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Home My WebLink AboutLUA99-012 IIMPWIIIIIIIIIINIMEMOWilil Illialr--, ;1111111P1.111.11.111.11.1111111,Ei r_ .! 40.1111111 8 0 CITY OF RENTON --- - - -4---..--::----2.trZiLEMY-----73,.. ATI-4 .ciA- 0 itiy".„ 704., - --; .A. Planning/Building/Public Works • 1055 South Grady Way - Renton Washington 98055 -,,:,.- , APR 0 6'9 9 12:3=.210-..,9,..04 A4 z 0 3 3 z , -,---,..,..,. * PB PIETER '' P h @ * U.S. POSTAGE ADDRESS SERVICE REQUESTED , 724260 .. . _ - 7-1.41*,i, 7:;;!4' 11P. - -, .4.6.4 •..,,, 4Pesp ,fidfit .k"-e-144i, w%. N 44"Tsr ,:7,1,,,,k •(/1,,, i `-':. "..,, — % VIWAt• uA" t e;e.". ',-, ;,----,,,,,,. ,,,, ..,c.,,,DANir WINDSOR ASSOCIATES rn-gCtli,t,' 1,),+, -,, 'We' 9777 Wilshire Blvd ''' ',-::!;1- "Cerritzt‘d'ar e. . -'.' ----:- Beverly Hills,CA 90212 -4.'3' 's - , (f;': ,f _ L , 11 y ____ - ! .z • TY OVA .� NOTICE OF APPLICATION AND PROPOSED ,DETERMINATION OF . NON-SIGNIFICANCE - MITIGATED.(DNS-M) DATE: FEBRUARY 25,1999(ORIGINAL) APRIL 05.1999(REVISED] LAND USE NUMBER: LUA-99-012,SHPL-A,ECF,V APPLICATION NAME: Ribera Short Plat PROJECT DESCRIPTION: The applicant,Tim O'Kane of Northwest Retail Partners, proposes to subdivide 9.2 acres into four parcels for eventual development of commercial uses. Two wetland areas and'a drainage corridor identified as Maplewood Creek are located on the site. Project requires Administrative Short Plat Approval, Environmental Review, and a Variance from the Land Clearing and Tree Cutting Ordinance in order to install street improvements within 25 feet of a creek. PROJECT LOCATION: 4301 NE 4th Street OPTIONAL DETERMINATION OF NON-SIGNIFICANCE-MITIGATED(DNS-M): As the Lead Agency,the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore,as permitted under the RCW 43.21 C.110,the City of Renton is using the Optional DNS(M)process to give notice that a DNS-M Is likely to be Issued. Comment periods for the project and the proposed DNS-M are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non-Significance Mitigated(DNS-M): A 14 day appeal period will follow the issuance of the DNS-M. • PERMIT APPLICATION DATE: FEBRUARY 5,1999 NOTICE OF COMPLETE APPLICATION: FEBRUARY 25,1999(REVISED APRIL 05,1999) APPLICANT: Tim O'Kane Northwest Retail Partners,Ltd. 600 University Street,Suite 3012 Seattle,WA 98101 OWNER: Diana Lee Ribera Ribera-Balko Enterprises Family Limited Partnership PO box 68562 Seattle,WA 98168 Permits/Review Requested: Environmental(SEPA)Review,Administrative Short Plat Review, Variance Other Permits which may be required: Hydraulic Project Approval(HPA)from Washing Department of Fish and Wildlife Requested Studies: Wetland and Buffer Restoration and Enhancement Plan Location where application may be reviewed: Planning/Building/Public Works Division,Development Services Department, 1055 South Grady Way,Renton,WA 98055 PUBLIC HEARING: The date of Wednesday, April 28, 1999, at 7:30 PM, has been set for a variance public hearing to review the proposed variance. The hearing, before the City of Renton's Board of Adjustment will be held in the Council'Chambers on the second floor of City Hall,Renton,Washington: CONSISTENCY OVERVIEW : - Land Use/Zoning: The project site is designated Center Suburban(CS)on the Comprehensive ' Plan Land Use Map and zoned Center Suburban(CS). ' • Density: , .. Not applicable. Environmental Documents that ' GENMALOT.DOC • Evaluate the Proposed Project: None Development Regulations Used For Project Mitigation: The proposal is subject to the City's Environmental(SEPA)Ordinance,Zoning Code,Land Clearing and Tree Cutting Ordinance,Public Works Standards, Uniform Fire Code,Uniform Building Code,etc. Proposed Mitigation Measures: The proposal to subdivide the subject site into four parcels does not include a specific development application at this time. Mitigation would need to be determined for individual development that would occur on the site. • 1. Applicant/owner shall be responsible for the implementation of measures to mitigate impacts to the wetland and stream areas on the subject site at the time that disturbance occurs in conjunction with the short plat,or as part of a specific development application,whichever occurs first. Comments on the above application must be submitted in writing to Jennifer Toth Henning, Project Manager. Development Services Division,1055 South Grady Way,Renton,WA 98055,by 5:00 PM on April 19,1999. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact Ms.Henning at(425)430-7286. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Jennifer Toth Henning(425)430-7286 PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION E. �. o- fd i,?},,��},�.-i �; ...'ST v... •'..47' 4 O‘J r.,•_.1. ..C �. ,.. •+,rT n .,1 .!.•1.-."L..- . ^. �u.u'�� j.I• '1- , :�%lY'' T'N •J,r Jp i:A^s•�, s' R�,, �P�1]- i liiiii , ...1 Vek-it le .1, ifinitim,. dm,,4-r, r ',0- •:..., ... .„ ';.... ...:i4-. .-1; : ..,3 • ... N,q •d , r _•F 1y g0...z.:• ' c.w.r.•~ ...�e, -6�/y �� 1 Nr .. . _..__._...__� i •.:+t:::: •.''',L'2'ive.1: .i,1 �'�///� —�.—.' r:'co 'ill • rr •` ,.. "e e 7 c �, -f rITiT- iVllll OI t w�� s •S. ---_ ¢I ' ....... f, • ! Y ITN y�`{� la.,, + ��,� SKIen'� i.. m m .... F, .m �bljdA! 0 a N+' �p « cJ<p10p -.1 : _•-..) ,k ' .L _ ,, =!!!ltlene� 3[A�R' 'f�7fAli •r —s . ,.. I p :�i 'Ni I+`N' ii •" 4.1.- . ,�•R • ii 43 -, 41. s 1•! ��pp m.'-r-`�'i L ;.Wslig +� a tn.:..:.:.._.q a--• - 6, .,: 1 t� I I 1 3, t't e .j•� ITirgiiir T.a. r' I i Q t I'w , r ,e�:• - ;o I .,c, o -_ �` .i I .i Yr�']. I' i�i— �T-'��'.— �__i Rl44llyl ,- oU 73' "I r• .i r...`.1 '' .1-.J I •I-)-1 :"I f�,�:-Ir. ar ..m o' p1, iy 71 ra i J1I tit Y .. _. � So_.. 1� vP 4.4' ipp.s PLAT ' lam _. 1 ; y o v I I ,.......5c. ` Bil'9_ MARTIN' ACRE TRACTS I I�—i4`.4 -- er H .h.. .., 1.6 I UNREC- i _ ;g1'•. . jit.. ••••••,. - ,—, 1,[-V:' ''.I .• i _e 1 1 t1}"}-- 'i—., • + !ii �•" YC ' —ter --— ,. . . t''. /Jlj �.� fp ,i--y • - -i .1 �w"N :— I :,I .......... " ;1: '•• -� '. . ti e f4." •• ... -. • _ ^`__ t t.o I .. 1 .,, - m. • . i z ,. .; I . __1=,...a ..- p-1...w .„,.; ... ...,),..v.4 L' xI : i - ):-r L.i s, •°'; -1 1 -o- .ot•k ... ;O 7 �aV Nool.•... • iI I ee _�VAIW100", � 1F: i ` a �'• /•N�(OyI� 1 1•9.. ;AD, A"•L' R i L\'• •'*vet%.. .?Q. a .:v.- -••)` T5 ....... . _ .. . . .,_ 0 0 CITY OF RENTON , — . ------ .4, 41.,,.. ,./. t- view , =... *: rill Planning/Building/Public Works ..../ tic-1 . 010 fire * : A 2 9'9 9 gi g& 1055 South Grady Way - Renton Washington 98055 - / o c" co 1— . . - itti% CC: - - ' :• ,.. * , ADDRESS SERVICE REQUESTED • ' a;si. _ . - illmomil ' ';'.' -1204266 U.S,P08 TA GE : ' ,• . . .,. t( ',In.‘7.-,7--..;:.'7';:..L. _ -.--' •':2-Yile' sy, , i:7( ,..,, 1-2. :: , '0 J.-1,RX NO !--,' Lr-T, • ,.' .,. -!i„)i,./i4 al , uND 1, .,,-,-., - • ---0 „El Dougl s oeldnz 1.Q i e- ......,,y.i.;,I:..) FigElls,F.g U 3937 sh th Av- ue % Seat e, WA_ 8103_ NOEL937 98/03302 1N 14 08/02/99 1 -ETURN TO ENDER -cram I ROT DELI'RUBLE ,,-,,--7:---._ j , . I NO - fyip§..R.N!) Ti+.18013W.sFoteNFIliOaRRISILE r - 7--,---'—i AS ADDRESSED ___ Driv cs, • ..: • ': . . . .. . . UNABLE 1 0 FM!!ARD 4--,-----vj C° 0 • . -11 1 " 11 • ' V 1 1 11 1 ' 11 • 1 1 1''.. 1 1 II • • • ,. • ' -.'%'.'-'.:1 (5) W d 1'. 0)-ti-s-'!'": Ii4:::--"a .11'11:H11'V:1,i 2•,i•:•11,'•Vi. c P.e•IW ietiti'l"tii• " RETURN TO SENFR CITY OF RENTON . u. Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P E.,Administrator July 29, 1999 • Subject: Ribera-Balko Short Plat File,No. LUA-99-012, SHPL-A Dear Interested Parties: • The above referenced land use application has been withdrawn at the applicant's request effective July 26, 1999. If you would like additional information, please contact me at (425) 430-7270. Sincerely, fiZ. 14442 Lesley Nishihira Project Manager C: Yellow File Parties of Record: Janet Hatch 4405 NE 4th Street Renton, WA 98059 Mary Merbach 13732 SE 141st Street Renton, WA 98059 ' Douglas Noeldner 3937 Ashworth Avenue Seattle, WA 98103 1055 South Grady Way-Renton, Washington 98055 ,cns ,TIn—T., -I-IP12,I ,I•RIRY.s:Xiit -71,' II 13 ''tpfLt'...`-yz.7:-,-4,1tig-i Ea ,,:Nis g-,', e 7.--.,:;*,..=,_. ,!I:Lt. • ,sili ,g,, -:,-,7-,.)•:., 7,- •tizip.f.11:_;;Ar_'" ,;- -1 01 G,I't-7 t C 9s it •4.-1-s .. `''• ' 1:5-`.t. eelve4414 &Mir"- .T.. 11\1;••-:' '1).: ii ' !:-I.tt ...I'.:!....,,.... • Lb ,1; • `46 Iii4l:r-ift ••j" ,::c74::,-.44.4 I 111017'i 1:::. •‘:'',,, • - 1:•:` : "....:',41- •-,,..1;•-.i•-..-.., I " LA.,'.....,1„,q4,11 ' ,,; ' ale,••I• . '.1'L13113 .'•'21,41alliiiiMil;,:. • • : '11*fr. • WEE .. 4/ <k•-1-5' .-;r 1 I 1 ,,,,..„,i 4 ::,'• ..t:rIk.a 177:I repro: MIK., ...!-- .., 11,1011.0A"' ' ''....,':i"E'' --:: i II 1 . !stin-74,- — i '..• 0,- ! 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" 2ND PL. .... ...., • g i . , .,,. .. .... . • • • , 1 va p, • s\,.. ., lotto( . c,10 ! 0......,,•!,,r. 4 I•g•" 43 AtIleat " i 28-5•:)_•4:1: , • ‘‘,N1 1 Ati4Iiiik-V 031 •411 ' • ;lip'—,17ia 0:11. •- • -•,:90' ' •V?1,• • .4 01 ! 1111F0' .1'W' ,:. 1 t ii 1 '..:, !1'. .2 ..-_,ir:5,. !E..,a,t!.\ - „%.. ' ..:ii\a „ a ...51 ..„ ':%.'/!••,,•ii, Neighborhood,. • • 11 a5°. I ... '11Eii 1.1. y '`Hitt)? 81. i 1 _ L -- — Gc�._ -l._ --L-_ - r - --' Failys;�y-`.:—_._ -d,,L. r. - 5..� I r .. w ,-..Tr: ....^-'&ii ir.... , ., , - .. _ ..,„ Ivla "'in ocle I .,,,,' 'A .e .t;I; % G �il Q4 r T--I '."L� Bt• a "a4"�.a .111 li_,331�!,s{�!}•�,1Y. _. iroArt_id - ,.m --}• � RPMnxr�aanomc;u;w.v uaca� ?12 ;ill r v °jl -jell. lased _ _ .. . ,. Eiti °"' or.rf rsetlfm.i m ri „, ..i,„ ft. . i, ,. „....... . „ft., .. . ._ _ _. .wmar o a .2 a:. t 9 _ ..i'dOA .1 i ;.q h. f RECORDING NO. RIBERA SHORT PLAT, CITY FILE #LUA99- 012 o MIA A PORTION OF THE NW 1/4 OF THE NW 1/4 SEC. 15, TWP. 23N., RNG. 5E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON DEDICATION: ACKNOWLEDGEMENT: NOTES: KNOW ALL PEOPLE BY THESE PRESENTS that we. the undersigned State of Washington ) 1) The monument control shown for this site was accomplished owners of interest in the land hereby short subdivided, )SS by field traverse utilizing a one (1) second theodolite hereby declare this short plat to be the graphic County of ) with integral electronic distance measuring meter representation of the short subdivision made hereby and do (Geodimeter 600) and Real Time Kinematic (RTK) Global hereby dedicate to the use of the public forever all streets This is to certify that on this day of Positioning System (GPS). Linear and angular closure of and avenues not shown as private hereon and dedicate the use 1999, before me, the undersigned, a notary the traverses meet the standards of WAC 332-130-090. thereof for all public purposes not inconsistent with the public. personally appeared use thereof for public highway purposes, and also the right to me known to 2) This survey represents physical improvement conditions as to make all necessary slopes for cuts and fills upon the be the person(s) who executed the foregoing dedication and they existed April 03. 1998. the date of this field lots shown thereon in the original reasonable grading of acknowledged to me that signed the same as survey. said streets and avenues• and further dedicate to the use of free and voluntary act and deed for the uses and purposes the public all the easements and tracts shown on this short therein mentioned. 3) Utilities other than those shown may exist on this site plat for all public purposes as indicated thereon, including Only those which are visible or having visible evidence but not limited to parks, open space, utilities and drainage Witness my hand and official seal the day and year of their installation are shown hereon. unless such easements or tracts are specifically identified first above written. an this short plat as being dedicated or conveyed to a 4) City of Renton has no responsibility to build improve. person or entity other than the public. in which case we do maintain of otherwise service the private roads contair 7 hereby dedicate such streets, easements, or tracts to the within of providing service to the property described I person or entity identified and for the purpose stated. this short plat. Further, the undersigned owners of the land hereby Notary Public in and for the State of 5) Dimensions shown hereon are measured perpendicular to short subdivided waive for themselves, their heirs and Washington, residing at property lines. assigns and any person or entity deriving title from the undersigned, any and all claims for damages against City of 6) Full reliance for legal descriptions end recorded Renton. its successors and assigns which may be occasioned easements have been placed on the title report from by the establishment, construction, or maintenance of roads Comonwealth Land Title Insurance Co. Commitment order f and/or drainage systems within this short subdivision other State of Washington ) H779539, dated November 23. 1998. No additional researr than claims resulting from inadequate maintenance by City of )SS has been attempted. Renton. County of ) 7) This site is subject to rights for slopes for cuts or i is Further, the undersigned owners of the land hereby This is to certify that on this day of as per instruments filed under Recording No.'s 5813072 short subdivided agree for themselves, their heirs and 1999. before me, the undersigned, a notary and 5823627 and by Superior Court Cause No. 632233. assigns to indemnify and hold City of Renton, its successors public, personally appeared and assigns, harmless from any damage. including any costs to me known to of defense. claimed by persons within or without this short be the person(s) who executed the foregoing dedication and subdivision to have been caused by alterations of the ground acknowledged to me that signed the same as surface, vegetation, drainage, or surface or sub-surface free and voluntary act and deed for the uses and purposes water flows within this short subdivision or by therein mentioned. ORIGINAL DESCRIPTION: establishment. construction or maintenance of the roads within this short subdivision. Provided, this waiver and Witness my hand and official seal the day and year indemnification shall not be construed as releasing King first above written. The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of County. its successors or assigns. from liability for the Northwest 1/4 in Section 15, Townshi damages, including the cost of defense, resulting in wholep 23 North, Range or in part from the negligence of City of Renton, its 5 East, W.M., in King County, Washington; successors, or assigns. Except portion thereof conveyed to King County for Southea: • This subdivision, dedication. waiver of claims and Notary Public in and for the State of 128th Street. under King County Recording No. 5813072: agreement to hold harmless is made with the free consent and Washington, residing at And except all coal and minerals and the right to explore in accordance with the desires of said owners. for and mine the same as excluded in deed recorded under AL itor's ' File No. 3012446: IN WITNESS WHEREOF we set our hands and seals. APPROVALS: (Also known as Tract 2 of Martin's Acre.Tracts, unrecorded) DEPARTMENT OF PLANNING. BUILDING AND PUBLIC WORKS: Situate in the City of Renton, County of King. State of Examined and approved this day of Washington. A.O.• 1999. Together with the following: The West 1/2 of the Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 15. Township 23 North, Range Administrator of Planning. Building and 5 East W.M.; Public Works Except the North 30 feet thereof; • KING COUNTY DEPARTMENT OF ASSESSMENTS: And except portion condemned in King County Superior Court Examined and approved this day of Cause No. 632233, for street: A.D.. 1999. And except the North 12 feet thereof conveyed to King Cour for Southeast 128th Street by deed recorded December 16. ' 1 under Recording No. 5823627: King County Assessor Except all coal and minerals and the right to explore for 1 mine the same. as excluded by deed recorded under King Co , Recording No. 192430: Deputy Assessor (Also known as a portion of Tract 3, Martin's Acre Tracts Account Number 322404-9051-09 unrecorded); Situateington in.the City of Renton, County of King, State of Wash • RECORDING CERTIFICATE: LAND SURVEYOR'S CERTIFICATE: ,,,,,,:,.,,,.,,,., Centre 33639 9th Avenue South �w9asoitt Kayo �s �. Federal Way, WA 98003 NW—NW 15, T23N, R5E, WM Recording No. This Short Plat correctly represents a survey made by me o�,1�q s �',?;;�o Pointe (253) 661-1901 agxres vex Filed for record this_oar of 1999 at_:_ or under my direction in conformance with the requirements : ' `�Ca.'� Pointe Mr. Tim O'Kane. NW Retail Partner• 3 of the appropriate State and County Statute and Ordinance a`a 600 University ._.w.in nook_of at page_at the request of in February, 1999. / o SurveY�g St.. Suite 3012 Norman E.Larson. F 2 338s,S W 0 p yin Seattle, WA 98101 f�1 gTCR OQ, Oa.PX!n. cH$x®!rc:• ,•'' 41 LEd5 K Main S Woods KING COUNTY, WASHINGTON Norman E.Larson ; 12-15-1999 i pt� Feb. 10. 1999 me xa: 1490 Manager Superintendent of Petards certificate No. 22338 �'� DNA mu'Nall 1490 SP SHEET 1 OF 4 c SEWER MANHOLE �SENEfl MANHOLE Power pole RIM 389.36 F 15. 24'COWL IE 374.29E S E A OLE witty 24'CONC IE 374.31 N o r IM 401.94 I .':a1'','+:'f': ^;'1`. i''S,it,.•..s:.:,:.':,:••..•. - o. CENTERWCHAN EAST 5 WEST Punch et surfs ::s.::':•i:• .: .,•t::..:'f.,:.;5�':T'.Y:,�4':�'y'.',;:15..::�, _ FLOWING N T `1,� •,6-: _.,,•y I.: s,':.'':'. oun0 g. X.N. .•'+.,.i.. ,. ,::r1 .... . 3-Eras s disc •k.SQ•`4V4•tii:-• N ..N2� o : .: _'t::F'.•. ,.,1'w.�.. .i.M;... :::'' .;i` '.r.. 3Yr`.a ,. •.h .. fir.,.. •.;. . •,.., � >t: - • .,,, ..,^Y Y,i... 0. ., ,,..".t. •"1 .;;i::.. �y a ni.:f ;•�•..: trq. •sad.• .::: :•:-. V�_ '.?-3�.1 ''�a:;C1 :y.l: Kat9(s;�^i:n.-:�•.y..,}. '�� 0 ..:-.,>?x,.a�'4".r.�'a:, •:e,. ..�x•. :.;e r - i:'t;'� ,r' ..�y� ::i'.: CT`,p0�`e•:,}ct _ -T „v;,:y:.•...,5[,$c.., 46.5i',K+r„ ".,, ..4:'�•. - .•' ,_rr.,9` .r.=XA v..,„d,'4; .N.c1 u'Cu4 .�.r,.. . .,Wont�' ':,TAn$ens"ai:,;;.e;C;u7lir,g4 r. .. � - �'y.,+?6�,::.,a.: ':`vj1-� single wnite stripe � .� •03'09" 646.51• ..ori:ds:'.;'I' S Y:•.�,u..:;.'d a:..�ti:_-i.iy.1;-:vi:2oif e9e asphalt — -Power pot FL 6'Batruoe0 A ' rWater meter 310.06' T Set eb---------- asphalt curb i Guy ire ancho 1.1'S f North line. rebar and cap A � ik Telephone manhole stamped 'LS 22338' +, 30' n 1-3 O Z w y 31'7 '''j��III� ' One Story z •t�J�� I', `� Mood House Pi 31 1 Xest side o!9ned East Side of shed z Ow...1 I-1 18.8' I \ f0.e'E o/East ]fne. 4.5'E of East]Stye. y J r ••\,/1 �m To be removed ,-.3 V L n 1e.2 I I io :'1'- m . tii o z OV 1_.O mI--_3011Igreaemenrs rd `•• • m Lots 1,2,3, and 4. \ y C 1p Outhouse❑ T r LOT 2 O IV 2.997 ACRES outhousep 2 130.536 SO. FT. 1-31 cv "'��", m Z tr y i� \ . om. m (� z H, ':�ai m �4 Om /F�`7y Barbed Ire fence N (/�) %� �•::�: orner 0.5'E of East Q I--a ` ` e7»,"„ ^� 1n ]fne. �X_ �l 1-3 � N e 9�.0 z 4• y \aid G PA�YORle • 1..0 C/] "\\�\"• _ '!�'� East line of the west 1/2 nof the northeast 1/4 of 4 0.8'H-�• northwest northwl/4 of4Seof the ction I'll cn 1.7'W--wi 1-3 tli L .- .'•':' y Barbed Ire fence 0 o a 1.y�1y SB8'03'09"E 310.06' 1.1'W of SE lot IV li forner. up . • Iv CA - NW corner of W a Ve o �:;: : y- Barn f.5'E O i .• i ..w - `ti o - 1.0'S o/SE lot m corner. R m6z co a North end of barbed wire fenc0 o c • , p ' m property0]inefofaLot 3 • • ^ �y1�a 4f om� °` N RI i LOT 3ul �F a my x n O �- 1.408 ACRES I a _ �� 61,335 SO. FT. T > 0 (V 4-1 ao� I z n .. South end of barbed wire y cn .,.- O ,p 3 fence 1.4'W and 4.7'N of southeast property tii tmi >N corner of Lot 3 0 y y r• y Set reDer and cap 6 N m Z 310.05' -tamped 'LS 22338• cn NI S88'09'46"E 647.65' o >E Z Q South line of the north 1/2 c Oof the northwest 1/4 of r N Section 15 a x A F oa Pj 0 O roH g 30Vd/311070A / 1 STORM MANHOLE Southeast 128th Street (King Co.) RIM 393.02 48'LMP IE 383.48E Northeast 4th Street (Renton) Northwest corner Sec. 15, SEMER MANHOLE �SEMEP MANHOLE X Two. 23N., Feld. 5E.. M.M. RIM 389.36 Found brass pin in concrete. 24'LONL IE 374.29 E 9 10 1nca4>ad. �" 24'LONC IE 374.3i M UdT tP�IDM �:5..,rc��: yid•.f,t'.: •±;.'i:':` '::t;:,';:t:, ,4;.�..�.::.,;): ...4., .... .�„ 1 15 ,a e.9 ^'frl friL4: .''•• i' ,i ..--''.. 11b ,p i �fl e'idsi2e. tt)I' t �s-at?. ;�.e:w:-4. , Y.�. ` `�:�: ',;�' ''�..i,u;,. 91 tiJ ob:,f,' ...'uk:S: 1:t''dyYe 1 .1: iC:'• _ �'.h: :i •.t . I box •._'•,.-' ;•pRl• •�;�.: t •'y ra).va7$'+�, ...�drrctetv.'4.Stipu N,4,t`- $t ee ':1;`:�:� �• K1....• ert ical e`t'.� kt�!"AL � rx `\: !t��:-sl�in:r�': 5'�.,.� �� :,.)..s x -, V..,.,. ..: ��. 4}p'.�..i Mel curb 6'9Utter `-.i::he,'::Matl':C'_ S.aw:!F.t.? �iu:a'".ua. , T y z. y '-. nytlrantF7 ()Telephone manhole 't' �`; ' ,/ At, Asphalt "+�" Set rebar and can C7 '}-�^' ! t � stamped LS 22338" '�'•�'•: 83 I 12'Concrete Culver!,,df) _ _ . � �II STORM MANHOLE - �'%:ALg^ iet� --y„ L 36'CAP Culver' �VSS RIM 390.06 i,,„1>'�0 -4z4 top sign "Sf 253.00' 24'COP SE 3Bfi: S'e'-•icr'' 9n Tgn --- 12'Concrete _:"V. a f1,.j"Ay4R" culvert t"t ' < \%.,aS�Ar� STORM MANHOLE SEWER MANHOLE ." ��;�y�� 4f RIM 392.38 RIM 388.84 Yartl boSe Yij;{{5 y'5:>;n! 24'CMP IE 385.72 NX 15'PVC IE 378.60 S 30' O �� w/4'base ^ A:1,. OVERFLOW UNCMP IE ABLE94 TOSMEA SURE S 12'PVC IE 379.06 E15'PVC IE 378.57 /NE W. O �V/ 1u1 1 3v 4 4...{ W e,yr.; zi' GPOwPr pole y O ` Asonalt 8•ri'sf''.' 1 f.- ') "''y'4P`'`'�'i STORM MANHOLE '"'k" �'•''�'45 RIM 393.71 ~, hTYt' ;1 ,��x�I E 12'CMP IE 386.16 N - 31.7' 0 "a1 12'CMP IE 382.37 S t-y,A. V:ge 48'CMP IE 381.77 NM =r'%i` >.�s� dB-CMP IE 381.34 SE Cl)\ '•1'a `W,g,,i, 8'CNP IE NOT FOUND SM tH.,i., ll1 1 1 it �v.S'�a' yam.., I� CATCH BASIN-STANDARD "Ate+• tf' 4B'CMP Culvert N 'Garage 18.2 qn 8'CMP IE 389.69 NE RIM 394.71 TY;ti:��,tY: :'A� p I1(", ii OLD • .7 W 5'Uf;''+-'6: OI x Cyclone fence o FL extruded curi) ,�7 ��''' 4 Cyclone fenceX I:/H, m �� Faucet Si. ;rid E m O ••Faucet .� +�' ys LOT 1 STORK MANHOLE-CIRCULAR G SEWER MANHOLE r RIM 395.34 t' RIM 3B9,B3 o y f� OVERFLOW 391.84 �`' 15'PVC IE 378.15 S tp 1'f�� 36'CMP IE 386.08 S � 2.143 ACRES 15'PVC IE 378.31 N 12'CMP IE 386.02 N {:=YV' 93,338 S0. FT. '`'�� Li" 0 8 �S -%" R r' "w 4 J iN c% j�n •ia?'Ln (D 0CD 1e 'TG ', ~ .w;:C'' STORM MANHOLE-CIRCULAR GRATE cf.- ,D ��YOR `>N-* co RIM36'394.CNP I6 6 71 Edge concrete,... ,,.�,;�.}'t%h�t',s -! 1-3 tt 0,,y1 j+y,�,:4,:', 15' sewer easement -;':"�-- A`' ''!•`= Rec. ND.8509260801/ .p, FL extruded curD:''>>• ''^`.. �T'� PVC culvert 8609111674 0 J 4 FL extruded curb _ = �►1 =.t:Y cabv:f f1 i' 3''. AV.' S88 03'09"E 253.00' 3,;,1:: C)1 r o'er• a {k-{;,�,�4,`,::�. ;�y�p :•:;r: ". m 1> J� CATCH BASIN-STANDARD g8(,P ?'%��f yi{ v Y� ^ RIM 399.27 y'o^ ••'3'j':- n l 8"PVC IE 397.12 NE y'tzt"7l'```:}i'�:5':4. 0 g. 0 'SYv. 30' I.w.l F+ Concrete walk' >,--.,`tdga�Y.�yF?ySM I•.•',+,,, V ...eve`f:tr.`� i. .,. • Q East edge of .': in C• ,.f:"rr: flagged wet lantls • 1 a LI a S West line of the northwest r/1 CO p d N m,y y 1/4 of the northwest 1/4 �1/ o >& Se the ction tionn northwest 1/4 o1 SEWER MANHOLE o /-, 0 0 NOT FOUND THIS SURVEY. M N V V 0 CrQ O g LOCATED PREVIOUSLY BY OTHERS v II LOT4 xgl 2.650 ACRESZ l" 115,433 S0. FT. I iu y 0 0,0' I Wood fence- [' ,.c-4 Z X X 6. Et Z Z 19 ~' stamp d' 5524 t J n,,. stamped LS5524 y y 'no e ID m w'•3 N sea mreb ar LB n2 2338- Ca omZC3 v Z WOOD fenceX X�. • 337.60' H.,° C M J '�' ":1'. SEWER MANHOLE m" C NOT FOUND THIS SURVEY. 1-1 Z Lrn7 LOCATED PREVIOUSLY BY OTHERSQ Z f30Yd/3W 110A • f RECORDING No. VOLUME/PAGE III RIBERA SHORT PLAT, CITY FILE #LUA99-012 4 A PORTION OF THE NW 1/4 OF THE NW 1/4 SEC. 15, TWP. 23N., RNG. 5E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON Mortn.est corner Sec.11 hr 23uu eT 9c o SEe Me..110 0 mn SE.cMMete, Found 3. 1as,disc` Incased. panto et r c t 323.22. _ -- - _ _ MS9113•09•11 2563.2a• I - ee reber end c - - _ tenped-Ls 223e3°S• I S sas.aa' - 1 ` ` • I 1sls.de• . of g,•A9' Ma8•03.09•M 8a6.ef• ` •1 zs3.00 <I 310 et reber end cep steeped-Ls 22338' I 30. I 11 IF LOT 1 4-30•rngres.e epreea end utility n..Por AV I!2.edema m LOT 2 ig IS i I 1^ 2 1!',ewer eaaeeent _ I B 09f1fu)82178BI/—� • Basis of Bearing: m '°' East line of the treat 1/2 968.03.09.E 2l3.00' /the nprtneeet 1/a dl Washington State Lambert Grid-North . northwest Us oiase°dii°e°o Zone as determined by GPS observation. 19 ,/ Benchmark: �� V� Base: , see ro3p9•E 31p.oe• _ Railroad spike 1.0' up on south face of telephone pole 70'+/- north of centerline of NE 4th St. and 300'+/- west of Union Ig Avenue SE. Elevation: LOT 4 1. 405.88 feet = Vertical Datum: 's ii City of Renton. g LOT 3 o so 120 MMI Y 1 r per end cep S C ALE e eeld`ed•Ls zz33e• . :.... 33) 1„ — 602 Set reber cep 310 03 .leaped•Lende 22339• SEM 09 a6 E 1N7 65• Oust lIna cI the north f/2 Sectlnnnortnoest 1/a of w,w,,,,,,,,,,,,.,.....................y a MEN DATA �� Centre 33639 9th Avenue South N Ell:is Federal Way, WA 96003 NW-NW 15, T23N, R5E, WM =oe' z,EllAs y�i L(Orli i (253)661-1901 9' foa . �s �\t!: — Pointe Mr. Tim O'Kane, NW Retail Partners d r " `'��' 600 University St.. Suite 3012 n ` .2. y v Surveying Seattle. WA 98101 `th gfsl 3N.10,044 MA"6C CIDSS®SY: o*�1 IANQ S K Main S Woods KING COUNTY, WASHINGTON ., •- 12-15-1999 DAM Feb. 10. 1999 48"' 1490 \ D005300Auc1490 SP SHEET 4 OF 4 • t `''"244°"""' Southeast 128th Street (King Co.) 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CITY OF RENTON, KING COUNTY, WASHINGTON Y ? /-.' \-.1 1 Z Centerline of 1 sir creek / / I ( )'( ,-‘ ) / 0 100 200 J ( > ) ,,,_, ji I 5 �1 � . Scale : Wetland A / I "( A \ \ 1 100 ' l I / \ s \ \ ,00 t-- r-/ ( 1 \ •, _ C 7 \\ ( 1(.; _C\ \ ))I ti / L�,rLOrn�� C ` ` + Vertical Datum: CITMCFRENTON 1 \ - 07//j \ \ \ 1 , City of Renton . FEB 05 1��9 \ \- -.-/ RECEIVED \ f \ Wetland B l 1 \ 1 , 1 ___- /2-27-` � ( 1 \\ o Centre 30821E Pacific Hwy South ` \ �``C i ---- • ••, )` f t q Federal Way, WA. 98003 w �. `� (253) 941-7522 �� - ��°E si � . P Pointe ) \\ \I • . v> x , , Surveying 1p�, �S,,,7 7 SQ - ,., \ / ) ) 1 1E C K MAIN ,. „_", ___ i l AN4 :TR.— Dec . 22, 1998 JOB No.: 1490 J EXPIRES 12-15-1999 SCALE 1 " = 100 ' DRAWING NAME 1490 HABITAT TECHNOLOGIES 012 LA �u) WETLAND AND BUFFER RESTORATION AND ENHANCEMENT PLAN RIBERA PROPERTY, CITY OF RENTON, WASHINGTON prepared for: Northwest Retail Partners, Inc. @ Mr. Tim O'Kane 600 University Street, Suite 3012 Seattle, Washington 98101 prepared by: HABITAT TECHNOLOGIES P.O. Box 1088 40,N Puyallup, Washington 98371-1088 O 253-845-5119 C>, D /1/ T �F9 O ��4'11'�'✓✓ �C S19 ��. Svc �`/I 99 February 4, 1998 �Q wetlands, streams,fisheries,wildlife -- mitigation and permitting solutions voice 253-845-5119 fax 253-841-1942 TABLE OF CONTENTS INTRODUCTION 1 ONSITE WETLAND DELINEATIONS AND ASSESSMENTS 1 CITY OF RENTON WETLAND AND STREAM MANAGEMENT REGULATIONS 3 ❑ Wetland Restoration 3 U.S. ARMY CORPS OF ENGINEERS - SECTION 404 4 STATE OF WASHINGTON (HPA) 5 WETLAND AND BUFFER RESTORATION AND ENHANCEMENT PLAN 6 DESCRIPTION OF THE PRIMARY ELEMENTS 7 GOAL AND OBJECTIVES OF THE RESTORATION PLAN 10 SELECTED PLANT COMMUNITIES 10 RESTORATION INSPECTION, MONITORING, AND REPORTING 10 ❑ Inspection Will Include: 11 ❑ Monitoring Will Include: 11 ❑ Project Sequencing: 12 IDENTIFIED TASK 12 PERFORMANCE CRITERIA 12 SEEDING FOR EXPOSED AREAS 13 VEGETATION MAINTENANCE PLAN 13 REMOVAL OF INVASIVE NON-NATIVE VEGETATION 13 PLANTING NOTES 14 MONITORING FINANCIAL GUARANTEE 14 APPENDIX A 15 APPENDIX B 17 INTRODUCTION This document provides a detailed description of the "Wetland and Buffer Restoration and Enhancement Plan" formulated as a part of the overall site planning of the approximately 9.2 acre Ribera Property project site. The project site is located within a rapidly urbanizing area at the southeast quadrant of N.E. 4th Street and Union Avenue N.E., in the Renton Highlands Area of the City of Renton, King County , Washington. The project site presently contains two single-family homesites located in the north central portion of the site. The area around these homesites has been cleared, graded, and managed for several years. However, management actions within the areas around these homesites has been curtained within the last few years and the area is becoming overgrown with blackberries (Rubus spp.), Scot's broom (Cytisus scoparius), reed canarygrass (Phalaris arundinacea), and sapling red alder (Alnus rubra), as well as a wide variety of invasive herbs. The eastern portion of the site is dominated by a second-growth Douglas fir (Pseudotsuga menziesii) forest. A narrow drainage corridor enters the project site via a culvert under N.E. 4th Street and continues generally to the south within the western portion of the site, west of the single- family homesites. This narrow drainage corridor is confined onsite within an excavated ditch and has been identified as Maplewood Creek, an intermittent tributary to the Cedar River. The objective of this "Wetland and Buffer Restoration and Enhancement Plan" is to provide for the restoration and enhancement of presently degraded aquatic and terrestrial environments associated with Maplewood Creek as part of the proposed future development of the project site. This restoration and enhancement will be accomplished through the establishment of viable native plant communities, the installation of habitat features, and the creation of a protective drainage corridor that includes both wetland and upland habitats. This restoration and enhancement will not require any adverse impacts to present wetland areas regulated by the City of Renton. ONSITE WETLAND DELINEATIONS AND ASSESSMENTS As a part of the initial site planning a wetland delineation was completed during the summer of 1995 by Shannon & Wilson, Inc. (see Wetland Delineation of the Renton QFC Site Located in Renton, Washington dated September 28, 1995). This delineation was completed pursuant to the methods identified within the Corps of Engineers Wetlands Delineation Manual (1987 Manual). This assessment identified a single drainage corridor along the western property boundary. No wetlands were identified onsite during this study. 1 Ribera Property-99008 As identified within the 1995 study this drainage, which at one time had been maintained, had not been recently maintained and sediment had built up creating a blockage within the drainage approximately 100 feet south of the northern project site boundary. This study noted that the source of this sediment was most likely the result of stormwater discharge from neighboring parcels when cleared and developed. In addition, this study documented that the blockage created an area of periodic flooding which would not be present if the drainage were maintained. This area of periodic flooding included plants associated with both wetlands (i.e. reed canarygrass) and uplands (i.e. Scot's broom). This flooded area, while exhibiting seasonal ponding and wetland vegetation, did not exhibit hydric soils. Following the development of the 1995 wetland study the wetland staff met with Mr. Larry Fisher, Washington Department of Fish and Wildlife (WDFW), onsite to discuss site development concerns associated with the identified drainage. Mr. Fisher noted that this drainage would be considered a "stream" for purposes of WDFW regulation. In addition, Mr. Fisher noted that the site did not contain wetlands. During the fall of 1998, Shannon & Wilson, Inc. again completed a wetland delineation study of the project site. This second delineation was also completed pursuant to the methods identified within 1987 Manual. However, along this the regulated drainage corridor the 1998 study also identified two wetland areas onsite. Both of these wetlands were also identified as exhibiting a low function and value. The first wetland (Wetland A) was identified along the western boundary of the onsite drainage. Wetland A was generally dominated by reed canarygrass and invasive shrubs and sapling trees and was noted to exhibit periodic flooding. This area also exhibited field indicators of hydric soil which were not noted within the 1995 study within this area of periodic flooding. Based upon size, extent of past disturbance, and low function and value Wetland A was identified as meeting the City of Renton criteria for designation as a Category 3 Wetland. The second small wetland (Wetland B) identified within the 1998 study was noted along the southern edge of the project site. Wetland B was dominated by shrubs and sapling trees typically associated with wetland areas, exhibited surface water ponding, and exhibited field indicators of hydric soils. However, the field indicators of hydric soils recorded within the data sheet for Wetland B identified the soil between 0-9 inches as very dark gray (2.5Y 3/1) sandy loam with organic and at 9+ inches as dark brown (10YR 3/3) sandy loam without redoximorphic features. Wetland B was identified as isolated and less than 5,000 square feet in total size. During December 1998 and January 1999 Habitat Technologies reviewed the project site and the associated prior wetland delineations. Based upon present site conditions and the information provided within both the 1995 and 1998 Shannon & Wilson, Inc. studies it appeared that the wetland boundaries flagged onsite for both Wetland A and Wetland B accurately defined existing site conditions. The project area had been greatly disturbed by prior land use actions (i.e. onsite homesite development, offsite commercial developments, public roadways, clearing, grading, utility placements, 2 Buffer Restoration Plan-98076 drainage excavation, stormwater discharges from adjacent properties). Both of these onsite wetland areas appeared to best be identified as a "newly emerging" wetland as defined within the City of Renton wetland regulations. In addition, Wetland B was identified as less that 5,000 square feet into total size and thus not regulated by the City of Renton. Wetland A was identified as meeting the City of Renton criteria for designation as a Category 3 Wetland. The standard buffer for this type of wetland within an urban area is 25 feet. CITY OF RENTON WETLAND AND STREAM MANAGEMENT REGULATIONS The City of Renton has adopted a policy to balance community desires for economic development and affordable housing with the responsibility to retain, restore, and protect the City's remaining wetlands and streams resources. It is further identified by the City to encourage restoration of disturbed and low value wetlands, encourage site planning to protect and minimize damage to wetlands wherever possible, and to establish buffers of natural vegetation around wetlands and along stream corridor. The City further encourages land development projects with seek to improve the hydrologic and wildlife habitat functions of low value wetlands. The City has identified that any City approved wetland and/or buffer restoration or other City approved mitigation activities are allowed within wetland or wetland buffers regulated by the City (4-32-4:A.10). The City has further identified that approval of project which involve wetlands or wetland buffers must be consistent with the provisions of the City's wetland management chapter and (4-32-6:A): 1. A proposed action avoids adverse impacts to regulated wetlands or their buffers or takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; and 2. The proposed activity results in no net loss of regulated wetland area, value, or function in the drainage basin where the wetland is located. • Wetland Restoration The City of Renton may allow the applicant requesting to alter wetlands as a part of a site development action to propose restoration of existing disturbed wetlands as compensatory mitigation for such alternation and to ensure that the provisions of the City's wetland management chapter are full met. The preference is for onsite restoration wherever possible and such activities must include restoration of hydrologic, water quality, and biological functions. The applicant proposing to restore wetlands shall identify how the restoration plan conforms to the overall goals and requirements of the local wetland protection program and established regional goals of no net loss of wetlands. 3 Buffer Restoration Plan-98076 The City has identified that any wetland restoration compensation project will be in-kind, on or offsite, timed prior to proposed wetland alterations, and exhibit a high probability of success. The City has also established a restoration ratio to be used which is dependent upon the wetland category and vegetation type being altered. The identified restoration ratio for a City of Renton Category 3 Wetlands, either scrub-shrub or emergent, is 1.5 times the amount of wetland area altered. U.S. ARMY CORPS OF ENGINEERS - Section 404 Section 404 of the Clean Water Act (33 U.S.C. 1344) prohibits the discharge of dredged or fill material into "Waters of the United States" without a permit from the Corps of Engineers (Corps). The Corps has jurisdiction over freshwater systems waterward from the ordinary high water line of a water body or waterward from the upland boundary of the adjacent wetland. The definition of fill materials includes the replacement of aquatic areas with dry land, grading which changes the surface contour of a wetland, and mechanized land clearing in wetlands. For the purposes of Section 404 permitting the Corps makes the final determination as to whether an area meets the wetland definition and would be subject to regulation under the Corps program. Currently the Corps has two specific types of permits which apply to wetland fill proposals. These two types are a series of specific Nationwide Permits and the Individual Permit. The Nationwide Permit process identifies specific categories of work that can be undertaken following a set of specific conditions applicable to each Nationwide Permit number. Currently the Corps, following the Nationwide Permit #26 process and the Seattle District Corps Regional Conditions - as amended following interactions with the State of Washington - can authorize maximum fill or adverse impact to two acres of wetland defined as above the headwaters or isolated. • Nationwide Permit #26 - discharge of fill into headwaters and isolated waters of the United States. (this nationwide permit is subject to change in 1998) Specific Needs: The total amount of impact to onsite wetlands must be identified. For impacts to less than 1/3 acre: The proponent must submit a report to the Corps within 30 days following completion of activities. For impacts between 1/3 acre and 2.0 acres: The proponent must notify and obtain permission from the Corps prior to undertaking such activities. To avoid adverse impacts to water quality, fisheries resources and other aquatic life, the NWP#26 is not applicable in wetlands within 100 feet of any stream with a channel width at the ordinary high water mark greater than two feet. State 401 Certification: A 401 Certification issued by Wash. Dept. of Ecology is needed for fills affecting more than 1.0 acres, fills affecting more than 1/3 acres which do not contain a mitigation plan approved by the local jurisdiction, and for 4 Buffer Restoration Plan-98076 fills within the 100-year floodplain (unless such fill is consistent with the local floodplain management plans and ordinances). Currently the Corps, following the Nationwide Permit #14 process and the Seattle District Corps Regional Conditions - as amended following interactions with the State of Washington - can authorize fill or adverse impact within a wetland for the placement of road crossing. • Nationwide Permit #14 -fills for roads crossing waters of the United States. Specific Needs: The width of the fill must be limited to the minimum necessary for the actual crossing. In addition, the fill must be no greater than one tenth of an acres, no more than 200 linear feet, the alteration of adjacent vegetation must be held to a minimum, revegetation shall occur in impacted areas, and erosion controls must be used. The Nationwide Permit #14 can not be combined with the Nationwide Permit #18 or#26 for the purpose of increasing the footprint of the road crossing. Notification to the Corps is required. The proposed crossing cannot restrict instream flows or the low flow movement of aquatic organisms. In addition, the crossing must be consistent with the local floodplain management comprehensive plans and ordinances. The Corps requires an Individual Permit where a proposed activities within an identified jurisdictional wetland area can not be authorized under one of the Nationwide Permits. STATE OF WASHINGTON (HPA) Department of Fish and Wildlife - Hydraulic Project Approval (HPA) An HPA is required for all activities waterward of the ordinary high water mark. This would include the installation of a new stream crossing for access to the site or for City required roadway widening projects. Typically a crossing for this type of stream (i.e. intermittent and without direct fish habitat) can be completed using an oversized arch culvert. For a proposed crossing it will be important to define that this is the only reasonable location for the crossing, typically in terms of public safety and local road engineering requirements. It will also be important to show that the method of crossing and the overall impact of any fill placed waterward of the ordinary high water mark is the minimum necessary to complete the project. 5 Buffer Restoration Plan-98076 Permit Application: The HPA application is submitted directly to the Department of Fish and Wildlife, Regional Biologist. The application needs to include a detailed description of the proposed action, the associated impacts, and possible offsetting stream corridor enhancements. Many of the same enhancements that would be proposed to the local jurisdiction to offset impacts will also be noted within this application (i.e. instream woody debris, construction schedule, erosion controls). An HPA is typically required for the outlet structure of any onsite retention/detention facility. For such a proposed outlet it will be important to define that the best management practices are being followed and that there will be no adverse impact to instream water quality. WETLAND AND BUFFER RESTORATION AND ENHANCEMENT PLAN The overall site development action being proposed for the approximately 9.2 acre Ribera Property project site is the initial formation of four independent lots through the City of Renton short plat process. The formation of these independent lots will create usable areas for the economic development of commercial or multi-family facilities consistent with the City of Renton comprehensive plan along with consistency with existing land uses within the local area. To meet both the objectives of the landowner to create a viable economic development within the City of Renton and the City of Renton required site development criteria to retain, restore, and protect the City's remaining wetland and stream resources the following actions are proposed as a part of the short plat process (Attachment 1): • Establishment, restoration, and long-term protection of the presently forested upland plant community west of the identified onsite wetland/stream corridor. This forested upland area is approximately 32,500 square feet (0.75 acres) in total size and will include area both within and outside the standard 25 foot buffer along the wetland/stream corridor. • Establishment, restoration, enhancement, and long-term protection of a 25 foot protective buffer along the eastern side of the onsite wetland/stream corridor. This area is approximately 10,750 square feet (0.25 acres) in total size and presently dominated by invasive grasses and shrubs. • Alteration of approximately 6,600 square feet (0.15 acres) of existing low value, newly emerged wetland through restoration and enhancement of the plant communities and habitat features (i.e. snags and fallen trees). Following restoration and enhancement actions this area will provide a protective buffer for the wetland/stream corridor and be a functional part of 6 Buffer Restoration Plan-98076 the established wetland/stream corridor which will be identified for long-term protection. • Restoration of approximately 13,200 square feet (0.30 acres) of existing low value, newly emerged wetland though the installation of native trees and shrubs, and placement of habitat features (i.e. snags and fallen trees). The proposed ratio of restored wetland area to altered wetland area is 2.0 to 1.0. This ratio is greater than the standard City of Renton 1.5 to 1.0 ratio. • The placement of approximately 120 linear feet of existing roadside ditch along N.E. 4th Street into a culvert. This action is expected to be required by the City for improvements to N.E. 4th Street either associated with this short- plat or future City roadway improvements. This action will result in approximately 360 square feet (0.0082 acres) of Maplewood Creek and allows the opportunity to coordinate proposed onsite actions with potential roadway improvements. • Restoration and enhancement of the existing ditched drainage at the northern portion of the project site. This area is presently dominated by invasive shrubs and will be regarded and replanted with native trees and shrubs. As a result of this wetland and buffer restoration and enhancement plan there will be no net loss of regulated wetland area. More importantly, presently degraded wetland and drainage corridor resources will be restored, enhanced, and protected to provide greater wetland function and value and greater wildlife habitats than present exist onsite or would develop within the short-term. Additional plan elements include the placement of a protective fence along the outer edge of the established buffer, the placement of buffer signs, the future establishment of water quality facilities adjacent to the outer boundary of the buffer to provide enhanced hydrologic support, and a three-year monitoring program to ensure that the plant community develops as proposed. To achieve the goal of full compensation for the proposed alteration of 6,600 square feet of existing low value, newly emergent wetland into protective buffer and the potential City of Renton requirement to place of a culvert within an existing roadside ditch along N.E. 4th Street following primary elements will be undertaken to restore, enhance, and establish a viable wetland/stream corridor onsite. DESCRIPTION OF THE PRIMARY ELEMENTS 1. The plant community within approximately 6,600 square feet of existing low value, newly emerged wetland area east of the identified drainage (stream) will be restored and enhanced through the installation of a wide diversity of native trees and shrubs. This area was not identified as wetland in the 1995 study and subsequent review by WDFW but was identified as wetland in the 1998 study. This area has been modified by past land use actions and is presently dominated by reed canarygrass and a scattering of invasive shrubs (i.e. blackberries, Scot's broom). 7 Buffer Restoration Plan-98076 Habitat features such as snags and logs will also be added to this area to provide wildlife habitat diversity. This action will create a functional protective buffer between the wetland/stream corridor and future site development, as well as an area more aesthetically pleasing with more educational/recreational value than present conditions. The existing wetland area altered to created this protective buffer will be compensated for as required by the City of Renton wetland management chapter as defined below in item #2. However, as a result of this actions there will be no loss of wetland area through fill or grading. 2. As compensation for the proposed alterations of approximately 6,600 square feet of existing low value, newly emerged wetland area east of the identified drainage (stream) the plant community within approximately 13,200 square feet of existing low value, newly emerged wetland area between the drainage (stream) and the established protective buffer area will be restored and enhanced through the installation of a wide diversity of native trees and shrubs. This area has been altered by past land use actions and is presently dominated by reed canarygrass and a scattering of shrubs (i.e. blackberries, Scot's broom, willows, Douglas spiraea, sapling black cottonwood). The proposed ratio of restored wetland area to altered wetland area is 2.0 to 1.0. This restoration ratio is greater than the standard City of Renton 1.5 to 1 .0 ratio. Habitat features such as snags and logs will also be added to this area to provide wildlife habitat diversity. This action will create a more functional wetland/stream corridor, as well as an area more aesthetically pleasing with more educational/recreational value than present conditions. 3. The wetland and associated upland area west of the drainage (stream) channel will be preserved and will not be altered this restoration and enhancement plan. The wetland within this area is presently dominated by sapling and young deciduous trees (i.e. red alder, black cottonwood, Pacific willow). The upland area is presently dominated by mature second growth Douglas fir trees and a mixed understory. The outer boundary of this area will be marked with buffer identification signs and potentially fenced to limit further intrusions and unauthorized dumping of garbage. In addition, the restoration and enhancement plan will remove the existing garbage which has either been dumped onsite or wind blown into the project area for adjacent properties. 4. The existing 25 foot buffer area along the eastern side of the wetland/stream corridor which is not a part of the area noted in #1 above will be restored and enhanced through the installation of a wide diversity of native trees and shrubs. This area was not identified as wetland in either the 1995 study or 1998 study. This area has been 8 Buffer Restoration Plan-98076 modified by past land use actions and is presently dominated by reed canarygrass and a scattering of invasive shrubs (i.e. blackberries, Scot's broom). Habitat features such as snags and logs will also be added to this area to provide wildlife habitat diversity. This action will create a functional protective buffer between the wetland/stream corridor and future site development, as well as an area more aesthetically pleasing with more educational/recreational value than present conditions. 5. The existing ditch corridor directly south of N.E. 4th Street will be modified through selective excavation to increase the amount of area within the drainage channel and to reslope the adjacent uplands. Following this selective excavation of existing uplands and the resloping of the adjacent uplands the area will be restored and enhanced through the installation of a wide diversity of native trees and shrubs. This area was not identified as wetland in either the 1995 study or 1998 study. This area has been modified by past land use actions and is presently dominated by blackberries and Scot's broom. Habitat features such as snags and logs will also be added to this area to provide wildlife habitat diversity. This action will create a functional protective buffer between the wetland/stream corridor and future site development, as well as an area more aesthetically pleasing with more educational/recreational value than present conditions. The restoration and enhancement of this area will be completed to address the potential that the existing ditch channel along N.E. 4th Street will be required by the City of Renton to be placed within a culvert as a part of the upgrading of N.E. 4th Street. 6. Temporary and long-term erosion control measures will be implemented. These measures include silt fencing at the restored edge of the wetland buffer prior to any additional onsite actions. In addition, all exposed areas will be seeded immediately. 7. The outer boundary of the buffer will be marked to limit intrusion into the wetland and buffer area. 8. All restoration activities will be monitored by the project biologist. Following the completion of onsite planting activities a "record-drawing" plan and a series of photos documenting onsite activities will be prepared and submitted to the City of Renton which defines the actions taken and project completion dates. 9. The project proponent will undertake a three-year monitoring program to assure the success of the buffer restoration plan. This monitoring program will include photo documentation of the restored area and an associated report to be provided to the City of Renton at the end of each monitoring period. 9 Buffer Restoration Plan -98076 GOAL AND OBJECTIVES OF THE RESTORATION PLAN The GOAL of the wetland and buffer restoration and enhancement plan is to ensure that the proposed alteration of approximately 6,600 square feet (0.15 acres) of existing low value, newly emerged City of Renton Category 3 Wetland does not create a long- term adverse impact to the wetland or the associated buffer. This plan is intended to meet both the objectives of the landowner to create a viable economic development within the City of Renton and the City of Renton required site development criteria to retain, restore, and protect the City's remaining wetland and stream resources. To achieve this GOAL, the following OBJECTIVE is defined: • Plant Community Restoration and Enhancement The presently low value, newly emerged wetland and associated upland buffer areas will be planted with a mixture of native trees and shrubs. SELECTED PLANT COMMUNITIES The plant communities selected for the restored wetland and buffer areas will be obtained as nursery stock from a local nursery (i.e. Sound Native Plants). These selected species (Appendix A) are native and commonly occur in the local area. The plant species prescribed are selected to increase plant diversity, match prior onsite communities, increase wildlife habitats, and enhance the aquatic environment (Appendix B). RESTORATION INSPECTION, MONITORING, AND REPORTING Essential to the success of the restoration and enhancement plan is the accurate inspection of onsite activities immediately prior to and during the planting phase. These activities include onsite inspection and technical direction during planting activities, and post-planting site inspection and evaluation. The pre-construction site inspection allows the project proponent and the project biologist to evaluate and, if necessary, adjust the onsite restoration steps. These steps include project sequencing and timing, and the establishment of environmental protections required during onsite activities. Interaction with City of Renton staff is also an essential element during pre-construction site inspections and discussions. The project biologist shall also be responsible for assuring that the species and sizes of native plants selected and noted within the planting plan are utilized during planting. If selected native species become unavailable, the biologist will consult with City of Renton staff for substitute plant species to assure that the intent of the buffer establishment plan is met. Post-construction site inspection/ evaluation will include the 10 Buffer Restoration Plan-98076 preparation of a "record-drawings" and photo documentation that will be submitted to City of Renton staff. • Inspection Will Include: 1. Upon the completion of the restoration and enhancement planting the project biologist will count the number of plants that were planted within the restored areas. Plants will be identified to species and observations of general plant condition (i.e., plant health, amount of new growth) are to be recorded for each plant. 2. The project biologist will take photographs that show the entire area. These photos will show plant growth, plant species, and plant coverage. 3. Upon the completion of the initial project planting the project biologist will prepare a report defining methods, observations, and results along with the date the observations were completed. This report will be sent to City of Renton environmental staff. 4. The inspection schedule is defined as: At the completion of initial project planting: This inspection and accompanying report will include a "record drawing" defining the species used, locations, and general site conditions. This report will also include a "lessons learned" section. This "record drawing," photo documentation, and report will be provided to City of Renton within two weeks after the completion of onsite planting. • Monitoring Will Include: 1. Upon the completion of the restoration and enhancement planting the project biologist will undertake a three-year monitoring program. Observed plants will be identified to species and observations of general plant condition (i.e., plant health, amount of new growth) will be recorded for each plant. In addition, the project biologist will record the growth of volunteer trees and shrubs within the replanted areas. 2. The project biologist will take photographs that show the entire area. These photos will show plant growth, plant species, and plant coverage. 3. Upon the completion of each monitoring the project biologist will prepare a letter report that notes onsite observations. This letter report will include the photo documentation of the site. This letter report will be sent to City of Renton environmental staff. 11 Buffer Restoration Plan-98076 4. The monitoring schedule is defined as: On or about the third week of May for three consecutive years following initial restoration planting. The accompanying letter report will be provided City of Renton by June 5th of each monitoring year. • Project Sequencing: IDENTIFIED TASK TO BE COMPLETED BY Installation of protective silt fencing and identification of April 15, 1999 existing vegetation to be protected during onsite actions Excavation and existing uplands and creation of new April 30, 1999 stream channel directly south of N.E. 4th Street Planting of trees, shrubs, and seeding of all exposed April 30, 1999 areas Installation of protective buffer signs and fencing April 30, 1999 Removal of all garbage and trash from established April 30, 1999 wetland/stream corridor area Post planting inspection and first growing season spring May 15, 1999 plant inspection Post planting record survey report and first growing June 15, 1999 season monitoring report to City of Renton First growing season fall plant inspection Sept. 15, 1999 First growing season report to City of Renton Oct. 1, 1999 Second growing season spring plant inspection April 15, 2000 Second growing season report to City of Renton June 5, 2000 Second growing season fall plant inspection Sept. 15, 2000 Second growing season report to City of Renton Oct. 1, 2000 Third growing season spring plant inspection April 15, 2001 Third growing season report to City of Renton June 5, 2001 Third growing season fall plant inspection Sept. 15, 2001 Third growing season report to City of Renton Oct. 1, 2001 PERFORMANCE CRITERIA The restoration and enhancement plan will be required to meet the following criteria as determined by the annual monitoring: • At the end of the first full year following planting (to be completed by Sept. 15, 1999) 100% of the installed trees and shrubs will exhibit growth. In addition, the plant community (installed and volunteer trees and shrubs combined) will exceed 25% aerial coverage. • At the end of the third full year following planting (to be completed by Sept. 15, 2001) 80% of the installed trees and shrubs will exhibit growth. In addition, the plant community (installed and volunteer trees and shrubs combined) will exceed 50% aerial coverage. 12 Buffer Restoration Plan-98076 Should the restoration and enhancement program not meet the 100% survival and 25% aerial coverage criteria as identified by the Sept. 15, 1999 monitoring the project proponent will replant those plants that did not survive. Should the restoration program not meet the 80% survival and 50% aerial coverage criteria as identified by the Sept. 15, 2001 monitoring the project proponent will meet with the City of Renton environmental staff and provide a plan to replant the area with the appropriate number of species of plants to meet the 80% criteria. SEEDING FOR EXPOSED AREAS Seeding for all exposed surfaces within the restored and enhanced wetland and buffer areas will be completed immediately following the completion of onsite grading. The seed mixture to be used (a mixture of wildflowers or low growing grasses acceptable to City of Renton environmental staff) will be identified prior to application to ensure quick coverage to reduce the potential for soil erosion and to reduce the potential for harm to installed or volunteer plants. VEGETATION MAINTENANCE PLAN Maintenance of the established wetland and buffer complex plant communities may be required to ensure the long-term health and welfare of the onsite environmental functions. Such maintenance would be identified and undertaken only following discussions and coordination with City of Renton staff. The overall objective is to establish undisturbed plant communities that do not require maintenance. Activities may include, but are not limited to, the removal of invasive non-native vegetation and the irrigation of selected areas. Established maintenance activities include the removal of any trash within the project area. REMOVAL OF INVASIVE NON-NATIVE VEGETATION As a contingency, should the removal of invasive non-native vegetation become necessary, the project proponent will contact the City of Renton to establish and define specific actions to be taken. Resultant contingency plan activities will be implemented when the ongoing vegetation maintenance and operations indicates that plants listed in the Washington State Noxious Weed List are becoming dominant (greater than 10% aerial coverage) within the plant community. 13 Buffer Restoration Plan-98076 PLANTING NOTES All plant materials shall be native to the southern Puget Sound Region. The project biologist shall inspect plant materials to assure the appropriate plant schedule and plant characteristics are met. Plant installation will follow the notes provided in Appendix B. MONITORING FINANCIAL GUARANTEE A financial guarantee will be provided and held by City of Renton for the monitoring and reporting elements of this restoration and enhancement plan. Since the actual restoration and enhancement activities will be completed prior to the development of any of the proposed lots to be created through the short-plat process a construction guarantee is not presently proposed. All construction related activities associated with the restoration and enhancement plan are to be completed prior to development of these lots. This monitoring guarantee will be equal to 125% of the estimated costs for identified activities. This guarantee will be deemed to be released by City of Renton upon meeting the established criteria and acceptance by City of Renton of the reporting documents. IDENTIFIED TASK ESTIMATED COST Post planting as-built report to City of Renton $ 780.00 (8 hrs. biologist, copies, and photos) First growing season plant inspection and report 1,120.00 (12 hrs. biologist, copies, and photos) Second growing season plant inspections and reports 1,120.00 (10 hrs. biologist, copies, and photos) Third growing season plant inspections and reports 1,120.00 (10 hrs. biologist, copies, and photos) Sub-total 4,140.00 Required 25% contingency 1,035.00 TOTAL ESTIMATED MONITORING COSTS $ 5,175.00 14 Buffer Restoration Plan-98076 APPENDIX A Selected Plants for Restoration and Enhancement 15 Buffer Restoration Plan -98076 NUMBER PLANT ID COMMON NAME PROPOSED SIZE INDICATOR SCIENTIFIC NAME STATUS 21 THP Western red cedar 5 - 6 ft FAC Thuja plicata 11 PIS Sitka spruce 5 - 6 ft FAC Picea sitchensis 3 TSH Western hemlock 5 - 6 ft FACU Tsuga heterophylla 31 PSM Douglas fir 5 - 6 ft FACU Pseudotsuga menziesii 6 ACM Big leaf maple 4 - 6 ft FACU Acer macrophyllum 12 FRL Oregon ash 4 - 6 ft FACW Fraxinus latifolia 44 POT Quaking aspen 4 - 6 ft FAC+ Populus tremuloides 55 SAL Pacific willow 4 - 6 ft FACW Salix lasiandra 13 BEC Water birch 4 - 6 ft FACW Betula occidentalis 5 PRV Common chokecherry 4 - 6 ft FACU Prunus virginiana 49 PYF Western crabapple 4 - 6 ft FACW Pyrus fusca 18 CRD Western hawthorne 4 - 6 ft FAC Crataegus douglasii 39 ACC Vine maple 2 gal FAC- Acer circinatum 166 RON Nootka rose 2 gal FAC Rosa nutkana 35 ROG Wild rose 2 gal FACU Rosa gymnocarpa 54 COC Hazelnut 2 gal FACU Corylus cornuta 22 LOI Black twinberry 2 gal FAC+ Lonicera involucrata 60 PHC Pacific ninebark 2 gal FACW- Physocarpus capitatus 192 COS Red osier dogwood 2 gal FACW Cornus stolonifera 218 SAS Sitka willow 2 gal FACW Salix sitchensis 16 RUS Salmonberry 2 gal FAC+ Rub us spectabilis 29 RIS Flowering current 2 gal UPL Ribes sanguineum 136 SYA Snowberry 2 gal - Symphoricarpus albus 16 Buffer Restoration Plan-98076 SEEDING MIXTURES Wetland Area Soil Moisture Conditions Common name Scientific name Percent by weight Redtop Agrostis alba 50% water foxtail Alopecurus geniculatus 50% apply at the rate of 120 pounds per acre Upland Buffer Area Soil Moisture Conditions Common name scientific name Percent by weight colonial bentgrass Agrostis tenuis 50% Perennial ryegrass Lolium perenne 30% white clover Trifolium repens 20% apply at the rate of 120 pounds per acre APPENDIX B Beneficial Uses of Plants and Planting Notes 17 Buffer Restoration Plan -98076 BENEFICIAL USES OF PLANTS USED IN WETLAND AND BUFFER RESTORATION AND ENHANCEMENT ACTIVITIES TREE STRATA BOTANICAL NAME INDICATOR PLANTING BENEFICIAL USES SCIENTIFIC NAME STATUS LOCATION Douglas fir FACU buffer Provides escape/refuge cover, nesting locations, and food for wildlife. Excellent insect habitat which Pseudotsuga menziesii are prey for wildlife. Important structural habitat component, alive or as a snag. Western red cedar FAC wetland and Provides escape/refuge cover, nesting locations, and food for wildlife. Habitat for insects which are Thuja plicata buffer prey for wildlife. Important structural habitat component, alive or as a snag. Good along riparian areas. Good soil stability value. Western hemlock FACU buffer Provides escape/refuge cover, nesting locations, and food for wildlife. Also habitat for insects which Tsuga heterophylla are prey for wildlife. Important structural habitat component, alive or as a snag. Good along riparian areas. Sitka spruce FAC wetland and Provides escape/refuge cover, nesting locations, and food for wildlife. Seed cones drop in fall. Also Picea sitchensis buffer habitat for insects which are prey for wildlife. Important structural habitat component, alive or as a snag. Good soil stability value. big leaf maple FACU buffer Important structural habitat component, alive or as a snag. Stumps produce dense mass of sprout Acer macrophyllum stems. Seed eaten by many wildlife species. Provides escape/refuge cover, nesting locations, and insect habitat. Good soil stability value. Oregon ash FACW wetland and Female trees produce seeds that are eaten by many species of wildlife. Provides escape/refuge Fraxinus latifolia buffer edge cover, nesting locations, and insect habitat. Western paper birch FAC wetland edge Hardy, fast growing. Seeds especially valued by goldfinches, siskins, and juncos. Provides Betula papyrivera escape/refuge cover, nesting locations, and insect habitat. cascara FAG- buffer edge Good soil-binding characteristics and grows well in disturbed sites. Provides escape/refuge cover, Rhamnus purshiana nesting locations, and excellent insect habitat. Fruit eaten by wildlife. bitter cherry FACU buffer Provides escape/refuge cover, nesting locations, and insect habitat. Fruit eaten by wildlife. Good Prunus emarginata soil stability value. Western crabapple FACW wetland and Provides escape/refuge cover, nesting locations, and insect habitat. Fruit eaten by wildlife. Good Pyrus fusca buffer edge soil stability value. black hawthorns FAC wetland and Dense crown provides escape/refuge cover, nesting locations, and insect habitat. Fruit eaten by Crataegus douglasii buffer edge wildlife. Good soil stability value. Pacific willow FACW+ wetland and Excellent soil-binding characteristics and very effective erosion control. Provides escape/refuge Salix lasiandra buffer edge cover, nesting locations, and excellent insect habitat. Does not produce seed or fruit for use by wildlife. SHRUB AND GROUND COVER STRATA BOTANICAL NAME INDICATOR PLANTING BENEFICIAL USES SCIENTIFIC NAME STATUS LOCATION Sitka willow FACW wetland and Fast growing. Excellent soil-binding characteristics and very effective erosion control. Provides Salix sitchensis buffer edge escape/refuge cover, nesting locations, and excellent insect habitat. Does not produce seed or fruit for use by wildlife. Scouler willow FAC wetland and Fast growing. Excellent soil-binding characteristics and very effective erosion control. Provides Salix scouleriana buffer edge escape/refuge cover, nesting locations, and excellent insect habitat. Does not produce seed or fruit for use by wildlife. red-osier dogwood FACW wetland and Excellent soil-binding characteristics. Attractive multi-stem shrub with or without stems. Excellent Corpus stolonifera buffer edge escape/refuge cover, nesting locations, and insect habitat. White fruit eaten by wildlife. salmonberry FAC+ wetland and Good soil-binding characteristics. Well adapted to disturbed areas. Fruit has high food value for Rubus spectabilis buffer edge wildlife. Nootka rose FAC wetland and Excellent soil-binding characteristics. Well adapted to disturbed areas. Fruit has high food value Rosa nutkana buffer edge and are persistent well into winter. peafruit rose FAC wetland and Excellent soil-binding characteristics. Well adapted to disturbed areas. Fruit has high food value Rosa pisocarpa buffer edge and are persistent well into winter. wild rose FACU buffer and Excellent soil-binding characteristics. Well adapted to disturbed areas. Fruit has high food value Rosa gymnocarpa buffer edge and are persistent well into winter. Pacific ninebark FACW- wetland and Excellent soil-binding characteristics. Flowers are attractive to hummingbirds. Provides escape and Physocarpus capitatus buffer edge refuge cover, nesting locations, and insect habitat. vine maple FAC- buffer edge Excellent soil-binding characteristics. Multi-stem shrub. Excellent escape/refuge cover, nesting Acer circinatum locations, and insect habitat. Winged fruit eaten by wildlife. salal FACU buffer Good soil-binding characteristics and tolerant to poor soils. Produces edible berries used by some Gaultheria shallon wildlife. Provides excellent ground cover for wildlife escape and refuge. Oregon grape UPL buffer Good soil-binding characteristics. Produces edible berries used by some wildlife. Provides excellent Berberis nervosa ground cover for wildlife escape and refuge. snowberry FACU buffer Excellent soil-binding characteristics. Produces edible berries used by wildlife. Provides escape and Symphoricarpus albus refuge cover, nesting locations, and insect habitat. black twinberry FAC+ buffer Good soil-binding characteristics. Produces edible fruit. Flowers are attractive to hummingbirds. Lonicera involucrata Provides escape and refuge cover, nesting locations, and insect habitat. Pacific red elderberry FACU buffer Good soil-binding characteristics. Produces edible fruit. Flowers are attractive to hummingbirds. Sambucus racemosa Provides escape and refuge cover, nesting locations, and insect habitat. prickly current FAC+ wetland and Produces edible fruit. Flowers are attractive to hummingbirds. Provides escape and refuge cover, Ribes lacustre buffer edge and insect habitat. BOTANICAL NAME INDICATOR PLANTING BENEFICIAL USES SCIENTIFIC NAME STATUS LOCATION gooseberry FAC wetland and Produces edible fruit. Flowers are attractive to hummingbirds. Provides escape and refuge cover, Ribes divaricatum buffer edge and insect habitat. flowering current UPL buffer Produces edible fruit. Flowers are attractive to hummingbirds. Provides escape and refuge cover, Ribes sanguineum and insect habitat. hazelnut FACU buffer Excellent soil-binding characteristics. Multi-stem shrub. Excellent escape/refuge cover, nesting Corylus cornuta locations, and insect habitat. Nuts eaten by wildlife. Important small mammal winter stored food. kinnikinnick FACU- buffer Good soil-binding characteristics. Produces abundant, edible berries used by some wildlife. Arctostaphylos uva-ursi Provides excellent ground cover for wildlife escape and refuge. thimbleberry FAC- buffer Produces edible fruit. Flowers are attractive to hummingbirds. Provides escape and refuge cover, Rubus parviflorus and insect habitat. evergreen huckleberry UPL buffer Good soil-binding characteristics and tolerant to poor soils. Produces edible berries used by some Vaccinium ovatum wildlife. Provides excellent ground cover for wildlife escape and refuge. oceanspray - buffer Good soil-binding characteristics and does well on disturbed sites. Multi-stem shrub. Excellent Holodiscus discolor escape/refuge cover, nesting locations, and insect habitat. Seeds persist through the winter and are eaten by wildlife. slough sedge OBL wetland Good soil-binding characteristics and does well in disturbed sites. Seeds persist through the winter Carex obnupta and are eaten by wildlife. small fruited bulrush OBL wetland Good soil-binding characteristics. Seeds eaten by wildlife. Scirpus microcarpus common cattail OBL wetland Good soil-binding characteristics and does well in disturbed sites. Stems and seeds are eaten by Typha latifolia wildlife. Provides escape and refuge cover, nesting sites, and insect habitat. 04Th \\`ir/c\ `.��r•• TYPICAL SHRUB OR GROUND COVER NOT TO SCALE notes 1. Soil/root mass (rootball) should be broken-up slightly to free constricted roots prior to planting. Container or burlap should be removed unless root penetration is extreme. 2. Replacement soils should be native materials unless the native soil lacks organic materials. Soil augmentation with 50% organic materials should be added to mineral soils. Do not over-compact soils. 3. Excavated area should be approximately twice the size of the root mass or the container. 4. Plants should be placed in an upright position with the root collar at the ground level. 5. Soil should be saturated at time of planting. Supplemental irrigation may be required. 11141 'N kk TYPICAL DECIDUOUS/EVERGREEN TREE NOT TO SCALE notes 1. Soil/root mass (rootball) should be broken-up slightly to free constricted roots prior to planting. Container or burlap should be removed unless root penetration is extreme. 2. Replacement soils should be native materials unless the native soil lacks organic materials. Soil augmentation with 50% organic materials should be added to mineral soils. Do not over-compact soils. 3. Excavated area should be approximately twice the size of the root mass or the container. 4. Plants should be placed in an upright position with the root collar at the ground level. 5. Soil should be saturated at time of planting. Supplemental irrigation may be required. 6. Tree should be held in place with two or three 2"x2" wooden stakes and secured with #14 gauge steel wire. A vinyl collar or equivalent protective material must be used at the wire's contact with the tree. Collar should be placed at approximately 1/2 the tree's height. 0-g9-0I Z Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton WA 98055 20000418000708 CITY OF RENTON EAS 12.00 PAGE 001 OF 005 04/18/2000 11:13 KING COUNTY, WA Title: UTILITIES EASEMENT Property Tax Parcel Number: 57g2ja —OO20 Project File#: R 5 �Z s 2 3 Street Intersection or Project Name:/g Reference Number(s)of Documents assigned or released:Additional reference numbers are on page . Grantor(s): � Grantee(s): 1. gi3r_'(=4 - f-14/to " 1gP�I Ctcc3, 1. City of Renton,a Municipal Corporation F1nf/L y 1 fen /TE/O (�9eAjtJ Sih'P The Grantor,as named above,for or and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to the above named Grantee,the following described property: Additional legal is on page - of document. (Abbreviated legal description MUST go here) LEGAL DESCRIPTION: /4 pt r/. c h (7 5eC71 or; jS 7 1p 23 V61.;eihit covi4/ , 14/4 / 0 O auO) of, 1;nwisloo cool ,2ODD-G�S�� H:\FORMS\KCRECORD\EASEMENT.DOC\ Page 1 FORM 03 0000/bb/CA2-21-97 That said Grantor(s),for and in consideration of mutual benefits,do by these presents,grant,bargain,sell, convey,and warrants unto the said Grantee,its successors and assigns,an easement for public utilities (including water,wastewater,and surface water)with necessary appurtenances over,under,through,across and upon the following described property(the right-of-way)in King County,Washington,more particularly described on page 1. (or if full legal is not on page 1—Exhibit A.) For the purpose of constructing, reconstructing,installing,repairing,replacing,enlarging,operating and maintaining utilities and utility pipelines,including,but not limited to,water,sewer and storm drainage lines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities,Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. i The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not,however,have the right to: a. Erect or maintain any buildings or structures within the easement;or b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee;or c. Develop,landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, m successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties o and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and o every person or persons,whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the cp heirs,executors,administrators and assigns forever. ��a • IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this) day of4C/2.1-& 1.94 D INDIVIDUAL FORM OF ACKNOWLEDGMENT C'v Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: H:\FORMS\KCRECORD\EASEMENT.DOC\ Page 2 • i INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss • COUNTY OF KING ) I certify that I know or have satisfactory evidence that .lam 1 a-h t `��‘�Ii1111//fj/� 2-EA signed this instrument,on oath was/wen G F E RK/i��/�� stated that be/she/they was/we authorized to execute the instrument and . �Ssion FXpG'S� ackn wledged it as the 0 CLTh OAP[Cte YUC JJ_and euli-'tLJJ =O:,;(F ^°N 7 S. of K &-LxL— t3LLK0 to be the free and voluntary act of such � NCR Y party/parties for the uses and purposes mentioned in the instrument. SN�i.. PUBLIC .2� v to pli iQ r L� 1n�c.�i( d Lfr1i C 12, � d� � �F••V 9, �`` Notary Public in and for the to of Washington 1/�//111110 Notary(Print) LW'S& 6 FfYK-11k/.ctz d My appointment expires: 57 q/ (2.000 Dated: 4/S/ A-000 0 CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) On this day of , 19_,before me personally appeared o to me known to o be of the corporation that C-4 executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: H:\FORMS\KCRECORD\EASEMENT.DOC\ Page 3 FORM 03 0000/bh/CA2-21-97 • • Attachment "A" Storm Drainage Easement to the City of Renton The north 10 feet of the east 190 feet of Parcel A of City of Renton Lot Line Adjustment No. LUA99075LLA filed under King County Recording No. 19990623900005. ALL SITUATE in the southeast quarter of Section 15, Township 23 north, Range 5 east of the Willamette Meridian in the City of Renton, County of King and the State of Washington. I-2$ oo 4.14 E. co cc Q. 94. *a te s O/STEQ;. 42. °NAL LAND EXPIRES 12/15/0/ c 0 CD 0 c: Page 4 • Storm Drainage Easement Exhibit Northeast 4th Street 190' 10' Storm drainage easement � " =60 ' Parcel A LUA99075LLA Page 5 51-1P- 619-0I L Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton WA 98055 RELEASE OF RESTRICTIVE COVENANTS Property Tax Parcel Number: 518210-0020 518210-0030 518210-0031 Project File#: R-107-88 Street Intersection: South side of NE 4th St.approx. 300 ft east of Union Ave NE. Grantor(s): Grantee(s): 1. City of Renton 1. Henry and Ada Balko LEGAL DESCRIPTION: The Fast half of the Northwest quarter of the Northwest quarter of the Northwest quarter AND the West half of the Northeast quarter of the Northwest quarter of the Northwest quarter ALL in Section 15,Township 23 North,Range 5 of Willamette Meridian in King County,Washington; Except the North 42 feet thereof for Southeast 128th Street; (Also known as Tract 2 and a portion of Tract 3 of Martin's Acre Tracts,unrecorded); ALL SITUATE in the City of Renton,King County,Washington. Whereas the Grantee,as named above,is the holder of a restrictive covenant acquired from the above named Grantor dated July 19, 1990 and recorded under Recording Number 9007250508 of King County,State of Washington;and WHEREAS,the City of Renton,Washington did require certain restrictive covenants as a condition of approval for the rezoning of the subject property in 1988;and, WHEREAS,said restrictive covenants applied to the then current zoning;and, WHEREAS,the approved development of the site was never implemented;and WHEREAS,the approved short plat of the property was never recorded;and WHEREAS,the zoning of this site has subsequently changed;and, WHEREAS,the City Council authorized the removal of the restrictive covenants on June 21, 1999; NOW,THEREFORE,the City of Renton does hereby authorize the release of the restrictive covenants described above on the land described above. nv!n .. IN WITH S8VVI¢ER;,.said City has caused this instrument to be executed this all day of Ttl1l/C 19 ' . ;$ \`l V % City of Renton .t. * SEAL _ zrz sse Tanner,Mayor Marilyn Pet on ty Clerk 19990713001360 PAGE 001 OF 002 07/13/1999 11:15 KING COUNTY, WA CITY CLERKS OF R 9.00 w STATE OF WASHINGTON )SS COUNTY OF KING ) i • I certify that I know or have satisfactory evidence that J2SSi 1 Q n n e r- and ( \O f L 1/n pei-erwr, signed this instrument and acknowledged that he/she/they was/were authorized to execute the instrument and acknowledged it as the niA.CLA1 eti and CA)al U t K of C t&4 p Y2 e t to be the free and voluntary of such party/parties for the uses and purposes mentioned in the instrument. r Notary Public in and for�the State of Washington Notary(Print) M11 c-1`.6( u n. My appointment expires: 9 DQ t Dated: (. V--1 I 611 19990713001360 PAGE 002 OF 002 2 07/13/1999 11:15 KING COUNTY, WA CITY CLERKS OF R 9.00 June 7, 1999 Renton City Council Minutes Page 204 heard of this situation,which he will look into. Citizen Comment: Pace— Sam Pace, 3905 - 154th Ave. SE,Bellevue,introduced himself as a Endangered Species Act; spokesperson for"The Common Sense Salmon Recovery Coalition"which has Salmon Runs&Recovery filed a lawsuit for declaratory judgment and injunctive relief in the United States District Court against the Secretary of Commerce and the National Marine Fisheries Service. Emphasizing that perfect habitat does not guarantee salmon recovery,Mr.Pace said salmon can still be a threatened species due to overharvesting and natural predators. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Councilmember Keolker-Wheeler, item 7.c.was removed for separate consideration. Appeal: Campen Springs Site City Clerk reported appeal of Hearing Examiner's decision on the Campen Approval, SA-98-039 Springs site approval(SA-98-039); two appeals filed—one by George (Schneider Homes&Lila Kresovich, 1221 Second Ave. Suite 500, Seattle, 98101,representing Schneider Campen) Homes; and the other by Lila M.Campen,4908 Talbot Rd. S.,Renton,98055, both accompanied by the required fee. Refer to Planning&Development Committee. Parks: 1999 Waterfowl Community Services Department recommended approval,with one Removal Interlocal Agreement modification,of the 1999 interlocal agreement for waterfowl removal (continuation of egg addling program and study). Renton's cost share is $1,377. Council concur. CRT: 99-007, Iglesias v Court Case filed by Anthony L. Butler, 600 First Ave.#408, Seattle,98104,on Renton behalf of Roxanne Iglesias and Alicia Antonia Iglesias(a minor),alleging harassment on the part of certain Renton Police Department officers. Refer to City Attorney and Insurance Services. Plat: Demps(Final),NE 12th Development Services Division recommended approval,with one condition.of St,FP-99-037 the Demps Final Plat;two single family lots on an existing 13,251 square foot parcel located at 2302 NE 12th Street. Council concur. (See page 208 for resolution.) Development Services: Ribera Development Services Division recommended approval of a request to remove Request to Remove Restrictive restrictive covenants for the Ribera property located at 4301 NE 4th Street Covenants,NE 4th St because they are an unnecessary burden on the property that no longer fulfills WR, Ci -b\ ' their intent as requirements of development. Refer to Planning&Development Committee. Planning: Residential Multi- Economic Development,Neighborhoods& Strategic Planning Department Family Parking Space proposed increasing the number of required off-street parking spaces from 1.75 Requirements to 2.0 spaces per unit in the Residential Multi-Family— Neighborhood Center (RM-N),RM—Suburban Center(RM-C)and RM— Infill(RM-I)Zones. Refer to Planning&Development Committee. Plat: Windsong(Preliminary), Hearing Examiner recommended approval,with conditions,of the Windsong NE 4th St/142nd Ave SE,PP- Preliminary Plat; 68 single family lots on 11.55 acres in the vicinity of NE 4th 99-006 Street and 142nd Ave. SE(PP-99-006). Council concur. CAG: 98-001,Oakesdale Ave Transportation Systems Division submitted CAG-98-001,Oakesdale Ave. SW SW Extension,Phase 1, Extension,Phase 1; and recommended approval of the project,authorization for Scarsella Bros final pay estimate in the amount of$20,312.92, commencement of 60-day lien period,and release of retained amount of$216,496.82 to Scarsella Brothers, Inc.,contractor, if all required releases are obtained. Council concur. Transportation: Oakesdale Ave Transportation Systems Division recommended approval of an agreement SW,Phase 2,TIB Funding accepting$273,800 in funds from the Transportation Improvement Board for C, , , OF RENTON COUNCIL AGENDH BILL Al#: 1-1.0, • Submitting Data: Planning/Building/Public Works For Agenda of:June 7, 1999 Dept/Div/Boa d Development Services Staff Contact Jennifer Toth Henning Agenda Status Consent X Subject:: Ribera Property— Request to Remove Restrictive Covenants Public Hearing for Ribera Property at 4301 NE 4th Street Correspondence Ordinance Resolution Old Business Exhibits: New Business Exhibit 1: Letter from Applicant Study Sessions Exhibit 2: Ordinance 4278 Information Exhibit 3: Site Vicinity Map Exhibit 4: Issue Paper Recommend:A Action: Approvals: Refer to F tanning and Development Committee for June 17, 1999 Legal Dept X meeting. Finance Dept Other Fiscal Impac: Expenditire Required N/A Transfer/Amendment N/A Amount -iudgeted N/A Revenue Generated N/A Summary of Action: Applicant requests that the City Council remove Restrictive Covenants imposed on the subject site per Rezone 4-107- 88. The covenants require: 1. Only the residential site plan concurrently approved by the Hearing Examiner's Decision dated May 15, 1990 shall be developed. 2. There shall be no more than one hundred eleven (111) dwelling units placed on the subject site. Approved in 1990, the property was rezoned from General (G-1) to Business Use (B-1) and Medium Density Multi- Family (R 3), subject to the applicant's filing of recorded restrictive covenants as noted above for that portion of the property zoned R-3. The applicant requests the removal of the covenants because they are an unnecessary burden on the property that no longer fulfills their intent as requirements of development. City Policy and Procedures No. 400-13 establishes a formal process to allow the City to review an applicant's request to remove a restrictive covenant and requires that approval of the original decision-making body for removal. STAFF RECOMMENDATION: Staff reco nmends that Council approve the request to remove the restrictive covenants. RBRAGD • RETAILJAW. DEVEWPMENT PLANNING NORTHWEST CITY OF RENTON RETAIL MR PARTNERS. LTD. J 2 1999 RECEIVED March 10, 1999 Ms. Jennifer Toth Henning Senior Planner City of Renton Renton City Hall, 6th Floor 1055 South Grady Way Renton, WA 98055 RE: LAU99-012 Ribera Short Plat Removal of Restrictive Covenant Dear Jennifer: Please accept this letter as formal request on behalf of Diana Lee Ribera, as owner of the above referenced property to remove the recorded Declaration of Restrictive Covenant as recorded in 1990. (Copy Attached.) As you know,the comprehensive plan for this area was changed in 1993 to reflect the current CS (Center Suburban)zone designation. The property is now projected to be sold to commercial/retail service users, and the current market value of the property most likely prohibits the development of multifamily as was originally proposed by the property owners, and their consultant, James Bakke, Inc. in 1990. In addition,the property owner stands to undergo hardship due to the loss of property associated with wetland mitigation. All remaining "usuable"property located on Lot 1 of the subject short plat will need to be sold to a purchaser who can utilize the property for its"highest and best use", which is commercial/retail. 600 University Street, Suite 3012 / Seattle, WA 98101 / Phone 206-343-9204 / Fax 206-343-9205 / Email: MainNWRP@AOL.COM • City of Renton March 10, 1999 Page 2 Jennifer, please review this letter of request with the appropriate departments within City Hall, and let me know what actions, or procedures the property owner must undertake to successfully remove the declaration of restrictive covenant from title. Si erely, Tim ane cc: Diana Ribera Approved and Executed this day of March, 1999. BY: Diana Lee Ribera TITLE: President Ribera-Balko Enterprises • , i Janes Bakke, Inc. R-107-88 it ED FOR RECORD AT REQUEST L. OFflCE Of THE CITY CLERK JUL -> ?!; S, ;,N '00 RENTON MUNICIPAL BLDG. 200 MILL AVE SO. t,, •; RENTON,WA 98055 .. , i, rc:C, c _ fNSicL DECLARATION OF RESTRICTIVE COVENANTS L , WHEREAS, HENRY J. BALXO and ADA A. BALXO are owners of the following real property in the City of Renton, County of King, State I of Washington, described as Exhibit 'A' attached hereto. WHEREAS, the owner(s) of said described property desire to impose the following restrictive covenants running with the land as to use, Cpresent and future, of the above described real property. C NOW, THEREFORE, the aforesaid owner(s) hereby establish, grant ` 0 and impose restrictions and covenants running with the land hereinabove described with respect to the use by the undersigned, h g their successors, heirs, and assigns as follows: • O aj RESTRICTIVE COVENANTS 1. Only the residential site plan concurrently approved by the Hearing Examiner's Decision dated May 15, 1990 shall be developed. • • 2. There shall be no more than one hundred eleven (111) dwelling • units placed on the subject site. _ • DURATION These covenants shall run with the land and expire on December 31, 2025. If at any time improvements are installed pursuant to these . covenants, the portion of the covenants pertaining to the specific installed improvements as required by the Ordinances of the City of • Renton shall terminate without necessity of further documentation. w .. .it ti: t.{� v. �{ V/ iCi':�:,►f�QYF�i�#F3i•.'�!�i.i7� ;.-r `•�^� Inn�4�.•1C "'��wJ�lip �.'�fv'�K� .. i • Any violation or breach of these restrictive covenants say be enforced by proper legal procedures in the Superior Court of King County by l'ill ' either the City of Renton or any property owners adjoining subject property who are adversely affected by said breach. NRY J. [O • (2L fi /3�c,6 :�,. ADA A. BALM STATE OF WASHINGTON ea. • County of KING On this I`i day of —4--.J%--./ 1990, before se personally appeared the persons) who executed the within and 23 foregoing instrusent, and acknowledged said instrusent to be the free -y © and voluntary act and deed of said person(s) for the uses and purposes 4 therein mentioned. O Lil IN WITNESS WHEREOF, I have hereunto set sy hand and affixed sy [` official seal the day and year first above written. c Notary Public in and for the State of Washington, residing . • cfi at K CN;' . ` � f: • 1 L;. t,414ij: 6-'St f r. . "; 4. w 1:. :• ,i n • -- ..�-• ... .-_ .. - - .. �. _ N µ. -_4..r......•4 .-. •' ...'•. i.�. . • .• T. CITY OF RENTON, WASHINGTON ORDINANCE NO. 4278 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON FROM G-1 (GENERAL USE) TO R-3 (MEDIUM DENSITY MULTI-FAMILY) AND B-1 (BUSINESS USE) (JAMES E. BAKKE, INC. P.S. : FILE NO. R-107-88) . WHEREAS, under Chapter 31 , Zoning Code, of Title IV (Building Regulations ) of Ordinance No. 4260 known as the "Code of General Ordinances of the City of Renton, " as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has heretofore been zoned as G-1 (General Use) ; and WHEREAS, a proper petition for change of zone classification of said property has been filed with the Planning Division on or about October 14, 1988, which petition was duly referred to the hearing examiner for investigation, study, and public hearing, and a public hearing having been held thereon on or about April 26, 1990, and said matter having been duly considered by the hearing examiner, and said zoning request being in conformity with the city' s comprehensive plan, as amended, and the city council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I . The following described property in the City of Renton is hereby rezoned as follows : Lots Nos . 1 , 2 , and 3 to B-1 (Business Use) and Lot No . 4 to R-3 (Medium Density Multi-Family) , as hereinbelow specified, subject to the findings, conclusions, and 1 ORDINANCE NO. 4278 decision of the hearing examiner dated May 15, 1990 , and subject further to restrictive covenants filed under King County Auditor ' s File No. 9007250508 , and which said covenants are hereby incorporated and made a part hereof as if fully set forth, and the Planning Manager is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence said rezoning, to-wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein ( Said property, approximately 9 . 19 acres , being located on the south side of N.E . 4th Street and approximately 300 feet east of Union Avenue N.E . ) SECTION II . This Ordinance shall be effective upon its passage, approval, and five days after its publication. PASSED BY THE CITY COUNCIL this 2nd day of July 1990 . 71) ) � Marilyn . tersen, City Clerk APPROVED BY THE MAYOR this 2nd day of July 1990 . ( .. Earl Clymer, Mor Approv s to form: r�� Lawrence J. Wa n, City Attorney Date of Publication: July 28, 1990 ORD. :49 : 6/13/90 :as . 2 ORDINANCE NO. 4278 vi .i J SHORT PLAT DESCRIPTIONS OVERALL PARCEL: The East half of the Northwest quarter of the Northwest quarter of the Northwest quarter AND the West half of the Northeast quarter of the Northwest quarter of the Northwest quarter ALL in Section 15, Township 23 North, Range 5 of Willamette Meridian in King County, Washington; EXCEPT the North 42 feet thereof for Southeast 128th Street; (Also known as Tract 2 and a portion of Tract 3 of Martin' s Acre Tracts , unrecorded) ; ALL SITUATE in the city of Renton, King County, Washington. LOT 1 (PROPOSED) : That portion of the Northwest quarter of the Northwest quarter of Section 15 , Township 23 North, Range 5 East of the Willamette Meridian in King County, Washington, described as follows: COMMENCING at the Northwest corner of the East half of the Northwest quarter of the Northwest quarter of the Northwest quarter of said Section 15; THENCE South 00° 54' 24" West, along the West line of said East half, 42.00 feet to the Southerly margin of Southeast 128th Street and the TRUE POINT OF BEGINNING for this description; THENCE CONTINUING South 00° 54' 24" West, along the West line of said East half, 222.54 feet to the South line of the North 264.5 feet of the Northwest quarter of said Section 15; THENCE South 88° 02' 57" East, along said line, 176.28 feet; THENCE North 01° 57' 03" East, 222 . 50 feet to the Southerly margin of Southeast 128th Street; THENCE North 88° 02' 57" West, along said Southerly margin, 180. 33 feet to the TRUE POINT OF BEGINNING and terminus of this description; (Also known as a portion of Tract 2 of Martin' s Acre Tracts, unrecorded) ; ALL SITUATE in the city of Renton, King County, Washington. LOT 2 (PROPOSED: That portion of the Northwest quarter of the Northwest quarter of Section 15, Township 23 North, Range 5 East of the Willamette Meridian in King County, Washington described as follows: COMMENCING at the Northwest corner of the East half of the Northwest quarter of the Northwest quarter of the Northwest quarter of said Section 15; THENCE South 00° 54' 24" West, along the West line of said East half, 264.54 feet to the Southerly line of the North 264.5 feet of the Northwest quarter of said Section 15; THENCE South 88° 02' 57" East, along said line, 176. 28 feet to the TRUE POINT OF BEGINNING for this description; THENCE CONTINUING South 88° 02' 57" East, 63.81 feet; THENCE North 39° 51' 17" East, 69. 73 feet; THENCE South 88° 02' 57" East, 8.00 feet; THENCE North 01° 57' 03" East, 167.48 feet to the Southerly margin of Southeast 128th Street; THENCE North 88° 02' 57" West, along said Southerly margin, 114. 65 feet to a point which bears North 01° 57' 03" East, from the TRUE POINT OF BEGINNING; THENCE South 01° 57' 03" West, 222.50 feet, to the TRUE POINT OF BEGINNING and terminus of this description; (Also known as a portion of Tract 2 of Martin' s Acre Tracts , unrecorded) ; ALL SITUATE in the city of Renton, King County, Washington. 2768.05 ORDINANCE NO. 4278 LOT 3 (PROPOSED) : That portion of the Northwest quarter of the Northwest quarter of Section 15 , Township 23 North, Range 5 East of the Willamette Meridian in King County, Washington, described as follows: COMMENCING at the Northwest corner of the East half of the Northwest quarter of the Northwest quarter of the Northwest quarter of said Section 15; THENCE South 00° 54' 24" West, along the West line of said East half, 264. 54 feet to the Southerly margin of the North 264.50 feet of the Northwest quarter of said Section 15; THENCE South 88° 02' 57" East, along said line, 240.09 feet; THENCE North 39° 51' 17" East, 69.73 feet; THENCE South 88° 02' 57" East, 8.00 feet to the TRUE POINT OF BEGINNING for this description; THENCE CONTINUING South 88° 02' 57" East, 182.37 feet; THENCE North 46° 57" 03" East, 28.27 feet; THENCE South 88° 02' 57" East, 92.13 feet to the Westerly line of the East 60 feet of the West half of the Northeast quarter of the Northwest quarter of the Northwest quarter of said Section 15; THENCE North 00° 47' 57" East, along said line, 147.52 feet of the Southerly margin of Southeast 128th Street; THENCE North 88° 02' 57" West, along said Southerly margin, 291. 52 feet to a point which bears North 01° 57' 03" East from the TRUE POINT OF BEGINNING; THENCE South 01° 57' 03" West, 167.48 feet to the TRUE POINT OF BEGINNING and terminus of this description; (Also known as a portion of Tracts 2 and 3 of Martin' s Acre Tract, unrecorded) ; ALL SITUATE in the city of Renton, King County, Washington. LOT 4 (PROPOSED) : That portion of the Northwest quarter of the Northwest quarter of Section 15 , Township 23 North, Range 5 East of the Willamette Meridian in King County, described as follows: COMMENCING at the Northwest corner of the East half of the Northwest quarter of the Northwest quarter of the Northwest quarter of said Section 15; THENCE South 00° 54' 24" West, along the West line of said East half, 264.54 feet to the South line of the North 264.5 feet of the Northwest quarter of said Section 15 and the TRUE POINT OF BEGINNING for this description; THENCE South 88° 02' 57" East, 240.09 feet; THENCE North 39° 51' 17" East, 69.73 feet; THENCE South 88° 02' 57" East, 190.37 feet; THENCE North 46° 57' 03" East, 28.27 feet; THENCE South 88° 02' 57" East, 92.13 feet to the West line of the East 60 feet of the West half of the Northeast quarter of the Northwest quarter of the Northwest quarter of said Section 15; THENCE North 00° 47' 57" East, along said line, 147 .52 feet to the Southerly margin of Southeast 128th Street; THENCE South 88° 02' 57" East, along said Southerly margin, 60.01 feet to the East line of the West half of the Northeast quarter of the Northwest quarter of the Northwest quarter of said Section 15; THENCE South 00° 47' 57" West, along said line, 618.64 feet to the Southeast corner of said West half; THENCE North 88° 09' 34" West, along the East-West centerline of the Northwest quarter of the Northwest quarter of said Section 15, 647.65 feet to the Southwest corner of the East half of the Northwest quarter of the Northwest of the Northwest quarter of said Section 15; THENCE North 00° 54' 24" East, along the West line of said East half, 397 .33 feet to the TRUE POINT OF BEGINNING and terminus of this description; (Also known as a portion of Tracts 2 and 3 of Martin' s Acre Tracts , unrecorded) ; ALL SITUATE in the city of Renton, King County, Washington. PROJECT: BAKKE/10-ACRE REZONE May 18 , 1990 2768 .05 4 ` ORDINANCE NO. 4278 -1I f FA J 1''T J i I R-1 I R-717-. — r' _ , R-2 , 1 R-1 _. - 11J . . I-• J I ,R4 j T I '- B-1 i W J L L �h G A P'-,...1 ST f�� S — , I --1 Silr" . dfir • 0-p i - -• L_.,viDOD - 1 I-9-1 ' '‘" A 1 _ L. - x :J_. ! _ _ _-- _ _ ___. ..- - I , - - .G_I r; f I . T ;R'21" FPut — o53--56 1 [R-, ; R- 1 , G-1 ---,••:ircei-L. . Ar / rc —T James Bakke NE FOURTH STREET DEVELOPMENT R;ShPl ; SA-107-88 APPL I CANT James Bakke TOTAL AREA 9.19 acres PRINCIPAL ACCESS NE Fourth Street EXIST 1 NG ZONING G-1 , General Use EXISTING USE Vacant/Single-Family Residences PROPOSED USE Commercial & Multi-Family COMPREHENSIVE LAND USE PLAN COMMENTS South side of NE 4th Street approximately 300 feet east of Union Avenue NE 5 P "r• 15 7 : .T�. ii 0 .,iLZ di r c. -/_.. y y -,�p • . • sr. , ..A:S i •1 c : - --. .-i s. t' ,er�jl;.' '• :4-0 IN ' , .,I ac ,- a »x, .. s; 1' -0ia • kt •iin, . :1..•L•.o _ .1`^ Le,A., e4at-kkett i..L a' a:w y.. 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A • .323.83 REi4Tor•L, RD, 39440 f t'irc).1 p� 3570 3/7 .07 /0 CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: May 28, 1999 TO: Kathy Keolker-Wheeler, Planning and Development Committee Chair, Members of the Renton City Council VIA: Jesse Tanner, Mayor FROM: Gregg Zimmerman,Administrator STAFF CONTACT: Jennifer Toth Henning SUBJECT: Removal of Restrictive Covenants—Ribera Property (4301 NE 4th Street) ISSUE: Restrictive covenants were required by the City Council as a condition of approval of a rezone for the property located on the south side of NE 4th Street, east of Union Avenue NE. The property was rezoned from G-1 (General)to B-1 (Business)and R-3 (Medium Density Multi-Family Residential)in 1990 (Land Use File No. R-107-88) subject to the applicant's filing of recorded restrictive covenants implementing Hearing Examiner recommendations for: The execution of restrictive covenants requiring the development of the residential site plan concurrently approved this date, and further, subject to the development of not more than 111 dwelling units on the subject site. The applicant has requested the removal of the covenants because they are an unnecessary burden on the property that no longer fulfills their intent as requirements. City Policy and Procedures No. 400-13 establishes a formal process to allow the City to review an applicant's request to remove restrictive covenants. The process requires the approval of the original decision making body for the removal of a covenant. RECOMMENDATION: Staff recommends that Council approve the request to remove the restrictive covenants. BACKGROUND SUMMARY: In 1998, a land use proposal was filed with the City for a rezone, short plat, and site plan approval of an approximate 9.2 acre parcel. The 2.6 acres fronting on NE 4th Street was proposed for B-1 Zoning and the remaining approximate 6.6 acres was proposed for R-3 (Medium Density Multi- Family Residential)Zoning. A short plat and site plan development application was filed concurrent with the rezone. The site plan included a commercial development of 21,400 s.f. along NE 4th Street, and a multi-family residential development with 12 buildings and 123 apartment units behind the commercial development. As a condition of approval of the rezone,the applicant was required to record restrictive covenants that required construction of the residential site plan as approved by the Hearing Examiner in May of 1990, and further, limited the maximum number of residential dwelling units on the site to 111. Staff has reviewed the record, and it appears that the covenants were required in order to limit the maximum number of dwelling units on the site,to provide for compatibility with adjacent development patterns and zoning. The rezone was adopted via Ordinance 4278, and the required covenants were executed,however, the site plan was never implemented, nor was the short plat recorded. The site plan has since lapsed. In 1993, during the City-wide zoning changes,the site was rezoned to Center-Suburban (CS). The CS Zone permits mixed use commercial centers located outside downtown Renton. Both commercial and multi-family developments are permitted, subject to development standards, and applicable land use permits. The owners have made appli 'on to the City to adjust lot lines on the property, and negotiations are underway to develop a Un.1.zd States Post Office sub-station on a portion of the property. The policy and procedure for removal of restrictive covenants requires the applicant to demonstrate that there has been a change in circumstances so as to make the covenant undesirable from the City's standpoint, or that the covenants are duly burdensome on the property. Circumstances, specifically,the zoning designations, have changed on the subject site and surrounding parcels, and the restrictive covenants are no longer needed. The appropriate development of the site, as permitted under development standards of the CS Zone, and the conditions assigned via land use permits such as Site Plan Review, will address impacts of the specific development. CONCLUSION: The removal of the restrictive covenants will allow the property to be developed consistent with the permitted uses and development standards of the CS Zone. The restrictive covenants required in 1990 are no longer relevant to the present conditions on the subject site or to future development that is envisioned for the site. In addition,the previously approved site plan was never implemented and has lapsed. Cc: Jay Covington City Clerk „ , CITY F RENTON to City Clerk Jesse Tanner,Mayor Marilyn J.Petersen November 3, 1999 -Lops? NT C�?YofREA Giv!„;G Diana Lee Ribera /11,r)i 0 Ribera-Balka Enterprises Family LP c 3 1999 p P.O. Box 68562 ECeVE Seattle, WA 98168 RE: Release of Restrictive Covenant (SHP-99-012) Dear Ms. Ribera: Enclosed please find copy of Release of Restrictive Covenant dated 6/24/99 which bears King County recording number 19990713001360. If you need further information,please feel free to call. Sincerely, &4iJ /t)a/(v Bonnie I. Walton Records Specialist Cc: Lesley Nishihira,Planner Laureen Nicolay, Planner Enclosure • 1055 South Grady Way - Renton, Washington 98055 - (425)430-6510 / FAX(425)430-6516 ®This paper contains 50%recycled material,20%post consumer CITY F RENTON " City Clerk Jesse Tanner,Mayor Marilyn J. Petersen November 3, 1999 Tim C. O'Kane Northwest Retail Partners, LTD 600 University Street, Suite 3012 Seattle, WA 98101 RE: Release of Restrictive Covenant (SHP-99-012) Dear Mr. Kane: Enclosed please find copy of Release of Restrictive Covenant dated 6/24/99 which bears King County recording number 19990713001360. If you need further information,please feel free to call. Sincerely, &1t4ta 'J Bonnie I. Walton Records Specialist Cc: Lesley Nishihira, Planner Enclosure 1055 South Grady Way - Renton, Washington 98055 - (425)430-6510 /FAX(425)430-6516 ®This paper contains 50%recycled material,20%post consumer Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton WA 98055 RELEASE OF RESTRICTIVE COVENANTS Property Tax Parcel Number: 518210-0020 518210-0030 518210-0031 Project File#: R-107-88 Street Intersection: South side of NE 4th St.approx. 300 ft east of Union Ave NE. Grantor(s): Grantee(s): 1. City of Renton 1. Henry and Ada Balko LEGAL DESCRIPTION: The East half of the Northwest quarter of the Northwest quarter of the Northwest quarter AND the West half of the Northeast quarter of the Northwest quarter of the Northwest quarter ALL in Section 15,Township 23 North,Range 5 of Willamette Meridian in King County,Washington; Except the North 42 feet thereof for Southeast 128th Street; (Also known as Tract 2 and a portion of Tract 3 of Martin's Acre Tracts,unrecorded); ALL SITUATE in the City of Renton,King County,Washington. Whereas the Grantee,as named above,is the holder of a restrictive covenant acquired from the above named Grantor dated July 19, 1990 and recorded under Recording Number 9007250508 of King County,State of Washington;and WHEREAS,the City of Renton,Washington did require certain restrictive covenants as a condition of approval for the rezoning of the subject property in 1988;and, WHEREAS,said restrictive covenants applied to the then current zoning;and, WHEREAS,the approved development of the site was never implemented;and WHEREAS,the approved short plat of the property was never recorded;and WHEREAS,the zoning of this site has subsequently changed;and, WHEREAS,the City Council authorized the removal of the restrictive covenants on June 21, 1999; NOW,THEREFORE,the City of Renton does hereby authorize the release of the restrictive covenants described above on the land uu described above. ,ovarnlC:� IN WITI S6 #,said City has caused this instrument to be executed this day of ZUA/C 19 /1. 2*e City of Renton x SEAL *I sse Tanner,Mayor 3 oil 04:45 fir Marilyn Pet on ty Clerk 19990713001360 PAGE 001 OF 002 07/13/1999 11:15 KING COUNTY, WA CITY CLERKS OF R 9.00 • STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that JeSSe.To,nne r and (flan t y h pe k r signed this instrument and acknowledged that he/she/they was/were authorized to execute the instrument and acknowledged it as the 7h a 4&A. and CAiti IL of (;,t+, p- '(gin bra to be the free and voluntary of such party/parties for Cie uses and purposes mentioned in the s • instrument. r� _ t 11_GL�.1ti • Notary Public in and for the State of Washington Notary(Print) M 1 C.14l e k �.u n ct-vt VI My appointment expires: 9 l 2-O 01 Dated: J --I I`l 9 19990713001360 PAGE 002 OF 002 2 07/13/1999 11:15 KING COUNTY, WA CITY CLERKS OF R 9.00 CITY i _ F RENTON irk Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator July 29, 1999 Subject: Ribera-Balko Short Plat File No. LUA-99-012, SHPL-A Dear Interested Parties: The above referenced land use application has been withdrawn at the applicant's request effective July 26, 1999. If you would like additional information, please contact me at (425) 430-7270. Sincerely, i 5b Lesley Nishihira Project Manager C: Yellow File Parties of Record: Janet Hatch 4405 NE 4th Street Renton, WA 98059 Mary Merbach 13732 SE 141st Street Renton, WA 98059 Douglas Noeldner 3937 Ashworth Avenue Seattle, WA 98103 1055 South Grady Way- Renton, Washington 98055 ®This paper contains 50%recycled material,20%post consumer cz�• CITY vF RENTON ..i, Planning/Building/Public Works De artment tiP Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator July 27, 1999 Tim C. O'Kane Northwest Retail Partners, LTD 600 University Street, Suite#3012 Seattle, WA 98101 SUBJECT: Ribera-Balko Short Plat Project No. LUA-99-012,SHPL-A Dear Mr. O'Kane: Thank you for your written response confirming the withdrawal of the above referenced short plat application. Unfortunately, we are unable to issue a refund for any portion of the land use application fees collected. Pursuant to RMC section 4-1-180C (attached), the refund of any fees after the ' application has been circulated for review is not authorized. In this case, the project was routed for review February 25, 1999 and comments from reviewing departments were received by March 2, 1999. Subsequently, the project was placed "on hold"twice—initially on March 19, 1999 and again on April 23, 1999. During the initiation and completion of the process removing the restrictive covenants encumbering the property,the project remained "on hold" until yesterday's request for withdrawal. Although the short plat was not completed, a number of staff hours were expended for the removal of the restrictive covenants related to the proposal. If you have further questions regarding this project, please call me at(425)430-7270. Sincerely, ZellAA) 4 i• -152._ Lesley Nishihira Project Manager cc: Diana Ribera, Property Owner Yellow file 1055 South Grady Way-Renton,Washington 98055 __.___, �e,___•----._-- Y-I-I UV" A. APPLICATION TYPE: FEE AMOUNT: 4-1-180 UTILITY FEES: Temporary Permit $100.00 A. LATECOMER'S FEES: Temporary Permit Sign Deposit (refundable) $25.00 1. Authorized:The City may hold and Variance-Administrative $100.00 charge private latecomer charges. These Variance- Board of Adjust- fees are payable at the time of application. ment or Hearing Examiner $500.00 The imposition,collection,payment and other Waiver $100.00 specifics concerning this charge are detailed in chapter 9-5 RMC, Latecomer's Agree- (Ord. 4648, 1-6-1997) ments. B. JOINT LAND USE APPLICATIONS: Procedure Fee Amount For joint land use applications,applicant shall pay Processing fee $500 if amount covered by full for the most expensive(major)application and (Nonrefundable) latecomer's is $20,000 or less one-half for related applications. (Ord. 4491, 12-19-1994, Amd. Ord. 4560, 11-13-1995,Ord. $1,000 if amount covered by 4613, 6-17-1996) latecomer's is between $20,000 and $100,000 -� C. REFUND OF LAND USE $2,000 if amount covered by APPLICATION FEES: g is s latecomer' reater than The filing fees as set forth in the fee schedule for $100,000 the City are established to defray the cost of post Latecomer's 15%of total amount to be ing and processing and the proceedings in con Agreement- collected. Fee to be collected nection with a land use application.The Building Administration, by deduction from each and Zoning Director may authorize the refunding processing and individual latecomer fee of not more than eighty percent(80%) of the total collection fee payment and the balance application fees paid provided the applicant pre- forwarded to the holder of the sents a written request to withdraw or cancel prior latecomer's agreement to the routing of the application for staff review. pursuant to RMC 9-5-9,Tender (Ord. 3933, 8-26-1985) Eighty percent (80%) of of Fee. the applicable fee will be refundable if the applica- tion is withdrawn prior to circulation by the Plan- Recording fees As expended by the City ping Staff. After circulation (and review has Segregation pro- $750 b gun)_no refund of base fees will be authorized. cessing fee, if (Ord. 4491, 12-19-1994; Amd. Ord. 4560, applicable 11-13-1995; Ord. 4613, 6-17-1996) (Ord. 4443, 3-28-1994) 2. SEGREGATION AND RELIEF OF LATECOMER'S FEES: a. Segregation of Fees:The City shall grant a segregation of private developer held latecomer's fees if the property front- ing the improvements legally subdivides by plat, short plat, binding site plan, etc. The burden of establishing the segrega- tion by legal description, number of units and map would be on the party owing the fee and not the City.The subdivider or pe- titioner of the segregation is required to pay a seven hundred fifty dollar($750.00) processing fee for staff work. 1 - 19 1A0ha& RE T AILL DEVELOPMENT PLANNING CITY OF RENTON NORTHWEST JUL ', 1999 RETAIL PARTNERS. LTD. RECEIVED July 26, 1999 Jennifer Toth Henning Senior Planner City of Renton Renton City Hall, 6th Floor 1055 South Grady Way Renton, WA. 98055 RE: LUA-99-012, SHPL-A/Ribera Short Plat Application Dear Jennifer: Please accept this letter as formal request on behalf of Diana Ribera, Owner, and General Partner of Ribera-Balko Enterprises Family Limited Partnership to withdraw the short plat application as referenced above. Based upon this request for withdrawal,the applicant will request a refund of any applicable portion of the original application fee of$1,508.91 as evidenced by receipt #R9900483, check#9418 received by the City of Renton on 2/5/99. • rely, Tien 'Kane Cc: Diana Ribera Gary Faull Lesley Nishihira 600 University Street, Suite 3012 / Seattle, WA 98101 1 Phone 206-343-9204 / Fax 206-343-9205 / ENaail.• MainNWRP@AOL.COM APPROVED BY CITY COUNCIL Date 6'67-1''7 PLANNING & DEVELOPMENT COMMITTEE COMMITTEE REPORT JUNE 21, 1999 Removal of Restrictive Covenants for Ribera Property Covenants Required for Approval of NE 46 Street Rezone (R-107-88) (Referred June 7, 1999) The Planning and Development Committee recommends concurrence with staff recommendation to authorize the removal of restrictive covenants that were required as a condition of the rezone of the subject property to B-1 (Business Use) and R-3 (Medium Density Multi-Family Residential) in 1990. The covenants require: 1. Only the residential site plan concurrently approved by the Hearing Examiner's Decision dated May 15, 1990 shall be developed 2. There shall be no more than one hundred eleven (111) dwelling units placed on the subject site. The development of the site, as approved under the site plan included with the rezone application, was never implemented and the approved short plat of the property was never recorded. The covenants no longer fulfill their intent as requirements for the approved development and unduly encumber the subject property. Therefore, the Committee recommends allowing the applicants to proceed with removing the restrictive covenants from the land title. The Committee recommends that the City Council authorize the Administration to prepare documents for removal of the restrictive covenants. u M11 - tak.,,,,,„ athy KJlker-Wheeler, Chair '- 1 —---:)(71 .-:11-) 1Z.._. Bob Edwards, Vice Chair n 'b'`4 ��2 2.--L.,) Dan Clawson, ember cc: Jennifer Henning Lesley Nishihira r RENTON CITY COUNCIL Regular Meeting June 21, 1999 Council Chambers Monday, 7:30 p.m. MINUTES Municipal Building CALL TO ORDER Mayor Jesse Tanner led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF KING PARKER, Council President; TIMOTHY SCHLITZER; RANDY COUNCILMEMBERS CORMAN;TONI NELSON;BOB EDWARDS;KATHY KEOLKER- WHEELER;DAN CLAWSON. CITY STAFF IN JESSE TANNER,Mayor; JAY COVINGTON, Chief Administrative Officer; ATTENDANCE ZANETTA FONTES,Assistant City Attorney; MARILYN PETERSEN, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; MIKE WEBBY,Human Resources &Risk Management Administrator; SANDRA MEYER, Transportation Systems Director; BETTY NOKES, Economic Development Director;MARK BARBER, Assistant City Attorney; LEE HARO, Transportation Planning Supervisor; STEVE CLARK,Program Development Coordinator; STEPHEN ROLLE, Civil Engineer;ABDOUL GAFOUR,Water Utility Supervisor; DEREK TODD,Finance Analyst; CHIEF GARRY ANDERSON, Police Department. PRESS Denis Law,Renton Reporter APPROVAL OF MOVED BY PARKER, SECONDED BY NELSON, COUNCIL APPROVE COUNCIL MINUTES THE MINUTES OF JUNE 14, 1999 AS PRESENTED. CARRIED. PROCLAMATION A proclamation by Mayor Tanner was read declaring October 2, 1999,to be Day of Concern for the Hungry "Day of Concern for the Hungry"in the City of Renton, and urging all citizens to —Oct. 2, 1999 join with the Emergency Feeding Program to feed those who are hungry. MOVED BY PARKER, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE PROCLAMATION AS READ. CARRIED. PUBLIC HEARING This being the date set and proper notices having been posted and published in Transportation: Six-Year TIP accordance with local and State laws, Mayor Tanner opened the public hearing Update for 2000-2005, &Mid- to consider the annual update of the Six-Year Transportation Improvement Year Budget Adjustments Program(TIP)for 2000-2005, and associated mid-year budget adjustments. Sandra Meyer, Transportation Systems Director, said the updated TIP contains two major projects foreseen for Renton: Strander Boulevard and the I-405/NE 44th St. interchange at Port Quendall,both of which are estimated to cost around $40 million. She noted that the Transportation Citizens Advisory Committee has expressed concern about the SR-167/I-405 interchange, and the need to find more comprehensive solutions for frequent backups occurring in that area. Steve Clark, CIP Coordinator,explained that according to State law,the TIP must be updated annually. Consequently,every year staff evaluates the plan and makes appropriate changes in accordance with Renton's Comprehensive Plan, the State Growth Management Act, and the City's vision and mission statements and business plan goals. The plan's major goals are to: develop a balanced multi-modal transportation system, maximize the use of transit, increase the carrying capacity of the arterial system, increase non-motorized travel, improve freight mobility, and protect the environment. Continuing, Mr. Clark noted that several projects contained in the 1995 plan June 2 , 1999 Renton City Council Minutes Page 226 have been accomplished, including Park Avenue,the relocation of Houser Way, the Lake Washington Boulevard and Monster Road bridges, Oakesdale Ave. SW (Phase 1), and, most recently, Logan Avenue South. Projects currently underway include Main Ave. S.,the downtown transit project, and Phase 2 of Oakesdale Ave. SW. Additionally, Renton's Sidewalk Program gives a good deal of attention to sidewalk construction and repairs throughout the City with a budget of$1.1 million this year alone. Mr. Clark reported that the 2000-2005 TIP contains 43 new projects and programs, including Duvall Ave. NE. The plan estimates that Renton will spend $132.2 over the next six years on transportation-related projects. These funds will be split between infrastructure projects, multi-modal projects, livability enhancements,projects related to economic development, and operation costs. Significant challenges and opportunities in the next six years include the downtown transit center,the extension of SW 27th St. to directly access SR-167, the I-405/NE 44th St. interchange, Oakesdale Ave. SW (Phase 2), and the SR- 169 high-occupancy vehicle (HOV) and queue jump improvements. The City will also work to develop intelligent transportation systems and construct a traffic control room at City Hall. Mr. Clark concluded that Renton has received grant funding for some projects but not others. Grants currently in-hand total $2,830,219 (most of which is for the Oakedale Ave. SW project--$1,310,600 and the SW 27th St. extension project— $744,619). He added that WSDOT has pledged funds for the NE 44th St. project as well as for the SR-169 HOV and queue jumps project. Responding to Councilman Edwards, Transportation Planning Supervisor Lee Haro said the May Creek Bridge referred to in the TIP is situated on Jones Avenue NE, east of I-405. The bridge spanning May Creek on Lake Washington Boulevard is called the "Lake Washington Boulevard bridge at May Creek." Council President Parker asked if the City has any plans to expand RUSH shuttle service to the Highlands. At the least, he suggested this be done for the upcoming Renton River Days festival. Councilman Schlitzer commented that many of Renton's transportation projects have regional significance and influence. He added that staff does a tremendous job of coordinating with other jurisdictions, and also of securing grant funds for projects and programs. Audience comment was invited. There being none, it was MOVED BY CORMAN, SECONDED BY PARKER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY CORMAN, SECONDED BY SCHLITZER, COUNCIL SUSPEND ITS RULES AND ADVANCE TO THE TRANSPORTATION COMMITTEE REPORT ON THIS SUBJECT. CARRIED. Transportation Committee Transportation Committee Chair Corman presented a report regarding the annual Transportation: Six-Year TIP update of the Six-Year Transportation Improvement Program(TIP). The Upda to for 2000-2005, &Mid- Committee has reviewed the proposed 2000-2005 Six-Year TIP update, along Year Budget Adjustments with the associated mid-year budget adjustments, and recommended concurrence in the staff recommendation. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 230 for related legislation.) June 2a, 1999 Renton City Council Minutes Page 227 ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 1999 and beyond. Items noted included: * The Cedar River levees and floodwall construction is progressing on schedule. * Main Ave. S. from S. 3rd St.to Grady Way will be closed to traffic from noon on Sunday, June 27th to 3:00 p.m. on Monday, June 28th so the railroad crossing at South Third can be replaced. * Today was the first day of the 1999 Free Summer Lunch Program at the Royal Hills Apartments, 3000 SE Royal Hills Drive. Lunches will be served Monday through Friday through August 27th. * Renton's Fire Department will offer two one-day workshops this week, in conjunction with King County Fire District#40. The first is an apartment fire safety forum and the second addresses fire safety for businesses. * The public is invited to attend the open house and tour of the new city jail next Monday,June 28th, from 3:00 to 8:00 p.m. Responding to Council inquiry regarding the schedule of the Cedar River project, Planning/Building/Public Works Administrator Gregg Zimmerman said the work has been scheduled so the park and the walking trail can be opened as soon as possible,perhaps by mid-summer. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of a Councilmember, item 8.e. was removed for separate consideration. Plat:Whispering Pine Lane, Development Services Division recommended approval,with conditions, of the Final, NE 26th/Jones Ave(FP- Whispering Pine Lane final plat; 11 single family lots on 2.85 acres located in the 99-066) vicinity of NE 26th Pl. and Jones Ave.NE(FP-99-066). Council concur. (See page 231 for resolution.) Legal: Bicycle Helmet Legal Department recommended approval of an ordinance requiring the use of Ordinance approved bicycle helmets in the City of Renton. Refer to Public Safety Committee. Municipal Court: Judge Pro Municipal Court Division recommended increasing the pay rate for Pro Tern Tern Compensation Judges from$30 per hour to$45 per hour to maintain compensation competitiveness. Refer to Finance Committee. CAG: 98-134, Benson Rd S Transportation Systems Division submitted CAG-98-134, Benson Road South Walkway, RJC Inc walkway project; and recommended approval of the project, authorization for final pay estimate in the amount of$1,741.01, commencement of 60-day lien period, and release of retained amount of$4,032.97 to RJC Inc., contractor, if all required releases are obtained. Council concur. MOVED BY PARKER, SECONDED BY SCHLITZER, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 8.e. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Wastewater Utility Division requested approval of a contract in the amount of Item 8_e. $77,780 with RH2 Engineering for design of the Talbot Crest and Denny's Lift Public Works: Talbot Crest& Stations replacement project. June 21, 1999 Renton City Council Minutes Page 228 Denny's Lift Stations Design, (See next page for action on this item.) RH2 Engineering MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL SUSPEND ITS RULES AND ADVANCE TO THE UTILITIES COMMITTEE REPORT REGARDING REPRIORITIZATION OF WASTEWATER CAPITAL IMPROVEMENT PROJECTS. CARRIED. Utilities Committee Utilities Committee Chair Clawson presented a report recommending Public Works: CIP concurrence in staff's recommendation to reprioritize and reallocate Wastewater Reprioritizations & Capital Improvement Projects, as follows: Reallocations 1. Windsor Hills Sewer Replacement: Reduce the funds by$490,000 for a revised balance of$140,000; 2. Misty Cove/Baxter Lift Station Replacement: Reduce the funds by$230,00 for a revised balance of$15,000; 3. Ridgecrest Sewer Replacement: Reduce the funds by$100,000 for a revised balance of zero— TOTAL REDUCTIONS: $820,000;and 4. Talbot Crest and Denny's Lift Station Replacements: Add funds of$655,000 for a revised balance of$700,000; 5. Oversizing request on the East Renton Interceptor extension: Add funds of $90,000 for a revised balance of$90,000;and 6. East Kennydale Interceptor: Add funds of$75,000 for a revised balance of $1,525,000— TOTAL ADDITIONS: $820,000. MOVED BY CLAWSON, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. MOVED BY CLAWSON, SECONDED BY SCHLITZER, COUNCIL APPROVE THE PROPOSED CONTRACT WITH RH2 ENGINEERING FOR DESIGN OF THE TALBOT CREST AND DENNY'S LIFT STATIONS. CARRIED. OLD BUSINESS Council President Parker presented a report designating the President of the Committee of the Whole Renton City Council(and or his or her designee)and the City's Chief Human Services: Renton Administrative Officer as board members of the Renton Community Foundation. Community Foundation MOVED BY PARKER, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMM1T1'EE REPORT AS AMENDED ABOVE. CARRIED. Councilman Edwards noted that the correction will reflect Council's intention to appoint two, rather than three, people to the Foundation. Finance Committee Finance Committee Chair Edwards presented a report recommending that Legal:Williams Property Council authorize the Administration to proceed with condemnation of the Condemnation on S 2nd St property located at the southwest corner of S. 2nd St. and Burnett Ave. S., owned by Thomas H.Williams. The property will be developed for public parking to replace spaces that were removed on Burnett Ave. S. for the construction of the downtown transit center. MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning&Development Planning&Development Committee Chair Keolker-Wheeler presented a report Committee regarding the Adult Use ordinance. The Committee recommended that Council Legal: Adult Retail Use concur in the Administration's recommendation to include the area along I-405 June 2 , 1999 Renton City Council Minutes Page 229 OrdinI nces and SW 16th St. in the Employment Area—Valley(EAV) exemption area for purposes of adult use ordinances. The Committee further recommended that the issue relating to the proposed process to request an extension to the amortization period remain in committee pending comments from the public hearing as well as additional staff review. MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Ms. Keolker-Wheeler added that Council will hold a public hearing on this issue next week (June 28t). Zoning: Residential Multi- Planning &Development Committee Chair Keolker-Wheeler presented a report Family Urban Amendments regarding the proposed Residential Multi-Family Urban Zoning Code amendments. The Committee reviewed the proposed amendments on May 20th and June 17th, and a public hearing was held before the City Council on June 7th. The Committee recommended approval of the amendments to the Residential Multi-Family Urban zone as shown on the draft dated June 15, 1999, and further recommended that the City Attorney prepare an ordinance for first and second reading. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning: Off-Street Parking Planning &Development Committee Chair Keolker-Wheeler presented a report Regulations for Multi-Family regarding modifications to off-street parking. The Committee recommended that: Zones 1. The City increase the ratio of off-street parking required per dwelling unit in Section 4-4-080.F, Parking Lot Design Standards, from 1.75 spaces per unit to 2.0 spaces per unit in the City's RM-N, RM-C and RM-I multi-family zones by increasing the ratio of guest parking from 0.25 spaces per dwelling unit to 0.50 spaces per dwelling unit; 2. The City allow off-street resident parking to be tandem parking provided the ratio of 1.5 spaces per dwelling unit for off-street resident parking is increased to 2.0 spaces per dwelling unit for this type of parking, and a restrictive covenant or other device acceptable to the City is provided assigning such parking to the exclusive use of specific dwelling units; and 3. The City revise the nomenclature for single-family and multi-family dwelling units to be consistent with the definitions embodied in Ordinance 4773 and Section 4-11-040, Definitions D., i.e. "Detached,""Semi-attached,"and "Attached"Dwellings. MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Development Services: Ribera Planning & Development Committee Chair Keolker-Wheeler presented a report Removal of Restrictive regarding removal of restrictive covenants for the Ribera property on NE 4th Covenants Street. The Committee recommended concurrence with the staff recommendation to authorize the removal of restrictive covenants that were required as a condition of the rezone of the subject property to B-1 (Business Use)and R-3 (Medium Density Multi-Family Residential) in 1990. The covenants require: 1. Only the residential site plan concurrently approved by the Hearing Examiner's decision dated May 15, 1990, shall be developed; and 2. There shall be no more than one-hundred-eleven(111) dwelling units placed on the subject site. June 2 , 1999 Renton City Council Minutes Page 230 The development of the site, as approved under the site plan included with the rezone application, was never implemented and the approved short plat of the property was never recorded. The covenants no longer fulfill their intent as requirements for the approved development and unduly encumber the subject property. Therefore,the Committee recommended allowing the applicants to proceed with removing the restrictive covenants from the land title. The Committee recommended that Council authorize the Administration to prepare documents for removal of the restrictive covenants. MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utilities Committee Utilities Committee Chair Clawson presented a report recommending Public Works: 1999 Skyway concurrence in the Planning/Building/Public Works Department's Coorc inated Water System recommendation to approve and adopt the 1999 update of the Skyway Plan 1 Jpdate Coordinated Water System Plan. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Latec)mer: Gelvezon, SW 12th Utilities Committee Chair Clawson presented a report regarding the Gelvezon St, LA-99-002 latecomer request. On April 20, 1999, Elvis Gelvezon submitted an application for a latecomer agreement to recover a portion of the costs of extending a water main and appurtenant facilities in SW 12th Street. Staff has reviewed the application and found the request meets submittal requirements. The developer has paid the processing fee required. The Committee recommended concurrence in staffs recommendation that Council grant preliminary approval of the application for a latecomer agreement for a period of one year. The duration of the final agreement will be for a period of 15 (fifteen)years, and the most equitable method of spreading the costs over the benefiting properties is by square foot method. The Committee further recommended that Council authorize the preliminary assessment roll to be forwarded to the City Clerk, who will notify the affected property owners. If no protests are received, after construction of the facilities and approval of the final costs,the Council can authorize preparation of the final assessment roll and latecomer agreement. In the event of a protest for valid cause, a public hearing will be held to resolve any issues prior to proceeding with this matter. MOVED BY CLAWSON, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Public Works: Cascade Water Utilities Committee Chair Clawson presented a report regarding the Cascade Alliance (Renton Decline of Water Alliance. Following a presentation by the Cascade Water Alliance (CWA) Membership) to the Committee of the Whole,the Utilities Committee recommended that the City of Renton not apply for CWA membership at this time. The Committee further recommended that staff track the CWA formation process and re-evaluate membership options in the year 2000. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS June 21, 1999 Renton City Council Minutes Page 231 Resolution#3398 A resolution was read updating the City's Six-Year Transportation Improvement Transportation: Six-Year TIP Program for 2000-2005. MOVED BY CORMAN, SECONDED BY Update, 2000-2005 SCHLITZER, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution#3399 A resolution was read approving the Whispering Pine Lane final plat; 11 single Plat:Whispering Pine Lane, family lots on 2.85 acres located in the vicinity of NE 26th P1. and Jones Ave. Final,NE 26th/Jones Ave(FP- NE(FP-99-066). MOVED BY CORMAN, SECONDED BY NELSON, 99-066) COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 6/28/99 for second and final reading: Transportation: Six-Year TIP, An ordinance was read providing for 1999 Budget adjustments in the amount of Mid Year Budget Adjustments $11,950,201 for transportation improvement projects. MOVED BY CORMAN, SECONDED BY EDWARDS, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/28/99. CARRIED. EXECUTIVE SESSION MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL RECESS INTO EXECUTIVE SESSION FOR 50 MINUTES TO DISCUSS LMGATION. CARRIED. Time: 8:27 p.m. The meeting was reconvened at 9:16 p.m.; roll was called;all Councilmembers present. ADJOURNMENT MOVED BY NELSON, SECONDED BY EDWARDS, COUNCIL ADJOURN. CARRIED. Time: 9:17 p.m. MARILYN J. PETERSEN, CMC, City Clerk Recorder: Brenda Fritsvold June 21, 1999 CITr uF RENTON COUNCIL AGENDA BILL Al #: Submitting D;ta: Planning/Building/Public Works For Agenda of:June 7, 1999 Dept/Div/Boa d Development Services Staff Contact Jennifer Toth Henning Agenda Status Consent X Subject:: Ribera Property— Request to Remove Restrictive Covenants Public Hearing for Ribera Property at 4301 NE 4th Street Correspondence Ordinance Resolution Old Business Exhibits: New Business Exhibit 1: Letter from Applicant Study Sessions Exhibit 2: Ordinance 4278 Information Exhibit 3: Site Vicinity Map Exhibit 4: Issue Paper Recommended Action: Approvals: Refer to F lanning and Development Committee for June 17, 1999 Legal Dept X meeting. Finance Dept Other Fiscal Impact: Expendi ure Required N/A Transfer/Amendment N/A Amount Budgeted N/A Revenue Generated N/A Summary of Action: Applicant requests that the City Council remove Restrictive Covenants imposed on the subject site per Rezone 4-107- 88. The covenants require: 1. Only the residential site plan concurrently approved by the Hearing Examiner's Decision dated May 15, 1990 shall be developed. 2. There shall be no more than one hundred eleven (111) dwelling units placed on the subject site. Approved in 1990, the property was rezoned from General (G-1) to Business Use (B-1) and Medium Density Multi- Family (F2-3), subject to the applicant's filing of recorded restrictive covenants as noted above for that portion of the property zoned R-3. The applicant requests the removal of the covenants because they are an unnecessary burden on the property that no longer fulfills their intent as requirements of development. City Policy and Procedures No. 400-13 establishes a formal process to allow the City to review an applicant's request to remove a restrictive covenant and requires that approval of the original decision-making body for removal. STAFF RE:OMMENDATION: Staff rec)mmends that Council approve the request to remove the restrictive covenants. RBRAGD CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: May 28, 1999 TO: Kathy Keolker-Wheeler, Planning and Development Committee Chair, Members of the Renton City Council VIA: Jesse Tanner, Mayor FROM: Gregg Zimmerman,Administrator STAFF CONTACT: Jennifer Toth Henning SUBJECT: Removal of Restrictive Covenants—Ribera Property (4301 NE 4th Street) ISSUE: Restrictive covenants were required by the City Council as a condition of approval of a rezone for the property located on the south side of NE 4th Street, east of Union Avenue NE. The property was rezoned from G-1 (General)to B-1 (Business)and R-3 (Medium Density Multi-Family Residential) in 1990 (Land Use File No. R-107-88) subject to the applicant's filing of recorded restrictive covenants implementing Hearing Examiner recommendations for: The execution of restrictive covenants requiring the development of the residential site plan concurrently approved this date, and further, subject to the development of not more than 111 dwelling units on the subject site. The applicant has requested the removal of the covenants because they are an unnecessary burden on the property that no longer fulfills their intent as requirements. City Policy and Procedures No. 400-13 establishes a formal process to allow the City to review an applicant's request to remove restrictive covenants. The process requires the approval of the original decision making body for the removal of a covenant. RECOMMENDATION: Staff recommends that Council approve the request to remove the restrictive covenants. BACKGROUND SUMMARY: In 199a a land use proposal was filed with the City for a rezone, short plat, and site plan approval of an approximate 9.2 acre parcel. The 2.6 acres fronting on NE 4th Street was proposed for B-1 Zoning and the remaining approximate 6.6 acres was proposed for R-3 (Medium Density Multi- Family Residential)Zoning. A short plat and site plan development application was filed concurrent with the rezone. The site plan included a commercial development of 21,400 s.f. along NE 4th Street, and a multi-family residential development with 12 buildings and 123 apartment units behind the commercial development. As a condition of approval of the rezone,the applicant was required to record restrictive covenants that required construction of the residential site plan as approved by the Hearing Examiner in May of 1990, and further, limited the maximum number of residential dwelling units on the site to 111. Staff has reviewed the record, and it appears that the covenants were required in order to limit the maximum number of dwelling units on the site,to provide for compatibility with adjacent development patterns and zoning. The rezone was adopted via Ordinance 4278, and the required covenants were executed, however, the site plan was never implemented, nor was the short plat recorded. The site plan has since lapsed. In 1993, during the City-wide zoning changes,the site was rezoned to Center-Suburban (CS). The CS Zone permits mixed use commercial centers located outside downtown Renton. Both commercial and multi-family developments are permitted, subject to development standards, and applicable land use permits. The owners have made application to the City to adjust lot lines on the property, and negotiations are underway to develop a United States Post Office sub-station on a portion of the property. The policy and procedure for removal of restrictive covenants requires the applicant to demonstrate that there has been a change in circumstances so as to make the covenant undesirable from the City's standpoint, or that the covenants are duly burdensome on the property. Circumstances, specifically,the zoning designations, have changed on the subject site and surrounding parcels, and the restrictive covenants are no longer needed. The appropriate development of the site, as permitted under development standards of the CS Zone, and the conditions assigned via land use permits such as Site Plan Review, will address impacts of the specific development. CONCLUSION: The removal of the restrictive covenants will allow the property to be developed consistent with the permitted uses and development standards of the CS Zone. The restrictive covenants required in 1990 are no longer relevant to the present conditions on the subject site or to future development that is envisioned for the site. In addition,the previously approved site plan was never implemented and has lapsed. Cc: Jay Covington City Clerk / L _ - R E 1 A I L DEVELOPMENT PLANNING NORTHWEST CRY OF RENTON RETAIL M PARTNERS. LTD. MAR , 2 1999 RECEIVED March 10, 1999 Ms. Jennifer Toth Henning Senior Planner City of Renton Renton City Hall, 6th Floor 1055 South Grady Way Renton, WA 98055 RE: LAU99-012 Ribera Short Plat Removal of Restrictive Covenant Dear Jennifer: Please accept this letter as formal request on behalf of Diana Lee Ribera, as owner of the above referenced property to remove the recorded Declaration of Restrictive Covenant as recorded in 1990. (Copy Attached.) As you know, the comprehensive plan for this area was changed in 1993 to reflect the current CS (Center Suburban) zone designation. The property is now projected to be sold to commercial/retail service users, and the current market value of the property most likely prohibits the development of multifamily as was originally proposed by the property owners, and their consultant, James Bakke, Inc. in 1990. In addition, the property owner stands to undergo hardship due to the loss of property associated with wetland mitigation. All remaining "usuable" property located on Lot 1 of the subject short plat will need to be sold to a purchaser who can utilize the property for its "highest and best use", which is commercial/retail. 600 University Street, Suite 3012 / Seattle, WA 98101 / Phone 206-343-9204 / Fax 206-343-9205 / Email: MainNWRP@AOLCOM t. City of Renton March 10, 1999 Page 2 Jennifer, please review this letter of request with the appropriate departments within City Hall, and let me know what actions, or procedures the property owner must undertake to successfully remove the declaration of restrictive covenant from title. Si erely, 1 Tim ane cc: Diana Ribera Approved and Executed this day of March, 1999. BY: Diana Lee Ribera TITLE: President Ribera-Balko Enterprises . - . / '1 ! James Bakke, Inc. R-107-88 RE!.Etrt._ H:5 DST itED FOR RECORD AT REQUEST L.. r: . OFflCE Of THE CITY CLERK I!!L !> ;! ',�! 'flj RENTON MUNICIPAL BLOC. 200 MILL AVE SO. �, RENTON,WA 98055 F :F. F DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, HENRY J. BALKO and ADA A. BALKO are owners of the • following real property in the City of Renton, County of King, State I of Washington, described as Exhibit 'A' attached hereto. WHEREAS, the owner(s) of said described property desire to impose the following restrictive covenants running with the land as to use, Cpresent and future, of the above described real property. L7 NOW, THEREFORE, the aforesaid owner(s) hereby establish, grant • C and impose restrictions and covenants running with the land 1 L,,', hereinabove described with respect to the use by the undersigned, y g their successors, heirs, and assigns as follows: ' C . flRESTRICTIVE COVENANTS • 1. Only the residential site plan concurrently approved by the Hearing Examiner's Decision dated Kay 15, 1990 shall be developed. 2. There shall be no more than one hundred eleven (111) dwelling • units placed on the subject site. , • DURATION These covenants shall run with the land and expire on December 31, 2025. If at any time improvements are installed pursuant to these . covenants, the portion of the covenants pertaining to the specific installed improvements as required by the Ordinances of the City of Renton shall terminate without necessity of further documentation. • .._ . , ._ . it. (.. (• 1 A! tilj :1-,)`'- • . f ram..;; .„- , • Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of King County by Ir • either the City of Renton or any property owners adjoining subject property who are adversely affected by said breach. T /Z J Y J. [O v lL /9 �mac, • ter ADA A. PA L.1C0 ' W STATE OF WASHINGTON es. County of KING On this )`? - day of —Z--‘1*--J 1990, before me personally appeared the persons) who executed the within and CO foregoing instrument, and acknowledged said instrument to be the free O and voluntary act and deed of said person(s) for the uses and purposes t/) therein mentioned. O tV) IN WITNESS WHEREOF, I have hereunto set ay hand and affixed my official seal the day and year first above written. - Notary Public in and for the State of Washington, residing . A at K � En . _. . � . :—Rct.)29V-- . ili cum.... ,• lJ� •.1 c7C?•.Lff ! �� .. i ,R,I __ - .• � '�> to° ti'.-':74-1,. r 1. jl:V"{:. .i. J •• • • .'T•..�•' 1 • '' K •---• .- . .--1-.�.-_..__ -; .__••. ` �t ..T�• .. •.•. �'`-•-+'.a^. ...••+..a.:~a- '::: . - . .. • • • CITY OF RENTON, WASHINGTON ORDINANCE NO. 4278 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON FROM G-1' (GENERAL USE) TO R-3 (MEDIUM DENSITY MULTI-FAMILY) AND B-1'. (BUSINESS USE) (JAMES E. BAKKE, INC. P.S. : FILE NO. R-107-88) . WHEREAS, under Chapter 31, Zoning Code, of Title IV (Building Regulations) of Ordinance No. 4260 known as the "Code of General Ordinances of the City of Renton, " as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has heretofore been zoned as G-1 (General Use) ; and WHEREAS, a proper petition for change of zone classification of said property has been filed with the Planning Division on or about October 14, 1988, which petition was duly referred to the hearing examiner for investigation, study, and public hearing, and a public hearing having been held thereon on or about April 26, 1990, and said matter having been duly considered by the hearing examiner, and said zoning request being in conformity with the city' s comprehensive plan, as amended, and the city council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I . The following described property in the City of Renton is hereby rezoned as follows : Lots Nos . 1 , 2 , and 3 to B-1 (Business Use) and Lot No . 4 to R-3 (Medium Density Multi-Family) , as hereinbelow specified, subject to the findings, conclusions, and 1 • , ..RDINANCE NO. 4278 decision of the hearing examiner dated May 15 , 1990, and subject further to restrictive covenants filed under King County Auditor' s File No. 9007250508 , and which said covenants are hereby incorporated and made a part hereof as if fully set forth, and the Planning Manager is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence said rezoning, to-wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein ( Said property, approximately 9 . 19 acres, being located on the south side of N.E . 4th Street and approximately 300 feet east of Union Avenue N.E . ) SECTION II . This Ordinance shall be effective upon its passage, approval, and five days after its publication . PASSED BY THE CITY COUNCIL this 2nd day of July , 1990 . ),) ),(4,GerytAA/OXA2e,x/ Marilyn . etersen, City Clerk APPROVED BY THE MAYOR this 2nd day of July , 1990 . 61-1 ,' \ . -" , \ Earl lymer, Mayor - Approv s to form: JnW a male.. Lawrence J. WaL , City Attorney Date of Publication: July 28, 1990 ORD. 149 : 6/13/90 :as . 2 1RDINANCE NO. 4278 SHORT PLAT DESCRIPTIONS OVERALL PARCEL: t-; -� The East half of the Northwest quarter of the Northwest quarter of the Northwest quarter AND the West half of the Northeast quarter of the Northwest quarter of the Northwest quarter ALL in Section 15 , Township 23 North, Range 5 of Willamette Meridian in King County, Washington; EXCEPT the North 42 feet thereof for Southeast 128th Street; (Also known as Tract 2 and a portion of Tract 3 of Martin' s Acre Tracts , unrecorded) ; ALL SITUATE in the city of Renton, King County, Washington. LOT 1 (PROPOSED) : That portion of the Northwest quarter of the Northwest quarter of Section 15 , Township 23 North, Range 5 East of the Willamette Meridian in King County, Washington, described as follows: COMMENCING at the Northwest corner of the East half of the Northwest quarter of the Northwest quarter of the Northwest quarter of said Section 15; THENCE South 00° 54' 24" West, along the West line of said East half, 42.00 feet to the Southerly margin of Southeast 128th Street and the TRUE POINT OF BEGINNING for this description; THENCE CONTINUING South 00° 54' 24" West, along the West line of said East half, 222.54 feet to the South line of the North 264.5 feet of the Northwest quarter of said Section 15; THENCE South 88° 02' 57" East, along said line, 176. 28 feet; THENCE North 01° 57' 03" East, 222. 50 feet to the Southerly margin of Southeast 128th Street; THENCE North 88° 02' 57" West, along said Southerly margin, 180. 33 feet to the TRUE POINT OF BEGINNING and terminus of this description; (Also known as a portion of Tract 2 of Martin' s Acre Tracts, unrecorded) ; ALL SITUATE in the city of Renton, King County, Washington. LOT 2 (PROPOSED: That portion of the Northwest quarter of the Northwest quarter of Section 15, Township 23 North, Range 5 East of the Willamette Meridian in King County, Washington described as follows: COMMENCING at the Northwest corner of the East half of the Northwest quarter of the Northwest quarter of the Northwest quarter of said Section 15; THENCE South 00° 54' 24" West, along the West line of said East half, 264.54 feet to the Southerly line of the North 264.5 feet of the Northwest quarter of said Section 15; THENCE South 88° 02' 57" East, along said line, 176.28 feet to the TRUE POINT OF BEGINNING for this description; THENCE CONTINUING South 88° 02' 57" East, 63.81 feet; THENCE North 39° 51' 17" East, 69. 73 feet; THENCE South 88° 02' 57" East, 8.00 feet; THENCE North 01° 57' 03" East, 167.48 feet to the Southerly margin of Southeast 128th Street; THENCE North 88° 02' 57" West, along said Southerly margin, 114.65 feet to a point which bears North 01° 57' 03" East, from the TRUE POINT OF BEGINNING; THENCE South 01° 57' 03" West, 222.50 feet, to the TRUE POINT OF BEGINNING and terminus of this description; (Also known as a portion of Tract 2 of Martin' s Acre Tracts , unrecorded) ; ALL SITUATE in the city of Renton, King County, Washington. 2768 .05 ORDINANCE NO. 4278 LOT 3 (PROPOSED) : That portion of the Northwest quarter of the Northwest quarter of Section 15, Township 23 North, Range 5 East of the Willamette Meridian in King County, Washington, described as follows: COMMENCING at the Northwest corner of the East half of the Northwest quarter of the Northwest quarter of the Northwest quarter of said Section 15; THENCE South 00° 54' 24" West, along the West line of said East half, 264.54 feet to the Southerly margin of the North 264.50 feet of the Northwest quarter of said Section 15; THENCE South 88° 02' 57" East, along said line, 240.09 feet; THENCE North 39° 51' 17" East, 69.73 feet; THENCE South 88° 02' 57" East, 8.00 feet to the TRUE POINT OF BEGINNING for this description; THENCE CONTINUING South 88° 02' 57" East, 182.37 feet; THENCE North 46° 57" 03" East, 28.27 feet; THENCE South 88° 02' 57" East, 92. 13 feet to the Westerly line of the East 60 feet of the West half of the Northeast quarter of the Northwest quarter of the Northwest quarter of said Section 15; THENCE North 00° 47' 57" East, along said line, 147 .52 feet of the Southerly margin of Southeast 128th Street; THENCE North 88° 02' 57" West, along said Southerly margin, 291.52 feet to a point which bears North 01° 57' 03" East from the TRUE POINT OF BEGINNING; THENCE South 01° 57' 03" West, 167.48 feet to the TRUE POINT OF BEGINNING and terminus of this description; (Also known as a portion of Tracts 2 and 3 of Martin' s Acre Tract, unrecorded) ; ALL SITUATE in the city of Renton, King County, Washington. LOT 4 (PROPOSED) : That portion of the Northwest quarter of the Northwest quarter of Section 15 , Township 23 North, Range 5 East of the Willamette Meridian in King County, described as follows: COMMENCING at the Northwest corner of the East half of the Northwest quarter of the Northwest quarter of the Northwest quarter of said Section 15; THENCE South 00° 54' 24" West, along the West line of said East half, 264.54 feet to the South line of the North 264.5 feet of the Northwest quarter of said Section 15 and the TRUE POINT OF BEGINNING for this description; THENCE South 88° 02' 57" East, 240.09 feet; THENCE North 39° 51' 17" East, 69.73 feet; THENCE South 88° 02' 57" East, 190.37 feet; THENCE North 46° 57' 03" East, 28.27 feet; THENCE South 88° 02' 57" East, 92.13 feet to the West line of the East 60 feet of the West half of the Northeast quarter of the Northwest quarter of the Northwest quarter of said Section 15; THENCE North 00° 47' 57" East, along said line, 147.52 feet to the Southerly margin of Southeast 128th Street; THENCE South 88° 02' 57" East, along said Southerly margin, 60.01 feet to the East line of the West half of the Northeast quarter of the Northwest quarter of the Northwest quarter of said Section 15; THENCE South 00° 47' 57" West, along said line, 618. 64 feet to the Southeast corner of said West half; THENCE North 88° 09' 34" West, along the East-West centerline of the Northwest quarter of the Northwest quarter of said Section 15, 647.65 feet to the Southwest corner of the East half of the Northwest quarter of the Northwest of the Northwest quarter of said Section 15; THENCE North 00° 54' 24" East, along the West line of said East half, 397 .33 feet to the TRUE POINT OF BEGINNING and terminus of this description; (Also known as a portion of Tracts 2 and 3 of Martin' s Acre Tracts , unrecorded) ; ALL SITUATE in the city of Renton, King County, Washington. PROJECT: BAKKE/10-ACRE REZONE May 18, 1990 2768.05 4 ORDINANCE NO. 4278 7;TT p .‘ R2 - G - 1 P u 3,N •• G. R- 31 I . I . . . — Q • r B , > 7 T - a J I`- E i • • , ST ( .),1 5 1 ' , � � r • , _ D 0—P I • I c I . Ia B-1 TRY I G-1 �R-3 A . 64-1_ .4, 1 i, f- ; R-3 •• P- - � �_ .. - I I —1 �^ I—1 • ---- --- > --` I I < — o ' T ;R'2'/2t FPUD-- Q53-86 i ; • • it rR-1i � R- 1 — G_i _..• ; _ I,Q I F U I fal James Bakke • NE FOURTH STREET DEVELOPMENT R;ShPl ; SA-107-88 APPLICANT James Bakke TOTAL AREA 9.19 acres PRINCIPAL ACCESS NE Fourth Street EXISTING ZONING G-1 , General Use EXISTING USE Vacant/Single-Family 'Residences PROPOSED USE Commercial & Multi-Family COMPREHENSIVE LAND USE PLAN COMMENTS South side of NE 4th Street approximately 300 feet east of Union Avenue NE 5 p Ev "I.• e, : y t. ' _{rre = AR` °`A {Ir ...F-�'=—( .. :, 1� `,1;=°^ r f:. A A;s'r sl.'`. C5 I )i a ''y t• � !S I ei' ' �tlS'..�.t.1!"O< �t -rf.e o l. c •2 t•- N� - `* -• �L,� � 6� Q 71! IME 1TM S ' x-v T H ". 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If •0 ; 825; .. �'_ 8 1 t it:',:ii!!, • •Ail 4-- ' �i " 1 J6 T2JN'TE7 T23W RSE 1-1e L 36 � I J t a 4 -3N;RSE 35 T23N 'SE I/ .i 7 itiost 608 ► •Q• . �� : 1 833 8 II , 1 It 1 - _ 1j LZ1 I I .• -• • r:to4t.,..1 ,222N R4E I TAN R4 6 T2/N'N5E e ,22F{ .5E, .. .r!_IjSE ,_U 3 T (J Rye •_• i 2 T22N R5E ::_1.:::.0 KROLL RC 1 Resource Conservation n1 Convenience Commercial tv1 Publicly Owned R-I Residential I du/ac CN Center Neighborhood Renton City Limits PA G E# I R-3 Residential 5 du/ac CS Center Suburban - Adjacent City Limits IR-D Residential D du/ac CD Center Downtown •• (Grey Text) Prerunes SECT/TOWN/RANGE e IRro, Residential Manufactured Humes Center Office Residential Flu Autmnall District A CA Commercial Arterial i•:•:•:1 Autumall District II Iu-ID Residential IU du/ac IN-N Hesidentisl 14 du/se CA Conunerclal Arterial Automall PAGE Rn-I Residential Multi-Family Infdl CO Commercial Office vn-N Residential Multi-Family Neighborhood Center in Industrial - heavy INDEX Residential Multi-Family Suburban Center Industrial - Medium ReuJential N,alti-Fanuly Urbau.Canter , J ludustrial - Ught -,..j Public Use CITY iF RENTON LL Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator April 23, 1999 Mr.Tim O'Kane Northwest Retail Partners, Ltd. 600 University Street, Suite 30112 Seattle,WA 98101 SUBJECT: RIBERA SHORT PLAT(FILE NO.LUA-99-012,SHPL-A,V-A,ECF) Dear Mr. O'Kane: As we discussed in a telephone conversation on April 19 , 1999,you have decided to revise the Ribera Short Plat,and as such,have verbally requested that the project be placed"On-Hold". We understand that you intend to file for a Lot Line Adjustment and revise the proposal from a 4-lot short plat to a 3-lot short plat. Effective as of the date of this letter,the project is"On-Hold"and will remain on-hold until the City receives your revised application. In the interim, staff will continue to seek removal of the restrictive covenants on the property from the Hearing Examiner. The date of the Environmental Review Committee meeting and the Board of Adjustment public hearing for the requested variance will need to be rescheduled when the revisions are received. Please feel free to contact me at(425)430-7286 if you should have any questions regarding this correspondence. Sincerely, „Pa, ReAft nnifer Toth Henning Project Manager cc: Diana Ribera H:\DI VIS ION.S\DE VELOP.SER\DE V&PLAN.ING\PROJECTS\99-012.JTMHld2.doc 1055 South Grady Way-Renton, Washington 98055 ��Y o C TmY OF RENTON ♦ � ® + BOARD OF PUBLIC WORKS 11)212/..' Jesse Tanner, Mayor DEVELOPMENT PLANNING CITY OF RENTON April 19, 1999 APR 2 1999 RECEIVED NORTHWEST RETAIL Tim O'Kane 600 University St., Suite 3012 Seattle WA 98101 SUBJECT: RIBERA SHORT PLAT SE QUADRANT OF NE 4TH/UNION AVE. NE,RENTON WA REQUEST FOR DEFERRAL OF ON/OFF SITE IMPROVEMENTS Dear Mr. O'Kane: At the April 14, 1999 Board of Public Works meeting, a motion was made to table your application until you can return with more information to assist the Board in a clear determination. If you have any questions concerning this action, please contact Paul Lumbert, Board Coordinator, at(425)430-7304. Sincerely, Mickie Flanagan, Recording Secr tary Board of Public Works cc: Board Members Paul Lumbert Diana Ribera Jennifer Toth-Henning I055 South Grady Way-Renton,Washington 98055 (425)235-2569 H:\DIVISION.S\BPW\DEFERRAL\RIBERASP.DOPacsimi/e (425)235-2541 je//ou) BOARD OF PUBLIC WORKS 8:30 a.m. Renton Municipal Building Wednesday, April 14, 1999 6th Floor Conference Room IN ATTENDANCE: Neil Watts, Acting Chairman Larry Meckling, Building Official Dave Christensen, Utilities System Jim Gray, Fire Prevention Paul Lumbert, Plan Review Bob Mahn, Trans. Systems Mickie Flanagan, Recording Secretary VISITORS: Tim O'Kane, Applicant Diana Ribera, Property Owner MINUTES 1. CALL TO ORDER: Acting Chairman Neil Watts called the meeting to order at 8:30 a.m. 2. APPROVAL OF MINUTES: Moved by Christensen,seconded by Meckling,to approve meeting minutes dated, March 31, 1999. Motion Carried. 3. REQUESTED ACTION: • OFF-SITE DEFERRAL, RIBERA SHORT PLAT, LUA 99-012, 4225 NE 4th Street - applicant requests a deferral of curb, gutter, sidewalks, street lights and paving to complete recording of the short plat. Discussion: The City needs assurance that all improvements will be done at the same time. The U.S. Post Office is proposing to construct on Lot 2 of the proposed Short Plat and it has already been determined to require landscaping on the street frontage. This, along with necessary right-of-way dedication, affects the street design. Lot 1 is a sensitive area and Fisheries is making it difficult to execute the Short Plat. The applicant is concerned if it gets delayed,the laws will get even more intense. It was suggested the applicant ask an engineer to prepare an Engineer's Estimate for the required improvements. Board members felt it was time for the applicant to discuss the situation with the Post Office and possibly negotiate an agreement for participation in the improvements. Until the Environmental Review and Appeal process is complete,the Board does not know what conditions may be placed on it. Action: Moved by Christensen,seconded by Gray to table this item until the applicant is able to come back with more information. Motion Carried 4. ADJOURNMENT: Acting Chairman Neil Watts adjourned the meeting at 9:00 a.m. AFFIDAVIT OF PUBLICATION Charlotte Ann Kassens first duly sworn on oath states that he/she is the Legal Clerk of the SOUTH COUNTY JOURNAL 600 S. Washington Avenue, Kent, Washington 98032 RENTON BOARD OF ADJUSTMENT NOTICE OF PUBLIC HEARING a daily newspaper published seven (7)times a week. Said newspaper is a legal A Public Hearing will be held by the Renton Board of Adjustment at its regular newspaper of general publication and is now and has been for more than six months meeting in the Council Chambers, on the prior to the date of publication, referred to, printed and published in the English language seventh floor of City Hall, 1055 So. Grady continually28, as a dailynewspaper in Kent, KingCounty, Washington. The South CountyWay, Renton, to consideton,r theo April ing Y 9 1999 at 7:30 PM to consider following Journal has been approved as a legal newspaper by order of the Superior Court of the variance: State of Washington for King County. RIBERA SHORT PLAT LUA-99-012,SHPL-A,ECF,V The notice in the exact form attached, was published in the South County The applicant proposes to subdivide four Journal (and not in supplemental form)which was regularly distributed to the subscribers parcels for eventual development of com- cial uses. Two wetland areas and a during the below stated period. The annexed notice, a drai age corridor identified as Maplewood Creek are located on the site. Project Ribera Short Plat requires Administrative Short Plat Approval, Environmental Review, and a Variance from the Land Clearing and Tree as published on: 4/16/99 Cutting Ordinance in order to install street improvements within 25 feet of a creek. Location:4301 NE 4th St. The full amount of the fee charged for said foregoing publication is the sum of$40.25, Legal descriptions of the files noted charged to Acct. No. 8061067 above are on file in the Development ----7-7 Services Division, sixth floor, Renton City Hall. All interested persons to said peti- tionsLegal Number 5971 are invited to be present at the Public Hearing to express their opinions. Publication Date:April 16, 1999 • Le erk, S h Coun oumal Published in the South County Journal April 16,1999.5971 Subscribed and sworn before me on this dY a of 110 , 1 `````wcttP'rrrrro`,�,P QX11 � 1)11.__ / A (i9— L(14161_ •�� 'tis t- Notary Public of the State of Washington ° ` : residing in Renton :7::::' IOTA . _ King County, Washington -0- _ '•.o '°un tic o,.' 1:-r1'.*. ?.S I.••• C"`:•�� RENTON BOARD OF ADJUSTMENT NOTICE OF PUBLIC HEARING A Public Hearing will be held by the Renton Board of Adjustment at its regular meeting in the Council Chambers, on the seventh floor of City Hall, 1055 So. Grady Way, Renton, Washington, on April 28, 1999 at 7:30 PM to consider the following variance: RIBERA SHORT PLAT LUA-99-012,SHPL-A,ECF,V The applicant proposes to subdivide 9.2 acres into four parcels for eventual development of commercial uses. Two wetland areas and a drainage corridor identified as Maplewood Creek are located on the site. Project requires Administrative Short Plat Approval, Environmental Review, and a Variance from the Land Clearing and Tree Cutting Ordinance in order to install street improvements within 25 feet of a creek. Location: 4301 NE 4th St. Legal descriptions of the files noted above are on file in the Development Services Division, sixth floor, Fenton City Hall. All interested persons to said petitions are invited to be present at the Public Hearing to express their opinions. Publication Date: April 16, 1999 I,ccount No. 51067 3OAPUB.DOC CERTIFICATION Sec att4PcbteA . I, eiAt^iftv. �+nhl h , hereby certify that 3 copies of the above document were posted bylte in 3 conspicuous places on or nearby the described property on Arell ry , �, 441 J • \ 4e/VVVID ATTEST: Subcribed and sworn before me,a No Public ,and fc r the State of Washington residing in a11� , on the dayofarjLc;C Q � 51rd,r-vi CA/9-t6K MARILYN KAMCHEFF COMMISSION EXPIRES 6/29/99 r y NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE - MITIGATED (DNS-M) DATE: FEBRUARY 25,1999(ORIGINAL) APRIL 05,1999(REVISED) LAND USE NUME ER: LUA-99-012,SHPL-A,ECF,V APPLICATION N/ME: Ribera Short Plat PROJECT DESCFIPTION: The applicant, Tim O'Kane of Northwest Retail Partners, proposes to subdivide 9.2 acres into foul parcels for eventual development of commercial uses. Two wetland areas and a drainage corridor identified as Maplewood Creek are located on the site. Project requires Administrative Short Plat Approval, Environmental Re,riew, and a Variance from the Land Clearing and Tree Cutting Ordinance in order to install street improvements wit in 25 feet of a creek. PROJECT LOCATION: 4301 NE 4th Street OPTIONAL DETE 2MINATION OF NON-SIGNIFICANCE-MITIGATED(DNS-M): As the Lead Agency,the City of Renton has deterrr fined that significant environmental impacts are unlikely to result from the proposed project. Therefore,as permitted under the RCW 43.21 C.110,the City of Renton is using the Optional DNS(M) process to give notice that a DNS-'A is likely to be issued. Comment periods for the project and the proposed DNS-M are integrated into a single comment >eriod. There will be no comment period following the issuance of the Threshold Determination of Non-Significance Mitigated(DNS-M). A 14 day appeal period will follow the issuance of the DNS-M. PERMIT APPLICA TION DATE: FEBRUARY 5, 1999 NOTICE OF COMPLETE APPLICATION: FEBRUARY 25, 1999(REVISED APRIL 05, 1999) APPLICANT: Tim O'Kane Northwest Retail Partners, Ltd. 600 University Street,Suite 3012 Seattle,WA 98101 OWNER: Diana Lee Ribera Ribera-Balko Enterprises Family Limited Partnership PO box 68562 Seattle,WA 98168 Permits/Review Requested: Environmental(SEPA)Review,Administrative Short Plat Review, Variance .R 4 '1 els O Other Permits whic i may be required: Hydraulic Project Approval(HPA)from Washing Department of Fish and Vc`fY`a`�p��`p Ow YA Wildlife ` \ Requested Studies. Wetland and Buffer Restoration and Enhancement Plan it`a VACICI p��` Location where app cation may `"� SS be reviewed: Planning/Building/Public Works Division, Development Services Department, 1055 South Grady Way,Renton,WA 98055 PUBLIC HEARING The date of Wednesday, April 28, 1999, at 7:30 PM, has been set for a variance public hearing to eview the proposed variance. The hearing, before the City of Renton's Board of Adjustment will be held in the Council Chambers on the second floor of City Hall,Renton,Washington. CONSISTENCY OVERVIEW: Land Use/Zoning: The project site is designated Center Suburban(CS)on the Comprehensive Plan Land Use Map and zoned Center Suburban(CS). Density: Not applicable. Environmental Do:uments that GENMALOT.DOC •- l Evaluate the Proposed Project: None Development Regulations Used For Project Mitigation: The proposal is subject to the City's Environmental(SEPA)Ordinance,Zoning Code,Land Clearing and Tree Cutting Ordinance,Public Works Standards, Uniform Fire Code,Uniform Building Code,etc. Proposed Mitigation Measures: The proposal to subdivide the subject site into four parcels does not include a specific development application at this time. Mitigation would need to be determined for individual development that would occur on the site. 1. Applicant/owner shall be responsible for the implementation of measures to mitigate impacts to the wetland and stream areas on the subject site at the time that disturbance occurs in conjunction with the short plat,or as part of a specific development application,whichever occurs first. Comments on the above application must be submitted in writing to Jennifer Toth Henning, Project Manager, Development Services Division, 1055 South Grady Way,Renton,WA 98055,by 5:00 PM on April 19,1999. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact Ms.Henning at(425)430-7286. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Jennifer Toth Henning(425)430-7286 PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION s. r i. . P ` s k„..,...)„, sY _ +i ..^I "6. ','.. 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Mb_ .s.,•,t••1 �� .,p' "�.. _ •','iY' N f o o n,o.P.D.,' , Uei- 0�- I bk gq ' OIz • WINDSOR ASSOCIATES SAFEWAY INC LEGATO INC 9777 Wilshire Blvd 15350 Sw Sequoia Pkwy#300 3300 Maple Valley Hwy Beverly Hills,CA 90212 Portland, OR 97224 Renton,WA 98058 KING COUNTY WATER DIST#90 EQUILON ENTERPRISES LLC EQUILON ENTERPRISES LLC 15606 Se 128Th St PO Box 4453 PO Box 4453 Renton,WA 98059 Houston,TX 77210 Houston,TX 77210 TOSCO CORPORATION CAR WASH ENTERPRISES INC Les Profit Sharing Schwab 72 Cummings Point Rd PO Box 70527 PO Box 667 Stamford,CT 06902 Seattle,WA 98107 Prineville,OR 97754 Kenneth&Carol Pillon Robert&Jane Johnson Gary Moritz 23815 141 St Ln Se 254 Union Ave Ne 2525 Ne 24Th St Kent,WA 98042 Renton,WA 98059 Renton,WA 98056 Kenneth&Carol Pillon Schwab Profit Sharing Les Barry&Janet Hatch 23815 141St Ln Se 1015 Madras Hwy 4405 Ne 4Th St Kent,WA 98042 Prineville,OR 97754 Renton,WA 98059 James&Matha Denton Susan Prather Bob McCann 11504 Se 82Nd St 12905 136Th Ave Se 13029 136Th Ave Se Renton,WA 98056 Renton,WA 98059 Renton,WA 98059 MCCANN ENTERPRISES INC Rose Woodall Rose Woodall PO Box 2827 248 Union Ave Ne 248 Union Ave Ne Renton,WA 98056 Renton,WA 98059 Renton, WA 98059 Rose Woodall Rose Woodall Rose Woodall 248 Union Ave Ne 242 Union Ave Ne 248 Union Ave Ne Renton,WA 98059 Renton,WA 98059 Renton,WA 98059 Rose Woodall Rose ee oodall 4321 LLC 248 Union Ave Ne NO S' ET NAME or NUMBER NO STREET ME or NUMBER Renton,WA 98059 Renton, ,WA 4321 LLC SAFEWAY INC US BANK OF WASHINGTON NA &Lan NO STREET N6),14 or NUMBER PO Box 85001 4350 Ne 4Th St ,WA / \ Bellevue,WA 98015 Renton,WA 98059 „1774 CITY c F RENTON solL Planning/Building/Public Works Department J e Tanner,Mayor Gregg Zimmerman P.E.,Administrator April 5, 1999 Tim O'Kane Northwest Retail Partners 600 University Street, Ste 3012 Seattle, WA 98101 SUBJECT: Ribera Short Plat LUA99-012,SHPL-A, V, ECF Dear Mr. O'Kane: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. It is tentatively scheduled for consideration by the Environmental Review Committee on April 20, 1999. Prior to that review, you will be notified if any additional information is required to continue processing your application. The date of Wednesday, April 28, 1999, at 7:30 PM, has been set for a variance public hearing to review the above-referenced matter. The hearing, before the City of Renton's Board of Adjustment will be held in the Council Chambers on the seventh floor of City Hall, Renton, Washington. The applicant or representative(s) of the applicant is required to be present at the public hearing. Interested parties are invited to attend. Please contact me, at 425-430-7286, if you have any questions. Sincerely, Jennifer Henning Project Manager • 7HVic aglitilik(a)9\- AL,CI'ILI K.UM. 1055 South Grady Way - Renton, Washington 98055 a)This paper contains 50%recycled material,20%post consumer CITY (,r, RENTON sall Planning/Building/Public Works Department MEMO Gregg Zimmerman P.E.,Administrator Jesse Tanner,Mayor March 19, 1999 Mr. Tim O'Kane Northwest Retail Partners,Ltd. 600 University Street, Suite 30112 Seattle,WA 98101 SUBJECT: RIBERA SHORT PLAT (FILE NO. LUA-99-012, SHPL-A) Dear Mr. O'Kane: This letter serves as notification that the City of Renton has determined that additional information is needed in order to continue processing your application for the Ribera Short Plat. As we have discussed, several issues have emerged as we have conducted our review of the above-referenced project. Each of the issue areas is discussed below. Variance. The project application will need to be amended to add a request for a Variance from the Tree Cutting and Land Clearing Regulations (Code Section 4-4-130). Code Section 4-4-130 C.4 states that: No tree cutting or land clearing is permitted within 25 feet of any shoreline area, within 25 feet of the ordinary high water mark of creeks, in a wetland area, or on parcels where the predominant slope or individual slope is in excess of 40% except enhancement activities. The variance is needed because subdivision of the land triggers requirements for the construction of street improvements along NE 4th Street, within 25 feet of Maplewood Creek. The need for this variance was not identified during pre-application since no disturbance of the creek was being proposed by the applicant. The fee for the variance is $250.00, and the only additional submittal required to amend the file is a written statement providing justification for the requested variance. A copy of the criteria for the variance is attached to this letter. The Board of Adjustment would decide whether the Variance should be granted. The Board meets once each month. If you submit the variance materials by March 30th, the Board would be able to consider the request at their April 28, 1999 meeting. The meetings are held at the Renton City Hall and begin at 7:30 p.m. We encourage you to submit the materials as soon as possible, we need to notify adjacent property owners and re-open the comment period for the project. Board of Public Works Deferral. With regard to the street improvements, if you choose, you can apply to the Board of Public Works to request that the street improvements be deferred to coincide with a specific development application. If the deferral is granted, you could record the short plat prior to installing the street improvements. A copy of the Board of Public Works deferral form is included in this letter. Restrictive Covenants. The covenants that appear on the title report require that a specific project be constructed on the site. The covenants were recorded in order to comply with conditions of a previous site plan review application. We have received your letter requested that the restrictive covenants be removed. Staff will contact the Hearing Examiner to initiate that process. Effective as of the date of this letter, the project is "On-Hold". The date of the Environmental Review Committee meeting will need to be rescheduled once application for the variance has been H:\DI VISION.S\DEVELOP.SER\DEV&PLAN.ING\PROJECTS\99-012.JTH\HLDLTR.DOC 1055 South Grady Way - Renton, Washington 98055 Page 2 March 19, 1999 made. Please feel free to contact me at(425)430-7286 if you should have any questions regarding this correspondence. Sincerely, -e4(1) Jennifer enning Project Manager enc cc: Diana Ribera • APPLICATION FOR CITY OF RENTON BOARD OF PUBLIC WORKS 200 Mill Avenue South, Renton,WA 98055 (425) 235-2569 OWNER Telephone ADDRESS OF PROPERTY: Zip Code LEGAL DESCRIPTION OF PROPERTY include King County Assessors #: (attach separate sheet of paper if ner' 'ry) NAME OF PROJECT: APPLICANT: Telephone • BUSINESS ADDRESS:: Zip Code Telephone Attach a separate letter stating in detail: 1. The request 2. Applicable City Code • 3. Items and quantities involved 4. Justification for request 5. Time allotment required for request. Attach a 1"= 100' drawing of your site and mail the completed application and map to: CITY OF RENTON Board of Public Works Arneta Henninger, Coordinator 200 Mill Ave. S Renton,WA 98055 . You will be contacted if application is incomplete or if additional information is required. COMPLETED applications received by 5:00 Monday will be placed on the agenda approximately 2 weeks from that date. Applicant's Signature [Office Use Only] DATE OF FILING: DATE OF HEARING: DEFERRAL ( ) New ( ) Extension VARIANCE ( ) New ( ) Extension Offsite ( ) UNDERGROUND[NG ( ) DRIVEWAY Onsite ( ) SLOPE GRADES ( ) NOISE EXCESS R/W ( ) t[.WILE.SYS'FRM\81BPW10020.DOC'\ FORM 81/0020 1)i" RENTON BOARD OF ADJUSTMENT SCHEDULE OF 1999 MEETINGS R:3nton Board of Adjustment meetings are held in the Renton Municipal Building at 7:30 PM on the fourth Wednesday of each month as follows, unless otherwise changed by public notice: MONTH APPLICATION DEADLINE PUBLIC HEARING January December 30 January 27 February January 29 February 24 March February 26 March 24 April March 30 pril 28 May April 30 May 26 June May 28 June 23 July June 30 July 28 August NO MEETING NO MEETING September August 30 September 22 October September 30 October 27 November October 29 November 24 December NO MEETING NO MEETING scned u!e djc Variance Submittal Requirements 15. Wetlands Report/Delineation (if applicable): Please provide twelve (12) copies of the map and five (5) copies of the report including an analysis of the type and extent of wetlands prepared by a wetland specialist based upon a field investigation using the procedures found in the 1987 Federal Interagency Committee for Wetland Delineation Federal Manual for Identifying and Delineating Jurisdictional Wetlands or later adopted identification and delineation methodology. 16. Plan Reductions: Please provide one (1) eight and one-half inch by eleven inch (8 '/"x 11") reduction of full size plan sheets including elevations, landscape plans, conceptual utility plans, site plan, and neighborhood detail map. Also, please provide one (1) four inch by six inch (4" x 6") reduction of the Neighborhood Detail Map. This will be used by staff to prepare public information posters. Because these reductions are used to provide the public with information about the project, they need to yield legible photocopies. A PMT reduction is an original white/opaque (NOT TRANSPARENT) photographic reduction. Xerox reductions or plotted reductions cannot be accepted. Please ensure that the reduced Neighborhood Detail Map is legible and will fit in a 4" by 6" space. Also provide one 8 'A" by 11" photocopy of each PMT sheet. Royal Reprographics (425-251-8230), Ford Graphics (253-838-1913), Kestrel Blueprint (425-462-0330), and Olympic Printing (206-622-6000) are just a few of the printing companies that provide this service. 17. Colored Display Maps: (Folded to 8 1/2" by 11") DO NOT MOUNT ON FOAM-CORE OR OTHER BACKING. Please provide one (1) full size plan sheet of each of the following maps colored with a wide tip marker in order to clearly define the site's outer property boundary,the area of new construction and/or proposed new lot lines (dashed), existing buildings, landscaping areas, and adjacent street names for use in presenting the project at public hearing and/or to the Environmental Review Committee: • Neighborhood Detail Map, • Site Plan, and • Elevations The following colors are recommen, ed: Red North Arrow, outer property boundary. Proposed new lot lines (dashed). Do not color existing lotIines which are to be eliminated or relocated. Black Street names identified with lettering of at least one inch (1") in height. Street names must be legible at a distance of fifteen feet (15). Tan Existing buildi gs (Please do not color buildings which will be demolished or removed.) Yellow Proposed b ildings Lt. Green Landscaped areas Dk. Green Areas of undisturbed vegetation 18. Justification for the Variance Request: Please provide ten (10) copies. The burden of proof as to the appropriateness of the application lies with the applicant. The applicant must submit a written statement addressing and justifying the issues to be considered by the Hearing Examiner/Board of Adjustment. In order to approve a variance request, the Examiner/Board must find that ALL the following conditions exist: a. That the applicant suffers undue hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, and location or surroundings of the subject property; and the strict application of the Building & Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical classification. • b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated. Variance Submittal Requirements c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated. d. That the approval, as determined by the Hearing Examiner or Board of Adjustment, is a minimum variance that will accomplish the desired purpose. 19. Photographs of the property (Optional): Photographs may be submitted to illustrate the subject under discussion and are suggested as exhibits with the application. PLANS and ATTACHMENTS Please fold all plans and attachments to a size not exceeding 8 5" by 11" for storage in a letter-size folder. REVIEW PROCESS FOR VARIANCE REQUESTS: Once the complete Variance application package has been accepted for initial review, the Develop ent Services Division will post three (3) notices of the pending application at or near the subject si a and mail notices to property owners within 300 feet of the project site. The proposed plan will be ro ted to other City departments,jurisdictions or agencies who may have an interest in the application. he reviewers have two (2) weeks to return their comments at which time the project will be scheduled or review by the Board of Adjustment. Notice of the Board of Adjustment Meeting will be p lished at least ten (10) days prior to the hearing, the site will be posted again, and parties of record ill receive notices via mail. Development Services Division staff will issue a report to the Board at le t seven (7) days prior to the hearing. This report will be mailed to the contact person named on the M ster Application and will also be available for review by the public. The Board of Adjustment typically issues a d termination at the hearing. Notice of the decision to approve, conditionally approve, or deny var.'/nce will be mailed to the applicant and all parties of record. APPEAL PROCESS FOR BOARd OF ADJUSTMENT DECISIONS: Any person, including the applicant, aggrieved by the granting/or denial of a Variance may appeal the decision to the King County Superior Court within fourteen;(14) days of the date of the decision. BUILDING AND CONSTRU TION PERMIT ISSUANCE AND INSTALLATION OF IMPROVEMENTS: GENERAL: In the City of Rent? , a Building Permit must be obtained to build buildings and structures. A Construction Permit must be obtained to install utility lines, transportation improvements and work in City right of ways. Building a(d Construction Permits are separate permits. Applicants may apply for building and construction permits concurrently with their requests for a Variance. However, the applicant should be aware that conditions of the Variance may create a need for revisions to these other permit applications. If no appeals or reconsideration requests are filed within fourteen (14) days of the Board of Adjustments decision to approve the Site Plan, the applicant will be eligible to obtain building and construction permits. A construction permit for the installation of on and off-site utilities will be issued upon the City of Renton Public Works',review and approval of civil engineering drawings and receipt of all applicable development and permit fees. The applicant will also be eligible to receive a building permit upon City of Renton Building Department approval of building plans and receipt of all applicable fees. 6 Le -5 -* (76 _7/1/ A, 7, -?-7g /.1)-kr; • - V- 7d yc `pro -6b -,yP7 • , (7771/w_ . m( (12/ • r [ CITY OF RENTON DEVELOPMENT SERVICES DIVISION LIST OF SURROUNDING PROPERTY OWNERS within 300 feet of the subject site PROJECT NAME: 42- 1 ?LT' A'PLICATION NO: LUA •9q • ol•LI SVIPI - 14 Ec,r The following is a list of property owners within 300 feet of the subject site. The Development SE;rvices Division will notify these individuals of the proposed development. NAME ADDRESS ASSESSOR'S PARCEL NUMBER k rActfe) DEVELOPMENT CITY OF PANNING RENTON FEB 0 5 1999 RECEIVED (Attach additional sheets, if necessary) (Continued) NAME ADDRESS ASSESSOR'S PARCEL NUMBER Applicant Certification I, t)I4KIA- , hereby certify that the above list(s) of adjacent property (Print Name) owners and their addresses were obtained from: ❑ City of Renton Technical Services Records Title Company Records King County Assessors Recq= C • ,� Signed/' ��tL�J�� - Date �f � R (A plicant) k NOTARY `, 'ICo= . ATTESTED: Subscribed •nd sw -orn before me, a Notary Public, in and or , .tate of Washington, residing at on the . day of y; rj_'% , 19 . Signed[)0,4-'6/ (Notary Public) ****For'City of Renton Use**** CERTIFICATION OF MALING I, , hereby certify that notices of the ,,oposed application were mailed to (City Employee) each listed property owner on Signed_ Datr:: NOTP,RY A i EST: Subscribed and sworn before me, a Notary Publ in and for the State of Washington J.: 19 7r"C -da � r F � s_r� res,; �o� a a Lb� ;��1 --- on the y Signed 1 ,. . listprop.doc REV 07/95 MARILYN KAMCHEFF 2 COMMISSION EXPIRES 6/29/99 • r. [um. CITY OF RENTON DEVELOPMENT SERVICES DIVISION LIST OF SURROUNDING PROPERTY OWNERS within 300 feet of the subject site PROJECT NAME: I k' 04— \-- APPLICATION NO: Thii following is a list of property owners within 300 feet of the subject site. The Development Sei vices Division will notify these individuals of the proposed development. NAME ADDRESS ASSESSOR'S PARCEL NUMBER 5 TAcf7 F s s k4, ,; o`lC< Op/ M F��p N TA FFsTo B0 �.0,cflr 199gF%�o(Attach additional sheets, if necessary) (Continued) NAME ADDRESS ASSESSOR'S PARCEL NUMBER Applicant Certification I, Q)l - Lt3G K11 ,„4- , hereby certify that the above list(s) of adjacent property (Print Name) owiers and their addresses were obtained from: ❑ City of Renton Technical Services Records 1gTitle Company Records King County Assessors Rec._ Signed • Dare - 7f (A plicant) 1 NOTARY -N�` �'o= • ATTESTED: S scribed and sworn before me, a Notary I�licf_ln . • ' •r :.1;.tate of Wa bin on, residing t on the S day ` % /=% . , 19 /r. Sign (Notary Publi ti ****For City of Renton Use**** :.::::::......... ;...... CERTIFICATION OF MAILING ? _ _ , hereby certify that notices of the proposed application were mailed to (City Employee) eac lis_ed property owner on Sigi,ed Date: NOTARY AT EST: Subscribed and sworn before me, a Notary Public, in and fe the State of WAtitngti rt .'' resi ling at on the day of , 19-__ Signed Gstprop.doc REV 07/95 WIlVDSOR ASSOCIATES SAFEWAY INC LEGATO INC 9777 Wilshire Blvd 15350 Sw Sequoia Pkwy#300 3300 Maple Valley Hwy Beverly Hills,CA 90212 Portland,OR 97224 Renton, WA 98058 KING COUNTY WATER DIST#90 EQUILON ENTERPRISES LLC EQUILON ENTERPRISES LLC 15606 Se 128Th St PO Box 4453 PO Box 4453 Renton,WA 98059 Houston,TX 77210 Houston,TX 77210 TOSCO CORPORATION CAR WASH ENTERPRISES INC Les Profit Sharing Schwab 72 Cummings Point Rd PO Box 70527 PO Box 667 Stamford,CT 06902 Seattle,WA 98107 Prineville,OR 97754 Kenneth&Carol Pillon Robert&Jane Johnson Gary Moritz 23815 141St Ln Se 254 Union Ave Ne 2525 Ne 24Th St Kent,WA 98042 Renton,WA 98059 Renton,WA 98056 Kenneth&Carol Pillon Schwab Profit Sharing Les Barry&Janet Hatch 23815 141St Ln Se 1015 Madras Hwy 4405 Ne 4Th St Kent,WA 98042 Prineville,OR 97754 Renton,WA 98059 James&Matha Denton Susan Prather Bob McCann 11504 Se 82Nd St 12905 136Th Ave Se 13029 136Th Ave Se Renton,WA 98056 Renton,WA 98059 Renton,WA 98059 MCCANN ENTERPRISES INC Rose Woodall Rose Woodall PO Box 2827 248 Union Ave Ne 248 Union Ave Ne Renton,WA 98056 Renton,WA 98059 Renton,WA 98059 Rose Woodall Rose Woodall Rose Woodall 248 Union Ave Ne 242 Union Ave Ne 248 Union Ave Ne Renton,WA 98059 Renton, WA 98059 Renton,WA 98059 Rose Woodall Rose ee oodall 4321 LLC 248 Union Ave Ne NO S ET NAME or NUMBER NO STREET NAME or NUMBER Renton,WA 98059 Renton, ,WA 4321 LLC SAFEWAY INC US BANK OF WASHINGTON NA&Lan NO STREET NAME or NUMBER PO Box 85001 4350 Ne 4Th St ,WA Bellevue,WA 98015 Renton, WA 98059 * MetroScan / King - * Owner :Windsor Associates Parcel :102305 9100 06 Site :433 Bremerton Ave NE Renton 98059 Sale Date :01/31/90 Mail :9777 Wilshire Blvd Beverly Hills Ca 90212 Sale Price :$11,250, 000 Use :115 Res,Apartment, 200+ Units Asd.V :$9, 171, 900 Lgl :STR 102305 TAXLOT 100 POR E 1/2 SW Q:SW S:10 T:23N R:05E Bedrm:1 Bth F3H: 1/ / Stories:3 BldgSF:207,406 Ac: 9.80 YB: 1989 Ph: * MetroScan / King * Owner :Safeway Inc Parcel # :102305 9128 04 Site :510 Union Ave NE Renton 98059 Sale Date :06/29/93 Mail :15350 SW Sequoia Pkwy #300 Portland Or 97224 Sale Price :$2,723,200 Use :434 Pub,Supermarket 30K+ Sq Ft Asd.V :$2, 507,000 Lgl :STR 102305 TAXLOT 128 POR W 1/2 OF Q:SW S:10 T:23N R:05E Bedrm: Bth F3H: / / Stories:1 BldgSF:42, 601 Ac:3.55 YB:1983 Ph: * MetroScan / King * Owner :Legato Inc Parcel # :102305 9132 08 Site :4114 NE 4Th St Renton 98059 Sale Date . Mail :3300 Maple Valley Hwy Renton Wa 98058 Sale Price . Use :413 Pub,Restaurant, Fast Food Asd.V :$455, 500 Lgl :STR 102305 TAXLOT 132 POR W 1/2 OF Q:SW S:10 T:23N R:05E Bedrm: Bth F3H: / / Stories:1 BldgSF:2,818 Ac: .79 YB:1983 Ph: * MetroScan / King * Owner :King County Water Dist #90 Parcel # :102305 9263 09 Site :*No Site Address* Renton Sale Date . Mail :15606 SE 128Th St Renton Wa 98059 Sale Price . Use :901 Vacant,Residential Asd.V :$51, 000 Lgl :STR 102305 TAXLOT 263 E 75 FT OF S Q:SW S:10 T:23N R:05E Bedrm: Bth F3H: / / Stories: B1dgSF: Ac: .17 YB: Ph: * MetroScan / King * Owner :Equilon Enterprises Llc Parcel # :102305 9374 05 Site :4102 NE 4Th St Renton 98059 Sale Date :07/23/98 Mail :PO Box 4453 Houston Tx 77210 Sale Price . Use :428 Pub,Service Stations Asd.V :$325, 400 Lgl :STR 102305 TAXLOT 374 POR SW 1/4 Q:SW S:10 T:23N R:05E Bedrm: Bth F3H: / / Stories:1 BldgSF:1,008 Ac: .51 YB:1983 Ph: * MetroScan / King * Owner :Equilon Enterprises Llc Parcel # :102305 9374 05 Site :4102 NE 4Th St Renton 98059 Sale Date :07/23/98 Mail :PO Box 4453 Houston Tx 77210 Sale Price . Use :428 Pub,Service Stations Asd.V :$325, 400 Lgl :STR 102305 TAXLOT 374 POR SW 1/4 Q:SW S:10 T:23N R:05E Bedrm: Bth F3H: / / Stories: 1 BldgSF:836 Ac: .51 YB:1983 Ph: * MetroScan / King Owner :Tosco Corporation Parcel # :518210 0008 09 Site :4105 NE 4Th St Renton 98059 Sale Date :12/28/93 Mail :72 Cummings Point Rd Stamford Ct 06902 Sale Price :$3,585, 644 Full Use :428 Pub,Service Stations Asd.V :$375, 800 Lgl :LOT 1 MARTINS ACRE TRS UNREC S 140 Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac: .51 YB: Ph: * MetroScan / King * Owner :Car Wash Enterprises Inc Parcel # :518210 0009 08 Site :4110 NE 4Th St Renton 98059 Sale Date :12/29/94 Mail :PO Box 70527 Seattle Wa 98107 Sale Price :$242, 275 Full Use :405 Pub,Car Wash Asd.V :$228, 900 Lgl :LOT 1 MARTINS ACRE TRS UNREC LOT 1 Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories:1 BldgSF:1, 950 Ac: . 62 YB: 1985 Ph: * MetroScan / King * Owner :Schwab Les Profit Sharing Parcel # :518210 0010 05 Site :4100 NE Union Ave NE Renton Sale Date . Mail :PO Box 667 Prineville Or 97754 Sale Price . Use :532 Ind,Service Bldg,2K To 10K Sqft Asd.V :$651, 500 Lgl :LOT 1 MARTINS ACRE TRS UNREC LOT 3 Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: 1 BldgSF:9,800 Ac: .77 YB:1988 Ph:541-447-4136 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. * MetroScan / King * . Owner :Pillon Kenneth F & Carol Parcel 1 :518210 0011 04 Site :316 Union Ave SE Renton 98059 Sale Date :10/05/90 Mail :23815 141St Ln SE Kent Wa 98042 Sale Price :$75, 000 Full Use :101 Res,Single Family Residence Asd.V :$110, 000 Lgl :LOT 1 MARTINS ACRE TRS UNREC LOT 1 Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/ /1 Stories:1 BldgSF:1, 470 Ac: .21 YB:1955 Ph: * MetroScan / King * Owner :Johnson Robert E & Jane A Parcel # :518210 0012 03 Site :254 Union Ave NE Renton 98059 Sale Date :06/30/92 Mail :254 Union Ave NE Renton Wa 98059 Sale Price :$100, 000 Full Use :101 Res,Single Family Residence Asd.V :$111, 000 Lgl :LOT 1 MARTINS ACRE TRS UNREC S 66 Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H: 1/ / Stories:1 BldgSF:1,560 Ac: .44 YB:1950 Ph: * MetroScan / King Owner :Moritz Gary Parcel # :518210 0013 02 Site :326 Union Ave NE Renton 98059 Sale Date :02/13/90 Mail :2525 NE 24Th St Renton Wa 98056 Sale Price :$142, 390 Use :262 Off, 1-3 Story, 5K To 15K Sqft Asd.V :$516, 000 Lgl :LOT 1 MARTINS ACRE TRS UNREC N 100 Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories:2 BldgSF: Ac: . 67 YB:1979 Ph: * MetroScan / King * Owner :Pillon Kenneth F & Carol A Parcel # :518210 0014 01 Site :316 1/2 Union Ave SE Renton 98059 Sale Date :06/03/86 Mail :23815 141St Ln SE Kent Wa 98042 Sale Price :$46,500 Use :101 Res,Single Family Residence Asd.V :$58_, 900 Lgl :LOT 1 MARTINS ACRE TRS UNREC LOT 2 Q:NW S:15 T:23N R:05E Bedrm:2 Bth F3H: /1 / Stories: 1 BldgSF:640 Ac: .45 YB:1928 Ph: * MetroScan / King * Owner :Les Schwab Profit Sharing Parcel # :518210 0016 09 Site :*No Site Address* Renton Sale Date :10/26/88 Mail :1015 Madras Hwy Prineville Or 97754 Sale Price :$123, 000 Use :921 Vacant,Commercial,Less Than 1 Acre Asd.V :$126, 700 Lgl :LOT 1 MARTINS ACRE TRS UNREC LOT 2 Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac: .48 YB: Ph: * : MetroScan / King * Owner :Hatch Barry & Janet Parcel # :518210 0039 02 Site :4405 NE 4Th St Renton 98059 Sale Date Mail :4405 NE 4Th St Renton Wa 98059 Sale Price Use :101 Res,Single Family Residence Asd.V :$146, 000 Lgl :LOT 4 MARTINS ACRE TRS UNREC N 1/2 Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/ / Stories: 1 BldgSF:1,290 Ac: .53 YB:1952 Ph: * MetroScan / King * Owner :Denton James & Matha Parcel # :518210 0041 08 Site :Se 128Th 136Th Ave SE Renton Sale Date :03/10/87 Mail :11504 SE 82Nd St Renton Wa 98056 Sale Price Use :922 Vacant,Commercial, 1 To 5 Acres Asd.V :$245,700 Lgl :LOT 4 MARTINS ACRE TRS UNREC LOT 2 Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac: 1.41 YB: Ph: * : MetroScan / King Owner :Prather Susan E Parcel # :518210 0042 07* Site :327 Bellevue Ave NE Renton 98055 Sale Date - Mail :12905 136Th Ave SE Renton Wa 98059 Sale Price Use :101 Res,Single Family Residence Asd.V :$126, 400 Lgl :LOT 4 MARTINS ACRE TRS UNREC S 1/2 Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/ / Stories:1 BldgSF:2,120 Ac:2.29 YB:1960 Ph:425-255-0246 * MetroScan / King * Owner :Mccann Bob Parcel # :518210 0049 00 Site :13415 SE 128Th St Renton 98055 Sale Date :09/03/96 Mail :13029 136Th Ave SE Renton Wa 98059 Sale Price Use :101 Res,Single Family Residence Asd.V :$214,000 Lgl :LOT 5 MARTINS ACRE TRS UNREC S 110 Q:NW S: 15 T:23N R:05E Bedrm:3 Bth F3H:1/1 / Stories:1 BldgSF:3,300 Ac: .48 YB:1962 Ph:425-255-7114 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. lht,II Na National Jan Hatch . A% t .R if i Park 4405 NE 4th St. • Ar "Trust Renton, WA 98059 h P , v 12 i _21e/i/(17,60,0 /A d /033---ii-tAceki.-0020,G, t?)421/ e-r117-‘---) • .9g6Ci se,r ss {'1i.•J`. ihiuluidiuniF1?el.LiimiLiimit!!Itltltilfniiti * MetroScan / King - * ' Owner :McCann Enterprises Inc Parcel ; :518210 0050 06 Site :13415 SE 128Th St Renton 98055 Sale Date . Mail :PO Box 2827 Renton Wa 98056 Sale Price . Use :101 Res,Single Family Residence Asd.V :$218, 000 Lgl :LOT 5-6 MARTINS ACRE TRS UNREC PP Q:NW S:15 T:23N R:05E Bedrm:3 Bth F3H:1/ / Stories:1.5 BldgSF:1, 150 Ac: 4 .21 YB:1928 Ph: * MetroScan / King * Owner :Woodall Rose Parcel # :518210 0068 06 Site :*No Site Address* Renton Sale Date :12/19/96 Mail :248 Union Ave NE Renton Wa 98059 Sale Price . Use :901 Vacant,Residential Asd.V :$52, 000 Lgl :LOT 7 MARTINS ACRE TRS UNREC E 264 Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac: 1.03 YB: Ph:425-255-9584 * MetroScan / King Owner :Woodall Rose Parcel # :518210 0069 05 Site :230 Union Ave NE Renton 98059 Sale Date :12/19/96 Mail :248 Union Ave NE Renton Wa 98059 Sale Price . Use :101 Res,Single Family Residence Asd.V :$113, 000 Lgl :LOT 7 & 8 MARTINS ACRE TRS UNREC S Q:NW S:15 T:23N R:05E Bedrm:2 Bth F3H:1/ / Stories:1 BldgSF:1,070 Ac: .90 YB:1949 Ph:425-255-9584 * MetroScan / King * Owner :Woodall Rose Parcel # :518210 0069 05 Site :230 Union Ave NE Renton 98059 Sale Date :12/19/96 Mail :248 Union Ave NE Renton Wa 98059 Sale Price . Use :101 Res,Single Family Residence Asd.V :$11-3, 000 Lgl :LOT 7 & 8 MARTINS ACRE TRS UNREC S Q:NW S: 15 T:23N R:05E Bedrm:1 Bth F3H: /1 / Stories: 1 BldgSF:610 Ac: . 90 YB:1949 Ph:425-255-9584 * MetroScan / King * Owner :Woodall Rose Parcel # :518210 0073 09 Site :242 Union Ave NE Renton 98059 Sale Date :08/07/97 Mail :242 Union Ave NE Renton Wa 98059 Sale Price :$135, 000 Full Use :101 Res, Single Family Residence Asd.V :$100, 000 Lgl :LOT 8 MARTINS ACRE TRS UNREC N 1/2 Q:NW S: 15 T:23N R:05E Bedrm:3 Bth F3H: 1/ / Stories: 1 BldgSF:940 Ac: .23 YB:1970 Ph: * MetroScan / King * Owner :Woodall Rose Parcel # :518210 0079 03 Site :224 Union Ave NE Renton 98059 Sale Date :12/19/96 Mail :248 Union Ave NE Renton Wa 98059 Sale Price . Use :101 Res,Single Family Residence Asd.V :$107, 000 Lgl :LOT 8 MARTINS ACRE TRS UNREC POR Q:NW S:15 T:23N R:05E Bedrm:2 Bth F3H: 1/ / Stories: 1 BldgSF:1,280 Ac: . 19 YB:1958 Ph:425-255-9584 * MetroScan / King Owner :Woodall Rose Parcel # :518210 0080 00 Site :248 Union Ave NE Renton 98059 Sale Date :12/19/96 Mail :248 Union Ave NE Renton Wa 98059 Sale Price . Use :101 Res,Single Family Residence Asd.V :$172, 000 Lgl :LOT 8 MARTINS ACRE TRS UNREC W 230 Q:NW S: 15 T:23N R:05E Bedrm:2 Bth F3H:1/1 / Stories:1 BldgSF:1, 670 Ac: .71 YB:1960 Ph:425-255-9584 * MetroScan / King * Owner :Woodall Rose Lee Parcel # :518210 0081 09 Site :*No Site Address* Renton Sale Date :12/19/96 Mail :Renton Sale Price . Use :901 Vacant,Residential Asd.V :$57, 000 Lgl :LOT 7 & 8 MARTINS ACRE TRS UNREC N Q:NW S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac:1.48 YB: Ph: * MetroScan / King * Owner :4321 Llc Parcel # :880500 0010 08 Site :4250 NE 4Th St Renton 98059 Sale Date :07/15/98 Mail Sale Price . Use :241 Com,Retail Strip,Less Than 10K Sqft Asd.V :$460, 100 Lgl :LOT 1 UNION AVE SAFEWAY - BSP Q:SW S:10 T:23N R:05E Bedrm: Bth F3H: / / Stories:1 BldgSF:6,375 Ac: .88 YB:1996 Ph: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. * MetroScan / King - * - Owner :4321 Llc Parcel t :880500 0020 06 Site :4250 NE 4Th St Renton 98059 Sale Date :07/15/98 Mail Sale Price . Use :251 Com,Retail Store,Less Than 10K Sqft Asd.V :$528, 300 Lgl :LOT 2 UNION AVE SAFEWAY - BSP Q:SW S:10 T:23N R:05E Bedrm: Bth F3H: / / Stories: 1 BldgSF:6, 656 Ac: .57 YB:1997 Ph: * MetroScan / King * Owner :Spfeway Inc Parcel # :880500 0030 04 Site :4300 NE 4Th St Renton 98059 Sale Date . Mail :PO Box 85001 Bellevue Wa 98015 Sale Price . Use :253 Com,Retail Store,25K+ Sqft Asd.V :$4, 970,300 Lgl :LOT 3 UNION AVE SAFEWAY - BSP Q:SW S:10 T:23N R:05E Bedrm: Bth F3H: / / Stories:1 BldgSF:61, 470 Ac:5.67 YB:1996 Ph: * MetroScan / King * Owner :Us Bank Of Washington Na Trustee Parcel # :880500 0040 02 Site :4350 NE 4Th St Renton 98059 Sale Date :11/20/96 Mail :4350 NE 4Th St Renton Wa 98059 Sale Price . Use :241 Com,Retail Strip,Less Than 10K Sqft Asd.V :$628, 100 Lgl :LOT 4 UNION AVE SAFEWAY - BSP Q:SW S:10 T:23N R:05E Bedrm: Bth F3H: / / Stories: 1 BldgSF:8, 432 Ac: . 94 YB:1996 Ph: The Information Provided Is Deemed Reliable, But Is Not Guaranteed. 1^Y 0 Proposed Mitigation Measures: C.1®'t1 The proposal to subdivide the subject site Into four parcels does not include a specific development application at this C� time.MBigallon would need to be determined for Individual development that would occur on the site. 'rQ� j 1.ApplicanUowner shall be responsible for the ImDlemenlation of measures to mitigate impacts to the wetland and ivy, stream areas on the subjeU site al the time that disturbance occurs in conjunction with the short plat,ores part of a specific development application,whichever occurs first. NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF Comments on the above application must be submitted in writing to Jennifer Toth Henning, Project Manager, NON-SIGNIFICANCE-MITIGATED(DNS-M) Development Services Division.1055 South Grady Way,Renton,f r 98055,by 5:ei PM on March tic lion. If you nave questions about Ihls proposal,or wish to De made a party of record and receive additional notification by mall, cenlact Ms.Henning al(425)400-7288. Anyone wno submits written comments will automatically become a pang of record and will be notified of any declsion on this project. DATE: FEBRUARY 25,1999 CONTACT PERSON: Jennifer Toth Henning(425)430-7286 LAND USE NUMBER: LUA-99-012,SHPL-A,ECF IPLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION I APPLICATION NAME: Ribera Short Plat PROJECT DESCRIPTION: The applicant,Tim O'Kane of Northwest Retail Partners,proposes to subdivide 9.2 acres into four parcels for eventual development of commercial uses. Two wetland areas and a drainage corridor Identified as Maplewood Creek are located on the site. Project requires Administrative Short Plat Approval end environmental review. PROJECT LOCATION: 4301 NE 4th Street _'•,.. lc--.,S.)i .gyp_j �_f` OPTIONAL DETERMINATION OF NON-SIGNIFICANCE-MITIGATED(DNS-M):As the Lead Agency,the City of e a v'`�:y I+• • �• 1 I,;5 Renton has determined that significant environmental impacts are unlikely to result from the proposed project. ,,A,,9 l e'!" ,I r:i 1�• ` -, • Therefore,as pemubed under the RCW 40.21 C.110,the City of Renton is using the Optional ONS(M)process to give C 'Y_', SI t:'' ‘ - r-;,;; -:: I` -l' notice Thal a DNS-M is likely to be issued.Comment periods for the project and the proposed DNS-M are integrated into 3'A"YI• !3 �F a single comment period.There will be no comment period following the issuance of the Threshold Determination of v .. `• (_ !:-�1 ,.a-ter. r,e,; Non Significance Mitigated IONS-M).A 14 day appeal period will follow the issuance of the ONS-M. ! t• • G-o PERMIT APPLICATION DATE: FEBRUARY 5,1999 �,1Yi9». ! • A•'jFl .1 j, r� ..I ,, ,' •�u a •••• f I • • trInT NOTICE OF COMPLETE APPLICATION: FEBRUARY 25,1999 (1. tr y �� a ....RI/ .t 1, )_ _ rll � f APPLICANT: Tim O'Kane „� s , I fi( .. ' `.1-•41.'" 1iMM717�[EEOR lrtRfIIIG Northwest Retail Partners,Ltd. - in • 600 University Street,Suite 3012 - II • - r. _ • - Sealtle,WA 98101 'n -,Je•-( 1-•s ef -, ."1 -v- -• T OWNER: Diana Lee Ribera -- I ,;; <xry•� __ s t • _, �' F�e Ribera-Balko Enterprises Family Limited Partnership _ •j•.� 2 n PO box 68562 d- c,b t • - Seattle,WA 98168 ` j )•�'e _ ' _ ^�I ��11 •I•_- - d d Pertnits/iteview Raquestetl: Environmental(SEPA)Review,Administrative Short Plat Review I if 1 1','1', -� I _.-) a 4 ylr •I, ion q` 1 i _ Other Permits which may be required: Hydraulic Project Approval(HPA)from Washing Department of Fish and r •.•� •" s ° `• o-•• L.,__4 Wildlife _ich _- .•,..Is -- - _ •if) sa• , - i Requested Studies: Wetland and Buffer Restoration and Enhancement Plan . " '(;._a' , j a • v" _ j Q of Location where application may - _ --' I L -•° a A.• •I-._ - -j' y _ - • be reviewed: Planning/Building/Public Works Division,Development Services Department, i) t-•--- w�(,71 r''a - -`I o - 1055 South Grady Way.Renton,WA 98055 11 �, _ �' yp .• -I- Y y�-1� PUBLIC HEARING: None required. - - - 1'r I r,:' ':.,?-' .,,T.• ...•j 'b„ CONSISTENCY OVERVIEW: - I: I '1•i •; -:- �-- t/ Land Use/Zoning: The project site is designated Center Suburban(CS)on the Comprehensive Er' - I 1 I �'(_., -ti`I f'•`! , y;.s• ` _Tit, _ Plan Land Use Map and coned Center Suburban(CS). -3:. h•'I �' °I .•- _ - ..'-I Density: Not applicable. CA I 'i- r.l" - .- :� a '"- Environmental Documents that II I ---- '*" �ro: •or;Tr)4,1 F� •' Evaluate the Proposed Project: None I i� 0,�`,9 t�. J' T` I + f, - Davelapmenl Regulations l :,• t}; t .3 •'S '- Used For Project Mitigation: The proposal is subject to the City's Environmental(SEPA)Ordinance,Zoning i ^`t. Q -,, t!''�1la . Code,Public Works Standards,Uniform Fire Code,Uniform Building Cods,etc. f f%. ::.-e.a.1' ? - ... • GENAULor.Doc GENMALOT DOC CERTIFICATION I, cz �rt , hereby certify that 3 copies of the above docisals nt were posted by me in 3 conspicuous places on or nearby the described property on • -�a r-y z Gp 1 %i99 , Signed: ii„-- ATTEST: Subcribed and sworn before me,a Nortary Public,in or the State of Washington residing a riS a.�^ , on the r cl day of 17->\.& t,t 19q 9 . _ \ l i. cA.cf — MARILYN KAMCHEFF COMMISSION EXPIRES 6/29199 c(vx „1„Trcu NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE - MITIGATED (DNS-M) DATE: FEBRUARY 25,1999 LAND USE NUMBER: LUA-99-012,SHPL-A,ECF APPLICATION NAME: Ribera Short Plat PROJECT DESCRIPTION: The applicant,Tim O'Kane of Northwest Retail Partners, proposes to subdivide 9.2 acres into four parcels for eventual development of commercial uses. Two wetland areas and a drainage corridor identified as Maplewood Creek are located on the site. Project requires Administrative Short Plat Approval and environmental review. PROJECT LOCATION: 4301 NE 4th Street OPTIONAL DETERMINATION OF NON-SIGNIFICANCE-MITIGATED(DNS-M): As the Lead Agency,the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore,as permitted under the RCW 43.21 C.110,the City of Renton is using the Optional DNS(M)process to give notice that a DNS-M is likely to be issued. Comment periods for the project and the proposed DNS-M are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non-Significance Mitigated(DNS-M). A 14 day appeal period will follow the issuance of the DNS-M. PERMIT APPLICATION DATE: FEBRUARY 5,1999 NOTICE OF COMPLETE APPLICATION: FEBRUARY 25, 1999 APPLICANT: Tim O'Kane • Northwest Retail Partners,Ltd. 600 University Street,Suite 3012 Seattle,WA 98101 OWNER: Diana Lee Ribera Ribera-Balko Enterprises Family Limited Partnership PO box 68562 Seattle,WA 98168 Permits/Review Requested: Environmental(SEPA)Review,Administrative Short Plat Review Other Permits which may be required: Hydraulic Project Approval(HPA)from Washing Department of Fish and Wildlife Requested Studies: Wetland and Buffer Restoration and Enhancement Plan Location where application may be reviewed: Planning/Building/Public Works Division,Development Services Department, 1055 South Grady Way,Renton,WA 98055 PUBLIC HEARING: None required. CONSISTENCY OVERVIEW: Land Use/Zoning: The project site is designated Center Suburban(CS)on the Comprehensive Plan Land Use Map and zoned Center Suburban(CS). Density: Not applicable. Environmental Documents that Evaluate the Proposed Project: None Development Regulations Used For Project Mitigation: The proposal is subject to the City's Environmental(SEPA)Ordinance,Zoning Code,Public Works Standards,Uniform Fire Code,Uniform Building Code,etc. GENMALOT.DOC ?:oposed Mitigation Measures: The proposal to subdivide the subject site into four parcels does not include a specific development application at this time. Mitigation would need to be determined for individual development that would occur on the site. 1. Applicant/owner shall be responsible for the implementation of measures to mitigate impacts to the wetland and stream areas on the subject site at the time that disturbance occurs in conjunction with the short plat,or as part of a specific development application,whichever occurs first. Comments on the above application must be submitted in writing to Jennifer Toth Henning, Project Manager, Development Services Division, 1055 South Grady Way, Renton, WA 98055, by 5:00 PM on March 12, 1998. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact Ms. Henning at (425) 430-7286. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Jennifer Toth Henning(425)430-7286 PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION • .,- ELF114':"' n • th :4. �- /... . i i . 4 s•' . 4l �I��. fill li.i ' •k....+. .I sT • A _�I Fl�r 1 hill 4,11,.c..1„.irk .i,,, 1„, 1,N, MI sr .I . .7.(:vir,"•,....T.T(fr,-, 3,1, sp. c .... %.,.,..,;i„,... .;.:,;..2.4......,..„„,..• „ I '11 .I l i__i_. 44 is -^ •oofr d `� a R.A ''' •".Ic -.n, r sT� 1�yyyyyy p�.}'POI _ 1 --. -1..v ^. S-• a i 4 /Zra... ,' 110014 q'POI 'Ob•,-,Tp' _ t .,Fi.9 -_ o ., ° ','I'�;- '%l. ik A •`: '; E': .i....• i� ' a n, •.04 R d • „ 6'CEP = ..* 17. 15 .1 o • m' .� , t enmxrl '€ 42v; PM -..ato. ...� •_.•.- 0 ..� a .. ,: �.. �. y ie - ..._ I '..,I^„•— i-..,.., ' .� r, ;i ,.. vs.V.' 4, �B�yye 0 1 {xli `� TIII I .-a'..... _y;Sf''d a e.: m. 0 i x. - •r� m a I' 1 y y e .. er. S t, NI I . il k. s -' II- 1 -4 !i I . -. Iv y s a ��...�.i7 �• e , a ��m e w jr .L J II��I ♦ r 'R J1 �p.. I I _-. I mo'' - 61Ai z 3 44,_ 1. ►PItR"s PLAT . 1 c 1 I X t0_I'19 MARTIN'. ACRE TRACT*. 1 '. ,.. _ -- •- ' w. py I + a'! J d• l _ ..... ` p htp RM .,t r oil : 1 S _ 4 "tom •IA• T`PC ,'• ,,l Y^01 ..sc n. n. • - • ..Av 60 i LL . M 1 .u' ..a�yr ll am rC1 � T,t),"! • a_ IRk' I .. B_ ,,, " .•►'Y'\[•o�� tl\' ' , .:• ••• N.,,ne°•n°oe GENMALOT.DOC •• CITY OF RENTON ma Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator February 25, 1999 Tim O'Kane Northwest Retail Partners 600 University Street, Ste 3012 Seattle, WA 98101 SUBJECT: Ribera Short Plat LUA99-012,SHPL-A,ECF Dear Mr. O'Kane: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. It is tentatively scheduled for consideration by the Environmental Review Committee on March 16, 1999. Prior to that review, you will be notified if any additional information is required to continue processing your application. Please contact me, at 425-430-7286, if you have any questions. Sincerely, --ennifer ning Project Manager ACCPTLTR.DOC 1055 South Grady Way -Renton, Washington 98055 1 ' ,,..,,:.- - ......... 41 ... CITY OF RENTO[ >�EVELOf'MENT.SEFiVIO);S o.1__V ISION ..;:;::`;>'<::> >:::::»i>: ><> >::> :>:>::; ......... ; A •••T• E 0� PROPERTY 4::Orovv111E13(S)QmoommEnigg . P OJ IN .k1111a'Y.... :: >' '` :.; < Note: If there is more than one';legal owner,please attach an additional notarized Master Application for:each owner PROJECT OR DEVELOPMENT NAME: ?DI k4 A* L t9V S4'11 tz.A�•,�y� ie..‘1 t:2•A CA eScr A7 t NAME: ce0 +4Zi, c r'* j 61."/Ntrers.. AZ1 zk'' 04-.K.0 egtv17-11zt S` finaIL f s•► r• p tear-A1IP PROPERTY/PROJECT ADDRESS(S)/LOCATION: D• 62 1 ADDRESS: S LrA�O r op. iJ.�' {¢Ct►1^ t515,ern,VI WA'. 9816$ C; ,4i� , 'lM- h�.1 "• ✓vlr-. CITY: Ci6.- ZIP: 1 .S,` 60 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): --1 $ 2.1a V07.0 -oS Ej'1,43 Z16 . b0 .-01 / fj 1 $ 2.10- 0e S 1.- be) TELEPHONE NUMBER:I Z i �^tr 1 '1 eic:9 EXISTING LAND USE(S): iievsec . APPLICANT (tf other that owner} .....::.. .... NAME: �I AA c. O 1 PROPOSED L.►...4,.,lj 1 i'4 e'p 4'. , Ab4 IMP e,L6b w 44T24 at,'M 'a't 144' COMPANY (if applicable): W ,`"1 1 'A.,1 L.- EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: f t-k S L . G,E+ . S 4¢Vial344-4 & o U kt 1 L4r7Ks ST. ADDRESS: ‹.V '`1W fire 3012. PROPOSED COMPRFHE SIVE PLAN MAP DESIGNATION (if applicable): CITY: SeiPasitt.71i ZIP: 1.$1 C 1 EXISTING ZONING: TELEPHONE NUMBER: 'Sob 74.5— el2041— 2c4.• 172-• 2'7r.4. PROPOSED ZONING (if applicable): s '"'tbONTACT PERSON SITE AREA (SQ. FT. OR ACREAGE): NAME: T'1W1 G . d t' I1 '�i'G A' F cD) �" t E).2 14CK 4OD, 635 S&1/tk- ' `rb ' COMPANY (if applicable): PROJECT VALUE: ADDRESS: IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? Ci LO, , ,ENT PLAfoUIi'4G CITY: ZIP: CITY OF RENTON IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY FEB 0 5 131 SENSITIVE AREA? A. '77R.f O J , \ieS . TELEPHONE NUMBER: RECEIVED LEGAL DESC TION OF PRQPER•TY (Attach seka,ate sheet I<f;necessary) M A-AT) N & E TYP'� EJF APPLICA TI O FES Check all •application types• that apply. City staff will determine fees —ANNEXATION $ SUBDIVISION: — COMP. PLAN AMENDMENT $ — REZONE $ LOT LINE ADJUSTMENT $ — SPECIAL PERMIT $ g SHORT PLAT $drat• —TEMPORARY PERMIT $ _TENTATIVE PLAT $ — CONDITIONAL USE PERMIT $ _ PRELIMINARY PLAT $ _ SITE PLAN APPROVAL $ _ FINAL PLAT $ _GRADE & FILL PERMIT $ (NO. CU. YDS: ) PLANNED UNIT DEVELOPMENT: $ _ VARIANCE $ (FROM SECTION: 1 _ PRELIMINARY _WAIVER $ _ FINAL _WETLAND PERMIT $ ROUTINE VEGETATION _ MOBILE HOME PARKS: $ MANAGEMENT PERMIT $ _ BINDING SITE PLAN $ SHORELINE REVIEWS: _ SUBSTANTIAL DEVELOPMENT $ _ CONDITIONAL USE $ _ VARIANCE $ — EXEMPTION $No Charge )C ENVIRONMENTAL REVIEW $ 0 REVISION $ — AFFIDAVIT OF OWNERSHIP I, (Print Name)PI Ahl A LBO JrI eeclare that I am (please check one)Xthe owner of the property involved in this application,_the authorized representative to act for the property owner(please attach proof of authorization), and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. p1/t44k L15iv 'Fz -Ar - ' r re b r �/ ATTEST: Subsc ibe and worn ire slai t P• ic, in and , ,1 "'�Ar1-'�O j 1.( }}g' } S '��I 1 l� for th State of re '•il[ . f I� (Name of Owner/Representative) L%tA T liit - ( ignature of 0 ner/Repre, -..;,e,ceti*/.._, \ 4 entative) � 'Ili ,i'28 * CjrzIn? s (Signature of Notary Public) t WAS EThis section to be completed by City Staff) City:Fife Number.: ik - 1 .» A AAD CAPS CAP U CPA CU A CU'H ECF LLA MHP,: FPUD FP PP R . RVMP SA-A SA-H PL SHPI.,N SP SM SME TP V A !: . V H W TOTAL FEES S /) , POSTAGE`PROVIDED ;$ , MASTERAP.DOC REVISED 8/97 Order No. 863863 LEGAL DESCRIPTION: PARCEL A: THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M. ; EXCEPT PORTION THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET, UNDER RECORDING NO. 5813072 ; EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE TF SAME, AS EXCLUDED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 192430; (ALSO KNOWN AS TRACT 2 OF MARTIN'S ACRE TRACTS, UNRECORDED) ; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M. ; EXCEPT THE NORTH 30 FEET THEREOF; AND EXCEPT PORTION CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 632233, FOR STREET; AND EXCEPT THE NORTH 12 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED DECEMBER 16, 1964 UNDER RECORDING NO. 5823627; EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE TH SAME, AS EXCLUDED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 192430; (ALSO KNOWN AS A PORTION OF TRACT 3, MARTIN'S ACRE TRACTS, UNRECORDED) ; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. Page 2 RIBERA SHORT PLAT: PROJECT NARRATIVE The proposed Ribera short plat concerns the property owned by Diana Lee Ribera as General Partner/Owner of Ribera-Balko Enterprises Family Limited Partnership. The subject property measures approximately 9.2 acres (+/-400,635.9 square feet), and includes approximate dimensions of 647' frontage to N.E. 4th Street, by 619' of depth, and is located at the S.E Quadrant of N.E. 4th Street and Union Avenue, N.E. in the City of Renton, Washington. The subject site is zoned Center Suburban(CS),which is consistent with the existing comprehensive plan map designation. The CS Zone was formally called the Community Commercial Zone (CB). The purpose of the CS Zone is to provide for mixed-use commercial centers located outside downtown Renton. It is intended to provide suitable environments for district-scaled retail and commercial developments, not to exceed 65,000 sq. ft. for each use without a conditional use permit. The adjacent properties include zoning designations of both various commercial and residential zones. Currently, the property is improved by two small residential houses that are owned by the property owner, and are rented to tenants on a month to month term. The remainder of the property is unimproved. The two tenants have been notified by the property owner that the property is in the process of being sold, and a proper notice to vacate will be forthcoming at the appropriate time. In general, the topography of the site is flat, with the exception of a slight drop off toward the western boundary line. There is an existing drainage course running through a portion of Lot 2 which is a portion of the headwaters of Maplewood Creek. A topography plan, and wetland delineation report is being submitted as part of this short plat application. The wetland delineation report is submitted by Shannon& Wilson, Inc., and the proposed wetland mitigation report on behalf of Habitat Technologies. The proposed use of the property is for commercial development, with the potential for some multi-family development towards the southern area of the site. The current owner of the property is proposing to short plat the property into four (4) individual lots, and sell them to separate purchaser's. The proposed purchaser's/user's will be responsible for the submittal of site plan application through the City of Renton, the payment of all applicable building permits, and development impact fees. The proposed purchaser's/user's that are known and identified at the date of this application include: RE o- va c 5, A999 REC°\1ED Lot 1 -As proposed: 2.14 Acres (93,218.40 square feet). Approximately 253' frontage, by 369' depth. The proposed purchaser is Aegis Assisted Living Properties, LLC headquartered in Windsor, California. Aegis is interested in developing a senior care facility of approximately 60,000 square feet utilizing a two story building; and adjacent grounds to accommodate residential care for the elderly, to include Alzheimer's and other dementia care. Aegis interest, and subsequent purchase is contingent on the ability to secure a minimum land frontage area as described above. Lot 2 -As proposed: 2.99 Acres (130,540 square feet). Approximate dimensions include 310.06' frontage, by 421.09' depth. The proposed purchaser is the U.S. Postal Service for the purpose of constructing a U.S. Postal facility of approximately 24,000 square feet. The Postal Service has completed their due diligence, and is prepared to purchase Lot 2 upon the Seller's delivery of the recorded short plat. Lot 3 -As proposed: 1.42 Acres Lot 4 -As proposed: 2.69 Acres Lot 3 and 4 may be combined into one lot. No specific purchaser has been identified as of yet for these parcels and it is anticipated that a portion of this area will be utilized as a detention pond to potentially serve the entire future development. The total building coverage will most likely not exceed 25%of the usable site area. The building height's are not known at this time, but will be revealed upon site plan, and building permit application. Access will be provided via N.E. 4th Street, and will most likely include a maximum of three curb cuts to accommodate both vehicle ingress and egress. Parking and landscaping will be provided as per city code. It is anticipated that all the proposed development improvements will adhere to the City of Renton codes and regulations. C:\Documents\Projects\TO-Ribera\Ribera Short Plat 11/17/98 CITY OF RENTON DEVELOPMENT SERVICES DIVISION AFFIDAVIT OF INSTALLATION OF PUBLIC INFORMATION SIGN(S) STATE OF WASHINGTON ) ) COUNTY OF KING ) 1 iz4 , being first duly sworn on oath, deposes and says: 1. On the i day of 'Y , 19 11 , I installed t public information sign(s) nd plastic fly r box on the property located at cv-ve_ S,e, X vt + Dr for the following project: N v.. 411,,,..g, Vri t VA Al e., 1-4 Vt* o l Project name Owner Name 1f ,_ l , v; efriz 1 2. I have attached a copy of the neighborhood detail map marked with an "X" to indicate the location of the installed sign. 3. This/these public information sign was/were constructed and installed in locations in conformance with the requirements of Chap r 7 Title 4 o Renton Mu0 ya Code. Installer Sig ture SUBSCRIBED AND SWORN to before me this (?411 day of F , 19 961 . 1Yk(AJJe '-- NOTARY PUBLIG,inn for the State of Washington, Q` residing at Ke �y CAP MFN . My commission expires on //9, / . PUBSIGNS.DOC o1 /j'R O�J/11/'•G REV.7/98 �V N �VV VF1 6. Responsibility for Update of Sign and Installation of Notices of Environmental Determination and Public Hearings: Once the basic sign, laminated site plan, and plastic case have been installed by the applicant, the Development Services Division will post a laminated notice of the project's acceptance at the site as well as fill the plastic case with loose copies of the same notice. The Development Services Division will subsequently be responsible for posting any environmental determination, notice of hearing, and final decision. Several local companies that provide laminating services are Graphics Laminating (425-251- 3583), Highland Packaging Center (425-226-7573), and Kinko's Copies (206-244-8884). 7. Return of the Plastic Flyer Case to the Development Services Division: The plastic case must be returned to the Development Services Division (6th Floor) prior to plat recording. 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Ie6 IILriLLOA .yy..�n • l � - 9 os a •1kic mitv �' 1RIll I, t Q +Ni1R ' I :x ..<. �ii a 1 -.. ..�,-,-„a,.i'/c ® E .,,.c a l aavoci --rl • -PE =16Wta'.�iir � dr!l:kt !itltyti" © 7R7 ST} ST �� :. . ▪I L3 W 51f.1�c- .e.;*,jTe�iJLrl t7:4•TK 1'LL: e B .. a. 1' IA:�M� � ie. a n.., w • , „ .:111 -. l��w v.w I Im.i.w.». ,, u 1°N AVENUE - — .., i q; I I I f,, 1 . • SYA { i al O r s� :!I-S S�11al' 1 ix1_ al �. $`tom ,® •_._r:.. (ACV, . P; e.s.. ' ©. - `, O@ W ar. 1 , ,, Fr F le ‘‘i; 8 III' — ,e1 11- ‘1,3/41, ? A a ill.al lila 37 a •TA i 41 ' = cNw �E is. I: P/1fR'IS PLAT p Site2 . � jg' —; .I j '� 'O MARTIN' ACRE TRAC in H M ..rf I', 8.. , i e t5'-- , oe.N. I'. UNREC w =f ,• -. ! d „, l. ' k� Per. �I�.qy� Qi { _ o. I• 1111 tit+ J.y a $�M. )I — ,, e "W"Writk }ice {To 4. 1 1:' il_ •. m r. r r IC- ¢�,-t i p- z«..c a Gi6,k_. 2vk O ix t. alalic • O I hr _ AR 1 21IF SE 13T a, • y to Pa ..i.c I Ili sIY 6 r Or .SE r33T Lwy me I ,w - Pin n IVS • • Ye rwr. ^ I Q . ..... ... 1 '•� r ar�� Rai• RA�BaR�• .., •.,- �� sus i ass a 1 .1 � Fk ��,� t, ,i,• sue. ii 1. I 11:273' 4 f G" T ,.A M o p l e w o o c Nei g h b o r h o a o CITY RE 0 F NT0 <> ;:DEVELo PMENT ERVICE DIVISiOI'[ .... >> €<«><><>€><'>< <'<`<<>.1< <`:::.: [ • ENVIRONMENTAL, :CHEC LIST PURPOSE OF CHECKLIST: Tie State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies tc consider the environmental impacts of a proposal before making decisions. An Environmental Impact S'atement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: Tits environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, y)u should be able to answer the questions from your own observations or project plans without the need tc, hire experts. If you really do not know the answer, or if a question does not apply to your proposal, rite "do not know" or"does not apply". Complete answers to the questions now may avoid unnecessary delays later. ome questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. DEVELOPMENT PLANNING CITY OF RENTON FEB 0 5 1999 RECEIVED Environmental Checklist A. BACKGROUND 1. Name of proposed project, if applicable: 4Z1k7 !24- c 14612T tl-ArT' 2. Name of applicant: Ttwl c . 6!),' (4 3. Address and phone number of applicant and contact person: " 41- 4 PA-1`r S LsT'b. (.7atf) VNtlops mil 4fi sv 4 3a12 e -cru uu°r- slot 144•(2 te,f 4. Date checklist prepared: -' Ili- 5. Agency requesting checklist: G egr iZeksArartNI/-'121/4 171-4/t+440•16 ISv11 � rtn41"-• wr}z 6. Proposed timing or schedule (including phasing, if applicable): ep•14Zigrr FLAtT' fizac,65S KIN, •'t e• ' . ''° s ¶..AJ C't avA.c.- .ez t3c-t .M VT'T+Ll 6, 06tAVMPAle. 6 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. • 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. tmel I..s4titp tee ,a t\I Al SS /.IJ 'P, P t 6(22. (`7'4$ v 4P 0 D%W hi ALT1 a4 tR•G''PeaT_ gt'$tN 'cl 0`7 41.1A4rAteki is tv t t.SQ4 k t KiG• 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Na 10. List any governmental approvals or permits that will be needed for your proposal, if known. 14 err elisAQ 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. CP-M - AWL 1 e-44-1 es4 1 S P.•te epteSt4 pt VkID C S I• t T"`FI-- t rvl Co S1/15r0156T r z �4-ote94clee.cc--. t krir, ` —61 C4✓ -ors, L ell- I As I r) a,► p S VY3imt t 7 FLAW �k- �-+,In is sc trU'9b `r, t,e- s cat) "p t S U✓aZ�'Y� ► S(/tl-t✓ Z. 1 4' tn/t-�1G�-I '� 1- . 'T� eage 2,v5 Prs5 t 9 LL V 1 ri(' Atft>t/trr G 6)► 1--c 2- r L, �,&21/>< . - 6-1s VW1s — opl/ l�S� �P `� `t' 1/•S. ^PTA r . 2 r n U sr �-e OF2 . 6q A- w% .x -kE co Im412-1 5 AvIb po sS t t3t-)1 v 4\ p l- ig• / . En.ironmental Checklist 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. AcZACAVO) B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle oner flat dolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope?) cP1 'P<- . c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Mt> G KoiriviaJUI cwt.,,/ 1r,:7A-IA cry- aort S v1K. L d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. ‘'t Po k46m1 " e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. " CPC ►'-or }e-'OW " g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? S91 tMA/W 974M1 V '22 `7e \AA 1/1. #51,bg . Uc m! 1-gs+12 Te4W10 6 t t G t26 - 011 m ut.- true- h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: " cp o +,1 err 14,,E0'W f 3 • Environmental Checklist 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. 1 i It> 7 4.- T te-ki ew n c. Proposed measures to reduce or control emissions or other impacts to air, if any: " Po hidr 11-1-4014 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If a pro riate, state what stream or river it flows i to 1 )04A41,6c:dup,S 2 +41 p-m V1A�4�1,:v 71 t& Itr 'P oer'[► dF ¶''� %44VI 2) Will the project require any work over, in, or adjacent to (within 200•feet) the described waters? If yes, please describe and attach available plans. r t `p0 �^► ,01/ " 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Po t 'T t--44erw 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. hI D 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. 4 Environmental Checklist b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. `btu Or KAI ert.0 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. ' N 8f t .4.16LU " c. Water Runoff(including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. Sy1gtpi c 9 1^' t 1:424 I t4, t i t 'P i kt 4 ccso .gC A-4 ' e e44.4.13gb 3. 2) Could waste material enter ground or surface waters? If so, generally describe. 176 hi er 14-hid v " d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: rp o nl 6I' t4446►4v " 4. PLANTS a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other x evergreen tree: fir, cedar, pine, other shrubs X grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eel grass, milfoil, other X other types of vegetation c_ANI Aviv b. What kind and amount of vegetation will be removed or altered? c. List threatened or endangered species known to be on or near the site. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: L, Yr) Sr M 14601,V 5 Environmental Checklist 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: 11 -- 4, v Birds: hawk, heron, eagle, songbirds, other Mammals: deer, bear, elk, beaver, other Fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. c. Is the site part of a migration route? If so, explain d. Proposed measures to preserve or enhance wildlife, if any: u 1a b46r j-Jt7W " 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. rt P o +4d id-NOW ►r b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. NI D c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: P a $461" (4 " 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. N 1) Describe special emergency services that might be required. 2) Proposed measures to reduce or control environmental health hazards, if any: 14e5r (4tJ-aW " 6 Environmental Checklist b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? 1419\1 . 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. 6L t' 54-11 c s -vSP ail 1 d ge 7?va ae cv-4s Snv Op 01,.4 . 3) Proposed measures to reduce or control noise impacts, if any: (1).6. P4 µOw " 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? StcpE : Z. 44bvSec t i4- µ'[2 - }be* AIL', e-d'i44H44712.&L,1'I� { tnie b. Has the site been used for agriculture? If so, describe. c. Describe any structures on the site. qA^'a H ousts Af l4 4 13*- d. Will any structures be demolished? If so, what? �,EE l Avp t-i.-p vez.F5 e. What is the current zoning classification of the site? g st43t/z.1 f. What is the current comprehensive plan designation of the site? g. If applicable,what is the current shoreline master program designation of the site? /A, h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. " Po N d1N Il Approximately how many people would reside or work in the completed project? `` p b �' i\j‘ovtl Environmental Checklist j. Approximately how many people the completed project displace? C1-7 k. Proposed measures to avoid or reduce displacement impacts, if any: I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: hce0 VT'/ li pro5e6ovve-Jes, 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. c. Proposed measures to reduce or control housing impacts, if any: 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. I l\ Neff- 'r 461/V $l b. What views in the immediate vicinity would be altered or obstructed? ` O-b hi-dr td' -4z t'V' c. Proposed measures to reduce or control aesthetic impacts, if any: 'Pe i4a ' t&44-61,v 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? ,D wo. e1 N b. Could light or glare from the finished project be a safety hazard or interfere with views? 8 Environmental Checklist c. What existing off-site sources of light or glare may affect your proposal? '1 7o iW - dw �� d. Proposed measures to reduce or control light and glare impacts, if any: t` ?20 p4dc' F-NIoW t, 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? b. Would the proposed project displace any existing recreational uses? If so, describe. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: N d 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. 1J. O b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. c. Proposed measures to reduce or control impacts, if any: E�D Kl eor s.l-tsW " • 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. V4t 6h1 t S aLo$ecrr t µ'SS 12-Svarcl dA b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? /\ie c. How many parking spaces would the completed project have? How many would the project eliminate? t\ \D Vier id-46/ " a Environmental Checklist d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? F FCAO I IAAQt40 ,I 1 -04IB , 6vc t S't Ge'{I✓M'1z , ' I_I ��^�'1 hi 6. 'J se `'t"`1 5 - A {71/13 Lt6 16)2 [ e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. IN f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. ao .46V ' aW' +� g. Proposed measures to reduce or control transportation impacts, if any: ". D ktor '1. .,LJW t t 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. k 170 s 461. t41,46 A 'l b. Proposed measures to reduce or control direct impacts on public services, if any. " 'QO ►( 6j' A.4.1.1114/ " 16. UTILITIES a. C' - uti '=- urren — v• • de at the site: 74alr , natural gas, refuse) elepho - anitary se er, septic system, o er. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Cl PO ior C. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non- significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of fu s osure on my part. Proponent: Name Printed: CT—'L e7r 4-'5y4 Date: V I r 10 Env ronmental Checklist D. SUPPLEMENTAL SHEETS FOR NONPROJECT ACTIONS (These sheets should only be used for actions involving decisions on policies,:00lahtVand programs. You do not need to fill out these sheets for project actions.) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases are: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3 How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: 4 How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, flood plains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts are: How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: 11 Environmental Checklist 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non- significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent: Name Printed: Date: ENVCHLST.DOC REVISED 6/98 12 +4254307300 RENTON DEU SUCS/PLAN 509 PU1 DhL 1 -Jd 13:40 . .. . . DEVELOPMENT SERVICES DIVISION .. WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE .. 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Development Planning Section B0R5T 1999 n.‘ilivi3cn.suleveiop.sertoev.olari ino\wAiv.r*I RECEIVED DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY: BY: X. Calc ilations, Survey., c-e-f-pra-fit x Drainage Control Plan 2 >' . 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Property Services Section PROJECT NAME: � d ��` t Flat 2. Public Works Plan Review Section I (�/ 3. Building Section DATE: Z7i /Q a 4. Development Planning Section C VELOPMENT PLAT:',:.''G CITY OF RENTON Cl7Y OF RENTOI PLANNING/BUILDING/PUBLIC WORKS FEB 0 5 1999 MEMORANDUM RECEIVED DATE: July 30, 1998 TO: Pre-Application File No. 98-60 FROM: Jennifer Toth Henning SUBJECT: Ribera Short Plat/Development Proposal Pre-Application Comments General. We have completed a preliminary review of the pre-application materials for the above- referenced development proposal. The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision makers (e.g.,Hearing Examiner,Zoning Administrator, Board of Adjustment, Board of Public Works, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. As we understand the proposal,the applicant intends to subdivide the 9.2 acre parcel into 3 or 4 lots. Eventual development is anticipated that could include a post office, adult day care, and mini-storage facility. 1. Zoning. The proposal is located on a site zoned Center- Suburban(CS). This Zone was formerly called the Community Commercial Zone (CB). The purpose of the CS Zone is to provide for mixed use commercial centers located outside downtown Renton. It is intended to provide suitable environments for district-scaled retail and commercial developments,not to exceed 65,000 s.f. for each use without a conditional use permit. The uses could serve more than one neighborhood, but not provide City-wide services. Post office substations are permitted in the CS Zone. Adult day care with a maximum of 12 people being cared for on non-residential property is permitted. Self-service storage requires the approval of a Hearing Examiner Conditional Use Permit(CUP), and the self-service storage must be part of a mixed use development, and not exceed 65,000 square feet in size. Development standards of the CS Zone limit development of any single commercial use on a site to 65,000 gross square feet, except by conditional use permit. The minimum front/street setback required is 10 feet. The minimum setback may be reduced through the site plan review process. The maximum setback from the streetside facade of the structure is 15 feet, but may be modified by the \TS SERVER\SYS2\COMMON\H:\DIVISION.S\DEVELOP.SER\DEV&PLAN.INGUTH\PRE-APPS\RIBERADOC July 30, 1998 Page 2 reviewing official, subject to specific site plan review criteria. No rear or sideyard setbacks are required. Since the property abuts lots zoned for residential use, a 15-foot wide setback is required, subject to the landscaping provisions of the City Code. Height is limited to 50 feet(and any overriding airport restrictions). Lot coverage is limited to 65%for building area. Lots abutting public streets must be landscaped with a minimum landscaped strip of 10 feet, except where reduced through the site plan review process. A pedestrian connection is required from the public entrance to the street,unless the reviewing official determines that the requirement would unduly endanger the pedestrian. Surface-mounted and roof-mounted equipment must be screened from view. Garbage and recyclables areas must be screened, except for access points. 2. Short Plat. Subdivision creating four or fewer parcels is processed administratively. Sites with wetlands or sensitive areas require environmental review. Due to the presence of wetlands the site would require environmental review. The combined process for subdivision and environmental review would take approximately 8 weeks to process. Subdivision requires that a 4' x 8' sign be installed on the property to alert neighbors of the subdivision application. Refer to the application packet. 3. Environmental Review. The applicant will need to submit an up-to-date wetlands delineation with the project application. Even though it is a federal facility,the post office would be subject to City of Renton environmental review, if thresholds are triggered. 4. Site Plan Review. For development proposals in the CS Zone, Site Plan Review is required. Since the site abuts residentially zoned parcels, a public hearing would be required. 5. Conditional Use Permit. For the proposed mini-storage, a Conditional Use Permit would be required. This would be decided by the Hearing Examiner, and a public hearing would be held. If the development requires a conditional use permit,then the CUP process takes the place of the Site Plan Review process. 6. Impact Fees. The proposal to subdivide would not trigger impact fees. Development of the site would trigger the Fire Mitigation Fee ($0.52/s.f.)and Traffic Mitigation Fee($75/each new average weekday trip). cc: Jana Huerter jpM.^ N�Y+Y� 1 JUL 2 0 1998 MEMORANDUM E: I A?iC 'GIC:c 4w^;;i aY DATE: -7 /( 7.(jd' TO: Long Range Planning FROM: Jim Hanson, Development Services Division Director • SUBJECT: New Preliminary Application: /2,C CZ p Jt°o LOCATION: f{l O 6/ ( /‘( Please review the attached preliminary project plans for consistency with applicable Comprehensive Plan Policies. PI ase submit your written comments to no later than Zg . Thank you. We will not be able to include comments received after this date in the presentation/summary we prepare for the applicant. ala( 7)Z4- L CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS,AND STRATEGIC PLANNING MEMORANDUM DATE: July 27, 1998 TO: Jennifer Henning /f-a FROM: Rebecca Lind STAFF CONTACT: Owen Dennison (425 430-6576) SUBJECT: Ribera Project Preapplication(98-60) (4200 block of NE 4th Street) The site is designated Center Suburban on the Comprehensive Plan Land Use Map, and zoned CS. Centers are intended to be intense mixed-use places which are pedestrian oriented and which provide community focus for their surrounding neighborhoods. Uses most appropriate to these areas are those that provide the daily and weekly needs of the residents of the immediate and surrounding areas, that contribute to the general economic vitality and that serve to integrate of the district. The boundaries of the Centers are intended to remain long-term. Hence, it is imperative that the land within the Centers be used efficiently and in a manner that supports the intent of the designations. Objective LU-Q: Encourage a wide range and combination of uses, developed at sufficient intensity to maximize efficient use of land, support transit use and create an urban district. Policy LU-102. Site and building design and use should be oriented primarily toward pedestrian/people to maximize pedestrian activity and minimize automobile use for circulation within the center. Policy LU-97. Encourage multi-story office, commercial, and multi family uses. Policy LU-98. Discourage single story suburban style development. It is this policy intent for the Center Suburban designation that is the basis of several consistency issues with this proposal. To some extent these are also issues of code consistency. Self-storage use. Self-storage does not contribute significantly to commercial activity areas nor does the use particularly generate or support pedestrian traffic. Under the proposed subdivision, the use would occupy over half of the original site area and over 20% of the usable street frontage. To increase consistency with the Comprehensive Plan, the self-storage use should be restricted to the southern portion of the site. Along this site boundary, the use may offer some benefit as a buffer between the residential area to the south and more intensive uses nearer the arterial. Primarily, however,this would allow the more valuable street frontage to be developed for uses more consistent with the intent of the designation. \\TS_SERVER\SYS2:\COMMON\-\\TS SERVER\SYS2\COMMON\DIVISION.S\P-TS\PLANNING\PREAPP\CS\Ribera.doc\o July 27, 1998 Page 2 Self-storage is allowed as a Hearing Examiner conditional use in the CS Zone as a part of a mixed use development. The conditional use category and the mixed-use requirement were intended to emphasize that the use has limited applicability to the CS designation. Under the conditional use criteria, the proponent must show how the proposal would be consistent with the Comprehensive Plan and must demonstrate a community need at this location. Based on our review of the proposal, the applicant cannot demonstrate either. Additionally, with the proposed subdivision, it does not appear that the mixed-use criteria can be met. Pedestrian orientation. Encouraging pedestrian access and activity is an important element of the Centers designations, as noted in Policy LU-102 above. The proposed site design does not appear to particularly support or encourage pedestrian circulation. The building pads shown on the Preliminary Site Plan are set back over 90 feet from the sidewalk, and the structures appear to address the parking areas rather than the street. Additionally, there is little visual or physical integration of uses in terms of pedestrian or vehicular connections. The result is essentially a strip commercial development. Policy LU-293. Private development projects should be encouraged to orient toward the street and to encourage creativity in project design and landscaping in the abutting right-of-way. Policy LU-111. Site plan designs which locate parking lots associated with commercial uses, apartments or other uses behind or adjacent to structures are encouraged. Discourage parking lots from locating between structures and street rights-of way. Policy LU-120. Promote the clustering of community commercial uses and discourage the development of strip commercial areas. It is recommended that the proponents reconsider the site design to emphasize a visual and physical integration of uses with each other and with the street. Particular regard should be paid to pedestrian access. To achieve these ends, the proponents are encouraged to explore options for parking areas away from the street frontage. c,r)- MEMORANDUM (�cO^/ Lv -3. DATE: 7 (6 / �i,,,y'''ijiV.1 ,r TO: Construction Services, Fire Prevention, Plan Review, Project Planner FROM: Jim Hanson, Development Services Division Director SUBJECT: New Preliminary Application: ,/Z.t_hl'A) "'Tea- LOCATION: '76, OO tL a/ 4-A- Stet • A eeting with the applicant has been scheduled for //.00, t Thursday, &W-``- for one of the 6th floor conference rooms (new city h ). this meeting is scheduled at 10:00 AM, the MEETING MUST BE h CONCLUDED PRIOR TO 11:00 AM to allow time to prepare for the 11 :00 meeting. Please review the attached project plans prior to the scheduled meeting with the applicant. You will not need to do a thorough "permit level" review at this time. Note only major issues that must be resolved prior to formal land use and/or building permit application submittal. If you are unable to attend the meeting, please send a representative. Please submit your written comments to A2 Q4 at least two (2) days before the meeting. Thank you. / ✓ 6 17 o Y O� . CITY OF RENTON FIRE PREVENTION BUREAU -wNTO MEMORANDUM DATE: July 21, 1998 TO: Jennifer Toth Henning, Planner FROM: Jim Gray, Assistant Fire Marshal 1- SUBJECT: Ribera Project, 4200 Block NE 4th St. Fire Department Comments: 1. The preliminary fire flow is; 3250 GPM for the Post Office, 2250 GPM for the Fast Food Restaurant, 3750 GPM for the Retail Store and 3750 tO 4000 GPM for each of the Storage Buildings. One hydrant is required within 150 feet of each structure and three additional hydrants are required within 300 feet of the structures. 2. A fire mitigation fee of$11,388.00 for the Post Office, $1,300.00 for the Fast Food restaurant, $3,889.60 for the Retail store and $30,331.60 for the Self Service storage buildings is required based on $.52 per square of building square footage.. 3. Separate plans and permits are required for the installation of Fire Alarm systems , sprinkler and kitchen hood suppression systems. 4. Fire Department access roadways are required to within 150 feet of all portions of the building exterior. Roadways are a minimum 20 in width with a turning radius of 45 foot outside and 25 foot inside. 5. Fire department dead-end access roadways over 150 feet in length are required to have an approved turnaround. 6. Provide a list of the flammable, combustible liquids and any hazardous chemical to be used or stored on site. Please feel free to contact me if you have any questions. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: JULY 29, 1998 TO: JENNIFER HENNING FROM: NEIL WATTS SUBJECT: PREAPPLICATION REVIEW RIBERA PROJECT We have reviewed the above listed project and have the following comments: WATER • There is an existing 8" water main located in NE 4th St adjacent to the site. There is also a 10" water main connecting into this 8" main from the north at the easterly end of the site. The site is located in Aquifer Protection Zone 2. The site is located in the Highlands 565 pressure zone. • If the site is developed with a water loop system, with the easterly connection directly at the node where the 10" main connects to the 8" main, then the available fire flow capacity for this site development is 4400 gpm. • A looped water main system through the site will be required if the fire flow requirements for any of the buildings exceeds 2500 gpm. Additionally, an extension will be required to the southerly margin of the site. • Water System Development Charges of $0.113 per square foot of the property will be required upon issuance of the construction permit and/or building permit for the site development. SEWER • There is an existing 24" sewer main located in NE 4th St adjacent to the site. There is also a 15" sewer main running through the middle of the site from NE 4th St to the south. • No sewer main extensions will be required for this proposal. • Sewer System Development Charges of $0.078 per square foot of the property will be required upon issuance of the construction permit and/or building permit for the site development. JULY 28, 1998 PAGE 2 SURFACE WATER • There is an existing drainage course running through the middle of Lot 2 which is a portion of the headwaters of Maplewood Creek. There is culvert crossing NE 4th St which convey runoff to this drainage course. This system conveys runoff from the east, including runoff from the Orchards development and as far north as NE 10th St and Anacortes (Mission Hills Plat). There is also a developed pipe system to the west of site which drains into this same drainage course which conveys runoff from as far north as NE 10th St and Union Ave NE. • A conceptual drainage plan and drainage report will be required for the site plan application for this project. The conceptual drainage plan shall include provisions for detention and water quality treatment in compliance with the requirements of the KCSWM. • Relocation of the existing drainage course will require approval from the State Fisheries Department. There is no assurance that this relocation will be approved by either the State or the City. Setback requirements greater than 25 feet may be required. • There are ongoing erosion problems in downstream portions of Maplewood Creek. Therefore, additional detention requirements will be recommended as a SEPA condition to address this adverse impact. The recommended detention requirement for this project will be as follows: The release rate for the developed site shall be limited to 50% of the predeveloped 2 year 24 hour storm event through the 2 year storm event, with a safety factor of 10% in the detention volume. The release rates for the developed site shall be limited for the 5 year, 10 year and 100 year storm event to the predeveloped rates for those events, with a 30% safety factor for the 100 year storm event. • Surface Water System Development Charges will be required for this project ($0.129 per sq.ft. of new impervious surface) TRANSPORTATION • NE 4th St adjacent to the site is only improved with pavement and c-curb, with no gutter, sidewalk or street lighting. • Full frontage improvements will be required for this proposal, including concrete curb, gutter and sidewalk, with a minimum five foot planting strip between the curb and sidewalk. Street lighting to City standards will also be required. All electrical, telephone and cable services to the new buildings must be undergrounded. • The proposed driveway locations on NE 4th St are not desirable locations, and may not be recommended for approval by staff. The driveways should be located to the extent possible to line up directly across from the existing driveways on the north side of the street, to reduce accident potential from conflicting left turns from both sides of the street. • A traffic report should be prepared for this project. This limited traffic report should address possible impacts to the signalized intersections at NE 4th St & Union Ave NE and NE 4th St and Duvall Ave NE. A traffic analysis should also be prepared for the proposed driveways onto NE 4th St, with particular emphasis on discussion of the viability of left turning JULY 28, 1998 • PAGE 3 movements in and out of the site. Trip generation values should be estimated for both the proposed uses on the site. • Traffic mitigation fees of$75 per average daily trip will be required for this proposal. GENERAL • The site plan application for this project must include a conceptual utility plan showing all existing and proposed utilities, including sewer mains, manholes, water mains, valves; hydrants, drainage facilities, drainage mains and catch basins. All existing utility easements on the site must also be shown on the site plan. A complete conceptual drainage plan, with a Level 1 downstream analysis and appropriate calculations for water quality treatment facilities and detention requirements shall also be included in this application. • All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a registered Civil Engineer. The construction permit application must include a itemized cost estimate for these improvements. The fee for review and inspection of these improvements is 5% of the first $100,000 of the estimated construction costs; 4% of anything over $100,00 but less than $200,000, and 3% of anything over $200,000. Half of this fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. There may be additional fees for water service related expenses. O • . l iii • 0 RESERVED FOR 0 Filed for Record at the Request of; THIS SPACE RECORDER'S F.fter Recording, Mail to: USE: Cairncross & Hempelmann, P.S. Attention: Timothy J. McDevitt 70th Floor, Columbia Center o 701 Fifth Avenue o Seattle, Washington 98104 ' ,~r QUIT CLAIM DEED N m :ti ' m o m ;W 1. Grantors. The undersigned, Diana Lee Ribero, is t e ,, duly appointed, qualified and acting Personal Representative of the Estate of Ada Balko, deceased; and the undersigned, Henry tn 4 \ Balko, is the surviving spouse of Ada Balko, deceased ("Grantors o herein). L) 2. Estate. Ada Balko died on June 4, 1991. On June 26, o LC) 1988 (the "Will') was 0 �� N 1991, the Will of Ada Balko dated July 20, n admitted to probate, and Diana Lee Ribera was appointed Persona N • ` - Representative in the State of Washington Superior Court of King Nor Q-• County in Cause No. 91-4-00671-4 (the "Probate Proceedings"). w CDN . 3. Nonintervention Powers. By Order of Solvency entered 7` on June 26, 1991 in the Probate Proceedings, Diana Lee Ribera was o , ' authorized to settle the Estate without further court i intervention or supervision. • `` `/.oA 4. Described Community Real Property. Included among the • C/� �/JCivrp property passing under the residue of the Estate of Ada Balko, OF�FNPO / „��/ Deceased, was the decedent's community one-half interest in real r� TOiiV N :1 property (the 'Described Community Real Property') described as /' e O �� follows: � �Q �,i The East 1/2 of the Northwest 1/4Township of the N23 North,orthwest 1/4 ofRange 5 C. . the Northwest 1/4 in Section 15, •E East, W.M., in King County, Washington; , • EXCEPT portion thereof conveyed to King County for S.E• •�• 128th Street, under Auditor's File No. 5813072; , I orr andEPT minell coal the samend asminerals excludedand the in Deedright to recordedeundere - r r, Auditor's File No. 3012446; T unrecorded); • fi (ALSO KNOW AS Tract 2 of Martin's Acre racts, i �11 Situate in the City of Renton, Y of King, State of • ' � CountWashington. ' al 5, Confirmation of Surviving Spouse's Communit DianayLeeeRibera, 11 Interest in Described Community Real Property• Re tati ve of the conveysl and II pquit nEstate claims to HenryHenryBalko, surviving spouse, an • 00'G Md cm 916:731 6W107 nix Hd CO IE EO SSE2 616026__,. r , 0 • undivided one-half interest in the Described Community Real ' Property, which interest represents the surviving spouse's one- half interest in the property that was community property of , Henry Balko and Ada Balko at the time of the decedent's death. • • 6. Conveyance of Estate's One-Half Interest in Described !. Community Real Property. Grantor, Diana Lee Ribera, Personal Representative of the Estate of Ada Balko, hereby conveys and quit claims to Ribera-Balko Enterprises Family Limited Partnership the estate's one-half interest in the Described Community Real Property, together with all after-acquired title `-" - of the estate therein. This interest represents the decedent's 1 ' � one-half interest in the Described Community Real Property at the A. ' time of the decedent's death. c ,,, 7. Conveyance of Surviving Spouse's One-Half Interest in r' Described Community Real Property. Grantor, Henry Balko, hereby ,_ conveys and quit claims to Ribera-Balko Enterprises Family o Limited Partnership his one-half interest in the Described . Community Real Property, together with all of his after-acquired •. title therein. DATED: �n...,, b.- /S , 1992. '4� r e' ! I ul CV Dana Lee Ribera, es Personal • ' i Representative of the Estate of Ada • Balko, Deceased, and not in her i ' CVindividual capacity ON i ' ,-,/,� !tidiet . • ' ' •I Henry Bal '{' STATE OF WASHINGTON ) F ) S6. • COUNTY OF KING ) • i On this /5-4-day of _ (,, , 1992 before me, the - • undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Diana Lee • Ribera, to me known to be the person who signed as Personal • !�► Representative of the Estate of Ada Balko, Deceased, and who ; I executed the within and foregoing instrument, and acknowledged i1 - the said instrument to be her free and voluntary act and deed for ' 11 the uses and purposes therein mentioned; and on oath stated that she was authorized to execute the said instrument as Personal Representative of said Estate. . • • __ •• • • • • . • • Mal • I1koi1PP14B$S WHEREOF, I have hereunto set my hand and official seal t4,,year first above written. —*-- NOTARY PUBLi2 in and for the o PUBLIC •.'__ ; 's N�:;,.c .r�o St to of Washington, residing at 1 '''•,,�senAi!`�, Ry appointment expires i /yam F'' ,! STATE OF WASHINGTON ) 1 ) ss. i COUNTY OF KING ) • w' On this / day of • j or , 1992 before me, the • t• undersigned, a Notary Public in and for the State of Washington, ' u.a duly commissioned and sworn, personally appeared Henry Balko, to j • me known to be the person who executed the within and foregoing . ay instrument, and acknowledged the said instrument to be his free . j, 11) and voluntary act and deed for the uses end purposes therein . - • c`) mentioned; and on oath stated that he was authorized to execute o 1 Ul the said „ ��o`\ instrument as Personal Representative of said Estate. �T S WHEREOF, I have hereunto set my hand and official 1 CD N B¢ • R -egad year first above written. • : NOTARY - = %des PJEUC4r.2 NOTARY C in and for the _ ':,?rF:`LaEa�.� State of Washington, residing at • <-, to •• ,,��,�:WAS;;?.`, My appointment expires /Zr/�S— •�. '1� 147986.1426 ' • • li • 1 1 i . J s 0� _ — . . • Transamerica Title Insurance C _'-`f(.11fikt ,ato ton t at us,. • A Sersict.f • ��Trwwsw werice C.rperation Filed for Record at Request of 0 r 1►IC 1,, REClin(11-I,.. 4f7F KNGC0fy,i.f tt'h 5 r4NomeJ7A.aerfG_ _ Litio..ltx,o A4. J /JD)-c(o. /de` ... Jq,r f n- 0035: f) Adorns ��'� 6 � LL.�J._`V_..........._.. ___ p-RCp F 5.Cry CCity end State rgat.= _/-*f• 9i d —._ :H�SL -rt •.` ..110 - 5':; O t. O 425233 • Statutory Warranty Deed THE GRANTOR Frank Siebens and Beatrice S. Siebens, his wife , for and in consideration of TEN and NO/100----- Dollars I . • in band paid,conveys and warrants to Henry J. Balko and ..da Balko, his wife the fallowing described real estate,situated in the County of King •State of • . • Washington:• The East 1 of the N.t'. '; of the N.K. l.: of the N.tf.;.; in Section 15, Township• 23 North, Range 5 East, t•:.I-t., in King County, T..ashington; • EXCEPT portion thereof conveyed to Ring County for S.E. 128th Street, under Auditor's File No. 5813072; AND Ey.CEPT all coal and minerals and the right to explore for and mine the • same as excluded in deed recorded under auditor's File No. 3012446; (Also known as Tract 2 of Martin's ;.cre Tracts, unrecorded); Situate in the City of Renton, County of King, State of Washington. ' SUBJECT TO: Rights of record. This deed is given in fulfillment of that certain real estate contract between the parties hereto,dated 29th day • of September ,19 76 ,and conditioned for the conveyance of the above described property. and the covenants of warranty herein contained rhall not apply to ,ny title. interest or encumbrance arising by, through or under the purchaser in said contract,and shall not apply to any taxes.assessments or other charges levied,assessed or becoming due subsequent to the date of said contract. Real Estate Soles Tax was paid on this sole on 10/6/76 ,Rec.No. E#`r 373868 Dated this 29th day of ySeptrneber ./976 . -373t'G,cr 2a l- c ✓-�— — I`' Frank Siebens , by eatric S ens, bi3 Attorney-in-fact �p r.C) ---�� Beatrice S. Siebens STATE OF WASHINGTON,1 Conaty of King On thus 4th day of October ,19 76,before me personally appeared Beatrice Siebens to me known to be the individual described in and who ese oted the foregoing instrument for her self and also as Attorney in fact for Frank Siebens and acknowledged that Elie signed and sealed the same ss the free and voluntary act and deed for her self and also as the free and volunury act and deed as Attorney in Fart for mid principal for the trn3 and purposes therein mentioned,and on oath stated that the Power of Attorney authorising the creation of this instrument has not been revoked and that the said principal is now living and is not insane. 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BALMand AD. SAL KO hereinafter called 'Grantor(s)'. and FAIRFIELD DEYELOPMENTS, INC., a Washington Corporation hereinafter called 'Grantee. 83i09'26 M0881 B RECD F 7.00 [4 CtSMSL •r..7.00 WITNESSETH: SS That said Grantor(s). for and in consideration of the sum of S ONE DOLLAR paid by Grantee. and other valuable consideration, do by these presents, ii • grant. bargain, sell, convey, and warrant unto the said Grantee. its 00 successors and assigns. an easement for sanitary sewer with necessary L appurtenances over, through. across and upon the following described property 1✓ • in King County. Washington. more particularly described as follows: I ( The East fifteen (15) feet of the following described property: The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the O Northwest 1/4 in Section I5, Township 23 North, Range 5 East. W.M., CO in King County, Washington; EXCEPT portion thereof conveyed to King County for Southeast 128th Street, under Auditor's File No. i tC0 5813072; AND EXCEPT all coal and minerals and the right to explore for and ./). mine the same as excluded in deed recorded under Auditor's File CI Iv 2 No. 3012446; (ALSO KNOWN AS Tract 2 of Martin's Acre Tracts. unrecorded); 'O Situate in the City of Renton, County of King. State of Washington. iggil n See attached sketch. i L .INA Grantor does further convey and grant a temporary construction easement for all r- purposes during the construction of the said facilities over. across, along, in, upon and under the following described property, together with the right of ir-- ingress to and egress from said described property for the foregoing purposes, said temporary easement to coemence on the date of this instrument and to terminate on the date actual use of said easement area shall terminate, or November 1, 1987, whichever occurs first. • • The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the northwest 1/4 in Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT p'rtiun thereof conveyed to King County for Southeast 128th Street, under Auditor's File No. 5813072; I '.42 ANO EXCEPT all coal and minerals and the right to explore for and mine the same as excluded in deed recorded under Auditor's File No. • 3012446; (ALSO KNOWN AS Tract 2 of Martin's Acre Tracts, unrecorded); Situate in the City of Renton, County of Kinc. State of Washington. - See attached sketch. i� Fairfielo Developments, it successors, heirs, and assigns. agrees to innemnlfy ® and hold harmless the Grantor(s) from any liability, costs or expenses wh.tsoever relating to the use of the temporary easement by the Grantee(s), - their successors or assigns. r ___ . 4.3,1.....e,_ . _ - . . ...- =liM ®; -"::_ ;II% • ' A Said heretofore mentioned Grantee, its successors or assigns, shall have the right. without prior notice or proceeding at law. at such times as may be .. necessary to enter upon said above-described permanent easement for the purpose • of constructing, maintaining, repairing. altering or reconstructing said utility. or making any connections therewith, without incurring any legal obligations or liability therefore. provided that such construction. maintaining, repairing. altering or reconstructing of such utility shall be accomplished in such a manner that the private improvements existing in the rights)-of-way shall not be disturbed or damaged, or In the event they are disturbed or damaged. they will be replaced tr. as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall fully use and enjoy the aforedescribed premises. including the right to retain the right to use the surface of said right-of-way if such use does not interfere with installation and maintenance of the utility line. However, the Grantor shall not erect buildings or structures over, under or Pli 1 across t;.e right-of-way during the existence of such utility. i '4 _ Grantor acknowledges that the Grantee may transfer this easement to the City of 1 i Renton for the purposes herein described. 1 0 This easement shall be a covenant running with the land and shall be binding on 111 the Grantor. Grantee. their successors. heirs. and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. i '� j�.,�"I" and �� ✓ e ' • f-tr- NRY r AOA RACK° 11 STATE OF •4 .c C ) Ili , i i ) SS. COtJFiTY OF t I. the undersigned, a Notary Public in end for the State of((t •,.4 fs ri hereby certify that on this 3cida of s IIappeared before me `�- y �"" `�'�' 19 per na ly and l p/, �� /Kra I : to me known to be indlvidual(3 described in and who executed the foregoing instrument, and acknowledged that T4 r 1 signed and sealed the 1 same as -titri,G� free and voluntary act and deed for the uses and purposes i i therein mentioned. 1 71-- i `. ram' --5� c . - Notary Public in and for the.State df•.• a r to G'= it'�cY,n„7c�R residing at �r4C'�.�f� 1 z: ,.. - •• -ry ti -111 Y U' v +ai . a off • t 1■ i - . .im . 1 -, i1TN S . SE. 12ITN ST. 1 = . . * NE ) w'a ,a,�, ut irr A su.a .,a,.,*r t` •• a- uaa, •I i . t , — r__�_ i lb OnADA dALk' ; • _ • , I —• ,��_„ . a _ I .z. r T:It I. t o 2 • 3 • ' ...V r<• - VI i v el . 4''NITAQRY , . I - "- 6EJVER£4SEMF011 ..-I i ��y O. �T , . G�5 ,o « I s•� i 4ra ,) a a.l cP » r• w.M nG �. ph,c 1:1.11. r. ; `N.5 .1 I' I • diLe ...] ` •l �• w ribb j�• G , 1,� - a ♦ r 8 ♦ 3.4.14 WilaI i 2 NE. 2N0 PL. — 8PRJVRtt wens) r� �� ; .r rteri z .':. ..-�-- ' I .� 11 i # il ', � ..•j oiI i ... i . __ as 1 1. • . .I_r� rc, ....t S. - a...a f I 7. i I I .. .- • . ti r 41 ..�_, i• ..•.a■ <,,..«. I la...a. :aa..•.r> L,. ,,...,. •a.•... V 7 .1 a, .....,_ K z : LOT 1 f! 41 r'i. G .• — e • 1I Scr '� t - •r 'Ih • rim) cb,rw :1 - e=5's 6 RECD r ?• C CPSJ'SL �•"`-•'� J A TRANSFER OY UTILITY LASE?'I4T • • THIS INSTRIIMENT, made this day of 1,4/7.. . 1986, by and between FAIRfIELD DEVELOPMENTS, INC., a Washington r-.i corporation (hereinafter called *Grantor") and THE CITY OF •-1 RENTON, a Washington municipal corporation (hereinafter called `the City'). 11. CO WHEREAS, Grantnr has obtained a utility easement through, across and upon property in King County, Washington, said ease- ment being recorded in the official records of King County, a copy of which is attached hereto as Exhibit A and incorporated by this reference herein; and11 WFDIREAS, said easement expressly provides that the easement may be transferred to the City of Rentcn; and WHEREAS, the City has requested the transfer of said ease- sent as part of the approval process of Grantor'■ development of the property served by said t. NOW, THEREFORE, in consideration of the autual covenants contained herein and other gori and valuable consideration, Grantor does by these presents grant, bargain, sell and convey onto the City said utility eaaesent recorded in the official records of King County, a copy of which is attached hereto as 4 Exhibit A, along with all rights and responsibilities appurtenant thereto. Grantor retains a temporary construction easement for S all purposes during the construction of any facilities cver, across, along, in, upon, and under said easement, together with PI the right of ingress to and egress fros said easement for the construction, maintenance and repair of any utility facilities mai required to be installed or maintained by Grantor. -` of _ 1 • r .- EXC.'S: TAX Nri r- •- t J - • _ 1 - 41111 rt- a: I» WT XF.SS WHEREOF the said grantor has executed this O o instrument on the -day of , l986. - FAIRFIELD DEVELOPMENTS, INC. Richard R. Hathaway Vice President GD .r ti ti STATE OF WASHINGTON ) �p ) ss. CO COUNTY OF RING ) • I certify that I know or have satisfactory evidence that Richard R. Hathaway signed this instrument, on oath stated that he was authorized to execute the instrument and _ - acknowledge as Vice President of Fairfield Developments, Inc. to be the free and voluntary act of such party for the uses .and purposes mentioned in the instrument. - V Dated: u Notary Publicin and"or the State pf Washington, residing - o. DE at c l/ �L. . ..01004 :N OTAq !:: • : : • - %41, fj'PUBI\.a�. 21 tzit� 11. 1.• �~ _ W ASS\ , • • - - ar 4 ( Z1 C . (, 'XN/6/T A • UTILITY EASEMENT �. ... — p 1 THIS iNSTALMENT, made this 23 day of ��,_4 . 19 a-r by and between HENRY J. BALKO and AD llALK hereinafter called 'Grantor(s)'. and FAIRFIELD DEYELOPMENTS, INC.. a Washington (I— Corporation hereinafter called 'Grantee. 93.09,26 109.81 8 RECO F 7.00 CLt.HSL 4+d7.00 WITIIESSETH: S5 I did i That said Grantor(s), for and in consideration of the sun of S ONE DOLLAR paid by Grantee, and other valuable consideration, do b; these presents. C grant. bargain, sell. convey, and warrant unto the said Grantee. its rp111111.1 successors and assigns, an easement for sanitary sewer with necessary eappurtenances over, through, across and upon the following described property /1 Clto King County, Washington, more particularly described as follows: v tam 11111111 The East fifteen (15) feet of the following described property: The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4 in Section 15, Township 23 North, Range 5 East. V.M., in King County. Washington; EXCEPT portion thereof conveyed to King County for Southeast 128th Street, under Auditor's File No. 5813072; AND EXCEPT all coal and minerals and the right to explore for and l' .�+ mine the same as excluded in deed recorded under Auditor's File . 2 No. 3012446; (ALSO KNOWN AS Tract 2 of Martin's Acre Tracts. unrecorded); d) Situate in the City of Renton, County of King. State of Washington. O O See atta:"ed sketch. J.) Grantor does further convey and grant a temporary construction easement for all purposes during the construction of the said facilities over, across, along, in, upon and under the following described property, together with the right of li tigress to and egress from said described property for the foregoing purposes, said temporary easement to commence on the date of this instrument and to terminate on the date actual use of said easement area shall terminate, or as November 1, 1987, whichever occurs first. — The East 1/7 of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4 in Section 15, Township 23 North, Range 5 East, w.M., I in King County, Washington; EXCEPT portion thereof conveyed to King County for Southeast 128th Street. under Auditor's File No. 5813072; AND EXCEPT all coal and minerals and the right to explore for and mine the same ss excluded in deed recorded under Auditor's File No. 3012446; (ALSO KNOWN AS Tract 2 of N,;rti-'s Acre Tracts. unrecorded); Situate in the City of Renton. County of King. State of Washington. See attached sketch. Fairfield Developments, it successors, heirs, and assigns; agrees to indemnify ono hold harmless the Grantor(s) from any liaLility,costs or e•7enses whatsoever relating to the use of the temporary easement by the Grantee(s), their successors or assigns. ‘.., ,> . -(i,c,c,;,,/,- T . - - - - - - /i >� , v _. • !1 Said hereto'ore mentioned Grantee. 16.s successors or assigns. shall have the right. without prior notice or pro-eeding at law. at such times as may be necessary to enter upon said above-described permanent easement for the purpose of constructing, maintaining, repairing, altering or reconstructing said utility. or making any connections therewith, without incurring any legal obligations or liability therefore. provided that such construction. aa.I maintaining, repairing. altering or reconstructing of such utility shall be accomplished in such a manner that the private improvements existing In the III rights)-of-way shall not be disturbed or damaged, or in the event they are Q r- disturbed or damaged. they will be replaced to as good a condition as they were .-4 immediately before the property was entered upon by the Grantee. e-r am ;C O The Grantor shall fully use and enjoy the aforedescribed premises. including .e m the right to retain the right to use the surface of said right-of-way if such arse does not interfere with installation and maintenance of the utility line. w However, the Grantor shall not erect buildings or structures over, under or across the right-of-way during the existence of such utility. iGrantor acknowledges that the Grantee may transfer this easement to the City of Renton for the purposes herein describe& 2 This easement shall be a covenant running with the land and shall be binding on 11 the Grantor, Grantee. their successors, heirs, and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreeront. y /� ') and 0..C_. ef...„....L, fjgy� ` 10.4 BAIKO STATE OF Jr' .4 .�— ) ss. COUNTY OF c. ) 4 I. the undersigned, a Notary PuD1ic in and for the State of �(�, e .. t hereby certify that on this,.3r/rday of (,({1� ,Yv , 19/_. personally _ a appeared before me /J e n4'( — it c. �U I ' and <tie ^ !Kit : to me known to be lndividualC) described in and who executed the foregoing instrument, and acknowledged that T 4 r, _ signed and sealed the same as 'ttrr(c___.- free and voluntary act and deed for the uses and purposes therein mentioned. 1 . ' Notary Public in and for the State of. eo G= /t•.c;/•,,,fTr residing at'� -,r//'- - aar as u =Z J s. N.-t: t - 2 - 1 - a • • James Bakke, Inc. b S DST R-107-88 11ED FOR RECORD AT REQUEST L.. OEf CE Cf THE CITY CLERK ;r sQu RENNTION MUNICIPAL BLDG. 200 MIL AVE.SO. • • RE2(TON,WA 98055 • 1.• is : :5 1$45vk: F. t :F _RE '`=:r F CPS-4SL DECLARATION OF RESTRICTIVE COVENANTS t WHEREAS, HENRY J. SALXO and ADA A. EALXO are owners of the following real property in the City of Renton, County of Xing, State of Washington, described as Exhibit 'A' attached hereto. WHEREAS, the owner(s) of said described property desire to impose the following restrictive covenants running with the land as to use, 05 C present and future, of the above described real property. • C NOW, THEREFORE, the aforesaid ovnar(s) hereby establish, grant and impose restrictions and covenants running with the land hereinabove described with respect to the use by the undersigned, their successors, heirs, and assigns as follows: O ai RESTRICTivL COVENANTS 1. Only the residential site plan concurrently approved by the Hearing Examiner's Decision dated May 15, 1990 shall be developed. 2. There shall be no more than one hundred eleven (111) dwelling units placed on the subject site. • DURATION • These covenants shall run with the land and expire on December 31, 2025. If at any time improvements are installed pursuant to these covenants, the portion of the covenants pertaining to the specific installed improvements as required by the Ordinances of the City of Renton shall terminate without necessity of further documentation. • .:._ • • • • • u :� 4 ..-. -. • James Bakke, Inc. • r RE;.;.•tr:.: r!S DST R-107-88 :It ED FOR RECORD AT REQUEST L.: MICE OF THE CITY CLERK ill 25 iC �, ,',t; 'QQ RENTON MtAAACIPA1 BLDG. 200 MILL AVE.SO. ` • 'f.., RENTON,WA 98055 k;Jsvti { i °c=C• F' C�«;SL .l= DECLARATION OF RESTRICTIVE COVENANTS L WHEREAS, HENRY J. HAM and ADA A. SALAD are owners of the following real property in the City of Renton Coun ty nty of king, State of Washington, described as Exhibit 'A' attached hereto. i WHEREAS, the owner(s) of said described property desire to impose to the following restrictive covenants running with the land as to use, C present and future, of the above described real property. 111 NOW, THEREFORE, the aforesaid owner(s) hereby establish, grant '='"fie C and impose restrictions and covenants running with the land �: hereinabove described with respect to the use by the undersigned, • _3 their successors, heirs, and assigns as follows: - RESTRICTIVE COVENANTS 1. Only the residential site plan concurrently approved by the Hearing.Examiner's Decision dated May 15, 1990 shall be developed. 2. There shall be no more than one hundred eleven (111) dwelling • units placed on the subject site. • DURATION These covenants shall run with the land and expire on December 31, 2025. If at any time improvements are installed pursuant to these covenants, the portion of the covenants pertaining to the specific installed improvements as required by the Ordinances of the City of • Renton shall terminate without necessity of further documentation. ,�1 r t . N • • • • Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of King County by • either the City of Renton or any property owners adjoining subject • property who are adversely affected by said breach. • 4:1 .47 Y J• �O 1 . < ci dt, Azdo ADA A. BALXO STATE OF WASHINGTON as. County of KING f . On this )`; day of 1990, before me personally appeared the person(s) who executed the within and QJ foregoing instrument, and acknowledged said instrument to be the free p and voluntary act and deed of said person(s) for the uses and purposes b therein mentioned. O IN WITNESS WHEREOF, I have hereunto set ay hand and affixed ay iF!! official seal the day and year first above written. Notary Public in and for the State of Washington, residing at ICe 1 . .• ..r (y . • • • • • • . 1 • LOT 4 LPROPOSED): That portion of the Northwest quarter of the Northwest quarter of Section 15, Township 23 North, Range 5 East of the Willamette Meridian in King County, described as follows: COMMENCING at the Northwest corner of the East half of the Northwest quarter of the Korthwst quarter of the Northwest quarter of said Section 15; THENCE South 00' 54. 24' West, along the West line of said East half, 264.54 N feet to the South line of the North 264.5 feet of the Northwest quarter of C said Section 15 and the TRUE POINT OF BEGINNING for this description; N THENCE South 88. 02' 57' East, 240.09 feet; THENCE North 39' 51' 17' East, 69.73 feet; THENCE South 88' 02' 57' East, 190.37 feet; THENCE North 46' 57' 03' East, 28.27 feet; a7 THENCE South 88. 02' 57' East, 92.13 feet to the West line of the East 60 feet of the West half of the Northeast quarter of the Northwest quarter of the • Northwest quarter of said Section 15; THENCE North 00' 47' 57' East, along said line, 147.52 feet to the Southerly margin of Southeast 128th Street; THENCE South 88' 02' 57' East, along said Southerly margin, 60.01 feet to the East line of the West half of the Northeast quarter of the Northwest quarter of the Northwest quarter of said Section 15; THENCE South 00. 47' 57' West, along said line, 618.64 feet to the Southeast corner of said West half; THENCE North 88' 09' 34' West, along the East-Wait centerline of the Northwest quarter of the Northwest quarter of said Section 15, 647.65 feet to the Southwest corner of the East half of the Northwest quarter of the Northwest of the Northwest quarter of said Section 15: THENCE North 00' 54. 24' East, along the vest line of said East half, 397.33 feet to the TRUE POINT OF BEGINNING and terminus of this description; (Also known as a portion of Tracts 2 and 3 of Martin's Acre Tracts, unrecorded); ALL SITUATE in the city of Renton, King County, Washington. PROJECT: BAKKZ/10-ACRE REZONE May 18, 1990 2768.OS -2, 1 Man. A Z-.C• • L i---- A 13221. S.E. 128th Renton, Wn. L_ AC: Fre* Sieben* QUIT-CLAIM DEED Rix 1805 17 " Ra>atoa, ifn. " Tract 2 1 The gran+or�Narsia Frank J,,Y9/.4.b.4n.a...and2ra.... rank...Siabena -- ._. .. - ___ �._ : Dior the ccnaideratlon oL_$--. OD.40.......•.•.-.rr.•.•..• —• •.. '_.Dolars and also et benefits to accrue to.. ... reason of'laying out and establishing a public road t i i through_ c..Lc- property, and which is hereinafter described, convey......... releay _, and quit- ' skim.._ to the County of_...._. ...r.s. _. ...State of Washington, for use of the Publi„ forever, as a public road and i way all iu est i t following dreicxi�berd re�.Le}tste. v' ' • ito„t,cn of Tract 2 of Martina Acre Tracts unreo. i 1r'- `�L3 F ,,,sa d portion being described as follows: The S. 12 ft. of the N. • ft. c f the E.1/2 of the N.W. of the N.W. of the N.W. of section. . 15. _ Containing 0.10 Acres more or less. I R/W S. E. 128th St. ( 132nd Ave. S.E. to 168th Ave. S.E.) t together'nth the right to make all necessary slopes for outs and fills upon the abutting property,and on each side of sad described right-of-way,in conformity with standard plans and specifications for highway purposes, • end to di,same extant and purpose as if the rights herein granted had been acquired by condemnation proceed- ings nnddr Eminent Domain statutes of the State of Washington, • situated n the County oL_-....... ,t3...t, State of Washington. I, Datsi this..,? -day of....Q..aTf.k..r..r.._._.... A.D.19 G4 i • WITNEE 8 • �a. e�.a,,..f.. .. -N.4.../4..�...*.....a-2 I . 1 p <` oj -• • • • . • .. • • •• . • • . • • • • _ - ‘. . _ _ . . . - ._.. .. . . _ 7" . • . . t . . . • .t - • - :Ia.; • ti . . • • • • �1310.€ S.E. 128th St. �N 1805 14 Rentc n, Wn. QUIT-CLAIM DEED • Traci. 3 • 19 The Qraator...a--.hareia__---I. Y.•••.Cirun_'nd..E4e1,Tnn._Z._Carue._......,_-.-._ .-__ .-. ............. 1t Dollar for he consideration Of.__......$- w00..•..w.w••.w.w1.11.111.1.111..11.s11.A.i.1ii.11.111.11.1l __. ... ' If)• and also of benefits to accrue to .,La+n..• by reason of laying out and establishing a public road 4 thrt ugh...../. , j.C.Lz property, and which is hereinafter deem-bail, convey_--. releass.....-.., and quit- , t.n7s State of Washington, for use of_ .... *lain— to the County of . i the Public forever, as a public road and highway, all interest in the following deieribed real state, •ia.: /i rortion of Tract 3 of Martin's Acre Tracts IInrec. in Sec. 15, Twp.23 N.R 5 E.W.M. , said portion being described as follows: The 3. 12 ft. of the N. 14.2 It. of the E. 60 ft. of the W. 90 ft. of the W.1/2 of the N.E.; of the , N.W,; of said Sec. 15. Containing .02 Acres more or less. R/W S.E. 128th St. ( 132nd Ave. 3.E. to 168th Ave. S.E.) . together with the right to make all necessary slopes for outs and fills upon the abutting property,and on each rid,'of said describer right-of-way,in conformity with standard plans and specifications for highway purposes, ant to the same extent and purpose as if the rights herein granted had been acquired b.condemnation proceed- inns under Eminent Domain statute'of the State of Washington, situated In the County of.. e.,, / . -._.State of Washington. Dated this._.. f day of. •k .--------•...A.D.19.Y_- W:TNES8 c _............ _. _... _f.. ........ • /4 e.e,A4,4-4- ._ II . 9C. r 11 • .._...�... • ...:L-....� •!4 J. ...:- !'w:•• tea. - , •« •_ August S, 1992 Subject: Property 4225 N. E. 4th, Renton Washington-�/ d 0 ri A 4301 N. E. 4th, Renton Washington - S/p>/O-00 3 J-v/ Mr g i rmm j Dear City of Renton: L_ . N The City of kenton is encroaching on my property by . , about 10 feet. The City didn't give me any notice that li they were going to put a 6 foot pipe and extend it in to the ditch line. The problem is that the City is 10 feet ` , cm• >al on my property with 4 feet of pipe and 6 foot of rock and c gravel. They have also moved the ditch line farther onto z my property. On the north side of the property the ditch u+ should be more in the City right of way. • '- The Strom Division was the people who worked on my property July 23rd and 24th, 1992. The field worker names is John Thompson, - 1- and the overseer is Jack Crumley. cc W . I am giving notice to all tnat the City of Renton, has 1 i;.2 adversity encroached on my property without my approval and I an • •,, z recording this letter at the King County Courthouse, Real Estate i':_; property. P. L] ,.. Sincerely, ..,,- It - )440"7141L'4<e-'...C44(4% ) 1 -I11 1 Diana Lee Ribera I ,tihera-Dalko do erprises „T.. .. • 13740 S. E. 246th = Kent, Washington 98042 :. .•: 206-630-3343 . - a • I !to,. i an 1 t . . ;...9 o.,..1 . 1 "..u71,a.- um, 4.thy Use ---- .- • - -... ..a G....... tilimr.§6.-------"---.-.7. ';c" i . .,� �if , /i L • -r - zt. • F 1 ,L ,,,,...4,... . ... . . .• • • . ...„:•'.•••4-....4.' •!''.41 4%.44.ra. ..'‘. '•:'..' .. -... .. . •• . 2 ..'d Si; i . 674/1/ • • OF SURVEY N 1/4 OF EEC. 15, TWP . 23 N., RGE . 5E., W.M. NG COUNTY., WASH I NGTON • LEGAL ._DESCRIPTION (As per Transamerica Title Insurance Co. , No. 425233 , Dated 9/20/76 • The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4 in Section 15, Township 23 North, Range 5 East , W.M. , King County , Washington ; EXCEPT portion thereof conveyed to King County for S.E. 128th Stree• tentofl) under Auditor s File No. 5813072 ', 10 And EXCEPT all coal and minerals and the right to explore for and mine —T— the same as excluded in deed recorded under Auditor s File No. 30124 1616.CP4 15 (Also Known as Tract 2 of Martin s Acre Tracts , Unrecorded ) Situate in the City of Renton , County of King , State of Washington ; N I/4 fac aE Fnd.3" sir-face surfacee brass rass disc. TOGETHER WITH THE FOLLOWING : .w/punch stamped tak (Per Pioneer National Title Insurance Co. 'the A-230678 , Doted 12/29/78 "No. 1/4 .of 15-23-5" The West 1/2 of the Northeast 1/4 of the Northwest 1/4 of the dwn. 0.1 ± in chipped Northwest 1/4 of Section 15 , Township 23 North , Range 5 East ,• in Shed out asphalt King County , Washington ; EXCEPT the North 30' feet thereof ; 4.5' . EXCEPT portion condemned in King County Superior Court Cause No. 532 for street ; EXCEPT the North 12 feet thereof conveyed to Kirq Court ai for Southeast 128th Street by Deed recorded December 16 , 1964 tD • under Auditors File No. 5823627 ; (Being known as a portion of Tract 3 Martin�s Acre Trails , unrecorded) to Est line W I/2 NE 1/4 i MI 1/4 NW 1/4 Sec.15 0.5' East A LI. !xi 1.5: East r) ti \ 1.2' Eas SCALE : -I"-= I00' BASIS OF _ BEARING — o The Basis of Bearing is per K.C.A.S. — The North line of the 0 Northwest 1/4 of Section 15 (N 88° 02' 57 W ) . 2 King County Breakdown of Sec. 15 was used to determine subdivision I Fence LEGEND /4 Cor- I5-23-5E- A tress pin in conc. sad 9 10 • SE 128 th Street (King Co.) NE 4th Street (Renton) N 88 02 57 W 2585.74' Meas 16 >IS 323.22'--0i — -� ,_ N 88° 02'57' W 626.44` 646.5I' 1616-c w o a 2.5 ;- 323.26' -- 323.25' ----I• I U) I r .La i1 at- l I Q M shed = ,o rn ah:J E] : O n C Co li:11 r.<<- '� 4 5' n o com t•) r•� .� Fli = Z a'i+ Iila- 't f t'` J -. Tr tri Car. IS-23-SE ��-� .� r1 i1.1� ♦�-- ai `y r+punched pin in a �•�• conc.(incased) �' wtt1"� _y Nr Sanitary Sewer Esm't (shown on City of Renton �0.5' East 1 �� plans-1986) L v �r 10.5'�' -West line East 1/2 I t NW 1/4 NW 1/4 NW 1/4 Sec. IS 0.5'West - West O-8' of line W t 15' Est • 0.3' West� 3 - '� ot fine z r- cv 1A -33 74 to \I.2' East � ° O O> %�7 yil�ii,t'Ij? O O East line NW 1/4 NW 1/4 O O z NW 1/4 Sec. 15= West s to• line NE I/4 NW I/4 NW I/4 Z t = 0.3' East of line Sec. IS Fence --4 , i —Fence 1.4'West =�-'- 323.83' --+,1 `�,_-- 323.82' �� S 88°09' 34" E 647.65' 0.8' East - of line South line N 1/2 NW 1/4 NW 1/4 Sec.15 1. .Y.•- - . • .. -. a .. --_ s r.t' - _ ;.‘Z. ''a 11-i2> 7baM IS q'Y::,�,,•.';,: ACP.ZEMEUT AND CONYEIANCE Z.•3 • REt UTILITIES fTSTEMf THIS AGREEMENT made end entered Into this / day of 19-1-r — by and between the CiTY OF REUTON, a municipal corporation of the second class under the leers and statutues of the State of Washington. hereinafter referred to as 'KIT'"' and 1 7airfiald Developemnts. Inc./Richard I. Hathaway hereinafter referred to as "DEVELOPER"; • - Yics-Presldeat V I T N E S S E T N: O WHEREAS "The Developer" is desirous of installing -ertain socamizent sewer lines and appurtenances thereto at, near, or within the hereinbelow described property and to connect sane to the City's Utility System so that such improvements will constitute an Integral part thereof; and . l 1RIEREAS no other property owners or users are presently available to share in the cost I+ Q and expense of construction of such improvements and the parties hereto having in mind t the provisions and terms of Chapter 261 of the 1959 Sessions Laws, generally referred to i as a "Municipal Water and Sewer Facilities Act, (RCW 55.91.101 et seq)"; and _ i WHEREAS "The Developer' is willing to pay all the costs and expenses for the installation 1 v4of said Improvements; . EtOW THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES • AS FOLLOWS: 1. The "Developer' hereby acknowledges and covenants that he is the owner of the following described property, to-wit; S 250 7T O7 W 1/2 OF E 1/2 OF SW 1/4 OF SW 1/4 OF SEC. 10. TWP. 2311. R. SE., W.M. LESS W. 175 FT. LESS CO. ROAD. ALA PASCLL D0. 2 THIS AGREEMENT, AND IS THEREPOY! EST PROM ANT LtTECCSOr3 7LL 1 tERZIx. 1 and the "Developer' hereby agrees :.nd covenants to cause to have installed the following i described Improvements, to-wit: INSTALLATION 07 1355 L.T. OF 12", 15", AND 16" SEWER MAIN, B MANHOLES AND ALL OTHER . APPURT101ANCRS PER CITT OF RENTON SEWER PLAN S-429 PHASE II. LATECOKER BASED ON 8" PIP! . 16"PIPE AND 12", 15", AND PIPE IN OVERSIZINC COSTS. i AS CITY PAID THE DITFERENCE BETWEEN 8" , • and such Installation to be made In full compliance with all applicable codes and • regulations of the City of Renton. The "Developer' further covenants and warrants that jall expenses and claims in connection with the construction and installation of the I aforesaid Improvements, whether for labor or materials or both have been or will be paid ' In full, all the "Developer's" expense, and the "Developer' covenants and agrees to hold I the City of Renton harmless from any liability in connection therewith. • r 2. The "Developer' further certifies that the total estimated cost of said construction as hereinabove specified will be in the sun of $ 63.283.90 • SO4 Exhibit "A" attached hereto for the legal description of the lands affected by this latecomer agreement or a map showing in outline the land affected by such additional __ charges pe. the terms of this agreement. Per ACV 65.08.120(1) (RCW 35.92.025). • Siix ELUISIT "A" KO FOR MORD AT .1 87.l 1.18 e ? a " _ RE CD F . 11.CO 1F!"1?aZ CITY CMS SHEET 1 OP 6 W�A '••11.00 - IL.=1�lrANL 11 • • , 1: ....'°`_ •y,- .. . . lased onsal/ total amount of cost per front • Aty-:-%:••-- lineal! (abt.Ut l foot t outoutt Litapp,U,cabu .[) of said i mprovwn t shall be employed to . • ._ • `r• 'b " determine the pro rata reimbursement to the "Deve loper" by anyownerwr of real estate, who did not contribute to the original cost of such Improvement, and who subsequently • . wishes to tap into or hook unto or use said facilities. which tap or hookup shall • include connections to laterals or branches connecting thereto. ell subject to the is.., i and ordinances of the City of Banton end the provisions of this Agreement. it Is hereby further agreed that in the event the total actual cost of the •foredescribed O improvement shall be different from that set forth hereinabove, than this Agreement will be duly amended to set forth the total actual cost thereof. The pro rata wet Per now" LINEAL FOOT is $ 28.2502 3. It is hereby found and determined that the construction and installation said aforedescribed Improvement is In the public Interest and in furtherance of public _ health and sanitation. • • El k. The "Developer" hereby agrees and covenants to convey, transfers and assign unto City all right, interest and title in and to said Improvements and all appurten- anus and accessories thereto, free from any claim and encumbrance of any party whomsoever; City agrees to accept and maintain said improvement as part of its present h Utilities Systems upon approval thereof by the City Engineer and after inspection of 170 said construction. The "Developer' further agrees and covenants to execute and to deliver unto the City any and all documents including Quit Claim Deeds and Sills of Sales that may reasonably be necessary to fully vest title in the City and to effectuate this conveyance and transfer. The "Developer" further agrees and covenants to pay unto the City such service or other charges as may be imposed by the Ordinance _ of the City of Renton from time to time applicable to like f the same class. • 5. City reserves the right, without affecting the validity or terms of this Agreement to make or cause to be made extensions to or additions of the above improve- ment and to allow service connections to be made to said extensions or additions, without liability on the part of the City. 6. Mo person, firm or corporation shall be granted a permit or be authorized to •-_-_ tap into the facility for water or sewer service during the period of TEM (10) years , from date hereof, without first paying unto the City, in addition to any and all other costs. fees and charges made d for each tap, or for the main facilities constructed In connection therewith, the amount required qu by the provisions of this • contract except such charges shall not apply to any extension of the main facility. All amour is so received by the City shall be paid out by it unto the "Developer" under _ the terms of this agreement within sixty (60) days after receipt thereof. Further- more. in use any tap, hookup or connection is made into any such contracted facility without such payment having been first made, the legislative body of the City may cause to have removed such unauthorized tap, hookup or connection. and all connecting 1 . (title or pipe) or related accessories located in the facility of right-of-way, and dispose of such unauthorized material so removed, without any liability on the part of the City whatever. It is further agreed and covenanted that upon expiration of the _ ter, of this Agreement; towit: Ti 09) years from date hereof. City shall be I SMELT 2 OF b Clio.. wi rem.• .. • ' - • .t _ . 'y' _ _ _ , • •" jf+!.. -maw s further obligati'** u collector make a 1 further nor unto the 'Dovsl•fee• -�•• -)- •'- -1Y'`Tie doodads* of the City Ligieeor or his authorized representative is datarulaimg or.,. . ;,oust, :: �. � , ! the asrost oboe from any benefited owner:oho wishes to book q to ere! im.,.�em t, shall ►e final and .oedraiv fa all respects. ....11'�-•. -• li -a'tir�Nr 7. It is farther agreed sad uaderetood that the aferedescribod Wrests to i.[ems. . Jj,:; - bs modertaka* and paid for by DEVII.OPTI ' r.': have be.. or are short to he eooeetad with the Utilities Systems of the City, and epos • ouch aom*ectios sod acceptance by the City through its legislative body, said extenaioa • • sob/Pr improvement shall be and become a pert of the municipal utilities systems. ID . — I. This agreement shall be placed for record with the Ling Como, Auditor's Offios immediately upon execution thereof and all costs of recording shall he the 1 raspo*aibtlity of the "Developer". O DAT= tIll /O- DAT OT 1917 • . • 0 CITY 07 Ln1T'OM, A MUNICIPAL CORPORATION DZYELCrn: - • • • gT b 0-"&it..,7}/irt40 LR MAYOR SY• I IT: v(e 7�Y/G�^'' rt p CITY CLEat RaWers tei• CITY 07 RENT ON D STATT 07 WASHING ON ) STAIR of WASHIN TTON ) - ) ss ) s. CGo4TT 07 KING ) CDWITT OP LINO ) - On this ' day of , 19_. On this day personally appeared before me before me personally appeared . to ma known to (Crantor(s) p b• the ( mayor, City Clerk _ or other authorized officer or agent, as the ease nay be) of the municipal corporation that executed the to as known to be the in dividual(s)dueribed within and foregoing instrument. and in and who executed the within and fore- acknowledged said instrument to be the free going instrument. and acknowledged that he - and voluntary act and dead of said municipal (she or they) signed the same as his (her —� corporation, for the uses and purposes or their) free and voluntary act and deed, - •• T4ersin mentioned, and on oath atnted that for the uses and purposes therein mentioned. he vas authorized to execute said instrument Given under my hand and official seal this - and that the seal affixed is the corporate day of , 19_ . seal of said .unicipal corporation. irl:ffASS WHE12O7, I have hereunto sat sealSignature of officer and official seal my hand and affixed sy official the day and year first above written. Signature i Title of Officer Signature y Public in and for the State of ✓ Washington. • residing at • { Notary Public in and for the State of . Washington, residing in /^� STATE OF SASIIINGTON• I' ) sat at 11 Om Jots 2L7 day d V^„•ti/3/•v.. _A. f1.. 19f - tr/we Mt personally appe red elf/— 7..6a ' - 1 ._- - ro..e know. - ----- Iad the corywxatw...ha. I • . e1V1r. • a and Iweaolnm In.wmenr.and.ck.wlydmad lac sa.d.n•vumrnt so he.he frrr and.. `} a d of sad corporan on log .he our.and pears.r•'toner mein wed.sad on.oath..a.r.f t wthaiaed Io asecwr moo u..rwmenr. • i8R +� r�.D.�e...r,...rtr ..door -_ wJN ml'rha.Z a RWF, I Ado.aw...r..+�.�J �h••I w•"fh _ ��nr a 1/ • Jam;�;" VB�.`��0j:0= —`, V 4,147. --._—_ 'lF Of•wild, \�~ 1'eNN..owl fro fro SI.r.f ae....w........ ee e C Yx�. C./7r r_.... ..,... k .� ) ,'. /91 9 _ -laR�ar tout W T. koala.Gwwr.e-Acz p6rlMT- 1TIOa1 1 i l .. . L . . ��: �y: �'{, ------------ _.- . .. ___•.._ . . • . . w... ':,.. _ ' ' '• • • •• '•-r: ' • ;l!. ':: = NOTICE 07 ADDITIONAL 142I1 01 lZVI1 • 1;c.;I�•:.�.4_ IACZLITT SA! OR CONVICTION CURCZt • 'qrt --+••.; REQUIRED IT 1CV 63.08.170 (3) • CI`i. ! (RCY 35.92.025) MUNICIPALITT - CITY 0l RENTON. VASIZICTON ADDITIONAL TAP 01 CONNECTION O • CZANCE PER: ' SANITARY SEVER PROJECT !DR 1AI17IELD DEVELOPTCENTS, INC PROJECT N0.: I-429 PRASE II . • RECIPIENT: 7AI17ZELD DEVELOPMENTS. ZIC.. 1ICHARD R. HATRAWAY. VICE-PILSIDENT I2.117 PROJECT DZSC1IPTION: INSIALIATIdt07 1733 L.P. O7 1r, 13", AND IS" • I SEWER MAIN. 8 MANHOLES, AND ALL OTHER AFPUITERANCES PER CITY 07 RnR'ON SEWER • FLAN 5-429 PHASE II. LATECOMEK FEE SASS OY 8" YIPS AS LITT PAID DikYLEIS.E BETWEEN 8" PIYE AND 12", 15", AND 16" Pat It OVERSIZTNC COSTS. TOTAL MOOREEeszcor COST: • $ 76', 522.91 TO DEVELOPER TOTAL - 13 239.01 :s2S$72502 IEIMIUISE}Q1ft 01 = i b 283,90 OTAELOPER r COSTS) (7reat Footage 240 TOTAL COST PER 71012 T002 If there Is any question relardin5 th• laid or unpaid states of the following . pleas• call th• City of Renton. Utility Engineer- ins Departaent at 235-2631. • Acereuxric ADDITIONAL • OVNERSR12 LEGAL DESCRIPTION 700TAGE MICE --- PARCEL N0. 1 ACCOUNT NO. 102305-9085 175 fr.ft. i 4,943.79 UNION SQUARE ASSOC S 120 FT 07 MC: V 175 PT OF . 11058 MAIN STE 110 S 622 PT OF E 1/2 07 SV IP. OF -• EE LYVUE VA 98004 SW 1/4 0l SEC 10 TV? 23 I, 1 5 E V.M. LESS CO. RD. MT- - • PARCEL 10. 2 ACCOUNT NO. 102305-9322 148.22 fr.ft. * $ 4,187.27 • 7AZIlIIIO DEVELOPMENTS 3 120 PT O7 70LC: S 250 IT O7 (DEVELOPER'S 20900 NI eTI ST /900 V 1/2 OF E 1/2 O7 SW 1/4 07 SHAM) IELLEVUE WA 98004 SW 1/4 OF SEC 10, TV! 23 N. 1 5 E, V.M. LESS V 175 PT LESS CO. 1D. 7A1CZL 10. 3 ACCOUNT NO. 518210-0020 631.30 fr.ft. 817,834.36 .I VERY 1AIRD • E 120 FT OF FOLC: TRACT 2, P.O. I0E 68562 MARTINS ACRE IRS. UNREC. LESS • SEATTLE WA 98188 CO. RD. • PARCEL NO. 4 ACCOUNT NO. 518210-0030 L 0031 63I.:0 fr.ft. $17,834.36 • WRY BALED V 120 FT OF FOLD: TRACT WO. 3, P.O. Dot 68562 MARTINS ACRE TRS. WRFC. DAP '7 c ,, i lEATTLE WA 911188 V 1/2 OF NE 1/4 OF NY 1/4 0l n T. VF NV 1/4 07 SLC 15, T 23 I. • s n l S E. V.M. LESS CO RD 4 LESS - • N ESE 7T OF E 60 FT OF V 90 rr TROT TCY THAT FOR o7 TRACT NO. 3 -. c DAY: MARTINS ACRE IRS WRFC - - ._ a. - Z 60 PT OF V 90 PT 07 1300 !T - - = o • - LESS ST, m • • SHE1T 4 OF 6 II _ - . _.- - ;' ` , i.�,f .. ' .� - -- '- .. .. -"-- • may' ..- r yr�'.---i... S.NOTICE OY ADOITTOM VAT2 et '^ 7ACZI.TTT TA! OR CORNECTIQ Ci=ICU _ MOILED IT ICY 63.08.170 (3) 1..te e.A,V0:- - MR 23.92.023) ' ON ASSESSAELE ADmtTIONAL MIME LEGAL DESCIITTIOtt TOOTACI CNA=C= - - PAW=190. S ACCOUNT N0. S1821O-0061 VTVn4L $0O�Iy 133.25 fr.ft. 4,383.02 4l UNION AO N! t=! 120 TT al 1OLGt PDX TIS 7 2 f morrow481111 UN VA 98056 AND 6 MAITDIS ALUM D1RmC N 1/2 O7 T1S 7 AND 8 LESS • S 172 7T TROY AND V 230 TI 31107 TADS'NO. 6 ACCOUNT N0. 518210-0068 172 fr.ft. 8 4.839.04 • 2 RECALL WOODALL OM ATN= ! 12O IT OT TOLG: P01 Ti 7 MAITINS Acts TES USIEC DAY • =TON, WA 98036 !'264 TT O7 5:172 77 of 1 1/2 • 8 PARCEL NO. 7 ACCOUNT N0. 518210-0050 327.15 fr.ft. $ 9,242.06 • - DO1 NN.ENTEITIISES• V 120 7T OP YOLCI 701 T1S 3 T.O. DOE 2827 AND 6 MAITIIS ACRE T73 DXTXC ' EENTON,-WA 98056 TT ACT 39961303 MOSIL= n 1 1/2 LESS S 110 7T 0T 1213 7T- . LESS CO. ID. CO TOTALS: 2,240,12 fr.ft. $63,263.90 • • • • PAI147. N0. 2 'DEV>0er S TI0-1ATA SHARE: THIS AM3ONT 71L-PAID AND MOZ ASS:81AiLi UDDER TERMS O7 THIS ACID. • • SAEET 5OT6 • • le illinl- •.. - . . . • . 1 1 1 . . L_ 1 111 q ';4;11/. • I ---,I! r.• 1 ill ' , '..i . ••" • ' -:: '...• ."'. ......, .14 , , I;; r �� • •t' t n. • Zi f,ll • • • • •• • • �.` ' •• •,1 : , r -1...."-`",".u"m.lu, •."uuwwlw.....l�:.w,,1.,N"Mu. uu.0 tl�l ,...• f''..'',,,C."n'Y • ` �. .OLI l+ xt_•� ../ ' ® ,, t, o r.. .I , 1. •r 7t#�--:—n�_ - �. it .; i I 1 • • _ e •F •.".w.""""".""www..w.",ww••ww•w•w"w••••• : i �. o • 1 r: . t- t . II t Z + o 1* , ti '• ......— .•t:‘ • ***** .: 1 •' . 1 ,3 • 1 .‘ to j I. 4.6: IIIM . . a� I: ,: , i 't • ,,.1 • pti' '.1.; I-: i ) ' •s,V••; V•fgi:`f .^' 1%ii J y ..,__..,T.,..._. �r•• -r•+ —•� r 4 r w.-P; .r• r •N 1;1 '�.-ttr 7�4. I��tr��t�`=�Fe. ./ • 1. N 'AY MOIN(1 »... • • • Z iCi. � �J'., ,;1 4. • • ::: "fir Y•' ` x "`• { 3!. • is • x'4► , • • 'WHEN RECORDED)RETURN TO: From Exhibit'A' Clay Oat to'tincnct: nnlce,,(the CIty C3ctt Protect• _ 1 Renton Municipal auMWin5 ' Zoo Mill Averts South Dim• Renton.WA 911)SS Kin"Co.Red• 5, Naive t'f I Iokier of LC_AC: -Y EXTENSION OF PRIVATE DEVELOPER HELD LATECOMER'S AGREEMENTS 3 • WHEREAS, the latecomer agreements listed on attached Exhibit 'A', were heretofore executed by and S 3 between CITY OF REN TON, a Washington municipal corporation, and the listed holders of the latecomer agreements,and WHEREAS, said latecomer agreements were recorded on the dates and by the King County Recording t Numbers as shown and • WHEREAS,said latecomer agreements create a potential charge on specifically defined properties;and WHEREAS, it is necessary that the potential charge created by the latecomer agreements for the parcels covered by the legal descriptions within the latecomer agreements,as listed on Exhibit'A',be extended. NOW, THEREFORE, BE IT KNOWN: That the City of Renton, Washington, hereby extends the i expiration date for the Private Developer Held Latecomer Agreements listed on Exhibit 'A"vithin the moratorium area established by Resolution No. 2764. for the 1628 days the moratorium was in effect. 8 The adjusted individual dates of expiration arc given (or each latecomer agreement on Exhibit A . t'7 SEE ATTACHED EXHIBIT'A' p C7 •o c.0 SIGNED this - \ day of ill l ; . 1994. O ^ v. BY: ie° - . ;"C,'/�:�`—. Gregg 2Jrninerman,Administrator • Planning/Building/Public Works STATE OF WASI IINGTON ) 55 COUNTY OF KING ) On this day personally appeared before me. Gregg Zimmerman to me known to be the Administrator of Planning/Blinding/Public Works Department and acknowkdged to me that he was authorized to execute the within on its behalf. That he further acknowledges he executed the same as a free and voluntary act • and deed,for the uses and purposes therein mentioned. • { 11 ; GIVEN under my hand and official seal this •L' date of At , 199-I. 4 Dated: 1.}• [1`t «�� ti �h * '-4 1�-5.� Notary Public in and for the State of Washington Notary(Print) L.1-0) t 12- My appolntmcnt expires "` `I rrn h,m 10.ryw1 M.\N'n hh 1\MINI II A4.N1 I M1 Yt I'\'r It At. 1 '-. — I r'1 • 111. • • Wt 1EN RELOADED tETIJIN TO: Ftum Exhibit'A' omct a the C y Clerk Utz Clerk In reference tit• Renton Municipal heading 2m Mill Micmac Sneak DW • Renton.WA 911055 King Rye• Named 11okirr of LCAC. EXTENSION OF PRIVATE DEVELOPER HELD LATECOMER'S AGREEMENTS WHEREAS, the latecomer agreements listed on attached Exhibit 'A', were heretofore executed by and between CITY OF REYI'ON, a Washington municipal corporation, and the listed holders of the latecomer agreements,and WHEREAS, said latecomer agreements were recorded on the dates and by the King County Recording Numbers as shown and WHEREAS.said latecomer agreements create a potential charge on specifically defined properties;and WHEREAS, it is necessary that the potential charge created by the latecomer agreements for the parcels covered by the legal descriptions within the latecomer agreements,as listed on Exhibit'A',be extended. NOW, THEREFORE, BE IT KNOWN: That the City of Renton, Washington, hereby extends the expiration date for the Private Developer Held Latecomer Agreements listed on Exhibit 'A'wlthin the LI moratorium area established by Resolution No. 2764, for the 1628 days the moratorium was in effect. The adjusted individual dates of expiration are given for each latecomer agreement on Exhibit 'A'. :2 • C7 SEE ATTACKED EXHIBIT'A' 1 . � a SIGNED this — day of /11 4 j , 1994. BY: . jZlr�i Gregg merman,Administrator Planning/Building/Public Works STATE OF WASHINGTON ) 55 COUNTY OF KING ) On this day personally appeared before me,Gregg Zimmerman to me known to be the Administrator of Planning/Building/Public Works Department and acknowledged to me that he was authorized to execute the within on its behalf. That he further acknowledges he executed the same as a free and voluntary act and deed, for the uses and purposes therein mentioned. 1 � GIVEN under my hand and official seal this __ date of AA , 199.1. s Dated: ? 1 } [1 } itirLt i � r- t,s,_4_ Notary Public In and for the State of Washington J , Notary(Print) L'r.41) My appointment expires ' • '/4 •hem*,pin'N.m bur-spa MA/191 PA I X WRI I)At 1 MI VI PVT I t Al. z. . 1. • _ _ ir, • EXHIBIT'A' PRIVATE DEVELOPER- HELD LATECOMER AGREEMENT • 'Addt9 Adjusted Proj# King Co. !folder of Latecomer Date of Date of Extension (Extended) Dist/ Recording II Agreement Inception Expiration Days Date of Granted Expiration 1. W-458 8704161231 King County Dept.of Public 9/19/77 9/19/92 1628 3/5/1997 87-03 Worsts 87-04 Room 900 King County Admin Building Seattle,WA 98104 2. 5-435 8709250885 Pioneer Federal Savings Bank 9/22/87 9/22/97 1628 3/8/2002 87-06 4111 200th SW Lynnwood,WA 98036 3. 5429 8711180730 Fairfield Developments.Inc. 11/18/87 11/18/97 1628 5/4/2002 87-07 c/o Cheryl Henry Phase II I0900 NE 8th St Suite 900 Bellevue,WA 98004 4. 5-429 8705081045 Fairfield Developments,Inc. 5/4/87 5/4/97 1628 10/18/2001 87-08 c/o Cheryl Henry. Phase 1 10900 NE 8th St • Suite 900 Bellevue,WA 98004 • S. W-50S 8803161008 Lyle Barger 2/5/88 9/15/95 1628 2/29/20(8) 88-02 198 Union Av.NE Renton.WA 98056 j 6. 5455 8803161009 Miriam G. Ilotmyuist 2/22/88 2/22/98 1628 8/8/2002 8805 2610 NE 7th Street •4 Renton,WA 98056 • c SA1S 8804260281 Crown Pointe Ltd Ptnshp 4/6s88 4/0,98 1628 9'20/2002 88 07 Centron 3025 112th Ave NE Suite 100 Bellevue,WA 98009 • 8 W 953 9105231150 Windsor Place Associates 5/11,91 5/13/2001 1628 I1l.'2''2(8)5 5-474 31820 24th Av SW • • 91-04 Federal Way,WA 9105 Date Sanitary Scr Mun u tunnt U1 Elks( 7/I'/89 - cw• Doe S.nit,ry Sewer Moratorium expired I;;iM)3 • Until l)ay+ld Muraninurn 1628 'fr t I M.1 M M 1-h Na. -- COMM.A.N EALTH LAND TITLE INSURANCt CO. 14450 NE 29TH PLACE 4 BELLEVUE, WA 980073697 NORTHWEST RETAIL PARTNERS COUNTERSIGNED: 600 UNIVERSITY ST. , #3012 SEATTLE, WA 98101 Attn: TIM O ' KANE By: • Agmt —.m4fti ' a DY B . MCCROR ! 4 64 . '•398 FAX - (425) . • 6 517 SCHEDULE A Subdivision Guarantee Order No . H779539 Liability: $--- Premium: $300 . 00 Customer No . NW RETAIL Tax: 25 . 80 Total : $325 . 80 1 . Name of Assured: TIM C. O 'KANE 2 . Date of Guarantee : NOVEMBER 23 , 1998 THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE: That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See "LEGAL DESCRIPTION: " The estate or interest in the land which is covered by this guarantee is : Fee Simple Title to the estate or interest in the land is vested in: RIBERA-BALKO ENTERPRISES FAMILY LIMITED PARTNERSHIP subject to the Exceptions shown below, which are not necessarily shown in order of their priority. 1 . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on land or by the public records . 2 . (a) Unpatented mining claims; (b) reservations or exceptions in Patents or in Acts authorizing the issuance thereof ; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or (d) water rights, claims or title to water, whether or not the matters excepted under (a) , (b) , (c) , or (d) are shown by the public records . C; ._, CITYY ?ENT PfgNN!NG OF RENTO,v FEB 0 5 1999 RECEIVED Page 2 EXCEPTIONS Order No. H779539 4 3 . Title to any property beyond the lines of the land expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which said land abuts, or the right to maintain vaults, tunnels, ramps or any other structure or improvement ; or any rights or easements therein unless such property rights or easements are expressly and specifically set forth in the land described herein. 4 . GENERAL TAXES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No. Year Billed Paid Balance 518210-0020-03 1998 $5, 414 . 83 $5, 414 . 83 $0 . 00 Levy Code : 2100 Assessed Value Land: $410 , 000 . 00 Assessed Value Improvement : $ 1, 000 . 00 CONSERVATION TAX CHARGES for the year 1998 . Billed Paid Balance $5 . 00 $5 . 00 $0 . 00 AFFECTS : Parcel A 5 . GENERAL TAXES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No. Year Billed Paid Balance 518210-0031-00 1998 $737 . 79 $737 . 79 $0 . 00 Levy Code : 2100 Assessed Value Land: $55, 000 . 00 Assessed Value Improvement : $ 1 , 000 . 00 CONSERVATION TAX CHARGES for the year 1998 . Billed Paid Balance $5 . 00 $5 . 00 $0 . 00 AFFECTS : The north 60 feet of north 300 feet of Parcel B 6 . GENERAL TAXES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1 ; 2nd half delinquent on November 1) Tax Account No. Year Billed Paid Balance 518210-0030-01 1998 $9, 854 . 73 $9, 854 . 73 $0 . 00 Levy Code : 2100 Assessed Value Land: $748 , 000 . 00 Assessed Value Improvement : $ 0 . 00 Page 3 e EXCEPTIONS Order No . H779539 CONSERVATION TAX CHARGES for the year 1998 . Billed Paid Balance $5 . 00 $5 . 00 $0 . 00 AFFECTS : The remainder of Parcel B 7 . NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE-DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY. City/County/Agency: City of Renton Recorded: November 18, 1987 Recording No. : 8711180730 And extension thereof by instrument . Recorded: June 13 , 1994 Recording No. : 9406130332 8 . We have verified that RIBERA-BALKO ENTERPRISES FAMILY LIMITED PARTNERSHIP is a limited partnership. A copy of the partnership agreement and all subsequent modifications must be submitted to the Company for review. 9 . Matters which may be disclosed by a search of the records against the General Partner for the RIBERA-BALKO ENTERPRISES FAMILY LIMITED PARTNERSHIP. 10 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : Fairfield Developments, Inc . , , a Washington corporation Purpose : Sanitary sewer and appurtenances Area Affected: East 15 feet of Parcel A Recorded: September 26 , 1985 Recording No. : 8509260881 Grantee ' s interest was transferred to the City of Renton under King County Recording No. 8609111674 . 11 . RESERVATIONS AND EXCEPTIONS EXPRESSED IN CONVEYANCE . Grantor: Northern Pacific Railway Company Recording No . : 192430 As follows : Excepting and reserving unto the grantor, its successors and assigns, forever, all coal or iron upon or in said land; together with the use of such of the surface as may be necessary for exploring for and mining or otherwise extracting and carrying away the same; but the grantor, its successors and assigns, shall pay to the present legal owner or to their heirs, successors or assigns, the market value at the time mining operations are commenced of such portion of the surface as may be used for such operations or injured thereby including any improvements thereon. This commitment does not include the present ownership of or the encumbrances on the reserved mineral estate . Page 4 • EXCEPTIONS Order No. H779539 This policy does not include the present ownership of or the encumbrance on the reserved mineral estate . AFFECTS : Parcels A and B 12 . Right to make necessary slopes for cuts or fills upon the land herein described as granted to King County by deed recorded under Recording No. 5813072 . AFFECTS : Parcel A 13 . Right to make necessary slopes for cuts or fills upon the land herein described as condemned in King County Superior Court Cause No. 632233 . AFFECTS : Parcel B • 14 . Right to make necessary slopes for cuts or fills upon the land herein described as granted to King County by deed recorded under Recording No. 5823627 . AFFECTS : Parcel B 15 . Possible encroachment disclosed by Instrument recorded under King County Recording No . 9208071531 . 16 . MATTERS SET FORTH BY SURVEY: Recorded: February 9, 1989 Recording No. : 8902099005 Discloses : Easements and fence extends over westerly property line of Parcel A and fence extends over the east line of Parcel B NOTE : Because we were not provided with an amount of liability at the time this Guarantee was requested, the amount shown herein is a minimum for this type of report . If an increased liability amount is required, please contact your Title Officer. An additional fee will be applied in the event an increased liability amount is requested. BSK/cgg Page 5 L a C Order No. H779539 LEGAL DESCRIPTION: PARCEL A: The east half of the northwest quarter of the northwest quarter of the northwest quarter of Section 15 , Township 23 North, Range 5 East, W.M. , in King County, Washington; EXCEPT portion thereof conveyed to King County for S .E. 128th Street, under King County Recording No. 5813072 ; EXCEPT all coal and minerals and the right to explore for and mine the same, as excluded by deed recorded under King County Recording No. 192430 ; (ALSO KNOWN AS Tract 2 , Martin' s Acre Tracts, unrecorded) . PARCEL B : The west half of the northeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 North, Range 5 East, W.M. , in King County, Washington; EXCEPT the north 30 feet thereof; AND EXCEPT portion condemned in King County Superior Court Cause No. 632233 for street; AND EXCEPT the north 12 feet thereof conveyed to King County for S .E. 128th Street by deed recorded December 16 , 1964 under King County Recording No. 5823627; EXCEPT all coal and minerals and the right to explore for and mine the same, as excluded by deed recorded under King County Recording No. 192430 ; (ALSO KNOWN AS a portion of Tract 3 , Martin' s Acre Tracts, unrecorded) . Page 6 • SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. COMMONWEALTH LAND TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. „..... ,...„.. t, r--- , ., ,,,,„,,,_,_, 2 -mop• •••- 1 ( 7ra.IN -- . ' -_ - - - 12 92.88-- ' PI NE. .4TH ST. SE. I28TH ST. 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Ao I This sketch is provided, without charge, for your information. It is not intended to show all matters related to the property including, but not limited to, area, dimensions, ease- ments, encroachments, or location of boundaries. It is not a part of, nor does it modify, the commitment or policy to which it is attached. The Company assumes NO LIABILITY for any matter related to this sketch. References should be made to an accurate survey for further information. . • COMMUivwEALTH LAND TITLE INSURANCL CO. 14450 NE 29TH PLACE BELLEVUE, WA 980073697 NORTHWEST RETAIL PARTNERS COUNTERSIGNED: UNIVERSITY #3012 SE /AP SEATTLE, WA 98101 01 Attn : TIM O ' KANE By: I/ DY B. MCCROR ! 4 ' 64 . ,398 FAX - (425) . • 6 517 SCHEDULE A Subdivision Guarantee Order No. H779539 Liability: $--- Premium: $300 . 00 Customer No. NW RETAIL Tax: 25 . 80 Total : $325 . 80 1 . Name of Assured: TIM C. O 'KANE 2 . Date of Guarantee : NOVEMBER 23 , 1998 THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE: That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See "LEGAL DESCRIPTION: " The estate or interest in the land which is covered by this guarantee is : Fee Simple Title to the estate or interest in the land is vested in : RIBERA-BALKO ENTERPRISES FAMILY LIMITED PARTNERSHIP subject to the Exceptions shown below, which are not necessarily shown in order of their priority. 1 . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on land or by the public records . 2 . (a) Unpatented mining claims; (b) reservations or exceptions in Patents or in Acts authorizing the issuance thereof ; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or (d) water rights, claims or title to water, whether or not the matters excepted under (a) , (b) , (c) , or (d) are shown by the public records . Page 2 • t EXCEPTIONS Order No . H779539 3 . Title to any property beyond the lines of the land expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which said land abuts, or the right to maintain vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property rights or easements are expressly and specifically set forth in the land described herein. 4 . GENERAL TAXES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No. Year Billed Paid Balance 518210-0020-03 1998 $5, 414 . 83 $5, 414 . 83 $0 . 00 Levy Code : 2100 Assessed Value Land: $410, 000 . 00 Assessed Value Improvement : $ 1, 000 . 00 CONSERVATION TAX CHARGES for the year 1998 . Billed Paid Balance $5 . 00 $5 . 00 $0 . 00 AFFECTS : Parcel A 5 . GENERAL TAXES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No. Year Billed Paid Balance 518210-0031-00 1998 $737 . 79 $737 . 79 $0 . 00 Levy Code : 2100 Assessed Value Land: $55 , 000 . 00 Assessed Value Improvement : $ 1, 000 . 00 CONSERVATION TAX CHARGES for the year 1998 . Billed Paid Balance $5 . 00 $5 . 00 $0 . 00 AFFECTS : The north 60 feet of north 300 feet of Parcel B 6 . GENERAL TAXES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No. Year Billed Paid Balance 518210-0030-01 1998 $9 , 854 . 73 $9, 854 . 73 $0 . 00 Levy Code : 2100 Assessed Value Land: $748, 000 . 00 Assessed Value Improvement : $ 0 . 00 Page 3 • EXCEPTIONS Order No. H779539 CONSERVATION TAX CHARGES for the year 1998 . Billed Paid Balance $5 . 00 $5 . 00 $0 . 00 AFFECTS : The remainder of Parcel B 7 . NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE-DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY. City/County/Agency: City of Renton Recorded: November 18, 1987 Recording No. : 8711180730 And extension thereof by instrument . Recorded: June 13 , 1994 Recording No. : 9406130332 8 . We have verified that RIBERA-BALKO ENTERPRISES FAMILY LIMITED PARTNERSHIP is a limited partnership. A copy of the partnership agreement and all subsequent modifications must be submitted to the Company for review. 9 . Matters which may be disclosed by a search of the records against the General Partner for the RIBERA-BALKO ENTERPRISES FAMILY LIMITED PARTNERSHIP. 10 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF : Grantee : Fairfield Developments, Inc . , , a Washington corporation Purpose : Sanitary sewer and appurtenances Area Affected: East 15 feet of Parcel A Recorded: September 26, 1985 Recording No . : 8509260881 Grantee ' s interest was transferred to the City of Renton under King County Recording No. 8609111674 . 11 . RESERVATIONS AND EXCEPTIONS EXPRESSED IN CONVEYANCE. Grantor : Northern Pacific Railway Company Recording No. : 192430 As follows : Excepting and reserving unto the grantor, its successors and assigns, forever, all coal or iron upon or in said land; together with the use of such of the surface as may be necessary for exploring for and mining or otherwise extracting and carrying away the same; but the grantor, its successors and assigns, shall pay to the present legal owner or to their heirs, successors or assigns, the market value at the time mining operations are commenced of such portion of the surface as may be used for such operations or injured thereby including any improvements thereon. This commitment does not include the present ownership of or the encumbrances on the reserved mineral estate . Page 4 EXCEPTIONS Order No. H779539 This policy does not include the present ownership of or the encumbrance on the reserved mineral estate . AFFECTS : Parcels A and B 12 . Right to make necessary slopes for cuts or fills upon the land herein described as granted to King County by deed recorded under Recording No. 5813072 . AFFECTS : Parcel A 13 . Right to make necessary slopes for cuts or fills upon the land herein described as condemned in King County Superior Court Cause No. 632233 . AFFECTS : Parcel B 14 . Right to make necessary slopes for cuts or fills upon the land herein described as granted to King County by deed recorded under Recording No. 5823627 . AFFECTS : Parcel B 15 . Possible encroachment disclosed by Instrument recorded under King County Recording No . 9208071531 . 16 . MATTERS SET FORTH BY SURVEY: Recorded: February 9 , 1989 Recording No. : 8902099005 Discloses : Easements and fence extends over westerly property line of Parcel A and fence extends over the east line of Parcel B NOTE : Because we were not provided with an amount of liability at the time this Guarantee was requested, the amount shown herein is a minimum for this type of report . If an increased liability amount is required, please contact your Title Officer. An additional fee will be applied in the event an increased liability amount is requested. BSK/cgg Page 5 Order No. H779539 • LEGAL DESCRIPTION: PARCEL A: The east half of the northwest quarter of the northwest quarter of the northwest quarter of Section 15 , Township 23 North, Range 5 East, W.M. , in King County, Washington; EXCEPT portion thereof conveyed to King County for S .E. 128th Street, under King County Recording No. 5813072 ; EXCEPT all coal and minerals and the right to explore for and mine the same, as excluded by deed recorded under King County Recording No. 192430 ; (ALSO KNOWN AS Tract 2, Martin ' s Acre Tracts, unrecorded) . PARCEL B : The west half of the northeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 North, Range 5 East, W.M. , in King County, Washington; EXCEPT the north 30 feet thereof; AND EXCEPT portion condemned in King County Superior Court Cause No. 632233 for street; AND EXCEPT the north 12 feet thereof conveyed to King County for S .E. 128th Street by deed recorded December 16 , 1964 under King County Recording No. 5823627; EXCEPT all coal and minerals and the right to explore for and mine the same, as excluded by deed recorded under King County Recording No. 192430 ; (ALSO KNOWN AS a portion of Tract 3 , Martin' s Acre Tracts, unrecorded) . Page 6 • SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. COMMONWEALTH LAND TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. , r.'\ • • .7 7 f- 5 ? ,..F., • • - -- - - 12 92.8 8--- NE. A4TH ST. SE. 128TH ST. �0 f. 463)•2 ......... . 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A ,+o I A • This sketch is provided, without charge, for your information. It is not intended to show all matters related to the property including, but not limited to, area, dimensions, ease- ments, encroachments, or location of boundaries. It is not a part of, nor does it modify, the commitment or policy to which it is attached. The Company assumes NO LIABILITY for any matter related to this sketch. References should be made to an accurate survey for further information. . SC1-7DUJLE OF EXCLUSIONS FRf'VM COVERAGE THE EXC-IONS FROM COVERAGE REFERRED IN PARAGRAPH 3 OF THE CONDITIONS AND STIPULATIONS ARE AS FOLLOWS: • ' ALTA OWNER'S POLICY (1047-92) AND-ALTA LEASEHOLD location of any improvement now or nereatter erected on IOC lain,: see OWNER'S POLICY(10-17-92) ownership or a change in the dimensions or arca of Inc land or an% parcel of w ht. • is or was a part:of uyr environmental protection.or the effect at an% s uilann, The following matters are expressly excluded from the coverage of this policy and the laws ordinances or governmental regulation,.except to the extent that a nnf, Company will not pay loss or damage.costs.attorney:fees or expenses which anse by reason enforcement thereof or a notice of a detect.hen or encumbrance resulting iron' of: or alleged violation affecting the land has been recorded in the public records I. tar Any law.ordinance or governmental regulation iinc udmg but not limited to buildingPo or alleged and zoning laws.ordinances.or rcgulauonsi restricting,regulating.prohibiting or relating IblAnv governmental police power not excluded hs tat above.except to the eyi to lit the occupancy.use.or enjoyment of the land:lot the character.dimensions or notice of the exercise thereof or a notice of a detect.lien or encumbrance result,. location of any improvement now or hereafter erected on the land:Bill a separation in violation or alleged violation affecting the land has been recorded in the public, ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part:or liv)environmental protection.or the effectt of any violation of these Date of Policy. 2laws.ordinances or governmental regulations.except to the extent that t a notice of the Rights of eminent domain unless notice of the exercise thereof has been rccorc eeemelit nereul or a nonce of a detect.urn or encumbrance resulting from a violation public records at Date of Pohn.hut not excluding from coverage am iakmc ntor or alleged violation affecting the land has been recorded in the public records at Date of occurred prior to Date of Policy which would he binding on the right,rat a par, value without knowledge. Policy. thiAns governmental policy power not excluded by tat above.except to the extent that a ? Defects.hens.encumbrances.itdacrse claim,or other matters notice of the exercise thereof or a notice of a defect.lien or encumbrance resulting from a la)created.suffered.assumed or agreed to by the insured claimant. violation or alleged violation affecting the land has been recorded in the public records at flit not known to the Company.not recorded in the public records at Date of F known to the insured claimant and not disclosed in writing to the Company-by it Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in tht claimant pnor to the date the insured claimant became an irsured under this polic public records at Date of Policy.bin not excluding from coverage any taking which has Ict resulting in no loss or damage to the insureu claimant. occurred pnor to Date of Policy which would be binding on the nghis of a purchaser for (ill attaching or created subsequent to Date of Policy texcepl to the extent that attic without knowledge. insures the priority of the lien of the insured mortgage over any statutory hen to, Detects.liens.enc umbiances.adverse claims or other matters labor or material I.or to t created.suflered.assumed or agreed to by the insured claimant: lei resulting in loss or damage which would not base been sustained it the insurer t h, nor known to the Company.not recorded in the publicrecords at Date of Policy.but had paid value for the insured mortgage. I known to the insured claimant and not disclosed in writing to the Company by the insured 4. ltnentorceabihty of the hen of the insured mortgage because 01 Inc inability or claimant prior to the date the insured claimant became an insured under this policy: the insured at Date of Policy.or the Inability or failure of any subsequent ow ter resulting in no loss or damage to the insured claimant: indebtedness.to comply with applicable doing business laws of the state in whic i i attaching or created subsequent to Date of Policy:or is situated.d lei resulting in toss or damage which would not have been sustained if the insured claimant 5. Invalidity or unenforceahilify of the lien of the insured mortgage.or claim there had paid value for the estate or interest insured by this policy asses out of the transaction evidenced by the insured mortgage and is based upo 4. An claim.wtiirh arises out of the transaction vesting in the Insured the estate or interest any consumer credit protection or truth in lending law. y insured by this policy.to reason of the operation of federal bankruptcy.state insolvency. 6. Any statutory lien for services.labor or matenals for the claim of pnonty of an, or similar crednbts rights laws.that is based on lien tor services.labor or malenals over the lien of the insured mortgage i ansin .•;.,b rrt'psrctinn .:reaiire tti:estate or interest insured hs this policy brine deemed a improvement or work related to the land which i,contracted lur and cc nun:f:ur.•f u,:vas tin•c.'r tauautem transfer:or subsequent to Date of Polies and f• not financed:n whole or ir,ran by prsrse e ,e, tr.uisat unit ,rcat:ng the estate or interest insured to this pours being deemed a indebtedness secured by the Insured mortgage whic,i at Date of Policy the In -•^r• •• •Jr,ir•r essept wi ere the preferential transfer results from the failure advanced or is obligated to advance. f„� •. ,c....a in,instrument of transfer.or Any claim which arias out of ih.:transaction creating the Interest of the song•,r� uu:uaurr tar impart notice to a purchaser for sa,ue or a woimeni or lien by this polio.by reason of the operation of federal hank rum, state mods sus s creditor, rights laws.that based or, tal the transaction creating the:wrest of the insured mortgagee hying deemed a ALTA LOAN POLICY (10-17-92) AND ALTA LEASEHOLD LOAN conveyance or fraudulent transler.cr. POLICY 11(I-17-92) tht the subordination of the interest of the insured mortgagee as a iesult of the e The lotniwing matters are expressly excluded from the coverage of this policy and the Company of the doctrine of equitable subordination.or wit'not nas suss nr damage.cost..attorneys tees or expenses which arise 6s reason o' lei the trancac'ion creating the totems? ni the insured morti'acee being preferential transfer except where the preterenttal transter results nom the failure .a, Any law ordinance or governmental regulation(including but not limited h,huildinc 1(i to timeis record the instrument or transfer:or an.: 'come law'. ordinances.or regulations'restricting regulating.prohibiting or relatine fin of such recordation to impart notice to a purchaser for value or a judgm to it the occupancy use.or enjoyment of the land. in the character,dimensions or creditor. CLTA STANDARD COVERAGE LOAN POLICY(1990) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage.costs.attorneys'fees or expenses which anse by reason of I ia,Ans law.ordinance or governmental regulation'including but not limited in building or zoning laws.ordinances.or regulations)restricting.regulating.prohibiting or relating occupants.use.or enjoyment of the land:hit the character.dimensions or location of any improvement now or hereafter erected on the land:Our a separation in ownership or a shot dimensions or area of the land or any parcel of which the land is or was a pan.or its i environmental protection.or the effect of any violation of these laws.ordinances or gov regulations.except to the extent that a nonce of the enforcement ihereot of a nonce tit a detect.lien or encumbance resulting from a violation or alleged violation affecting the lane recorded in the public records at Dale of Police th,Any governmental police power not excluded hs tat abose.except to the ruin:that a notice of the exercise thereof or a notice of a defect.lien or encumbrance resulting from a v alivgcd s,olation affecting the land has been recorded in the public re.nrds at Date of Poll::: Rights di eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy.but not excluding from coverage any taking which has met to Date of Policy which would be binding on the rights of a purchaser tor value without knowledge. Defects.hens.encumbrances.adverse claims or other matters: tat whether or not recorded in the public records at Date of Policy.but created.suffered.assumed or agreed to by the Insured claimant: ib, not known to the Company.not recorded in the public records at Date of Polies.but known in the insured claimant and not disclosed in writing to the Company by the insure prior to the date the insured claimant became an Insured under this pone%. if t resuiting in no loss or damage to the insured claimant. id,attacning or created subsequent to Date of Policy:or let resulting in loss or damage which would not have been sustained ii the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy 4 1.nenforceahtl.iv of the hen of the insured mortgage because of the inahilhs nr failure of the tenured al Date of Policy.or the inability or failure of any subsequent owner of the end: to comply with the applicable doing business taws of the state in which the land is situated. 5 Invalidity or unenforceabihly of the lien of the insured mortgage.or claim thereof.which arises out of the transaction evidenced by the insured mortgage and is teased upon us consumer credit protection or truth in lending law. 6. Any claim.which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by rei r operation of federal bankruptcy.state insolvency or similar creditors rights laws II NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED ' COMMITMENT,AND A SPECIMEN COPY OF THE POLICY FORM(OR FORMS)REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. Form 2240-6(2-93)(WA) �� SCHEDULE B EXCEPT_1e l SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNERS' POLICIES - STANDARD COVERAGE AND CLTA •STANDARD COVERAGE LOAN POLICY The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. attorneys'fees or expenses which arise by reason of: 1. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authorit' ievies taxes or assessments on real property or by the public records: proceedings by a public agency which may result in tax assessments,or notices of such proceedings.whether or not shown by the records of such agency or by the public records. 2. Any facts.rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection land or which may be asserted by persons in possession.or claiming to be in possession.thereof. 3. Easements,liens or encumbrances,or claims thereof.which are not shown by the public records. 4. Discrepancies. conflicts in boundary lines. shortage in area, encroachments, or any other facts which a correct survey of the would disclose,and which are not shown by the public records. 5. An) lien. or right to a lien, for labor, material. services or equipment. or for contributions to employee benefit plans. or liens workers'compensation laws,not disclosed by the public records. 6. la) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof: (c) Indian or aboriginal rights. including, but not limited to. easements or equitable servitudes: or, (d) water rights, claims or title to whether or not the matters excepted under(a),(b).(c)or(d)are shown by the public records. 7. Right of use. control or regulation by the United States of America in the exercise of powers over navigation: any prohibits limn:ation on the us_. occupancy or improvement of the !and resulting from the rights of the public or riparian owners to us +titer, which may cover the land or to use any portion ot the land which is now or may formerly have been covered by water. -fin ,cr tics installation.connection. maintenance or con,truction charges for sewer, water.electricity,garbage collection or dis, r utn,r utilities unless disclosed as an existing her. by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNERS' POLICIES—EXTENDED COVERAGE The following matters are expressly' excluded trom the coverage of this policy and the company will not pay loss or damage. attorneys' fees or expenses which arise by reason ot: I. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authorit levies taxes or assessments on real property or by the public records: proceedings by a public agency which may result in ta: assessments.or notices of such proceedings. whether or not shown by the records of such agency or by the public records. 2. Underground easements, servitudes or installments which are not disclosed by the public records. 3. cal Unpatented mining claims: (b) reservations or exception, in patents or in Acts authorizing the issuance thereof: (c) Indian or aboriginal rights. including, but not limited to. easements or equitable servitudes: or, (d) water rights, claims or title to whether or not the matters excepted under(a),(b). (c)or(di are shown by the public records. 4. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibit limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to u' waters which may cover the land or to use any ponton of the land which is now or may formerly have been covered by water. 5. Any service. installation.connection,maintenance. „r Lonstruction charges fur sewer, water,electricity,garbage collection or di or other utilities unless disclosed as an existing lien by the public records. Washington • B 2240-6(2-93) ISSUED ISY I.UMMITMENI tOk 111 LL INSUKANLL CoMMowwtwtm I1mE INSURANCE COMPANY Commonw Ith Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con- siieration, hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Ir sured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred tc in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and tc the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment o by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations h;reunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall b° issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF,COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed: this instrument,including Commitment. Conditions and Stipulations attached. to become valid when countersigned by an Authorized Officer or Agent of the Company. �c,11Tt f, COMMONWEALTH LAND TITLE INSURANCE COMPANY p ,,..,, J'y�G 9 Attest: , ,,'/77„,,,1 By / z c S*IV0 ; Secretary President Conditions and Stipulations I. The term mortgage, when used herein,shall include deed of trust, trust deed, or other security instrument. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability i subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed insured wnicn are nereny incorporated by reference and are made a par of this Commitment except as expressly modified herein. . Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising ou of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment mus be based on and are subject to the provisions of this Commitment. PA 3 American land Title Association Commitment- 1066 Cover Page Form 1004-8 ORIGINAL r Commonwealth LAND TITLE INSURANCE COMPANY Commitment For Title Insurance Title insurance since 1876 � J COMMUNwEALTH LAND TITLE INSURANCE, CO. 14450 NE 29TH PLACE BELLEVUE, WA 980073697 NORTHWEST RETAIL PARTNERS COUNTERSIGNED: 600 UNIVERSITY ST. , #3012 //Ali/ r SEATTLE, WA 98101 "P Attn : TIM O' KANE By: ' • DY B. MCCROR ! 4 ' 64. :398 FAX - (425) . • 6 517 SCHEDULE A Subdivision Guarantee Order No . H779539 Liability: $--- Premium: $300 . 00 Customer No. NW RETAIL Tax: 25 . 80 Total : $325 . 80 1 . Name of Assured: TIM C. O ' KANE 2 . Date of Guarantee : NOVEMBER 23 , 1998 THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE : That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See "LEGAL DESCRIPTION: " The estate or interest in the land which is covered by this guarantee is : Fee Simple Title to the estate or interest in the land is vested in: RIBERA-BALKO ENTERPRISES FAMILY LIMITED PARTNERSHIP subject to the Exceptions shown below, which are not necessarily shown in order of their priority. 1 . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on land or by the public records . 2 . (a) Unpatented mining claims ; (b) reservations or exceptions in Patents or in Acts authorizing the issuance thereof ; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or (d) water rights, claims or title to water, whether or not the matters excepted under (a) , (b) , (c) , or (d) are shown by the public records . Page 2 EXCEPTIONS Order No. H779539 3 . Title to any property beyond the lines of the land expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which said land abuts, or the right to maintain vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property rights or easements are expressly and specifically set forth in the land described herein. 4 . GENERAL TAXES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No. Year Billed Paid Balance 518210-0020-03 1998 $5, 414 . 83 $5, 414 . 83 $0 . 00 Levy Code : 2100 Assessed Value Land: $410, 000 . 00 Assessed Value Improvement : $ 1, 000 . 00 CONSERVATION TAX CHARGES for the year 1998 . Billed Paid Balance $5 . 00 $5 . 00 $0 . 00 AFFECTS : Parcel A 5 . GENERAL TAXES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1 ; 2nd half delinquent on November 1) Tax Account No. Year Billed Paid Balance 518210-0031-00 1998 $737 . 79 $737 . 79 $0 . 00 Levy Code : 2100 Assessed Value Land: $55, 000 . 00 Assessed Value Improvement : $ 1, 000 . 00 CONSERVATION TAX CHARGES for the year 1998 . Billed Paid Balance $5 . 00 $5 . 00 $0 . 00 AFFECTS : The north 60 feet of north 300 feet of Parcel B 6 . GENERAL TAXES, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No. Year Billed Paid Balance 518210-0030-01 1998 $9 , 854 . 73 $9 , 854 . 73 $0 . 00 Levy Code : 2100 Assessed Value Land: $748, 000 . 00 Assessed Value Improvement : $ 0 . 00 Page 3 EXCEPTIONS Order No. H779539 CONSERVATION TAX CHARGES for the year 1998 . Billed Paid Balance $5 . 00 $5 . 00 $0 . 00 AFFECTS : The remainder of Parcel B 7 . NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE-DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY. City/County/Agency: City of Renton Recorded: November 18 , 1987 Recording No. : 8711180730 And extension thereof by instrument . Recorded: June 13 , 1994 Recording No. : 9406130332 8 . We have verified that RIBERA-BALKO ENTERPRISES FAMILY LIMITED PARTNERSHIP is a limited partnership. A copy of the partnership agreement and all subsequent modifications must be submitted to the Company for review. 9 . Matters which may be disclosed by a search of the records against the General Partner for the RIBERA-BALKO ENTERPRISES FAMILY LIMITED PARTNERSHIP. 10 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee : Fairfield Developments, Inc . , , a Washington corporation Purpose : Sanitary sewer and appurtenances Area Affected: East 15 feet of Parcel A Recorded: September 26 , 1985 Recording No. : 8509260881 Grantee ' s interest was transferred to the City of Renton under King County Recording No. 8609111674 . 11 . RESERVATIONS AND EXCEPTIONS EXPRESSED IN CONVEYANCE . Grantor: Northern Pacific Railway Company Recording No . : 192430 As follows : Excepting and reserving unto the grantor, its successors and assigns, forever, all coal or iron upon or in said land; together with the use of such of the surface as may be necessary for exploring for and mining or otherwise extracting and carrying away the same; but the grantor, its successors and assigns, shall pay to the present legal owner or to their heirs, successors or assigns, the market value at the time mining operations are commenced of such portion of the surface as may be used for such operations or injured thereby including any improvements thereon. This commitment does not include the present ownership of or the encumbrances on the reserved mineral estate . Page 4 rc EXCEPTIONS Order No . H779539 This policy does not include the present ownership of or the encumbrance on the reserved mineral estate . AFFECTS : Parcels A and B 12 . Right to make necessary slopes for cuts or fills upon the land herein described as granted to King County by deed recorded under Recording No. 5813072 . AFFECTS : Parcel A 13 . Right to make necessary slopes for cuts or fills upon the land herein described as condemned in King County Superior Court Cause No. 632233 . AFFECTS : Parcel B 14 . Right to make necessary slopes for cuts or fills upon the land herein described as granted to King County by deed recorded under Recording No . 5823627 . AFFECTS : Parcel B 15 . Possible encroachment disclosed by Instrument recorded under King County Recording No. 9208071531 . 16 . MATTERS SET FORTH BY SURVEY: Recorded: February 9, 1989 Recording No. : 8902099005 Discloses : Easements and fence extends over westerly property line of Parcel A and fence extends over the east line of Parcel B NOTE : Because we were not provided with an amount of liability at the time this Guarantee was requested, the amount shown herein is a minimum for this type of report . If an increased liability amount is required, please contact your Title Officer. An additional fee will be applied in the event an increased liability amount is requested. BSK/cgg Page 5 Order No. H779539 • LEGAL DESCRIPTION: PARCEL A: The east half of the northwest quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 North, Range 5 East, W.M. , in King County, Washington; EXCEPT portion thereof conveyed to King County for S .E. 128th Street, under King County Recording No. 5813072 ; EXCEPT all coal and minerals and the right to explore for and mine the same, as excluded by deed recorded under King County Recording No . 192430; (ALSO KNOWN AS Tract 2, Martin' s Acre Tracts, unrecorded) . PARCEL B : The west half of the northeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 North, Range 5 East, W.M. , in King County, Washington; EXCEPT the north 30 feet thereof; AND EXCEPT portion condemned in King County Superior Court Cause No. 632233 for street; AND EXCEPT the north 12 feet thereof conveyed to King County for S .E . 128th Street by deed recorded December 16 , 1964 under King County Recording No. 5823627; EXCEPT all coal and minerals and the right to explore for and mine the same, as excluded by deed recorded under King County Recording No. 192430 ; (ALSO KNOWN AS a portion of Tract 3 , Martin' s Acre Tracts, unrecorded) . Page 6 f • SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. COMMONWEALTH LAND TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. t P !"."'\ a . '7 7 f- 5 ? Imo.- - -- — — I292.88 . 0 NE. A4TH ST. SE. 128TH ST. ; It �C�. 4ai•�i ...-......... . V. .T•TtSST. k" .a.3,a.7 -_' 1<,apa.as 1;�5 3134a.• afar• aavaata 1 32342P. t�23•=2 ) II G u ugs __ A /sO ia1.s2 ifIsl 3l1>:♦ v‘ I a a We 0 •a" lot I • e,,��!! n . il 4c 4; t, y II II ico ca ' e 03f V4p13ojQo Mrx asrot-so lg3 +8y?09z. ,'3 ii -'^ 1 • • a • ., Op % a Nae•of•.se o t t V�g' lot 2 s�o�,1, sy•• •• a1"' T � 1-* I I. . Lei • i'ZTe•r-se.o J a I ; d _e n, tZ �t3 '�� h •(I� aiZ • I Ill .. rl es-oc •ss Yq r•►3.se �+ y� ✓ V S.A.Ai �/ 3�.f v mV �/ • l V a ^\ O :41. I�f 0 ; N • -. 4 .ae cuss.. z4u� Q REN Se!fS-79 AF 7f1011f007 G. Lai "� LOT 1 * 0 I.I. LOT 2 ��¢ V�:I II k o h R•M TnM C4E0 9S 70 n 'LP0 90 �,�yo cP" el 321.0.2 o <29.s.i3) 1 L 324otcr) .�:se+f - 3a7.as Ar_c.v ./3� �"1'1' •'" taV I N.II LJ KeiNTON oeD I x !•70 S. GQ' cc P W 2' r `. �t S r Q , y c ..c -' "— - - asp "t zen .., iv:.1 .A N s N N IhV l D I� ,u t • A �i �41 A0 I t• , , Ct , v J ALA h .:_a d. .. .2 .f.o I This sketch is provided, without charge, for your information. It is not intended to show all matters related to the property including, but not limited to, area, dimensions, ease- ments, encroachments, or location of boundaries. It is not a part of, nor does it modify, - the commitment or policy to which it is attached. The Company assumes NO LIABILITY for any matter related to this sketch. References should be made to an accurate survey for further information. . SC-7c:RULE OF EXCLUSIONS FW.M COVERAGE t • • THE EXC.L.,SIONS FROM COVERAGE REFERREL _ _ IN PARAGRAPH 3 OF THE CONDITIONS AND STIPULATIONS ARE AS FOLLOWS: ALTA OWNER'S POLICY (10-17-92) AND ALTA LEASEHOLD location of am improvement now nr nereatter erected on in tan,: set. ownership or a change in the dimensions or area of Inc land or any parcel of OWNER'S POLICY(10-17-92) west. is or was a part:or*iv environmental protection.or the Oleo of ions y The following matters are expressly excluded from the coverage of this policy and the ) udaut, Company will not pay loss or damage.costs.attorneys'tees or expenses which anse by reason laws.ordinances or governmental regulation,.except to the extent that a no. enforcement thereof or a notice of a detect.lien or encumbrance resuinnc irons. of. I. fat Any law,ordinance or governmental regulation*including but not limited to building or alleged violation affecting the land has been recorded in the public records and zoning laws.ordinances.or regulations)restricting.regulating.prohibiting or relating Policy. to ti the occupancy.use.or enjoyment of the land:lilt the character.dimensions or Ib)Any governmental police power not excluded he fat above.except to the rs location of any improvement now or hereafter erected on the land:Ito)a separation in notice of the exercise thereof or a notice of a detect.lien or encumbrance reswt ownership or a change in the dimensions or area of the land or any parcel of which the land violation or alleged violation affecting the land has been recorded in the public is or was a part:or fig)environmental protection.or the effect of any violation of these Dale of Policy. laws.ordinances or governmental regulations,except to the extent that t a notice of the 2. Rights of eminent domain unless notice of the exercise thereot has been retort enforcement hereof or a notice of a detect.urn or encumbrance resulting from a violation Public records at Date of Policy.but nor excluding from coverage any taking or alleged situation affecting the and has been recorded in the public records at Date of occurred prior to Date of Policy which would he mum?on the debts of a put Policy. value without knowledge. hr4ny governmental policy power not excluded by far above.except to the extent that a 3 Defects•liens.encumbrances.adverse claim or other matted notice of the exercise thereof or a notice ot a detect.ben or encumbrance resulting from a tat created.suffered.assumed or agreed to by the Insured claimant. violation or alleged violation affecting the land has been recorded in the public records at Ib) not known to the Company.not recorded in the public records at Date of F known to the insured claimant and not disclosed anwriting to the Company by I' Date of Polies. '. Rights of eminent domain unless notice of the exercise thereof has been recorded in the claimant poor to the date the insured claimant became an irsurcd under this pont public records at Date of Policy.but not excluding from coverage any taking which has lc)resulting in no loss or damage to the msureu claimant. • occurred pnor to Date of Policy which would be binding on the nghts of a purchaser for (d)attaching or created subsequent to Date of Policy'except to the extent that value without knnwlcdc:. insures the pnonty of the lien of the insured mortgage over am y li en to Detects.liens.encumbtances.adverse claims or other matters labor or material):or tat created.suffered.assumed or agreed to by the Insured claimant. let resulting in loss or damage which would not have been sustained it the insure, nor known in the Company.not recorded in the public records at Date of Policy.but had paid value for the insured mortgage ►nnwn to the insured claimant and not disclosed in writing to the Company by the insured • 4. lrnentorceabduv of the lien of the insured mortgage because of the inability of claimant prior to the date the insured claimant became an insured under this policy: the insured at Date of Policy.or the inability or failure ot any subsequent ow tc)resulting in no loss or damage to the insured claimant, indebtedness•to comply with applicable doing business laws of the slate in whit • (di attaching or created subsequent to Date of Policy:or is situated' is r resulting in toss or damage which would not have been sustained if the insured claimant S. Invalidity or unenforeeabifiiy of the lien of the insured mortgage.or claim then had paid value fir the estate or interest insured by this policy. arises out of the transaction evidenced by the insured mortgage and is based upo • 4. Any claim.which arises out of the transaction vesting in the Insured the estate or interest any consumer credit protection or truth in lending law. - insured bs this policy.bs reason of the operation of federal bankruptcy.state insolvency. 6. Any statutory lien for services.labor or materials for the claim of pnonty of an or similar creditors rights laws.that is based on: lien for services.labor or materials over the lien of the insured mortgage)ansir i.••the rr:m.rcntin .:reaunc tit:estate or interest insured hs this whey bemc deemed a improvement or work related to the land which !.contracted tut and co ueu 4nc:„a+a,es an•s or uauuuient transfer.or subsequent to Dare of Policy and rs not financed m wiioie or ir,tan hs nisei •r... rran.au u+n .rcat:ne Inc estate or interest insured its this prides teing deemed a mdeotedness secured by the insured mortgage wnfcu at Date of Policy the rr -r• •• I r•rot ter es'_epr where the preferential transfer results from the!allure advanced or is obligated to advance. I,•"-'. .�_.t ;tic instrument lit:ranstrr.ur Any ciaim which cu rx•o um inn of thi:trans:to creating the m mteresi of the ing, ur�aurr tit impart notice it!a purchaser for same or a rudg meat or hen by this policy.lit reason of the iteration o)iederal flank runic y.Slate in.4 ens s creditors rights laws.that is based or. tat the transaction creating the interest of the insured mortgagee bring deemed a A1,7 A LOAN POLICY 110-17-92) AND ALTA LEASEHOLD LOAN conveyance or fraudulent transfer.et POLICY(111-17-92) (hi the subordination of the interest of the insured mortgagee a,a iesult of the The tithow ing matters are expressly excluded from the coverage of this policy and the Company of the doctnne of equitable surordinatimr.or wit,not pas tu.s or damage.cost..attornes, tees or expenses which atrse hs rca.uu of c r the traneacuon creating the :merest nr the +nsured morteacee being preferential transfer except where the preferential transfer results horn the faiturr ta, An'. law ordinance nr governmental regulation!including but not limited to building !u to omen record the instrument or transfer:or any! ',nice law. ordinance .or regulations!restricting reeulannc.prohibiting or relating int el such recordation to:moan notice to a purchaser for value or a judgm to lit the occupancy. use. or enjoyment of the land. nu the character.dimensions or creditor. CLTA STANDARD COVERAGE LOAN POLICY(1990) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage.costs.attorneys'fen or expenses which anse by reason of: I to Any law.ordinance or governmental regulation including bur nor limited in building or zoning laws.ordinances.or regulations)restricting.regulating.prohibiting or relating occupancy.use.or enjoyment of the land:Oil the character.dimension,or location of any improvement now or hereafter erected on the land:tin a separation in ownership or a cha dimensions or area of the land or any parcel of which the and is or was a pan.or I iv r environmental protection.or the effect of any violation of these laws.ordinances or goy regwauons.except to the extent that a notice of the enlon'ement thereof or a notice tit a detect.lien or encumbrance resulting from a violation or alleged violation affecting the lark recnrued m the nubile records at Date of Polies ihtAny governmental police power not excluded by tat above.except io the extent that a nonce of the exercise thereof or a notice ot a defect.hen or encumbrance resulting from a v alleged siolaron affecting the land has been recorded in the public records at I)ate of Polr:• Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy.but not excluding from coverage any taking which has ccct• to Date of Policy which would be binding on the rights of a purchaser tor value without knowledge. Defects.liens,encumbrances.adverse claims or other matters. tar whether or not recorded in the public records at Date of Policy.but created...uttered.assumed or agreed to by the insured claimant: (b) not known to the Company.not recorded in the public records at Date of Policy.but known in the insured claimant and not disclosed in writing to the Company by the insure prior to the date the insured claimant became an insured under this policy u i resulting in no loss or damage to the insured claimant. td t attaching or created subsequent to Date of Policy.or le)resulting in toss or damage which would not have been sustained II the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy t nentorceahrlrry of the lien of the insured mortgage because of the inahrltrs or failure of the insured at Date of Policy.or the inability or failure of any subsequent owner of the ind to comply with the applicable doing business taws of the state in which the land is situated 5 Invalidity or unenforceability of the lien of the insured mortgage.Or claim thereof. which arises out of the transaction evidenced by the insured mortgage and is based upon us consumer credit protection or truth in lending law. 6. Any claim.which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by ref operation of federal bankruptcy.state insolvency or similar creditors rights laws NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED '' COMMITMENT,AND A SPECIMEN COPY OF THE POLICY FORM(OR FORMS)REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST Form 2240-6(2-93)(WA) SCHEDULE B EXCEPT • SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNERS' POLICIES - STANDARD COVERAGE AND CLTA STANDARD COVERAGE LOAN POLICY The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. attorneys'fees or expenses which arise by reason of: 1. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authoritx levies taxes or assessments on real property or by the public records: proceedings by a public agency which may result in tax assessments.or notices of such proceedings. whether or not shown by the records of such agency or by the public records. 2. Any facts.rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection land or which may be asserted by persons in possession.or claiming to be in possession,thereof. 3. Easements,liens or encumbrances,or claims thereof.which are not shown by the public records. 4. Discrepancies. conflicts in boundary lines, shortage in area. encroachments, or any other facts which a correct survey of the would d►sclose,and which are not shown by the public records. 5. An) lien. or right to a lien, for labor, material. services or equipment. or for contributions to employee benefit plans. or liens workers'compensation laws,not disclosed by the public records. 6. (a) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof: (c) Indian or aboriginal rights. including, but not limited to. easements or equitable servitudes: or. (d) water rights, claims or title to y whether or not the matters excepted under(a),(b).(c)or(di are shown by the public records. 7. Right of use. control or regulation by the United States of America in the exercise of powers over navigation: any prohibit' timttatiun on the use. occupancy or improvement of the land resulting from the rights of the public or riparian owners to us • sk:Arr. which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. An> ,en•;cc. Installation.connection. maintenance or con.tru:uon charges tor sewer, water.electricity.garbage collection or(iis • or otherr utilities unless disclosed as an existing lien the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNERS' POLICIES—EXTENDED COVERAGE The following matters are expressly excluded trom the coverage of this policy and the company will not pay loss or damage. attorneys'fees or expenses which arise by reason ot: I. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authorit levies taxes or assessments on real property or by the public records: proceedings by a public agency which may result in ta: assessments,or notices of such proceedings. whether or not shown by the records of such agency or by the public records. 2. Underground easements, servitudes or installments which are not disclosed by the public records. 3. la) Unpatented mining claims: (b) reservations or exception. in patents or in Acts authonzing the issuance thereof: (c) Indian or aboriginal rights, including, but not limited to. easements or equitable servitudes; or. (d) water rights, claims or title to whether or not the matters excepted under(a).(b).(c)or Id)are shown by the public records. 4. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibit. limitation on the use, occupancy or improvement of 'he land resulting from the rights of the public or riparian owners to u. waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water. 5. Any service,installation.connection,maintenance Lon.itruction charges fur sewer.water,electricity,garbage collection or di: or other utilities unless disclosed as an existing lien by the public records. Washington • B 2240-6(2-93) ISSUED DI' VUMM11MC1N1 TUtt II1LL Iry ur u-1 •L COMMONWEALTH I TITLE INSURANCE COMPANY • Commonvi,..aIth Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con- sideration, hereby commits to'issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies c)mmitted for have been inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment o- by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall l:e issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF,COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed; this instrument, including Commitment. Conditions and Stipulations attached. to become valid ,'hen countersigned by an Authorized Officer or Agent of the Company. iIT(f1yfG9 COMMONWEALTH LAND TITLE INSURANCE COMPANY = Attest: n By / /; /. W .. e• -Amp, 774svit/ c? V B ';0 V Secretary President Conditions and Stipulations The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. . If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien. encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly. but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. : . Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such Liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed insured wnicn are nereoy incorporated by reference and are made a part of this Commitment except as expressly modified herein. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 American Land Title Association Commitment- 'o66 Cover Page Form 1004-8 ORIGINAL J 0 t 0 Filed for Record at the Request of; THIS SPACE RESERVED FOR 0 After Recording, Mail to: RECORDER'S USE: Cairncross & Hempelmann, P.S. Attention: Timothy J. Devitt 70th Floor, Columbia Center p 701 Fifth Avenue o Seattle, Washington 98104 . ; QUIT CLAIM DEED Cu I m m 1. Grantors. The undersigned, Diana Lee Ribera, is the ,� duly appointed, qualified and acting Personal Representative of ,� the Estate of Ada Balko, deceased; and the undersigned, Henryryors" Balko, is the surviving spouse of Ada Balko, deceased (" O ,,-- herein). i t� 2. Estate. Ada Balko died on June 4, 1991. On June 26, c7 • the Will of Ada Balko dated July 20, 1988 (the "Will") was N. �I N 1991, p appointed Personal n admitted to robate, and Diana Lee Ribera was N I. W � Representative in the State of Washington Superior Court of King or County in Cause No. 91-4-00671-4 (the "Probate Proceedings"). N 3. Nonintervention Powers. By Order of Solvency entered T • on June 26, 1991 in the Probate Proceedings, Diana Lee Ribera was iI authorized to settle the Estate without further court intervention or supervision. 1 4. Described Community Real Property. Included among the property passing under the esidue of theEstate eiof Ada tB in alkreal Deceased, was the decedent'scommunity one-half described ea ` , property (the "Described Community Real Property") as f! II follows: • The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4 in Section 15, Township 23 North, Range 5 . W.M., in King County, Washington; East, for S.E. � � �_ EXCEPT portion thereof conveyed to King County 128th Street, under Auditor's File No. 5813072; , 1 AND EXCEPT all coal and minerals and the right to explore for and mine the same as excluded in Deed recorded under Auditor's File No. 3012446; Iii (ALSO KNOW AS Tract 2 of Martin's Acre Tracts, unrecorded); iq , i Situate in the City of Renton, County of King, State of . ' � Washington. ' 1 f � 5. Confirmation of Surviving Spouse's Community LOne-HHalfa, } Interest in Described Community Real Property. f{ Personal ndpqntative of the claims to Henrystate Balko,fsurvia ving spouse,conveys and quit . • 00'6 Nd E00 MOM dll11100 0MIN Nd C0 IE E0 SSE2 516026__ _ , . . . .. . .. 1n 0 rWELD 0 undivided one-half interest in the Described Community Real • •\ Property, which interest represents the surviving spouse's one- half interest in the property that was community property of , Henry Balko and Ada Balko at the time of the decedent's death. I• 6. Conveyance of Estate's One-Half Interest in Described Community Real Property. Grantor, Diana Lee Ribera, Personal Representative of the Estate of Ada Balko, hereby conveys and ::I quit claims to Ribera-Balko Enterprises Family Limited Partnership the estate's one-half interest in the Described Community Real Property, together with all after-acquired title ~. ' of the estate therein. This interest represents the decedent's ; il one-half interest in the Described Community Real Property at the A I time of the decedent's death. D. I ,,, 7. Conveyance of Surviving Spouse's One-Half Interest in r' Described Community Real Property. Grantor, Henry Balko, hereby conveys and quit claims to Ribera-Balko Enterprises Family o Limited Partnership his one-half interest in the Described ,i . Community Real Property, together with all of his after-acquired •. title therein. a = • o DATED: ,50p.J.,,_ b-,— /S , 1992. w L r cn 7 ,L,t4... 72::;. ..fece.,: . N D 1 ana Lee Ribera, s Personal y , i — Representative of the Estate of Ada Balko, Deceased, and not in her ("NI individual capacity • Y 1��i!i!f 61- ! V V .,., Henry Bal !lJ. i r• STATE OF WASHINGTON ) S6. Nf COUNTY OF KING ) On this ! `--day of „f,� , 1992 before me, the . ' ; undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Diana Lee . iI '` Ribera, to me known to be the person who signed as Personal (t Representative of the Estate of Ada Balko, Deceased, and who executed the within and foregoing instrument, and acknowledged ' the said instrument to be her free and voluntary act and deed for11 ! the uses and purposes therein mentioned; and on oath stated that she was authorized to execute the said instrument as Personal Representative of said Estate. .MN • • • • Ikroi&rniaq WHEREOF, I have hereunto set my hand and official seal %ftkl t},year first above written. 4( Et a, J . TA - c— 4� e AMC ti 2 NOTARY PU in and for the :`n.�':`c,(�- ,i' o: St to of Washington, residing at %j , .` l IJ �''•, OF WASP y appointment expires iz�9 �,- ' I STATE OF WASHINGTON ) • • i J ) Es. • • i COUNTY OF KING ) ' 4 ,,, On this / day of $7,.,p4.....�J"r— , 1992 before me, the r undersigned, a Notary Public in and for the State of Washington, ! - w duly commissioned and sworn, personally appeared Henry Balko, to ! • • o me known to be the person who executed the within and foregoing • • :1') instrument, and acknowledged the said instrument to be his free •, a. 11 L!) and voluntary act and deed for the uses and purposes therein . . • • • (") mentioned; and on oath stated that he was authorized to execute C\JLO the said instrument as Personal Representative of said Estate. ON sr`\ kptiASS WHEREOF, I have hereunto set my hand and official N seam „ ld year first above written. • ' NOTARY t• = om' J// O PUBLIC ..,• 2: �c r• ?�4,l : .."c `�.ro, NOTARY Pik C in and for the _ "s�9r..f..farA.o.•'�c State of Washington, residing at - • `c ‹..,,.41P ��'''''''WAS'`,``�� My appointment expires / 4 — ,o .i 5 . '• ' 147986.M26 • f' ' t I — — I ' Transamerica Title Insurance OrrEcENEmiukivilIDED/OR eECoeDEfS USE, • Tronsarnenea Corporation JAI 3 11 sJ t• 7+la Filed for Record at Request of ROC THE fl„ # ,,r t(iti,t. . • //// KIf1GCfirlir;. 1-45 ri Name.l409:...✓..,..t 1�4lYn OIWO 44 Lt('a ..... CAddre5a"19'7 6.d.:, . ./d1.3�'0. m/ _... PCr f:• S.url ©O City and State.a.rad7 7-r, wa• ///6 — .".A.T 5t_ ` ,r ,+«.-•00 - 40 5!- p 425233 i' 0) • Statutory Warranty Deed THE GRANTOR Frank Siebens and Beatrice S. Siebens, his wife t for and in consideration of TEN and NO/100 Dollars • in hand paid,conveys and warrants to Henry J. Balko and ..da Balko, his wife the following described real estate,situated in the County of King ,State of • Washington: The East 1 of the N.t•:. 1 of the N.K .•: I.; of the N.11./ in Section 15, Township 23 North, Range 5 East, 1-7.MS., in King County, !'ashington; • EXCEPT portion thereof conveyed to King County for S.E. 128th Street, under Auditor's File No. 5813072; AND EXCEPT all coal and minerals and the right to explore for and mine the 'I same as excluded in deed recorded under Auditor's File No. 3012446; . (also known as Tract 2 of Martin's Acre Tracts, unrecorded); Situate in the City of Renton, County of King, State of :;ashington. ' • SUBJECT TO: Rights of record. This dyed is given in fulfillment of that certain real estate contract between the potties hereto,dated 29th day of September ,1976 ,and conditioned for the conveyance of the above described property, and the covenants of warranty herein contained shall not apply to any title, interest or encumbrance arising by, though or under the purchaser in said contract,and shall not apply to any taxes, assessments or other charges levied,assessed or becoming due subsequent to the date of said contract. Real Estate Soles Tax was paid on this sale on 10/6/76 ,Rec. No. BO 373868 Dated this 29th day of `Septmeber .1976 ••, 3738G,Ex 1 1lf ,e.Ey � !' ' Frank Siebens , by 1�3'e`at,ric IS ens, his Attorney—in—fact Jac? r.0 ' (4.;)`1 - : .h" Beatrice 5. Siebens STATE OF WASHTNGTON,i County of King It On this 4th day of October ,19 76,before me personally appeared Beatrice Siebens to me known to be the individual described In and who executed the foregoing instrument for her self and also as Attorney in fact for Frank Siebens and acknowledged that ate signed and sealed the same as the free and voluntary act and deed for her self and also u the free and voluntary act and deed as Attorney In Fact for said principal for the uses and purposes therein mentioned,and on oath stated that the Power of Attorney authorizing the execution of this instrument has not been revoked and that the said principal is now living and is not insane. Given under my hand and official seal the day and year last above written. 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I+'--,. aj `vlrl, e.,-�T� 7/llll-77__.-�_.4 / Y.7.'L:-/ •i ._-_...---'� /).%:1.----� ./ IH • h .- `/7 �/� L/f l /' — ,J1, ,/ ,� '3�,.7/...,aijJfr:-,�r-/l,1 .. .. ,,,, - , .p.,r,-.,, .,,,7--, ,,,,,n.),t7F-7x7/r,.,-...-.4.1iii. ,...,..// i •*77';', / s." •-"o ,,i.a-P-.77/./2'"- [. , i .-. 'I, • i , U .../ ' tO /: :,.' ,O • - • LI • i. / I I �%.`-- . P•-,c `. . / �• - 1 !,/1v_-. -A.:• /i.1.•'71J -�_ � _ C__ .' t __ •�:r, t ,I-- = _ -,art- - -.._ / •w.••'qn,-!�..- •--.-I'-- •l . .... - -, ,��/� •,'~ ' i "1 I ./,/jla7r'7Yj•'' /! /•J ,aT' . ,t '`-_ l ,• -/s6 �‘:�:t r�s L/i ;,' ter•' 4 fillell , , L ILITY EASEMENT r. . 1 . ,0.. ' THIS INSTRUMENT, made this 2.3 day of 7�.�7l,/.•-? . 19 3 S a ill by and between HENRY J. BALKU _ and AD BALKO • hereinafter called •'Grantor(s)', and FAIRFIELD DEVELOPMENTS, INC., a Washington Corporation hereinafter called 'Grantee". 85/09,26 M0881 B RECO F 7.00 I- COSHSL •*+•7.00 WITNESSETH: SS That said Grantor(s), for and in consideration of the sum of $ ONE DOLLAR paid by Grantee, and other valuable consideration, do by these presents, grant, bargain, sell, convey, and warrant unto the said Grantee, its successors and assigns, an easement for sanitary sewer with necessary 1.9/ appurtenances over, through, across an0 upon the following described property I • in King County, Washington, more particularly described as follows: S The East fifteen (15) feet of the following described property: The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the ml Northwest 1/4 in Section 15, Township 23 North, Range 5 East, W.M., OD in King County, Washington; EXCEPT portion thereof conveyed to King OD County for Southeast 128th Street, under Auditor's File No. N 5813072; C4 AND EXCEPT all coal and minerals and the right to explore for and 9 mine the same as excluded in deed recorded under Auditor's File 2 No. 3012446; (ALSO KNOWN AS Tract 2 of Martin's Acre Tracts, unrecorded); Situate in the City of Renton, County of King, State of Washington. O c) See attached sketch. i a v Lio Grantor does further convey and grant a temporary construction easement for all purposes during the construction of the said facilities over, across, along, in, upon and under the following described property, together with the right of (—I . ingress to and egress from said described property for the foregoing purposes, 11 said temporary easement to commence on the date of this instrument and to terminate on the date actual use of said easement area shall terminate, or November 1, 1987, whichever occurs first. The East 1/7 of the Northwest 1/4 of the Northwest 1/4 of the — Yortwest 1/4 in Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT p^rtiun thereof conveyed to King County for Southeast 128th Street, under Auditor's File No. 5813072;fr ---....,: ANDDEXCEPT all coal and minerals .ind the right to explore for and mine the same as excluded in deed recorded under Auditor's File No. 3012446; (ALSO KNOWN AS Tract 2 of Martin's Acre Tracts, • unrecorded); .._'y Situate in the City of Renton, County of Kinc.. State of Washington. See attached sketch. ;,t Fairfielo Developments, it successors, heirs, and assigns, agrees to Indemnify 7.• i;'-., and hold harmless the Grantor(s) from any liability,costs or expenses whatsoever relating to the use of the temporary easement by the Granter(s). ;�Y'.is;;'s;t;y,• their successors or assigns. - r 0 / , 1111 A ^ Said heretofore mentioned Grantee, its successors or assigns, shall have the right, without prior notice or proceeding at law, at such times as may be 1 la necessary to enter upon said above-described permanent easement for the purpose of constructing, maintaining, repairing, altering or reconstructing said utility, or making any connections therewith, without incurring any legal obligations or liability therefore, provided that such construction, maintaining, repairing, altering or reconstructing of such utility shall be accomplished in such a manner that the private improvements existing in the • right(s)-of-way shall not be disturbed or damaged, or in the event they are disturbed or damaged, they will be replaced ir as good a condition as they were immediately before the property was entered upon by the Grantee. The Grantor shall fully use and enjoy the aforedescribed premises, including the right to retain the right to use the surface of said right-of-way if such f use does not interfere with installation and maintenance of the utility line. However, the Grantor shall not erect buildings or structures over, under or a iacross t e right-of-way during the existence of such utility. Gvp4 CO Grantor acknowledges that the Grantee may transfer this easement to the City of Renton for the purposes herein described. i 11 This easement shall be a covenant running with the land and shall be binding on the Grantor, Grantee, their successors, heirs, and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. / c-,, -""7 .-' and (' J J4-C,e�f'C' � KY ADA BALKO Milli . STATE OF •4 ,, _ , ) ss. COUNTY OF q 1, the undersigned, a Notary Public in snd for the State of( J;i.a" ,,, c''� hereby certify that on this,'3LJday of ((. �,„` , 19/-,, persknally appeared before me lip,, / ,T 1 ,i,r�, and -Ada ,/Kr? : to me known j to be individual Cs) described in and who executed the foregoing instrument, and 1 acknowledged that -7-4fr f signed and sealed the F 1, same as —th ri,L� free and voluntary act and deed for the uses and purposes therein mentioned. 1 i I ,< r--2.4-22:III :.' -e.---.. . Notary Public in and for the Stale df. • _I gl G'z LL'a " ,„7�n, residing at 3�.�./f/ - i < 1 Z•-y / �i• J N t c'c 7 ` I - 2 - fib n I 1 44TN $T. _ _ _ f[. 12fTN ST. _ . r f ME. -- 1�1 N `�. .............�—' .• l414 •• •V" % ass ma . esss.es r. •[i +se+ ua.e t .. • • "•1 t V Y T./ItNR I ' A ' .•.• • . i, f'4DA 8ALilo - — 1 L , LI _ L. I • • AV Sk L . i-"Z. . • r w w 1 I t v 1 J} v V I . Y - .T —'. € _ ' --I -- sswrerrsT" 6EWER 645E14E411 '...." » al»rar.eer'• T • cp 1•4 , II ,17.•t I r�,3�1 Jtl—"-r <'I'Jt� 1 J N..l I 011./0 . . _.: PG V il . LIME ' 1:: .1 'ill ... - .. ! ,.. T____ .•• 1 • ,:. ..: , ...,. . . , dot. ; . . 2 , z ......, .1. .:....4 . , 2 I. F 1I Z. , & i 6 ti 0 i II I, J' :•J.i1 — F Ii a NE. 2N0 _PL. f RJY 1 •nova ... ; I :7_1 ( Lie—r.`7 •i aT - -1111 ' ►I I I I \ R r. ... ., .', i_:1_ "o, 11 -• -: I • 4 . �• L.J.fal I•••••I '•N.•. V•.•.••, — •=..•1 <1.••..,7 4T.'ll lOT l Lir b — I! I Ill a A L. liMain _ • - — — �-. .. off...t .. we. 11 • 11771 Reci_ • W. F K- F6,09 :i •1c'4 E RECD - °•''� CGSNS .,.g•wsr 4. BANSFIR OF UTILITY EASEMENT • THIS INSTRUMENT, made this day of �� , 1986, by and between FAIRFIELD DEVELOPMENTS, INC., a Washington wcorporation (hereinafter called "Grantor") and THE CITY OF '"I RENTON, a Washington municipal corporation (hereinafter called V "the City"). CD WHEREAS, Grantnr has obtained a utility easement through, across and upon property in King County, Washington, said ease- ment being recorded in the official records of King County, a copy of which is attached hereto as Exhibit A and incorporated by I this reference herein; and • WHEREAS, said easement expressly provides that the easement :::-Mil may be transferred to the City of Rentcn; and WHEREAS, the City has requested the transfer of said ease- ment as part of the approval process of Grantor'■ development of the property served by said easement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other goci and valuable consideration, Grantor doss by these presents grant, bargain, sell and convey onto the City said utility easement recorded in the official R records of King County, a copy of which is attached hereto as Exhibit A, along with all rights ar.d responsibilities appurtenant thereto. Grantor retains • temporary construction easement for • all purposes during the construction of any facilities ever; across, along, in, upon, and under said t, together with ,, the right of ingress to and egress from said easement for the construction, maintenance and repair of any utility facilities required to be installed or maintained by Grantor. �. I • , , .of - 1 E(C'SE 7AX hr)I F_ . . V. / ` L-t r 171111 i IN WI"')lESS WHERECF the said grantor has executed this instrument on the day of , , 1986. Mb FJ.IRFIELD DEVELOPMENTS, INC. , BY E � — Ze.3.'iPC: Richard R. Hathaway " Vice President g STATE OF WASHINGTON ) ) ss. Q COUNTY OF RING ) I certify that I know or have satisfactory evidence that Richard R. Hathaway signed this instrument, on oath stated that he was authorized to execute the instrument aldc. acknowledge as Vice President of Fairfield Developments, In to be the free and voluntary act of such party t and purposes mentioned in the instrument. 1 ---- Dated: <4 l..i ,jc ,-if �.tc Notary Public in and for the State pf Washington, residing ND. DE at < /i _—z7 -- ASS irl. :( #IxO1 AR y'iv, • : . 2 • A.'', yll 1 •. ��i • '+.,Of WASH •. . (� I kil �'XN/5/T A ,' UTILITY EASEMENT ' ' .aH O I 1 THIS INSTRUMENT. -lade this 2 3 day of 7,2.,/7.... '�s-� . 19 O by and between HENRY J. BALKO and AUR 8ALKO hereinafter called 'Grantor(s)", ano FAIRFIELD DEVELOPMENTS, INC., a Washington C I Corporation hereinafter called 'Grantee'. 85/09/26 >tJa381 B RECO F 7.00 CASHSL ••••7.00 WITNESSETH: 55 That said Grantor(s), for and in consideration of the sum of $ ONE DOLLAR paid by Grantee, and other valuable consideration, do by these presents, C grant, bargain, sell, convey, and warrant unto the said Grantee, its ro A /1 successors and assigns, an easement for sanitary sewer with necessary �a/ appurtenances over, through, across and upon the following described property CI in King County, Washington, more particularly described as follows: Li to C0 The East fifteen (15) feet of the following described property: The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4 in Section 15, Township 23 North, Range 5 East, Y.M., in King County, Washington; EXCEPT portion thereof conveyed to King County for Southeast 128th Street, under Auditor's File No. 5813072; AND EXCEPT all coal and minerals and the right to explore for and i .+ wine the same as excluded in deed recorded under Auditor's File • ` No. 3012446; (ALSO KNOWN AS Tract 2 of Martin's Acre Tracts, 111 Q� unrecorded); n Situate in the City of Renton, County of King, State of Washington. O O See attar.".ed sketch. 'nIli Grantor does further convey and grant a temporary construction easement for all purposes during the construction of the said facilities over, across, along, in, upon and under the following described property, together with the right of ii.gress to and egress from said described property for the foregoing purposes, said temporary easement to commence on the date of this instrument and to terminate on the date actual use of said easement area shall terminate, or November 1, 1987, whichever occurs first. ( The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4 in Section 15, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT portion thereof conveyed to King ' County for Southeast 128th Street. under Auditor's File No. 5813072; AND EXCEPT all coal and minerals and the right to explore for and mine the same ss excluded in deed recorded under Auditor's File No. 3012446; (ALSO KNOWN AS Tract 2 of M,:rti .'s Acre Tracts. unrecorded); Situate in the City of Renton. County of King. State of Washington. See attached sketch. Fairfield Developments, it successors, heirs, and assigns, agrees to indemnify .no hold harmless the Grantor(s) from any liability,costs or expenses whatsoever relating to the use of the temporary easement by the Grantee(s). their successors or assigns. il --II S 1 . i NIP H IA Said hereto'ore mentioned Grantee, its successors or assigns, shall have the --.! right, without prior notice or pro-eeding at law, at such times as may beIL necessary to enter upon said above-described permanent easement for the purpose of constructing, maintaining, repairing, altering or reconstructing said utility, or making any connections therewith, without incurring any legal Y\ obligations or liability therefore, provided that such construction, maintaining, repairing, altering or reconstructing of such utility shall be accomplished in such a manner that the private improvements existing In the _ 114. right(s)-of-way shall not be disturbed or damaged, or in the event they are mr disturbed or damaged, they will be replaced in as good a condition as Uney were .-i immediately before the property was entered upon by the Grantee. g The Grantor shall fully use and enjoy the aforedescribed premises, including COW the right to retain the right to use the surface of said right-of-way if such use does not interfere with installation and maintenance of the utility line. However, the Grantor shall not erect buildings or structures over, under or across the right-of-way during the existence of such utility. 44 11- Grantor acknowledges that the Grantee may transfer this easement to the City of Renton for the purposes herein describes. (1 2, This easement shall b. a covenant running with the land and shall be binding on CO the Grantor, Grantee, their successors, heirs, and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have aIII 1 good and lawful right to execute this agreero nt. ' -'I"' and LC-lT+C� �/GC `Ea.- -.. .O.V;\ � AOA BALK° STATE OF _j -4 -, .,-A..- ) ts. COUNTY OF c_ ) 11-i I. the undersigned, a Notary Public in and for the State of lg�lS3D /rsb al ".ly `/ ntreby certify that on this,.3c 'dey of L. ,,,�� appeared before me fie n P y - ffK,/K v'I and 2 /Kr) : to me known to be individual G) described in and who executed the foregoing instrument, and i acknowledged that -r A r` _ signed and sealed the same as -'r"l,ef,C__---- free and voluntary act and deed for the uses and purposes III therein mentioned. , Notary Public in and for the State of . . residing a t _ _T / O G- W a r, .. ,c w m rt 1 - 2 - • • Janes Bakke. Inc. r!5 DST R-107-88 :It ED FOR RECORD AT REQUEST L.. 0mcE Of THE CITY CLERK r, ,'J 'al REYTON MUNICIPAL BLDG. 200 MILL AVE.SO. "' • RENTON,WA 98055 ,1 M,�5CJ, F. Cr'St4 L , DECLARATION OF RESTRICTIVE COVENANTS L WHEREAS, HENRY J. BALKO and ADA A. BALKO are owners of the following real property in the City of Renton, County of king, State of Washington, described as Exhibit 'A' attached hereto. WHEREAS, the owners) of said described property desire to impose m the following restrictive covenants running with the land as to use, C present and future, of the above described real property. • C NOW, THEREFORE, the aforesaid owner(s) hereby establish, grant les and impose restrictions and covenants running with the land hereinabove described with respect to the use by the undersigned, their successors, heirs, and assigns as follows: O RESTRICTIVE COVENANTS • 1. Only the residential site plan concurrently approved by the Hearing Examiner's Decision dated May 15, 1990 shall be developed. 2. There shall be no more than one hundred eleven (111) dwelling units placed on the subject site. • DURATION • These covenants shall run with the land and expire on December 31, 2025. If at any time improvements are installed pursuant to these covenants, the portion of the covenants pertaining to the specific installed improvements as required by the Ordinances of the City of • Renton shall terminate without necessity of further documentation. •v. • ., • ly ! "' •"' � „�!*�' ,;�;,�„ •ti .1.� fir' 6 • .q�,('i�j ; •."• ' SI ..= i James Bakke, Inc. ' t • R-107-88 ME RE;.�tv:.:. ' is DAY :it ED FOR RECORD AT REQUEST L,. rt. . OFFICE Of THE CITY CLERK ill '> if' 17 ,T '?(j RENTON MUNICIPAL BLDG. 200 MILL AVE.SO. "' . : • RENTON,WA 98055 1, F 1F.!, : I, . 9: ,r k0SJci f+ z:ECC' F 1 7 DECLARATION OF RESTRICTIVE COVENANTS Ileili L , WHEREAS, HENRY J. BALKO and ADA A. BALKO are owners of the following real property in the City of Renton, County of King, State of Washington, described as Exhibit 'A' attached hereto. II WHEREAS, the owners) of said described property desire to impose the following restrictive covenants running with the land as to use, C present and future, of the above described real property. CNOW, THEREFORE, the aforesaid owner(s) hereby establish, grant V and impose restrictions and covenants running with the land V. hereinabove described with respect to the use by the undersigned, their successors, heirs, and assigns as follows: 3) RESTRICTIVE COVENANTS 1. 1. Only the residential site plan concurrently approved by the Hearing Examiner's Decision dated May 15, 1990 shall be developed. 2. There shall be no more than one hundred eleven (111) dwelling units placed on the subject site. DURATION These covenants shall run with the land and expire on December 31, 2025. If at any time improvements are installed pursuant to these covenants, the portion of the covenants pertaining to the specific installed improvements as required by the Ordinances of the City of Renton shall terminate without necessity of further documentation. ..'• . a I ,, . ,.. ! •••• „.: .. . ..• . .., , .• . ,.::;..... ..._ ..7. ..:_......,....4 , , ... . . ..... , ..,..,.„,,, . ,.... ,114.4.4,.L.........IT.,,,4 , . . .. .7...P.,9.;.,''...c- ory.sre fi 'U . . - .. 7'4!-'1,1 ,45 eti'•iitt•C 4•,14;A•T7X� �(. y�A � .P., '.}0 u,/Y1�� .4r,� ".7,.G...(. }r r _ � � �:10 1�N�Y•h Y�VN'��.• � 1R�.'aT'k�••'�f' •' ..+ MUMWM • 1r ' L. Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of King County by -- . either the City of Renton or any property owners adjoining subject property who are adversely affected by said breach. Y J. [O • v • C Ld't4p i 3 ead6 , ADA A. BALKO . t� I STATE OF WASHINGTON es. • - County of KING ( • On this `? day of T•)�"( 1990, before as personally appeared the persons) who executed the within and on foregoing instrument, and acknowledged said instrument to be the free O and voluntary act and deed of said person(s) for the uses and purposes U) therein mentioned. • V) IN WITNESS WHEREOF, I have hereunto set ay hand and affixed my official seal the day and year first above written. j Notary Public in and for the State of Washington, residing at KCnYf• • 1111 LOM''11I I, r..) c)f. l ). 1)5'.l .rc • tirYV* l---.i •a', .• 4.. t$'••..t. . • '••,'' .,'�' • f 1 • • • • • LOT 4 (PROPOSED): That portion of the Northwest quarter of the Northwest quarter of Section 15, Township 23 North, Range 5 East of the Willamette Meridian in King County, described as follows: COMMENCING at the Northwest corner of the East half of the Northwest quarter of the Korthwest quarter of the Northwest quarter of said Section 15; vZ' THENCE South 00. 54' 24" West, along the Vest line of said East half. 264.54 feet to the South line of the North 264.5 feet of the Northwest quarter of C said Section 15 and the TRUE POINT OF BEGINNING for this description; • THENCE South 88' 02' 57" East, 240.09 feet; THENCE North 39' 51' 17' East, 69.73 feet; THENCE South 88' 02' 57' East, 190.37 feet; THENCE North 46' 57' 03" East, 28.27 feet; THENCE South 88' 02' 57" East, 92.13 feet to the West line of the East 60 feet of the West half of the Northeast quarter of the Northwest quarter of the • • Northwest quarter of said Section 15; THENCE North 00' 47' 57" East, along said line, 147.52 feet to the Southerly margin of Southeast 128th Street; THENCE South 88' 02' 57" East, along said Southerly margin, 60.01 feet to the East line of the West half of the Northeast quarter of the Northwest quarter of the Northwest quarter of said Section 15; THENCE South 00' 47' 57" West, along said line, 618.64 feet to the Southeast corner of said West half; • THENCE North se' 09' 34" West. along the East-West centerline of the Northwest quarter of the Northwest quarter of said Section 15, 647.65 feet to the Southwest corner of the East half of the Northwest quarter of the Northwest of the Northwest quarter of said Section 15; THENCE North 00' 54' 26" East, along the West line of said East half, 397.33 feet to the TRUE POINT OF BEGINNING and terminus of this description; • • (Also known as a portion of Tracts i and 3 of Martin's Acre Tracts, unrecorded); ALL SITUATE in the city of Renton, King County, Washington. PROJECT: BAKKE/10•AGRE REZONE May 18, 1990• • 2768.05 •2• . - .. • . • '. . . . . - . e--- • - ) 1--- A 13221. S.E. 126th Renton, Wn. I )AC: Prank Siebens QUIT-( LEilM DEED R/W 3.805 17 1-- ' Rebton, Wn. ' i - Traot 2 . • i Th• grantor Slasiti. Frank J, SlOvn, Amd_Mra......Frank Sieben*. - C•I . OM, * for the einaideration of $ 14.0.0..00..........-......-‘,... Dollar, '. ' r•I ; •• Ir.and also of benefitsto&earns to ri-sh.nt—A..,...... by reason of laying out and establishing a public road tbrough..1-1-1..s....Lx-- property, and which is hereinafter described. convey release , and quit- claim...... to the County of -1S-1"Y-%cc.. • State of Washington, for use of . the Publ e forever, as a public riim,441tnrdt .iglis;ayAilrl.eiiiit,frrItitcipsthtircogrovingtdrTlibed rethe_ait,ate, viz..L . • .or.tipn of Tract 2 of m ,?.i .24- R t ,,said portion being described as follows: 'The S. 12 ft. of the N. • . ft. 3f the E.1/2 of the N.W. of the N.W. of the N.W. of section . IS. Containing 0.10 Acres more or less. R/W 3.E. 128th St. ( 132nd Ave. S.E. to 166th Ave. S.E.) I together with the right to make all necessary slopes for outs and fills upon the abutting property,and on each side of add described right-of-way, in conformity with standard plans and specifications for highway purpoaes, and to tie same extent and purpose as if the rights herein granted had been acquired by condemnation proceed- ings under Eminent Domain statutes of the State of Washington, . situated in the County of .k.-. . ....r. State of Washington. Dated this....,2 2 day of.. .cs"...71gr iv vr r. .A.D.19_4.4 . 1 WITNE88t • 1 >deL,-)^1,---""0 . — ilgt 22144 A dd.ii..44.1.../ 1../-‘ )...e. e.‘....o-es...,-ia-, . o• <i • • J .. . . . . • 01...z„..... .. . . . . . • • . . . . .. • . • . • .. • • . . • , • . . .. . _ . • . . . • . ... • . • . •• . .. l . i . , . . • . ' ' V .,v . . • ‘.. . • . . • -. . . .. • " : . . . . • _ • 84%. .. " • • . . • .. • , • . . , • . , . . ••,- 'a • • . . • . . . . • - . i • • - , . , . . . . . . • - .-• .- : . • • . • - ' . • . . . • • . . , - --- - — - . I 1 ' . —1341E S.E. 128th St. . 1..i. Rentcm, Wfl. QUITCLAIMR/W 180 DEED 5 Trao'; 3 19 ‘44 The grantor...a...herein I.W.. Carun...and...Evelynn Z... CisrUe. ...... _ 72, for the consideration of.. $..144.00...,,..,,,,,,,,...........,,,,,,....„....,„.....,,, -1 . Dollars and also of benefits to accrue to .7Z‘-......4,-4„, by reason of laying out and establishing a public road thr)ugh........... i.r property, and which is hereinafter describe4, convey release , and quit- • clam to the County of en, State of Washington, for use of . . . the Public forever, as a public road and highway, all interest in the following de.cribed real estate, viz.: • /Aportion of Tract 3 of Martin's Acre Tracts Unrec in Sec. 15, Twp.23 N.R 5 E.w.m. , said-pof.tion being described as falowss The S. 12 ft. of the N. L2 !t. of the E. 60 ft. of the W. 90 ft. of the W.1/2 of the N.E. of the N t, N.W.;,' of said Sec. 15. Containing .02 Acres more or less. R/W S.E. 128th St. ( 132nd Ave. S.E. to 168th Ave. S.E.) toirether with the right to make an necessary slopes for cuts and fills upon the abutting property, and on each sic e of said described right-of-way,in conformity with standard plans and specifications for highway purposes, and to the same extent and purpose as if the rights herein granted had been acquired by condemnation proceed. in ge under Eminent Domain statutes of the State of Washington, el uated in the County of k: •19 ) . State of Washington. Dated this ....7-7/ day of 1.4(.4A/ .A.D. lrITNESS I . , 4A-71.4- --- - - 410. ......... . . • . • . . . • , • .c.- • ' . . . . , • . • ' . " • . . . . - . . . , . 0. MIN ' 1 i•^, • art ...u.�.. ... ..4;I. - Lam, r .:.GC • - .. $ s, ; August 5, 1992 t Subject: Property 4225 N. E. 4th, Renton Washington- ,5'/r.2/0-��v l'_� 1 4301 N. E. 4th, Renton Washington . 5700— 'Oo3v-v/ All V i j � Dear City of Renton: P , f3 The City of kenton is encroaching on my property by N about 10 feet. Tne City didn't give me any notice that they were going to put a 6 foot pipe and extend it in to ::'�' • w the ditch line. The problem is that the City is 10 feet f': W�� on my property with 4 feet of pipe and 6 foot of rock and 11 c gravel. They have also moved the ditch line farther onto : my property. On the north side of the property the ditch ,n should be more in the City right of way. i ~' The Strom Division was the people who worked on my property iJuly 23rd and 24th, 1992. The field worker names is John Thompson, and the overseer is Jack Crumley. W . I am giving notice to all tnat the City of Renton, has ,z adversity encroached on my property without my approval and I am recording this letter at the King County Courthouse, Real Estate + • I J J property. t . . '. 1..`- ,� Sincerely, it-: -.,-1 4 /..9.441-714.`" -4(... "-- 1-4e-"4") , 1 I S Diana Lee Ribera } 1 Ribera-Dalko r.n'. erprises ;.r� 13740 S. E. 246th • i Kent, Washington 98042 iim 1 206-630-3343 n MI 1 ailanorebeimmothislads,o/1 , r,. I.• I .oJ lbs the Sun tiLa j •a • OF SURVEY • W 1/4 OF .SEC. I5, TWP . 23 N., RGE . 5E., W.M. ING COUN' Y , WASHINGTON • LEGAL DESCRIPTION (As per Transamerica Title Insurance Co. , No. 425233 , Dated 9/20/76 The East 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4 in Section 15, Township 23 North , Range 5 East , W.M. , King County , Washington ; EXCEPT portion thereof conveyed to King County for S.E. 128th Stre, Renton) under Auditor s File No. 5813072 ', 10 And EXCEPT all coal and minerals and the right to explore for and min --7—— the same as excluded in deed recorded under Auditor s File No. 3012 1616.(19 i of 15 (Also Known as Tract 2 of Martin s Acre Tracts , Unrecorded ) NI Situate in the City of Renton , County of King , State of Washington ; Pi N ac aE TOGETHER WITH THE FOLLOWING : --% Fnd.d.3" surface brass disc. w/punch stomped (Per Pioneer National Title Insurance Co. , No. A-23067$ , Dated 12/29/7 i " No. 1/4 of 15-23-5 The West 1/2 of the Northeast 1/4 of the Northwest 1/4 of the dwn. 0.1 ± in chipped Northwest 1/4 of Section 15 , Township 23 North , Range 5 East , in out asphalt King County , Washington ; Shed EXCEPT the North 30' feet thereof ; a f-f-4.5 - EXCEPT portion condemned in King County Superior Court Cause No. 67, for street ; EXCEPT the North 12 feet thereof conveyed to King Cour for Southeast 128th Street by Deed recorded December 16 , 1964 under Auditor s File No. 5823627 ; to � (Being known as a portion of Tract 3 Martin's Acre Tracts , _ unrecorded ) tD E ast line W 1/2 NE 1/4 NW 1/4 NW 1/4 Sec.15 r 0.5' Eas' el LL 3' W /1.5' East ti r go SCALE : In = 100' BASIS OF BEARING 1.2 Ecst o The Basis of Bearing is per K.C.A.S. — The North line of the 0 Northwest 1/4 of Section 15 ( N 88' 02' 57" W ) . 0 King County Breakdown of Sec. 15 was used to determine subdivision Z I ., Fence • 1 1 1 I LEGEND y f • 1/4 Cor. 15-23-5E A s pin in cant.d) SE 128th Street (King Co.) NE 4th Street (Renton) 9 10 N 88°02'S7"W _ 2585.74' Meas 16 15 323.22 01 - 626.44' ' 1616.c "' N 88° 02'57' W N aI �' - - 646.51' Of m 2.5 --- 323.26' - "1�' 323.25' -- � W �5 i I W N t I • 31 M as I Shed i►7:J Q Cp °O Yf P� ilfyi '. �- -+-�---4.5' 0 rr` r) r.,%J t 15 G is liv �;�� :- �,cl 1 cp tJ i v — f -- cO 1 (� IN�Gf _'_' ` ‘� ao 4 Cor. I5-23-5E �� ft,s �. 11-%%1 / t t •st ��'' E wKwnched pin in 11 r_ t t t-1 �/ n sn conc.(incased) v it t 1 0 —3 Sanitary Sewer Esm t (shown on City of Renton 0.5' East 1 it I plans-1986) t L v West line East 1/2 I .t 10.5'�� NW 1/4 NW 1/4 NW 1/4 Sec. 15 I of0. a,West V West 0.8'— of line W /I.S' East 0.3'West - _ to L of tine —` yt N b= I.- 2 1.2' Ea! I� la; e:ice3:��i—i`+ ONI ;9:C;:.,C:03 O East line NW 1/4 NW 1/4 O • 0 I z NW 1/4 Sec. 15= West Z to line NE 1/4 NW 1/4 NW I/4 4 =T"--0.3' East of line Sec. 15 Fence - ' I I —Fence 1.4'West 323.83' +t--- 323.82' 1� r S 88'09' 34" E 647.65 I 0.8' East - 1 of lineI '' South line N 1/2 NW 1/4 51 NW 1/4 Sec. 15 v i IsI 1. >)r -. . 'Pi' 'Cr...,.' am4.er l: tit' 1,— . . ~d ^"— L Y I 11. e yam^r • ;ZT,;';. .,�.'-. .. AGREEMENT AND CONVEYANCE '.4.7 ,- - • RE: UTILITIES SYSTEMS ; THIS AGREEMENT sloe and entered into this / day of 19_ by and between the CITY OF RENTON. a municipal corporation of the second class under the laws and statutues of the State of Washington, hereinafter referred to as "CITY" andMe I Fairfield Developments, Inc./Richard E. Hathaway hereinafter referred to as "DEVELOPER"; Vice-?resident W I T N E S S E T H: WHEREAS "Tho Developer'.' is desirous of installing -ertain aosnalos:s: sewer lines and appurtenances thereto at, near, or within the hereinbelow described property and to connect same to the City's Utility System so that such improvements will constitute an i Integral part thereof; and • _ 1 t WHEREAS no other property owners or users are presently available to share in the cost 0 and expense of construction of such improvements and the parties hereto having In mind l l the provisions and terms of Chapter 261 of the 1959 Sessions Laws, generally referred to 1 as a "Municipal Water and Sewer Facilities Act, (RCW 35.91.101 et seq)"; and - WHEREAS "The Developer' is willing to pay all the costs and expenses for the installation I Hof said Improvements; '►I0W THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS: 1. The "Developer' hereby acknowledges and covenants that he is the owner of the following described property, to-wit; • S 230 ?T OF W 1/2 OF E 1/2 OF SW 1/4 OF SW 1/4 0? SEC. 10, TV?. 23N, R. 5E., W.N. LESS W. 175 FT. LESS CO. ROAD. AEA PARCEL NO. 2 THIS AGREEMENT, AND IS THEREFORE EXEMPT FROM ANT LATECOMER FEE 1 HEREIN. • . 1 and the "Developer' hereby agrees :.nd covenants to cause to have installed the following I described Improvements, to-wit: INSTALLATION OF 1355 L.T. OF 12", 15", AND 16" SEWER MAIN, 8 MANHOLES AND ALL OTHER .. • APPURTENANCES PER CITY OF RENTON SEWER PLAN S-429 PHASE II. LATECOMER BASED ON 8" PIPE AS CITY PAID THE DIFFERENCE BETWEEN 8" PIPE AND 12", 15", AND 16" PIPE IN OVERSIZINC COSTS. and such Installation to be made in full compliance with all applicable codes and regulations of the City of Renton. The "Developer' further covenants and warrants that • 1 all expenses and claims In connection with the construction and Installation of the aforesaid Improvements, whether for labor or materials or both have been or will be paid -• In full, all the "Developer's" expense, and the "Developer' covenants and agrees to hold the City of Renton harmless from any liability in connection therewith. 2. The "Developer' further certifies that the total estimated cost of said construction as hereinabove specified will be in the sum of $ 63,283.90 • See Exhibit "A" attached hereto for the legal description of the lands affected by this „.. latecomer agreement or a map showing in outline the land affected by such additional r charges pe. the terms of this agreement. Per RCW 65.08.170(3) (RCM 35.92.025). • SEE f 1OR EXHIBIT "A` RD iw Al RECCIZI of x 87/11'1e e0730 A .' IE CD F 1:.00 PTV a � SHEET 1 OF 6 l9-4 w" i i 1.00 . .la ,- - •. . - - ♦ �,a1N y.'.. fir a,� i ..,r.... /"� - / �f' ��rar ik'. � �.-� • ,, " �, • �hY. • Rased on said total amount of a+st . � - per front lines, foot (4.Letke out the Aappt a Ut pact) of said Improvement shall be employed to • ' - Lk" determine the pro rata reimbursement to the "Developer" by any owner of real estate, who did not contribute to the original cost of such improvement, and who subsequently eMo wishes to tap into or hook unto or use said facilities, which tap or hookup shall Include connections to laterals or branches connecting thereto, all subject to the laws and ordinances of the City of Renton and the provisions of this Agreement. It is hereby further agreed that in the event the total actual cost of the aforedescrlbed Improvement shall be different from that set forth her.inabove, then this Agreement will be duly amended to set forth the total actual cost thereof. The pro rota poet per YAMS JINEAL TOOT is $ 28.2502 3. It s hereby found and determined that the construction and installation said aforedescribed improvement is in the public interest and in furtherance of public health and sanitation. M. The "Developer' hereby agrees and covenants to convey, transfers and assign n unto City all right, Interest and title in and to said improvements and all appurten- i OD antes and accessories thereto, free from any claim and encumbrance of any party s4 whomsoever; City agrees to accept and maintain said improvement as part of its present nUtilities Systems upon approval thereof by the City Engineer and after inspection of CO said construction. The "Developer" further agrees and covenants to execute and to • deliver unto the City any and all documents including Quit Claim Deeds and Sills of Sales that may reasonably be necessary to fully vest title in the City and to effectuate this conveyance and transfer. The "Developer" further agrees and covenants to pay unto the City such service or other charges as may be imposed by the Ordinance • of the City of Renton from time to time applicable to like users of the same class. • 5. City reserves the right, without affecting the validity or terms of this �. Agreement to make or cause to be made extensions to or additions of the above improve- ment and to allow service connections to be made to said extensions or additions, without liability on the part of the City. •. 6. No person, firm or corporation shall be granted a permit or be authorized to tap into the facility for water or sewer service during the period of TEN (10) years from date hereof, without first paying unto the City, In addition to any and all other costs, fees and charges mad. or assessed for each tap, or for the main facilities constructed in connection therewith, the amount required by the provisions of this contract except such charges shall not apply to any extension of the main facility. • All smarts so received by the City shall be paid out by it unto the "Developer" under - the terms of this agreement within sixty (60) days after receipt thereof. Further- more, In case any tap, hookup or connection is made Into any such contracted facility without such payment having been first made, the legislative body of the City may causa to have removed such unauthorized tap, hookup or connection, and all connecting (title or pipe) or related accessories located in the facility of right-of-way, and dispose of such unauthorized material so removed, without any liability on the part of the City whatever. it is further agreed and covenanted that upon expiration of the _. term of this Agreement; towlt: TEN (10) years from date hereof, City shall be • SHEET 2 0P 6 • t • ;ems;_ ir.` -_ "— s■dar so further Alight/an to collect er make any further emir ma r' mate the 'Developer'. - ,`s?...-ya' 'r,_' , The dominion of the City Engineer or his authorised representative is determining or c:,.. computing the amount due from any benefited over who miahaa to hook up to ouch rP'. imprrvemest, shall he final and conclusive is all respects. 11!!!!1 a.ss=r 7. It is further agreed and understood that the afor.described improvements to y - be undertaken and paid for by DEVELOPER ''' v . have hose or are about to be connected With the Utilities Systems of the City, and upon such connection and acceptance by the City through its legislative body, said extension i and/or Improvement shall be end hennas a part of the municipal utilities systems. y — S. This agreement shall be placed for record with the King County Auditor's l Office iaediately upon execution thereof and all costs of recording shall be the responsibility hof the *Developer". DATED THIS /fa( DAY OF 19L_. O CITY OF RENTON, A MUNICIPAL CORPORATION DEVELOPER'. UW4 /�:,."....:.(7: / ST' O�A111e.. 1?tipeLR BY, / E.e/Dliel1 &Veit/./N... Tom" MAYOR �7 CITY CLERK /0.40b Jle CITY OF RENTON DEVELOPER STATE OF WASHINGTCN ) STATE OF WASHINCTOI ) ) as ) ss COUNTY OF KING ) COUNTY OF LINO ) • On this day of , 19_ On this day personally appeared before we before me personally appeared , to me known to (Crantor(s) be the ( Mayor, City Clerk or other authorized officer or agent, as the ease may be) of the municipal corporation that executed the to me know to be the individual(s)described Within and foregoing instrument, and in and Who executed the within and fore- acknowledged said instrument to be the free going instrument, and acknowledged that he and voluntary act and deed of said municipal (she or they) signed the same as his (her corporation, for the uses and purposes or their) free and voluntary act and deed, T.hstein mentioned, and on oath etnted that for the uses and purposes therein mentioned. he vas authorized to execute said instrument Given under my hand and official seal this and that the seal affixed is the corporate day of , 19_ seal of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set ay hand and affixed my official seal the Signature of officer and official seal day and year first above written. Signature i Title of Officer Notary Public in and for the State of Washington, residing at Notary Public in and for the State of Washington, residing in , • STATE OF eAi111NG TUN, !rli'l . Cowry d ��i�"�vh On rhea "' der of �.t-b'`'- ---....A. IV 191.7 before me personally appeared f . - to.K known .... [ t1 I� al the rapnrauon,hai , �NeMrerV� in and forrtolna In.vumen,.and ackno.lyd•ed the said m•trumenr to he the free and C>r" ��} ♦ d of Said corporation lathe use.and pero•e•therein menu aned. +ml on oath.u,rn • � Tr uthaited to eerewe aa.o in+vumrm. 18 N°T AR• ,, �,r ../N IITNE1S I 'R67I', 1 A..Mrw,n wart ha./,. ..I nod.//o,. .,/.. //tr rod...add"' M...I ..I,.../tl.I.n,r • 1 .�yyu• ir� • • ofWAST`\,t, ..y I'.alrr,...r I.1.••srm..1 e..tit.a,e.r.../..a m jtril 4 - - -- - • tir. ..._._ V e.."-ae.r...._...:.t.. .-+tea ) //, P4!9 ' -...ww W Ono Wows..Cm.,wn-ACx II DOMINT- ATION millI& L°,,£ r•�r: l ... • 4•y h. •-• •• • K5r y.*).„ ... NOTICE OF ADDITIONAL WATER 01 lIWER `n: FACILITY TAP OR CONNECTION CEARCIS -:j5 • ,_-'' REQUIRED BY iCW 65.08.170 (7) • N,• (1CW 35.92.025) r' I • • MUNICIPALITY — CITY OF RENTON, WASHINGTON ADDITIONAL TAP OR CONNECTION _ CIARCI PER: ' 8AN1YARY SEWER PROJECT FOR FAIRFIHLD DEVELOPMENTS, INC 1' I . PROJICT NO.: S-429 PhASH IIIII • RICIPIENT: FAIRFIELD DEVELOPMENTS. INC., RICHARD 1. HATHAWAY, VICE-PRESIDENT 11217 PROJECT DESCRIPTION: INSTALLATION OF 1355 L.F. OF 12", 15", AND 16" 11 SEWER MAIN, 8 MANHOLES, AND ALL OTHER APPURTENANCES PER CITY OF RENTON SEWER PLAN 5-419 PHASE II. LATECOMER. FEE BASED ON 8^ FIFE AS (1TI PAID DIFFERLNCE BETWEEN 8" PIPE AND 12", 15", AND 16" PIPE IN OVERSIZTNC COSTS. TOTAL ACELECCOMET COST: . $ 76', 522.91 TO DEVELOPER 133 239.01 LESS OVERSIZINC REIMBURSEMENT CX TOTAL t $ 63, 283,9G (TOTAL ASSESSABLE COSTS) (Front Footage 2,240.12 TOTAL COST PER FRONT FOOT $ 28.2502 If there is any question regarding the paid or unpaid statue of the following • please call the City of Renton, Utility Engineer- ing Department at 235-2631. + OWNERSHIP LEGAL DESCRIPTION ASSESSABLE ADDITIONAL FOOTAGE CHARGE PARCEL NO. 1 ACCOUNT NO. 102305-9085 175 fr.ft. $ 4,943.79 UNION SQUARE ASSOC S 120 FT OF FOLC: W 175 FT OF - 11058 MAIN STE 110 S 622 FT OF H 1/2 OF SW 1/4 OF 'e_ BELLEVUE WA 98004 SW 1/4 OF SEC 10 TWP 23 N, R 5 E W.M. LESS CO. RD. ESMT. . PARCEL NO. 2 ACCOUNT NO. 102305-9322 148.22 fr.ft. * $ 4,187.27 FAIRFIELD DEVELOPMENTS S 120 FT OF FOLC: S 250 FT OF (DEVELOPER'S 10900 NE BTH ST /900 W 4/2 OF E 1/2 OF SW 1/4 OF SHARE) BELLEVUE WA 98004 SW 1/4 OF SEC 10, TWP 23 N. 1 5 E, W.M. LESS W 175 FT LESS CO. RD. PARCEL NO. 3 ACCOUNT NO. 518210-0020 631.30 fr.ft. S17,834.36 1ENEY EALEO H 120 PT OF FOLC: TRACT 2, P.O. BOX 68562 MARTINS ACRE TRS. UNREC. LESS SEATTLE WA 98188 CO. RD. • PARCEL NO. 4 ACCOUNT NO. 518210-0030 4 0031 631.:0 fr.ft. $17,834,36 HENRY BALED W 120 FT OF FOLC: TRACT NO. 3, P.O. 1W1; 68562 MARTINS ACRE TRS. UNREC. DAP '- o y SEATTLE WA 98188 W 1/2 OF NE 1/4 OF NW 1/4 OF ` c NW 1/4 OF SEC IS, TWP 23 N, • II E, W.M. LESS CO RD 4 LESS ' .. N 288 FT OF E 60 FT OF W 90 FT THOF TiC THAT FOR OF TRACT NO. 3 - , DAF: MARTINS ACRE TRS UNREC - �- • I6U FT OF W 90 FT OF N 300 ri i LESS ST, ao . . w- SHUT 4 OF 6 1 i. { 1 ?= A1� ..i • :d. -. :tie,w •• +y, - • A - •.• •' ''.'• . NOTICE 01 ADDITIONAL vATR Olt •!X=• .^.y Tr. .. FACILITY SAP OR COIINECTION C8ARGIE RZQOIRiD IT RCN 65.08.170 (3) b • • (RCM 23.92.025) • ASSESSABLE ADDITIONAL . �_ LEGAL DESCRIPTION TOOTACI CRAICI PARCEL 310. 5 ACCOUNT NO. 518210-0081 155.15 fr.ft. $ 4,383.02 WENDALL WOODALL 1120 FT 07 TOLD: POR TES 7 248 ORION AV NI AND 8 MARTINS ACRE TRS UNREC RENTON, WA 98056 N 1/2 07 TES 7 AND 8 LESS • j S 172 FT TROT AND V 230 PT TH07 PARCEL NO. 6 ACCOUNT NO. 518210-0068 172 fr.ft. $ 4,859.04 • WENDALL WOODALL 1120.1E 01 POLL: POR TR 7 248 - UNION AV NI MARTINS ACRE IRS UNREC DAY REISON, WA 98056 1264 TT OF 5:172 PT of N 1/2 SZ PARCEI. N0. 7 ACCOUNT NO. 518210-0050 327.15 fr.ft. $ 9,242.06 . ..I DOE McCANN ENZERPRZSLS V 120 FT OT TOLL POE TRS 5 P.O. BOX 2827 AND 6 MARTINS ACRE IRS UNREC RENTON, WA 98056 PP ACT 39961503 MOBILE HOME N 1/2 LESS S 110 PT 07 E 215 FT LESS CO. RD. TOTALS: 2,240,12 fr.ft, 563,283,90 • - N • • • • PAR.4.41. NO. 2 • DIVILOPIR'S PRO-RATA SHARE: • THIS AMOUNT PEE-PAID AND NOT ASS^.SSABLI UNDER TERMS 07 THIS i ACIID T. 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J i' r• OCG08TTTG8 • •J,41/4 • ,' < ` • t -a, - WIZEN RECORDED RETURN To: From Exhibit'A'City Oert to reference: Office of the City Clerk Hrofect• Renton Municipal Building 20it Mill Avenue South Dist• • Renton,WA 9MOSS King Co.Ree• Name of Ilokter of I.CAG EXTENSION OF PRIVATE DEVELOPER HELD LATECOMER'S AGREEMENTS WHEREAS, the latecomer agreements listed on attached Exhibit 'A', were heretofore executed by and s between CITY OF RENTON, a Washington municipal corporation, and the listed holders of the • latecomer agreements,and WHEREAS, said latecomer agreements were recorded on the dates and by the King County Recording Numbers as shown and At WHEREAS,said latecomer agreements create a potential charge on specifically defined properties;and WHEREAS,it is necessary that the potential charge created by the latecomer agreements for the parcels S covered by the legal descriptions within the latecomer agreements,as listed on Exhibit'A',be extended. — NOW, THEREFORE, BE IT KNOWN: That the City of Renton, Washington, hereby extends the expiration date for the Private Developer Held Latecomer Agreements listed on Exhibit 'A'within the moratorium area established by Resolution No. 2764, for the 1628 days the moratorium was in effect. ci The adjusted individual dates of expiration arc given for each latecomer agreement on Exhibit A . ,4 • f9 SEE ATTACHED EXHIBIT-A' It SIGNED this - r day of Al<y , 1994. "IN BY: /p• (e ;". '1'? ') Gregg Zlrthmerman,Administrator • Planning/Building/Public Works STATE.OF WASHINGTON ) SS COIINTY OF KING On this day personally appeared before mc, Gregg Zimmerman to me known to be the Administrator of Planning/Building/Public Works Department and acknowledged to me that he was authorized to execute the within on its behalf. That he further acknowledges he executed the same as a free and voluntary act and deed,for the uses and purposes therein mentioned. L. GIVEN under my hand and official seal this 0.l date of At , 1994. � p Dated: r j } I�(4 i,+tirL4 L' 1 + Notary Public in and for the Stat, of Washington Notary(Print) L.,tiI) t My appointment expires. 'l 4 loan.pm h.n,Mcetpal NAM'll Ni ISPIMIIINMI MINI 1'%T II Al, v • • • WHEN RECORDED REDJRN TO: From Exhibit'A' City Pert to reference: Olfke of the City CJertProjecy Rrntun Municipal Building 200 Mill Avcnc South - Dim R u . Rcntun,WA 905)SS King Co Rcc tl Name of I lokter of!CAC, `t; EXTENSION OF PRIVATE DEVELOPER HELD LATECOMER'S AGREEMENTS $_ .• S WHEREAS, the latecomer agreements listed on attached Exhibit 'A', were heretofore executed by and between CITY OF RENTON, a Washington municipal corporation, and the listed holders of the latecomer agreements,and , WHEREAS, said latecomer agreements wcrc recorded on the dates and by the King County Recording W. Numbers as shown and AR WHEREAS,said latecomer agreements create a potential charge on specifically defined properties;and WHEREAS, it is necessary that the potential charge created by the latecomer agreements for the parcels covered by the legal descriptions within the latecomer agreements,as listed on Exhibit'A',be extended. NOW, THEREFORE, BE IT KNOWN: That the City of Renton, Washington, hereby extends the expiration date for the Private Developer Held Latecomer Agreements listed on Exhibit 'A'within the moratorium area established by Resolution No. 2764, for the 1628 days the moratorium was in effect. g The adjusted individual dates of expiration arc given for each latecomer agreement on Exhibit 'A'. C2 • t") SEE ATTACHED EXHIBIT'A" t') • SIGNED this a day of J1l 4 7 , 1994. • V BY: k \!�''j Gregg Zlnimetman,Administrator • Planning/Building/Public Works STATE OF WASIIINGTON ) ' ) SS • COUNTY OF KING ) On this day personally appeared before mc, Gregg Zimmerman to me known to be the Administrator of Planning/Building/Public Works Department and acknowledged to me that he was authorized to execute the within on its behalf. That he further acknowledges he executed the same as a free and voluntary act and deed,for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 0'L dale of AA 0-4-j , 199.1 Dated: 1 } f 1 Notary Public In and for the Stan of Washington Notary(Print) L''r" t LI ' JIC ' ,)r) ' My appointment expires ' f ') 1 4 t loon•,pm Il,m hcctpd MAW),hh • • ►srlMl II A,,Rl 1 MI'VI 14"1 It At, t\ it , - a ,, — 1 r-i • EXHIBIT"A" PRIVATE DEVVELOPER- HELD LATECOMER AGREEMENT •Addy! Adjusted Proj. King Co. !folder of Latecomer Date of Date of Extension (Extended) Dist. Recording It Agreement Inception Expiration Days Date of Granted Expiration 1. W458 8704161231 King County Dept.of Public 9/19/77 v9/19/92 1628 3/5/1997 8703 Works 8704 Room 900 King County Admin Building Seattle,WA 98104 2. S-435 8709250885 Pioneer Federal Savings Bank 9/22/87 9/22/97 1628 3/8/2002 8706 4 111 200th SW Lynnwood,WA 98036 3. S-429 8711180730 Fairfield Developments,Inc. 11/18/87 11/18/97 1628 5/4/2002 87-07 c/o Cheryl Henry Phase!I 10900 NE 8th St Suite 900 Bellevue,WA 98004 4 S-429 8705081045 Fairfield Developments,Inc. 5/4/87 5/4/97 1628 I0/18/2001 87-08 c/o Cheryl Henry Phase I 10900 NE 8th St • Suite 900 Bellevue,WA 98004 S. W-505 8803161008 Lyle Barger 2/5/88 9/15/95 1628 2/29/2000 8802 198 Union Av.NE C4 Renton,WA 98056 C 6. 5-455 8803161009 Miriam G.Holmquist 2/22/88 2/22/98 1628 8/8/2002 88-05 2610 NE 7th Street Renton,WA 98056 • S-415 8804260281 Crown Pointe LW Ptnshp 4/6/88 4/6.'98 1628 '1,'20/2002 .0 8807 Cenlron 3025 112th Ave NE Suite 100 Bellevue.WA 98009 8 W•953 9105231159 Windsor Place Associates 5/13/91 5/13/2001 1628 11►.'2"'200S S474 31820 24th Av SW ' • 9104 Federal Way,WA 910S Date Sanitary Scwer Moratorium in Uiect 7/17/89 lisle Sanitary Sewer Moratorium expired 1:3l.^-►3 • total I1ays of Moratorium 1628 91 1 W I M M 1.1 **************************************************************** City of Renton WA Reprinted: 02/05/99 10 : 50 Receipt **************************************************************** Receipt Number: R9900483 Amount: 1, 508 . 91 02/05/99 10 : 50 Payment Method: CHECK Notation: #9418 RIBERA-BAL Init: LN Project #: LUA99-012 Type: LUA Land Use Actions Parcel No: 518210-0031 Site Address : 4301 NE 4TH ST Total Fees : 1, 508 .91 This Payment 1, 508 .91 Total ALL Pmts : 1, 508 . 91 Balance: . 00 **************************************************************** Account Code Description Amount 000 . 345 . 81 . 00 . 0004 Binding Site/Short Plat 1, 000 . 00 000 . 345 . 81. 00 . 0007 Environmental Review 500 . 00 000 . 05 . 519 .90 .42 . 1 Postage 8 . 91 Preliminary Wetland Delineatic Ribera Proper Renton, Washington C. December 191 99 -0(7_,SLI °I H) 1-, , i L p I SHANNON&WILSON, INC. GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS I I ' ( At Shannon&Wilson,our mission is to be a progressive,well-managed -.l professional consulting firm in the fields of engineering and applied f + earth sciences.Our goal is to perform our services with the highest — degree of professionalism with due consideration to the best interests of the public,our clients,and our employees. cl Submitted o: Mr.Tim O'K ie NW Retail Partners, L D --f 600 University St, Suite 3c 2 Seattle,Washington 98' )0 Y: Shannon &Wilson, I c. 400 N. 34th Street, Suite )0 Seattle,Washington 98 )3 -46 T-1858 )2 SEATTLE rj RICHIAND' S�NO■ V ILSON, INC. FAIRBANKS RICHLANDANCHORAGE GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS BNTLOUIS BOSTON December 28, 1998 Mr. Tim O'Kane NW Retail Partners, LTD 600 University St., Suite 3012 Seattle, WA 98100 RE: PRELIMINARY WETLAND DELINEATION, RIBERA PROPERTY, RENTON, WASHINGTON Dear Mr. O'Kane: Shannon& Wilson, Inc. performed the preliminary wetland delineation as described in our contract dated October 22, 1998. The objectives of this project are: 1. Complete a wetland delineation and stream classification for the site; 2. Prepare a sensitive area report describing any wetlands and streams found on site, and discussing the City of Renton's regulations regarding development near wetlands and streams. The enclosed report describes the results of our study. If you have any questions, please call me at(206) 695-6738. Sincerely, SHANNON & WILSON,INC. Katie L. Walter Senior Wetland Scientist ACD:KLW/arz Enclosure: Preliminary Wetland Delineation, Ribera Property, Renton, Washington T 185 8-02.Itr.doc/p ec/am 400 NORTH 34TH STREET•SUITE 100 T-1858-02 P.O. BOX 300303 SEATTLE, WASHINGTON 98103 206.632.8020 FAX 206.633.6777 TDD: 1.800.833.6388 SHANNON EIWILSON,INC. EXECUTIVE SUMMARY Shannon& Wilson, Inc., conducted a preliminary wetland delineation on property owned by Diane Ribera within the City of Renton boundaries, in King County, Washington (NE1/4 of Section 15, Township 23 N, and Range 5 East). The property is approximately 9.2 acres in size, and located in the southeast quadrant of Northeast 4th Street and Union Ave. NE, Renton (Highlands), Washington. Two wetlands were identified and delineated on the Ribera property using the Corps of Engineers Wetland Delineation Manual (1987). Both were associated with Maplewood Creek, which flows along the western and southern boundary of the property. Both wetlands were flagged and surveyed. Based on the City of Renton's Wetland Management code, both wetlands would be considered Category III wetlands. The City of Renton requires a 25-foot buffer from the wetland edge if this site is developed. A review of existing sensitive area maps by King County, the City of Renton, and the U.S. Geological Survey (U.S. Dept. of Interior, Fish& Wildlife)National Wetland Inventory did not indicate any wetlands on the site. However, Maplewood Creek was identified by all of the sources of information. A 25-foot buffer is required on Maplewood Creek. Because the creek is contained within the wetland area, the wetland buffer of 25 feet would extend beyond the creek buffer and govern the extent of development on the site. T1858-02.rpt.doc/pec/am T-185 8-02 1 SHANNON EIWILSON.INC. TABLE OF CONTENTS Page EXECUTIVE SUMMARY 1.0 INTRODUCTION 1 1 .1 Scope of Services 1 1.2 Site Location and Description 1 2.0 METHODS 2 3.0 DOCUMENT REVIEW 3 4.0 WETLAND AREAS AND STREAM 3 4.1 Wetland A 4 4.2 Wetland B 4 4.3 Wetland Buffer 5 4.4 Stream 5 5.0 WETLAND AND STREAM REGULATIONS 6 5.1 Wetland Rating 6 6.0 CLOSURE 6 7.0 REFERENCES 8 LIST OF FIGURES Figure No. 1 Vicinity Map 2 Wetland Inventory Maps 3 Soils Map 4 Wetland Delineation Map Ti858-02.rpt.doc/pec/am T-18 5 8-02 11 TABLE OF CONTENTS (cont.) SHANNON EIWILSON,INC. LIST OF APPENDICES APPENDIX A WETLAND DELINEATION METHODOLOGY APPENDIX B WETLAND FIELD DATA SHEETS APPENDIX C IMPORTANT INFORMATION ABOUT YOUR WETLAND DELINEATION/MITIGATION AND/OR STREAM CLASSIFICATION REPORT T 1858-02.rpt.doc/pec/am T-18 5 8-02 111 SHANNON&WILSON,INC. PRELIMINARY WETLAND DELINEATION RIBERA PROPERTY RENTON, WASHINGTON 1.0 INTRODUCTION Shannon& Wilson, Inc. conducted a preliminary wetland delineation on a 9.2 acre site, owned by Diane Ribera, within the City of Renton boundaries, in King County, Washington(NE1/4 Section 15, Township 23 N, Range 5 East). The fieldwork was conducted on November 20, 1998. This work was performed to provide a preliminary wetland delineation as requested by Tim O'Kane of NW Retail Partners, LTD. 1.1 Scope of Services The scope of services for this project was limited to two main tasks. The first task was to complete a wetland delineation and stream assessment for the site. The second was to prepare a sensitive area report describing any wetlands and streams found on site. Wetlands and streams were identified and classified based on the 1987 Corps of Engineers Wetland Delineation Manual, and the City of Renton's Wetlands Management Code. This report includes a review of available information pertaining to the site such as the City of Renton wetland maps and Wetland Management Code, King County Soil Survey, and the National Wetland Inventory Maps. This report also includes a summary of the City of Renton's regulations regarding development near wetlands and streams. The location of existing wetlands and streams are presented on a surveyed site map. 1.2 Site Location and Description The subject property is located on Northeast 4th Street, at its intersection with Union Avenue NE, in Renton, Washington (Figure 1). The site is approximately 9.2 acres in size. Maplewood Creek flows south along the west border of the site, and exits the site through the middle of the southern border. The site is bounded by Northeast 4th Street on the north, and mixed use properties on the east, west, and south. Property south of the site has been filled creating an approximately 15-foot rise along the south property line. Generally, site topography slopes down gently toward the southwest side of the property. Historically, portions of the property may have been cleared and filled. Currently there are two occupied rental houses along the north T1858-02.rpt.doc/pec/am T-185 8-02 1 SHANNON bWILSON,INC. side of the property. The eastern half of the property is densely forested, and in the western half there are a few willow and spirea patches along the creek, but the predominant vegetation is Scots broom, blackberry, and reed canarygrass. 2.0 METHODS The two components of a wetland investigation, review of existing information and evaluation of field conditions, were both utilized to make a wetland determination. Both aspects of the investigation are necessary to account for seasonal and historical changes to the land, but a wetland determination can only be made with the support of data from a field reconnaissance. Background information pertaining to the wetland site was collected and reviewed for its usefulness. These information sources included: ► U.S. Fish and Wildlife Service National Wetland Inventory Map of Renton, Washington Quadrangle, 1:24,000 scale (U.S. Department of the Interior, 1988); ► U.S. Geological Survey Map of Renton, Washington Quadrangle, 1:24,000 scale (U.S. Geological Survey, 1994); ► U.S. Soil Conservation Service (SCS) Soil Survey of King County Area, Washington— Sheet No. 11 (U.S. Department of Agriculture, 1979); ► King County Sensitive Areas Map Folio — Sheet No. 9 (King County Environmental Division, 1990); ► City of Renton Building Regulations, Chapter 32, Wetlands Management Code (Publishing, Inc., 1998). Katie Walter and Amy Dearborn conducted the preliminary wetland delineation on November 20, 1998. The wetland was delineated using methods described in the 1987 Army Corps of Engineers Wetland Delineation Manual (U.S. Army Corps of Engineers, 1987), and supplemented by the DOE 1997 Wetland Delineation Manual (Washington State Department of Ecology, 1997). The site was walked to determine if normal conditions exist and to identify plant community types and wetland classification types present. Wetland presence was determined by conducting a Routine Method Delineation. Data points were selected with consideration to plant community types and wetland classification features. Data was collected at each point on vegetation, soils, and hydrology. Corresponding T1858-02.rpt.doc/pec/am T-1858-02 2 SHANNON iWILSON,INC. upland and wetland plots were recorded to more accurately determine the boundaries of on-site wetlands. The triple parameter approach was used, which acknowledges the presence of vegetation, soil conditions, and hydrologic conditions. Under this methodology, vegetation, soils, and hydrology are each evaluated to determine the presence or absence of wetlands. Based on the use of this method, an area is considered to be a wetland if each of the following are met: (1) dominant hydrophytic vegetation is present in the area; (2)the soils in the area are hydric; and (3)the necessary hydrologic conditions within the area are met. (Appendix A) 3.0 DOCUMENT REVIEW Neither the U.S. Fish and Wildlife Service National Wetland Inventory Map (Renton, Washington) nor the City of Renton Wetland Inventory Map indicate the presence of any wetlands on or near the site (Figure 2). Maplewood Creek appears on both maps, and is classified as Riverine, intermittent, streambed, seasonally flooded (R4SBC) on the National Wetlands Inventory Map. The King County Soil Survey (Soil Conservation Service, 1979) (Figure 3) maps the site as containing Alderwood gravelly sandy loam, AgC, with 6-15 percent slopes. This series is considered moderately well drained, with a weak to strongly consolidated substratum within approximately 24 to 40 inches below the surface. Runoff is slow to medium, and the erosion hazard is moderate. This soil type is considered non-hydric on the Washington State list of hydric soils. However, as much as three percent of the areas mapped as Alderwood gravelly sandy loam, 6-15 percent have inclusions of the poorly drained Norma, Bellingham, Seattle, Tukwila, and Shalean soils. These soil inclusions are all considered hydric soil. 4.0 WETLAND AREAS AND STREAM Two wetlands were identified on the property from the field reconnaissance conducted (Figure 4). Both are associated with Maplewood Creek, which flows along the western and southern boundary of the property. Wetland boundaries were primarily established based on the vegetation and topographic changes as well as the presence of standing water and hydric soil indicators. While data were recorded from five data plots: two upland plots and three wetland plots, several other soil pits and sites were examined to established the wetland boundary. Data T1858-02.rpt.doc/pec/am T-185 8-02 3 SHANNON bWILSON,INC. sheets are included in Appendix B. Based on USFWS Classification of Wetlands in Deepwater Habitats of the United States (1992) both wetlands are palustrine, scrub-shrub (PSS) wetland communities. 4.1 Wetland A Wetland A is located along the western property boundary and is associated with Maplewood Creek. The wetland is vegetated with a thin scrub-shrub stratum over a thick herbaceous grass understory. Reed canarygrass (Phalaris arundinaceae) and bent grass (Agrostis spp.) dominate the herbaceous stratum. There are patches of hard hack (Spirea douglasii), red osier dogwood (Cornus stolonifera), willow (Salix spp.), and red alder(Alnus rubra) found in the scrub/shrub stratum. The shrubs are more heavily concentrated immediately adjacent to the stream. The plant indicator status (Appendix A, Table A-1) for plant species found within this wetland ranged from FAC to FACW, which meets the criteria for hydrophytic vegetation. Soils were analyzed for color, texture, and moisture content. In general, the soils observed in and adjacent to Wetland A were sandy loam, gravelly sandy loam, and very gravelly sandy loam, with pockets of large gravel or fill. Wetland plots contained low-chroma soils. Soil color was very dark gray (10YR 3/1) 0-6 inches and black(10YR 2/1) 6-16 inches in data plot 1, and dark grayish brown 0-8+ inches (10YR 4/2) in data plot 4. These are indicators of hydric soils. The soils were saturated within 12 inches of the surface or inundated with as much as six inches to a foot of water in level areas. The creek was overflowing its banks during our site visit, and appeared to overflow routinely. Thus, wetland hydrology criteria was assumed to persist for a sufficient duration to satisfy the hydrologic criteria. Wetland boundaries were primarily established based on the topographic and vegetative change as well as on presence of standing water and hydric soil indicators. Much of this wetland has been disturbed in the past as evidenced by ditching of creek, old fill piles, and wetland plant communities indicative of disturbed conditions, such as canarygrass and blackberry. 4.2 Wetland B The wetland is thickly vegetated, with a dense scrub-shrub understory. Aspen(Populus tremuloides), willow(Salix spp.), snowberry (Symphoricorpus albus), and Pacific Ninebark (Physocarpus capitatus) dominate the scrub/shrub stratum. The herbaceous stratum is composed of slough sedge (Carex obnupta). The disturbed wetland edge is dominated by himalayan blackberry (Rubus discolor). The wetland/upland edge along the undisturbed portion of the T 1858-02.rpt.doc/pec/am T-18 5 8-02 4 SHANNON FJWILSON,INC. wetland had a very distinct vegetative transition, going from the wetland plants described above to a dense cover of salal (Gaultherra shallop) and Oregon grape (Berberis nervosa). The plant indicator status for plant species found within this wetland ranged from FACU to OBL, but the predominate vegetative community was OBL to FACW. The dominant plants in wetland B meet the criteria for hydrophytic vegetation. Soils were analyzed for color, texture, and moisture content. The soils observed within the wetland were gravelly sandy loam, with pockets of large gravel or fill and organics. Wetland plots contained low-chroma soils. Soil color was very dark gray (2.5Y 3/1) 0-9 inches, and dark brown (10YR 3/3) 9+ inches in data plot 5. These are indications of hydric soil. These soils were saturated. The western and southern edge of this wetland had been bermed mostly cutting off the hydrologic connection to the stream. The berm also acted to impound water in the wetland. Based on these field conditions, the wetland hydrology criteria was assumed to persist for sufficient duration to satisfy the hydrologic criteria. 4.3 Wetland Buffer The vegetation of the adjacent upland buffer is comprised of Himalayan blackberry (Rubus discolor), reed canarygrass (Phalaris arundinacea), Scot's broom (Cytisus scoparius), Canada thistle (Cirsium arvense), and common tansy(Tanacetum vulgare) as well as many varieties of pasture grass. The soils were comprised of gravelly sandy loam and very gravelly sandy loam, and were not saturated. There was some evidence of past human disturbance to the area, such as tire tracks and garbage. 4.4 Stream Maplewood creek flows in a southerly direction through the west side of the property. The west side of the creek bank slopes up very steeply, but the east side has a very gradual slope, which was flooded at the time of our site visit. The creek enters the north side of the property through a culvert under Northeast 4th Street and roughly flows parallel to the western border of the property. It then flows easterly approximately along the southern border of the property, and leaves the property to the south halfway along the southern property border. The channel was ditched along most of the onsite reach at some time in the past. Maplewood Creek is a tributary to the Cedar River. Our study did not involve an investigation of fish use of the stream. However, a review of existing information indicates the stream is ephemeral, going dry during the summer. Also, the creek is reported to have fish migration T 185 8-02.rpt.doc/pec/am T-18 5 8-02 5 SHANNON&WILSON,INC. barriers downstream of the project area. This tributary enters the Cedar River after passing through Maplewood Golf& Country Club, and passing under State Route 169. Thus, anadromous salmonids are not likely to be present in this section of the stream. 5.0 WETLAND AND STREAM REGULATIONS A comprehensive rating system for wetlands is contained in the City of Renton Wetland Management section of the Building Regulation Code. For each wetland rating given by the City of Renton, there is a buffer setback required. The buffer should surround the delineated wetland, and should not be impacted by development unless mitigation for impacts are provided. 5.1 Wetland Rating Wetland A was classified as a Category 3 wetland for the following reasons. The wetland is greater than 5000 square feet and, in the past, has been disturbed through ditching, filling, and clearing of vegetation. Wetland B was classified as a Category 3 wetland because it is less than 5000 square feet and it does not meet any of the criteria listed in Category 1 or 2 wetlands. Category 3 wetlands, as listed in the Renton Wetlands Management regulations, require 25-foot buffers. Steams are regulated within the City of Renton Building Regulations and require 25 foot buffers from the edge of ordinary high water. Ordinary high water in this stream would likely be considered the edge of the ditched bank. Land clearing or tree cutting is not permitted by the City of Renton within these buffers. Because the stream is contained within the wetland, the wetland buffer would extend beyond the stream buffer and govern the extent of development on the site. 6.0 CLOSURE The findings and conclusions documented in this report have been prepared for specific application to this project, and have been developed in a manner consistent with that level of care and skill normally exercised by members of the environmental science profession currently practicing under similar conditions in the area, and in accordance with the terms and conditions set forth in our agreement. The conclusion and recommendations presented in this report are professional opinions based on interpretation of information currently available to us, and are T1858-02.rpt.doc/pec/am T-18 5 8-02 6 SHANNON FiWILSON,INC. made within the operational scope, budget, and schedule constraints of this project. No warranty, express or implied, is made. Wetland boundaries identified by Shannon &Wilson are considered to be preliminary until the Corps and/or the local jurisdictional agency validate the flagged wetland boundaries. Validation of the wetland boundary by the regulating agency(s) provides a certification, usually written, that the wetland boundaries verified are the boundaries that will be regulated by the agency(s)until a specified data or until the regulations are modified. Only the regulating agency(s) can provide this certification. Since wetlands are dynamic communities affected by both natural and human activities, changes in wetland boundaries may be expected; therefore, wetland delineations cannot remain valid for an indefinite period of time. The U.S. Army Corps of Engineers typically recognizes the validity of wetland delineations for a period of five years after completion and the City of Renton for only two years. Development activities on a site two years after the completion of this wetland delineation report may require revision of the wetland delineation. In addition, changes in government code, regulations, or laws may occur. Because of such changes beyond our control, our observations and conclusions regarding this site may need to be revised wholly or in part. SHANNON & WILSON,INC. Katie L. Walter, P.W.S. Senior Wetland Biologist d Amy C. De rborn Environmental Scientist T 1858-02.rpt.doc/pec/am T-185 8-02 7 SHANNON FiWILSON,INC. 7.0 REFERENCES City of Renton, 1998, City of Renton building regulations: Code Publishing, Inc., Seattle, Wash. Cowardin, L.M., and others, 1979, Classifications of wetlands and deepwater habitats of the United States: U.S. Fish and Wildlife Service Publication FWS/OSB-79/31. King County Environmental Division, Parks, Planning and Resources Department, 1990, King County wetlands inventory: Volume 2 East. U.S. Army Corps of Engineers, 1987, Corps of Engineers wetlands delineation manual: Vicksburg, Miss., U.S. Army Engineer Waterways Experiment Station, Technical Report Y-87-1. U. S. Department of Agriculture, Soil Conservation Service, 1979, Soil survey of King County, Washington. U.S. Department of the Interior, Fish and Wildlife Service, 1988, National wetland inventory map: Renton, Washington, Quadrangle. , 1993, National list of plant species that occur in wetlands: Northwest (Region 9), Biological Report 88 (26.9). U.S. Geological Survey, 1994, USGS topographical map: Renton, Washington, Quadrangle. Washington State Department of Ecology, 1997, Washington State wetlands identification and delineation manual: Publication#96-94, Washington State Department of Ecology, Olympia, Wash. T1858-02.rpt.doc/pec/am T-1858-02 8 ,IIIPPr1191 � � '}1.tnly©� �® r ��® "1�® _ rcFn r .:1 SE 124TH ST i N '..71 PI N- H:f �' ► i . 63.11 �ai= [SAY NEi� � _> E 57N Sr sr InsTN 4 w !'' 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All rights reserved. SHANNON & WILSON, INC. FIG. 1 Geotechnicat and Environments!Consultants ~ ILO11111174.;t... !— -1. �s�n .ew T W-16A . I. •Sch ..:\,_, .\.'...1,\--. .c i ' f � W-17K W-20 W-18K „itaavisil isieti.t. • 1 .- fr . Ni 1 .... . 11 L IMICIL �'.-- ► 1 __ Par PFOA PS C\ PROJECT �� PEMC - ar LOCATION ®1111Q W-274 • I W.21K .er� _ � SE..•• . . 2BTN W 11 i 1 t--,-,— iv . 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November 1998 T-1858-02 SHANNON & WILSON, INC. FIG. 2 Geotechnical and Environmental Consultants 1.; i 4/ . i it r > I, l: •• 1 N t - .. t • ,t ... __ ti • f ` ;. t , Ag@ 1 . ta:Emoggr L... . \ iq tIl'ghlam I. '-�5' — ►j ZdGSch•.tig-•,.. • r —t\ µR1 In•• $.'- .. . . T •. 4‘,..... ii, •,,,::::3::„./.17. 1 .: • III li • •._ lir II t ii' .Bd uBM . J / 3 ".1 I • I ; • .I.® 3J a 424 • ii . I EvD 1� I I r .CoUJAgc •- • • :I. �tt Oli :' a c`n ' 406 • . ./, r, EvC ` '• ,ik,.13„;;.,/,/,,.:: .� A + •�an ° '%e *• �� \. ` In L . .• it 1 •Mi • 1 15•. C \ AkF I i --IAkF �.% ;); r' • • • 7 , d� i I ea f I IMO '� ,� ...,AkF_ _ I �+.'��r�e.[;1.4 "... ` I BM •AkF II t \fie • •/f 37 5 =7 ., ASC•BM137• AkF i'ER '• Py Co/`' MC ra.. ''6'„ ► ..‘ /' \s `4* ‘ coy f it ...... :..... 'c,... , ‘ /1 \. 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CITY OF RENTON, KING COUNTY, WASHINGTON Culvert 4 SE 128th St. (King Co.) $ .---R---.---ilkNE 4th St. (Renton) \ ()L1Clit-47 / j ( "-\ i Centerline of ,r ` �. Maplewood Creek / `i 1 \ \ I 0 100 200 Culvert )1 1 1\ ; $ f) / SP2 • \ \ \ ` i.. Scale : ` � Viet A / ( A \\ \\J \) • ` Wetland/Creek Buffer 1 1 100 ' 11 ) \ J \ SP1 ` (25-feet)\ / \ \ g Vertical Datum: wry / 1 \ > City of Renton. • \\ \ \( SP3 ' \ S , \� / \ $ Centre 30821B Pacific Hwy South )))( \ k - j-----' Federal Way, WA. 98003 o ` \ # (253) 941-7522 ‘) / �.� Pointe \ L .� :�..: 4 Surveying..,/. \ \ , . l \ / I DRAW K MAIN N CARBON 1 \\ --‘(\ We land 13" �\ l DATE Dec . 22, 1998 JOB NO.: 1490 / 1 \ SP4 �� illith ' ' _/ / \, `All 1 " = 100 ' DRAWING NAME 1490 LEGEND \ M of was s \ J. / O 1, O Ribera Property 2 , SARenton, Washington • SP1 Soil Plot Location > \\ ,V I • . ►� r o Creek/Ditch Centerline I, „T.,22338 o J� WETLANDAP --__ / J ) i */ E0" Sow DELINEATION M Wetland/Creek Buffer ` ��Cj51� L ANO December 1998 T-1858-02 ,IN EXPIRES 12-15-1999�, • Wetland Edge SHANNON� &WIC SON,sINaCts FIG. 4 SHANNON iWILSON.INC. APPENDIX A WETLAND DELINEATION METHODOLOGY T-1858-02 SHANNON iWILSON,INC. APPENDIX A WETLAND DELINEATION METHODOLOGY TABLE OF CONTENTS Page A.1 WETLAND VEGETATION A-1 A.2 HYDRIC SOILS A-2 A.3 WETLAND HYDROLOGY A-2 A.4 REFERENCES A-4 LIST OF TABLES Table No. A-1 Definitions Of Plant Indicator Status A-5 A-2 Hydric Soil Indicators A-6 A-3 Hydrologic Regimes And Wetland Characteristics A-7 T1853-01.rpt.AppA doc/pec/am T-18 5 3-01 A-i SHANNON&WILSON,INC. APPENDIX A WETLAND DELINEATION METHODOLOGY The triple-parameter approach of the Corps of Engineers Wetland Delineation Manual(Corps of Engineers, 1987)was used to delineate the wetlands on site described in this report. Under this methodology, vegetation, soils, and hydrology are each evaluated to determine the presence or absence of wetlands. Based on this methodology, an area is considered to be a wetland if each of the following are met: (1) dominant hydrophytic vegetation is present in the area; (2)the soils in the area are hydric; and (3)the necessary hydrologic conditions within the area are met. A determination of wetland presence was made by conducting an on-site routine method delineation. Both upland and wetland plots were recorded to more accurately determine the boundaries of on-site wetlands. Wetland boundaries were determined by conducting a walk- through inspection of the property. A.1 WETLAND VEGETATION Hydrophytic plants are plant species specially adapted for saturated and/or anaerobic conditions. These species can be found where environmental conditions have a significant duration and frequency of inundation, which produces permanently or periodically, saturated soils. Hydrophytic species, due to morphological, physiological, and reproductive adaptations, have the ability to grow, effectively compete, reproduce, and thrive in anaerobic soil. The U.S. Army Corps of Engineers (Corps) and the U.S. Fish and Wildlife Service (USFWS) has assigned an indicator status to many plant species, which is based on the estimated probability of the species existing under wetland conditions. Plants are categorized as Obligate (OBL), Facultative Wetland (FACW), Facultative (FAC), Facultative Upland (FACU), and Upland (UPL). Species with an indicator status of OBL, FACW, or FAC are considered to be adaptive to saturated and/or anaerobic (i.e., wetland) conditions and are referred to as hydrophytic vegetation(Table A-1). The approximate percentage of cover for each of the different plant species occurring within the tree, shrub, and herb strata were determined within a plant community. Dominant plant species are considered to be those having the greatest relative basal area (woody overstory), greatest height (woody understory), and greatest percentage of areal cover (herbaceous understory). T1853-01.►pt.AppA.doc/pec/am T-18 5 3-01 A-1 SHANNON&WILSON,INC. The indicator status of the dominant plant species within each of the vegetative strata is used to determine the presence of hydrophytic vegetation near each data point. A data point was considered to have hydrophytic vegetation of greater than 50 percent of the dominant plant species within the area had an indicator status of OBL, FACW or FAC. A.2 HYDRIC SOILS Hydric soils are defined as those that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of ihydrophytic vegetation. As a result of anaerobic conditions, hydric soils exhibit characteristics directly observable in the field, including high organic matter content, greenish or bluish gray color(gley formation), accumulation of sulfidic material, aquic soil moisture regimes, spots of orange or yellow color(mottling), and dark soil colors (low chromas) (Table A-2). Throughout a large portion of the area delineated as wetland, identification of hydric soils was aided through observation of surface hydrologic characteristics and indicators of wetland hydrology (i.e., inundation and saturation). The extent of hydric soils was defined through direct soil observation within several data points, placed both inside and outside the wetland. Soil observations were completed within soil holes dug with a shovel to a depth of at least 18 inches below the existing ground surface. Soil organic and mineral content was estimated visually and texturally. Soil colors were determined through analysis of the hue, value and chroma best represented in the Munsell Soil Color Chart (Gretag McBeth, 1994). A soil chroma of 2 in combination with soil mottling, or a soil chroma of 1 without mottling, typically indicates a hydric soil if within 10 inches of the surface, or directly below the A horizon. A.3 WETLAND HYDROLOGY Hydrologic conditions identifying wetland characteristics occur during periods when the soils are inundated permanently or periodically, or when the soil is continuously saturated to the surface for sufficient duration to develop hydric soils and support vegetation typically adapted for life in periodically anaerobic soil conditions. Wetland hydrology criteria were considered to be satisfied if it appeared that the soil was seasonally inundated or saturated to the surface for a consecutive number of days greater than or equal to 12.5 percent of the growing season (Table A-3). The growing season begins when the soil reaches a temperature of 41 degrees Fahrenheit in the zone of root penetration. The growing season in low elevations in western Washington is typically considered to be from March 1 to October 31 (244 days) (Washington State Department of Ecology, 1997). T1853-01.rpt.AppA.doc/pec/am T-1853-01 A-2 SHANNON&WILSON,INC. The hydrology was evaluated by direct visual observation of surface inundation or soil saturation in test plots. According to the 1987 Manual, "for soil saturation to impact vegetation, it must occur within a major portion of the root zone (usually within 12 inches of the surface) of the prevalent vegetation." Therefore, if saturated soils or indicators were observed within 12 inches of the surface, positive indicators of wetland hydrology were noted. The area near each data point was examined for additional indicators of wetland hydrology. These indicators include watermarks, scour areas, drift lines, sediment deposits, and drainage patterns. Areas where positive indicators of hydrology were noted were assumed to contain wetland hydrology. T1853-01.rpt.AppA doc/pec/am T-185 3-01 A-3 SHANNON bWILSON,INC. A.4 REFERENCES Gretag McBeth, rev. ed., 1994, Mansell soil color charts: New Windsor,NY 12553. U.S. Army Corps of Engineers, 1987, Corps of Engineers wetland delineation manual: Bicksburge, Miss., U.S. Army Waterways Experiment Station, Tech. Report Y-87-1. U.S. Department of Interior, Fish and Wildlife Services, 1993, National list of plant species that occur in wetlands: Northwest (Region 9), Biological Report 88 (26.9) (Revised 1993) 1989. Washington State Department of Ecology, 1997, Washington State wetlands identification and delineation manual: Washington State Department of Ecology, Publication#96-9994, Olympia, Wash. T 1853-01.rpt.AppA.doc/pec/am T-18 5 3-01 A-4 SHANNON&WILSON,INC. TABLE A-1 DEFINITIONS OF PLANT INDICATOR STATUS Plant Indicator Status Categories ► Obligate Wetland Plants (OBL) —Plants that occur in wetlands, under natural conditions, approximately 99%of the time. ► Facultative Wetland Plants (FACW)—Plants that occur in wetlands approximately 67 -99%of the time. ► Facultative(FAC)—Plants that are as likely to be found in wetlands as in non-wetlands; approximately 34—66%of the time in either. ► Facultative Upland Plants (FACU)—Plants that occur in non-wetlands approximately 1-33%of the time. ► Obligate Upland Plants (UPL)—Plants that occur in non-wetlands, under natural conditions, approximately 99%of the time. ► No Indicator(NI)—Species which have not been given an indicator status,and assumed to be upland. Source: National List Of Plant Species That Occur In Wetlands:Northwest(Region 9). U.S. Fish and Wildlife Service Biological Report 88(26.9). (Revised 1993) 89p. T1853-01.rpt.AppA.doc/pec/am T-1853-01 A-5 SHANNON iWILSON,INC. TABLE A-2 HYDRIC SOIL INDICATORS HYDRIC INDICATOR DIAGNOSTIC CRITERIA ► Organic Content >50% by volume (constitutes organic soil) ► Sulfidic Material "Rotten egg" odor ► Soil Color Matrix Chroma of 2 or less in mottled soils Matrix Chroma of 1 or less in unmottled soils Gleyed colors ► Water Saturation Soil saturated at 0.5, 1.0, or 1.5 feet from the surface (depending on the soil drainage class and permeability) for a significant period during the growing season. ► Soil Color Definitions Hue: Indicates the dominant spectral color (i.e., red, yellow, green, blue, and purple). Value: Measure of degree of darkness or lightness of the color. Chroma: Measure of the purity or strength of the color. Source: Environmental Laboratory, 1987, Corps of Engineers Wetlands Delineation Manual Technical Report Y-87-1, U.S. Army Waterways Experiment Station,Vicksburg, Mississippi. T1853-01.rpt.AppAdoc/pec/am T-1853-01 A-6 SHANNON&WILSON,INC. TABLE A-3 HYDROLOGIC REGIMES AND WETLAND CHARACTERISTICS Du�ratwu of nundatEo> ::: 'etlan ;s;::;::>::::>:::De eeaf Inuiidatonvr..Salur�t�ttn;;::::.;:>::;:::><:::::>:::::orS�t:ue`at�o�:s>. �+►::>;;;::.>: :: Ghat` ct�:.. � .:.:.... Permanently inundated(open water)** 100 present Semipermanently to nearly permanently inundated >_ 75 -< 100 present or saturated *** Regularly inundated or saturated >25 -<75 usually present Seasonally inundated or saturated >_ 12.5 -<25 often present Irregularly inundated or saturated >_ 5 -< 12.5 often absent Intermittently or never inundated or saturated <5 absent Notes: * Percent of growing season ** Inundation>6.6 feet mean water depth *** Inundation 6.6 feet mean water depth T1853-01.rpt.AppAdoc/pec/am T-1853-01 A-7 SHANNON bW1LSON,INC. APPENDIX B WETLAND FIELD DATA SHEETS T-1858-02 Data Point:J-_of 6 DATA FORM • ROUTINE WETLAND DETERMINATION suck 4 - tLe Project/Site: Q tIgP-vim / C)'kz:Le_ • Date: ltI10 Applicant/Owner: City:• P,tw Po Investigator: lkN /\LA,VJ Job#: "r- I b S 6 - )2- County: 11-14 State: V. - Have vegetation, soils, or hydrology been disturbed: Yes (No.,A� Is the area a potential Problem Area: Yes (If needed, explain on reverse.)• • • VEGETATION Dominant Plant Species Stratum %Cover Indicator Dominant Plant Species ,Stratum %Cover Indicator 2. 2. . 3. 3, 4. 4. 5. 5, 6. 6. 7. 7. 8. 8. Percent of Dominant Species that are OBL, FACW or FAC(except FAC-). *-Dominant species. _ / 77) ?.0 , Cowardin Classification: e,vyt,A,i 't(:v;'-• " �� Remarks: Vol\. ,7' ;', ► Ft. _. '� US (fir, HYDROLOGY _ Recorded Data(Describe in Remarks): Wetland Hydrology Indicators _Stream,Lake,or Tide Gage Aerial Photograph _ Inundated _Other Saturated in Upper 12.Inches No Recorded Data Available _ Water Marks Water Lines Sediment Deposits Field Observations: Drainage Patterns in Wetlands Oxidized Root Channels in Upper Depth of Surface Water. — (in.) — 12 Inches Depth to Free Water in Pit: (in.) Water-Stained Leaves Depth to Saturated Soil: (; (in.) Local Soil Survey Data y _ Other(Explain in Remarks) 2 Remarks: UJ/i rk. Ll L. ZC G: ,•'•f.�� A ,6•t.t.--�' 1-6 1ifG L�- I S I Gl�LGt �(tl,Q4 1 • Data Point: of SOILS Map Unit Name: AIM wDBiA (-551-- Drainage Class: ON d 1AP.1A Field Observations Taxonomy(Subgroup): Confirm Mapped Type? 0 No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture,Concretions, finches' (Munsell Moist' (Munsell Moist) Abundance/Contrast Rhizospheres.etc. //° `°135•A tAilf.ttLO we. (ob!' \d ll 3 I )2fre.1 Hydric Soil Indicators: Histosol Concretions _ Histic Epipedon _ High Organic Content in Surface Layer Sulfidic Odor _ Organic Streaking Probable Aquic Moisture,Regime _ Listed on Local Hydric Soils List Reducing Conditions,_., _ Listed on National Hydric Soils List _ Gleyed or LLow-Chroma Colors _ Other(Explain in Remarks). ?e"s5i.?,C Remarks: TLC YSo sou) 3 ) \01kk \t\O 01 /r0\0`T-- /kt t,t pp • '� r`c�*1.t-� • • • WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No Hydric Soils Present? No Is this Data Point Within a Wetland? Yes No Wetland Hydrology Present? f es No Remarks: At- ed I t,e i,h.4tr`4 h ewl` C t > ) y x k GV(- p t.J A&'' tt 1S 0 ' y 8-2-93/DATA.FRMf R]T-U:d/dgw• Data Point: Z of S • DATA FORM • ROUTINE WETLAND DETERMINATION T'i4- t. Project/Site: Y-1 .2c^k.". lD rz..TA t. Date: t1127) Applicant/Owner: - City: '�t°av 'in ,, Investigator: 4f,b/$.\,$ Job#: T-I b5re L - County: 141.0 cs State: IA„. Have vegetation, soils, or hydrology been disturbed: Yes ( Is the area a potential Problem Area: Yes No , (If needed, explain on reverse.) • VEGETATION • Dominant Plant Species Stratum %Cover Indicator Dominant Plant Species Stratum %Cover Indicator I. 1)r,1.2,1 .c1,,,(A.? ,5 ` Y -GU I. 2. 01,?^i, 4.04,)et:dsp.l-- U 1 7 4 c.1Jti 2. 3. C�' s l,',:rr.,,,v, Gj - o1 a 3. 4. AGvnYl't� ,) I:4 C. 9 076 r�,-. 4 5. j - 5. 6. 6. 7. 7. 8 8 Percent of Dominant Species that are OBL, �� FACW or FAC(except FAC-). *-Dominant species. _ Cowardin Classification: nOr‘t.. Remarks: 1 vt✓ •5;, s •,,.Jr sue'{C p I0- HYDROLOGY Recorded Data(Describe in Remarks): Wetland Hydrology Indicators _Stream,Lake,or Tide Gage _Aerial Photograph _ Inundated _Other Saturated in Upper 12 Inches • X* No Recorded Data Available _ Water Marks Water Lines _ Sediment Deposits Field Observations: Drainage Patterns in Wetlands Oxidized Root Channels in Upper Depth of Surface Water. (in-) 12 Inches Depth to Free Water in Pit: -717 k (in.) Water-Stained Leaves Depth to Saturated Soil: ' I'7-I- (in.) "I. _ Local Soil Survey Data 4/ _ Other(Explain in Remarks) Remarks: 0 14u wed'el, Ce-- bVIQ I trt-, )%t k 0 • r` ►t';,,., fir,[4,, ,; ,t,.3�•l c'tI tit‹.4 `.;+ Data Point: of • SOILS • Map Unit Name: (-Idiot.wen,d am" Drainage Class: 14/6076/ %(,e Field Observations Taxonomy(Subgroup): Confirm Mapped Type? Ye No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture,Concretions, finches) (Munsell Moistl fMunsell Moistl Abundance/Contrast Rhizospheres.etc. Ynd \,15>,,v t. J Hydric Soil Indicators: _ Histosol _ Concretions _ Histic Epipedon High Organic Content in Surface Layer _ Sulfidic Odor _ Organic Streaking Probable Aquic MoistureRegime • Listed on Local Hydric Soils List Reducing Conditions _ Listed on National Hydric Soils List _ Gleyed or Low-Chroma Colors _ Other(Explain in Remarks). Remarks: • • WETLAND DETERMINATION Hydrophytic Vegetation Present? ., 0 o Hydric Soils Present? Yes Is this Data Point Within a Wetland? Yes Wetland Hydrology Present? Yes No Remarks: • R-2-93/DATAFRwr7Ut-13 dldg�r Data Point: . of DATA FORM ROUTINE WETLAND DETERMINATION Project/Site: !?i A z- /0 V.-A 14-12, Date: i 1/zo/9fs Applicant/Owner: - City: IC'-e.4'4t'an Investigator: PCIb ) t, ) Job#: County: State: Lt f4 Have vegetation, soils, or hydrology been disturbed: Yes o Is the area a potential Problem Area: Yes o (If needed, explain on reverse.) • VEGETATION • Dominant Plant Species 5tratunrt °/ over Indicator Dominant Plant Species 5traturrt %Cover Indicator 2. 'Pi 1,c\ i;,eti ut• _ ,94) F GU 2. 3.1.2 v1T1 ca) F-C to 3. 4. Vb�. ( 7 1-f -7 5 (FAc) 4. 5.`1K4et ,C-241 7rlri•-- 15 5. 6. 6. 7. 7. 8. 8. Percent of Dominant Species that are OBL, J FACW or FAC(except FAC-). *-Dominant species. Cowardin Classification: Remarks: S v Ao l c.c_-S HYDROLOGY — Recorded Data(Describe in Remarks): Wetland Hydrology Indicators _Stream,Lake,or Tide Gage _Aerial Photograph Inundated _Other ._}L Saturated in Upper 12 Inches 7 No Recorded Data Available Water Marks T - - Water Lines Sediment Deposits Field Observations: — — Drainage Patterns in Wetlands _ Oxidized Root Channels in Upper Depth of Surface Water. 1 a (in.) 12 Inches Depth to Free Water in Pit: I (in.) U Water-Stained Leaves Depth to Saturated Soil: (in.) Local Soil Survey Data _ Other(Explain in Remarks) 5 Remarks: Data Point: of SOILS Map Unit Name: A[dot IAA Drainage Class: end Iti Field Observations Taxonomy(Subgroup): Confirm Mapped Type? G No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture,Concretions, f inched f Munsell Moistl fMunsell Moistl Abundance/Contrast Rhizosaheres.etc. iZ �ir ) U 1 3 15 fit' (5--61, ) bLice / - />2,t4cal+ / 'PI J Hydric Soil Indicators: • Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer _ Sulfidic Odor _ Organic Streaking _ Probable Aquic Moisture,Regime • _ Listed on Local Hydric Soils List _ Reducing Conditions Listed on National Hydric Soils List _ Gleyed or Low-Chroma Colors _ Other(Explain in Remarks). Remarks: I I 9 `• WETLAND DETERMINATION Hydrophytic Vegetation Present? () No Hydric Soils Present? Yes ` : Is this Data Point Within a Wetland? Yes P.) Wetland Hydrology Present? Yes (" o Remarks: 6�� , ^� t� t/ i�L .� ��t�,s-Wi ��` c •��C °l f � �f�S� .,.:� R-2-93/DATA.FRMI]R1t-Lk d/dgw . . _ . _ . Data Point: i of DATA FORM ROUTINE WETLAND DETERMINATION 1 � -~ 1At4) Project/Site: Q��'� ! l; t(,�� Date: 1 I Applicant/Owner: City: ' v Investigator: Job #: 43-UZ County: - < g.__ Have vegetation, soils, or hydrology been disturbed: Yes State: v\ Is the area a potential Problem Area: Yes o (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum % Cover Indicator Dominant Plant Species Stratum % Cover Indicator 1. _,t°1n%4E z.31.v1 ' ® 1. 2. (‘;'': (6,r; t-Rat) 2. 3. Q l ,;� rb6r- I i-kC- 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. 8. Percent of Dominant Species that are OBL, FACW or FAC (except FAC-). *-Dominant species. I Ob% Cowardin Classification: +'/1,M•n• . SCR.. / 5�1die, Remarks: j ✓Ad It t/S trf"' HYDROLOGY _ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gage _Aerial Photograph Inundated Other Saturated in Upper 12 Inches No Recorded Data Available Water Marks Water Lines _ Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands _ Oxidized Root Channels in Upper Depth of Surface Water: _ I (in.) 12 Inches Depth to Free Water in Pit: (in-) Water-Stained Leaves Depth to Saturated Soil: (in-) _ Local Soil Survey Data Other (Explain in Remarks) Remarks: Data Point: of SOILS Map Unit Name: A(Lit Wt3 CAS !- Drainage Class: IAA b611 Iva, ] - Field Observations Taxonomy (Subgroup): Confirm Mapped Type? l:��" No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) fMunsell Moist) (Munsell Moist) Abundance/Contrast Rhizospheres, etc. 12_3 2 10 is/z — ( s( Cet Hydric Soil Indicators: Histosol _ Concretions _ Histic Epipedon _ High Organic Content in Surface Layer Sulfidic Odor _ Organic Streaking Probable Aquic Moisture Regime _ Listed on Local Hydric Soils List _ Reducing Conditions _ Listed on National Hydric Soils List Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: ir;9-(.):" WETLAND DETERMINATION Hydrophytic Vegetation Present? gek No • Hydric Soils Present? O ' No Is this Data Point Within a Wetland? () No Wetland Hydrology Present? ir No Remarks: 4K-1 41.l✓ U(c.?/:)�.,� ��t,n t�s :�� ®t >� T raj )f a N �-Z Pt Cr 71.(1el �t am_7-'Y,. 4.1-+"1-4.C. 7"�...la.`�.d. (/a G 4Cr1...B1'1 8-2-93/DATA.FRMrTRH-lkd/dgw Data Point: r7 of • DATA FORM ROUTINE WETLAND DETERMINATION W<'(' tj Project/Site: ei A. /0 ikao.-4- Date:_ll4r Es Applicant/Owner: ) City: 'r>,r Investigator: 4-r;T) / Kt-w Job#: T- i 656'UZ- County: State: lit iA-Have vegetation, soils, or hydrology been disturbed: Yes Is the area a potential Problem Area: Yes o (If needed, explain on reverse.) - VEGETATION ' - ` Dominant Plant Species Stratum °A / V7 Cover� Indicator� Dominant Plant Species 5traturrl %Cover Indicator 1. (1 QV rta,Of5 'T V L 1. 2.-T4v56--p,s 0fr,- ?'al T /O -IvIctU- 2. 3. ' 3. 4. 4. 5. 5. - 6. 6. - 7. 7. 8. 8. Percent of Dominant Specks that are OBL, FACW or FAC(except FAC-). *-Dominant species. L b 0(0 Cowardin Classification: _PZ,l.t,,t.�-e Vt v—i 5ent.%a SIl,,-,,,1:j fl Remarks: 1 /�-t �cQ jil/ /14>e P i'= h4 x�v S/ oCl44S z"T HYDROLOGY — Recorded Data(Describe in Remarks): Wetland Hydrology Indicators _Stream,Lake,or Tide Gage Aerial Photograph Inundated _Other V Saturated in Upper 12 Inches No Recorded Data Available - _ Water Marks _ Water Lines Field Observations: Sediment Deposits ` )( Drainage Patterns in Wetlands (in-) — Oxidized Root Channels in Upper Depth of Surface Water: 12 Inches Depth to Free Water in Pit: (in.) Water-Stained Leaves Depth to Saturated Soil: (in.) Local Soil Survey Data _ Other(Explain in Remarks) •kl' Remarks: 1 VI1ICe cf.t4p _ Data Point: of SOILS • Map Unit Name: 4 f eteA (A)' 1 6i41 Drainage Class: tMO6 MI t( - Field Observations Taxonomy(Subgroup): Confirm Mapped Type? es No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture,Concretions, (inches) (Munsell Moist) (Munsell Moist) Abundance/Contrast Rhizospheres.etc. D- a,5 '1 — gd vr.c1_ 1 o-ivw w f e)-1�ti.t• r.�4 Hydric Soil Indicators: _ Histosol _ Concretions • _ Histic Epipedon _ High Organic Content in Surface Layer Sulfidic Odor _ Organic Streaking `l Probable Aquic Moisture,Regime _ Listed on Local Hydric Soils List _ Reducing Conditions _ Listed on National Hydric Soils List Gleyed or Low-Chroma Colors _ Other(Explain in Remarks). Remarks: l JO. , korptr f • • WETLAND DETERMINATION Hydrophytic Vegetation Present? No Hydric Soils Present? --Cs) No Is this Data Point Within a Wetland? 8 No Wetland Hydrology Present? Yes No Remarks: 1/�t Lt ?"y "7t'IQ ,S Yi i • 8-2-93/DATA FRT.1/7R11-lk d/d gw SHANNON 6WILSON,INC. APPENDIX C IMPORTANT INFORMATION ABOUT YOUR WETLAND DELINEATION/MITIGATION AND/OR STREAM CLASSIFICATION REPORT T-1858-02 SHANNON & WILSON, INC. Attachment to Report T-1858-02 Page 1 of 2 =id1 "' Geotechnical and Environmental Consultants Dated: December 28, 1998 To: Mr. Tim O'Kane NW Retail Partners, LTD Important Information About Your Wetland Delineation/Mitigation and/or Stream Classification Report A WETLAND/STREAM REPORT IS BASED ON PROJECT-SPECIFIC FACTORS. Wetland delineation/mitigation and stream classification reports are based on a unique set of project-specific factors. These typically include the general nature of the project and property involved, its size, and its configuration; historical use and practice; the location of the project on the site and its orientation; and the level of additional risk the client assumed by virtue of limitations imposed upon the exploratory program. The jurisdiction of any particular wetland/stream is determined by the regulatory authority(s) issuing the permit(s). As a result, one or more agencies will have jurisdiction over a particular wetland or stream with sometimes confusing regulations. It is necessary to involve a consultant who understands which agency(s) has jurisdiction over a particular wetland/stream and what the agency(s) permitting requirements are for that wetland/stream. To help reduce or avoid potential costly problems, have the consultant determine how any factors or regulations (which can change subsequent to the report) may affect the recommendations. Unless your consultant indicates otherwise, your report should not be used: ► If the size or configuration of the proposed project is altered. ► If the location or orientation of the proposed project is modified. ► If there is a change of ownership. ► For application to an adjacent site. ► For construction at an adjacent site or on site. ► Following floods, earthquakes, or other acts of nature. Wetland/stream consultants cannot accept responsibility for problems that may develop if they are not consulted after factors considered in their reports have changed. Therefore, it is incumbent upon you to notify your consultant of any factors that may have changed prior to submission of our final report. Wetland boundaries identified and stream classifications made by Shannon & Wilson are considered preliminary until validated by the U.S. Army Corps of Engineers (Corps) and/or the local jurisdictional agency. Validation by the regulating agency(s) provides a certification, usually written, that the wetland boundaries verified are the boundaries that will be regulated by the agency(s) until a specified date, or until the regulations are modified, and that the stream has been properly classified. Only the regulating agency(s) can provide this certification. MOST WETLAND/STREAM "FINDINGS" ARE PROFESSIONAL ESTIMATES. Site exploration identifies wetland/stream conditions at only those points where samples are taken and when they are taken, but the physical means of obtaining data preclude the determination of precise conditions. Consequently, the information obtained is intended to be sufficiently accurate for design, but is subject to interpretation. Additionally, data derived through sampling and subsequent laboratory testing are extrapolated by the consultant who then renders an opinion about overall conditions, the likely reaction to proposed construction activity, and/or appropriate design. Even under optimal circumstances, actual conditions may differ from those thought to exist because no consultant,no matter how qualified,and no exploration program, no matter how comprehensive, can reveal what is hidden by earth, rock, and time. Nothing can be done to prevent the unanticipated, but steps can be taken to help reduce their impacts. For this reason, most experienced owners retain their consultants through the construction or wetland mitigation/stream classification stage to identify variances, to conduct additional evaluations that may be needed, and to recommend solutions to problems encountered on site. Page 2 of 2 WETLAND/STREAM CONDITIONS CAN CHANGE. Since natural systems are dynamic systems affected by both natural processes and human activities, changes in wetland boundaries and stream conditions may be expected. Therefore, delineated wetland boundaries and stream classifications cannot remain valid for an indefinite period of time. The Corps typically recognizes the validity of wetland delineations for a period of five years after completion. Some city and county agencies recognize the validity of wetland delineations for a period of two years. If a period of years have passed since the wetland/stream report was completed, the owner is advised to have the consultant reexamine the wetland/stream to determine if the classification is still accurate. Construction operations at or adjacent to the site and natural events such as floods, earthquakes, or water fluctuations may also affect conditions and, thus, the continuing adequacy of the wetland/stream report. The consultant should be kept apprised of any such events and should be consulted to determine if additional evaluation is necessary. THE WETLAND/STREAM REPORT IS SUBJECT TO MISINTERPRETATION. Costly problems can occur when plans are developed based on misinterpretation of a wetland/stream report. To help avoid these problems, the consultant should be retained to work with other appropriate professionals to explain relevant wetland,stream, geological, and other findings, and to review the adequacy of plans and specifications relative to these issues. DATA FORMS SHOULD NOT BE SEPARATED FROM THE REPORT. Final data forms are developed by the consultant based on interpretation of field sheets (assembled by site personnel) and laboratory evaluation of field samples. Only final data forms customarily are included in a report. These data forms should not, under any circumstances, be drawn for inclusion in other drawings because drafters may commit errors or omissions in the transfer process. Although photographic reproduction eliminates this problem, it does nothing to reduce the possibility of misinterpreting the forms. When this occurs, delays, disputes, and unanticipated costs are frequently the result. To reduce the likelihood of data form misinterpretation, contractors, engineers, and planners should be given ready access to the complete report. Those who do not provide such access may proceed under the mistaken impression that simply disclaiming responsibility for the accuracy of information always insulates them from attendant liability Providing the best available information to contractors, engineers, and planners helps prevent costly problems and the adversarial attitudes that aggravate them to a disproportionate scale. READ RESPONSIBILITY CLAUSES CLOSELY. Because a wetland delineation/stream classification is based extensively on judgment and opinion, it is far less exact than other design disciplines This situation has resulted in wholly unwarranted claims being lodged against consultants. To help prevent this problem, consultants have developed a number of clauses for use in written transmittals. These are not exculpatory clauses designed to foist the consultant's liabilities onto someone else; rather, they are definitive clauses that identify where the consultant's responsibilities begin and end. Their use helps all parties involved recognize their individual responsibilities and take appropriate action. Some of these definitive clauses are likely to appear in your report, and you are encouraged to read them closely. Your consultant will be pleased to give full and frank answers to your questions. THERE MAY BE OTHER STEPS YOU CAN TAKE TO REDUCE RISK. Your consultant will be pleased to discuss other techniques or designs that can be employed to mitigate the risk of delays and to provide a variety of alternatives that may be beneficial to your project. Contact your consultant for further information. 4-6-98-WET-RPT.98/ARCH NE/FEE-p ec/j 1f 4/98 WETLAND SURVEY A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SEC. 15, TWP. 23N. , RNG. 5E. ,W. M. CITY OF RENTON, KING COUNTY, WASHINGTON / 1 Centerline of / X / creek 1 i ( ) ) 2 i, l 0 100 200 ALL, $ i 1 > ( -i �= , ]t I �1 \ ( 401r Scale : "A" l ) \ Wetlandi I 1 " 100 ' / � \ \ \ i \ 4,0 C/ 1\ \ '' I ‘\( \ N 1 \ ..,C)) \\ \\� /( I i \ \ S \ c \ / _ CITYpC!L•c,'VT PLAPJ`SI JG c \ \ Vertical Datum. OFRENTON \ / \ ( — 1 City of Renton . FEB 05 1929 00) \ 1 ,--) \ \\\,\ RECEIVED f \ Wetland B / 1 \ \ J �, ` 141-\ \ __.--- / ��r��,��. .�....�,......liim.....� t a Centre 30821B Pacific Hwy South, ` 7`‘ y------ ` L q �`� Federal Way, WA. 98003 z w �� .. . (253) 941-7522 = ' pointe ,o. 1 1 Surveying 1 i , ,p 22338p J� i __..,.., vN -. !/ ( L ANC DATE: JOB NO.:A . EXPIRES 12-15-1999 Dec . 22, 1998 1490 �� SCALE: 1 = 100 ' DRAWING NAVE: 1490 HABITAT TECHNOLOGIES 9,1 --012Li) WETLAND AND BUFFER RESTORATION AND ENHANCEMENT PLAN RIBERA PROPERTY, CITY OF RENTON, WASHINGTON prepared for: Northwest Retail Partners, Inc. @ Mr. Tim O'Kane 600 University Street, Suite 3012 Seattle, Washington 98101 prepared by: HABITAT TECHNOLOGIES P.O. Box 1088 Puyallup, Washington 98371-1088 '(, 253-845-5119 OA. A i9y9 ti % , February 4, 1998 <(‘Q wetlands, streams, fisheries,wildlife -- mitigation and permitting solutions voice 253-845-5119 fax 253-841-1942 TABLE OF CONTENTS INTRODUCTION 1 ONSITE WETLAND DELINEATIONS AND ASSESSMENTS 1 CITY OF RENTON WETLAND AND STREAM MANAGEMENT REGULATIONS 3 ❑ Wetland Restoration 3 U.S. ARMY CORPS OF ENGINEERS - SECTION 404 4 STATE OF WASHINGTON (HPA) 5 WETLAND AND BUFFER RESTORATION AND ENHANCEMENT PLAN 6 DESCRIPTION OF THE PRIMARY ELEMENTS 7 GOAL AND OBJECTIVES OF THE RESTORATION PLAN 10 SELECTED PLANT COMMUNITIES 10 RESTORATION INSPECTION, MONITORING, AND REPORTING 10 ❑ Inspection Will Include: 11 ❑ Monitoring Will Include: 11 ❑ Project Sequencing: 12 IDENTIFIED TASK 12 PERFORMANCE CRITERIA 12 SEEDING FOR EXPOSED AREAS 13 VEGETATION MAINTENANCE PLAN 13 REMOVAL OF INVASIVE NON-NATIVE VEGETATION 13 PLANTING NOTES 14 MONITORING FINANCIAL GUARANTEE 14 APPENDIX A 15 APPENDIX B 17 INTRODUCTION This document provides a detailed description of the "Wetland and Buffer Restoration and Enhancement Plan" formulated as a part of the overall site planning of the approximately 9.2 acre Ribera Property project site. The project site is located within a rapidly urbanizing area at the southeast quadrant of N.E. 4th Street and Union Avenue N.E., in the Renton Highlands Area of the City of Renton, King County , Washington. The project site presently contains two single-family homesites located in the north central portion of the site. The area around these homesites has been cleared, graded, and managed for several years. However, management actions within the areas around these homesites has been curtained within the last few years and the area is becoming overgrown with blackberries (Rubus spp.), Scot's broom (Cytisus scoparius), reed canarygrass (Phalaris arundinacea), and sapling red alder (Alnus rubra), as well as a wide variety of invasive herbs. The eastern portion of the site is dominated by a second-growth Douglas fir (Pseudotsuga menziesii) forest. A narrow drainage corridor enters the project site via a culvert under N.E. 4th Street and continues generally to the south within the western portion of the site, west of the single- family homesites. This narrow drainage corridor is confined onsite within an excavated ditch and has been identified as Maplewood Creek, an intermittent tributary to the Cedar River. The objective of this "Wetland and Buffer Restoration and Enhancement Plan" is to provide for the restoration and enhancement of presently degraded aquatic and terrestrial environments associated with Maplewood Creek as part of the proposed future development of the project site. This restoration and enhancement will be accomplished through the establishment of viable native plant communities, the installation of habitat features, and the creation of a protective drainage corridor that includes both wetland and upland habitats. This restoration and enhancement will not require any adverse impacts to present wetland areas regulated by the City of Renton. ONSITE WETLAND DELINEATIONS AND ASSESSMENTS As a part of the initial site planning a wetland delineation was completed during the summer of 1995 by Shannon & Wilson, Inc. (see Wetland Delineation of the Renton QFC Site Located in Renton, Washington dated September 28, 1995). This delineation was completed pursuant to the methods identified within the Corps of Engineers Wetlands Delineation Manual (1987 Manual). This assessment identified a single drainage corridor along the western property boundary. No wetlands were identified onsite during this study. 1 Ribera Property-99008 As identified within the 1995 study this drainage, which at one time had been maintained, had not been recently maintained and sediment had built up creating a blockage within the drainage approximately 100 feet south of the northern project site boundary. This study noted that the source of this sediment was most likely the result of stormwater discharge from neighboring parcels when cleared and developed. In addition, this study documented that the blockage created an area of periodic flooding which would not be present if the drainage were maintained. This area of periodic flooding included plants associated with both wetlands (i.e. reed canarygrass) and uplands (i.e. Scot's broom). This flooded area, while exhibiting seasonal ponding and wetland vegetation, did not exhibit hydric soils. Following the development of the 1995 wetland study the wetland staff met with Mr. Larry Fisher, Washington Department of Fish and Wildlife (WDFW), onsite to discuss site development concerns associated with the identified drainage. Mr. Fisher noted that this drainage would be considered a "stream" for purposes of WDFW regulation. In addition, Mr. Fisher noted that the site did not contain wetlands. During the fall of 1998, Shannon & Wilson, Inc. again completed a wetland delineation study of the project site. This second delineation was also completed pursuant to the methods identified within 1987 Manual. However, along this the regulated drainage corridor the 1998 study also identified two wetland areas onsite. Both of these wetlands were also identified as exhibiting a low function and value. The first wetland (Wetland A) was identified along the western boundary of the onsite drainage. Wetland A was generally dominated by reed canarygrass and invasive shrubs and sapling trees and was noted to exhibit periodic flooding. This area also exhibited field indicators of hydric soil which were not noted within the 1995 study within this area of periodic flooding. Based upon size, extent of past disturbance, and low function and value Wetland A was identified as meeting the City of Renton criteria for designation as a Category 3 Wetland. The second small wetland (Wetland B) identified within the 1998 study was noted along the southern edge of the project site. Wetland B was dominated by shrubs and sapling trees typically associated with wetland areas, exhibited surface water ponding, and exhibited field indicators of hydric soils. However, the field indicators of hydric soils recorded within the data sheet for Wetland B identified the soil between 0-9 inches as very dark gray (2.5Y 3/1) sandy loam with organic and at 9+ inches as dark brown (10YR 3/3) sandy loam without redoximorphic features. Wetland B was identified as isolated and less than 5,000 square feet in total size. During December 1998 and January 1999 Habitat Technologies reviewed the project site and the associated prior wetland delineations. Based upon present site conditions and the information provided within both the 1995 and 1998 Shannon & Wilson, Inc. studies it appeared that the wetland boundaries flagged onsite for both Wetland A and Wetland B accurately defined existing site conditions. The project area had been greatly disturbed by prior land use actions (i.e. onsite homesite development, offsite commercial developments, public roadways, clearing, grading, utility placements, 2 Buffer Restoration Plan-98076 drainage excavation, stormwater discharges from adjacent properties). Both of these onsite wetland areas appeared to best be identified as a "newly emerging" wetland as defined within the City of Renton wetland regulations. In addition, Wetland B was identified as less that 5,000 square feet into total size and thus not regulated by the City of Renton. Wetland A was identified as meeting the City of Renton criteria for designation as a Category 3 Wetland. The standard buffer for this type of wetland within an urban area is 25 feet. CITY OF RENTON WETLAND AND STREAM MANAGEMENT REGULATIONS The City of Renton has adopted a policy to balance community desires for economic development and affordable housing with the responsibility to retain, restore, and protect the City's remaining wetlands and streams resources. It is further identified by the City to encourage restoration of disturbed and low value wetlands, encourage site planning to protect and minimize damage to wetlands wherever possible, and to establish buffers of natural vegetation around wetlands and along stream corridor. The City further encourages land development projects with seek to improve the hydrologic and wildlife habitat functions of low value wetlands. The City has identified that any City approved wetland and/or buffer restoration or other City approved mitigation activities are allowed within wetland or wetland buffers regulated by the City (4-32-4:A.10). The City has further identified that approval of project which involve wetlands or wetland buffers must be consistent with the provisions of the City's wetland management chapter and (4-32-6:A): 1. A proposed action avoids adverse impacts to regulated wetlands or their buffers or takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; and 2. The proposed activity results in no net loss of regulated wetland area, value, or function in the drainage basin where the wetland is located. • Wetland Restoration The City of Renton may allow the applicant requesting to alter wetlands as a part of a site development action to propose restoration of existing disturbed wetlands as compensatory mitigation for such alternation and to ensure that the provisions of the City's wetland management chapter are full met. The preference is for onsite restoration wherever possible and such activities must include restoration of hydrologic, water quality, and biological functions. The applicant proposing to restore wetlands shall identify how the restoration plan conforms to the overall goals and requirements of the local wetland protection program and established regional goals of no net loss of wetlands. 3 Buffer Restoration Plan-98076 The City has identified that any wetland restoration compensation project will be in-kind, on or offsite, timed prior to proposed wetland alterations, and exhibit a high probability of success. The City has also established a restoration ratio to be used which is dependent upon the wetland category and vegetation type being altered. The identified restoration ratio for a City of Renton Category 3 Wetlands, either scrub-shrub or emergent, is 1.5 times the amount of wetland area altered. U.S. ARMY CORPS OF ENGINEERS - Section 404 Section 404 of the Clean Water Act (33 U.S.C. 1344) prohibits the discharge of dredged or fill material into "Waters of the United States" without a permit from the Corps of Engineers (Corps). The Corps has jurisdiction over freshwater systems waterward from the ordinary high water line of a water body or waterward from the upland boundary of the adjacent wetland. The definition of fill materials includes the replacement of aquatic areas with dry land, grading which changes the surface contour of a wetland, and mechanized land clearing in wetlands. For the purposes of Section 404 permitting the Corps makes the final determination as to whether an area meets the wetland definition and would be subject to regulation under the Corps program. Currently the Corps has two specific types of permits which apply to wetland fill proposals. These two types are a series of specific Nationwide Permits and the Individual Permit. The Nationwide Permit process identifies specific categories of work that can be undertaken following a set of specific conditions applicable to each Nationwide Permit number. Currently the Corps, following the Nationwide Permit #26 process and the Seattle District Corps Regional Conditions - as amended following interactions with the State of Washington - can authorize maximum fill or adverse impact to two acres of wetland defined as above the headwaters or isolated. • Nationwide Permit #26 - discharge of fill into headwaters and isolated waters of the United States. (this nationwide permit is subject to change in 1998) Specific Needs: The total amount of impact to onsite wetlands must be identified. For impacts to less than 1/3 acre: The proponent must submit a report to the Corps within 30 days following completion of activities. For impacts between 1/3 acre and 2.0 acres: The proponent must notify and obtain permission from the Corps prior to undertaking such activities. To avoid adverse impacts to water quality, fisheries resources and other aquatic life, the NWP#26 is not applicable in wetlands within 100 feet of any stream with a channel width at the ordinary high water mark greater than two feet. State 401 Certification: A 401 Certification issued by Wash. Dept. of Ecology is needed for fills affecting more than 1.0 acres, fills affecting more than 1/3 acres which do not contain a mitigation plan approved by the local jurisdiction, and for 4 Buffer Restoration Plan-98076 fills within the 100-year floodplain (unless such fill is consistent with the local floodplain management plans and ordinances). Currently the Corps, following the Nationwide Permit #14 process and the Seattle District Corps Regional Conditions - as amended following interactions with the State of Washington - can authorize fill or adverse impact within a wetland for the placement of road crossing. • Nationwide Permit #14 -fills for roads crossing waters of the United States. Specific Needs: The width of the fill must be limited to the minimum necessary for the actual crossing. In addition, the fill must be no greater than one tenth of an acres, no more than 200 linear feet, the alteration of adjacent vegetation must be held to a minimum, revegetation shall occur in impacted areas, and erosion controls must be used. The Nationwide Permit #14 can not be combined with the Nationwide Permit #18 or#26 for the purpose of increasing the footprint of the road crossing. Notification to the Corps is required. The proposed crossing cannot restrict instream flows or the low flow movement of aquatic organisms. In addition, the crossing must be consistent with the local floodplain management comprehensive plans and ordinances. The Corps requires an Individual Permit where a proposed activities within an identified jurisdictional wetland area can not be authorized under one of the Nationwide Permits. STATE OF WASHINGTON (HPA) Department of Fish and Wildlife - Hydraulic Project Approval (HPA) An HPA is required for all activities waterward of the ordinary high water mark. This would include the installation of a new stream crossing for access to the site or for City required roadway widening projects. Typically a crossing for this type of stream (i.e. intermittent and without direct fish habitat) can be completed using an oversized arch culvert. For a proposed crossing it will be important to define that this is the only reasonable location for the crossing, typically in terms of public safety and local road engineering requirements. It will also be important to show that the method of crossing and the overall impact of any fill placed waterward of the ordinary high water mark is the minimum necessary to complete the project. 5 Buffer Restoration Plan-98076 Permit Application: The HPA application is submitted directly to the Department of Fish and Wildlife, Regional Biologist. The application needs to include a detailed description of the proposed action, the associated impacts, and possible offsetting stream corridor enhancements. Many of the same enhancements that would be proposed to the local jurisdiction to offset impacts will also be noted within this application (i.e. instream woody debris, construction schedule, erosion controls). An HPA is typically required for the outlet structure of any onsite retention/detention facility. For such a proposed outlet it will be important to define that the best management practices are being followed and that there will be no adverse impact to instream water quality. WETLAND AND BUFFER RESTORATION AND ENHANCEMENT PLAN The overall site development action being proposed for the approximately 9.2 acre Ribera Property project site is the initial formation of four independent lots through the City of Renton short plat process. The formation of these independent lots will create usable areas for the economic development of commercial or multi-family facilities consistent with the City of Renton comprehensive plan along with consistency with existing land uses within the local area. To meet both the objectives of the landowner to create a viable economic development within the City of Renton and the City of Renton required site development criteria to retain, restore, and protect the City's remaining wetland and stream resources the following actions are proposed as a part of the short plat process (Attachment 1): • Establishment, restoration, and long-term protection of the presently forested upland plant community west of the identified onsite wetland/stream corridor. This forested upland area is approximately 32,500 square feet (0.75 acres) in total size and will include area both within and outside the standard 25 foot buffer along the wetland/stream corridor. • Establishment, restoration, enhancement, and long-term protection of a 25 foot protective buffer along the eastern side of the onsite wetland/stream corridor. This area is approximately 10,750 square feet (0.25 acres) in total size and presently dominated by invasive grasses and shrubs. • Alteration of approximately 6,600 square feet (0.15 acres) of existing low value, newly emerged wetland through restoration and enhancement of the plant communities and habitat features (i.e. snags and fallen trees). Following restoration and enhancement actions this area will provide a protective buffer for the wetland/stream corridor and be a functional part of 6 Buffer Restoration Plan-98076 the established wetland/stream corridor which will be identified for long-term protection. • Restoration of approximately 13,200 square feet (0.30 acres) of existing low value, newly emerged wetland though the installation of native trees and shrubs, and placement of habitat features (i.e. snags and fallen trees). The proposed ratio of restored wetland area to altered wetland area is 2.0 to 1.0. This ratio is greater than the standard City of Renton 1.5 to 1.0 ratio. • The placement of approximately 120 linear feet of existing roadside ditch along N.E. 4th Street into a culvert. This action is expected to be required by the City for improvements to N.E. 4th Street either associated with this short- plat or future City roadway improvements. This action will result in approximately 360 square feet (0.0082 acres) of Maplewood Creek and allows the opportunity to coordinate proposed onsite actions with potential roadway improvements. • Restoration and enhancement of the existing ditched drainage at the northern portion of the project site. This area is presently dominated by invasive shrubs and will be regarded and replanted with native trees and shrubs. As a result of this wetland and buffer restoration and enhancement plan there will be no net loss of regulated wetland area. More importantly, presently degraded wetland and drainage corridor resources will be restored, enhanced, and protected to provide greater wetland function and value and greater wildlife habitats than present exist onsite or would develop within the short-term. Additional plan elements include the placement of a protective fence along the outer edge of the established buffer, the placement of buffer signs, the future establishment of water quality facilities adjacent to the outer boundary of the buffer to provide enhanced hydrologic support, and a three-year monitoring program to ensure that the plant community develops as proposed. To achieve the goal of full compensation for the proposed alteration of 6,600 square feet of existing low value, newly emergent wetland into protective buffer and the potential City of Renton requirement to place of a culvert within an existing roadside ditch along N.E. 4th Street following primary elements will be undertaken to restore, enhance, and establish a viable wetland/stream corridor onsite. DESCRIPTION OF THE PRIMARY ELEMENTS 1. The plant community within approximately 6,600 square feet of existing low value, newly emerged wetland area east of the identified drainage (stream) will be restored and enhanced through the installation of a wide diversity of native trees and shrubs. This area was not identified as wetland in the 1995 study and subsequent review by WDFW but was identified as wetland in the 1998 study. This area has been modified by past land use actions and is presently dominated by reed canarygrass and a scattering of invasive shrubs (i.e. blackberries, Scot's broom). 7 Buffer Restoration Plan -98076 Habitat features such as snags and logs will also be added to this area to provide wildlife habitat diversity. This action will create a functional protective buffer between the wetland/stream corridor and future site development, as well as an area more aesthetically pleasing with more educational/recreational value than present conditions. The existing wetland area altered to created this protective buffer will be compensated for as required by the City of Renton wetland management chapter as defined below in item #2. However, as a result of this actions there will be no loss of wetland area through fill or grading. 2. As compensation for the proposed alterations of approximately 6,600 square feet of existing low value, newly emerged wetland area east of the identified drainage (stream) the plant community within approximately 13,200 square feet of existing low value, newly emerged wetland area between the drainage (stream) and the established protective buffer area will be restored and enhanced through the installation of a wide diversity of native trees and shrubs. This area has been altered by past land use actions and is presently dominated by reed canarygrass and a scattering of shrubs (i.e. blackberries, Scot's broom, willows, Douglas spiraea, sapling black cottonwood). The proposed ratio of restored wetland area to altered wetland area is 2.0 to 1.0. This restoration ratio is greater than the standard City of Renton 1.5 to 1 .0 ratio. Habitat features such as snags and logs will also be added to this area to provide wildlife habitat diversity. This action will create a more functional wetland/stream corridor, as well as an area more aesthetically pleasing with more educational/recreational value than present conditions. 3. The wetland and associated upland area west of the drainage (stream) channel will be preserved and will not be altered this restoration and enhancement plan. The wetland within this area is presently dominated by sapling and young deciduous trees (i.e. red alder, black cottonwood, Pacific willow). The upland area is presently dominated by mature second growth Douglas fir trees and a mixed understory. The outer boundary of this area will be marked with buffer identification signs and potentially fenced to limit further intrusions and unauthorized dumping of garbage. In addition, the restoration and enhancement plan will remove the existing garbage which has either been dumped onsite or wind blown into the project area for adjacent properties. 4. The existing 25 foot buffer area along the eastern side of the wetland/stream corridor which is not a part of the area noted in #1 above will be restored and enhanced through the installation of a wide diversity of native trees and shrubs. This area was not identified as wetland in either the 1995 study or 1998 study. This area has been 8 Buffer Restoration Plan-98076 modified by past land use actions and is presently dominated by reed canarygrass and a scattering of invasive shrubs (i.e. blackberries, Scot's broom). Habitat features such as snags and logs will also be added to this area to provide wildlife habitat diversity. This action will create a functional protective buffer between the wetland/stream corridor and future site development, as well as an area more aesthetically pleasing with more educational/recreational value than present conditions. 5. The existing ditch corridor directly south of N.E. 4th Street will be modified through selective excavation to increase the amount of area within the drainage channel and to reslope the adjacent uplands. Following this selective excavation of existing uplands and the resloping of the adjacent uplands the area will be restored and enhanced through the installation of a wide diversity of native trees and shrubs. This area was not identified as wetland in either the 1995 study or 1998 study. This area has been modified by past land use actions and is presently dominated by blackberries and Scot's broom. Habitat features such as snags and logs will also be added to this area to provide wildlife habitat diversity. This action will create a functional protective buffer between the wetland/stream corridor and future site development, as well as an area more aesthetically pleasing with more educational/recreational value than present conditions. The restoration and enhancement of this area will be completed to address the potential that the existing ditch channel along N.E. 4th Street will be required by the City of Renton to be placed within a culvert as a part of the upgrading of N.E. 4th Street. 6. Temporary and long-term erosion control measures will be implemented. These measures include silt fencing at the restored edge of the wetland buffer prior to any additional onsite actions. In addition, all exposed areas will be seeded immediately. 7. The outer boundary of the buffer will be marked to limit intrusion into the wetland and buffer area. 8. All restoration activities will be monitored by the project biologist. Following the completion of onsite planting activities a "record-drawing" plan and a series of photos documenting onsite activities will be prepared and submitted to the City of Renton which defines the actions taken and project completion dates. 9. The project proponent will undertake a three-year monitoring program to assure the success of the buffer restoration plan. This monitoring program will include photo documentation of the restored area and an associated report to be provided to the City of Renton at the end of each monitoring period. 9 Buffer Restoration Plan-98076 GOAL AND OBJECTIVES OF THE RESTORATION PLAN The GOAL of the wetland and buffer restoration and enhancement plan is to ensure that the proposed alteration of approximately 6,600 square feet (0.15 acres) of existing low value, newly emerged City of Renton Category 3 Wetland does not create a long- term adverse impact to the wetland or the associated buffer. This plan is intended to meet both the objectives of the landowner to create a viable economic development within the City of Renton and the City of Renton required site development criteria to retain, restore, and protect the City's remaining wetland and stream resources. To achieve this GOAL, the following OBJECTIVE is defined: • Plant Community Restoration and Enhancement The presently low value, newly emerged wetland and associated upland buffer areas will be planted with a mixture of native trees and shrubs. SELECTED PLANT COMMUNITIES The plant communities selected for the restored wetland and buffer areas will be obtained as nursery stock from a local nursery (i.e. Sound Native Plants). These selected species (Appendix A) are native and commonly occur in the local area. The plant species prescribed are selected to increase plant diversity, match prior onsite communities, increase wildlife habitats, and enhance the aquatic environment (Appendix B). RESTORATION INSPECTION, MONITORING, AND REPORTING Essential to the success of the restoration and enhancement plan is the accurate inspection of onsite activities immediately prior to and during the planting phase. These activities include onsite inspection and technical direction during planting activities, and post-planting site inspection and evaluation. The pre-construction site inspection allows the project proponent and the project biologist to evaluate and, if necessary, adjust the onsite restoration steps. These steps include project sequencing and timing, and the establishment of environmental protections required during onsite activities. Interaction with City of Renton staff is also an essential element during pre-construction site inspections and discussions. The project biologist shall also be responsible for assuring that the species and sizes of native plants selected and noted within the planting plan are utilized during planting. If selected native species become unavailable, the biologist will consult with City of Renton staff for substitute plant species to assure that the intent of the buffer establishment plan is met. Post-construction site inspection/ evaluation will include the 10 Buffer Restoration Plan-98076 preparation of a "record-drawings" and photo documentation that will be submitted to City of Renton staff. • Inspection Will Include: 1. Upon the completion of the restoration and enhancement planting the project biologist will count the number of plants that were planted within the restored areas. Plants will be identified to species and observations of general plant condition (i.e., plant health, amount of new growth) are to be recorded for each plant. 2. The project biologist will take photographs that show the entire area. These photos will show plant growth, plant species, and plant coverage. 3. Upon the completion of the initial project planting the project biologist will prepare a report defining methods, observations, and results along with the date the observations were completed. This report will be sent to City of Renton environmental staff. 4. The inspection schedule is defined as: At the completion of initial project planting: This inspection and accompanying report will include a "record drawing" defining the species used, locations, and general site conditions. This report will also include a "lessons learned" section. This "record drawing," photo documentation, and report will be provided to City of Renton within two weeks after the completion of onsite planting. • Monitoring Will Include: 1. Upon the completion of the restoration and enhancement planting the project biologist will undertake a three-year monitoring program. Observed plants will be identified to species and observations of general plant condition (i.e., plant health, amount of new growth) will be recorded for each plant. In addition, the project biologist will record the growth of volunteer trees and shrubs within the replanted areas. 2. The project biologist will take photographs that show the entire area. These photos will show plant growth, plant species, and plant coverage. 3. Upon the completion of each monitoring the project biologist will prepare a letter report that notes onsite observations. This letter report will include the photo documentation of the site. This letter report will be sent to City of Renton environmental staff. 11 Buffer Restoration Plan-98076 4. The monitoring schedule is defined as: On or about the third week of May for three consecutive years following initial restoration planting. The accompanying letter report will be provided City of Renton by June 5th of each monitoring year. • Project Sequencing: IDENTIFIED TASK TO BE COMPLETED BY Installation of protective silt fencing and identification of April 15, 1999 existing vegetation to be protected during onsite actions Excavation and existing uplands and creation of new April 30, 1999 stream channel directly south of N.E. 4th Street Planting of trees, shrubs, and seeding of all exposed April 30, 1999 areas Installation of protective buffer signs and fencing April 30, 1999 Removal of all garbage and trash from established April 30, 1999 wetland/stream corridor area Post planting inspection and first growing season spring May 15, 1999 plant inspection Post planting record survey report and first growing June 15, 1999 season monitoring report to City of Renton First growing season fall plant inspection Sept. 15, 1999 First growing season report to City of Renton Oct. 1, 1999 Second growing season spring plant inspection April 15, 2000 Second growing season report to City of Renton June 5, 2000 Second growing season fall plant inspection Sept. 15, 2000 Second growing season report to City of Renton Oct. 1, 2000 Third growing season spring plant inspection April 15, 2001 Third growing season report to City of Renton June 5, 2001 Third growing season fall plant inspection Sept. 15, 2001 Third growing season report to City of Renton Oct. 1, 2001 PERFORMANCE CRITERIA The restoration and enhancement plan will be required to meet the following criteria as determined by the annual monitoring: • At the end of the first full year following planting (to be completed by Sept. 15, 1999) 100% of the installed trees and shrubs will exhibit growth. In addition, the plant community (installed and volunteer trees and shrubs combined) will exceed 25% aerial coverage. • At the end of the third full year following planting (to be completed by Sept. 15, 2001) 80% of the installed trees and shrubs will exhibit growth. In addition, the plant community (installed and volunteer trees and shrubs combined) will exceed 50% aerial coverage. 12 Buffer Restoration Plan-98076 Should the restoration and enhancement program not meet the 100% survival and 25% aerial coverage criteria as identified by the Sept. 15, 1999 monitoring the project proponent will replant those plants that did not survive. Should the restoration program not meet the 80% survival and 50% aerial coverage criteria as identified by the Sept. 15, 2001 monitoring the project proponent will meet with the City of Renton environmental staff and provide a plan to replant the area with the appropriate number of species of plants to meet the 80% criteria. SEEDING FOR EXPOSED AREAS Seeding for all exposed surfaces within the restored and enhanced wetland and buffer areas will be completed immediately following the completion of onsite grading. The seed mixture to be used (a mixture of wildflowers or low growing grasses acceptable to City of Renton environmental staff) will be identified prior to application to ensure quick coverage to reduce the potential for soil erosion and to reduce the potential for harm to installed or volunteer plants. VEGETATION MAINTENANCE PLAN Maintenance of the established wetland and buffer complex plant communities may be required to ensure the long-term health and welfare of the onsite environmental functions. Such maintenance would be identified and undertaken only following discussions and coordination with City of Renton staff. The overall objective is to establish undisturbed plant communities that do not require maintenance. Activities may include, but are not limited to, the removal of invasive non-native vegetation and the irrigation of selected areas. Established maintenance activities include the removal of any trash within the project area. REMOVAL OF INVASIVE NON-NATIVE VEGETATION As a contingency, should the removal of invasive non-native vegetation become necessary, the project proponent will contact the City of Renton to establish and define specific actions to be taken. Resultant contingency plan activities will be implemented when the ongoing vegetation maintenance and operations indicates that plants listed in the Washington State Noxious Weed List are becoming dominant (greater than 10% aerial coverage) within the plant community. 13 Buffer Restoration Plan-98076 PLANTING NOTES All plant materials shall be native to the southern Puget Sound Region. The project biologist shall inspect plant materials to assure the appropriate plant schedule and plant characteristics are met. Plant installation will follow the notes provided in Appendix B. MONITORING FINANCIAL GUARANTEE A financial guarantee will be provided and held by City of Renton for the monitoring and reporting elements of this restoration and enhancement plan. Since the actual restoration and enhancement activities will be completed prior to the development of any of the proposed lots to be created through the short-plat process a construction guarantee is not presently proposed. All construction related activities associated with the restoration and enhancement plan are to be completed prior to development of these lots. This monitoring guarantee will be equal to 125% of the estimated costs for identified activities. This guarantee will be deemed to be released by City of Renton upon meeting the established criteria and acceptance by City of Renton of the reporting documents. IDENTIFIED TASK ESTIMATED COST Post planting as-built report to City of Renton $ 780.00 (8 hrs. biologist, copies, and photos) First growing season plant inspection and report 1,120.00 (12 hrs. biologist, copies, and photos) Second growing season plant inspections and reports 1,120.00 (10 hrs. biologist, copies, and photos) Third growing season plant inspections and reports 1,120.00 (10 hrs. biologist, copies, and photos) Sub-total 4,140.00 Required 25% contingency 1,035.00 TOTAL ESTIMATED MONITORING COSTS $ 5,175.00 14 Buffer Restoration Plan-98076 APPENDIX A Selected Plants for Restoration and Enhancement 15 Buffer Restoration Plan -98076 NUMBER PLANT ID COMMON NAME PROPOSED SIZE INDICATOR SCIENTIFIC NAME STATUS 21 THP Western red cedar 5-6 ft FAC Thuja plicata 11 PIS Sitka spruce 5 - 6 ft FAC Picea sitchensis 3 TSH Western hemlock 5 - 6 ft FACU Tsuga heterophylla 31 PSM Douglas fir 5 - 6 ft FACU Pseudotsuga menziesii 6 ACM Big leaf maple 4 - 6 ft FACU Acer macrophyllum 12 FRL Oregon ash 4 - 6 ft FACW Fraxinus latifolia 44 POT Quaking aspen 4 - 6 ft FAC+ Populus tremuloides 55 SAL Pacific willow 4 - 6 ft FACW Salix lasiandra 13 BEC Water birch 4 - 6 ft FACW Betula occidentalis 5 PRV Common chokecherry 4 - 6 ft FACU Prunus virginiana 49 PYF Western crabapple 4 - 6 ft FACW Pyrus fusca 18 CRD Western hawthorne 4 - 6 ft FAC Crataegus douglasii 39 ACC Vine maple 2 gal FAC- Acer circinatum 166 RON Nootka rose 2 gal FAC Rosa nutkana 35 ROG Wild rose 2 gal FACU Rosa gymnocarpa 54 COC Hazelnut 2 gal FACU Corylus cornuta 22 LOI Black twinberry 2 gal FAC+ Lonicera involucrata 60 PHC Pacific ninebark 2 gal FACW- Physocarpus capitatus 192 COS Red osier dogwood 2 gal FACW Cornus stolonifera 218 SAS Sitka willow 2 gal FACW Salix sitchensis 16 RUS Salmonberry 2 gal FAC+ Rubus spectabilis 29 RIS Flowering current 2 gal UPL Ribes sanguineum 136 SYA Snowberry 2 gal - Symphoricarpus albus 16 Buffer Restoration Plan-98076 SEEDING MIXTURES Wetland Area Soil Moisture Conditions Common name-1 Scientific name Percent by weight Redtop Agrostis alba 50% water foxtail Alopecurus geniculatus 50% apply at the rate of 120 pounds per acre Upland Buffer Area Soil Moisture Conditions Common name scientific naMT----1 Percent by weight colonial bentgrass Agrostis tenuis 50% Perennial ryegrass Lolium perenne 30% white clover Trifolium repens 20% apply at the rate of 120 pounds per acre APPENDIX B Beneficial Uses of Plants and Planting Notes 17 Buffer Restoration Plan -98076 BENEFICIAL USES OF PLANTS USED IN WETLAND AND BUFFER RESTORATION AND ENHANCEMENT ACTIVITIES TREE STRATA BOTANICAL NAME INDICATOR PLANTING BENEFICIAL USES SCIENTIFIC NAME STATUS LOCATION Douglas fir FACU buffer Provides escape/refuge cover, nesting locations, and food for wildlife. Excellent insect habitat which Pseudotsuga menziesii are prey for wildlife. Important structural habitat component, alive or as a snag. Western red cedar FAC wetland and Provides escape/refuge cover, nesting locations, and food for wildlife. Habitat for insects which are Thuja plicata buffer prey for wildlife. Important structural habitat component, alive or as a snag. Good along riparian areas. Good soil stability value. Western hemlock FACU buffer Provides escape/refuge cover, nesting locations, and food for wildlife. Also habitat for insects which Tsuga heterophylla are prey for wildlife. Important structural habitat component, alive or as a snag. Good along riparian areas. Sitka spruce FAC wetland and Provides escape/refuge cover, nesting locations, and food for wildlife. Seed cones drop in fall. Also Picea sitchensis buffer habitat for insects which are prey for wildlife. Important structural habitat component, alive or as a snag. Good soil stability value. big leaf maple FACU buffer Important structural habitat component, alive or as a snag. Stumps produce dense mass of sprout Acer macrophyllum stems. Seed eaten by many wildlife species. Provides escape/refuge cover, nesting locations, and insect habitat. Good soil stability value. Oregon ash FACW wetland and Female trees produce seeds that are eaten by many species of wildlife. Provides escape/refuge Fraxinus latifolia buffer edge cover, nesting locations, and insect habitat. Western paper birch FAC wetland edge Hardy, fast growing. Seeds especially valued by goldfinches, siskins, and juncos. Provides Betula papyrivera escape/refuge cover, nesting locations, and insect habitat. cascara FAC- buffer edge Good soil-binding characteristics and grows well in disturbed sites. Provides escape/refuge cover, Rhamnus purshiana nesting locations, and excellent insect habitat. Fruit eaten by wildlife. bitter cherry FACU buffer Provides escape/refuge cover, nesting locations, and insect habitat. Fruit eaten by wildlife. Good Prunus emarginata soil stability value. Western crabapple FACW wetland and Provides escape/refuge cover, nesting locations, and insect habitat. Fruit eaten by wildlife. Good Pyrus fusca buffer edge soil stability value. black hawthorne FAC wetland and Dense crown provides escape/refuge cover, nesting locations, and insect habitat. Fruit eaten by Crataegus douglasii buffer edge wildlife. Good soil stability value. Pacific willow FACW+ wetland and Excellent soil-binding characteristics and very effective erosion control. Provides escape/refuge Salix lasiandra buffer edge cover, nesting locations, and excellent insect habitat. Does not produce seed or fruit for use by wildlife. SHRUB AND GROUND COVER STRATA BOTANICAL NAME INDICATOR PLANTING BENEFICIAL USES SCIENTIFIC NAME STATUS LOCATION Sitka willow FACW wetland and Fast growing. Excellent soil-binding characteristics and very effective erosion control. Provides Salix sitchensis buffer edge escape/refuge cover, nesting locations, and excellent insect habitat. Does not produce seed or fruit for use by wildlife. Scouler willow FAC wetland and Fast growing. Excellent soil-binding characteristics and very effective erosion control. Provides Salix scouleriana buffer edge escape/refuge cover, nesting locations, and excellent insect habitat. Does not produce seed or fruit for use by wildlife. red-osier dogwood FACW wetland and Excellent soil-binding characteristics. Attractive multi-stem shrub with or without stems. Excellent Corn us stolonifera buffer edge escape/refuge cover, nesting locations, and insect habitat. White fruit eaten by wildlife. salmonberry FAC+ wetland and Good soil-binding characteristics. Well adapted to disturbed areas. Fruit has high food value for Rubus spectabilis buffer edge wildlife. Nootka rose FAC wetland and Excellent soil-binding characteristics. Well adapted to disturbed areas. Fruit has high food value Rosa nutkana buffer edge and are persistent well into winter. peafruit rose FAC wetland and Excellent soil-binding characteristics. Well adapted to disturbed areas. Fruit has high food value Rosa pisocarpa buffer edge and are persistent well into winter. wild rose FACU buffer and Excellent soil-binding characteristics. Well adapted to disturbed areas. Fruit has high food value Rosa gymnocarpa buffer edge and are persistent well into winter. Pacific ninebark FACW- wetland and Excellent soil-binding characteristics. Flowers are attractive to hummingbirds. Provides escape and Physocarpus capitatus buffer edge refuge cover, nesting locations, and insect habitat. vine maple FAC- buffer edge Excellent soil-binding characteristics. Multi-stem shrub. Excellent escape/refuge cover, nesting Acer circinatum locations, and insect habitat. Winged fruit eaten by wildlife. salal FACU buffer Good soil-binding characteristics and tolerant to poor soils. Produces edible berries used by some Gaultheria shallon wildlife. Provides excellent ground cover for wildlife escape and refuge. Oregon grape UPL buffer Good soil-binding characteristics. Produces edible berries used by some wildlife. Provides excellent Berberis nervosa ground cover for wildlife escape and refuge. snowberry FACU buffer Excellent soil-binding characteristics. Produces edible berries used by wildlife. Provides escape and Symphoricarpus albus refuge cover, nesting locations, and insect habitat. black twinberry FAC+ buffer Good soil-binding characteristics. Produces edible fruit. Flowers are attractive to hummingbirds. Lonicera involucrata Provides escape and refuge cover, nesting locations, and insect habitat. Pacific red elderberry FACU buffer Good soil-binding characteristics. Produces edible fruit. Flowers are attractive to hummingbirds. Sambucus racemosa Provides escape and refuge cover, nesting locations, and insect habitat. prickly current • FAC+ wetland and Produces edible fruit. Flowers are attractive to hummingbirds. Provides escape and refuge cover, Ribes lacustre buffer edge and insect habitat. BOTANICAL NAME INDICATOR PLANTING BENEFICIAL USES SCIENTIFIC NAME STATUS LOCATION gooseberry FAC wetland and Produces edible fruit. Flowers are attractive to hummingbirds. Provides escape and refuge cover, Ribes divaricatum buffer edge and insect habitat. flowering current UPL buffer Produces edible fruit. Flowers are attractive to hummingbirds. Provides escape and refuge cover, Ribes sanguineum and insect habitat. hazelnut FACU buffer Excellent soil-binding characteristics. Multi-stem shrub. Excellent escape/refuge cover, nesting Corylus cornuta locations, and insect habitat. Nuts eaten by wildlife. Important small mammal winter stored food. kinnikinnick FACU- buffer Good soil-binding characteristics. Produces abundant, edible berries used by some wildlife. Arctostaphylos uva-ursi Provides excellent ground cover for wildlife escape and refuge. thimbleberry FAC- buffer Produces edible fruit. Flowers are attractive to hummingbirds. Provides escape and refuge cover, Rubus parviflorus and insect habitat. evergreen huckleberry UPL buffer Good soil-binding characteristics and tolerant to poor soils. Produces edible berries used by some Vaccinium ovatum wildlife. Provides excellent ground cover for wildlife escape and refuge. oceanspray - buffer Good soil-binding characteristics and does well on disturbed sites. Multi-stem shrub. Excellent Holodiscus discolor escape/refuge cover, nesting locations, and insect habitat. Seeds persist through the winter and are eaten by wildlife. slough sedge OBL wetland Good soil-binding characteristics and does well in disturbed sites. Seeds persist through the winter Carex obnupta and are eaten by wildlife. small fruited bulrush OBL wetland Good soil-binding characteristics. Seeds eaten by wildlife. Scirpus microcarpus common cattail OBL wetland Good soil-binding characteristics and does well in disturbed sites. Stems and seeds are eaten by Typha latifolia wildlife. Provides escape and refuge cover, nesting sites, and insect habitat. 40"' . . • • , •• TYPICAL SHRUB OR GROUND COVER NOT TO SCALE notes 1. Soil/root mass (rootball) should be broken-up slightly to free constricted roots prior to planting. Container or burlap should be removed unless root penetration is extreme. 2. Replacement soils should be native materials unless the native soil lacks organic materials. Soil augmentation with 50% organic materials should be added to mineral soils. Do not over-compact soils. 3. Excavated area should be approximately twice the size of the root mass or the container. 4. Plants should be placed in an upright position with the root collar at the ground level. 5. Soil should be saturated at time of planting. Supplemental irrigation may be required. • 1144 A'' I � 1 r 1 • /2\k ; r TYPICAL DECIDUOUS/EVERGREEN TREE NOT TO SCALE notes 1. Soil/root mass (rootball) should be broken-up slightly to free constricted roots prior to planting. Container or burlap should be removed unless root penetration is extreme. 2. Replacement soils should be native materials unless the native soil lacks organic materials. Soil augmentation with 50% organic materials should be added to mineral soils. Do not over-compact soils. 3. Excavated area should be approximately twice the size of the root mass or the container. 4. Plants should be placed in an upright position with the root collar at the ground level. 5. Soil should be saturated at time of planting. Supplemental irrigation may be required. 6. Tree should be held in place with two or three 2"x2" wooden stakes and secured with #14 gauge steel wire. A vinyl collar or equivalent protective material must be used at the wire's contact with the tree. Collar should be placed at approximately 1/2 the tree's height.