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Home My WebLink AboutLUA02-039 MORGAN PLACE II/LUA02-039 PARTIES OF RECORD Lawrence Blake Quang Do & Phung Chung 750 Royal Crest Cir. #455 8433— 129th Ave. SE Las Vegas, NV 89109 Newcastle, WA 98056 425-342-3076 04/24/02 MICROFILMEL Last printed 04/24/02 1:56 PM 1N10965 Jam slam ssaippy ®A?J3AH Bales Lp;Bales Management&George Quang Do&Phung Chung Charles Stone 13427 156Th Ave SE 5415 NE 4Th St 17407 SE Jones Rd Renton,WA 98059 Renton,WA 98059 Renton,WA 98058 Conner Homes Co Janice Spoon Lawrence Blake 846 108Th Ave SE#202 16701 SE May Valley Rd 750 Royal Crest Cir#455 Bellevue,WA 98004 Renton,WA 98059 Las Vegas,NV 89109 Clarence Weyer Clarence Weyer&Denise Loken John&Patricia Koch 14602 SE 132Nd St 250 Jericho Ave NE 12605 148Th Ave SE Renton,WA 98059 Renton,WA 98059 Renton,WA 98059 Shamrock Highlands Llc Man-Ling Lai Robert Hoague 9720 NE 120Th P1#100 12841 Lunada P1 431 Nile Ave NE Kirkland,WA 98034 San Diego,CA 92128 Renton,WA 98059 Ted Whitlock Al&Sally Mcevoy Robert&Donna Pincombe 421 Nile Ave NE 18321 SE 147Th P1 451 Nile Ave NE Renton,WA 98059 Renton,WA 98059 Renton,WA 98059 David Ebbert Lawrence Reed Raymond Rawson 459 Nile Ave NE 465 Nile Ave NE 12609 148Th Ave SE Renton,WA 98059 Renton,WA 98059 Renton,WA 98059 Bryant K S&Nuiko Kelly Kenneth Martin Morgan Court Investors L L C 12601 148Th Ave SE 12439 148Th Ave SE 9375 SW Commerce Cir#7 Renton,WA 98059 Renton,WA 98059 Wilsonville,OR 97070 Terry Olding Sharon Elizabeth Scott Mark&Monica Lundberg 466 Nile Ave NE 12610 148Th Ave SE 19025 92Nd Ave W Renton, WA 98059 Renton,WA 98059 Edmonds,WA 98020 Pacific Huts&Castles Inc Finer Homes Inc Erik&Michelle Hohlbein 22526 SE 64Th P1#240 1215 120Th Ave NE#201 12438 148Th Ave SE Issaquah,WA 98027 Bellevue,WA 98005 Renton,WA 98059 Ronald Bielka 18419 SE 122Nd St Issaquah, WA 98027 09IS Jo)mid asn Wispegs paaj wows SEE DRAWINGS) SEC. 11, TWP. 23 N., RGE. 5 E., W.M. 'tIANPLA �, Mrs, ' // �1 j 1 i I ,4Y •6'' 5' utvn / rIWwd .lig IE Y 4 9f 1NW SI i_ _ UNE apt // e' ..A o.urs >ur'S' "r6 ss�� ur• qcr -:--ur • 11�;4 IL�s7 sl zVaaaaa QQQaa _ NE 4th STREET b�—(6r di • 1 + i VI t \ g( 01 Knc.COUkTY DIRA9U(E EASEMENT• `•\ y /TE , b Yi \ > ¢-- -EASE• 1�_� ( )_DRAIN, Dom_ n 4. .oT—\, 10 0 40 k g� ' o '°' " \ SCALE: 1'-40' 8 9 y u _ __ I� • — —I -- - '- fH / AI. :. MEWS N. Ci U FZ w U W IAl,II� m m 50_' � ��.sb_.. �.y o 6 0 ,n W VICINITY MAP: �` e 1f NOT TO SCALE 2� II "�'SF 1 I ' I.. j ' I GENERAL NOTES: ilvatai (5 N 1; I N_ 1� - 1`I •R• ONNER/DEVELOPER: ABNEY REVARD,INC. 1 Z W — 9375 SW COMMERCE CIRCLE Q Cl) ,'�N —+''^ SUITE7 . /_ •"" •••• i I I-__/• -- +'--{I //�� t: WLSLWNLLE OPE(XW 97070 v I.:{•• T7 B5�( ) /EASEMENT I ' / , �J].II I •.• ENGINEER. PE7ER5LN CONSULTING ENGINEERS CrI-- _ I > LY 4030 LAKE WASHINGTON BLVD N.E. lig p � ' (ION) I _ }`• SUITE 200 PROPOSED LOT-1� T� I �/ O/)•I •F; K/RKLAND,WASHINGTON 9�JJ 0 8101 L: (TYP)� I 7,3M s r ' I (425)e27-5e74 = 11451 ,,"./). CONTACT.`,ENNIFER A.S7EIG,P.E. C.0 I I r _ SURVEYOR MEAD GILMAN&ASSOCIATES �- EXI$IINC LOT I / NE 3!d P.O.BOX 289 Cl' a •��.:' LINT(TYP.) 1 I IE`---I , n •+ „LANE MOCD/NNLLE, WASHING/ON 98072 Q --�^F�----- I \F I — _ (425)486-1151 Z .11 I l•'� CONTACT EDWARD ANDERSON,P.LS 8 ••5- ,` I 1:1. I .. I A I 1(lV9F IN PI ACE 9 MLWGAN PLACE 0 cI,;;' �W4G LLOT I / /v //, lI TOTAL AREA(I): 0.53 ACRES(GROSS) 1589 ACRES(GROSS) - lk I- (/r/•/ I , I a 5� / �� v//n/,•.s�� \—--- TOTAL AREA ROW.ACCESS 1 (11 ,� ,� I / / / /' t/ EMITS SENSITIVE AREAS' 0 ACRES 4.25 ACRES Oct zT _1 :: • `�� // //�� NET AREA 0.Fn7 ACRES 11.64 ACRES U U 1 `/ /. / ; - 440- �. _/f_ 1',3B- TOTAL LOTS 3 47 ••• / /'\Er / � MAX ALLOWABLE DENSITY. 5 DU/ACRE 5 DU/ACRE U /48'`9 E / / j� ♦ PROPOSED DENSITY: 1.04 DU/ACRE 4.04 Du/ACRE / /� A/ / /�/I'//F\ ZONING R-5,URBAN RESIDENTIAL '411/7/ p/1��# // A• EXISTING USE USE: SINGLE-FAMILY,DETACHED �R ANN 8 II/• V • / 4• / PROPOSED USE: SINGLE-FAMILY,DETACHED °'RR// BOUNDARY INFORMA MIEN $R ,� /I BEARING DISTANCE BOUNDARY. FIELD SURVEY BY MEAD GILMAN&ASSOCIATES = a // /e/ 4 ' I♦ / 'Q v Ll N0078'51 E 248.13' ��' TOPOGRAPHY. FIELD SURVEY BY MEAD GILMAN&ASSOCAlES p►.'. /� ,4./ / L2 N8871'091W 80.08' -. , 0 `�// �1g / / L3 N01 3851E 112.36' UTILITIES/PURVEYORS: �370NALO`ArA{ _.. 14" ` '/ // y�♦•/ 4 /�°- v L4 N3972'13 f I 79.20' Mid � 1 SENER/WA TER: CITY OF RENTON EXPIRES 09/09/02 ♦ L5 N65194.17-W 33.00' STORM DRAINAGE: CITY OF RENTON STAMP NOT VALID '`I F /f/ /// els°re / TPA _IDELTA RADIUS LENGTH GAS/PONER: PUGET SOUND ENERGY UNLESS SIGNED AND DATED / Si' v /�� Cl 90170'00- 25.00' 39.27 .1 4I y/U /// O4 • f / '1(f , , // � c2 373322- 100.00' 65.55' AT&T TELEPHONE: oNEST 'ETERSON C) , ( � s FIRE DISTRICT CITY OF RENTON C ON S U LT I N G SCHOOL DISTRICT ISSAQUAH SC/HOX DISTRICT/411 1 \ CINCIERS g, BENCHMARKS/DATUM: 4030 Lake Washington BENCHMARKS CITY OF RENTON BM/1852 24-OCT-96. ELEY-454.76'(738614 METERS) Blvd. N.E., Suite 200 MNT CI DISK SET IN 7QV t TN 579617 STREET 8asp r A IY CONSTRUCTED LEGAL DESCRIPTION: Kirkland,WA 98033 (I48TH AV SE). L��MTNAGES�T/,UNLYR RECORDING G PLACE �220 �S OF Tel (425) 827-5874 iBM:1' KING COUNTY WASNINCTOV; Fax (425) 822-7216 S EHISLED SQUARE'0'IN SW OWNER OF 5'X 5'CONCRETE PAD FOR CABLE TOGETHER WIN THAT PORTION OF LYONS AYE. VACATED UNDER CITY Or BOX AT NE CORNER OF INTERSECTION 47 H AVENUE NE AND 148n1 AVENUE SE RENTON ORDINANCE NO.4958 JOB NUMBER ABRE-0003 8 (IDLE AVENUE NE). ELEVATION-456.30 FEET DATUM: NAND 88(CITY RE RENTCW) Y SHEET NUMBER 1 ./ OF 1 REPORT City of Renton Department of Planning/Building/Public Works DECISION ADMINISTRATIVE SHORT PLAT REPORT& DECISION A. SUMMARY AND PURPOSE OF REQUEST: REPORT DATE: April 30, 2002 Project Name Morgan Place II Short Plat Applicant Jennifer Steig Peterson Consulting Engineers 4030 Lake Washington Blvd. Suite 200 Kirkland, WA 98033 File Ntmber LUA-02-039, SHPL-A Project Manager Jason E. Jordan Projec; Description Administrative Land Use Action (Short Plat Review) for a three-lot subdivision of two existing lots totaling 0.53-acre located in the Residential —5 Dwelling Unit Per Acre (R-5) Zone. The subject lots are newly created undeveloped lots within the Morgan Place Subdivision. All lots are intended for the future construction of single-family residences. Project Location 365 & 359 Lyons Avenue NE rr ii __ _ ® El.te-• 4TH ' wt.. ace::60s:z:tr.:ems:.»a•o=..i:.era -- -c ss., i Iz • e : 1 : a • C 3 I 0 e „.O IAc O° tn�aro ��Y w • - .. I .. i01.•ls (,...,) •/ 'p b. N sic 1 • . i • TOM •• A 6 rC r 0 . NE 3RD 8T (l14N) MIGROFILME1 Project Location Map shplrpt.doc © CITY OF RENTON 0Q ` EA 4 '+,��. .� Planning/Building/Public Works c- �Me ; W� APR1i'02 peA4 � 0 .32 ? 1055 South Grady Way - Renton Washington 98055 as ADDRESS SERVICE REQUESTED . PBl;jbp U.S. POSTAGE MICROFILMED b 2' larence 7- 0 Loken CI 5ve NE WA 98059 'ARETURN `'-s� G.�:. 'TO VI/R I T E R.r' `+, dd.( I z AUORESSEF m 7 1 t I CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: June 06,2001 TO: Bonnie Walton,City Clerk's Office FROM: Carrie K. Olson,Plan Review,x7235 C.0 SUBJECT: MORGAN PLACE II SHORT PLAT LUA-02-039 Attached please find the above-referenced original mylar and one copy mylar, and four(4)copies of the mylar for recording with King County. The recording instructions in order are as follows: 1. Record the short plat. 2. Request King County to return the executed copy mylar to us for our records. Please have the Courier take these documents via 4-hour service 10:00 a.m.deadline. A check in the amount of$15.29 is attached. According to Finance,the King County recording fees for this and all subsequent plat recordings should be charged to account#000000.007.5590.0060.49.000014. Please call me if you have any questions. Thank you. cc: Kayren Kittrick(Notice of Recording) Jan Conklin(Please provide PID/recording#'s to Sonja,Carrie,and Andree) Andree DeBauw(Notice to final short plat on Permits Plus) Carrie Olson(Provide any unpaid SDC/SAD fees to Jan for posting to parcels on Permits Plus) Yellow File \\TS_SERVER\SYS2\COMMON\C:\PlanRcview\CDAVIS\Shortplats 2002\MorganPlaccIISHPL 06m Qeric Record.doc 1 CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: June 5,2002 TO: Gregg Zimmerman,Administrator FROM: Carrie K. Olson,x7235 ej9 SUBJECT: MORGAN PLACE II SHORT PLAT LUA-02-039-SHPL Technical Services and Development Services have reviewed and recommended approval for the above mentioned short plat. Requirements and conditions have been fulfilled, fees paid. Two original mylars are attached and are submitted for your review and signature. Plc ase return mylars to me for recording. Thank you. cc Kayren Kittrick Yellow File \\(::\PlanReview\CDAVIS\.Shortplats 2002\Morgan Place IISHPL 06m ZimSign.doc CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: May 8, 2002 TO: Juliana Sitthidet,Plan Review ROUTE TO: Kayren Kittrick,Plan Review FROM: Carrie Olson,Plan Review CO SUBJECT: MORGAN PLACE II LUA-02-039-SHPL Attached is the most recent version of the above-referenced short plat. If all review concerns have been addressed,please sign below or return your comments as needed. Thanks. 4/f v71UT"iEs /Nspluc J ,42'0 4e-cbo Ay 77ft9 cz y Sp" - / S6002. AIUa SORFACC lti47ZZ couNEc77oµc 1.0 STUB' '772 4a S &T-S t alit) CONsr?2VCT O or 7 E sc ar. /fr(fieovcal . v7-3771,uvicr ienz) c/76-eja4._ ±e/Ke-a-ef /0C12M1T aytiil2ed--4 ).,,,.,,,,v,ip,e...4„ . Approval: e44W7i G>�` ,Date: 6-3-a K n Kittrick liana Sitthide Cc: Yellow File RECEIVED MAY 2 2 2002 CITY OF RENTON UTILITY SYSTEMS CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: May 22, 2002 TO: Bob Mac Onie,Technical Services Sonja Fesser,Technical Services FROM: Carrie Olson,Plan Review x72350,0 SUBJECT: MORGAN PLACE II SHORT PLAT LUA-02-039-SHPL Attached is the most recent version of the above-referenced short plat. The following attachment is enclosed for your review: • Short Plat drawings If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Approval: / bJ \,jury, Q . k t,pnfh Pate: 5 2.cxD Robert T Mac Onie, Jr. Sonj ess r ' Cc:Yellow File C:\PlanReview\CDAVIS\Shortplats 2002\MorganPlaceIISHPL 03m TS ReviewStart.doc CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: May 22,2002 TO: Jason Jordan,Planning FROM: Carrie Olson,Plan Review x7235(j) SUBJECT: MORGAN PLACE II SHORT PLAT LUA-02-039-SHPL Attached is the LUA folder for the above-mentioned short plat. We are in the final review stage of recording this short plat. If you find any short plat requirements that have not been properly addressed,please let me know. Please return comments and folder to me by May 29, 2002, so I can proceed to final recording. Thanks. Note: • Mitigation Fees have been paid. • DJApprova • , Date: / c)/ Jason Jo dm Cc:Yellow File C:\PlanReview\CDAVIS\shortplats 2002\MorganPlacelISHPL 04m PlanningReviewStart.doc CITY OF RENTON 1055 S. Grady Way Renton,WA 98055 Printed: 05-09-2002 Land Use Actions RECEIPT Permit#: LUA02-039 Payment Made: 05/09/2002 10:33 AM Receipt Number: R0202575 Total Payment: 1,736.51 Payee: ABNEY REVARD INC Current Payment Made to the Following Items: Trans Account Code Description Amount 3021 303.000.00.345.85 Park Mitigation Fee 530.76 5045 304.000.00.345.85 Fire Mitigation-SFR 488.00 5050 305.000.00.344.85 Traffic Mitigation Fee 717.75 Payments made for this receipt Trans Method Description Amount Payment Check #5131 1,736.51 Account Balances Trans Account Code Description Balance Due 3021 303 .000.00.345.85 Park Mitigation Fee .00 5006 000.345.81.00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelim/Tentative Plat .00 5012 000.345.81.00.0009 Final Plat .00 5013 000.345.81.00.0010 PUD .00 5014 000.345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00.0014 Rezone .00 5018 000.345.81.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 Special Permit Fees .00 5022 000.345.81.00.0019 Variance Fees .00 5023 0 .00 5024 000.345.81.00.0024 Conditional Approval Fee .00 5036 000.345.81.00.0005 Comprehensive Plan Amend .00 5045 304 .000.00.345.85 Fire Mitigation-SFR .00 5050 305.000.00.344.85 Traffic Mitigation Fee .00 5909 000.341.60.00.0024 Booklets/EIS/Copies .00 5941 000.341.50.00.0000 Maps (Taxable) .00 5954 604.237.00.00.0000 Special Deposits .00 5955 000.05.519.90.42.1 Postage .00 5998 000.231.70.00.0000 Tax .00 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Printed: 06-05-2002 Utility Services Permit RECEIPT Permit#: U020377 Payment Made: 06/05/2002 01:29 PM Receipt Number: R0203195 Total Payment: 1,563.88 Payee: MORGAN PLACE II/Morgan Court Investors, LLC Current Payment Made to the Following Items: Trans Account Code Description Amount 4040 421.388.10.00.0020 Spec Util Connect Sewer 760.00 4045 421.388.10.00.0031 Spec Assmt Dist, Sewer 278.88 4069 421.388.10.00.0040 Spec Util Connect Stormw 525.00 Payments made for this receipt Trans Method Description Amount Payment Check 5141 1,563 .88 Account Balances Trans Account Code Description Balance Due 4028 000.343.20.00.0000 Public Works Inspection .00 4033 401.343 .90.00.0003 Stormwater Insp Approval .00 4040 421.388.10.00.0020 Spec Util Connect Sewer .00 4042 401.343.90.00.0002 Sewer Inspection Approvl .00 4044 401.322.10.00.0015 Sewer Permit .00 4045 421.388.10.00.0031 Spec Assmt Dist, Sewer .00 4050 000.322.40.00.0000 Right-of-way Constructn .00 4056 421.388.10.00.0010 Spec Util Connect Water .00 4057 401.343 .90.00.0001 Water Inspection Approvl .00 4059 401.386.10.00.0013 Misc. Water Installation .00 4061 401.322.10.00.0020 Storm Water Permits .00 4069 421.388.10.00.0040 Spec Util Connect Stormw .00 Remaining Balance Due: $0.00 ETERSON C ONSU LTI NG ENGINE ERS TRANSMITTAL Date June 5, 2002 File: ABRE-0003 Carrie Olson Project: Morgan Place II City of Renton Renton City Hall —6th Floor Subject: Fee Payment 1055 South Grady Way Renton, WA 98055 Item Copies Date Description 6/4/02 Check# 5141 Remarks: Carrie, Attached are the final fees for the Morgan Place II short plat, per your June 4th letter. Please let me know if we need anything else for recording. Thanks for your help. ❑ As You Requested ® For Your Approval ❑ Return Requested n For Your Information n For Your Review ❑ As Noted From: N��`, ( cc: Frank Revard, Abney-Revard, Inc. l Jennifer A. St , P.E. Project Manager 4030 LK. WASHINGTON BLVD NE, SUITE 200 - KIRKLAND, WA 98033 - OFFICE (425) 827-5874 - FAX (425) 822-7216 t4, ®� CITY RENTON ..LL Planning/Building/PublicWorks Department J e Tanner,Mayor Gregg Zimmerman P.E.,Administrator June 4,2002 Abney Revard,Inc. 9375 SW Commerce Circle, Suite 7 Wilsonvile OR 97070 SUBJECT: MORGAN PLACE II SHORT PLAT LUA-02-039-SHPL Dear Sir or Madam: The review submittal on the above-mentioned short plat has been completed and the following comments have been returned. According to your Administrative Short Plat Report&Decision for this short plat,the following fees are to be paid prior to recording the short plat: Permit#U020377 1 Lot Special Utility Connection Sewer $760.00 Special Assessment District Sewer(East:Renton Interceptor) 278.88 Special Utility Connection Stormwater 525.00 TOTAL Fees: $1,563.88 I am in receipt of your short plat mylar and check in the amount of$15.29(current courier fee)to CD&L. When the above fees have been paid,we can continue with the process of recording the short plat. Should you need to discuss any portion of this letter please contact me at(425)430-7235. Sincerely, Carrie K. Olson Development Services,Plan Review FAXED TO: Jennifer Steig 425-486-6108 Yellow File C:`,P1anReview\CDAVIS\.Shortplats 2002\MorganPlacelSHPL 05L ChangeRequestStop.doc 1055 South Grad Way-Renton,Washington 98055 RENTON AHEAD OF THE CURVE This paper contains 50%recycled material,30%post consumer fk% CITY OF RENTON =` Construction Permit Permit Number: U 020377 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: MORGAN PLACER-2 LOTS SUBDIVED INTO 3 LOTS Job Address: NE4TH ST AND LYONS AVE NE Owner: RIBERA-BALKO Contractor: Contractor License: Contractor Phone: City License: Contact: RIBERA-BALKO Contact's Phone: Other Information: Date of Issue Work Order 89031 Date of Expiration Parcel Number Date Finaled Inspector's Name Inspector's Phone 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 work is to conform to Renton codes and permit is granted. ordinances. X X Applicant Public Works Rep THIS PERMIT MUST BE POSTED AT THE JOB SITE AT ALL TIMES. ENG01 12/00 bh ieetvoq e-- A� KC Tax Account Number Owner's Name KC Recording Number 9606210966 Parcel Number Special Assess. Dist. No. 0002 Ordinance Number 4612 Publication Date 06/14/1996 Effective Date of Ordinance 07/14/1996 Date of Calculation 06/04/2002 Original Assessment $224.52 Interest Rate 4.11 Peek (% of Base) 141% Base Plus Interest C___:____$278.88 Max. Peeked Assessment $316.80 * If The amount of base plus interest is greater than the maximum peeked assessment, then assess the maximum peeked assessment. Additional Interest per day $0.02528 BY 06/04/2002 Fee Items- U020377 12:49 06/04/2002 Item# Description Fee Amount Pmt Amount Balance Account code 4028 Public Works Inspection $0.00 $0.00 $0.00 000.343.20.00.0000 4033 Stormwater Insp Approval $0.00 $0.00 $0.00 401.343.90.00.0003 4040 Spec Util Connect Sewer $760.00 $0.00 $760.00 421.388.10.00.0020 4042 Sewer Inspection Approvl $0.00 $0.00 $0.00 401.343.90.00.0002 4044 Sewer Permit $0.00 $0.00 $0.00 401.322.10.00.0015 4045 Spec Assmt Dist,Sewer $278.88 $0.00 $278.88 421.388.10.00.0031 4050 Right-of-way Constructn $0.00 $0.00 $0.00 000.322.40.00.0000 4056 Spec Util Connect Water $0.00 $0.00 $0.00 421.388.10.00.0010 4057 Water Inspection Approvl $0.00 $0.00 $0.00 401.343.90.00.0001 4059 Misc.Water Installation $0.00 $0.00 $0.00 401.388.10.00.0013 4061 Storm Water Permits $0.00 $0.00 $0.00 401.322.10.00.0020 4069 Spec Util Connect Stormw $525.00 $0.00 $525.00 421.388.10.00.0040 Total Rows: 12 '`tm '?--- 9 Pciti: ..l..LS6 3.66 W ?Like�- iii - Page 1 Igo ETERSON IC ONSULTING ENGINEERS TRANSMITTAL Date May 31, 2002 File: ABRE-03 To: Ms. Carrie Olson Project: Morgan Place II City of Renton Development Services Division Subject: Final Plat Documents 1055 Grady Way Renton, WA 98055 Item Copies Date Description 1 , 2 5/22/02 Final Plat Documents 2 1 5/21/02 Supplemental Commitment#3 3 1 5/31/02 Courier Fee Check Remarks: Ms. Olson, Enclosed are two sets of the final plat documents for Morgan Place II. Please process these for final recording. Also enclosed is a supplemental commitment from Chicago Title, verifying the bank no longer holds interest in the property. Feel free to call with any questions. Thank you. ❑ As You Requested n For Your Approval n Return Requested n For Your Information ® For Your Review ® As Noted From: cc: Rick Cole—Abney Revard Rebecca Saur 4030 LAKE WASHINGTON BLVD. NE, SUITE 200 • KIRKLAND, WASHINGTON 98033 • (425) 827-5874 (425) 822-7216 FAX Co CHICAGO TITLLSURANCE COMPANY 4110 701 FIFTH AVENUE,#1800,SEATTLE,WA 98104 PHONE: (206)628-5623 FAX: (206)628-5657 ORDER NO: 001032493 YOUR NO: UNIT NO: 10 LOAN NO: SUPPLEMENTAL COMMITMENT #3 z ORDER REFERENCE INFORMATION SUPPLEMENTAL NUMBER 3 SELLER: PURCHASER/BORROWER: MORGAN COURT INVESTORS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY LOAN NUMBER: PROPERTY ADDRESS: WASHINGTON Our Title Commitment dated 03/01/02 at 8:00 A.M. is supplemented as follows: AA PARAGRAPH NUMBER(S) 8 OF OUR COMMITMENT IS (ARE) ELIMINATED. AB EXCEPT AS TO THE MATTERS SET FORTH HEREINABOVE, THE TITLE TO THE PROPERTY COVERED BY THIS ORDER HAS NOT BEEN REEXAMINED. AC MAY 21, 2002 AUTHORIZED BY: MIKE HARRIS AD NOTE: THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS SUPPLEMENTAL COMMITMENT: PETERSON CONSULTING ENGINEERS JENNIFER STEIG, P.E. 1/1 ABNEY REVARD, INC. RICK COLE 1/1 SUPPCOM3/RDA/0999 CHICAGO TITLE INSURANCE COMPANY O 701 FIFTH AVENUE,#1800,SEATTLE,WA 98104 Order No.: 001032493 PROPERTY ADDRESS: WASHINGTON Your No.: MORGAN PLACE SHORT PLAT LOTS 21&22 PETERSON CONSULTING ENGINEERS 4030 LAKE WASHINGTON BLVD.NE,STE.200 KIRKLAND,WASHINGTON 98033 ATTN: JENNIFER STEIG,P.E. 1/1 Enclosed are your materials on the above transaction. If you have any questions regarding these materials, please contact us. Thank you for this opportunity to serve you. ««««««««««««««««««<»»»»»»»»»»»»»»»»»»» UNIT 10 -YOUR COMPLETE BUILDER/DEVELOPER SERVICE CENTER. WE HAVE EXPANDED TO SERVE ALL YOUR TITLE INSURANCE NEEDS RELATED TO LAND ACQUISITION,DEVELOPMENT FINANCING AND PROPERTY SUBDIVISION. P)l+IIKE HARRIS TITLE OFFICER (206)628-5623 (E-MAIL:HARRISMI@CTT.COM) I EITH EISENBREY TITLE OFFICER (206)628-8377 (E-MAIL:EISENBREYK@CTT.COM) ThVE KINSELLA CONDO COORDINATOR (206)628-5614 (E-MAIL:KINSELLAS@C1T.COM) ()AVID BENNETT SENIOR TITLE EXAMINER $OB BLOEDEL SENIOR 1T1LE EXAMINER FAX NUMBER (206)628-5657 *** RECORDING ALERT *** Effective June 13, 2002, there will be an additional $10.00 charge for the recording of most documents. This will raise the recording fee for the first page from $9.00 to $19.00 (plus the 65 cents postage fee). Documents with multiple titles will be charged the additional fee for each title. If you have questions regarding a specific recording situation, please contact your title officer. 7TTLEI7/RDA/0999 DOETERSON C ONSULTI NG ENGINEERS TRANSMITTAL Date May 21, 2002 File: ABRE-0003 Carrie Olson Project: Morgan Place II City of Renton Renton City Hall—6th Floor Subject: Final Short Plat Revisions 1055 South Grady Way Renton,WA 98055 Item Copies Date Description 3 5/21/03 Final Short Plat Map Remarks: Carrie, Attached are the revised short plat maps you requested. We will bring in mylars as soon as you have checked these copies. Please let me know if we need anything else for recording. Thanks for your help. ❑ As You Requested ® For Your Approval n Return Requested ❑ For Your Information n For Your Review ❑ As Noted From: ftftt / cc: Frank Revard, Abney-Revard, Inc. CITY OF RENTCN Jennifer A. 4eig, P.E. RE C E I V E D Project Manager MAY 2 2002 BUILDING DIVISIC 4030 LK. WASHINGTON BLVD NE, SUITE 200 - KIRKLAND, WA 98033 - OFFICE (425) 827-5874 - FAX (425) 822-7216 D ETERSON C ONSULTING ENGINEERS CONFIRMATION OF COMPLIANCE WITH ALL CONDITIONS OF ADMINISTRATIVE SHORT PLAT APPROVAL MORGAN PLACE II— LUA-02-039 1. The applicant shall pay the required Transportation Mitigation Fee at the rate of$75 per net new average daily trip associated with the project estimated at$717.75. The Transportation Mitigation Fee shall be paid prior to the recording of the short plat. The mitigation fee will be paid prior to final short plat recording. 2. The applicant shall pay the required Fire Mitigation Fee equal to$488.00 per new single- family lot estimated at$488.00. The Fire Mitigation Fee shall be paid prior to recording of the short plat. The mitigation fee will be paid prior to final short plat recording. 3. The applicant shall pay the required Parks Mitigation Fee equal to$530.76 per new single- family lot estimated at$530.76. The Parks Mitigation Fee shall be paid prior to recording the short plat. The mitigation fee will be paid prior to final short plat recording. 4. The applicant shall be required to develop a Temporary Erosion Control plan and install and maintain the plat to the satisfaction of the Development Services Division for the duration of the project submittal(this condition shall be noted on the face of the final short plat drawing prior to recording. The condition has been placed on the face of the final short plat map. Since all construction was completed with the plat of Morgan Place limited Temporary Erosion Control will be needed. 5. Lot 1 shall not have vehicular access to NE 4th Street. This condition shall be placed on the face of the final short plat prior to recording. This condition has been placed on the face of the final short plat map. 4030 LAKE WASHINGTON BLVD. NE, SUITE 200 • KIRKLAND, WASHINGTON 98033 • (425) 827-5874 (425) 822-7216 FAX CITY OF RENTON ..Li N Planning/Building/PublicWorks Department ner,Mayor Gregg Zimmerman P.E.,Administrator Jesse Tar May 17,2002 Post-it' Fax Note 7671 Date-_1 42_ pag sillo. Td-j izir2 Frortin_ * n��-tv�'�'v Co./Dept /i ci(//j _ Co. ,�v‘ Ms. Jennifer Steig,P.E. l Phone# Phone Peterson Consulting Engineers 30-?23S 403(s Lake Washington Blvd.,Suite 200 Fax# QL S-4.$,6 Fax#`f 5' 73 0 .) Kirkland WA 98033 SUI4ECF: MORGAN PLACE II SHORT PLAT LUA-02-039-SHPL Dear Ms. Steig: The review submittal on the above-mentioned short plat has been completed and the following comments have been returned. Please review these comments and make the necessary changes. Once changes have been completed please resubmit three copies of the short plat drawings. SHORT PLAT REVIEW COMMENTS: Note the City of Renton land use actionb gmbet end land reatt,number, LUA-02-039-SHPL and LND-20- 0313,respectively,on the drawings. ' • Instead of providing ties to two;City of Renton Survey Control Networknonuments, explicitly reference the unc erlying plat of Morgan Place as a_source for ttisgfodlerwise,tie to a second control monument. No:e the following addresses on the shotkpla ?o#- ;j3GS.:.tyons ment4 NE, Lot 2 is 359 Lyons Avenue NE and Lot 3 is 353 Lyons Avenue The three easements listed under they,"SCHEDULE OF EASEMENTS" (Sheet 3 of 3) are not noted in the Short Plat Certificate dated March°1, 2002. Remove said easement references if they do not pertain to this short plat. s • Include a title (DECLARATION OP COVENANTS) With the `covenants block on Sheet 2 of 3. Said covenants block is noted below the`BASEMENT PROVISIONS&COVENANTS"block. Sh Auld you need to discuss any portion of this letter please contact me at(425)430-7235. Sincerely, ( &LL- k t 60.4_6 4 • Carrie K.Olson Development Services,Plan Review FAXED TO: Jennifer Steig 425-486-6108 cc: Abney Revard,Inc. 9375 SW Commerce Circle,Suite 7 Wilsonvile OR 97070 Yellow File C:'PIanReview\CDAVIS\Shortplats 2002\MorganPlaceIISHPL 02L ChangeRequestStop.doc RENTON 1055 South Grady Way-Renton,Washington 98055 F� AHEAD OF THE CURVE Thic naner mntairts 50%recycled material.30%post consumer 41 CITY RENTON Planning/Building/PublicWorks Department Jesse Milner,Mayor Gregg Zimmerman P.E.,Administrator May 16, 2002 Ms. Jennifer Steig, P.E. Peterson Consulting Engineers (/- „Iv) 4, 4030 Lake Washington Blvd., Suite 200 Kirkland, WA 98033 SUBJECT: Morgan Place II Project No. LUA-02-039,SHPL-A Dear Ms. Steig: This letter is to inform you that the appeal period has ended for the above-referenced project. No appeals were filed. The Morgan Court II Short Plat, File No. LUA-02-039, SHPL-A, is approved subject to the following cor ditions: 1. The applicant shall pay the required Transportation Mitigation Fee at the rate of $75.00 per net new average daily trip associated with the project estimated at$717.75. The Transportation Mitigation Fee shall be paid prior to the recording of the short plat. 2. The applicant shall pay the required Fire Mitigation Fee equal to $488.00 per new single family lot estimated at$488.00. The Fire Mitigation Fee shall be paid prior to the recording of the short plat. 3. The applicant shall pay the required Parks Mitigation Fee equal to $530.76 per new single family lot estimated at$530.76. The Parks Mitigation Fee shall be paid prior to the recording of the short plat. 4. The applicant shall be required to develop a Temporary Erosion Control plan and install and maintain the plan to the satisfaction of the Development Services Division for the duration of the project submittal (this condition shall be noted on the face of the final short plat drawing prior to recording). 5. Lot 1 shall not have vehicular access to NE 4th Street. This condition shall be placed on the face of the final short plat prior to recording. Th s decision is final and application for the appropriately required permits may proceed. The applicant must comply with all Conditions of Approval. If ou have any questions, please feel free to contact me at (425) 430-7219. Si: cerely, Jason E. Jordan A;sociate Planner • Abney Revard, Inc RENTON 1055 South Grad} Way-Renton,Washington 98055 FINAL ® AHEAD OF THE CURVE This paper contains 50%recycled material,30%post consumer ethyv OF FV/ 9 2002 Ofr CITY OF RENTON v® PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: May 17, 2002 TO: Carrie Olson FROM: Sonja J.Fesser))t SUBJECT: Morgan Place H Short Plat,LUA-02-039-SHPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced short plat submittal and have the following comments: _ Comments for the Applicant: Note the City of Renton land use action number and land record number,LUA-02-039-SHPL and LND-20-0313,respectively,on the drawings. Instead of providing ties to two City of Renton Survey Control Network monuments, explicitly reference the underlying plat of Morgan Place as a source for ties; otherwise,tie to a second control monument. Note the following addresses on the short plat: Lot 1 is 365 Lyons Avenue NE,Lot 2 is 359 Lyons Avenue NE and Lot 3 is 353 Lyons Avenue NE. The three easements listed under the"SCHEDULE OF EASEMENTS"(Sheet 3 of 3)are not noted in the Short Plat Certificate dated March 1,2002. Remove said easement references if they do not pertain to this short plat. Include a title(DECLARATION OF COVENANTS)with the covenants block on Sheet 2 of 3. Said covenants block is noted below the"EASEMENT PROVISIONS&COVENANTS"block. 41:\FILE.SYS\LND\20\0313\RV020515.doc CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: May 8,2002 TO Bob Mac Onie,Technical Services Sonja Fesser,Technical Services FRDM: Carrie Olson,Plan Review x7235 C.6.) SUBJECT: MORGAN PLACE II LUA-02-039-SHPL SHORT PLAT AND LEGAL REVIEW Attached is the most recent version of the above-referenced short plat. The following attachments are enclosed for your review: • Confirmation of Compliance • Lot Closure Calculations • Plat Certificate • Short Plat drawings If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. A 7proval: \ , Date: Robert T Mac Onie, Jr. Sonja Fesser C::P1anReview\CDAVIS\Shortplats 2002\MorganPlacellSHPL Olm PR-TS ReviewStart.doc CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: May 8,2002 TO: Juliana Sitthidet,Plan Review ROUTE TO: Kayren Kittrick,Plan Review FROM: Carrie Olson,Plan Review ( ) SUBJECT: MORGAN PLACE II LUA-02-039-SHPL Attiched is the most recent version of the above-referenced short plat. If all review concerns have been addressed,please sign below or return your comments as needed.Thanks. Approval: , ,Date: Kayren Kittrick Juliana Sitthidet Cc: Yellow File CONETERSON SULTING E NGINE E R S TRANSMITTAL Date May 7, 2002 File: ABRE-0003 Carrie Olson Project: Morgan Place II City of Renton Renton City Hall—6th Floor Subject: Final Short Plat Submittal 1055 South Grady Way Renton, WA 98055 Item Copies Date Description 3 Plat Certificate 3 Lot Closure Calculations 3 Confirmation of Compliance 4 Short Plat Plan Remarks: Carrie, All other items on the Short Plat Recording checklist do not apply to this project as it is part of a constructed plat. The fees that are due will be submitted this week. Please let me know if there is anything that I can do to expedite this process. Thanks for your help. n As You Requested ® For Your Approval ❑ Return Requested ❑ For Your Information n For Your Review n As Noted • From: 4tibk-C cc: Frank Revard, Abney-Revard, Inc. Jennifer A. St ' , P.E. Project Manager 4030 LK. WASHINGTON BLVD NE, SUITE 200 - KIRKLAND, WA 98033 - OFFICE (425) 827-5874 - FAX (425) 822-7216 LILit1AI11$'1"9AUser Name: raysr Date: 04-29-02 'roject: 01102 Time: 09:49:54 Create Mapcheck Reports Page: 1 Lot Name: LOT 1 Lot Area(Square Feet): 7307.2443 Lot Perimeter: 340.55 Closing Direction: S17°15'20"E Closing Distance: 0.00 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 1676477.8929 180300.9727 S88°21'09"E 80.08 PC 1676475.5906 180381.0196 RP 1676450.6009 180380.3008 Curve Direction: CW Radial In: S01°38'51"W D.O.0 Arc: 229°10'59" D.O.0 Chord: N/A Radius: 25.00 Delta angle: 90°00'00" Tangent length: 25.00 Arc length: 39.27 Chord Direction: S43°21'09"E Chord length: 35.36 External: 10.36 Middle ordinate: 7.32 Radial Out: S88°21'09"E Point Northing Easting Direction Distance PT 1676449.8821 180405.2905 S01°38'51"W 45.17 1676404.7308 180403.9919 N89°41'09"W 103.42 1676405.2979 180300.5734 N00°18'51"E 72.60 End 1676477.8968 180300.9715 Error of Closure 1 : 83304.1497 Departure in Y(Northing): -0.0039 Departure in X(Easting): 0.0012 Lot Name: LOT 2 Lot Area (Square Feet): 7324.9808 Lot Perimeter: 347.92 Closing Direction: N25°16'29"E Closing Distance: 0.00 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 1676405.2940 180300.5747 S89°41'09"E 103.42 1676404.7269 180403.9931 S01°38'51"W 67.19 PC 1676337.5647 180402.0614 RP 1676340.4397 180302.1027 ' oject:.01102 ie: 09:49:54 ;reate Mapcheck Reports Page: 2 Curve Direction: CW Radial In: N88°21'09"W D.O.0 Arc: 57°17'45" D.O.0 Chord: 60°00'00" Radius: 100.00 Delta angle: 02°25'38" Tangent length: 2.12 Arc length: 4.24 - Chord Direction: S02°51'40"W Chord length: 4.24 External: 0.02 Middle ordinate: 0.02 Radial Out: S85°55'31"E Point Northing Easting Direction Distance PT 1676333.3340 180401.8500 N89°41'09"W 101.67 1676333.8915 180300.1815 N00°18'51"E 71.40 End 1676405.2904 180300.5730 Error of Closure 1 : 87414.6263 Departure in Y(Northing): 0.0036 Departure in X(Easting): 0.0017 Lot Name: LOT 3 Lot Area (Square Feet): 8463.6051 Lot Perimeter: 379.31 . Closing Direction: S39°11'34"E Closing Distance: 0.01 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 1676333.8950 180300.1832 S89°41'09"E 101.67 PC 1676333.3375 180401.8517 RP 1676340.4433 180302.1044 Curve Direction: CW Radial In: N85°55'31"W D.O.0 Arc: 57°17'45" D.O.0 Chord: 60°00'00" Radius: 100.00 Delta angle: 35°07'44" Tangent length: 31.65 Arc length: 61.31 Chord Direction: S21°38'21"W Chord length: 60.36 External: 4.89 Middle ordinate: 4.66 Radial Out: S50°47'47"E Point Northing Easting Direction Distance AUser Name: raysr Date: 04-29-02 .)reate IViapcheck Reports Page: 3 3T 1676277.2354 180379.5949 S39°12'13"W 79.20 1676215.8630 180329.5343 N65°04'23"W 33.00 1676229.7713 180299.6084 N00°18'51"E 104.13 End 1676333.8997 180300.1794 Error of Closure 1 : 62700.7953 Departure in Y(Northing): -0.0047 Departure in X(Easting): 0.0038 -ot Name: OVERALL BOUNDARY Lot Area (Square Feet): 23095.8302 Lot Perimeter: 657.59 Closing Direction N53°26'46"W Closing Distance 0.01 Course Data:(Mapcheck Through Radius Points Method) Point Northing Easting Direction Distance Begin 1676477.8929 180300.9727 S00°18'51"W 248.13 1676229.7666 180299.6121 S65°04'23"E 33.00 1676215.8584 180329.5381 N39°12'13"E 79.20 PC 1676277.2308 180379.5987 RP 1676340.4386 180302.1082 Curve Direction: CCW Radial In: N50°47'47"W D.O.0 Arc: 57°17'45" D.O.0 Chord: 60°00'00" Radius: 100.00 Delta angle: 37°33'22" Tangent length: 34.00 Arc length: 65.55 Chord Direction: N20°25'32"E Chord length: 64.38 External: 5.62 Middle ordinate: 5.32 Radial Out: S88°21'09"E Point Northing Easting Direction Distance PT 1676337.5636 180402.0669 N01°38'51"E 112.36 PC 1676449.8772 180405.2972 RP 1676450.5959 180380.3076 Curve Direction: CCW Radial In: N88°21'09"W D.O.0 Arc: 229°10'59" D.O.0 Chord: N/A Radius: 25.00 Delta angle: 90°00'00" Tangent length: 25.00 Arc length: 39.27 AUser Name: raysr Date: 04-29-02 Project: 01102 Time: 09:49:54 Chord Direction: N43°2109"W Chord length: 35.36 External: 10.36 Middle ordinate: 7.32 Radial Out: N01°38'51"E 'oint Northing Easting Direction Distance 'T 1676475.5856 180381.0263 N88°21'09"W 80.08 ind 1676477.8879 180300.9794 irror of Closure 1 : 78433.8357 )eparture in Y(Northing): 0.0050 )eparture in X(Easting): -0.0067 11110 CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the ! `' day of /1 A4' , 2002, I deposited in the mails of the United States, a seale ;envelope coonntaining r),I or t °,Jc trS_LOn documents. This information was sent to: Name Representing ! pLcc1 gvaid OtA.:rig giZ L ✓ 5-Je5' (04 evt.t4 cc /3_1 et_kg- P.s u i_e� C/2.r,�rri,g aLe../7, ; MARILYN KAMCHEFF ;(Signature of Sender) ,1 -�" NOTARY PUBLIC STATE OF WASHINGTON STATE OF WASHINGTON ) COMMISSION EXPIRES ) SS JUNE 29, 2003 COUNTY OF KING ) • I certify that I know or have satisfactory evidence that 1)4o QI3au signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated:`1Y1 e.c- 15, �O�a- G�� `: he =!'�'f 1.��( U Notary Publi n and for State of Was i gton Notary(Print) MARILYN KAMCHEFF My appointment ex 3 Project Name: 1410r5c,t , P1ac 5114d p1ai Project Number: UPI OZ —D3ciSGrpJ —/9 NOTARY.DOC rgiNcURREoffieft NCE war TE 1 REPORT City of Renton s:T11 _ "1 Department of Planning/Building/Public Works to & N. DECISION ADMINISTRATIVE SHORT PLAT REPORT& LI A. SUMMARY AND PURPOSE OF REQUEST: REPORT DATE: April 30, 2002 Project Name Morgan Place II Short Plat Applicant Jennifer Steig Peterson Consulting Engineers 4030 Lake Washington Blvd. Suite 200 Kirkland, WA 98033 File Number LUA-02-039, SHPL-A Project Manager Jason E. Jordan Project D?scription Administrative Land Use Action (Short Plat Review) for a three-lot subdivision of two existing lots totaling 0.53-acre located in the Residential —5 Dwelling Unit Per Acre (R-5) Zone. The subject lots are newly created undeveloped lots within the Morgan Place Subdivision. All lots are intended for the future construction of single-family residences. Project Location 365 &359 Lyons Avenue NE � .. ,..c 4TH EthAiliff ST. a::a•• :lc.... :ashyu i•:: FDI i:v6 io/ p i ; i 4 PI n is II . .7 gR I ii 2 L 11, rj . .0W'W M tl , ® a b. N V Shy N J g a M n , c, O NE 3RD BT I SS 1 t I.. .i • Project Location Map shplrpt.doc • REPORT City of Renton Department of Planning/Building/Public Works DECISION ADMINISTRATIVE SHORT PLAT REPORT& DECISION A. SUMMARY AND PURPOSE OF REQUEST: REPORT,)ATE: April 30, 2002 Project Name Morgan Place II Short Plat Applicant Jennifer Steig Peterson Consulting Engineers 4030 Lake Washington Blvd. Suite 200 Kirkland, WA 98033 File Numter LUA-02-039, SHPL-A Project Manager Jason E. Jordan Project Description Administrative Land Use Action (Short Plat Review) for a three-lot subdivision of two existing lots totaling 0.53-acre located in the Residential—5 Dwelling Unit Per Acre (R-5) Zone. The subject lots are newly created undeveloped lots within the Morgan Place Subdivision. All lots are intended for the future construction of single-family residences. Project Location 365&359 Lyons Avenue NE iii-. ..�c .. s.aw.. .i�Ac...loc...n...:.•..::n: ls::�x tea:: --- ® D ( —L�7 "w� • IJ r 1� I; 2 O g v Al p O Q . O : O 1Mots �.1 vr�;—� 4 Of i II e 3 I II a M v 1 I O NE 9 �� R0M Project Lc cation Map shplrpt.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED April 30,2002; PROJECT LUA-02-039,SHPL-A Page 2 B. GENERAL INFORMATION: 1. Owners of Record: Abney Revard, Inc. 9375 SW Commerce Circle, Suite 7 Wilsonvile, OR 97070 2. Zoning Designation: Residential—5 du/ac (R-5) 3. Comprehensive Plan Land Use Designation: Residential Rural (RR) 4. Existing Site Use: The existing two lots are undeveloped lots there were newly created as part of the Morgan Place Subdivision. All infrastructure and utilities have been installed as part of the original subdivision. 5. Neighborhood Characteristics: North: NE 4th Street; Single Family Residential (R-5 zone) East: Lyons Avenue NE; Single Family Residential (R-5 zone) South: Lyons Avenue NE; single Family Residential (R-5 zone) West: Single Family Residential (R-5 zone) 6. Access: Lot 1 would have street frontage on NE 4th Street and Lyons Avenue NE; however, primary access would be served via Lyons Avenue NE. Lots 2 and 3 would be accessed from Lyons Avenue NE, which is directly east of proposed Lot 2 and east and south of proposed Lot 3. Lyons Avenue NE was dedicated and built as part of the Morgan Place Subdivision (LUA01-143, FP). 7. Site Area: 17,132 square feet/0.39 acre C. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 4498 2/20/1995 Zoning N/A 4404 6/7/1993 Annexation N/A 4760 4/21/1999 Morgan Place Preliminary Plat LUA01-028 N/A Approved 7/23/2001 Morgan Place Final Plat LUA01-143 N/A Approved 12/17/2001 D. PUBLIC SERVICES: 1. Utilities Water: The subject site is to be served by Water District# 90. Sewer: There is an existing 8-inch diameter sanitary sewer main in Lyons Avenue NE. Surface Water/Storm Water: There are existing storm facilities in Lyons Avenue NE& NE 4th Street. 2. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations Section 4-7-080: Detailed Procedures for Subdivision Section 4-7-120: Compatibility with Existing Land Use and Plan-General Requirements and shpltrpt.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED April 30,2002; PROJECT LUA-02-039,SHPL-A Page 3 Minimum Standards Section 4-7-150: Streets-General Requirements and Minimum Standards Section 4-7-170: Residential Lots-General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element—Residential Rural 2. Housing Element G. DEPARTMENT ANALYSIS: 1. Project Description/Background The applicant, Jennifer Steig, has proposed to subdivide two lots totaling 0.53-acres into three lots. The subject two lots were created as part of the Morgan Place subdivision (LUA01-028, PP, ECF) and are currently undeveloped. The initial subdivision application proposed to create three lots in this area of the plat; however, in order to provide the minimum lot area required, portions of the existing Lyons Avenue right-of-way needed to be vacated. At that time, the applicant proposed to vacate a small portion of Lyons Avenue NE, which intersected with NE 4th Street. In return, the applicants proposed to relocate Lyons Avenue NE approximately 80 feet to the east, which would then run north south with a small curve towards the west, through the northwest corner of the proposed Morgan Place Subdivision. During the final plat application, the applicant elected to proceed with the completion and recording of the 46 lot final plat prior to the City Council vacating that portion of Lyons Avenue NE right-of-way. By completing the final plat prior to vacating portions of Lyons Avenue NE right-of-way, the applicant was forced to amend the development from 47 lots to 46 lots or in this area of the development from 3 lots to 2 lots. The City Council has now completed the street vacation process for that portion of Lyons Avenue NE right-of-way and the applicant is now seeking to create three lots in this area as originally proposed. The lots are proposed at the followings sizes: 7,308 square feet (Lot 1), 7,326 square feet (Lot 2), and 8,466 square feet (Lot 3). The applicant is proposing to serve the three lots from Lyons Avenue NE, which was also dedicated and constructed as part of the Morgan Place subdivision. As proposed, the originally development totals approximately 15.89 acres with 4.25 acres or right-of-way dedication, access and sensitive areas deducted from the gross property area. This totals 11.64 acres or 507,038 square feet of net area, which is used to calculate density. This in turn, equates to a net density of 4.04 dwelling units per acre (47 / 11.64 = 4.4du/ac), which is under the maximum (5du/ac) allowed within the R-5 zone. Lot 1 abuts NE 4th Street and Lyons Avenue NE and would be provided direct access from Lyons Avenue NE. Proposed Lots 2 and 3 would be directly adjacent to Lyons Avenue NE and would also be served from that street. As part of the Morgan Place Subdivision development, the topography of the subject lots has been graded flat and neither lot has any vegetation at this time. 2. Environmental Review Except when located on lands covered by water or sensitive areas, short plats are exempt from SEPA Environmental Review pursuant to WAC 197-11-800(6)(a). 3. Compliance with ERC Conditions N/A 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. shpltrpt.doc • City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED April 30,2002; PROJECT LUA-02-039,SHPL-A Page 4 5. Consistency Short Plat Criteria Approval of a plat is based upon several factors. The following short plat criteria have been established to assist decision-makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation Compliance with the Comprehensive Plan Designation. The subject site is designated Residential Rural (RR) on the Comprehensive Plan Land Use Map. The objective established by the RR designation is to preserve open space and natural resources, while limiting residential development in protected areas. The proposal is consistent with the RR designation in that the applicant proposed to maximize the development potential for two existing lots that do not have any protected areas. The proposed short plat is consistent with the following RR policies: Policy LU-26. Maximum development densities should range from 1 home per 10 acres to 5 homes per acre in Residential Rural except in areas with significant environmental constraints including but not limited to:steep slopes, erosion hazard, flood plains, and wetlands where density shall not exceed 1 home per acre. The proposed project would meet this objective as no significant environmental constrains are located within the subject site and the proposed density is below the maximum allowed. Policy LU-28. To provide for more efficient development patterns and maximum preservation of open space, residential development may be clustered in Residential Rural Designations. The applicant has proposed to maximize the development potential of these parcels of land, as there are no known critical environmental areas. b) Compliance with the Underlying Zoning Designation The subject site is designated Residential — 5 Dwelling Units per Acre (R-5) on the City of Renton Zoning Map. The proposed development would allow for the future construction of up to three new single family dwelling units. The allowed density range in the R-5 zone is a minimum of zero to a maximum of 5 dwelling units per acre. Net density is calculated after the deduction of sensitive areas, areas intended for public right-of-way, and private easements serving 3 lots or more from the gross acreage of the site. The overall development contains 4.25 acres of area required to be deducted from the overall property area. Therefore, the net site area of the proposal (site area minus critical areas, right-of-way and private drives serving more than 3 lots) is 11.64 acres (15.89 — 4.25 = 11.64 acres or 507,038 square feet). This in turn, equates to a net density of 4.04 dwelling units per acre (47/11.64 acres =4.04 du/ac), which is under the maximum (5du/ac) allowed within the R-5 zone. The density calculation is based on the entire Morgan Place development, which received final plat approval on December 17, 2001 (LUA01-143). Specifically, the applicant initially submitted a 47-lot preliminary plat application, which was subsequently reduced to 46 lots until a portion of Lyons Avenue NE right-of-way could be vacated. The vacation process has been completed by the City Council and now the applicant is requesting an administrative three lot short plat to create the 47 lot within the Morgan Place Subdivision. The allowed building lot coverage in the R-5 zone is 35% or 2,500 square feet whichever is greater for lots over 5,000 square feet in size and, lots 5,000 square feet or less are allowed to have up to 50% lot coverage. All three lots proposed would exceed 5,000 square feet, thus would be subject to a 35% or 2,500 square feet lot coverage. Setbacks in the R-5 zone are as follows: front yard 20 feet, side yard 5 feet, side yard along a street 15 feet, and rear yard 20 feet. While no construction is planned for the lots at this time, they appear to have adequate area to provide for a new single family residence while meeting the required setbacks and lot coverage. In addition, each lot would have adequate area to provide two off-street parking spaces as required by the parking regulations. c) Compliance with Subdivision Regulations Streets:No new public streets would be created as part of the proposed short plat. RMC section 4-7-150.F of the Subdivision Regulations requires the installation of full street improvements, including curb, gutter, 6-foot sidewalk, and half-street pavement along the site's NE shpltrpt.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED April 30,2002;PROJECT LUA-02-039,SHPL-A Page 5 4th Street and Lyons Avenue NE street frontage pursuant to City of Renton Street Standards (RMC section 4-6-060), which has been completed as part of the Morgan Place Subdivision. The proposed subdivision is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, staff recommends a condition of approval be placed on the project requiring a Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project. As two lots are existing and have paid the required Transportation Mitigation Fee,the one additional lot is expected to generate approximately 9.57 new average weekday trips. The Transportation Mitigation Fee for the proposed short plat is estimated at $717.75 ($75.00 x 9.57 trips x 1 =$717.75) and is payable prior to the recording of the short plat. Blocks:No new blocks will be created as part of the proposed short plat. Lots: The minimum lot size permitted in the R-5 zone is 7,200 square feet. The proposed plat would create three lots, which are proposed at 7,308 square feet (Lot 1), 7,326 square feet (Lot 2), and 8,466 square feet (Lot 3) in size. The proposed lot sizes are compatible with other existing lots in this area under the same R-5 zoning classification. The proposed lots also comply with the R-5 requirements for minimum lot width (60 feet for corner lots and 50 feet for interior lots) as well as minimum lot depth (65 feet). Lot 1 would be classified as a corner lot and Lots 2 and 3 would be classified as interior lots. Each lot appears to have adequate building area for the construction of a single-family residence when taking setbacks and lot coverage requirements into consideration. The size, shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the R-5 zone. In addition, each lot would have access to a public street (Lyons Avenue NE). d) Reasonableness of Proposed Boundaries Access: Each lot would have the following direct access to a public right-of-way: • Lot 1 is a corner lot with direct street access from NE 4th Street and Lyons Avenue NE; and, • Lots 2 and 3 are classified as interior lots and would have direct access to Lyons Avenue NE. As Lot 1 is a corner lot and has street frontage along both NE 4th Street and Lyons Avenue, staff recommends a project condition prohibiting Lot 1 vehicular access to NE 4th Street. This project condition would ensure safe vehicular circulation along NE 4th Street, which intersects with Lyons Avenue NE at the northeast corner of proposed Lot 1. Topography:The topography of the site has been graded flat with the development of the Morgan Place Subdivision. Potential erosion impacts may occur during project construction;therefore, staff recommends a condition of project approval requiring the applicant to install a temporary erosion control system to the satisfaction of the Development Services representative for the duration of project. This would ensure no additional stormwater erosion impacts would be generated from the proposal. It should be noted, that the subject area has been developed pursuant to the 1998 King County Surface Water Design Manual (KCSWDM), which was a condition of the Morgan Place subdivision. Relationship to Existing Uses:The properties surrounding the subject site are designated Residential—5 Dwelling Units Per Acre (R-5) on the City's zoning map. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage residential inf ill development. e) Availability and Impact on Public Services(Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provide Code required improvements and fees. A Fire Mitigation Fee, based on $488.00 per new single family lot with credit given for the existing two lots (mitigation fees were paid as part of the Morgan Place Subdivision), is recommended. The payment of this fees would mitigate the proposal's potential impacts to City emergency services. The fee is estimated at $488.00 ($488 x 1 = $488.00) and is payable prior to the recording of the short plat. shpltrpt.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED April 30,2002; PROJECT LUA-02-039,SHPL-A Page 6 Recreation: The proposal does not provide on-site recreation areas for future residents of the proposed short plat. However, there are existing recreational facilities in the area such as Maplewood Community Park that future residents may use. Therefore, in order to offset the additional use of park facilities, a Park Mitigation Fee is recommended. Specifically, a Parks Mitigation Fee of $530.76 per new single family lot is recommended prior to the recording of the short plat, with credit given for the existing two lots (mitigation fees were paid as part of the Morgan Place Subdivision). The fee is estimated at $530.76 ($530.76 x 1 = $530.76) and is payable prior to the recording of the short plat. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students per single family residential dwelling. Therefore, it is anticipated that the proposed short plat would result in 0.44 (0.44 X 1 = 0.44) new children to the local schools (Maplewood Heights Elementary School, McKnight Middle School, and Hazen High School). The Renton School District has indicated they can accommodate the additional 0.44 students generated by this proposal. Storm Water. Storm water facilities are located in Lyons Avenue NE and NE 4th Street, which were developed as part of the Morgan Place subdivision. The original drainage report was submitted with the Morgan Place Subdivision and has been reviewed and approved by the City of Renton's Plan Review Section. A Surface Water System Development Charge of $525.00 for the new lot would be collected as part of the construction permit or prior to the recording of the short plat. Water and Sanitary Sewer Utilities: The subject site will be served by the King County Water District # 90. The water district has indicated that there are sufficient resources to serve the site. There is an 8-inch sewer main located in Lyons Avenue NE. A Sewer System Development Charge of$760.00 for the new lot would be collected as part of the construction permit. H. Findings: Having reviewed the written record in the matter, the City now enters the following: 1. Request: The applicant has requested Administrative Short Plat Approval for the Morgan Place II Short Plat, File No. LUA-02-039, SHPL-A. 2. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of the Residential Rural (RR) land use designation. 4. Zoning: The proposal as presented, complies with the zoning requirements and development standards of the Residential Single Family-5 (R-5) zoning designation, provided all advisory notes and conditions of approval are complied with. 5. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations. 6. Existing Land Uses: Land uses surrounding the subject site include: North Residential Single Family (zoned R-5); East: Residential Single Family(zoned R-5); South: Residential Single Family(zoned R-5); and West: Residential Single Family(zoned R-5). 1. Conclusion: 1. The subject site is located in the Residential Rural (RR) comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the Residential—5 Dwelling Units Per Acre zoning designation and complies with the zoning and development standards established with this designation. 3. The proposed three lot short plat complies with the subdivision regulations as established by city code and state law. 4. The proposed three lot short plat complies with the street standards as established by city code. shpltrpt.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED April 30,2002; PROJECT LUA-02-039,SHPL-A Page 7 J. DECISION: The Morgan Court II Short Plat, File No. LUA-02-039, SHPL-A, is approved subject to the following conditions: 1. The applicant shall pay the required Transportation Mitigation Fee at the rate of$75.00 per net new average daily trip associated with the project estimated at$717.75. The Transportation Mitigation Fee shall be paid prior to the recording of the short plat. 2. The applicant shall pay the required Fire Mitigation Fee equal to$488.00 per new single family lot estimated at $488.00. The Fire Mitigation Fee shall be paid prior to the recording of the short plat. 3. The applicant shall pay the required Parks Mitigation Fee equal to $530.76 per new single family lot estimated at$530.76. The Parks Mitigation Fee shall be paid prior to the recording of the short plat. 4. The applicant shall be required to develop a Temporary Erosion Control plan and install and maintain the plan to the satisfaction of the Development Services Division for the duration of the project submittal (this condition shall be noted on the face of the final short plat drawing prior to recording). 5. Lot 1 shall not have vehicular access to NE 4th Street. This condition shall be placed on the face of the final short plat prior to recording. DATE OF DECISION ON LAND USE ACTION: April 30, 2002 SIGNATURES: 9)IT /0Z-- Gregg A. immerman,P/B/PW Administrator decision date shpltrpt.doc • City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED April 30,2002; PROJECT LUA-02-039,SHPL-A Page 8 ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions Planning 1. The site is designated Residential Rural in the Comprehensive Plan. 2. The property is zoned Residential 5 (R-5). Densities allowed in the R-8 Zone are zero dwelling units per net acre (du/a) minimum and 5 du/a maximum. 3. Minimum lot size in the R-5 Zone is 7,200 sf, with minimum width of 50 feet. The minimum permitted lot depth is 65 feet. 4. Heights of buildings in the R-5 Zone are limited to 2 stories, or 30 feet. 5. Required setbacks in the R-5 Zone are a 20-foot front yard, a 20-foot rear yard, a 15-foot side yard along a street and 5-foot interior side as measured from the property line to the nearest point of the structure. Setback dimensions should be shown on the construction drawings, but must be removed prior to recording the final short plat. 6. The maximum building coverage in the R-5 Zone is 35 percent or 2,500 square feet which ever is greater for lots over 5,000 sf and 50 percent lots 5,000 sf or less. 7. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 8. Within thirty(30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety(90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 9. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. 10. Driveway slopes are not allowed to exceed 15% in grade. All driveway approaches over 8% in grade are required to have slotted drains at the edge of the drive. Property Services -Comments for Final Short Plat Submittal 1. Please refer to the attached memo from Sonja Fesser dated April 16, 2002. Fire Prevention 1. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single family structures. If the building square footage exceeds 3,600 square feet in area,the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. Plan Review—Drainage 1. The Surface Water System Development Charges of$525 per each new lot applies to this project. Plan Review—Sewer 1. Short plats shall provide separate side sewers stubs to each building lot. No dual side sewers are allowed. Side sewers shall be minimum 6"at 2% slope. 2. This parcel is subject to the East Renton Sewer Interceptor Special Assessment District (SAD). Fee is $224.52+ interest per new lot. This fee is payable at the time the utility construction permit is issued. 3. Sanitary Sewer System Development Charges of$760 per each new lot are required for this project. The Development Charges are collected as part of the construction permit prior to the recording of the short plat. Plan Review—Water 1. The applicant must obtain a certificate of water availability from Water District 90, to determine that the district's water system can provide the fire flow demand as required by City of Renton's codes and standards for development. Plan Review—Street Improvements 1. None. Plan Review—General 1. All required utility, grading, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a registered Civil Engineer. 2. A construction permit is required. When plans are complete three copies of the drawings, two copies of the drainage report, a construction estimate, application and appropriate fees shall be submitted to the sixth floor counter. 3. Separate permits for water meters and side sewers are required. shpltrpt.doc City of Renton P/B/PW Department Administrative Land Use Action REPORT AND DECISION DATED April 30,2002; PROJECT LUA-02-039,SHPL-A Page 9 TRANSMITTED this 1st day of May,2002 to the owner/applicant: Abney Revard, Inc 9375 SW Commerce Circle, Suite 7 Wilsonvile,OR 97070 TRANSMITTED this 1st day of May,2002 to the contact: Jennifer Steig Peterson Consulting Engineers 4030 Lake Washington Blvd. Suite 200 Kirkland,WA 98033 TRANSMITTED this 1st day of May,2002 to the Parties of Record: Lawrence Blake 750 Royal Crest Cir. #455 Las Vegas, NV 89109 Quang Do& Phung Chung 8433—129th Ave. SE Newcastle,WA 98056 TRANSMITTED this 1st day of May,2002 to the following: Larry Meckling,Building Official L. Rude,Fire Marshal Neil Watts,Development Services Director Jennifer Henning Jan Conklin Carrie Olson-Davis Lawrence J.Warren,City Attorney South County Journal Land Use Action Appeals& Requests for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period(RCW 43.21.C.075(3);WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision,any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator finds insufficient evidence to amend the original decision,there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on May 15,2002. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office,(425)430-6510. Appeals must be filed in writing,together with the required$75.00 application fee,to: Hearing Examiner,City of Renton, 1055 South Grady Way, Renton,WA 98055. EXPIRATION DATE: The Short Plat approval will expire two(2)years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. shpltrpt.doc SEC. 11, TWP.23 N.,RGE. 5 E., W.M. M*JLLIANPLAL, ' II - . .,„..,\, " ,, 1.; MOR'4,4.N PLACE R. , ,,,...,„, 4,1 11 w1�' • I �.. I .,. I ' 1149 Kill iF •,•S aNFcu UN ..:: K •I �I.I� Ir4 �_ Y ZINAH>,T _ s ... fi..i//zfIIo/�I% �i I �l�ll i "" ,� 1,. . : -- '--- '. ••. A.-._L "— J raw, ' gi .>«,r 44444444444 N. _ _ ° '4 NE 4th STREET ► �,;r s „ SITE M N , \ , 10'EMU °• KWG'LOO1/7Y DRANA4Y EASEMENT' .-•—\ Y i C G \ `."`t-F 'j .(6me2w55)-o-,— °a so' 0 so• ct �� -\ ''• SCALE: 1"-40' B 2 y MOrrs g k 'A- ,' !- -- / /�' (dui �piC 11 m_ 50_ ' ..•. 4 51Prar ki iS3- . • d y N o i W l W \\\ �ea ��. j; /I VICINITY MAP: ��k!a N 8 R T. d 1' 1�v / 24 (I NOT TO SCALE > N� l i 7Juss2 ',r io Z � GENERAL NOTES: 1 Iti W iftaii 1 \ 1 0 ' 11 -II}y Lai OMNER/DEIk10PER: ABNEY REVARD.we I� Z ..R. ..✓ I ,v ' 'I I I ->--- 'AJR7r3E iw cOYYERcr aRCle Q e Jar_-- r 6KSCY/NLIG OPEIXW 97070 �] ;'' BED.(TOP.) I 1 I EASEMENT �,y' •; •.•• ENGINEER: PETERSCN CONSULT/NG ENGINEERS I� `.J I I / ^Y 4030 LAKE WASHINGTON 9.10 N.E. /y •y II 4y1 I (ICJ) I 1 1� IZ.' SITE ZOO Q PRP♦ODIMENysm LOT--1� T-�- V!2 .A•I I KIRKLAND, 5874 TON 98033 0 J F• I a+ I I 7,326 SF I I �4 I (CYNT CONTACT:•ENYIFER A.SJEIG P.E. CO .4111 ..: I I . :'( EXISTING'LOT I I I I ' r i - NE 3rd- SURVEYOR: MEAD O AIAN t ASSOCATES P.O.BOX 289 CC ipikilig L Q; uNE(nr.) -roz----I , .A' :_L/ ,LANE, IIODDINV6LE.WASNNGION 98071 Q rs T.. I J (425)486-IY31 �+ --Jam'-_-----� �f` �\ CONTACT':EDWARD ANaxsnN.P.LS Z J r.'' EXIs7hvc LOT . I l /V/ / �\ MORGAN PLACE 11 S89 A PLACE -1 Z0 DIMEN)SION i\ i / ` , L/ �/� �\_--- TOTAL AREA(tf 0.33 ACRES(CROSS) IS69 ACRES(GROSS) J 2 •r (TYR I 4466 SF / IOTA/AREA ROW,ACCESS /Wy OLAJ 0 •T,• a� ,i, /f/./4////I/ ESMT$SENSMIYE AREAS 0 ACRES 4.25 ACRES /, C' i ``, // / /•.�{IO- NET AREA: 0.5J ACRES 1J.64 ACRES `l a C IC I /' it 1.sb----- TOTAL LOTS J 47 d BA I.E:% 1 / ' ♦ _ MAX.ALLOWABLE OENS71". 5 DU/ACRE 3 Of//ACRE () // / j/ / / `� PROPOSED DENSITY. 4.04 aU/ACRE 4,04 OU/ACRE S // / / ///�//•/ v\.>--47---—,--- zOWNO R-S URBAN RESIDENTIAL �. +/ . ii IP // /W W EXISTING USE USE 9NGIF-FAMILY,DETACHED R AN I \ /. ./ + ; A` BOUNDARY INFORMA 710N PROPOSED USE: SINGLE-FAMILY,DETACHED ...44.t W.c't/ • 1 g I /♦ 4�Y. - r BEARING DISTANCE BOUNDARY`. FIELD SLRWY BY MEAD GILVAN&ASSOCIATES T. y .`` •'. 1 // / . . ••// d �, L1 N0078 51 E 248.13' TDPOORAPHT. FIELD SURVEY BY MEAD GILMAN&ASSOCIATES y, '►.r' a ', w /„ o/// L2 N8871'09"W 80.08' 36 . 9 /�/! ;/��/ JJ L3 NO138'51E 112.36' UTILITIES/PURVEYORS: / %al..ALtaI.;Iv _ U/�� y/h)( ,,,,/0 WTY v L4 N3972'13 E 79.20' A I Ti•:i::ER "�// /� ' / L5 N65T)4'1TW 33.00' SERER/WATER GILT RENTON 1EXPIRES 0e/09/02 1 F'r EL JFrfE iYT // / `/ ;�`�' SIEQM DRAINAGE. CITY OF RENTON �// /// /��7�__' D.T I DELTA RADIUS LENGTH � R: PULErsnuvDENERGY UNLESSSIGG DTANDDATES wi // 74/ C' //��` Cl 90t70'00' 25.00' 39.27' TEIEPHONE owEST /� //�/// //I/;/ �A( u /, C2 37332?- 700.00' 65.55 �'ETERSON 1•) II 1'r//1// /.. IY/1 CABLE. AT&T LI ` FIE DISTRICT.: CITY OF RENTON C O N S U LT L N G SCHOOL DISTRICT: ISSAQUAH SCHOOL DISTRICT N11 I \ (. I \ I I I. S BENCHMARKS/DATUM: BL7YCHMARKS CITY OF RENTON BM/r852 24-OCT-66. 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RM-I Residential Multi-Family maul I-I Industrial - Heavy RM-N Residential Multi-Family Neighborhood Center I-1 Industrial - Medium PAGE ' RM-C Residential Multi-Family Suburban Center r Industrial - Light INDEX tl RM-U Residential Multi-Family Urban Center• I P-1 I Public Use i Y CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: April 16,2002 TO: Jason Jordan FROM: Sonja J.Fesser,))t SUBJECT: Morgan Place II Short Plat,LUA-02-039-SHPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant: The lot dimensions,noted on the drawing,do not agree with what is noted in the"BOUNDARY INFORMATION"block. Also,note the bearings for the east/west common boundary lines between Lots 1 and 2 and between Lots 2 and 3. Information needed for final short plat approval includes the following: Note the City of Renton land use action number and land record number,LUA-02-039-SHPL and LND-20-0313,respectively,on the drawing,preferably in the upper right-hand corner. The type size used for the land record should be smaller than that used for the land use action number. A licensed surveyor needs to prepare and sign the final short plat drawing(s). Show ties to the City of Renton Survey Control Network. The geometry will be checked when the ties are provided. Provide short plat and lot closure calculations. Include a statement of equipment and procedures used,per WAC 332-130-100. Note all easements,agreements and covenants of record on the drawing. Indicate what has been,or is to be, set at the corners of the proposed lots. \H:\FILE.SYS\LND\20\0313\RV020412.doc April 16,2002 Page 2 Note the date the existing monuments were visited,per WAC 332-13-150. Note whether the properties to the west of the subject property are platted or unplatted. Remove the building setbacks noted on the short plat lots. Setbacks will be determined at the time that building permits are issued. The city will provide an additional address as soon as possible. Note all three addresses on the drawing. On the final short plat submittal,remove all references to trees,utility facilities,topog lines and other items not directly impacting the subdivision. These items are provided only for preliminary short plat approval. The City of Renton Administrator of Planning/Building/Public Works is the only city official who signs the short plat drawing. Provide an approval block and signature line for him. The appropriate King County approval blocks also need to be noted on the drawing. The owners of the subject short plat need to sign the final short plat drawing. Include notary blocks as needed. Include a declaration block on the drawing. Note that if there are restrictive covenants, agreements or easements to others(the City of Renton, etc.)as part of this subdivision,they can be recorded concurrently with the short plat. The short plat drawing and the associated document(s)are to be given to the Project Manager as a package. The short plat shall have the first recording number. The recording number(s)for the associated document(s)are to be referenced on the short plat drawing in the appropriate locations. Fee Review Comments: The Fee Review Sheet for this review of the preliminary short plat is provided for your use and information. H:tFILE.SYS\LND\20\0313\RV020412.doc\sjf PROPERTY SE" ' 'ES FEE REVIEW FOR SUBDIVIS 3 No. 2002 - Qz I • APPLICANT: AiEf>ti( --y -� �/� t I4..1/"', RECEIVED FROM (date) JOB ADDRESS: 363 359 LY01.1S AVE. WO# '789Gq NATURE OF WORK: ND# 20- X PRELIMINARY REVIEW O SUBDIVISI N BY L G PLA , NEED MORE INFATION: LEGAL DESCRIPTION SHORT PLAT,BINDING SITE PLAN,ETC. PID#'s - VICINITY MAP - FINAL REVIEW OF SUBDIVISION,THIS REVIEW REPLACES - SQUARE FOOTAGE - OTHER PRELIMINARY FEE REVIEW DATED FRONT FOOTAGE SUBJECT PROPERTY PARENT PH)# yo-j-Tzp -Oz 10 " NEW KING CO.TAX ACCT.#(s)are required when — p??p 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# ,addressed as has not previously paid SDC fees,due to connection to City utilities prior to existance of SDC fee Ord. SP Lot# 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 ASSESSMENT DISTRICTS NO. NO. ASSESSMENT UNITS OR FEE Latecomer Agreement(pvt)WATER Latecomer Agreement(pvt)WASTEWATER Latecomer Agreement(pvt)OTHER Special Assessment District/WATER G..l lL p rc,-s *22.4.52 X UIJI1''3 4, a-t11..I1Z1:, Special Assessment District/WASTEWATER .} IrSy- Joint Use Agreement(METRO) Local Improvement District Traffic Benefit Zones $75.00 PER TRIP,CALCULATED BY TRANSPORTATION FUTURE OBLIGATIONS I I SYSTEM DEVELOPMENT CHARGE-WATER - Estimated #OF UNITS/ SDC FEE Pd Prey. Partially Pd(Ltd Exemption) Never Pd SQ.FIG. Single family residential$1,105/unit x — tcZE- Mobile home dwelling unit$885/unit in parkifke PROV t, Apartment,Condo$665/unit not in CD or COR zones x qo Commercial/Industrial, $0.154/sq. ft.of property(not less than$1,105.00)x Boeing,by Special Agreement/Footprint of Bldg plus 15 ft perimeter(2,800 GPM threshold) SYSTEM DEVELOPMENT CHARGE-WASTEWATER" Estimated " Pd Prey. " Partially Pd(Ltd Exemption) " Never Pd Single family residential$760/unit x .72c Da Mobile home dwelling unit$610/unit x Apartment,Condo$455/unit not in CD or COR zones x Commercial/Industrial$0.106/sq.ft. of property x(not less than$760.00) SYSTEM DEVELOPMENT CHARGE-SURFACEWATER - Estimated " Pd Prey. " Partially Pd(Ltd Exemption) Never Pd Single family residential and mobile home dwelling unit$525/unit x 1 525,00 All other properties$0.183sq ft of new impervious area of property x (not less than$525.00) PRELIMINARY TOTAL $ fhJ 4/I2/0Z `4 Signatur cf Revi �i tg Authority IYATE *If subject property is within an LID,it is developers responsibility to check with the Finance Dept. for paid/un-paid status. Square footage figures are taken from the King County Assessor's map and are subject to change. m Current City SDC fee charges apply to $, — EFFECTIVE January 4,2001 PROPERTY SEI ES FEE REVIEW FOR SUBDIVISI ; No. 2002- 021 APPLICANT: -1=I—1441 I . RECEIVED FROM (date) JOB ADDRESS: 3�5 7 354 LY014c AN\Y J WO# 78gaq NATURE OF WORK: ND# 2Q- )( PRELIMINARY REVIEW O SUBDIVISI N BY L G PLA , NEED MORE INFORMATION: " LEGAL DESCRIPTION SHORT PLAT, BINDING SITE PLAN,ETC. PID#'s " VICINITY MAP FINAL REVIEW OF SUBDIVISION,THIS REVIEW REPLACES SQUARE FOOTAGE " OTHER PRELIMINARY FEE REVIEW DATED " FRONT FOOTAGE SUBJECT PROPERTY PARENT PID# -nz.l n NEW KING CO.TAX ACCT.#(s)are required when -O,ZZp 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# ,addressed as has not previously paid SDC fees, due to connection to City utilities prior to existance of SDC fee Ord. SP Lot# 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 ASSESSMENT DISTRICTS NO. NO. ASSESSMENT UNITS OR FEE Latecomer Agreement(pvt)WATER Latecomer Agreement(pvt)WASTEWATER Latecomer Agreement(pvt)OTHER Special Assessment District/WATER $2a4.152 X UI4rf 3 1 Special Assessment District/WASTEWATER ♦ I Joint Use A'reement(METRO) Local Improvement District Traffic Benefit Zones $75.00 PER TRIP,CALCULATED BY TRANSPORTATION FUTURE OBLIGATIONS I I SYSTEM DEVELOPMENT CHARGE-WATER " Estimated #OF UNITS/ SDC FEE Pd Prev. " Partially Pd(Ltd Exemption) " Never Pd SQ.FTG. Single family residential$1,105/unit x YYA'r 51;7RV iCZE'Ten tesE Mobile home dwelling unit$885/unit in park "PPOV I'b_, 13Y l 414 Apartment,Condo$665/unit not in CD or COR zones x qO Commercial/Industrial, $0.154/sq.ft.of property(not less than$1,105.00)x Boeing,by Special Agreement/Footprint of Bldg plus 15 ft perimeter(2,800 GPM threshold) SYSTEM DEVELOPMENT CHARGE-WASTEWATER - Estimated " Pd Prev. " Partially Pd(Ltd Exemption) " Never Pd Single family residential$760/unit x ?CO o0 Mobile home dwelling unit$610/unit x Apartment,Condo$455/unit not in CD or COR zones x Commercial/Industrial$0.106/sq.ft.of property x(not less than$760.00) SYSTEM DEVELOPMENT CHARGE-SURFACEWATER " Estimated Pd Prev. " Partially Pd(Ltd Exemption) " Never Pd Single family residential and mobile home dwelling unit$525/unit x 525,00 All other properties$0.183sq ft of new impervious area of property x (not less than$525.00) PRELIMINARY TOTAL $ - 4/I2/oZ m o Signatur Rev' i g Authority IYATE W o FS N *If subject property is within an LID,it is developers responsibility to check with the Finance Dept. for paid/un-paid status. - Square footage figures are taken from the King County Assessor's map and are subject to change. - Current City SDC fee charges apply to P. - m EFFECTIVE January 4,2001 sui CEIVED CITY' RENTON sea Planning/Buildine8WAVorks Department APR 2 4 2002 Gregg Zln Jesse Tanner,Mayor merma.q, .E.,Administrator TRANSPORTATION DEPT PPS 16 i�,1 soy— April N��NpEr 10, 2002 RSD 403 Superintendent's Office Renton School District #403 —•- 300 SW 7th Street �� it," 18 2002 Renton, WA 98055-2307 - , Subject: Morgan Plare II CAPITAL PROJECTS LUA-02-039,SHPL-A The City of Renton Development Services Division has received an application for a three lot short plat. The property is located at the 1600 block of Newport Ave. NE. Please refer to the enclosed Notice of Application for complete details regarding this proposed project. In of der to process this application, the Development Services Division needs to know which Renton schools wou d be attended by children living in residences at the location indicated above. Would you please fill in the appropriate schools on the list below and return this letter to my attention, Development Services Division, City of Renton, 1055 South Gr Way, Renton, Washi . on 98055. Elementary School: 1rk Middle School: —/ Higf School -- Will the schools you have indicated e able to handle the impact of the additional students estimated to come from the proposed development? Yes X No Any Comments: Thank you for providing this important information. If you have any questions regarding this project, please contact me at (425) 430-7219. Sincerel , DEVELOPMENT PLANNING • CITY OF RRENTON MAY 0 9 2CO2 Jason E. Jordan Asscciate Planner RECEIVED 1055 South Grady Way-Renton,Washington 98055 R E N T O N AHEAD OF THE CURVE school/ /kac This paper contains 50%recycled material,30%post consumer Zlilip City of Rey, n Department of Planning/Building/Public . s ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: P CE COMMENTS DUE: APRIL 24, 2002 APPLICATION NO: LUA-02-039, SHPL DATE CIRCULATED: APRIL 10,2002 APPLICANT: Abney Revard, Inc. PROJECT MANAGER: Jason E.Jordan PROJECT TITLE: Morgan Place II WORK ORDER NO: 78969 LOCATION: SW intersection of NE 4th and Lyons Ave. NE SITE AREA: 23,087 SF I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant has requested a three lot short plat located at the southwest corner of NE 4th Street and Lyons Avenue NE (within the Morgan Place development). The subject site is located in the Residential - 5 (R-5) zoning designation and the Residential-Rural Comprehensive Plan Land Use Designation. Access to the lots is proposed from Lyons Avenue NE. Lot 1 is proposed to be 7,308 square feet, Lot 2 is proposed to be 7,326 square feet and Lot 3 is proposed to be 8,466 square feet. A. ENVIRONMENTAL IMPACT(e.g. Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary - Earth Housing Air Aesthetics Water Light/Glare Plants _ Recreation Land/Shoreline Use Utilities Animals _ Transportation Environmental Health - Public Services -� _ Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. CIL3Cdad) 5 /Ll-0Z Signature of Director or Authorized Representative Date Routing Rev.10/93 City of Re..._.. Department of Planning/Building/Public t ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: CONSTRUCTION SERVICES COMMENTS DUE: APRIL 24, 2002 APPLICATION NO: LUA-02-039, SHPL-A DATE CIRCULATED: APRIL 10,2002 APPLICANT: Abney Revard, Inc. PROJECT MANAGER: Jason E.Jordan ctTVOFRFNToti PROJECT TITLE: Morgan Place II WORK ORDER NO: 78969 R E L E I V E D LOCATION: SW intersection of NE 4th and Lyons Ave. NE APR 0 4 2002 SITE AREA: 23,087 SF BUILDING AREA(gross): N/A BUII niNG DIVI SUMMARY OF PROPOSAL: The applicant has requested a three lot short plat located at the southwest corner of NE 4t Street and Lyons Avenue NE (within the Morgan Place development). The subject site is located in the Residential - 5 (R-5) zoning designation and the Residential Rural Comprehensive Plan Land Use Designation. Access to the lots is proposed from Lyons Avenue NE. Lot 1 is proposed to be 7,308 square feet, Lot 2 is proposed to be 7,326 square feet and Lot 3 is proposed to be 8,466 square feet. A. ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS DEVELOPMENT CI y oF E ON ING APR 1 01002 C. CODE-RELATED COMMENTS RECEIVE!) Mitrd We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas wher additional information is needpddto properly assess this proposal. it/ Si ture o Direct6Authorized Representativi Date Routing ✓ Rev.1C/93 City of Re,m',► Department of Planning/Building/Public ...,.:s ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ECONOMIC DEVELOPMENT COMMENTS DUE: APRIL 24, 2002 APPLICATION NO: LUA-02-039, SHPL-A DATE CIRCULATED: APRIL 10,2002 APPLICANT: Abney Revard, Inc. PROJECT MANAGER: Jason E.Jordan PROJECT TITLE: Morgan Place II WORK ORDER NO: 78969 LOCATION: SW intersection of NE 4th and Lyons Ave. NE SITE AREA: 23,087 SF I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant has requested a three lot short plat located at the southwest corner of NE 4th Street and Lyons Avenue NE (within the Morgan Place development). The subject site is located in the Residential -5 (R-5) zoning designation and the Residential Rural Comprehensive Plan Land Use Designation. Access to the lots is proposed from Lyons Avenue NE. Lot 1 is proposed to be 7,308 square feet, Lot 2 is proposed to be 7,326 square feet and Lot 3 is proposed to be 8,466 square feet. A. ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date Routing Rev.10/93 CITY OF RENTON ECONOMIC DEVELOPMENT NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: April 23,2002 TO: Jason Jordan FROM: 'Ij Don Erickson • SUBJECT: Morgan Place II Short Plat,NE 4th Street and Lyons Avenue NE; LUA-02-039, SHPL-A, (PID 563720-0210) The applicant is proposing a three lot short plat of a 23,095 square foot site located is the southeast quadrant of the intersection of NE 4th Street and Lyons Avenue NE. Lyons Avenue NE was jogged to the right to align with that portion of it laying north of NE 4th Street. The subject site includes approximately 6,250 square feet of the former street right-of-way that has been vacated. The 0.53 acre site is across the street from Morgan Place, a 15.89 acre subdivision with 47 lots that was approved and recorded in 2002. It is located in the Residential Rural land use designation as shown on the Comprehensive Plan Land Use Map and is zoned R-5,Residential 5 du/acre. Relevant Comprehensive Plan Land Use Policies: Objective LU-G: Manage and plan for high quality residential growth in Renton which preserves open space and discourages urban sprawl. Policy LU-23. New development within all residential designations except Rural Residential should achieve a minimum density. The minimum density may be adjusted to reflect constraints on a site. Policy LU-26. Maximum development densities should range from 1 home per 10 acres to 5 homes per acre in Residential Rural except in areas with significant environmental constraints including but not limited to: steep slopes, erosion hazard, floodplains, and wetlands where density shall not exceed 1 home per acre. Policy LU-29. Deeds of lots adjacent to rural residential areas should carry a notice reading "The adjacent lot may be expected to have impacts associated with rural lifestyles. These uses are expected to continue and are given priority status over more intensive urban uses on adjacent lots." Analysis: Because short plats are typically exempt from SEPA we assume this short plat is also exempt. There are no apparent policy conflicts based upon the above policies. The three lots achieve a density of 5.66 units per net acre (see attached Density Worksheet). This exceeds the maximum allowed density of 5.0 du/net acre in the R-5 Zone. Conclusion: This proposed short plat appears to be inconsistent with the relevant land use policies and in particular those for the Residential Rural land use designation. As part of the earlier Morgan Place preliminary plat the subject three parcels did comply with the maximum permitted density. Attachment cc: Rebecca Lind H:\EDNSP\Interdepartmental\Development Review\Green File\Comments\Morgan Place II.doc\d KBS Ill Partners, LLC Rbyuest for Sewer Availability outside City l s(Luck, et al) 04/19/2002 City of Renton Morgan Place II Density Worksheet for Development in the R-5 Zone New development in the R-5 Zone may not exceed a maximum density of 5 dwelling units per net developable acre. (Section 4-31-4.3.D.2) No minimum density is required . 1) Total parcel size minus street r-o-ws and sensitive areas: 23100.00 square feet 2) Net Acreage(line 1 divided by 43560): 0.53 acres 3) Maximum allowed dwelling units dwelling units net density and associated density: Max. 2 3.77 4) 23100.00 sq ft and 3 dwelling units result in a density of 5.66 d.u./acre. Deductions from gross area: estimated 0.00 sq ft for street r-o-w. H:\DIVISION.S\DEVELOP.SER\DEV&PLAN.ING\R-5CALC.XLS CITY OF RENTON MEMORANDUM DATE: April 18, 2002 TO: Jason Jordan FROM: Juliana Sitthidet (x-7278) SUBJECT: MORGAN PLACE II SHORT PLAT - LUA 02-039 SW Intersection of NE 4th St and Lyons Ave NE I have reviewed the application for the Morgan Place 2 Short Plat at the SW corner of NE 4th St and Lyons Ave NE and have the following comments: EXISTING CONDITIONS WATER The site would be served by King County Water District No. 90. Project located outside the Aquifer Protection Area. SEWER There is a 8-inch sewer main in Lyons Ave NE. STORM There are storm facilities fronting the site in both NE 4th St. and in Lyons Ave NE. STREETS There are curb, gutter, sidewalk and streetlights fronting the property in both Lyons Ave NE and in NE 4th Street. CODE REQUIREMENTS WATER 1. The applicant must obtain a certificate of water availability from Water District 90, to determine that the district's water system can provide the fire flow demand as required by City of Renton's codes and standards for development. SANITARY SEWER 1. Short plats shall provide separate side sewers stubs to each building lot. No dual side sewers are allowed. Side sewers shall be minimum 6" at 2% slope. 2. This parcel is subject to the East Renton Sewer Interceptor Special Assessment District (SAD). Fee is $224.52 + interest per new lot. This fee is payable at the time the utility construction permit is issued. 3. The Sanitary Sewer System Development Charge (SDC) is $760 per new building lot (the rate is $760). This fee is payable at the time the utility construction permit is issued. SURFACE WATER 1. The Surface Water System Development Charge (SDC) is $525 per new building lot (the rate is $525). This fee is payable at the time the utility construction permit is issued. 2. An Erosion Control Plan is required. TRANSPORTATION 1. No street improvements are required. PLAN REVIEW - GENERAL 1. All plans shall conform to City of Renton drafting standards. 2. A construction permit is required. When plans are complete three copies of the drawings, two copies of the drainage report, a construction estimate and application fee shall be submitted at the 6th floor counter. 3. Separate permits for water meters and side sewer are required. RECOMMENDED CONDITIONS 1. Due to downstream flooding and erosion control problems, staff recommend this project to comply with the 1998 King County Surface Water Manual to meet both detention (Level 2-flow control) and water quality improvements. 2. The traffic mitigation fees will be assessed at $717.75. (The rate is 9.57 trips x $75). See attached Mitigation Fee Report. This fee is payable prior to recording of the short plat. 3. Temporary Erosion Control shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. cc: Kayren Kittrick City of R....,,n Department of Planning/Building/Public cs ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: TRANSPORTATION COMMENTS DUE: APRIL 24, 2002 APPLICATION NO: LUA-02-039, SHPL-A DATE CIRCULATED: APRIL 10, 2002 APPLICANT: Abney Revard, Inc. PROJECT MANAGER: Jason E.Jordan PROJECT TITLE: Morgan Place II WORK ORDER NO: 78969 CITY nc afin,Cpt LOCATION: SW intersection of NE 4th and Lyons Ave. NE RECEIVED SITE AREA: 23,087 SF ( BUILDING AREA(gross): N/A APR rj q 2002 SUMMARY OF PROPOSAL: The applicant has requested a three lot short plat located at the somMwRst corner of NE 4th Street and Lyons Avenue NE (within the Morgan Place development). The subject site is loc 4IN B�si al - 5 (R-5) zoning designationand the Residential Rural Comprehensive Plan Land Use Designation. Access to the lots is proposed from Lyons Avenue NE. Lot 1 is proposed to be 7,308 square feet, Lot 2 is proposed to be 7,326 square feet and Lot 3 is proposed to be 8,466 square feet. A. ENVIRONMENTAL IMPACT(e.g. Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water _ _ _ Light/Glare Plants Recreation _ Land/Shoreline Use Utilities Animals Transportation Environmental Health _ Public Services Energy/ Historic/Cultural Natural Resources Preservation• _ Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS Sew ocaocched We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas w re additional informati is needed to properly assess this proposal. —icc-6,..z Sig ure of Director or thorized Representative Date Route Rev.10/93 City of R.....,n Department of Planning/Building/Public cs ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: PLAN REVIEW COMMENTS DUE: APRIL 24, 2002 APPLICATION NO: LUA-02-039, SHPL-A DATE CIRCULATED: APRIL 10,2002 CITY OF RENtUN APPLICANT: Abney Revard, Inc. PROJECT MANAGER: Jason E.Jordan RECEIVED PROJECT TITLE: Morgan Place II WORK ORDER NO: 78969 APR 10 200'1, LOCATION: SW intersection of NE 4th and Lyons Ave. NE SITE AREA: 23,087 SF I BUILDING AREA(gross): N/A BUILDING DIVISION SUMMARY OF PROPOSAL: The applicant has requested a three lot short plat located at the southwest corner of NE 4th Street and Lyons Avenue NE (within the Morgan Place development). The subject site is located in the Residential - 5 (R-5) zoning designation and the Residential Rural Comprehensive Plan Land Use Designation. Access to the lots is proposed from Lyons Avenue NE. Lot 1 is proposed to be 7,308 square feet, Lot 2 is proposed to be 7,326 square feet and Lot 3 is proposed to be 8,466 square feet. A. ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic./Cultural Natural Resources _ Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas w -re additional infor tion is needed to properly assess this proposal. 4—f Sign re of Director o uthorized Representative Date Routing Rev.10/93 City of 17 .,..,n Department of Planning/Building/Public cs ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: SURFACE WASTEWATER COMMENTS DUE: APRIL 24, 2002 APPLICATION NO: LUA-02-039, SHPL-A DATE CIRCULATED: APRIL 10,2002 APPLICANT: Abney Revard, Inc. PROJECT MANAGER: Jason E.Jordan PROJECT TITLE: Morgan Place II WORK ORDER NO: 78969 RECEIVED T N LOCATION: SW intersection of NE 4th and Lyons Ave. NE SITE AREA: 23,087 SF I BUILDING AREA(gross): N/A APR 0 9 2902 SUMMARY OF PROPOSAL: The applicant has requested a three lot short plat located at the southwesggjr I4th n Street and Lyons Avenue NE (within the Morgan Place develo ment). The subject site is located in the R'6"� $DN (R-5) zoning designationand the Residential Rural Comprehensive Plan Land Use Designation. Access to the lots is proposed from Lyons Avenue NE. Lot 1 is proposed to be 7,308 square feet, Lot 2 is proposed to be 7,326 square feet and Lot 3 is proposed to be 8,466 square feet. A. ENVIRONMENTAL IMPACT(e.g. Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water LightGlare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas w re additional informatio is needed to properly assess this proposal. Si ture of Director or u orized Representative Date Rout g Rev.10/93 City of Ri ....,.i Department of Planning/Building/Public .. ..cs ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: FIRE PREVENTION COMMENTS DUE: APRIL 24, 2002 APPLICATION NO: LUA-02-039, SHPL-A DATE CIRCULATED: APRIL 10,f2002 APPLICANT: Abney Revard, Inc. PROJECT MANAGER: Jason E.Jorda `� ll 0 �' I,�� PROJECT TITLE: Morgan Place II WORK ORDER NO: 78969 11)1 LOCATION: SW intersection of NE 4th and Lyons Ave. NE APR 1 0 SITE AREA: 23,087 SF I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant has requested a three lot short plat located at the outhwesf corner of NE 4th Street and Lyons Avenue NE (within the Morgan Place development). The subject site is located in tfi�Residential -5-- (R-5) zoning designation and the Residential Rural Comprehensive Plan Land se Designation. Access to the lots is proposed from Lyons Avenue NE. Lot 1 is proposed to be 7,308 square feet, Lot 2 is proposed to be 7,326 square feet and Lot 3 is proposed to be 8,466 square feet. A. ENVIRONMENTAL IMPACT(e.g. Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics _ Water Light/Glare Plants Recreation Land/Shoreline Use Utilities _ Animals Transportation Environmental Health Public Services _ Energy/ Historic./Cultural Natural Resources Preservation _ Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS ir.444 C. CODE-RELATED COMMENTS $c ia)W1 0104e 1.S We have review this applicatio ith particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where add tonal informatio needed to properly assess this proposal. 61/144,10 /7 Signature df Dir ctor or Authorized Repr entative Date Routing Rev.10/93 ti O CITY OF RENTON \NTre FIRE PREVENTION BUREAU MEMORANDUM DATE: April 10, 2002 TO: Jason Jordan, Planner FROM: Jim Gray, Assistant Fire Marshal I SUBJECT: Morgan Place II, Short Plat, NE 4 & Lyons Av NE MITIGATION ITEMS; 1. A fire mitigation fee of$488.00 is required for all new single-family structures. FIRE CODE REQUIREMENTS: 1. A fire hydrant with 1000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3600 square feet in area, the minimum fire flow increases to 1500 GPM and requires two hydrants within 300 feet of the structures. Please feel free to contact me if you have any questions. 01Y O�� -Nrv0 NOTICE OF APPLICATION A Master Application has been filed and accepted with the Development Services Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NUMBER/NAME: LUA-02-039,SHPL-A / MORGAN PLACE II PROJECT DESCRIPTION: The applicant has requested a three lot short plat located at the southwest corner of NE 4th Street and Lyons Avenue NE (within the Morgan Place development). The subject site is located in the Residential-5(R-5)zoning designation and the Residential Rural Comprehensive Plan Land Use Designation. Access to the lots is proposed from Lyons Avenue NE. Lot 1 is proposed to be 7,308 square feet, Lot 2 is proposed to be 7,326 square feet and Lot 3 is proposed to be 8,466 square feet. PROJECT LOCATION: SW intersection of NE 4th and Lyons Avenue NE PUBLIC APPROVALS: Administrative Site Plan Approval Comments on the above application must be submitted in writing to Jason E. Jordan, Project Manager, Development Services Division, 1055 South Grady Way,Renton,WA 98055,by 5:00 PM on April 24,2002 If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manaager at(425)430-7219. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. IPLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: April 2,2002 NOTICE OF COMPLETE APPLICATION: April 10,2002 DATE OF NOTICE OF APPLICATION: April 10,2002 Efa t�4TH ST. 7- If ireiril n . {k1.T/ i::; I1m FJ: ' I. 1. III*Z--(2- 1\ r-� ® ap Q g i • i 1 p __ O N4 .O Tram ,��7 i 4 ^ 10.75 (unaif _ W • " 1 i: . 3 " 1 NE JRD bT (IDS IO • e If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton,Development Planning, 1055 South Grady Way,Renton,WA 98055. File No./Name: LUA-02-039,SHPL-A—Morgan Place II NAME: ADDRESS: TELEPHONE NO.: NOTICE OF APPLICATION • CERTIFICATION I, E 14 zzilo . Ock-wc ((hereby certify that 3 copies of the above document were posted by mei in .5 conspicuous places on or nearby the described property on kell I L 0 TrOOZ Signed: 9 61* ATTEST: u sc ib d me,a Notary Public,in an for tA St of Washi %m ,on the `4. day of 0 NOTAR UBLIC STATE OF WASHINGTON ; MARILYN KAMCHEFF f COMMISSION EXPIRES ` MY APPOINTMENT EXPIRES:6-29-03 JUNE 29, 2003 • City of R1 -1 Department of Planning/Building/Public cs ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:COMMUNITY SERVICES/PARKS COMMENTS DUE: APRIL 24, 2002 O APPLICATION NO: LUA-02-039, SHPL-A DATE CIRCULATED: APRIL 10,2002 c-< 7C APPLICANT: Abney Revard, Inc. PROJECT MANAGER: Jason E.Jordan =i- m <x to PROJECT TITLE: Morgan Place II WORK ORDER NO: 78969 o m LOCATION: SW intersection of NE 4th and Lyons Ave. NE n Z N o SITE AREA: 23,087 SF I BUILDING AREA(gross): N/A N SUMMARY OF PROPOSAL: The applicant has requested a three lot short plat located at the southwest corner of NE 4th Street and Lyons Avenue NE (within the Morgan Place development). The subject site is located in the Residential - 5 (R-5) zoning designation and the Residential-Rural Comprehensive Plan Land Use Designation. Access to the lots is proposed from Lyons Avenue NE. Lot 1 is proposed to be 7,308 square feet, Lot 2 is proposed to be 7,326 square feet and Lot 3 is proposed to be 8,466 square feet. A. ENVIRONMENTAL IMPACT(e.g. Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing • - Air _ Aesthetics Water Light/Glare Plants Recreation- Land/Shoreline Use Utilities Animals _ Transportation - _ Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet 5e__e_ Cal r e,r 1 V C-/ / B. POLICY-RELATED COMMENTS LikAt Cvue ,u) (Azvyuico fo eez)ito C. CODE-RELATED COMMENTS --711)/1, CiA'e- 0'0 A AIV)06 ) 4 /C' . We have reviewed this application i h particular attention to those areas in which we have expertise and have identified areas of probable impact or areas wher additional inform tion needed to prop rly assess this proposal. Signature o Director or t o ize Representative Date Routing Rev.10/93 A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS "It is anticipated that the proposed development would generate future residents that would utilize existing City park and recreation facilities and programs. The City has adopted a Parks Mitigation Fee of $530.76 per each new single family lot to address these potential impacts." City of R n Department of Planning/Building/Public .i ks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: CONSTRUCTION SVCS COMMENTS DUE: APRIL 24, 2002 APPLICATION NO: LUA-02-039, SHPL-A DATE CIRCULATED: APRIL 10,2002 APPLICANT: Abney Revard, Inc. PROJECT MANAGER: Jason E.Jordan PROJECT TITLE: Morgan Place II WORK ORDER NO: 78969 LOCATION: SW intersection of NE 4th and Lyons Ave. NE RECEIVE D SITE AREA: 23,087 SF I BUILDING AREA(gross): N/A APR 11 SUMMARY OF PROPOSAL: The applicant has requested a three lot short plat located at the southwest corner of F E426102 Street and Lyons Avenue NE (within the Morgan Place development). The subject site is located in the sidential - 5 (R-5) zoning designation and the Residential-Rural Comprehensive Plan Land Use Designation. AccesMithWeteialliON proposed from Lyons Avenue NE. Lot 1 is proposed to be 7,308 square feet, Lot 2 is proposed to be 7,326 square fee and Lot 3 is proposed to be 8,466 square feet. A. ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Presentation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS �v%t/6 C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where rtional information is needed to operly assess this proposal. /44/. # '1703/ Sign re of Director or thorized Representative Date Routing Rev.10/93 CITY OF RENTON DEVELOPMENT SERVICES DIVISION LIST OF SURROUNDING PROPERTY OWNERS wit 0 300 feet:of the subject site PROJECT NAME: P'I t.)Q- J P L4 C E-7 -a- APPLICATION NO: % - `)P P t" The following is a list of property owners within 300 feet of the subject site. The Development Services Division will notify these individuals of the proposed development. NAME ADDRESS ASSESSOR'S PARCEL SEE Art P1/4c4,41 NUMBER 1aSa9�� C." CITY OF REN_.ON • DEVE v ' - ._ CI iY OF htN UP:i f1� +4 (Attach additional sheets, if necessary) • (Continued) NAME ADDRESS ASSESSOR'S PARCEL NUMBER � �`1� Applicant Certification I,_f`( L_ 94}VU ` , hereby certify that the above list(s) of adjacent property (Print Name) '�..�NAN%%%% owners and their addresses were obtained from: +_ FER STF, 'i,' G ltx Title Company Records �.�;= o" ° ,, ' O King County Assessors Records > = \� ; O ae� •• i Signed I; ..-,�- Date V'Zt-)/`'-a— ',, � :" ,� (APP—'llcant) ',� s 9�o�: p (. iliI,TfOFWP`'�� _ NOTARY �'‘N ATTESTED: Subscribed and sworn before me, a Notary Public, in and for the State of Washington, residing at T'\On( on the ,-jit,. day of i'Y14Aid , 20 . Signed -P�I1,/ (Notary Pub c) ***For City of Renton Use n .:MARILYN r i F CERTIFICATION OF MAI 1. 1'AF #A$ 1I0': I o I, " 0,',:" _!‘ 1'-, hereby certify that notices of the pr ®�,� a I �I te d' (City Employee) TU E 29,.2043 each listed property owner on 4 t,C'\C Signed `';;� , , t.„ ,t f_ Date. ... NOTARY ATT T: Subscribed and sworn before me, a Notary Public, in and for the State of Washington residing a 'r ' on the ' day of( f% , 1` ,2O 2` Signed : / `": ff Z _ lister .doc MARILYN UKAM HEFF REV 3/00 MY APPOINTMENT EXPIRES:6-29-03 2 # * - MetroScan / King : * Owner :Bales Lp;Bales Managemer__ _'rust Parcel :084710 0019 04 Site :5409 NE 4Th St Renton 98059 Sale Date :07/21/1998 Mail : 13427 156Th Ave SE Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$135, 000 Lgl :LOT 2 BLACK LOAM FIVE-ACRE TRS N Q:NE S: 15 T:23N R:05E Bedrm: 3 Bth F3H: 1/ / Stories:1 BldgSF: 1, 010 Ac: .22 YB: 1966 Ph: # 2 * MetroScan / King * Owner :Do Quang T/Chung Phung K Parcel # :084710 0020 01 Site : 14419 SE 128Th St Renton 98059 Sale Date :07/15/1994 Mail : 14419 SE 128Th St Renton Wa 98059 Sale Price :$128, 000 Full Use :300 Vacant,Residential Asd.V :$58, 000 Lgl :LOT 2 BLACK LOAM FIVE-ACRE TRS E Q:NE S: 15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac: .23 YB: Ph: # 3 * MetroScan / King Owner :Bales Lp;Bales Management Trust Parcel # :084710 0021 00 Site :*No Site Address* Sale Date :07/21/1998 Mail :13427 156Th Ave SE Renton Wa 98059 Sale Price . Use :300 Vacant,Residential Asd.V :$69,000 Lgl :LOT 2 BLACK LOAM FIVE-ACRE TRS W Q:NE S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac: .58 YB: Ph: # 4 * MetroScan / King Owner :Do Quang T/Chung Phung K Parcel # :084710 0022 09 Site :5415 NE 4Th St Renton 98059 Sale Date :07/15/1994 Mail :5415 NE 4Th St Renton Wa 98059 Sale Price :$128,000 Full Use :002 Res,Single Family Residence Asd.V :$150,000 Lgl :LOT 2 BLACK LOAM FIVE-ACRE TRS NE Q:NE S:15 T:23N R:05E Bedrm:3 Bth F3H:1/ / Stories: 1 BldgSF:2, 320 Ac: .27 YB: 1947 Ph: # 5 * MetroScan / King * Owner :Bales Lp;Bales Management Trust Parcel # :084710 0023 08 Site :*No Site Address* Sale Date :07/21/1998 Mail : 13427 156Th Ave SE Renton Wa 98059 Sale Price . Use :300 Vacant,Residential Asd.V :$69,000 Lgl :LOT 2 BLACK LOAM FIVE-ACRE TRS SE Q:NE S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac: .54 YB: Ph: # 6 * MetroScan / King * Owner :Stone Charles E Parcel # :084710 0024 07 Site :5403 NE 4Th St Renton 98059 Sale Date : 11/20/2000 Mail :17407 SE Jones Rd Renton Wa 98058 Sale Price :$107,000 Full Use :002 Res,Single Family Residence Asd.V :$139, 000 Lgl :LOT 2 BLACK LOAM FIVE-ACRE TRS N Q:NE S:15 T:23N R:05E Bedrm:3 Bth F3H:1/ / Stories:1 BldgSF:1, 350 Ac: .24 YB:1943 Ph:425-235-7231 # 7 * MetroScan / King * Owner :Conner Homes Co Parcel # :084710 0025 06 Site : 12832 144Th Ave SE Renton 98059 Sale Date :09/05/2001 Mail :846 108Th Ave SE #202 Bellevue Wa 98004 Sale Price :$616, 000 Use :002 Res,Single Family Residence Asd.V :$230,000 Lgl :LOT 3 BLACK LOAM FIVE-ACRE TRS Q:NE S:15 T:23N R:05E Bedrm:3 Bth F3H:1/ / Stories: 1.5 B1dgSF: 1, 540 Ac:4.33 YB: 1938 Ph: # 8 * ▪ MetroScan / King Owner :Spoon Janice M Parcel # :084710 0040 07 Site :*No Site Address* Sale Date :02/06/2001 Mail :16701 SE May Valley Rd Renton Wa 98059 Sale Price . Use :300 Vacant,Residential Asd.V :$109,000 Lgl :LOT 5 BLACK LOAM FIVE-ACRE TRS E Q:NE S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac:1.77 YB: Ph:425-228-3402 # 9 * ▪ MetroScan / King * Owner :Blake Lawrence E Parcel # :084710 0041 06 Site :*No Site Address* Sale Date . Mail :750 Royal Crest Cir #455 Las Vegas Nv 89109 Sale Price . Use :300 Vacant,Residential Asd.V :$95, 000 Lgl :LOT 5 & 8 BLACK LOAM FIVE-ACRE TRS Q:NE S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac:1.77 av_, Ph: 130470/.14 Information compiled from various sources.Real Estate Solutions makes no representat . r t,j '. ; or warranties as to the accuracy or completeness of information contained in this report. # 10 * MetroScan / King - * Owner :Weyer Clarence W Parcel :084710 0042 05 Site : *No Site Address* Sale Date :02/26/1982 Mail : 14602 SE 132Nd St Renton Wa 98059 Sale Price . Use : 300 Vacant,Residential Asd.V :$116, 000 Lgl :LOT 5 BLACK LOAM FIVE-ACRE TRS Q:NE S:15 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac:2. 16 YB: Ph:425-226-5477 # 11 * MetroScan / King * Owner :Weyer Clarence W;Loken Denise M Parcel # :084710 0045 02 Site : 13016 144Th Ave SE Renton 98059 Sale Date :08/29/1996 Mail :250 Jericho Ave NE Renton Wa 98059 Sale Price :$175, 000 Full Use : 002 Res,Single Family Residence Asd.V :$243, 000 Lgl :LOT 6 BLACK LOAM FIVE ACRE TRS Q:NE S: 15 T:23N R:05E Bedrm:3 Bth F3H: 1/ / Stories: 1.5 BldgSF: 1, 740 Ac:4. 33 YB:1948 Ph: # 12 * MetroScan / King * Owner :Koch John E & Patricia D Parcel # :102305 9038 03 Site :12605 148Th Ave SE Renton 98059 Sale Date :07/31/1984 Mail : 12605 148Th Ave SE Renton Wa 98059 Sale Price :$67,000 Use :002 Res,Single Family Residence Asd.V :$164,000 Lgl :STR 102305 TAXLOT 38 N 107 FT OF S Q:SE S:10 T:23N R:05E Bedrm:4 Bth F3H:1/ / Stories:1.5 BldgSF:1, 800 Ac: .29 YB:1936 Ph: # 13 * MetroScan / King * Owner :Shamrock Highlands Llc Parcel # :102305 9040 09 Site :*No Site Address* Sale Date :10/09/2001 • Mail :9720 NE 120Th P1 #100 Kirkland Wa 98034 Sale Price :$1,500, 000 Use :300 Vacant,Residential Asd.V :$151,000 Lgl :STR 102305 TAXLOT 40 E 1/2 OF SW Q:SE S: 10 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac:4.52 YB: Ph: # 14 * MetroScan / King * Owner :Lai Man-Ling Parcel # :102305 9069 05 Site :*No Site Address* Sale Date :06/23/1999 Mail :12841 Lunada P1 San Diego Ca 92128 Sale Price :$80, 000 Use :300 Vacant,Residential Asd.V :$116,000 Lgl :STR 102305 TAXLOT 69 S 1/2 OF NW Q:SE S:10 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac:2.98 YB: Ph:858-565-0324 # 15 * MetroScan / King * Owner :Hoague Robert L Parcel # :102305 9192 05 Site :431 Nile Ave NE Renton 98059 Sale Date . Mail :431 Nile Ave NE Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$175,000 Lgl :STR 102305 TAXLOT 192 N 90 FT OF S Q:SE S:10 T:23N R:05E Bedrm:3 Bth F3H:1/ /1 Stories:1 B1dgSF:1, 570 Ac: .25 YB:1959 Ph:425-255-2197 # 16 * MetroScan / King * Owner :Whitlock Ted P Parcel # :102305 9193 04 Site :421 Nile Ave NE Renton 98059 Sale Date . Mail :421 Nile Ave NE Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$170,000 Lgl :STR 102305 TAXLOT 193 N 90 FT OF S Q:SE S:10 T:23N R:05E Bedrm:3 Bth F3H:1/ /1 Stories:1 BldgSF:1, 560 Ac: .25 YB:1959 Ph: # 17 * MetroScan / King * Owner :Mcevoy Al B/Sally G Parcel # :102305 9206 09 Site :5640 NE 4Th St Renton 98059 Sale Date :05/29/1998 Mail : 18321 SE 147Th P1 Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$126, 000 Lgl :STR 102305 TAXLOT 206 E 150.01 FT Q:SE S:10 T:23N R:05E Bedrm:3 Bth F3H:1/ / Stories:1 BldgSF:1, 920 Ac: .47 YB:1920 Ph: # 18 * : MetroScan / King : * Owner :Pincombe Robert S/Donna M Parcel # :102305 9219 04 Site :451 Nile Ave NE Renton 98059 Sale Date :03/16/1998 Mail :451 Nile Ave NE Renton Wa 98059 Sale Price :$172, 500 Full Use :002 Res,Single Family Residence Asd.V :$187,000 Lgl :STR 102305 TAXLOT 219 N 90 FT OF S Q:SE S:10 T:23N R:05E Bedrm:3 Bth F3H:1/ / Stories:1 BldgSF:1, 550 Ac: .25 YB:1958 Ph: Information compiled from various sources.Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. # 19 * MetroScan / King - * Owner :Shamrock Highlands Lic Parcel „ : 102305 9304 00 - Site : *No Site Address* Sale Date : 10/09/2001 Mail : 9720 NE 120Th P1 #100 Kirkland Wa 98034 Sale Price :$1, 500, 000 Use :300 Vacant,Residential Asd.V :$63,000 Lgl :STR 102305 TAXLOT 304 E 100 FT OF Q:SE S:10 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac: .25 YB: Ph: # 20 * MetroScan / King Owner :Ebbert David M Parcel # :102305 9316 06 Site :459 Nile Ave NE Renton 98059 Sale Date . Mail :459 Nile Ave NE Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$180, 000 Lgl :STR 102305 TAXLOT 316 E 150 FT OF Q:SE S: 10 T:23N R:05E Bedrm: 3 Bth F3H:1/ /1 Stories: 1 B1dgSF:1, 300 Ac: .25 YB:1966 Ph:425-277-1938 # 21 * MetroScan / King * Owner :Reed Lawrence A Parcel # : 102305 9320 00 Site : 465 Nile Ave NE Renton 98059 Sale Date . Mail :465 Nile Ave NE Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$173,000 Lgl :STR 102305 TAXLOT 320 N 89.3 FT OF Q:SE S: 10 T:23N R:05E Bedrm:3 Bth F3H:1/ /1 Stories: 1 BldgSF:1, 300 Ac: .25 YB:1966 Ph:425-226-9310 # 22 * MetroScan / King * Owner :Rawson Raymond L Parcel # :102305 9341 05 Site : 12609 148Th Ave SE Renton 98059 Sale Date :11/03/1993 Mail : 12609 148Th Ave SE Renton Wa 98059 Sale Price :$147, 475 Use :002 Res,Single Family Residence Asd.V :$208, 000 Lgl :STR 102305 TAXLOT 341 S 196 FT OF Q:SE S:10 T:23N R:05E Bedrm:3 Bth F3H:2/ / Stories:1 BldgSF:1, 490 Ac: .25 YB:1993 Ph: # 23 * MetroScan / King * Owner :Kelly Bryant K S/Nuiko K Parcel # :102305 9355 08 Site :12509 148Th Ave Se Sale Date :05/24/2000 Mail :12601 148Th Ave SE Renton Wa 98059 Sale Price :$187,000 Full Use :008 Res,Mobile Home Asd.V :$135,000 Lgl :STR 102305 TAXLOT 355 E 150 FT OF Q:SE S:10 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac: .28 YB: Ph:425-271-8676 # 24 * MetroScan / King * Owner :Martin Kenneth A Parcel # :102305 9383 04 Site :12439 148Th Ave SE Renton 98059 Sale Date :05/13/1986 Mail : 12439 148Th Ave SE Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$315,000 Lgl :STR 102305 TAXLOT 383 S 1/2 OF NE Q:SE S:10 T:23N R:05E Bedrm:3 Bth F3H:2/ /1 Stories:1 BldgSF:2, 360 Ac:3.69 YB:1969 Ph:425-235-6519 # 25 * MetroScan / King * Owner :Shamrock Highlands Lic Parcel # :102305 9384 03 Site : 12435 148Th Ave SE Renton 98059 Sale Date :10/09/2001 Mail :9720 NE 120Th P1 #100 Kirkland Wa 98034 Sale Price :$2, 600,000 Use :002 Res,Single Family Residence Asd.V :$303,000 Lgl :STR 102305 TAXLOT 384 POR S 1/2 OF Q:SE S:10 T:23N R:05E Bedrm:4 Bth F3H:1/1 / Stories:1 BldgSF:2, 350 Ac:2.00 YB:1958 Ph: # 26 * MetroScan / King * Owner :Morgan Court Investors L L C Parcel # :112305 9015 09 Site :5715 NE 4Th P1 Renton 98059 Sale Date :06/04/2001 Mail : 9375 SW Commerce Cir #7 Wilsonville Or 97070 Sale Price :$210, 000 Use :300 Vacant,Residential Asd.V :$109, 000 Lgl :STR 112305 TAXLOT 15 SW 1/4 OF SW Q:SW S:11 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac:1.96 YB: Ph: # 27 * MetroScan / King : * Owner :Olding Terry L Parcel # :112305 9017 07 Site :466 Nile Ave NE Renton 98059 Sale Date :01/28/1991 Mail :466 Nile Ave NE Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$165, 000 Lgl :STR 112305 TAXLOT 17 NW 1/4 OF SW Q:SW S:11 T:23N R:05E Bedrm:2 Bth F3H:1/ / Stories:1 BldgSF:1, 330 Ac: .70 YB:1930 Ph: Information compiled from various sources.Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. # •28• * MetroScan / King : * Owner :Scott Sharon Elizabeth Parcel n : 112305 9031 09 Site : 12610 148Th Ave SE Renton 98059 Sale Date :04/19/1985 Mail : 12610 148Th Ave SE Renton Wa 98059 Sale Price . Use :002 Res,Single Family Residence Asd.V :$259, 000 Lgl :STR 112305 TAXLOT 31 S 1/2 OF S Q:SW S: 11 T:23N R:05E Bedrm:3 Bth F3H: 1/ / Stories:1 B1dgSF:2, 490 Ac:2.36 YB:1957 Ph: # 29 * MetroScan / King * Owner :Lundberg Mark H/Monica A Parcel # : 112305 9093 04 Site :5710 NE 4Th P1 Renton 98059 Sale Date : 10/16/2001 Mail : 19025 92Nd Ave W Edmonds Wa 98020 Sale Price :$210, 000 Use :300 Vacant,Residential Asd.V :$134, 000 Lgl :STR 112305 TAXLOT 93 S 227 FT OF Q:SW S: 11 T:23N R:05E Bedrm: Bth F3H: / / Stories: B1dgSF: Ac: 1.55 YB: Ph: # 30 * MetroScan / King * Owner :Pacific Huts/Castles Inc Parcel # : 142305 9016 05 Site :148Th Ave SE Renton 98059 Sale Date : 10/20/2000 Mail :22526 SE 64Th P1 #240 Issaquah Wa 98027 Sale Price :$915, 000 Full Use :300 Vacant,Residential Asd.V :$138,000 Lgl :STR 142305 TAXLOT 16 N 500 FT OF W Q:NW S:14 T:23N R:05E Bedrm: Bth F3H: / / Stories: BldgSF: Ac:4.21 YB: Ph: # 31 * MetroScan / King * Owner :Finer Homes Inc Parcel # :142305 9017 04 Site :*No Site Address* Sale Date . Mail :1215 120Th Ave NE #201 Bellevue Wa 98005 Sale Price . Use :300 Vacant,Residential Asd.V :$688,000 Lgl :STR 142305 TAXLOT 17 W 1/2 OF W Q:NW S: 14 T:23N R:05E Bedrm: Bth F3H: / / Stories: B1dgSF: Ac:29.62 YB: Ph: # 32 * MetroScan / King * Owner :Hohlbein Erik F/Michelle L Parcel # :273920 0071 04 Site :12438 148Th Ave SE Renton 98059 Sale Date :03/14/2000 Mail :12438 148Th Ave SE Renton Wa 98059 Sale Price :$212, 900 Full Use :002 Res,Single Family Residence Asd.V :$177,000 Lgl :BLK 1 LOT 7 GERBERS ADD TO RENTON Q:SW S:11 T:23N R:05E Bedrm:4 Bth F3H:1/1 / Stories:1 BldgSF: 1, 940 Ac: .22 YB:1963 Ph:425-226-1615 # 33 * MetroScan / King :--- * Owner :Bielka Ronald G Parcel # :273920 0080 03 Site :12444 148Th Ave SE Renton 98059 Sale Date :10/14/1993 Mail :18419 SE 122Nd St Issaquah Wa 98027 Sale Price :$121,500 Full Use :002 Res,Single Family Residence Asd.V :$164,000 Lgl :BLK 1 LOT 8 GERBERS ADD TO RENTON Q:SW S:11 T:23N R:05E Bedrm:3 Bth F3H:1/ /1 Stories:1 B1dgSF: 1, 270 Ac: .22 YB:1959 Ph:425-226-2226 Information compiled from various sources.Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. 4 CERTIFICATION I, etizz.i9e.41 Cc- i/hereby certify that 3 copies of the above document were posted by mc in 3 conspicuous places on or nearby the described property on Aril I 1012662 . Signed:`q j c _ ea,,,,,14 ATTEST:Suksctb d • .• • . : nfe me,a Notary Public,in an for St of Washi tim/i yqg ,ii_!+.�•..�.. ' %�,on the S` day of Le p c DOS NOTAR UBLIC ; 4 STATE OF WASHINGTON MARILYN KAMCHEFF COMMISSION EXPIRES MY APPOINTMENT EXPIRES:6-29-03 JUNE 29, 2003 O� ♦ � 'e‘NTL) NOTICE OF APPLICATION A Master Application has been flied and accepted with the Development Services Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NUMBER/NAME: LUA-02-039,SHPL-A / MORGAN PLACE II PROJECT DESCRIPTION: The applicant has requested a three lot short plat located at the southwest corner of NE 4th Street and Lyons Avenue NE (within the Morgan Place development). The subject site is located in the Residential-5(R-5)zoning designation and the Residential Rural Comprehensive Plan Land Use Designation. Access to the lots is proposed from Lyons Avenue NE. Lot 1 is proposed to be 7,308 square feet, Lot 2 is proposed to be 7,326 square feet and Lot 3 is proposed to be 8,466 square feet. PROJECT LOCATION: SW intersection of NE 41h and Lyons Avenue NE PUBLIC APPROVALS: Administrative Site Plan Approval Comments on the above application must be submitted in writing to Jason E. Jordan, Project Manager, Development Services Division, 1055 South Grady Way, Renton,WA 98055,by 5:00 PM on April 24,2002 If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manaager at(425)430-7219. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: April 2,2002 NOTICE OF COMPLETE APPLICATION: April 10,2002 DATE OF NOTICE OF APPLICATION: April 10,2002 iff 4TH Eattina ST. RD. sol l.a(W,.�el CwS t' ( q ' So r « ' � tl d • MOMS nn w n 7 G �I 1 tots 1 Y sic. V( 3 O�� NE 3R0 BT -- (11U1) I 2 If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton,Development Planning,1055 South Grady Way,Renton,WA 98055. File No./Name: LUA-02-039,SHPL-A—Morgan Place II NAME: ADDRESS: TELEPHONE NO.: NOTICE OF APPLICATION " Cof NOTICE OF APPLICATION A Master Application has been filed and accepted with the Development Services Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NUMBER/NAME: LUA-02-039,SHPL-A / MORGAN PLACE II PROJECT DESCRIPTION: The applicant has requested a three lot short plat located at the southwest corner of NE 4th Street and Lyons Avenue NE (within the Morgan Place development). The subject site is located in the Residential-5(R-5)zoning designation and the Residential Rural Comprehensive Plan Land Use Designation. Access to the lots is proposed from Lyons Avenue NE. Lot 1 is proposed to be 7,308 square feet, Lot 2 is proposed to be 7,326 square feet and Lot 3 is proposed to be 8,466 square feet. PROJECT LOCATION: SW intersection of NE 4'h and Lyons Avenue NE PUBLIC APPROVALS: Administrative Site Plan Approval Comments on the above application must be submitted in writing to Jason E. Jordan, Project Manager, Development Services Division, 1055 South Grady Way,Renton,WA 98055,by 5:00 PM on April 24,2002 If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manaager at(425)430-7219. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: April 2,2002 NOTICE OF COMPLETE APPLICATION: April 10,2002 DATE OF NOTICE OF APPLICATION: April 10,2002 _—.- ti 6 H '$O 4TH ST. ac:::wD:a1:::30•.::a.•:• :::s:::.w..f • ..-ag p••ac:-a:• � •u �j!'s • It . i ..i' 1. ® $ O d i.. 2 0 IIfO.us b b n ® 94 O ® O O11470111 w O. ` S?( a: 3 r g ,. i i5 1 "® J uc. C I Qs ` NE 3RD 8T (533.43) ,. I I. f i f i If you would like to be made a party of record to receive further information on this proposed project,complete this form and return to: City of Renton, Development Planning,1055 South Grady Way,Renton,WA 98055. File No./Name: LUA-02-039,SHPL-A—Morgan Place II NAME: ADDRESS: TELEPHONE NO.: NOTICE OF APPLICATION CITY RENTON soil " ` Planning/Building/PublicWorks Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator April 10, 2002 Ms. Jennifer Steig, P.E. Peterson Consulting Engineers 4030 Lake Washington Blvd., Suite 200 Kirkland, WA 98033 SUBJECT: Morgan Place II Project No. LUA-02-039,SHPL-A Dear Ms. Steig: 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)430-7219, if you have any questions. Sinc , Jason .Jordan Associate Planner cc: Abney Revard, Inc./Owners acceptance RENTON 1055 South Grad Way-Renton,Washington 98055 AHEAD OF THE CURVE This paper contains 50%recycled material,30%post consumer I, ® CITY uF RENTON ..u. Q, Planning/Building/PublicWorks Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator April 10,2002 Superintendent's Office Renton School District#403 300 SW 7th Street Renton, WA 98055-2307 Subject: Morgan Place II LUA-02-039,SHPL-A The City of Renton Development Services Division has received an application for a three lot short plat. The property is located at the 1600 block of Newport Ave. NE. Please refer to the enclosed Notice of Application for complete details regarding this proposed project. In order to process this application, the Development Services Division needs to know which Renton schools would be attended by children living in residences at the location indicated above. Would you please fill in the appropriate schools on the list below and return this letter to my attention, Development Services Division, City of Renton, 1055 South Grady Way, Renton,Washington 98055. Elementary School: Middle School: High School: Will the schools you have indicated be able to handle the impact of the additional students estimated to come from the proposed development? Yes No Any Comments: Thank you for providing this important information. If you have any questions regarding this project, please contact me at (425) 430-7219. Sincere) , i -.L Jason E.Jordan Associate Planner 1055 South Grady Way-Renton,Washington 98055 RENTON rti: _: cnw_ a w onoc AHEAD OF THE CURVE CITY OF RENTON DEVELOPMENT SERVICES DIVISION LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION Note: If there is more than one legal owner, please attach an additional notarized Master Application for each owner. PROJECT OR DEVELOPMENT NAME: NAME: AP,,t•WE 1 EVA2D 1�1� CA0+414ct`4 PL IC..v- It PROPERTY/PROJECT ADDRESS(S)/LOCATION: ADDRESS: cv5'icj S1nl C.t„MME12GE Gt2Clf, 3bS d 'I L.`"toN%s A`1Gc 1JE 6trt.tTE�l CITY: ZIP: 0l7 O—ib KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): W ll SofaV� �,o¢ 5(o3•12 O - oZt 0 - 02.20 TELEPHONE NUMBER: C4b',5) SS 23 EXISTING LAND USE(S): S t N(C1t.E FAAA.tI`�I 1e5�7. — APPLICANT (if other than owner) PROPOSED LAND USES: 1 at.1 C%J c.,ek. NAME: COMPANY (if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: SI!. hLE f•A►v.1I-`'1 DEVEI OPMEN1"i Aiyi sivi; CITY OF RENTON ADDRESS: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable). 1sfA CITY: ZIP: RECEIVED EXISTING ZONING: a, TELEPHONE NUMBER: PROPOSED ZONING (if applicable): f.,1 1A CONTACT PERSON SITE AREA (SQ. FT. OR ACREAGE): NAME: 3E`NN SMAG ► PAS • COMPANY lif applicable): �t2So►J CoISt.t.t_'�1f-1C� PROJECT VALUE: 'I r4 t EE es N 3(oC7►Cc[_, ADDRESS: Qv 30 LA,,C LVAShlf .4co—Of4 IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? Su-t TE. 20o I.10 • CITY: KkRm_LA,ab, t,J/s„, ZIP: at'Qj033 IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY SENSITIVE AREA? TELEPHONE NUMBER and E-MAIL ADDRESS: N)0 CA2S '671 .5$14- 3sretCI@PCCCWtL LEGAL DESCRIPTI( OF PROPERTY (Attach separate Set if necessary) LEGAL DESCRIPTION: LOTS 21 AND 22 OF THE PLAT OF MORGAN PLACE AS RECORDED IN VOL. 205 OF PLATS, AT PAGES 68-77, UNDER RECORDING NO. 200220228001891, RECORDS OF KING COUNTY WASHINGTON; TOGETHER WITH THAT POR770N OF LYONS AVE VACA7ED UNDER CITY OF RENTON ORDINANCE NO. 495a TYPE OF APPLICATION & FEES Check all application types that apply--City staff will 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 $ _ FINAL PLAT $ _ GRADE & FILL PERMIT $ (NO. CU. YDS: ) PLANNED UNIT DEVELOPMENT: $ VARIANCE $ (FROM SECTION: ) _ 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 5 AFFIDAVIT OF OWNERSHIP I, (Print Name) 1Y&Y\1L (Z-ev4 vcl , declare that I am (please check one) the owner of the property involved in this p,plication, _the authorized representative to act for the property owner (please attach proof of authorization), and that the foregoing.then ts'a\enswers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledg . ru011 dO3 li ATTEST: Subscribed and sworn�o befcfre rQt a ry(?ublic,in and h 1iL QQ 0A/a for the State of v\Gt- resi?ing aty Q$ = (Name of O ner/Representative) f (iY .- , on)he ?-$ a at'crh 200Z. NOWy�fj� h (Signat e o /Representative) t (Signature of otary Pu I c) (This section to be completed by City Staff.) City File Number: A AAD BSP CAP-S CAP-U CPA CU-A CU-H ECF LLA MHP FPUD FP PP R RVMP SA-A SA-H SHPL-A SHPL-H SP SM SME TP V-A ''' V-B V-H W TOTAL FEES: $ TOTAL POSTAGE PROVIDED: $ MASTERAP.DOC REVISED 03/00 pp ETERSON C CONSULTING ENGINEERS MORGAN PLACE II PROJECT NARRATIVE March 29, 2002 Morgan Place II is a 3-lot short plat of Lots 21 and 22 of Morgan Place, which are located in the southwesterly corner of the intersection of NE 4th Street and Lyons Avenue NE. The short plat is proposed so that the applicant may regain a lot lost due to roadway dedication. When Morgan Place was submitted in February of 2001, the preliminary plat included 47 lots which were based on obtaining vacation of the east half of the existing Lyons Avenue NE. During the hearing portion of the preliminary plat process it was determined that Section 9-14-9 of RMC prohibits a hearing on a subdivision until all road vacations are complete. As a result, the preliminary plat map was revised to remove any reliance upon the road vacation and resulted in the loss of one lot on the west side of Lyons Avenue. Morgan Place was recorded in February of 2002 with 46 lots. The Morgan Place II short plat will regain the lot lost from the original plat of Morgan Place. 44:14 The density in the plat of Morgan Place is3T95 dwelling units per acre. Since the original 47 lot layout incorporated the lot which will be gained by the short plat, the density for the short plat will be based on the entire development. In addition, environmental review was also completed based on 47 lots, so a SEPA checklist is not required for this proposal. The site is bordered by Lyons Avenue NE on the east and NE 4th Street on the north. Both streets have been improved with curb, gutter and sidewalk as part of Morgan Place. Utility extensions and stormwater management facilities were also constructed as part of the Morgan Place improvements. All necessary utilities are currently provided for each of the proposed lots. F` ,c .,, , 40,06 Vie V 4030 LAKE WASHINGTON BLVD. NE, SUITE 200 • KIRKLAND, WASHINGTON 98033 • (425) 827-5874 (425) 822-7216 FAX 03/18/2002 e9: 31 425-822-7216 PETERSON CONSULTING rraUt ego z• 4ti IOO }• r , , :."4"•' t•,. .,•:.,':..:':.7t‘,.,..1.e,.,,4.,*„•:-1,(4iF,4.:,/iF4i4. �,{�r,r: CITY1 QF , ' �� jVistON '4," t.� 1 '•1-y iqy , ,f�F��1., r resat, + � f ;' t, s ti r r �4 G •r?'; 1 f ' 1�+ p y 4�.�¢S y a'ti4,l�J i',y r f zf ,r', i, i ? ;. .f14' �AY't.',r lr et+ rrti ''f,r'a' t p,r r i4 L1 ^ f V. 1 r . :,:; dEPyBL1G INFORM IGN(S) 4"' • STATE OF WASHINGTON COUNTY OF KING ) being first duly sworn on Kevin Richards oath,deposes and says: 20�_ .. [installed 1 public information 1. On the 20t day of....M,�r �. - sign(s)and plastic flyer box on the property located at 359 & 365 for the following project Renton WA 98059 tiG-1L- -- Project name A rL _ Owner Name 2. I have attached a copy of the neighborhood detail map marked with an-X-to indicate the location of the Installed sign. 3 This/these public information sign(s)was/were constructed and inSMunicipalin location Cade-s in conformance with the requirements of CUe 4 Insta a nature CRIBED AND SWORN to before me this day of �"` ,200A SUES �> //4 /Ai /.l% • �••"� State f Washington, r� M• B��`% NO • -Y - BLIC in and for ttie" -,Q OP F94$ 1 r:.id , at-' i� �$7 _ • • OTA e � i �.....@ i I. My corrxniss�on expires on • .;n4'NOTARY 0• ,� �/u v PUBLoG . . jowl 1 tttts>.• s•2g.o`L••, i OF WASN%_- DEVELUrw%Ely i -LikNNING 12 CITY OF RENTON RECEIVED 04/02/2002 10: 47 425-822-7216 PETERSON CONSULTING PAGE 01 JEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND,USEPERMIT SUBMITTAL, : WAIVED MODIFIED .COMMENTS: ::- REQUIREMENTS.. BY: BY Calculations, Survey, Density Worksheet°4 Drainage Control Plan 2 - PlersAll Pk.i P. Drainage i7eaort z Elevations, Architectural a,wo. Elevations, Grsding Existing Covenants (Recorded Copy). Existing Easements:( eco ded Copy).+ • , . .. Flood Plain Map, if applicable. Floor plans a N+a t .: , .. Geotechnical Report a MO 9 ��P peZ,,t,,, o4:0 Grading I�lari, Comceptual z.. .. `: Grading Plan, Detailed 2 King:County ASSessor s Map indircIttng Site s Landscaping Plan, Conceptual 4 Legal:DeS rtpt01,.. :.... List of Surrounding Property Owners 4 MaiI1n Labels for Propt rty Owners • Map of Existing Site Conditions. C' • Master• Ilcttotl:Pornrt Monument Cards (one per monument) , . Parking Lot CovvriAge &Landscaping Atialyti.s Plan Reductions (PMTs). Postage a Preapplication Meeting Summary, Public W ar*s App ravel L>etiar:n Rehabilitation Plan . This requirement may be waived by: qA ,, 1. Property Services Section PROJECT NAME: ,'V,,tpe‘fitp, PiAct 2. Public Works Plan Review Section 3. Building Section DATE: �)7 0 4. Development Planning Section v Post-It"Fax Note 7671 Date 4` 15sa-pto1.2 To , Pion\,`��/►M .f- Co./uep,.f'� ij Co, �:I' Sr'V /� Phone N 4— lJ Phonee hldivlsion.s\develop,ser\dev.plan.ing\waIver.xls REVISED 5/17/00 Fax N Fax 04/92/2902 19: 47 425-922-7215 PETERSON CONSIJLTINNN1G PAGE PJ2 DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT WAIVED MODIFIED •COMMENTS: REQUIREMENTS: BY: BY: Screening Detail 4 Street Profile's F �� Title Report or Plat Certificate J1 / Topography Map (S' contours) l L1SQ � �� Traffic Study 2 g-P,,,,- . :. .. .::.„,..:::.:,.„....„...„:„:„.:;;„.,... ,....„.......:...,:„.„.. . , .:: Tree CultingNegetab lonon Clearing F . „' r Urban Center Design Overlay District Report 4 Utilities Plan, Generalized ` Wetlands Delineation Map. Wetlands Planting:Plan 4 t Wetlands Study, Wireless •• - Appllcent Agreet>ll 14tatertteil�.4e , SSv � t x Inverrtary of Existing Sites rio4 . � • •• ,,, ,.� , .,. �t�rt r yks dam:x Lease Agre.merit,. sJt2�wns ,,t Ya:.. .urn Z Y = .. • ti'A . X4% M... k Map of:Existing" to itron$ AM3 a : • sMap of View Arex �• • 'f '`,Phofositmuiatlonsx 9 . . . . . This requirement may be waived by: 1. Property Services Section PROJECT NAME: 2. Public Works Plan Review Section • 3. Building Section DATE: 4. Development Planning Section • • Ov`Fl 4k 4w h ldivision.s\develop sertdev.plan inglwalver.xls REVISED 5/17/00 City of Renton DENSITY WORKSHEET 1. Gross area property: 1. 6C123168 square feet 2. Certain areas are excluded from the calculation. These include public roadway, private access easements serving 3 or more dwelling units, and critical areas.* Total excluded area:** 2. ie,5_J(30 square feet 3. Subtract line 2 from line 1 for net area (or total of lot areas): 3. 01 o2 square feet 4. Divide line 3 by 43,560 for net acreage: 4. .(01-\ acres 5. Number of dwelling units (d.u.) or lots planned: 5. �"1 units/lots 6. Divide line 5 by line 4 for net density: 6. 4 ,o4 d.u./acre 1-17 lots or units would result in a net density of 4►04 dwelling units per acre. *Critical Areas: Are defined as "areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. DEVELOP..: ** Alleys (public or private) do not have to be excluded. CITYSENION A ' ' '4 ' REA; :iVtea." A. /DENSITY.DOC Revised 04/00 L. AGO TITLE INSURANCE COMP. _.._0 COLUMBIA CENTER, 701 5TH AVE SEATTLE, WA 98104 Order No.: 1032493 SHORT PLAT CERTIFICATE Certificate for Filing Proposed Short Plat In the matter of the short plat submitted for your approval,this Company has examined the records of the County Auditor and County Clerk of KING County,Washington,and the records of the Clerk of the United States Courts holding terms in said County,and from such examination hereby certifies that the title to the following described land situate in said KING County,to-wit: SEE SCHEDULE A(NEXT PAGE) VESTED IN: MORGAN COURT INVESTORS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $200.00 TAX: DEVEs u,:. cr CIiYOF�,,t- , :a�' 'c „ Records examined to March 1, 2002 at 8:00 A.M. 11t [ CHICAGO TITLE INSURANCE COMPANY l By MIKE HARRIS/KEIT SENBREY Title Officer (206) 628-5623 SIPLATA/12-5-90/EK AGO TITLE INSURANCE COMP. Order No.: 1032493 SHORT PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION LOTS 21 AND 22, MORGAN PLACE, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 205 OF PLATS, PAGES 68 THROUGH 77, INCLUSIVE, IN KING COUNTY, WASHINGTON. CIIICAGO TITLE INSURANCE COMPANY • CHICAGO TITLE INSURANCE COMPANY Order No.: 1032493 SHORT PLAT CERTIFICATE SCHEDULE B This certificate does not insure against loss or damage by reason of the following exceptions: GET ERAL EXCEPTIONS: A. Defects,liens,encumbrances,adverse daims or other matters,if any,created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments,overlaps,boundary line disputes,and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien,or right to lien,for contributions to employee benefit funds,or for state workers'compensation,or for services,labor,or material heretofore or hereafter furnished,all as imposed by law,and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service,installation,connection,maintenance or construction charges for sewer,water,electricity or garbage removal. H. General taxes not now payable;matters relating to special assessments and special levies,if any,preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations,Indian treaty or aboriginal rights,including easements or equitable servitudes. J. Water rights,claims,or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). s}IPtATB/03I 4/soy CHICAGO TITLE INSURANCE COMPANY C AGO TITLE INSURANCE COMP '- Order No.: 1032493 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS A 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY PURPOSE: UTILITIES AND DRAINAGE FACILITY AREA AFFECTED: THE NORTH 8 FEET OF LOT 21 AND OTHER PROPERTY RECORDED: JUNE 23, 1987 RECORDING NUMBER: 8706230526 a SAID EASEMENT SUPERSEDES INSTRUMENT RECORDED UNDER RECORDING NUMBER 8704060410. c 2. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON SAID PLAT. 3 . COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND LIABILITY FOR ASSESSMENTS CONTAINED IN INSTRUMENT: RECORDED: FEBRUARY 28, 2002 RECORDING NUMBER: 20020228001892 4. TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NUMBER 4612 WHICH ESTABLISHED AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE IN A PORTION OF THE SOUTH HIGHLANDS, HEATHER DOWNS, AND MAPLEWOOD SUB-BASINS AND ESTABLISHED THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES: RECORDED: JUNE 21, 1996 RECORDING NUMBER: 9606210966 AFFECTS: INCLUDES OTHER PROPERTY F 5. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: CITY OF RENTON, A MUNICIPAL CORPORATION AND: CENTEX HOMES RECORDED: APRIL 20, 2000 RECORDING NUMBER: 2000042000998 REGARDING: LATECOMERS AGREEMENT c THE AGREEMENT SHOWN IN THIS PARAGRAPH CONTAINS PROVISIONS FOR MONETARY ASSESSMENTS. THE JURISDICTION SHOULD BE CONTACTED TO DETERMINE IF THERE ARE ANY AMOUNTS OWING AFFECTING THE SUBJECT PROPERTY. CHIC AGO TITLE INSURANCE COMPANY AGO TITLE INSURANCE COMP !' Order No.: 1032493 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS a 6. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEEDS: GRANTEE: KING COUNTY RECORDED: JULY 15, 1964; DECEMBER 10, 1964; 1965 RECORDING NUMBER: 5761687, 5821507 AND 5861231, RESPECTIVELY AFFECTS: LOT 21 AND OTHER PROPERTY 7. GENERAL AND SPECIAL TAXES AND CHARGES AFFECTING THE ENTIRE PLAT: YEAR: 2002 AMOUNT BILLED: $ 7,450.55 AMOUNT PAID: $ 7,450.55 NUMBER OF LOTS IN SAID PLAT: 45 THE TAX ACCOUNT NUMBERS FOR THE LOTS HEREIN DESCRIBED ARE NOT AVAILABLE AT THIS TIME. THE TAX ACCOUNT NUMBERS FOR THE ENTIRE PLAT ARE: 084710-0005-00, 084710-0006-09, 084710-0010-03, 102305-9016-09 AND102305-9039-02. THE LEVY CODE IS: 2147 FOR LOTS 1 THROUGH 26 AND 2163 FOR LOTS 27 THROUGH 45 8 . DEED OF TRUST AND ASSIGNMENT OF RENTS AND/OR LEASES, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: MORGAN COURT INVESTORS, L.L.C. , A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: HOMESTREET BANK AMOUNT: $ 3,766,450.00 DATED: JULY 10, 2001 RECORDED: JULY 27, 2001 RECORDING NUMBER: 20010727001326 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. Si 1 PIATB3/12-12-90/EK CHICAGO TITLE INSURANCE COMPANY AGO TITLE INSURANCE COMP Y Order No.: 1032493 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS L AFFECTS: ENTIRE PLAT x NOTE 1: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 64.04 . SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: LOTS 21 AND 22, MORGAN PLACE, VOL 205 PLATS PGS 68-77. END OF SCHEDULE B S}IPIATI33/12-12-90/EK CHICAGO TITLE INSURANCE COMPANY • ' 1 LIMITED LIABILITY COMPANY A GREEMEN T OF MORGAN COURT INVESTORS, LLC AN WASHINGTON MEMBER MANAGED LIMITED LIABILITY COMPANY Dated May 15 , 2001 oEvgLOP RECEivED �►�O EgEi jTONNuVG RUTKOWSKI LAW OFFICES, LLC 180 Ramsgatc Square SE, Suite 100, P.O. Box 3535, Salem, Oregon 97302-0535 5 Centerpointe Drive, Suite 100, Lake Oswego, Oregon 97035 (503) 399-2341 Toll Free 1-800-399-2341 ( . ARTICLE 3 MEMBERS 3.1 Authority to Act. Each Member shall have the power or authority to bind the Company. Notwithstanding the foregoing, a Member shall be liable to the Company for taking any action without first obtaining such Member consent as is required by this Agreement, if any. 3.2 limitation of Liability. Each Member's liability shall be limited as set forth in this Agreement, the Act and other applicable law. A Member will not be personally liable, merely as a Member, for any debts or losses of the Company beyond the Member's respective Contributions and any obligation of the Member under Section 5.1 or 5.2 to make Contributions, except as otherwise provided by law. 3.3 Indemnification. The Company shall indemnify the Members, for all costs, losses, liabilities, and damages paid or accrued by such Member, and advance expenses incurred by the Member, in connection with the business of the Company, to the fullest extent provided or allowed by the laws of Washington except that this provision shall not eliminate or limit a Member's liability for: (a) Any breach of a Member's duty of loyalty to the Company or its Members as described in this Agreement; (b) Acts or omissions not in good faith which involve intentional misconduct or a knowing violation of law; (c) Any unlawful distribution under the Act; or (d) Any transaction from which the Member derives an improper personal benefit. 3.4 Member Management and Voting Rights. There shall be only one class of membership and no Member shall have any rights or preferences in addition to or different from those possessed by any other Member. Each Member shall Vote in proportion to the Member's Percentage Interest, as set forth on Exhibit A. All Members shall be entitled to vote on or consent to any matter submitted to a vote or consent of the Members. (a) In addition to any other actions which, by virtue of the Act, the Certificate or this Agreement require a certain consent of the Members, the following actions require the consent of a Majority of the Members: (1) Approving any transaction involving an actual or potential conflict of interest between a Member and the Company; LIMITED LIABILITY COMPANY AGREEMENT OF MORGAN COURT INVESTORS, LLC PAGE- 6 - f ( I pursuant to the provisions hereof embody the entire agreement and understanding of the parties hereto as to the subject matter contained herein. There are no restrictions, promises, representations, warranties, covenants, or undertakings other than those expressly set forth or referred to in such documents. This Agreement and such documents supersede all prior agreements and understandings among the parties with respect to the subject matter hereof. MORGAN URT INVESTORS, LLC By: ( Date: Richard J. Col By. .w— Date: S - (s - cb/ , r. Date: - i t'1 By: Ii Ronald Abney LIMITED LIABILITY COMPANY AGREEMENT OF MORGAN COURT INVESTORS, LLC PAGE- 28 - _TY OF RENTON 1055 S. Grady Way Renton, WA 98055 Printed: 04-02-2002 Land Use Actions RECEIPT Permit#: LUA02-039 Payment Made: 04/02/2002 11:10 AM Receipt Number: R0201739 Total Payment: 1,009.52 Payee: ABNEY REVARD INC. Current Payment Made to the Following Items: Trans Account Code Description Amount 5008 000.345.81.00.0004 Binding Site/Short Plat 1, 000.00 5955 000.05.519.90.42.1 Postage 9.52 Payments made for this receipt Trans Method Description Amount Payment Check 5109 1, 009.52 Account Balances Trans Account Code Description Balance Due 3021 303.000100.345.85 Park Mitigation Fee .00 5006 000.345.81.00.0002 Annexation Fees .00 DEVELOpti;Et", `�Nqr� 5007 000.345.81.00.0003 Appeals/Waivers .00 CITY OF REN7ONJ ' 5008 000.345,81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345181.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelim/Tentative Plat .00 r 5012 000.345.81.00.0009 Final Plat .00 5013 000.345.81.00.0010 PUD .00 5014 000.345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345681.00.0014 Rezone .00 5018 000.345681.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 Special Permit Fees .00 5022 000.345.81.00.0019 Variance Fees .00 5023 0 .00 5024 000.345.81.00.0024 Conditional Approval Fee .00 5036 000.345.81.00.0005 Comprehensive Plan Amend .00 5909 000.341.60.00.0024 Booklets/EIS/Copies .00 5941 000.341.50.00.0000 Maps (Taxable) .00 5954 604.237.00.00.0000 Special Deposits .00 5955 000.05.519.90.42.1 Postage .00 5998 000.231.70.00.0000 Tax .00 0 CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE,#1800,SEATTLE,WA 98104 PHONE: (206)628-5623 FAX: (206)628-5657 ORDER NO: 001032493 YOUR NO: MICROFILMMICROFILMED UNIT NO: 10 LOAN NO: SUPPLEMENTAL COMMITMENT #2 ORDER REFERENCE INFORMATION SUPPLEMENTAL NUMBER 2 SELLER: PURCHASER/BORROWER: MORGAN COURT INVESTORS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY LOAN NUMBER: PROPERTY ADDRESS: WASHINGTON Our Title Commitment dated 03/01/02 at 8 :00 A.M. is supplemented as follows: v THE LEGAL DESCRIPTION SET FORTH IN PARAGRAPH FOUR OF SCHEDULE A OF OUR COMMITMENT HAS BEEN AMENDED AS FOLLOWS: LOTS 21 AND 22, MORGAN PLACE, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 205 OF PLATS, PAGES 68 THROUGH 77, INCLUSIVE, IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED LYONS AVENUE NORTHEAST, (WHICH WAS VACATED PURSUANT TO CITY OF RENTON ORDINANCE NUMBER 4958, RECORDED UNDER RECORDING NUMBER 20020404000988) , WHICH ATTACHED THERETO BY OPERATION OF LAW. w THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE MARCH 1, 2002, EXCEPT AS SHOWN HEREIN ABOVE AND ON SUPPLEMENTAL(S) 1. x APRIL 22, 2002 AUTHORIZED BY: KEITH EISENBREY Y NOTE: THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS SUPPLEMENTAL SEE NEXT PAGE SUPPCOM2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY Order No.: 1032493 Your No.: MORGAN PLACE SHORT PLAT LOTS 21422 Unit No.: 10 SUPPLEMENTAL COMMITMENT (Continued) COMMITMENT: PETERSON CONSULTING ENGINEERS JENNIFER STEIG, P.E. 1/1 ABNEY REVARD, INC. RICK COLE 1/1 SUPLCOM2/RDA/0999 I i141u�i` I';ii it !ii ,ii; li�� I/ii;1Jii! ,i� pr� ti, ! Ir ,i, ;l,illy 41 p►' ��I i liii lu 1i�! Return Address: 20020404000988 City Clerk's Office CITof Renton Y OF ROF7 CORD City PAGE 001 OF 003 13.00 04/04/2002 12.04 1055 S. Grady Way KING COUNTY, WA Renton WA 98055 Please print or type information Document Title(s): Ordinance 4958 Reference Number(s)of Documents assigned or released: [on page of document(s)) 00 00 mri 4=1 Grantor(s) (Last name first,then first name and initials). CD 1. City of Renton 2. 3. 4. LI Additional names on page of document m Grantee(s)(Last name first,then first name and initials). ,cs 1. Abney-Revard, Inc. t., , 2. 3. • 4. 0 Additional names on page of document Legal Description (abbreviated. i.e.lot,block,plat or section,township,range). The easterly 30 feet of the unopened, existing Lyons Avenue NE tight of way, south of NE 4th Street f/\b Ffinther legal description on Page 3 of Ordinance D Additional legal is on page of document Assessor's Property Tax Parcel/Account Number: 084710-0005; 084710-0025; 084710-0023 ❑ Additional legal is on page of document The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein �`y\ FN Rlr� � �� TOtiG/ CERTIFICATE .Y* SEAL a I,the undersigned City Clerk of the *74 City of Renton, Washington,certify that this is a true and correct copy of '7r .�# � iNrl/veE-.9�58 .Subscribed �' � �\a\y`� and iE algid this_Lday of /12C�1,20GL giii," hritti lnuH0ltll m\\\\ GGC City Clerk CITY OF RENTON,WASHINGTON ORDINANCB NO. 4958 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING THAT PORTION OF THE UNOPENED, It.XISUNG LYONS AVENUE NE RIGHT OF WAY, SOUTH OF NE 4 STREET (ABNEY- REVARD,INC.;VAC Ot-OOb) WHEREAS,a proper petition for vacating that portion of the unopened,existing Lyons Ave. NE right of way, south of NE 4°i St., was duty filed with the City Clerk on or about November 2, 2001, and said petition having been signed by the owners representing more than crr- ao o two-thirds(2/3)of the property abutting upon such street sought to be vacated;and WHEREAS,the City Council,by Resolution No. 3544 passed and approved on Dec.3, 2001,and after due investigation did fix and determine the day of January 7t°,2002,at the hour of 730 p.m.in the City Council Chambers of the City of Renton to be the time and place for a pubfic a )gig thereon,and with additional such public hearings held on January 28,2002,and February 11,2002;and the City Clerk having given due notice of such hearings in the manner provided by law,and all persons having been heard appearing in favor or in opposition Thereto,and the City Council having considered all information and argutnvnts presented to it and WHEREAS,the Administrator of the Planning/Building/Public Works Department having duly considered said petition for said vacation,and having found same to be in the public interest and for the public benefit, and no injury or damage to any person or properties will result from such vacation; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DO ORDAIN AS FOLLOWS: SECTION I. The following described portion of Lyons Ave.NE,to wit: 1 • ORDINANCE NO 4958 (The easterly 30 feet of the unopened, existing Lyons Ave. NE right-of-way, south of NE 4th St.) See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein be and the same is hereby vacated,and is not subject to an easement in favor of the City. SECTION II. The City Council hereby waives the vacation fee to the petitioner- owners,as provided in City Code 9-14-11. SECTION III. This ordinance shall be effective upon its passage, approval, and five days after its publication. a A certified copy of this ordinance shall be filed with the Office of Records and Elections, c: and as otherwise provided by law. PASSED BY THE CITY COUNCIL this 4th day of March , 2002. ct G(/at dnJ Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 4th day of March , 2002. .Approved as to form: �,�,- .�,� �j/tJ �.,.-- Jes anner,Mayor Lawrence J. Warren, City Attorney �`1 Of Ry,�%y 49 yy Date of Publication: 3/8/2002 SEAL *I ORD.975:2/14/02:ma • • 4144),‘ mil onm 2 RIGHT OF WAY VACATION LEGAL DESCRIPTION THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M , CITY OF RENTON, DESCRIBED AS FOLLOWS, BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 12.00 FEET OF TRACT 1 OF BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 101, IN KING COUNTY, WASHINGTON, WITH THE WEST LINE OF SAID TRACT 1; THENCE SOUTH 00°18'51" WEST ALONG SAID WEST LINE 261 17 FEET, THENCE NORTH 65° 04'17" WEST 33 00 FEET TO THE CENTERLINE OF LYONS AVE ACCORDING TO SAID PLAT, THENCE NORTH 00°18'51" EAST ALONG SAID CENTERLINE 24813 CEET TO A POINT WHICH BEARS NORTH 88°21'09" WEST FROM THE POINT OF BEGINNING, m THENCE SOUTH 88°21'09"EAST 30.01 FEET TO THE POINT OF BEGINNING girt cry 0 cti cfr�FH SH'� A° Hof WAS dy v vmi 41. . C „EJ AEs 5/l9/Q3 ,g im. 2) 14k't d�' PORTION OF LYONS AVE TO BE VACATED ___- _ P.0.B. NA-' 1z`h ,EST. — 6B' 'p8- w -- 690,62. SOUTH UNE OF THE NORTH 12 00 FEET OF TRACT T. BtAc< Log FIVE ACRE TRACTS 2 1 3 Z / ''' _ t's1 -d ! N 88'21'09- W 600.624 - C'V , © 6 ' 5 t pi 9CA4..E 1-- 1,0- 0.4 I Nh18ER DIRECTION DISTANCE '' z. L1 H OV18`51` E 281 17' 'i L2 N B8'21'09' W 3001' 1 •• '' ;,'. ;o? L3 N 0718'51' E 248 13' ; '.'r, '' p•4 L4 N 6504'17' W 3300' ' FT9fcl�T t.• a ' 1 lo'4L lA EXPIRES 5/19/03 1 NE1/4 NE1/4,SEC. 15, 7. 23 It. R. 6 E. WIC J08 140. 00209 .44CK4 114,-.41,T. Sc J466 REV: 14, FEB. '02 PR W. MD SURY1:1ORS DRAFTED B'CSB P 0 BOX 25,wocv.M LE.WA 96072 (425)+88-1202 O CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE, #1800,SEATTLE,WA 98104 PHONE: (206)628-5623 FAX: (206)628-5657 ORDER NO: 001032493 YOUR NO: UNIT NO: 10 LOAN NO: SUPPLEMENTAL COMMITMENT #2 u ORDER REFERENCE INFORMATION SUPPLEMENTAL NUMBER 2 SELLER: PURCHASER/BORROWER: MORGAN COURT INVESTORS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY LOAN NUMBER: PROPERTY ADDRESS: WASHINGTON Our Title Commitment dated 03/01/02 at 8:00 A.M. is supplemented as follows: V THE LEGAL DESCRIPTION SET FORTH IN PARAGRAPH FOUR OF SCHEDULE A OF OUR COMMITMENT HAS BEEN AMENDED AS FOLLOWS: LOTS 21 AND 22, MORGAN PLACE, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 205 OF PLATS, PAGES 68 THROUGH 77, INCLUSIVE, IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED LYONS AVENUE NORTHEAST, (WHICH WAS VACATED PURSUANT TO CITY OF RENTON ORDINANCE NUMBER 4958, RECORDED UNDER RECORDING NUMBER 20020404000988) , WHICH ATTACHED THERETO BY OPERATION OF LAW. W THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE MARCH 1 , 2002, EXCEPT AS SHOWN HEREIN ABOVE AND ON SUPPLEMENTAL(S) 1 . X APRIL 22, 2002 AUTHORIZED BY: KEITH EISENBREY Y NOTE: THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS SUPPLEMENTAL SEE NEXT PAGE SUPPCOM2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY Order No.: 1032493 Your No.: (ORGAN PLACE SHORT PLAT LOTS 21&22 Unit No.: 10 SUPPLEMENTAL COMMITMENT (Continued) COMMITMENT: PETERSON CONSULTING ENGINEERS JENNIFER STEIG, P.E. 1/1 ABNEY REVARD, INC. RICK COLE 1/1 SUPLCOM2/RDA/0999 HICAGO TITLE INSURANCE COMP. Y 1800 COLUMBIA CENTER, 701 5TE AVE SEATTLE, WA 98104 OrderNo.: 1032493 SHORT PLAT CERTIFICATE Certificate for Filing Proposed Short Plat In the matter of the short plat submitted for your approval,this Company has examined the records of the County Auditor and County Clerk of KING County,Washington,and the records of the Clerk of the United States Courts holding terms in said County,and from such examination hereby certifies that the title to the following described land situate in said KING County,to-wit: SEE SCHEDULE A(NEXT PAGE) VESTED IN: MORGAN COURT INVESTORS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $2 0 0.0 0 TAX: Records examined to March 1, 2002 at 8 :0 0 A.M. CHICAGO 1'IILE INSURANCE COMPANY By MIKE HARRIS/KEIT SENBREY Title Officer (206) 628-5623 SHPLATA/12-5-90/EK • �HICAGO TITLE INSURANCE COMP. Y Order No.: 1032493 SHORT PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION LOTS 21 AND 22, MORGAN PLACE, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 205 OF PLATS, PAGES 68 THROUGH 77, INCLUSIVE, IN KING COUNTY, WASHINGTON. CHICAGO 1.11'LE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY Order No.: 1032493 SHORT PLAT CERTIFICATE SCHEDULE B This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects,liens,encumbrances,adverse claims or other matters,if any,created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments,overlaps,boundary line disputes,and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien,or right to lien,for contributions to employee benefit funds,or for state workers'compensation,or for services,labor,or material heretofore or hereafter furnished,all as imposed by law,and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service,installation,connection,maintenance or construction charges for sewer,water,electricity or garbage removal. H. General taxes not now payable;matters relating to special assessments and special levies,if any,preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations,Indian treaty or aboriginal rights,including easements or equitable servitudes. J. Water rights,claims,or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). SHPLATB/031E94/soc CHICAGO I I'LE INSURANCE COMPANY • CHICAGO TITLE INSURANCE COMP. Y Order No.: 1032493 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS A 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY PURPOSE: UTILITIES AND DRAINAGE FACILITY AREA AFFECTED: THE NORTH 8 FEET OF LOT 21 AND OTHER PROPERTY RECORDED: JUNE 23, 1987 RECORDING NUMBER: 8706230526 a SAID EASEMENT SUPERSEDES INSTRUMENT RECORDED UNDER RECORDING NUMBER 8704060410. c 2 . COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON SAID PLAT. v 3 . COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND LIABILITY FOR ASSESSMENTS CONTAINED IN INSTRUMENT: RECORDED: FEBRUARY 28, 2002 RECORDING NUMBER: 20020228001892 z 4 . TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NUMBER 4612 WHICH ESTABLISHED AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE IN A PORTION OF THE SOUTH HIGHLANDS, HEATHER DOWNS, AND MAPLEWOOD SUB-BASINS AND ESTABLISHED THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES: RECORDED: JUNE 21, 1996 RECORDING NUMBER: 9606210966 AFFECTS: INCLUDES OTHER PROPERTY a 5 . AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: CITY OF RENTON, A MUNICIPAL CORPORATION AND: CENTEX HOMES RECORDED: APRIL 20, 2000 RECORDING NUMBER: 2000042000998 REGARDING: LATECOMERS AGREEMENT c THE AGREEMENT SHOWN IN THIS PARAGRAPH CONTAINS PROVISIONS FOR MONETARY ASSESSMENTS. THE JURISDICTION SHOULD BE CONTACTED TO DETERMINE IF THERE ARE ANY AMOUNTS OWING AFFECTING THE SUBJECT PROPERTY. CHICAGO 11.'1'LE INSURANCE COMPANY • CHICAGO TITLE INSURANCE COMP. Y OrderNo.: 1032493 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS s 6. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEEDS: GRANTEE: KING COUNTY RECORDED: JULY 15, 1964; DECEMBER 10, 1964; 1965 RECORDING NUMBER: 5761687, 5821507 AND 5861231, RESPECTIVELY AFFECTS: LOT 21 AND OTHER PROPERTY 7. GENERAL AND SPECIAL TAXES AND CHARGES AFFECTING THE ENTIRE PLAT: YEAR: 2002 AMOUNT BILLED: $ 7,450.55 AMOUNT PAID: $ 7,450.55 NUMBER OF LOTS IN SAID PLAT: 45 THE TAX ACCOUNT NUMBERS FOR THE LOTS HEREIN DESCRIBED ARE NOT AVAILABLE AT THIS TIME. THE TAX ACCOUNT NUMBERS FOR THE ENTIRE PLAT ARE: 084710-0005-00, 084710-0006-09, 084710-0010-03, 102305-9016-09 AND102305-9039-02. THE LEVY CODE IS: 2147 FOR LOTS 1 THROUGH 26 AND 2163 FOR LOTS 27 THROUGH 45 8 . DEED OF TRUST AND ASSIGNMENT OF RENTS AND/OR LEASES, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: MORGAN COURT INVESTORS, L.L.C. , A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: HOMESTREET BANK AMOUNT: $ 3,766,450. 00 DATED: JULY 10, 2001 RECORDED: JULY 27, 2001 RECORDING NUMBER: 20010727001326 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. SHPLATB3/12-12-90/EK CHICAGO 1I ILE INSURANCE COMPANY • • CHICAGO TITLE INSURANCE COMP Y Order No.: 1032493 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS AFFECTS: ENTIRE PLAT x NOTE 1: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 64 .04 . SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: LOTS 21 AND 22, MORGAN PLACE, VOL 205 PLATS PGS 68-77. END OF SCHEDULE B SHPLATB3/12-12-90/EK CHICAGO 1TILE INSURANCE COMPANY UCHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE,#1800,SEATTLE,WA 98104 PHONE: (206)628-5623 FAX: (206)628-5657 ORDER NO: 001032493 YOUR NO: UNIT NO: 10 LOAN NO: SUPPLEMENTAL COMMITMENT 0 ORDER REFERENCE INFORMATION SUPPLEMENTAL NUMBER 1 SELLER: PURCHASER/BORROWER: MORGAN COURT INVESTORS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY LOAN NUMBER: PROPERTY ADDRESS: WASHINGTON Our Title Commitment dated 03/01/02 at 8:00 A.M. is supplemented as follows: p THE FOLLOWING IS ADDED TO PARAGRAPH NUMBER(S) 3 : Q AMENDMENT AND/OR MODIFICATION OF SAID RESTRICTIONS: RECORDED: MARCH 11, 2002 RECORDING NUMBER: 20020311002726 R THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE MARCH 1, 2002, EXCEPT THE MATTERS NOTED HEREINABOVE. S MARCH 15, 2002 AUTHORIZED BY: KEITH EISENBREY T NOTE: THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS SUPPLEMENTAL COMMITMENT: PETERSON CONSULTING ENGINEERS JENNIFER STEIG, P.E. 1/1 ABNEY REVARD, INC. RICK COLE 1/1 SUPPLCOM/RDA/0999 OCHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE,#1800,SEATTLE,WA 98104 - PHONE: (206)628-5610 FAX: (206)628-9717 IMPORTANT:This is not a Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. MORGAN PLACE SE1 /4, SE1/4, SEC. 10, T. 23 N., R. 5 E., W.M. NE1/4, NE1/4, SEC. 15, T. 23 N., R. 5 E., W.M. CITY OF RENTON, KING •COUNTY, WASHINGTON SEE SHEET 8 I I 27 45 I _,. I 2,. I TRACT E W I I I — N UIR SNOTYIIRE(•(y5•ND �E NN1rz 10l rOMCR EW.I SEE 1 o rN ueO 36211.Or to' C.0&„s tr�RELW� I I T=MS OE RECORD No. �. 8 No.•.�E" i _a_ L TRACT G- X --r ,0„,_ � t_1 N elf2t'00"A I 1 RRa COUNr'r DRAINAGE E9Nr.� 'rya }l 'lo.e� - 3EC C.C.•R'7 a<RECORD \I5'MM•1E pWlMa ELSr '0. S.MET 2. pp SEE MOW.Norz N0. 1I. to'uvur,(ASEIEENl.SEE J f SNEET 2. ASLv6Nr rROV1S10N5 rr++ SSW 2. 4. -- _ _ NE 4th STREET TT N M2r'DI�• — — 529.52 — — — N SURAT MON 10 OE . >n. S[E DOAErvd I� NoVE s.SNEET 2.Err% KIIO COUNTY ORAMAG lr E E9 . • . SEE C.C.•R'3 D(MONO KING COUNTY E9 DRAIN•00 Nr. v No. II.SN ET 2. 16 SEE C.C.•OS Cr'RECORD w.oe { N NC2I'OC IV Nos. 15: IL sNm 2. w.00 50 'r' .00 3s 2 OOO.e2 _ _ _ 65.D2 I 7328 SO.rT I (J� e . .. — W 'a y • I �' n - rn z 1u Mg 25 11 2 -H enz VS FT. ea•w.^. - pI : RNM,TE•c1(a/DRuNscr C I Q N I ll.01 • / N •R I1 R Mq r.0Uc vivre 6Nr. f7� I f.. 1 SEE OENOVl NOR No. u. _ Z t2! NE 3rd LANE '"`E'NO.2. I12I SO.(T. ,`.l I—1 lo'UrERr WREN EE Nf.S 2 / /It I I EASEYENr 1RON90N5 MET 2. 0 / /; / MQNRU 2. ---':-I. 6 0 AI 1 ND.r/.!MEET L \EE�1 0 9 / $ z W / / 23rt 1 e 24 a 12 �. n ` i Rai SO.rt. 3 LIS g / ` W J G „Wear L 13 2. /Ica- TRACT D // // • N"_ ,_� MAP/RDA/0999 . et0g/e - VOL PG M ORGAN PLACE LUA-01-143—F LND-10-0370 SE /4, SE1 /4, SEC. 10, T. 23 N., R. 5 E., W.M. NE1 /4, NE1/4, SEC. 15, T. 23 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON I EGAT Q SIRE__ IPTION: crrf APPROVALS PARCEL B'. CRY or RENTON PLAHMNC/BUM1.D�IN/G/,+UREIC WORKS OCPAPMENT SME OUTHEE REST QUARTER TMOrr SEcno00.T QUARTER 23 ENOR P)IC QUARTERAS OF THE EXAmMED AND APPR0NED n^5 LJ7—MEAT Or a/SRI/RAY 20a2. WRLAMETTE MERri.N ENE COUNTY,RA91NCTON: EICEER THE SDI,/42 FETT M(REOF CONVETED TO KING COUNTY r0R SOUTHEAST 12BD.STREET BY DEED RECORDED UNDER AUDITOR'S r1LE HL7IIBER 5755895. .9 '2.j' m-7�[ A0MRI15TRATOR/,9' NC/NUILDUUC/PUBLIC WORKS OEPARTYENT PARCEL C' TOE EASE HALF 0r ME SWrTEAST QUARTER or ME SOUT.EAST OU.RTER Or ENE SOUTHEAST OUARTE0 Or SECTOR 10,1 flSUIP 23 NORTH,RANGE 5 EAST. 11 wRAMRTTE MERIVAN,N KING cowry,0A91NGTON: ,�OF R£4' cur Or RENTON MAYOR.EXAMNEO AHD APPROVED MIS�DAY Or (DEEPT ENE EAST 150.OT FEET MEMOF:AND 4 01 f�814 kAPi ,20Q.. EXCEPT TT4E SOUTH E2 FEET ENEMA'COM+ETED TO ANC COUHtt FOR SOVT.ElST A. 1MN STREET 9r DEED RECORDED UNDER AU0TRR'S FETE/ANDER 5837804. I . �C2 5- • 8 E AL • IIE�TOR CRY CLERK PARCEL P. •X TRACTS 1 AND 4 BLACK LOUT ETA ACRE TRACTS,ACCORDING TO MC PLAT TH T EREOF RECORVE0 N VOLUME 12 OF RUTS.PACE(5)101,M KING COUNTY,RASMNGTO. R OL I HEREBY CERTIFY D AT ToI RE ARE NO DCLNOIENT SPECIAL ASSESSMENTS AND EXCEPT ME REST 120 FELT Or ME EAST ISO RR OF ME NORM 190 FEET Or THE R,., R' MAT ALL SPECAL ASSCSETITS CERnnED TO ME OTT TREASURER FORor YID REST HALF O TRACI 1:AND R4720 OA SI COLLECTION ON NET PROPER,HEREIN CORIANED DEOMATEO TOR STREETS.ALLEYS EXCEPT THE NORM 12 FEET MERECR COME-T D TO KRM COUNTY FOR SOUTTIUS 1291n OR OTHER PUBLIC USES ARE Puo N PULL STREET UT DEEDS RECUNRD UNDER AUOROR'S FILE NURBCRS 5881231 (' ARTS.0 CAT or ra/07A� 200 -- PARCEL E cal [.. -- THE REST 120 FEET Or ME EAST 150 FEET Or THE 160 FEET Or E REST NAi FIFNNC[PRCCT011 OF TRACT 1,SLACK ETC ACRE TRACTS,ACCORP140 NO T T ME TOE PLAT D.T ERECE. RECORDED N WM.E 12 Or PUTS,PACE(5)101,N K1NO MATT,RASOUTHEN; EXCEPT ME NOFT.12 IFFY DARED, DI100't0 to KING COUNTY FOR SOUTHEAST 126M STREET BY DEEDS RECORDED UNDER AUDTIDR'S of NUMBERS 528 MT AND 5821501. COUNTS APPROVALS K NG LTK IFTiT DEPAR7MTT.T OE ACcrGNnrtT EXN11NED AND APPROTED RIMS 1/R CMOF�'',,Ayy.Ay 20•2 QEDICATION/CFRi1f1CATKIN• SC.•0 N.LE. 51,E_ «s KING COUNTY ASSESSOR DEPUTY KIND COUNTY ASSESSOR KNOB Al),PEOPLE BT THESE PRESENTS THAT WE.ME UHDERSIO.ED ORNER!N FEE 9MPLE OrME LAND HEREBY PUTTED./CREW DECLARE it.2 3wS- T.,1 • pa? _Aim.- .'r'— MIS PUT AND DEOUTE/CE0FY,TO T.(USE OF T).0 PUBLIC FOREVER ACCOUNT NOS. ALL STRUTS MO WENT/ES 4 ES NOT MORN AS P HEREON AND TOE USE*HEREOF FOR ALLUBLIC P Wm..'PURPOSES:OSES. A150 THE Nom . TO Must ALL NECESSARY ROPES TOR OUTS ARO FILLS UPON ME LOTS AND BLOCKS SHORN ON RIMS PUT IN THE O601NA RGso,A,KE FpNll(2 WISP).CFRiR1UTF GRADING Dr THE 51N.t15 MO AVENUES MOWN OEM.,AND FURMEP DEORAR/CERMY TO THE US Or ME PUSUC,ALL EASEMENTS sou. I IREAFBT CEP)R THAT Al),000PEIRY TAXES ARE PAID,my OCRC WE AN) ON FIRS MAT D T ALL PUBLIC PURPOSES AS MPC T[D DKRESE,EASEMENTS DELMOUERT SPECIAL ASSESSMENTS CERTIFIED TO MIS OrT10E FOR COLL ECn0N OUT NOT LLT Ce 10 LFDON 5 F OPMNOC2O DE 5TED ERl5 Nl4 ARE ........ .._--___.._ d0 ARE es'IRE P004510r HERM CORTXTRED,CEpp0ED.L5 51RCET S.ALL Tl 0PEC1TED TO LeKrw TTy OR T.!RAT AS TA DOt P084T/R IN nT1 OR 0 EIMFR PU0LIC USE,ME PAD N FILER,ORS�CAT Or • COUNTED A IU1 D OR rimy ODRTR TAU TM RMET M RETELL /ytt.�,( 20�_ CASE 0W DO HFR[HT Y(*I I/COTTPT SUCH STREET!M10 EAY7RRT"TO I /F M[PERSON 011 CH11TT'IX NH,feu IWO Tpl THE PAKTPOSE STATED. .I /h.-r-_— D rr at iG.l —L7//•• • I4 RIITRO5 wH[RED,rC SET OUR NANOS AID SEALS. ..RINGER, COUNTY r11.A+Ci DNISK)F DEPUTY doCc I AND SURVEYOR'S CERTIFICATE N MORGA.COURT AIESLORs,LLD,A IN MS RASNNOTOO UMRED.LMAIUTY COMPANY I CBASED HEA TN.(BARNES THES NEREHT C[Rory AT RIMS PUT Or MORGWU PLACE TS BASED UPON AN ACIWI SUR/ET A.O 97004090N Or SCIONS TO• 15. AGRNSm, 23 HORN,RANGE 5 EAST,R TIN T NT IRE COURSES AND DISTANCES ARE SHORN CORREUTNY THEREOF.:TOUT ME 1.10.1ANCHTS LRt RE SET MO ME LOT AND BLOC. CORNERS MU DC STAKED CORRECTLY ON ME OROUNO AS CONSRUc00N IS COMP- LETED AND THAT I FAME TULLE COMPLIED OFT.ME PROVISKR.S OF ME PARING 9G REGULATIONS. 51ATE o.COUNTY OF $.411) r>n I�/ rf:-E .. T ' R sN [ERTRY TNT I MOW OR NAVE SATFACTDRf EONENCE TENT EIM.EW dL.�T4 10.•) „A s,y CERISTOPHER SOLE BARNES.P.I_z STONED TM3 NSTRIRMENi,ON OATH STATED FI READ CALTE N0.•351I5 . MA SHE)ETAS AIT.ORI2 ED TO EXCCUR MC NTT/NACRE ANp AOCNORLIDOED R U THE SQL` _a ~ THEM pLAMHO•ASSDCNTFS ( w it . R'OODIFr/RLE.rASMNCTOO 9BOTZ X IORYII O121RO 0110ICl11 llt TO K T1.[TREE ANO `NI RK)NE:(Ay)A90-1252 • •OILNENT1 ACT Or RCN PARTY FOR T.1[USES NC PTAWCA[S MERN,IN"U M TIC N57RUICM. 35115 '•Pf�(tT� prr CREED 1d� loot. ALL! • a aNN• 9CNA„REE Or `p- T `EXPIRES:5/10/0 , TgT irr NIJLIC`�im‘ • {� PRNTED....r_TFnrlrTT 11,..i. Et 2/11/.2 -= T,i>'ppp1 v 1 a ro-05E RECORDING C R1W1CATE 200.?0..7..?E9OO/8 9/ • Nrr � /,•Lj' OLEO rot!RECORD AT ME REQUEST Or ME CRY O IrRON RIMS 4 REAR" 42.0_01Y Or FCL 015. AT...P. MINUTES PAST /l.Ya IL,E M.ANO FIEIUMD N YOLUM V U aS Or PLATS.PACE(5)/AL . ,••• Ti 77 RELOROS OE KENO CQINIY,wASMNCTON. • .. COUP DC wrS,IJ{k; M DSION OF RECORDS AN0 E12CD0N5 • OOEIMR OE Kink;n� L Q.. ..rrTA ,1.E t:. 4. r ANT� J(� 1MINGER r• SOPERMTTN ENI 00 RECORDS I CCiRRY TINT 1 KNOT OR INVE SATISFACTORY'EVIDENCE 11 TNT I.I NEjE • AAVMDD11��fRlj� �O EIfCP.��IE91�p.R[.�DciFrD1�RNSf-MJTRUMM.OR.CAM STATED . /1MT(HE yl R•55f.E•STQ/7�I�ILIl 1"XES/AY5X I M 4I0 ACKNDRIEDDED R A!THE T F H HOODED VW ND BC TOE FREE AND • VOLUNTARY ACT OE SUCH PARTY TOR THE USES A,O/O{PURPOSES 1(NRON/ICO M lot NSTRUN NT. •• CATED f fi](U.1 /I, Eft SIGNATURE OE ..OTC r PUBLIC • r (8.11111111012. >�r alit eac>l `Q✓iGmCv►,, &' ,R4�aa0. o 4 APONM[M E ORES io-JU Os PROFESSIONAL LAND SURVEYORS 1 17625 130TH AVE. N.E., STE. 104, W0001NVILLE, WA 98072 MAILING ADDRESS. P.O. BOX 289, W00DINVILLE, WA 98072 E\ • JOB NO. 01102 ce PHONE: (425) 486-1252 FAX: (425) 486-6108 SHEET 1 CX 10 - , F. VOL/PG Mn r Zo .2OS L , • Q J O O (� i m m a,(3 � 5 ilqh0t a a ��. R as h R o r N 3 ; , r 6i liliv'll R a ! CC pnk S E i : • n .R. t O � �• < i 11 xi x 0 H' ! wki ill . To xx, g : I; i gpiioge 00 rel 4 Ei I le ql 10 Y ; ___ , 2 8 ':- 601 . iyi ki! . WA ielg4; w Y i6 V iniimilig4 01 qiii, ;; ig i q 41 : ;g : q —181 n V 8 — CI? d; vlix - 1 01A iiI e e i Y F „q; 1 tt °I d Z ° V 1 1 : F• S gi 5 5 - 411V2 �f !s ; 2 1! it F¢ it 1m` �rig h b �� bib 0" 5!vt lEgi �b 94tpi: p Q W EIP Iii W Z t iib i� ;tit Pifrimri tgg 3 PI RG of t ' hh:E i:3 th �rR „ � oLo _ $ r lan 1�ih hlY ` r' i VEli tR k t lilt! ; r; " - I2 0 2 w W 0 $ 10E y P y £ !T i e5p-RhR4 ii ? . � ip 1k z i -i z ~ <4 ii J - o o �N� ♦`.h y . e o H s N ` 0 -y `�. Z O�Z ` ;,._ C U _ .. \'�i wWZ c uouoO E O ,t:.-1--E 3 R ! i E8 .. 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NE1/4, NE1/4, SEC. 15, T. 23 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON -^- O 1p 2911 u' r. [ LT 20 -1-_ 7- - C N 9e2001'w 2949.1W 1 I• . ,- 1 �... 1 asc' • 110 tom Pummel,mudsoRC H SET FLUSH NT 0740 0A0 • RTE R 77mr70E AT 114E 0 3RSLCTIN OF 4M T.(MINN ST)I 1/LE AK.NC (INNS.NAE.SEA SF CORNER CORNER SEC. 0 2 I » >e 3734 33 ID,Two 2.71..ROE.SC.N.N. Cr 7 III CD FOUND 7'PUNCHED BRASS MCA ( , +r�PRoxn IM.¢'�wl+r I•G REST RNT OW 11�\� NE 4th C7. LII et MINR A AT THE C HTTTE Mf `]P' I •- ill Of NE 41N T. 3. 1/4 CORN01 LI - SEC.10.T.P.23N..RO[.SC.N.N. • �T#iT• S ' A. 1/4 CORNE7t SEC. 10,RIP.23M.. - I ]0 ]I .. _ Mt.x. MO CALCULATED tRaM g W 31 C.N.N.SURVEY •, 2 • I l FOUND.•2 4•CONC.NON NT4 2' I I •• BRAS!07C SET 1.••DOR'N M CASE -N ee21'01•w •' AWN.11052. 1.t 5 .0 I AT INC 4VRw3ECI1ON a NRE AYt. -1. - 7N2.S•• I S I NE. 14110 AN0 NE 1209.T. ada .�- (i RCCEI./4EC 270 SC. 10,TT.23N.. 0 -N v 1ti,Win355 .0.14) 'm J •7 v • m N.1/4 .N:cowry ILC.IT,r m.23N., C.N.N.� 1531. I ? 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Ut M 1119`Y N 17.11' 8 'moo! 7Y 77' I 2 I �2E0 3D00 NC itl,(T.M[ W „II /97]7�lTQ�• 3i2d • yTyd.� ` 1 27 DI ►�L11T 11. :I NC L55 11 1011,41 I 70.x' I in 1/ \ / 23 •3501 1(MO IN U• •11 09'10 3•'• ,NEW 1\ LN W N 10 1]'( 42.50' ' 24 S A NNE AWN LLN U9 R 11�1 44't 9•.•2' NE,JI7� $T It 7902 M[MO IN U1 SI 1421'44•II4L42• 21 3M LIONSAYE 1( lq N 1TII'!7't 14273• L N 2921 000.12 (001.75'PLAT)�� 27 402 MIS AK A Ni UI t44 I(b�'00'I .•N.O.'' MKT 4 a 4w LARD AYE NE UN N oea 21'• 11.04 • a 414 L10145 AK NE Ly N Ofl4'3'1'• 43.4' 30 430 L1Vt45 AYE NE LM N 07'30'72 E 4330 30 5403 NE 4774 CT. 1110 N 2000.20 1 40.17' 31 5100 ME 41N CT. 32 5415 NE OH R. .02 34 5011 IN 41N CT. 1 SiS Of BEARING; /,j:.. 35 5412 NE MN CT. N.CAS. �� 4^ A 5404 NE 41N CT, E l• 37 5000 NE 41N CT. UQ1E y 34 3712 NE 41M Cr. I.All NONu11DrR,��10/NO/110 UNLESS onlERwrsE MOhO. ' M •/Yl. . }.).40 9310 NE 4TH Cr. 4AwG. 0 r +0 5l19 NE ITN C. L •COT Of RE1TON(C.O.R.)3401A11115 DATA IRON COMTROL 9004 w.f.,. TE,(L✓• .riW 40 421 LTONS AYE NE PAC S 331- •53 NONNNExn REFERENCED FOUND d .ff00 PROFESSIONAL LAND SURVEYORS 0 41 425 LTONS AVE*1 NE PACES S3f010 •94. 14. 3.THE PORTION Of IN13 RAT WITHIN SEC.IS.TOP.23N OC.,R . CCPIRCS 5/19/03 41 411 LIMNS AVE HE + 407 LIMNS AVE NE x.N.M.wAe CALCULATED FROM RTC RAT OF 91A01 Low 17625 130TH AVE. N.E., STE. 104. W00DINVILLE, WA 98072 1 FIVE AORE 1RACTS.VOL. 12.PC. 101. DC DISTANCES ALOM0 214102.44 401 ITEMS MT Al T2 NORM MO EAST LR1EI WERE PROPOR110NED TO 114 COSDN4 MAILING ADDRESS, P.O. BOX 289, W000INVILLE, WA 98072 v TRACT 0 3E0 • L70N3 AVE.NE SECTION. 114E SOVT1 470 NEST UNES MOM MELD AS OFFSETS. J00 NO. 01t02 O • TRACT a 5128 NE 4m T. RE-PUTSES 22,01 Aron�Tr �x00 RC sURvErs8.00?. 4nPHONE: (425) 486-1252 FAX: (425) 486-6108 SHEET 3 Cr 10 . a,eoa, ea �, d - 00 i 89 i •a,0 5 i,- 1 VOL/PG • M O R GAN PLACE LUA-0 1LND-1 0 103 70E SE /4, SE1/4, SEC. 10, T. 23 N., R. 5 E., W.M. NE1/4, NE1/4, SEC. 15, T. 23 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON • I SEE SHEET 5 • 1 23 I ,lffi ,/,•09"w —_ J 24 12 • „v.iir w N 9 11272' 2, 1 21• I / 13 7B1,5 R• . . g a / MU FT.// / /\SE<R77F1ML NOTE r. N I IJ•w `2 N EI41'09"w W f / NO. IP.NIE T 2_ �� 0 ,' 2• 11 z.72' Q 0 IC(OUR EASEMENT,SEE —I 9 51' EASEAIDIT PRO/MOM . / / �,.� SHEET 7. �..1 ,, 1CK 2 ti: / / N 0f3O'13' 14 W 13 4 g / 91.79 I Teel SQ.R. ^ / al9esarr. $ In .....,„/ 1 20 7 mains. w N e..w.�.w I'§ 112.72' 12067 SO.rt. a1 • W I h 10'UTILITY EASEMENT.SEE t 15 5 g 8 10 LD /u3e11EN1 nronse s g. I g 3 , 6 SNEEr 1. y 7301 10.R. b 1 i v Tell SO.FT. _ I- Ili « N elil'09"W LU a 1 I 124.0.Y g • N .' , IV N IT41.0.w +12.72' • Lif� qi I 1 I V N \ $ I IS „1 SO.SO IT. * 16 8 2 g q 30.R. Tell S0.Fl I II' 21' N e111 OE W 121.03 N"W.if w N Of4I'0O'W ka I 112.72' `L.,—29'� / I Li g 10'PUBLIC wnMr SEWE71/ '1 : O N I In T. SEE GENERAL s1EET L NOI[ .I g9 1 I 7122 30.FT. 18 17F7 I I 10951 m.FT. t Sum'NON 70 BE 8 N IQ 21 09 W 34.e ISET. SET IoRQ 3. nEiNL 2. 1 U• • 10•MIT EASEMENT.SEE N 9e25'10"w NE 3rd sr. EN EAavr PRav1s0N3 S. CI N elU;p9"M_ - 29.97 il NE 3rd ST. ROR_CF_wAT ,.2e.J6' T.1. . . w9)III>/NIR3 �1; L93 I C23 N i•21 WIOe.72' 07 5 tom 2 I BLACK LOAM 5 ACRE T VOL.T 12, 101 TSR GENERAL NOM RACT NO. sRETT • mama . 2193 10.FT. 30 0 3 Scale 1" = 30' sx �or �', S11R TAR F. 1 INF TAR1 F- �7 ` ✓VI tcvc 7 & & a luv,G. O c NUMBER DELTA 4 RADIUS1 56 LENGTH 1105 NDIRECTIONOI0 1.91AIKE (<' PROFESSIONAL LAND SURVEYORS C z Cl ,017'SI' 500.00 29.N Lea N 9e21'09'w 1.99 J C.. CI OI2I>,7' 12100 20.72 � CIO I 90'0000• n.00 39.27 17625 1301N AVE. N.E., STE. 104, WOODINVILLE,• CI 9o0aoo• n.ao .79.v E%P9K5:3/v/o3 WA 98072 C14 e030.03' 23.00 35.13 • MAILING ADDRESS, P.O. BOX 289, W000INVILLE, WA 98072 C22 9T00I3. 25.00 29.29 ,/ 022 072133 'moon.1e `i�OZ JOB NO. 014 10 PHONE: (425) 486-1252 FAX: (425) 486-6108 ' 010001 0 -00 18 q I (Z.Q 5/ q, • VOL/PG MORGAN PLACE LUA-01-143 UW-10-0370 SE1/4, SE1/4, SEC. 10, T. 23 N., R. 5 E., W.M. • NE1/4, NE1/4, SEC. 15, T. 23 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON 27 ARP 0 WEE SHEET 8 I I UNE OOMyyIE FALLS AND G� TRACT G $ E C.2 a R•s [.p FACT.warn Pam 5�F N.UNE OF 1F CWT.1D NCFT **4I 1 w SN s9AEr 2. rO.7,saw 2C•IYS OF RECORD L - L _�- 10 -" UNPLATTED I C.C.•R1E or RPOE2• r 2 I Q RECOIp NOS 1•], 4 "El Y IS'R9MTE 01wN+cE EMW. N OS21.00"W �'. I .........NDi[NO. I9, 10'V10lrT[ASEM[M,SEE '"1SKIT 2. fASEMEM PRP'�]IONS KING COUNIT pWNIy'E CART. SNOT 1 AT C.C.•WS OF MORO -I NO...WAFT X ti,1R 1 81l ON SSNEECEITI 01]1 FBREAKDOWN .- - M NE 4th STREET =1N1OE'w - - IS I. 521 ,C.•IFS OF R MIT. .... - TRACT F S[[C.C,•KS OF 002000 NOS. 10 It 10,WATT i - 10•vM M EASEMENT,SEE 70 BE OE00 00O 10 ON OTT EASEMENT PROVISIONS CMCOVN/T DRNNACE CWT.i N EC21'00'W SHEET 2. SEE C.c.II R's or RECORD NE OTTa<RENTON As 3NRE[T 1 .r= 003.02 NO. I/SNEET 2. 127 W.R. F- \ L]J s I t U I 12-1 28 e� I I I 1 w R. M25 11 10 g - 8 7 I 30. N 0092 90.R24 50.R. 0120 50.R, 7730 50.FTI I 7220 50.1T. 0970 S0 R • . . PI _- C1.OD w g PRNA1[ACCESS/TANNAGE N.H' _L.. W.00' AND PtIDUC OIRM FSMT. I SEE 1.00.2.NOTE NO. IJ, 0. M 0141'09•M 11D9..9' 73. E 3rd LANE ' 2. - - _ I r N 0/11.01•R 1.130.51• I 7p�3 _� _ C ON 09't00 -07.i2' e I0•URl11T CASEMON.SCE J I EASEMENT►IIONSONS \ 1 -- SNEET 2. 1 I 1 7 6 Q _ 1.351.15 12 R. 13 g I 7750 S0.R. E W 23I 24 . 21' 1 21' t 8 0021 S0.R. j I = 4t pS 1 1 "TILIO R N ev.1'M•w J (L 112.72' LE.1 I f I8 Z J 1 / • 2303. 13 .8 8 /' J 5 • I • • 7M1 S0.R. / R MO SO.R. �41 / / 1 Y • FT / PRM T[STORM FSMT TRACT D p��g • 11 ' / / 3FE RNEAAL INOI[ " 2li • I N 0E11'09•W / NO.19.SIAET 2 11172' I / ID/RIVE EASOWNT,SEE Wf 2 1^�WDN, i gI 4 1 / - 14 = I SEE SHEET 4 30 0 30 00 00 r Scale 1 = 30i Fr1141. _ ~ ' 9�o ad `✓Wf(0Afiv 0 Am.00. Cl1RYE TAAI F• J INF TART F tit• IC: c,NOFR�6640 0. 'RADIUS5.0030. LEMON N1'Ne`*N 021D" ff20.00 F PROFESSIONAL LAND SURVEYORS c�i C9 00 w'oo• RADIO me 1 Eta �N OVIONI•E 20.00'2 9000'OO IS.00 �39.27 EIA N 0010'Al'F 20.00 17625 130TH DIVE. N.E., STE. 104, WOODINv1LLE, WA 98072 3 9000'03. 25.00 M.27 132 N 6621.09 w 24.42' 0.3 N OPIO'n z''E ;... 2/8/oL MAILING ADDRESS, P.O. BOX 289, WOODINV1LLE, WA 98072 V . JOB NO. 01102su PHONE: (425) 486-1252 FAX: (425) 486-6108 SHEET 5 OF 10 a,00 a a,o , a - oo 1 gq 1 a,0 5 /-1-3 VOL/PG • MORGAN PLACE LUo;o�a;o • SE1/4, SE1/4, SEC. 10, T. 23 N., R. 5 E., W.M. NE1/4, NE1/4, SEC. 15, T. 23 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON // �/i • / 23 SEE SHEET 7 STOW I22 / ' WE � ,z / ` .N0 le 'NIT L ^O / . 3. J ;,/ / A;w7 7 24 12 • / „� L.� 13 . / / / •?r // TRACT C /j/� EN 37231.1 E NOZ.TE �.. _ / arrE NO.26"MINT 2. / C E-, , / .ea0 A.R. / / !'�� 1 • e,�( / 4.4rkl s�1e / / N ee501,5•E 51.75 • TRACT D SEE CENOML NO.22.9KI1T'rti tocri ,�,,e 2900e m.rt. 2 0 se• w '�n.) J >d I:Oe730.R. 1.1i. l' 'T 4 • 15 Lle 13 IEASEW REM PR NE SEEr y J'SNEET 2. r , Y 3o I 30 8 . .. . • was+t'ot'• u ,� �' ) 124.03 a. j :i p znri 30.rt. 16 ti �. I TRACT B " - r % $O2.SPRIT 7101E +�'.v NO.It. 0.7. 3 W71 R. '` N e/41'n'N L21 124.e3' J tf 'r 2e'711 V C 9 1 SWART St 1E11/ r MIT. XI OPIUM NM r NO.15.SwEn L 1 �I = 0'PUa1C s \`_ 1o17nm EASOdf,3EE 1 8 manna wmcmscre SHEET L Tom50.FT. I In.N' 1 - 71 eN21 0, 124 e) NE Jai ST. .( ^ 7AN10 0'NW PR N MLY1 N _ - _ - e� �VLuO PLw a eN,w warm-fir —17d'dr-- — "N ee2ror ''"ON UNE r [ 30 01 N!8'21'0ll'M 600.92 o 30 tb BLACK LOAM 5 ACRE TRACTS 5 • .. a M111111111111111 VOL. 12, PG 101 INF JAM F. 4..• Scale 1" = 30' ) E, "r...174 • NUIeEI0 O737'l 27.10' E �e �� CURVE TAR F. L, N ors7 31 c :7.eo 115 M7707'IO"N 10.7Y F� 1. e4 &e'e�//11f.e//V & 4 w^• y NUNept DELTA MOLE 1E70°73 MC LEMON lie N K50'N•E 32.10' z� .eaJ•�TV J� C CI A3]'I2• In.00 e1.e3 ll7 M IT3t'OJ•E 5e.n' 11 \ • CI xs3'II• 25.00 3669 L1e N 3J51'30•E I..n' ` PROFESSIONAL LAND SURVEYORS CI3 eaa'ao• n.W b.a LIe N 52.17'27'N 34.09' 1R�,T.170.f.±J 7f CIE 2041'41" 100.00 30.12 l20 N eTOJ'20'E 346, c17 oEoe'rr' mo.00 ie.n m N 9724'14"E 10.71' ,5/te/q9 17625 130TH AVE. N.E.• STE. I04, W00DINVILLE. WA 98072 L22 N W41'00"N 25.06 123 N 5,41'47 N 35.30' 21ahc MAILING ADDRESS, P.O. BOX 289, WOODINVILLE, WA 98072 y NO-0E1N71E3 000.U71E U7 N 1032'53'E 110.07 JOG NO.01102 1J+ • Lb N 1,32'53"E 115.90' 10 PHONE: (425) 486-1252 FAX: (425) 486-6108 SHEET 6 . . _ . a,00a, Oa, a, $ - OQ I $ci I czQ S / aq— va7PG M O R GAN P LACE LUA-01-143—F IND-10-0370 SE1/4, SE1/4, SEC. 10, T. 23 N., R. 5 E., W.M. NE1/4, NE1/4, SEC. 15, T. 23 N., R. 5 E., W.M. CITY OF RENTON, KING 'COUNTY, WASHINGTON SEE SHEET 8 a I 45 I 2r 1 n, I 27 TRACT E /W� I I I N UK A1001W1IK Ma AND e1 M.lR'U[a 10'wRl[[P",TO PUCfT I IC1414 '!POWER TVM MR. SEE UNPLATTED S 0 PRET I. •�s a 07 i �, .x — _ — 1 _L TRACT G— Nt1S21.00"M — _ —_— _ 010 COUNTS DMwCt Mg. sleet - SET C.C.eR'SO/RECORD NO.s,sWm L R. - ,ems 1E pwNACE ENST. ,0'urRENT,SEE SWEET 2 NOR N0.ta m EASEM • mimeo PNONSIONS SWEET z —-- — — — _ _ _ NE 4th STREET eE2,'or'w — — sxase' — — SUMS MON 10 OE SET. SEE OMERAL 1.1 NOTE 3.SWEET L(Try). lIMO COUNTY DRNNAOE MIT. SEE C.C.k RI OE RECORD _ NO. T.SWEET Z. KM COUNT(DRNiMOE MIT. N 80'ZI'00' 511 C.C. Ks or RECORD 50.0e so.00 w NOS.IS a la,SWEET L - - - - x.0o 000.62 fs02 1\ ) / I— — _ __ —_ 1 ( l,1 QV so' s 21 I rn • 732e SO.n. I I (71 `••••-.. I • '3. i 2'3. nt 1 W I n z ,.,26n. 25 11 -4 0092 SO.n, Ewa so.rt. Ln 0 n N e721'0►'w I i JW _ C,T )Lx3 I ` + n `.I Z I be - + py- _I__ Eye W I Q I N lisp I N •��.• •w 8 ATE ICCEUS5/UpwN7a ri i S[t DewtTAL NORrf No. ,3. I _ ! NE 3rd LANE '""'"° x. 2 22 1 o T': �— - «� M ew71'01'R IR ,oVRUTS EAStLENV,SE[ • . / GSM.'PAOI1S'gN5 O f. M I / wo.it SEE OENEAI.NpfE 2. I SMET 2. s 111 to ,�y / 23 s z W / 10022 SO.n. 24 12 �` / -/- ......_/ I i 9021 so.0-1. is bi ` _C7 g a. /.... , w `_ _ J� \/ / `Cf N acse'o3•E ` / • ../ 13 / TRACT D / / , - P N 711-2 a .,•• / " i / SEE SHEET 6 • 30 o 30 . . .S . tee. . . . 11111�� A-ST, Scale 1" = 30' �°� zrs4 .� fa. J INF TART F• CURVE TART F• ` : w V d,na t, & AU OCi. Q • NUMD[R pRECPON OTSTA+KE RUDDER OFLtA ANCLE WOUS ARC LENGTH •• • L23 N 5047'477 w 35.31e CI 37'33'22• ILs.00 a,.a3 V"7•,D,I3.'.E".1'4• PROFESSIONAL LAND SURVEYORS `7i c . L34 N OO Ia'sl•I &J.40 CIO 31'2402' 130.00 e2.21 l35 N 7E01'55'w 90.31' CI, 0000'00• 23.00 39.27 `E�PTRES:S/19/� , 17625 130TN AVE. N.E. STE. 104, W00DINVILLE. WA 98072 us N 7so1'ss•0 '107.9 a0 vvoo'oo' 23.00 »17 MAIUNC ADDRESS, P.O. BOX 289, W00DINVILLE. WA 98072 uv N 272e's1'E wzvx' c21 3r33'2z' 100.00 asss 2/ SHEET 7 OF 10 PHONE: (425) 486-1252 FAX (425) 486-6108 st • 2,00,2„ 02 (2, 0 - 00 1 8 9 1 -a,,,o 5 / 5 VOL PG M O R GAN PLACE LUA-01-143-FI UV-10-0370 SE1/4, SE1/4, SEC. 10, T. 23 N., R. 5 E., W.M. NE1/4, NE1/4, SEC. 15, T. 23 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON SEE SHEET 10 40 2'' I 2' SEE SHEET 9 1 N 9171011 R I ,Teal' 30 31 41 A d 9042 SO.FT. .1 I • 32 N 94721'09•N I 114.91' 1 742R. I W = ,� 2 u • I 1 la"; • U� N 04'21'09•■ e 112.91 I Cr) 2 N 9s 7'0 Y1 1 0 - 52.20' I 43 • I _ I ....7 �. n 7911 90. , ' i 1.9 R I 29 r' 1 12999 SO.R W I 1✓I A I ..:7 = 1A N 9C 1'09•N I M •1` 111.21 g I I y rn I I N 9B 109•R CO • s 44 I I 9.92 a= TRACT E A 4272 90.R. I - 'ti -10'UTMr FA301[NT,SEE I = 4 ENt2 PS0490N9 1 I 11 91 KITr� 0 I 9.28 R. N 9' 1'D►•IV - 109..79 W 1 N°" R I i 129.92 h 29' g C `'v a 1 I 2 7 a 10144 90.R. .8 I 10922 Sp.R. 6, I I N IRK P1001UU9[FALLS ANC N.UNE OF 10' F CWT.TO PUCE" WW2 WWI PO2O1 OW, 9tt POR Q N. SR C.0•KS RE00007I C.C,•KS Q RECORD NO. I. 15 MO.I.SKr 1 01O - I !1[LT 2. • NATO COUNTS 01MAM0E E9O. - SC a RRORD S 510.91' C. C. L F$ IT IMAM �j. I0U1MT 2/anion.9iSEF COMM.NOTE *0 FSEEM P00 10NS . I. SEEET 2. SHEET 2. N910 COUNTY ORIIIIACE MT.0_ NE 4th STREET — BEE C. •K. o<RECORDS N0.1, C. It N-21'09i - 30 _ SEE SHEET 7 III I f 40 30 90 90 ■�• •Scale 1" = 301 0. it �yr11RVF T1Hl F• IMF TAAI F• ✓ 14ain, Wals4o.o. O••.•71 Ir a1-q, PROFESSIONAL LAND SURVEYORS i NUMBER DELTA ANGLE RAO91S ARC IEWIN +. •.i. •• KAISER II 01 DM DISTANCE CS 9000'00• 25.00 39.27 V N OI']9'SI•[ 2].17' CB 9000'O0' 25.00 39.27 LI N 9821'09'• 29..N' E%P1REl.S/19/0.3 17625 130TH AVE. M.E.. STE. 104, WOODINVILLE• WA 98072 u N 59'32'25•R 23.51' MAILING ADDRESS, P.O. BOX 289, WOODINVILLE, WA 98072 V L9 N 0sss'07.. S..31' � °2• Mpg NO.01102 l>, SHEET 8 OF 10 PHONE: (425) 486-1252 FAX: (425) 486-6108 • aooa. o «,J - ooIa9 • 4 t ao5 /--+e VOL,'. • MORGAN PLACE LUA11- -F LND- 0-0370 SE1/4, SE1/4, SEC. 10, T. 23 N., R. 5 E., W.M. NE1/4, NE1/4, SEC. 15, T. 23 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON UNPLATTED I I I N OW20•2"W 70.00 511.00' 80.00 ` ]0.M 1 -� �� _� I36 35 . s �"7soe 00 IT. :_ 34 33I • f11af SO.rt. 13015 S0,itItff C WATER[sMr. ill SEE MOW N2. : IS•"ITT SHN7ART No.11.111EE7 SEWER[SM7. SEE U. /QM[RK Mort No. o i - le.slm:. v Lxs 70. • a ypitt /� L41 NE 4th Cr. » , F. �t• 3.,.w•,• „ R 307.Ir • �� ^ Of fq N ern 0e'W 87.88' 14.k7 I - - -- - - - -17.37' J IO•URU1T EASEMENT.SEE . SNCETE3.EASEMENT, YH[Ef 2. C I I ( ) ." LOSE,4NE. •_ I r*1 L�5 J is ( ) -, x q = 31 -32 0g ti m m • 17655 S0.T. � Z I M 4 I w Q TRACT E s W I - SEE METAL NWTI - N0.Vt.SKIT 2_ 2 3 53e20 30.ET. 15'PUBIC SAHRART SEWER E5M7. SEE 2 J /GEHEFNL ran NO. '1.. ✓ 10.ASV 2. I •R TRACSET T G I I TE N0.21.91EET 2. 41423 S0.FT. R 7 , " SEE SHEET 8 qb1' r, 4-,. L-� ,if H» 30 0 30 00 00 •leis Elm III_ •.!r t. Scale 1" = 30' %DUNKS:5/19/03 , I INF TAP F• 110E F_TIAI F. ?PIP"... NUMBER OREC110N GIS000C( NUMBER O.R[CT011 047ANCE NUMBER 0E174 ANGLE RADIUS ARC LENGTH LI N 3220'40'W15.84' Ut N W200e•W 40.01' C51 9810'14. 24.00 140.28 9-) 6 La N V0'V111V(((W��IM��N1�..4VV LJGr ev42.211'W 37.71' L40 N BT5217"E 80.70' &,�^M� A , O LB N 5820.58'W 24.29' L41 N 8►52'17-E 111.03' u N e305'3e•E 2 ' L4 N 0.n'3/-E tan PROFESSIONAL LAND SURVEYORS 110 N /S30'Se•C 27..232a' LN N 01'3e'0e'E 85.7e' ' 4.11 N 0S40.04'C 27.11' 144 N 01'39'08'E 15.01' L28 H 88.21'07•W 4.44' 144 N 5.21.09'W 23.22' 17625 130TH AVE. N.E., STE. 104. W000INVILLE, WA 98072 27 N IESB'St'E 32.1.8 LII N orae'S [ 21.w'54.7r 147 N 01' MAILING ADDRESS. P.O. BOX 289, WOODINVILLE, WA 98072 1211 N 0841'21'1F 3e'0B'E 27.15' v 123 N BY41'21•W 45.34' L46 N 0836'S1•E 10.3' ,HOB 0 NO.01102 II\ 130 N Ir3e'20'E 11.a7• SHEET 9 10 PHONE: (425) 486-1252 FAX: (425) 486-6108 • • zook od. ocr 6 -00 I $q I ot05/1-1-- vOL/pG M 0 RGAN PLACE LUA-01-143—F WO-10-0370 SE /4, SE1/4, SEC. 10, T. 23 N., R. 5 E., W.M. NE1/4, NE1/4, SEC. 15, T. 23 N., R. 5 E., W.M. CITY OF RENTON, KING COUNTY, WASHINGTON I UNPLATTED I UNPLATTED ..— — N 14120' "N 7 311.00' 059 70.00 70.00 70.00 39 s 37 36 " 35 90M�.7T. =h. 38 _- 7910 SO.R. -- 7e0•so.R. i--� —— CAS[11fl1i 9ROM90101 SHEET 2. / — T - f TIWOMRT RAM,uRN,,,,1,Ne _ NE 4th cr cm-mAR S22 C.C.•R I21, - N �•�•„ - - - 11 sNm 2 or 10. n3.57—J-4° ,,,moo• • \ — 93.29 ti t k I , -- 45.00' 50.92' (17.57' n I w $ ) Fri t. y 40 I I ,� _ N25 SO.R. 25' s. I � 30 :- 317T m III 94e5�.7T. r- --( N 95:1 • 110.31 (.0 A 32 41 I I z x _ ,19092 50.FT. I - id I h 2 •, * k IW •,, ,,,1 V/ ti N 9•'21'09•• 0 4 II,.9, I Q I g J e to I 8d 42 I R I TRACT E I I 1 29 N 9Il29I•R I 12. I 43 I I 30 o 30 80 30 SEE SHEET 8 Scale 1" = 30' CURVE TAB(F. ` pH 9�At4Nfl 0L0q'07CIE 0005 MEOT 'O 4sy , C 9000"00. 29.00 39.27 4• ✓I/Y—M/ V W1. 00 v \ F. PROFESSIONAL LAND SURVEYORS. U c�3 NUN•lR 0•RR01. DISWIc2 • 1.1 N 3520'40•• 15d1' 53R5 17625 130TH AVE. N.E., STE. 104, WOODINVILLE. WA 98072 u q;•N•S21'09•• 29.3•' •�t F•!irS�S'q• MAILING ADDRESS, P.O. BOX 289, WOODINVILLE, WA 98072 l7 N•030'N•R 19.05' ,...1 Z /ce `CxP9ff5.S/I9/4J • 911EET 10oF 10 PHONE: (425) 486-1252 FAX (425) 486-6108 " • q • .-',-tact.: . • $ ,, : j., '.4LLf�l�f7 `r• S; L. 4r n✓N 2108 t45 . I UTILITY AND DRAINAGE EASEKENT .f^ T IS INDENTURE m*de iris llth day of June , 19 87 , Between 'B WRY J. BALKO AND ADA BALKO, Husband and Wife hereinafter called the GRANTOR, and King Founty, Washington,a political suUd[vision of the St.te of Washington, hereinafter called the GRANTEE: WITiESSETH: r The said GRANTOR, for and in consideration of mutual Benefits . and other `"'}`w"•- i . .-=valuable consideration, receipt whereof is hereby ac,nowled ed do bythese presents <:,ili.., s••••• . •� 9 grant ,,-,Zt- unto the said GRANTEE, its successors and assigns, a right of way easement for jI WD utilities and drainage facility over, through, across and under the .' .�' S. a property herein described, situated in King County, Washington, being more particularly 8 described as follows: C7 N UD The North 8 feet of the following: 87'0'23 wO526 B O RECD F ,nn N The West 1/2 of Tract 1, Black Loam Five Acre Tc 1&1 ,L according*".'°° GO to the plat thereof recorded in Volume 12 of Plats, page 101, in King County, Washington; EXCEPT the West 120 feet of the East 150 feet of the North :60 feet thereof; AND EXCEPT that portion conveyed to King County for road by Deed under Recording No. 5821507. Contains an area of 1,447 eq. ft., or 0.033 acres, M/L. - i'`. TdIS INSTRUMENT SUPERCEDES THAT CERTAIN INSTRUMENT RECORDED UNDER ' AUDITOR'S FILE NO. 8704060410. • Said GRANTEE, its successors and assigns, shall have the right at such time as may be necessary, to enter upon said property for the purpose of constructing, reconstructing, maintaining and repairing said utilities and drainage facility. i IN WITNESS WHEREOF said GRANTOR has hereunto set his hand and seal the day and year I first above written. s tn wa.z • SgTE OF WA�SHIi fill-f ) m,,, ) sc COUNTY OF 1/NG °C ) 3On tljis day personally appeared before me (jJ 2 t �,; and ' (D f(T'O to mn known o be hef vidua1s_ they ed in'"ann who executed a within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned.Given under my hand and official seal this 1! day of )/f alp . 19,92 • 1 7 Ned For aecofe At rnti Request or s' - 1 0- .O , ROT hY PUBLIC in and (or the State of ashtngto residing at . King County Real roperty Dion x.tr.iutl s a Return Address AFTER RECORDING RETURN TO CITY OF RENTON f I� CITY CLERK'S OFFICE 11 1055 South Grady Way RENTON,WA 98055 2189 20020228001892 CITY OF RENTON OPC 44 80 MICROFILMEDOZ PAGE 001 OF 036 KING COUNTY, WA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet(RCW 65 04) Document Title(s) i Declarations,Covenants,Easements and Restrictions for Morgan Place Reference Number(s)of Documents assigned or released: D Additional reference numbers are on page Grantor(s) (Last name first,then first name and initials) tv m I Morgan Court Investors,LLC 0 2 o 0 Additional names on page . of document cv Grantee(s) (Last name first.then first name and initials) 0 I CITY OF RENTON 0 Additional names on page of document Legal description(abbreviated t c lot,block,plat or section,township,range) Parcel B West %z SE ' SE '% SE '/, Sec 10 Twn 23 N Rge SE Parcel C East SE' SE'/, SE '/ Sec 10 Twn 23 N Rge 5E Parcel D Tracts I &4 Black Loam Five Acre Tracts Parcel E The West 120 feet of the West '/z of Tract 1 Black Loam Five Acre Tracts ❑ Additional legal on page C of document Assessor's Property Tax Parcel/Account Number: / 0 3OS O ) / ux_ os ' v3cj yoi ❑ Assessor Tax#not yet assigned c X 4,7/ - C. � v, ` Prop Mgmt Initials './ v L. 0 . 0 . •• • • . 90.- .O 1:1049 IA op • .E H_H_ ' $S DECLARATION OF COVENANT - In consideration of approval by King county of an on-site sewage 1 disposal system for the property described below. ! Richard and Judy Carr - • ,property owners, hereby { covenant and agree as follows: - 4 1. I/We, the grantor ' herein, is/are the owner__ in fee simple of (an interest-in) property within King County, which is I • legally described as follows (legal description): Tax account fl 094710000609 ' on which a residence-will be constructed having a designated I address of 14607 SE 128th 1 2. I/We-have requested the approval by King County of the on- site sewage disposal system for the above described property. A 3. I/We recognize that no garbage grinder will be installed i until public sewers are available. Low water use plumbing fixtures including extreme low flush toilets not to exceed 1.6 ' gallons per flush ' are to be installed and maintained. Verification is to be made by the district sanitarian or plumbing • inspector in addition to the designer. The owner agrees to limit the occupancy on the parcel to only a mobile home as proposed in the application to the board. This condition will facilitate the Cj removal and relocation of the residence should there be a future sewage system failure that cannot be reasonably corrected. This CD restriction is to remain in effect until such a time when (n property is connected to public sewers. CD 4. This Declaration of conditions, Covenants and Restrictions are binding upon our heirs, assignees and successors in interest p as the owners of the above described property and is a covenant • O: running with the land. 5. This Declaration of Conditions, Covenants, and Restrictions shall not be released without the expressed written approval of the Seattle King County Department of Public Health of its succ r. • • • ./ �.A �',,,� Art./�,f.&w .mob.:ner ?t(signat u p)ii W�tOwwnner ,(Si nature) • On this ar Day of �R�r .-C , 10- V, before me personally appeared-- iZhr.; 1 n CI' Cko ••. h F. CL•CI' to me known to be the (individuals) ( of the corporation) described herein and who executed the ; foregoing instrument .as their free and voluntary act and deed for the uses and purposes herein mentioned. Witness ny hand and seal ¢preto affixed the r3 day of _'0.1-A lA4l14, .. Notary Public i and for the tat 4‘‘..-�:;:=%;�.. cy'r of Washington, residing at In ' IA0 ARr PUBLIC 'o s '.��'-,A K.Ins , .. Sri e"'' ��:��` .• �s yr sit' WAS .- '- . ....•...•f- -.:•.--:;- a1, ._ . . _.. .. R �-7 L 0 • • • • • • • (LED for Record at Request a per, It tin_ 'tVU� • 14 1dd . s s� cr, 0 a . • . • • • • • • • .i• • IY. • �. •• `' • • .!••I��i!a._ .6"...."... . .r . l .j .,• `•w•�•:[-.•g . .yJ:rI ;.'••.:I•,,•••••••• AFTER RECORDING RETURN TO- CITY OF RENTON 1055 S Grady Way 6'"Floor Renton,Washington 98055 r.N m DECLARATIONS OF COVENANTS, CONDITIONS c) AND RESTRICTIONS FOR MORGAN PLACE W cv 0 fv 0 • DECLARANT. MORGAN COURT INVESTORS, LLC LAST UPDATED 02/11/02 TABLE OF CONTENTS Article 1 Definitions 4 Article 2 Property Subject To This Declaration 6 2 1 Property Hereby Subjected To This Declaration 6 2 2 Addition of Other Property 6 2 3 Notice of Addition of Other Property 6 Article 3 Association Membership and Voting Rights 7 3 01 Organization 7 3 1 Membership 7 3 2 Voting 7 Article 4 Assessments 8 4 1 Purpose of Assessment 8 4 2 Initial Assessments 9 4 3 Date of Commencement of Annual Assessments 9 crs 4 4 Annual Assessments 9 cot 4 5 Computation 9 4 6 Specific Assessments 10 00 4 7 Special Assessments 10 N 4 B Continuing Liability 10 c'++ 4 9 Application 11 4 10 Certificates 11 4 11 Effect of Nonpayment of Assessments Remedies of the Association 11 C? cv 4 12 Creation of the Lien 11 4 13 Budget Deficits During Declarant Control 12 Article 5 Maintenance 12 5 1 Association's Powers and Responsibility 12 5 2 Owner's Responsibility 13 5 3 Conveyance of Common Property by Declarant to Association 13 Article 6 Use Restrictions and Rules 13 6 1 General 13 6 2 Residential Use 14 6 3 Architectural Review Committee 14 6 4 Architectural Standards 14 6 5 Siding, Roofs and Windows 15 6 6 Landscaping 16 6 7 Fences 16 6 8 Lighting 16 6 9 Driveways-Parking 16 1 6 10 Vehicles 17 6 11 Signs 17 6 12 Antennas 17 6 13 Garbage Cans, Woodpiles, etc 17 6 14 Leasing 18 6 15 Occupants Bound 18 6 16 Animals and Pets 18 6 17 Nuisance 18 6 18 Unsightly or Unkempt Conditions 19 6 19 Subdivision of Lot 19 6 20 Guns 19 6 21 Mailboxes 19 6 22 Exterior Security Devices 19 6 23 Drainage-Water Valves 19 Article 7 Insurance and Casually Losses 20 ry 7 1 Insurance on Common Property 20 cri 7 2 Liability Insurance 20 7 3 Policy Provisions 20 7 4 Premiums 21 7 5 Damages and Destruction-Insurance by Association 21 cv 7 6 Damage and Destruction-Insured by Owners 22 N O Article 8 Condemnation 22 N O cp cv Article 9 Mortgagee Provisions 23 9 1 Notices of Action 23 9 2 No Priority 23 9 3 Notice to Association 23 9 4 Applicability of Article 9 23 9 5 Amendments By Board 29 Article 10 Easements 24 10 1 Easements for Use and Enjoyment 24 10 2 Easements for Utilities 25 10 3 Easement for Entry 25 10 4 Easement for Maintenance 25 10 5 Easement for Entry Features 26 10 6 Construction and Sale Period Easement 26 Article 11 Development Period 26 11 1 Development Period 26 11 2 Amendment by Declarant 27 2 Article 12 General Provisions 27 12 1 Enforcement 27 12 2 Duration 27 12 3 Amendment 28 12 4 Partition 28 12 5 Gender and Grammar 28 12 6 Sever ability 28 12 7 Captions 28 12 8 Perpetuities 29 12 9 Indemnification 29 12 10 Books and Records 29 12 11 Financial Review 30 12 12 Notice of Sale, Lease or Acquisition 30 12 13 Agreements 30 12 14 Implied Rights 30 12 15 Variances 30 r" 12 16 Litigation 30 rr co O tv Exhibit Name CV A Description of Common Property 0 N B Map oaf Common Property C Real Property Submitted -Community DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR MORGAN PLACE THIS DECLARATION is made on the date hereinafter set forth by MORGAN COURT INVESTORS, LLC , a Washington Limited Liability Company(hereinafter sometimes called"Declarant") WITNESSETH WHEREAS, Declarant is the owner of the real property described in Article 2, Section 2 1 of this Declaration,and WHEREAS, Declarant desires to subject the real property described in Article 2, Section 2 1 hereof to the provisions of this Declaration to create a residential community of single-family housing to the provisions of this Declaration, NOW, THEREFORE, Declarant hereby declares that the real property descnbed in Article 2, Section 2 1 of this Declaration, including the improvements constructed or to be constructed thereon, is t„ hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, m used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, • restrictions, easements, assessments, and liens, hereinafter set forth, which are for the purpose of o protecting the value and desirability of, and which shall run with the title to, the real property hereby or • hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all c- or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal o representatives, successors, successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof cv eQv Article 1 • Definitions ' The following words, when used in this Declaration or in any Supplementary Declaration shall have the following meanings (a) "Association" shall mean Morgan Place Homeowners Association, a Washington nonprofit corporation, its successors and assigns (b) "Board of Directors" or "Board" of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Washington law (c) "Bylaws"shall refer to the Bylaws of Morgan Place Homeowners Association (d) "Common Property" shall mean the real and personal property and easements and other interests therein, together with the facilities and improvements located thereon, now or hereafter owned by the Association for the common use and enjoyment of the Owners The Common Property is described on Exhibit A and delineated on Exhibit B (e) "Community" shall mean and refer to that certain real property and interests therein described in Exhibit C, attached hereto (f) "Community-Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Community Such standard may be more 4 specifically determined by the Board of Directors of the Association Such determination, however, must be consistent with the Community- Wide Standard originally established by the Declarant (g) "Declarant"shall mean and refer to Morgan Court Investors, LLC, and its successors- in-title, provided any such successor-in-title acquires all or any portion of the real property described in Exhibit C attached hereto, and provided further, in conjunction with the conveyance to any such successor-in-title, such successor-in-title is designated as the "Declarant" by the Declarant hereunder in a separate instrument to be recorded at the time of such conveyance, and provided further, upon such designation of such successor Declarant all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease, it being understood that as to all of the property described in Exhibit C, attached hereto which is now or hereafter subjected to this Declaration,there shall be only one(1)"Declarant"at anyone point in time (h) "Development Period"shall mean the definition as set forth in Article 11, Section 11 1 K. (i) "Lot" shall mean any plot of land within the Community, whether or not improvements co are constructed thereon, which constitutes or will constitute, after the construction of improvements, a single-family dwelling site as shown on a plat recorded in the land records of King County where the Community is located The ownership of each Lot c-4 shall include, and there shall pass with each Lot as an appurtenance thereto, whether c-+ or not separately described, all of the right and interest of an Owner in the Common Property, which shall include,without limitation, membership in the Association c-• (1) "Mortgagee"shall mean fhe holder of a Mortgage (k) "Occupant"shall mean any Person occupying all or any portion of a Residence located within a Lot, regardless of whether such Person is a tenant or the Owner of a Lot (i) "Plat Map" shall mean and refer to the plat maps recorded in conjunction with this Declaration, recorded on t - .9, ," , 2002, Auditor's File Number - a po a -/77,-' records of King County,Washington (m) "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the performance or satisfaction of any obligation (n) "Person"means any natural person, as well as a corporation,joint venture, partnership (general or limited),association, limited liability company, trust, or other legal entity 5 (o) "Residence" shall mean and refer to any structure located on a Lot, which structure is designed and permitted for use and occupancy by a single-family (p) "Supplemental Declaration" means an amendment or supplement to this Declaration which subject's additional property to this Declaration or imposes, expressly or by reference, additional restnctions and obligations on the Community described therein, or both (q) 'Total Association Vote" means all of the votes attributable to members of the Association (including votes of Declarant), and the consent of Declarant so long as Declarant owns any Lots in the Community Article 2 Property Subject to this Declaration 2 1 Property Hereby Subjected to this Declaration The real property which is, by the recording of this Declaration, subject to the covenants and CV% restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to this Declaration is the Community described in Exhibit C, attached hereto and by reference made a part 0o hereof 2 2 Addition of Other Property Declarant may at any time during the pendency of this Declaration add all or a portion of any real o property now or hereinafter owned by Declarant adjacent to the Community, and upon recording of a notice of addition of real property containing at least the provisions set forth in Section 2 3 below, the provisions of this Declaration shall apply to the added real property in the 'same manner as if it were originally covered by this Declaration Thereafter, to the extent that this Declaration is made applicable .thereto,the rights, powers, and responsibilities of Declarant and the Owners of Lots within the added real property shall be the same as in the case of the Community The Association shall not have the power to add all or a portion of any real property adjacent to the Community 2 3 Notice of Addition of Other Property The notice of additional real property by Declarant referred to in Section 2 2 above shall contain at least the following provisions a) A reference to this Declaration stating the date of recording and the recording number under which it is recorded, b) A statement that the provisions of this Declaration shall apply to such added real property, and c) A legal description of such added real property 6 Article 3 Association Membership and Voting Rights 3 01 Organization The Declarant shall organize an Association of all the Owners of Lots Such Association, its successors and assigns,shall be organized under the name Morgan Place Homeowners Association or a name similar thereto and shall have property, powers and obligations as set forth in these covenants for the benefits of the Properties The Declarant shall organize the Association as a non-profit corporation under the general nonprofit corporations laws of the State of Washington The Articles of Incorporation of the Association shall provide for its perpetual existence, but in the event the Association is any time dissolved,whether inadvertently or deliberately, it shall automatically be succeeded by an unincorporated Association of the same name In that event, all of the property, powers and obligations of the incorporated Association existing immediately prior to its dissolution shall thereupon automatically vest in the successor unincorporated association, and such vesting shall thereafter be confirmed and evidenced by appropriate conveyances and assignments by the incorporated Association To the greatest extent possible, and successor unincorporated Association shall be governed by the Articles of Incorporation Iry and the Bylaws of the Association, as if they had been made to constitute the governing documents of the crs unincorporated Association The Articles of Incorporation and the Bylaws of the Association shall be deemed covenants running with ownership of the Lots and shall be binding upon Owners as if verbatim recited herein 31 Membership 3 1 1 Qualification Each Owner of a Lot in the Community (including the Declarant) shall automatically be a member of the Association and shall be entitled to one (1) membership for each c=' Lot so owned Each Owner shall be subject to the Association's Articles of Incorporation, Bylaws and any •o and all rules and regulations as may from time to time be adopted by the Board of Directors of the Association(the"Board of Directors") Ownership of a Lot shall be the sole qualification for membership in • the Association 3 1 2 Transfer of Membership The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership and shall not be assigned, pledged, transferred, conveyed or alienated in any way except upon the transfer of title to the Lot and then only to the transferee of title to the Lot Any attempt to make a prohibited transfer of membership in the Association 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, provided,however, that the granting of a security interest in a Lot or portion thereof shall not be deemed a transfer of title and shall not operate to transfer the membership in the Association 3 2 Voting 3 2 1 Classes of Voting Membership During the Development Period, the Association shall have two (2)classes of voting membership 7 (a) Class A The Class A members shall be all of the Owners except the Declarant, and the Class A members shall be entitled to one (1)vote for each Lot owned (b) Class B The Class B member shall be the Declarant, who shall be entitled to three (3)votes for each Lot owned The Class B membership shall cease, and be converted to Class A membership, upon the happening of the first of the following events (A)when the total votes outstanding in the Class A membership equal the total voles outstanding in the Class B membership, or (B)five (5) years after the date of recording of the Declaration In determining whether any given proposition shall have been approved by the membership during the Development Penod, the total number of Class A and Class B votes shall be combined to arrive at the total voting power of all of the Owners (including the Declarant), and the appropriate percentage shall be applied against that combined number 3 2 2 Number of Votes after the Development Period Following the Development Period,the total voting power of all Owners(including the Declarant)shall equal the number of Lots at any given time, and the total number of votes available to an Owner of a particular Lot shall be ▪ one(1)vote O 3 2 3 Lots Owned by Multiple Persons If only one of the multiple Persons owning a particular Lot is present at a meeting of the Association, such Person is entitled to cast the vote allocated to said Lot If, however, more than one of the multiple Persons owning a particular Lot are N present at a meeting, the vote allocated to said Lot may be cast only in accordance with the agreement of o the majority of the multiple Persons owning said Lot, which agreement will be presumed if anyone of the cv multiple Persons casts the vote allocated to the Lot without protest being made promptly to the President 0 of the Association (or other officer presiding over the meeting)by the other Persons owning the Lot In the event such protest is made, the vote cast shall be disregarded, and the multiple Persons owning the Lot shall lose their right to vote on the matter in question 3 2 4 8uspenston of Voting Right In the event that any Owner shall be delinquent in the payment of any assessment or otherwise in default of the performance of any of the terms of the Declaration for a period of thirty (30) days or more, the Owner's right to vote shall be suspended and shall remain so suspended until the default is remedied Article 4 Assessments 4 1 Purpose of Assessment The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of Lots, including maintaining and protecting the Common Property and personal property owned by the Association including, without limitation, the streets, private storm water facilities, utility and other easements, private access roadways, payment of real property ad valorem taxes and payment of any assessment for 8 Community street lights and other utilities, establishment and funding of a Reserve Account and all as may be more specifically authorized from lime to time by the Board of Directors 4 2 Initial Assessments Upon conveyance of a Lot to any Person who has purchased the Lot for any purpose, the Association, or Declarant, for the benefit of the Association, shall collect an initial assessment equal to ONE HUNDRED FIFTY AND NO/100 Dollars ($150 00)per lot 4 2 1 Special Reserve Account Declarant will provide an Assignment of Funds to the City of Renton in Associations name, to be held as bond for a wetland monitoring If the Association does not provide wetland monitoring as required by Section 5 1 5, the City of Renton will use the funds to perform the required monitoring 4 3 Date of Commencement of Annual Assessments The annual assessments provided for below shall commence as to a Lot on the first day of the month following the conveyance of such Lot to a Person who has not purchased such Lot for the purpose of construction of a residence and resale of such Lot and residence Assessments shall be due and payable in a manner and on a schedule as the Board of Directors may provide Lots, which have not been so o conveyed, shall not be subject to the annual assessment The first annual assessment shall be adjusted according to the number of months then remaining in that fiscal year N 4 4 Annual Assessments Annual assessments shall be levied equally on all Lots and shall be paid in such manner and on cv such dales as may be fixed by the Board of Directors,which may include, without limitation, acceleration, 0 upon thirty(30)days'written notice 4 5 Computation 4 5 1 Balance Sheet The Board of Directors shall prepare, or cause to be prepared, for any calendar year in which the Association levies or collects assessments, and shall distribute to all Owners at the annual meeting a balance sheet and operating statement (income and expense) of the Association, which shall contain a schedule of assessments received and receivable, identified by Lot number and the name of the Owner so assessed The Board of Directors shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing all expenditures Such records shall be available to all Owners upon written notice at a convenient place during regularly scheduled business hours 4 5 2 Succeeding Calendar Year It shall be the duty of the Board of Directors to prepare a budget covering the estimated costs of operating the Association during the coming year, which shall include a capital contribution or reserve in accordance with a capital budget for the Community separately prepared The Board of Directors shall cause the budget and the annual assessments to be levied against each Lot for the following year to be delivered to each member at least thirty(30)days prior to the end of the current calendar year The budget and the annual assessment shall become effective unless disapproved at the Annual Meeting by a Majority of the Total Association Vote 9 Notwithstanding the foregoing, however, in the event the membership disapproves the proposed budget or the Board of Directors fails for any reason so to detemline the budget for the succeeding year, then and until such time as a budget shall have been detemlined, as provided herein, the budget and annual assessments in effect for the then current year shall continue for the succeeding year 4 6 Specific Assessments The Board of Directors shall have the power to specifically assess pursuant to this Section as, in its discretion, it shall deem appropriate Failure of the Board of Directors to exercise its authority under this Section shall not be grounds for any action against the Association or the Board of Directors and shall not constitute a waiver of the Board of Director's right to exercise its authority under this Section in the future with respect to any expenses, including an expense for which the Board of Directors has not previously exercised its authority under this Section Fines levied pursuant to this Declaration and the costs of maintenance performed by the Association, which the Owner is responsible for under this Declaration, shall be specific assessments The Board of Directors may also specifically assess Owners for the following Association expenses (except for expenses incurred for maintenance and repair of items which are the maintenance responsibility of the Association as provided herein) ry to (a) Expenses of the Association which benefit less than all of the Lots may be specifically o assessed equitably among all of the Lots which are benefited according to the benefit a, received, and, (b) Expenses of the Association which benefit all Lots, but which do not provide an equal C".+ benefit to all Lots, may be assessed equitably among all Lots according to the benefit 0 received cv 0 `=, 4 7 Special Assessments In addition to the other assessments authorized herein, the Association may levy special assessments from time to time if approved at a meeting by two-thirds (2/3)of the Total Association Vote Special assessments shall be paid as determined by the Board of Directors, and the Board of Directors may permit special assessments to be paid in installments extending beyond.the fiscal year in which the special assessment is imposed 4 8 Continuing Liability No Owner may waive or otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration, but not limitation, abandonment of the Lot No diminution or abatement of any assessment shall be claimed or allowed by reason of any alleged failure of the Association to take some action or perform some function required to be taken or performed by the Association under this Declaration or the Bylaws, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Association, or from any action taken by the Association to comply with any law, ordinance,or with any order or directive of any municipal or other governmental authonty, the obligation to pay assessments being a separate and independent covenant on the part of each Owner 10 4 9 Application All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent assessments 410 Certificates The Association shall, within five (5) days after receiving a written request therefore and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid A properly executed certificate of the Association as to the status of assessments on a Lot shall be binding upon the Association as of the date of issuance 4 11 Effect of Nonpayment of Assessments Remedies of the Association Any assessments or installments thereof, which are not paid when due, shall be delinquent All assessments shall be the personal obligation of the Person who was the Owner of such Lot at the time the assessment(s) fell due Each Owner shall be personally liable for the portion of each assessment '- coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable m for such portion thereof as may be due and payable at the time of conveyance Any assessment or installment thereof delinquent for a period of more than thirty (30) days shall incur a late charge and o interest in an amount as the Board of Directors may from time to time determine The Association shall "C) cause a notice of delinquency to be given to any Owner who has not paid within thirty(30)days following n the due date If the assessment is not paid within fifteen (15)days after such delinquency notice, a lien, as Cs, herein provided, shall attach to such Owner's Lot In the event that the assessment remains unpaid thirty (30) days after the delinquency notice, the Association may, as the Board of Directors shall determine, Voi o institute suit to collect such amounts and/or to foreclose its lien 4 12 Creation of the Lien Each Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association (a) the initial assessment, (b) annual assessments, (c) special assessments, and (d) specific assessments against any particular Lot which are established pursuant to the terms of this Declaration, including, but not limited, to, reasonable fines as may be imposed in accordance with the terms of this Declaration All such assessments,together with late charges and interest, costs, including, without limitation, reasonable attomey's fees actually incurred, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each assessment is made Such lien shall be superior to all other liens and encumbrances on such Lot, except for (a) liens for ad valorem taxes, or (b)liens for all sums unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the land records of King County and all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrument All other Persons acquiring liens or encumbrances on any Lot after this Declaration shall have been recorded in such records shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prior consent is specifically set forth in the instruments creating such liens or encumbrances The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners The Association, acting on behalf of the 11 Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage,or convey the same 4 13 Budget Deficits Dunnq Declarant Control 4 13 1 For so long as the Declarant has the authority to appoint the directors and officers of the Association, Declarant may (►) advance funds to the Association sufficient to satisfy the deficit, if any, between the actual operating expenses of the Association and the sum of the annual, special and specific assessments collected by the Association in any fiscal year, and such advances shall be evidenced by promissory notes from the Association in favor of the Declarant, and (►►) may advance funds to establish the association's initial capital reserves and any other Special Reserve Account, and such advances shall be evidenced by promissory notes from the Association in favor of the Declarant, and/or(iii)cause the Association to borrow such amount from a commercial lending institution at the then prevailing rates for such loan in the local area of the Community The Declarant in its sole discretion may guarantee repayment of such loan, if required by the lending institution, but no Mortgage secured by the Common Property or any of the improvements maintained by the Association shall be given in connection with such loan Article 5 CO Maintenance 5 1 Association's Powers and Responsibility 5 1 1 Common Property The Association shall maintain and keep in good repair the N Common Property This maintenance shall include, without limitation, maintenance, repair, and o replacement of all streets, easements,systems, improvements and landscaping situated on the Common • Property The Association shall also maintain (a) all entry features for the Community including fencing, • entry gates and entry signs and pay the expenses for water and electricity, if any, provided to all such • entry features, (b) streetscapes located at other street intersections within the Community, (c) landscaping originally installed by the Declarant in the Common Property, (d) all Private Roadways, (e) Private Storm Water Facilities, (f) Utility and all other easements, and (g) all property outside of Lots located within the Community which was originally maintained by Declarant The foregoing maintenance shall be performed consistent with the Community-Wide Standard The Association shall not have the power or authority to grant or convey the right to utilize the Common Property to adjacent property owners In connection with the maintenance and operation of the Common Property, the Association shall comply with all applicable ordinances of King County and the City of Renton,Washington in effect as of the date of recording of the Declaration and those adopted thereafter, and all amendments thereof, including without limitation, ordinances relating to biofiltration, swale, and the storm system, manholes and cleanouts 51 2 Other Property In addition, the Association shall have the right, but not the obligation, to maintain other property not owned by the Association, whether within or without the Community, where the Board of Directors has determined that such maintenance would benefit all Owners 12 51 3 Limitation In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner, and is not covered or paid for by insurance, in whole or in part, then the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be a specific assessment to which such Owner is subject and shall become a hen against the Lot of such Owner 51 4 City of Renton's Right to Maintain If the Association fails to maintain the Common Property in a manner as required by City of Renton, then the City of Renton may have the right, after notice and an opportunity to cure, to assess each Owner of the Association the monies necessary to maintain the Common Property subject to City of Renton's law, ordinances and regulations 515 Wetland Monitoring Wetland monitoring, in accordance with the Wetland Mitigation Plan for Morgan Place dated June 25, 2001 prepared by Chad Armour, will be required for 5 years beginning in 2002 The Association shall employ a wetland-monitoring firm to complete the yearly rr, monitoring and provide the City of Renton with its reported findings If any replacement plants are aO required it will be the Associations responsibility 5 2 Owner's Responsibility Except as provided in Section 1 above, all maintenance of the Lot and all structures, parking c..1 areas, landscaping, and other improvements thereon shall be sole responsibility of the Owner thereof, who shall maintain such Lot in a manner consistent with the Community- Wide Standard and this o Declaration In the event that the Board of Directors of the Association determines that any Owner has CDCNJ failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of terms for which such Owner is responsible hereunder, the Association shall, except in an emergency situation,give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary The Owner shall have thirty(30)days after receipt of such notice within which to complete such maintenance, repair, or replacement, or, in the' event that such maintenance, repair, or replacement is not capable of completion within a thirty (30) day period, to commence such work which shall be completed within a reasonable time If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall be a specific assessment to which such Owner is subject and shall become a lien against the Lot 5 3 Conveyance of Common Property by Declarant to Association The Declarant may transfer or convey to the Association at no cost any personal property and any improved or unimproved real property, leasehold, easement, or other property interest specifically related to the Association and its intended purpose Such conveyance shall be accepted by the . Association, and such property shall thereafter be Common Property to be maintained by the Association for the benefit of all or a part of its Members 13 Article 6 Use Restrictions and Rules 61 General This Article, beginning at Section 2, sets out certain use restrictions,which must be complied with by all Owners and Occupants These use restrictions may only be amended in the manner provided in Article 12 Section 12 3, hereof regarding amendment of this Declaration In addition, the Board of Directors may, from time to time, without consent of the Members, promulgate, modify, or delete other use restnctions and rules and regulations applicable to the Community Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special meeting by a Majonty of the Total Association Vote (V rn w 6 2 Residential Use All Lots shall be used for the purpose of a single-family Residence exclusively No business or w business activity shall be carried on, in or upon any Lot at any time except with the prior written approval • of the Board of Directors Leasing of a Lot shall not be considered a business or business activity However, the Board of Directors may permit a lot to be used for business purposes so long as such business, in the sole discretion of the Board of Directors, does not otherwise violate the provisions of the • Declaration or Bylaws, does not create a disturbance and does not unduly increase traffic flow or parking congestion The Board of Directors may issue rules regarding permitted business activities No structures or buildings of any kind shall be erected, altered, placed or permitted to remain on any Lot other than detached Residence with an attached garage for not less than two (2) and not more than four (4) standard sized automobiles No outbuilding, trailer, shed or temporary building of any kind shalt be placed on a Lot or used as a Residence, except for Declarant's construction trailers and such other construction trailers as approved by Declarant during the Development Period, except as specified elsewhere herein 6 3 Architectural Review Committee The Architectural Review Committee shall be comprised of three (3)representatives appointed by the Board of Directors, provided, however, during the Development Period the Declarant shall be the Architectural Control Committee 6 4 Architectural Standards 6 4 1 No construction, alteration, addition, or improvement of any nature whatsoever (including without limitation, any structure requiring a permit from City of Renton or other structures constructed on a Lot such as walls, rockeries, fences, living fences, hedges, spas, swimming pools,sport courts, dog runs and kennels) shall be commenced or placed upon any part of the Community or a Lot, except such as is installed by the Declarant, or as is approved in accordance with this Section, or as it otherwise expressly permitted herein 14 t ' 6 4 2 No Residence shall have a fully enclosed living area, excluding an attached garage,of less than 1,900 square feet in the case of a one story Residence, and 2,100 square feet in the case of a two story Residence No Residence shall exceed two stories (excluding a daylight or subterranean basement) or be more than thirty (30) feet in height from the original grade of the Lot and must be in compliance with the City of Renton residential height limitation Any auxiliary building or improvement must be designed and constructed to be compatible in appearance to the Residence A Residence shall have received a certificate of occupancy from City of Renton within nine (9) months from the date construction is commenced 6 4 3 No exterior construction, addition, improvement, or alteration to a Residence shall be made (including without limitation, re-roofing, residing or repainting) unless and until plans and specifications showing at least the nature, kind, shape, height, matenats, and location shall have been submitted in writing to and approved by the Architectural Review Committee 6 4 4 The Architectural Review Committee, with the consent of the Board of Directors, t.. may employ architects, engineers, or other Persons, as it deems necessary to enable the Architectural Review Committee to perform its review Written design guidelines and procedures may be promulgated for the exercise of this review, 'which guidelines may provide for a reasonable review fee, not to exceed Three Hundred Dollars ($300) There will be no architectural review fee for the initial builders Cr) 6 4 5 If the Architectural Review Committee fails to approve or to disapprove submitted o plans and specifications within sixty(60)days after an Owner has submitted plans and specifications to it, cv approval will not be required, and this Section will be deemed to have been fully complied with 0 N 6 4 6 The Architectural Review Committee shall be the sole arbiter of such plans and may, within such sixty (60) day period give written notice of its disapproval for any reason, including purely aesthetic considerations, provided, however, the specific reasons for disapproval shall be fully stated in such notice Upon notice of disapproval, an Owner shall have the right to submit revised plans and specifications for further consideration in the manner set forth above 6 4 7 Any member of the Architectural Review Committee or its representatives shall have the right, during reasonable hours and after reasonable notice, to enter upon any Lot to inspect for the purpose of ascertaining whether or not this Declaration has been or is being complied with Such Person or Persons shall not be deemed guilty of trespass by reason of such entry 6 4 8 The Architectural Review Committee shall be entitled to bring an injunction to stop any construction in violation of these restrictions In addition to any other remedies available to the Association, in the event of noncompliance with this Section, the Board of Directors may, as provided in Article 12, Section 1 hereof, record in the appropriate land records a notice of violation naming the violating Owner PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY APPROVING SUCH PLANS AND SPECIFICATIONS 15 NEITHER THE ARCHITECTURAL REVIEW COMMITTEE, THE MEMBERS THEREOF, NOR THE ASSOCIATION ASSUMES, LIABILITY OR RESPONSIBILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS 6 5 Siding Roofs and Windows Only hardboard siding, Hardie Board (or other cement board siding), cedar lap siding, stucco, stone, cultured stone, brick or equivalent type of siding as may be approved by the Architectural Review Committee shall be used in the construction of any Residence No plywood siding shall be used in the construction of any Residence, provided, however, plywood siding used in conjunction with batts and simulating board and batt siding or architectural details may be permitted with the approval of the Architectural Review Committee All roofs shall be constructed out of twenty-five (25) year architectural composite roofing materials (i e, Celotex Presidential 25-year Weathered Roof Comp Roof) or, cedar, shake or tile or such similar materials as may be approved by the Architectural Review Committee Roof gutter drains shall be connected to the storm drainage system, unless otherwise allowed by Declarant or �� Cry delineated on plans approved by the Architectural Review Committee Residences constructed on corner cci Lots and which back on NE 4th Street must have exterior trim on front and side yard windows vo 6 6 Landscaping L, Each Lot shall be landscaped in accordance with the specifications now or hereinafter adopted by c-+ the Declarant during the Development Period, or the Architectural Review Committee after the 0 Development Period All front yard, including front side yard landscaping must be completed concurrently with the date of substantial completion of the Residence and issuance of a Certificate of Occupancy, as N determined by City of Renton All rear and side rear yards must be fully landscaped within eight (8) months from the date of a conveyance of a Lot with a completed Residence Owners are restricted from using chemical fertilizers that have ingredients that cause or potentially cause damage to downstream habitat and fisheries wildlife • 6 7 Fences All fences shall be estate style cedar fence with a 2 x 4 bottom rail,2 x 4 top rail,4 x 4 posts and I x 6 tight knot cedar fencing or such other wood fence as approved by the Architectural Review Committee The Architectural Review Committee may issue guidelines detailing acceptable fence styles and/or specifications 6 8 Lighting Except as may be permitted by the Architectural Review Committee, exterior lighting visible from the street, shall not be permitted except for(a) approved lighting as originally installed on a Lot, (b)street lights in conformity with an established street lighting program for the Community, (c)seasonal decorative lights,or(e)front house illumination of model homes 6 9 Driveways-Parking Driveways shall be constructed of exposed aggregate concrete Vehicles, including, without limitation, recreational vehicles, shall be parked only in enclosed garages, provided however, automobiles, sport utility vehicles, and trucks not exceeding one (I) ton G V W which do not have any 16 painted identification of a business or advertising thereon may park (a) for a period of not more than twenty-four(24)hours in the driveway or in appropriate parking spaces or designated areas, and (b) for a period of not more than twelve (12) hours in the street right of way The foregoing provision shall not apply to police or emergency vehicles All parking shall be further subject to such rules and regulations as the Board of Directors may adopt 610 Vehicles No vehicle, including,without limitation a recreational vehicle, may be left upon any portion of the Community, except in an enclosed garage or other area designated by the Board of Directors If it is unlicensed or if it is in a condition such that it is incapable of being operated upon the public highways, such vehicle shall be considered a nuisance and may be removed from the Community No motorized vehicles shall be permitted on streets, pathways or unpaved Common Property except for public safety vehicles and vehicles authorized by the Board of Directors 6 11 Signs No sign of any kind shall be erected by an Owner or Occupant within the Community without the (-4 pnor written consent of the Architectural Review Committee Notwithstanding the foregoing, the Declarant co shall have the right to erect reasonable and appropriate signs One (I) For Sale" or °'For Rent" sign located on a suitable post in the yard, not to exceed 2' x 2' in size with "sold" strips not to exceed six inches (6") by two feet (2'), security signs consistent with the Community-Wide Standard, and any signs required or allowed by federal or state law, statute or ordinance or as required pursuant to a legal proceedings, may be erected on a suitable post on any Lot No signs may be posted in the exterior c• a o windows of any residence The provisions of this Section shall not apply to any Owner who has purchased f./ a Lot for the purpose of constructing a Residence for immediate re-sale or a person holding a Mortgage o who becomes the Owner of any Lot as purchaser at a judicial or foreclosure sale conducted with respect to a first Mortgage or as transferee pursuant to any proceeding in lieu thereof • 612 Antennas No exterior antennas of any kind shall be placed, allowed, or maintained upon any portion of the Community,including any Lot,without the pnor written consent of the Architectural Review Committee 6 13 Garbage Cans Woodpiles etc, All garbage cans, woodpiles, swimming pool pumps, filters and related equipment, air conditioning compressors and other similar items shall be located or screened so as to be concealed from view of neighboring streets and Lots All rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate Rubbish, garbage, yard waste and recycle containers may only be placed at the curbside on the day of removal, containers must be removed by an Owner from the curb side by 7 00 p m on the day of the removal Declarant, however, hereby expressly reserves the right to dump and bury rocks and trees on property within the Community as needed for efficient construction and to allow developers and builders within the Community to bury rocks and trees removed from a Lot on such Lot 17 614 Leasing Lots may be leased for residential purposes All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, Bylaws, use restrictions, and rules and regulations of the Association The lease shall also obligate the tenant to comply with the foregoing and shall provide that in the event of noncompliance, the Board of Directors, in addition to any other remedies available to it, may evict the tenant on behalf of the Owner and specifically assess all costs associated therewith against the Owner and the Owner's properly All signs advertising that a residence is "For Lease"and/or"For Rent"shall comply with Section 6 11 6 15 Occupants Bound All provisions of the Declaration, Bylaws, and of any rules and regulations, use restrictions or design guidelines promulgated pursuant thereto which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants even though Occupants are not specifically mentioned Fines may be levied against Owners or Occupants If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner 6 16 Animals and Pets r• + No animals, livestock, or poultry of any kind may be raised, bred, kept, or permitted on any Lot, • with the exception of dogs, cats, or other usual and common household pets in reasonable number, as cn determined by the Board of Directors No pets shall be kept, bred or maintained for any commercial purpose No animal allowed under this Declaration shall be allowed to roam loose off the Lot on which cv they are kept 6 17 Nuisance o It shall be the responsibility of each Owner and Occupant to prevent the development of any ccv unclean, unhealthy, unsightly, or unkempt condition on his or her property No properly within the Community shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye, nor shall any . substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property, including, without limitation unreasonable barking of dogs and/or other pet noises No noxious or offensive activity shalt be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property with the Community There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Community Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law 6 18 Unsightly or Unkempt Conditions The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which 18 might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken in any part of the Community 6 19 Subdivision of Lot No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the Architectural Review Committee Declarant, however, hereby expressly reserves the nght to replat or to adjust the boundanes of any Lot or Lots owned by Declarant Any subdivision, boundary line change, or replotting shall not be in violation of the applicable subdivision and zoning regulations 6 20 Guns The use of firearms in the Community is prohibited The term "firearms" includes without limitation weapons using powder 6 21 Mailboxes All mailboxes located on Lots shall be of a similar style approved by the Architectural Review Committee Replacement mailboxes may be installed after the type has been approved in writing by the r� rn Architectural Review Committee w 6 22 Exterior Security Devices No exterior security devices, including, without limitation, window bars, shall be permitted on any residence or Lot Signs placed on the Lot or the exterior of the residence stating that such residence is r-.+ protected by a security system shall not be deemed to constitute an exterior security device 0 0 6 23 Drainage-Water Valves Wherever possible Owners shall tie in all surface drainage into the storm system to avoid water sheeting across sidewalks • Article 7 Insurance and Casualty Losses 7 1 Insurance on Common Property The Board of Directors or the duly authorized agent of the Association shall have the authority to obtain or cause to be obtained insurance for all insurable improvements whether or not located on the Common Property which the Association is obligated to maintain This insurance shall provide, at a minimum, fire and extended coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard Alternatively, the Board of Directors may purchase "all-risk" coverage in like amounts The Homeowners Association shall maintain the detention and water quality system and emergency access road(s)within Tracts B and G until such time that those improvements are deeded or sold to a government agency which will assume maintenance and responsibility of such improvements The Associations responsibility is subsequent to the developer's maintenance responsibility per City of Renton requirements 19 7 2 Liability Insurance The Board of Directors shall have the authority to obtain a public liability policy applicable to the Common Property covering the Association and its members for all damage or injury caused by the negligence of the Association or any of its members or agents, and, if reasonably available, directors'and officers'liability insurance 7 3 Policy Provisions The Board of Directors is hereby authorized, but no required to contract with or otherwise arrange to obtain the insurance coverage required hereunder through the Declarant and to reimburse Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to purchase such insurance coverage for the benefit of the Association and the Owners upon Declarant and the Association agreeing upon the terms and conditions applicable to reimbursement by the Association for costs incurred by Declarant in obtaining such coverage All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association, as trustee for the respective benefited parties, as further identified in subparagraph (b), below Such insurance shall be governed by the provisions hereinafter set forth rn m (a) All policies shall be written with a company authorized to do business in Washington (b) Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors, provided, however, no Mortgagee having ,CNI an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto 0 (c) In no event shall the insurance coverage obtained and maintained by the Association's •cm Board of Directors hereunder be brought into contribution with insurance purchased by •N individual Owners, occupants, or their Mortgagees, and the insurance carried by the Association shall be primary (d) The Association's Board of Directors should consider securing insurance policies that will provide for the following (i) a waiver of subrogation by the insurer as to any claims against the Association's Board of Directors, its manager, the Owners and their respective tenants, servants, agents,and guests, (ii) a waiver by the insurer of its rights to repair and reconstruct instead of paying cash, (iii) that no policy may be canceled, invalidated, or suspended on account of anyone or more individual Owners, (iv) that no policy may be canceled, subjected to nonrenewal, invalidated, or suspended on account of any defect or the conduct of any director, officer, or employee of the Association or its duly authorized manager without prior demand in writing delivered to the Association to cure the defect or to cease the conduct and the allowance of a reasonable time thereafter within which a cure may be effected by the Association, its manager, any Owner or Mortgagee, 20 (v) that any "other insurance" clause in any policy exclude individual Owners' policies from consideration, and (vi) that no policy may be canceled, subjected to nonrenewal or substantially modified without at least thirty(30)days'prior written notice to the Association In addition to the other insurance required by this Section, the Board may consider a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds, rf reasonably available If obtained, the amount of fidelity coverage shall be determined by the directors'best business judgment 7 4 Premiums Premiums for all insurance shall be expenses of the Association The policies may contain a reasonable deductible 7 5 Damages and Destruction- Insurance by Association 7 5 1 In General Immediately after damage or destruction by fire or casualty to all or s" any portion of any improvement covered by insurance wntten in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of C. the damaged or destroyed property Repair or reconstruction, as used in this Section, means repainng or restoring the Common Properly to substantially the same condition and location that existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes The Board of Directors shall have the enforcement powers specified in Article 12. Section ry 12 1 of this declaration necessary to enforce this provision 0 • 0 7 5 2 Repair and Reconstruction Any damage or destruction to the Common Property covered by insurance wntten in the name of the Association shall be repaired or reconstructed unless, within sixty(60)days after the casualty, at least seventy-five percent (75%) of the Total Association Vote otherwise agree If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both,are not made available to the Association within such period, then the period shall be extended until such information shall be made available, provided, however, such extension shall not exceed sixty (60) days No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed 7 5 3 Insufficient Proceeds If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors may, without the necessity of a vote of the Association' s members, levy a special assessment against all Owners in proportion to the number of Lots owned by such Owners Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association 21 7 5 4 Decision Not to Repair In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then and in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Community by the Association in a neat and attractive condition 7 6 Damage and Destruction-Insured by Owners The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner thereof within seventy-five(75)days after such damage or destruction or, where repairs cannot be completed within seventy-five (75) days, they shall be commenced within such periods and shall be completed within a reasonable time thereafter Alternatively, the Owner may elect to demolish all improvements on the Lot and remove all debris therefrom within seventy-five (75) days after such damage or destruction In the event of noncompliance with this provision, the Board of Directors shall have all enforcement powers specified in Article 12 of this Declaration f Article 8 n+ Condemnation In the event of a taking by eminent domain of any portion of the Common Property on which improvements have been constructed, then, unless within sixty (60) days after such taking, at least seventy-five (75%) percent of the Total Association Vote shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Property to the extent lands are available therefore The provisions of Article 7 above, applicable to Common ,o Property improvements damage, shall govern replacement or restoration and the actions to be taken in •c�-r the event that the improvements are not restored or replaced Article 9 Mortgagee Provisions The following provisions are for the benefit of holders of first Mortgages on Lots in the Community The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein 9 1 Notices of Action An institutional holder, insurer,or guarantor of a first Mortgage,who provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the Lot number,therefore becoming an"eligible holder"), will be entitled to timely written notice of (a) any condemnation loss or any casualty loss which affects a material portion of the Community or which affects any Lot on which there is a first Mortgage held, insured, or guaranteed by such eligible holder, 22 (b) any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder, where such delinquency has continued for a period of sixty (60) days, provided, however, notwithstanding this provision, any holder of a first Mortgage, upon request, is entitled to written notice from the Association of any default in the performance by the Owner of the encumbered Lot of any obligation under the Declaration or Bylaws of the Association which is not cured within sixty (60) days, (c) any lapse, cancellation, or matenal modification of any insurance policy maintained by the Association 9 2 No Pnonty No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Property 9 3 Notices to Association C Upon request, each Lot Owner shall be obligated to furnish to the Association the name and ers address of the holder of any Mortgage encumbering such Owner's Lot c 9 4 Applicability of Article 9 cc, Nothing contained in this Article shall be construed to reduce the percentage vote that must 0,1 otherwise be obtained under the Declaration, Bylaws, or Washington law for any of the acts set out in this cv o Article N 9 5 Amendments By Board Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or V A subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board of Directors, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes Article 10 Easements 10 1 Easements for Use and Enjoyment 10 1 1 Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Property subject to the following provisions (a) the right of the Association to charge reasonable admission and other fees for the use of any portion of the Common Property,to limit the number of guests of Lot Owners and tenants who may use the Common Property, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by an Owner,his family,tenants,guests, and invitees, 23 (b) the right of the Association to suspend the voting rights of a Lot Owner and the right of an Owner to use the Common Property available for use by the Community, if any, for any period during which any assessment against such Owner's Lot which is hereby provided for remains unpaid, and, for a reasonable period of time for an infraction of the Declaration, Bylaws, or rules and regulations, (c) The right of the Association to borrow money for the purpose of improving the Common Property,or any portion thereof,or for construction, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveying all or any portion of the Common Property, provided, however,the lien and encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interests, options, easements and pnvileges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other property located within the Community (Any provision in this Declaration or in any such Mortgage given by the Association to the contrary notwithstanding, the exercise of any rights therein by the holder thereof in the event of a default thereunder shall not cancel or terminate any r rights, easements or privileges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other property located within the Community), and (c) The right of the Association to dedicate or transfer all or any portion of the cr c., Common Property subject to such conditions as may be agreed to by the members of the Association No such dedication or transfer shall be effective unless an cv instrument agreeing to such dedication or transfer has been approved by the affirmative vote of at least two-thirds (2/3) of the Total Association Vote except the zr dedication of roads and roadways to the county or municipality 10 1 2 Any Lot Owner may-delegate such Owner's right of use and enjoyment►n . and to the Common Property and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the occupants of such Owner's Lot, if leased 10 2 Easements for Utilities There is hereby reserved to the Declarant and the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving the Community or any portion thereof, including, but not limited to, gas, water, sanitary sewer, telephone and electricity, as well as storm drainage and any other service such as, but not limited to, a master television antenna system, cable television system, or security system which the Declarant or the Association might decide to have installed to serve the Community It shall be expressly permissible for the Declarant, the Association, or the designee of either, as the case may be, to install, repair, and maintaining of such wires, conduits, cables and other equipment related to the providing of any such utility or service Should any party furnishing any such 24 utility or service requests or a specific license or easement by separate recordable document, the Board of Directors shall have the right to grant such easement 10 3 Easement for Entry In addition to the right of the Board of Directors to exercise self-help as provided in herein, the Board of Directors shall have the right, but shall not be obligated, to enter upon any property within the Community for emergency, secunty, and safety reasons, which right may be exercised by the manager, and all policemen, firemen, ambulance personnel, and similar emergency personnel in the performance of their respective duties Except in an emergency situation, entry shall only by during reasonable hours and after notice to the Owner, and the entering party shall be responsible for any damage caused This right of entry shall include the right of the Board of Directors to enter to cure any condition, which may increase the possibility of a fire,slope erosion, or other hazard in the event an Owner or Occupant fails or refuses to cure the condition upon request by the Board of Directors 10 4 Easement for Maintenance Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required under Article 5 Such maintenance shall be performed ezt with a minimum of interference to the quiet enjoyment to Owners' property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its loc' sole expense cv tea 0 10 5 Easement for Entry Features There is hereby reserved to the Declarant and the Association an easement for ingress, egress, N installation, construction landscaping and maintenance of entry features and similar streetscapes for the Community, over and upon each Lot as more fully described on the recorded subdivision plats for the Community The easement and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features 10 6 Construction and Sale Period Easement Declarant reserves an easement across all Community property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Community as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient, or incidental to Declarant's and such builder's or developer's development, construction, and sales activities, including, but without limitation the right of access, ingress and egress for vehicular and construction activities over, under, on or in the Community, including, without limitation, any Lot, the right to be into and/or otherwise connect and use (without a tap- on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community the ngtit to carry on sales and promotional activities in the Community, and the right to construct and operate 25 business offices, signs, construction trailers, model residences, and sales offices Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected Lots, reasonable steps shall be taken to protect such Lots, and damage shall be repaired by the Person causing the damage at its sole expense This Section shall not be amended without the Declarant's express written consent until the Declarant's rights hereunder have terminated Article 11 Development Period 11 1 Development Penod Until such time as all of the Lots within the Community have been sold by Declarant and by the initial builders (the "Development Period"), and unless Declarant elects otherwise, Declarant shall have exclusive authority to manage and operate the Common Property including all rights, duties, functions, and authority granted to the Association hereunder This requirement is made in order to ensure that the Common Property will be adequately administered in the initial stages of development, and to ensure an orderly transition to Association operation Acceptance of an interest in a Lot evidences acceptance of n+ this management and operational authority in Declarant In addition, Declarant shall have the exclusive m authority to declare, create, establish, grant and convey to adjacent property owners a non-exclusive easement for ingress" egress, and utilities on, over, under, across and along the roadway portion of the Common Property cv 11 2 Amendment by Declarant ca This Declaration may be amended during the Development Period by the sole signature of the o Declarant After the Development Period this Declaration may be amended by an instrument signed by v not less than a majority of the members of the Association All amendments must be recorded Article 12 General Provisions 121 Enforcement Each Owner and Occupant shall comply strictly with the Bylaws, the rules and regulations, the use restnctions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any The Board of Directors may impose fines or other sanctions, which shall be collected as provided herein for the collection of assessments Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in the proper case, by an aggneved Owner Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter The Board of Directors shall have the right to record in the appropriate land records a notice of violation of the Declaration and Bylaws, and to assess the cost of recording and removing such notice against the Owner who is responsible (or whose Occupants are responsible)for violating the foregoing 26 12 2 Duration, The covenants and restrictions of this Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives,heirs, successors, and assigns,perpetually to the extent provided by law, provided, however, so long as and to the extent that Washington law limits the penod during which covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after which time, any such provision shall be (a) automatically extended (to the extent allowed by applicable law) for successive periods of ten ( 10 ) years, unless a written instrument reflecting disapproval signed by the then Owners of at least two- thirds (2/3) of the Lots and the Declarant (so long as the Declarant owns any property for development has been recorded within the year immediately preceding the beginning of a ten (10) year renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated to the extent specified therein, or (b) extended as otherwise provided by law Every purchaser or grantee of any interest (including, without limitation, a security interest) in any real property subject to this Declaration, by acceptance of a deed or other conveyance `" therefore, thereby agrees that such provisions of this Declaration may be extended and renewed as p provided in this Section 0 12 3 Amendment no cv 12 3 1 This Declaration maybe amended unilaterallyat anytime and from time ev to time by Declarant (a) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith, (b) if such amendment is necessary to enable any title insurance company to issue title cv insurance coverage with respect to the Lots subject to this Declaration, (c)if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration, ( d) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration, provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing, or ( e) for any other purpose, provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner 12 3 2 In addition to the above, this Declaration may be amended upon the affirmative vote or written consent, or any combination thereof, of the Owners of at least two-thirds (2/3)of the Lots and the consent of Declarant (so long as the Declarant owns any property for development) Notwithstanding the foregoing, the provisions of Section 2 2 and 5 1 as to the Association's powers regarding the Common Property may only be amended upon the affirmative vote or written consent, or any combination thereof, of all or one hundred percent (100%)of the Owners of the Lots and the consent of Declarant (so long as the Declarant owns any property for development) Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein 27 These covenants may not be amended to eliminate the requirements to maintain common improvements including storm water facilities, private roadways and other common areas, or permitting conveyance of those features to a third party without the written permission of the City of Renton 12 4 Partition The Common Property shall remain undivided, and no Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof without the written consent of all Owners of all portions of the properly located within the Community and without the written consent of all holders of all Mortgages encumbering any portion of the property, including, but not necessarily limited to, the Lots located within the Community 12 5 Gender and Grammar The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine 12 6 Severability fin Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and,to this end, the provisions of this Declaration are declared to be severable N 12 7 Captions c" The captions of each Article and Section hereof as to the contents of each Article and Section, .o are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer 12 8 Perpetuities if any of the covenants, conditions, restnctions, or other provisions of this Declaration shall be unlawful,void, or voidable for violation of the rule against perpetuities then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now living descendants of Elizabeth II, Queen of England, 12 9 Indemnification To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorney's fees, imposed upon or reasonably incurred by any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith on behalf of the Association (except to the extent that such officers or directors may also be 28 members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled The Association may maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available 12 10 Books and Records 12 10 1 Inspection by Members and Mortgagees This Declaration, the Bylaws, copies of rules and use restrictions, membership register, books of account, and minutes of meetings of the members of the Board of Directors and, of committees shall be made available for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a `" first Mortgage at the office of the Association or at such other reasonable place as the Board of Directors rn CO shall prescribe 12 10 2 Rules for Inspection The Board of Directors shall establish reasonable rules with respect to CV o (a) Notice to be given to the custodian of the records, o (b) Hours and days of the week when such an inspection may be made, and (c) Payment of the cost of reproducing copies of documents 12 10 3 Inspection by Directors, Every director shall have the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical properties owned or controlled by the Association The right of inspection by a director includes the right to make extra copies of documents at the reasonable expense of the Association 12 11 Financial Review A review of the books and records of the Association shall be made annually in the manner as the Board of Directors may decide, provided, however, after having received the Association's financial statements at the annual meeting, by a Majority of the Total Association Vote, the Owners may require that the accounts of the Association be audited as a common expense by a certified public accountant Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of audited financial statements within ninety (90) days of the date of the request 29 •, 12 12 Notice of Sale, Lease or Acquisition In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board of Directors may reasonably require Upon acquisition of a Lot each new Owner shall give the Association, in wnting the name and mailing address of the Owner and such other information as the Board of Directors may reasonably require 1213 Agreements Subject to the prior approval of Declarant (so long as Declarant owns any property for development and/or sale in the Community) all agreements and determinations, including settlement agreements regarding litigation involving the Association, all fully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community CC 12 14 Implied Rights The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule, and every other right or privilege reasonably to be implied from the existence of any nght or privilege given to it therein or reasonably necessary to effectuate any such right or privilege O 1215 Variances `z) Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any rule, regulation or use restriction promulgated pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community 1216 Litigation No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy-five (75%) percent of the Total Association Vote This Section shall not apply, however,to (a) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens), (b)the imposition and collection of assessments as provided in Article 4 hereof, (c) proceedings involving challenges to ad valorem taxation, or (d) counterclaims brought by the Association in proceedings instituted against it This Section shall not be amended unless such amendment is made by the Declarant pursuant to Article 12,Section 12 3 hereof or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above 30 IN WITNESS WHEREOF, the Declarant herein, hereby executes this Instrument through its duly authorized officers, this / ti day of FEB Rut), t , 2002 DECLARANT MORGAN COUR ESTORS, LLC By c�a Its i ) cv cv car EXHIBIT A DESCRIPTION OF COMMON PROPERTY Tract A,B, C,D, E and G of City of Renton Plat LUA-01-028, Morgan Place, as described in Exhibit C ry rn co O m CV N fV N V7052' w ,f1100 ii 7,....._\,, 40 39 38 37 36 J5 34 I. S ----- ----NE-5 TH S T-----1-'1 41 31 3 2 3 3 Ie � .o 1 `L E 45 ' .10 ,-0 200 0 O 1 N. Jo 7(rAiG a£ l2 cV SCALE 1' = 200' 45 •� 1 li cr.', i. ?9 L - °C:I • -f- TRACT C x--- (S TORAI d Ier A - ..a 46 28 . : DRAINAGE) ` I ers to t - `-N 8871 09" W 5t0 61"-- -- — -- `, - • NE 4TH ST—{? I CV -_ ---7.„...-,_.._„_ --JJ 8821'09' W 6J0J7' _ ,UI. 21 ' I N c= i 122 4t 1 27 26 11 9 8 7 TRACT F CV w l I - I -• -- —110 —_. - 1, (ROW DfO/CA'ILJ�;I 4 �23 ,l � 24 25 12 1 �1� �� i� : g ,ca' ~lbI I► i2 I 0 • 13 . I TRACT Q 1� ' 1, - - (NGPA) - • - 14 1].' 4 I j `.,:c' )i (/ _ r TRACT C I1 20 15 Z.i 3 o IP (OPEN SPACE/LANDSCAPE) 1 0!I .: • ;21' +I N 007851 E 19 16 2 1 , JSJ 34 Ij TRACT B T7 i II (STORM DRAINAGE) 18 d ~W1 r N 887J'10" W 60062' Sit' (0'Lily, _ IW• 2IN(tADSCA )O W i �.Q a I f II EXHIBIT B MAP OF COMMON AREA MORGAN PLACE SEC 10, TWP 23 N,RGE 5 E, W M DWN BY DATE JOB NO Lake hing ETERSON Bld N E Su5ite 200n RSG 10/24/01 ABRE-0002 p4030 • NSULTING Kirkland,WA 98033 CHKD BY SCALE SHEET E n :G 1 N E E it Tel (425)827-5874 ..� Fax(425)822-7216 JAS 1'=200 1 OF 1 • EXHIBIT C REAL PROPERTY StJR 1ITTET) - COMMUNITY LEGAL DESCRIPTION: I'ARCLL B 1IIL WEST HALF Or THE SOUTHEAST Ql1AR1ER or THE SOUTHEAST QUARTLR OI 1HE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAS1, WILIAMLTTE MERIDIAN, IN KING COUNTY, WASHINGTON, EXCEPT THE SOUTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 1281H STREET BY DEED RECORDED UNI)rR AUDITOR'S FILE NUMBER 5755895 CCr PARCEL C THE EAST HALE OF THE SOUTHEAST QUARTER or THE SOUTHEAST QUARTER OF THE SOU1HEAST QUARTER OF SECTION 10, 1OWNSHtP 23 NORTH, RANGE 5 EAS1, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, EXCEP1 THE EAS1 150 01 FEET THERCOI, AND EXCEPT THE SOUTH 42 FEET THEREOF CONVOYED TO KING COUNTY FOR SOUTHEAST 0 128TH STREET BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 5837604 PARCEL D TRACTS 1 AND 4 BLACK LOAM FIVE ACRE 1RACTS, ACCORDING TO THE PLAT HEREOF RECORDED IN VOLUME 12 OF PLAT S, PAGE(S) 101, IN KING COUNTY, WASHINGTON, EXCEPT THE WEST 120 FEET OF 1 HI EAST 150 FEET OF THE NORTH 160 FEET OF THE WEST HALF OF SAID TRACT 1, AND EXCI P1 THE NORTH 12 FEET THERI Or CONVEYED TO KING COUNTY FOR SOUTHEAST 128th STREET BY DEEDS RECORDED JNDFR AUDITOR'S FILE NUMBERS 5761687 AND 5821507 PARCEL C THE WEST 120 FEET OF THE EAS1 150 F CLT OF THE NORTH 160 FEET Or THE WEST HALF OF TRACT 1, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PEAT THEREOF, RECORDED IN VOLUME 12 Of PLATS, PAGE(S) 101, IN KING COUNTY, WASHINGTON, EXCEPT THE NORTH 17 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 128th STRLL1 BY DEEDS RECORDED UNDI R AUDITOR'S FILE NUMBERS 5761687 AND 5821507 I II After Recording Return to. I iI� III i I III Morgan Court Investors,LLC � I ii I 9375 SW Commerce Circle#7 2002031 6 Wilsonville,Oregon 97070 "ll.p0 PAG/E� 001 CAGO TITLE 3 KING1/000NTY16WM MICROFILMED Space Above For Recording Information Only FIRST AMENDMENT TO DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MORGAN PLACE This First Amendment is made on this 7th day of March 2002 by MORGAN COURT INVESTORS,LLC, (Declarant). RECITALS `' A. Declarant is the Declarant under that certain Declaration of Covenants, Conditions and Restrictions (the"Declaration") for MORGAN PLACE dated February M 11,2002 and recorded February 28, 2002 in the records of King County, Washington, under Auditor's File No. 20020228001892 CI NB. Pursuant to Section 11.2, of the Declaration, Declarant who owns 100%of the lots,now amends the Declaration by making this First Amendment, and by executing the same. NOW THEREFORE,Declarant amends the Declaration as follows: 1. Section 6.4.2 is amended by adding the following: "Notwithstanding the foregoing, the minimum fully enclosed living area excluding an attached garage for lots 1-26 and any future lots south of NE 4th Street will be 1,500 square feet for one-story units and 1,800 square feet for two-story units. 2. Section 6.5 is amended by adding the following: "Notwithstanding the foregoing, vinyl and other wood product siding, including plywood, will be allowed on lots 1-26 and any future lots south of NE 4th Street. 1st Amendment Page 1 of 2 CHICAGO TITLE INS. CO REF# /032 --io MICROFILMED IN WITNESS WHEREOF, the undersigned Declarant has executed this Amendment this 7th day of March 2002. DECLARANT MORGAN URT INVESTORS,LLC A Was ' Limited Liab' ' Company , By: Richard J. Cole,M ing Member CV N O O Cr) C> CV CV . 1st Amendment Page 2 of 2 State of Oregon SS County of Washington On this 7th day of March , 2002, before me Renee M Martin, a notary public, personally appeared Richard J Cote, Managing Member of Morgan Court Investors, LLC personally known to me to be the person(s)whose name(s) are subscribed to this instrument, and acknowledged that they executed this same in his/herltheir authorized capactty(ies) and that by his/her/their signature(s)on the Instrument the person(s)or the entity upon behalf of which the person acted, execut this Instrument A Renee M Martin, Notary Public for Oregon L My Commission Expires on October 11, 2005 in OFFICIAL SEAL -CO RENEE M.MARTIN N % NOTARY PUBLIC-OREGON CMY COMMISSION WIRES CCT 11, 005 0 m cv • CERTIFICATE WHEN RECOROED RETURN TO: I,the tr,::crsigned, (.� aerk of the :. Office of the ci;y.t:rk City of Renton, inhington, certify that this is a true Renton kiuni.:�'f liufiding o , 200 M' averweSouth and correct copy of ; - P.- • /a" . .. RentotQVA 980 v, o 1.,_. Subscribed and Seal-r•)+ ' T r: of f l 99. V� /L � r� g - I.' L•1 c, iu g 3 " CITY OF RENTON, WASHINGTON g ORDINANCE NO. 4612 i AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER R £ SERVICE IN A PORTION OF THE SOUTH HIGHLANDS, HEATHER DOWNS, AND MAPLEWOOD SUB-BASINS AND ESTABLISHIING THE li AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES. = 1 r THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN • p i i P AS FOLLOWS: € SECTION I, There is hereby created a Sanitary Sewer 1 1 i o Service Special Assessment District for the area served by. the East ` I U, i X Renton Sanitary Sewer Interceptor in the northeast quadrant of the - , 1 1 0 City of Renton and a portion of its urban growth area within unincorporated King County, which area is more particularly i g 40 described in Exhibit "A" attached hereto. A map of the service 1 0) area is attached as Exhibit "B." The recording of this document is 1t t to provide notification of potential connection and interest 1 charges. While this connection charge may be paid at any time, the 1 City does not require payment until such time as the parcel is connected to and thus benefiting from the sewer facilities. The property may be sold or in any other way change hands without j 1 triggering the requirement, by the City, of payment of the charges I I associated with this district. ' 3 SECTION II. Persons connecting to the sanitary sewer 1 I. facilities in this Special Assessment District and which properties I. . 1 ORDINANCE 4 612 have not been charged or assessed with all costs of the East Renton Sanitary Sewer Interceptor, as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional 2f2 fees: A. Per Unit Charge. New connections of residential dwelling units or equivalents shall pay a fee of $224.52 per dwelling unit and all other uses shall pay a unit charge of $0.069 per square foot of property. Those properties included within this Special Assessment District and which may be assessed a charge thereunder are included within the boundary legally described in Exhibit "A" gif Aand which boundary is shown on the 'mC.p attached as Exhibit "B." 1 C H04 SECTION XII. In addition to. the aforestated charges, there 0 shall be a charge of 4 .11'a per annum added to the Per Unit Charge. CI i CD The interest charge shall accrue for no more than .ten (10) years from the date this ordinance becomes effective. Interest charges • will be simple interest and not compound interest . SECTION IV. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication'. PASSED BY THE _ CITY COUNCIL this loth day of June . 1996 . Maril J etersen; City Clerk 2 A ORDLNANCE 4612 APPROVED BY THE MAYOR this 10th day of June , 1996. 1 9-444'-'t.--"r-7-ok-IA--ei-e....._.- Jes e Tanner, Mayor Approve as to form: . _ atAr i.enn.c.PalAist.r."..Q.4.0- Lawrence J. Warren, City Attorney Date of Publication : 6/14/96 ORD.576:5/20/96:as. • 410 a • 4 '4 • e g , tD m • , 1 i i A t 3 1 i • • • • Exhibit A LEGAL DESCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON- EAST RENTON INTERCEPTOR 9, 10, 11, 14. 15, 16. 17, 21 and 22 all in Township 23N, Portions of Sections 8, Range 5E W_M. in King County, Washington Section 8, Township 23N, Range 5E W.M. All of that portion of Section 8, Township 23N. Range 5E W.M. lying East of the East right-of-way line of SR-405 and South of the following described line: Beginning at the intersection of the East line of said Section 8 with the centerline of NE 7th Street; thence Westerly along said centerline of NE 7th Street to its intersection with the centerline of Sunset Boulevard NE; thence Northerly along the centerline of Sunset Boulevard NE to the North line of the Southeast '/4 of said Section 8; thence West along said North line to the East right-of-way line of SR-405 and the terminus of said line. ;D CD Oa Section 9,Township 23N, Range 5E W.M. 9-I All of that portion of Section 9, Township 23N, Range 5E W.M. lying South and East of the following described line: - GD Cn Beginning on the centerline of NE 7th Street at its intersection with the centerline of Edmonds Avenue NE; thence Easterly along the centerline of NE 7th Street to its intersection with the centerline of Monroe Avenue NE; thence North along said centerline to the South line of the Northeast 1/ of said Section 9; thence East along said South line to its intersection with the centerline of Redmond Avenue NE; thence Northerly along said centerline to its intersection with the centerline of NE 10th Street; thence East along said centerline to the East line of said Section 9 and the terminus of said line. Section 10,Township 23N, Range 5E W.M. All of that portion of Section 10, Township 23N, Range 5E W.M. lying Southerly and Westerly of the following described line: Beginning on the West line of Section 10 at its intersection with the North line of the South 1/ of the North 2 of said Section 10; thence East along said North line to its intersection with the centerline of 142nd Avenue SE; thence Southerly along said centerline to its intersection with the North line of the Southeast 1/a of said Section 10; thence East along said North Line to its intersection with the East line of said Section 10 and the terminus of said line. F3DATAWEwseA7y r,RE-mEDSADLEOALdoa • Legal Description of the Special Assessment District for the City of Renton-East Renton Interceptor Page 2 of 3 Section 11,Township 23N, Range 5E W.M. All of the Southwest 1 of Section 11.Township 23N, Range 5E W.M.. Section 14,Township 23N, Range SE W.M. All of that portion of Section 14, Township 23N, Range 5E. W.M. described as follows: All of the Northwest 1/4 of said section, together with the Southwest V4 of said section, except the South 1/ of the Southeast 1/4 of said Southwest 1/4 and except the plat of McIntire Homesites and 1/2 of streets adjacent as recorded in the Book of Plats, Volume 58, Page 82, Records of King County, Washington, and except the South 151.55 feet of the East 239.435 feet of Tract 6, Block 1 of Cedar River Five Acre Tracts as recorded in the Book of Plats, Volume 16, Page 52, Records of King County, Washington, less 1/2 of the street abutting said portion of Tract 6, Block 1, and less Tract 6, Block 2 of said Cedar River Five Acre Tracts, less 1/2 of rp the street adjacent to said Tract 6, Block 2, and except the South 82.785 feet of Cr) the East 150 feet of Tract 5, Block 2 of said Cedar River Five Acre Tracts and less 1 the street adjacent to said portion of Tract 5, Block 2. Tul CD Cp Section 15,Township 23N, Range SE W.M. Cr) All of that portion of Section 15, Township 23N, Range 5E. W.M., except the Southwest V4 of the Southwest 1/4 of the Southwest 1/4 of said section. Section 16,Township 23N, Range 5E W.M. 1 • • All of that portion of Section 16, Township 23N, Range 5E W.M., except that portion of the Southeast 1/4 of the Southeast 3/4 of the said Section 16 lying East of the East line of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats Volume 39, page 39, Records of King County Washington and its Northerly extension to the North line of said Southeast 74 of the Southeast V4 of the said Section 16 and except that portion of said section lying Southerly of the Northerly right-of-way line of SR 169 (Maple Valley Highway). Section 17,Township 23N, Range 5E W.M. All of that portion of Section 17, Township 23N, Range 5E W.M., lying Northeasterly of the Northeasterly right-of-way of SR 169 (Maple Valley Highway) and Easterly of the East right-of-way line of SR-405 less that portion lying generally West of the East and Southeasterly line of Bronson Way NE lying FOATAWEIW192-074502AEYLSEDSAdLEGN-tl0e 1 .. Legal Description Special Assessment District g p of the Specs far the City of Renton—East Renton Interceptor Page 3 of 3 between the South line of the NE 3rd Street and the Northeasterly margin of SR 405. Section 21, Township 23N, Range 5E W.M. All that portion of Section 21, Township 23N, R 5E W.M. lying Northeasterly of the Northeasterly right-of-way line of SR 169 (Maple Valley Highway) and West of the East line of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats, volume 39, page 39, Records of King County, Washington. Section 22, Township 23N, Range 5E W.M. All of that portion of Section 22, Township 23N, Range 5E W.M. described as follows: All of the Northwest/ of the Northeast IA of said Section 22 lying Northerly of the O Southerly line of the Plat of Maplewood Heights as recorded in the Book of Plats, volume 78, pages 1 through 4, Records of King County,Washington. Cr) • " Together with the North 227.11 feet of the West 97.02 of the Northeast IA of the (fit Northeast'/¢ of said Section 22. C/� W M/I • • t _ 1 � • Y � 1 i 3 F:tDATAREMtrzo75ro1SREMED ADLEC+ALdoo Ft a Exhibit B EAST RENTON INTERCEPTOR Special Assessment District Boundary 5 •® tr-ir, AFC fll►-}��? NVK liY: il Y�S �: Ala ajf ^ 1 �[�( x1 I+ t�low 9 t' mil = 7 I. •.."•�! ' E-11.:11(C-- (11 - 1 t - Ids l�1 _A irf-41k. SE tlt],St F'K 1dq � �' ‘ 'IgkeuiP111110,s<1 1. ! 9 I ii'i- : t( Arc. pl, z `•";••i14-7!-:P4'MOB ‘1.---"-- • lor,——14-1-fp‘-t3-4 1:10,e-1,"/"Alir . . ' • ow..it-itip- ._i-,,._. _F 41.5r ,01Apizer, i far WA 10); 't. .1rAt_41-' /MO pre152,40207-44.- --i, r r I i : �, t��,,.-�0- -�� .�_ �r t ter- ,"tip it.i7 ► 41t-.t,:!�I, r ��- -Aril �:��`. I ! � ,. -� ��--!fir►�., � t� ./.� -1�1 Ai P. 1./redirr---- /' —' ' r AO, Al - --,' 1 i Ai ! A 44, ', rg .., . liTio ilold:LA:(4,71;;_ir.iii 44.,ries r.4.1, '#,tif.)--,.,,r0 igr'''' 114. A --7r1.10:7/471/7fr C-4.g.irr ri 41I:A L__.--- d - ••- • Ity .40 ....wi ,Lii ___1/11".1 _____,-„\ . P;--r-:A?';.;43P,r r //1...el air "'''....-.7,-,17,4,---mr.. r - ,,,,,prica .f- „, . ..,...,...7„, ,..„,, .,,,,,„.,,,,,, ,,, ,, ��.. I� ,� r��r•�-1 ,fliPii�••. ,�T� 1� -a,..,.._______ 14reii\t k.._ A14140-1°k--- -;11 j I/ : Nillte Y 'It , - I''' ?leg? --- 511i. — "0' . •-• - ----I-1w diza • i( ; i 5 .,v A. .... i; ,..- ._ _\_,..,:, 1 1 y IAN. _ ., i _____J ,,,,,,,,..mminw.i.:4-:•:•5•.:::::::::::::::::::::::::: t ��... 1 :24,000 Y . o SANITARY SEWERS City LimitsPfmnin9/Bu ng/Pubfc Works E.rf.� Special Assessment District `` Christensen,MocOme,isneski NT 20 May 1996 MICROFILMS Return Address 1 City Clerk's Office t City of Renton111 1055 South Grady Way Renton,WA 98055 20000420000998 CITY OF RENTON AG 29.110 PAGE 001 OF 022 04/20/2000 12.23 KING COUNTY, WA LATECOMERS AGREEMENT Property Tax Parcel Numbers See Parcel List pagel 1 hereof cci cr.) Project Filc# PRM-27-0018 Street Intersection NE 4th Street Duvall Ave NE to 152nd SE ^Grantor(s): Grantee(s): CZ) I City of Renton,a Municipal Corporation 1 Centex Homes LEGAL DESCRIPTION Portions of Sections 10, II, 14 and 15,Township 23 North,Range 5 East,W M , cam, in King County Washington,more particularly described on pages 7-10 hereof THIS AGREEMENT made and entered into this date �n �fi((,(i 1j p.orS CD by and between the CITY OF RENTON,hereinafter refe d to as"CITY,"and Centex Homes hereinafter C`N) referred to as"DEVELOPER", WHEREAS,the"DEVELOPER"is desirous of installing certain wastewater systems and appurtenances thereto at,near,or within the herein below described property and to connect same to the "CITY'S"utility or road system(s)so that such improvements will constitute an integral part thereof,and WHEREAS,no other property owners or users are presently available to share in the cost and expense of construction of such improvements,and the parties hereto having in mind the provisions and terms of the "Municipal Water and Sewer Facilities Act"(RCW 35 91 020 et seq) WHEREAS,the "DEVELOPER" is willing to pay all the costs and expenses for the installation of said improvements, NOW,THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS 1 The "DEVELOPER" hereby acknowledges and covenants that he is the owner of the following described property,to wit, See Exhibit"A"on pages 7-10 of this document and the "'DEVELOPER" hereby agrees and covenants to cause to have installed the following described improvements,to-wit 1 4648 linear feet of 24 inch PVC C900 Sewer Main 2 116 linear feet of 12 inch PVC C900 Sewer Main 3 28 linear feet of 10 inch PVC C900 Sewer Main 4 14 each 60 inch diameter manholes LATECOMERS AGREEMENT LAG 99-001 City of Renton,a Municipal Corporation Centex Homes 5 i each 48 inch manhole, and all necessary appurtenances,and such installation to be made in full compliance with all applicable codes and regulations of the"CITY" The "DEVELOPER" further covenants and warrants that all expenses and claims in connection with the construction and installation of the aforesaid improvements, whether for labor or materials or both have been or will be paid m full,all at the"DEVELOPER'S" expense,and the"DEVELOPER"covenants and agrees to hold the "CITY"harmless from any liability in connection therewith 2 The "Developer" further certifies that the total cost of said construction as herein above specified is $1,244,901 00 for the above described improvements See Exhibit "A" attached hereto for the map showing in outline the land affected by such charges per the terms of this agreement, see Exhibit "B" attached hereto for the legal descnption of the lands affected by this latecomer agreement and see Exhibit "- "C"attached hereto for the Final Assessment Roll rn 0 The total amount of the cost of said improvement shall be employed to determine the pro rata cD c= reimbursement to the "DEVELOPER" by any owner of real estate who did not contribute to the original cost of such improvement, and who subsequently wishes to tap into or hookup to or use said facilities, which tap or hookup shall include connections to laterals or branches connecting thereto, all subject to the —r laws and ordinances of the"CITY"and the provisions of this Agreement 0 tr) The method of determining latecomer payments shall be by zoned front foot subject to these latecomer charges. The pro rata cost is$ 73.7151 per zoned front foot, [EXCEPT for connection of existing single family residences which shall not exceed$5,104 to connect with any remainder of the fee to be due and payable at the time of subdivision or increased density] 3 It is hereby found and determined that the construction and installation of said afore descnbed improvement is in the public interest 4 The "DEVELOPER" hereby agrees and covenants to convey, transfer, and assign unto the "CITY" all rights, interest and title in and to said improvements and all appurtenances and accessories thereto, free from any claim and encumbrance of any party whomsoever, "CITY" agrees to accept and maintain said improvement as part of its present system upon approval thereof by the City Engineer and after inspection of said construction The "DEVELOPER"further agrees and covenants to execute and to deliver unto the "CITY" any and all documents including Quit Claim Deeds and Bills of Sale that may reasonably be necessary to fully vest title in the "CITY" and to effectuate this conveyance and transfer The "DEVELOPER" further agrees and covenants to pay unto the "CITY" such service charges or other charges as may be imposed by the "CITY" for use of the improvements for which this agreement is granted 5 The "CITY" reserves the right,without affecting the validity or terms of this Agreement,to make or cause to be made extensions to or additions of the above improvement and to allow service connections to be made to said extensions or additions,without liability on the part of the "CITY" 6 No person, firm, or corporation shall be granted a permit to use or be authorized to tap into the facility during the period of 15(fifteen) years from date hereof, without first paying unto the "CITY", in addition to any and all other costs, fees, and charges made or assessed for each tap, or for the main facilities constructed in connection therewith, the amount required by the provisions of this contract except such charges shall not apply to any extension of the main facility See Item 10 Furthermore, in case any tap, II\DIVISION S\PROPSERV\P&P\ASSM i S\CentexLA i ECOMR DOC\bh Page 2 LATECOMERS AGREEMENT LAG 99-001 City of Renton,a Municipal Corporation Centex Homes hookup, or connection is made into any such contracted facility without such payment having been first made, the legislative body of the "CITY" may cause to have removed such unauthorized tap, hookup, or connection, and all connections or related accessories located in the facility or right-of-way, and dispose of such unauthorized material so removed, without any liability on the part of the "CITY"whatever It is further agreed, and covenanted that upon expiration of the terms of this Agreement, to wit 15 (fifteen) years from date hereof, plus any extension thereof if granted by City Council, "CITY" shall be under no further obligation to collect or make any further sums unto the"DEVELOPER " The decision of the Administrator of Public Works or the Administrator's authorized representative in cn determining or computing the amount due from any benefited owner who wishes to hookup to such rnimprovement shall be final and conclusive in all respects 7 It is further agreed and understood that the afore described improvements to be undertaken and paid for by "DEVELOPER" have been or are about to be connected with the utilities systems of the "CITY", and upon such connection and acceptance by the "CITY" through its legislative body, said extension and/or CJ. improvement shall be and become a part of the municipal utilities c-, 8 This Agreement shall be placed for record with the King County Auditor's Office within thirty(30) days of final execution of the agreement cv 9 Transfer of title to all of the improvements under the latecomer's agreement to the "CITY" is a prior condition to the City collecting any latecomer's fee The "DEVELOPER" will also assign to the "CITY" the benefit and right to the latecomer's fee should the "CITY" be unable to locate the "DEVELOPER" to tender any latecomer's fee that the "CITY" has received The "DEVELOPER" shall be responsible for keeping the "CITY" informed of its correct mailing address Should the "CITY" be unable to locate the "DEVELOPER" in order to deliver a latecomer's fee, the "CITY" shall undertake an independent investigation to determine the location of the "DEVELOPER" Should the "CITY," after a good faith attempt to locate the"DEVELOPER" be unable to do so,the latecomer's fee shall be placed in the Special Deposit Fund held by the "CITY" for two years At any time within the two year period the "DEVELOPER" may receive the latecomer's fee, without interest, by applying to the "CITY" for that latecomer's fee After the expiration of the two-year period, all nghts of the "DEVELOPER" to that fee shall expire, and the"CITY"shall be deemed to be the owner of those funds 10 When the "CITY" has received the funds for a latecomer's fee, it will forward that fee, less 15% for a processing fee,to the "DEVELOPER" within thirty(30) days of receipt of the funds Funds received by negotiable instrument, such as a check, will be deemed received ten (10) days after delivery to the "CITY" Should the "CITY" fail to forward the latecomer's fee to the "DEVELOPER" through the "CITY'S" sole negligence, then the "CITY" shall pay the "DEVELOPER" interest on those monies at the rate of interest specified in City Code Section 3-241 (B) However, should the "DEVELOPER" not keep the "CITY" informed of its current correct mailing address, or should the "DEVELOPER" otherwise be negligent and thus contribute to the failure of the "CITY" to pay over the latecomer's fee, then no interest shall accrue on late payment of the latecomer's fee It\DIVISION STROPS(RV\P&P\ASSM I S\CentexLATECOMR DOC\bh Page 3 LATECOMERS AGREEMENT LAG 99-001 City of Renton,a Municipal Corporation Centex Homes I I By instituting the latecomer's agreement the "CITY" does not agree to assume any responsibility to enforce the latecomer's agreement The assessment roll will be a matter of public record and will serve as a notice to the owners of the potential assessment should connection to the improvements be made The "DEVELOPER"has responsibility to monitor those parties connecting to the improvement Should the"CITY" become aware of such a connection, it will use its best efforts to collect the latecomer's fee, but shall not incur any liability should it inadvertently fail to collect the latecomer's fee CITY OF RENTON m o- `' Ma Jesse Tanner City Clerk M Ilya Petersen • STATE OF WASHINGTON )ss CORPORATE FORM OF S . ACKNOWLEDGMENT COUNTY OF KING Seal must be within box On this day,before me personally appeared Jesse Tanner and Marilyn 1 Petersen to me known to be Mayor and City Clerk of the municipal corporation that executed the within instrument, and acknowledged said c-), _ - instrument to be the free and voluntary act and deed of said municipal corporation,for the uses and purposes therein mentioned,and on oath stated that he/she was authonzed to execute said instrument and that the seal affixed is the corporate seal of said municipal corporation ` P,LLrn a h, Notary Public in and for the State Qf Washington Notary(Print) MILhcle eAA il&i1 in My appointment expires Dated Wui t'D H\ENVISION S\PROPSERV\P&P\ASSM IS\CentexLAI ECOMR DOC\bh Page 4 LATECOMERS AGREEMENT LAG 99-001 City of Renton,a Municipal Corporation Centex Homes DEVELOPER ente ome Y A/t Its Div 11 rA REPRESENTATIVE FORM OF STATE OF WASHINGTON )SS ACKNOWLEDGMENT COUNTY OF KINGsre Q �v j I certify that I know or have satisfactory evidence that h� ►V�trus{er o� __�" "",,,,,, tri J dizP signed this instrument,on oath � , stated that(ri}'she/they'were authorized to execute" the instrument and e. �; i acknowledged it as..the l e ►?t*vilio 51 d �� Ca � of ' i"WGS to be the free and voluntary act of such c-, �y „�S� ray artics for the uses and purposes mentioned in the instrument N w �V✓ citki rek o �tl allow14. Nota P Ic m and for a State of Washington CD Notary(Print) 172 W1C2fO 1— t"te_ My appointment expires OU(13/a3 Dated J 160 II WI VISION S\PROPSERV\P&I'WSSM IS\CcntexLATECOMR DOC\bh Page ^r JL'[.) 2 t.,` - J �iJ.1E e _ Latecomer Agri t i w -�O7 _ — SE 124th St MHO-- U I Q -- 1z ....U3 I -o - Developer's UIW= �, *l� — i" — , — 1 ) ' ) Property A , ___ ` t --4 I› Windwood Lam_.. > m 2 l Nrsf.... I I03WM. Baer+ .NYMII. (� i J (• , ,.tewn. �. = � 1 Non.an {� Waft. ,� l .______, Naa.I th St .W., / '�.... SE 12 1 ' '', vaa..! ..a.. ; ; ;, ,a� t �� f a,.d , § i C i __ WT.i� ulbf�N 1 I 0 6Oo 1200 , wanes W 1 :7 00 1 - 1 t SE 13nd -St �.., v SF EXHIBIT B Centex Latecomer Legal Description I hose portions of Sections 10, I I, 14, and 15,all in Township 23 North, Range 5 East, W M , in King County, Washington described as follows BEGINNING at the south quarter corner of said Section 10,said south quarter corner being a point within the Right-of-Way of SE 128th Street, Thence westerly along the south line of said Section 10,to an intersection with the southerly extension of the easterly Right-of-Way margin of Duvall Avenue NE and the True Point of Beginning, m Thence northerly along said southerly extension and easterly Right-of-Way line,to an intersection with cr. the north line of the southeast quarter of the southeast quarter of the southwest quarter of said Section 10, C 'Thence easterly along said north line to an Intersection with the east line of the southwest quarter of said Section 10, Thence continuing easterly along the north line of the west half of the southwest quarter of the southwest quarter of the southeast quarter of said Section 10 to the northeast corner of said subdivision, C. C7, Thence southerly along the east line of said subdivision to an intersection with a line 210 feet south of and parallel with the north line of the southwest quarter of the southwest quarter of the southeast quarter of said Section 1 0 Thence easterly along said parallel line and its easterly extension crossing 142nd Avenue SE to an intersection with the easterly right of way margin of said 142nd Avenue SE, Thence northerly along said easterly right of way margin to an intersection with the north line of southeast quarter of the southwest quarter of the southeast quarter of said Section 10, Thence easterly along said north line to the northeast corner of said subdivision, Thence continuing easterly along the north line of the southwest quarter of the southeast quarter of the southeast quarter of said Section 10 to the northeast corner of said subdivision, Thence continuing easterly along the north line of the southeast quarter of the southeast quarter of the Southeast quartei of said Section 10 to an intersection with a line parallel with and 150 feet westei ly of the east line of said Subdivision, Thence southerly along said parallel line to an intersection with a line parallel with and 210 teet northei ly of the south line of said Section 10, I hence eastei ly along said paiallel line and its easterly extension crossing 148th Avenue SE,entei ing said Section 1 I, to an intei section with the easterly right of way margin of said 148th Avenue SE, C u tLx Lat«omcr Legal I)mnption page.2 Thence not therly along said easterly right of way margin of said 148th Avenue SE;o an intersection with the north line of the southwest quarter of the southwest quarter of the southwest quarter of the southwest quarter of said Section 11, Thence easterly along said north line to the northeast corner of said subdivision, Thence southerly along the east line of said subdivision to an intersection with a line 7 5 feet southerly of and parallel with the north line of the southeast quarter of the southwest quarter of the southwest quaitei of the southwest quarter of said Section I I, Thence easterly along said parallel line to an intersection with the east line of said subdivision, rn Thence northerly along the west line of the east half of the southwest quarter of the southwest quarter of said Section I I to the northwest corner thereof, c=, L' Thence continuing northerly along the west line of the southeast quarter of the northwest quarter of the southwest quarter of said Section 11, and its northerly extension to an intersection with a line 15 feet northerly of and parallel with the north line of said subdivision, Thence easterly along said parallel line to an intersection with the north-south centerline of the southwest quarter of said Section 11, Thence southerly along said north-south centerline to an intersection with the south line of said Section 11, being a point within the right of way of SE 128th Street, Thence continuing southerly along the north-south centerline of the northwest quarter of said Section 14 to an intersection with the south line of the northwest quarter of the northwest quarter of said Section 14 Thence westerly along said south line to southwest corner of said subdivision and an intersection with the easterly right of way margin of 148th Avenue SE, Thence northerly along said easterly right of way margin to an intersection with the easterly extension of the south line of Tract 4, Black Loam Five Acre Tracts according to the plat thereof recorded in Volume 12 of Plats, page 101, records of King County Washington, Thence westerly along said caste'ly extension and south line to an intersection with the easterly i fight of way margin of I46th Avenue SE Thence not therly along said eastei ly margin to an intersection with the easteily extension of the inuih line of the northeast quarter of the east half of Tract 2,of said plat, Thence westerly along said extension and south line to the southwest coiner of said subdivision, 1 hence no!thei ly along the west line of said subdivision to an intersection with a line parallel with and 142 feet southerly of the north line of said Ti act 2, tebal99 • ( Lim.\I alunmu I Leal 1)Lxnptson poilL Thence westerly along said parallel line a distance of 75 feet to an intersection with the east line of the west half of the west half of the east half of said Tr act 2, Thence southerly along said east line to an intersection with the south line of the north 150 feet of said subdivision, Thence wester I} along said south line to an intersection with the east line of the west half of said Tract 2, !'hence southerly to the southeast corner of said west half, m Thence westerly along the south line of said west half to an intersection with the easterly right-of-way n margin of 144th Avenue SE, • Thence continuing westerly to the westerly right-of-way margin of said 144th Ave SE at its intersection ' with the south line of the north half of the northeast quarter of the northwest quarter of the northeast quarter of said Section 15, • Thence westerly along said south line, to the southwest corner of said subdivision, said southwest corner also being the southeast corner of the north half of the northwest quarter of the northwest quarter of the C.4 northeast quarter of said Section 15, Thence continuing westerly along the south line of said north half of the northwest quarter of the northwest quarter of the northeast quarter of said Section 15 to the southwest corner thereof, Thence continuing westerly along the south line of the north half of the northeast quarter of the northeast quarter of the northwest quarter of said Section 15 to an intersection with a line parallel with and 230 feet west of the east line of said subdivision, Thence northerly along said parallel line to an intersection with a line parallel with and 190 feet south of the north line of said Section 15, Thence wester ly along said parallel line to an inter section with a line parallel with and 330 feet west of the east line of the northwest quarter of said Section 15, Thence southerly along said parallel line to an intersection with the south line of the north half of the nor theist quarter of the northeast quarter ol the northwest quarter of said Section 15, Theiu e westerly along said south line to an intersection with a line parallel with and 110 feet easterly of- the wcsi line ol said subdivision. (hence norther ly along said parallel line to an intersection with a line parallel with and 90 feet north of the south line of said subdivision tct�t vt) (Litt\ I atLLit Ct I L.g.d 1)(nutpuon p.tg.t.4 Thence easterly dlong said paiallel line to an intersection with a line parallel with and 150 feet easterly oI the west line of said subdivision, Thence northe►ly along said paiallel Tine to an intersection with the south line of said Section I0, Thence westerly along said south line to the True Point of Beginning to rn Cr L + C + �+1 r, t+_h►/99 Centex Latecomer Parcel List Developer's Property: WIndwood 112305-9011 112305-9029 Parcel #1: 102305-9032, Parcel#21: 152305-9040 102305-9351, Parcel#22: 152305-9132 102305-9425 Parcel 1A: 102305-9047 Parcel#23: 152305-9061 c Parcel #2: Windsong 102305-9024, Parcel#24: 152305-9045 102305-9027, Parcel#25: 152305-9019 102305-9274, 769560-0010 Parcel#26: 152305-9047 Parcel#3: 102305-9035 Parcel#27: 152305-9148 Parcel #4• 102305-9167 Parcel#28: 152305-9033 • Parcel#5: 102305-9142 Parcel#29: 084710-0015 Parcel#6: 102305-9103 Parcel#30: 084710-0015 Parcel#7: 102305-904) Parcel#31: 084710-0014 Parcel#8: 102305-9040 Parcel#32: 084710-0024 Parcel#9: 102305-9304 Parcel #33: 084710-0019 Parcel #10: 102305-9039 Parcel#34: 084710-0022 Parcel#11: 102305-9016 Parcel#35: 084710-0020 Parcel #12: 102305-9206 Parcel#36: 084710-0005 Parcel#13: 1 1 2305-90 1 5 Parcel#37: 084710-0006 Parcel #14: 1 12305-9018 Parcel#38: 142305-9016 Parcel#15: 1 12305-9020 Parcel#39: 142305-9021 Parcel#16: 112305-9030 Parcel#40: 142305-9020 Parcel #17: 152305-9145 Parcel#41: Maplewood Parcel #18• 152305-9112 142305-9004, 142 305-9017 Parcel #19: 152305-9002 Parcel #20: 152305-9096 EXHIBIT "C" CITY OF RENTON • FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD] Type Wastewater Utility Improvements Total Cost $1,244,901 00 Assessment District 27-0018 Collection Line Total ZFF Cost $1,244,901 00 Total ZFF (feet) 16,888 Cost per ZFF $73 7151 Property Name/Address of Owner ZFF ZFF Assm't rn Identification _ CT) C1 c-_, Parcel # 1 WASHINGTON RESTAURANT 793 S 58,456 07 -., PROPERTIES c PO BOX 21926 3926 Seattle, WA 98111 C:) ID KC Tax Act# 102305-9032, r-_>, 102305-9351, 102305-9425 Legal Description Parcel A LOT I OF CITY OF RENTON SHORT PLAT NO LUA 98-082 SHPL RECORDING NO 9809149003 Parcel B PARCEL 2 OF CITY OF RENTON BOUNDARY LINE ADJUSTMENT NO LUA 98-007 LLA RECORDING NO 9803099022 Parcel C PARCEL 3 OF CITY OF RENTON LOT LINE ADJUSTMENT NO LUA 98-007 • LLA RECORDING NO 9803099002 Parcel if IA NORWEST PACIFIC ASSOCIATES 290 $21,377 41 702 Honeysuckle Drive Mt Vernon,WA 98273 KC Tax Act# 102305-9047 Legal Descnption PARCEL 1 OF CITY OF RENTON BOUNDARY LINE ADJUSTMENT NO LUA 98-007 LLA RECORDING NO 9803099022 CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD] Property Name/Address of Owner ZFF ZFF Assessment Identification Parcel #2 Windsong 1.639 S 120,819 09 Centex Homes 2320 130th Avenue NE, Suite#200 Bellevue WA 98005 m KC Tax Act# 102305-9024, f71 102305-9027, 0 102305-9274, --' 769560-0010 Legal Description Parcel A E 1/2 OF SW 1/4 OF SW 1/4 OF SE 1/4 LESS N 210 FT LESS S 220 FT LESS CO C+ RD Parcel B W 1/2 OF SE 1/4 OF SW 1/4 OF SE 1/4 LESS N 252 FT LESS CO RDS Parcel C N 252 FT OF W 12 OF SE 1/4 OF SW 1/4 OF SE 1/4 LESS CO RD ry Parcel D SERENE SLOPE ADD ENTIRE VAC PLAT INCL VAC 140TH PL SE Parcel# 3 JOHN MCTIGHE +ETAL 520 S38,331 86 24929 267TH SE RAVENSDALE WA 98051 KC Tax Act# 102305-9035 Legal Description E 1/2 OF SE I/4 OF SW 1/4 OF SE 1/4 LESS E 90 FT OF W 120 FT OF S 160 FT LESS CO RD Parcel #4 JOHN R MCTIGHE +ETAL 89 $6,560 65 24929 267TH SE RAVENSDALE WA 98051 KC Tax Act# 102305-9167 Legal Description E 90 FT OF W 120 FT OF S 160 FT","OF E 1/2 OF SE 1/4 OF SW 1/4 OF ","SE 1/4 LESS CO RD Parcel # 5 DEBORAH PHELPS 217 S15,996 18 BYERSDORFER GREGORY A BYERSDORFER 22651 SE 56TH ST ISSAQUAH WA 98029 KC Tax Act# 102305-9142 Legal Description LOT 2 OF KC SHORT PLAT NO 877012 RECORDING NO 7712010905 FINAL CITY OF RENTON FINAL ASSESSMENT ROLL • CENTEX LATECOMER [WINDWOOD] Property Name/Address of Owner ZFF ZFF Assessment Identification Parcel # 6 DEBORAH PHELPS 106 $7,813 80 BYERSDORFER GREGORY A BYERSDORFER 22651 SE 56TH ST ISSAQUAH WA 98029 as KC Tax Act# 102305-9103 Legal Description LOT 1 OF KC SHORT PLAT NO 877012 RECORDING NO 7712010905 Parcel# 7 BENNIE I+BARBARA I REID 280 $20,640 23 14412 SE 12,8TH ST c,J RENTON WA 98056 KKC Tax Act# 1 02305-904 1 c7 t ' Legal Description E 1/2 OF W 12 OF SW 1/4 OF SE 1/4 OF SE 1/4 LESS CO RD LESS W 12 FT THOF Parcel # 8 BALES LP 508 $37,447 28 30640 Pacific Hwy S,#1) Federal Way, WA 98003 KC Tax Act# 102305-9040 Legal Description E 1/2 OF SW 1/4 OF SE 1/4 OF SE 1/4 LESS E 100 FT OF S 150 FT LESS CO RD Parcel # 9 BALES LP 96 $7,076 65 30640 Pacific Hwy S,ND Federal Way, WA 98003 KC Tax Act # 102305-9304 Legal Description E 100 FT OF S 150 FT OF SW 1/4 OF SE 1/4 OF SE 1/4 LESS CO RD Parcel # 10 RIBERA-BALKO ENTERPRISES 603 $44,450 22 16400 Southcenter Parkway,#308 Seattle,WA 98188-3302 KC Tax Act# 102305-9039 Legal Description W 1/2 OF SE 1/4 OF SE 1/4 OF SE 1/4 LESS CO RD ESMT P S P&L CO TRANS LN FINAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD] Property Name/Address of Owner ZFF ZFF Assessment Identification Parcel # 11 RIBERA-BALKO ENTERPRISES 329 $24,252 28 16400 Southcenter Parkway,#308 Seattle,WA 98188-3302 KC Tax Act# 102305-9016 Legal Descnption SE 1/4 LESS E 150 FT I FSS CO RD Parcel # 12 Al Ben McEvoy 129 $9,509 25 Sally gall McEvoy 18321 SE 147'Place RENTON WA 98059 KC Tax Act# 102305-9206 Legal Description E 150 01 FT MEAS ALG S LN OF S 210 FT OF SE 1/4 OF SE 1/4 LESS CO RDS Parcel# 13 RIBERA-BALKO ENTERPRISES 381 $28,085 46 16400 Southcenter Parkway,#308 Seattle,WA 98188-3302 KC Tax Act# 112305-9015 Legal Description SW 1/4 OF SW 1/4 OF SW 1/4 OF SW 1/4 LESS CO RDS LESS C/M RGTS ESMT PS P&L CO TRANS LN • Parcel # 14 CECIL K MULLINS 207 $15,259 03 18631 120TH AVE SE RENTON WA 98058 KC Tax Act# 112305-9018 Legal Description W 1/2 OF SE 1/4 OF SW 1/4 OF SW 1/4 OF SW 1/4 LESS N 7 5 FT LESS C/M RGTS LESS CO RD ESMT P S P&L CO TRANS LN Parcel # 15 CECIL K MULLINS 207 $15,259 03 18631 120TH AVE SE RENTON WA 98058 KC Tax Act# 112305-9020 Legal Description E 1/2 OF SE 1/4 OF SW 1/4 OF SW 1/4 OF SW 1/4 LESS N 7 5 FT LESS CO RD LESS C/M RGTS ESMT PSP&L CO TRANS LN FINAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD) Property Name/Address of Owner ZFF ZFF Assessment Identification Parcel # 16 CHARLES LACKEY 170 $12,531 57 PO BOX 2198 RENTON WA 98056 KC Tax Act# 112305-9030 Legal Description S 378 8 FT OF W 125 FT OF E 1/2 OF SW 1/4 OF SW 1/4 LESS CO RD SUBJ TO ESMT m TRANS LN R/W LESS C/M RGTS CT) rn Parcel# 17 Mr Vangaard-Renton LLC 220 $16,217 33 14100 SE 366 Street,,f'200 , Bellevue WA 98006 KC Tax Act# 152305-9145 Legal Description N 1/2 OF NE 1/4 OF NE 1/4 OF NW 1/4 LESS E 330 FT LESS W 150 FT LY N OF LN 90 FT N OF S LN SD N 1/2 LESS W 110 FT OF S 90 FT LESS CO RD LESS C/M RGTS r�) r� Parcel # 18 JAMES D&PAULA 105 $7,740 09 MONTGOMERY 2807 BURNETT AVE N RENTON WA 98056 KC Tax Act# 152305-9112 Legal Description W 100 FT OF E 330 FT OF N 190 FT OF NW 1/4 LESS CO RD&1 FCS C/M RGTS Parcel# 19 ROBERT&PAMELLA MINKLER 294 $21,672 25 5 LUMMI KEY BELLEVUE WA 98006 KC Tax Act# 152305-9002 Legal Description E 230 FT OF N 1/2 OF NE 1/4 OF NE 1/4 OF NW 1/4 LESS CO RD LESS C/M RGTS FINAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD] Property Name/Address of Owner ZFF ZFF Assessment Identification Parcel #20 WEST COAST INVESTMENTS 229 S16,880 76 INC SHIRLEY HUNG and CLAUDIA HUNG(TRUST) 14009 SE 128t Street 0o Renton,WA 98059 rn o KC Tax Act# 152305-9096 Legal Descnptlon NW 1/4 OF NW 1/4 OF NW 1/4 OF NE 1/4 LESS E 150 FT LESS CO RD LESS CM RGTS W c3 30 FT FOR RD c.J Parcel#21 WEST COAST INVESTMENTS 38 $2,801 17 INC SHIRLEY HUNG and CLAUDIA HUNG(TRUST) C,J 14009 SE 128''Street Renton,WA 98059 KC Tax Act# 152305-9040 Legal Description POR SE 1/4 OF NW 1/4 OF NE 1/4 BEG NW COR SD SUB TH S 88-22-52 E ALG NLY LN 30 FT TH S 00.28-40 W 200 FT TH ELY PLW NLY LN 300 7 FT TO TPOB TH CONTG E 300 7 FT TO PT 30 FT W OF ELY LN TH S 00-25-28 W 226 91 FT TH N 88-24-50 W PLW SLY LN 300 8 FT TH NLY 227 09 FT TO TPOB LESS C/M RGTS&LESS N 117 FT OF S 187 FT OF E 250 FT THOF Parcel# 22 WEST COAST INVESTMENTS 169 $12,457 86 INC SHIRLEY HUNG and CLAUDIA HUNG(TRUST) 14009 SE 128th Street Renton,WA 98059 KC Tax Act# 152305-9132 Legal Description W 24 FT OF NE 114 OF NW 1/4 OF NW 1/4 OF NE 1/4&E 131 FT OF NW 1/4 OF NW 114 OF NW 1/4 OF NE 1/4 LESS CO RD FINAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD] Property Name/Address of Owner ZFF ZFF Assessment Identification _ Parcel #23 DANIEL F MEDDAUGH 210 $15,480 18 14013 SE 128TH ST RENTON WA 98059 KC Tax Act# 152305-9061 Legal Description W 1/2 OF NE 1/4 OF NW 1/4 OF NW 1/4 OF NE 1/4 LESS W 24 FT LESS CO RD Li) Parcel #24 PATRICIA A BANASKY 174 $12,826 43 CT) 463 Ferndale Avenue NE c a RENTON WA 98056 KC Tax Act# 152305-9045 c+ Legal Description E 1/2 OF NE 1/4 OF NW 1/4 OF NW 1/4 OF NE 1/4 LESS CO RDS LESS C/M RGTS Parcel # 25 HOWARD V BANASKY 352 $25,947 72 1401 N 26TH ST ca RENTON WA 98056 ry Kt Tax Act# 152305-9019 Legal Description W 277 5 FT OF N 1/2 OF NE 1/4 OF NW 1/4 OF NE 1/4 I.ESS CO RD Parcel # 26 RIBERA-BALKO ENTERPRISES 317 $23,367 69 16400 Southcenter Parkway,#308 Seattle,WA 98188-3302 KC Tax Act# 152305-9047 Legal Description N I/2 OF NE 1/4 OF NW 1/4 OF NE 1/4 LESS W 277 5 FT LESS E 135 FT LESS CO RD LESS C/M RGTS Parcel #27 ROBERT E LEVY 38 $2,801 17 810 3RD AVE #414 CENTRAL BLDG SEATTLE WA 98104 KC Tax Act # 152305-9148 Legal Description W 30 FT OF E 135 FT OF N 1/2 OF NE 1/4 OF NW 1/4 OF NE 1/4 LESS CO RD FINAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOODI Property Name/Address of Owner ZFF ZFF Assessment Identification Parcel #28 ROBERT E LEVY 109 $8,034 95 810 3RD AVE #414 CENTRAL BLDG SEATTLE WA 98104 KC Tax Act# 152305-9033 Legal Description E 105 FT OF N 1/2 OF NE 1/4 OF NW 1/4 OF NE 1/4 LESS CO RDS CT) Parcel #29 CLEO J FORGAARD 185 $13,637 30 678 SUNSET BLVD NE RENTON WA 98056 r 1 KC Tax Act# 084710-0015 Legal Description Tract 2,BLACK LOAM FIVE-ACRE TRS W 1/2 LESS E 158 FT I PKS CO RD Parcel# 30 CLEO J FORGAARD 128 $9,435 54 678 SUNSET BLVD NE RENTON WA 98056 KC Tax Act# 084710-0016 Legal Description Tract 2,BLACK LOAM FIVE-ACRE TRS W 98 FT OF E 158 FT OF W 1/2 LESS CO RD Parcel #31 CLEO I FORGAARD 78 $5,749 78 678 SUNSET BLVD NE RENTON WA 98056 KC Tax Act# 084710-0014 Legal Description Tract 2, BLACK LOAM FIVE-ACRE TRS E 60 FT OF W 1/2 LESS CO RD Parcel#32 C ROBERT THORNTON 77 S5,676 06 6824 19'"St W University Place WA 98466-5528 KC Tax Act# 084710-0024 Legal Description Tract 2, BLACK LOAM FIVE-ACRE TRS N 150 FT OF W 1/2 OF W 1/2 OF E 1/2 LESS CO RD FINAL CITY OF RENTON FINAL ASSESSMENT ROLL • CENTEX LATECOMER [WINDWOODJ LProperty Name/Address of Owner ZFF ZFF Assessment Identification Parcel # 33 BALES LP 76 $5,602 35 30640 Pacific Hwy S,#D Federal Way, WA 98003 KC Tax Act# 084710-0019 Legal Description Tract 2 BLACK LOAM FIVE-ACRE TRS N 130 FT OF E 75 FT OF FOLG W 1/2 OF E 1/2 I.F-SS N 12 FT FOR RD m Parcel # 34 QUANG T DO+ PHUNG K 86 $6,339 50 rn CHUNG cn 14419 SE 128TH ST RENTON WA 98059 KC Tax Act# 084710-0022 Legal Description Tract 2,BLACK LOAM FIVE-ACRE TRS NE 1/4 OF E 1/2 LESS E 68 FT LESS CO RD Parcel # 35 QUANG T DO + PHUNG K 70 $5,160 06 CHUNG c 14419 SE 128TH ST RENTON WA 98059 KC Tax Act# 084710-0020 Legal Description Tract 2, BLACK LOAM FIVE-ACRE TRS E 68 FT of NE 1/4 OF E 1/2 LESS CO RD • Parcel # 36 RIBERA-BALKO ENTERPRISES 968 $71,356 24 16400 Southcentcr Parkway,#308 Seattle, WA 98188-3302 KC Tax Act# 084710-0005 084710-0010 Legal Description That Portion of Tracts 1 &4,BLACK LOAM FIVE-ACRE TRS W 1/2 OF 1 LESS W 120 FT OF E 150 FT OF N 160 FT&W 1/2 OF 4 LESS CO RD,ALSO, E '/z LESS that portion dedicated as streets FINAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOODJ Property Name/Address of Owner ZFF ZFF Assessment Identification Parcel # 37 Judy Patrick 126 $9,288 11 3604 NE 8" Street Renton WA 98056 KC Tax Act# 084710-0006 Legal Description Tract 1,BLACK LOAM FIVE-ACRE TRS W 120 FT OF E 150 FT OF N 160 FT OF W 1/2 m LESS CO RD rn rn e, Parcel # 38 Baljmder&Rashpal Buttar 599 $44,155 36 c3 671 Bremerton Avenue NE c Renton,WA 98059 C'J KC Tax Act# 142305-9016 Legal Description N 500 FT OF W 1/2 OF NW 1/4 OF NW 1/4 LESS E 225 FT LESS W 30 FT LESS CO RD Parcel # 39 RIBERA-BALKO ENTERPRISES 511 $37,668 43 16400 Southcenter Parkway,#308 Seattle,WA 98188-3302 KC Tax Act# 142305-9021 Legal Description E 225 FT OF N 968 FT OF W 1/2 OF NW 1/4 OF NW 1/4 LESS CO RD Parcel #40 Daniel S Johnson 599 $44,155 36 15051 SE 128''Street RENTON WA 98059 KC Tax Act# 142305-9020 Legal Description E 1/2 OF NE 1/4 OF NW 1/4 OF NW 1/4 LESS CO RD Parcel #41 Maplewood 2,093 S154,285 75 FINER HOMES INC 1215 120TH AVE NE#201 BELLEVUE WA 98005 KC Tax Act# 142305-9004, I42305-9017 Legal Description Parcel A W 1/2 OF NE 1/4 OF NW 1/4 OF NW 1/4&SE 1/4 OF NW 1/4 OF NW 1/4 LESS CO RD Parcel B W 1/2 OF W 1/2 OF NW I/4 LESS POR OF N 500 FT LY E OF E LN OF W 30 FT OF SD SUBD LESS E 225 FT OF S 468 FT OF N 968 FT OF SD SUBDIV FINAL CITY OF RENTON FINAL ASSESSMENT ROLL CENTEX LATECOMER [WINDWOOD] Property Name/Address of Owner ZFF ZFF Assessment Identification Centex Homes 2,473 $182,297 50 Developer Property 2320 130th Avenue NE,Suite JR00 Bellevue WA 98005 cc cr- :, C Tax Act# 112305-9011 112305-9029 gal Description Parcel A E 1/2 OF SW 1/4 OF SW 1/4 LESS W 125 FT OF S 378 8 FT LESS CO RD Parcel B SE 1/4 OF NW 1/4 OF SW 1/4 ALSO S 15 FT OF N 1/2OFNW 1/4 OF SW 1/4 LESS CO RD FINAL . • n K �� • i` ', A . -i? r , _ ar: yz - • , . ry s i ss . P f 4tii. - ''..a„yu' 6k-f-J,t .. -ifi -ti 5;444,70r` s �a ..1p. , If ' • k , -14 ., 7 f ` I. •as •,� i�/�r�./' i "1((( b � Y, .. � A \. ?•- The vaatorJ__herebi` ; .. `�CIgJ[ A"J �i17�1 1'IOB .._..._«_:. :.___ :. A *r .., .4r-, Jr. , $swam is�et. 3earetar�___ � for the consideration-of.$...,360.00-A. ..i....►i...a`w •tr.:-.e.J..i..s_.t.r_.«__....,...........:.._.__Dollsss and also cf benafits to accrue to«S�.av !zo. ``by of laying out and establishing a pnhlic road l_; ^ through `�ci._.�_property, and which Is hereinafter'descriibet,convey.._,release....,and quit-claim.... to the County af.... jS. i aci.CQ. _.r. .State of Washington, for use of the Public -.- forever, as a public,road and highway, t all interest In the following described real estate,viz.: The North 12 feet of. the East 1/2{of Tract 1 of Black Loam Five Acre Tracts in Sec. 15, Trip. 23 B.R.5rEi.W.M. as recorded in Vol. 12 of Plats, Page 101, records of sing County, Washington. Containing 0.08 Acres more- or lessi ' • R/W r.R. 128th S . ( 132nd Ave S.S.' to 168tb Ave. S.E.) i' • L ' V a-4 together with the right to make all necessary slopes for cuts and fills upon the abutting property and on . each side of said described right-of-way, in conformity with standard plans and specifications for high- way purposes, and to the same extent and purpose as if the rights herein granted had been acquired by condemnation proceedings under Eminent Domain statutes of the State of Washington, situated in the County of l<....r-.-rj , State of Washington. $ Dated this 9 day of cJ..r.e._.,r..-e__. , A. D. 19..4. .... IN WITNESS WHEREOF,said corporation has caused this instrument tc 'e executed by its proper officers and its corporate seal to be hereunto affixed this day of • ,v R r',! `\ ?e �v RTi.'A WEDOWOOD REALTY CORPORATION . V 1 J .g-E If,:v, ) c i -(--, k • :r//1 ; y�,Olii % President. it. f k W.f.,-•''. By. -r r-1 ,. /cam e .?L...! $ ' - >'Secretary. -. STATE OF WASHINGTON, ss. County of King ))) tm this 29't h day of �iii23 , 1 61; before me, the undersigned, b :! Notary I'vbiir in and for :he State of 1Vashington, duly commissioned and sworn rsorall appeared ALBERT BALI:ii and i`IarJ?n R. 3 ewor . toi.,77% me known to be the President and A98t.Saretary, respectively, of r1.41 Y- j 1;., .7i J ;nr •'..n Y--'I:tl,.. !bat ' ram. r, !. t e.ecot.-cet fcregair.a ir.;trurnent• and rkr-.r-.v'ledgrd thT aid ir:ctr:.!+;t',!t to ►r t.l-rt• !:c^. and voluntary act and deed of san orporation, for the uses ana purposest*'�?° therein mentioned, and on oath stated that J authorized to execute the said instrument and that the seal affixed is the corporate seal of said ^" '� - . - - - -' - ---__---- ��----_- -' i , � � . � ' 1I ' II 1 !I ill . � 1 _ - _ 1, STATE OF WASHINGTON 1 1�' /I• / j l COUNTY OF h'_tz� ti !1n the .. " Jay of .4-i=•- r -., 6 c r - 19..�'V. before ro,, a Notary Public ii ii �� in auJ for the State of Wa,Lingtun. duly commi-ssioned and sworn, personalty came it ''Ii //c%?.-. -// . J A1!/ S c., c• c to me known to be the individual described in and i executed the within instrument and neknowledged to me rh:et -sii. signed an I ,rated the szn I ,_ free and.volisntnry act and Jeeu for the uses and purposes therein mentioned. Witness my hand sud official seal the day and year first above written. Notary Publio iti ani•for?5e State of Washington, re,idinR at L��J•.-.er�,-•..,w---4 - t —/. -__4 s.,y77.7( I =c _: .r. --- -- __ ------ --_____ ` it IF W a Z IN., REOtAAC, �'EO a ,.,. E- 8 PAGE a - .... REQUt.:,T OF Il v < w ii P' I Q,' x F. z o o >_ t • :� DEC 10 F., I 3 U - s+ .7 :a: tJ4 p ? . . , C4 0 a C I 0 R 0 V • ii Ca $ RQOERT A. 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',., •,'••••••s,..-: •. 1,4-5.1 ,..'i,=1,4*,T±A...1.,:;";.. .1.„. , " ,,...-, •.1.•!:,,,,T„,.' . ..i. • 4.V.,,..1 ' .,. ...,,,'.7,..,rip,"::'• .2.:,•„•,..:: 1,,•.1::::•..;„:,?,•,..At..,.t',•-•:,... .,_,•...,,...,...!:!, ..:•'.,-• ....'.'•':.'1.`rf.:p.:•'ltyy.`,..4 „;, :... :.,!. .. !..;;;11;0;':.k4,,;•.;;::::-=',...::=.,,,,:t)Ast;4... . ''. '. ..,.::,......,.V.':!r.;,;::` .',' it:'' /....64.,:;-;•.....-er;:l....5'. •'''.....,*•13;.4>P•i'k•:1-:' .'..''''.'Y.,..1•:.'•:'''7- ....‘:1 '''' '. ;..:.':-.ilti...i.'''.11..i.' ' . . ' ....^.C.;.&•. .' ,,' :'-1•Tr:j...A-.:!.i:.: ' ' ''• ''','.-1. ••• .. e..i. -'',:i:..,.)"';'.. '.,:f:. • . ,':•:,!..t.•;-::.,..;•••• ,.1,-.,-;:i..!'...:: •.••• ••,.. •.:*. ,..' .: ••..,;.',.•.....:•,...?,,,•,::,..-j..V!1,-..-,, • , , , . : •:.:-:•?.••.i• .!: :", .;,, :,--.,';.,••••••-• .' • 1 .'.-•t;,....cc.:;•• :• ,,;. -.1 it . .„. . .. . • • - • • , ,• .. •. .• „ . -, - • • • . .-14.,3,•::. - -• ,• ..., , . .• • . .. . . .. . , . . . - . .... -,:.-.) • : . .. -•:•• , , ., . ,.. __-..........,_, 1111111111 lit 20010727001324 CHICAGO TITLE LID 10 00 WHEN RECORDED RETURN TO 07/27/2091 12:31 � MORGAN COURT INVESTORS,LLC KING COUNTY, LJA 148TH&12STH I C R`4�///�� RENTON,WASHINGTON E1831965 07/27/Z001 12:24 KING COUNTY, IA SAAX LE 373,009.00 PAGE 001 OF 001 CHICAGO TITLE INSURANCE COMPANY, TITLE INS CO REF# STATUTORY WARRANTY DEED Dated JULY 10,2001 THE GRANTOR LOUISE MARSHALL,AS HER SEPARATE ESTATE c�a �-, for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION CD 0 r— in hand paid,conveys and warrants to MORGAN COURT INVESTORS,LLC,A WASHINGTON LIMITED LIABILITY COMPANY 0 the following described real estate situated in the County of KING State of Washington Tax Account Number(s). 084710-0006-09 THE WEST 120 FEET OF THE EAST 150 FEET OF THE NORTH 160 FEET OP THE WEST HALF OF TRACT 1, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE(S) 101, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 12 FEET THEREOF CONVEYED TO XING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER RECORDING NUMBER 5861231. SUBJECT TO EXCEPTIONS SET FORTH ON ATTACHED EXHIBIT "A" AND BY THIS REFERENCE MADE A PART HEREOF AS IF FULLY INCORPORATED HEREIN LOU MARSHALL sw/aDNoa9 STATE OF WASHINGTON SS COUNTY OFFING ON THIS OC i a DAY OF JULY, 2001, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED LOUISE MARSHALL KNOWN TO ME TO BE THE INDIVIDUALS) DESCRIBED IN AND WHO EXECUTED THE WITHIN INSTRUMENT AND ACKN EDGED THAT SHE SIGNED AND SPATED THE SAME AS HER FREE AND VOL T Y ACT AND DEED, FOR THE USES AND PURPOSES HEREIN MENTIONED NO Y GN T PRINTED NAME '1C NOTARY PUBLI FOR THE STA OF WASHINGTON RESIDING A MY COMMISSION RES ON `Q= _�Lf = pSANic i��S•.. . .... ....... 1,,r %2 OAP/ i U'•o 0JG `r:. i II' •J 0 � cv •. �R1\,'\'M. c.i Ocr cv NOTARY/RDA/092100 • --- CHICAGO TITLE INSURANCE COMPANY EXHIBIT A EscrowNo 589605 EASEMENT AND THE TERMS AND CONDITIONS THEREOF. GRANTEE KING COUNTY PURPOSE DRAINAGE STRUCTURES/DITCHES AREA AFFECTED THE NORTH 8 FEET OF SAID PREMISES RECORDED: FEBRUARY 06, 1987 RECORDING NUMBER 8702060476 SAID EASEMENT CONTAINS A PROVISION THAT GRANTEE WILL USE A DRAINAGE PIPE INSTEAD OF OPEN DITCH DRAINAGE AND WILL COVER THE PIPE SAID EASEMENT ALSO APPEARS OF RECORD UNDER INSTRUMENT(S) RECORDED UNDER RECORDING NUMBER(S) 8702060477 EASEMENT AND THE TERMS AND CONDITIONS THEREOF. GRANTEE KING COUNTY PURPOSE. UTILITIES AND DRAINAGE FACILITY AREA AFFECTED THE NORTH 8 FEET OP SAID PREMISES RECORDED JULY 20, 1987 RECORDING NUMBER 8707200550 0 r, SAID EASEMENT ALSO APPEARS OF RECORD UNDER INSTRUMENT(S) RECORDED UNDER RECORDING NUMBER(S) 8707200551 CV r, COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT RECORDED. NOVEMBER 05, 1990 Ha RECORDING NUMBER 9011051049 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN THE CITY OF RENTON AND CENTEX HOMES RECORDED APRIL 20, 2000 RECORDING NUMBER 20000420000998 REGARDING LATECOMERS AGREEMENT IMPOSING UTILITY CONNECTION CHARGES RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED GRANTEE- KING COUNTY RECORDING NUMBER 5861231 EXHIBIT/RDA/0999 20010727001325 CHICAGO TITLE LID 14.00 WHEN RECORDED RETURN TO PAGE 001 OF 007 07/27/2001 12:31 MORGAN COURT INVESTORS,L L C KING COUNTY, WA 4375 WIL SW COMMERCE CIRCLE SUITE wIL MICROFILMED SONVILLE OREGON97070 E1831967 07/27/2001 12:28 KING COUNTY, 11A TAX $22 428,00 SALE $1,2ad,00�.0 PAGE 001 OF 002 O CHICAGO TITLE INSURANCE COMPANY 560864 STATUTORY WARRANTY DEED Dated. JULY 10,2001 THE GRANTOR RIBERA-BALKO ENTERPRISES FAMILY LIMITED PARTNERSHIP,A WASHINGTON LIMITED PARTNERSHIP for and in consideration of `r TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION AND AS PART OF AN I R C SECTION CV cn 1031 TAX DEFERRED EXCHANGE 0 0 r— in hand paid,conveys and warrants to MORGAN COURT INVESTORS,L L C,A WASHINGTON LIMITED LIABILITY COMPANY r- 0 o the following descnbed real estate situated in the County of KING State of Washington• �' Tax Account Number(s) 102305-9039-02 102305-9016-09, 084710-0005-00 AND 084710-0010-03 THE ABBREVIATED LEGAL DESCRIPTION IS AS FOLLOWS PORTIONS OF THE SOUTHEWAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10-23-5, PORTIONS OF TRACTS 1 AND 4, BLOCK LOAN FIVE ACRE TRACTS, VOLUME 12 OF PLATS, PAGE 101 THE COMPLETE LEGAL DESCRIPTION IS LOCATED ON PAGE 3 AS EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF SUBJECT TO EXCEPTIONS SET FORTH ON ATTACHED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF AS IF FULLY INCORPORATED HEREIN FILED BY CHICAGO TITLE INSURANCE CO. 7ev REF.# 560 (0 ci— f f RIBERA—BALKO ENTERPRISES FAMILY LIMITED PARTNERSHIP EN PARTNER DI ANA RIBERP GEN STATE OF WASHINGTON as COUNTY OF KING I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT DIANA RIBERA IS THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT SHE SIGNED THIS INSTRUMENT, ON OATH STATED THAT SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS GENERAL PARTNER OF RIBERA-BALKO ENTERPRISES FAMILY LIMITED PARTNERSHIP TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT DATED July 27, 2001 c\ NO Y SIGN — RE PRINTED NAME Paula K. Adams NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT Kirkland MY APPOINTMENT EXPIRES 1Z-29-04 ADq�‘ l S •. VON F s J P� i 0 Y / c�v 1/, :U PUS\-\G i m I • o '+� �2 2g'.•�C, 1\ •OFWP-`��= • n 0 0 N NOTARY/RDA/0921M CHICAGO TITLE INSURANCE COMPANY EXHIBIT A Escrow No.. 560864 LEGAL DESCRIPTION The land referred to is situated in the State of Washington,County of KING ,and is described as follows PARCEL B• THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, EXCEPT THE SOUTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 5755895 PARCEL C THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE c'-) MERIDIAN, IN KING COUNTY, WASHINGTON, EXCEPT THE EAST 150 01 FEET THEREOF, AND o EXCEPT THE SOUTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH c— STREET BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 5837604 ^ PARCEL D. TRACTS 1 AND 4, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, p RECORDED IN VOLUME 12 OF PLATS, PAGE(S) 101, IN KING COUNTY, WASHINGTON, N EXCEPT THE WEST 120 FEET OF THE EAST 150 FEET OF THE NORTH 160 FEET OF THE WEST HALF OF SAID TRACT 1, AND EXCEPT THE NORTH 12 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEEDS RECORDED UNDER AUDITOR'S FILE NUMBERS 5761687 AND 5821507 EXLEGALE/RDA/O899 CHICAGO TITLE INSURANCE COMPANY EXHIBIT B Escrow No 560864 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY PURPOSE. ERECT, CONSTRUCT AND MAINTAIN A LINE OR LINES OF POLES AREA AFFECTED. A STRIP OF LAND 10 FEET IN WIDTH OVER, THROUGH AND ACROSS THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 10, BEING 5 FEET ON EITHER SIDE OF THE CENTERLINE OP A STRIP OF LAND UPON WHICH A POLE LINE OF PARTY OF SECOND PART IS AT PRESENT LOCATED, CONSTRUCTED AND ERECTED RECORDED AUGUST 3, 1904 RECORDING NUMBER 305589 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE THE PACIFIC TELEPHONE AND TELEGRAPH CO PURPOSE A POLE LINE c*s AREA AFFECTED. THE NORTH 10 FEET OF THE SOUTH 65 5 FEET OF THE WEST 180 FEET OF o PARCEL C RECORDED JUNE 5, 1946 cv RECORDING NUMBER 3575589 r, G THE DESCRIPTION ABOVE IS AS MODIFIED BY PARTIAL RELEASE OF EASEMENT •p RECORDED UNDER RECORDING NUMBER 6342439 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE A POLE LINE AREA AFFECTED- THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN THE PROPERTY HEREIN DESCRIBED RECORDED JUNE 5, 1946 RECORDING NUMBER 3575590 AFFECTS PARCEL B EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE KING COUNTY PURPOSE. DRAINAGE STRUCTURES/DITCHES AREA AFFECTED THE SOUTH 5 FEET OF PARCEL C RECORDED MARCH 27, 1987 RECORDING NUMBER 8703270467 EASEMENT AND THE TERMS AND CONDITIONS THEREOF EXHIBrr/RDA/0999 CHICAGO TITLE INSURANCE COMPANY EXHIBIT B EscrowNo 560864 (continued) GRANTEE KING COUNTY PURPOSE DRAINAGE STRUCTURES/DITCHES AREA AFFECTED THE SOUTH 6 FEET OF THE WEST 162 FEET AND THE SOUTH 5 FEET OF THE EAST 168 FEET, MORE OR LESS, OF PARCEL B RECORDED APRIL 6, 1987 RECORDING NUMBER 8704060405 EASEMENT AND THE TERMS AND CONDITIONS THEREOF. GRANTEE PUGET SOUND POWER & LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES TOGETHER WITH ALL NECESSARY OR CONVENIENT APPURTENANCES AREA AFFECTED THE SOUTH 10 FEET OF PARCEL B RECORDED APRIL 18, 1988 RECORDING NUMBER 8804180856 ts'► UNDERGROUND UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF cv cRi GRANTEE PUGET SOUND POWER & LIGHT COMPANY, 0 A WASHINGTON CORPORATION R PURPOSE ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES TOGETHER WITH ALL NECESSARY OR CONVENIENT APPURTENANCES AREA AFFECTED THE SOUTH 10 FEET OF PARCEL C CD RECORDED APRIL 18, 1988 cv RECORDING NUMBER. 8804180869 CONTAINS COVENANT PROHIBITING STRUCTURES OVER SAID EASEMENT OR OTHER • • ACTIVITIES WHICH MIGHT ENDANGER THE UNDERGROUND SYSTEM RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED GRANTEE KING COUNTY RECORDED JULY 1, 1964 RECORDING NUMBER 5755895 AFFECTS PARCEL B RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED GRANTEE KING COUNTY RECORDED JANUARY 27, 1965 RECORDING NUMBER 5837604 AFFECTS. PARCEL C TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NUMBER 4612 WHICH exhibitc/rim/121196 CHICAGO TITLE INSURANCE COMPANY EXHIBIT B Escrow No 560864 (continued) ESTABLISHED AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE IN A PORTION OF THE SOUTH HIGHLANDS, HEATHER DOWNS, AND MAPLEWOOD SUB-BASINS AND ESTABLISHED THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES RECORDED- JUNE 21, 1996 RECORDING NUMBER- 9606210966 AFFECTS INCLUDES OTHER PROPERTY EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE KING COUNTY PURPOSE UTILITIES AND DRAINAGE FACILITY AREA AFFECTED THE NORTH 8 FEET OF THE EAST HALF OF TRACT 1 RECORDED JUNE 23, 1987 RECORDING NUMBER. 8706230525 • SAID EASEMENT SUPERSEDES INSTRUMENT RECORDED UNDER RECORDING NUMBER 8704060409 sn cv EASEMENT AND THE TERMS AND CONDITIONS THEREOF p GRANTEE KING COUNTY PURPOSE UTILITIES AND DRAINAGE FACILITY AREA AFFECTED THE NORTH 8 FEET OF THE WEST HALF OF TRACT 1, CDEXCEPT THE WEST 120 FEET OF THE EAST 150 FEET OF THE NORTH 160 FEET O THEREOF •4v c RECORDED JUNE 23, 1987 RECORDING NUMBER 8706230526 SAID EASEMENT SUPERSEDES INSTRUMENT RECORDED UNDER RECORDING NUMBER • 8704060410 . RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED GRANTEE KING COUNTY RECORDED JULY 15, 1964 RECORDING NUMBER 5761687 RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED GRANTEE KING COUNTY RECORDED DECEMBER 10, 1964 RECORDING NUMBER 5821507 TERMS AND CONDITIONS OF CITY OF RENTON ORDINANCE NUMBER 4612 WHICH ESTABLISHED AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE IN A PORTION OF THE SOUTH HIGHLANDS, HEATHER DOWNS, AND MAPLEWOOD SUB-BASINS AND ESTABLISHED THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES- RECORDED JUNE 21, 1996 RECORDING NUMBER- 9606210966 AFFECTS. INCLUDES OTHER PROPERTY exhibitc/rlm/121196 CHICAGO TITLE INSURANCE COMPANY EXHIBIT B Escrow No 560864 (continued) LATECOMERS AGREEMENT BETWEEN CITY OP RENTON, A MUNICIPAL CORPORATION AND CENTEX HOMES RECORDED UNDER RECORDING NUMBER 2000042000998 ASSESSING FOLLOWING AMOUNTS REPORT PARCEL AGREEMENT PARCEL TAX ACCOUNT NO $$$ B 10 102305-9039 44,450.22 C 11 102305-9016 24,252 28 D 36 084710-0005 & 084710-0010 71,356 24 cv c+o 0 c, n c, 0 CV exhibitc/r1m/121196 111 Filed for record at request of, After recording,return to a' M HomeStreet Bank 2 rr��0010727001326 CHICGO Attn Residential Construction PAGE 00 TITLE DT 57 cmPAGE 1 OF 034 2000 Two Union Square 07//27/KING /22001 12:3TY, A1 601 Union Street Seattle,WA 98101-2326 MICROFILMED Loan Number RC80057-C DEED OF TRUST,SECURITY AGREEMENT, FIXTURE FILING,AND ASSIGNMENT OF RENTS Grantor(s): Morgan Court Investors,L L C ,a Washington limited liability company to 0 Additional on page cv c Grantee(s): Trustee Chicago Title Insurance Company CD Beneficiary- HOMESTREET BANK 0 Additional on page N cn Legal Description (abbreviated) El Complete legal on EXHIBIT A .o •N Assessor's Tax Parcel Identification No(s): Reference Nos.of Documents Released or Assigned: Not Applicable Tins Deed of Trust is a Security Agreement and Financing Statement under Article 9 of the Uniform Commercial Code, with Grantor/Trustor as Debtor and Grantee/Beneficiary as Secured Party THIS TRUST DEED,SECURITY AGREEMENT,FIXTURE FILING,AND ASSIGNMENT OF RENTS(the "Deed of Trust")dated July 10,2001,is made by and among Morgan Court Investors, L L C,a Washington limited liability company(collectively, if more than one individual or entity,the "Grantor"),whose address is 9375 SW Commerce Circle,#7,Wilsonville,OR 97070,Chicago Title Insurance Company(the "Trustee"),whose address is 10500 NE 8th St.,#1760,Bellevue,WA 98004, and HOMESTREET BANK,a Washington state chartered savings bank,(the "Beneficiary"),whose address is 2000 Two Union Square,601 Union Street,Seattle,Washington 98101-2326 Grantor is also referred to herem as"Borrower"and Beneficiary as"Lender" FILED BY CHICAGO TITLE INSURANCE CO. 314(4 Deed of Trust REF# S-g'4 $'Co 2. —/ 57 page 1 #141368 10011-6 312wo1 i doc 7/10/7001 Revised February 2000 I. • ARTICLE 1 GRANT IN TRUST AND SECURED OBLIGATIONS 1.1 Grant in Trust For good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,and for the purpose of securing payment and performance of the Secured Obligations defined and described in Section 1 2 for the benefit of Lender,Borrower hereby irrevocably and unconditionally grants,transfers,bargains,conveys and assigns to Trustee,in trust,with power of sale and right of entry and possession,and grants a security interest in,all estate,right,title and interest that Borrower now has or may later acquire in and to the following property(all or any part of such property,or any interest in all or any part of it,as the context may require,the "Collateral"),which Collateral is not used principally or primarily for agricultural or farming purposes 1.1.1 Land,Appurtenances,Easements. That certain real property and all interests therein located in King County,Washington,more particularly described in EXHIBIT A attached hereto and incorporated herein by this reference,together with all existing and future easements,access rights, appurtenances,privileges,licenses,hereditaments,franchises and tenements, including all minerals, oil, gas,and other commercially valuable substances that may be in, under or produced from any part of it (collectively,the `Land"), • vs) 1.1.2 Improvements. All buildings,structures,and improvements now located or later to be constructed on the Land(the "Improvements"), 1.1.3 Related Real Property and Improvements. All real property and improvements on it,and all appurtenances and other property and interests of any kind or character, ` > whether described in EXHIBIT A or not,that may be reasonably necessary or desirable to promote the present and any reasonable future beneficial use and enjoyment of the Land and Improvements, c5 1.1.4 Leases and Licenses. All existing and future leases,subleases,subtenancies, licenses,occupancy agreements,and concessions("Leases")relating to the use and enjoyment of all or any part of the Project(defined below),and any and all deposits, guaranties and other agreements relating to or made in connection with any of the Leases, 1.1.5 Goods,Materials,Fixtures,Etc. All goods,materials, supplies,chattels, furniture,appliances,furnishings,fixtures,equipment and machinery now or later to be attached to, placed in or on,or used in connection with the use,enjoyment, occupancy or operation of all or any part of the Project,whether stored on the Land or elsewhere,all of which shall be considered to the fullest extent of the law to be real property for purposes of this Deed of Trust, 1.1.6 Construction Materials and Equipment. All building materials,equipment, work in process or other personal property of any kind,whether stored on the Land or elsewhere,that have been or later will be acquired for the purpose of being delivered to, incorporated into,or installed in or about the Land or Improvements, 1.1.7 Borrower Funds. All of Borrower's interest in and to the proceeds of the Secured Obligations(defined below),whether disbursed or not;all present and future monetary deposits given by Borrower to any public or private utility with respect to utility services furnished to the Land or Improvements;and all accounts maintained by Borrower with Lender or any subsidiary or affiliate of Lender,including,without limitation,any accounts established in connection with the Secured Obligations, Deed of Trust page 2 N141368 10011-6 312w01 1 doc 7/10/2001 1.1.8 Rent,Issues,and Profits. All income,rents,security or similar deposits, revenues,issues,royalties,profits,leases,earnings,products and proceeds of the Land or Improvements, including,without limitation,all rights to the payment of money,accounts,accounts receivable,reserves, deferred payments,refunds,cost savings,insurance or condemnation proceeds,payments and deposits, and any proceeds from the sale of any lots comprising the Land and any Units, and any deposits on account thereof(collectively,the "Rents,Issues and Profits"), 1.1.9 Contracts and Plans. All construction contracts and subcontracts,consulting agreements,financing commitments and agreements,joint development agreements,service and maintenance agreements,marketing and listing agreements,lot reservation agreements,purchase and sale agreements,and other existing and future contracts relating to the Project,together with all deposits, escrows,payments,or other proceeds thereunder,and all plans and specifications for the construction of the Improvements(the "Plans"), 1.1.10 Miscellaneous Personal Property. Any and all personal property of any kind whatsoever,whether tangible or intangible,that is used or will be used in construction of,or is or will be placed upon or is derived from or used in any connection with the use, occupancy or enjoyment of,the Land or Improvements, 1.1.11 Books and Records. All books and records pertaining to any and all of the property described above,including records stored on computer readable media,and a limited sublicense ccn to use the computer hardware or software necessary to access such records("Books and Records"), 0 1.1.13 Rights Under Condominium Laws All of Borrower's right,title and interest in and to any and all units,declarant rights,and any other rights relating to the Land or the Improvements,whether now existing or subsequently arising,under any and all laws now existing or e- later enacted relating to condominiums, 1.1.14 Additional Property. Any additional personal property otherwise set forth c herein or listed on any UCC-1 financing statement filed to perfect Lender's security interest hereunder, N and 1.1.15 Proceeds. All proceeds of,additions and accretions to,substitutions and replacements for,and changes in any of the property described above The Land,Improvements,related real property,and all personal property now or hereafter installed on or used in connection with the Land and/or Improvements are collectively referred to herein as the "Project." The Project constitutes the bulk of,but not the entirety of,the Collateral 1.2 Secured Obligations. Borrower makes the grant,conveyance,transfer and assignment set forth in Section 1 1 and grants the security interest set forth in Section 2.1 for the purpose of securing the following obligations(the "Secured Obligations") in any order of priority that Lender may choose 1.2.1 Promissory Note. Payment of all obligations at any time owing under that Certain Adjustable Rate Promissory Note payable by Borrower,as maker,to the order of Lender, executed concurrently herewith(the Note), evidencing a loan from Lender to Borrower in the maximum outstanding principal amount of**THREE MILLION SEVEN HUNDRED SIXTY SIX THOUSAND FOUR HUNDRED FIFTY**Dollars,($3,766,450.00)(the`Loan"),together with interest thereon at a variable rate and any modifications,extensions or renewals thereof,whether or not any such modification,extension or renewal is evidenced by a new or additional promissory note or notes Deed of Trust page 3 1141368 10011-6 312w01'doc 7/10/2001 1.2.2 Loan Documents. Payment and/or performance of each and every other obligation of Borrower under the Note,this Deed of Trust,any construction or land loan agreement executed in conjunction therewith(the"Loan Agreement"),all other documents evidencing,securing,or otherwise governing the Loan(specifically excluding,however,for purposes of establishing the Secured Obligations,any obligations of borrower arising solely under any guaranty of the Secured Obligations or any indemnity agreement that by its terms is not secured hereby),and any and all amendments, modifications, and supplements thereto(the "Loan Documents"),the provisions of which are incorporated herein by this reference, 1.2.3 Related Loan Documents. Payment and/or performance of each covenant and obligation on the part of Borrower to be performed pursuant to any and all loan documents(the "Related Loan Documents')that have been or may be executed by Borrower or its affiliates evidencing or securing one or more present or future loans by Lender or its affiliates to Borrower or its Affiliates(collectively,the "Related Loans"),whether now existing or made in the future,together with any and all modifications, extensions and renewals thereof,provided,however,that nothing contained herein shall be construed as imposing an obligation upon Lender,or as evidencing Lender's intention,to make any Related Loan to Borrower, 1.2.4 Future Obligations. Payment to Lender of all future advances, indebtedness and further sums and/or performance of such further obligations as Borrower or the then record owner of t^+ the Project or the then owner of the balance of the Collateral may undertake to pay and/or perform cra' (whether as principal,surety,or guarantor)for the benefit of Lender,its successors or assigns,when such borrowing and/or obligations are evidenced by a written instrument reciting that it or they are secured by this Deed of Trust,and cv 1.2.5 Modifications and Amendments. Payment and performance of all w> modifications,amendments,extensions, and renewals,however evidenced,of any of the Secured Obligations. All persons who may have or acquire an interest in all or any part of the Collateral will be considered to • have notice of, and will be bound by,the terms of the Secured Obligations and each other agreement or instrument made or entered into in connection with each of the Secured Obligations ARTICLE 2 SECURITY AGREEMENT 2.1 Grant of Security Interest. This Deed of Trust creates a lien on the Collateral,and constitutes an absolute assignment of the Rents,Issues and Profits and of the Leases, all in favor of Lender To the extent that any part of the Collateral or Rents,Issues and Profits and Leases may be,or are determined to be,personal property,Borrower,as debtor,hereby grants to Lender,as secured party,a security interest in such part of the Collateral and Rents,Issues and Profits and Leases as is determined to be personal property,to secure payment and performance of the Secured Obligations As to such personal property,this Deed of Trust constitutes a security agreement under the Uniform Commercial Code of the state in which the Project is located(the "Project State') 2.2 Perfection of Security Interest. Borrower shall execute one or more financing statements and such other documents as Lender may from time to time require to perfect and continue Deed of Trust page 4 H141368 10011-6 312w01idoc 7/10/2001 the perfection of Lender's security interest in any part of the Collateral or the Rents,Issues and Profits and Leases. Borrower shall pay all fees and costs that Lender may incur in filing such documents in public offices and in obtaining such record searches as Lender may reasonably require If Borrower fails to execute any financing statements or other documents for the perfection or continuation of any security interest,Borrower hereby appoints Lender as its true and lawful attorney-in-fact to execute any such documents on its behalf. If any financing statement or other document is filed in the records normally pertaining to personal property,that filing shall not be construed as in any way derogating from or impainng the declaration and the stated intention of the parties hereto that the Collateral and all components thereof are,to the maximum extent possible,real property or otherwise impair the rights or obligations of the parties under this Deed of Trust 2.3 Fixture Filing This Deed of Trust constitutes a financing statement filed as a fixture filing under the Uniform Commercial Code in effect in the Project State,as amended or recodified from time to time,covering any part of the Collateral that now is or later may become fixtures attached to the Land or Improvements 2.4 Nature of Collateral.Borrower and Lender agree that the filing of a financing statement in the records having to do with personal property shall never be construed as in any way derogating from or impairing the declaration and the stated intention of the parties hereto that the Collateral and all components thereof are,to the maximum extent possible,real property,subject to Lender's right on default to exercise, in any manner permitted by applicable law,those remedies(a)available to Lender under this Deed of Trust,(b)available to Lender as a secured party under the provisions of the UCC,or (c)otherwise provided for by law or available in equity. Whenever Lender's security shall be deemed to include personal property,Lender shall be entitled to foreclose against such property in connection with and as a part of any judicial or nonjudicial proceeding against the real property secured hereby,the cv parties hereby acknowledging that such foreclosure constitutes a commercially reasonable method of selling such property,or,in Lender's sole discretion and as permitted by applicable Iaw,to pursue any and all other remedies afforded a secured party under the UCC or other applicable law In case of a ca default hereunder,Borrower agrees to assemble all such property and make it available to the Trustee or Lender as secured party at a place to be designated by such party that is reasonably convenient to all cv parties. ARTICLE 3 ASSIGNMENTS 3.1 Assignment of Rents. 3.1.1 Assignment. Borrower hereby irrevocably,presently,absolutely and unconditionally assigns and transfers to Lender (a)the Rents,Issues and Profits, whether now due,past due,or to become due,together with the right,power and authority to collect the same,(b) all Leases by or through Borrower as lessor,written or oral,now in existence or hereafter arising, and any and all extensions or renewals thereof,together with the right,power and authority of Borrower to alter,modify or change the terms thereof or surrender,cancel or terminate the same,and(c)any and all guarantees of any obligations of any lessee under each of the Leases(a "Lessee") The assignments in this Section are absolute assignments and irrevocable from Borrower to Lender and not merely the passing of security interests or assignments for security only Deed of Trust page 5 #141368 10011-6 312w01/doe 7/10/2001 3.1.2 Grant of License. Lender hereby confers upon Borrower a license("License") to collect and retain the Rents,Issues and Profits as they become due and payable,and to administer the Leases, so long as no Event of Default,as defined in Section 6 1,shall exist and be continuing If an Event of Default has occurred and is continuing,such License shall terminate without notice to or demand upon Borrower,without regard to the adequacy of Lender's security under this Deed of Trust 3.1.3 Collection and Application of Rents,Issues and Profits. Subject to the License granted to Borrower under Section 3 1.2,Lender has the right,power,and authority to collect any and all Rents,Issues and Profits and administer the Leases Borrower hereby appoints Lender its attorney-in-fact,coupled with an interest,to,at such times as Lender may choose in its sole discretion (a)demand,receive and enforce payment of any and all Rents,Issues and Profits,(b)give receipts, releases and satisfactions for any and all Rents,Issues and Profits;or(c)sue either in the name of Borrower and/or in the name of Lender for any and all Rents,Issues and Profits. Lender's right to the Rents,Issues and Profits does not depend on whether or not Lender takes possession of the Project as permitted hereunder 3.1.4 Lender Not Responsible. Under no circumstances shall Lender have any duty to produce Rents,Issues and Profits from the Project. Regardless of whether or not Lender, in person or by agent,takes actual possession of the Project,Lender is not and shall not be deemed to be• (a)a "mortgagee in possession"for any purpose;(b)responsible for performing any of the obligations of the lessor under any Lease,(c)responsible for any waste committed by Lessees or any other parties,any dangerous or defective condition of the Project,or any negligence in the management,upkeep,repair or ccs control of the Project, or(d)liable m any manner for the Project or the use,occupancy,enjoyment or operation of all or any part of it,except for such matters as may arise from the willful misconduct and bad faith of Lender 3.1.5 Leasing. Borrower shall not lease the Project or any part of it unless permitted under the Loan Agreement,and then only strictly in accordance with the Loan Agreement If any leasing is permitted,Borrower shall not accept any deposit or prepayment under any Lease for any rental period exceeding one month without Lender's prior written consent Q 3.2 Assignment of Permits,Contracts,and Plans. In addition to and without in any way ,� derogating from the security interest granted Lender in the Collateral,Borrower hereby assigns,grants, transfers,and sets over unto Lender,Borrower's right,title,and interest in,to,and under any and all permits,approvals,commitments,designs,plans,specifications,construction,architectural and engineering contracts, subcontracts,appraisals,listing agreements,and any and all other contracts for work product relating to development or construction on the Property or any part thereof,together with all amendments,modifications,supplements,revisions,and addenda thereto heretofore or hereafter prepared or executed(collectively,the "Permits, Contracts, and Plans") 3.2.1 Security for Loan. This assignment is made as additional security for the payment and performance of all of the Secured Obligations 3.2.2 Liabilities. Lender does not assume any obligations or duties of Borrower under the Permits,Contracts,and Plans unless and until Borrower shall have been given written notice that Lender is exercising its right to complete or cause the completion of construction on the Property in accordance with the terms of the Loan Documents If Lender does not directly undertake to complete development or construction of the Property,Lender may assign such Permits,Contracts,and Plans to, and such obligations and duties of Borrower in connection with the Permits,Contracts,and Plans shall be Deed of Trust page 6 #141368 10011-6 312w01'doe 7/10/2001 assumed by,the person or entity designated by the Lender for the purpose of completing such development or construction,and Lender shall have no liability whatsoever for the performance of any such obligations and duties 3.2.3 Representations and Warranties of Borrower. Borrower represents and warrants to Lender that 3.23.1 No Prior Assignments. There have been no pnor assignments of its rights,title,and interest in,to,and under the Permits,Contracts,and Plans, 3.2.3.2 Authority. Borrower has full power and authority to assign its rights, title,and interest in,to,and under the Permits,Contracts,and Plans to Lender and no consents or approvals of any other person or entities are necessary in order for Borrower to validly execute, deliver, and perform this assignment, 3.2.33 No Defaults or Modifications. All covenants,conditions,and agreements set forth in the Permits,Contracts,and Plans have been performed as required as of the date hereof and neither Borrower nor any other party is in default thereunder Borrower shall not amend or modify any of the terms and conditions of the Permits,Contracts,and Plans without the prior written approval of Lender,nor shall Borrower assign,transfer,mortgage,or otherwise convey or encumber any of its rights,title,or interest in,to,or under the Permits, Contracts,and Plans so long as any of Borrower's obligations under the Loan Documents remain unfulfilled cc? 3.2.4 Attorney-in-Fact. Borrower hereby irrevocably constitutes and appoints Lender as its attorney-in-fact,upon the occurrence of any defaults hereunder or under any of the other c••y Loan Documents,to demand,receive, and enforce any and all of Borrower's rights under and with 4 respect to the Permits,Contracts,and Plans, and to perform any and all acts with respect to the Permits, Contracts,and Plans that Lender deems necessary or desirable with the same force and effect as if c�u performed by Borrower in the absence of this assignment 3.2.5• Assignment for Security. This assignment is for security purposes only Lender shall have no right pursuant to this assignment to enforce Borrower's rights with respect to the 'q Permits,Contracts, and Plans until Borrower shall be in default under any of its obligations to Lender • car pursuant to this Deed of Trust or any of the other Loan Documents On the occurrence of any such default,Lender,without effecting any of its rights or remedies against Borrower under any other instrument,document,or assignment,may exercise its rights under this assignment or in any other manner permitted by applicable law,and in addition,Lender shall have and possess,without limitation, any and all rights and remedies of a secured party under the UCC or as otherwise provided by law 3.2.6 Indemnity. Borrower shall indemnify and hold Lender harmless from and against any and all claims,demands, liabilities, losses,lawsuits,judgments,damages,costs and expenses,including,without limitation,attorneys'fees and costs,to which Lender may be exposed or which Lender may incur in exercising any of its rights under this assignment Deed of Trust page 7 0141368 10011-6 312w01l doc 7/10/2001 ARTICLE 4 ENVIRONMENTAL AND ACCESS LAWS 4.1. Definitions. The following terms shall have the meanings specified below 4.1.1 "Access Laws"means the Fair Housing Act of 1968 as amended,the Americans With Disabilities Act of 1990 as amended,all government and private covenants,conditions,and restrictions relating to the Land,building code requirements and laws affecting the construction of improvements on the Land,and all other federal,state and local laws,ordinances,regulations and rules relating to the construction,operation, and maintenance of the improvements on the Land and the marketing and use of such improvements in a non-discriminatory manner 4.1.2 "Affected Property"means any real property adjacent to or near the Project, the use of which could reasonably cause contamination of the Project,or which could become contaminated with Hazardous Substances as a result of construction,operations or other activities involving Hazardous Substances on,under,or over the Land. 4.1.3 "Environmental Laws"means all federal,state and local laws, statutes,codes, ordinances,regulations,judgments,orders,injunctions,decrees,covenants,restrictions and standards presently in effect or that may be promulgated in the future relating to the use,release,handling,storage, transportation,clean-up, or other disposal of Hazardous Substances,or relating to the water quality,air quality,soils quality,and other environmental quality of real property and improvements constructed upon real property,as such laws and ordinances may be amended from time to time 4.1.4 "Environmental Reports"means the soils, geologic,and engineering reports prepared to assess any environmental risks associated with the Project or otherwise required by Lender cv 4.1.5 "Hazardous Substances"means any waste,pollutants,contaminants,petroleum or petroleum product, asbestos,tremolite,anthophylite or actinolite,polychlorinated biphenyls,or other q chemical,substance,or material that• (i)after release into the environment and upon exposure, ingestion,inhalation,or assimilation, either directly from the environment or indirectly by ingestion -- through food chains,will or may reasonably be anticipated to cause death,disease, behavior c' abnormalities,cancer and/or genetic abnormalities,or(ii)is now or at any time in the future becomes regulated under,or is defined,classified or designated as hazardous,toxic,radioactive or dangerous,or other similar term or category under any Environmental Laws. 4.2 Representations and Warranties. Borrower makes the following representations and warranties to Lender 4.2.1 Environmental Laws. Except for any contamination or environmental condition that may be disclosed in any environmental reports obtained by Lender prior to the date hereof or that has otherwise been disclosed in writing by Borrower to Lender,Borrower has no knowledge of (i)the presence of any Hazardous Substances on the Project, including all personal property located on the Land,the soil and the groundwater on or under the Land, including any streams crossing or abutting the Land,and the aquifer underlying the Land,(ii)any spills,releases,discharges or disposal of Hazardous Substances that have occurred or are presently occurring on or into the Project or the Affected Property,and(iii)any failure of the Project to comply fully with all applicable Environmental Laws To the best of Borrower's knowledge,Borrower's intended uses of the Project, including but not limited to Deed of Trust page 8 #141368 10011-6 312w01'doc 7/10/2001 the improvements and materials to be constructed and installed on and in the Project and the work method for accomplishing such construction,comply fully with all Environmental Laws 4.2.2 Access Laws. Except for any non-compliance that has been disclosed in writing by Borrower to Lender,Borrower has no knowledge of any failure of the Project or the plans and specifications for improvements on the Project to comply fully with all applicable Access Laws To the best of Borrower's knowledge,Borrower's intended uses of the Project, including but not limited to the improvements and materials to be constructed and installed on and in the Project,the work method for accomplishing such construction,and the plan for marketing the Improvements constructed on the Land comply fully with all Access Laws 4.3. No Waivers of Other Indemnifications Relating to Environmental Condition. Except as set forth herein or in any separate indemnity agreement executed by Borrower in connection with the Loan (i)Borrower has not and will not release or waive the liability of any past or current owner, lessee,or operator of the Project,any party who performs work on the Project,or any party who may be responsible for the presence of or removal of Hazardous Substances on or from the Project or the Affected Property,and(u)Borrower has made no prior promises of indemnification to any party relating to the existence or non-existence of Hazardous Substances on the Project 4.4. Obligation to Comply with Environmental and Access Laws. Borrower shall construct,keep,and maintain the Collateral in compliance with any and all laws relating to public safety and the condition of the environment, including but not limited to the Environmental Laws and the Access Laws Borrower covenants that,so long as Borrower owns any interest in the Project,Borrower and Borrower's agents,contractors, authorized representatives,and employees shall not engage in any of the following prohibited activities,and Borrower shall use diligent efforts to assure that Borrower's c' invitees and tenants,and such tenants employees,agents,and invitees shall not (i)cause or permit any release or discharge of Hazardous Material on the Project other than in full compliance with all Environmental Laws, (ci)cause or permit any manufacturing, storage, holding,handling,usage, placement,transporting,spilling, leaking,discharging,or dumping of Hazardous Material in or on any portion of the Project other than in full compliance with all Environmental Laws,(ni)suffer or permit any other act upon or concerning the Project that would result in a violation of any Environmental Law t=' or require any alterations or improvements to be made on the Project under any of the Environmental o Laws,or(iv)suffer or permit any other act upon or concerning the Project that would result in a • •o violation of any Access Law or require any alterations or improvements to be made on the Project under any of the Access Laws 4.5. Obligation to Cure Non-Compliance. 4.5.1 If Borrower at any time becomes aware of(0)any Hazardous Substances on or other environmental problem or liability with respect to the Project or any Affected Property,(ii)any failure of the Project or the Improvements to comply with any of the Environmental Laws, (i»)any failure of the Project or the Improvements or the marketing efforts and other operations undertaken with respect thereto to comply with any of the Access Laws,or(iv)any lien,action or notice resulting from violation of any Environmental Laws or Access Laws,Borrower shall immediately notify Lender,and shall thereafter exercise due diligence to ascertain the scope and nature of such condition and provide all notices that state or federal law may require 4.5.2 If,upon giving such notice or for any other reason,one or more governmental agencies having appropriate jurisdiction requires removal or treatment of Hazardous Substances from or Deed of Trust page 9 11141368 10011-6 312w01'doc 7/10/2001 on the Project or the making of alterations to the Project to conform to Access Laws,or such removal, treatment,or alteration is required by Environmental Laws or Access Laws,Borrower will (i)take all actions that are necessary or desirable to clean up any Hazardous Substances affecting the Project, including removal,treatment,containment or any other remedial action required to restore the Project to a safe condition in compliance with applicable laws and regulations,including Environmental Laws, (u)take all actions that are necessary or desirable to modify the Project and all Improvements and marketing materials so as to achieve compliance with applicable laws and regulations,including Access Laws,and/or(in)attempt,through appropriate legal or administrative proceedings,to obtain a stay of enforcement proceedings if Borrower believes in good faith that Borrower is not required by law to cure such Hazardous Substances condition or to make alterations to comply with Access Laws 4.5.3 Except for removal or treatment of any Hazardous Substances deposited on the Project by Lender,Borrower agrees that the amelioration,treatment,containment,or removal of all Hazardous Substances that may be discovered on the Project shall be at Borrower's sole expense, reserving unto Borrower any claims for contribution or indemnity that Borrower may have against other parties who may be held liable therefor 4.6. Indemnification of Lender. Borrower shall indemnify and hold Lender harmless from and against any and all claims,demands,damages,losses, liens,liabilities,penalties,fines, lawsuits and other proceedings and costs and expenses(including attorneys'fees and disbursements)that result in actual cost and expense to Lender prior to any transfer of the Project pursuant to foreclosure proceedings or in lieu thereof, and arise directly or indirectly from or out of,or in any way connected with (i)the inaccuracy of the representations contained herein;(ii)any activities on the Project during Borrower's ownership,possession or control of the Project that directly or indirectly result in the Project or any Affected Property becoming contaminated with Hazardous Substances;(in)the discovery and/or clean tiZr up of Hazardous Substances that were deposited on or were existing on the Project prior to such a c+s transfer or that were deposited on any Affected Property as a result of Borrower's actions or omissions, 0 or(iv)any alleged or actual failure of any improvements now or hereafter constructed on the Project to CD continuously comply with all Access Laws now or hereafter enacted for any reason whatsoever Borrower acknowledges that,as between Borrower and Lender,Borrower will be solely responsible for 0" all costs and expenses relating to the clean up of Hazardous Substances from the Project or the clean up of any Hazardous Substances from any Affected Property as a result of Borrower's actions or omissions and the modification and correction of any of the improvements constructed on the Project so as to comply fully with all Access Laws ARTICLE 5 RIGHTS AND DUTIES OF THE PARTIES 5.1 Performance of Secured Obligations. Borrower shall promptly pay and perform each Secured Obligation in accordance with its terms 5.2 Representations and Warranties. Borrower represents and warrants that, except as previously disclosed and accepted by Lender in writing. 5.2.1 Title to Land and Improvements. Borrower holds fee simple title to all of the Land and Improvements,subject only to such exceptions and encumbrances as have been approved in Deed of Trust page 10 #141368 10011-6 312w01'doc 7/10/2001 writing by Lender(the "Permitted Exceptions'),and Borrower has or will have good title to all portions of the Collateral other than the Land and Improvements 5.2.2 Title to Personal Property. Borrower owns any portion of the Collateral that is personal property free and clear of any security agreements,reservations of title, or conditional sales contracts, and there is no financing statement affecting such personal property on file in any public office other than in Lender's favor 5.2.3 Right to Encumber/Priority. Borrower has the full and unlimited power,right, and authority to encumber the Collateral and assign the Rents,Issues and Profits and Leases Upon recording of this Deed of Trust and filing of a UCC Financing Statement with respect to any portion of the Collateral that is determined to be personal property,this Deed of Trust, Security Agreement, and Fixture Filing will create a first and prior lien on the Collateral that is subject and subordinate to no other liens except for the Permitted Exceptions 5.2.4 Commercial Purposes The Loan and the other Secured Obligations were obtained by Borrower and will continue to be used for commercial or business purposes,other than agricultural,timber,or grazing purposes,and not for personal,family or household purposes 5.3 Taxes and Assessments. Borrower shall pay or cause to be paid when due,all general real and personal property taxes,special and supplemental real and personal property taxes and assessments, license fees,license taxes,levies,charges,penalties,or other taxes or similar impositions imposed by any public or quasi-public authority or utility company that are or may become a lien upon the Collateral or any portion thereof or interest therein,or that may cause any decrease in the value of the Collateral or any part of it Borrower shall also pay when due all real property taxes,assessments, levies and charges imposed by any public authority upon Lender by reason of its interest in the Collateral created hereby All of the foregoing taxes,assessments and other charges payable by Borrower with respect to the Collateral are collectively referred to as the "Impositions." If requested by Lender, Borrower shall furnish Lender with receipts from the appropriate taxing authority or other proof satisfactory to Lender that all Impositions have been paid on or before the date upon which they become delinquent 5.4 Liens,Charges and Encumbrances. Borrower shall not encumber or permit the encumbrance of the Collateral without Lender's prior written consent and Borrower shall immediately o discharge any lien on the Collateral to which Lender has not consented in writing Borrower shall pay or • cause to be paid when due all obligations secured by or reducible to liens and encumbrances that shall now or hereafter encumber or appear to encumber the Collateral or any part thereof,all claims for work or labor performed,or materials or supplies furnished, in connection with any work upon the Project, whether the lien,charge or encumbrance is or would be senior or subordinate to this Deed of Trust, provided,however,that Borrower shall not be in default hereunder due to any such lien,charge,or encumbrance that is a Permitted Exception Lender hereby expressly reserves the right to advance any and all funds necessary to cure any and all such obligations,and/or claims 5.5 Required Insurance. Borrower shall keep the following insurance coverages in effect with respect to the Collateral (a)builder's risk insurance against loss by fire and the hazards now or hereafter embraced by the standard"All Risk"form of insurance, including course of construction insurance covering theft of materials,in an amount equal at all times to the full insurable value of the Improvements All such insurance coverage shall contain a"replacement cost endorsement"without reduction for depreciation,and shall also contain loss of rents and/or business interruption insurance Deed of Trust page 11 #141368 10011-6 312w01'doc 7/10/2001 coverage,a fluctuating value endorsement with a waiver of the co-insurance clause(or an agreed amount endorsement with an inflation guard endorsement),and shall contain such other endorsements as Lender may reasonably request All such endorsements shall be in form and substance satisfactory to Lender, (b)comprehensive public liability insurance against claims for bodily injury,death or property damage occurring on,in or about the Land of the Improvements in amounts and on terms acceptable to the Lender;(c)flood insurance in an amount satisfactory to Lender and on terms satisfactory to Lender if the Land is located in a designated flood hazard area,and(d)insurance against such similar or other hazards, casualties, liabilities and contingencies, in such forms and amounts,as Lender may from time to time reasonably require. Each insurance policy shall be with a company and in a form acceptable to Lender Each hazard insurance policy shall include a Form 438BFU or equivalent mortgagee endorsement in favor of Lender Each liability insurance policy shall name Lender as an additional insured All required policies will provide for at least ten(10) days' written notice to Lender prior to the effective date of any cancellation or material amendment,which term shall include any reduction in the scope or limits of coverage Borrower shall furnish to Lender the original of each required insurance policy,or a certified copy thereof together with a certificate of insurance setting forth the coverage,the limits of liability,the carrier,the policy number and the expiration date Borrower shall promptly furnish to Lender all renewal notices relating to insurance policies Borrower shall pay all premiums on insurance policies etzt (-Ns directly to the carrier At least thirty(30)days prior to the expiration date of each such policy,Borrower "" shall furnish to Lender a renewal policy in a form acceptable to Lender,together with evidence that the renewal premium has been paid As security for the Secured Obligations,Borrower hereby assigns to Q Lender all required insurance policies,together with all proceeds thereof,rights thereto and all unearned premiums returnable upon cancellation N 0 5.6 Insurance and Condemnation Proceeds. 5.6.1 Payment to Lender. Borrower hereby absolutely and irrevocably assigns to .c:, Lender,and authorizes the payor to pay to Lender,the following claims,causes of action,awards, payments and rights to payment,together with all interest that may accrue thereon(collectively,the "Claims") 5.6.1.1 Condemnation Awards. All awards of damages and all other compensation payable directly or indirectly because of a condemnation, proposed condemnation, or taking for public or private use that affects all or part of the Collateral or any interest in it, 5.6.1.2 Warranty Claims. All awards,claims,and causes of action arising out of any warranty affecting all or any part of the Collateral,or for damage or injury to or decrease in value of all or part of the Collateral or any interest in it, and 5.6.1.3 Insurance Proceeds. All proceeds of any insurance policies payable because of damage or loss sustained to all or part of the Collateral 5.6.2 Notice to Lender. Borrower shall immediately notify Lender in writing if (i)any damage occurs or any injury or loss is sustained to all or part of the Collateral,whether or not covered by insurance or warranty,or any action or proceeding relating to any such damage, injury,or loss is commenced,or(ii)any offer is made,or any action or proceeding is commenced,that relates to any actual or proposed condemnation or taking of all or part of the Collateral 5.6.3 Pursuit of Claims.Borrower shall pursue recovery of all such Claims and defend its rights under any proceeding for condemnation of the Collateral or any part thereof and Deed of Trust page 12 11141368 10011-6 312w01'doc 7/10/2001 prosecute the same with due diligence to its final disposition,and shall cause any awards or settlements to be paid over to Lender for disposition pursuant to the terms of this Deed of Trust Lender may,at Lender's option and in Lender's sole discretion,as attorney-in-fact for Borrower,make proof of loss and adjust and compromise any CIaims,appear in or prosecute any action or proceeding to enforce the Claims,or participate in any action or proceeding relating to condemnation or taking of all or part of the Collateral,and may join Borrower in adjusting any loss covered by insurance. Borrower shall deliver or cause to be delivered to Lender such instruments as may be requested by Lender from time to time to permit Lender to take any such actions 5.6.4 Application of Proceeds. All proceeds of the Claims that Borrower may receive or be entitled to receive shall be paid to Lender. Lender shall apply any proceeds received by it hereunder first to the payment of the reasonable costs and expenses incurred in the collection of the proceeds. Lender shall then apply the remaining balance of such proceeds(the "Net Claims Proceeds"), in its absolute discretion and without regard to the adequacy of its security. (i)to any of the Secured Obligations,notwithstanding the fact that Secured Obligations may not be due according to the terms thereof,(ii)to reimburse Borrower for the costs of reconstructing the Improvements or otherwise repairing or restoring the Collateral,or(iii)to Borrower,provided,however,that if there are no outstanding Events of Default under any of the Loan Documents and Borrower establishes,to Lender's reasonable satisfaction,that Borrower has sufficient funds,including the Net Claims Proceeds,to fully rebuild or repair the Collateral within the remaining term of the Loan and without delaying the completion date of the Project,Lender shall make disbursements of the Net Claims Proceeds for ccz purposes of repair or restoration of the Collateral. 5.6.5 Restoration. If the Net Claims Proceeds are used to reimburse Borrower for the cost of reconstruction,restoration,or repair of the Collateral,the Collateral shall be promptly and cn diligently restored by Borrower to the equivalent of its condition immediately prior to the casualty or condemnation in accordance with the Plans or to such other condition as Lender may approve in writing, c-+. and disbursements of such Net Claims Proceeds shall be in accordance with disbursement procedures t--.., acceptable to Lender If,after applying the Net Claims Proceeds to the Secured Obligations,Lender reasonably determines the remaining security to be inadequate to secure the remaining Secured a Obligations,Borrower shall,upon written demand from Lender,repay an amount that will reduce the am., remaining Secured Obligations to a balance for which adequate security is present 5.7 Maintenance and Preservation of the Collateral. Borrower covenants (a)to maintain and preserve the Collateral in good condition and repair and in a prudent businesslike manner, (b)not to remove,demolish or structurally alter the Collateral or any part thereof, or alter,restore or add to the Collateral,or initiate or allow any change in any zoning or other land use classification that affects the Collateral or any part of it,except with Lender's express prior written consent,and except such alterations as may be required by laws,ordinances,rules,regulations,or orders of governmental authorities or by the terms hereof,(c)to comply with and not suffer violations of any existing and future subdivision laws,building codes,zoning laws and regulations,and other laws,regulations,ordinances, rules, codes,orders,directives,guidelines,building restrictions and requirements of,and all agreements with and commitments to,all federal,state,county or municipal governmental,judicial or legal authorities or agencies having jurisdiction over the Borrower or the Project,including those pertaining to the construction,sale,lease,or financing of the Improvements,and all recorded covenants and restrictions affecting the Project(the "Requirements");(d)not to commit or permit any waste to or deterioration of the Collateral,(e)to perform all other acts that from the character or use of the Collateral Deed of Trust page 13 N141368 10011-6 312w01 i doc 7/10/2001 may be reasonably necessary to maintain and preserve its value;(f)to perform all obligations required to be performed under the Loan Documents,and all other obligations of Borrower pertaining to the Collateral,and(g)to execute and,where appropriate, acknowledge and deliver such further instruments as Lender or Trustee may deem necessary or appropriate to preserve,continue,perfect and enjoy the security provided for herein 5.8 Defense and Notice of Actions; Costs. Borrower shall,without liability,cost,or expense to Lender or Trustee,protect, preserve,and defend Borrower's fee interest in and to the Project and Borrower's interest in the Collateral,the security of this Deed of Trust,any additional or other security for the Secured Obligations,and the rights or powers of Lender or Trustee hereunder against all adverse claims. Said protection,preservation,and defense shall include, but not be limited to,protection, preservation and defense against all adverse claimants to and encumbrancers of Borrower's interest in the Collateral,whether or not such claimants or encumbrancers assert an interest paramount to that of Lender Borrower shall give Lender and Trustee prompt notice in writing of the filing of any such action or proceeding Borrower shall pay all costs,fees,and expenses including,without limitation,costs of evidence of title,trustees' fees,and reasonable attorneys' fees paid or incurred in any action or proceeding in which Lender and/or Trustee may appear or be made a party,whether or not pursued to final judgment,and in any exercise of the power of sale or other remedy contained herein,whether or not such sale is actually consummated or such other remedy is actually prosecuted to completion 5.9 Right of Inspection. Lender,its agents,employees and representatives shall have the right to enter the Project at any reasonable time for the purpose of inspecting the Project and ascertaining is Borrower's compliance with the terms hereof,and for such other purposes and in accordance with the terms specified in any of the other Loan Documents 5.10 Actions of Trustee. Trustee accepts this trust when this Deed of Trust,duly executed o and acknowledged,becomes a public record as provided by law c•a 5.10.1 Compensation. Borrower agrees to pay fees in the maximum amounts legally permitted,or reasonable fees as may be charged by Lender and Trustee when the law provides no maximum limit, for any services that Lender or Trustee may render in connection with this Deed of Trust Borrower further agrees to pay or reimburse Lender for all costs,expenses and other advances c=fr that may be incurred or made by Lender or Trustee in any efforts to enforce any terms of this Deed of Trust,whether any lawsuit is filed or not,or in defending any action or proceeding arising under or relating to this Deed of Trust, including attorneys' fees and other legal costs,costs of any Foreclosure Sale(as defined in Section 6 2 8)or bankruptcy proceeding affecting the Borrower or the Collateral,and any cost of evidence of title 5.10.2 Exculpation. Lender shall not be directly or indirectly liable to Borrower or any other person as a consequence of (i)Lender's exercise of or failure to exercise any rights,remedies, or powers granted to it in this Deed of Trust or to perform or discharge any obligation or liability of Borrower under any agreement related to the Collateral or under this Deed of Trust;or(ii) any loss sustained by Borrower or any third party resulting from any act or omission of Lender in managing the Project,unless the loss is caused by the willful misconduct or gross negligence of Lender Borrower hereby expressly waives and releases all liability of the types described above,and agrees that no such liability shall be asserted against or imposed upon Lender 5.10.3 Indemnification Borrower agrees to indemnify Trustee and Lender against and hold each of them and their respective officers,employees,agents,and representatives,harmless from Deed of Trust page 14 #141368 10011-6 3121v01 i doc 7/10/2001 and against any and all losses,damages,liabilities,claims,causes of action,judgments,court costs, attorneys' fees,and other legal expenses,cost of evidence of title,cost of evidence of value,and other costs and expenses that either may reasonably suffer or incur (i)in performing any act required or permitted by this Deed of Trust or any of the other Loan Documents or by law,(ii)because of any failure of Borrower to perform any of its Secured Obligations, or(iii)because of any alleged obligation of or undertaking by Lender to perform or discharge any of the representations,warranties,conditions, covenants or other obligations in any document relating to the Collateral other than the Loan Documents This agreement by Borrower to indemnify Trustee and Lender shall survive the release and cancellation of any or all of the Secured Obligations and the full or partial release and/or reconveyance of this Deed of Trust 5.10.4 Payment by Borrower. Borrower shall fulfill all obligations to pay money arising under this Section immediately upon demand by Trustee or Lender Each such obligation shall be added to,and considered to be part of,the principal of the Note,and shall bear interest from the date the obligation arises at the rate applicable to the principal balance of the Note,as such rate may be adjusted 5.11 Permitted Actions. 5.11.1 Releases,Extensions,Modification,and Additional Security. From time to time,Lender may perform any of the following acts without incurring any liability or giving notice to any person (i)release any person Iiable for payment of any Secured Obligation,(►i)extend the time for payment, or otherwise alter the terms of payment, of any Secured Obligation,(iii)accept additional real or personal property of any kind as security for any Secured Obligation,or(iv)alter,substitute,or & a release all or any portion of the Collateral 5.11.2 Powers of Trustee. From time to time when requested to do so by Lender in c writing,Trustee may perform any of the following acts without incurring any liability or giving notice to any person and without affecting the personal liability of any person for payment or performance of any of the Secured Obligations (i)consent to the making of any plat or map of the Project or any part of it, (ii)join in granting any easement or creating any covenant or restriction affecting the Project,(iii)join in Q any extension,subordination,or other agreement affecting this Deed of Trust or the lien of it,or (iv)reconvey the Collateral or any part of it without any warranty c:� 5.12 Partial Reconveyance. Upon Borrower's fulfillment of all of the terms and conditions set forth in the Loan Documents,Lender agrees,at any time upon the written request of Borrower,to direct Trustee to execute and deliver a partial reconveyance releasing from the lien of this Deed of Trust each of the separate subdivision lots that collectively constitute the Land(each lot to be released is hereinafter referred to as a "Release Unit")so long as (i)there does not exist any uncured default under any of the Loan Documents or any event which,following notice and/or the expiration of any applicable cure period without a cure,would constitute an default thereunder,(ii)the Release Unit and the real property remaining subject to the Deed of Trust shall each constitute legal and separately conveyable parcels with reasonable and adequate access to public streets and utilities, in accordance with the Plans, and(iii)Lender receives the release price established in the Loan Documents(the `Release Price")and all other amounts it is entitled to receive thereunder. Except as specifically provided in the Loan Documents,Lender shall not be obligated to reconvey the lien of the Deed of Trust, in whole or in part, until it has received payment in full of all amounts due Lender under any of the Loan Documents Lender's acceptance of any payment or instruction to the Trustee to issue any partial reconveyance shall not affect Borrower's obligation to repay all amounts that remain owing under the Loan Documents or Deed of Trust page 15 #141368 10011-6 312w01'doc 7/10/2001 the secunty of this Deed of Trust regarding any Collateral that is not reconveyed If Lender does not require satisfaction of all of the conditions set forth in the Loan Agreement before releasing one or more Release Units,that alone shall not be a waiver of such conditions,and Lender reserves the nght to require their satisfaction in full before releasing any further Release Units from this Deed of Trust 5.13 Full Reconveyance. When all of the Secured Obligations have been paid in full and there exists no default under any Related Loan,Lender shall request Trustee in writing to reconvey the Collateral,and shall surrender this Deed of Trust and all notes and instruments evidencing the Secured Obligations to Trustee When Trustee receives Lender's written request for reconveyance and all reconveyance fees,recording fees,or other fees and expenses owing to it by Borrower hereunder,Trustee shall reconvey the Collateral,or so much of it as is then held under this Deed of Trust,without warranty to the person or persons legally entitled to it In the reconveyance,the grantee may be described as"the person or persons legally entitled thereto,"and the recitals of any matters or facts shall be conclusive proof of their truthfulness Neither Lender nor Trustee shall have any duty to determine the right of persons claiming to be rightful grantees of any reconveyance 5.14 Late Charge. If Borrower commits an Event of Default in the payment of an amount due and payable under this Deed of Trust,a late charge as specified in and measured by the Note may be charged by Lender for the purpose of defraying the extra administrative expenses incident to handling such delinquent payment and the loss of the use of funds resulting from Borrower's non-payment when due Such late charge shall be paid without prejudice to the rights of the holder of the Note to collect any other amounts provided to be paid thereunder 5.15 Subrogation. Lender shall be subrogated to the liens of all encumbrances, whether released of record or not,that are discharged in whole or in part by Lender in accordance with this Deed on of Trust or with the proceeds of the Loan 5.16 Notice of Change. Borrower shall give Lender prior written notice of any change in • (i)the location of its place of business or its chief executive office if it has more than one place of business,(ii)the location of any of the Collateral,including the Books and Records,and(iii)Borrower's ✓ name or business structure Unless approved by Lender in writing,all Collateral that consists of personal property(other than the Books and Records)will be located at the Project and all Books and Records will be located at Borrower's place of business,or chief executive office if Borrower has more than one • o place of business cv ARTICLE 6 DEFAULTS AND REMEDIES 6.1 Events of Default.The occurrence of any one or more of the following shall constitute an "Event of Default" 6.1.1 Payment Default. Failure to make any payment or to perform an obligation to pay money that arises under the Note or any of the other Loan Documents within 15 days after the date on which such payment is due,except for obligations due on the expiration of the term of the Loan,for which there shall be no 15 day grace period, 6.1.2 Construction Defaults. Any of the following relating to construction of the Project (i)The filing of any mechanic's lien or any stop notice with respect to the Project that is not Deed of Trust page 16 11141368 10011-6 312w01 i doc 7/10/2001 bonded against or released upon Borrower's discovery thereof and within 30 business days after filing, (ii)Any material failure in the construction and completion of the Improvements to comply with (a)the Plans,(b)the Requirements,or(c)the terms of this Agreement,if such failure is not cured within 30 days after notice thereof by Lender,or, if such cure cannot be accomplished within such 30-day period through the exercise of diligence,the failure by Borrower to promptly commence the required cure and thereafter to continue the cure with due diligence until such default is totally cured,which must in any event occur within 90 days after such default,or(iii)Borrower's failure to proceed with work on the Improvements in a diligent and workmanlike manner if such failure is not cured within 15 days after written notice thereof by Lender 6.1.3 Unauthorized Transfer. A transfer,purported transfer,or change of ownership or control of Borrower in violation of Article 7 6.1.4 Insolvency. Borrower,any Guarantor,or any trustee of Borrower or a Guarantor (i)files a petition in bankruptcy or for an arrangement,reorganization,or any other form of debtor relief,or such a petition is filed against Borrower or Guarantors or any trustee of Borrower or Guarantor and is not dismissed within 45 days after the date of filing;(ii)commences any proceeding for dissolution or liquidation or any such proceeding is commenced against Borrower or a Guarantor and is not dismissed within 45 days after the date of commencement,or(iii)makes an assignment of all or substantially all of its assets for the benefit of its creditors 6.1.5 Appointment of Receiver A decree or order is entered for the appointment of a trustee,receiver,or liquidator for Borrower or a Guarantor or any of the Collateral,and such decree or order is not vacated within 45 days after the date of entry Ida 6.1.6 Money Judgment. A final judgment,order or decree for the payment of money shall be rendered against Borrower or any Guarantor,and Borrower or such Guarantor shall not satisfy o and pay the same or cause it to be discharged within 30 days from the entry thereof, or shall not appeal therefrom and secure a stay of execution pending such appeal,or there is an attachment,execution,or cv other judicial seizure of any portion of Borrower's assets and such seizure is not discharged or bonded o against to Lender's reasonable satisfaction within 30 days 6.1.7 Misrepresentation. Any written representation or disclosure made to Lender by o Borrower proves to be materially false or misleading when made,whether or not that written representation or disclosure is contained herein 6.1.8 Security Impaired. There is an uninsured casualty with respect to any material portion of the Collateral and Borrower fails to immediately repair such damage,Borrower fails to satisfy the conditions set forth in the Deed of Trust for the release of insurance proceeds or any condemnation award,or,whether or not Lender has received and applied insurance proceeds or any condemnation award to the Secured Obligations in accordance with the Deed of Trust,Lender reasonably determines that its security is impaired by such casualty or condemnation and Borrower fails to immediately deposit in Borrower's Account an amount determined by Lender as necessary to restore such security 6.1.9 Defaults Under Agreements with Third Parties. Borrower defaults in the performance of any material covenant under any permitted financing related to the Project,or under any sales agreement,lease,or other instrument assigned to Lender as security for the Loan 6.1.10 Other Defaults Under Loan Documents. Borrower fails to perform any other covenant,agreement,or obligation under any of the Loan Documents, including the failure to provide Deed of Trust page 17 #141368 10011-6 312w011 doe 7/10/2001 any reports required to be provided to Lender, if such default is not cured within 30 days after written notice thereof by Lender(or such other period as may otherwise be specified herein or in the Loan Document under which such default arises) 6.1.11 Default Under Related Loan Documents. An Event of Default as defined under the Related Loan Documents occurs. 6.2 Rights and Remedies. At any time after the occurrence of an Event of Default hereunder,Lender and/or Trustee shall have all of the rights and remedies described below,in addition to any other rights and remedies of Lender under the Loan Agreement,the other Loan Documents,or the Related Loan Documents To the fullest extent permitted by law,all of such rights and remedies shall be cumulative and the exercise of any one or more of them shall not constitute an election of remedies 6.2.1 Receiver. Without regard to the then-current value of the Collateral or the interest of Borrower therein,Lender may apply to any court having jurisdiction to appoint a receiver for the Collateral or any portion thereof,and Borrower hereby irrevocably consents to the appointment of a receiver upon such Event of Default Any such receiver shall have the usual powers.and duties of receivers in like or similar cases and all the powers and duties of Lender set forth in this Deed of Trust or any of the other Loan Documents Employment by Lender shall not disqualify a person from serving as cc c., receiver 6.2.2 Cure;Protection of Security. With or without notice,and without releasing o Borrower from any obligation hereunder,Lender may(but shall not be obligated to)cure any breach or default of Borrower, and, if it chooses to do so in connection with any such cure,do any and all other • things that it may in its sole discretion consider necessary and appropriate to protect the security of this • Deed of Trust 6.2.3 Entry. Lender, in person,by agent,or by court-appointed receiver,with or o - without bringing any action or proceeding,may terminate Borrower's right and license to collect the c---+ Rents,Issues and Profits and to administer the Leases,and enter,take possession of,complete • construction on,manage and operate,and lease or sell,all or any part of the Collateral,and may also do any and all other things in connection with those actions that Lender may in its sole discretion consider necessary or appropriate to protect the security of this Deed of Trust or that are otherwise permitted to be taken or conducted by Lender under the Loan Agreement. If Lender so requests,Borrower shall assemble any Collateral that has been removed from the Project and make all of it available to Lender at the Project site The entering upon and taking possession of the Project,the collection of the Rents, Issues and Profits and the application thereof as aforesaid,or any of such acts,shall not cure or waive any default or notice of default hereunder or invalidate any other right or remedy that Lender may have in response to such default or pursuant to such notice and,notwithstanding the continued possession of the Project or the collection,receipt,and application of the Rents,Issues and Profits by Lender,Trustee, or Lender's receiver or agent,Trustee or Lender shall be entitled to exercise every right provided for in any of the Loan Documents or by law upon the occurrence of any Event of Default 6.2.4 Uniform Commercial Code Remedies. With respect to all or any part of the Collateral that constitutes personal property,Lender shall have all of, and may exercise any or all of,the rights and remedies of a secured party under the Uniform Commercial Code in effect in the Project State 6.2.5 Judicial Action. Lender may commence and maintain an action or actions in any court of competent jurisdiction to foreclose this instrument as a mortgage or to obtain specific Deed of Trust page 18 #141368 10011-6 312w01'doc 7/10/2001 enforcement of the covenants of Borrower hereunder,and Borrower agrees that such covenants shall be specifically enforceable by injunction or any other appropriate equitable remedy and that Borrower waives the defense of laches and any applicable statute of limitations If this Deed of Trust is foreclosed by judicial action,and the Collateral sold at a foreclosure sale,the purchaser may,durmg any redemption period allowed,make such repairs or alterations on the Land as may be reasonably necessary for the proper operation,care,preservation,protection and insuring thereof Any sums so paid together with interest thereon from the time of such expenditure at the lesser of the default rate under the Note,or the maximum rate permitted by law,shall be added to and become a part of the amount required to be paid for redemption from such sale In addition,Lender will be entitled to a judgment providing that, if the foreclosure sale proceeds are insufficient to satisfy the judgment,execution may issue for the deficiency 6.2.6 Realization on Security. Lender may resort to and realize upon or waive the security hereunder and any other security now or hereafter held by Lender in such order and manner as Trustee and Lender or either of them may,in their sole discretion,determine,which resort to such security may be taken concurrently or successively and in one or several consolidated or independent judicial actions or lawfully taken non judicial proceedings,or both 6.2.7 Power of Sale. Lender may execute a written notice of such Event of Default and of its election to invoke this power of sale to cause all or part of the Collateral to be sold to satisfy the Secured Obligations Under this power of sale,Lender shall have the discretionary right to cause some or all of the Collateral,including any Collateral property that constitutes personal property,to be r.► cn sold or otherwise disposed of in any combination and in any manner permitted by applicable law c=b, 6.2.7.1 Sales of Personal Property. For purposes of this power of sale,Lender may elect to treat as personal property any Collateral property that is intangible or that can be severed from the Land or Improvements without causing structural damage If it chooses to do c-- so,Lender may dispose of any personal property separately from the sale of real property, in any manner permitted by the Uniform Commercial Code in effect m the Project State,including any public or private sale,or in any manner permitted by any other applicable law Any proceeds of • any such disposition shall not cure any Event of Default or reinstate any Secured Obligation 6.2.7.2 Trustee's Sales of Real Property or Mixed Collateral. Lender may also choose to dispose of some or all of the Collateral that consists solely of real property in any manner then permitted by applicable law. In its discretion,Lender may also or alternatively choose to dispose of some or all of the Collateral in any combination consisting of both real and personal property,together in one sale to be held in accordance with the law and procedures applicable to real property, if and as permitted in the Project State Borrower agrees that such a sale of personal property constitutes a commercially reasonable sale of the personal property For purposes of this power of sale,either a sale of real property alone,or a sale of both real and personal property together,will sometimes be referred to as a "Trustee's Sale" 6.2.7.3 Trustee's Sale Procedures. Before any Trustee's Sale,Lender or Trustee shall give and record such notice of default and election to sell as may then be required by law When all legally mandated time periods have elapsed,Trustee shall sell the property being sold at a public auction to be held at the time and place specified in the notice of sale,and Lender may impose such terms and conditions of sale as are permitted or allowed by applicable law From time to time in accordance with then applicable law,Trustee may,and in any event at Lender's request shall,continue any Trustee's Sale by public announcement at the time and Deed of Trust page 19 #141368 10011-6 312w01+doe 7/10/2001 place scheduled for that sale, or may, in its discretion,give a new notice of sale Also,Lender may from time to time discontinue or rescind any notice of default or notice of sale before any Trustee's Sale as provided above,by executing and delivering to Trustee a written notice of such discontinuance or rescission The exercise by Lender of such right of rescission shall not constitute a waiver of any breach or default then existing or subsequently occurring,or impair the right of Lender to execute and deliver to Trustee,as above provided,other declarations or notices of default to satisfy the Secured Obligations,nor otherwise affect any provision, covenant,or condition of any Loan Document or Related Loan Documents,or any of the rights, obligations,or remedies of Trustee or Lender hereunder or thereunder 6.2.7.4 Bidding at Trustee's Sale. At any Trustee's Sale,Trustee shall sell to the highest bidder at public auction for cash in lawful money of the United States,unless other terms and conditions of sale are prescribed by Lender in accordance with and as permitted by applicable Iaw Any person, Including,without limitation,Borrower or Lender,may purchase at such sale,and Borrower hereby covenants to warrant and defend the title of such purchaser or purchasers Trustee shall execute and deliver to the purchaser(s)at such sale a deed or deeds conveying the property being sold without any covenant or warranty whatsoever,express or implied. The recitals in any such deed of any matters or facts, including any facts bearing upon the regularity or validity of any Trustee's Sale,shall be conclusive proof of their truthfulness 6.2.8 Single or Multiple Foreclosure Sales. If the Collateral consists of more than to one lot,parcel or item of property,Lender may: (i)designate the order in which the lots,parcels and/or " items shall be sold or disposed of or offered for sale or disposition,and(n)elect to dispose of the lots, --- parcels and/or items through a single consolidated sale or disposition to be held or made under the power of sale granted herein,or in connection with judicial proceedings,or by virtue of a judgment and decree of foreclosure and sale; or through two or more such sales or dispositions,each of which may be c., separately noticed if so elected by Lender and permitted by applicable law,or in any other manner • Lender may deem to be in its best Interests(any such sale or disposition,a "Foreclosure Sale") If it chooses to have more than one Foreclosure Sale,Lender at its option may cause the Foreclosure Sales to Q be held simultaneously or successively,on the same day,or on such different days and at such different times and places and in such order as it may deem to be in its best interests,all as may be permitted under applicable law No Foreclosure Sale shall terminate or affect the lien of this Deed of Trust on any part of the Collateral that has not been sold until all of the Secured Obligations have been paid in full 6.2.9 Releases,Extensions,Modification and Additional Security. Without affecting the liability of any person for payment of any of the Secured Obligations,Lender may make any agreement or take any action extending the maturity or otherwise altering the terms or increasing the amount of any of the Secured Obligations,and accept additional security or release all or a portion of the Collateral and/or other security for the Secured Obligations 6.2.10 Acceleration Not Required. Lender may take any of the actions permitted under Sections 6 2.1 and/or 6 2 3 regardless of the adequacy of the security for the Secured Obligations, or whether any or all of the Secured Obligations have been declared to be immediately due and payable, or whether notice of default and election to sell has been given under this Deed of Trust 6.3 Payment of Costs,Expenses,and Attorneys'Fees. All costs and expenses reasonably incurred by Trustee and Lender in enforcing the remedies available to them hereunder or otherwise protecting Lender's rights or interests(mcludmg,without limitation,court costs and attorneys'fees, Deed of Trust page 20 #141368 10011-6 3111v01'doc 7/10/2001 whether incurred in litigation or not,expenses for evidence of title,appraisals and surveys and trustees' fees, and costs and fees relating to any bankruptcy,reorganization,or insolvency proceeding)shall constitute an additional obligation of Borrower to Lender and bear interest at the Default Rate of Interest from the date of expenditure until said sums have been paid 6.4 Remedies Not Exclusive. Trustee and/or Lender shall be entitled to enforce the payment and performance of any Secured Obligations and to exercise any and all rights and powers under this Deed of Trust,any other Loan Document,or any Related Loan Document,notwithstanding the fact that some or all of the Secured Obligations may now or hereafter be otherwise secured Trustee and/or Lender shall be entitled to enforce all such rights concurrently or separately,in such order and manner as they or either of them may in their absolute discretion determine No remedy is intended to be exclusive of any other remedy,but each shall be cumulative and in addition to the others,to the fullest extent permitted by law ARTICLE 7 ASSIGNMENT 7.1 No Assignment or Encumbrance by Borrower Without Lender's Consent. Borrower acknowledges and agrees that the Secured Obligations are personal to Borrower and that the identity of Borrower and its partners and employees,and of any guarantors,and the relationship between Borrower and Lender,Borrower's creditworthiness,business expertise,financial condition,and continued control of the Collateral were material inducements upon which Lender relied in arranging the "' Secured Obligations Accordingly, Borrower shall not,without Lender's prior written consent or as otherwise expressly permitted in this Agreement (i)sell,convey,assign,encumber,or otherwise transfer any of its right,title,or interest in and to the Collateral or any other Project asset,whether such transfer or encumbrance is voluntary or by operation of law,other than as specifically permitted under the Loan Documents,(ii)sell,assign,or transfer its interest as borrower under the Secured Obligations, or(lit)transfer any stock or other ownership interest that would cause a material change in the control of ct--� Borrower(excluding,however,transfers of the interests of limited partners or non-managing members of Borrower if such transfers do not materially diminish the powers of the general partner or manager of Borrower or otherwise cause a material change in the nghts to manage and control Borrower) Any attempted assignment without such prior written consent shall be null and void,and of no effect, and shall also constitute,at Lender's option,an Event of Default by Borrower under this Agreement 7.2 Conditions to Approval of Assignment As a condition of approving any assignment, Lender may impose such requirements and conditions as it determines are appropriate in its sole discretion,including but not limited to the requirement that Borrower and the assuming party pay, in advance,any and all reasonable costs and expenses, including reasonable attorney's and accountant's fees,incurred by the Lender in connection therewith. No approval of any assignment shall cause a release of Borrower from any liability under the Loan Documents without Lender's prior written consent, which consent may be freely withheld 7.3 Loan Due upon Prohibited Transfer or Encumbrance.Upon any transfer, assignment,or encumbrance,as described in Section 7 1 for which Lender's written approval is required but has not been obtained,the entire outstanding balance owing under the Note,including principal, accrued interest,and any other amounts owing under the Loan Documents shall become due and payable Deed of Trust page 21 #141368 10011-6 312401'doc 7/10/2001 • at Lender's option,without any requirement for notice or demand,and Lender may pursue any remedies granted to it under this Deed of Trust or any of the other Loan Documents 7.4 Assignment and Participation by Lender. Lender shall have the right,at any time and from time to time and upon notice to Borrower,to assign or sell the Secured Obligations,and/or any one or more participations in the Secured Obligations,accompanied by an assignment and/or delegation of any or all related rights or obligations of Lender under the Loan Documents,without the need for any form of consent from Borrower ARTICLE 8 RIGHTS UNDER CONDOMINIUM LAWS This Deed of Trust shall include the following rights in connection with any condominium project to be developed on the Land 8.1 Security Interest in Rights Under Condominium Laws. This Deed of Trust and Lender's security interest hereunder shall extend to all of Borrower's right,title and interest in and to any and all units,common elements,development rights,declarant rights and any other rights of Borrower in the Project now existing or subsequently arising under all laws now existing or later enacted relating to condominiums(together the "Condominium Laws") 8.2. Representations and Warranties. Borrower hereby represents,warrants and agrees 8.2.1 Not to file,record or amend any condominium declaration in connection with the Project without the prior written consent of Lender,which consent Lender shall not unreasonably on withhold, 8.2.2 To take those steps necessary to ensure that the condominium declaration filed in connection with the Project complies with Chapter 6,Legal Requirements of the Fannie Mae Selling Guide as established by the Federal National Mortgage Association and any similar requirements r-- imposed by the Federal Home Loan Mortgage Corporation, 8.2.3 To make all payments required and to observe and perform all terms and , conditions to be performed by Borrower under all documents by which the condominium is constituted and/or governed and all other documents required to be executed by declarant pursuant to the Condominium Laws, 8.2.4 To comply with all of its obligations as a unit owner under the Condominium Laws,and 8.2.5 To pay all charges,including all common expenses liabilities and assessments (special or general), insurance,taxes and other items Borrower is or may later be responsible for paying under the condominium documents as the same may be recorded and/or amended,and under the Condominium Laws 8.3. Proxy. Until such time as this Deed of Trust is reconveyed of record as herein provided, Borrower pledges to Lender its vote and constitutes Lender as Borrower's proxy(which appointment is coupled with an interest)with sole right to vote upon. Deed of Trust page 22 #I41368 10011-6 312w01 i doc 7/10/2001 8.3.1 any partition of all or any portion of the Land subject to the condominium declaration, 8.3.2 the nature and amount of any insurance with respect to any such property and disposition of any proceeds thereof, 8.33 the manner in which any condemnation or threat thereof shall be defended or settled, 8.3.4 determination as to whether or not to restore or rebuild any portion of the improvements located on the Land, 8.3.5 assessment of any expenses other than routine periodic assessments, 83.6 removal of all or any portion of the Land or Improvements from the provisions of the Condominium Laws,and 8.3.7 any modifications,amendments,extensions,renewals,cancellations,transfers or encumbrances of any unit that is part of the Project by deed,lease or other instrument 8.4. Authorized Representative. Lender is hereby appointed Borrower's authonzed representative(which appointment is coupled with an interest)for the inspection of books and records as provided in the condominium declaration and/or bylaws,said appointment to be irrevocable until such time as this Deed of Trust is reconveyed of record as herein provided 8.5. Notices,Etc. Borrower will provide, upon request of Lender, true and correct copies of 8.5.1 any notices to the owners of the condominium units, including, but not limited to,any notices of any meetings of the owners of the condominium units; cz 8.5.2 minutes of any meetings, 8.5.3 any statement of financial condition of the condominium owners' association c-4 including any budgets or proposed budgets as available to any owner, 8.5.4 any statement showing allocation of proportional occupancy,expenses and assessments issued to Borrower, o . 8.5.5 any notice of default issued to Borrower,and 8.5.6 any amendment or proposed amendment to the condominium declaration, bylaws,or other condominium documents. 8.6 Payment of Common Expenses. Unless prohibited by law,Lender or Trustee,either prior to,contemporaneously with,or subsequent to the foreclosure of this Deed of Trust,or while pending the expiration of any applicable redemption period subsequent to a judicial foreclosure and sale upon execution of the Project,may pay common expenses for which Lender may be liable,and subsequent to such payments Lender shall have a lien without merger on the Project for the amount paid of the same priority as the lien of this Deed of Trust,or if subsequent to sale or execution,said lien shall be prior to any lien held by any redemptioner as defined by law In the event the Lender is the successful bidder at any sale upon execution subsequent to a judicial foreclosure and obtains possessory rights to the Collateral subject to redemption by the judgment debtor or redemption as defined by law,any payments made by the Lender or its successor in interest to satisfy condominium assessments levied and payable during the redemption period shall, in the event of any redemption,be recoverable by the Lender Deed of Trust page 23 11141368 10011-6 3121+01 t doc 7/10/2001 from the judgment debtor or its successors in interest,or any redemptioner in the same manner as any other assessment or tax would be recoverable 8.7 Condominium Insurance. The insurance provisions of this Deed of Trust shall be deemed satisfied so long as,upon establishment of the owners' association for the Project,the owners' association shall maintain(a)an"all risk,"special form property policy on the condominium project that provides 100%replacement cost insurance coverage,and includes business interruption coverage(and flood insurance if applicable)from a company or companies with a Best Guide rating of A V or better, providing a Lender's Loss Payable Endorsement form 438BFU in favor of the Lender,and(b)a Comprehensive General Liability policy with limits of not less than$1,000,000 combined single Iimit per occurrence and$2,000,000 aggregate 8.8 Required consent of Lender. Borrower shall not,except after notice of Lender's prior written consent 8.8.1 partition or subdivide the Land or the Project, 8.8.2 consent to the abandonment or termination of the condominium project,except for abandonment or termination provided by law in the case of substantial destruction by fire or other casualty or in the case of taking by condemnation or eminent domain,or c*s �-- 8.8.3 consent to any material amendment to the declaration,bylaws or rules and regulations of the condominium owners' association,or equivalent constituent documents of the condominium project,including,but not limited to,any amendment that would change the fraction or C-s, percentage of allocated interests of the unit owners in the condominium project,provided that Lender hereby consents to all amendments to the declaration for the purpose of adding additional phases to the condominium project • `" ARTICLE 9 MISCELLANEOUS PROVISIONS. 9.1 Additional Provisions. The Loan Documents fully state all of the terms and conditions • of the parties'agreement regarding the matters mentioned in or incidental to this Deed of Trust The Loan Documents also grant further rights to Lender and contain further agreements and affirmative and negative covenants by Borrower that apply to this Deed of Trust and to the Collateral 9.2 Limitation on Interest and Charges. The interest,fees and charges under the Loan Documents shall not exceed the maximum amounts permitted by any applicable law If any such interest, fee or charge exceeds the maximum,the interest,fee or charge shall be reduced by the excess and any excess amounts already collected from Borrower shall be refunded Lender may refund such excess either by treating the excess as a prepayment of principal under the Note or by making a direct payment to Borrower The provisions of this paragraph shall control over any inconsistent provision in the Loan Documents 9.3 Permitted Contests. Borrower may contest or object in good faith to the amount or validity of any tax,assessment,claim,demand,levy,lien,encumbrance,charge or notice of noncompliance asserted by a third party(collectively, a "Claim"),but only in accordance with the following conditions (i)Borrower shall first give wntten notice to Lender and deposit with Lender a Deed of Trust page 29 #141368 10011-6 312w01 l doc 7/10/2001 bond or other security satisfactory to Lender in such amount as Lender shall reasonably require,up to 150%of the amount of the Claim or other sum in controversy,and shall have demonstrated to Lender's reasonable satisfaction that no portion of the Collateral will be sold to satisfy the Claim prior to final resolution,(ii)Borrower shall promptly and diligently proceed to cause the Claim to be settled and discharged in a manner not prejudicial to Lender or its rights hereunder,(iii)if Borrower shall fail to proceed diligently to discharge the Claim,then,in addition to any other right or remedy of Lender, Lender may,but shall not be obligated to,discharge the same, by paying the amount claimed to be due, or by depositing in court a bond or the amount claimed or otherwise giving security for such Claim, or in such manner as is or may be prescribed by law,at Borrower's expense,(iv)Lender may employ an attorney or attorneys to protect its rights hereunder,and in such event,Borrower shall pay Lender the attorneys' fees and expenses incurred by Lender,whether or not an action is actually commenced against Borrower by reason of any default hereunder,and(v)Borrower shall have provided such good and sufficient undertaking as may be required or permitted by law to accomplish a stay of any legal proceedings then pending in connection with the Claim. 9.4 Cooperation. Borrower shall,upon request,cooperate with Lender or Trustee to correct any defect,error or omission that may be discovered in the contents of this Deed of Trust or in the execution or acknowledgment hereof,and will execute,acknowledge,and deliver such further instruments and take such further actions as may be reasonably requested by Lender or Trustee to carry to out more effectively the purposes of this Deed of Trust 9.5 Obligations of Borrower,Joint and Several. If more than one person has executed this en. Deed of Trust as Borrower,the obligations of all such persons hereunder shall be joint and several 9.6 Severability.If any term of this Deed of Trust,or the application thereof to any person or circumstances, shall,to any extent,be invalid,void or unenforceable,the remainder of this Deed of Trust,or the application of such term to persons or circumstances other than those as to which it is invalid,void or unenforceable,shall not be affected thereby,and each term of this Deed of Trust shall be valid and enforceable to the fullest extent permitted by law. If the lien of this Deed of Trust is invalid, m. void or unenforceable as to any part of the Secured Obligations,or if the lien is invalid,void or unenforceable as to any part of the Collateral,the unsecured or partially secured portion of such indebtedness shall be completely paid prior to the payment of the remaining and secured or partially secured portion of such Secured Obligations,and all payments made on such Secured Obligations shall be considered to have been first paid on and applied to the full payment of that portion of such indebtedness that is not secured or fully secured by the lien of this Deed of Trust 9.7 No Waiver or Cure. No waiver or delay or omission in the exercise or enforcement by Lender of any of its rights or remedies hereunder or under any of the other Loan Documents shall be considered a waiver of any subsequent application of,or right to enforce,such right or remedy,or of the right to enforce any other right or remedy of Lender in another instance Furthermore,no waiver of Lender's rights or remedies in one or more instances shall establish a course of dealing or other agreement that will bind Lender or prohibit Lender from enforcing the terms of this Deed of Trust or any other Loan Document in another instance 9.8 Additional Security. If Lender at any time holds additional security for any of the Secured Obligations,all such security shall be taken,considered,and held as cumulative,and Lender may enforce the sale thereof or otherwise realize upon the same,at its option,either before or concurrently with the exercise of any of its rights or remedies hereunder or after a sale is made Deed of Trust page 25 H141368 10011-6 312w01'doc 7/10/2001 hereunder The taking of additional security,the execution of partial releases of the security, or any extension of the time of payment of the Secured Obligations shall not diminish the force, effect,or lien of this Deed of Trust and shall not affect or impair the liability of any maker,surety,or endorser for the payment of any such indebtedness 9.9 Imposition of Tax. For purposes of this Section, "Tax"shall mean (a)a specific tax on deeds of trust or on all or any part of the indebtedness secured by a deed of trust,or(b)a specific tax on the owner of the Collateral covered by a deed of trust which the taxpayer is authorized or required to deduct from payments on the deed of trust;or(c)a tax on property covered by a deed of trust chargeable against a beneficiary or trustee under the deed of trust or the holder of the note secured by the deed of trust,or(d)a specific tax(other than an income tax or a gross receipts tax)on all or any portion of the obligations secured hereby or on payments of principal and interest made by a grantor under a deed of trust If any Tax is enacted subsequent to the date of this Deed of Trust,enactment of the Tax shall constitute an Event of Default,and Lender may exercise any or all of the remedies available to it upon the occurrence of any Event of Default,unless the following conditions are met (i)Borrower may lawfully pay the Tax without causing any resulting economic disadvantage or increase of tax to Lender or Trustee, and(ii)Borrower pays the Tax(including any tax on the payment made)within 30 days after notice from Lender that the tax law has been enacted 9.10 No Offset. Borrower's obligation to timely pay and perform all obligations under the Note,this Deed of Trust,and the other Loan Documents shall be absolute and unconditional and shall not cv be affected by any event or circumstance,including without limitation any setoff,counterclaim, abatement, suspension,recoupment,deduction,defense or any other right that Borrower or any guarantor may have or claim against Lender or any other person or entity The foregoing shall not constitute a waiver of any claim or demand which Borrower or any guarantor may have in damages or otherwise c� against Lender or any other person or entity,provided that Borrower shall maintain a separate action thereon 9.11 Accommodations to Successors. The liability of the original Borrower shall not be . cz released or changed if Lender grants any successor in interest to Borrower any extension of time for payment,or modification of the terms of payment,of any Secured Obligation Lender shall not be required to comply with any demand by the original Borrower that Lender refuse to grant such an extension br modification to,or commence proceedings against,any such successor in interest 9.12 Amendments. This Deed of Trust cannot be waived,changed,discharged or terminated orally,but only by an instrument in writing signed by the party against whom enforcement of any waiver, change,discharge or termination is sought 9.13 Successors in Interest. Subject to the limitations on transfer contained in the Loan Documents,the terms,covenants,and conditions herein contained shall be binding upon and inure to the benefit of the heirs,legatees,devisees, administrators,executors,successors and assigns of the parties hereto. 9.14 Modification and Extensions. References to the Note,the Loan Agreement,the Loan Documents and the Related Loan Documents in this document shall be deemed to include all modifications,extensions,and renewals thereof Deed of Trust page 26 0141368 10011-6 312 wOl+doc 7/10/2001 9.15 Applicable Law. The provisions of this Deed of Trust shall be governed by and construed in accordance with the laws of the Project State,without regard to the choice of law rules of the Project State and except to the extent that federal laws preempt the laws of the Project State 9.16 Merger. No merger shall occur as a result of Lender's acquiring any other estate in or any other lien on the Collateral unless Lender consents to a merger in writing 9.17 Waiver of Marshaling. Borrower waives all rights,legal and equitable, it may now or hereafter have to require marshaling of assets or to require upon foreclosure sales of assets in a particular order Each successor and assign of Borrower,including any holder of a lien subordinate to this Deed of Trust, by acceptance of its interest or lien agrees that it shall be bound by the above waiver, as if it had given the waiver itself 9.18. Disclosures/Disclaimers. Lender makes the following disclosures and disclaimers in connection with this Deed of Trust: 9.18.1 Actions Solely for Benefit of Beneficiary. Any and all subsequent purchasers of the Property,and any other parties acquiring an interest in the Property,are hereby put on notice that any inspection or approval of any part of any development,construction, renovation,or improvement of the Property by Beneficiary or any agent of Beneficiary shall be made exclusively for the benefit of Beneficiary,and Beneficiary makes no representations whatsoever to any third party acquiring any interest in the Property. Such third party shall have tcr no rights of reliance upon any action taken by Beneficiary.Beneficiary makes no representations whatsoever to any third party as to the adequacy or legality of any action of Grantor and any action of Beneficiary is solely for the benefit of Beneficiary. 9.18.2 Adjustable Rate Note. The Note contains provisions permitting(a) increases and decreases in the rate of interest provided in the Note,and (b)increases and decreases in the periodic payments required under the Note. • a 9.19 Oral Agreements Notice. ORAL AGREEMENTS OR ORAL COMMITMENTS "' TO LOAN MONEY,EXTEND CREDIT,OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW Deed of Trust page 27 11141368 10011-6 312w01'doc 7/10/2001 DATED as of the day and year first above written BORROWER/GRANTOR MORGAN COURT INVESTORS,L L C, a Washingto United liability company By 1, Name Ronald C Abney Its Managing Member R463 By Richard J le ctary Its Managing Member N a cza Deed of Trust page 28 #141368 10011-6 312w01'doc 7/10/2001 State of Oregon ) S.S County of Washington On this day of , 2001, before me Kamette S Crase, a notary public, personally appeared Ro ald C Abney,Managing Member of Morgan Court Investors, LLC personally known to me to be the person(s)whose name(s) are subscnbed to this instrument, and acknowledged that they executed this same in his/her/their authonzed 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 acted,executed this Instrument 1116E f' 1, OFFICIAL SEAL A y KAMETUE S CRASE NOTARY PUBLIC-OREGON Kamette S Crase, Notary Public for Oregon L COMMISSION NO 315143 1,My Commission Expires on August 6,2002 MY COMMISSION D(PIRES AUG 6,2002 (� cv 0 ry c=3 • o 0 cv • State of Oregon ) ) SS County of Washington On this day of d ,2001, before me Kamette S Crase, a notary public, personally apeare Richard J Cole,Managing Member of Morgan Court Investors, LLC personally known to me to be the person(s)whose name(s)are subscnbed to this instrument, and acknowledged that they executed this same in his/her/their authorized 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 acted, executed this Instrument. Ej 4e { OFFICIAL SEAL n G r _ JJ 'a;:. KAMETTE S CRASE L A AO y% NOTARY PUBLIC-OREGON " Kanfelte S Crase, Notary Public for Oregon L �! COMMISSION NO 315143 My Commission Expires on August 6,2002 1MY u COMMISSION EXPIRES AUG 6,2002 C.0 CV N O O N [NOTARY BLOCK FOR EXECUTION BY AN ENTITY] STATE OF ss COUNTY OF On this day personally appeared before me, to me known to be the of ,the that executed the foregoing instrument,and acknowledged such instrument to be the free and voluntary act and deed of such ,for the uses and purposes therein mentioned,and on oath stated that he/she was duly authorized to execute such instrument GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of ,20 cv Printed Name NOTARY PUBLIC in and for the State of cta residing at My Commission Expires • 'z, [NOTARY BLOCK FOR EXECUTION BY AN INDIVIDUAL] STATE OF czr ss COUNTY OF On this day personally appeared before me , to me known to be the individual(s)described in and who executed the within and foregoing instrument,and acknowledged that [he/she] signed the same as [his/her]free and voluntary act and deed,for the uses and purposes therein mentioned GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of ,20__ Printed Name NOTARY PUBLIC in and for the State of residing at My Commission Expires Deed of Trust page 29 4141368 10011-6 312w01 i doe 7/10/2001 EXHIBIT A LEGAL DESCRIPTION See attached pages. cv c*� c3 s7 Deed of Trust page 30 0141368 10011-6 312w01'doc 7/10/2001 • CHICAGO TITLE INSURANCE COMPANY A.L.TA COMMITMENT SCHEDULE A (Continued) Order No 586862 Your No: LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) PARCEL A HAS BEEN INTENTIONALLY OMITTED PARCEL B. THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE LID SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; c+� EXCEPT THE SOUTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH o STREET BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 5755895 C- PARCEL C c THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 FAST, WILLAMETTE 0 MERIDIAN, IN KING COUNTY, WASHINGTON, cart EXCEPT THE EAST 150.01 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 5837604 PARCEL D TRACTS 1 AND 4, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE(S) 101, IN COUNTY, WASHINGTON, EXCEPT THE WEST 120 FEET OF THE EAST 150 FEET OF THE NORTH 160 FEET OF THE WEST HALF OF SAID TRACT 1, AND EXCEPT THE NORTH 12 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEEDS RECORDED UNDER AUDITOR'S FILE NUMBERS 5761687 AND 5821507 PARCEL E. THE WEST 120 FEET OF THE EAST 150 FEET OF THE NORTH 160 FEET OF THE WEST HALF OF TRACT 1, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE(S) 101, IN KING COUNTY, WASHINGTON, EXCEPT THE NORTH 12 FEET THEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 128TH STREET BY DEED RECORDED UNDER RECORDING NUMBER 5861231 CLTACMA6/RDA/0999 q REQUEST FOR FULL RECONVEYANCE To be used only when all obligations have been paid under the note and this Deed of Trust TO: TRUSTEE The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Deed of Trust. Said note,together with all other indebtedness secured by said Deed of Trust, has been fully paid and satisfied; and you are hereby requested and directed,on payment to you of any sums owing to you under the terms of said Deed of Trust,to cancel said note above mentioned,and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith,together with the said Deed of Trust,and to reconvey,without warranty,to the parties designated by the terms of said Deed of Trust,all the estate now held by you thereunder. cr) Dated: r4 .f- v CD - aD Deed of Trust page 31 4191368 10011-6 312w01'doc 7/10/2001