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HomeMy WebLinkAboutLUA99-066 WHISPERING PINE LANE LLtND9TDo881FP SHEET 1 OF 3 A PORTION OF THE NE 1/4 OF SEC. 5, TWP. 23 N., RGE. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON CITY OF RENTON APPROVALS LEGAL DESCRIPTION CITY OF RENTON PLANNING/BUILDING/PUBUC WORKS DEPARTMENT THAT PORTION OF TRACTS 255,256,257,275,276 MID 277 OF CD.HILLMAN'S STATE OF WASHINGTON ) EXAMINED AND APPROVED THIS_DAY OF 19— LAKE WASHINGTON GARDEN OF EDEN DIVISION NO.4,ACCORDING TO PUT RECORDED IN VOLUME • )IN 11 OF PLATS AT PAGE 82.KING COUNTY.WASHINGTON,DESCRIBED AS FOLLOWS: COUNTY OF rf�+/Y�_t ) ADMINISTRATOR BEGINNING AT THE NORTHWEST CORNER OF TRACT 277;THENCE S89'43'59'E 114.44 FEET RANG THE NORTH UNE OF SAID TRACT TC THE TRUE POINT OF BEGINNING;THENCE CONTINUING I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THATUKIIIR 4 SIGNED THIS 589'43'59.E 517.18 FEET;THENCE 500'34'08'W 221.97 FEET TO A POINT ON THE SOUTH UNE OF SIRJI(__UMENT.ON OA STATED THAT HE WAS AUTHORIZED TO EXECUT NE IT 0 ET AS FREE AND CITY OF RENTON OTY COUNCIL SAID TRACT 255;THENCE S8959'33'W 517.82 FEET ALONG THE SOUTHERLY UNE OF TRACTS 255 r2��� AND 275: THENCE N0033'45'E 80.05 FEET;THENCE N8952'13'W 94.15 FEET TO THE BEGINNING OF VOLUNTARY ACT OF SU CORPORATION FOR THE-(USES AND pUi1POOES MENTIONED IN THE INSTRUMENT. EXAMINED AND APPROVED THIS_DAY OF- _ 19� A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET;THENCE ALONG SAID CURVE THROUGH A ��qq ��/�F�O�/�.• CENTRAL ANGLE OF 8974'02'.HAVING AN ARC LENGTH OF 31.26 FEET TO A POINT ON THE EAST DATED: IIM�-4N.7 1999 MAYOR UNE OF JVIES AVENUE:THENCE NO0'33'4SE 90.00 FEET ALONG SAID UNE:THENCE ON A CURVE , ,"C•, U„74� TO THE LEFT HAVING A RADIUS OF 20 FEET AND FROM A TANGENT BEARING 500.33'45'W THROUGH *LW /� 'A I�.` o•�* •IfR' A CENTRAL ANGLE OF 9025'58'HAVING AN ARC LENGTH O 31.57 FEET;THENCE SDI52'13 E 94.29 l AKMAW •51 �pON .[.}FEET:THENCE NOO'33'45'E 94.40 FEET TO THE TRUE POINT OF BEONNING: yam;,r•►'CT •a= OTYOF REN70N RY PUBLIC IN AND FOR THE i S N �RY�, , (ALSO KNOW AS PARCEL 3 OF CITY OF RENTON LOT LINE ADJUSTMENT NO.010-86,RECORDED STATE OF WASHINGTON = EXAMINED AND APPROVED THIS_DAY a 19� ' • UNDER RECORDING NO.8609229011). MY COMMISSION EXPIRES ,o: — • 6 2 L�', N'.Au6 ...47.1 On DEDICATION / CERTIFICATION 'o,dA'N,Agi r n CLERK • KNOW ALL PEOPLE BY THESE PRESENTS THAT WE THE UNDERSIGNED OWNERS IN FEE SIMPLE OF TIE EASEMENTS AND RESTRICTIONS LAND HEREBY PUTTED,HEREBY DECLARE THIS PLAT AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES SHOWN HEREON AND THE USE THEREOF FOR ALL PUBLIC HIGHWAY PURPOSES:ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON 1.MI EASEMENT IS HEREBY RESERVED,GRANTED,AND CONVEYED TO THE CITY OF RENTON, THE LOTS MID BLOCKS SHOWN ON THIS PUT IN THE ORIGINAL REASONABLE GRADING OF THE PUGET SOUND ENERGY,U.S WEST,TO CABLE TELEVISION.AND NOR RESPECTIVE SUCCESSORS CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE STREETS AND AVENUES SHOWN HEREON.AND FURTHER DEDICATE 10 THE USE OF THE PUBLIC,AL AND ASSIGNS,UNDER AND UPON THE EXTERIOR 10 FEET,OF ALL LOTS AND TRACTS.PARALLEL THE EASEMENTS SHOWN ON THIS PLAT FOR ALL PUBUC PURPOSES AS INDICATED THEREON, WITH AND ADJOINING EXISTING OR PROPOSED ACCESS RIGHT OF WAY IN WHICH TO INSTALL,LAY. I HEREBY CERTIFY THAT THERE ARE NO DEUNOUENT SPECIAL ASSESSMENTS AND INCLUDING BUT NOT UNITED TO UTIUTES ANO DRAINAGE. CONSTRUCT,RENEW,OPERATE AND MAINTAIN UNDERGROUND DISTRIBUTOR SYSTEMS WITH THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THE OTY TREASURER FOR NECESSARY FAOUTIES,SIDEWALKS,AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS COLLECTION ON ANY PROPERTY HERON CONTAINED DEDICATED FOR STREETS, AN UNDIVIDED IN IutEST IN TRACT 100 IS HEREBY GRANTED AND CONVEYED TO THE WHISPERING PINE SUBDIVISION.AND OTHER PROPERTY,WITH UTIUTY SERVICES AND SIDEWALKS,TOGETHER WITH THE ALLEYS OR OTHER PUBLIC USES ARE PAID IN FULL LANE HOMEOWNERS ASSOCIATION FOR WETLANDS AND STORM DETENTION.THE WHISPERING PINE LANE RIGHT TO ENTER UPON THE LOIS AT ALL TMES FOR THE PURPOSES HEREIN TOGETHER STATED. HOMEOWNERS ASSOOATON IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE WETLANDS AND NO UNES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT.OR FOR TELEPHONE USE, ALL PRIVATE FADUTES WITHIN SAID TRACT. CABLE TELEVISION,PRE OR POUCE SIGNALS,OR FOR OTHER PURPOSES.SHALL BE PLACED UPON THIS DAY OF 19— ANY LOT UNLESS THE SAYE SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING. KNOW ALL PEOPLE BY THESE PRESENTS,THAT WE THE HEREIN BELOW SIGNED OWNERS IN FEESIMPLE OF 71gy5 OF p HOMEOWNERS'E LAND ASSOCIAT ON IN EBY SUBDIVIDED, O ACCORDANCE EBWIEBTH CERTIFY THAT VE HAVE WASHINGTON STATE LAW WHICHIIDENTIFIES EACH COVENANTS AS RECORDED SHED A 2.THIS PLAT IS SUBJECT TO UNDER RECOS AND RDING NG NO./9770G S�00/ /�RESTRICTIVE FINANCE DIRECTOR LOT OF TARS PLAT AS A MEMBER OF SAID HOMEOWNERS'ASSOCIATION. 3. THE PRIVATE SEWER EASEMENT SHOWN ACROSS LOT 5 IS TO THE BENEFIT OF LOT 6. THE IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS OWNER OF SAID LOT IS RESPONSIBLE FOR THE MAINTENANCE OF THE SEWER FAOU WITHIN IES r SAID EASEMENT. ..- WASHINGTON FEDERAL SAVINGS 4. THE NAIVE GROWTH PROTECTION AREA(NGPA)ON THIS PLAT IS IDENTIFIED AS TRACT 100 SEATTE/XING COU` AND INCLUDES THE STEEP SLOPES WETLANDS AND BUFFER AREA THE CREATION OFF THE EXAMINED AND APPROVED THIS 19— �// NATIVE GROWN PROTECT EASEMENT(HOPE)CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST By. NORTHWARD HONES INC. �/7E�• OR IN THE LAND WIAREA.THIN THE EASEMENT THIS INTEREST SHALL BE FOR THE PURPOSE OF A WASHINGTON COR ATIOIJ B)< PRESERVING NATIVE VEGETATION FOR THE CONTROL OF SURFACE WATER AND EROSION, Sp `/k` L MAINTENANCE OF SLOPE STABILITY•VISUAL AND AURAL BUFFERING.AND PROTECTION OF PLANT I /:e �.S(1LI►I AND ANIMAL HABITAT. THE NAIVE GROWTH PROTECTION EASEMENT IMPOSES UPON Al PRESENT .s... .. /Lj,J AND FUTURE OWNERS AND OCCUPIERS OF THE EASEMENT AREA,ENFORCEABLE ON BEHALF OF ��/1 J THE PUBUC BY THE CITY OF RENTON,TO LEAVE UNDISTURBED ALL TREES AND OTHER By.R,�AMrJ .�� B 'NAN /�NNETi VEGETATION WITHIN TIE EASEMENT AREA. TIE VEGETATION WITHIN THE NAPE HAY NOT BE CUT, 6y Y (((/// PRUNED.COVERED BY ALL.REMOVED OR DAMAGED WITHOUT EXPRESS WRITTEN PERMISSION FROM It.:�,4LE,dtY f. THE CITY OF RENTON.PROVIDED HOWEVER.THAT THE OWNER OF UNDERLYING PROPERTY MAY KING COUNTY FINANCE DIVISION CERTIFICATE INSTALL LANDSCAPING AND MAY ALSO MAINTAIN STORM DRAINAGE FAOUTIES. THE RIGHT OF ENTRY GRANTED HEREIN SHALL APPLY TO THE AGENTS,REPRESENTATIVES AND EMPLOYEES OF I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID,THAT THERE ARE NO ACKNOWLEDGMENTS THE HOMEOWNER'S ASSOCIATION OR SUBSEQUENT OWNER OF THE UNDERLYING PROPERTY. DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND,THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION STATE OF WASHINGTON I AQUIFER PROTECTION NOTICE FaN ANY OR OTHER PUBLIPROPEBMC USE HEREIN PAIDINCON FUT LINED.DEDICATED AS SINetlS,ALLEYS OR 44 COUNTY OF KAIAK ) THE LOTS CREATED HERON FALL WITHIN ZONE 2 OF RENTON'S AQUIFER PROTECTION AREA AND tM� ORDINANCEARE SUB,ECT TO THE REQUIREMENTS OF THE CITY OF RENTON ORDINANCE#4367 AND AS THIS DAY OF 199� I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT 4,I<1 IJVSIGNED AMENDED BY #4740.THIS OTY'S SOLE SOURCE OF DRINKING WATER IS SUPPLIED FROM THIS INSTRUMENT,V` -' THEA SHALLOW AQUIFER UNDER CITY SURFACE. THERE IS NO NATURAL BARRIER BETWEEN THE .-"' •" AND ADINON FREED IT TO BE THE FREE AND WATER TABLE MID GROUND SURFACE. EXTREME CARE SHOULD BE EXERCISED WHEN HANDUNG VOLUNTARY ACT 1YMIWiMOISSIE FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. ANY UQUID SUBSTANCE OTHER THAN WATER TO PROTECT FROM CONTACT WITH THE GROUND � TM SURFACE. IT IS THE HOMEOWNERS RESPONSIBILITY TO PROTECT THE OTT'S DRINKING WATER. AltO am d - 2 , 19 MANAGER.FINANCE DIVISION DEPUTY C .I �4 SURVEYOR'S CERTIFICATE A-v- ....,ubh ••,,C.O, 'k I,KEVIN J.VANDERZANDEN,HEREBY CERTIFY THAT THIS PUT OF WHISPERING PINE LANE IS DEPT. OF ASSESSMENTS N TARY PUBLIC IN AND FOR UNE .,VV••"'•'••'9C14% BASED ON AN ACTUAL SURVEY IN SECTION 5,TOWNSHIP 23 NORTH,RANGE S EAST,W.M.,KING STATE OF WASHINGTON ?Ii yB•IOW }IL COUNTY,WASHINGTON,THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY HEREON. MY COMMISSION EXPIRES •+OT Y THAT THE MONUMENTS WILL BE SET AND THE LOT CORNERS STAKED CORRECTLY ON THE EXAMINED AND APPROVED THIS DAY OF 19� � `� �• ' ` s N Yt; - GROUND AND THAT I HAVE FULLY COMPLIED W11H THE PROVISIONS OF THE PLATING .1.:: : i REGULATIONS. 1.t1-01 o`N: KING COUNTY ASSESSOR DEPUTY ASSESSOR STATE OF WASHINGTON ) ,,,A"Fr.°WAS VAV. I(WA DATE: �11 (IILA'I"1� n PROF J.VAAL LAND D COUNTY OF ) PROFESSIONS LAND SURVEYOR // Lj LICENSE NO.30427 /_N I CERTIFY THAT I K OW OR HAVE SATISFACTORY EVIDENCE THAT( 4{6I G'•5hSIGNED STALE O WASHINGTON '+; "y'` THIS INs ENT OA A7Ep yNT yE WA5 AUTHORIZED TO E%ECUIE THE INSTRUMENT + ��4 ct 4��' L!� 1�1�r.i U L0/4X,ND ACKNOWLEDMGED IT TO BE THE FREE AND 1 3''+' TME of^1/w RECORDING CERTIFICATE .• Ur�T VOLUNTARY ACT OF SUCH CORPORATION FON THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. 'V.. 1 V /- : ' :I DATED:_ 'E/ 191? ,O FILED FOR RECORD AT THE REQUEST OF OTT OF RENTON THIS DAY '.1 '�', 1 �(� .�S9S,DN OF 19�AT MINUTES PAST M.AND .• 3 Aw E ./ • RECORDED IN VOLUME OF PLATS,PACES RECORDS d= AL LAWS 0 el "'K /'4OTM' `• KING COUNTY,WASHINGTON. NOTARY PUBLIC N AND FOR THE S�,D�� IIIVIQTW ON RECORDS ANT FI FC „ 00000 ENGINEERS,INC. 4205 T 4EIII Ave.N.F. Suite 200 STATE OF WASIIIICITXI MY COMMISSION EXPIRES `� , Bellevue,Washington 98007 74' H• ADO �� MANAGER SUPER NIEIDQIT OF RECORDS (425)885-7877(425)885-7963 Fax JOB NO. 98098 WHISPERING PINE LANE LU °-0613 FP SHEET 2 OF 3 A PORTION OF THE NE 1/4 OF SEC. 5, TWP. 23 N., RGE. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON SURVEY NOTES k RESTRICTIONS: 1. UGHT STRUCTURES(La.MOOD DECKS PATIOS)SHALL NOT BE PROHIBITED FROM BUILDING SETBACK AREAS. REFERENCES: 2. ALL TITLE INFORMATION SHORN ON THIS MAP HAS BEEN EXTRACTED FROM FIRST AMERICAN TITLE INSURANCE COMPANY SUBDIVISION GUARANTEE NO.399712-9K,DATED 1.LOT UNE ADJUSTMENT BY KEGEL&ASSOCMTES MARCH 17,1999. IN PREPARING THIS MAP,DE]HAS CONDUCTED NO INDEPENDENT 1I1E FOUND 1/8"COPPER PIN IN CONC. INC.UNDER KING COUNTY REC.NO.8609229011 SEARCH NOR IS DO AWARE OF ANY TITLE ISSUES AFFECTING THE SURVEYED PROPERTY N1/4 COR 5-23-5 OTHER THAN THOSE SHORN CM THE MAP AND DISCLOSED BY THE REFERENCED FIRST CITY OF RENTON/266 2.PLAT OF SUNSET HILLS VOLUME 189 OF RATS AMERICAN COMMITMENT. DO HAS RELIED WHOLLY ON FIRST AMERICAR'S REPRESENTATIONS 32 HELD FOR N 1/4 COR&IPAGES 51-55 RECORDS OF KING COUNTY OF THE TITLE'S CONDITION TO PREPARE THIS SURVEY MID THEREFORE DEI OUALOES THE - -,1 T- ALIGNMENT MAPSACCURACY MID COMPLETENESS TO THAT EXTENT. 3. AU.DISTANCES ARE IN FEET. SX WELLS SHORT PLAT 4. THIS IS A FIELD TRAVERSE SURVEY. A THE (KIA ELECTRONIC TOTAL STATION WAS USED NEC.NO.9412209001 TO MEASURE ANGULAR AND DISTANCE 661.62' RETIONSR IMEDI PS BE THE CO 11 TROING ,°g.. MONUMENTATCI AS SHORN. CLOSURE RATIOS OF THE TRAVERSE MET OR EXCEEDED 258 THOSE SPECIFIED IN WAG 332-130-000. DISTANCE MEASURING EOLXPMENT HAS BEEN CALIBRATED AT MIN.G.S.BASELINE WITHIN ONE YEAR OF THE DATE OF THE SURVEY. S. THIS SITE IS SUB.ECT TO CONDITIONS,COVENANTS,RESTRICTIONS,ETC.AS DISCLOSED BY INSTRUMENTS UNDER NEC.NO.8510189001 AND 8809229011. vv�� PT— 6. ALL MONUMENTS SCORN AS FOUND MERE FIELD VISITED THE SEEK OF SEPTEMBER 30, Il,O I 1998. .y1y. 1 2 3 471, \• TRACT IOU 25l ry N?IQ a \ 30TI1 ST. SI pi .... rn 18 h 100.00 i N.E. 26TH PL 256 ®W r . wb o !/ "d LANE ¢ WASHINGTON 3 11 10 9 8 7 6 5 n to \ 8 255 ME 12 ST. VBF (-'xi40,• K- X /M !t 376.22 fi Ai, NK56'53 263.39 ,-X K II _ K X /■ X 12702 NO029'214 1!B!IR 50.}.2! 0 I K K I. $ REEVES SP.020-75 S10 : C'VBF (505.21)RAT ' Et1.F i BOUNDARY LINE FIXED 'A BY AGREEMENT TO 23 sy 22 21 20 19 16 ik RESOLVE RECORD .4. Le , UNDER REC NO/ a�4X, N BOUNDARY LINE ESTABLISHED PLAT OF I REC1.o NIOWA ��i40 7721SUNSET HILLS NDTHE HLAT OF VOL. PLATS SUNSET AGES 51-55 VICINITY MAP 24 1 w SCALE: 1" = 60E en rgi ICI 1° N89'07'15"E 96.03 eb— BASIS OF HEARINGS: I CITY OF RENTON C '32'2 NETWORK 24 BETNEFN CITY OF RENTON CONTR 2 °i CCONTROL NETWORK POINTS/1839 AND/286 $ qC b j 1 O. FOUND 1/8"COPPER PIN i IN CONC. 30' HELD FOR I ALIGNMENT 5 1 EE N69'07'15'E • •• R�' l09.27 !LIMN N.E.247H ST. - - .. 789 67 w u' DOODS E IWC. FOUND 1/8"COPPER PIN EI 4205 7/8th Ave.N.E. Suite 200 IN CONC. CITY OF RENTON/1839 Bellevue,Washington 98007 g e` HELD FOR BASIS OF BEARINGS (425)885.7877(425)885-7963 Fax - JOB N . 98098 WHISPERING PINE LANE L° °gel SHEET 3 OF 3 A PORTION OF THE SW 1/4 OF SEC. 5, TWP. 23 N., RGE. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON I7". ----FOUND 1/8'COPPER PIN IN CONC N1/4 COR 5-23-5 CITY OF RENTON#266 HELD FOR N 1/4 COR&CL I ALIGNMENT 288 I WELLS SHORT PLAT KC REC. NO. 9412209001 —• • • N89'44'O?••W N 517.18' 1'I 30.00',I`;`- 114.44' - 60.00' 55.00' • 55.00' 99.36' I • - 1 I I Y 11, • 247.82' i I 1-n N 10'SIDEWALK G p1.,I r m-I AND UTILITY EASEMENT w I•' L SEE EASEMENTS AND m PARCEL 1 a yam 1 ' 2 ' 3 • 4 ® - 1 RESTRICTONS.SAT.1 111 o LLA-010-86 73'S '} III. sal SF 4939 SF 4959 SF 7246 SF ,_. 1 • `(9i. TRACT 100 n KC REC.NO.8609229011 \� 0 Imo.S 0 7'0 °" vim .`B- WETLAND/DETENTION AREA 25� 1 0 w © In n �[[',8���`�1.1�/4®y"�yo �\\ ,�`JS. SEE DEDICAMON/RESTRICTIONS <o< �i ry4J^ 20'UTILITY EASEMENT TO ® 714 g ® ��J�/ rB `�s * \ \� I\\ R \8fn 27155 EETSF vl 741 d h GTY Of RENTON A `4,yp iyo"�' REC.N0.8704091075 ~ R=200.O.Q__ 2s�?J O•» • 4. 82Y9_40•E() \ a N f . O p \-A=TT99'S7' _ n iv_ c / , \ L_39. 21.19' 55.00' 55.00' 36.03' H e N89'S2'18'W 04.29 `'6 0 �'ti ''Ji. .. —...�... N o• Ll( 7i i0 HX( ..._. R-100.00 -n i0 Yi y.'• ,/ems�y� +- 15'CITY OF RENTON - I 6=15'31'47• 15- _ N89'44'02•W 234.96' OJ• ,7 BO �. UT1UTY EASEMENT 30.00' I L:27.10.19 n N.E. 26TH PL — : • 8�g7ti`^1REC.Na 9812283060 _ $ N8932'18'W n100.00' - n R_113746 250.57 N o •(:' I .08, 143.64' a A=15'40.01- a + 7 'V69y i`E I L_31,02 `Y F( YLv k(: TBM-1 P. T i \'T e?s•M w w ,1 • I n wbi ,o- 21.Os 60.ao 60.00' 60.007. (' /��� 87. 1v o ,nl w 8.0--v — -riY 10 jdJ. ^7 \� &---N89'10'19•E 69.17'--4 w 9.10 s N89'52'1814 94.15' - `V7� oY �—�m'� 'P'�• O, :� l�R "�^S I V-. o a, NBB'SY32 W oo.00 8$ 49� 3q ¢$ i '•ate "j+ Z" PRIVATE SEWER -� o T1 'N >. vOi . s� �,3 EASEMENT TO '� I`I S�2s Gn 0 m m , LOT 6,SEE o IIw EASEMENTS AND z ei $ $W m 11 n 10 9 8 7 RESTRICTIONS u 5 _ o PARCEL 2 3806 SF ;0 5479 SF h 5712 SF .2 5829 SF A SHT.1 41 o LLA-O70-B6 6926 SF 6 M9 122M SF KC NEC.NO.8609229011 M $ ® $ I273.0I g 1271.0I w Z I% IIII 13671 SF n 7:0 .00 W Li 1'o ® t'0 41m 807 ii 7.0 30_00' _I" n 65.00' r ,,60.00' 14.39' g I `-- 114.00' ,' N89'56'53'E 139.39' /� ^s.ba • 60.00' ` 93.55' 1'0/S 69.08' 10� 109.95• U, I283.39' N00'29'21'E_..........,.1 II N88'58'3914 \ I 378.22'� f-------_--- 0 1 5.10' I, \ �/ REEVES S.P. 020-75 \� \ / \\ 23 1 22 21 20 19 118 IN L _I \ \ / L \ \ SUSET HILLS / ‘,..4/___ 1 \\ 1 Wt."169 OF RATS P09.51-55 / IFO C /13-COPPER PIN I KC REC.NO 9406301977 O NC.HELD FOR \ I / fL ALIGNMENT 24 \ 1 I / ] _ \\ 1 / I N.E. 24TH ST. (JD \ TBM-1 TOP OF BRASS DISC IN CONCRETE / \ MONUMENT IN FRONT OF LOT 7 ELEV. LEGEND A.,;4......... I 0`,9" DATUM: CITY OF RENTON+3.70 FT #.� }yR 1.1 6 n FOUND I/8'COPPER PIN B9BL BUILDING SETBACK LINE CITY OIF RENTON/1839 ® MONUMENT SET PER OTHERWISE aF EENTON ; HELD FOR BASIS OF BEARINGS STANDARDS UNLESS OTHERWISE NOTED. B•t•Is1 �"� yr'•,Cef.5�' • SET 1/2'REBAR WITH PLASTIC �A'41 Wm SURVEY CAP STAMPED'DTI PLS 30427'. SCALE: I" — 40' }.( SET TACK IN LEAD ON PROPERTY UNE EXTENDED ��:To PS 00 IN LIEU OF FRONT CORNERS AS SHOWN;DISTANCES 0 20 40 80 ARE TO THE FRONT CORNERS AS SHOWN. V I 270.01 MINIMUM FINISHED FLOOR ELEVATION REWIRED TO Dooas ENGINEERS,INC. 4205 148th Ave.N.E. Suite 200 OBTNN GRAVITY FLOW TO THE PUBLIC SEWER SYSTEM Bellevue,Washington 98007 - �T �•..•r ar„•.,,,,�••,-.- -.. - e5_7877(425)885-7963 Fax _ SEW 9 JVti IV 4,J. Li.g®1aES WHISPERING PINE LANE LU�990-Oo691FP SHEET 3 OF 3 A PORTION OF THE SW 1/4 OF SEC. 5, TWP. 23 N., RGE. 5 E., W.M. CITY OF RENTON. KING COUNTY, WASHINGTON Till FOUND 1/B'COPPER PIN IN CONC N1/4 COR 5-23-5 CITY OF RENTON/266 HELD FOR N I/O COR a CL ALIGNMENT A 258 WELLS SHORT PLAT Z KC REC. NO. 9412209001 1 ///�Y� N89 44'02e11 517.18' 1 30.00'/ \_ i11/4' 60.00 • 55.00' • 55.00' 9976 • 1 IP ,.S• 24]82' 'I 10 O 10'SIDEWALK f AND UTILITY EASE AND rc G N s SEE EASEMENTS AND 6124 m PARCEL 1 Cob RESI1TICnGNS,SHT 1 LLA-010-86 wa 1 a 2 ci 3 ii T!N! ® �� KC REC.NO.8609229011 Zi Z 5M1 SF {959 SF 4B39 SF � [{a. TRACT 100 257 'p 71.0 [271.51 �' ®. "' .�9. REILAND/DETENTION AREA 9S { /p1, \ J. SEE OEDICAT 45 �T/kESTRIcnaMs 1 4® ® gLITY OF RENTON PA 957' 9'r5500' S5.00' J60J • ..l00.00 . ry li100.00 Ki15 CITY OF RENTON A15'31'47' .5 N89'44'02'W 23496' Q $ Q UTILITY EASEMENT 3000' 8 NB921W 10000' L=27.10 1' 25057 rv "It2283060N.E. 28TH PL pj ;__ / g 111.84' „ A.15Y0'Ol' Y f . N69y8• 256 a L.31.02 n �' X(i TBM-1 uL Q ZS•N '^ A••i 21.05 60.00 60.00 60..• 49.84. N89'S2'181Y 94.15' A 8nm ,,-. .P T'?. /� N89'10'19'E 69.17• n i % rv� i3•r �^n N883J J2 W 100.00' G 8 8 } 5a c8 m '12m • m m$ ZNi+ PRIVATE SOBER R.O?• K8'n < + ' m E00 6.ENT SEETO O W 11 �. EASEMENTS ANO ID. m 10 "' 9 8 7 RESTRICTIONS n 5 PARCEL BB06 SF SQ9 SF -'gym' 5712 Si 8620 f - SSW f P SAT.1 m 12289 g W = 1O KC REC.NO.8609229011-86 n ,. _ SB § [273.0[ ® ' 8671 SF �� . m m [x7.o[ 255 z = ® OD Rem ® z ® m J Jo.00 I�/' 0� 65 00' 0/S 60.00' 4.39; s `1\ ` 114 CO' N89'56'537 139.39' //6 05 6r o 60,00' 93.55' I'0/S r o/s-_ y 283.39' N00'29'21'EJ N68'S8'391Y 69.oa' t �09.95' 1 W 378.22' C 5.10' REEVES S.P. 020-75 23 22 21 20 19 18 • SUNSET HILLS VB.IN Cr PLATS PGS 51-55 FOUND 1/8'COPPER PIN KC REC.N0.9406301911 IN CONC.HELD FOR fE ALIGNMENT N.E. 24TH ST. % i re61-1 TOP of Bross DISC IN CONCRETE MONUMENT IN FRONT OF LOT 7 ELEV..267 08IA �'!�!+..- N; LEGEND i! �':...: : �•'.: DATUM:CITY OF RENTON+3.70 FT 1 'C+'a si�� e 3 may h O FOUND 1/8'COPPER PIN il BSBL BUILDING SETBACK UNE '' ��i . 3 IN CONC. I� CITY OF RENTON/1839 ® MONUMENT SET PER CITY OF RENTON O ! •. Z HELD FOR BASIS OF BEARINGS STANDARDS UNLESS OTHERWISE NOTED. �', / • SET 1/2'REBAR MTH PLASTIC �s'IL LAl19 • \�J9 SURVEY CAP STAMPED'DO PLS 3042Y. SCALE: 1" = 40' x SET TACK IN LEAD ON PROPERTY UNE EXTENDED @®:t0.M IN UEU OF FRONT CORNERS AS 910M1:DISTANCES 0 20 40 80 ARE TO THE FRONT CORNERS AS SHORN.Iril c 4 ,M I2/0.0I VW IUM [It FLOOR t VA IAA,NEWINL11 IA DODOS ENGINEERS,INC. 4205:�5 AveH.E. ..::.tA.w OBTAIN OPANTY FLOW TO THE PUBLIC SERER SYSTEM Bellevue,Washington 98007 ® CITY OF RENTON STREET ADDRESS (425)885-7877(425)885-7963 Fax JOB NO. 9809El 19990728000641 IIIIII PAGE 001 OF 003 07/28/1999 09:51 CITY CLERKS OF BS 10.00 KING COUNTY, WA Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA • BILL OF SALE Property Tax Parcel Number:3f4390-' .2041/ Project File#: L i g 97- /,pc Loq- 99i x,,(p Street Intersection: A/E Z(o f p( �CneS GrantYor,(s): ,�PP Grantee(s): E 1. N o��h h/4� -c� /1 AM'e 1. City of Renton,a Municipal Corporation The Grantor,as named above,for,and in consideration of mutual benefits,hereby grants,bargains,sells anti delivers to the Grantee,as named above,th following described persopal property now located at: /V F 2,� f-�+ PL, 4atd To Al6"r vc-- x/ - 1V d-pe,e•,u� LAruAS- in the City of Renton,County of King and State of Washington,'to-wit: E"x 4. b, f-- ' • By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs,executors, administrators and assigns forever. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. ,X4 L II—.,, tic . Notary Seal must be within box INDIVIDUAL FORM OFACKNOWLEDGMENT 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: 97-oo45 H:\FORMS\KCRECORD\BOS.DOC\bh Page 1 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 signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OFACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) 011111204 C,, /e0j On this 7 — day of til�/M_- , 1999,before me personally appeared ♦� •yg10N • C� 1 IGX-rG(.- A - /PCU,/ to me known to n•,�' ;4 OTA/i`L Y1p N• + be 7/� t�/ e /C/'/7T of the corporation that ± •:v_ __..U,. 0 executed the within instrument,and acknowledge the said instrument to be the free •2 and voluntary act and deed of said corporation,for the uses and purposes therein �.• 1 tJ3 Li G Q * mentioned,and each on oath stated that he/she was authorized to execute said . ��i.• 1-21-01 i strument and that the seal affixed is the corporate seal of said corporation. d C. �.�hi it Ndtary Public in and for the State of Washington Notary(Print) 'yor7e_ C' . 1�rE�CICS My appointment expires: JQ/?G/a iv l/, 2<_X,j Dated: ,(1 i?e /1/C/ H:IFORMSIKCRECORDIBOS.DOC1bh Page 2 19990728000641 PAGE 002 OF 003 07/28/1999 09:51 KING COUNTY, WA CITY CLERKS OF BS 10.00 PROJECT CLOSING �X�`11 t± ��A as Final Cost Data FINAL COST DATA AND INVENTORY — and Inventory • SUBJECT: 21/,4- 97 /33— CITY PROJECT NUMBERS: WTR- • • WWP- 1./ YV t./It .LIN4 PAJG Li'- tt SHIP- Name oYproject . TRO- • TED- TO: City of Renton FROM: /V oir 4I,aaA-reel lej JA( .AI c • Plan Review Section /. 60 14 a ilf/4vts iJi Planning/Building/Public Works L L e v1re I ', , gp0s4-- 200 Mill Avenue South Renton,WA 98055 DATE: 4/3/9 y Per the request of the City of Renton,the following information is furnished concerning final costs for improvements installed for the above referenced project. ' . WATER SYSTEM CONSTRUCTION COSTS: Length Size Type �, Q L.F.of f P1 WATERMAIN L.F.of WATERMAIN L.F.of WATERMAIN L.F.of WATERMAIN lr EACH of $ GATE VALVES EACH of GATE VALVES EACH of GATE VALVES 2 EACH of ' " • FIRE HYDRANT ASSEMBLIES (Cost of Fire Hydrants must be listed separately) ' (Include Engineering and Sales Tax if applicable" TOTAL COST FOR WATER SYSTEM SANITARY SEWER SYSTEM: STORM DRAINAGE SYSTEM: Length Size Type Length Size Typep Z g-? L.F.of $' PVC SEWER MAIN 33e L.F.of 1, " 4�7: STORM LINE L.F.of SEWER MAIN 4 q.2 L.F.of /2 " Cp6/STORM LINE L.F.of " SEWER MAIN . L.F.of STORM LINE � 2. EA of —TT DIAMETER MANHOLES 9 EA of ,—_— " C STORM INLET/OUTLET EA of DIAMETER MANHOLES .2, EA of Ii•�' " C E. STORM CATCHBASIN (Including Engineering and Sales Tax EA of STORM CATCHBASIN if applicable) (Including Engineering and Sales Tax TOTAL COST FOR SANITARY SEWER SYSTEM if applicable) TOTAL COST FOR STORM DRAINAGE SYSTEM • STREET IMPROVEMENTS: (Including Curb,Gutter,Sidewalk,Asphalt Pavement and Street Lighting) /a 40 1.F cj�d �� 41 ,I-,I6 w�L J . z o.�o v.. 4,7.1,..�,�t--• At ua 3 sue-4- 1,�.,.1-,1 . / SIGNALIZATION: (Including Eng.Design Costs,City Permit Fees,WA St Sales Tax) /Y a N c• STREET LIGHTIN (Including Eng.Design Costs.City Permit Fees.WA St Sales Tax) • /,a1(/1 rco) A C L>r y ' .S."..- 7 47- 17 G Print signatory name da hone (SIGMA for ms/COSTDAT2.DOCdbh (Signatory must be authorized agent . or owner of subject development) 19990728000641 1111111111111111 PAGE 003 OF 003 07/28/1999 09:51 KING COUNTY, WA CITY CLERKS OF BS 10.00 CITY OF RENTON ECONOMIC DEVELOPMENT NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: June 28, 1999 TO: Mike Dotson FROM: Arneta H.X7298 k SUBJECT: WHISPERING PINE LANE PLAT STORM REPORTS Drawing#2730 Attached for your use and permanent records are the Drainage Reports for the above plat. If you are interested in the status of the plat it is complete, the AsBuilts are in and the plat is ready for recording in the County offices. The above reports are being hand delivered. cc: Neil W. Document2\ajh CITY OF RENTON ECONOMIC DEVELOPMENT NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: June 28, 1999 TO: Carrie Davis Olson FROM: Arneta H.X7298 A., SUBJECT: WHISPERING PINE LANE The purpose of this memo is twofold. 1) Please note that the project that we know as Whispering Pines changed their name slightly on the final plat. I recommend that you add the above name of Whispering Pine Lane Plat as an alias to the records for the water, sewer, storm street lights and road drawings. 2) Attached are the AsBuilt drawing mylars of the above project. Thank you cc: Neil W. Document3\ajh �;. CIT` OF RENTON City Clerk Jesse Tanner,Mayor Marilyn J. Petersen June 22, 1999 Mr. Dick Gilroy, President Northward Homes 1560 140th Avenue NE Bellevue, WA 98005 Re: Whispering Pine Lane Final Plat; File No. FP-99-066 Dear Mr. Gilroy: At its regular meeting of June 21, 1999, the Renton City Council approved the referenced final plat subject to payment of all plat fees and either construction or deferral of all plat improvements to the satisfaction of city staff prior to recording of the plat. Enclosed is a copy of City of Renton Resolution No. 3399, approving the plat. If additional information is required, please feel free to call. Sincerely, Marilyn . ersen City Clerk cc: Mayor Jesse Tanner Council President King Parker Arneta Henninger, Engineering Specialist 1055 South Grady Way - Renton, Washington 98055 - (425)430-6510 / FAX(425)430-6516 ®This paper contains 50%recycled material,20%post consumer June 21, 1999 Renton City Council Minutes Page 231 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 Pl. 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 LITIGATION. 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. CARRI . ime: 9:17 p.m. ()), MARILYN . P T RSEN, CMC, City Clerk Recorder: Brenda Fritsvold June 21, 1999 CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 3 9 9 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (WHISPERING PINE LANE; FILE NO. 99-066). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has heretofore been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after due investigation the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of said final plat, and such approval being deemed proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of such subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The final plat heretofore submitted and approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth (Property, 2.85 acres, is located in the vicinity of N.E. 26th Place and Jones Avenue, N.E.) 1 • RESOLUTION NO. 33 99 be and the same is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and decision of the Planning/Building/Public Works Department dated June 9, 1999, and further subject to the requirements that all plat improvements shall either be constructed or deferred to the satisfaction of City staff prior to the recording of the plat. PASSED BY THE CITY COUNCIL this 21st day of June , 1999. Marilyn J. et r en, City Clerk APPROVED BY THE MAYOR this 21st day of June , 1999. Jess anner, Mayor Appr d as to form: Lawrence J. Warren, City Attorney RES.731:6/14/99:as. 2 RESOLUTION NO. 3399 EXHIBIT A . . _. . . .. .. . ..... J I LEGAL DESCRIPTION THAT PORTION OF TRACTS 255, 256, 257, 275, 276 AND 277 OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO. 4, ACCORDING TO PLAT RECORDED IN VOLUME 11 OF PLATS AT PAGE 82, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT 277; THENCE S89'43'59"E 114.44 FEET ALONG THE NORTH UNE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S89'43'59"E 517.18 FEET; THENCE S00'34'06"W 221.97 FEET TO A POINT ON THE SOUTH UNE OF SAID TRACT 255; THENCE S89'59'33'W 517.62 FEET ALONG THE SOUTHERLY LINE OF TRACTS 255 AND 275; THENCE NOO'33'45'E 80.05 FEET; THENCE N89'52'13"W 94.15 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'34'02", HAVING AN ARC LENGTH OF 31.26 FEET TO A POINT ON THE EAST UNE OF JONES AVENUE; THENCE N00'33'45"E 90.00 FEET ALONG SAID LINE; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET AND FROM A TANGENT BEARING SOO'33'45'W THROUGH A CENTRAL ANGLE OF 90'25'58' HAVING AN ARC LENGTH OF 31.57 FEET; THENCE S89'52'13"E 94.29 FEET; THENCE NO0'33'45"E 94.40 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOW AS PARCEL 3 OF CITY OF RENTON LOT UNE ADJUSTMENT NO. 010-86, RECORDED UNDER RECORDING NO. 8609229011). RESOLUTION NO. 3399 • 30T1-1 ST. I TD aos z z �.i a Q LAKE �' z N WASHINGTON Q w z w o o z w o Q o N.E. 12TH ST. . d ' VICINITY MAP I TkTT-T T C U T' T? T 1\T('' U T l\T T' T A 1\T 1' 5"mot I , "r .' LUA-99-066-FP A PORTION OF THE SW 1/4 OF SEC. 5, TWP. 23 N., RGE. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON • ' '�FOUND I/6"COPPER PIN N CONC N1/4 COR 5-23-5 CITY OF RENTON/266 • HELD FOR N 1/4 CON a 4 . I. • AUGMENT • 258 WELLS SHORT PLAT 1 I KC REC. NO. 9412209001 _ 1 I N89'44'0211/ 2. ^ \ 517.18' 11,'10.00'f I`, 114.55' ,. 60.0E • 55.00' • 55.00' - 99.36- 1 1 I 1 •-••\ 247.82' 1.rary o! 1-1..'I r me untlIT EAUYFNr I „1 .'"I5 -- SCE EASEMENTS ANO et 4 ® 1 RESTRICTKNs•5NT.I o ►ARCH t R.h 1 2 3 / , IS I a LLA-010-86 ,i 26 54e1 SF a 4959 Sr P. 4959 Y a 7216 SF -I `��9 \ TRACT 100 257 I KC REC.N0.8609229011 L- C. q e .;rs, REILANO/DEiEN1KN AREA a n �w ® �.\ .,�J, '\ sa oEDlcAnaN T s1mc11oNs '�^ •__ Ii aA N..'4 . 4,• '1 1 z �. .14i,1 70'umlrY EASCYCNT TOIY 706 g {® ® /,'.. P :71, '�0 1 R 'IE'4 2nsa sF h d ti CITY a FCN ION t 9 J�,. . 1 M62.1940 r_ 440 N r N p O v ea4\' REC.N0.8704091015 \ e-j 00.007_____ __. _ .'J�•,I • R y3 r_-_- \(}4. — I� 21 19' ]].OU' SS fN1' 360]' �i I N.o. N89 52'181Y 94,29' ,.� n^ n„ .^.A R .2 /s 4. ...—... .v ii R-100.0E An - +1 '• J. s. 15'CITY Of RENTON I I ^' 6-15-31'477 q 25- - _ N89.44.02"N^ - 73..96 _ P JO,p. t7'sIt '1, . ,� UrRIIT EASEMENT 30 0 I L-27.10.2_ g r7RCC.N0.9612283060 8_-.4.--- '16'M 100.00• e%46 ;, N.E. 26TH PL.,„, m57 • / 4��.. {-IS401" - ry ry l / H 'Y691 256 W g I 11l.6� e. L-31Ox '� It )I to a 1i TBY-1 ,. / \ ) 6l3 M 1 n •r 1 ^ -Rn'7Es n' 0 21.05 60.00 60.00 6000 55 %.� 4 /rn `784• .o 6 N89'S2'181Y 94.t5' ygR�- — -^Po,- ,,,, �a .D ` -Ne9�o'19"E 69.tY-, ,v aa�,4�q.• ^n. 8. e, Nee7Y32"R 1000E o 8 8 "'' 3A a$J . ZS N •PRIVAi[SE9ER L+ 21 �11. q I S� EASEMENT 10 O ham' a a 'S 9. LOT 6.SEE I`t l4 0 �. EASC M(N 15 AHD • Z OOW c 11 0 10 c 9 c 8 c 7 ? RE SIRIC DONS 5 o PARCEL 2 s 5606 SF -,^., 5479 SF 5712 3 ^ Self SF .^ SH T.1 12289 SF o I2 LLA-010-e6 . " ^ ^ e929 Sr 6 :0"',.....1.- D o255 �! I OKC REC.NO.6609229011 n 1273.01 8 78 . 8 ' 8 I269.01 sen sF R �7.01z I 1 ® 4tm ® 4)ID ^ ex. �.0•1. Z��l 0/S6500• :�I'0/S 60.00' 61439 45.64' 6000' �I'OAS g 1 �, --- 114.00' - I N89'S6 5TE 139.39' 93.55' 69 06' 109.95' • y �- II - I283.39' N88'56 3919 1378.22' .4 / 4E N0729'21'E Il, 1 / 0 I I I 5.10' \ REEVES S.P. 020-75 I \ 1 / \ 23 11 22 21 20 19 / 18 1 x I I \ / ISUNS[1 N P8.5 / _1 10L 1{f fF PLATS RS.Sf-55 FOUND 1/8"COPPER INN I \\ I 9c FIG Ip NO{701f7/ I / N CONC.NERD FOR E.ALIGNMENT 24 \ I / \\ 1 I / N.E. 24TH ST. 1 .... . • i \ TBY-1 TOP OF BRASS DRSC N CONCRETE _ \ 1•39REEB N FRONT OF LOT 7 ELEV. • LEGEND / �'+:: I o? DAWN:Ott OF RENTON 4 3.70 FT . y~ 1•' FOUND 1/6"COPPER PN BSeI alALD9IG SE7BA0(llE Li L' N cONC. YOMUYDET SCT PEt Ott Of BEATEN CITY OF RENTON/1639 ® STANDARDS UNLESS OTIIOtMSE NORD. A WHET CAP STAMPED 700 PLS 30427". VP: SCALE: 1" = 40 X SET TACK N LEAD ON PROPERTY UNE EKTEOED - N LIEU OF FRONT CORNERS AS SHORN:DISTANCES 0 20 40 e0 ARE TO DE FRONT CORNERS AS SHORN. hIMIIIMM1 __ Lwow r919E0 ROOK ELEVAIKIN REOURCD 70 DODOS ENONrfA•9i INC. 4203 74881 A•..N.E. Suits 20E OBTAIN GRANT'.FLOR TO NW PIIBUC SERER SYSTEM Balawas•Washington 96007 CITY of RENTON STRUT AOOREss (425)885-7877(425)885'7963 Fax JOB NO. 9809ES June 21, 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 99-066) the 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 Tem 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. Denny's Lift Stations Design, (See next page for action on this item.) RH2 Engineering CITY OF RENTON COUNCIL AGENDA BILL AI #: • Submitting Data: Planning/Building/Public Works For Agenda of: June 21, 1999 Dept./Div/Board.. Development Services Division Staff Contact Arneta Henninger x7298 Agenda Status Consent X Subject: Public Hearing... WHISPERING PINE LANE FINAL PLAT Correspondence.. File No. LUA 99-066FP Ordinance 2.85 acres located in the vicinity of NE 26th P1 and Jones Av NE Resolution X Old Business Exhibits: New Business 1. Resolution and legal description Study Sessions 2. Staff report and recommendation Information Recommended Action: Approvals: Legal Dept X Council concur with staff recommendation and adopt the Finance Dept resolution. Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. Summary of Action: The recommendation for approval of the referenced final plat is submitted for Council action. This plat divides 2.85 acres into 11 single family residential lots. The construction of the utilities and street improvements to serve the lots is complete at this time. All construction will be approved, accepted or guaranteed as required through the Board of Public Works prior to the recording of the plat. All conditions placed on the preliminary plat by City Council will be met prior to the recording of the plat. STAFF RECOMMENDATION: Approve the Whispering Pine Lane Final Plat, LUA 99-066FP, with the following conditions and adopt the resolution. 1. All plat fees shall be paid prior to the recording of the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Northward Homes,Inc. Dick Gilroy Whispering Pine Lane Final Plat File: LUA 99-066FP LOCATION: NE 26th PL and Jones Av NE Section 5,Twp.23 N. Rng. 5 E. SUMMARY OF REQUEST: Final Plat for 11 single family residential lots with utilities, streets and lighting. RECOMMENDATION: Approve With Conditions FINDINGS,CONCLUSIONS&RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant,Northward Homes Inc.,filed a request for approval of an 11 lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance-Mitigated on December 16, 1997 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at NE 26th P1 and Jones Av NE. The subject site is located on the east side of Jones Av NE. The new plat is located in Section 5,Twp.23 N.Rng. 5 E. 6. The subject site is a 2.85 acre parcel. The subject site is nearly rectangular. The parcel is approximately 233 feet long(north to south)and approximately 517 feet wide. 7. The subject site was annexed into the City of Renton with the adoption of Ordinance No. 1818 enacted in March 1960 and amended by Ordinance No. 1827 in May 1960. The Preliminary Plat was approved on March 23, 1998. 8. The site has a R-8 (Single Family) land use zoning, with the adoption of Ordinance 4404 enacted in June 1993. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the conditions imposed by the ERC: 1) The applicant followed the recommendations of the geotechnical engineering study as prepared for the subject parcel by Earth Consultants Inc. 2) The Traffic Mitigation fee will be paid prior to recording the plat. The applicant revised the construction mitigation plan as required to the satisfaction of staff. 3) The Parks Mitigation Fee will be paid prior to recording the plat. 4) The Fire Mitigation Fee will be paid prior to recording the plat. 5) a) The grading of the new intersection at Jones Av NE lowered the peak grade of NE 26th St as required to help insure the runoff was properly conveyed to the east side of Jones Av NE. b) The final engineering plans for the site included a design utilizing storm infiltration systems for the single family structures. c) The final drainage control plans for the site were designed to discharge as required to the satisfaction of staff. d) The final drainage control plans for the site provided a split discharge design as required to the satisfaction of staff. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1) Applicant complied with the above noted ERC conditions. 2) The construction of the fences to screen the two parcels located on either side of the new roadway will be approved,accepted or guaranteed,as required through the Board of Public Works prior to recording the plat. 3) A homeowners association was created to maintain all common plat improvements(storm water detention vault,flow spreader,utility easements). 4) A Native Growth Protection Easement is shown on the face of the plat for the steep slope and wetland area on the east portion of the property. CONCLUSIONS: The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1) All plat fees shall be paid prior to the recording of the plat. 2) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. WHISPIFP.DOC/ 2 SUBMITTED THIS 9TH DAY OF JUNE, 1999 DEVELOPMENT SERVICES DIVISION TRANSMITTED THIS 9TH DAY OF JUNE, 1999 to the parties of record: Robert W. O'Connell,Jr. Nancy Bennett Richard Fisher 4620 200th SW 2612 Jones Ave NE PO Box 969 Lynnwood,WA 98036 Renton,WA 98056 Renton,WA 98382 WHISPIFP.DOC/ 3 y �31NN8 .S •� cnr z m • — o z . z w — o PARK AVE. N. cn D JONES AVE. N.E. —O z i� ABERDEEN AVE. N.E. (I) -61 cn EDMONDS AVE. N.E. EXHIBIT A • LEGAL DESCRIPTION THAT PORTION OF TRACTS 255, 256, 257, 275, 276 AND 277 OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO. 4, ACCORDING TO PLAT RECORDED IN VOLUME 11 OF PLATS AT PAGE 82, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT 277; THENCE S89'43'59"E 114.44 FEET ALONG THE NORTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S89'43'59"E 517.18 FEET; THENCE S00'34'06"W 221.97 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 255; THENCE S89'59'33"W 517.62 FEET ALONG THE SOUTHERLY LINE OF TRACTS 255 AND 275; THENCE N00'33'45"E 80.05 FEET; THENCE N89'52'13"W 94.15 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'34'02", HAVING AN ARC LENGTH OF 31.26 FEET TO A POINT ON THE EAST LINE OF JONES AVENUE; THENCE N00'33'45"E 90.00 FEET ALONG SAID LINE; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET AND FROM A TANGENT BEARING S00'33'45'W THROUGH A CENTRAL ANGLE OF 90'25'58" HAVING AN ARC LENGTH OF 31.57 FEET; THENCE S89'52'13"E 94.29 FEET; THENCE N00'33'45"E 94.40 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOW AS PARCEL 3 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. 010-86, RECORDED UNDER RECORDING NO. 8609229011). �• ,... CITA )F RENTON ..ii Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 18, 1999 Sid Forman King County Health Department East District Health Center 14350 SE Eastgate Way Bellevue, WA 98007 SI BJECT: WHISPERING PINE LANE PLAT CITY OF RENTON FILE LUA 99-066 Dear Mr. Forman: The City of Renton has accepted the sanitary sewer and water improvements required for the above named project which is generally located on the east side of Jones Av NE at NE 26th P1. The City will provide domestic water service and sanitary sewer service to this plat. If you have any questions or require additional information, please contact me at 425-430-7298. Sincerely, Arneta J. Henninger Engineering Specialist Development Services Division cc: Neil Watts David Christensen Abdoul Gafour WHISPERINGPINE/AJH S2730 W2730 1055 South Grady Way-Renton, Washington 98055 al This oaoer contains 50%recycled material.20%oast consumer City of Renton WA Reprinted: 06/18/99 10 : 21 Receipt **************************************************************** Receipt Number: R9902922 Amount : 18, 368 . 86 06/18/99 10 : 21 Payment Method: CHECK Notation: #1095 WHISPERING Init : LN Project # : LUA99-066 Type: LUA Land Use Actions Parcel No: 334390-2064 Total Fees : 19 , 368 . 86 This Payment 18 , 368 . 86 Total ALL Pmts : 19 , 368 . 86 Balance: . 00 **************************************************************** Account Code Description Amount 105 . 000 .20 . 345 . 85 Park Mitigation Fee 5 , 838 . 36 105 . 000 . 09 . 345 . 85 Fire Mitigation-SFR 5 , 368 . 00 105 . 000 . 16 . 344 . 85 Traffic Mitigation Fee 7, 162 . 50 %, C IT: )F RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 18, 1999 Sid Forman King County Health Department East District Health Center 14350 SE Eastgate Way Bellevue, WA 98007 SUBJECT: WHISPERING PINE LANE PLAT CITY OF RENTON FILE LUA 99-066 Dear Mr. Forman: The City of Renton has accepted the sanitary sewer and water improvements required for the above named project which is generally located on the east side of Jones Av NE at NE 26th Pl. The City will provide domestic water service and sanitary sewer service to this plat. If you have any questions or require additional information, please contact me at 425-430-7298. Sincerely, ( 14/2-rf.,7z, Arneta J. Henninger Engineering Specialist Development Services Division cc: Neil Watts David Christensen Abdoul Gafour WHISPERINGPINE/AJH S2730 W2730 1055 South//'^ Grady Way- Renton, Washington 98055 CCU This manor rnntains SO%rarvrlari matarial 20%nnst rnnsumar To: Bob From: Arneta H. Subject: Whispering Pine Lane Monument Cards June 17, 1999 Attached are the Monument Cards for the above plat. Please let me know if all is in order. Thank you. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: June 11, 1999 TO: Sonja Fesser, Technical Services FROM: Arneta Henninger, X7298 SUBJECT: WHISPERING PINE LANE FINAL PLAT LUA 99-066 NE 26TH PL & JONES AV NE FINAL REVIEW & APPROVAL FORM If all concerns have been addressed and you recommend recording of the mylar, please sign this memo below and return to me. Thank you. Approval: _ Q-9 Name Title Date Robert T. Mac Onie, Jr. 6/15/1999 Mapping Supervisor LL a..) y• 6/15/q ci cc: Yellow File vA.L I v b1i8,-.JEG'T To TE aLLc1N I : .TI 1 �lL 4umt t�5 1� - ul._It y LI►�l>= �,a-, . qurj- c �s1 a i- N a - -ram a au c54-+ • •-11-4, l' &c.o1r rJ NUm � of -� Ipec. 4-1-►oU 6� co cF cr �us I IJ uxur� f . -I�►-' Lz o AL �Ic g u I orir 'l. aF Ctry or cAl=l1r> 'T F „ 9 CIT' OF RENTON .� Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren MEMORANDUM cj7),oFegto Alpo ON fifir ? In To: Arneta Henninger (Jo/4.`' 1 1999 From: Lawrence J. Warren, City Attorney �4U U4 i`dv Date: May 18, 1999 h' Subject: Declaration of Covenants, Conditions and Restrictions Whispering Pine Lane Plat, LUA 99-066FP I have reviewed the above-referenced document and the same is approved as to legal form. (1274C' Lawrence J. en LJW:as. cc: Jay Covington A8:159.38. Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 ®This paper contains 50%recycled material,20%post consumer J '�'77 NUK I hWHKU 425 '(4'( 415'( H,b27b2 MORThii AIM April 28, 1999 Board of Public Works City of Renton 1055 South Grady Way. Renton, Washington 98055 Subject: Whispering Pines LUA 97-135 Deferral of on Site Improvements We are nearing completion of our streets, utilities and related improvements and have filed our final plat with the City. In order to record the plat we are requesting a deferral on the completion of the following items: 1. Street Lighting 2. Fencing 156Z� 140th Ave.N.E. Su;<< 1e0 Street Lighting: Bellevue,WA 9S005 425.747.1726 The pole bases have been set and underground wire pulled. The poles and F.1\425.747.4157 luminaries are expected to arrive in town the week of May 24th. The system ,,.,,,«i,,,,ard c,,m should be completed by June 11tn Fencing: Fencing is required on both sides of the entry road adjacent to the existing homes. Final design will be completed next week. Installation should be complete by May 21s. The estimated amount to complete above work is: 1. Street Lighting $10,000.00 2. Fencing $ 1,800.00 If you need any further information please contact me at 425-747-1726. Northward Horn s I re? I Dick Gilroy TOTAL P.02 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: rye. Frbvadin4 COMMENTS DUE: MAY 14, 1999 APPLI:ATION NO: LUA-99-066,FP DATE CIRCULATED: APRIL 30, 1999 APPLI ANT: Northward Homes, Inc. (Dick Gilroy) PROJECT MANAGER: Arneta Henninger PROJ ECT TITLE: Whispering Pines Final Plat WORK ORDER NO: 78532 LOCA nION: NE 26th Place and Jones Avenue NE APR 3 01999 SITE i,REA: approx. 3 acres I BUILDING AREA(gross): N/A SUMP ARY OF PROPOSAL: This is a final plat for 11 lots for single family homes. The project includes the installation of curbs, gutter, sidewalks, a watermain, a sanitary sewer main, storm drainage facilities, street improvements and street lighting. A. LWWRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Eleme it of the Probable Probable More Element of the Probable Probable More Envirc nment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/:horeline Use Utilities Anima s Transportation Envirc imental Health Public Services Energ./ Historic/Cultural Nature I Resources Preservation Airport Environment 10,000 Feet 14,000 Feet l y' yt B. l POLICY-RELATED COMMENTS Al& C. :ODE-RELATED COMMENTS iv We ha ve reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact areas where additional information is needed to properly assess this proposal. ,*) 57-0 9 Signature of Director or Authorized Representative Date route Rev.1C CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT MAINTENANCE BOND Bond Number 850298S KNOW ALL..MEN BY THESE PRESENTS;that we_lg rthvard Ftrwripg, Jur. as Principal,and DEVELOPERS INSURANCE CO a corporation organized and existing under the Laws of the State of CALIFORNIA Surety are held and firmly bound unto THE t.1TY OF RENTON as Obligee, in the total sum of TWELVE THOUSAND EIGHT HUNDRED , ($ 12,880.00 ) dollars, fort e payment of which, well and truly to be EIGHTY & 00/194ade, the executors, administrators, successors and assigns, jointly and severally, firmly by these presents: for �`itrP?� l °T. 4e e1-y-4tnrnt drsaR na jiti�.7.r. ,` } 0 in N.F 2fith Plan c F •,_••7 vi th'P RtafI1F',ty rrl—sti t A_ ' tI pr apprBYea pis by d's ] ngineer's Whisperint, > ne Lane NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall maintain and remedy said work free from defects in materials and workmanship for a period of one year(s) following completion, then this obligation shall be void otherwise it shall remain in full force and effect, SIGNED,SEALED AND DATED this Bth day of June 1921. NORTHWA'yj HOMES, IN . BY: A •iicant'5 Si azure DEVELOPERS INSURANCE COMPANY BY: • A-TN Signature of Bonding Agent E. STRIEB , Attorney-In-Fact c:Lbrmx/rnalntbmI POWER OF ATTORNEY OF INE NITY COMPANY OF CALIFORNI, AND DEVELOPERS INSURANCE COMPANY P.O.BOX 19725,IRVINE,CA 92623•(949)263-3300 N° 0 9 6 4 7 3 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***W. J. McCoy, Paula M. McCoy, Ronald J. Lange, R. W. Smith, R. A. Moore, James B. Binder, Alice R. Wienckoski, Harold R. Ross, Anne E. Strieby,jointly or severally*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of sure 3hip in an amount not exceeding Three Million Five Hundred Thousand Dollars($3,500,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and a Deity to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporatic full power of substitution and revocation;and all of the acts of said Attomey(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY CON ANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Po. rs of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Se, :tary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such _wer of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,underta g or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their res tive Presidents and attested by their respective Secretaries this 3rd day of February,1997. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By ©J VJ .GX .CIr By Dan`qI F.Vincenti,Jr. 4 Dante' ✓incenti,Jr. President tiTsT By Walter Crowell Walter Crowe Secretary Secretary STATE OF CALIFORNIA )SS. COUNTY OF ORANGE On February 3, 1997,before me,Sherie L.Bell,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or proved to me on the h .is of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their autr sized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. nnn SHERIE L.BELL ,y � GOMM,#1119449 Signature • X ,.)r1r NOTARY PUE3JC•CALIFORNIA§ ORANGE COUNTY My Comm.Exp.Dec.12,2000 CERTIFICATE The undersigned,as Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Vice President of DEVELOPERS INSURANCE COMPANY,does hereby cert that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Di :;tors of said corporations set forth in the Power of Attorney,are in force as of the date o this Certificate. This Certificate is executed in the City of Irvine,California,this U day of , INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY CogRANyox, � 9\NSUR��� � - ��QPORBy '2%� By o+2 MAR.2William T.Sherer William T.Sherer ,t 1979 �aVice President Vice President y° /FOP /� ID-313 REV.(2/98) • ASSIGNMENT OF FUNDS TO THE CITY OF RENTON APPLICANT: Northward Homes BANK: Washing on Federal Owner: Same Branch: Loan Admin - WA Address: 1560 140th Ave. NE Address: 425 Pike Street Re11evue, WA 9R0115 Seattle, WA 98101 Phone: 425-747-1726 Phone: 206-67.4-7930 FAX: 425-747-4157 FAX: 7706-624-2334 Attention: Dick Gilroy Attention: Lorelei Stoves Title: President Title: Senior Vice President • The above referenced bank hereby certifies that Seventeen Thousand Seven Hundred dollars ($ 17,7000.00 ) is on deposit in the account number 207 213257-9 under the name of City of Renton, to secure the applicant's performance of the following work required in connection with the plat or project described below. Plat or Project: Whispering Pine Lane Location/Address of Plat or Project:NE 26th P1 & Jones Ave NE The required work is generally described as follows: Three Street Lights . 150 lineal feef of fence at entry Effective date is June 1, 1999 with expiration date to expire when the deferred improvements are installed and approved. The bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 10 days of receiving written notice that the City has determined that the required work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the City and shall not interplead or in any manner delay payment of said funds to the City. The applicant hereby agrees to this assignment of funds and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This Assignment of funds is irrevocable and cannot be cancelled by the bank or applicant. Applicant: Bank: ' A thorized Signature AJ` 9igt� �l g � C�tGyo-o.y orelei G. Stoves, Sr. Vice Pres. Nam , /Tislq Narp,/-7 9 Date / / Date// j/ 4y• ; CITY 'F ItENTON ..I� Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator January 26, 1999 Rick Pierce RTP Management • 16709 230th St East Graham, WA 98338 SUBJECT: WHISPERING PINES PLAT UTILITY COMPLETION AND ACCEPTANCE OF UTILITIES REQUIREMENTS (RSTW 2730) C980300 LUA 97-135 Dear Mr. Pierce: As the construction phase of your project approaches a milestone, your project enters a new phase which I will refer to as Project close-out. The purpose of this letter is to highlight the subject areas in the final plat process. ` I want to let you know ahead of time some of the routine items that the City will require prior to Public Works acceptance of the above-subject project. All of these items discussed below need to be completed. Please use this letter as a check list to keep your project moving smoothly through the City procedures. construction Concerns: I will be working with the utility inspector, Steve Pinkham, to insure that the project has installed ALL of the improvements, including street lighting and monuments as shown on the approved mylars, has a final walk through and sign-off by the inspector. This includes any punchlist items from the inspector and/or the City Maintenance Division. The construction permit for the project must be signed off by the inspector, Steve Pinkham, prior to completing project close-out. As-Built Concerns: The construction permit plan mylars must be checked-out from the sixth floor public works counter and updated or replaced with a complete As-Built plan set. All plan sheets, including those constructed per design, must be verified, stamped and signed as As-Built by a licensed surveyor or engineer. The mylars are labeled As-Built in large block letters and stamped by a PE or PLS. Submit an ASCI file along with your As-Built drawings. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all watermain, sanitary sewer, and storm drainage systems easements which shall be consistent with the As-Built location of the utility. Once the above have been addressed, submit three sets of As-Built bluelines of the civil drawings to my office. The inspector will be reviewing the bluelines and if all is in order I will then call for the civil mylars to be returned. These final mylars must be submitted for our permanent records. 1055 South Grady Way-Renton, Washington 98055 f is '.. E ' y� ', Whispering Pines Plat C80300' "' LUA 97-135 Page2of3 Construction Cost Data Concerns: At the same time the As-Built bluelines are submitted, the owner of the development or authorized agent shall supply the detailed construction cost of the public Water system, Sanitary Sewer System, Storm Drainage Systems, street improvements and street lighting on the Cost Data and Inventory Form (enclosed) and sign it at the bottom. This form is to reflect only those facilities that will be turned over to the City. An example of items that are NOT turned over are sidesewer stubs, water service lines and private storm drainage facilities. Return the original form to my office. The Bill of Sale (enclosed) is to reflect the items and quantities as shown on the Cost Data and Inventory form. Return the original form to my office. A maintenance bond is required in the amount of 10% of the grand total of the water, sewer, storm, street and street lighting costs as shown on the Cost Data Inventory form. A standard City of Renton maintenance bond form is enclosed. The permit bond will be released upon receipt and acceptance of the maintenance bond, of the above documentation and final sign-off by the inspector. Final Plat Recording Concerns. I have scheduled a meeting for you and your surveyor to meet with the Technical Services staff and myself to discuss the final plat process. We will meet on February 3, 1999 at 10 am. Please check in at the Customer Service Counter on the 6th floor when you arrive at City Hall. I recommend that you pick up a copy of the Final Plat requirements at the 6th floor counter of City Hall. This is a handout outlining the general procedure leading up the recording of the plat. We will be discussing this handout at our meeting so please bring all of your questions and concerns. You may pick up your monument cards at this meeting. The plat drawing shall show the same easements and be consistent with the civil drawings. All storm drainage easements that are private shall be clearly labeled on the face of the plat as Private Drainage and Access Easements. Fees: The applicant shall pay the Traffic Mitigation Fee of $7162.50 prior to the recording of the plat. The applicant shall pay the Parks Mitigation fee of $530.76 per new single family lot prior to the recording of the plat. The applicant shall pay the Fire Mitigation fee of $488 per new single family lot prior to the recording of the plat. t 5 Y - ,..£ S'. r Whispering Pines PLat Page 3 of 3 It is a team effort of all of the above City Divisions and you, your engineer, your contractor and your surveyor to get your plat to final plat approval. If you have any questions, please contact me at 425-430-7298. I will be working with you and your contractor to bring both the construction process and the final plat process to closure. Please let me know if you find this letter a useful tool in managing your project. Thank you for your cooperation. Sincerely, Arneta Henninger Engineering Specialist Development Services Division pc Neil Watts 3 File LUA 97-135 4.1 A • ASSIGNMENT OF FUNDS . TO THE CITY OF RENTON APPLICANT: Northward Homes BANK: Washing on Federal Owner: Same Branch: Loan Admin — WA Address: 1560 140th Ave. NE Address: 425 Pike Street 11P11 e me WA gRnns Seattle, WA 98101 Phone: 425-747-1726 Phone: 206-624-7930 FAX: 425-747-4157 FAX: 7.06-624-2334 Attention: Dick Gilroy Attention: Lorelei Stoves Title: President Title: Senior Vice President • The above referenced bank hereby certifies that Seventeen Thousand Seven Hundred dollars ($ 17,7000.00 ) is on deposit in the account number 207 213257-9 under the name of City of Renton, to secure the applicant's performance of the following work required in connection with the plat or project described below. Plat or Project: Whispering Pine Lane Location/Address of Plat or Project:NE 26th P1 & Jones Ave NE The required work is generally described as follows: Three Street Lights • W • 150 lineal feet of fence at entry Effective date is June 1, 1999 with expiration date to expire when the deferred improvements are installed and approved. The bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 10 days of receiving written notice that the City has determined that the required work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination • by the City and shall not interplead or in any manner delay payment of said funds to the City. The applicant hereby agrees to this assignment of funds and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This Assignment of funds is irrevocable and cannot be cancelled by the bank or applicant. Applicant: Bank: A jAdh000riRed Sign5t A thorized Signature�(( d ,41 �Gie o y orelei G. Stoves, Sr. Vice Pres. Nam / L 9 Name, -7/ g Date / Date CITY OF RENTON ECONOMIC DEVELOPMENT NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: June 10, 1999 TO: Carrie Davis Olson FROM: Arneta H. X7298 SUBJECT: WHISPERING PINE LANE C980300 RSTW 2730 Attached are: • Bill of Sale • Final Cost Data • Maintenance Bond • And the purple form for the City Clerk's office Thank you! cc: Neil W. Document2\ajh AUTHORIZATION OF SPECIAL BILLING DATE: !2'c 5 115 PROJECT NAME: Gj h SW-lr:k PROJECT NUMBER: C Tt a o 3 o o WORK ORDER No.: n 2 3g It is the intent of this letter to authorize the City of Renton to bill the undersigned for all costs incurred relative to the referenced project, by the City of Renton for the following work: TIME AND MATERIALS FOR ANY AND ALL ROAD CLEANUP EFFORTS PERFORMED BY CITY FORCES OR CITY CONTRACT. ALL OVERTIME FOR INSPECTION AND RELATED ACTIVITIES, BILLABLE AT A RATE OF FIFTY DOLLARS ($50.00)AN HOUR. TIME AND MATERIAL FOR ANY WORK DONE BY CITY STAFF TO REPAIR DAMAGES. BILLINQTO BE SENT TO: Name: Xoc4,4 ,�� axla✓ fNc. Company: /4 o A�a �-►F ►a Address: Phone: 442 f 74,7_ 7 Y.` Owner/Developer or Auth zed Agent L 9�03va ' q7 PROPER'i x SERVICES FEE REVIEW FOR SUBDI vISIONS No.- _ APPLICANT: ' y L11. I `l-T ) RECEIVED FROM (date) JOB ADDRESS: Jot 11=� ,+iV u)= WO# 7F3?_$o NATURE OF WORK: l I LCI Lc U .1_k--r l 'pIUE I LND# 10 - 03.3I ❑ PRELIMINARY REVIEW OF SUBDIVISION BY ONG PEAT, NEED MORE INFORMATION: 0 LEGAL DESCRIP' ON SHORT PLAT,BINDING SITE PLAN,ETC. 0 PID Nis 0 VICINITY MAP FINAL REVIEW OF SUBDIVISION,THIS REVIEW REPLACES 0 SQUARE FOOTAGE ❑ OTHER PRELIMINARY FEE REVIEW DATED I I/lq/cf7 0 FRONT FOOTAGE O SUBJECT PROPERTY PARENT PID#3343g0 X NEW KING CO. TAX ACCT.#(s)are required when assigned by King County. It is the intent of this development fee analysis to put the developer/owner on notice,that the fees quoted below may be applicable to the subject site upon development of the property. All quoted fees are potential charges that may be due and payable at the time the construction permit is issued to install the on-site and off-site improvements(i.e.underground utilities,street improvements,etc.) Triggering mechanisms for the SDC fees will be based on current City ordinances and determined by the applicable Utility Section. Please note that these fees are subject to change without notice. Final fees will be based on rates in effect at time of Building Permit/Construction Permit application. ❑ The existing house on SP Lot M ,addressed as has not previously paid SDC fees,due to connection to City utilities prior to existance of SDC fee Ord. SP Lott will be subject to future SDC fees if triggering mechanisms are touched within current City Ordinances. ❑ We understand that this subdivision is in the preliminary stage and that we will have the opportunity to review it again before recordation. The following quoted fees do NOT include inspection fees, side sewer permits,r/w permit fees or the cost of water meters. SPECIAL ASSESSMENT DISTRICT PARCEL METHOD OF ASSESSMENT ASSESSMEIT 1 DISTRICTS NO. NO. ASSESSMENT UNITS OR FEE Latecomer Agreement(pvt)WATER Latecomer Agreement(pvt)WASTEWATER Latecomer Agreement(pvt)OTHER Special Assessment District/WATER t A.-r 1 E.1,-lL YCt.E- -* �"A"'�-"'t ,-ip• .17c - 41( Special Assessment District/WASTEWATER _ Joint Use Agreement(METRO) Local Improvement District • _ Traffic Benefit Zones $75.00 PER TRIP,CALCULATED BY TRANSPORTATION FUTURE OBLIGATIONS SYSTEM DEVELOPMENT CHARGE-WATER ❑ Estimated #OF UNITS/ SDC FEE 0 Pd Prey. 0 Partially Pd(Ltd Exemption) 0 Never Pd SQ. FTG. Single family residential$850/unit x I I $of,3540,pd Mobile home dwelling unit$680/unit in park Apartment,Condo$510/unit not in CD or COR zones x Commercial/Industrial, $0.113/sq. ft.of property(not less than S850.00)x ,. Boeing,by Special Agreement/Footprint of Bldg plus 15 ft perimeter(2,800 GPM threshold) SYSTEM DEVELOPMENT CHARGE-WASTEWATER ❑ Estimated ❑ Pd Prey. 0 Partially Pd (Ltd Exemption) 0 Never Pd Single family residential$585/unit x 6 6, 5.00 Mobile home dwelling unit$468/unit x Apartment Condo$350/unit not in CD or COR zones x CommerciaUIndustrial$0.078/sq. ft.of property x(not less than$585.00) SYSTEM DEVELOPMENT CHARGE-SURFACEWATER 0 Estimated 0 I'd Prey. 0 Partial!' Pd (Ltd Exemption) 0 Never Pd Single family residential and mobile home dwelling unit$385/unit x I t All other properties$0.129sq ft of new impervious area of property x (not less than$385.00) PRELIMINARY TOTAL $ ZO)OZO. oC) (1_i5- i¢�.J1.1Ybd.L 1 a ) ( 7 t,on fJlt ) g/z licv: f; M4� 2 0,Signal of Re wing Authority DATE .� Ci 0 *If subject property is within an LID,it is developers responsibility to check with the Finance Dept. for paid/un-paid status. El Square footage figures are taken from the King County Assessor's map and are subject to change. S. ❑ Current City SDC fee charges apply to ty •• 4110 CITY F RENTON Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren MEMORANDUM 1 OFR RENT, f To: Arneta Henninger � 19� 99 From: Lawrence J. Warren, City Attorney -•`� Date: June 3, 1999 y y~ J/ViS/ON Subject: Native Growth Protection Easement Language • Whispering Pines, LUA 99-066FP I have reviewed the proposed language and the same is approved as to legal form. Lawrence J. Warren LJW:as. cc: Jay Covington A8:160.35. Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 This paper contains 50%recycled material,20%post consumer •% CITY OF RENTON Construction Permit Permit Number C 9 8 0 3 0 0 Permission is hereby given to do the following described work, according to the conditions hereon and according to the approved plans and specifications pertaining thereto, subject to compliance with the Ordinances of the City of Renton. • Work Description INSTALL WATER, SEWER, STORM ST FOR WHISPERING PINE PER APPROVED DRAW #2730 PARCEL # CONFIRMED BY PROP MGMT Job Address 2612 JONES AV NE JONES AV NE BENNETT NANCY 2612 JONES AVE NE RENTON WA Contractor GARY MERLINO CONST CO INC Contractor's License GARYMCC150MW 9125 10TH AVE S Contractor's Phone (2 0 6) 7 6 2-912 5 S EATTLE, WA 9 810 8 City License R4 016 Contact NORTHWARD PROPERTIES Contact's Phone 42 5-74 7-172 6 Other Information Date Issued 12/15/1998 Work Order 8 82 83 Date of Expiration 0 6/13/19 9 9 Parcel Number 3343 9 0-2 0 64 Date Finaled Inspector's Name TOM MAIN Inspector's Phone 2 0 6-9 9 9-18 3 3 It is understood that the City of Renton shall be held harmless of any and all liability, damage or injury arising from the performance of the work described above. You will be billed time and material for any work done by City staff to repair damages. Any work performed within the right-of-way must be done by a licensed, bonded contractor. Call 425-430-7203 one working day in advance for inspections. Locate utilities before excavating. Call before you dig-48 Hour Locators 1-800-424-5555 • I hereby certify that no work is to be done except Subject to compliance with the Ordinances of the as described above and in approved plans, and that City of Renton and information filed herewith this all work is to conform to Renton codes and permit is granted. ordinances. y X XeVM - Applicant Public Works Rep THIS PERMIT MUST BE POSTED AT THE JOB SITE AT ALL TIMES. BD3203f 07/98 iif CITY C RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator May 27, 1999 Mr. Dick Gilroy Northward Homes, Inc. 1560 - 140th Ave NE Suite 100 Bellevue, WA 98005 SUBJECT: WHISPERING PINE LANE PLAT UTILITY COMPLETION AND ACCEPTANCE OF UTILITIES REQUIREMENTS (RSTW 2730) C980300 LUA 99-066FP Dear Mr. Gilroy: Staff has reviewed the above-subject plat and has made the following comments. Many of the items were covered in my January 26, 1999 correspondence, and I only make quick reference to them again in this letter as a method of tracking them. Please note that there may be additional corrections as supplemental information becomes available. Once all of the comments have been fully addressed please resubmit three bluelines. Construction Concerns: The construction permit for the project must be signed off by the inspector, Steve Pinkham, prior to completing project close-out. As-Built Concerns: Submit the As-Built drawings. Construction Cost Data Concerns: Submit the Cost Data and Inventory Form, the Bill of Sale and the Maintenance Bond. Final Plat Recording Concerns: • Note the City's land use action number (LUA-99-066-FP) and the City's land record number (LND-10-0331) on the drawing in the spaces provided. • Note the curve data and distances for the two curves on the north line of proposed Lot 11 on the drawing and note the bearing to center of the curve on the south line of the proposed Lot 1 . • Complete City of Renton Monument cards, with reference points for right of way monuments. • See the attachment for addresses. The addresses need to be noted on the drawing. • See the Aquifer Protection Notice attachment for a recent update to the language contained therein. 1055 South Grady Way- Renton, Washington 98055 ®This paper contains 50%recycled material,20%post consumer Whispering Pine Lane Plat C80300 LUA 99-066FP Page 2 of 3 • If the Record of Survey by Ringel, the Agreement to Resolve and the Quit Claim Deed documents have been recorded, note the recording numbers in the spaces provided (Sheet 2 of 3). • Exhibit "A of the Declaration of Covenants, Conditions and Restrictions document, which was attached to the final plat submittal package, does not note the legal description of the subject property, as it should. • Label the dark (dash three dots dash) line shown on Tract 100 on sheet 3 of 3. • Revise note 4 under Easements and Restrictions (page 1 on the face of the plat) to read as follows: "The Native Growth Protection Area (NGPA) on this plat is identified as Tract 100 and includes the steep slopes, wetland and buffer area. The creation of the Native Growth Protection Easement (NGPE) conveys to the public a beneficial interest in the land within the Easement Area. This interest shall be for the purpose of preserving native vegetation for the control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat. The Native Growth Protection Easement imposes upon all present and future owners and occupiers of the Easement Area, enforceable on behalf of the public by the City of Renton, to leave undisturbed all trees and other vegetation within the Easement Area. The vegetation within the NGPE may not be cut, pruned, covered by fill, removed or damaged without express written permission from the City of Renton, provided however, that the owner of underlying property may install landscaping and may also maintain storm drainage facilities. The right of entry granted herein shall apply to the agents, representatives and employees of the Homeowner's Association or subsequent owner of the underlying property." Declaration of Covenants, Conditions and Restrictions Document: This form has been reviewed by the City Attorney and is approved as to legal form. Plat Recommendations Completion Concerns: Recommendation number 2 of the Hearing Examiners Report states that the applicant shall screen the two parcels located on either side of the new roadway with fences and landscaping. This work needs to be completed prior to presenting the plat to the City Council. If you choose you may make an application to the Board of Public Works and request that this item be deferred. If the Board does approve the request the appropriate security device will need to be submitted prior to the recording of the plat. The Board requires two weeks to review the application request. Fees: • The applicant shall pay the Traffic Mitigation Fee of $7162.50 prior to the recording of the plat. • The applicant shall pay the Parks Mitigation fee of $530.76 per new single family lot prior to the recording of the plat. • The applicant shall pay the Fire Mitigation fee of $488 per new single family lot prior to the recording of the plat. Wiispering Pine Lane Plat C i0300 LJA 99-066FP Page 3 of 3 I is a team effort of all of the above City Divisions and you, your engineer, your contractor nd your surveyor to get your plat to final plat approval. If you have any questions, please contact me at 425-430-7298. I will be working with you and your contractor to bring both tie construction process and the final plat process to closure. Thank you for your cooperation. incerely, 4,7,..eic, lB\' brneta Henninger E ngineering Specialist [Development Services Division F c: Neil Watts Bob MacOnie File LUA 99-O66FP CITY 0 E' RENTON ..LL Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator April 30, 1999 Mr. Dick Gilroy Northward Homes, Inc. 1560— 140th Avenue NE Suite 100 Bellevue, WA 98005 SUBJECT: Whispering Pines Final Plat Project No. LUA-99-066,FP Dear Mr. Gilroy: 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. You will be notified if any additional information is required to continue processing your application. Please contact me, at (425) 430-7298, if you have any questions. Sincerely, d2'''-' 1-1-72-- Ameta Henninger Project Manager ACCEPT 1055 South Grady Way-Renton,Washington 98055 ®This paper contains 50%recycled material,20%post consumer DEVELOPMENT'SERV.I:CES DIVISION � 71. � •••• P:ROPERTY:'OWNERIIS� PROJECT INFORMATION Note: ff there is more; han one fegal owner please attach an additional notarized Master Application>fa�each.owner, PROJECT OR DEVELOPMENT NAME: NAME: NORTHWARD HOMES , INC. WHISPERING PINE LANE PROPERTY/PROJECT ADDRESS(S)/LOCATION: ADDRESS: 1560 140th. Avenue N.E. NE 26th PLACE and JONES AVENUE NE Suite 100 CITY: BELLEVUE ZIP: 98005 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 3343902064 TELEPHONE NUMBER: 4 2 5—7 4 7—17 2 6 EXISTING LAND USE(S): RESIDENTIAL APPLICANT (if.other than owner} PROPOSED LAND USES: NAME: RESIDENTIAL COMPANY (if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applica N/A U CITY: ZIP: EXISTING ZONING: Q R—8 Al440 Cl,A .o TELEPHONE NUMBER: PROPOSED ZONING (if applicable): qQ its N/A /, 9 CONTACT PERSON I.-- SITE AREA (SQ. FT. OR ACREAGE): NAME: DICK GILROY 2 . 8 ACRES COMPANY (if applicable): NORTHWARD PROJECT VALUE: $123 ,500 . 00 • ADDRESS: 1560 14 0 th. AVENUE N.E. IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? SUITE 100 NO CITY: BELLEVUE ZIP: 98005 IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTAL ' SENSITIVE AREA? NO TELEPHONE NUMBER: 425-747-1726 tack s� ,.r$te sheet if' nec esssr E AL'DES•_.•..PT• IO•N OF •PROPERTY At ) ::<:»>` :»<:'<>>: • • • TYPE OF APPLICATION & FEI=S Check all application types that apply City;staff wilt determine fees .. —ANNEXATION $ SUBDIVISION: _ COMP. PLAN AMENDMENT $ _ REZONE $ _ LOT LINE ADJUSTMENT $ — SPECIAL PERMIT $ _ SHORT PLAT $ _TEMPORARY PERMIT $ _TENTATIVE PLAT $ — CONDITIONAL USE PERMIT $ _ PRELIMINARY PLAT $ _ SITE PLAN APPROVAL $ Icx FINAL PLAT $COO.CK0 _GRADE & FILL PERMIT $ (NO. CU. YDS: 1 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 — ENVIRONMENTAL REVIEW $ REVISION $ AFFIDAVIT )F OWNERSHIP' I, (Print Name)R 1 chard G 1 -I roy, declare 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 an, hhIltg, b +..•ss,.. '. Oi.. ATTEST: Subscribed and sworn to• 0 BiI)ktg d*'�and Richard Gilro / for the State of Wash. residrg at„ K . ,. (Na" - o • , /• - err sen .tive) Be Levu , ont�0de.ef0 ........ • �, / • IApri 1 19�, ��: Pi. o ;o 5 �� Ai pip�'.• -21-01 •. ��: Signature of Ow •r/R•-sentative) 0 ,j7J/L, nature of Notary Public) �1lgg , s‘%- (7 is section to ba completed by C.ty Staff 1 City File Number A >AAD BSP :CAP S, CAP-U CPA CU A CU H ECF LLA MHP FPUD PP R RVMP SA A SA H SHPL'A SI-$PL H SP SM SME TP"; V A V8 VH W TOTALF EES $ [�„ TOTAL POSTAGE PROVIDED $ ►4 MASTERAP.DOC REVISED 8/97 SCHEDULE A-4 POLICY NO. 380771-5KA THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF WASHINGTON, COUNTY OF KING AND IS DESCRIBED AS FOLLOWS : THAT PORTION OF TRACTS 255, 256, 257, 275, 276 AND 277 OF C.D. HILLMAN' S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO. 4, ACCORDING TO PLAT RECORDED IN VOLUME 11 OF PLATS AT PAGE (S) 82, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF TRACT 277; THENCE SOUTH 89°43' 59" EAST 114 .44 FEET ALONG THE NORTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°43 ' 59" EAST 517 . 18 FEET; THENCE SOUTH 0°34' 06" WEST 221 . 97 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 255 ; THENCE SOUTH 89°59' 33" WEST 517 . 62 FEET ALONG THE SOUTHERLY LINE OF TRACTS 255 AND 275 ; THENCE NORTH 0°33 ' 45" EAST 80 . 05 FEET; THENCE NORTH 89°52' 13" WEST 94 . 15 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°34' 02" , HAVING AN ARC LENGTH OF 31 . 26 FEET TO A POINT ON THE EAST LINE OF JONES AVENUE; THENCE NORTH 0°33' 45" EAST 90 FEET ALONG SAID LINE; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET AND FROM A TANGENT BEARING SOUTH 0°33'45" WEST THROUGH A CENTRAL ANGLE OF 90°25' 58" HAVING AN ARC LENGTH OF 31 .57 FEET; THENCE SOUTH 89°52' 13" EAST 94 .29 FEET; THENCE NORTH 0°33 ' 45" EAST 94 .40 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS PARCEL 3 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. 010-86, RECORDED UNDER RECORDING NO. 8609229011 . ) J-10/92 PAGE 4 jmm CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) MITIGATION MEASURES APPLICATION NO(S): LUA-97-135,PP,ECF,V APPLICANT: O.L.D.S. Group, Mr. Robert O'Connell PROJECT NAME: The Plat at Whispering Pines DESCRIPTION OF PROPOSAL: The applicant, Mr. Robert O'Connell of The O.L.D.S. Group, requests preliminary plat approval and environmental review for the development of a 11 -lot plat on 2.8 acres. A variance is also requested in order to construct a stormwater flow spreader at the toe of the steep slope adjacent to a Category II wetland. The new lots would range in size from 5,750 square feet to 13,242 square feet. An existing home would be demolished for the proposal LOCATION OF PROPOSAL: 2612 Jones Avenue NE MITIGATION MEASURES: 1. The applicant shall follow the recommendations of the geotechnical engineering study as prepared for the subject parcel by Earth Consultants, Inc. 2. The applicant shall pay the applicable Transportation Mitigation Fee, at a rate of$75.00 per each new average daily trip attributable to the project. The fee is payable prior to the recording of the plat. The applicant would need to revise the construction mitigation plan to restrict construction- related traffic to the hours between 8:30 a.m. to 2:00 p.m. during the school year, and to the off- peak hours between 8:30 a.m. and 3:30 p.m. during the months school is not in session, unless approved in advance by the Development Services Division. 3. The applicant shall pay a Park's Department mitigation fee of $530.76 per each new single family dwelling unit. The required mitigation fee shall be paid prior to the recording of the plat. 4. The applicant shall pay the appropriate Fire Mitigation Fee equal to $488 per single family residential lot. The Fire Mitigation Fee is payable prior to the recording of the plat. 5. a) The grading of the new intersection at Jones Avenue NE shall lower the peak grade of NE 26th to 261.5 feet to help insure that the runoff from this section of new street is properly conveyed to the east side of Jones Avenue NE, rather than sheet flow across the street to the west side of Jones Avenue NE. b) The final engineering plans for the site shall include the use of infiltration discharge design where possible for the single family structures. c) The final drainage control plans for the site shall be designed to discharge: one-half of the 2- year pre-developed discharge through the two-year design storm; one-half of the 10-year pre- developed discharge through the 10-year design storm; and, with overflow occurring when the 100-year design storm with thirty percent (30%) factor of safety detention are exceeded. d) The final drainage control plans for the site shall provide a split-discharge design to discharge the two-year (2-year) and ten-year (10-year) design storms directly into the wetland. Furthermore, the plans shall provide for the diversion of flows from storms greater than the ten- year design storm into the Kennydale Stormwater Interceptor. CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) ADVISORY NOTES APPLICATION NO(S): LUA-97-135,PP,ECF,V APPLICANT: O.L.D.S. Group, Mr. Robert O'Connell PROJECT NAME: The Plat at Whispering Pines DESCRIPTION OF PROPOSAL: The applicant, Mr. Robert O'Connell of The O.L.D.S. Group, requests preliminary plat approval and environmental review for the development of a 11 -lot plat on 2.8 acres. A variance is also requested in order to construct a stormwater flow spreader at the toe of the steep slope adjacent to a Category II wetland. The new lots would range in size from 5,750 square feet to 13,242 square feet. An existing home would be demolished for the proposal LOCATION OF PROPOSAL: 2612 Jones Avenue NE Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. Plan Review- Transportation 1. City Code states that the width of proposed residential street right-of-ways is required to be 50 feet. However, Section 4-34-12D. of the Street Standards states that reduced right-of-way dedication may be approved for residential access streets for new street within a short plat or subdivision to 42 feet when the extra area is used for the creation of an additional lot which could not be platted without the reduction, or when the platting with the required right-of-way width results in the creation of lots with less than 100 feet in depth. The Department may require additional easements be provided for the franchise utilities outside of the dedicated right of way when such a right-of-way reduction is approved. 2. The cul-de-sac is required to have a 55-foot radius and an improved paved cul-de-sac radius of 45- feet minimum. 3. Sidewalks are required adjacent to the curb. The sidewalks shall be a minimum width of six (6) feet. 4. Street lighting is required to City standards. 5. A traffic mitigation fee of$75.00 per each new single family residence will be required. The fee is discussed in the mitigation measures and is estimated to be $7,162.50 (9.55 trips x 10 new homes= 95.5 new daily trips x$75.00 per trip = $7,162.50). The fee is due prior to recording of the plat. 6. A vertical roadway profile is required during the review of the civil (construction) drawings. Also, the vertical profile at the approach to the intersection with Jones Avenue NE is required. Plan Review- Water 7. A fire hydrant is required to be within 300 feet of each structure. One fire hydrant must be able to deliver 1,000 gallons per minute of fire flow. Hydrants must be located in conformance to Fire Department standards. 8. The Water System Development Connection Charge is $850 per lot. 9. Construction drawings are required to meet City of Renton Drafting Standards. 10. Water main extension size and valve locations need to be shown on the conceptual utility plan. The Plat at Whispering Pines LUA-97-135,PP,ECF Advisory Notes (Continued) 11. Pressure relief valves need to be noted and shown on the drawings if they will be required. 12. The construction plans should show the finished floor grades. 13. A vertical profile will be required during the review of the construction (civil) drawings. Plan Review-Surface Water 14. Drainage system and temporary erosion control plans for the site shall be designed in accordance with the 1990 King County Surface Water Design Manual, as adopted by the City of Renton. Surface Water(SDC) fees of$385 per each new single family lot will be required. 15. As part of the Kennydale Interceptor Project, a separate storm main will be constructed through the northeast corner of the site. The runoff form this site should be directed to this new storm sewer main. Installation of a flow spreader at the base of the slope will be allowed, if the plat drainage system is constructed prior to construction of the new public storm sewer main. 16. Runoff collected from pavement and gravel surface with vehicle access/parking must flow through oil/water separator and an adequate quality control system. 17. The proposed project is located in the Aquifer Protection Area Zone 2. 18. Through curb inlet will be required at the bottom of the cul-de-sac and at vertical sags (two catch basins required so as to not cause flooding.) 19. The project is constructing more than 5,000 square feet of impervious surface subject to vehicular use and is required to provide water quality treatment by biofiltration or wetvault. The drainage report indicates that the project will provide water quality treatment by over-sizing the detention vault, but no calculations were provided. The detention/water quality treatment wetvault has to be sized to meet the design criteria for a wetvault in addition to the design criteria for a detention vault. The vault will need a minimum of one-foot of dead storage for sediment accumulation along with the water quality treatment storage equal to one-third (1/3)the two-year, 24-hour storm volume, plus the required detention volume. The drainage report will need to be revised to show that the sizing of the project detention/wetvault meets City design standards as part of the project construction plan review. Plan Review- Wastewater 20. The proposal will need to be coordinated with the City's Kennydale Sewer Interceptor, that has been designed to go across the plat (northeastern corner of the subject site). Construction of the Kennydale Sewer is expected to occur in the next year. 21. The project would be subject to a Water System Development Connection Charge of$585 per lot. Fire Prevention 22. The minimum fire flow for the single family structures is 1,000 gpm with one fire hydrant within 300 feet of the structure. If the square footage of any of the single family structures exceeds 3,600 square feet (total floor area including garage and basements), the fire flow would increase to a minimum of 1,500 gallons per minute (gpm) with two fire hydrants required within 300 feet of the structure. 23.. The fire mitigation fees are applicable at the rate of$488 per single family building: Eleven (11) single family units x$488.00 = $5,368.00. The fire mitigation fees are discussed under the mitigation measures. The fee is due prior to recording of the plat. Parks and Recreation 24. The Parks Mitigation Fee applies to this proposal and is discussed in Mitigation Measures. The fee will be charged at a rate of$530.76 per each new single family residential home. The fee is estimated to be $5,838.36 (11 homes x$530.76 = $5,838.36) and is due prior to recording of the plat. Property Services 25. Several comments regarding the preliminary plat drawings were submitted and will be forwarded to the applicant separately. The Plat at Whispering Pines LUA-97-135,PP,ECF Advisory Notes (Continued) General 26. 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. CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) APPLICATION NO(S): LUA-97-135,PP,ECF1 V APPLICANT: O.L.D.S. Group, Mr. Robert O'Connell PRCJECT NAME: The Plat at Whispering Pines DESCRIPTION OF PROPOSAL: The applicant, Mr. Robert O'Connell of The O.L.D.S. Group, reque: preli ninary plat approval and environmental review for the development of a 11 -lot plat on 2.8 acres. A variance is al requ:sted in order to construct a stormwater flow spreader at the toe of the steep slope adjacent to a Category II wetlar The iew lots would range in size from 5,750 square feet to 13,242 square feet. An existing home would be demolish for the proposal LOCATION OF PROPOSAL: 2612 Jones Avenue NE LEA) AGENCY: City of Renton Department of Planning/Building/Public Works Development Planning Section The City of Renton Environmental Review Committee has determined that it does not have a probable significa adv( rse impact on the environment. An Environmental Impact Statement (EIS) is not required under RC` 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under the authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impact iden ified during the environmental review process. Comments regarding the environmental determination must be filed in writing on or before 5:00 PM January 0' 1998. Any aggrieved person feeling that the environmental determination of the Environmental Review Committee based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could n be reasonably available at the time of the determination may submit written comments. After review of the comments, Environmental Review Committee finds there is not sufficient evidence to amend its original determination, then the will be no further extension of the appeal period. Any person wishing to take further action would need to file a form I appeal within the original 15-day timeframe. Written comments must be filed with: Jana Huerter, Land Use Revir Supervisor, City of Renton Development Services Division, 200 Mill Avenue South, Renton, WA 98055. If an appeal I the environmental determination is also filed with the Hearing Examiner during the same 15-day comment period, the the Environmental Review Committee will first take action on the request for reconsideration and the appellant will I notified that the appeal is on hold pending the Committee's decision on the reconsideration request. The City will not: the appellant/person requesting reconsideration and parties of record and the Hearing Examiner of the Environment Review Committee's final determination. The appeal process will then be continued unless the appellant notifies tl Hearing Examiner in writing that he wishes to withdraw the appeal. Appeals of the environmental determination mu be filed in writing on or before 5:00 PM January 05, 1998. Appeals must be filed in writing together with the requii $75.00 application fee with: Hearing Examiner, City of Renton, 200 Mill Avenue South, Renton, WA 98055. Appeals the Examiner are governed by City of Renton Municipal Code Section 4-8-11 B. Additional information regarding th appeal process may be obtained from the Renton City Clerk's Office, (425)235-2501. PUE LICATION DATE: December 22, 1997 DAl E OF DECISION: December 16, 1997 SIG NATURES: igellefA ,,-,4,, /41/0'7 4jG el Zimpi mx itvelfi drrfinistrator DA E Depart errt of Planning/Building/Public Works -r�t�i 2 - ,,,,et'�i / -_ / j -- Sam Chastain, ministrator DATE Community Se ice Departme P- i z� eC /2-'-�( -q* — Lee Whee er, Fire Chief DATE Renton Fire Department DNS ASIG.DOC • J€7 Plr-C k /0/,' A r n.e-F4 February 2, 1998 OFFICE OF THE HEARING EXAMINER DEVELOPMENT PLANNIN( CITY OF RENTON CITY OF RENTON REPORT AND RECOMMENDATION F E B 0 2 1998 APPLICANT: Robert O'Connell,Jr. RECEIVED Plat of Whispering Pines File No.: LUA-97-135,PP,V LOCATION: 2612 Jones Avenue NE SUMMARY OF REQUEST: Request preliminary plat approval to subdivide 2.8 acres into 11 lots for single family homes. Variance requested to construct stormwater flow spreader at toe of steep slope adjacent to Category II wetland. SUMMARY OF ACTION: Development Services Recommendation: Approve with conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on January 6, 1998. PUBLIC HEARING: After reviewing the Development Services Report,examining available information on file with the application,field checking the property and surrounding area;the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the January 13, 1998 hearing. The legal record is recorded on tape. The hearing opened on Tuesday,January 13, 1998,at 9:06 a.m. in the Council Chambers on the second floor of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No.2: Vicinity map application,proof of posting,proof of publication and other documentation pertinent to this request. Exhibit No.3: Preliminary plat map Exhibit No.4: Preliminary plat map with grading plan The hearing opened with a presentation of the staff report by JENNIFER HENNING,Project Manager, Development Services, City of Renton,200 Mill Avenue South,Renton,Washington 98055. The applicant requests approval to subdivide a piece of property into 11 parcels for construction of individual single family Robert O'Connell,Jr. Plat of Whispering Pines File No.: LUA-97-135,PP,V February 2, 1998 Page 2 homes. The subject property is located in the east Kennydale portion of the City. It is on the east side of I-405 near the N. 30th exit. The boundaries of the site are Jones Avenue NE on the west,NE 28th on the north and NE 24th on the south. The northwest portion of the site is relatively flat and has an existing two-story shop building that would be demolished. The northeastern portion of the parcel has a Category II wetland and a steep slope of about 60 to 65 percent. This is considered an unbuildable area. The applicant is proposing to record a native growth protection easement on this portion of the plat. The City has recorded an easement for utilities through this property to construct its East Kennydale sewer and storm water interceptor lines. The 11- lot plat was considered by the Environmental Review Committee(ERC)and they issued a Determination of Non-Significance-Mitigated in mid-December. The City's easement comes in from the east portion of the site,goes east-west then turns slightly northwest and then north. It would be located along the north side of proposed Lot 5 and Lot 6,cross the cul-de-sac and then come through a portion of proposed Lot 4. That has been recorded by the City and construction of the proposed utilities is anticipated to begin this spring. The applicant also requests a variance from City Code Section 4-9-5.D in order to construct storm water facilities down the steep slope and adjacent to a Category II wetland. There is a 12-inch storm water line to be built on the slope below ground. It would connect to a flow spreader that would be located at the toe of the slope adjacent to the wetland. It would be within the 50 foot wetland buffer,but it would also be within 25 feet of the edge of the wetland. The 11 lots would range in size from 5,600 to 8,914 square feet. This is above the City's minimum of 4,500 square feet for the R-8 zone in which this property is located. There would be a new public street which is NE 26th. It would be extended from Jones Avenue NE to the east and would serve the 11 lots and end in a cul-de- sac. The right of way would be 50 feet wide at its intersection with Jones. It would reduce within the plat to 42 feet in width beginning where Lots 1 and 11 are located. It would include the required 32 foot travel lane with 6 foot sidewalks, but only 5 feet of those sidewalks would be within the right of way. The additional one foot would be in a 10 foot wide easement which would also include utilities and a planting strip. That would be located either in the front yard area or pipestem area for the proposed lots. A storm water vault would be constructed underground within the cul-de-sac area. The ERC assigned several mitigation measures to the proposal, including following recommendations of the geotechnical engineering study, and paying the parks,traffic and fire mitigation fees. There were also mitigation measures associated with storm drainage: (1)grading of the new street at its intersection with Jones should be accomplished in order to make sure the runoff from the section of new street is conveyed to the east side of Jones NE rather than have it sheet flow across Jones to the west side;(2)final engineering plans shall include the use of infiltration discharge design where possible;(3)final drainage control plans shall be designed to discharge one-half of the two year predeveloped discharge through the two year design storm,one- half of the ten year predeveloped discharge through the ten year design storm,and with overflow occurring when the 100 year design storm with a 30 percent factor of safety detention are exceeded; (4)final drainage control plans shall provide split discharge design to discharge the two-year and ten-year design storms directly into the wetland. Furthermore,the plans shall provide for the diversion of flows from storms greater than the 10 year design storm into the Kennydale storm water interceptor. Regarding the variance request,the applicant would have to remove vegetation from the steep slope area in order to construct the storm water facility line as well as within 25 feet of the wetland to construct the flow Robert O'Connell,Jr. Plat of Whispering Pines File No.: LUA-97-135,PP,V February 2, 1998 Page 3 spreader. The line would be buried 3 to 8 feet below the surface. Large equipment would be needed for installation of the pipe. There is no need to keep the area clear for maintenance. The presence of the steep slope and wetland area reduces the area available for the applicant to develop homes. The proposal for 11 homes is near the minimum net density that is allowed by this zone classification,which is 5 units to the acre or a maximum density of 8 units to the acre. The applicant has achieved a density of 5.94 units to the acre.The applicant's request for the variance to locate the site's storm facilities on the slope and adjacent to the wetland is in response to a desire to meet the minimum net density requirements,given the constraints of the site. In addition,the City's wetland ordinance allows the use of buffers in wetland areas for storm water discharges and storm water dispersion facilities as long as they meet the requirements and tests of the City's surface water drainage ordinance. It is possible to construct the discharge conveyance pipe dispersion facilities outside the buffer and wetland area; however, it could constitute a threat to downstream areas. The impact on the proposed plat, surrounding properties and the public welfare would allow for the release of storm waters at their natural location,disbursed to minimize channelization and erosion of the wetland areas and the buffer. Staff would recommend that the applicant revegetate the disturbed portion of the slope immediately following installation of the line. For areas within the wetland buffer,revegetation should be accomplished in consultation with a wetlands biologist,a wetlands ecologist or landscape architect that has expertise in wetlands. Pertaining to the preliminary plat criteria,this area is designated residential single family in the Comprehensive Plan(CP)and the zoning designation is R-8 with a minimum lot size of 4,500 square feet. Other plats in this area include Sunset Hills to the south with lot sizes of about 7,200 square foot minimum which were achieved under the old zoning code. La Mesa is located to the northeast with minimum lot sizes of 4,500 square feet. There are other larger parcels that have yet to subdivide in this area. This proposal meets the intent of lot arrangement criteria. It appears that the lots meet all the minimum setbacks,minimum size,width and depth. This particular project would generate about 105 new average daily traffic trips. The access would be from Jones. The two lots that front on Jones would be impacted by additional noise and headlight glare. There may be a need for some measure of fencing or landscaping that could help prevent the impacts to those adjacent property owners. There are public services to serve this site. There are parks within a one mile area. Renton School District has informed the City that there is space available in their system. This particular proposal would be expected to generate about 8.5 students. In terms of storm water, about.7 acres of the site presently discharges to the west to Jones Avenue. The east 2.11 acres is meadow,wetland buffer and slope. The site is located within Zone 2 of the Aquifer Protection Area. Staff would recommend approval of this plat subject to several conditions: (1)compliance with the ERC mitigation measures;(2)drafting of a homeowner's association or maintenance agreement. This agreement or association would be responsible for all common plat improvements and also for the payment of taxes and maintenance of the native growth protection area easement. (3) Establishment of the native growth protection area to be defined and recorded on the face of the plat. The applicant/owner would be required to adhere to City code requirements for such areas. (4) Revegetation of the hill slope portions that are disturbed by installation of the storm water line,to be accomplished immediately following the installation of the storm water line and the flow spreader. A wetlands biologist,wetlands ecologist,or landscape architect with expertise in wetlands to provide the expertise with regard to revegetation plantings. Robert W. O'Connell. Jr.,Olds Group, 4620 200th SW,Lynnwood, Washington 98036, applicant herein, explained the various natural restrictions of this parcel and how they arrived at the locations of the detention Robert O'Connell,Jr. Plat of Whispering Pines File No.: LUA-97-135,PP,V February 2, 1998 Page 4 vault, storm water line and flow spreader. Concerning the width of the possible construction going down the slope,he stated that at its widest it would be approximately 15 to 20 feet wide. Regarding the two lots on Jones,the current access is steep coming off of Jones and rises very fast as it goes to the east. It will be dropped approximately 2 to 3 feet from where it is now in order to satisfactorily take care of drainage. In the area that is adjacent to those two lots where there is a 50 foot right of way, slope transitions must be made. The plan is for a stub wall to the north and a short rockery on the south. Neil Watts,Plan Review Supervisor,Development Services,City of Renton,200 Mill Avenue S,Renton, Washington 98055, stated that once the final sizing and construction of the detention vault was accomplished,a geotech would be required to certify that it will work. As far as drainage,staff would be working with the engineer to get as much infiltration as possible. The soils here are expected to be excellent for infiltration and what would be preferred is a mixture of infiltration and some detention with water quality treatment for the roadway itself and use of infiltration with overflow systems to the pipe system. The Examiner called for further testimony regarding this project. There was no one else wishing to speak,and no further comments from staff. The hearing closed at 10:05 a.m. FINDINGS.CONCLUSIONS&RECOMMENDATION Having reviewed the record in this matter,the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Robert O'Connell,Jr., filed requests for approval of an 11-lot Preliminary Plat together with a variance to allow removal of trees for a utility line on a steep slope and within 25 feet of a wetland buffer. 2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA)documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC),the City's responsible official, issued a Declaration of Non-Significance- Mitigated(DNS-M)for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 2612 Jones Avenue NE. The subject site is located north of NE 24th Street and west of Aberdeen. Kennewick Place NE and NE 27th Street are located north of the subject site. I-405 is located one block west of the subject site. 6. The subject site is zoned R-8 (Single Family; Lot size-4,500 square feet). The site received this zoning in June 1993. 7. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single family uses, but does not mandate such development without consideration of other policies of the Plan. 8. There is a workshop building on the site. Most of the site is pasture. Robert O'Connell,Jr. Plat of Whispering Pines File No.: LUA-97-135,PP,V February 2, 1998 Page 5 9. The site is actually served by a pipestem-type driveway to Jones that is 50 feet wide. This pipestem would be extended into the interior of the site to act as a public street,NE 26th Place. (see below) 10. The subject site is approximately 2.8 acres. The subject site is nearly rectangular. The site is approximately 518 feet deep(east to west)by approximately 222 feet wide. 11. The site slopes steeply down in its northeast corner at grades of approximately 65 percent(65%). At the bottom of this slope is a Category II wetland. These constrained areas total approximately.60 acres. 12. The applicant will be creating a plat which basically contains two tiers of lots located on each side of a cul-de-sac public street. Proposed Lots 1 -4(west to east)would be located on the north side of the street. Proposed Lots 5 - 11 (east to west)would be located on the south side of the street. 13. Two of the proposed lots, Lots 5 and 6,are served by pipestem or pipestem-like access driveways. Both meet code. 14. The proposed density of the eleven lot plat will be 5.94 units per net acre. This density falls within the permissible 5.0 to 8.0 dwelling units per acre required in the R-8 Zone. 15. The proposed lots will vary in size from approximately 5,603 square feet to 8,914 square feet. In addition,the northeast corner,the steep slopes,would be set aside as a 26,078 square foot native growth protection easement. 16. The site naturally drains to both the west and the east although the majority of storm water drains to the east. The westerly flow will be handled by systems along Jones. The easterly flow will be detained and then released at a controlled rate down the toe of the steep slope by a stormwater flow spreader. 17. In order to construct the eastern storm water system,trees and vegetation will be removed in a corridor down the steep slope and a trench will be dug and pipe will by laid. 18. Variances are required for any tree removal within 25 feet of a wetland or on slopes in excess of 40%. The proposed storm water system will actually trigger a need for variances since the system will be on a slope in excess of 40%and will be within 25 feet of the wetlands. The applicant has applied for the necessary variance relief. 19. NE 26th Place,the new road that will be constructed,will begin at Jones as a 50 foot wide right-of-way for approximately 100 feet and then narrow to 42 feet for the rest of its length until it ends in a cul-de- sac. 20. This new road will be developed over what is now a pipestem between two existing single family homes. The traffic for these eleven(11) lots will now run immediately between the two lots that surround the pipestem. 21. The development of the site will generate approximately 110 vehicle trips per day. 22. Staff has indicated that the steep drop-off located at the eastern edge precludes continuing the proposed new road to connect to the street grid east of the site. Staff notes that because of this,the proposed cul- de-sac is appropriate. Robert O'Connell,Jr. Plat of Whispering Pines File No.: LUA-97-135,PP,V February 2, 1998 Page 6 23. The proposed plat will generate approximately 8.4 school age children. The students will be spread across the grades and are assigned to Renton School District Schools on a space available basis. 24. The subject site is located within Zone 2 of the Aquifer Protection Zone. 25. The site is located in the Kennydale Sanitary Sewer Sub-basin and a new interceptor intended to serve the general vicinity will actually cross the subject site. The site may be served by two lines as it will be served by two storm systems to exploit gravity as much as possible. 26. The geotechnical studies show that the detention system at the east edge of the steep slope is safe. 27. The applicant will be clearing an approximately 20 foot area in order to perform the installation of the flow spreader line. The trench will vary from approximately 3 feet to 8 feet deep. 28. The site will be revegated and once restored there should be little need to disturb the site again. CONCLUSIONS: Variance for Utility 1. Variances may be granted when the property generally satisfies all the conditions described in part below: a. The applicant suffers undue hardship caused by special circumstances such as: the size, shape, topography, or location where code enforcement would deprive the owner of rights and privileges enjoyed by others similarly situated; b. The granting of the variance would not materially harm either the public welfare or other property in the vicinity; c. The approval will not constitute a special privilege inconsistent with the limitations on other property in the vicinity; and d. The variance is the minimum variance necessary to allow reasonable development of the subject site. The applicant's property appears ripe for the variance requested. 2. The subject site is constrained by both a steep slope and a wetland. Approximately one-fifth of the site is wetland and added to that is a portion of the site which has very steep slopes. This limits the normal development potential of the subject site in ways in which other property in the vicinity is not limited. In order to accommodate the storm water needs of the subject site while preserving the wetland hydrology, a system needs to be developed which can carry water down a steep slope and deposit it near or adjacent to the wetland without causing erosion. The proposed flow spreader appears to offer the appropriate balance. This system due to its very nature must be constructed on steep slopes and within 25 feet of the wetland. In order to accommodate this system,trees and other vegetation will have to be removed to accommodate construction. Robert O'Connell, Jr. Plat of Whispering Pines File No.: LUA-97-135,PP,V February 2, 1998 Page 7 3. The proposal should not ultimately affect either the public welfare or other property in the area. While vegetation will be removed for construction purposes, it will be replanted. Erosion control will be provided to assure that the slope and exposed soils do not erode. In addition,the flow spreader is intended to not only dissipate the erosive force of storm water but also to maintain the wetland hydrology with similar amounts and quantities of storm water as would naturally feed the wetland. 4. Approval in this case will not extend a special privilege to the applicant. The nature of the site and its combination of steep slope and wetlands clearly distinguishes this property from other property in the vicinity. 5. The intrusion will be kept to a minimum while enabling the applicant to disperse storm water and appropriately recharge the wetland aquifer. Preliminary Plat 6. The proposed plat appears to serve the public use and interest. It will create additional single family housing choices in an area that is or can reasonably be served by urban services. It will fulfill the goals of the Comprehensive Plan by providing single family uses which complement those already in the area. 7. The cul-de-sac street is appropriate in this situation. While not assisting in the furthering of the street grid system, it creates a reasonable method of providing access to the interior areas of this larger parcel. 8. The creation of a new street will serve to convert two existing mid-block lots to new corner lots. Where they were once neighbors to a large,essentially undeveloped site with a shop,they will now have traffic for 11 new lots entering a street that was once only a driveway to a single family lot. In addition now to the traffic that exists on Jones,they will be subject to approximately 110 additional vehicle trips along what was their respective sideyards. The applicant shall be required to screen these two parcels with fences and landscaping. 9. The changing road width appears to have been designed to slowly narrow from the 50 foot width to a 42 foot width. This should enhance safety,but if necessary to buffer the two lots noted above,the width shall be narrowed further to accommodate appropriate fencing and landscaping. 10. Most of the proposed lots are rectilinear with side lot lines perpendicular to the street. The lots accessed from the cul-de-sac bulb vary from the desired rectangular shape but approximate it as best they can. 1 l. Under the ERC conditions,the applicant will be mitigating its impacts on streets,parks and fire demand. 12. The varied lot sizes will help blend this development into the existing neighborhood. In addition,the lots of this plat are interior to the existing streetscape along Jones and will not be visible to the majority of existing development in the area. This will help offset any impacts created by the smaller lot sizes found in the proposed plat. 13. In conclusion,the variance and plat appear to be compatible and appropriate for the subject site. Robert O'Connell,Jr. Plat of Whispering Pines File No.: LUA-97-135,PP,V February 2, 1998 Page 8 DECISION: The variance is approved subject to the following conditions: 1. The applicant shall comply with the ERC conditions applicable to the variance and storm drainage requirements. 2. The applicant shall minimize the intrusion and vegetation removal from the corridor in which the storm line is located. 3. The applicant shall revegetate the site and take all necessary interim measures including hydroseeding or other similar actions to assure that erosion is kept to a minimum and all natural vegetation is replanted as soon as possible. RECOMMENDATION: The Preliminary Plat should be approved by the City Council, subject to the following conditions: 1. The applicant shall comply with the ERC conditions. 2. The applicant shall be required to screen the two parcels located on either side of the new roadway with fences and landscaping. The roadway width of the new street where it enters the site from Jones Avenue NE shall be narrowed as necessary below 50 feet in width to accommodate appropriate fencing and landscaping. 3. The applicant/owner shall draft and record a maintenance agreement or establish a homeowners association for the maintenance of all common plat improvements(storm water detention vault, flow spreader,utility easements). A draft of the document shall be submitted to the City for review and approval by the City Attorney prior to the recording of the plat. 4. The applicant/owner shall define and record a Native Growth Protection Easement on the face of the plat for the steep slope and wetland area on the east portion of the property. The applicant/owner shall adhere to the City Code requirements for such areas. ORDERED THIS 2nd day of February, 1998. VaA, FRED J. KAUF N HEARING EXAMINER TRANSMITTED THIS 2nd day of February, 1998 to the parties of record: Jennifer Henning Robert W. O'Connell,Jr. Neil Watts 200 Mill Avenue S 4620 200th SW 200 Mill Avenue S Renton, WA 98055 Lynnwood, WA 98036 Renton, WA 98055 Robert O'Connell,Jr. Nat of Whispering Pines File No.: LUA-97-135,PP,V February 2, 1998 Page 9 Nancy Bennett Richard Fisher 2612 Jones Avenue NE P.O. Box 969 Renton,WA 98056 Sequim,WA 98382 TRANSMITTED THIS 2nd day of February, 1998 to the following: Mayor Jesse Tanner Gregg Zimmerman,Plan/Bldg/PW Administrator Members,Renton Planning Commission Jim Hanson,Development Services Director Art Larson,Fire Marshal Mike Kattermann,Technical Services Director Lawrence J. Warren, City Attorney Larry Meckling, Building Official Transportation Systems Division Jay Covington,Chief Administrative Officer Utilities System Division Councilperson Kathy Keolker-Wheeler South County Journal Pursuant to Title IV,Chapter 8, Section 15 of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m..February 16. 1998. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure,errors of law or fact,error in judgment,or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant,and the Examiner may, after review of the record,take further action as he deems proper. An appeal to the City Council is governed by Title IV,Chapter 8, Section 16,which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the. executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. PRELIMINARY PLAT OF • WHISPERING PINES • PARCEL 3 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. 010-86 LEGAL DESCRIPTION PARCEL 3 PROJECT DATA 30TH ST. 4, row SITE THAT PORTION Cr TRACTS 255,256.257,275,276.277 Cr CD. COMO 29161,2 -__.`510E FNRLY(R-6) HILLMAN'S LAKE WA94INCTON GARDEN OF EDEN GN9CN NO.4,ACCORDING PROPOSTD 20M0 _--WealFNALT(R-6) L TO THE RAT THEREOF RECORDED N VOLUME 11 OF RAM PACE 8Z L ER m -�- " _2.T ACM RECORDS 0E KING COUNTY.WA5MNC701/,DESCRIBED AS iOLLOMS LOT PEROSE O.t3 A•101A0E LOT t�l S-- 6-136 HEGMRaHG AT THE NdtTHMEST CORNER OF TRACT 277; 3f Lot '--' SO'n. ID II ) THENCE SOVTH 69'43'59'EAST 114.44 FEET ALONG THE NORTH LINE OF y/�VI/ ` SAND TRACT TO THE TRUEN POT OF BEG/NNW/9 ROADS H THENCE CONTINUING SOUTH 89'43'59"EAST 517.18 FEET; THENCE SOUTH 00'34'06"REST 221.97 FEET TO A POINT THE SOUTH 8O'9 urtxt _421 LINEAL FEET MA. 3 LINE OF SA/0 TRACT 255; s THENCE SOUTH 8939.33'REST 517.62 FEET ALONG THE SOUTHERLY UNE OF LOT SIZING TRACTS 255 AND 275; THENCE NORTH 00'33'45'EAST 60.05 FEET; THENCE NORTH 8952'13'WEST 94.15 FEET TO THE BEGINNING OF CUR1£TO CROSS NIT RNA(GSA):-.- -.._1.74 4019(171.344 So.FT.) ST. THE LEFT HANNC A RADIUS OF 20 FEET; 6N4 4ROFOSCD M=WA -.._*._.__._._.._._.-._._-0.==/n�af,1=6 50.T.) THENCE ALONG SAD CURVE THROUGH A CENTRAL ANGLE Cr 8914'02'. .MWA N 4N lOI a 0n0i NIntS(1R4LT.A.D.r)........_.711 ACRES(11.111 SO.FT.) MIN HAVING AN ARC LENGTH OF 31.26 FEET TO A PANT ON ME EAST UNE a Grow sR4a own•rrr)41[A _..--_2441I son.(061 4043)6124 or fR Nu M1MAI HOT 1R0114 66 RLT JONES AVENUE: MLA N....am A/11 ._.-__..MISS 110.n.(a.56 N.13)641A OF SIR AREA THENCE NORTH 00'33'45"EAST 90 FEET ALONG SAID LNE: P THENCE SOUTH 0LENGT5'REST THROUGH A CENTRAL ANGLE OF 9075'58' 11 HANNC AN ARC LENGTH CC 31.57 FEET; 1E^, THENCE SOUTH 8932'13'EAST 94.29 FEET: t� THENCE NORM 00'33'45"EAST 94.40 FEET TO THE TRUE POINT OF NOTES > BEGINNING. 1.TO MAD,61•[CIt■ES N1E PROPOMD TO 9E C061R1K.1TD ON R43 NIL f (ALSO KHORN AS PARCEL 3 Cr CITY OF RENTON LOT LINE ADJUSTMENT NO. N 010-66,RECORDED UNDER RECORDING NO.8609229011.) 9TUATE N THE COUNTY OF KING STATE OF WASHNGTGI. VICINITY MAP OWNER / SURVEYOR / ENGINEER NO SCALE OTHER: NANCY BENHETT 2612 JONES AVE.N.E. RENTCN.WASHNGTCN 98056 N.E. 28TH STREET (11%ENGINEER: ROBERT W.O'CONHELL JR. P.E. NO.16093420 ...A..iiI.)2i . SURVEYOR: KEVN VANDERZANDEN P.LS. NO.S0427 V 11[MI RMT ..f CUROC I RADIUS I LENGTH I TANGENT I DELTA RQ,] '•••1•,•..•.•..V. I CI 55.00' 50.59' 27.24' 5742.07' • • ■ ■ ■ eeH -� E TN9i I C2 55.00' 24.14' 12.27' 25'06'49' • ■ • • e t�� C3 ss.ao• 37.er 19s6• 3911 6 40 O 40 90 k C4 55.00' 35.52' 16.40' 3T00.1S SCALE/N FEET S i QI C5 55.00' 22.67' 11.60' 2749'16" W WM C6 25.00', L 11.97' 6.10' 2726'2i • M 4 1 11 >r HAD or 1111 ,4W1( ,Ly N 69.43'59-W 517.18'co..I A u P V1I r 0.29. 060.00' 3 E- -j.j.60.00' 90.07' -I A'..8• 247.83' 8 "�'C 26 IS'GTY OF RENTON 7- 4' ``pµ 1.4 e A I g „ UTTUTY EASEMENT Jlb [.v'�' A-10'21'12' I bra,;6 o. eT `2 >: I I LOT 1 ,., r, W R-5 .:. I +< WETLANDS (TRACT -A').i;ii.3:'tii 841.i :_ � _ L-1•10 A-1395'3Y 26.078 sq.fl. a r 4 1 n 2 ). - 3 , 84 n '�K, R-5G00'5.866 sq.fl. P `a 5,891 sq./l. P a 5,802 sq.11. P a, 7,377 sq. N 29'42'06. E 1'VL-11.43'e NOT PART OF ;a 8 8 8 M• n8•AN6.52' A-0 +a ....,.. 1 a �Q THIS SUBDIVISION R : TRACT 'X-� ''tiii2'1O'WIDE RANTER/ e-74'46'S, S. -,1 393 sq.ft./lJ p.9023'S8' R8 R-23.00' Y2 „AA-4 e`ri _�A-7 R R UTILITY 6 SIDEWAU( L-17.63' �[•A�SMAIA6T sT>IM 2 u k 1 R-31.57' EASEMENTaa• L-31.5 N 89'52'13'W 94.29' -� I \ riA-S A-6!W n --�!r 60.03' 60.00' 60.00' 20.68' 1y .4'.s a 8 p a ESA N.E. 26TH PLACE 9 I ri 8,, .2 \ 2 5 6>o.• ,�/4 < z ; N 8932'1J'W 421.94_ 8 L..r,1 miform pumO R W' d,+ G y� .A 392.50' 4� ¢ RIGHT-OF-WAY _° ► 8 • uaur,RDA / 6 I, b ( g .14 .p I T3.193 aq.lL y • 'R .8 O a,.f 5 • IS•GTr OF RENTIM urn'E9TT • O .,I,u _ N 6939'3J'E }, _ 66.73' 66.73' 60.73' 35.Sa' C6� R Y �1.a 1r■�=b 1 [ ND9321J � T -CS=C4 '/• �� N2) 68.20 E =WiMI VCR My W' -89'J4'02' n Ja,ig�E �'40•N = [.9w 3 U • - 60' 10'W1LIE PLANTER/ •' -31.26' LOT 2 P „I La UTILITY!9OEWALK La ''�• 'l` 334:iili284i) $ ;, in. EASEMENT , u u 5 9 ='^t"T 11 '$ 10 1R'I fl .4"., e 8 r' 7 6 8,9I4 sq.lt. R ^^� 5,750(q.11. �' 3,603 aq./l• 5,639 a ft. r« 7,223 sq.ft. . .� 1` r, 21a (� m 5,773 sq.fl. g 3,762 aq.11. $ tR5RNc 7- g n R- •� - 334390,120 Jo' I NOT PART OF - =a• THIS SUBDIVISION 8 m L 10'FADE MOT FOR $• __ $ SLOPE PROTECTION z T 4 1 t, L..I 68.75' 68.75' --_66.75'�- 69.00' 81.00' z 75.00' 86.35• IN 8959 33 E 517.62' 6 ....i.3 iiii:i i:3F I 324.iii�:iii41 \ \ 11, 3•343902E03 1 - 1 23 22 21 1 20 1 19 YIi I - I u �12/OS/97 I =40 • CITY OF REN. . DEVELOP •ME•NT SERVICES DIVISION MAILBOX REQUtREME [TS CITY NOTICE FOR ALL NEW PLATS AND SHORT PLATS APR 2 6 1999 • The Post Office wants to be involved in helping you locate your mailboxes beforeED begins. Please take a copy of your plat map along with this form to the City of Renton Past Office, 314 Williams Avenue South, for their sign-off. Before we can approve your plat we must have the signed copy in our file. This procedure will save you time and money later if you get approval now. . Propery Location: NE 24 -741 A,4 Ze- I .T4,`f /1 y.�, mac= Owner's Name: AlpX4l,tt/4,r 14-pm� Phone#: t- 7'-'7— /71- Project #: 4144--r%7- I XS • Post Office App va : Date: NORTHWARD April 26, 1999 DEVELOPP 1ENT PIAN 41NG CITY OF RENTON Arneta Henninger APR 2 1999 Development Services RECEIVED Renton City Hall - 6th Fl 1055 South Grady Way Renton, Washington 98055 RE: WHISPERING PINE LANE (fka Whispering Pines) LUA-97-135 FINAL PLAT APPLICATION LETTER Dear Arny: Whispering Pine Lane is substantially complete and ready to begin the final plat process. 1560 140th Ave.N.E. This letter will outline the compliance with the plat and ERC conditions for subject Suite 100 application for final plat. Bellevue,WA 98005 425.747.1726 Per the hearing examiner decision of February 2, 1998: Fax 425.747.4157 www.northward.com Decisions: 1. Application shall comply with ERC conditions and storm drainage conditions. ERC conditions addressed below. 2. Minimize intrusion and vegetation removal when storm line is installed. Complied with. 3. Revegetate slope after storm line is installed. Per agreement with city, slope hydroseeded with erosion control mix. Recommendations: 1. Applicant shall comply with ERC conditions. ERC conditions addressed below. 2. Screen the two adjacent parcels at the entry of the plat. Performance bond will be posted to ensure installation at later date. 3. Applicant shall establish an HOA for the purpose of maintaining common areas. Compile with. Attached. 4. Applicant shall record a NGPE on the face of the plat. Complied with. Attached. Per the City of Renton DNS for LUA-97-135 (ERC conditions) Mitigation Measures: 1. Follow recommendations of Geotechnical study. Complied with design and installation 2. Pay the applicable Transportation Mitigation Fee ($7,162.50). Pay prior to Recording. 3. Pay the applicable Park Mitigation Fee of$530.76 per unit. Pay prior to Recording. 4. Pay the applicable Fire Mitigation Fee of$488.00 per unit. Pay prior to Recording. 5a. Grade intersection at Jones to properly convey storm water. Complied with. 5b. Use infiltration system for roof drains on individual homes. Complied with. 5c. Drainage plans to comply with specified detention and release criteria. Complied with. 5d. Drainage design to split release at predetermined rated between wetland and Kennydale interceptor. Complied with. This completes the plat requirements for Whispering Pine Lane. Your assistance in processing the final plat is greatly appreciated. If you have any questions, please contact me at (425) 747-1726. Sincerely, Northward Homes / Irorfik Richard Gilroy DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF / // f tiirx-i C -**?1‘) [2] COUNTY,WASHINGTON THIS DECLARATION is made as of this day of 1999, by the undersigned, hereinafter referred to as "Declarant." RECITALS A. Declarant owns certain real property located within the State of Washington, which property and improvements are commonly known as [1], and is located on land more particularly described in Exhibit A attached hereto and incorporated herein. B. All Common Areas of the Project are to be shown on the Plat Maps recorded in conjunction with, and/or described in,this Declaration. C. For the benefit and protection of the Project, to enhance its value and attractiveness, and as an inducement to lenders and investors to make and purchase loans secured by Homes and Lots within the Project, Declarant agrees to provide herein for a method of use and architectural control within the Project. NOW,THEREFORE,Declarant hereby declares that the Homes and Lots described herein shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the following uniform covenants, conditions, restrictions, reservations, grants of easement, rights, rights-of-way, liens, charges and equitable servitudes. Any conveyance, transfer, sale, assignment, lease or sublease of a Home or Lot in the Project, shall and hereby is deemed to incorporate by reference all provisions of this Declaration. The provisions of this Declaration shall be enforceable by Declarant, any Owner, the Association, and any first mortgagee of any Home or Lot. ARTICLE 1 INTERPRETATION 1.1 Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Project. 1.2 Covenant Running with Land. It is intended that this Declaration shall be operative as a set of covenants running with the land, or equitable servitudes,binding on Declarant, its successors and assigns, all subsequent owners of the Property, together with their grantees, successors,heirs, executors, administrators, devisees or assigns. 1.3 Declarant is Original Owner. Declarant is the original Owner of all Lots and Property and will continue to be deemed the Owner thereof except as conveyances or documents changing such ownership regarding specifically described Lots are filed of record. 1.4 Captions.Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. 1.5 Definitions. 1.5.1 "Assessments" shall mean the regular and special assessments which the Association may levy against Lots pursuant to the provisions of this Declaration to pay Common Expenses and Home Expenses. 1.5.2 "Association" shall mean the association of Owners provided for in Article 4 and its successors and assigns. F:\WPDATA\PUD\FORMS\000NEW.DEC 1 DEVECITY Loypi\�OFNREN:r Pi u9:9 APR 2 b 19(9 RECEIVED 1.5.3 "Board" shall mean the Board of Directors of the Association provided for in Article 5. 1.5.4 "Builder" shall mean a person or entity who acquires title to one or more Lots for the purpose of, in the ordinary course of business, of constructing Homes for resale. 1.5.5 "Common Area" shall mean all real property(including the improvements thereto)owned by the Association for the common use and enjoyment of the Owners and shall include all Common Area described on the Plat Map or in this Declaration. 1.5.6 "Common Expenses" shall mean those expenses incurred by the Association and paid by Assessments levied against Lots. Common Expenses shall not include Home Expenses. 1.5.7 "Common Expense Percentage"shall mean the portion of the Common Expenses which each Lot must pay. The Common Expense Percentage for all Lots shall be an equal amount. 1.5.8 "Declarant" shall mean the undersigned (being the sole Owner of the real property described in said Exhibit A hereof)and its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development and by written instrument in recordable form be specifically assigned the rights and duties of Declarant. 1.5.9 "Declaration" shall mean this declaration and any amendments thereto. 1.5.10 "Home" shall mean and refer to any structure, or portion of a structure, located on a Lot, which structure is designed and intended for use and occupancy as a residence or which is intended for use in connection with such residence.Except as otherwise expressly provided in this Declaration,a Home shall be deemed to exist: for purposes of voting and Association membership,both when the dwelling unit has been constructed and as well as the dwelling unit has not been constructed but when the Owner of a Lot has a right to construct a dwelling unit or units on said Lot; and for purposes of assessments,only when the dwelling unit has been constructed as evidenced by the issuance of a certificate of occupancy. 1.5.11 "Home Expense" shall mean those expenses incurred by the Association solely relating to or benefiting Homes (and not Common Areas). 1.5.12 "Lot"shall mean and refer to any plot of land shown upon any recorded Plat Map of the Property, excluding Common Areas.Ownership of a Lot shall include ownership of the Home and improvements now or hereafter constructed on such Lot. "Lot" shall not include any land now or hereafter owned by the Association or by all of the Lot Owners as tenants-in-common,nor include any land shown on the Plat Map but dedicated to the public or to a governmental entity. 1.5.13 "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. 1.5.14 "Mortgagee" shall mean the beneficial owner, or the designee of the beneficial owner, of an encumbrance on a Lot created by mortgage or deed of trust and shall also mean the vendor, or the designee of a vendor, of a real estate contract for the sale of a Lot. 1.5.15 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property, and, except as may be otherwise expressly provided herein, shall,in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. Any person or entity having such an interest merely as security for the performance of an obligation shall not be considered an owner. 1.5.16 "Person" shall include natural persons,partnerships,corporations, associations and personal representatives. F:\WPDATA\PUD\FORMS\000NEW.DEC 2 c . • 1.5.17 "Property," "Project," or "Premises" shall mean the real estate described in Exhibit A and all improvements and structures thereon,including such additions thereto as may hereafter be brought within the jurisdiction of the Association. 1.5.18 "Plat Map" shall mean the Plat Maps recorded in conjunction with this Declaration, which Plat Maps depict the layout of the Lots on the Property. 1.6 Percentage of Mortgagees. For purposes of determining the percentage of first mortgagees approving a proposed decision or course of action,a mortgagee shall be deemed a separate mortgagee for each Lot on which it holds a mortgage that constitutes a first lien on said Lot. 1.7 Percentage of Owners. For purposes of determining the percentage of Owners approving a proposed decision or course of action, an Owner shall be deemed a separate Owner for each Lot owned. • ARTICLE 2 OWNERSHIP OF COMMON AREAS 2.1 Common Areas Conveyed to Association. Except as provided in Section 2.2, the Common Areas within the Property and referred to in Section 1.5.5 are hereby conveyed to the Association. Except as provided in Section 2.2, the Common Areas, if any, within any subsequent or precedent phase(s) will be deemed to be conveyed to the Association upon the recording of an amendment to this Declaration incorporating such phase within the Project and will be depicted on the Plat Map, and/or in the Declaration amendment, recorded in conjunction with such phase. In the event the Association should be dissolved, then each Lot shall be deemed to have an equal and undivided interest in the Common Areas pursuant to Section 2.2. 2.2 Common Areas Conveyed to Lots. Notwithstanding Section 2.1, if the Plat Map provides that a particular Common Area lot or tract is granted and conveyed to the Lots, then each Lot shall have an equal and undivided interest in that particular Common Area upon the recording of the Plat;provided, that(a)such undivided interest in such Common Area shall be appurtenant and inseparable from the ownership of a Lot; (b)such undivided interest shall not be subject to any right of partition;and(c)the provisions of the Declaration and the Plat shall control over any conflicting principals of common law applicable to tenancy in common interests. 2.3 Dedicated Common Areas. The Common Areas shall exclude those portions of common areas (and improvements thereto)which have been or may hereafter be, dedicated to and owned by a governmental entity. 2.4 Control of Common Areas. The Common Areas (regardless of whether conveyed to the Association, or to the Lots) shall for all purposes be under the control, management and administration of the Declarant until all Class B membership terminates, and under the control, management and administration of the Association thereafter. The Association(and the Owners who are members thereof)have the responsibility and obligation to maintain, repair and administer the Common Areas in a clean, attractive, sanitary and safe condition and in full compliance with applicable governmental laws,rules and regulations and the provisions of this Declaration. Any Owner adjacent to a Native Growth Protection Area, or other common open area, may, at the Owner's cost, remove dead,diseased or dangerous trees or vegetation after receiving authorization from the necessary governmental entity. Maintenance of any sidewalk planter strip shall be the responsibility of the Lot Owner whose Lot directly abuts the planter strip. Where a planting strip abuts on a Common Area, the maintenance responsibility shall be the obligation of the Association. ARTICLE 3 OWNER'S PROPERTY RIGHTS 3.1 Owners'Easements of Enjoyment. Every Owner shall have a non-exclusive right and easement, in common with all Owners,of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: F:\WPDATA\PUD\FORMS\000NEW.DEC 3 3.1.1 The right of the Association to limit access to those portions of the Common Areas, which in the opinion of the Board are dangerous. 3.1.2 The right of the Association to suspend the voting rights and right to use of the Common Areas by an Owner for: any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published riles and regulations. Until all Class B membership terminates, the Association shall be required to exercise its right to suspend the voting rights of, and the right to the use of the recreational facilities by, a member for non-payment of an assessment,upon the request of the Declarant. 3.1.3 The rights of the Association to dedicate or transfer all or any part of the Common Area, including easements across said properties,to any public agency,authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless approved by seventy-five percent (75%) of the Owners and the provisions of Article 14 hereof have been observed;provided, only a majority of Owners will be necessary to approve dedicating a storm retention pond or similar facility, if any, to a governmental entity which shall maintain such facility. 3.1.4 The right of the Association to limit the number of guests of members; 3.1.5 The right of the Association, in accordance with this Declaration and its Articles and Bylaws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said property,but the rights of such mortgagee in said property shall be subordinate to the rights of the Owners hereunder and subject to the provisions of Section 11.1; and 3.1.6 Until all Class B membership terminates,the exercise of all of the rights and powers set forth in subsections 3.1.2, 3.1.3, 3.1.4, and 3.1.5 shall require the prior written approval of Declarant. 3.2 Delegation of Use. Any Owner may delegate(in accordance with the Bylaws), his right of enjoyment to the Common Area and facilities to the members of his family, or his tenants or contract purchasers who reside on the Property, and (subject to regulation by the Association)to his temporary guests. ARTICLE 4 OWNERS' ASSOCIATION 4.1 Establishment. There is hereby created an association to be called [1] HOMEOWNERS' ASSOCIATION (referred to hereinafter as the "Association"). 4.2 Form of Association. The Association shall be a nonprofit corporation formed and operated pursuant to Title 24, Revised Code of Washington. In the event of any conflict between this Declaration and the Articles of Incorporation for such nonprofit corporation, the provisions of this Declaration shall prevail. 4.3 Membership. 4.3.1 Qualification.Each Owner of a Lot in the Project(including Declarant) shall be a member of the Association and shall be entitled to one membership for each Lot so owned. Ownership of a Lot shall be the sole qualification for membership in the Association. 4.3.2 Transfer of Membership. The Association membership of each Owner(including Declarant) shall be appur- tenant to the Lot giving rise to such membership, and shall not be assigned, conveyed,pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to such Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof. 4.4 Voting. F:\WPDATA\PUD\FORMS\OOONEW.DEC 4 • 4.4.1 Classes of Voting Membership. The Association shall have two classes of voting membership: Class A. Class A members shall be all Owners except the Declarant. Class A members shall be entitled to one vote for each Lot owned. Class B. The Class B member shall be the Declarant, which shall be entitled to three(3)votes for each Lot owned. 4.4.2 Termination of Class B Membership. The Class B membership shall cease and be converted to Class A membership on the happening of the first of the following events: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership [such Class B membership for purposes of this clause(a)including Declarant owned Lots both then within the Project as well as those which may be added to the Project, or (b) the date when Declarant's management powers terminate, as provided in Section 5.2. 4.4.3 Combining Class A and B Votes. In determining whether any given proposition shall have been approved by the membership, the total number of Class A and Class B votes shall be combined and the appropriate percentage applied against that combined number. 4.4.4 Number of Votes. Except as provided above, the total voting power of all Owners shall equal the number of Lots at any given time and the total number of votes available to Owners of any one Lot shall be one vote. 4.5 Bylaws of Association.Bylaws for the administration of the Association and the Property, and to further the intent of this Declaration,shall be adopted or amended by the Owners at a regular or special meeting; provided,that the initial Bylaws shall be adopted by Declarant. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. ARTICLE 5 MANAGEMENT OF THE ASSOCIATION 5.1 Administration of the Development. The Owners covenant and agree that the administration of the Property shall be in accordance with the provisions of this Declaration and the Bylaws of the Association which are made a part hereof. 5.2 Management by Declarant.The Property shall be managed by the Declarant until the earlier of: (a)one hundred twenty (120) days after all Class B membership terminates; or(b)the date on which Declarant elects to permanently relinquish all of its authority under this Section 5.2 by written notice to all Owners. Declarant, so long as it is managing the Property,or a managing agent selected by Declarant, shall have the exclusive power and authority to exercise all the rights,duties and functions of the Board set forth or necessarily implied in this Declaration;provided,however,that if entered into before the Board elected by Owners pursuant to Section 5.3 takes office, (1) any management contract, employment contract, or lease of recreational or parking areas or facilities, (2)any other contract or lease between the Association and the Declarant or an affiliate of a Declarant, or (3) any contract or lease that is not bona fide or was unconscionable to the Owners at the time entered into under the circumstances then prevailing may be terminated without penalty by the Association at any time after the Board elected by the Owners pursuant to Section 5.3 takes office upon not less than ninety days'notice to the other party or within such lesser notice period provided for without penalty in the contract or lease. 5.3 Management by Elected Board of Directors. At the expiration of Declarant's management authority under Section 5.2, administrative power and authority shall vest in a Board of Directors elected from among the Lot Owners. The number of directors shall be specified in the Bylaws and shall be sufficient to adequately handle the affairs of the Association.Except as otherwise provided herein,decisions shall be determined by a majority vote of the directors entitled to vote. The Board may delegate all or any portion of its administrative duties to a managing agent or officer of the Association.All Board offices shall be open for election at an organizational meeting. The Board shall elect from among its members a president who shall preside over meetings of the Board and the meetings of the Association. F:\WPDATA\PUD\FORMS\000NEW.DEC 5 5.4 Authority and Duties of the Board. On behalf of and acting for the Association, the Board(or the Declarant or Declarant's managing agent as provided in Section 5.2 hereof), for the benefit of the Project and the Owners, shall have all powers and authority permitted to the Board under this Declaration, including but not limited to the following: 5.4.1 Assessments. Establish and collect regular Assessments (and to the extent necessary and permitted hereunder, special Assessments) to defray expenses attributable to carrying out its duties hereunder and maintain an adequate reserve fund for the maintenance, repair and replacement of those portions of the Common Areas or facilities which must be maintained, repaired or replaced on a periodic basis, which reserve shall be funded by the above Assessments. 5.4.2 Service.Obtain the services of persons or firms as required to properly manage the affairs of the Project to the extent deemed advisable by the Board including legal and accounting services,property management services as well as such other personnel as the Board shall determine are necessary or proper for the operation of the Project, whether such personnel as the Board shall determine are necessary or proper for the operation of the Project, and whether such personnel are employed directly by the Board or are furnished by the manager or management firm or agent. 5.4.3 Utilities.Obtain water, sewer, garbage collection, electrical,telephone, gas and any other necessary utility service, including utility easements and street lighting, as required for the Common Area. 5.4.4 Insurance. Obtain and pay for policies of insurance or bonds providing: (a) Common Area casualty and liability coverage; (b)Fidelity of Association officers and other employees. Insurance under clauses (a)and(b)be in accordance with the requirements set for herein. 5.4.5 Common Area Maintenance/Repair.Pay for the costs of painting, maintenance, repair and all landscaping and gardening work for the Common Areas and improvements located thereon so as to keep the Property in a good, clean, attractive, sanitary and safe condition and in full compliance with applicable governmental laws, rules and regulations and the provisions of this Declaration. The foregoing shall include: the cost of maintaining the storm retention ponds or similar facility, if any; and such replacing and repairing of furnishings and equipment, if any, for the Common Area as the Board shall determine are necessary and proper. 5.4.6 Maintenance of Rights of Way,etc.To the extent deemed advisable by the Board,pay for the costs of main- taining and landscaping rights of way, traffic islands and medians, or other similar areas which are within or adjacent to the Project boundaries, and which are owned by or dedicated to a governmental entity, if said governmental entity fails to do so;provided,the Board at its option may require a Lot Owner at the Owner's expense(rather than the Association) to maintain and landscape such areas as are adjacent to such Owner's Lot. 5.4.7 Fences, etc. To the extent deemed advisable by the Board, pay for the cost of maintaining, repairing and replacing: perimeter and interior fences, if any; and landscaping and improvements on easements, if any, which are lonatxd on or across Lots;provided,the Board at its option may require a Lot Owner at the Owner's expense to maintain, repair and replace such fences, landscaping and improvements as are adjacent to such Owner's Lot. 5.4.8 Lot and Lot Improvement Maintenance. In the event an owner of any Lot or Home in the Property shall fail to maintain the premises and the improvements situated thereon in accordance with the provisions of the Declaration, the Association,after approval by two-thirds (2/3)vote of the Board of Directors, shall have the right,through its agents and employees,to enter upon said parcel and to repair,maintain, and restore the Lot and any other improvements erected thereon. The cost of such maintenance shall be added to and become part of the assessment to which such Lot or Home is subject. 5.4.9 Lien/Encumbrance.The Board may pay any amount necessary to discharge any lien or encumbrance levied F:\WPDATA\PUD\FORMS\OOONEW.DEC 6 • against the Common Areas or any part thereof which is claimed to or may, in the opinion of the Board, constitute a lien against the Common Areas, rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such lien, they shall be jointly and severally liable for the cost of discharging it,and any costs and expenses (including court costs and attorney fees) incurred by the Board by reason of such lien or liens shall be specially charged against the Owners and the Lots responsible to the extent of their responsibility. 5.4.10 Enforce Declaration.Enforce the applicable provisions of the Declaration for the management and control of the Project. 5.4.11 Materials, Services, etc. Contract and pay for any materials, supplies,labor or services which the Board should determine are necessary or proper for the enforcement of this Declaration, including legal, accounting, management or other services;provided that if for any reason any materials, supplies, labor or services are provided for particular Lots or their Owners, the cost thereof shall be specially charged to the Owner of such Lots. 5.4.12 Attorney-in-Fad. Each Owner, by the mere act of becoming an Owner, shall irrevocably appoint the Association as his attorney-in-fact,with full power of substitution,to take such action as reasonably necessary to promptly perform the duties of the Association and Board hereunder, including but not limited to the duties to maintain, repair and improve the Property, to deal with the Property upon damage or destruction, and to secure insurance proceeds. 5.4.13 Borrowing of Funds. In the discharge of its duties and the exercise of its powers as set forth herein,but subject to the limitations set forth herein, the Board may borrow funds on behalf of the Association. 5.4.14 Adoption of Rules and Regulation. When and to the extent deemed advisable by the Board, to adopt reasonable rules and regulations governing the maintenance and use of the Property and other matters of mutual concern to the Lot Owners,which rules and regulations are not inconsistent with this Declaration and the Bylaws and which treat all Owners fairly and on a non-discriminatory basis. 5.4.15 Additional Powers of Association. In addition to the duties and powers of the Association, as specified herein,and elsewhere in this Declaration,but subject to the provisions of this Declaration,the Association, acting through its Board,shall have the power to do all other things which may be deemed reasonably necessary to carry out its duties and the purposes of this Declaration. ARTICLE 6 ARCHITECTURAL CONTROL 6.1 Construction and Exterior Alteration/Repair. 6.1.1 All buildings,structures and other improvements (including, without limitation, concrete or masonry walls, rockeries, fences, sheds, swimming pools, if any, or other structures and improvements) to be constructed within the Property,and all exterior alterations and repairs (including,but not limited to, reroofing or repainting)of any buildings, structures or improvements on the Property and visible from any public street, Common Area or other Lot must be approved by the Architectural Control Committee(ACC).The ACC shall be composed of two separate panels: a Builder's panel consisting of three persons appointed by the Declarant that will have authority over all of the construction and improvements by Declarant and other Builders in the Project; and a homeowner's panel consisting of not less than three nor more than five persons appointed by the Board that will have authority over all of the construction and improvements by other Lot or Home Owners. The Builder's panel shall cease after the Builders have completed all of the Homes that may be constructed within the Project. Complete plans and specifications of all such proposed buildings, structures, and exterior alterations and repairs,together with detailed plans showing the proposed location of the same on the particular building site and other data requested by the ACC,shall be submitted to the ACC before construction, alteration or repair is started.Construction,alteration or repair shall not be started until written approval thereof is given by the ACC. Any exterior modifications approved or developed by the Declarant while exercising management authority under Section 5.2 will be deemed approved exterior modifications. F:\WPDATA\PUD\FORMS\000NEW.DEC 7 6.1.2 The ACC will review submittals as to the quality of workmanship and materials planned and for conformity and harmony of the external design with proposed or existing structures on neighborhood residential Lots or building sites, and as to location of the building with respect to topography, finish grade elevation and building setback restrictions. 6.1.3 In the event the ACC fails to approve or disapprove such design and location within thirty (30)days after said plans and specifications have been submitted to it, such approval will not be required. 6.1.4 All plans and specifications for approval by the ACC must be submitted in duplicate, at least thirty (30)days prior to the proposed construction or exterior alteration or repair starting date. The maximum height of any building shall be established by the ACC as part of the plan approval and shall be given in writing together with the approval. 6.1.5 The ACC may require that said plans or specifications shall be prepared by an architect or a competent house-designer,approved by the ACC. One complete set of said plans and specifications shall in each case be delivered to and permanently left with the ACC. All buildings or structures shall be erected or constructed, and all exterior alterations or repairs made,by a contractor,house Builder or other person or entity approved by the ACC. The ACC shall have the right to refuse to approve any design, plan or color for such improvements, construction, or exterior alteration or repair visible from a public street, Common Area or other Lot which is not suitable or desirable, in the ACC's reasonable opinion, aesthetic or otherwise. 6.1.6 In so passing upon such design, the ACC shall have the right to take into consideration the suitability of the proposed building or other structure, and the material of which it is to be built, and the exterior color scheme, to the site upon which it is proposed to erect the same,the harmony thereof with the surroundings, and the effect or impairment that said structures will have on the view or outlook of surrounding building sites, and any and all factors, which, in the ACC's opinion,shall affect the desirability or suitability of such proposed structure, improvements, or exterior alteration or repair. 6.1.7 The ACC shall have the right to disapprove the design or installation of a swimming pool, hot tub or any other recreational structure or equipment undesirable, in the ACC's reasonable opinion, aesthetic or otherwise. In so passing upon such design or proposed installation, the ACC shall have the right to take into consideration the visual impact of the structure and the noise impact of the related activities upon all of the properties located in close proximity. Any enclosure or cover used in connection with such a recreational structure or equipment, whether temporary, collapsible,seasonal,or whatever,shall be treated as a permanent structure for the purposes of these covenants, and shall be subject to all the conditions, restrictions,and requirements as set forth herein for all buildings and structures. 6.1.8 The ACC shall have the right, in conformance with City ordinances and upon issuance of any required permits,to require, at an Owner's expense, the trimming or topping (or, if deemed necessary by the ACC, removal)of any tree,hedges or shrub on a Lot which the ACC determines is unreasonably blocking or interfering with the view or access to sunlight of another Lot or Home. 6.1.9 The ACC shall have the right to specify precisely the size, color and style of mail and newspaper boxes, and of the post or support on which such boxes are affixed, and their location within the Project. 6.1.10 Declarant(including any successor in interest to Declarant's status as Declarant) shall not be subject to the restrictions of this Section 6.1 as to any Lot owned by Declarant, whether or not any Class B membership exists and whether or not management of the Association has been relinquished by Declarant pursuant to Section 5.2 hereof. 6.1.11 The Board may adopt guidelines, criteria, and procedures for the ACC (ACC guidelines) as Association rules,and prescribe penalties and other methods of enforcement. Provided, that until all of the Homes in the Project have been completed,the Board may not adopt, amend, or repeal ACC guidelines pertaining to either the homeowner's panel or the Builder's panel without the Declarant's prior written approval. 6.2 Sales Facilities of Declarant and Builders. F:\WPDATA\PUD\FORMS\000NEW.DEC 8 • 6.2.1 Notwithstanding any provision in this Master Declaration to the contrary,Declarant(its agents, employees and contractors)shall be permitted to maintain during the period of sale of Lots and/or Homes upon such portion of the Property (including the recreation building,but excluding Lots sold to customers) as Declarant and the Builders may choose,such facilities as in their sole opinion may be reasonably required, convenient or incidental to the construction, sale or rental of Lots or Homes, including but not limited to, a business office, storage area, signs,model units, sales office, construction office, and parking areas for all prospective tenants or purchasers of Declarant or Builders. 6.2.2 Declarant and Builders may make temporary alterations to model homes (such as fenced front yards, special entries, and French doors on garages), which are not otherwise permitted by this Master Declaration or the ACC guidelines, for marketing purposes. The selling Owner must remove the model home alterations and return the Home to full compliance with the ACC guidelines prior to occupancy by a Home purchaser or tenant. Owners other than Declarant or Builders may not make these kinds of model home alterations to the Lot or Home. ARTICLE 7 OWNERS USE/MAINTENANCE OBLIGATION 7.1 Maintenance of Lots.Except as provided in Article 5, each Owner, at said Owner's sole cost and expense, shall promptly and continuously maintain,repair and restore said Owner's Lot(including the yard and landscaping)and Home and other improvements located thereon, and also such other areas as may be required pursuant to Article 5, in a good, clean, attractive, safe and sanitary condition and in full compliance with all applicable governmental laws, rules and regulations and the provisions of this Declaration and the rules and regulations of the Association. 7.2 Residential Use. Except as provided in Section 7.6, all Lots and improvements located thereon shall be used for: 7.2.1 sleeping,eating,food preparation for on-site consumption by occupants and guests, entertaining by occupants of personal guests and similar activities commonly conducted within a residential dwelling, without regard to whether the Living Unit Owner or occupant resides in the Living Unit as a primary or secondary personal residence, on an ownership, rental, lease or invitee basis; 7.2.2 such other reasonable ancillary purposes commonly associated with residential dwellings (including without limitation home-offices and home-occupations)which do not: cause unusual traffic,parking,noise or similar problems; or otherwise violate provisions of this Declaration, Association rules and regulations, or applicable law for residential dwellings; 7.2.3 the common social, recreational or other reasonable uses normally incident to such purposes; and 7.2.4 for purposes of operating the Association and managing the Property. Nothing herein shall be deemed to prevent the Owner from leasing a Home and improvements subject to all of the provi- sions of the Declaration. 7.3 Restriction on Further Subdivision. No Lot or portion of a Lot in this plat shall be divided and sold or resold,or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than the area required for the use district in which located; provided, the foregoing shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments.Lots may be joined and joined Lots may subsequently be subdivided only into the Lots originally joined. 7.4 Rental Homes. 7.4.1 With respect to the leasing, renting, or creation of any kind of tenancy of a Lot and improvements thereon by its Owners,such Owner shall be prohibited from leasing or renting less than the entire Lot or improvements thereon, or(with the exception of a lender in possession of a Lot and improvements thereon following a default in a first mortgage, a foreclosure proceeding or any deed of trust sale or other arrangement in lieu of a foreclosure)for a term of less than F:\WPDATA\PUD\FORMS\OOONEW.DEC 9 • thirty(30)days;and all leasing or rental agreements shall be in writing and be subject to the Declaration and Bylaws (with a default of the tenant in complying with the Declaration and Bylaws constituting a default under the lease or rental agree- ment). 7.4.2 If a Lot is rented by its Owner,the Board may collect, and the tenant or lessee shall pay over to the Board, so much of the rent for such Lot as is required to pay any amounts due the Association hereunder,plus interest and costs, if the same are in default over thirty (30)days. The renter or lessee shall not have the right to question payment over to the Board,and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent,to the extent such rent is paid to the Association,but will not discharge the liability of the Owner, and the Lot under this Declaration for assessments and charges, or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been appointed with respect to the Lot or its Owner;nor in derogation of any rights which a mortgagee of such Lot may have with respect to such rents. Other than as stated herein there are no restrictions on the right of any Owner to lease or otherwise rent his Lot. 7.4.3 Other than the provisions of Section 7.4.1 and .2,no other restriction or prohibition on the rental or lease of a Lot or Home shall be enforceable unless first agreed to by the Owner of the Lot or Home. 7.5 Zoning Regulations.Zoning regulations,building regulations, environmental regulations and other similar govern- mental regulations applicable to the Properties subject to this Declaration shall be observed. In the event of any conflict between any provision of such governmental regulations and restrictions of this Declaration, the more restrictive provisions shall apply. 7.6 Business Use. No business of any kind shall be conducted on any Lot or Home with the exception of: (a) the business of creating,improving and selling the Lots and Homes located in the Property; (b)uses otherwise permitted by Section 7.2; and, (c) such other non-residential business and commercial uses permitted by zoning and other laws applicable to a particular Lot. The Lot Owners shall comply with all of the requirements of the appropriate local governments. No materials,supplies or equipment used by a business shall be stored on any Lot or Home within the view of another Lot or Home, except for items relating to an improvement which is under construction in conformance with this Declaration. 7.7 Building Setback Requirements.All buildings and other Lot improvements shall comply with all applicable govern- mental requirements, including without limitation minimum setback requirements. 7.8 Oil and Mining Operations.Subject to mineral reservations of record,no oil drilling, oil development operations, oil refining,quarrying or mining operations of any kind shall be permitted upon or in any Lot;nor shall oil wells,tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected,maintained or permitted upon any Lot. 7.9 Catch Basin.The cleaning of catch basins,if any,on individual Lots shall be carried out by the Owner at least once prior to September 15 of each calendar year. 7.10 Lot Size. No residential structure shall be erected or placed on any Lot which has a lot area of less than that required by the government entity having appropriate jurisdiction over the Project. 7.11 Garages. Every Home must have a garage which holds at least one full-size car,but no more than three full-size cars(any car,truck,boat,recreational vehicle, etc. shall be deemed as one car for purposes of this limitation). All car, trucks,boats,recreational vehicles, or other motor vehicles ("vehicles")must be stored in garages or in a manner which the Board reasonably determines is not offensive when viewed from the street or from the ground level of adjacent Lots. Storage of personal property(other than vehicles)in garages is prohibited to the extent that such storage would prevent a vehicle(regularly used by an occupant)from being stored within the garage. 7.12 Mobile or Manufactured Housing. Custom designs by licensed architects shall be strongly encouraged and any use of repetitive design shall be strongly discouraged and/or prohibited at the discretion of the ACC. The ACC may refuse F:\WPDATA\PUD\FORMS\000NEW.DEC 10 to approve a plan based on design or repetitive use of a plan, or for failure to meet the approved criteria as set forth. There shall be no mobile or manufactured housing. 7.13 Driveway Standards. All driveways shall be constructed of a material approved by the ACC. 7.14 Parking.Unless substantially screened from view from the street or from the ground level of adjacent Lots in a manner reasonably approved by the ACC,no disabled vehicles, recreational vehicles, commercial vehicles, construction or like equipment,or trailers(utility,boat, camping,horse or otherwise), shall be allowed to be parked or stored on any rights-of-ways,setback areas,or street. If parked in rear or side yards,vehicles must be adequately screened with at least a six foot solid fence and otherwise in compliance with the regulations of the ACC. The Board of Directors shall have full authority to determine if any vehicle is obnoxious or undesirable to other Lot Owners and take appropriate steps to correct such a violation of this covenant. 7.15 Roof. The exterior of all roofs shall be composed of a material, and of a design, approved by the ACC. 7.16 Exterior Finish. The exterior or each residence shall be designed,built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping of the Project. All exterior materials and all exterior colors must be approved by the ACC in accordance with the provisions of this Article. Exterior trim, fences, doors, railing,decks,eaves, gutters and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structures they adjoin. All windows shall be white. 7.17 Utilities. All utilities shall be installed underground. 7.18 Exterior Telecommunications Equipment. Antenna, satellite dish or other similar type of exterior equipment shall be positioned as inconspicuously as possible,and in conformance with the regulations of the ACC, and shall be kept in good repair and as visually attractive as possible. 7.19 Fencing. Fences may only be placed along the rear property line and from the front building line to the rear lot line, cannot exceed 6 feet in height, under no circumstances may obstruct view from any other lot, and must be constructed of wood or other material approved by the ACC. Hedges or other solid screen planting may be used as lot line barriers, subject to the same height restrictions as fences. 7.20 Fireplace Chimneys.Fireplace chimneys must be constructed with material approved by the ACC and otherwise required by this Declaration. 7.21 Garbage and Refuse. No garbage, refuse, rubbish, cuttings, or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitable located and screened from the view of any other Owner. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. No building material of any kind shall be placed or stored on any property within the development until the Owner is ready to commence construction,and then such materials shall be placed within the boundary lines of the Lot upon which its use is intended. Garbage cans may only be placed in public view on the day of garbage pickup. All woodpiles and storage areas must be placed so that they do not obstruct or hamper any other Owner's view and must be suitable screened from all other Owner's views. 7.22 Games and Play Structures. No platform, dog house, playhouse or structure of a similar kind or nature shall be constructed on any Lot located in front of the rear line of the residence constructed thereon. 7.23 Significant Recreation Facilities.The construction of any significant recreational facilities on any Lot including, but not limited to,such items as swimming pool,tennis,badminton, or pickle ball courts shall require the approval of the ACC and shall be subject to the requirements adopted by the ACC. 7.24 Pets. No animal, livestock, or poultry of any kind shall be raised,bred, or kept on any Lot, except: that cats, dogs,birds, or other household pets may be kept if they are not kept,bred or maintained for any commercial purpose; F:\WPDATA\PUD\FORMS\000NEW.DEC 11 and that such pets shall not be kept in numbers or under conditions reasonably objectionable in a closely built-up residential community or in violation of the reasonable rules and regulations of the Association. Animals shall not be allowed to roam loose, outside the limits of any Lot in which they are kept. 7.25 Landscaping.All cleared areas in front of the building line to the street shall be fully landscaped within 30 days, depending on weather conditions,of the time when the house is ready for occupancy. Owner shall install or have installed within 6 months of occupancy the balance of all landscaping unless a time longer is approved by the ACC. 7.26 Signs.No signs of any kind,nor for any uses shall be erected,posted,painted or displayed on any building site in this subdivision whatsoever, except: (1)public notice by a political division of the State or County or as required by law; (2)any builder or the builder's agent may erect and display signs during the period the builder is building and selling property in the subdivision; (3) any Lot Owner or the Lot Owner's agent wishing to sell that Owner's Lot may place on sign not larger than 900 square inches on the property itself; and(4)during any election period,political signs not larger than 900 square inches may be displayed,provided that such signs are removed the day following the election for which they are displayed. 7.27 Temporary Structures. No trailer,basement, tent, shack, garage, barn or other outbuildings or any structure of a temporary character shall be erected or placed on the Property,even temporarily. No building or structure shall be moved on to the Property from any land outside the development. Provided: a trailer may be placed and occupied by the designated subdivision sales agent with the prior written approval of the ACC; and a construction shack may be used by an Owner's construction contractor during the construction period. 7.28 Completion of Construction. Any dwelling or structure erected or placed on any Lot shall be completed as to external appearance,including finish painting or stained, and shall be connected to sewers within six(6)months from the date of commencement of construction,unless some longer period of time is approved in writing by the ACC. 7.29 Easements.Easements for the installation and maintenance of utilities and drainage, and irrigation facilities, are reserved as shown on the recorded Plat. Within these easements no structure, planting or other materials shall be placed or permitted to remain which may clamage or interfere with the installation and/or maintenance of such utilities, or which may change the directions of flow of water through a drainage channel in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement are on any Lot and all improvements in it shall be maintained continuously by the Lot Owner. 7.30 Use During Construction.Except with the approval of the ACC, no person shall reside upon the premises of any Lot until such time as the improvements to be erected thereon accordance with the plans and specifications approved by the ACC have been completed. Completion shall be considered receipt of a final inspection of the dwelling unit by the Building Department having jurisdiction. 7.31 Excavations. Except with the permission of the ACC, or except as may be necessary in connection with the construction of any approved improvement,no excavation shall be made nor shall any dirt be removed from or added to any lot herein. 7.32 Nuisances.No noxious,harmful or offensive thing or use shall be permitted or maintained upon any Lot or upon any other portion of the Property, nor shall anything be done thereon which may be or may become an annoyance or nuisance to any Owner. 7.33 Clothes Lines, Other Structures.No clothes lines of other structures of a similar nature shall be permitted on any Lot. 7.34 Common Drives.Common drives, walks (if any)and paths(if any) shall be used exclusively for normal transit and no obstructions shall be placed thereon or therein except by express written consent of the Board. 7.35 Governmentally Required Maintenance, etc. Any insurance, maintenance, repair, replacement, alteration or F:\WPDATA\PUD\FORMS\000NEW.DEC 12 other work,or the monitoring of such work, which is required by any governmental entity (including without limitation, federal, state or local government,public or private utility provider, local improvement district, or other governmental or quasi-governmental entity or agency),and regardless of whether such requirement is now or hereafter established, and whether imposed in connection with a building permit or other governmental approval or requirement, and whether involving land within public rights of way or subject to ownership or exclusive use of one owner, shall be the sole and exclusive responsibility of the Association(not the Declarant)and any cost incurred in connection therewith shall be a Common Expense.In furtherance of the generality of the foregoing,and not by way of limitation, such work shall include: maintenance of any grass-lined swales and proper disposal of clippings; maintenance of wetland plantings; replacement of wetland and landscape plantings that die during any required maintenance period;maintenance of public and private storm sewer and retention systems. Declarant shall have the right, but not the obligation, to perform any such work if the Association fails to do so. The Association shall promptly upon demand reimburse Declarant for any costs directly or indirectly incurred by declarant as a result of the Declarant performing, or the Association's failure to perform, such work(including any work necessary to obtain a release, or avoid a forfeiture, of any cash deposit or other bond made by Declarant. 7.36 Compliance with Law. All buildings and other improvements shall comply will all applicable governmental requirements,including without limitation,minimum setback, maximum height and maximum lot coverage requirements. 7.37 Governmental Regulations. Zoning, building, environmental and other similar governmental regulations applicable to the Property shall be observed. In the event of any conflict between any such regulations and the provisions of this Declaration,the more restrictive shall apply. ARTICLE 8 COMMON EXPENSES AND ASSESSMENTS 8.1 Lien and Personal Obligation for Assessments.The Declarant, for each Lot and Home owned within the Property, hereby covenants,and each Owner of any Lot and Home by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association any assessment duly levied by the Association as provided herein. Such assessments, together with interest, costs, late charges and reasonable attorneys' fees,shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless the lien for such delinquent assessments had been properly recorded prior to title transfer or unless expressly assumed by them. Provided, however, that in the case of a sale of any Home or Lot which is charged with the payment of an assessment or assessments payable in installments,the person or entity who is the Owner immediately prior to the date of any such sale shall be personally liable only for the amount of the installments due prior to said date. The new Owner shall be personally liable for install- ments which become due on and after said date. 8.2 Uniform Rate. 8.2.1 Common Expenses. Except as otherwise provided in this Declaration, Assessments to pay for Common Expenses shall be based on the Common Expense Percentage. 8.2.2 Special Charges to Owner. Assessments levied against an Owner for the purpose of reimbursing the Association for costs incurred in bringing the Owner or his Lot and/or Home into compliance with the provisions of this Declaration shall be paid solely by that Owner. 8.2.3 Declarant Assessments. Declarant shall pay any assessment levied against any Lots owned by it. 8.3 Limitation on Annual Assessment Amount. 8.3.1 Board Authority. The Board shall have the authority, without obtaining prior approval of the Owners to F:\WPDATA\PUD\FORMS\000NEW.DEC 13 levy assessments in a given calendar year totaling not more than the amount first determined by the Declarant(of if the Declarant does not determine the initial annual assessment, then the amount determined by the first Board elected by the Owners other than the Declarant and approved by a majority of the Owners). Assessments included in the foregoing calculation shall not induce any assessments which are levied against an Owner for reimbursing the Association for costs incurred in bringing the Owner or his Home and/or Lot into compliance with the provisions of this Declaration. 8.3.2 Inflationary Increase in Limit. The dollar amount specified in Section 6.3.1 shall be increased proportionately by the increase in the Consumer Price Index for the City of Seattle, Washington, for All Urban Consumers,prepared by the United States Department of Labor for the base period,January 1 of the year in which the Declaration is recorded, to adjust for any deflation in the value of the dollar. 8.3.3 Owner Approval Required. Any assessment to be levied in a given calendar year which would cause the total of all assessments for the year to exceed the sum per Lot permitted by Section 8.3.1 shall require the calling of a meeting of the Association upon notice sent to all members not less than thirty (30) nor more than sixty (60) days in advance of the meeting, and the such assessment shall be deemed approved unless rejected by fifty-one percent(51%) of the Owners. In the event any such assessment is rejected, the prior immediately prior assessment shall continue in effect. In addition, any borrowing by the Association in any amount shall require the approval of the members in the manner set forth herein. 8.4 Manner and Time of Payment. Assessments shall be payable in such reasonable manner as the Board shall designate. Any assessment or installment thereof which remains unpaid for at least fifteen(15)days after the due date thereof shall bear interest at the rate of 12% per annum, and the Board may also assess a late charge in an amount not exceeding 25% of any unpaid assessment which has been delinquent for more than fifteen(15)days. 8.5 Accounts. Any assessments collected by the Association shall be deposited in one or more insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. 8.6 Lien.In the event any assessment or installment thereof remains delinquent for more than thirty (30)days, the Board may,upon fifteen(15)days' prior written notice to the Owner of such Lot of the existence of the default, accelerate and demand immediate payment of the entire assessment. The amount of any assessment assessed or charged to any Lot plus interest, costs, late charges and reasonable attorneys' fees, shall be a lien upon such Lot. A Notice of Assessment may be reconled in the office where real estate conveyances are recorded for the county in which this Project is located. Such Notice of Assessment may be filed at any time at least fifteen(15)days following delivery of the notice of default referred to above in this Section 8.6. The lien for payment of such assessments and charges shall have priority over all other liens and encumbrances, recorded or unrecorded, limited as provided in Section 9.1. Suit to recover a money judgment for unpaid assessments or charges shall be maintainable without foreclosure or waiver of the lien securing the same. 8.7 Waiver of Homestead. Each Owner hereby waives,to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption law in effect at the time any assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms hereof. 8.8 Continuing Liability for Assessments. No Owner may exempt himself from liability for his Assessments by abandonment of his Home or Lot. 8.9 Records;Financial Statements. The Board shall prepare or cause to be prepared, for any calendar year in which the Association levies or collects any assessments, and shall distribute to all Owners, a balance sheet and an operating (income/expense)statement for the Association, which shall include a schedule of assessments received and receivable, identified by the number of the Lot and the name of the Owner so assessed. The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance,operating, and any other expenses incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolutions authorizing expenditures of Association funds shall be available for examination by any Owner at convenient F:\WPDATA\PUD\FORMS\000NEW.DEC 14 • hours of weekdays. 8.10 Certificate of Assessment. A certificate executed and acknowledged by the treasurer or the president of the Board, or an authorized agent thereof if neither the president nor treasurer is available, stating the indebtedness for assessments and charges or lack thereof secured by the assessment lien upon any Lot shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate, in favor of all persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or any encumbrancer of a Lot within a reasonable time after request,in recordable form, at a reasonable fee. Unless otherwise prohibited by law,any encumbrancer holding a lien on a Lot may pay any unpaid assessments or charges with respect to such Lot, and,upon such payment, shall have a lien on such Lot for the amounts paid of the same rank as the lien of his encumbrance. 8.11 Assessment Lien;Attorneys'Fees and Costs.The Declarant or Board, on behalf of the Association,may initiate action to foreclose the lien of, or collect, any assessment. In any action to foreclose the lien of, or otherwise collect, delinquent assessments or charges,any judgment rendered in favor of the Association shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action, in addition to taxable costs permitted by law. 8.12 Curing of Default. The Board shall prepare and record a satisfaction and release of the lien for which a Notice of Assessment has been filed and recorded in accordance with this Article upon timely payment or other satisfaction of all delinquent assessments set forth in the Notice,and all other assessments which have become due and payable following the date of such recordation with respect to the Lot as to which such Notice of Assessment was recorded, together with all costs, late charges and interest which have accrued thereon. A fee of twenty-five dollars ($25.00)covering the cost of preparation and recordation shall be paid to the Association prior to such action. The satisfaction of the lien created by the Notice of Assessment shall be executed by the president or treasurer of the Association or by any authorized representative of the Board.For the purposes of this paragraph, the term "costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation of the Notice of Assessment and in efforts to collect the delinquent assessments secured by the lien and a reasonable sum for attorneys' fees. 8.13 Payment by Owners.Each Owner shall be obligated to pay its share of common expenses and special charges made pursuant to this Article to the treasurer for the Association. Assessments for each Owner shall begin on the date said Owner closes the transaction in which he acquires right, title or interest in the Lot. Assessments for the initial month shall be prorated if closing occurs on other than the first of the month. Any assessment or charge which remains unpaid for at least fifteen(15)days shall bear interest at the rate of twelve percent(12%)from due date until paid. In addition, the Board may impose a late charge in an amount not exceeding twenty-five(25%)of any unpaid assessment or charge which has remained delinquent for more than fifteen(15)days. 8.14 Omission of Assessment. The omission by the Board or the Association to fix the estimate for assessments and charges hereunder for the next year before the expiration of any current year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of the Owner from the obligation to pay the assessments and charges,or any installment thereof for that or any subsequent year.The assessment and charge fixed for the preceding year shall continue until a new assessment or charge is fixed. 8.15 Notice of Creation of Assessment Lien. The Notice of Assessment shall not be filed of record unless and until the Board or a person desil by it, shall have delivered to the defaulting Owner,not less than fifteen(15)days prior to the recordation of such Notice of Assessment, a written Notice of Default and a demand to cure same within said fifteen-day period. 8.16 Assessment Deposit; Working Capital 8.16.1 Delinquent Assessment Deposit. (a) An Owner may be required by the Board or by the Manager, from time to time, to make and maintain F:\WPDATA\PUD\FORMS\OOONEW.DEC 15 a deposit not less than one-twelfth (1/12)nor in excess of one-quarter(1/4)of the total annual Assessments, which may be collected as are other Assessments and charges. Such deposit shall be held in a separate fund,be credited to the Lot owned by such Owner, and be for the purpose of establishing a reserve for delinquent Assessments. (b) Resort may be had thereto at any time when such owner is ten(10)days or more delinquent in paying his monthly or other Assessments and charges. Said deposits shall not be considered as advance payments of regular Assessments.In the event the Board should draw upon said deposit as a result of a Unit Owner's delinquency in payment of any Assessments, said Owner shall continue to be responsible for the immediate and full payment of said delinquent Assessment(and all penalties and costs thereon)and thus the full restoration of said deposit, and the Board shall continue to have all of the rights and remedies for enforcing such Assessment payment and deposit restoration as provided by this Declaration and by law. (c) Upon the sale of a Lot,the seller/Owner thereof shall not be entitled to a refund from the Association of any deposit or reserve account made or maintained with respect to such Lot pursuant to this or any other Section of this Declaration; rather, any such deposit or reserve account shall continue to be held by the Association for the credit of such Lot, and the Lot Purchaser shall succeed to the benefit thereof, and the Unit seller shall be responsible for obtaining from the Purchaser appropriate compensation therefor. 8.16.2 Working Capital Contribution. The Declarant may elect that the first Purchaser of any Lot shall pay to the Association, in addition to other amounts due, an amount equal to not more than two (2)Regular Assessments as a contribution to the Association's working capital. Such working capital contributions shall not be used to defray Declarant's expenses in completing the construction of the Condominium or, to pay Declarant's contributions to Association reserves. 8.17 Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein: 8.17.1 All properties dedicated to and accepted by a governmental entity; and 8.17.2 All Common Properties. However, the land or improvements, which are referred to in Sections 8.17.1 and 8.17.2 and which are devoted to dwelling use, shall not be exempt from said assessments. 8.18 Effect of Legal Proceedings. In any legal proceeding commenced pursuant to Section 9.1.1, the court having jurisdiction over such proceeding shall also have jurisdiction and power to cause assessments to be levied and collected on an equal per Lot basis in such amounts as is reasonably necessary to cause the Project to be properly administered in accordance with the provisions of this Declaration and the Bylaws,or to cause the provisions of this Declaration and the Bylaws to be properly applied and enforced. In any legal proceeding commenced pursuant to Section 9.1.1, the court having jurisdiction over such proceeding shall also have jurisdiction and power to cause assessments to be levied and collected on an equal per Lot basis in such amounts as is reasonably necessary to cause the Project to be properly administered in accordance with the provisions of this Declaration and the Bylaws, or to cause the provisions of this Declaration and the Bylaws to be properly applied and enforced. Except with respect to legal proceedings to collect assessments or similar charges owed to the Association by an Owner or to enforce the provisions of this Declaration, neither the Association nor its Board may commence and prosecute litigation (or collect assessments in connection therewith)until first approved as provided in Section 8.3.3 after the owners have been provided a written explanation of the nature of such litigation, the reasons therefore, the expected result and the estimated cost thereof.] 8.19 Commencement of Assessments.The Declarant in the exercise of its reasonable discretion shall determine when the Association shall commence making Assessments. Until the Association makes an Assessment, the Declarant shall pay all Common Expenses. After any Assessment has been made by the Association, Assessments must be made against all Lots, based on a budget adopted by the Association; provided, until Class B membership terminates, the Board (whether appointed by Declarant or elected by Unit Owners)may elect not to collect monthly assessments calculated as F:\WPDATA\PUD\FORMS\000NEW.DEC 16 • provided in Section 8.3 and instead elect to collect and expend monthly assessments based on the actual costs of Common Expenses and Home Expenses (excluding reserves). ARTICLE 9 COMPLIANCE WITH DECLARATION 9.1 Enforcement. 9.1.1 Compliance of Owner. Each Owner, Board member and the Association shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules and regulations adopted by the Association (as the same may be lawfully amended from time to time). Failure to comply shall be grounds for an action to recover sums due for damages, or injunctive relief, or both,maintainable by the Board(acting through its officers on behalf of the Association and the Owners), or by the aggrieved Owner on his own against the party (including an Owner or the Association)failing to comply. 9.1.2 Compliance of Lessee. Each Owner who shall rent or lease his Home shall insure that the lease or rental agreement will be in writing and subject to the terms of this Declaration,Articles of Incorporation, if any,and Bylaws. Said agreement shall further provide that failure of any lessee to comply with the provisions of said documents shall be a default under the lease. 9.1.3 Attorneys'Fees.In any action to enforce the provisions of this Declaration, the Articles or the Bylaws, the prevailing party in such legal action shall be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for or prosecution of said action, in addition to taxable costs permitted by law. 9.2 No Waiver of Strict Performance. The failure of the Board, or Declarant or Declarant's managing agent, as applicable,in any one or more instances to insist upon or enforce the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a relinquishment for the future of such term,covenant, condition or restriction,but such term, covenant, condition or restriction shall remain in full force and effect. No waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board. 9.3 Right of Entry.Violation of any of the provisions hereof shall give to Declarant, its successors, or the Association, the right to enter upon the Property as to which such violation exists and to abate, correct and remove, at the expense of the Owner thereof,any erection,thing or condition that may be or exists thereon contrary to the provisions hereof. Such entry shall be made only after three (3) days' notice to said Owner and with as little inconvenience to the Owner as possible, and any damage caused thereby shall be repaired by the Association. Declarant, its successors, or the Association shall not be deemed guilty of any manner of trespass by such entry, abatement or removal. 9.4 Remedies Cumulative. The remedies provided are cumulative, and the Board may pursue them concurrently, as well as any other remedies which may be available under law although not expressed herein. ARTICLE 10 LIMITATION OF LIABILITY 10.1 No Personal Liability. So long as a Board member, Association committee member, Association officer, or Declarant exercising the powers of the Board,has acted in good faith, without willful or intentional misconduct,upon the basis of such information as may be possessed by such person, no such person shall be personally liable to any Owner, or other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision, or failure to make a discretionary decision,by such person in such person's official capacity; Provided,that this section shall not apply where the conse- quences of such act, omission,error or negligence are covered by insurance or bonds obtained by the Board. 10.2 Indemnification of Board Members. Each Board member or Association committee member, or Association F:\WPDATA\PUD\FORMS\OOONEW.DEC 17 Officer,or Declarant exercising the powers of the Board, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he may be a party, or in which he may become involved,by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty of intentional misconduct,or gross negligence or a knowing violation of law in the performance of his duties, and except in such cases where such person has participated in a transaction from which said person will per- sonally receive a benefit in money,property,or services to which said person is not legally entitled;Provided,that, in the event of a settlement,the indemnification shall apply only when the Board approves such settlement and reimburse- ment as being in the best interest of the Association. Nothing contained in this Section 10.2 shall,however,be deemed to obligate the Association to indemnify any Member or Owner of a Lot who is or has been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by him under and by virtue of the Declaration as a Member or Owner of a Lot covered thereby. ARTICLE 11 MORTGAGEE PROTECTION 11.1 Priority of Mortgages.Notwithstanding all other provisions hereof, the liens created under this Declaration upon any Lot for assessments shall be subject to tax liens on the Lot in favor of any assessing unit and/or special district and be subject to the rights of the secured party in the case of any indebtedness secured by first lien Mortgages which were made in good faith and for value upon the Lot. Where the Mortgagee of a Lot, or other purchaser of a Lot, obtains possession of a Lot as a result of Mortgage foreclosure or deed in lieu thereof, such possessor and his successors and assigns,shall not be liable for the share of any assessment by the Association chargeable to such Lot which becomes due prior to such possession, but will be liable for any assessment accruing after such possession. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Owners including such possessor,his successor and assigns. For the purpose of this section,the terms "mortgage" and "mortgagee" shall not mean a real estate contract or the vendor, or the designee of a vendor thereunder, or a mortgage or deed of trust(or mortgagee or beneficiary thereunder) securing a deferred purchase price balance owed with respect to a sale by an individual Owner other than Declarant. 11.2 Effect of Declaration Amendments.No amendment of this Declaration shall be effective to modify, change,limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such mortgage. Any provision of this Article conferring rights upon Mortgagees which is inconsistent with any other provision of this Declaration shall control over such other inconsistent provisions. 11.3 Right of Lien Holder.A breach of any of the provisions, conditions, restrictions, covenants, easements or reser- vations herein contained shall not affect or impair the lien or charge of any bona fide Mortgage made in good faith and for value on any Lots; provided, however, that any subsequent Owner of the Lot shall be bound by these provisions whether such Owner's title was acquired by foreclosure or trustee's sale or otherwise. 11.4 ACC, Maintenance and Insurance. The Association shall not, without prior written approval of seventy-five percent (75%) of all first Mortgagees (based upon one vote for each first Mortgage owned) or Owners (other than the sponsor, developer or builder) of record by act or omission change, waive or abandon any scheme of regulations, or enforcement thereof,pertaining to the architectural design or the exterior appearance of Lots, the exterior maintenance of Lots, maintenance of walkways, fences and driveways, or the upkeep of lawns and plantings in the development, including the provisions of Articles 4 and 5 hereof. 11.5 Copies of Notices.If the first Mortgagee of any Lot has so requested the Association in writing,the Association shall give written notice to such first Mortgagee that an Owner/mortgagor of a Lot has for more than sixty (60)days failed to meet any obligation under this Declaration.Any first Mortgagee shall,upon written request, also be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. 11.6 Furnishing of Documents.The Association shall make available to prospective purchasers,Mortgagees, insurers, F:\WPDATA\PUD\FORMS\000NEW.DEC 18 and guarantors, at their request, current copies of the Declaration, Bylaws, and other rules governing the Project, and the most recent balance sheet and income/expense statement for the Association, if any has been prepared. ARTICLE 12 EASEMENTS 12.1 Association Functions.There is hereby reserved to Declarant and the Association, or their duly authorized agents and representatives, such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association. 12.2 Fasements Over Common Areas. The Board, on behalf of the Association and all members thereof, shall have authority to grant(in accordance with applicable governmental laws and regulations)utility, road and similar easements, licenses and permits,under, through or over the Common Area, which easements the Board determines are reasonably necessary to the ongoing development and operation of the Property. 12.3 Access to Public Streets.Each Owner and his guests and invitees shall have a perpetual,non-exclusive easement across the Common Areas and across all roadways constructed within the project, thereby providing access throughout the Property and to public streets. 12.4 Utility Easements.On each Lot, easements are reserved as provided by the Plat Map and applicable laws, ordi- nances and other governmental rules and regulations for utility installation and maintenance, including but not limited to, underground electric power, telephone, water, sewer, drainage, gas, and accessory equipment, together with the right to enter upon the Lots at all times for said purposes;provided in furtherance of the foregoing and not by way of limitation, an easement for installation and maintenance of facilities for surface water drainage is established across a 10—foot wide area along the front and rear boundary lines and(except when a structure is legally constructed on a lot line)a 2.5—foot wide area along the interior boundary lines, of each Lot. Within these easements, the construction and maintenance of a structure,fence,planting,or other material or improvement shall be prohibited only to the extent that such construction or maintenance would: (a)damage or materially interfere with the installation and maintenance of utilities; or(b)change the direction of flow of drainage channels in the easements; or(c)obstruct or retard the flow of water through drainage channels in the easements;the easement area of each Lot, and all improvements shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible. 12.5 Project Entry Signs.On Common Area adjacent to a roadway entrance into the Project, and on such portion of said Common Area as determined by Declarant,the Declarant may at any time erect(and the Association as a common expense may thereafter maintain,repair and replace) such Project entry and identification signs (and landscaping, fencing and improvements relating thereto)as Declarant and the Association deem necessary and appropriate. 12.6 Lot Maintenance and Encroachments. Each Lot and all Common Area and Lot improvements are hereby declared to have a non-exclusive perpetual easement over all adjoining Homes, Lots (including setback areas) and Common Areas, for the purpose of accommodating any encroachment due to: engineering errors; or errors in original construction,reconstruction, or repair of any portion of a Lot; or construction carried out in accordance with applicable permits;or building overhang or projection(including without limitation drains and footings); or any other similar cause. There shall be valid easements for the maintenance of said encroachments so long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment. In the event a Lot, or Common Area improvement is partially or totally destroyed, and then repaired or rebuilt,the Owners agree that minor encroachments over adjoining Lots (including setback areas) and Common Areas shall be permitted, and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. In no event shall a valid easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the willful act or acts with full knowledge of said Owner or Owners and are not otherwise expressly authorized by the provisions. The foregoing easements and encroachments shall not be construed to be encumbrances affecting the marketability of title to any Lot. F:\WPDATA\PUD\FORMS\000NEW.DEC 19 i Y • ARTICLE 13 TERM OF DECLARATION 13.1 Duration of Covenants.The covenants contained herein shall run with and bind the land for a term of twenty(20) years from the date this Declaration is recorded, after which time the covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument executed in accordance with Section 11.2 below shall be recorded, abandoning or terminating this Declaration. 13.2 Abandonment of Subdivision Status. The Association shall not, without the prior written approval of the governmental entity having jurisdiction over the Project and without prior written approval of one hundred percent(100%) of all first Mortgagees (based upon one vote for each first Mortgage owned) and Owners (other than the sponsor, developer or builder)of record, seek by act or omission to abandon or terminate the subdivision status of the Project as approved by the governmental entity having appropriate jurisdiction over the Project. • ARTICLE 14 DECLARATION/PLAT MAP AMENDMENT 14.1 Declaration Amendment. Amendments to the Declaration shall be made by an instrument in writing entitled "Amendment to Declaration" which sets forth the entire amendment. Except as otherwise specifically provided for in this Declaration,any proposed amendment must be approved by a majority of the Board prior to its adoption by the Owners. Amendments may be adopted at a meeting of the Owners if seventy-five percent (75%) of the Owners vote for such amendment,or without any meeting if all Owners have been duly notified and seventy-five percent(75%)of the Owners consent in writing to such amendment.In all events,the amendment when adopted shall bear the signature of the president of the Association and shall be attested by the secretary, who shall state whether the amendment was properly adopted, and shall be acknowledged by them as officers of the Association. Amendments once properly adopted shall be effective upon recording in the appropriate governmental offices. In addition to the amendments set forth in Article 11, any amendment to a provision of the Declaration establishing, providing for, governing or regulating the following shall require the consent of seventy-five percent(75%)of the mortgagees and the consent of the Declarant(so long as Declarant owns any Lots): voting; assessments, assessment liens or subordination of such liens; reserves for maintenance,repair and replacements of Common Areas; insurance or bonds; use of Common Areas; responsibility for maintenance or repairs; expansion or construction of the Project or the addition, annexation or withdrawal of property to or from the Project;boundaries of Lots; converting of Lots into Common Areas or vice versa; leasing of Lots; provisions for the benefit of the Declarant;provisions for benefit of first mortgagees, or holders, insurers or guarantors of first mortgages; the interests in Common Areas;or imposition of any right of first refusal or similar restrictions on the right of an Owner to sell,transfer or otherwise convey a Lot;provided,that a mortgagee who fails to respond in writing within thirty(30) days of a written request to approve an amendment shall be deemed to have approved the request. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein which may be affected and any or all clauses of this Declaration unless otherwise specifically provided in the section being amended or the amendment itself. 14.2 Plat Map. Except as otherwise provided herein, the Plat Map may be amended by revised versions or revised portions thereof referred to and described as to effect in an amendment to the Declaration adopted as provided for in Section 14.1. Copies of any such proposed amendment to the Plat Map shall be made available for the examination of every Owner. Such amendment to the Plat Map shall be effective, once properly adopted, upon having received any governmental approval required by law and recordation in the appropriate city or county office in conjunction with the Declaration amendment. 14.3 Conform to Construction.Declarant,upon Declarant's sole signature, and as an attorney-in-fact for all Owners with an in-evocable power coupled with an interest,may at any time,until all Lots have been sold by Declarant,file an amendment to the Declaration and to the Plat Map to conform data depicted therein to improvements as actually con- structed and to establish,vacate and relocate utility easements and access road easements. 14.4 Conform to Lending Institution Guidelines.So long as Declarant continues to own one or more Lots,Declarant, F:\WPDATA\PUD\FORMS\000NEW.DEC 20 c • on his signature alone,and as an attorney-in-fact for all Owners with an irrevocable power coupled with an interest,may file such amendments to the Declaration and Plat Map as are necessary to meet the then requirements of Federal National Mortgage Association, Veterans Administration, Federal Home Loan Mortgage Corporation, or other agencies, institutions or lenders financing and/or title insuring the purchase of a Lot from the Declarant. 14.5 Declarant Powers. Declarant,upon Declarant's sole signature, and as an attorney-in-fact for all Lot or Home Owners with an irrevocable power coupled with an interest,may at any time,until all Lot or Homes have been sold by Declarant,file such amendments to the Master Declaration and Plat Map as are necessary in the exercise of Declarant's powers under Article 17 or any other provision of the Master Declaration. 14.6 Amendments Affecting Special Rights. Any amendment to this Declaration which would affect a right,power, duty or obligation which is exclusively granted to or imposed upon a specific "person or class" shall require the consent of the "person" or seventy five percent (75%) of the members of that "class". A "person or class" shall mean: the Declarant; Owners; or institutional first Mortgagees. ARTICLE 15 INSURANCE The Board shall have authority in the exercise of its discretion to obtain and maintain at all times as a common expense a policy or policies and bonds of: liability insurance and property insurance covering the ownership,use and operation of all the Common Areas (and Common Area improvements), if any, including common personal property and supplies belonging to the Association;fidelity coverage for Association Board members (including Declarant), officers, employees or agent; and such other insurance as the Board may deem advisable or as may be required by the Federal National Mortgage Association,Federal Home Loan Mortgage Association,Veterans Administration or similar agencies or lending institutions. Each Owner at the Owner's expense shall be obligated to maintain adequate casualty and liability insurance with respect to the Home, Lot and any improvements thereto or personal property located therein. ARTICLE 16 DESTRUCTION AND RECONSTRUCTION 16.1 Common Areas. In the event of damage to or destruction of any part of the Common Area improvements,the Association shall repair or replace the same from the insurance proceeds available. If such insurance proceeds are insufficient to cover the costs of repair or replacement of the property damaged or destroyed, the Association may make a Reconstruction Assessment against all Lot Owners to cover the additional cost of repair or replacement not covered by the insurance proceeds, in addition to any other Common Assessments made against such Lot Owner. 16.2 Homes. In the event of damage or destruction by fire or other casualty to any Home or other improvements to the Lot,the Owner shall, regardless of the amount or availability of insurance proceeds, repair or rebuild such damage or destroyed portions of the Lot and improvements in a good workmanlike manner and in accordance with the provisions of the Declaration. ARTICLE 17 ANNEXATION AND WITHDRAWAL 17.1 Annexation by Declarant.Although not obligated to do so,Declarant reserves the right to develop as a residential project Additional Lands which would be in addition to the land described in Exhibit "A." Declarant may cause all or any portion of such Additional Lands to be annexed to the existing Property without the assent of the members of the Association. 17.2 Non Declarant Annexations.Annexation of additional properties (other than Declarant annexations provided for in Section 16.1 hereof)shall require the assent of two-thirds (2/3)of the members of the Association attending a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty(30)days or more than sixty(60)days in advance of the meeting setting forth the purpose of the meeting. At this meeting the presence of F:\WPDATA\PUD\FORMS\000NEW.DEC 21 ' 4. members or of proxies entitled to cast sixty percent(60%)of the votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called subject to the notice requirement set forth above and the required quorum at such subsequent meeting shall be one-half(1/2)of the required quorum of the proceeding meeting. No such subsequent meeting shall be held more than sixty (60)days following the preceding meeting. In the event two- thirds (2/3)of the members are not present in person or by proxy, members not present may give their written consent to the action taken thereat. Until all Class B membership terminates, annexation of Additional Properties under this Section shall also require the prior written approval of the Declarant. 17.3 Common Areas Within Divisions. Common Areas within a Division subsequently annexed to the existing Property shall be available for the common use of all Owners of Lots within such subsequently annexed Division as well as within the existing Property.Likewise,Common Areas within the existing Property shall be available for the common use of all Owners of Lots within the existing Property as well as within such subsequently annexed Divisions. ARTICLE 18 MISCELLANEOUS 18.1 Delivery of Notices and Documents.Any written notice, or other document as required by this Declaration,may be delivered personally or by mail. If by mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received forty-eight(48)hours after a copy thereof has been deposited in the United States mail, postage prepaid, addressed as follows: (a) If to an Owner, other than Declarant, to the registered address of such Owner, as filed in writing with the Board pursuant to the requirements of the Bylaws. (b) If to Declarant,whether in its capacity as an Owner, or in any other capacity, the address which Declarant shall have advised the Board in writing. (c) Prior to the organizational meeting, notices to the Board shall be addressed to the address set forth in(b) above. Thereafter, notices to the Board shall be addressed either to an address to be posted by the Board at all times in a conspicuous place or to the registered office of the Association. In addition, from and after the organizational meeting,notice of the address of the Association shall be given by the Board to each Owner, within a reasonable time after the Board has received actual notice of such Owner's purchase of a Lot. 18.2 Conveyances; Notice Required. The right of an Owner to sell,transfer, or otherwise convey his Lot shall not be subject to any right of approval,disapproval, first refusal, or similar restriction by the Association or the Board, or anyone acting on their behalf. An Owner intending to sell a Lot shall deliver a written notice to the Board, at least two (2) weeks before closing, specifying: the Lot being sold; the name and address of the purchaser, of the closing agent, and of the title insurance company insuring the purchaser's interest; and the estimated closing date. The failure of an Owner to properly give such notice to the Board shall not invalidate the sale. The Board shall have the right to notify the purchaser,the title insurance company,and the closing agent of the amount of unpaid assessments and charges outstanding against the Lot, whether or not such information is requested. 18.3 Successor and Assigns.This Declaration shall be binding upon and shall inure to the benefit of the heirs,personal representatives,successors and assigns of Declarant,and the heirs, personal representatives, grantees, lessees, sublessees and assignees of the Owners. 18.4 Joint and Several Liability. In the case of joint ownership of a Lot, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners, set forth in or imposed by this Declaration, shall be joint and several. F:\WPDATA\PUD\FORMS\000NEW.DEC 22 t • 18.5 Mortgagee's Acceptance. 18.5.1 Priority of Mortgage.This Declaration shall not initially be binding upon any Mortgagee of record at the time of recording of said Declaration but rather shall be subject and subordinate to said mortgage. 18.5.2 Acceptance Upon First Conveyance. Declarant shall not consummate the conveyance of title of any Lot until said Mortgagee shall have accepted the provisions of this Declaration and made appropriate arrangements for partial release of Lots from the lien of said Mortgage. The issuance and recording of the first such partial release by said Mortgagee shall constitute its acceptance of the provisions of this Declaration and the status of the Lots remaining subject to its Mortgage as well as its acknowledgment that such appropriate arrangements for partial release of Lots has been made;provided, that, except as to Lots so released, said mortgage shall remain in full effect as to the entire Property. 18.6 Severability.The provisions hereof shall be deemed independent and severable, and the invalidity or partial invali- dity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. 18.7 Effective Date. The Declaration shall take effect upon recording. 18.8 Governmental Right of Access. All governmental and quasi-governmental entities (including without limitation public and private providers of utility services)shall have rights of access,maintenance and inspection for the open space area, any drainage facilities or utility systems contained therein, or other matter of their respective jurisdiction. 18.9 Approval of Lawsuits. The Board shall not commence a lawsuit or arbitration against any party without first: notifying all Owners in writing as to the nature of and reasons for such lawsuit or arbitration; and obtaining the approval of seventy-five percent(75%) of all Owners to commence such lawsuit or arbitration;provided,that this Section shall not apply to the collection of assessment pursuant to Article 12 or the enforcement of the Declaration pursuant to Article 9. Article 19 DISPUTE RESOLUTION 19.1 Policy-Mediation. The parties hope there will be no disputes arising out of their relationship. To that end, each commits to cooperate in good faith and to deal fairly in performing its duties under this Declaration in order to accomplish their mutual objectives and avoid disputes. But if a dispute arises, the parties agree to resolve all disputes by the following alternate dispute resolution process: (a)the parties will seek a fair and prompt negotiated resolution,but if this is not successful, (b) all disputes shall be resolved by binding arbitration,provided that during this process, (c)at the request of either party made not later than forty-five (45)days after the initial arbitration demand, the parties will attempt to resolve any dispute by nonbinding mediation(but without delaying the arbitration hearing date). The parties confirm that by agreeing to this alternate dispute resolution process,they intend to give up their right to have any dispute decided in court by a judge or jury. 19.2 Binding Arbitration. Any claim between or among any party subject to this Declaration(including without limitation, the Declarant, Association Board or officers, Unit Owners, or their employees or agents) arising out of or relating to this Declaration, a Unit or Units,the Condominium or the Association shall be determined by Arbitration in the county in which the Condominium is located commenced in accordance with RCW 7.04.060;provided,that the total award by a single arbitrator (as opposed to a majority of the arbitrators) shall not exceed$50,000, including interest, attorneys' fees and costs. If any party demands a total award greater than $50,000, there shall be three (3) neutral arbitrators. If the parties cannot agree on the identity of the arbitrator(s)within ten(10)days of the arbitration demand, the arbitrator(s) shall be selected by the administrator of the American Arbitration Association(AAA)office in Seattle from its Large,Complex Case Panel(or have similar professional credentials). Each arbitrator shall be an attorney with at least fifteen (15) years' experience in commercial or real estate law and shall reside in the county in which the Condominium is located. Whether a claim is covered by the Article shall be determined by the arbitrator(s). All statutes of limitations which would otherwise be applicable shall apply to any arbitration proceeding hereunder. F:\WPDATA\PUD\FORMS\000NEW.DEC 23 A • 19.3 Hearing-Law-Appeal limited. The arbitrator(s)shall take such steps as may be necessary to hold a private hearing within ninety(90)days of the initial demand for arbitration and to conclude the hearing within three(3)days; and the arbitrator(s)written decision shall be made not later than fourteen(14)calendar days after the hearing. The parties have included these time limits in order to expedite the proceeding,but they are not jurisdictional, and the arbitrator(s) may for good cause afford or permit reasonable extensions or delays, which shall not affect the validity of the award. The written decision shall contain a brief statement of the claim(s)determined and the award made on each claim. In making the decision and award,the arbitrators)shall apply applicable substantive law. Absent fraud, collusion or willful misconduct by an arbitrator,the award and decision shall be final, and the judgement may be entered in any court having jurisdiction thereof. The arbitrator(s)may award injunctive relief or any other remedy available from a judge, including without limitation joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact or which may promote judicial economy;but shall not have the power to award punitive or exemplary damages; or to award attorneys' fees and costs to the prevailing party. The decision and award of the arbitrator(s)need not be unanimous;rather,the decision and award of two arbitrators shall be fmal. IN WITNESS WHEREOF,Declarant has executed this Declaration the day and year first hereinabove written. DECLARANT: [3] By: Its: F:\WPDATA\PUD\FORMS\OOONEW.DEC 24 t • STATE OF WASHINGTON § COUNTY OF [2] § On this_day of , 199_,before me,the undersigned,a Notary Public in and for the State of Washington, duly commissioned and sworn,personally appeared to me personally known(or proven on the basis of satisfactory evidence)to be of[3],the corporation that executed the within and foregoing instrument, and acknowledged said instillment to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf of said corporation. WITNESS my hand and seal hereto affixed the day and year in this certificate above written. NOTARY PUBLIC in and for the State of Washington, residing in My commission expires: Print Notary Name: F:\WPDATA\PUD\FORMS\000NEW.DEC 25 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF [1] Exhibit A-Legal Description Prepared by: Dodds Engineers, Inc . CGDS09322 Map-Check ROAD 3/31/99 16 : 34 : 00 Factor: 1 . 0000000 Correct End - N: 190883 . 67641 E : 1303617 . 26623 Calc. End - N: 190883 . 66985 E : 1303617 . 25730 Error - N: -0 . 0066 E: -0 . 0089 Total : 0 . 0111 Brg: N 53-39-10 . 6 E Distance Traversed: 901 . 7425 Closure : 81388 No Adjustment Bearing Distance North East Elevation Pt .No. 190883 . 67641 1303617 . 26623 0 . 00 157 RAD: 20 . 0000 LEN: 31 .2649 TAN: 19 . 8495 CEN.ANG: 89-34-02 . 0 CHORD: 28 . 1772 MO: 5 . 8046 EXT: 8 . 1781 DEGREE: 286-28-44 . 0 SEG: 112 . 7 TRI : 200 . 0 SEC: 312 . 6 S 89-26-20 . 0 E 20 . 0000 190883 .48055 1303637 . 26527 0 . 00 7071 PC- RP N 00-07-42 . 0 E 20 . 0000 190903 .48050 1303637 . 31007 7072 RP- 'T N 45-20-41 . 0 E 28 . 1772 190903 . 48050 1303637 . 31007 7072 PC- 2T S 89-52-18 . 0 E 94 . 1500 190903 .26962 1303731 . 45983 7073 N 00-33-40 . 0 E 4 . 7900 190908 . 05939 1303731 . 50674 7074 RAD: 121 . 0000 LEN: 18 . 9186 TAN: 9 .4786 CEN.ANG: 8-57-30 . 0 CHORD : 18 . 8994 MO: 0 . 3696 EXT: 0 . 3707 DEGREE: 47-21-06 . 8 SEG: 4 . 7 TRI : 1139 . 9 SEC: 1144 . 6 N 06-26-33 . 0 W 121 . 0000 191028 .29527 1303717 . 92981 7075 PC- 12P S 15-24-03 . 0 E 121 . 0000 190911 . 64019 1303750 . 06379 7076 RP- 3T N 79-04-42 . 0 E 18 . 8994 190911 . 64019 1303750 . 06379 7076 PC- 2T RAD: 92 .4600 LEN: 25 . 2822 TAN: 12 . 7205 CEN.ANG: 15-40-01 . 0 CHORD: 25 . 2036 MO: 0 . 8628 EXT: 0 . 8709 DEGREE: 61-58-05 . 4 SEG: 14 . 5 TRI : 1154 . 3 SEC: 1168 . 8 S 15-24-03 . 0 E 92 .4600 190822 . 50029 1303774 . 61841 7077 PC- }2P N 00-15-58 . 0 E 92 .4600 190914 . 95929 1303775 . 04784 7078 RP- ?T N 82-25-57 . 5 E 25 . 2036 190914 . 95929 1303775 . 04784 7078 PC- iT S 89-44-02 . 0 E 204 . 3600 190914 . 01014 1303979 .40564 7079 RAD: 25 . 0000 LEN: 10 .4851 TAN: 5 . 3208 CEN.ANG: 24-01-48 . 0 CHORD: 10 . 4084 MO: 0 . 5477 EXT: 0 . 5599 DEGREE: 229-10-59 .2 SEG: 3 . 8 TRI : 127 . 3 SEC: 131 . 1 S 00-15-58 . 0 W 25 . 0000 190889 . 01041 1303979 . 28952 7080 PC- i21) N 24-17-46 . 0 E 25 . 0000 190911 . 79619 1303989 . 57584 7081 RP- DT S 77-43-08 . 0 E 10 .4084 190911 . 79619 1303989 . 57584 7081 PC- ?T RAD: 50 . 0000 LEN: 240 . 6545 TAN: 45 . 2025 CEN.ANG:� CITY-OF Ei�IT�Nd, G APR 2 8 1999 RECEIVED Prepared by: Dodds Engineers, Inc . CGDS09322 Map-Check ROAD 3/31/99 16 : 34 : 39 Factor: 1 . 0000000 CHORD: 67 . 0623 MO: 87 . 0899 EXT: 117 .4037 DEGREE : 114-35-29 . 6 SEG: 7260 . 0 TRI : 1243 . 7 SEC: 6016 . 4 N 24-17-46 . 0 E 50 . 0000 190957 . 36775 1304010 . 14846 7082 PC- N 71-28-25 . 0 W 50 . 0000 190973 . 25482 1303962 . 73959 7083 RP- 1-)' N 23-35-19 . 5 W 67 . 0623 190973 .25482 1303962 . 73959 7083 PC- P RAD: 25 . 0000 LEN: 31 . 3024 TAN: 18 . 0769 CEN.ANG: 71-44-23 . 0 CHORD: 29 . 2973 MO: 4 . 7413 EXT: 5 . 8509 DEGREE : 229-10-59 . 2 SEG: 94 . 5 TRI : 296 . 8 SEC: 391 . 3 N 71-28-25 . 0 W 25 . 0000 190981 . 19836 1303939 . 03515 7084 PC- R. S 00-15-58 . 0 W 25 . 0000 190956 . 19863 1303938 . 91904 7085 RP- P S 54-23-46 . 5 W 29 .2973 190956 . 19863 1303938 . 91904 7085 PC- P N 89-44-02 . 0 W 167 .2200 190956 . 97528 1303771 . 70085 7086 RAD: 200 . 0000 LEN: 39 . 5579 TAN: 19 . 8437 CEN.ANG: 11-19-57 . 0 CHORD: 39 .4934 MO: 0 . 9772 EXT: 0 . 9820 DEGREE : 28-38-52 . 4 SEG: 25 . 7 TRI : 3930 . 0 SEC: 3955 . 8 S 00-15-58 . 0 W 200 . 0000 190756 . 97744 1303770 . 77195 7087 PC- R. N 11-03-59 . 0 W 200 . 0000 190953 . 25852 1303732 . 38269 7088 RP- S 84-35-59 . 5 W 39 .4934 190953 . 25852 1303732 . 38269 7088 PC- i? N 89-52-18 . 0 W 94 . 2900 190953 .46972 1303638 . 09293 7089 RAD: 20 . 0000 LEN: 31 . 5670 TAN: 20 . 1516 CEN.ANG: 90-25-58 . 0 CHORD: 28 . 3909 MO: 5 . 9114 EXT: 8 . 3917 DEGREE : 286-28-44 . 0 SEG: 115 . 7 TRI : 200 . 0 SEC: 315 . 7 N 00-07-42 . 0 E 20 . 0000 190973 .46967 1303638 . 13772 7090 PC- R. N 89-26-20 . 0 W 20 . 0000 190973 . 66553 1303618 . 13868 7091 RP- N 44-39-19 . 0 W 28 . 3909 190973 . 66553 1303618 . 13868 7091 PC- S 00-33-40 . 0 W 90 . 0000 190883 . 66985 1303617 .25730 7092 Approx: Sq. Feet : 23791 . 7 Acres : 0 . 5462 Prepared by: Dodds Engineers, Inc . CGDS09322 Map-Check LOT_1 3/29/99 13 :40 : 55 Factor: 1 . 0000000 Correct End - N: 190956 . 88028 E : 1303792 . 89559 Calc . End - N: 190956 . 87973 E : 1303792 . 88941 Error - N: -0 . 0005 E: -0 . 0062 Total : 0 . 0062 Brg: N 84-56-39 . 9 E Distance Traversed: 304 . 9034 Closure : 49099 No Adjustment Bearing Distance North East Elevation Pt .No. 190956 . 88028 1303792 . 89559 100 N 00-33-40 . 0 E 94 . 0600 191050 . 93577 1303793 . 81673 7014 S 89-44-02 . 0 E 60 . 0000 191050 . 65710 1303853 . 81608 7015 S 00-15-58 . 0 W 90 . 1600 190960 .49807 1303853 . 39734 7016 N 89-44-02 . 0 W 21 . 1900 190960 . 59649 1303832 . 20756 7017 RAD: 200 . 0000 LEN: 39 . 5579 TAN: 19 . 8437 CEN.ANG: 11-19-57 . 0 CHORD: 39 .4934 MO: 0 . 9772 EXT: 0 . 9820 DEGREE : 28-38-52 . 4 SEG: 25 . 7 TRI : 3930 . 0 SEC: 3955 . 8 S 00-15-58 . 0 W 200 . 0000 190760 . 59864 1303831 . 27866 7018 PC- :ZF N 11-03-59 . 0 W 200 . 0000 190956 . 87973 1303792 . 88941 7019 RP- PT S 84-35-59 . 5 W 39 .4934 190956 . 87973 1303792 . 88941 7019 PC- PT Approx: Sq.Feet : 5481 . 3 Acres : 0 . 1258 Prepared by: Dodds Engineers, Inc . CGDS09322 Map-Check LOT_2 3/29/99 13 :41 : 19 Factor: 1 . 0000000 Correct End - N: 190956 . 88028 E : 1303792 . 89559 Calc. End - N: 190956 . 88028 E : 1303792 . 89559 Error - N: 0 . 0000 E : 0 . 0000 Total : 0 . 0000 Brg: N 90-00-00 . 0 E Distance Traversed: 290 . 3200 Closure : 9999999999 No Adjustment Bearing Distance North East Elevation Pt .No. 190956 . 88028 1303792 . 89559 100 N 00-15-58 . 0 E 90 . 1600 191047 . 03931 1303793 . 31434 7020 S 89-44-02 . 0 E 55 . 0000 191046 . 78386 1303848 . 31375 7021 S 00-15-58 . 0 W 90 . 1600 190956 . 62483 1303847 . 89500 7022 N 89-44-02 . 0 W 55 . 0000 190956 . 88028 1303792 . 89559 7023 Approx: Sq.Feet : 4958 . 8 Acres : 0 . 1138 Prepared by: Dodds Engineers, Inc . CGDS09322 Map-Check LOT_3 3/29/99 13 :41 : 34 Factor: 1 . 0000000 Correct End - N: 190956 . 36964 E : 1303902 . 89441 Calc . End - N: 190956 . 36964 E: 1303902 . 89441 Error - N: 0 . 0000 E : 0 . 0000 Total : 0 . 0000 Brg: N 90-00-00 . 0 E Distance Traversed: 290 . 3200 Closure : 9999999999 No Adjustment Bearing Distance North East Elevation Pt .No. 190956 . 36964 1303902 . 89441 104 N 89-44-02 . 0 W 55 . 0000 190956 . 62508 1303847 . 89500 7024 N 00-15-58 . 0 E 90 . 1600 191046 . 78411 1303848 . 31375 7025 S 89-44-02 . 0 E 55 . 0000 191046 . 52867 1303903 . 31316 7026 S 00-15-58 . 0 W 90 . 1600 190956 . 36964 1303902 . 89441 7027 Approx: Sq. Feet : 4958 . 8 Acres : 0 . 1138 • Prepared by: Dodds Engineers, Inc . CGDS09322 Map-Check LOT_4 3/29/99 13 :41 : 54 Factor: 1 . 0000000 Correct End - N: 190956 . 36964 E: 1303902 . 89441 Calc . End - N: 190956 . 37297 E: 1303902 . 89674 Error - N: 0 . 0033 E: 0 . 0023 Total : 0 . 0041 Brg: S 34-53-31 .4 W Distance Traversed: 346 . 1335 Closure : 85086 No Adjustment Bearing Distance North East Elevation Pt .No. 190956 . 36964 1303902 . 89441 104 S 89-44-02 . 0 E 36 . 0300 190956 .20230 1303938 . 92402 7028 RAD: 25 . 0000 LEN: 31 . 3024 TAN: 18 . 0769 CEN.ANG: 71-44-23 . 0 CHORD: 29 . 2973 MO: 4 . 7413 EXT: 5 . 8509 DEGREE : 229-10-59 . 2 SEG: 94 . 5 TRI : 296 . 8 SEC : 391 . 3 N 00-15-58 . 0 E 25 . 0000 190981 . 20203 1303939 . 04013 7029 PC- RF S 71-28-25 . 0 E 25 . 0000 190973 .25849 1303962 . 74457 7030 RP- ?T N 54-23-46 . 5 E 29 . 2973 190973 .25849 1303962 . 74457 7030 PC- ?T RAD: 50 . 0000 LEN: 54 . 6807 TAN: 30 .4360 CEN.ANG: 62-39-34 . 0 CHORD: 51 . 9962 MO: 7 . 2905 EXT: 8 . 5350 DEGREE: 114-35-29 . 6 SEG: 256 . 7 TRI : 1110 .4 SEC: 1367 . 0 S 71-28-25 . 0 E 50 . 0000 190957 . 37142 1304010 . 15344 7031 PC- RP N 08-48-51 . 0 W 50 . 0000 191006 . 78095 1304002 .49193 7032 RP- ?T N 49-51-22 . 0 E 51 . 9962 191006 . 78095 1304002 . 49193 7032 PC- ?T N 00-15-58 . 0 E 39 . 2900 191046 . 07052 1304002 . 67441 7033 N 89-44-02 . 0 W 99 . 3600 191046 . 53200 1303903 . 31548 7034 S 00-15-58 . 0 W 90 . 1600 190956 . 37297 1303902 . 89674 7035 Approx: Sq. Feet : 7245 . 8 Acres : 0 . 1663 Prepared by: Dodds Engineers, Inc . CGDS09322 Map-Check LOT_5 3/29/99 13 :42 : 09 Factor: 1 . 0000000 Correct End - N: 190963 . 61345 E : 1304059 . 76002 Calc . End - N: 190963 . 60880 E: 1304059 . 76289 Error - N: -0 . 0046 E : 0 . 0029 Total : 0 . 0055 Brg: N 31-43-43 . 9 W Distance Traversed: 595 . 7387 Closure : 109111 No Adjustment Bearing Distance North East Elevation Pt .No. 190963 . 61345 1304059 . 76002 110 RAD: 50 . 0000 LEN: 23 . 7823 TAN: 12 . 1205 CEN.ANG: 27-15-09 . 0 CHORD: 23 . 5587 MO: 1 . 4073 EXT: 1 . 4481 DEGREE: 114-35-29 . 6 SEG: 22 . 2 TRI : 572 .4 SEC: 594 . 6 S 82-49-40 . 0 W 50 . 0000 190957 . 37083 1304010 . 15126 7036 PC- RP S 69-55-11 . 0 E 50 . 0000 190940 . 20401 1304057 . 11188 7037 RP- PT S 06-27-14 . 5 W 23 . 5587 190940 . 20401 1304057 . 11188 7037 PC- 'T S 51-38-31 . 0 E 103 . 8400 190875 . 76362 1304138 . 53781 7038 S 00-15-58 . 0 W 62 . 2000 190813 . 56429 1304138 . 24892 7039 S 88-58-39 . 0 E 109 . 9500 190811 . 60223 1304248 . 18141 7040 N 00-34-03 . 0 E 89 . 6000 190901 . 19783 1304249 . 06886 7041 S 89-10-19 . 0 W 69 . 1700 190900 . 19820 1304179 . 90608 7042 N 69-18-25 . 0 W 81 . 8400 190929 . 11730 1304103 . 34584 7043 N 51-38-31 . 0 W 55 . 5800 190963 . 60880 1304059 . 76289 7044 Approx: Sq. Feet : 12289 .2 Acres : 0 . 2821 Prepared by: Dodds Engineers, Inc . CGDS09322 Map-Check LOT_6 3/29/99 13 :42 :44 Factor: 1 . 0000000 Correct End - N: 190911 . 17491 E: 1304029 . 27860 Calc . End - N: 190911 . 17263 E : 1304029 . 27579 Error - N: -0 . 0023 E : -0 . 0028 Total : 0 . 0036 Brg : N 50-59-34 . 8 E Distance Traversed: 379 . 6463 Closure : 104772 No Adjustment Bearing Distance North East Elevation Pt .No. 190911 . 17491 1304029 . 27860 115 RAD: 50 . 0000 LEN: 41 . 3878 TAN: 21 . 9625 CEN.ANG: 47-25-37 . 0 CHORD: 40 . 2163 MO: 4 . 2216 EXT: 4 . 6109 DEGREE: 114-35-29 . 6 SEG: 114 .2 TRI : 920 . 5 SEC: 1034 . 7 N 22-29-30 . 0 W 50 . 0000 190957 . 37167 1304010 . 15115 7045 PC- 2P S 69-55-07 . 0 E 50 . 0000 190940 .20394 1304057 . 11144 7046 RP- PT N 43-47-41 . 5 E 40 . 2163 190940 . 20394 1304057 . 11144 7046 PC- i?T S 51-38-31 . 0 E 103 . 8400 190875 . 76355 1304138 . 53737 7047 S 00-15-58 . 0 W 62 . 2000 190813 . 56422 1304138 . 24848 7048 N 88-58-39 . 0 W 69 . 0800 190814 . 79695 1304069 . 17948 7049 N 22-29-30 . 0 W 104 . 3100 190911 . 17263 1304029 . 27579 7050 Approx: Sq.Feet : 8671 .4 Acres : 0 . 1991 Prepared by: Dodds Engineers, Inc . CGDS09322 Map-Check LOT_7 3/29/99 13 :42 : 59 Factor: 1 . 0000000 Correct End - N: 190911 . 17491 E : 1304029 . 27860 Calc . End - N: 190911 . 17676 E: 1304029 . 27666 Error - N: 0 . 0018 E: -0 . 0019 Total : 0 . 0027 Brg: S 46-28-49 . 7 E Distance Traversed: 348 . 8434 Closure : 129882 No Adjustment Bearing Distance North East Elevation Pt .No. 190911 . 17491 1304029 . 27860 115 RAD: 50 . 0000 LEN: 40 .8300 TAN: 21 . 6306 CEN.ANG: 46-47-16 . 0 CHORD: 39 . 7050 MO: 4 . 1102 EXT: 4 . 4783 DEGREE : 114-35-29 . 6 SEG: 109 . 7 TRI : 911 . 0 SEC: 1020 . 8 N 22-29-30 . 0 W 50 . 0000 190957 . 37167 1304010 . 15115 7051 PC- IZF S 24-17-46 . 0 W 50 . 0000 190911 . 80011 1303989 . 57853 7052 RP- :-31 N 89-05-52 . 0 W 39 . 7050 190911 . 80011 1303989 . 57853 7052 PC- ;?T RAD: 25 . 0000 LEN: 10 .4851 TAN: 5 . 3208 CEN.ANG: 24-01-48 . 0 CHORD: 10 .4084 MO: 0 . 5477 EXT: 0 . 5599 DEGREE: 229-10-59 .2 SEG: 3 . 8 TRI : 127 . 3 SEC: 131 . 1 S 24-17-46 . 0 W 25 . 0000 190889 . 01433 1303979 . 29221 7053 PC- �2.F N 00-15-58 . 0 E 25 . 0000 190914 . 01406 1303979 .40833 7054 RP- ?T N 77-43-08 . 0 W 10 .4084 190914 . 01406 1303979 .40833 7054 PC- ?T N 89-44-02 . 0 W 3 . 3100 190914 . 02944 1303976 . 09836 7055 S 00-15-58 . 0 W 97 . 5600 190816 .47049 1303975 . 64524 7056 S 88-58-39 . 0 E 93 . 5500 190814 . 80108 1304069 . 18035 7057 N 22-29-30 . 0 W 104 . 3100 190911 . 17676 1304029 .27666 7058 Approx: Sq. Feet : 6926 . 2 Acres : 0 . 1590 Prepared by: Dodds Engineers, Inc . CGDS09322 Map-Check LOT_8 3/29/99 13 :43 : 26 Factor: 1 . 0000000 Correct End - N: 190914 . 30789 E : 1303916 . 09845 Calc . End - N: 190914 . 30993 E: 1303916 . 10369 Error - N: 0 . 0020 E: 0 . 0052 Total : 0 . 0056 Brg: S 68-42-29 . 6 W Distance Traversed: 314 . 3300 Closure : 55915 No Adjustment Bearing Distance North East Elevation Pt .No. 190914 . 30789 1303916 . 09845 119 S 89-44-02 . 0 E 60 . 0000 190914 . 02922 1303976 . 09780 7059 S 00-15-58 . 0 W 97 . 5600 190816 .47027 1303975 . 64469 7060 N 88-58-39 . 0 W 60 . 0000 190817 . 54097 1303915 . 65424 7061 N 00-15-58 . 0 E 96 . 7700 190914 . 30993 1303916 . 10369 7062 Approx: Sq.Feet : 5829 . 3 Acres : 0 . 1338 Prepared by: Dodds Engineers, Inc . CGDS09322 Map-Check LOT_9 3/29/99 13 :44 : 50 Factor: 1 . 0000000 Correct End - N: 190914 . 30789 E : 1303916 . 09845 Calc . End - N: 190914 . 30528 E: 1303916 . 10439 Error - N: -0 . 0026 E: 0 . 0059 Total : 0 . 0065 Brg: N 66-17-16 . 0 W Distance Traversed: 313 . 0500 Closure : 48296 No Adjustment Bearing Distance North East Elevation Pt .No. 190914 . 30789 1303916 . 09845 119 N 89-44-02 . 0 W 60 . 0000 190914 . 58656 1303856 . 09910 7063 S 00-15-58 . 0 W 91 . 1500 190823 . 43754 1303855 . 67575 7064 N 89-56-53 . 0 E 14 . 3900 190823 .45059 1303870 . 06575 7065 S 00-29-21 . 0 W 5 . 1000 190818 . 35077 1303870 . 02221 7066 S 88-58-39 . 0 E 45 . 6400 190817 . 53632 1303915 . 65494 7067 N 00-15-58 . 0 E 96 . 7700 190914 . 30528 1303916 . 10439 7068 Approx: Sq.Feet : 5711 . 8 Acres : 0 . 1311 Prepared by: Dodds Engineers, Inc . CGDS09322 Map-Check LOT_10 3/29/99 13 :45 :23 Factor: 1 . 0000000 Correct End - N: 190914 . 86494 E: 1303796 . 10112 Calc . End - N: 190914 . 86187 E : 1303796 . 10203 Error - N: -0 . 0031 E: 0 . 0009 Total : 0 . 0032 Brg: N 16-30-59 . 1 W Distance Traversed: 302 . 6300 Closure: 94523 No Adjustment Bearing Distance North East Elevation Pt .No. 190914 . 86494 1303796 . 10112 123 S 89-44-02 . 0 E 60 . 0000 190914 . 58627 1303856 . 10048 7093 S 00-15-58 . 0 W 91 . 1500 190823 .43726 1303855 . 67713 7094 S 89-56-53 . 0 W 60 . 0000 190823 . 38286 1303795 . 67716 7095 N 00-15-58 . 0 E 91 . 4800 190914 . 86187 1303796 . 10203 7096 Approx: Sq.Feet : 5478 . 9 Acres : 0 . 1258 Prepared by: Dodds Engineers, Inc . CGDS09322 Map-Check LOT_11 3/29/99 13 :45 : 58 Factor: 1 . 0000000 Correct End - N: 190914 . 86494 E : 1303796 . 10112 Calc . End - N: 190914 . 86481 E: 1303796 . 10524 Error - N: -0 . 0001 E: 0 . 0041 Total : 0 . 0041 Brg: N 88-11-23 . 0 W Distance Traversed: 306 . 3729 Closure : 74462 No Adjustment Bearing Distance North East Elevation Pt .No. 190914 . 86494 1303796 . 10112 123 N 89-44-02 . 0 W 21 . 0500 190914 . 96271 1303775 . 05135 7097 RAD: 92 . 4600 LEN: 25 . 2822 TAN: 12 . 7205 CEN.ANG: 15-40-01 . 0 CHORD: 25 .2036 MO: 0 . 8628 EXT: 0 . 8709 DEGREE : 61-58-05 . 4 SEG: 14 . 5 TRI : 1154 . 3 SEC : 1168 . 8 S 00-15-58 . 0 W 92 . 4600 190822 . 50371 1303774 . 62192 7098 PC- 12P N 15-24-03 . 0 W 92 .4600 190911 . 64361 1303750 . 06731 7099 RP- )T S 82-25-57 . 5 W 25 . 2036 190911 . 64361 1303750 . 06731 7099 PC- 3T RAD: 121 . 0000 LEN: 18 . 9186 TAN: 9 .4786 CEN.ANG: 8-57-30 . 0 CHORD: 18 . 8994 MO: 0 . 3696 EXT: 0 . 3707 DEGREE : 47-21-06 . 8 SEG: 4 . 7 TRI : 1139 . 9 SEC: 1144 . 6 N 15-24-03 . 0 W 121 . 0000 191028 .29869 1303717 . 93332 7100 PC- 213 S 06-26-33 . 0 E 121 . 0000 190908 . 06281 1303731 . 51025 7101 RP- 31. S 79-04-42 . 0 W 18 . 8994 190908 . 06281 1303731 . 51025 7101 PC- ?T S 00-33-40 . 0 W 84 . 7400 190823 . 32687 1303730 . 68038 7102 N 89-56-53 . 0 E 65 . 0000 190823 . 38580 1303795 . 68036 7103 N 00-15-58 . 0 E 91 .4800 190914 . 86481 1303796 . 10524 7104 Approx: Sq.Feet : 5805 . 5 Acres : 0 . 1333 Prepared by: Dodds Engineers, Inc . CGDS09322 Map-Check TRACT100 3/29/99 13 :46 : 13 Factor: 1 . 0000000 Correct End - N: 190963 . 61345 E : 1304059 . 76002 Calc . End - N: 190963 . 60681 E: 1304059 . 75905 Error - N: -0 . 0066 E : -0 . 0010 Total : 0 . 0067 Brg: N 08-21-56 . 3 E Distance Traversed: 709 . 1473 Closure : 105692 No Adjustment Bearing Distance North East Elevation Pt .No. 190963 . 61345 1304059 . 76002 110 RAD: 50 . 0000 LEN: 79 . 9737 TAN: 51 .4548 CEN.ANG: 91-38-35 . 0 CHORD: 71 . 7173 MO: 15 . 1552 EXT: 21 . 7467 DEGREE: 114-35-29 . 6 SEG: 749 . 9 TRI : 1249 . 5 SEC: 1999 . 3 S 82-49-40 . 0 W 50 . 0000 190957 . 37083 1304010 . 15126 7105 PC- P N 08-48-55 . 0 W 50 . 0000 191006 . 78021 1304002 . 48879 7106 RP- ,T N 52-59-37 . 5 W 71 . 7173 191006 . 78021 1304002 .48879 7106 PC- ?T N 00-15-58 . 0 E 39 .2900 191046 . 06979 1304002 . 67127 7107 S 89-44-02 . 0 E 247 . 8200 191044 . 91879 1304250 .48860 7108 S 00-34-03 . 0 W 143 . 7300 190901 . 19584 1304249 . 06501 7109 S 89-10-19 . 0 W 69 . 1700 190900 . 19621 1304179 . 90224 7110 N 69-18-25 . 0 W 81 . 8400 190929 . 11531 1304103 . 34199 7111 N 51-38-31 . 0 W 55 . 5800 190963 . 60681 1304059 . 75905 7112 Approx: Sq.Feet : 27155 . 2 Acres : 0 . 6234 • ,� _-� .U.. - I 1 / sb N I I 1 1rT�� I 1i' [ 4.1tI .„ I 1 \ ►- lone Ave. 1NE •-- .11 I I 1._ k 1 1 -_-_- 13\ _T rmi Kennewick ! z L p ! I1 ± No _erey Aver- 1 ' / CO- vs 1Vlon re 2 44° live.' NE �' - /- - 1 co, ,3 I - cn- I— - ► L I L_ riR;8 �� N VE 1 - I 1 IH2 [ H F- _ 1 �I I 11 1 t k 1 �Ab rd!e Ave. NE, I , I z _, z pl 1[- I k_11 Lk 1 _,_ ii--1 1 1 1 ] 1 !Blaine Ave. 1 z" upp c� _ N L_ J I� I I_L cn I 1 I I I I I I _1 I �- ,I _ L� I N 1 Ill- 11 I.1 � 1 l i i i i - Camas I •• -R 118 �' \ I � - DI a ton: _. ___� 1 == 1 1 I 1 \r�VdJNE_ op co I -H T- .. vl Y , J- Dayto,. v I 11111 /00IDao 00 ,U l Dayiton 1 • 1 - - I►-3 Ave I NE-� Aver Z7 ►il_.-Q R I I I - 1Tri 1 I Edmonds-Ave NE � R+-8 0- 02-r �T 1 I. 11 I -8(P) d , . 1 i . IL-P- 4.1- i.i !-L1 -I- - _7_ 3, 1 §,N,e5 N .4.. I 1 , 1 1 1 1 /70I�i ,v1 - - -_-- Z/iMagllNEZLir - Sa .o O ,,, • • DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS _ • LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: i' :. REQUIREMENTS: BY BY Calculations, Survey, Drainage:Control Plan z Drainage Report 2 Elevations, Architectural3ANoa Elevations, Grading 2 • Existing Covenants (Recorded Copy)q Existing Easements (Recorded Copy) 4 r, • Flood Plain Map,if applicable a 6 Floor Plans 3AND4 Geotechnical Report2ANo3 Grading Plan, Conceptual 2 Grading Plan, Detailed z King County Assessor's Map Indicating Site4 Landscaping.Plan, Conceptual4 Legal Description 4 List of Surrounding Property•Owners4 Mailing Labels for Property Owners 4 Map of Existing Site Conditions Master Application Form 4 Monument Cards (one, per monument) , . , ., - ke • < '' Lot L t Coverage Landscaping Analysis 4 Plan Reductions (PMTs) 4 Postage 4 Public Works Approval Letter 2 Title Report or Plat Certificate 4 Topography Map (5' contours)3 Traffic Study 2 Tree CuttingNegetation Clearing Plan Utilities Plan, Generalized 2 Wetlands Delineation Map4 • Wetlands Planting Plan 4 Wetlands Study This requirement may be waived by: 7 t5, �` -< 1. Property Services Section PROJECT NAME: • . `V� _ 2 Public Works Plan Review Section 3 Building Section DATE: ifgY _ 4 Development Planning Section AI F. ISM C• • • • First American Title Insurance Company SUBDIVISION GUARANTEE ORDER NO. 399712-9K Op I,o 4p F,t,��N, LIABILITY: $1,000.00 �� �h j 04/ 1/''G `Y 9 9 FEE: $200.00 TAX: $17.20 ��� k® FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, SUBJECT TO THE LIABILITY EXCLUSIONS AND LIMITATIONS SET FORTH BELOW AND IN SCHEDULE A GUARANTEES DODDS ENGINEERING herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Page 1 WA-97 (5/95) SUBDIVISION GUARANTEE ORDER NO. 399712K-9K SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: NORTHWARD HOMES, INC., A WASHINGTON CORPORATION B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any portion thereof, other than those shown below under record matters. The following matters are excluded from the coverage of this guarantee: 1. Unpatented mining claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. Description: THAT PORTION OF TRACTS 255, 256, 257, 275, 276 AND 277 OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO. 4, ACCORDING TO PLAT RECORDED IN VOLUME 11 OF PLATS AT PAGE(S) 82, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT 277; THENCE SOUTH 89°43'59" EAST 114.44 FEET ALONG THE NORTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°43'59" EAST 517.18 FEET; THENCE SOUTH 0°34'06" WEST 221.97 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 255; THENCE SOUTH 89°59'33" WEST 517.62 FEET ALONG THE SOUTHERLY LINE OF TRACTS 255 AND 275; Page 2 WA-97 (5/95) ORDER NO. 399712K-9K DESCRIPTION CONT. THENCE NORTH 0°33'45" EAST 80.05 FEET; THENCE NORTH 89°52'13" WEST 94.15 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°34'02", HAVING AN ARC LENGTH OF 31.26 FEET TO A POINT ON THE EAST LINE OF JONES AVENUE; THENCE NORTH 0°33'45" EAST 90 FEET ALONG SAID LINE; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET AND FROM A TANGENT BEARING SOUTH 0°33'45" WEST THROUGH A CENTRAL ANGLE OF 90°25'58" HAVING AN ARC LENGTH OF 31.57 FEET; THENCE SOUTH 89°52'13" EAST 94.29 FEET; THENCE NORTH 0°33'45" EAST 94.40 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS PARCEL 3 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. 010-86, RECORDED UNDER RECORDING NO. 8609229011.) Record Matters: 1. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31ST. YEAR: 1999 AMOUNT BILLED: $1,620.87 AMOUNT PAID: NONE AMOUNT DUE: $1,620.87, PLUS INTEREST AND PENALTY, IF DELINQUENT TAX ACCOUNT NO.: 334390-2064-00 ASSESSED VALUE OF LAND: $104,000.00 ASSESSED VALUE OF IMPROVEMENT: $17,000.00 Page 3 W —cagy « /ar1 ORDER NO. 399712K-9K 2. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: NORTHWARD HOMES, INCORPORATED, A WASHINGTON CORPORATION TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: WASHINGTON FEDERAL SAVINGS AMOUNT: $300,000.00 DATED: OCTOBER 15, 1998 RECORDED: OCTOBER 27, 1998 RECORDING NO.: 9810271827 MODIFICATION AND/OR AMENDMENT BY INSTRUMENT: RECORDED: OCTOBER 30, 1998 RECORDING NO.: 9810303322 3. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: NORTHWARD HOMES, INCORPORATED, A WASHINGTON CORPORATION TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY: NANCY P. BENNETT, AN UNMARRIED WOMAN AMOUNT: SECURITY FOR THE PERFORMANCE OF AN AGREEMENT DATED: OCTOBER 15, 1998 RECORDED: OCTOBER 27, 1998 RECORDING NO.: 9810271828 THE LIEN OF SAID DEED OF TRUST WAS SUBORDINATED TO THE LIEN OF THE INSTRUMENT RECORDED UNDER RECORDING NO. 9810271827 BY AGREEMENT RECORDED UNDER RECORDING NO. 9810271829. 4. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN RECORDED LOT LINE ADJUSTMENT (BOUNDARY LINE REVISION): RECORDED: OCTOBER 18, 1985 RECORDING NO.: 8510189001 5. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN RECORDED LOT LINE ADJUSTMENT (BOUNDARY LINE REVISION): RECORDED: SEPTEMBER 22, 1986 RECORDING NO.: 8609229011 Page 4 WA-07 (q /Al ORDER NO. 399712K-9K 6. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: APRIL 9, 1987 RECORDING NO.: 8704091075 FOR: PUBLIC UTILITIES (INCLUDING WATER AND SEWER) AFFECTS: THE WEST 20 FEET 7. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: NOVEMBER 17, 1989 RECORDING NO.: 8911170514 • IN FAVOR OF: THE CITY OF RENTON FOR: PUBLIC UTILITIES (INCLUDING WATER AND SEWER) AFFECTS: AS DESCRIBED THEREIN MODIFICATION AND/OR AMENDMENT BY INSTRUMENT: RECORDED: DECEMBER 28, 1998 RECORDING NO.: 9812283060 DATED: MARCH 17, 1999 AT 8:00 A.M. CaA TITLE OFFICER Page 5 T.TT O'7 /C /OC\ f--- ORDER NO. .7c1�� Z . jVOTICE • SUBDIVISION 0!i 1-M tiN Lk_ iA;/I d 61-rA N et) /V This Sketch is furnished as a courtesy only by First America RCDG NO./VOL & PG. 1 11'S }' `-! Title lnsurauce Company cad it is NOT a part of any title N OTR Nam= SEC T�II/NSHP RNC DC commitment or policy of title insurance. 1 This sketch is furnished solely for the purpose of assisting in IA` locating the premises and does not purport to show all highways, - w E roads,or easements affecting the property. No reliance should be placed upon this sketch for the location or dimensions of the property and no liability is assumed for the correctness thereof. , rr ;. • . i.4.- ., !..' jx.1,:-.. i i :, ��: `-� .•.�t ; `/ • ` A__;yam. ` •�,.• , r... 1 ': yr, %' NE ..•'N ,,,s, •. rho I , zr'° 14 � 0. p ems, '4-'s — :d .;.� ♦� ;_i PV. 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A\i‘k . .' i„,...„,i,-,.4r r:,.. •t'• dowsfrallb, .:.___ . ___. 75: ,. \l‘s\\\.,,.._,. 1.‘s, 0001,11.' �e� ���l Y �4yjy____L., DEVELOP ELOPMENT P OF REN ON DING APR 28 1999 RECEIVED hrstAinerjcajj Title Insurance Company P y COPIES OF DOCUMENTS r • • AFTER RECORDING MAIL TO: Northward Homes, Inc. 1560 - 140th Avenue NE, II100 Bellevue, WA 98056 tttta Filed for Record at Request of First American Title/Seattle a"a•' Escrow Number: 42584SSI Insurance American Title Cornponyny Statutory Warranty Deed Grantor(s): Nancy P. Bennett Grantec(s):Northward Homes, Inc. Abbreviated Legal: Lots 255-257 6 275-277, HILLMANS LK WA GARDEN, as per Plat recorded in Volume 11 of Plats, Page 82 inclusive, records of KING County, WA Additional legal(s)on page: 1ST AM-,S Assessor's Tax Parcel Number(s): 334390-2064-00 3tV9'(-S 117/ THE GRANTOR Nancy P. Bennett, an unmarried woman who also appears of record as Nancy V. Bennett, as her separate estate formal in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION 1� Ib hard paid,wuvcys aunt wallahs to i+or l.i,we ru Humes, Inc., a i:eoi�iny Lun �uc(,ur aL iul, Cs? the following described real estate,situated in the County of KING ,Sete of Washington: see attached legal description as EXHIBIT "A". CID SUBJECT TO: easements, restrictions, reservations and provisions as attached hereto as EXHIBIT "B". Dated this 15th day of October , 1998 BYNancy 1 t_./��r� Jt- .--fir By Nanc P. Bennett By // By STATE OF WASHINGTON County of KING SS: I certify that I know or have satisfactory evidence that NANCY P. BENNETT is use person who appeared before me,and said person acknowledged that she signed this instrument and acknowledge it to be her free and voluntary act for the uses and purposes mentioned in this instrument. Dated: October 1998 ,'t 4 1 _ f••� stt if/ ' NolSusan•�cin and er rr� Nowt'Public to and for the State of WASHINGTON � Residing at REDMOND r7 t / 3f ; N� ; MY appointment expires: 2 02/02 &J) *), ,,,,,,,,,,,, rx ,,q VI tt,,,,,,..,• , er Parc I iPW IO Ei646195 i(1/??/9ft 649P O0 36500E1.(ttt UP • MEM • 414 • EXHIBIT "A" THAT PORTION OP TRACTS 255, 256, 257, 275, 276 AND 277 OF C.D. IIILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO. 4, ACCORDING TO PLAT RECORDED IN VOLUME 11 OF PLATS AT PAGE(S) 82, FING COUNTY, WASHTN(:TON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OP TRACT 277; THENCE SOUTH 89°43'59" EAST 114.44 FEET ALONG THE NORTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°43'59" EAST 517.18 FEET; THENCE SOUTH 0°34'06" WEST 221.97 FEET TO A POINT ON THE SOUTH LINE OP SAID TRACT 255; THENCE SOUTH 89°59'33" WEST 517.62 FEET ALONG THE SOUTHERLY LIEN OF TRACTS 255 AND 275; THENCE NORTH 0°33'45" EAST 80.05 FEET; THENCE NORTH 89°52'13" WEST 94.15 FEET TO THE BEGINNING Ot' A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°34'02", HAVING AN ARC LENGTH OF 31.26 FEET TO A POINT ON THE EAST LINE OF JONES AVENUE; THENCE NORTH 0°33'45" EAST 90 FEET ALONG SAID LINE; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET AND FROM A TANGENT BEARING SOUTH 0°33'45" WEST THROUGH A CENTRAL ANGLE OF 90°25'58" HAVING AN ARC LENGTH OF 31.57 FEET; THENCE SOUTH 89°52'13" EAST 94.29 FEET; cz THENCE NORTH 0°33'45" EAST 94.40 FEET TO THE TRUE POINT OF N BEGINNING; Q 1- (ALSO KNOWN AS PARCEL 3 OP CITY OF RENTON LOT LINE ADJUSTMENT NO. t` 010-86, RECORDED UNDER RECORDING NO. 8609229011.) CY C; r4 :411 Q) � Q3 .Y----���► ._ i t .. f awry.• pa { ;yar JF.x. -Y�;4"r t- „'Y n $-'i• '' ` �..h: :Yi3'7'Y'.: .. �7�� eT,l�!.n�{in=. .tip 1 ��n-:, ., ..,. .. .. X.' .. • ..• 1 , • - • • • EXHIBIT "B" TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN RECORDED LOT LINE ADJUSTMENT (BOUNDARY LINE REVISION) : RECORDED: OCTOBER 18, 1985 RECORDING NO.: 8510189001 TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN RECORDED LOT LINE ADJUSTMENT (BOUNDARY LINE REVISION) : RECORDED: SEPTEMBER 22, 1986 RECORDING NO. : 8609229011 • EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: APRIL 9, 1987 RECORDING NO.: 8704091075 IN FAVOR OF: PARCEL A FOR: PUBLIC UTILITIES (INCLUDING WATER AMU SEWER) AFFECTS: THE WEST 20 FEET OF PARCEL B EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: NOVEMBER 17, 1989 RECORDING NO. : 8911170514 IN FAVOR OF: THE CITY OF RENTON Cd FOR: PUBLIC UTILITIES (INCLUDING WATER AND (� SEWER) an AFFECTS: A8 DESCRIBED THEREIN N O .4 OD 0) 0 A ��fi'.:��'.I. }:wti. t ,3r',.t,'w�- . .t:fi i. r v mem AFTER RECORDING RETURN TO. Washington Federal Savings LOAN ADMIN-WA Office 425 Pike Street Seattle WA 98101 Attention: Linda k. Valdez Loan Number 075 207 213257-9 SHORT FORM DEED OF TRUST THIS DEED OF TRUST('Security Instrunncnt')is made October 15th 1998 between NORTHWARD HOMES LNCORPORATED,A WASHINGTON CORPORATION as Grantor('Borrower'),whose address is 1560 140TH AVE NE SUITE 100,BELLEVUE WA 98005 ;and FIRST AMERICAN TITLE INSURANCE as trustee,whose address is2101 FOURTH AVE,SUITE 800,SEATTLE,WA. f` and WASHINGTON FEDERAL SAVINGS,a United States Corporation,as Beneficiary("Lender'/ " Grantee),whose address is 425 Pike Steed,Seattle,Washington 98101 Qe� g.+,^.. t,..o.io. at4i.petd ennvey.to Tnrnee in inert, with power of hale according to Washington law,all Borrower's estate,right,title,interest,claim and demand,now owned C or hereafter acquired, in and to the following described property in King County, Washington (the 'Property'. which term shall include all or any pan of the Property, any Qi improvements thereon and all the property described in Paragraph 2 of the Master Form Dad of Trust C hereinafter referred to). I sr AM-8 so yiJ(-5 LOTS 235-257&275-177,HILLMA.N'S LAKE WASHINGTON GARDEN OF MEN 4, 334390-2i40-41&314174206400 SEE THE 511I PAGE OF THIS DOCUMENT FOR THE COMPLETE LEGAL DESCRIPTION ATTACHED AS PXHIBIT'A',AND BY THIS REFERENCE INCORPORATED HEREIN- Assessor's Property Tax Parcel Account Number(s): ✓313%=1 y oO lit TOGETHER WITH all the tenements, hereditsmeots and appurtenances, now or hereafter (hereunto belonging or in any way appertaining,leases and other agreernenra for the use and occupancy pertaining thereto, and the rents,issues and profits thereof and all other property or nghts of any kind or to nature whatsoever further act forth in the Master Form Deed of Trust hereinafter referred to,SUBJECT, HOWEVER,to the right,power and authority hereinafter given to and conferred upon Lender to collect and apply such rents,itsucs and profits. iI This Security Instrument shall constitute a security agreement under the Uniform Commercial Code of Washington between Borrower as debtor and Lender as secured party. Borrower grants a security interest to Lender in any of the Property which is personal property and also grants a security interest in the property described in Paragraph 3 of the Mauer Form Deed of Trust hereinafter referred to, now owned or hereafter acquired by Borrower(the Property, as defused above, and the property described in said Paragraph 3 are hereafter Collectively referred to as the'Collateral'). h1ri8 Borrower's IatuL M (Parr 1 of n L020-T IWAI 01/07/87 • • w . THIS SECURITY INSTRUMENT IS FOR THE PURPOSE OF SECURING the following: (a)Payment of the sum of TflREL HUNDRED 7110I75ArrD AND NOI11188 DOLLARS ( $300,000.00 ),with interest thereon according to the terms of a promissory note of even date herewith,payable to Lender or order and made by Borrower(the'Note',which term shall include asp IN. modifications notes evidencing the indebtedness secured by this Security Instrument, including all renewals, modifications or extensions thereof); GC b) Payment of any further sums advanced or loaned by Lender to Borrower, or any of its 11a4 successors or assigns,if(I)the Note or other writing evidencing the future advance or loan specifically (v, stases that it is secured by this Security Instrument,or(2)the advance, including costs sad expenses el incurred by Lender, is made pursuant to this Security Instrument or any other docun its executed by O Borrower evidencing,securing,or relating to the Note and/or the Collateral,whether executed prior to, 9.4 contemporaneously with, or subsequent to this Security Instrument(this Security Instrument,the Note • and such other documents, including any construction loan, land loan or other loan agreement, are • hereinafter collectively referred to as the'Loan Documents'),together with interest thereon at the rate set forth in the Note unless otherwise specified in the Lean Doewnentt or agreed to in writing; c)Performance of each agreement.term and conditioo set forth or incorporated by reference in the Loan Documents,including without limitation the loan agreement of even date herewith,which are incorporated herein by reference or contained herein. THE MATURITY DATE OF THESE SECURED OBLIGATIONS,AS CONTAINED IN THE LOAN DOCUMENTS.INCLUDING THE NOTE,IS October 15tb 2000 . By executing and delivering this Security Instrument sod the Note secured hereby,the parties agree that all provisions of Paragraphs I through 69 inclusive of the Master Form Deed of Trust hereinafter referred to,except such paragraphs as are specifically excluded or modified herein,are hereby incorporated herein by reference and made an integral part hereof for all purposes the same as if set forth herein at length,and the Borrower hereby makes said covenants and agrees to fully perform all of said provisions. The Master Form Deed of Trust above referred to was recorded on the dates below shown, in the Official Records of the offices of the County Auditors or County Recorders of the following counties in the State of Washington according to the enumerated re ortiatioe tiesigtuuiutm appearing below after the name of each county,to wit: DRAWER,REEL. FRAME OR RECORDING OR DATE OF COUNTY ROOK OR VOLUME PAGE NO(S.I AUDITOR'S FILE NO. )(ECORD1NG ADAMS 229 260-271 239483 October 12,1995 ASOTIN 217406 October I I.1995 BENTON 636 65-76 95-23049 October 12,1995 CHELAN 1052 1633-1644 9510120008 October 11,1995 CLALLAM 1111 694-705 729425 October I1,1995 CLARK 9510110089 October II,1995 COLUMBIA 3D 712-723 8601 October IL 1995 COWLITZ 1213 0637-0648 951012074 October 12,1995 DOUGLAS M444 09-20 307858 October 12.1995 FERRY (M.F.of O.R.) 232192 October 11,1995 FRANKLIN 0177 0564-0515 524669 October 11,1995 GARFIELD 3317 October II,1995 GRANT 068 1954-1965 951012004 October II,1995 GRAYS HARBOR 9S 33136-33147 951012026 October I I.1995 ISLAND 696 1410-1421 95016396 October 11,1995 IEFFERSON 537 328-339 385303 October II.1995 KING 9510100421 October 10,1995 KITSAP 0879 2392-2403 9510130066 October 13,1995 KITTrFAS 370 717 586108 October 11,1995 KLICKITAT 327 218 249676 October 11,1995 LEWIS 672 350-361 9514582 October II.1995 LINCOLN 65 003034-003045 400875 October II,1995 MASON 688 144-155 615408 October 11,1995 OKANOGAN 137 1089-1100 833848 October 11,1995 1 PACIFIC9510 359.570 62332 October 11,1995 llr PEYD ORIELLE 121 1099-I1ID 230779 October 12,1995 PIERCE 1163 2311.2322 9510110418 October II,1995 SAN JUAN 525 230-241 95101201 October 12.1995 p SKAGIT 1483 0372-0383 9510110046 October 11.1995 SKAMANIA 152 860-871 123494 October 11,1995 SNOHOMISH 3081 1623-1634 9510110189 October II,1995 SPOKANE 1781 1737-1748 9510110230 October II,1995 STEVENS 193 2376-2387 9510157 October Il,1995 THURSTON 2464 702-713 9510110097 October 11,1995 WAHIGAKUM 104 0579-0590 45447 October 12,1995 WALLA WALLA 234 1593-1604 9509769 October 11,1995 1 WHATCOM 465 1133-1144 951011197 Oember I1,1995 WHITMAN Microfilm No.580488 October 11.1995 YAKIMA 1494 1819-1830 3110734 October II,1995 ) (Pop 2 4 4) L020-T I WAI . -. . -- , a- ._,,1,. • i ;, . 4fr NEN 076 20)213267-9 A copy of such Master Form Deed of Trust has been furnished to the person executing this Security Instrument. and by executing this Security Instrument the Borrower acknowledges having received such Master Form Deed of Trust. The Property which is the subject of this Security instrument is not used principally or primarily for agricultural or farming purposes. Thc undersigned Borrower requests that a copy of any Notice of Default and of say Notice of Sale hereunder, as required by Washington law in case of non-judicial foreclosure of a deed of trust.be mailed to Borrower at Borrower's address as hereinabove set forth Borrower agrees to obtain all insurance required from time to time by Lender and as elsewhere provided in the Loan Documents, including flood insurance- If Borrower fails to maintain such insurance satisfactory to the Lender, Lander may make the payment on behalf of the Borrower and any sums expended shall be added to principal and bear interest at the rue provided in the Note. If the box preceding any'.rq tlyc following statements contains an "X", that statement is a part of this Security Instrument. ff the box tk Cao checked,the corresponding statement is rent part of this Security lastrument. r ti..V 7.' ❑ Paragraph 49 elf the IN�m40Fb"rrn Deed of Trust (which refers to the existence, if any, of an adjustable raiz feati+tf dole Note)h hereby deleted. 0 The Note secufi¢pereby of nCcs a construction loan or land loan but is not a combination Note. Paragraph 53 of the Mtste,Form Deed of Trust is hereby deleted. ❑ The Note secured hereby is a combination construction loan/permanent loan Note. Refer to paragraph 53 of the Master Form Deed of Trust. ❑ The Properly or a part thereof is a Condominium. Refer to paragraph 50 of the Master Form Deed of Trust. (". ❑ A fee owner and a leasehold owner of the Property, or a portion thereof, have executed this Security instrument. Refer to paragraph SI of the Muter Form Deed of Trust m ❑ The Property or a part thereof is a leasehold estate. Refer to paragraph 52 of the Master Form Dad of Trust. ❑ See also Schedule'A"of this Short Form Deed of Trust,attached hereto and incorporated herein by this reference. WITNESS the hand(s)and seal(s)of the Borrower,and each of than if more than one,on the day and year first above written. NORTHWARD HOMES,I ORPORATED A a I 1 (Over for notary ackoowledgameuea) (Pao.to4) 1.020-riwsi o119)ro) -ter-+- `.,'�� xa ;r! r_ ti s..._ - I NM STATE OF nt� 1 u. COUNTY OF I certify that I know or have satisfactory evidence that N [Name(s)of person(s)) is/are the person(s)who appeared before me,and said person(s)acknowledged that(he/she/they)signed art this instrument and acknowledged it to be(his/her/their)free and voluntary act for the uses and purposes mentioned in the instrument. Dated: r) (Signature) (10 (Seal or Stamp) Notary Public in and for the State of residing xt My commission expires • STATE OF [64 HI./ ) COUNTY OF Ilk C1 ) •L` r_ .._tit'N,M r y.... Mn a sztisfw .idsn rh2r 1 -t' t& _.....� '�tA off, _:..;,_.. _. (Name(i)of person(a)J is/are the person(s)who appeared before me,and said person(s)acknowledged that(he/she/they)signed this instrument, on oath ayged that ( shc/ih ) was/were uthorued to execute the instrument and acknowledged it as the ��4sL1 of thority,e.g., Trustee) of r eft asc..'flw .fa p t 4c (Name of the Party on R If of Whom the Instrument was Executed) to be the tree and voluntary act of such party for the uses and �n purposes mentioned in the instrument Dated: /0'e42—ii �f Uf ,e (Signature) c/ (_ a ett Notary Public' fat:the State of.11— 1 rJ'(i. t t/y :` 41211, tag residing at /��t�.�ut.lf--- ri My commission expires g"a*-0? IlbfT i • • titan''"S."S� (Past 4 ul f) a" L020-T fWAI •• y K • f°i3ti .sKl `t"Y� i im'' ' ter. • .. .....-.. EXHIBIT"A" THAT PORTION OF TRACTS 255, 256, 257, 275, 276 AND 277 OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO. 4, ACCORDING TO PLAT RECORDED IN VOLUME 11 OF PLATS AT PAGE(S) 82, KING COUNTY, WAHINGTON, [)ESCRIRRD AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT 277; THENCE SOUTH 89°43'59" EAST 114.44 FEET ALONG THE NORTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°43'59" FAST 517.18 FEET; THENCE SOUTH 0°34'06" WEST 221.97 FEET TO A POINT ON THE SOUTH LINE OP SAID TRACT 255; THENCE SOUTH 89°59'33" WEST 517.62 FEET ALONG THE SOUTHERLY LIEN OF TRACTS 255 AND 275; THENCE NORTH 0°33'45" EAST 80.05 FEET; THENCE NORTH 89°52'13" WEST 94.15 FEET TO THE BEGINNING O! A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°34' 02", HAVING AN ARC LENGTH OF 31.26 FEET TO A POINT ON THE EAST LINE OF JONES AVENUE; THENCE NORTH 0°33'45" EAST 90 FEET ALONG SAID LINE; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET AND FROM r A TANGENT BEARING SOUTH 0°33'45" WEST THROUGH A CENTRAL ANGLE OF CJ 90°25'58" HAVING AN ARC LENGTH OF 31.57 FEET; Q1 THENCE SOUTH 89°52'13" EAST 94.29 FEET; THENCE NORTH 0°33'45" EAST 94.40 PEET TO THE TRUE POINT OP 02 BEGINNING; .4 (ALSO KNOWN AS PARCEL 3 OP CITY OF RENTON LOT LINE ADJUSTMENT NO. Cifj m 010-86, RECORDED UNDER RECORDING NO. 8609229011.) 1 �► 1i ='� .vcs> �". �� ..�- ��sr_r df. .�?;':�'• Zt . .ems '-4 .� �. 0 1 i Return to: WASHINGTON FEDERAL SAVINGS — 425 Pike Street Seattle, Wa. 98101 Attn: Linda K. Valdez ISgsce Above This Line For Recording Dsol ADDITIONAL ADVANCE AGREEMENT THIS ADDITIONAL ADVANCE AGREEMENT made and entered on October 28, 1998 by and between Northward Homes, Incorporated, A Washington Corporation Borrower/Grantor), and Washington Federal Savings,a corporation in the United States of America("Lender"/Beneficiary/ Grantee). RECITALS: 3D'!'1( srAM_s OO N A. On or about October 15, 1998 , Borrower, in connection with Loan number C'3 075-207-213257-9 ,executed and delivered to Lender a Note(the"Original Note')in the original principal sum of Three Hundred Thousand and Nn/100'n (S 300.000.00 ),and providing for interest on the unpaid balance at the initial raze of C Nine and One 0uarter percent( 9_25 %)per annum,and maturing on October 15. 2000 • cri B. On or about the same date,Borrower executed and delivered to Lender,as security for the payment of the Original Note,a Mortgage or Deed of Trust(the'Security Instrument"). The Security Instrument was recorded in the office of the County Recorder, County Auditor or County Clerk of Rine County.State of Washington on October 27. 1998 as Auditor's/Recorder's number 9810271827 . The Security Instrument covers the following described real property(the"Property'). Lots 255-257 and 275-277, Hillmans Lake Washington, Garden of Eden 4 334390-2840-01, 334390-2064-00 See the 5th page of this document for the complete Legal Description, attached as exhibit "A" and by this reference incorporated herein. P. Washington Stair Only Acsescor's Property Tax Parcel/Account Number(s): c 1 C. Borrower is indebted to Lender under the obligation evidenced by the Original Note,and Lender is the owner and holder of the indebtedness evidenced by the Original Note. (Pap I uIq L0171 04/16/98 0 ewe D. Borrower has requested and obtained from Lender additional funds(the "Additional Advance")of an amount Three Hundred Ninety Three Thousand Seven Hundred Pitty (S 393,750.00 )and has executed and delivered so Lender a Note(the"Additional Note")of even date, in the original principal amount of the Additional Advance, providing for interest on the asses unpaid balance at the initial rate of Nine and One Quarter percent( 9.25 %) per annum. and maturing on October 15. 2000 - The Additional Advance as evidenced by the Additional Note is secured by the Security Instrument as pan of the "Loan Obligations" as f`? defined in Covenant I of the Security Instrument and is subject to the terms of all other instruments delivered to Lender in connection with the Original Note and Security Instrument, including particularly any Construction Loan Agreement or Land Loan Agreement. E. Except as noted in this Agreement,the obligations evidenced by the Additional Note and the Original CIO Note arc to be repaid in the same proportions and are to be subject to the sante terms, provisions. agreements.and stipulations. F. Lender and Borrower have agreed that the loans evidenced by the Original Note and the Additional Note shall be consolidated as to both debts and as a first priority lien as set forth below. NOW, THEREFORE, as an integral part of the loan transaction related to the Additional Note, as a condition to Lender making the Additional Advance,for valuable consideration,and in consideration of the mutual promises,covenants,conditions, and stipulations set forth in thi;Additional Advance Agreement. the parties agree as follows. I. PRINCIPAL LOAN BALANCE. As of this date, the unpaid principal balance owing under the Original Note is the sum of S 300,000.00 with interest paid through October 27, 1998 . The original principal balance of the Original Note of S 300,000.00 has been modified by an additional advance of principal,as evidenced by the Additional Note. Both the Original Note and the Additional Note am secured by the Security Instrument,as modified by this Security Instrument. The total principal of the Original Note and Additional Note, without deduction for partial principal payment(if at all)made previous to this date,is S 693,750.00 2. CONSOLIDATION OF OBLIGATIONS. The debts evidenced by the Original Note and the Additional Note and secured by the Security Instrument shall be and they are hereby merged and consolidate to the same extent as if simultaneously loaned and advanced to Borrower. 3. DISBURSEMENT OF LOAN PROCEEDS;LIEN PRIORITY STATUS;NEW CONSOLIDATED PAYMENT. Upon recordation of this Agreement,the net proceeds of the Additional Advance will be disbursed to the order of Borrower(and each of them,if more than one). The debts evidenced by the Original Note and the Additional Note shall together be and remain a first lien upon the Property without priority of one over another,and shall secure the repayment of the present gross indebtedness with interest on the unpaid balance. Said repayment shall be in accordance with all the terms and provisions of the two Notes, subject to the terns and conditions of Paragraph 6 of this Additional Advance Agreement. 4- INCORPORATION OF ADDITIONAL NOTE AND ADDITIONAL ADVANCE AGREEMENT AS PART OF"LOAN DOCUMENTS". Any right,remedy,or security which is held by or available to Lender in connection with either the Original Note,the Additional Note or the Security instrument, and including any right,remedy,or security provided by any Assignment of Rents and Income,or any Construction Loan Agreement or Land Loan Agreement, shall apply to both the Original Note, the Additional Note and the Security Instrument.irrespective of whether the instrument creating such right, remedy,or security refers only to one of the instruments described in this Agreement,and regardless of whether the instrument creating such right,remedy.or security was executed by less than all persons Identified as Borrower. This Additional Advance Agreement shall also be part of the "Loan Documents"as defined in Covenant I of the Security Instrument. 5. DEFAULT. Any default in either of the Original Note or Additional Note,under any other instrument securing the payment of either of the Notes.under any instrument relating to or under any instrument providing any right. remedy, or security in connection with either of the Notes or the Security Instrument,shall constitute a default in and under all of the instruments referred to in this Paragraph. 6. PREFERENCE OF TERMS OF ADDITIONAL NOTE; NEW MATURITY DATE AND LOAN INTEREST RATE. The terms of the Additional Note and of all instruments in any way related to the loan associated with the Additional Note.including this Additional Advance Agreement,shall govern and apply is the extent of any conflict or inconsistency whatsoever which may exist between such instruments and the Original Note. Without limiting the general application of the foregoing, the l following shall apply: (Page 2 of 4) 1.01 71 04/16199 A MIMS a. NEW MATURITY DATE. The Maturity Date set forth in the Additional Note shall modify and apply to the Original Note and the Security Instrument. The new Maturity Date on the entire loan, including the Original Note and the Additional Note(as modified by ibis Additional Advance Agreement), is now and shall be October 15. 2000 b. NEW LOAN INTEREST RATE. The Loan Interest Rate set forth in the Additional Note shall modify and apply to the Original Note and the Security Instrument. The new Loan Interest Rate on the entire loan, including the Original Note and the Additional Note(as modified by this Additional Advance Agreement),is now and shall be Nine and One quarter percent( 9.25 %) 7. SURVIVAL OF TERMS. Except as set forth in this Additional Advance Agreement, all of the term. covenants,and conditions of all of the instruments referred to herein shall remain in full force and effect. Notwithstanding any provision hereof which might be construed to the contrary,thin Additional Advance Agn�nlcrtt shall in no way affect the validity,priority,or binding effect of the Security Instrument. 8, BENDING EFFECT. This Agreement shall inure to the benefit of and be binding upon the heirs,personal reprrseotatives,nunisnors and assigns of Lender and Borrower. DERA VI S Y: l�,pi 1 6. Title: nior Vice President BORRROWER'S ACKNOWLEDGEMENT OF RECEIPT AND ACCEPTANCE The undersigned Borrower,and each of them,acknowledge receipt and accept the terms and conditions of f47 the above stated Additional Advance Agreement. C', Northward Homre_ Inc_ • Richard A. Gilroy, : esldent (Over for notary a cknowladgetnenLt) .10 (cart 3 of 47 t 01 71 Dan 8r98 ! o STATE OF )as. COUNTY OF I certify that I know or have satisfactory evidence that N N f") IName(s)of person(s)J el ware the person(s)who appeased before me.and said person(s)acknowledged that(he/she/they)signed this C instrument and acknowledged it to be (his/her/their) free and voluntary act for the uses and purposes mentioned in the instrument. fie Dated: (Signature) (Seal or Stamp) Notary Public in and for the State of _ residing at My commission expires STATE OF LL{S h l ! ) )ss. COUNTY OF coesihta&N Kl11 I certify that I know or have satin tory evidence that 11,?WA A . C, II ra' J(Narne(s)of person(s)) is/are the person(s)who appeared before me.and said person(s)acknowledged that(he/she/they)signed this instrument, on oath stated that (b /phc/the was/were authorized to execute the instrument and acknowledged it as the Y I�S cs-LT (Type ofrAuthority„p.g.,Officer,Trustee) of /l)LYI-^tr-f411(4-1 (Name of the Party on Behalf of Whom the Instrument was Executed) to be the free and voluntary act of such party for the uses and purposes mentioned in tle instrument. Dated: /C. 1;k,kr _ (Signaturc) (Seal or Sta ).tpJ/tn/ Notary Public and for the State of //U \\a� �,. L�/�' f/ residing at ,tYA�L•Y,I S)1 (( -% • • 6 b My commission expires 9y • > ///pn.,I:ul,l r,fr (Pant I of q LOl 71 oan erse 0 • - 1 - • EXHIBIT "A" • THAT PORTION OF TRACTS 255, 256, 257, 275, 276 AND 277 OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO. 4, ACCORDING TO PLAT RECORDED IN VOLUME 11 OF PLATS AT PAGE(S) 82, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT 277; THENCE SOUTH 89°43'59" EAST 114.44 FEET ALONG THE NORTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°43'59" EAST 517.18 FEET; THENCE SOUTH 0°34'06" WEST 221.97 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 255; THENCE SOUTH 89°59'33" WEST 517.62 FEET ALONG THE SOUTHERLY LIEN OF TRACTS 255 AND 275; THENCE NORTH 0°33'45" EAST 80.05 FEET; THENCE NORTH 89°52'13" WEST 94. 15 FEET TO THE BEGINNING OP A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°34'02", N HAVING AN ARC LENGTH OF 31.26 FEET TO A POINT ON THE EAST LINE OF "JONES AVENUE; II THENCE NORTH 0°33'45" EAST 90 FEET ALONG SAID LINE; 0 THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET AND FROM C A TANGENT BEARING SOUTH 0°33'45" WEST THROUGH A CENTRAL ANGLE OF 0 90°25'58" HAVING AN ARC LENGTH OF 31.57 FEET; '"4THENCE SOUTH 89°52'13" EAST 94.29 FEET; (a THENCE NORTH 0°33'45" EAST 94.40 FEET TO THE TRUE POINT OF 0 BEGINNING; (ALSO KNOWN AS PARCEL 3 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. 010-86, RECORDED UNDER RECORDING NO. 8609229011.) 1 I • • 11111 FILED FOR RECORD AT REQUEST OF AND AFTER RECORDING RETURN TO: Name: Nancy P.Bennett Address: 2612 Jones Avenue N.E. City,State,Zip: Renton,WA 98056 DEED OF TRUST Grantor: Northward Homes,Inc. Grantee: Nancy P.Bennett Legal Description: Aar 3,City of Renton Lot Lines Adjustment No.010-86,recorded under Recording No.8609229011. Tax Parcel No.: • 334390-2064-00 Related Instruments: N/A 1gr AM-R gD'7r71-5 lJ THIS DEED OF TRUST is made this I g day of October, 1998, between NORTHWARD HOMES,INC.,GRANTOR,whose address is 1560— 140TM Avenue N.E.,#100, Bellevue, WA 98005, FIRST AMERICAN TITLE INSURANCE COMPANY, a corporation, an TRUSTEE, whose address is Fourth and Blanchard Building, Suite 800, 2101 Fourth Avenue, Seattle, Washington 98121 and NANCY P. BENNETT,an unmarred woman,BENEFICIARY, whose address is 2612 Jones Avenue N.E.,Renton,WA 98056. W1TNESSETH: Grantor hereby bargains,sells and conveys to Trustee in Trust,with power of sale, the following described real property in King,County,Washington: 1 zR See attached Exhibit A for legal description which real propertyis not used principally foragricultural or farmingtogether with all the P P f purposes, B tenements,hereditments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining,and the rents,issues and profits thereof. M! This deed is for the purpose of securing performance of each agreement of grantor herein contained and each agreement of grantor contained in that certain Purchase and Sale Agreement between Grantor,as Buyer,and Beneficiary,as Seller,dated as of June 15,1998,as amended by Amendment dated August 17, 1998(collectively,the"Purchase Agreement"). i�t • • • To protect the security of this Deed of Trust,Grantor covenants and agrees: I. To keep the property in good condition and repair;to permit no waste thereof;to complete any building,structure or improvement being build or about to be built thereon;to restore promptly any building, structure or improvements thereon which may be damaged or destroyed; and to comply with all laws,ordinances, regulations,covenants,conditions and restrictions affecting the Propefty. 2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens or encumbrances impairing the security of this Deed of Trust. 3. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee,and to pay all costs and expenses,including cost of title search and attomey's fees in a reasonable amount,in any such action or proceeding,and in any suit brought by Beneficiary to foreclose this Deed of Trust. 4. To pay all costs, fees and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and anomey's fees actually incurred,as provided by statute. 5. Should Grantor fail to pay when due any taxes, assessments, insurance premiums. liens, ry encumbrances or other charges against the pioperty hereinabove described,Beneficiary may pay the X same,and the amount so paid, with interest at the rate of ten percent (10%)per annum,shall be nadded to and become a part of the debt secured in this Deed of Trust. , 6. This Deed of Trust is subordinate to the lien of the first position deed of trust which secureas O �.d repayment of Grantor's indebtedness to its construction lender,in the amount of S Sod,Dee. Cr (the"Construction Loan"). Any default of Grantor under its Construction Loan shall constitute a default hereunder. 7, Sale or Transfer. If the Property or any part thereof is sold, conveyed, transferred, encumbered or full possessory rights therein transferred,or if a controlling interest in Grantor(if a corporation) or a general partnership interest in Grantor(if a partnership)is sold, conveyed, transferred or encumbered, without the prior written consent of Beneficiary, then Beneficiary may declare all sums secured by this Deed of Trust immediately due and payable. This provision shall apply to each and every sale,transfer,conveyance or encumbrance,regardless of whether Beneficiary has consented or waived its rights, whether by action or nonaction, in connection with any previous sale,transfer,conveyance or encumbrance. IT IS MUTUALLY AGREED THAT: I 1. In the event any portion of the prupcity is taken or damaged in an eminent domain proceeding,the entire amount of the award or such portion as may be necessary to fully satisfy the obligation secured hereby,shall be paid to Beneficiary to be applied to said obligation. AJCIhLL',DA TA,.1,SV, -MM.% 2 moo • moms 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto on written request of the Grantor and the Beneficiary,or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. 4. Upon default by Grantor in the performance of any agreement contained herein or in the Purchase Agreement, upon written request of Beneficiary,Trustee shall sell the trust property, in accordance with the Deed of Trust Act of the Stale of Washington,at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (I)to the expense of the sale,including a reasonable Trustee's fee and attorney's fee;(2)to the obligation secured by this Deed of Trust;(30 the surplus,if any,shall be distributed to the persons entitled thereto. 5. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the property which Grantor had or had the power to convey at the time of his execution of this Deed of Trust, and such as he may have acquired thereafter, Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust,which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchaser and encumbrances for value Q" 6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State ▪ of Washington is not NI exclusive remedy; Beneficiary may cause this Deed of Trust to be j foreclosed as a mortgage. • 7. In the event of the death, incapacity,disability or resignation of Trustee, Beneficiary may appointCC in writing successor trustee,and upon the recordingof suchappointment in the mortgage aW record of the county;in which this Deed of Trust is recorded,the successor Trustee shall be vested with all powers of the original trustee. The Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. 8. This Deed of Trust applies to inures to the benefit of,and is binding not only on the parties hereto, but on their heirs, devises, legatees, administrators, executors and assigns. The term Beneficiary shall mean the holder and owner of the note secured hereby,whether or riot named as Beneficiary herein. :t I,,n1D4I4,*NLIN“M.01.44.& 3 .. sma • • ssmi • NORTHWARD HOMES,INC. chard Gilroy Its: President . 41, STATE,OF WASHINCITONI STATE of /. ss. ) ss. ; ; COUNTY OF X ) COLIN7Y:)F ( ! I certify that I know or have satisfactory On this evidence that 199 before me lOppeared is the person who appeared before mc,and said and person acknowledged that signed this of the corporation instrument and acknowledged it to be executed the within and foregoing free and voluntary act for the uses instrument,and acknowledged said instrument and purposes mentioned in this instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes Dated: therein mentioned,and on oath stated that he/she was authorized to rr-ecute said instrument and that the seal affixed is the corporate seal of said corporation. Tl In Witness Whereof I have hereunto set my hand and affixed by official seal the day and year first above written. C`2 Q (Print Name) My Commission Expires: residing at CIO Notary Public in and for the State of fit tllu rrt Washington,residing at No he in and fur the State of L.i�•�j7�-- My commission expires: (Print time) _ (Srgna Alk.I1ralOOATA111T10111trrVrO,A1l0C 4 V • EXHIBIT "A" THAT PORTION OF TRACTS 255, 256, 257, 275, 276 AND 277 OP C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO. 4, ACCORDING TO PLAT RECORDED IN VOLUME 11 OF PLATS AT PAGE(S) 82, KING COUNTY. WASHINGTON. DESCRIBED AS FOLLOWS& BEGINNING AT THE NORTHWEST CORNER OF TRACT 277; THENCE SOUTH 89°43'59" EAST 114.44 FEET ALONG THE NORTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°43'59" EAST 517.18 FEET; THENCE SOUTH 0°34'06" WEST 221.97 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT 255; THENCE SOUTH 89°59'33" WEST 517.62 FEET ALONG THE SOUTHERLY LIEN OF TRACTS 255 AND 275; THENCE NORTH 0°33'45" EAST 80.05 FEET; THENCE NORTH 89°52'13" WEST 94.15 FEET TO THE BEGINNING OP A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89°34'02" HAVING AN ARC LENGTH OF 31.26 PERT TO A POINT ON THE EAST LINE OF JONES AVENUE; • THENCE NORTH 0°33'45" EAST 90 FEET ALONG SAID LINE; N THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET AND FROM Cr A TANGENT BEARING SOUTH 0°33'45" WEST THROUGH A CENTRAL ANGLE OF 0 90°25'58" HAVING AN ARC LENGTH OF 31.57 FEET; N THENCE SOUTH 89°52'13" EAST 94.29 FEET; CV THENCE NORTH 0°33'45" EAST 94.40 FEET TO THE TRUE POINT OF BEGINNING; cri (ALSO KNOWN AS PARCEL 3 OP CITY OF RENTON LOT LINE ADJUSTMENT NO. .4111 010-86, RECORDED UNDER RECORDING NO. 0609229011.) ) f, t • arm AFTER RECORDING MAIL TO: Northward Homes, Inc, 1560 - 140th Avenue NE, 8100 Bellevue, WA 98056 low Filed for Record at Request of First American Title/Seattle FYaAmeriemr rile Escrow Number: 425845SI Insurance Company Subordination Agreement Reference Number(s): Grantor(s): NANCY P. BENNETT Grantee(s): WASHINGTON FEDERAL SAVINGS BANK NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. The undersigned subordinator and owner agrees as follows: i8a AM_! Ire, i_.5 I. NANCY P. BENNETT referred to herein as'subordinator'.is the owner and holder of a mortgage dated OCTOBER 15 4,51� is rw hss.u'in...Au., 0.r4Ggague.page under auditor's file No. CicIAO) -1 j - ,records of KING County. +) 2. WASHINGTON FEDERAL SAVINGS BANK ',fin referred to herein as'lender',is the owner and holder of a mortgage dated OCTOBER 15 1998 executed by NANCY P. BENNETT [� (which is recorded in volume of Mortgages,page ,under C1 auditor's file No. k01- 1WAS records of KING County)(which is to • be recorded concurrently herewith). 3. Northward Homes, Inc., a Washington corporation referred to herein as 'owner', is the owner of all the real property described in the mortgage identified above in Paragraph 2. 4. In consideration of benefits to'subordinator'from'owner',receipt and sufficiency of which is hereby acknowledged, and to induce 'lender' to advance funds under its mortgage and all agreements in connection therewith,the'subordinator'dots hereby unconditionally subordinate the lien of his mortgage identified in Paragraph I above to the lien of lender's-mortgage.identified in Paragraph 2 above,and all advances or charges made or accruing theoeunnder,including any extension or renewal thereof. g 5. 'Subordinator'acknowledges that,prior to the execution hereof,he has had the opportunity to examine • the terms of lender's"mortgage,note and agreements relating thereto.consents to and approves same,and recognizes that'lender'has no obligation to'subordinator'to advance any funds under its mortgage or se: to the application of'lender's'mortgage funds,and any application or use of such funds for purposes other than those provided for in such mortgage.note or agreements shall not defeat the subordination herein made in whole or in part. • 6 It Is understood by the parties hereto that'lender'would not make the loan secured by the mortgage in R Paragraph 2 without this agreement. 1. This agreement shall be the whole and only agreement between the parties hereto with regard to the subordination of the lien or charge of the mortgage first above mentioned to the lien or charge of the mortgage in favor of lender above referred to and shall supercede and cancel any prior agreements as to such, or any, subordination including, but Dot limited to, those provisions, if any, contained in the • mortgage first above mentioned, which provide for the subordination of the lien or charge thereof to a . B mortgage or mortgages to be thereafter executed. Pi • 8. The heirs,administrators,assigns and successors in interest of the'subordinator'shall be bound by this agreement. Where the word'mortgage'appears herein it shall be considered as'deed of trust',and gender _if and number of pronouns considered to conform to undersigned. Ate 1 IP&)] • • 71 • MID Executed this 49.02" thy of De.h r-4--- / I// NOTICE: THIS SUBORDINATION CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF so WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND.IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT.THE PARTIES CONSULT THEIR ATTORNEYS WITH RESPECT THERETO. Nor Ho• a, I Nancy P, nett Richard A. GI ,"President STATE OF WASHINGTON County of KING SS' I certify that I know or have satisfactory evidence that NANCY P. BENNETT 1 s the person who appeared before mc,and said person acknowledged that she signed this instrument and acknowledge it to be her free and voluntary act for the uses and purposes mentioned in this instrument. Dom: October 1998 srsta the eRo rs Suzann htoder a slr Notary c io and for the State of WASHINGTON ' sjRuidins si REDMOND CI) o "0;., My appointmear espirca: 2/02/02 YYWO4 I:. 1 i h 9. 44.4.sooldp rt t r%%\NN%%, 404 r✓ Pals 2 IP9 7 t • . • NM • OM STATE OF WASIIINGTON. ACKNOWLEDGMENT-Individual s County of I fit this day peon y appeared before me to me known to he the individualist detmhed in and who executed the within and foregoing instrument.and acknowlMged shag signed the same as ____ _ Iron and voluntary act and deed.fur the uses neat purposes therein mentioned. GIVEN under my hand and official seal this__. day of .19 Notary Paths in and for she Sins of War/fnpon. residing as My appointment expires STATE(IF y'A.SHIN(1'ON, ACKNOWLEDGMENT-Corporate ss County of /_LLC J ��I On rho iQ day of ON�e t-&J 19q,before meAthe undcnigocdc 'a No d Notary Public in and for the State of Wa>hmgt dun commissioned and sworn,personally appeared JAL\l l'i • -‘119.----_----- l0 me Ilowm 10 he the al _ ___._Treat and Secretary.respectively•of ../ IN �{4--the cu.prualim that eseculed the foregoing instrument.and acknowledged the said instrument toand he the free a voluntary an net and deed of sad corporation.for the odea and prry ther ein erein mentioned.and oo oath stated that / _ t" outhunted in execute she said instrument and that the seal affixed(if any)is the corporate teal of said corpoeauon. 01 CDWnneat no hand and official seal herein afford the day and year first atone written. Un • ac, nffff fiel % +�',r if ` K rr I. 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INII•i'i '+it tie:� •ItL'!12 ,'tS 1•.t!•..v1x 7'w.•...'1- rt Lot t • kI .0.,.Ia L� Cl iI( I :i I t t'Ira-:Ma.t t]:••1 •i•S4 •41.4't a•"•. •"t•a,t try• .:•elate a u•a'• •••a''t.••.• ' :� •NI 1•'N.a.I•.N t:,• w ••..,•.i •••af..•1 a• • i :.. • •l••••a 04.4.4,.'H: .••RY• ••I I I }•�l :1...30 4 C•4:`•••.••:.I•t•••t mt..at.••f•f •1.It•w•1.. f I )y--.i 14_.-'_r►.. .1+ V wit a ,.1w•.It•.•11 ,N•y..-Y!•ant:•.•t. • •• .. .1 I ` .. % , • ,f •J[.s :(•. sans I1N i•.a• N:...•a.r.:a N I.r.-,R ^I -..».-. ` •a swat 1�I WO o t.,..•••r./1•..q.•4•+•1 Ce 1.'0.w.•t. .I..••••'a 1.1M ' r..t„•-..r..•.!:r.a••.....•.-a•♦•.[.w.•••„I••r•1,t....'. i 1 �7.JMl..,• _ I I .•►'�►l410i•• lit -� • • ... •1• w•••af N•v1••f t 1 ii,t 4'I••a•:4.•n• •I aI► 1 I 4•-a• r J •..,.St.1•• •••• .r•N.•...a••1•.a,: ••I.t.-•.1•t•• ' ' • St •1 Dt• •_I: [4 140 t 1+�•••t.•1 t.'ti'• .l[ 1 p I 4C.a")1 i] t ,.1 I u_..•1 •..-,•v:.1•. •• !?'•a•-.t•a•1 Tait L.__.� f 1 I. • . 111 a.•.1::NM i•ary.,•1•••at.•, •••,:• ...�...• J. •-.tl.y,Bait�• ll! ••••'R A•.••.11a•I :: .�-- - I`-- ����.- -.go-• ...- ./ ;f 1....�• C of 1......•..u':•K.11:•h••Ii •..rry �.� . M••.Y t1.►O•• I _.t.t.-••a r1...•s•.11r•a'7 ••us .a.a_t• r••.•C[ / . II UMW/ OP-ow •?VI on 147 4•I•a-! ' a..a t►•io•• to outpost* ;an, tat.••)) . • - • w tifftrnrStTvrr- - ---' - �q1(-7 i....la.1. w� i i I -__._•__s•••ItS .�_'a 1".`♦• 3 .a la 4'1t !1 ita to rtr .•"' I J 7'> J N• /+w !tat Jt at p A v. t .• 1••-.•••,c•n n:..•1444.1 1.71:a J. • y 0 11 !Ia• •�71: ww•1•a •!o p.Ntvt.0 land t1V.1•1 I ...i+t o•o a•7•trvn•)!w n4•w• K la, 10 r1 C.•.:a.fr IA 4:••R•,:•1[-.:•,t : ••.PantN wta Wt.M••r.ft-asap ... N fV•wx• I . r/� • ' /y t.a•.!•ra...:N••� .ca N.t away•a..a.i t K . .t9 fl,..• f fCJ,ty C•'(•InCt'3-_ rajalt4`i.1tT:�T<T1.a:. I j 4,,ta•-J •c; • �, s !r L ( . It RA tN 4 '.141 I'a/.y•.••r:iT!::♦au.Caar, :N 01.suit �'•��.Y K 1 N fa T�._ tr.w 7a'- TpO z}� �j .:ol selin•[x[,ita.,1rw.lta•Cr •,•1- a1 S i1$ a i i IC.,L?K•r•.11 '11•1N,n maws b t'1410:1 MU 'J^ILI'CIES 1 Fir%04/09 #i ,'5 E RECG F €..00 CRSH.•I_ s:**w:6.00 EASEMENT • THIS IY9iRU''G NT made thi 3 • day of 1) l 1'J oy and bet.een 8nd hereinafter called Grantor, and Nancy Bennett, hereinafter called Grantee. W ITNE SSETE: r‘. That said Grantor, for and in consideration of the sum of $1.00 paid by Grantee, and other valuable consideration, do by taese presents, grant,bargain, sell,convey, and warecnt unto the said Grantee, its successors and assigns, an easement for public utilities (including water and sewer) with necessary appurtenances over, through, across and upon the following described proper-, ir. King County, Washington, more particularly described as follows: The West 20 feet of Parcel 3, of Renton Lot Line Adjustment :0.-01C-M6 as recorded under Auditors File N0. 86092290J11. Said easement is for the benefit of Parcel 2 of said Lot Line Adjustment. m• —o 0 Wi• t;, v. ..) • -t .L g A on n 1^ my : i UR i�i.uJ � , i gill i.�i WIF .,.ti THE CM CM .:MUM.BIDG. WA MI5 . . .i 4 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 property for the purpose of con- structin , maintaining, repairing, altering or reconstructing said utilities,or making any connections therewith, without incurring any legal obligations or liability therefore, provided, that such construction, maintaining repairing, altering or r-c©nstruction of said utilities shall be accomplished in such a manner that L7 the private improvements existin:; in the right-of-way shall not be disturbed or N'- damaged z they will be replaced in es good a condition as they were immediately ,7 before the property was entered upon by the Grantee. rA The Grantor shall fully use and enjoy the aforedescribed premises, .�r including the right to retain the right to use the surface of said right-of- _-, way if such use does not interfere with the installation and maintenenm of the However, erect buildings or structures over, ut��ities. the grantor shall not under or across the right-of-way during the existence of such utilities. This easement, shall be a covenant r nnir; with the land and shall be binding on the Grantor, his su-cessors, heirs end assigns or until such time that said easement becomes public right-of-way. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to e:<ecute this agreement. and STATE OF ',:AS'HING1ON COUNTY OF KING I, the undersigned, a notary .u.,1ic in end fbr the State of Washington, hereby certify that on this _ day of / 19;1 7 personally appeared before me J•�' '' J i/• 'i and 4 ,'f ; to me -Known to be individual(- described in Wad who executed the foregoing instrument, and acknowledged that ,1/ti1 signed and sealed as f ' free end voluntary act and deed for the uses and purposes therein mentioned. l Notary ?ublic in ands or tie 3tp�e Washington, residing at 1 `�'�,'� `_ RE0°',u,5 one FILED f:i.7ri nECOR(? EY WARREN e4 t:tLLOGG. P.S. '7 I,!,•%% ATTORNEYS Al LAW- 100 S. 2nd St. 1 P.O. Box 626, Renton. WA 9p067 , BrLj;l • EASEMENT FOR UTILITIES THIS INSTRUMENT, made this day of�`'�/'C"/ e2A' 1989, by and between NANCY BENNE , hereinafter called "Grantor," and THE CITY OF RENTON, a municipal corporation of King County, • Washington, hereinafter called "Grantee." WITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) 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 public utilities (including water and sewer) with • necessary appurtenances over, through, across and upon the following described property in King County, Washington, more d' particularly described as follows: That portion of the Northwest 1/4 of the Northeast 1/4 h of Section 5, Township 23 North, Range 5 East, W.M. King County, Washington, more particularly described as r4 follows: r4 0) Commencing at the Southeast corner of Parcel 3, Lot Line 00 Adjustment 010-86 as recorded in Volume 51 of Surveys, page 148, records of King County, Washington; Thence North 0°34'06" Eaet along the East line of said parcel a distance of 75.00 feet and the True Point of Beginning; Thence North 89°19'10" West a distance of 137.25 feet; Thence North 77°14'37" West a distance of 135.42 feet; Thence North 0°33'45" East a distance of 116.59 feet; Thence South 89°43'59" East a distance of 15.00 feet; Thence South 0°33'45" West a distance of 104.49 feet; Ri �,o� 53 Thence South 77°14'37" East a distance of 121.73 feet; T Thence South 89°19'10" East to a point of the East m v boundary line of said Parcel 3 a distance of 135.67 . feet; N 88 ORIGINAL EXCISE TAX NOT REQUIROR ►wc co.Ra:vas Division o BY ! pepulyo EASEMENT FOR UTILITIES-BENNETT PARCEL-1 • Thence South 0034'06" West to the True Point of Beginning a distance of 15 feet. Together with a temporary construction easement described as follows: A strip of land being 15 feet in width lying adjacent to and parallel with the Northerly and Easterly line of the above described property. Said temporary construction easement shall remain in force during construction and until such time as the utilities and appurtenances have been accepted for the operation and maintenance by the Grantee, but not later than October 1, 1990. Said heretofore mentioned grantee, its successors or assigns, shall have the right, without prior notice or proceeding at law, d' at such times as may be necessary to enter upon said above r4 described property for the purpose of constructing, maintaining, V, repairing, altering or reconstructing said utilities, or making any connections therewith, without incurring any legal obligations N or liability therefore, provided, that such construction, maintaining, repairing, altering or reconstruction of said r4• utilities shall be accomplished in such a manner that the private 01 improvements existing in the right-of-way shall not be disturbed Q or damaged, they will be replaced in 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 utilities. However, the grantor shall not erect buildings or structures over, under or across the right-of-way during the existence of such utilities. This easement shall be a covenant running with the land and shall be binding on the Grantor, hie successors, heirs ane. 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. Additional terms and conditions on Exhibit A attached her@ o and in5rorporated by reference. DATED: /2 c'-c) 3 , 1989. NANCY BENNETT EASEMENT FOR UTILITIES-BENNETT PARCEL-2 • STATE OF WASHINGTON ) ) 8s. COUNTY OF KING I certify that I know or have satisfactory evidence that NANCY BENNETT signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: ;4717V7 "7 - , 1989. / / . , i l%1/ ( ! Notary Public in and f th �W1 c, of Washington, residi in/:>A ' My appointment expires: //,/721 "_613 O CITY8:08-10/16/89-as. GD EASEMENT FOR UTILITIES-BENNETT PARCEL-3 EXHIBIT A TO EASEMENT FOR UTILITIES GRANTOR: Nancy Bennett GRANTEE: City of Renton During construction, the grantee shall locate permanent water and sewer stubs to both sides of the permanent easements and size the utilities connection sufficient to allow water and sewer service to ten residential homesites. Grantor agrees to pay the city's normal hookup charge for water and sewer service at the time the residential c 1 P lots are developed. Currently, such charges amount to r4 $1,320 per lot. However, the grantee cannot determine G what these charges will be in the future. (. '1.4 i) NANCY BErWETT, Grantor 00 ' o • iS Return Address: City Clerk's Office City of Renton 1055 South Grady Way , 8 Renton,WA 98055 EXCISE TAX NOT REQUIRED yjn200,• ., . ptrlsion Title' ITTIII,TTIFS EASEMENT Property Tax Parcel Number: 33 43 90 20 1.4- Project File 8: )4s p —Z!47- Street Intersection or Project Name:t;ttta-ratww Reference Number(s)of Document amended by this easement by request of the City of Renton:8911170514 Grantor(a): Graotee(e): I. Nancy Bennett I. City of Renton,a Municipal Corporation C The Grantor,as named above,for or and in consideration of mutual benefits,herein,grants,bergains,sells and delivers to Cr the above earned Grantee,the following described property: e LEGAL DESCRIPTION: oi That portion of Parcel 3 of City of Renton Lot Line Adjustment No.010-86,Recorded under Recording Number N 8609229011,records of King County,Washington; Situate in Section 3,Township 23 North,Range 5 East.W.M.,in King County,Washington,lying within the larger easement oral deseribcd as: Commencing at the Mono grunt Io Case at the lattnectloe of NE 24th Street sod Aberdeen Avenue NE,theca N 00°31'39"E,along too centerline of Aberdeen Avulse NE,a distance of 807.56 fed,to a point from which the Monetacet In Case at the Intersection of Aberdeen Avenue NE and NE 27th Street bean 8 00°31'39"W,a dbtaace of 197-2 feet;Thence N 88"56'14"W,a distance of 30 feet; Themes N 88°56'14"W,a distance of 445.54 feet; Thence S SO'36'31"W,a distance of 90.36 fat; Thence N 88'56'14"W,a diseases of 117.7 feet,to the True Point of Beginning; The following described line Is the etaterline of a 15.00 foot wide easement being 7-50 feet on each side of said centerline; flame continuing N 88'S6'14"W,a distance of 100.00 feet;Thence N 57'23'02"W,a distance of 19I.N feet; Theme N 00°23'26"Woe distance of 44.36 feet to a point on the soethaly boesdary of the Wails Short Plat as recorded by KLg County Rtcnrdlog Number 9412209001,sold point bean N 118'42'44"W,a diataaco of 225.34 feet from the southeast corner of amid Wells Short Plat. Side flees lengthe,or shorten to points of intersections,strata and plat boundaries. This easement replaces that certain casement recorded under King County Recording Number 8911170514 attached hereto as pages 3 S. Page I of 5 • 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 property(the right-of-way)in King County,Washington,more particularly described on page I. 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 .Grantee shall anon completion of any wnrk 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 casement righlt granted to the Grantee Grantor shall not,however,have the nght 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 Use utilities to be placed within the easement by the Grantee;or C) 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. Q d Dig,tunnel or perform other forms of construction activities on the piupvry which would disturb the t;"7 compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities. r•* c Blast within fifteen(I5)feet o[the rightof-way. C Phis easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest 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. (n By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same This conveyance shall bind the heirs,executors,administrators and assigns forever. / / � o IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this/-7 day of l•K.f 19_1d. Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING I certify that I know or have satisfactory evidence that fER' C t( 36NLLEr signed this instrument and b r c,.,PSI p yvI acknowledged it to be-Ms/het/their free and voluntary act for the uses and purposes gori'r!^ mentioned in the instrument wria 4111C > r" L►t/.4C • o At1.9p Notary Public in and for the S to f Washin on Notary(Print) ).. • D I S f}Q My appointment expires: ,n-16/I aIQO I j Dated. IQ JII ndr pripserOfsrnu'oennettttabt0't Page 2 DI 5 • Its At.t:1 , FlLEO f OR FiFiCOFQ cr WARREN er htLLGGG, P.S. tt, ATTORNEYS AT LAW- 100 S. 2nd SL 110111 11 �� P.O. Loos 026, Ruston. WA 96067 • EASEMENT FOR uTILITIES THIS 1NSTNUMISlfl, made this >% 'day ul i•-��'' 1989, by and between NANCY BENNEIT, hereinafter called 'Grantor," and THE CITY OP RENTON, a municipal corporation of King County, Washington, hereinafter called 'Grantee.' NITNESSETH' That said Grantor, for and in consideration of the sum of Ten O Dollars ($10.00) 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 CD easement for public utilities (including water and sewer) with cl necessary appurtenances over, through, across and upon the 'f0 following described property in Xing County, Washington, more N d' particularly described as follows, N is O That portion of the Northwest 1/4 of the Northeast 1/4 (` of Section 5, Township 23 North, Range S East, N.N. King County, Washington, more particularly described -as follows, I-4 07 Commencing at the Southeast corner of Parcel 3, Lot Line CO Adjustment 010-86 ea recorded in Volume 51 of Surveys, page 148, records of Xing County, Washington; Thence North 0°34'06' Bast along the East line of said parcel a distance of 75.00 feet and the True Point of Beginning; Thence North 89°19'10' West a distance of 137.25 feet; Thence North 77°14'37' West a distance of 135.42 feet; Thence North 0°33'45' East a distance of 116.59 feet; Thence South 89°43'59' East a distance of 15.00 feat; Thence South 0°33'45' Nest a distance of 104.49 feet; 53 al RI Thence South 77°14'37' East a distance of 121.73 feet; T q S Thence South 89°19'10' East to a paint of the East boundary line of said Parcel 3 a distance of 135.67 Rrn feet; Wpm 8H j ORIGINAL EXCISE TAX NOT REOUIR* 0.Records chisicii O 8 ( , Deputy§ a 0 EASEMENT FOR UTILITIES-HENNETT PARCEL-1 r/),. r O a sr • . Thence South 0°34'06• West to the True Point of Beginning a distance of 15 feet. Together with a temporary construction easement described as follows' A strip of land being 15 feet in width lying adjacent to and parallel wiU, 14. :.r.l.arlj and .....tcrly line of the above described property. Said temporary construction easement shall remain in force during construction and until such time as the utilities and appurtenances have been accepted for the operation and maintenance by the Grantee, but not later than October 1, 1990. .r. Said heretofore mentioned grantee, its successors or assigns, .7 shall have the right, without prior notice or proceeding at law, CI at such times as may bo necessary to enter upon said above gi described property for the purpose of constructing, maintaining, f4 repairing, altering or reconstructing said utilities, or making any connections therewith, without incurring any legal obligations '4 or liability therefore, provided, that such construction, OD maintaining, repairing, altering or reconstruction of said utilities shall be accomplished in such a manner that the private an improvements existing in the right-of-way shall not be disturbed or damaged, they will be replaced in es good a condition as they were immediately before the property wag entered upon by the Grantee. The Grantor shall fully use and enjoy the aforedeacribed 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 utilities. However, the grantor shall not erect buildings or structures over, under or across the right-of-way during the existence of such utilities. This easement shall be a covenant running with the land and ehall be binding on the Grantor, his 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. Additional terms and conditions on Exhibit A attached hergt4 and incorporated by reference. DATEDs lLs�e� . , 1989. HANCY BEHRETT EASEMENT LOB UTILITIES-BEHHETT PARCEL-2 e`I cr MB • me STATE OF WASHINGTON ) es. COUNTY 0P KING ) I certify that I know or have aatiefactory evidence that NANCY BENNETT signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the ..oats laa:.:. DATED: 7//7141,07 3 , 1989 CD L Notary Pu c n and t of Washington, reeld 1 ^^. JDMy appointment expires: �/ P,,3—q3 NCITTE1O6-10/16/89-es. OC 11 EASEMENT FOR UTI:.ITIES-BENNETT PARCEL-7 Ps s- **************************************************************** City of Renton WA Reprinted: 04/28/99 15 :40 Receipt **************************************************************** Receipt Number: R9901922 Amount: 1, 000 . 00 04/28/99 15 :40 Payment Method: CHECK Notation: 1250WHISPERING Init: CRP Project #: LUA99-066 Type: LUA Land Use Actions Total Fees : 1, 000 . 00 This Payment 1, 000 . 00 Total ALL Pmts : 1, 000 . 00 Balance: . 00 **************************************************************** Account Code Description Amount 000 .345 . 81. 00 . 0009 Final Plat 1, 000 . 00 CITY OF RENTON DEVELOPMENT SERVICES DIVISION CITY OF AE.N ON MEMORANDUM JUN 0 9 4.4j00 R` :'-7 \,'H- ui f "; DATE: June 7, 2000 TO: City Clerk's Office FROM: Jessica Olson,Development Services SUBJECT: Recorded Final Plats Demps 2/LND-10-0342/LUA-99-037-FP/REC#19990914000939 Whispering Pine Lane/LND-10-0331 /LUA-99-066-FP/REC#19990702001247 Please note for your records that the above referenced final plats have been recorded. Copies have been mailed to all necessary parties and the originals are hanging. Thank you. Enc.: (2) Jo RecdocLND-Memo\