HomeMy WebLinkAboutLUA00-023 DEVELOPMENT SERVICES DIVISION
BUILDING/PLANNING/PUBLIC WORKS
CITY OF RENTON
STAFF REPORT AND RECOMMENDATIONS
APPLICANT: Gregory Development Company
Gregory Steinhauer
Monterey Heights Final Plat
File: LUA 00-023FP
LOCATION: NE 14th St and Monterey Av NE
Section 5,Twp.23 N.Rng. 5 E.
SUMMARY OF REQUEST: Final Plat for 10 single family residential lots
with a watermain, sanitary sewer, storm
drainage, streets and lighting.
RECOMMENDATION: Approve With Condition
FINDINGS,CONCLUSIONS&RECOMMENDATION
Having reviewed the record documents in this matter, staff now makes and enters the following:
FINDINGS:
1. The applicant, Gregory Development Company, filed a request for approval of a 10 lot Final
Plat.
2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA)
documentation and other pertinent materials was entered into the record as Exhibit No. 1.
3. The Environmental Review Committee (ERC), the City's responsible official, issued a
Determination of Non-Significance-Mitigated on October 19, 1998 for the subject proposal.
4. The subject proposal was reviewed by all departments with an interest in the matter.
5. The subject site is located at NE 14th St and Monterey Av NE. The subject site is located on the
south side of NE 14th St. The new plat is located in Section 5,Twp.23 N.Rng. 5 E.
6. The subject site is a 1.5 acre parcel. The subject site is nearly rectangular. The parcel is
approximately 260 feet long(north to south)and approximately 252 feet wide.
7. The subject site was annexed into the City of Renton with the adoption of Ordinance No. 1827
enacted in May 1960. The Preliminary Plat was approved by the City Council on
January 11, 1999.
8. The site has a R-8 (Single Family) land use zoning, with the adoption of Ordinance 4404
enacted in June 1993.
9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan.
10. The Preliminary Plat was subject to a number of conditions as a result of both environmental
review and plat review. The applicant will comply with the conditions imposed by the ERC:
1) The Park's Mitigation Fee will be paid prior to the recording of the plat.
2) The Traffic Mitigation Fee will be paid prior to the recording of the plat.
3) The Fire Mitigation Fee will be paid prior to the recording of the plat.
11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary
Plat:
1) Applicant will comply with the above noted ERC conditions.
CONCLUSIONS:
The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and
therefore should be approved by the City Council.
RECOMMENDATION:
The City Council should approve the Final Plat with the following condition:
1) All plat fees shall be paid prior to the recording of the plat.
SUBMITTED THIS 10TH DAY OF MARCH,2000
DEVELOPMENT SERVICES DIVISION
MONTHTSFP.DOC/
2
r '
EXHIBIT A
•
Legal Description of Property
PARCEL A:
The North 266.32 feet of the East 142.30 feet of Tract 267, C.D. Hillmans' Lake Washington
Garden of Eden Addition to Seattle, Division No. 4, according to the Plat thereof recorded in
Volume 11 of Plats, page 82, in King County, Washington;
Except the North 20.00 feet lying West of the East 102.30 feet thereof conveyed to the City of
Renton for road purposes under King County RecordingNo. 6660996;
(Also known as Lot 2, City of Renton Lot Line Adjustment No. LUA-97-003, recorded under
King County Recording No. 9702129004, being a portion of Lots 1 and 2 of City of Renton
Short Plat No. SHPL-077-89, recorded under King County Recording No. 9007279001).
PARCEL B:
The North 266.32 feet of Tract 267, C.D. Hillman's Lake Washington Garden of Eden addition
to Seattle, Division No. 4, according to the Plat thereof recorded in Volume 11 of Plats,page 82,
in King County Washington;
Except the East 142.30 feet thereof;
Except the North 20.00 feet lying West of the East 102.30 feet thereof conveyed to the City of
Renton for road purposes under King County Recording No. 6660996;
And
The north 13.69 feet of the west 98.96 feet of Lot 1 of City of Renton Lot Line adjustment No
LUA-97-003 recorded under King County Recording No. 9702129004, in King County,
Washington;
(also known as Lot 3, City of Renton Lot Line Adjustment No. LUA-97-003, recorded under
King County Recording No. 9702129004, being a portion of Lots 1 and 3 of City of Renton
Short Plat No. SHPL-007-89, recorded under King County Recording No. 9007279001).
-
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CITY OF RENTON COUNCIL AGENDA BILL
AI#:
Submitting Data: Planning/Building/Public Works For Agenda of: March 20, 2000
Dept.iDiviBoard.. Development Services Division
Staff Contact Arneta Henninger x7298 Agenda Status
Consent X
Subject: Public Hearing...
MONTEREY HEIGHTS FINAL PLAT Correspondence..
File No. LUA 00-023FP Ordinance
1.5 acres located in the vicinity of NE 14th St and Resolution X
Monterey Av NE Old Business
Exhibits: New Business
1. Resolution and legal description Study Sessions
2. Staff report and recommendation Information
Recommended Action: Approvals:
Legal Dept X
Council concur with staff recommendation and adopt the Finance Dept
resolution. Other
Fiscal Impact: N/A
Expenditure Required... Transfer/Amendment
Amount Budgeted Revenue Generated
Total Project Budget City Share Total Project..
Summary of Action:
The recommendation for approval of the referenced final plat is submitted for Council action. This plat
divides 1.5 acres into 10 single family residential lots. All construction has been approved and accepted.
All conditions placed on the preliminary plat by City Council have been met. All fees shall be paid prior to •
the recording of the plat.
STAFF RECOMMENDATION:
Approve the Monterey Heights Final Plat, LUA 00-023FP, with the following condition and adopt the
resolution.
1. All plat fees shall be paid prior to the recording of the plat.
CITY OF RENTON LAND USE
MONTEREY HEIGHTS LANDACTIP
RaVECO NO D NO. wD-11oo0 35f
A Replat of City of Renton Short Plat SHPL-077-89 According to Lot Line
Adjustments LEA-97-003—LLA and LUA-99-046—LLA in the SW 1/4 of the SE 1/4 of Section 5.
Twp. 23N. Rng. 5E. W.M.. City of Renton. King County. Washington
=MEM CITY OF RENTON APPROVALS
KNOW ALL PEOPLE BY THESE PRESENTS THAT YE THE UNDERSIGNED MINERS OF RIMIEST IN ME .I. , ." I I,. : ., .•I. ,,•,: . I 1,1
LAID HEREBY SUBDIVIDED.HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF EXAMINED AND APPROVED THIS DAY OF 20
TINE SUBDIVISION MADE HEREBY.AND DO HEREBY DEDICATE TO THE USE Cr THE PUBLIC FOREVER
AU.STREETS AND AVENUES NOT SHOVR AS PRIVATE HEREON AND DEDICATE THE USE THEREOF
FOR AU.PUBLIC PURPOSES NOT INCONSISTENT WTH THE USE THEREOF FOR PUBLIC HIGHWAY ADMNISIRATOR
FOR CUTS AND FXLS UPON
E LOTS� HE SHOWN HEREON IN T ORIGINAL REASONABLE GRADIN AND ALSO THE RIGHT TO MAKE AU.NECESSARY G OF THE SAID STREETS AND AVENUES,
atY CIF RETNTDN m1NC1
AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL EASEMENTS AND TRACTS SHOWN ON EXAMINED AND APPROVED THIS DAY OF 20
THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON.INCLUDING BUT NOT UNITED TO
PARKS.OPEN SPACE.UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE
SPECIFICALLY IDENTIFIED ON THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR MAYOR
ENTITY OTHER THAN PUBLIC.
EXAMINED AND APPROVED THIS DAY OF . 20
GEREEICAEll OTT CLERK.ATTEST
KNOW ALL PEOPLE BY THESE PRESENTS THAT WE.THE UNDERSIGNED IGNED OWNERS IN FEE SIMPLE OF lilY OFF RPNTON MAW NNFY'TTIR'C/YOTWN`As
THE LAND HEREBY CERTIFY THAT NE HAVE ESTABLISHED A HOSEOWNFR'S ASSOCIATION IN I HEREBY CERTIFY THAT THERE ARE NO DEUNOUENT SPECIAL ASSESSMENTS
ACCORDANCE NTH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A AND ALL SPECIAL ASSESSMENTS ON ANY OF THE PROPERTY. HEREIN CONTAINED.
MEMBER OF SAID HOMEOWNER'S ASSOCIATION RECORDED UNDER K940 COUNTY DEDICATED AS STREETS.ALLEYS OR FOR OTHER PUBLIC USE.ARE PAD IN FULL.
RECORDING NO.
EXAMINED AND APPROVED THIS DAY OF 20
IRYGORT MVO-OPINE/IT=RANY HOMEOWNER S ASSOCIATION
FINANCE UIRLLTOR
COLONIAL BANK
ACKNOWLEDGEMENTS KING COUNTY APPROVALS
STATE OF WASFfNC70N OW COUNTY FINANCE MINIM CFNIFIDATF
SS I HEREBY CERTIFY THAT AU.PROPERTY TAXES ARE PAID. THAT THERE ARE NO DELINQUENT
COUNTY OF KING ) SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL.
ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COUECTION ON ANY OF THE PROPERTY
HEREIN CONTAINED.DEDICATED AS STREETS, ALLEYS OR FOR ANY ODE RR PUBLIC USE.ARE
THIS IS TO CERTIFY THAT ON THIS_DAY OF 20 BEFORE ME. THE PAD IN FULL THIS DAY OF .20 .
UNDERSIGNED.A NOTARY PUBLIC.PERSONALLY APPEARED
MANAGER.FINANCE DIVISION DEPUTY
OF
HOMEOWNER'S ASSOCIATION DEPARflfNi OF►S4 1S
THAT EXECUTED THE FOREGOING DEDICATION, AND NIO ACKNOV EGGED TO ME EXAMINED AND APPROVED THIS DAY Cr • 20
THE SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID
KING COUNTY ASSESSOR
ASSOCIAT1O N.FOR TIE USES AND PURPOSES THEREIN MENTIONED.AND ON OATH STATED
THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE SAID INSTRUMENT.
NTESS MY HAND AND OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE VI BTTEN.
RECORDING CERTIFICATE
NOTARY PUBLIC IN AND FOR THE STATE OF FILED FOR RECORD AT THE REQUEST OF THE CITY OF RENTON THIS DAY OF
20_,AT MINUTES PAST M. AND RECORDED IN
WASINOTON.RESIDING AT - -- _- VOUNIE OF PUTS.PAGE(S) RECORDS OF KING
STATE OF WASHINGTON ) COUNTY.WASHINGTON.
))SS. DIVISOR Cr RECORDS AND ELECTIONS
COUNTY OF KING
THIS IS TO CERTIFY THAT ON THIS_DAY OF 20 BEFORE ME. THE MANAGER SUPERINTENDENT OF RECORDS
UNDERSIGNED.A NOTARY PUBLIC.PERSONALLY APPEARED RECORDING NO
TITLE OF CORPORATION
THAT EXECUTED TIE FOREGOING DEDICATION.AND NH0 ACKNOWLEDGED TO ME
THE SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID
CORPORATION.FOR THE USES AND PURPOSES THEREIN MENTIONED.AND ON OATH STATED SURVEYOR'S CERTIFICATE
THAT HE/SHE WAS AUTHORISED TO EXECUTE TIE SAID INSTRUMENT. I HEREBY CERTIFY THAT THIS PLAT OF MONTEREY HEIGHTS IS BASED UPON AN 0
NiNE55 MY HAND AND OFFICIAL SEAL TIE DAY AND YEAR FIRST ABOVE NRITIEN. ACTUAL SURVEY AND SUBDIVISKXN OF SECTION b TOWNSHIP 2Z TWIN.RANEE 5.,EAST,
W.M.,THAT THE COURSES AND DISTANCES ARE SH01W CORRECTLY THEREON: THAT THE -o
MONUMENTS TALL BE SET AND NE LOT AND BLOCK CORNERS NLL BE STAKED CORRECTLY c>i
NOTARY PUBLIC IN AND FOR ZHE STATE OF ON THE GROUND AS CONSTRUCTION IS COMPLETED AND THAT I HAVE FULLY COMPLIED NTH rn
NE PROVISIONS OF THE PLATING REGULATIONS.
WASHINGTON.REEDING AT
A,y NICK A. YNGER.PROFESSORA_LAND
STATE OF WASHINGTON ) ti4..b Y SURVEYOR CERTIFICATE N0 19600
COUNTY OF KING ) E.
THS IS TO CERTIFY THAT ON S_DAY OF 20 BEFORE ME. THE N'
♦ IIElI o
IADERSGNED.A NOTARY PUBLIC.PERSONALLY APPEARED -_ - ••, D.R. STRONG
l
IDLE THI OF CORPORATION RO i P AEI t.UINETTIIB
THAT EXECUTED THE FOREGOING DEDICATION,AND I MO ACONONEDGED TO ME D ;
THE SAID INSTRUMENT TO EC THE FREE AND NILUNTARY ACT AND D®OF SAID U
CORPORATION.FOR THE USES AND PURPOSES THEREIN MENTIONED.AND ON OATH STATED RESTRICTIONS
THAT HE/SHE WAS AUTHORZED TO EXECUTE TIE SAID INSTRUMENT. NON IR .NA a B Ha
A+a��
NO LOT OR PORTION OF A LOT IN THIS PLAT SHALL .S(yI)Ip_,TI.,T a(423)K7_!423
WTNESS MY HAND AND OFFICIAL SEAL TIE DAY AND YEAR FIRST ABOVE MITTEN. BE DIVIDED AND SOLD OR RESOLD OR OWNERSHP E_ IXISTRONOBITSLINKDSI
CLANGED OR TRANSFERRED WHEREBY THE
OWNERSHIP OF ANY PORTON OF THIS PLAT SHALL
NOTARY PUBLIC IN AND FOR THE STATE OF BE LESS THAN THE AREA REQUIRED FOR THE USE DATE: 03/09/00 JOB No. 98-176
DISTRICT IN NH/CH LOCATED.
-
WASHNGTON.RESIDING AT DRAWN BY: VJB SHEET 1 OF 3
CITY OF RENTON LAND USE
MONTEREY HEIGHTS ACTION
0 NO.AL-OO-00 35FP
LANDA Replat of City of Renton Short Plat SHPL-077-89 According to Lot Line
Adjustments LUA-97-003-LLA and WA-99-046-UA in the SW 1/4 of the SE 1/4 of Section 5.
Twp. 23N. Rng. 5E. W.M.. City of Renton. King County. Washington
LEGAL DESCRIPTION
Mal AL
THE NORTH 268.32 FEET OF THE EAST 142.30 FEET OF TRACT 287,
C.D.HILMAN'S LAKE WAS INGTON GARDEN OF EDEN ADDITION TO
SEARECORDED INSWWME iON NO. I OFPLATS,PAGE B2.N KIG TO THE PLAT NG COUNTY.
OF CONTROL SCHEME
WASHINGTON;
EXCEPT THE NORTH 20.00 FEET LYING NEST OF THE EAST 10230 (NOT TO SCALE)
FEET THEREOF CONVEYED TO THE CITY OF RENTON FOR ROAD
PURPOSES UNDER KING COUNTY RECORDING NO.8660998;
(ALSO KNOVW AS LOT 2,CITY OF RENTON LOT LINE ADJUSTMENT
NO.WA-97-003,RECORDED UNDER KING COUNTY RECORDING NO. --- I
9702129004,BEING A PORTION OF LOTS 1 AND 2 OF CITY OF
RENTON SHORT PLAT NO.SHPL-077-69.RECORDED UNDER KING -'------
COUNTY RECORDING NO.9007279001). SURVEYOR'S NOTE
THE BEARING OF N69'33'18'W(BASS OF BEARING)WAS
PROLONGED VEST AS E CENT OF RIGHT-OF-WAY
f'ABEFl Bt. 11111 TH CENTERLINE OF
N.E. 1211I STREET. THE PROLONGATION AGREED.
MO U WITS SET
KEN OYLER, DIE FOUND CORNERTAD
THE NORTH 266.32 FEET OF TRACT 267,C.D.FIIiLMAN'S LAKE MONUMENTS SET BY KEN OYLER FOR TIE SHORT PLAT AND
WAS INGTON GARDEN OF EDEN ADDITION TO SEATRE.DIVISION NO. LOT LNE ADJUSiMENT FILED DOER RECORDING NUMBER
4,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLLYE 11 OF Illi 9702129004.
PLATS.PAGE 82.N KING COUNTY, WASHINGTON; THE BEARING OF N89'3224'W AS MOM ON THE RECORDED.
EXCEPT TIE EAST 142.30 FEET THEREOF, LOT LINE ADJUSTMENT,F PROLONGED NEST FROM THE
EXCEPT THE NORTH 2O.00 FEET LYING NEST OF THE EAST 102.30 S89'29'27.2 ME MONUMENT(CITY OF RENTON C.P.N.57)AT THE SE CORNER
FEET THEREOF CONVEYED TO THE CITY OF RENTON FOR ROAD 98.96 OF SECTION 5-23-6E WOULD INDUCE AN ERROR OF*0.5'IN A
PURPOSES UNDER IO10 COUNTY RECORDING NO.6660996E .- NORTH/5OUTH DIRECTION. THE RECORD ANGLES 1ERE HELD FOR
AND % ""' THE TABUSHMENT OF THE PLAT BOUNDARY.
THE ROTATIONAL DIFFERENCE BORON RECORD PLAT BEARINGS
THE NORTH 13.69 FEET OF THE NEST 96.98 FEET OF LOT 1 OF an' AND BEARINGS AS SHOWN ON THIS MAP IS 00YI0'64'.
OF RENTON LOT LINE ADJUSTMENT No.WA-97-003,RECORDED
WIDER KING COUNTY RECORDING NO.9702129004.) 20' WIDE PUBLIC
(ALSO KNOW AS LOT 3.OF CITY OF RENTON LOT Lilt ADJUSTMENT / LRl
NO.WA-99-048.RECORDED UNDER
219003.BEING A LOTS G MOO 3 RECORDINGF an' W UTILITY EASEMENT Z Z
RENTON LOT LINE ADJUSTMENT No.WA-97-003,RECORDED :L CID. 4j i,1
GOER KING COUNTY RECORDNG NO.9702129004.) n• %r�N .gE
Znlzn Ell ZZ
-- / rill N6933.10'w(BASIS OF BEARING)il
2R•RR^ +---- m. 1323.22'(1TV OF RENTON)
_ I N.E. 12TH ST. •�_�75u_-_-Q��,,N- 132a21'(MSDr32s30(P) 8�
RESTRICTIONS _se9 33,8'E,�-- -_- FOUND CONCREIEMONUMENT FOUND CONCRETE MONUMI
NTH COPPER TACK IN LEAD, WITH 3'BRASS DISK AND
COVENANTS.CONDITIONS AND RESTRICTIONS IMPOSED BY INSTRUMENT RECORDED 9'E AND 11'E OF X.IY S.OF INTERSECTION
ERSECTION OF N.E. 12111
ON AUGUST 10.1989.UNDER RECORDING NO.6908100162 I ST.AND ABERDEEN AVE N.E MULE 1STED -08-98 OO
VISITED 7-06-96
OTHECOVENANTS.
�VµII DES,IF�SDISSCLOOSSECDnBY RESTRICTIONS.
ITTON SHORTEASEMENTS
NNa OR (CITY CIF RENTON C.P.N.71) (CITY OF RENTON C.P.N.57)
SHPL-077-69.RECORDED UNDER KING COUNTY RECORDING NO.9007279001. N 166463.1572 N 166452.6853
ALL COVENANTS.CONDITIONS.RESTRICTIONS.RESENVA11ONS,EASEMENTS OR
E 1304666.212 E 1306190396
OTHER SERVITUDES.IF ANY,DISCLOSED BY CITY OF RENTON LOT UNE ADJUSTMENT NO.
WA-97-003-LLA,RECORDED UNDER KING COUNTY RECORDING NO.9702129004.
ALL COVENANTS,CONDITIONS.RESTRICTIONS,RESERVATIONS.EASEMENTS OR
OTHER SERVITUDES,IF ANY.DISCLOSED BY a1Y OF RENTON LOT WE ADJUSTMENT NO.
WA-99-046-LLA,RECORDED UNDER KING COUNTY RECORDING NO.9904219003.
EASEMENT PROVISIONS PLAT NOTES
AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY COMPANY, BASS OF BEARING FOR THIS SURVEY IS THE oG
U.S TEST COMMUNCAIIONS,GROUP W CABLE TETEVIISON AND CITY CF RENTON(SEWER.WATER YONUMENTED CENTERLVE OF N.E.12TH STREET 6�A.Y r
AND SIDEWALK). AND THEIR RESPECTIVE SUCCESSORS AND ASSONS,UNDER AND UPON THE FROM EDMON DS AVE.N.E(aTY OF RENTON . ...
EXTERIOR TEN FEET PARALLELNTH AND ADJOINING THE STREET FRONTAGE OF ALL LOTS IN SIGN.POINT NUMBER 57)TO ABERDEEN AVE `�' : D YIHICH TO INSTALL.LAY.CONSTRUCT.RENEW,OPERATE AND MAINTAIN SIDEWALK AND N.E.(CITY OF RENTON S.C.N.POINT NUMBER 71)
UNDERGROUND CONDUITS,MANS.CABLES AND Y9RES NTH NECESSARY FACTURES AND OTHER BEING Ne933'11L'W. m
EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY NTH �� v
ELECTRIC.TELEPHONE.GAS AND UTILITY SERVICES. TOGETHER NTH THE RIGHT TO ENTER EQUIPMENT: •••.••.it
UPON THE LOTS AT All.TIMES FOR THE PURPOSE HEREIN STATED. ALSO EACH LOT SHALL BE 8'TOTAL STATION USED(AU._ PHASES) 4Yv,Rpf
SUBJECT TO AND EASEMENT 2.5 FEET IN NOTE.PARALLEL NTH AND ADJACENT TO AU. ALL EQUIPMENT MANTA IN ADJUSTjMENT TO
INTERIOR LOT LINES FOR THE PURPOSES OF UTILITIES AND DRAINAGE. THESE EASEMENTS MANUFACTURER SPECIFICATIONS. MO0�S6/T RECENT
ENTERED UPON FOR THOSE PURPOSES SHALL BE RESTORED AS NEAR POSSIBLE TO THEN DI NNC(SMEA PORTENT COMPA 4SON/AD JSTB T
ORIGINAL CONDITION.
NO LINES OR YNR ES FOR TIE TRANSMISSION OF ELECTRIC OR FOR TELEPHONE USE,OR FOR PROCEDURES T
CABLE TELEVISION,FIRE OR POUCE SIGNALS.OR OTHER PURPOSES.SHALL BE PLACED OR REQUIREMENTS TRAVERSE S N ACCORDANCE MEETS
NR EXCEEDS
MINIMUM D.R. STRONG
PERMITTED TO BE PLACED UPON ANY LOT OUTSIDE THE BUILDING THEREON UNLESS THE SANE
SHALL BE UNDERGROUND D OR IN CONDUIT TO THE BUILDING.
iun"Iftheitre Ina
PRIVATE DRAINAGE EASEMENT NNTTHLOT 5 REAR NTH WILL SURVEYOR'S�YE THE
PP AAS5C CAP DEINIOO' 'N'"""1=
STAMPED NTH SURVEYOR'S CERTIFICATE NUMBER 19886. UR
WE
E DRAINAGEFACILITIES LOCATED WITHIN THE PRIVATE EASEMENTS%KM ON THE PLAT
SHALL BE MED.OPERATED. AND MAINTAINED BY HE HOMEONNER'S ASSOCIATION CREATED
FOR THIS PLAT. THE HOMEOWIER'S ASSOCIATION STALL BE ESTABLISHED IN ACCORDANCE NTH ROAM NE ANA RACE,MATE 101
WASHINOTON STATE LAW. I790AN4 IM MN
R►(4N6)m 300 For ON)014-2423
THE OTT OF RENTON SHALL HAVE THE RIGHT TO ENTER SAID EASEMENTS TO REPAIR ANY 6-1/1.4 TRITIOININUSLON
DEETCIENOES OF THE DRAINAGE FACUTY IN THE EVENT THE ONER(S)IS/ARE NEGUGENT N DATE: 3/09/00 JOB No. 98-176
THE MAINTENANCE CC THE DRAINAGE FAOUTIES. THESE REPAIRS SHALL BE AT THE ONER'S
COST.
DRAWN BY: VJB SHEET 2 OF 3
CITY OF RENTON LAND USE
NO.MONTEREY HEIGHTS ACTIONLAND D NO. WD�0o0335FP
A Replot of City of Renton Short Plot SHPL-077-89 According to Lot Line
Adjustments LUA-97-003—LLA and LUA-99-048—LLA in the SW 1/4 of the SE 1/4 of Section 5.
Twp. 23N. .Rng. 5E. W.M.. City of Renton. King County. Washington
w
I
a
S0• 1i.T0• FOUND REBAR AND
FOUND REBAR AND °: CAP, LS. 5524 •
CAP,LS. 5524 t W la0.05'SOUTH,
0.07'SOUTH, N •„n1 i. 0.06'EAST
0.13'EAST ' ON
/§ gl0 ® II (Cti
$ N.E. 14Tii ST. . _= N 89T54'32• w(P) I.1\14
N 89'55'26"W N 825'26"W t6',
.AF.N.666099e • /"
N 89'54'32"W(P) c $ 0.4' 102.30' Exist.
.o' U
N r 8955.26• W 149.96' N • N Fence
I b 79.31 R-19.50' I ei 65' (9.00'I 37115TT 10 40 80
10•WOE PRIVATE -V I C� m 76 z ._
UIRJY EASEMENT L-30.78' 1 Ii Ito'WOE PRIVATE UTILITY 0 SCALE ' 40'
roLOT 10 c I I AND DRAINAGE EASEMENT I E
t5,692 SF is 1 tti.29' _
,327 ' o
98.96• I I ' I I N 89'29.27• w x— a LEGEND
•
® N 89'29'27"W Q A
ME PRIVATE L1D'_I II $ LOT 2 f 1322 I $ p STANDARD tlTY OF RQITON MONUMENT TO BE'SET
10'
•
8 U1 UTY EAcnLE I I n 45,564 SF 6g Z
o $ LOT
SF $ I 76 Q 0 FOUND REBAR AND CAP AS NOTED
0 p 2'I' 21' 111.29' y
N I 1321 I y ta1 N N 89'29.27• W 6
98.98' n to N Lll ® FOUND MONUMENT AS NOTED
--a- N 89'29'27"W 1` Zl� n' ril
•�W >89' o N 0i o Me,I, LOT 3 131e p$r a — (P) RECORD PLAT DIMENSIONS
W. 4 p 43 < To.
N!i, '2). 35.564 SF N w m$ o a lj
� INS'�.,�LOT B � Li_ M MEASURED DIYENSIOFS
•' $ �?1�1 t4.947 SF $ p ww : 111.29' '2 1` 76
hg rt;lfi' 11315 I 3 IeJQ' N 89'29'27• W •
N 0
$ 9896' L�iiT ,'n ®TA%LOT NUMBER
' _= N 89'2927"W I t I r $ Z
® $ taxi 4 1319 $ _= W I-1 HOUSE ADORFSS
$ LOT7 1300 1$ M 8- - - Cl
l4911 5F( II 20' 1' 111.29'
• i.," ?I• 21• U N 69'29'27•W 78 Q CRENXMIRPIMMATED HEREIN FALL WTI4N ZONE 2 OF
20'WOE PUBLIC 98.96' I 1 (a RENTON•S AQUIFER PROTECTION AREA AND ARE
Ut61TY EA281011 o N B9'29'27"WI I aOT 811 SF .g SUBJECT TO THE REOUNEMENTS OF THE aTY BF
\8 r LOT 6 g' TEMPORARY 1304 $ Z RREEN�OµRDIINNA ORDINANCE N 4367 aTYSs AMENDED
3194e SF 11345 II a I NRNMOUNO 7- I- N SOURCE OF memo WATER IS S*WPUED FROM A
' I+ I 111.30' /CONCRETE WALL/ ~ SHAU.OW AQUIFER UNDER THE are SURFACE. THERE IS
- — C 98.96' I m N 8955'23• W 153.30' TENNIS COURT 0 i- NO GROUND RSIRiFAC. EXTREME CARE SHOULD BE AL BARRIER BETIEEN THE WATER TABLE AND
N 89'55'26•W (ON LINE) Z 0 EIIERCISED*DI HANDUNO OF UQUID SUBSTANCE
7® = < OTHER THAN WATER TO PROTECT FROM CONTACT WTH
n;. R S�UTYTHE GROUND TOTO PROTECT IT
IS THE
DRINKING
1, l- WATER.
"UTIUTYD EASEPUMENT t fw4'
r--
1F' W 't THE STORM DRAIN RETENTION VAULT AND CONTROL
co N\ Y STRUCTURE LOCATED IN THE RIGHT-OF-WAY ARE TO
(CD
Q BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION.
N ASSOCIATION.. N J 0
H.n 1— Z (n _
I .
< 88N L.) ` - - Q �A. F
X _= N WW J 44 'O
1L D
A 1,
N 8('1 2 H. ♦ Mal
U V)
76
Drew STRONG
P Ina
o+a.Nmn•PSAMM•1a=lIT1RTOM
FOUND REBAR AND
CAP, LS. 5524
0.01'NORTH.
0.12'WEST tilitSi
— — -L 252.26' — — INN NE]NR mar.wiz um
89'3318 W N 89'32 24 w ZPr aRCIAla WA NM
18 $ PA Oa)AV 20O Fil(475)W-JN7m
I g N.E. 12th St. o E-MW± Do,
- -, I - N 89'33'18•W 6932'24•W(P) 262.26'(P) 278.25(P)- -177.69•(MedT — DATE: 3/09/00 JOB No. 98-176
FOUND CONCRETE MONUMENT WTI, 1 1/2• BRASS DISK
T.N
N CASE,0.07'N. VISITED 7-08-98 DRAWN BY: VJB SHEET 3 OF 3
CITY OF RENTON LAND USE
MONTEREYHEIGHTS LLANDIECO D NO. LND-110o0 35FP
A Replat of City of Renton Short Plat SHPL-077-89 According to Lot Line
Adjustments LUA-97-003-1.LA and WA-99-046—LLA in the SW 1/4 of the SE 1/4 of Section 5.
Twp. 23N. Rng. 5E. W.M.. City of Renton. King County. Washington
DEQLCA11ON Girt OF RENTON APPROVALS
KNOW ALL PEOPLE BY THESE PRESENTS THAT WE THE IRDERSONEO WAFTERS OF NTEREST IN THE •IP . :•'.II'. .. ••• •. . ' :,.,. .• .. • •: I '•P
LAND HEREBY SUBDIVIDED,HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF EXAMINED AND APPROVED THIS DAY OF . 20
THE SUBOIMSON MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE OF THE PUBUC FOREVER
ALL STREETS AND AVENUES NOT SHOWN AS PRIVATE HEREON AND DEDICATE THE USE THEREOF
FOR AU.PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY ADMINISTRATOR
PURPOSES.AND ALSO THE RIGHT TO MARE AU.NECESSARY SLOPES FOR CUTS AND FILLS UPON
THE LOTS 540*HEREON IN THE ORIGINAL REASONABLE GRADING CF SAID STREETS AND AVENUES. EGX.CE.RENNIELGIMEIL
AND FURTHER DEDICATE TO THE USE OF THE PUBLIC AU.EASEMENTS AND TRACTS SHOWN ON DONNED AND APPROVED THIS DAY OF 20
THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON,NQUONO BUT NOT LIMITED TO
PARKS.OPEN SPACE,UTILITIES AND DRAINAGE UNLESS SUCH EASELS NTS OR TRACTS ARE
SPECIFICALLY IDENTIFIED ON THS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR MAYOR
ENTITY OTHER THAN PUBLIC.
EXAMINED AND APPROVED THIS DAY OF _ . 20
=MUN COY CLERK.ATTEST
KNOW ALL PEOPLE BY THESE PRESENTS THAT WE,THE UNDERSIGNED°VIERS IN FEE SIMPLE OF 0TY OF RENTON FINANCE DETECTOR'S CERTIFICATE
THE LAND HEREBY CERTIFY THAT NE HAVE ESTABUSHED A HOYEOWER'S ASSOCIATION IN I HEREBY CERTFY THAT THERE ARE NO DEINQUENT SPECIAL ASSESSMENTS
ACCORDANCE WITH WASHINGTON STATE LAW WHICH IDENTIFIES EACH LOT OF THIS PLAT AS A AND AU.SPECIAL ASSESSMENTS ON ANY OF THE PROPERTY.HEREIN CONTAINED,
MEMBER OF SAID HOMEOWNERS ASSOCIATION RECORDED UNDER KING COUNTY DEDICATED AS STREETS. ALLEYS OR FOR OTHER PUBLIC USE, ARE PAID IN FULL
RECORDING NO.
EXAMINED NC APPROVED THIS DAY OF 20
GREGORY DEVELOPMENT COMPANY HOMEOWNER'S ASSOCIATION
FINANCE DIRECTOR
COLONIAL BAR
ACKNOWLEDGEMENTSKING COUNTY APPROVALS
STATE OF NAS#NGTON KNO IMIY RMA ICE DIVISION CE R1E1 J
SS„ I HEREBY CERTIFY THAT ILL.PROPERTY TAXES ARE PAID. THAT THERE ARE NO DELINQUENT
COUNTY OF KING ) SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTOR AND THAT ALL SPECIAL
ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY
HEREIN CONTAINED.DEDICATED AS STREETS. ALLEYS OR FOR ANY OTHER PUBLIC USE.ARE
THIS IS TO CERTIFY THAT ON THIS_DAY OF 20 BEFORE ME,THE PAID N FULL THIS_ DAY OF , 20 ,
UNDERMINED.A NOTARY PUBLIC,PERSONALLY APPEARED
MANAGER.FINANCE DIVISOR DEPUTY
OF
HOMEOWNER'S ASSOQATION REPARBENISLASSESSAINIS
THAT EXECUTED THE FOREGOING DEDICATION. AND WHO ACKNOWIFDGED TO ME EXAMINED NND APPROVED THIS DAY OF 20
THE SAID INSTRUMENT TO BE THE FREE AND WIJUNTARY ACT AND DEED OF SAID
KING COUNTY ASSESSOR
ASSOCIATION.FCC THE USES AND PURPOSES THEREIN MENTIONED.AND ON OATH STATED
THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE SAID INSTRUMENT.NT.
WITNESS MY HAND AND OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE YRITTEN.
RECORDING CERTIFICATE
NOTARY PUBLIC IN AND FOR THE STATE OF FILED FOR RECORD AT THE REQUEST OF THE CITY OF RENTON THIS_DAY OF
20_, AT MINUTES PAST M. AND RECORDED IN
WASINOTON,RESIDING AT VOWYE OF PLATS,PAGE(S) RECORDS OF TONG
STATE OF WASHINGTON ) COMM WASHNOTON.
) SS. DIVISION OF RECORDS AND ELECTIONS
COUNTY OF KING )
THIS IS TO CERTIFY THAT ON THIS_DAY OF 20 BEFORE ME, TIE MANAGER SUPERINTENDENT OF RECORDS
UNDERSIGNED,A NOTARY PUBLIC,PERSONALLY APPEARED RECORDING NO.
11(LE OF CORPORATION
THAT EXECUTED THE FOREGOING DEDICATION.AND WINO AMC/KEDGED TO ME
TIE SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND D®OF SAID
CORPORATION.FOR THE USES AND PURPOSES THEREIN MENTIONED. AND ON OATH STATED SURVEYOR'S CERTIFICATE
THAT HE/SE WAS AUTHORIZED TO EXECUTE THE SAID INSTRUMENT. I HEREBY CERTIFY THAT THIS PLAT OF MONTEREY HEIGHTS IS BASED UPON AN
ACTUAL SURVEY AND SUBDIVISION OF SECTION A, TOWNSHIP yL NORTH.RANGE L.EAST.
WITNESS MY HAND AND OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE MITTEN. W.M., THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON; THAT THE
MONUMENTS WILL BE SET AND THE LOT AND BLOCK CORNERS PILL BE STAKED CORRECTLY
NOTARY PUBLIC IN AND F'OR THE STATE OF ON THE GROUND AS CONSTRUCTION IS COMPLETED AND THAT I HAVE FULLY COMPLIED PITH
THE PROVISIONS OF THE PLATTING REGULATIONS.
WASINOTON,RESIDING AT
NICK A.FINGER.PROFESSIONAL LAND
STATE OF WASHNOION ) `44�,A.Pr'.p SURVEYOR. CERTIFICATE NO.lose!
) SS. T.
COUNTY OF NINO ) t.
THIS IS TO CERTIFY THAT ON THIS_DAY OF 20 BEFORE ME. THE A
t� o, /�
UNDERSIGNED.A NOTARY PUBLIC,PERSONALLY APPEARED �WNy Pjpp D.R.R S♦RONG
TITLE OF CORPORATIONVNSINEEIS•PLAFNW A SURVEYORS
THAT EXECUTED THE FOREGOING DEDICATION.AND WHO ACKNOWLEDGED TO ME BO
THE SAID INSTRUMENT TO BE 1HE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION.FOR THE USES AND PURPOSES HERON MENTIONED.AND ON OATH STATED RESTRICTIONS
THAT HE/SHE WAS AUTHORITD TO EXECUTE THE SAID INSTRUMENT. IMPS K NIP FUAR ant[tot
IopA4 IN 000a
NO LOT OR PORTION OF A LOT IN THIS PLAT SHALL .p(N).p-1p.,1 F(45U IM_MIE
WITNESS MY HAND AND OFFICIAL SEAL THE DAY AND TEAR FIRST ABOVE PRIT EN. BE DIVIDED AND SOLD OR RESOLD OR OWNERSHP P-MAI2 ORSIIMMOUIW,MLCOM
CHANGED OR TRANSFERRED WHEREBY THE
OWNERSHIP CF ANY PORTION OF THIS PLAT SHALL
NOTARY PUBLIC IN AND FOR IHE STATE OF BE LESS THAN THE AREA REQUIRED FOR THE USE DATE: 03/09/00 JOB No. 98-176
DISTRICT IN WHICH LOCATED.
-
WASHNOTON,RESIDING AT DRAWN BY: VJB SHEET 1 OF 3
CITY OF RENTON LAND USE
MONTEREY HEIGHTS ACTION
N D NO. L-OO-003 5-FP
LAND A Replat of City of Renton Short Plat SHPL-077-89 According to Lot Line
Adjustments WA-97-003-LLA and LUA-99-046-LLA in the SW 1/4 of the SE 1/4 of Section 5.
Twp. 23141. Rng. 5E. W.M.. City of Renton, King County. Washington
LEGAL DESCRIPTION
sees&&.
THE NORTH 268.32 FEET OF THE EAST 142.30 FEET OF TRACT 267,
C.D.HILAIAN'S LANE WASINGTON GARDEN OF EDEI ADDITION TO
SEATTLE,DIVISION NO. 4,ACCORDING TO THE PLAT THEREOF CONTROL
SCHEME
RECORDED N VOLUME 11 Cr PLATS.PAGE 62,IN MO COUNTY, CON�ROL
WASIN GTON;
EXCEPT WE NORTH 20.00 FEET LYING WEST OF THE EAST 102.30 (NOT TO SCALE)
FEET THEREOF CONVEYED TO THE CITY OF RENTON FOR ROAD
PURPOSES UNDER KING COUNTY RECORDING NO.6660996; I I
(ALSO KNOV6I AS LOT 2,CITY OF RENTON LOT LNE ADJUSTMENT )
NO.WA-97-003,RECORDED UNDER KING COUNTY RECORDING NO. --- I
9702129004.BEING A PORTION OF LOTS 1 AND 2 OF CITY OF
RENTON SHORT PUT NO.SHPL-077-69.RECORDED UNDER KING -'------ SURVEYOR'S NOTE
COUNTY RECORDING NO.9007279001).Ek. ilio THE BEARING OF N6933'16'W(BASS OF BEARING)WAS
PROLONGED WEST AS THE CENTERLINE Cr RIGHT-OF-WAY
MCC. FOR N.E. 12TH STREET. WE PROLONGATION AGREED,
WITHIN ACCEPTABLE TOLERANCES,WITH THE FOUND GORIER
THE NORTH 268.32 FEET OF TRACT 267,C.D.HIL MAN'S LAKE MONUMENTS SET BY KEN OYI.ER FOR THE SHORT PLAT NE
WASHNGTON OIRDEN OF EOER ADDITION TO SEATTLE•DIVISION NO. LOT UVE ADJUSTMENT RLED UNDER RECORDING NUMBER
4,ACCORDING TO WE PLAT THEREOF RECORDED IN VOWME 11 OF II.1i 9702129004.
PLATS.PAGE 82,N KING COUNTY,WASiNGTON; WE BEARING OF N69'32'24'W AS SHOWN ON THE RECORDED
EXCEPT THE EAST 142.30 FEET THEREOF; LOT LINE ADJUSTMENT,IF PROLONGED WEST FROM THE
EXCEPT THE NORTH 20.00 FEET LYING WEST OF THE EAST 102.30 S89.29.27.a En MONUMENT(OTY Cr RENTON C.P.N. 57)AT WE S.E.CORNER
FEET THEREOF CONVEYED TO THE CITY OF RENTON FOR ROAD 98.96 OF SECTION 6-23-6E WOULD INDUCEERROR AN OF t0.6'IN A
PURPOSES UNDER IGNO COUNTY RECORDING NO.6660996E NORTH/S0 UTH DIRECTION. WE RECORD ANGLES WERE HELD FOR
".�•••:-- WE ESTABUSOIENT OF THE PLAT BOUNDARY.
AND THE ROTATIONAL DIFFERENCE BETWEEN RECORD PLAT BEARINGS
THE NORTH 13.89 FEET Cr T BEST 96.96 FEET OF LOT 1 OF CITY AND BEARINGS AS SHOWN ON TIRIs MAP IS OOOO'64'.HE
OF RENTON LOT LINE ADJUSTMENT No.WA-97-003,RECORDED
LINDER KING COUNTY RECORDING NO.9702120004.) 20 WIDE PUBLIC
(ALNO.9DJA 99042199��RECO DEED 0 OF�UNNDDER KITY OF NG OF LOTS 1RENTON
RECORDINGOT LINE NCI T W %3 OF CITY OF W UTILITY EASEMENT {Z� Z
UNDER KING COUNTY RECORDING NO.9702129004.)RECORDEDRENTON LOT UNE ADJUSTMENT No.WA-97-003. ,.T n%o Cl Q
in• r•t rn Q,
Oh
di
eg01
-- Z Z --- (5I Negissi6'W(BASIS OF BEARING)
�. -I-- MI ' 1326.22'(arY OF RENTON) I
N.E. 12TH ST. �_�zgam__---- go_ 1326.21.860)1326.30'(P) ..&
RESTRICTIONS --- , -----_ FOUND CON MONUMENT FOUND CONCIIETE MONUMENT
NTH COPPER TACK IN LEAD, WTH 3 BRASS DISC AND
COVENANTS,CONDITIONSMD RESTRICTIONS IMPOSED BY INSTRUMENT RECORDED I 9'S. AND II'E.or 'X'.6'S OF INTERSECTION
INTERSECTION OF N.E. 12111 OF ILE ST.ON AUGUST 10,1999.UNDER RECORDING N0.6906I0016Z I ST.AND ABERDEFN AVE.N.E. AVEN.E.12TH
7 N06-06 ONDS
ALL COVENANTS,CONDITIONS,RESTRICTIONS.RESERVATIONS,EASEMENTS OR VISITED 7-08-98 (CITY OF RENTON C.P.N.57)
(CITY OF RENTON C.P.N.71)
OTHER SERVITUDES.IF ANY,DISQOSED BY CITY OF RENTON SHORT PLAT NO.
SHPL-077-69.RECORDED UNDER KING COUNTY RECORDING NO.9007279001. N 168463.1572 N 1864626853
ALL COVENANTS,CONDITIONS.RESTRICTIONS,RESERVATIONS. OR
EN E/304665212 E 1306190.396
OTHER SERVITUDES.IF ANY•DISCLOSED BY OTY OF RENTON LOT UNE ADJUSTMENT NO.
LUA-97-003-11AG RECORDED UNDER KING COUNTY RECORDING NO.9702129004.
AU.COVENANTS.CONDITIONS.RESTRICTIONS.RESERVATIONS.EASEMENTS OR
OTHER SERVITUDES.IF ANY,DISCLOSED BY CITY OF RENTON LOT WE ADJUSTMENT NO.
WA-99-046-ILA,RECORDED UNDER KING COUNTY RECORDING NO.9904219003.
EASEMENT PROVISION$ PLAT NOTES
AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY COMPANY• BASIS Cr BEARING FOR THIS SURVEY IS THE <
U.S.BEST COMMUNICATIONS,GROUP W CABLE TELEVISION AND CITY OF RENTON(SEWER,WATER MONNENTED CENTERLINE OF N.E.12111 STREET �G�p.Yjjy 0
AND SIDEWALK)• AND THOR RESPECTIVE SUCCESSORS AND ASSGIS,UNDER AND UPON DIE FROM EDMONDS AVE N.E(CITY G•RE<TON e.•..
EXTERIOR TEN FEET PARALLEL VIM AND ADJOINING THE STREET FRONTAGE OF AU.LOTS N S.C.N.PONT NUMBER 57)TO ABERDEEN AVE �• ��: v
WHICIH TO INSTALL,LAY•CONSTRUCT.RENEW.OPERATE AND MAINTAIN SIDEWALK AND N.E.(CITY OF RENTON E.C.N.POINT NUMBER 71) I ` . T. D
UNDERGROUNDCONDUITS,MAINS,CABLES AND WILES VAIN NECESSARY FACILITES AND OTHER BONG N�13'16'W ?
. ., m
OM
EQUPIMHNT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY Will
ELECTRIC.TELEPHONE OAS AND UTILITY SERVICES. TOGETHER WIN THE RIGHT TO ENTER EOUPMENT: 'A° mew i
...
UPON THE LOTS AT ALL NINES FOR THE PURPOSE HEREIN STATED. ALSO EACH LOT SHALL BE .�"u•••
6L QU ENTION TAI (ALL PHASS) 'Wu use
SUBJECT TO AND EASEMENT 2.5 FEET IN WA)TH,PARALLEL VAIN AND ADJACENT TO ALL ALL EQUIPMENT YANT IN ADJ1S T TO
INTERIOR LOT LINES FOR THE PURPOSES OF UTILITIES AND DRAINAGE. THESE EASEMENTS MANUFACTURER SPECIFICATIONS. MOST RECENT
ENTERED UPON FOR THOSE PURPOSES SIALL BE RESTORED AS NEAR POSSIBLE TO THEIR DISTANCE MEASUREMENT COMPARISON ADJUSTMENT • `
ORIGINAL CONDITION. TO NOS(SAND POINT)BASELINE MAR .1996.
NO ONES OR WIRES FOR THE TRANSIISSON OF ELECTRIC OR FOR TELEPHONE USE.OR FOR PROCEDURES:
CABLE TELEVISION,FIRE OR POLICE SIGNALS.OR OTHER PURPOSES.SHALL BE PLACED OR FIELD'TRAVERSE METHOD MEETS OR EXCEEDS MINIMUM D.R. STRONG
PERMITTED TO BE PLACED UPON ANY LOT OUTSIDE THE BUIDING THEREON UNLESS THE SANE REOURE: NTS N ACCORDANCE WTH WAC 332-130.
SHALL BE UNDERGROUND OR IN CONDUIT TO THE BUILDING.
PRIVATE DRAINAGE EASEMENT WWIINLOT CORNERS VAL BE STAKED 6 REPAIR WTH SUURVEYOR'S�YEILOW�PLASTIC CAP DIGINmR8•KNOWN•N"" MI
STAMPED NTH SURVEYOR'S CERTIFICATE NUMBER 19866. UR
THE DRAINAGE FACILITIES LOCATED WTHIN THE PRIVATE EASEMENTS SHOWN PL ON THE AT
SHALL BE OWED.OPERATED. AND MAINTAINED BY NE HOMEOWNER'S ASSOCIATION CREATED
FOR THIS PLAT. THE HOMEOWER'S ASSOCIATION SHALL BE ESTABUSEED IN ACCORDANCE VAN 10901 NE 31Ih RACE ME 101
WASHINGTON STATE LAW. 1796A4 WA MRO
NA(MO 107 RL1J For(WO SO7-1:427
THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER SAD EASEMENTS TO REPAIR ANY E-MAA+ ON I ILCO1
DEFICIENCIES OF TIE DRAINAGE FACAUTY IN THE EVENT THE OWNER(S)IS/ARE NEGLIGENT N DATE: 3/09/00 JOB No. 98-176
THE MAINTENANCE OF THE DRAINAGE FACILITIES. THESE REPARS SHALL BE AT THE OWNER'S
COST.
DRAWN BY: VJB SHEET 2 OF 3
CITY OF RENTON LAND USE
MONTEREYHEIGHTS LLNDACTIN RECORD NO.NO. ALNDOo0335FP
A Replat of City of Renton Short Plat SHPL-077-89 According to Lot Line
Adjustments WA-97-003—LLA and LUA-99-046—LLA in the SW 1/4 of the SE 1/4 of Section 5,
Twp. 23N, Rng. 5E. W.M.. City of Renton. King County. Washington
bl
z. I
Q I FOUND REBAR AND
} 30' va, CAP.LS. 5524
FOUND REBAR AND �4uJ
CAP,LS.5524 0 w w 0.05'SOUTH,
0.07'SOUTH, n• 0.06'EAST
0.13'EAST `'r
I§ l't dE) II BO
N.E. 14Th ST. 8 = z N 89'54'32"W(P) 1 .
N 89'55'26•W N 825'26• W 25'-.,
c N 89'54'32"W(P) b 8 0.4' 102.30' Exl t '`4.0.
1'+ 8955'26• W 149.96' •'+ �„N Fence • I"-
� b 79.31 I�6i 65• t 9.00', LOT 1 0 40 80
10'MDE PRIVATE R-19.50' t I 37,iSJ Si 132e m 76 Z . .
L..30.78
t nny EASEMENT I I 1 120./v o PRIVATE LITUTY EASEMENT I 0 SCALE 1 �0
es :�a2T 10 b S I I 2,,,_
II 111.29' p
98.96' •
11327I 10'
II N 892927•W "Lr---,�= 0 LEGEND
® N 89'29'27"W „"" e.l' G(,
to NDE PRIVATE to,I II 8 LOT 2 �� o . STANDARD CITY OF RENTON MONUMENT TO BE SET
g USUIY EASEMENT I I a A5.504 SF Z
8 A4,9 O7 S• 8 21' 121' 111.29' n 76 Q 0 FOUND REBAR AND CAP AS NOTED
rr EMI N 89'28'27• W to
w W ® Fowl MONUMENT AS NOTED
98.96' 4j n to
— _a— N 89'29'27"W ZIn 14' L••,1
W Al?t l >N ' $ 1f'.t. LOT 3 g- — (P) RECORD PLAT DIMENSIONS
p8 pgp ,1-: LOT 8 8 n Q a�n :) tasea sr g w la
s
!�� il1 {�Si�*4,047 SF g N }}wyavj Ir•i ii 111.29' 1 n 76 Li_ NW)MEASURED DO ENSIGNS•
n •,a,1=r ( rats I W. N 89'29'27"W rV
88 9B.8'^ L�i'3N 0oa''n CD TAX LOT NUMBER
zz N 89'2927 W on 8 LOT4 z kb Z O
56 188 w; *5,584 SF 1310 8 zWQ �1 HOUSE ADDRESS8 LOT7 8zz �,- --
g A4,911 SF I 18 ` 20' 'I' III 29 CCAIXIFER PROIEcnON NbnCE
r7 98.96' �" � I 21' i N 89'29'27"W 78 Q THE LOTS CREATED HES(EIN FALL WIEON ZONE 2 OF
201 VIDE PUa.lc 0 RE]NTOES AQUIFER PROTECTION AREA AND ARE
UTltm EASEMENT • o N 8979'27"W o3 I LOTS SUBJECT TO THE REQUIREMENTS OF THE CITY OF
r r?'
m I itupo AR 1304 8 RENTON ORDINANCE NO. 4387 AND AS AMENDED
8
�� —n1wtA°HRwND 8 Z BY ORDINANCE NO.4740. THIS OTYS SOLE
a+aDTg 11J� I o I N SOURCE OF DRINION°WATER IS STWPUED FROM A
may I 111.30' (CONCRETE WALL/ ~ SHALLOW AQUIFER UNDER TEE CITY SURFACE THERE IS
-— 98.96' e N 8955'23" W 153.30' TENNIS COURT 0 _ NO NATURAL BARRIER BETWEEN THE WATER TABLE MD
GROUND SURFACE EXTREME CARE SHOULD BE
N 89'55'26"W i (ON UNE) Z 0 EXERCISED WEN NANO NO Cr UOUD SUBSTANCE
7® Z Q OTHER THAN WATER TO PROTECT FROM CONTACT Will
E GROUND SURFACE IT IS T OMNER'S
1S,t, Q DIE RRESPONSEBIUTY TO PROTECT TEE OWE DRINKING
F—V
-U71UTnY EASEMENT ,l%..r. F .71. NOTE:
W THE STORM DRAIN RETENTION VAULT AND CONTROL
O(7 N Y STRUCTURE LOCATED N THE RENT-OF-WAY ARE TO
76
Q Z BE MAINTAINED BY THE HOMEOWNERS ASSOCAnON.
N ww N ® _I O
I— n ( )
o ^Q L L� zQ
YM <
ON W Z ��.A•4.A• F
W z z IA � -01— ® ry J W J DC
m
•r FT.•
•
zz UW< oat
U V)
6
D.R. STRONG
Onne,re+v s litre ...a►
imam•P AEI011•IIILMnORI
FOUND REBAR AND
CAP, LS. 5524 so
0.01'NORTH,
0.12'WEST \
,_ —17_L 252.26' _ — —N 89 DIM It iIt PLACE UT!WI
'3318 W N 89'32 24 �Pr MIO °,VA oOXo
I g R.(411»m-WI3 Fir(475)NI>�Itta
I N N.E. 12th St. o tom,
1...-- N 89'33'18"W N 89'32'24•W(P) 262.26'(P) ._
n 278.25'(P)
177.69'(Medj DATE: 3/09/00 JOB No. 98-176
FOUND CONCRETE MONUMENT WITH 1 1/2" BRASS DISK
IN CASE, 0.07'N. VISITED 7-08-98 DRAWN BY: VJB SHEET 3 OF 3
V
Return Address: 20000406000763
PAGE 001ROFT004EAS 11.00
City Clerk's Office 04/06/2000 13:43
City of Renton KING COUNTY, WA
1055 South Grady Way
Renton WA 98055
M
CD
n
O
CD
Title: UTILITIES EASEMENT Property Tax Parcel Number: 33 4390- ?
Project File#:Lui\00.013 p D o i�# Street Intersection or Project Name:N !e`oh- r e q A v Ale e' r; -t 2.
Grantor(s): Grantee(s):
1. C� C'-/ 1. City of Renton,a Municipal Corporation
2.
The Grantor,as named above,for or and in consideration of mutual benefits,hereby grants,bargains,sells and delivers to
the above named Grantee,the following described property
LEGAL DESCRIPTION: S.EG �c_�-+
p``or-f�ovt { jracf' ?-40?, C,D. (Fitman'S (raKe ,(Ja�o I prec,
shin oh GarG�ln �f Ede�i
Add;#•'ovi �� Sc� e�D,vt5;on Arc4 accorvt;ny ord
f•fhephat rec �t n t�� ny 2 �,Z in is, f�l�
For the purpose of constructing,reconstructing,installing,repairing,replacing,enlarging,operating and maintaining uti ities
and utility pipelines,including,but not limited to,water,sewer and storm drainage lines,together with the right of ingress
and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or
liability therefor. Following the initial construction of its facilities,Grantee may from time to time construct such additional
facilities as it may require. This easement is granted subject to the following terms and conditions:
1. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of
the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as
practicable to the condition they were in immediately before commencement of the work or entry by the Grantee.
2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the casement
rights granted to the Grantee.
3. Grantor shall not,however,have the right to:
a. Erect or maintain any buildings or structures within the easement;or
b. Plant trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the
utilities to be placed within the easement by the Grantee;or
c. Develop,landscape,or beautify the easement area in any way which would unreasonably increase the costs to
the Grantee of restoring the easement area and any private improvements therein.
• d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the
compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities.
e. Blast within fifteen(15)feet of the right-of-way.
This easement shall run with the land described herein,and shall be binding upon the parties,their heirs,
successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and
that they have a good and lawful right to execute this agreement.
2 COO
IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this z` day of /444w t*. .
IgAaer.77- (21)717- 7%..1
V
Notary Seal must be within box INDIVIDUAL FORM OF ACKNOWLEDGMENT
STATE OF WASHINGTON )ss
COUNTY OF KING
G N'.• t/0�, I certify that I know or have satisfactory evidence that GrOR4 e V.=<5o,/
stOs
�' r{✓ //s/L</S /2 / 5I''N signed this instrument and
NOTARY;t acknowledged it to be his/her/their free and voluntary act for the uses and purposes
Cr) N O A"' +•� mentioned in the instrument
i :'1, vQL1G 4.. .
C— t
o °F• reAsv,
` .;',. Notary P ic in and for the State of Washington
Lc) Notary(Print) �. //• G ✓o
My appointment expires: I !a.✓e- /D �Z670
Dated: /V/9 -z 41 .Z e9e2 O
Notary Seal must be within box REPRESENTATIVE FORM OF ACKNOWLEDGMENT
c-D
(L3 STATE OF WASHINGTON )ss
COUNTY OF KING
I certify that I know or have satisfactory evidence that
signed this instrument,on oath
stated that he/she/they was/were authorized to execute the instrument and
acknowledged it as the and
of to be the free and voluntary act of such
party/parties for the uses and purposes mentioned in the instrument.
Notary Public in and for the State of Washington
Notary(Print)
My appointment expires:
Dated:
Notary Seal must be within box CORPORATE FORM OF ACKNOWLEDGMENT
STATE OF WASHINGTON )ss
COUNTY OF KING
On this day of , 19 ,before me personally appeared
to me known to
be of the corporation that
executed the within instrument,and acknowledge the said instrument to be the free
and voluntary act and deed of said corporation,for the uses and purposes therein
mentioned,and each on oath stated that he/she was authorized to execute said
instrument and that the seal affixed is the corporate seal of said corporation.
Notary Public in and for the State of Washington
Notary(Print)
My appointment expires:
Dated:
T:U98\1\98176\EASEMENT.DOC\ Page 2 FORM 03 0000/bh/CA2-21-97
EXHIBIT"A"
LEGAL DESCRIPTION
m A STRIP OF LAND, 20 FEET IN EVEN WIDTH SITUATE IN THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 5
EAST, WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
o BEGINNING AT THE SOUTHWEST CORNER OF TRACT 267, C. D. HILLMAN'S LAKE
WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE, DIVISION NO. 4
ACCORDING TO THE PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 82, IN KING
COUNTY, WASHINGTON;
`� THENCE N 00°30'36" E, ALONG THE WEST LINE OF SAID TRACT 267, A DISTANCE OF
271.31 FEET;
THENCE S 89°55'26" E 20.00 FEET;-
THENCE S 00°30136" W 271.44 FEET;
THENCE N 89°33'18" W 20.00 FEET TO THE POINT OF BEGINNING.
I
/
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\\STATION-24\DOCUMENTSV9811\98176 EASEMENTI.DOCCPage 3 FORM 03 0000/bWCA2-2I.97
Map Exhibit
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T:U9811198176\EASEMENT.DOC1 Page 4 FORM 03 0000/bh/CA2-21-97
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20000406000766
CITY OF RENTON.COV 16.00
• • PAGE 001 OF 009
Return Address: 04/06/2000 13:43
KING COUNTY, WA
City Clerk's Office
City of Renton.
' 1055 S. Grady Way
•
Renton WA 98055
Please print or type information
Document Title(s):
Bylaws of Monterey -Heights Homeowner Association •
LCI
Reference Number(s) of Documents assigned or released:
[on page of document(s)]
cn.
Grantor(s)(Last name first,then first name and initials):
1. Gregory Development Company
2.
3.
4. ❑ Additional names on page of document .
Grantee(s)(Last name first,then first name and initials): •
1. N/A •
2.
3.
4. 0 Additional names on page of document
Legal Description (abbreviated: i.e. lot,block,plat or section,township,range):
Parcel A: North 266.32 ft of the East 142.30 ft of Tract 267, CD Hillmans
Lake WA Garden of Eden Addition to Seattle Div. No. 4, according to Plat in
Vol. 11 of Plats, page 82. . Parcel B: North 266.32 ft of Tract 267, CD Hill-
mans Lake WA Garden of Eden addition to Seattle, Div. No. 4 according to
Plat in Volume 11 of Plats, page 82. Also North 13.69 ft of the West 98.96
ft of Lot 1 of City of Renton LLA recorded under no. 9702129004
•
El Additional legal is on page 8 of document
•
Assessor's Property Tax Parcel/Account Number:
334390252206• and 334390252404 . .
•
❑ 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.
BYLAWS
OF
MONTEREY HEIGHTS HOMEOWNER ASSOCIATION
ARTICLE I.
NAME AND LOCATION
1.1 The name of the corporation is Monterey Heights Homeowner Association, a
Washington nonprofit corporation.
1.2 The principal office of the corporation shall be at 9311 S.E. 36th St., #208, Mercer
o Island, WA 98040,but may be changed from time to time by designation of the Board of
Directors. Meeting of Members and directors may be held at such places within the State of
Washington, County of King, as may be designated by the Board of Directors.
C-y
ARTICLE II
DEFINITIONS
2.1 "Association" shall mean and refer to the Monterey Heights Homeowner
Association, its successors and assigns.
2.2 "Facilities" means drainage pipes, infiltration tanks and catch basins located
within the 20' wide utility easement east of and adjacent to extension of Monterey Ave.N.E.
(which extension and easement are shown on the Monterey Heights Plat Map) and a control
structure(vault) located at the south end of and within the extension of Monterey Ave.N.E. The
"Facilities"do not include the storm sewer pipes located within the extension of Monterey
Heights Ave.N.E.
2.3 "Declarant"means Gregory Development Company, a Washington corporation
and its Successor Declarant during the Development Period.
2.4 "Declaration" shall mean and refer to the Declaration of Covenants, Conditions,
Restrictions, and Easements for Monterey Heights recorded in the Office of the County
Recorder, King County, Washington, and all subsequent amendments thereto.
2.5 "Development Period"means that period Declarant requires to develop and
market the Property and shall end at the earlier of the following: (a)the sale of all lots with
completed residences thereon for those lots sold to licensed builders and the sale of all other lots
(whether or not residences are then constructed thereon) sold to persons who are not licensed
builders; (b)upon written notice by Declarant that it has elected to terminate the Development
Period; or(e) expiration of ten (10) years from the date the Declaration is recorded.
2.6 "Lot" shall mean and refer to any subdivided parcel of land of the Property
described in the declaration, on which a single-family residence is intended to be constructed.
2.7 "Member" shall mean any person or entity holding membership in the
Association, which membership shall automatically include each Owner of a Lot, and such
appurtenant membership shall not be separated from Lot ownership.
2.8 "Owner" shall mean and refer to the record owner, whether one or more persons
or entities, of a fee simple interest to any Lot which is part of the Property, including contract
71 purchasers, but excluding contract sellers and mortgagees or others having such interest merely
as a security for performance of an obligation.
2.9 "Plat"means the Plat of Monterey Heights, as approved by the City of Renton
under its File No. LUA-98-144, PP, and recorded in the Office of the County Recorder, King
County, Washington.
2.10 "Property" shall mean and refer to all of that certain real property described in the
Declaration.
2.11 "Successor Declarant" shall mean a licensed builder who acquired all of the Lots
from Declarant without completed residences thereon.
ARTICLE III
MEETINGS OF MEMBERS
3.1 Annual Meeting. The first annual meeting of the Members shall be held in
February, 2000. Each subsequent annual meeting of the Members shall be held in February of
each year or such other date and at a time and place established by the Board of Directors.
3.2 Special Meetings. Special Meetings of the members may be called at any time by
the President of the Board of Directors or shall be called upon written request of the members
having twenty percent (20%) of the total membership votes entitled to be cast.
3.3 Notice of Meetings. Written notice of each meeting of the Members shall be
given by, or at the direction of,the President or other person authorized to call the meeting,by
personal delivery or mailing a copy of such notice,postage prepaid,to each member entitled to
vote at the meeting, not less than fourteen(14) days in advance of the meeting. Notice shall be
addressed to the Member's address last appearing on the books of the Association, or supplied by
such Member to the Association for the purpose of Notice. Such notice shall specify the place,
day, and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting,
Notice of the meeting may be waived in writing by any Member at any time either before or after
the meeting. Attendance at the meeting in person or by proxy shall constitute a waiver of notice
of the meeting by the Member or Members so attending.
3.4 Quorum and Voting. The presence at the meeting of Members entitled to cast or
proxies entitled to cast sixty percent(60%) of the total membership votes entitled to be cast shall
constitute a quorum for any action. If, however, such quorum shall not be present or represented
at any meeting,the Members entitled to vote thereon shall have the power to adjourn the meeting
from time to time, without notice other than announcement at the meeting, until a quorum as
aforesaid shall be present or represented. If a quorum is present,the affirmative vote of the
cp majority of the Members represented at the meeting and entitled to vote shall be the act of the
Members,unless the vote of a greater number of Members is required under the Articles of
Incorporation, Bylaws or Declaration.
3.5 Proxies. Attendance at and participation in meetings may be in person or by
proxy. All proxies shall be in writing and filed with the Secretary. Every proxy may be relied
upon as valid unless it is revoked in writing and submitted to the President or Secretary prior to
the start of the meeting,provided, further,that a proxy shall automatically cease upon
conveyance by the Member of his or her ownership in a Lot.
3.6 Voting by Mail or Facsimile. The Board may permit Members to vote by mail or
facsimile on any issue that it proposes to submit a vote of the Membership at an annual or special .
meeting of the Association. The written ballot,with the proposal attached or incorporated
therein, must be sent to each member with the notice of the meeting, and must be returned prior
to the start of the meeting in order to be counted.
3.7 Suspended Member. The votes of all suspended Members shall not count as
Member votes entitled to be cast.
3.8 Declarant Control During Development Period. During the Development Period,
Declarant shall have all voting rights and, at its option, shall have and may exercise all of the
rights and powers given herein or in the declaration to the Board and the Association, including
all rights to create and enforce assessments and liens.
ARTICLE IV
BOARD OF DIRECTORS
4.1 Number, qualifications. Except for the Development Period,the Association shall
be managed by a Board of three (3) directors, each of whom must be an Owner. The Board shall
select from among the directors the following officers: President, Secretary and Treasurer.
4.2 Term of Office. The terms of office of all Board members shall be one (1) year or
until their successors are elected.
4.3 Nomination. Nominations for directors shall be made from the floor at the annual
meeting. The Members shall make as many nominations for election to the Board as they desire,
but not less than the number of vacancies that are to be filled.
4.4 Election. Elections of directors shall be by secret written ballot. At such
elections the Members or their proxies may cast, in respect to each vacancy, as many votes as
they are entitled to exercise under the Declaration. The persons receiving the largest number of
votes shall be elected. Cumulative voting shall not be permitted.
4.5 Removal. Any director may be removed from the Board, with or without cause,
by a majority of the total membership votes entitled to be cast. In the event of death, resignation
or removal of a director,the remaining director or directors shall have full authority to appoint a
successor director or directors. The successor director or directors shall serve for the unexpired
term of his or her predecessor. In the event that all of the directors are removed or resign, their
successors shall be elected by the members of the Association at a regular meeting or special
c-.7) meeting called for that purpose, and shall serve for the unexpired terms of their predecessors.
r::
4.6 Compensation. No director shall receive compensation for any service he or she
may render to the association. However, any director may be reimbursed for his or her actual
and reasonable expenses incurred in the performance of his or her duties.
4.7 Duties. The duties of each officer are as follows:
(a) President. The President shall preside at meetings of the Board of Directors
and at regular and special meetings of the Membership. The President shall exercise the usual
executive powers pertaining to the office of president. The President shall sign all written
contracts and such other instruments as are approved by the Board.
(b) Secretary. The Secretary shall record the votes and keep the minutes of all
meetings and proceedings of the Board and of the members. The Secretary shall serve notices of
meetings of the Board and of the Members. The Secretary shall keep appropriate current records
showing the Members of the Association together with their addresses, and shall perform such
other duties as required by the Board.
(c) Treasurer. The Treasurer shall have the care and custody of and be
responsible for all funds and investments of the Association and shall cause to be kept regular
books of account. The Treasurer shall cause to be deposited all funds and other valuable effects
in the name of the Association in such depositories as may be designated by the Board of
Directors, and in general, shall perform all the duties incident to the office of Treasurer.
ARTICLE V.
MEETING OF BOARD OF DIRECTORS
5.1 Meetings. Meetings of the Board of Directors may be held at any place and time,
whenever called by the President, or any two directors or as may be fixed from time to time by
resolution of the Board.
5.2 Notice of Meetings. Notice of the time and place of any annual or special
meeting of the Board of Directors shall be given by the Secretary, or by the person or persons
calling the meeting, by mail, by facsimile, or by personal communications over the telephone,
electronic transmission or otherwise, at least fourteen(14) days prior to the date on which the
meeting is to be held.
5.3 Quorum. A minimum of two (2) members of the Board of Directors shall
LED
constitute a quorum for the transaction of business. A majority of the Board may designate one
or more of its members as a representative to act for it. The act of the majority of directors
cp
present at a meeting at which a quorum is present shall be regarded as an act of the Board. A
director who is present at such a meeting shall be presumed to have assented to the action taken
CD at the meeting unless the director's dissent or abstention is entered in the minutes of the meeting
0 or the director files his or her written dissent or abstention to such action with either the person
acting as secretary of the meeting before the adjournment of the meeting or by registered mail to
the Secretary of the corporation immediately after the adjournment of the meeting.
5.4 Meetings Held by Telephone or Similar Communications Equipment. Members
of the Board of Directors may participate in a meeting of the Board by means of a conference
telephone or similar communications equipment by means of which all persons participating in
the meeting can hear and communicate with each other at the same time. Participation by such
means shall constitute presence in person at a meeting and must include the taking of minutes to
be official.
5.5 Actions by Written Consent. The directors shall have the right to take any action
that otherwise could have been taken in a meeting in the absence of a meeting provided they
obtain written approval of all directors. Such approval must be in writing, must set forth the
actions so taken, and must be signed by all of the Members or directors entitled to vote with
respect to the subject matter thereof. Such consent shall have the same force and effect as
though taken at a meeting of the directors, and may be described as such.
ARTICLE VI.
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
6.1 Powers. The Board of Directors shall have power to:
(a) Suspend the voting rights of a Member who has not cured a violation of the
Declaration or the rules and policies duly promulgated thereunder after written notice of
violations has been delivered or mailed to that Member.
(b) Suspend the voting rights of a Member during any period in which such
member shall be in default in the payment of any assessment levied by the Association.
(c) Exercise by the Association all powers, duties and authority vested in or
delegated to this Association and not reserved to the Members by other provisions of these
Bylaws,the Articles of Incorporation, the Declaration or applicable law.
(d) Declare the office of a member of the Board of Directors to be vacant in the it
event such director shall be absent from three (3) consecutive regular meetings of the Board.
(e) Employ a manager, or an independent contractor, as the Board deems necessary and
prescribe the manager's or independent contractor's duties.
(f) Perform and enforce the preservation and maintenance provisions described in the
Declaration.
6.2 Duties: It shall be the duty of the Board of Directors to:
(a) Cause to be kept a fair and accurate record of all its acts and corporate affairs
and to present a statement thereof to the Members at the annual meeting of the Members or at
any special meeting when such a statement is requested in writing by twenty percent(20%) of
the total membership votes entitled to be cast.
(b) Supervise all officers or agents of the Association and see that their duties are
properly performed.
(c) As more fully provided in the Declaration, to:
(i) Determine the amount of any regular or special assessments against
each Lot at least thirty (30) days in advance of each assessment"due"
date period;
(ii) Send written notice of each regular and/or special assessment to every
Owner subject thereto at least thirty (30) days in advance of each
assessment period; and
(iii) Collect all assessments when due and establish reserves as provided
in the Declaration; and
(iv) Foreclose the lien against any Lot for which assessments are not paid
within thirty (30) days after the due date or bring an action at law
against the Owner personally obligated to pay the same.
(v) Assess interest at the rate of one (1) percent per month (12% annual)
for any assessment not paid within ten (10) days after the due date.
(d) Issue, or cause an appropriate officer to issue, upon demand by any person, a
certificate setting forth whether any assessment has been paid. The Board may charge a
reasonable fee for the issuance of these certificates. If a certificate states that an assessment has
been paid, such certificate can be conclusive evidence of such payment.
(e) Procure and maintain liability insurance and cause all officers or employees
have fiscal responsibilities to be bonded, as the Board may deem appropriate.
ARTICLE VII
ASSESSMENTS
7.1 Assessments. Each Member is obligated to pay the Association regular
assessments and special assessments as set forth in the Declaration.
c; 7.2 Proration. When ownership of a Lot changes, liability for the regular annual and
special assessments which have been established for the year of purchase shall be prorated
between the buyer and seller in accordance with the number of days remaining in that year on the
date of closing. All assessments due and payable on the day of closing shall be paid at closing
by the party liable.
ARTICLE VIII
MISCELLANEOUS
8.1 Books and Records. The books,records and papers of the Association shall be at
all times, during reasonable business hours, subject to inspection by any Member. The
Declaration,Articles of Incorporation and Bylaws of the Association shall be available for
inspection by any Member at the principal office of the Association, where copies may be
purchased at reasonable cost.
8.2 Loans Prohibited. No loan shall be made by the association to any officer or to
any director.
8.3 Amendment of Bylaws. These Bylaws may be amended or repealed by the
affirmative vote of at least sixty-seven percent(67%) of the total membership provided, that a
copy of the proposed Bylaws amendment or repeal is provided with the notice of the meeting
according to the procedure in Section 3.3.
8.4 Fiscal Year. The last day of the Fiscal year of the Association shall be December
31.
IN WITNESS WHEREOF, we the directors of the Monterey Heights Homeowner
Association have hereunto set our hand this 23 4iay of t.1, -0. , 2000.
•
EXHIBIT A
Legal Description of Property
LO
PARCEL A:
The North 266.32 feet of the East 142.30 feet of Tract 267, C.D. Hillmans' Lake Washington
Garden of Eden Addition to Seattle, Division No. 4, according to the Plat thereof recorded in
Volume 11 of Plats,page 82, in King County, Washington;
Except the North 20.00 feet lying West of the East 102.30 feet thereof conveyed to the City of
Renton for road purposes under King County RecordingNo. 6660996;
l'J
(Also known as Lot 2, City of Renton Lot Line Adjustment No. LUA-97-003, recorded under
King County Recording No. 9702129004, being a portion of Lots 1 and 2 of City of Renton
Short Plat No. SHPL-077-89, recorded under King County Recording No. 9007279001).
PARCEL B:
The North 266.32 feet of Tract 267, C.D. Hillman's Lake Washington Garden of Eden addition
to Seattle,Division No. 4, according to the Plat thereof recorded in Volume 11 of Plats,page 82,
in King County Washington;
Except the East 142.30 feet thereof;
Except the North 20.00 feet lying West of the East 102.30 feet thereof conveyed to the City of
Renton for road purposes under King County Recording No. 6660996;
And
The North 13.69 Feet of the West 98.96 feet of Lot 1 of City of Renton Lot Line Adjustment
No LUA-97-003, recorded under King County recording No 9702129004.
Also Known as Lot 3 of City of Renton Lot Line Adjustment No. LUA-99-046, Recorded under
King County Recording No. 9904219003, being a portion of Lots 1 and 3 City of Renton Short
Plat No. SHLP-077-89, Recorded under King County Recording No. 9007279001.
L •_ ._ it;;;;i
20000406000765
• CITY OF RENTON COV 19.00
PAGE 001 OF 012
Return Address: KING6COUNTYi3WA3
City Clerk's Office
City of Renton
1055 S. Grady Way
•
Renton WA 98055
Please print or type information
Document Title(s):
Declaration of Covenants, Conditions, Restrictions and Easements for
`.r7 Monterey Heights
uD
Reference Number(s) of Documents assigned or released:
CD [on page of document(s)]
o Grantor(s)(Last name first,then first name and initials):
0 1. Gregory Development Company
2.
CD 3.
CD 4. ❑ Additional names on page of document
Grantee(s)(Last name first,then first name and initials): •
1. N/A
2.
3.
4. ❑ Additional names on page of document
Legal Description (abbreviated: i.e. lot,block,plat or section,township,range):
Parcel A: North 266.32 ft of the East 142.30 ft of Tract 267, CD Hillmans
Lake WA Garden of Eden Addition to Seattle Div. No. 4 as recorded in Vol 11
of Plats, page 82. Parcel 'B: North 266.32 ft of Tract 267, CD Hillmans Lake,
WA Garden of Eden addition to Seattle Div. No. 4 as recorded in Vol. 11 of
Plats, page 82. Also, North 13.69 ft of Lot 1 of City of Renton LLA under
KC recording no. 9702129004
LI Additional legal is on page 11 of document
•
Assessor's Property Tax Parcel/Account Number:
334390252206'and 334390252404 • •
•
•
❑ 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.
t t
DECLARATION OF COVENANTS,CONDITIONS
RESTRICTIONS AND EASEMENTS FOR
MONTEREY HEIGHTS
ARTICLE 1. PURPOSE AND SUBMISSION TO DECLARATION
1.1. The Property. GREGORY DEVELOPMENT COMPANY, a Washington
corporation(hereinafter"Declarant"), is the owner of certain real property in King County,
Washington, more particularly described in Exhibit A attached and incorporated herein by this
"' reference (the "Property"). The Property covered by this Declaration includes all portions of the
Plat of Monterey Heights.
1.2 Submission to Declaration. Declarant hereby declares that the Property is and
shall be held,used,transferred, sold and conveyed subject to and restricted by the restrictions,
covenants, reservations, easements and conditions,referred to collectively hereafter as the
"Covenants"or"Declaration," as set forth herein. The Covenants are designed to protect and
enhance the value and useability of the Property as well as comply with conditions imposed by
the City of Renton to issuance of the Final Plat of Monterey Heights.
1.3 Homeowner Association. This Declaration relates specifically to the Monterey
Heights Homeowner Association, a non-profit corporation.
ARTICLE 2. DEFINITIONS
2.1 "Association"means the Monterey Heights Homeowner Association, a
Washington nonprofit corporation,its successors and assigns. The Association is composed of
Lot Owners and is organized and established to preserve and maintain the drainage pipes,
infiltration tanks and catch basins located within the 20' easement adjacent to the extension of
Monterey Heights Ave.N.E. and the control structure (vault) located within the extension of
Monterey Heights Ave.N.E. ("Facilities").
2.2 "Association Action"means a written corporate action of the Association in the
form of either a bylaw or a resolution duly passed by either the Board of the Owners.
2.3 "Board"means the Board of Directors of the Association.
2.4 "Development Period"means that period Declarant requires to develop and
market the Property and shall end at the earlier of the following: (a)the sale of substantially all
Lots with completed residences thereon for those Lots sold to licensed builders and the sale of all
other Lots (whether or not residences are then constructed thereon) sold to persons who are not
licensed builders; (b)upon written notice by Declarant that it has elected to terminate the
development Period; or(c) expiration of ten(10) years from the date this Declaration is recorded.
2.5 "Lot"means a legally segmented and alienable portion of the Property as
numbered and designated on the recorded Plat. The term "Lot" does not include streets and
other public areas.
2.6 "Member"means any person or entity holding membership in the Association.
2.7 "Mortgagee"means the holder or beneficiary of any mortgage or deed of trust
encumbering one or more of the Lots.
2.8 "Owner"means the record owner, whether one or more persons or entities, of a
fee simple interest to any Lot which is a part of the Property, including contract purchasers,but
excluding contract sellers and mortgagees or others having such interest merely as a security for
performance of an obligation.
0 2.9 "Plat"means the Plat of Monterey Heights as approved by the City of Renton
under its File No. LUA-98-144, PP, and recorded on.� ,.;/ l , , 2000 under King
�� County Recording No.e2o coo S/O G go a of y
2.10 "Property"means all of that certain real property described in Exhibit A and
included within the Plat.
2.11 "Successor Declarant"means a licensed builder who acquires all of the Lots from
Declarant without completed residences thereon.
ARTICLE 3. PURCHASE AND SALE AGREEMENTS
3.1 All purchase and sale agreements for Lots shall include a clause informing
purchasers of the provisions for the Association and the allocation of costs to Owners of Lots to
preserve and maintain the Facilities.
ARTICLE 4. DRAINAGE EASEMENT
Declarant does hereby declare, create, establish, grant and convey to the Association and
the Owners therein a nonexclusive drainage easement in the 20' wide utility easement area, as
shown on the Monterey Heights Plat Map, and the Facilities for the purpose of providing storm
water drainage from each Lot to and through the Facilities, which are part of the storm drainage
plans approved as part of the Final Plat. The easement is dedicated for the use and benefit of the
Property,the Association and Owners of any portion of the Property and shall be an
appurtenance to each Lot. No improvement, fill or obstruction shall be permitted or suffered to
alter the effectiveness of the drainage easements or the Facilities, unless specific written
permission has been obtained by both the Association and the applicable governmental entity.
All maintenance,monitoring repair and/or rebuilding of the Facilities shall be by the
Association,unless and until said facilities are dedicated and accepted by the City of Renton or
other applicable governmental authority.
ARTICLE 5. RESERVATION OF EASEMENT
There is reserved to Declarant and to the Association,their agents and employees, an
easement over each and every Lot for entry and access in a reasonable manner and at reasonable
times and places for the performance generally of all their rights and duties as provided in this
Declaration.
ARTICLE 6. DEDICATED RIGHT OF WAY
Lc-)
As part of the final approval of the Plat,the Declarant is dedicating to the City of Renton
o the right of way for roadway purposes as depicted on the face of the Plat together with the storm
drainage and sanitary sewer pipes therein, provided,that the Facilities which are located within
the 20' wide utility easement and the dedicated right of way shall remain owned and controlled
by the Association, subject to the Declaration.
CD
ARTICLE 7. DRAINAGE SYSTEM
LLD
7.1 Each Owner shall maintain in proper working order all roof drains and area storm
drains on improvements constructed on their Lots and shall ensure that the water from those
drains flows into the storm drainage system installed to serve the Property. Each Owner shall
preserve and not alter the natural and man-made drainage courses existing on their Lot at the
time such Owner obtains an interest in said Lot. Each Owner is prohibited from redirecting,
restriction, altering, or otherwise impairing these drainage courses in any manner without the
prior written approval of the City of Renton and the Association. The Property contains a
specially designed surface water drainage system, intended to facilitate an orderly drainage of
surface waters. It is incumbent on each Owner to help preserve and maintain the Facilities.
ARTICLE 8. THE ASSOCIATION
8.1 Membership. Each Owner shall be a member of the Association. Such
membership shall be appurtenant to and held and owned in the same manner as the beneficial fee
interest in the Lot to which it relates. Membership shall not be separated from ownership of the
Lot to which it relates; provided, however, that any owner may delegate his rights of
membership in the Association to the members of his family and to his tenants who are
occupants at such Owner's Lot.
8.2 Powers. The Association's duties and powers include but are not limited to: (a)
owning,maintaining and administering the Facilities, (b) administering and enforcing the
Covenants and(c) levying, collecting and disbursing the assessments and charges hereinafter
created. The Association has the right to promulgate rules and regulations which may further
define and limit permissible uses and activities consistent with the provisions of this Declaration.
All actions of the Association requiring approval of Owners shall be by at least fifty-one percent
(51%)vote of those Members present in person or by proxy at the meeting. All Owners shall
receive written notice of any meeting of the Association at least fourteen(14) days in advance of
any meeting.
8.3 Voting Rights. During the Development Period, Declarant shall have all voting
rights. After expiration of the Development Period, every Owner shall be entitled to cast one
vote in the Association for each Lot owned. The right to vote may not be severed or separated
from any Lot, and any sale,transfer or conveyance of said property interest to a new Owner shall
operate to transfer the appurtenant vote without the requirement of any expressed reference
thereto. The presence in person or by proxy of at least sixty per cent(60%) of the Owners at any
meeting shall constitute a quorum. If a quorum is present, the affirmative vote of the majority of
the Members at the meeting and entitled to vote shall be the act of the Members, unless the vote
of a greater number of Members is required by this Declaration or by the Articles of
Incorporation or Bylaws of the Association.
8.4 Number of Votes. From the commencement of the existence of the Association,
LCD
there shall be a total of 10 outstanding votes in the Association,representing one vote for each of
CD
the 10 Lots,the maximum number presently authorized for Monterey Heights. The total number
of outstanding votes shall be automatically adjusted to equal the number of Lots given final Plat
approval. During the Development Period,the Declarant shall be entitled to case 60 votes.
8.5 Board of Directors. A President and two (2) other individuals shall comprise a Board
of Directors and shall be elected from among the Owners. The Board shall have authority to
establish operating rules and procedures. A majority of the Board may designate one or more of
its members as a representative to act for it. In the event of death or resignation of any Board
member,the remaining Board member(s) shall have full authority to appoint a successor member
or members. Members of the Board shall not be entitled to any compensation for services
performed.
8.6 Declarant Authority. During the Development Period, all of the functions and
powers of the Association shall be vested in the Declarant or Successor Declarant.
8.7 Declarant Management During the Development Period. Notwithstanding anything
to the contrary herein, during the Development Period, Declarant or Successor Declarant at its
option shall have and may exercise all of the rights and powers herein given to the Board and the
Association, including all rights to manage and operate the Facilities and all rights to create and
enforce assessments and liens under this Declaration. This requirement is made in order to
ensure that the Property will be adequately administered in the initial stages of development, and
to ensure an orderly transition of the operation to the Association. Acceptance of an interest in a
Lot is conclusive evidence of acceptance of this management and operational authority in
Declarant or Successor Declarant. During the Development Period, each Owner (with the
exception of Declarant or Successor Declarant) shall be required to pay assessments in
accordance with this Declaration, but Declarant or Successor Declarant shall be responsible to
operate, repair, and maintain the Facilities and shall provide for payment of all necessary
Common Expenses to the extent the assessments against individual Lots are insufficient to pay
those Common Expenses.
ARTICLE 9. BUDGET AND ASSESSMENTS
9.1 Association Budget. The Association's fiscal year shall be the calendar year. Within
thirty (30) days prior to the beginning of each fiscal year,the Board shall adopt an Association
budget for the following fiscal year, setting forth the amounts reasonably estimated for Common
expenses. "Common Expenses"mean(a) expenses of administration, maintenance, monitoring,
operation, security, repair or replacement of the Facilities, (b)premiums or deductibles for all
Ls-, insurance policies required or permitted by this Declaration, (c) funding of reserves for
anticipated operational shortfalls or for replacement of capital items, (d) legal fees and costs of
the Association, if any, and (e) any other expenses established from time to time as reasonably
cp
necessary by the Board. The Board may revise the budget from time to time as deemed
`c, necessary or advisable to account for and defray additional costs or expenses of the Association.
Upon adoption of a budget, the Board shall assess all Lots with general and/or special
assessments as provided in this Declaration.
{=~ 9.2 Creation of Lien and Personal Obligation. Each Owner, by acceptance of a deed for a Lot,
whether or not it shall be expressed in such deed, is deemed to covenant and agree to pay to the
Association(a) general assessments and (b) special assessments made under this Declaration.
The general and special assessments,together with interest, costs and reasonable attorneys' fees,
shall be a charge and continuing lien upon the Lot and improvements thereon, against which
such assessment is made and also shall be the personal obligation of the individual who is the
Owner of the Lot at the time the assessment came due.
9.3 General Assessment. Each owner shall pay a general assessment based upon the
Association's budget in equal quarterly installments on the first day of each quarter beginning
with January 1 of each fiscal year. A portion of the general assessment may include fees or
charges payable to third parties. During the Development Period, a portion of the general
assessment may include fees paid to the Declarant for management services provided by the
Declarant to the Association or by a professional management firm.
9.4 Special Assessments for Capital Improvements. In addition to the annual general
assessments authorized in Section 9.3, the Board may levy in any fiscal year a common
assessment, applicable to that year only, for the purpose of defraying in whole or in part the cost
of any installation, construction, reconstruction, extraordinary repair, or replacement to or of the
Facilities.
9.5 Special Assessments for Legal Fees and Damages. In addition to the general and
special assessments authorized in Sections 9.3 and 9.4,the Board may levy from time to time a
special assessment payable in a lump sum or installment basis, as the Board directs, for the
purpose of defraying in whole or in part any legal fees, costs and/or damages or awards incurred
in legal actions in which the Association is a party, or in which a member of the Board is named
s a party(including Declarant when exercising the authority of the Board during the
Development Period) as a result of a decision made or action performed while acting on behalf
of the Association. The special assessment under this Section 9.5 may be made by the Board
without a vote of the Association membership, unless at a meeting called by the Association at
least fifty-one percent(51%) of the Association members voting in person or by proxy
disapprove such special assessment; provided,however, any special assessment necessary to
fulfill the indemnification obligations of Article 11 shall not be subject to disapproval.
9.6 Amount of Assessment. The amount of the general or special assessment attributable
to each Lot shall be equal to the total amount of such assessment divided by the total number of
Lots for which final plat approval has been recorded.
9.7 Date of Commencement of Assessments;Due Dates. The general assessments
described in Section 9.3 shall commence upon the closing of each Lot sale. The first general
assessment shall be prorated according to the number of months remaining in the calendar year.
Upon approval of the budget,the Board shall fix the general and/or special assessments, and
(7, shall notify each Owner of its respective assessment amount(s) and due date(s). The liability of
an Owner for any assessments against its Lot shall commence on the first day of the calendar ,
month following the date upon which the Owner acquires title to the Lot. Upon request and for a
reasonable charge, the Board shall furnish a signed certificate setting forth whether all
` assessments on a specified Lot have been paid. A properly executed certificate as to the status of
c) assessments on a Lot is binding upon the Association as of the date of its issuance.
9.8 Effect of Non-Payment of Assessment; Remedies of the Association. Any
assessment not paid within ten(10) days after the due date shall bear interest at the rate of twelve
percent (12%)per annum until paid, but not exceeding the maximum rate permitted by law.
Each Owner hereby expressly vests in the Association, through the Board or its agent, the right
and power to bring all actions against such Owner personally for the collection of such
assessments as debts and to enforce lien rights of the Association by all methods available for the
enforcement of such liens, including foreclosure by an action brought in the name of the
Association in like manner as a mortgage of real property. Such Owner hereby expressly grants
to the Association the power of sale in connection with such liens. The liens provided for herein
shall be in favor and for the benefit of the Association. The Association shall have the power to
bid in an interest at foreclosure sale and to acquire,hold, lease, mortgage and convey the same.
The Owner is responsible for payment of all attorneys' fees and costs incurred in collecting'past
due assessments or enforcing the terms of assessment liens. No Owner may waive or otherwise
escape liability for the assessments provided herein by nonuse or the Facilities or abandonment
of its Lot.
The Association shall have the right to suspend the voting•rights of an Owner for any
period during which any assessment against the Lot remains unpaid and for a period not to
exceed 60 days for an infraction of the terms of either this Declaration, the Articles or the
Bylaws of the Association.
9.9 City May Function as Association. If the Association either fails to perform any of
its duties to preserve and maintain the Facilities or dissolves, then the City of Renton may
•
perform any of the Association's duties, including without limitation the assessment and
collection of fees.
ARTICLE 10. SUBORDINATION OF LIENS
10.1 Intent of Subordination Provisions. The provisions of this Article 10 apply for the
benefit of each Mortgagee who lends money for purposes of construction or to secure the
payment of the purchase price of a Lot.
10.2 Mortgagee's Nonliability. A mortgagee shall not, merely by reason of its security
interest,be liable for the payment of any assessment under this Declaration, nor for the
observation or performance of any covenant or restriction, except those enforceable by equitable
relief and not requiring the payment of money or except as hereinafter provided.
10.3 Mortagee's Rights During Foreclosure. During the pendency of any proceeding to
c foreclose a mortgage, including any redemption period,the Mortgagee or receiver, if any, may
exercise any and all rights and privileges of the Owner of the encumbered Lot, including without
limitation the right to vote in the Association to the exclusion of the Owner" exercise of such
rights.
r
10.4 Mortgagee as Owner. At such time as a Mortgagee, or any successor or assign
thereof, shall become the record owner of a Lot,the Mortgagee or successor assign shall be
subject to all terms and conditions of this Declaration, including the obligation to pay for all
assessments and charges in the same manner as any Owner.
10.5 Mortgagee's Title Free and Clear of Liens. A Mortgagee acquiring title to a Lot
through foreclosure or deed in lieu thereof shall acquire title to the encumbered Lot free and
clear of any lien arising from this Declaration to secure payment of any assessment which
become due but was unpaid prior to the Mortgagee's acquiring title. The Association shall treat
any such unpaid assessments against a Lot as a Common Expense and shall prorate such unpaid
assessments among the remaining Lots and each remaining Lot shall be liable for its prorated
share in the same manner as any other assessment.
•
10.6 Survival of Assessment Obligation. After foreclosure, any unpaid assessment shall
continue to exist and remain a personal obligation of the Owner against whom the same was
assessed, and the Association shall use reasonable efforts to collect the same from such Owner.
10.7 Subordination of Assessment Liens. The liens for assessments provided in this
Declaration shall be subordinate to the lien of any Mortgage placed upon a Lot by a Mortgagee
as a construction loan, security interest, or a purchase price security interest, and the Association
upon demand will execute a written subordination document to confirm the Mortgagee's priority.
The sale or transfer of any Lot shall not affect the assessment liens provided for in this
Declaration except as otherwise specifically provided herein, and in the case of a transfer of a
Lot in foreclosure to a Mortgagee, assessment liens shall arise against the Lot for any assessment
payments coming due after the date of completion of the foreclosure or deed in lieu thereof.
ARTICLE 11. INDEMNIFICATION
Each member of the Board (and Declarant while exercising authority of the Board during
the Development Period), and any agents thereof, shall be indemnified by the Association
against all expenses and liabilities (including attorneys' fees and cots)reasonably incurred by or
imposed in connection with any litigation or other proceeding by reason of such individual's
holding a position or office. This indemnification shall apply whether or not such person holds
that position at the time the expense or liability is incurred, except to the extent such expenses or
liabilities are covered by insurance and except where such person is adjudged guilty of willful
misfeasance in the performance of his/her duties. However, in the event of a settlement, the
indemnification shall apply only when the Board approves such settlement and reimbursement as
Lc, being in the best interests of the Association.
ARTICLE 12. INSURANCE, LOSSES, CONDEMNATION
12.1 Insurance Coverage. The Board may procure for the Association, and maintain, as
cp a Common Expense one or more policies of insurance as follows: (a) insurance against property
loss or damage by fire or other hazards to the Facilities, (b) general comprehensive liability
insurance for the Association, the Owners, Declarant, and any agents, guests, invitees, licensees,
or others, incident to the use and ownership of the Facilities, (c) fidelity coverage naming the
Association to protect against dishonest acts by the Board or any officers, agents, or other
persons responsible for handling Association funds, (d) worker's compensation insurance to the
extent required by applicable laws, and(e) any other insurance the Board deems advisable.
12.2 Casualty Losses. In the event of substantial damage or destruction of any of the
Facilities,the Board shall provide notice to the Owners and all applicable insurance proceeds for
the damage or destruction shall be paid to the Association for repair, replacement, or other
disbursement as determined by the Board.
12.3 Condemnation In the event any part of the Facilities is sought to be acquired by
eminent domain or other proceedings, the Association shall give prompt notice thereof to the
Owners. All compensation, damages, or other proceeds shall be paid to the Association.
ARTICLE 13. LIMITATION OF LIABILITY
So long as a member of the Board, Declarant or any managing agent has acted in good
faith, without willful or intentional misconduct, upon the basis of information and possessed by
such persons,then that person shall not be personally liable to any Owner,the Association, or to
any other person for any damage, loss, or claim on account of any act, omission, error, or
negligence of such person, except this section shall not apply to the extent such acts, omissions
or errors are covered by the Association's insurance.
ARTICLE 14. GENERAL PROVISIONS
14.1 Enforcement. The Association,the Declarant, and each Owner subject to this
Declaration shall have the right to enforce by any proceedings at law or in equity all rights,
duties, obligations, covenants and easements now or hereafter imposed by the provisions of this
Declaration,but the Declarant's right to enforce this Declaration shall terminate at such time as
Declarant shall cease to be the Owner subject to these covenants. Failure by the Association or
Declarant to enforce any right; duty, obligation or covenant herein contained shall in no event be
deemed a waiver of the right to do so thereafter. In the event of legal action to enforce these
covenants or the terms and conditions herein,the prevailing party shall be entitled to recover
court costs, reasonable attorneys' fees and any other expenses of litigation.
14.2 Successor Declarant. The Declarant reserves the right to transfer all of its rights as •
Declarant hereunder to a licensed contractor, as a Successor Declarant, in conjunction with the
Declarant's transfer to such licensed contractor of all of Declarant's interest in the Lots prior to
o completion of any residences thereon. The Successor Declarant shall have all of the rights and
duties of the Declarant hereunder.
14.3 Binding on Successors. The Covenants shall run with the Property and apply to and
} bind the successors and assigns in interest and all parties having or acquiring any right,title or
interest in the Property or any portion thereof.
14.4 Amendment. The Covenants of this Declaration shall run with the Property or any
portion thereof. This Declaration may be amended during the Development Period by the sole
signature of the Declarant. After the Development Period,this Declaration may be amended by
an instrument signed by not less than sixty-seven(67%)percent of the Owners of all Lots. Any
amendment must be recorded before it is effective. In no event shall any amendment derogate
from the conditions imposed by the City of Renton's conditions, relating to the Facilities, as part
of the final plat procedure.
14.5 Interpretation. Use of the singular herein shall include reference to the plural, and
vice versa, and use of the masculine gender shall include reference to the feminine gender. The
captions in this Declaration are inserted only as a matter of convenience and for reference, and in
no way describe, define, or limit the intent of this Declaration. The captions are not to be used in
interpreting this Declaration.
14.6 Severability. Invalidation of any one of the provisions herein by judgment or court
order shall not in any way affect any other provision which shall remain in full force and effect.
DATED this "day of k -c./.. , 2000.
DECLARANT:
GREGORY DEVELOPMENT COMPANY
By: 7, J
Gregor L. Steinhauer, President
EXHIBITS:
A—Legal Description of Property somunel,,g
••••�P•gsioN k'Fy�•�
STATE OF WASHINGTON) : 8 NOTARY ;iN : •
) ss = ` _'b_
COUNTY OF KING ) T.°-0 PUBLIC oo�'
•
FM@ER21 ti��,t0,•
On this L3day of M -�t , 2000, 6r btary Public in and for the
State of Washington, personally appeared Gregory L. . Ste!fMf er, personally known to me (or
proved to me on the basis of satisfactory evidence)to be the person who signed the instrument;
on oath stated that he was authorized to execute this instrument as the President of Gregory
Development Company, the corporation that executed the instrument; acknowledged the said
instrument to be the free and voluntary act and deed of said corporation for the uses and purposes
therein mentioned; and on oath stated that he was duly elected, qualified and acting as said
officer of the corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
Printed Name: ,40 . C Lfre t �l
NOTARY PUBLIC in and for the State
Of Washington, residing at ,rf„arri
My Appointment Expires: 011 a1 ion
EXHIBIT A
Legal Description of Property
L
PARCEL A:
LLD
The North 266.32 feet of the East 142.30 feet of Tract 267, C.D. Hillmans' Lake Washington
�-� Garden of Eden Addition to Seattle, Division No. 4, according to the Plat thereof recorded in
Volume 11 of Plats,page 82, in King County, Washington;
Except the North 20.00 feet lying West of the East 102.30 feet thereof conveyed to the City of
Renton for road purposes under King County RecordingNo. 6660996;
(Also known as Lot 2, City of Renton Lot Line Adjustment No. LUA-97-003,recorded under
King County Recording No. 9702129004,being a portion of Lots 1 and 2 of City of Renton
Short Plat No. SHPL-077-89, recorded under King County Recording No. 9007279001).
PARCEL B:
The North 266.32 feet of Tract 267, C.D. Hillman's Lake Washington Garden of Eden addition
to Seattle', Division No. 4, according to the Plat thereof recorded in Volume 11 of Plats, page 82,
in King County Washington;
Except the East 142.30 feet thereof;
Except the North 20.00 feet lying West of the East 102.30 feet thereof conveyed to the City of
Renton for road purposes under King County Recording No. 6660996;
And
The North 13.69 Feet of the West 98.96 feet of Lot 1 of City of Renton Lot Line Adjustment
No LUA-97-003, recorded under King County recording No 9702129004.
Also Known as Lot 3 of City of Renton Lot Line Adjustment No. LUA-99-046, Recorded under
King County Recording No. 9904219003, being a portion of Lots 1 and 3 City of Renton Short
Plat No. SHLP-077-89, Recorded under King County Recording No. 9007279001.
III I 11 IIII
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20000406000764
CITY OF RENTON N 16.00
PAGE 001 OF 009
• 04/06/2000 13:43
KING COUNTY, WA
Return Address:
City Clerk's Office
City of Renton
1055 S. Grady Way
Renton WA 98055
Please print or type information
Document Title(s):
Articles of Incorporation of Monterey Heights Homeowner Association
c.o
Reference Number(s)of Documents assigned or released:
CD
[on page of document(s)]
0
LCD
Grantor(s)(Last name first,then first name and initials):
1.Gregory Development Company
2. •
t=- 3.
4. ❑ Additional names on page of document
Grantee(s) (Last name first,then first name and initials):
1. N/A
2.
3.
4. ❑ Additional names on page of document
Legal Description (abbreviated: i.e. lot,block,plat or section,township,range):
Parcel A: North 266.32 ft of the East 142.30 ft of Tract 267, CD Hillmans
Lake WA Garden of Eden Addition to Seattle, Div. No. 4, according to Plat
recorded in Vol. 11 of Plats, page 82: Parcel B: North 266.32 feet of Tract
267, CD Hillmans, Lake WA Garden of Eden addition to Seattle Div. No. 4,
according to Plat in Vol. 11, page 82. Also, North 13.69 feet of the West
, 98.96 ft of Lot 1 of City of Renton LLA recorded under No. 9702129004.
•
a Additional legal is on page 8 of document .
•
Assessor's Property Tax Parcel/Account Number:
33439025220E and 334390252404
•
❑ 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.
h r
ARTICLES OF INCORPORATION
OF
MONTEREY HEIGHTS HOMEOWNER ASSOCIATION
The undersigned, in order to form a nonprofit corporation under Chapter 24.03 of the
Revised Code of Washington, hereby executes the following Articles of Incorporation:
ARTICLE I
cD
Name
The name of the corporation is Monterey Heights Homeowner Association(the
"Association").
ARTICLE II
Duration
The duration of the corporation shall be perpetual.
ARTICLE III
Registered Office and Agent
The initial registered office of the corporation is 9311 S.E. 36th St., #208, Mercer Island,
WA 98040 and the initial registered agent at such address is Gregory L. Steinhauer.
ARTICLE IV
Purposes, Limitations and Powers
Section 1. Purposes. This Association does not contemplate pecuniary gain or profit to
the Members thereof and the specific purposes for which it is formed are to provide for
preservation and maintenance of certain storm drainage facilities ("Facilities") located adjacent
to and within the right-of-way (extension of Monterey Ave.N.E.) dedicated by Plat of Monterey
Heights, a subdivision in the City of Renton, King County, Washington. Capitalized terms used
but not defined herein shall have the meanings given such terms in that certain Declaration of
Covenants, Conditions, Restrictions and easements for Monterey Heights recorded in the office
of the King County Recorder, as the same may be amended(the "Declaration").
Section 2. Limitations. The corporation shall have no capital stock, and no part of its net
earnings shall inure to the benefit of any director, officer, or Member of the corporation, or of
any private individual.
Section 3. Powers. In general, and subject to such limitations and conditions as are or
may be prescribed by law, or in the corporation's Articles of Incorporation or Bylaws, or in the
Declaration described above,the corporation shall:
(a) Exercise all of the powers and perform all of the duties and obligations of the
Association as set forth in the Declaration;
r-- (b) Fix, levy, collect and enforce all assessments and other charges pursuant to
the Declaration;pay all expenses in connection with the assessments and other business of the
LID Association;
(c) Dedicate, sell or transfer all or any part of the Facilities, as defined in the
Declaration,to any public agency, authority or utility for such purposes and subject to such
conditions as may be agreed to by the Members and such agency, authority or utility. No such
dedication or transfer shall be effective unless approved by at least fifty-one percent (51%) of the
total membership; and
(d) Have and exercise any and all powers,rights,privileges and be subject to
such limitations which a corporation organized under the nonprofit corporation law of the State
of Washington may now or hereafter have, exercise or be limited.
ARTICLE V
Membership
Section 1. Members. Each Owner of a Lot shall be a Member of the Association, as
provided in Section 8.1 of the Declaration. Persons or entities who hold an interest merely as
security for the performance of an obligation shall not be Members. Membership in the
Association is appurtenant automatically to, and shall not be separated from the ownership
(pursuant to a deed or as purchaser under a real estate or land contract) of each Lot.
Section 2. Termination of Membership. An Owner's membership in the corporation
shall terminate upon the sale, transfer or conveyance of an Owner's Lot or interest in a Lot.
Such termination of membership shall be automatic and shall be effective without notice to the
Member. '
ARTICLE VI
Voting Rights
During the Development Period, Declarant or Successor Declarant, shall exercise all
voting rights. After expiration of the Development Period, each Owner shall have one (1) vote
for each Lot owned, whether improved or not, but only those Owners of record title, including
contract purchasers, shall be entitled to vote. The right to vote may not be severed or separated
from any Lot. Corporations,partnerships, or associations shall be entitled to one designated
representative who shall cast their votes and act for them in all Association matters. Where the
required quorum is present, all by majority vote of those Members present in person or by proxy
and entitled to vote, unless a greater number of votes is otherwise required in these Articles,the
Bylaws or the Declaration.
Q ARTICLE VII
Limitation of Directors' Liability
A director shall have no liability to the corporation or its members for monetary damages
for conduct as a director, except for acts or omissions that involve intentional misconduct by the
director, or a knowing violation of law by the director, or for any transaction from which the
director will personally receive a benefit in money,property or services to which the director is
not legally entitled. If the Washington Nonprofit Corporation Act is hereafter amended to
authorize corporate action further eliminating or limiting the personal liability of directors, then
the liability of a director shall be eliminated or limited to the full extent permitted by the
Washington Nonprofit Corporation act, as so amended. Any repeal or modification of this
Article shall not adversely affect any right or protection of a director of the corporation existing
at the time of such repeal or modification for or with respect to an act or omission of such
director occurring prior to such repeal or modification.
ARTICLE VIII
Indemnification of Directors and Officers
Section 1. Right to Indemnification. Each person who was, or is threatened to be made a
party to or is otherwise involved(including,without limitation, as a witness) in any actual or
threatened action, suit or proceeding,whether civil, criminal, administrative or investigative, by
reason of the fact that he or she is or was a director or officer of the corporation or, while a
director or officer,he or she is or was serving at the request of the corporation as a director,
trustee, officer, employee or agent of another corporation or of a partnership,joint venture,trust
or other enterprise, including service with respect to employee benefit plans, whether the basis of
such proceeding is alleged action in an official capacity as a director, trustee, officer, employee
or agent or in any other capacity while serving as a director,trustee, officer, employee or agent,
shall be indemnified and held harmless by the corporation,to the full extent permitted by
applicable law as then in effect, against all expense, liability and loss (including attorney's fees,
judgments, fines, ERISA excise taxes or penalties and amounts to be paid in settlement) actually
and reasonably incurred or suffered by such person in connection therewith, and such
indemnification shall continue as to a person who has ceased to be a director,trustee, officer,
employee or agent and shall inure to the benefit of his or her heirs, executors and administrators;
provided,however,that except as provided in Section 2 of this Article with respect to
proceedings seeking solely to enforce rights to indemnification, the corporation shall indemnify
any such person seeking indemnification in connection with a proceeding (or part thereof)
initiated by such person only if such proceeding(or part thereof) was authorized by the board of
- directors of the corporation. The right to indemnification conferred in this Section 1 shall be a
contract right and shall include the right to be paid by the corporation the expenses incurred in
defending any such proceeding in advance of its final disposition; provided,however, that the
payment of such expenses in advance of the final disposition of a proceeding shall be made only
upon delivery to the corporation of an undertaking,by or on behalf of such director or officer, to
repay all amounts so advanced if it shall ultimately be determined that such director or officer is
not entitled to be indemnified under this Section 1 or otherwise.
CD Section 2. Right of Claimant to Bring Suit. If a claim for which indemnification is
required under Section 1 of this Article is not paid in full by the corporation within sixty(60)
days after a written claim has been received by the corporation, except in the case of a claim for
expenses incurred in defending a proceeding in advance of its final disposition, in which case the
applicable period shall by twenty (20) days,the claimant may at any time thereafter bring suit
against the corporation to recover the unpaid amount of the claim and,to the extent successful in
whole or in part,the claimant shall be entitled to be paid also the expense of prosecuting such
claim. The claimant shall be presumed to be entitled to indemnification under this Article upon
submission of a written claim (and, in an action brought to enforce a claim for expenses incurred
in defending any proceeding in advance of its final disposition, where the required undertaking
has been tendered to the corporation), and thereafter the corporation shall have the burden of
proof to overcome the presumption that the claimant is not so entitled. Neither the failure of the
corporation(including its board of directors, independent legal counsel or its members, if any)to
have made a determination prior to the commencement of such action that indemnification of or
reimbursement or advancement of expenses to the claimant is proper in the circumstances nor an
actual determination by the corporation(including its board of directors, independent legal
counsel or its members, if any) that the claimant is not entitled to indemnification or to the
reimbursement or advancement of expenses shall be a defense to the action or create a
presumption that the claimant is not so entitled.
Section 3. Nonexclusivity of Rights. The right to indemnification and the payment of
expenses incurred in defending a proceeding in advance of its final disposition conferred in this
Article shall not be exclusive of any other right which any person may have or hereafter acquire
under any statute, provision of the Articles of Incorporation, Bylaws, agreement, vote of
members, if any, or disinterested directors or otherwise.
Section 4. Insurance, Contracts and Funding. The corporation may maintain insurance at
its expense, to protect itself and any director,trustee, officer, employee or agent of the
corporation or another corporation,partnership,joint venture,trust or other enterprise against
any expense, liability or loss,whether or not the corporation would have the power to indemnify
such person against such expense, liability or loss under the Washington Business Corporation
Act, as applied to nonprofit corporations. The corporation may,without further membership
action, enter into contracts with any director or officer of the corporation in furtherance of the
provisions of this Article and may create a trust fund, grant a security interest or use other means
(including, without limitation, a letter of credit) to ensure the payment of such amounts as may
be necessary to effect indemnification as provided in this Article.
Section 5. Indemnification of Employees and Agents of the Corporation. The
corporation may,by action of its board of directors from time to time,provide indemnification
and pay expenses in advance of the final disposition of a proceeding to employees and agents of
the corporation with the same scope and effect as the provisions of this Article with respect to
the indemnification and advancement of expenses of directors and officers of the corporation or
pursuant to rights granted pursuant to, or provided by,the Washington Business Corporation Act,
as applied to nonprofit corporations, or otherwise.
ARTICLE IX
CD
CD
`D Directors
C7
CD
Section 1. Board of Directors. The management of the corporation will be vested in a
board of no less than three (3) directors, except that during the Development Period,
management may be vested in a board of one or more directors. The number, qualifications,
c terms of office, mariner of election,time and place of meeting, and powers and duties of
directors shall be prescribed by the Bylaws of the corporation.
Section 2. Names and Addresses of Directors. The name and address of the director who
will manage the affairs of the corporation during the Development Period and until the first
annual meeting of the membership as provided in the Bylaws or until his successor(s) is/are
elected and qualified, is:
Name Address
Gregory L. Steinhauer 9311 SE 36th St., #208
Mercer Island, WA 98040
ARTICLE X
Dissolution
The Association may be dissolved with the assent given in writing and signed by not less
than sixty-seven percent (67%) of the total membership votes entitled to be cast and the written
assent of the City of Renton. Upon dissolution of the Association, other than incident to a
merger or consolidation, the assets of the Association shall be dedicated to an appropriate public
agency to be used for purposes similar to those for which this Association was created. In the
event that such dedication is refused acceptance, such assets shall be granted, conveyed and
assigned to any nonprofit corporation, association,trust or other organization to be devoted to
such similar purposes. No director, officer, Member of the corporation, or any private individual
shall be entitled to share in the distribution of any of the corporate assets upon dissolution of the
corporation, or upon the winding up of its affairs.
ARTICLE XI
Amendment of Articles and Bylaws
•
The authority to make, amend or repeal these Articles or the Bylaws is vested in the
Members, and may be exercised at any regular,or special meeting of the Members upon the
' affirmative vote of at least sixty-seven percent(67%) of the total Membership vote entitled to be
cast.
ARTICLE XII
Conflict
In the case of any conflict between the various documents governing the Association, the
documents shall control in the following order of priority: (1) Articles of Incorporation; (2)
-- Declaration and (3) Bylaws.
IN WITNESS WHEREOF, I have hereunto set my hand this 7 3 day of
1.1Ra.c,h , 2000.
re y Steinhauer
931 SE 36th St., #208
Me cer Island, WA 98040
CONSENT TO SERVE AS REGISTERED AGENT
J
Gregory L. Steinhauer hereby consents to serve as Registered Agent, in the State of
Washington for the following corporation, Monterey Heights Homeowner Association. He
understands that as agent for said corporation he will be responsible to receive service of process
in the name of said corporation; to forward all mail to said corporation; and to immediately
notify the office of the Secretary of State in the event of his resignation, or of any changes in the
registered office address of Monterey Heights Homeowner Association.
DATED this 2�� --day of q,t, , 2000.
2 � _
ory L. Steinhauer
SE 36th St., #208
Mercer Island, WA 98040
EXHIBIT A
Legal Description of Property
co
' PARCEL A:
The North 266.32 feet of the East 142.30 feet of Tract 267, C.D. Hillmans' Lake Washington
Garden of Eden Addition to Seattle, Division No. 4, according to the Plat thereof recorded in
Volume 11 of Plats,page 82, in King County, Washington;
Except the North 20.00 feet lying West of the East 102.30 feet thereof conveyed to the City of
C.
Renton for road purposes under King County RecordingNo. 6660996;
(Also known as Lot 2, City of Renton Lot Line Adjustment No. LUA-97-003, recorded under
King County Recording No. 9702129004, being a portion of Lots 1 and 2 of City of Renton
Short Plat No. SHPL-077-89, recorded under King County Recording No. 9007279001).
PARCEL B:
The North 266.32 feet of Tract 267, C.D. Hillman's Lake Washington Garden of Eden addition
to Seattle, Division No. 4, according to the Plat thereof recorded in Volume 11 of Plats,page 82,
in King County Washington;
Except the East 142.30 feet thereof;
Except the North 20.00 feet lying West of the East 102.30 feet thereof conveyed to the City of
Renton for road purposes under King County Recording No. 6660996;
And
The North 13.69 Feet of the West 98.96 feet of Lot 1 of City of Renton Lot Line Adjustment
No LUA-97-003, recorded under King County recording No 9702129004.
Also Known as Lot 3 of City of Renton Lot Line Adjustment No. LUA-99-046, Recorded under
King County Recording No. 9904219003, being a portion of Lots 1 and 3 City of Renton Short
Plat No. SHLP-077-89, Recorded under King County Recording No. 9007279001.
March 20,2000 Renton City Council Minutes Page 98
Community Services Community Services Committee Chair Nelson presented a report
Committee recommending concurrence in the Centennial Mission Statement,Goals and
Executive: Centennial Operating Guidelines and official City of Renton Centennial Logo, as
Celebration (Statement, submitted by the Mayor's Centennial Advisory Committee. MOVED BY
Guidelines and Logo) NELSON, SECONDED BY PARKER,COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED.
ORDINANCES AND The following resolutions were presented for reading and adoption:
RESOLUTIONS
Resolution#3445 A resolution was read authorizing the Mayor and City Clerk to enter into
Transportation: WSDOT Grant interlocal cooperative agreements with the Washington State Department of
Funding for Various Projects Transportation for grant funding for the construction of the TIP#7 Downtown
Transit Access,TIP#28 Arterial Rehabilitation Program, TIP#4 I-405/NE 44th
Street Interchange, and TIP#10 SR-167/SW 27th Street/Strander Boulevard
projects. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL
ADOPT THE RESOLUTION AS READ. CARRIED.
Resolution#3446 1 A resolution was read approving the Monterey Heights final plat; 1.5 acres
Plat: Monterey Heights,NE located in the vicinity of NE 14th St. and Monterey Ave.NE(FP-00-023).
14th St/Monterey Ave NE (FP- j MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL ADOPT
00-023) THE RESOLUTION AS READ. CARRIED.
Resolution #3447 A resolution was read approving the Talbot Ridge final plat; 4.5 acres located
Plat: Talbot Ridge, S 47th in the vicinity of S. 47th St. and Smithers Ave. S. (FP-99-165). MOVED BY
St/Smithers Ave S (FP-99- CLAWSON, SECONDED BY SCHLITZER, COUNCIL ADOPT THE
165) RESOLUTION AS READ. CARRIED.
The following ordinance was presented for first reading and referred to the
Council meeting of 3/27/00 for second and final reading:
Planning: Critical Areas An ordinance was read amending Title 4(Development Regulations) of City
Ordinance Code relating to the Critical Areas Ordinance. MOVED BY KEOLKER-
WHEELER, SECONDED BY CORMAN,COUNCIL REFER THE
ORDINANCE FOR SECOND AND FINAL READING ON 3/27/00.
• CARRIED.
NEW BUSINESS Councilmember Keolker-Wheeler announced that the City will hold a series of
Parks: Renton Skate Park workshops next week related to the design of the Renton Skate Park. The
meetings will be at the North Highlands Neighborhood Center, 3000 NE 16th
St., on Monday,Tuesday and Wednesday at 6:30 to 8:30 p.m. The public is
encouraged to attend.
ADJOURNMENT MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL ADJOURN.
CARRIED. Time: 8:17 p.m.
MARIL ERSEN, CMC,City Clerk
Recorder: Brenda Fritsvold
March 20,2000
RENTON CITY COUNCIL
Regular Meeting
March 20, 2000 Council Chambers
Monday, 7:30 p.m. MINUTES Renton City Hall
CALL TO ORDER Mayor Jesse Tanner led the Pledge of Allegiance to the flag and called the
meeting of the Renton City Council to order.
ROLL CALL OF RANDY CORMAN, Council President; TONI NELSON; DAN CLAWSON;
COUNCILMEMBERS KATHY KEOLKER-WHEELER;DON PERSSON;KING PARKER;
TIMOTHY SCHLITZER.
CITY STAFF IN JESSE TANNER,Mayor; DEREK TODD,Finance Analyst; DAVID DEAN,
ATTENDANCE Assistant City Attorney; MARILYN PETERSEN, City Clerk; GREGG
ZIMMERMAN,Planning/Building/Public Works Administrator; JIM
SHEPHERD,Community Services Administrator; REBECCA LIND,Principal
Planner; SUSAN CARLSON,Economic Development Administrator; BETTY
NOKES,Economic Development Director; COMMANDER KEVIN
MILOSEVICH,Police Department.
APPROVAL OF MOVED BY CORMAN, SECONDED BY SCHLITZER, COUNCIL
COUNCIL MINUTES APPROVE THE MINUTES OF MARCH 13,2000 AS PRESENTED.
CARRIED.
SPECIAL PRESENTATION Susan Carlson, Economic Development/Neighborhoods/Strategic Planning
EDNSP: Downtown Administrator, announced that Renton was presented with a VISION 2020
Redevelopment VISION 2020 award last week from the Puget Sound Regional Council (PSRC) for its
Award from PSRC innovative and successful downtown efforts. Noting that the award recognizes
years of hard work and public and private investments totaling over$16
million, Ms. Carlson explained that PSRC's VISION 2020 awards spotlight
outstanding efforts that help the Puget Sound region achieve its growth
management and transportation strategies. Renton's downtown revitalization
project was selected from 26 high-quality entries, all of which seek to promote
strong communities, efficient transportation, and a healthy environment and
economy.
Council President Corman commented that he, Councilmember Keolker-
Wheeler and various Renton staff members were in attendance when this award
was presented. He stated that the City was very proud and privileged to receive
this kind of recognition.
ADMINISTRATIVE Finance Analyst Derek Todd reviewed a written administrative report
REPORT summarizing the City's recent progress towards goals and work programs
adopted as part of its business plan for 2000 and beyond. Items noted included:
• * Attractive metal garbage containers have been permanently installed in
both downtown Renton and the Highlands area commercial district.
,< The Puget Sound Regional Council's Executive Board approved a list of
projects for federal TEA-21 funding last week, including$1.1 million for
Renton's downtown transit center. This funding will fill the gap created
when a King County Metro grant was lost due to I-695.
AUDIENCE COMMENT ? George Nelson,2008 NE 12th St.,Renton, 98055, expressed surprise that the
Citizen Comment: Nelson— Monterey Heights final plat was before Council for action tonight as he was not
Moneterey Heights Plat, aware that a final plat could be approved at this time. Mr.Nelson explained
Easement and Restoration of that he granted a 20-foot easement across his property for the installation of
Site utilities for this development on the condition that the landscaping be restored
March 20,2000 Renton City Council Minutes Page 95
to its original condition,which has not yet been accomplished. (See later this
page for further discussion of this subject.)
Citizen Comment:Peshak— Dennis Peschek, 13451 SE 1415`St.,Renton, 98059, said in August of 1998 he
RiverRock Restaurant Outdoor spoke to Council about noise emanating from Maplewood Golf Course which
Music disturbed residents of his neighborhood. Since that time,the loudspeakers on
the course have not been utilized too early in the mornings, and RiverRock
Restaurant ceased playing live music outside. Mr.Peschek said he was
recently approached by staff of the restaurant who conducted noise tests at his
home to determine whether unamplified music could be played outside without
disturbing nearby residents. Speaking for himself,Mr. Peschek concurred that
the decibel level of the acoustic music which was demonstrated to him in these
tests would not present a problem. However,he reserved the right to bring the
issue up again if noise levels increase.
CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the
listing.
Planning: Allowing Eating & Economic Development,Neighborhoods and Strategic Planning Dept tment
Drinking Establishments at submitted proposed amendments to the Resource Conservation(RC) and
Regional Parks&Golf Residential—One Dwelling Unit Per Acre(R-1) zones to allow eating and
Courses drinking establishments in regional parks and golf courses. Refer to Planning
&Development Committee.
EDNSP: Toxicity Testing at Economic Development,Neighborhoods and Strategic Planning Department
Port Quendall, Exponent requested approval of a contract in the amount of$144,999 with Exponent to
conduct toxicity testing on the Port Quendall property; the City will be
reimbursed through the Environmental Protection Agency's $200,000
Brownfield Grant. Council concur.
Plat: Talbot Ridge, S 47th Development Services Division recommended approval of the Talbot Ridge
St/Smithers Ave S (FP-99- final plat; 18 single family lots on a 2.7 acre portion of 4.5 acres in the vicinity
165) of S. 47th St. and Smithers Ave. S. (FP-99-165). Council concur. (See page 98
for resolution.)
Transportation: WSDOT Grant Transportation Systems Division recommended approval of an agreement with
Funding for Various Projects WSDOT to receive grant funding for the Downtown Transit Access,Arterial
Rehabilitation Program, I-405/NE 44th St.Interchange and SR-167/SW 27th
St./Strander Blvd.projects. Council concur. (See page 98 for resolution.)
MOVED BY CORMAN, SECONDED BY KEOLKER-WHEELER,
• COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO
REMOVE ITEM 6.c.FOR SEPARATE CONSIDERATION. CARRIED.
Separate Consideration Development Services Division recommended approval of the Monterey
Item 6.c. Heights final plat; 10 single family lots on 1.5 acres in the vicinity of NE 14th
Plat: Monterey Heights,NE St. and Monterey Ave.NE(FP-00-023).
14"' St/Monterey Ave NE(FP- Responding to Council inquiry,Planning/Building/Public Works Administrator
00-023) , Gregg Zimmerman concurred that the landscape restoration described early by
Mr.Nelson must be completed before this plat can be recorded. He added that
the developer must also resubmit this easement on the City's standard easement
form, since the form originally submitted did not conform to the City's
requirements. Mr. Zimmerman suggested that Council approve the final plat
with these two additional conditions.
MOVED BY CORMAN, SECONDED BY PARKER, COUNCIL APPROVE
THE MONTEREY FINAL PLAT WITH THE CONDITIONS THAT 1)THE
EASEMENT GRANTED BY GEORGE NELSON FOR UTILITY
March 20, 2000 Renton City Council Minutes Page 96
INSTALLATION BE RESUBMITTED ON THE CITY'S STANDARD
FORM, AND 2)THAT LANDSCAPING RESTORATION OF THE
i EASEMENT AREA BE COMPLETED TO THE MUTUAL SATISFACTION
OF BOTH PARTIES. CARRIED. (See page 98 for resolution.)
OLD BUSINESS Planning&Development Committee Chair Keolker-Wheeler presented a report
Planning & Development regarding the tracking of restrictive covenants. The Committee requested a
Committee briefing from the Development Services Division regarding the tracking of
Development Services: restrictive covenants required as a result of the land use permit process. Staff
Tracking of Restrictive reported that until recently,restrictive covenants were difficult to track. The
Covenants covenants are recorded against the property title, and building permits do not
require that an applicant submit a current copy of a title report. At the end of
1999, staff completed a project cataloging and mapping all of the restrictive
covenants required by the City. Staff is now able to check a map to identify
affected properties. A corresponding database provides the recording number
of the restrictive covenant,a legal description of the affected property, and a
summary of the requirement of the covenants. The Planning&Development
Committee recommended referring this matter to the Committee of the Whole
for a briefing. MOVED BY KEOLKER-WHEELER, SECONDED BY
SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT.
CARRIED.
Planning: Critical Areas Planning&Development Committee Chair Keolker-Wheeler presented a report
Ordinance regarding the Sensitive Areas Ordinance. The Planning Commission reviewed
the Sensitive Areas Ordinance on October 20,November 3 and 10, and
December 8, 1999,January 5 and 19, and February 1, 2000.
The Planning&Development Committee reviewed the Sensitive Areas
Ordinance on November 18 and December 16, 1999, January 5 and 19,
February 3 and 15, and March 2 and 16,2000. The Committee also reviewed
the January 26,2000 best available science report on the development of the
proposed Sensitive Areas Ordinance.
The Committee recommended approval of the October 25, 1999 Public Draft
#1 of the Sensitive Areas Ordinance, as amended per the:
November 24, 1999 Planning Commission Addendum#1;
January 19, 2000 Planning Commission Addendum#3;
January 19, 2000 Planning Commission Supplemental Addendum as revised by
the Planning Commission at its January 19,2000 meeting;
February 1, 2000 Planning Commission Addendum#2;
February 3, 2000 Planning and Development Committee Addendum#1, with
staff recommendations;
February 3, 2000 Planning and Development Committee Addendum#2;
February 3, 2000 Planning and Development Committee Addendum#3;
March 2,2000 Planning and Development Committee Council Draft Addenda
#1 and#2; and
March 17, 2000 letter to the Department of Economic Development,
Neighborhoods and Strategic Planning from David L. Halinen.
Per Committee action,the Sensitive Areas Ordinance has been renamed the
Critical Areas Ordinance. MOVED BY KEOLKER-WHEELER, SECONDED
BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT.
CARRIED. (See page 98 for ordinance.)
EDNSP: Automall Overlay Planning&Development Committee Chair Keolker-Wheeler presented a report
District Amendments (Areas recommending that the Council set a public hearing for April 10, 2000 to
"A" and`B") consider amendments to Area"A"and Area `B" of the Automall Overlay
F--P- oo- 02.3
WHEN RECORDED RETURN TO:
Office of the City Clerk
Renton City Hall
1055 South Grady Way 20000204001369
Renton,WA 98055 PAGE 001 OF 002
02/04/2000 15:27
KING COUNTY, WA
CITY OF RENTON BS 9.00
BILL OF SALE Property Tax Parcel Number.33q3 90).5a01 a.2 4 a`/
Project File#: Street fy,Sf Address:,
�r� J+eiyh l� Plat
a��5 moArer�n�E 41u (� Y
Reference Number(s)of Documents assigned or released:Additional reference numbers are on page
Grantor(s): Grantor(s):
1. G Vey 4 .q?to C itr„T Ca M?A^1 1. City of Renton,a Municipal Corporation
2• is sells and delivers to
The Grantor,as named above,for,and in consideration of mutual benefits,hereby grants,bargains,
the Grantee,as named above,the following described personal property:
_ WATER SYSTEM: Length
Cr) (a to S-- L.F.of 8 " -.P. X- Water Main
L.F.of Water Main
c=' L.F.of " Water Main
o each of " Gate Valves
each of " Gate Valves
r l each of Fire Hydrant Assemblies
cs
Type
SANITARY SEWER SYSTEM: Length Size ? L Sewer Main
CD (p 3 o L.F.of "fi
o 0 L.F.of Sewer Main
L.F.ofPI Sewer Main
'3 each of $ `f " Diameter Manholes
each of " Diameter Manholes
each of " Diameter Manholes
STORM DRAINAGE SYSTEM: Length S
43 5' L.F.of I-L " C-P t?P Storm Line
I i 0 L.F.of (o r' " 7 f L Storm Line
L.F.ofDP Storm Line
each of " Storm Inlet/Outlet
.5--- each of 17 f kr " Storm Catch Basin
each of Manhole
STREET IMPROVEMENTS: (Including Curb,Gutter,Sidewallc,Asphalt Pavement)
Curb,Gutter,Sidewalk 5 0 0 L.F.
Asphalt Pavement: 13(o(o SY or L.F.of Width
STREET LIGFITIN
#of Poles
By this conveyance,Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person
or persons,whomsoever,lawfully claiming'or to claim the same. This conveyance shall bind the heirs,executors,
administrators and assigns forever. ,,,2.000 -OD,O&/CCI e.
H:IFLLE.SYShFRM184HND(KMB
IILSALE.DOCWAB Page 1
1
Form 84 0001/bh
IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below.
INDIVIDUAL FORM OF ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON )ss
•
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
signed this instrument and
acknowledged it to be his/her/their free and voluntary act for the uses and purposes
mentioned in the instrument •
Notary Public in and for the State of Washington
Notary(Print)
My appointment expires: -- -
Dated:
REPRESENTATIVE FORM OF ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON )ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
rn
LLD signed this instrument,on oath
stated that he/she/they was/were authorized to execute the instrument and
oacknowledged it as the and
of to be the free and voluntary act of such
party/parties for the uses and purposes mentioned in the instrument.
0
-
Notary Public in and for the State of Washington
Notary(Print)
o My appointment expires:
Dated:
CORPORATE FORM OF ACKNOWLEDGMENT
Notary Seal must be within box STATE OF WASHINGTON )ss
COUNTY OF KING ) a0 0 0
On this 214k day of,j0/11.1.l at..J. , l.I ,before me personally appeared
•
Clary ry Lec Slti vtlna ke r to me known to •
be PALItLWYviC of the corporation that
executed the within instrument,and acknowledge the said instrument to be the free
and voluntary act and deed of said corporation,for the uses and purposes therein
mentioned,and each on oath stated that he/she was authorized to execute said
instrument and that the seal affixed is the corporate seal of said corporation.
•
Notary Public in and for the State of Washington
Notary (Print) M i'hel Me- m a vl n
My appointment expires: 1/i i/9-00/
Dated: l/ � '�•0 6'a
/ / Page 2
vf - oo -O23 , Fe
ISSUED BY
TRANSNATION TITLE INSURANCE COMPANY GUARANTEE
Transnation
GUARANTEE NUMBER
Mlb - 0 ® b114
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE LIMITS OF LIABILITY AND THE CONDITIONS
AND STIPULATIONS OF THIS GUARANTEE,
F
9 ,o
TRANSNATION TITLE INSURANCE COMPANY 0�% %c> i-
o
a corporation,herein called the Company Q
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule
A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
IN WITNESS WHEREOF,TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal
to be hereunto affixed by its duly authorized officers,the Guarantee to become valid when countersigned on Schedule A by an
authorized officer or agent of the Company.
TRANSNATION TITLE INSURANCE COMPANY
4!\\lE INSO� y
n n / r, / QO��MCORPORA ffpy�(o,,I
Attest: y�V�i �j7== a0 By: /
(/ C/3 � SEPT 16 1991 20
(� Secretary ,�� * i President,�
Or
CLTA Guarantee Face Page (Rev 12-15-95)
Form 1025-10 nolr_IkiAi
TRANSNATION TITLE INSURANCE COM ANY
14450 N.E. 29TH PLACE
BELLEVUE, WA 98007
WHITE STAR DEVELOPMENT COUNTERSIGNED:
1326 FIFTH AVE. #703
SEATTLE, WA 98101
Attn: ROSS CASE 3/2
42 46-8580 1-800-441-7701
RANDY L.RIEMAN, ROBERT L. IVERSON,
MARGARET ORMBREK or SUNDEE M.BLACK
(FAX # (425) 646-0545)
SECOND
SUBDIVISION GUARANTEE
SCHEDULE A
Order No. 2259059 Liability: $90, 000 . 00
Premium:
Customer No. Talbot Ridge Tax:
Total :
18 LOT PLAT
1 . Name of Assured: Triad Associates and Talbot Development Partners
2 . Date of Guarantee: March 2nd, 2000
THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE:
That according to those public records which, under the recording laws,
impart constructive notice of matters affecting title to the following
described land:
See "LEGAL DESCRIPTION: "
The estate or interest in the land which is covered by this guarantee is:
Fee Simple
Title to the estate or interest in the land is vested in:
TALBOT DEVELOPMENT PARTNERS L.L.C. , A WASHINGTON LIMITED LIABILITY
COMPANY
subject to the Exceptions shown below, which are not necessarily shown in
order of their priority.
EXCEPTIONS :
1 . Taxes or assessments which are not shown as existing liens by the
records of any taxing authority that levies taxes or assessments on
land or by the public records .
i
11/
EXCEPTIONS (continued) Order No. 2259059
•
2 . (a) Unpatented mining claims; (b) reservations or exceptions in
Patents or in Acts authorizing the issuance thereof; (c) Indian treaty
or aboriginal rights, including, but not limited to, easements or
equitable servitudes; or, (d) water rights, claims or title to water,
whether or not the matters excepted under (a) , (b) , (c) , or (d) are
shown by the public records .
3 . Title to any property beyond the lines of the land expressly described
herein, or title to streets, roads, avenues, lanes, ways or waterways
on which said land abuts, or the right to maintain vaults, tunnels,
ramps or any other structure or improvement; or any rights or
easements therein unless such property rights or easements are
expressly and specifically set forth in the land described herein.
4 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with
interest, penalty and statutory foreclosure costs, if any, after
delinquency:
(1st half delinquent, May 1; 2nd half delinquent, November 1)
Tax Account No. Year Billed Paid Balance
312305-9063-06 2000 $2, 253 . 60 $0 . 00 $2, 253 . 60
Total amount due, not including interest
and penalty: $2, 253 . 60
Levy Code: 2127
Assessed Value Land: $173, 000 . 00
Assessed Value Improvements : $---
5 . NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN
CONNECTION WITH DEVELOPMENT OR RE-DEVELOPMENT OF THE LAND AS DISCLOSED
BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF
THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY.
CITY/COUNTY/AGENCY: City of Renton
RECORDED: March 26, 1984
RECORDING NO. : 8403260504
6 . Any question of liability for assessments or charges, either now or in
the future, by Soos Creek Water and Sewer District as disclosed by
petition for annexation under City of Renton Ordinance No. 13423 .
7 . ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS, OR OTHER SERVITUDES, if any, disclosed by Boundary Line
Adjustment No. LUA-96-004-LLA, recorded under Recording No.
9609179003 .
RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED
DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN
SCHEDULE A.
Page 2
111
EXCEPTIONS (continued) Order No. 2259059
RLR/rr
ENCLOSURES :
Sketch
Vesting deed
All recorded encumbrances
Copies have been sent to the following:
TRIAD ASSOCIATES
11814 115TH AVE NE
KIRKLAND, WA 98034
Attn: JOHN LAURITZEN 1/1
TRIAD ASSOCIATES
11814 115TH AVE NE
KIRKLAND, WA 98034
Attn: 1/1 Bob Wallis
Page 3
Order No. 2259059
LEGAL DESCRIPTION:
PARCEL C OF CITY OF RENTON BOUNDARY LINE ADJUSTMENT NO.
LUA-96-004-LLA, ACCORDING TO THE BOUNDARY LINE ADJUSTMENT
RECORDED UNDER KING COUNTY RECORDING NO. 9609179003, BEING A
PORTION OF THE EAST 1/2 OF SECTION 31, TOWNSHIP 23 NORTH, RANGE
5 EAST W.M. ;
SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF
WASHINGTON.
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This sketch is provided, without charge, for your information. It is not intended to show all
matters related to the property including, but not limited to, area, dimensions, easements, en-
croachments, or location of boundaries. It is not a part of, nor does it modify, the commitment or
policy to which it is attached. The Company assumes NO LIABILITY for any matter related to this
sketch. References should be made to an accurate survey for further information.
' SCHEDULE OF EXCLUSIONS FROM COVERA IF THIS GUARANTEE obtaining witnesses,pre,. :ig or defending the action or lawful act which in the opinion
of the Company may be necessary or desirable to establish the title to the estate or interest as
1. Except to the extent that specific assurances are provided in Schedule A of this stated herein,or to establish the lien rights of the Assured. If the Company is prejudiced by
Guarantee,the Company assumes no liability for loss or damage by reason of the the failure of the Assured to furnish the required cooperation,the Company's obligations to
following: the Assured under the Guarantee shall terminate.
(a) Defects,liens,encumbrances,adverse claims or other matters against the
title,whether or not shown by the public records. 5. Proof of Loss or Damage.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or In addition to and after the notices required under Section 2 of these Conditions
assessments on real property;or,(2) Proceedings by a public agency which may result in and Stipulations have been provided to the Company,a proof of loss or damage signed and
taxes or assessments,or notices of such proceedings,whether or not the matters excluded swom to by the Assured shall be furnished to the Company within ninety(90)days after the
under(1)or(2)are shown by the records of the taxing authority or by the public records. Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or
(c) (1) Unpatented mining claims;(2)reservations or exceptions in patents or dasfiage shall describe the matters covered by this Guarantee which constitute the basis of loss
in Acts authorizing the issuance thereof;(3)water rights,claims or title to water,whether or or damage and shall state,to the extent possible,the basis of calculating the amount of the
not the matters excluded under(1),(2)or(3)are shown by the public records. loss or damage. If the Company is prejudiced by the failure of the Assured to provide the
required proof of loss or damage,the Company's obligation to such assured under the
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee shall terminate. In addition,the Assured may reasonably be required to submit to
Guarantee,the Company assumes no liability for loss or damage by reason of the examination under oath by any authorized representative of the Company and shall produce
following: for examination,inspection and copying,at such reasonable times and places as may be
(a) Defects,liens,encumbrances,adverse claims or other matters affecting the designated by any authorized representative of the Company,all records,books,ledgers,
title to any property beyond the lines of the land expressly described in the description set checks,correspondence and memoranda,whether bearing a date before or after Date of
forth in Schedule(A),(C)or in Part 2 of this Guarantee,or title to streets,roads,avenues, Guarantee,which reasonably pertain to the loss or damage. Further,if requested by any
lanes,ways or waterways to which such land abuts,or the right to maintain therein vaults, authorized representative of the Company,the Assured shall grant its permission,in writing,
tunnels,ramps or any structure or improvements;or any rights or easements therein,unless for any authorized representative of the Company to examine,inspect and copy all records,
such property,rights or easements are expressly and specifically set forth in said description, books,ledgers,checks,correspondence and memoranda in the custody or control of a third
(b) Defects,liens,encumbrances,adverse claims or other matters,whether or party, which reasonably pertain to the loss or damage. All information designated as
not shown by the public records; (1)which are created,suffered,assumed or agreed to by confidential by the Assured provided to the Company pursuant to this Section shall not be
one or more of the Assureds;(2)which result in no loss to the Assured;or(3)which do not disclosed to others unless,in the reasonable judgment of the Company,it is necessary in the
result in the invalidity or potential invalidity of any judicial or non judicial proceeding which administration of the claim. Failure of the Assured to submit for examination under oath,
is within the scope and purpose of the assurances provided. produce other reasonably requested information or grant permission to secure reasonably
(c)The identity of any party shown or referred to in Schedule A. necessary information from third parties as required in the above paragraph,unless prohibited
(d) The validity,legal effect or priority of any matter shown or referred to in by law or governmental regulation,shall terminate any liability of the Company under this
this Guarantee. Guarantee to the Assured for that claim.
GUARANTEE CONDITIONS AND STIPULATIONS 6. Options to Pay or Otherwise Settle Claims: Termination of Liability.
1. Definition of Terms. In case of a claim under this Guarantee,the Company shall have the following additional
The following terms when used in the Guarantee mean: options:
(a)the"Assured": the party or parties named as the Assured in this Guarantee, (a)To Pay or Tender Payment of the Amount of Liability or to Purchase the
or on a supplemental writing executed by the Company. Indebtedness.
(b)"land": the land described or referred to in Schedule(A)(C)or in Part 2,and The Company shall have the option to pay or settle or compromise for or in the name of the
improvements affixed thereto which by law constitute real property. The term"land"does Assured any claim which could result in loss to the Assured within the coverage of this
not include any property beyond the lines of the area described or referred to in Schedule •Guarantee,or to pay the full amount of this Guarantee or,if this Guarantee is issued for the
(A)(C)or in Part 2,nor any right,title,interest,estate or easement in abutting streets,roads, benefit of a holder of a mortgage or a lienholder,the Company shall have the option to
avenues,alleys,lanes,ways or waterways. purchase the indebtedness secured by said mortgage or said lien for the amount owing
(c)"mortgage":mortgage,deed of trust,trust deed,or other security instrument. thereon,together with any costs,reasonable attorneys'fees and expenses incurred by the
(d) "public records": records established under state statutes at Date of Assured claimant which were authorized by the Company up to the time of purchase.
Guarantee for the purpose of imparting constructive notice of matters relating to real property Such purchase,payment or tender of payment of the full amount of the Guarantee shall
to purchasers for value and without knowledge. terminate all liability of the Company hereunder. In the event after notice of claim has been
(e)"date": the effective date. given to the Company by the Assured the Company offers to purchase said indebtedness,the
owner of such indebtedness shall transfer and assign said indebtedness,together with any
2. Notice of Claim to be Given by Assured Claimant. collateral security,to the Company upon payment of the purchase price.
An Assured shall notify the Company promptly in writing in case knowledge shall come to Upon the exercise by the Company of the option provided for in Paragraph(a)the Company's
an Assured hereunder of any claim of title or interest which is adverse to the title to the estate obligation to the Assured under this Guarantee for the claimed loss or damage,other than to
or interest,as stated herein,and which might cause loss or damage for which the Company make the payment required in that paragraph,shall terminate,including any obligation to
may be liable by virtue of this Guarantee. If prompt notice shall not be given to the continue the defense or prosecution of any litigation for which the Company has exercised
Company,then all liability of the Company shall terminate with regard to the matter or its options under Paragraph 4,and the Guarantee shall be surrendered to the Company for
matters for which prompt notice is required;provided,however,that failure to notify the cancellation.
Company shall in no case prejudice the rights of any Assured under this Guarantee unless the (b)To Pay or Otherwise Settle With Parties Other Than the Assured or With the
Company shall be prejudiced by the failure and then only to the extent of the prejudice. Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant any
3. No Duty to Defend or Prosecute, claim assured against under this Guarantee,together with any costs,attorneys'fees and
The Company shall have no duty to defend or prosecute any action or proceeding to which expenses incurred by the Assured claimant which were authorized by the Company up to the
the Assured is a party, notwithstanding the nature of any allegation in such action or time of payment and which the Company is obligated to pay.
proceeding. Upon the exercise by the Company of the option provided for in Paragraph(b)the Company's
obligation to the Assured under this Guarantee for the claimed loss or damage,other than to
4. Company's Option to Defend or Prosecute Actions;Duty of Assured Claimant to make the payment required in that paragraph,shall terminate,including any obligation to
Cooperate. continue the defense or prosecution of any litigation for which the Company has exercised
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 its options under Paragraph 4.
above:
(a)The Company shall have the right,at its sole option and cost,to institute and 7. Determination and Extent of Liability.
prosecute any action or proceeding,interpose a defense,as limited in(b),or to do any other This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained
act which in its opinion may be necessary or desirable to establish the title to the estate or or incurred by the Assured claimant who has suffered loss or damage by reason of reliance
interest as stated herein,or to establish the lien rights of the Assured,or to prevent or reduce upon the assurances set forth in this Guarantee and only to the extent herein described,and
loss or damage to the Assured. The Company may take any appropriate action under the subject to the Exclusions From Coverage of This Guarantee.
terms of.this Guarantee,whether or not it shall be liable hereunder,and shall not thereby The liability of the Company under this Guarantee to the Assured shall not exceed the least
concede liability or waive any provision of this Guarantee. If the Company shall exercise its of:
rights under this paragraph,it shall do so diligently. (a)the amount of liability stated in Schedule A or in Part 2;
(b)If the Company elects to exercise its options as stated in Paragraph 4(a)the (b)the amount of the unpaid principal indebtedness secured by the mortgage of
Company shall have the right to select counsel of its choice(subject to the right of such an Assured mortgagee,as limited or provided under Section 6 of these Conditions and
Assured to object for reasonable cause)to represent the Assured and shall not be liable for Stipulations or as reduced under Section 9 of these Conditions and Stipulations,at the time
• and will not pay the fees of any other counsel,nor will the Company pay any fees,costs or the loss or damage assured against by this Guarantee occurs,together with interest thereon;
expenses incurred by an Assured in the defense of those causes of action which allege matters or
not covered by this Guarantee. (c)the difference between the value of the estate or interest covered hereby as
(c)Whenever the Company shall have brought an action or interposed a defense stated herein and the value of the estate or interest subject to any defect,lien or encumbrance
as permitted by the provisions of this Guarantee,the Company may pursue any litigation to assured against by this Guarantee.
final determination by a court of competent jurisdiction and expressly reserves the right,in
its sole discretion,to appeal from an adverse judgment or order. . 8. Limitation of Liability.
(d)In-all cases where this Guarantee permits the Company to prosecute or (a)If the Company establishes the title,or removes the alleged defect,lien or.
provide for the defense of any action or proceeding,an Assured shall secure to the Company encumbrance,or cures any other matter assured against by this Guarantee in a reasonably
the right to so prosecute or provide for the defense of any action or proceeding,and all diligent manner by any method,including litigation and the completion of any appeals
appeals therein,and permit the Company to use,at its option,the name of such Assured for therefrom,it shall have fully performed its obligations with respect to that matter and shall
this purpose. Whenever requested by the Company,an Assured,at the Company's expense, not be liable for any loss or damage caused thereby.
shall give the Company all reasonable aid in any action or proceeding,securing evidence,
CONDITIONS AND STIPULATIONS CONTINUED ON BACK COVER
CLTA Guarantee Conditions and Stipulations
Form 2015-7 (Rev.12-15-95) nDIa nd At
CONDITIONS AND STIPULATIONS CONTINUED
(b)In the event of any litigation by the Company or with the Company's consent, 12. Arbitration.
• the Company shall have no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction,and disposition of all appeals therefrom, Unless prohibited by applicable law,either the Company or the Assured may demand
adverse to the title,as stated herein. arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration
(c)The Company shall not be liable for loss or damage to any Assured for Association. Arbitrable matters may include,but are not limited to,any controversy or claim
liability voluntarily assumed by the Assured in settling any claim or suit without the prior between the Company and the Assured arising out of or relating to this Guarantee,any service
written consent of the Company. of the Company in connection with its issuance or the breach of a Guarantee provision or
other obligation. All arbitrable matters when the Amount of Liability is$1,000,000 or less
9. Reduction of Liability or Termination of Liability. shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters
All payments under this Guarantee,except payments made for costs,attorneys' when the amount of liability is in excess of$1,000,000 shall be arbitrated only when agreed
fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be
binding upon the parties. The award may include attorneys'fees only if the laws of the state
10. Payment of Loss. in which the land is located permits a court to award attorneys'fees to a prevailing party.
(a)No payment shall be made without producing this Guarantee for endorsement Judgment upon the award rendered by the Arbitrator(s)may be entered in any court having
of the payment unless the Guarantee has been lost or destroyed,in which case proof of loss jurisdiction thereof.
or destruction shall be furnished to the satisfaction of the Company.
(b)When liability and the extent of loss or damage has been definitely fixed in The law of the situs of the land shall apply to an arbitration under the Title Insurance
accordance with these Conditions and Stipulations,the loss or damage shall be payable within Arbitration Rules.
thirty(30)days thereafter.
A copy of the Rules may be obtained from the Company upon request.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this Guarantee,all right of 13.Liability Limited to This Guarantee;Guarantee Entire Contract.
subrogation shall vest in the Company unaffected by any act of the Assured claimant.
(a)This Guarantee together with all endorsements,if any,attached hereto by the
The Company shall be subrogated to and be entitled to all rights and remedies which the Company is the entire Guarantee and contract between the Assured and the Company. In
Assured would have had against any person or property in respect to the claim had this interpreting any provision of this Guarantee,this Guarantee shall be construed as a whole.
Guarantee not been issued. If requested by the Company,the Assured shall transfer to the
Company all rights and remedies against any person or property necessary in order to perfect (b)Any claim of loss or damage,whether or not based on negligence,or any
this right of subrogation.The Assured shall permit the Company to sue,compromise or settle action asserting such claim,shall be restricted to this Guarantee.
in the name of the Assured and to use the name of the Assured in any transaction or litigation
involving these rights or remedies. (c)No amendment of or endorsement to this Guarantee can be made except by
a writing endorsed hereon or attached hereto signed by either the President,a Vice President,
If a payment on account of a claim does not fully cover the loss of the Assured the Company the Secretary,an Assistant Secretary,or validating officer or authorized signatory of the
shall be subrogated to all rights and remedies of the Assured after the Assured shall have Company.
recovered its principal,interest,and costs of collection.
14. Notices,Where Sent.
All notices required to be given the Company and any statement in writing required to be
furnished the Company shall include the number of this policy and shall be addressed to:
Consumer Affairs Department,P.O.Box 27567,Richmond,Virginia 23261-7567.
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PILED POR RECORD AT REQUEST OP t7
THIS SPACE PROVIDED FOR RECORDERS USE 0 •
CHICAGO TITLE INSURANCE COMPANY 0
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WHEN RECORDED RETURNT° RI :1
TALBOT DEVELOPMENT PARTNERS, LLC, • j
4614 TALBOT ROAD SOUTH
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STATUTORY WARRANTY DEED '
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THE GRANTOR t j 7
SARAH AGNES MORELL, A SINGLE WOMAN
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DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION W .'t
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w TALBOT DEVELOPMENT PARTNERS, I.ZA A WASHINGTON LIMITED LIABILITY COMPANY ::
en
the following described real estate situated in the County of KING Stale of Washington:
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND BY THIS REFERENCE MADE A PART
HEREOF AS IF FULLY INCORPORATED HEWN. •
SUBJECT TO: EXCEPTIONS SET FORTH ON ATTACHED EXHIBIT "B" AND BY THIS REFERENCE MADE A
PART HEREOF AS IF FULLY INCORPORATED HEREIN, .
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Dated: 2RJtRCH 6, 199E
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m a SARAN AGNES YANSLL •
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STATE OF WASHINGTON Rs i
COUNTY OF KING
•
-. ON THIS I I rli DAY OP e.)ZU(4*i,_ , 191e(,BEFORE ME, THE UNDERSIGNED, A
g NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, .
PERSONALLY APPEARED 5arh44 AGA--S h1U -' - KNOWN TO
g ME TO BE THE INDIVIDUALS) DESCRIBED IN AND WHO EXECUTED THE WITHIN INSTRUMENT AND
' W ACKNOWLEDGED THAT St ' '►piiSSIIGGNED AND SEALED THE SAME AS FfFr� FREE AND VOLUNTARY ACT -'
AND DEE ,nrF,O'�R THE U56'_\ . URPOSES.n�/n HEREIN MENTIONED. '
st
• PRINTED NAME: 1 ›"itir.J C j 1.L.1. 4 iC L. pry:;,'
S NOTARY.P BLIC IN AND FOR THE STATE OF WASHINGTON .QI 't,�OTAF...�Ce.
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g• RESIDING AT t<��42.14 . �; PUJi C,
MY COMMISSION EXPIRES OH �-ay-97 r'r9c`�'�,;?;;;; ;G`-
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' CHICAGO TITLE INSURANCE COMPANY
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Escrow No.:430635
•
1IBIT A
LEGAL DESCRIPTION
The land referred to is situated in the State of Washington,County o f ICINp
as follows:
a.�9 ,and is described
_ �` THE SOT 4 ACRES, LESS ROADS, OF THEE POLLOW/NG DESCRIBED TRACT:
THAT PORTION OP THE SOOTH HALF OP THE NORTHEAST
23 NORTH, RAMIE 5 EAST, i/ILL, •TE HER KING
OP SECTION 3T ,TOWNSHIP
EAST OF THE IGSNT-REIN COUNTY ROAD; IAN, IN 1CLNp COGS ASH
APT THAT PORTION, Ip xN07pH. LYING
QQAETER. ANY, Z7'ISR80P IN THE SOph ST Q�RTER OP THE NO
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Ci CHICAGO TITTLE INSURANCE COMPANY %
FILED FpR RECORp AT REOUPSI OF This SPACE PROVIDED FOR RECORDER'S USE
CHICAOO TITLE INSURANCE COMPANY $
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WHEN RECORDED RETURN TO
TALBOT DEVELOPMENT PARTNERS L.L.C. j
07 1732 BELLEVUE WAY N.E.
N BELLEVUE, WA 98004
It ATTN: JIM O'DONNELL
i 430636
CD STATUTORY WARRANTY DEED
THE GRANTOR
ROY E. FOURNIER AND NORMA H. FOURNIER, HUSBAND AND WIFE
for and in consideration of .
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION AND AS PART OF AN Z.R.C.
1031 TAX DEFERRED EXCHANGE
in hand paid,conveys and warrants to
• `"� TALBOT DEVELOPMENT PARTNERS L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY
•
the following described real estate situated in the County of ICING State of Washington:
THE EAST 645 FEET OF THE NORTH 5 ACRES OF TEAT PART OF THE NORTH HALF OF THE NORTH
3
HALF OFME THE MESOUTHEAST
DIAN. INUKINGRNG CO��WASHINGTOION 31, N, LYINGNSHIP 2EAST OF,THE RENT E 5EAST,
ROAD
wILLBMETTE
• #60 (TALBOT ROAD SOUTH).
` � ALSO KNOWN AS PARCEL C-2 OF BOUNDARY SURVEY RECORDED UNDER RECORDING NUMBER
v 9507119006.
W
V Bpi SUBJECT TO matters set forth in attachment marked Exhibit "A'
which is by this reference made a part hereto.
Dated: JUNE 14, 1996
1
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4 on ROY •
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NORTA it. POURNIBR
:: STATE OF WASHINGTON BB
COUNTY OF KING
ON THIS 1 JUNE, 1996 BEFORE HE, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE
STATE OF WASHINGTON, DULY COM:KISSIONED AND SWORN, PERSONALLY APPEARED ROY E. FOURNIER
6'•y AND NORMA FOURNIER KNOWN TO NE TO BE THE INDIVIDUAL(S) DESCRIBED IN AND WHO EXECUTED THE
:
FlITEZN INSTRUMENT AND ACKNOWLEDGED THAT THEY SIGNED AND SEALED THE SANE AS TIi6IR FREE .
AND VOLUNTARY ACT AND, BED, FOR,TIIZ USES AND PURPOSES HEREIN MENTIONED.
PRINTED NAME:
NOTARY PUBLIC IN AND FOR . ., R 0 INGTON
•+ RESIDING A 4P -" 's't r"'
MY CO UUSSSION EXPIRES ON'
''%; Ei49O337 06/14/96 2003.59 112561.00
CH. "ITLE INSURANCE COMPANY
• . •
- Escrow No.:
EX1UMXT A
SUBJECT TO:
I
1) CHARGES AND ASSBSSNENTS FOR WATER SERVICE IMPOSED BY CITY OF RENTON UNDER
ORDINANCE NUMBER 3790, RECORDED UNDER RECORDING NUMBER 8403260504.
2) THE FOLLOWING MATTERS DISCLOSED BY SURVEY RECORDED UNDER RECORDING NUMBER
9507119006 :
•
• A. PROPOSED DIVISION LINE FOR TAX FACILITATION
•
S. PRE-1969 ROW LINE
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CHICAGOTITLEMSURANCBCOMFANY
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' When recorded return to: •
Lisa M_Campen4 PS. .
4908 Talbot Road South
Renton,WA 98055 0
O
Quit Claim Deed
THE GRANTOR, Lila M. Campen, as her separate estate, C
v
for and in consideration of establishment and transfer to Revocable Living Trust With Grantor and
Grantor's children as beneficiaries,and for no other consideration. 'i.
0
c4 convey and quits claim tc ila M. Campen,Trustee of the, ,ila M. Campen Revocable Living Trust
^'i of jrr-v v , 1996 of
C.0 the following described real estate, situated in the County of King, State of Washington,including eel •
71 any interest therein which grantor may hereafter acquire: N
Parcel A: That portion of the north half of the north half of the southeast quarter of L''
•
section 31,Township 23 North, range 5 east,Willamette Meridian,in King County,except the
north 5 acres thereof.
Parcel B: The north half of that portion of the north half of the south half of the north
half of the southeast quarter of section 31,township 23 north, range 5 east, Willamette Meridian,
in King County,Washington,lying east of county road no.80(96th Avenue South).
Hamel C: Nast 11S5 feet aE Mxth we half lets Sigh 30 ttiet ttecat of tie patlai of Pith cre lelf
• aE Sit aoe Calf lt Mzth one t$lf of Scutleast aae nth Icy East at:Malty ltBd bb. 80, Sltaaabe in fiction 31,
•
Dated this day of September, 1996. billihiP 5°Kt'lfi3.l ' � y,
�•�at�hingbm.
4 /r/.
'' Lila M. C pen T
,
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STATE OF WASHINGTON )
)ss g
t County of } I- q ) w
1 On this dayonally appeared before me Lila M.Campen,to me known to be the individual .
i described in and who executed the within and foregoing instrument,and acknowledged that such person signed g
the same as such person's free and voluntary act and deed, for the uses and purposes therein mentioned. x
.QIVEN under my hand and official seal this3e. day.of. ' /, 1996.
• .Notary Public in�a d for the S of Washin:' (
•
• residing at: tic--,- " - /
City) , 9:
My commission expires: 0 r 1 L,
•` Month ' ear
I . 111
i,• •AI 1 ACL •r• r•
• " ::'7 cc'. , -. ... .i .s a -_
Subscrbed and Seated this :.4.L day of GTat'F441-9.2...
CITY OF RENTON. WASHINGTON City Cl6rkt ' �;Jr
. i •,* •
i `,
ORDINANCE NO. 3790 ♦ y`
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON.,' •
ESTABLISHING A SPECIAL ASSESSMENT DISTRICT FOR •
WATER SERVICE IN THE SOUTH TALBOT HILL-VALLEY
GENERAL HOSPITAL AREA AND ESTABLISHING THE
AMOUNT OF THE CHARGE UPON CONNECTION TO 'THE
FACILITIES.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION I : There is hereby created a water service special
assessment district for the South Talbot Hill-Valley General
Hospital area, which area is more particularly described as follows :
See Exhibit "A" attached hereto and made a part
hereof as if fully set forth he•_ein.
A map of the benefited area is attached hereto as Exhibit "B" and
made a part hereof as if fully set forth herein.
SECTION II : Persons connecting to the water facilities
in this Special Assessment District which properties have not been
charged or assessed with the cost of a trunk water main shall
pay in addition to the payment of the connection permit fee and in
addition to the general facility and trunk coi.nect_on charge , the
following additional fees :
Based on a net general benefit area cf 345 acres and •
a special benefit area of 155 acres , the following
charges result :
Development with 1 , 500 -gpm fire flow or less :
Area Charge = $0.034 per square foot
-. Frontage Charge • _ $16 .00 per front foot
RILED FOR REC030 AT REQUEST OF
oMOF111 CITY CTFRf( -1
WI Ifll11{C>PAl BIN.
V Bll AYE.SO,
111/
111
Developments with greater than 1 ,5O0-€.pm fire flow:
Area Charge = $0.043 per square foot
Frontage Charge = $18.00 per front foot
LID's 324 and hc. 325, although exempt from the front
footage charge, should still be subject to the applicable
area charge.
SECTION III : This Ordinance is effective upon its passage,
approval and thirty (30) days after publication.
PASSED BY THE CITY COUNCIL this 6th day of February,1984.
;r Maxine E. Motor, ity erk
APPROVED BY THE MAYOR this 6th day of February,1984.
a O G P1
Barbara Y. in och, Mayor
Approved as to form:
fence J. Wa en, ('ity Attorney •
La ,
Date of Publication: February 10, 1984
-2-
• ttiileiT
A:1 that portion of S►ctton .' • 1J a.W it in l,..nship :1 'i .th, Range S last, h.M.,
tiny Count.. washington. J.:o shed a% folios.
6eyiminq at the southwest corner of 'Section 29. l.n. 236., Rg. SI, w.M„
thence easterly alum; the south line thereof a distance of 5803 feet more or less to
the True Point of Beginnin9 ,
thence N 0'28'30' E a distance of 1:9 feet wore cr less,
thence A 87"t36'32' I a distance of Nil feet acre u. less to a line parallel with and
btiI fett easterly. As measured at right angle from the west line u' said Se:tion 29;
thence northerly along said parallel line to the .uutli line of Lot 3, Ring County
Short-Plat / R57705 record... .:,ier Ale 790:1180736;
thence westerly along the t.-:h 1•ne of said Lot 3 to the so,.tf west cn-ner thereof;
' • thence northerly alono the west line of said lot 3 t" the northwest corner thereof;
thence easterly along the north line of said Lot - to a line parallel with and 660
feet easterly as measured at right angle from the west lire of said Section 29;
thence northerly alp g said parallel line to the south line of the plat of victoria
Par. No. 3 as recorded in Volume dS of Plats, pages 43 and 44. records of King County,
a shingt_'.; the :r.th line of said plat being also the north line of the Southwest
quarter of s."" Section 29;
thence westerly dons the north line of slid subdivision and continuing westerly
along the north Erie of the Southeast qua' -r i,f Section 30, iwn. 23N, Rg. SC.,w►,M., 1
to an intersection vita the easterly right- f-way margin of Talbot Road South
(Springbrook Road);
thence northerly along sa•d easterly rigt. -of-way margin to an inters_ction with the
• easterly production of t'e north line of the Southwest quarter of the Northeast
quarter of said Section 30;
thence westerly along the north line of said subdivision and its easterly production
to an intersection with a line that lies concentric with and 340 feet more or less
easterly, as measured radially frim, the easterly right-of-way margin of the Valley
Freeway (S.R. 167);
thence southerly along said concentric line to an ii:t.:rsection with the north line of
=.. i Lot 4 of the plat of Mance Addition as recorded in Volume 68 of Plats, page 21,
records of King County. mashington;
thence westerly along the north line of said Lot 4 to the most northwesterly corner
thereof;
thence southerly along the most westerly line of Mance Addition to the most south-
�1 westerly corner of said plat;
tt.ence westerly along the westerly production of the south line of said Mance Addition.
l which south line is also tie north line of the East Valley Medical Park Short-Plat
e-` as recorded in Kiel County under AI/ 7808151009 (SP-113-77) to the northwest corner
thereof;
thence southerly along the west line of said Short-Plat td the southwest corner
thereof;
thence westerly along a line parallel with and 250 feet more or less northerly of.
as measured at right angle from, the south line of said Section 30, to an intersection •
with the easterly right-of-way margin of the Valley Freeway (SR-167); thence southerly
along said easterly right-of-way margin to an intersection with the westerly line
of the Southeast quarter of said Section 31, fwn. 23N. Rq. 5E, Y.M.;
thence southerly along the westerly line of said subdivision to an intersection
with the southerly line of said Section 31;
thence easterly alone, aid soot•'rly line o' Section 31 to the southeast corner
thereof;
thence northerly along the easterly line of said Section 31, which easterly line is also
the westerly line cf ;rctio.1 32. Tun. 23N, R9. SE, R.M., to the south lire cf the
Northwest quarter of :re Northwest Quarter of said Section 32;
thence easterly along the south line of said subdivision a distance of 660 feet, more
or less;
tnence northerly on a line parallel with and 660 feet easterly, as measured at right
angle from, the west line of Secticn 32, to a point on-the north line of said Section
32, said point being 660 feet easterly of the northwest turner of said Section 32; .
thence westerly aluna the north line of said Section 32 which north line is also the
south line of said Section 29, to a point 580 Feet more or less easterly of the southwest
corner of said Section 29 and the True Point of Beginning.
r I I
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BOUNDARY EXISTING LEGAL DESCRIPTION
LINE PARCEL AT
ADJUSTMENT TH<VEST HALF CI TIC MOWN S Adc,OF THE SCUTS•MOM tal 1st
SOUTTUST CHARTER OF THE NORTHCAST OLLUTTa Or=TOO 1N,MEIN,
NO.1pA-9Ei-004—Ju_. Ei NORTH,RANK 0 UST,Iri,N miss COUNTY,aASWN•TON,
t1MCi1T:.2T101 FOR COLRNTT ROAD. .
TRACT t
DECLARATION 14 SOUTH•ACT21 or TIC FOLLD.ID Otto I=TRACD
ENT FORAM Or 1111 SOUTH WIN OF AC 110114AST 0UA11I01 Or RLC701 SI,
101111.11)23 NOOK NAM S EAST.11.14 N ONO COUNTY,1111111111141011
KNOW ALL MDI BY THESE PROEMS TNT 1E THE LMB EAST WIC Noll-Na131 MAN
LADER9CNED 011NEJi(S) OF NE LAND HEREIN DESCRIBED. ONSTT THAT►OT0N IF ANT*MCI N 11C SOODNEST CA M=O/M
DO HEREBY WAKE A BOUNDARY UIE ADJJSTMOIT Na1CAA Ufa•
THEREOF PURSUANT TO RCM 58.17.040 ANO DECLARE sear C
THIS ADJUSTMENT TO BE NE GRAPHIC REPRESENTATION
OF THE SAME. AHD THAT SAS)ADJUSTMENT IS MADE TIC MUT S AOO Or THAT FORAM or TIC Natty H AI Or SC NORM NAN
Valli THE FREE CONSENT AND IN ACCORDANCE WIN O►THE SOUICMT 0WNH01 OF=TOT St.miNsr=NOT%NNW s
THE DESRIES OE THE ONPIER(S)L IN NI7IESS *CREW*Ts. RSDU Tus.so OSO INTO TM f�LINO(AST Cr lot IDrT.,,BrLpl
HAYS SET CUR HANDS AND SEALS.
OASIEN TON M M U CO NPPANT REMSTD!LEGAL DESCRPTIOG
PM&
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Nail RAMCE 1 EAST.Tut.N ID,C COUNTY.1A1ENGION
d O,CPT POOCH IC*WORT NO110.
10t1Q ti1N
•
STATE Or M7MOTO1 it NINON OF 1C SOUTH NSF CI EMI Na1)CAST CWR1Q NO Or ISONaIN NM!
COUNTY a IVi o<1C 10UNCAST GUNNED Cr SECTION 31.TOOIITP 23 NNOK RAYS S EAST.
TUN.0001111la AS VOLLAINs
I cERTIFT THAT I*Kw OR NAVE SANIFACTa►EN000E THAT
It 1 OIOIOL,Jr 30Nm MS WITOUNDIT.ON all COMMONS NJ AT Tlt EAST OWRIDt CONED Cr SAO SEMEN 31
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WANT.XI it AFL TREE NO VOLUNTARY ACT OF SUON PARTY IC X V&INN OF M N1RCA1T ammut v SAO UMW NO IC PENT Cr N
Fa AC USES PAO RNlC= w11OSID N 1K etOlu BIT. 1103seENOI
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M Na1CANT OWM101 WIND SEC1Ot
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UST WC OF AC NEST HAS Or SAD NOM 3 AOttO
NT MPOMINOIT Wets ._$✓ reef ND==M OOFIT TOT.ADO AC=MOLT N CIANI NTIM OF SAO
EAST WC 131.71 FEET TO TIC FONT Or SONIC•
%%%fl4
_ A PORTION OF THE SOUTH KW OF DC IIOI1ICAST WARTED MO OF WI,NORM WEN
* t Or THE= MAST 0UARIIR o►=O1 71.TORMr 23 work RANGE 3 EAST.
Wt.tloaNEm AS/OLLON!
'HH tlNNHD AT A 1R t CAST CUM OOeER Of SAC Sx1101N
t 4 `. AOID<SUM 01177r UST.ADO DC CAST MT OF AC SOUICMT OUARIER
MINI,,.•.•,, 0 SAC SECTION 16132 TUT TO TIC MUTH UNE OF THE NRM•A00 C<se
sae HAN OF SAC 1RRIMAST WAR10!
AOCE NOR131 M'00•W HOT.ALONG SAO SUM LITE.60113S HOT 10 A
APPROVAL P0(T or NTERSECDa MN 114 1 1103 Lr PrioLc r.Aita or TUC EAST UNE or
' e' a
TIC� HA T N a THE WITH S ACTO OF DX SOUTH N ACRa o TI f C=ITN HALF
APPRO THIS �'L DAY,�C', 7arM�e'R 19Ly Or At IADCAST GU LR SC
AAI Or SAC NOR
( � NNNOr UK OF ENE SOWNDem Komi want' 4ACJCS ALCMOF 9A0 HA 706,E MET TO NC
STRATOR OE PLANNWG/BUILDING/PLJBUC KIRKS DEPT MCI 95U1M wg10Y EAST.ALAO SAID SOUTH HUH.WNW FEET 10 THE
OF RENTON EAST wet OF DC NORTHEASTTHOU SOuTH . .�y�SAC a Pm To A<
Keg Or 111:121•016.
KING COUNTY DEPARTMENT OF ASSESSMEN
Examined and approved this u da of Y•QT 19L4
6.2oTT /A/oolc F 1A(fiza.I —
ASSESSOR TT ASSESSOR A/
t
1/11af 9.C,r(.S E•S') _j/dj.. - ye Z J.A pee(wty
•
RECORDING NO.
.. • APPROV
LAND SURVEYOR'S CERTIFICATE
�•�a
11
RECORDER'S CERTIFICATE . /,
fled for ratord this day of 19 of If This BOUNDARY UNE ADJUSTMENT correctly represents
a survey mode by me or under my direction in t✓r...'/ -
in book of at Page at the request of conformance with state old county statutes 1.1. 1.1,....:24
Mgr• Supt. of Regards Certificate No. _V! .6.... I•hJ 16
• �CI ` / It I t'X`- „ t . .. -..- ..`:c,: ,.-. yIilirN.�,Ry! '. .�. 'n:-.•-• 5
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�
VOL./PAGE
n OF TNt SOWN I Nan v TIM LUA-96-004-LLA •
31*COMMOF SECT1311 a,010$1SP LNO-30-0137
rile 001MTT,WASO STO11
NOTES
2 OLSt71t02 11tAC1 L 141ARIOITAT101 FOR MIS SUSWY WAS A ONC NINE ME O=J1E :-
NO 11E0111010 OSTMICt IEA3JI11 UNIT.14100310113 USED IN OR r.
M NO11fAST 011011131 OF 13101 31. SSaWY WOE FOX=RAWRSr MEETING OR DOCCE0113 STMO=ET
11.11.N IOO CORNY.SOWIS dA A SE 33 4t30.0M . .
i1 14 701JTMit►0111111111 Cl M 2.OE 111101010101 C O CED ON DO NMP SPSsilr M MULTI
OF A LINO NAOS ON BATE 1OCATED NO CAN OILY FIE C01000110) 1
AS 1OCATINO is COONL CON0110N OOf11 I0 AT DINT 111
OF THE NOON NAY OF TIt NORM HALF 3.KOOK"LOCO CMALTA SAWSY NANSEN SURWW10 I
3N 31.101•!RM 23 ROOK ONO S OARS of-20-{S
ON.0140 CAST d VC 1011T#1101t
9609174003
•
. l/VIII
IorM SOWN•ALSfRv1W MOO• 5NWY VOL 33.FACE 224
T OJA1001 OF 3EC101 31.10010W 23 - -
gMn 1ASINC Ot PLAT v SOOT PAIIN
•M.TA 53115?PO OIW1101f1OITM.OCVELOW1ENT CO. •
OF M S}IMIsN00R sir BY NANSCN 51.11111100
NONMAST CIJAR=Q MO CI Se NO1M NAZI dOf NO OMCOEDOf-2D-a3.IA11[t0110[D
rI 31.101110111 23 110111.■MMt I EAST.
AIM CF SAID=ION 3a R OTT OF ROI701 MOSL 4
M C T-MST C011�Cr WC7�1 U E. POINT/qD.3/r CD/FOI FILO M
al 1111 M SOJ1NaY F100f1A110N v ILO 1101 A SOLO MITT 24 ,
N[NORM S ACRO{d>K lOIM f ACES 0/ ..... .
UA1TQ Or SAO S C1111 NO 1111 Fd1T Or. "4...9}•
/SAD PWCA1OA10L 1M1 SS TIT 10 DE 7/
Y M NtR'M KW OP SESCION AST N 1811111r1• // % /
SAO SOUM LINE MU fQT 10 1t 12f7.4T //. .il�ll
_ SAO EAST 11MLOlI.33570 PST 1Q M f
•M NUM f ACRO1 OF 1141C 101111 NM.F OF 1 It el
Wit
SA O OWNOIL 1113f PS ?TO 11C
RM NO 3 AOC% ROAD CINTOLJM[ s .
11[ 0 Y r110010A1O11 OF SAO NW. W
F b
NQA(AST CUM1171 AND CF TNt NORM IMF
N M.T170911F 23 NORRL RMICC 3 EAST. •
aQBiMInver
al OF SAID SECTOR 31
NC EAST LYE OF DR SOL1SAST WOOER 30L2D .. ! >t 32
WIN Lx d M NOON f ATJO C'DC f 1317.11la Nffr
FOUND Orr OF ROITOI 3
SAO SCUTS tDi 01L/ E CAST A 110RII01TAL CC111110L POINT
1 OF a SOW AT101 v M 1C101 1 part 1/r 07011 1111 C�,9"
.�iMM SOWN f ACC 0►M 5*11)4 NMF S IN COI.ON 1.0 IN 110 1 CASE '0 '
00 1110.010.41101.301.T PIT 10 M
SIIO SWO NA I:
cco:AO!WIN NW/.MO FIT TOM (ILLS)
CI SAO SLCM%
AD FAST LBW.13111 MET 10 M .
0•:10.1Y /KY C/7 ./f4
JAM AR'arY qffil
.Iw .r•Ys ASf r,rr /s
- ,�. .I. of
N. UPI 111•1
..N•aft NI•®ter-O.•PA OID-W0•pA NlMM111 AM
• • - APPROVAL NOTES .
"IFICATE .. PORTION OF
ctly rtgrllMta r7.:.:,11,..,� _ 52 1/4 of NEI 1/4. S• 31 T. 23 N R S E W.Y. <
'utp ;+/ I"1/4 of 4 1/4. S. 11 T. 2] N R.�E W.Y.
• , �- ,!
- • .- I OWN. BY DATE JOB NO.
•
y • To/:o o:rN 1101 D0-202 rat
fI1..Wi to/c Srt CNNO. BY SCALE SMUT i•/6•76 1 1--I00• 1 OF 2
.
•
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
DATE: April 3,2000
TO: Gregg Zimmerman,Administrator
FROM: Arneta Henninger X7298
SUBJECT: MONTEREY HEIGHTS FINAL PLAT
LUA 00-023
MONTEREY AV NE&NE 12TH ST
The attached mylar is submitted for your review and signature.
Technical Services and Developmental Services have reviewed and recommended approval for the
plat.
The owners of the parcel to the south have signed the utility easement.
All fees have been paid.
The yellow file is attached for your use. If you have any questions please call me. Thank you.
cc: Neil W.
CITY OF RENTON
MEMORANDUM
DATE: March 27,2000
TO: Neil Watts
Bob MacOnie
Sonja Fesser
FROM: Arneta Henninger itc14.
SUBJECT: MONTEREY HEIGHTS FINAL PLAT LUA 00-023
If all areas have been addressed and you can recommend that the above plat be recorded please
indicate your approval by signing below. Thank you.
A.w„,
Neil Watts
Bob MacOnie
Mari) rL) . ( �rt ont 5/30/20on
Sonja sser
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20 0076
Return Address:
City Clerk's Office
C1055 S.ReGrady Way '2UOOO42 00025�
Renton WA 98055 RENTON CITY OF COV 0.00
PAGE 001 OF 013
04/27/2000 09:46
KING COUNTY, WA
.Please print or type information
,.Cs Document Title(s):
Lc) Declaration of Covenants, Conditions, Restrictions and Easements for
Monterey Heights
Q Reference Number(s)of Documents assigned or released.
o �. [on page of document(s)]
■
ci 11
o . Granter(s)(Last name fast,then first name and initials)
o !�] 1 Gregory Development Company
o I 2
cp 3
cv
4. 0 Additional names on page of document
J
Grantee(s) (Last name first,then first name and initials)
1. N/A
2
3
4. 0 Additional names on page of document
Legal Description(abbreviated i e tot,block,plat or section,township,range)
Parcel A: North 266.32 ft of the East 142.30 ft of Tract 267, CD Hillmans
Lake WA Garden of Eden Addition to Seattle Div. No. 4 as recorded in Vol 11
of Plats, page 82. Parcel B: North 266.32 ft of Tract 267, CD-Hillmans Lake
WA Garden of Eden addition to Seattle Div. No. 4 as recorded in Vol. 11 of
Plats, page 82. Also, North 13.69 ft of Lot 1 of City of Renton LLA under
KC recording no. 9702129004
3 Additional legal is on page 11 of document
Assessor's Property Tax Parcel/Account Number.
334390252206 and 334390252404
El 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
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DECLARATION OF COVENANTS,CONDITIONS
RESTRICTIONS AND EASEMENTS FOR
MONTEREY HEIGHTS
ARTICLE 1. PURPOSE AND SUBMISSION TO DECLARATION
1.1. The Property. GREGORY DEVELOPMENT COMPANY, a Washington
corporation(hereinafter"Declarant"),is the owner of certain real property in King County,
Washington,more particularly described in Exhibit A attached and incorporated herein by this
reference(the"Property"). The Property covered by this Declaration includes all portions of the
Plat of Monterey Heights.
1 2 Submission to Declaration Declarant hereby declares that the Property is and
shall be held,used,transferred, sold and conveyed subject to and restricted by the restrictions,
covenants,reservations, easements and conditions,referred to collectively hereafter as the
"Covenants"or"Declaration,"as set forth herein The Covenants are designed to protect and
enhance the value and useability of the Property as well as comply with conditions imposed by
the City of Renton to issuance of the Final Plat of Monterey Heights.
1 3 Homeowner Association. This Declaration relates specifically to the Monterey
Heights Homeowner Association,a non-profit corporation
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LCY
Q ARTICLE 2. DEFINITIONS
2 1 "Association"means the Monterey Heights Homeowner Association,a
Washington nonprofit corporation,its successors and assigns. The Association is composed of
Lot Owners and is organized and established to preserve and maintain the dramage pipes,
o infiltration tanks and catch basins located within the 20' easement adjacent to the extension of
Monterey Heights Ave N E and the control structure(vault)located within the extension of
o Monterey Heights Ave. N.E. ("Facilities").
2 2 "Association Action"means a written corporate action of the Association in the
form of either a bylaw or a resolution duly passed by either the Board of the Owners
2 3 "Board"means the Board of Directors of the Association
2 4 "Development Period"means that period Declarant requires to develop and
market the Property and shall end at the earlier of the following. (a)the sale of substantially all
Lots with completed residences thereon for those Lots sold to licensed builders and the sale of all
other Lots(whether or not residences are then constructed thereon)sold to persons who are not
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licensed builders, (b)upon written notice by Declarant that it has elected to terminate the
development Period;or(c) expiration of ten(10)years from the date this Declaration is recorded
2.5 "Lot"means a legally segmented and alienable portion of the Property as
numbered and designated on the recorded Plat The term "Lot"does not include streets and
other public areas
2 6 "Member"means any person or entity holding membership in the Association
2 7 "Mortgagee"means the holder or beneficiary of any mortgage or deed of trust
encumbering one or more of the Lots
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LC) 2 8 "Owner"means the record owner, whether one or more persons or entities,of a
fee simple interest to any Lot which is a part of the Property, including contract purchasers, but
excluding contract sellers and mortgagees or others having such interest merely as a security for
performance of an obligation.
2 9 "Plat"means the Plat of Monterey Heights as Approved by the City of Renton
under its File No. LUA-98-144, PP,and recorded on -, , 2000 under King
County Recording No yoocu V' /1-. -- /Ie�' r'CCi
-�U n` G'4CG -Y e, 6 ro-4 O A �44 �..5 a,p� G., 0 / 7 dDU '2-6
2.10 "Property"means all of that certain real property described in Exhibit A and
included within the Plat.
2 11 "Successor Declarant"means a licensed builder who acquires all of the Lots from
`CV. Declarant without completed residences thereon.
ca•
ARTICLE 3 PURCHASE AND SALE AGREEMENTS
CV 3 1 All purchase and sale agreements for Lots shall include a clause informing
o purchasers of the provisions for the Association and the allocation of costs to Owners of Lots to
c, preserve and maintain the Facilities.
CD.
«' ARTICLE 4. DRAINAGE EASEMENT
Declarant does hereby declare,create, establish,grant and convey to the Association and
the Owners therein a nonexclusive drainage easement in the 20' wide utility easement area, as
shown on the Monterey Heights Plat Map, and the Facilities for the purpose of providing storm
water drainage from each Lot to and through the Facilities, which are part of the storm drainage
plans approved as part of the Final Plat. The easement is dedicated for the use and benefit of the
Property,the Association and Owners of any portion of the Property and shall be an
appurtenance to each Lot No improvement,fill or obstruction shall be permitted or suffered to
alter the effectiveness of the drainage easements or the Facilities,unless specific written
permission has been obtained by both the Association and the applicable governmental entity.
All maintenance,monitoring repair and/or rebuilding of the Facilities shall be by the
Association,unless and until said facilities are dedicated and accepted by the City of Renton or
other applicable governmental authority
ARTICLE 5 RESERVATION OF EASEMENT
There is reserved to Declarant and to the Association,their agents and employees, an
easement over each and every Lot for entry and access in a reasonable manner and at reasonable
times and places for the performance generally of all their rights and duties as provided in this
Declaration
ARTICLE 6. DEDICATED RIGHT OF WAY
As part of the final approval of the Plat,the Declarant is dedicating to the City of Renton
the right of way for roadway purposes as depicted on the face of the Plat together with the storm
drainage and sanitary sewer pipes therein,provided,that the Facilities which are located within
the 20' wide utility easement and the dedicated right of way shall remain owned and controlled
by the Association, subject to the Declaration
ARTICLE 7 DRAINAGE SYSTEM
7 1 Each Owner shall maintain in proper working order all roof drains and area storm
drains on improvements constructed on their Lots and shall ensure that the water from those
drains flows into the storm drainage system installed to serve the Property Each Owner shall
,�: preserve and not alter the natural and man-made drainage courses existing on their Lot at the
time such Owner obtains an interest in said Lot Each Owner is prohibited from redirecting,
restriction,altering,or otherwise impairing these dramage courses in any manner without the
prior written approval of the City of Renton and the Association. The Property contains a
specially designed surface water drainage system,intended to facilitate an orderly drainage of
surface waters It is incumbent on each Owner to help preserve and maintain the Facilities
�:. ARTICLE 8 THE ASSOCIATION
``" 8 1 Membership Each Owner shall be a member of the Association. Such
membership shall be appurtenant to and held and owned in the same manner as the beneficial fee
interest in the Lot which it relates. Membership shall not be separated from ownership of the
Lot to which it relates; provided,however,that any owner may delegate his rights of
membership in the Association to the members of his family and to his tenants who are
occupants at such Owner's Lot.
8 2 Powers The Association's duties and powers include but are not limited to (a)
owning, maintaining and administering the Facilities,(b)administering and enforcing the
Covenants and(c) levying,collecting and disbursing the assessments and charges hereinafter
created The Association has the right to promulgate rules and regulations which may further
define and limit permissible uses and activities consistent with the provisions of this Declaration
All actions of the Association requiring approval of Owners shall be by at least fifty-one percent
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(51%)vote of those Members present in person or by proxy at the meeting All Owners shall
receive written notice of any meeting of the Association at least fourteen (14)days in advance of
any meeting
8 3 Voting Rights. During the Development Period, Declarant shall have all voting
rights After expiration of the Development Period,every Owner shall be entitled to cast one
vote in the Association for each Lot owned The right to vote may not be severed or separated
from any Lot, and any sale, transfer or conveyance of said property interest to a new Owner shall
operate to transfer the appurtenant vote without the requirement of any expressed reference
thereto The presence in person or by proxy of at least sixty per cent(60%) of the Owners at any
meeting shall constitute a quorum If a quorum is present,the affirmative vote of the majority of
the Members at the meeting and entitled to vote shall be the act of the Members,unless the vote
of a greater number of Members is required by this Declaration or by the Articles of
Incorporation or Bylaws of the Association
8 4 Number of Votes. From the commencement of the existence of the Association,
there shall be a total of 10 outstanding votes in the Association,representing one vote for each of
the 10 Lots, the maximum number presently authorized for Monterey Heights. The total number
of outstanding votes shall be automatically adjusted to equal the number of Lots given final Plat
approval During the Development Period, the Declarant shall be entitled to case 60 votes
8 5 Board of Directors A President and two(2)other individuals shall comprise a Board
of Directors and shall be elected from among the Owners. The Board shall have authority to
establish operating rules and procedures A majority of the Board may designate one or more of
its members as a representative to act for it. In the event of death or resignation of any Board
c=a member,the remaining Board member(s) shall have full authority to appoint a successor member
a or members Members of the Board shall not be entitled to any compensation for services
performed
=' 8 6 Declarant Authority During the Development Period, all of the functions and
powers of the Association shall be vested in the Declarant or Successor Declarant
C=7
`.4 8 7 Declarant Management During the Development Period Notwithstanding anything
to the contrary herein, during the Development Period, Declarant or Successor Declarant at its
option shall have and may exercise all of the rights and powers herein given to the Board and the
Association, including all rights to manage and operate the Facilities and all rights to create and
enforce assessments and liens under this Declaration. This requirement is made in order to
ensure that the Property will be adequately administered in the initial stages of development, and
to ensure an orderly transition of the operation to the Association Acceptance of an interest in a
Lot is conclusive evidence of acceptance of this management and operational authority in
Declarant or Successor Declarant. During the Development Period,each Owner(with the
exception of Declarant or Successor Declarant)shall be required to pay assessments in
accordance with this Declaration,but Declarant or Successor Declarant shall be responsible to
operate, repair, and maintain the Facilities and shall provide for payment of all necessary
Common Expenses to the extent the assessments against individual Lots are insufficient to pay
those Common Expenses
ARTICLE 9. BUDGET AND ASSESSMENTS
9 1 Association Budget The Association's fiscal year shall be the calendar year. Within
thirty(30)days prior to the beginning of each fiscal year,the Board shall adopt an Association
budget for the following fiscal year, setting forth the amounts reasonably estimated for Common
expenses "Common Expenses"mean(a) expenses of administration,maintenance,monitoring,
operation, security, repair or replacement of the Facilities, (b)premiums or deductibles for all
insurance policies required or permitted by this Declaration, (c) funding of reserves for
IT anticipated operational shortfalls or for replacement of capital items, (d) legal fees and costs of
,`, the Association, if any,.and (e) any other expenses established from time to time as reasonably
necessary by the Board The Board may revise the budget from time to time as deemed
necessary or advisable to account for and defray additional costs or expenses of the Association
pp Upon adoption of a budget, the Board shall assess all Lots with general and/or special
assessments as provided in this Declaration
. 9.2 Creation of Lien and Personal Obligation Each Owner, by acceptance of a deed for a Lot,
whether or not it shall be expressed in such deed,is deemed to covenant and agree to pay to the
Association(a) general assessments and (b)special assessments made under this Declaration
The general and special assessments, together with interest, costs and reasonable attorneys' fees,
shall be a charge and continuing lien upon the Lot and improvements thereon, against which
such assessment is made and also shall be the personal obligation of the individual who is the
Owner of the Lot at the time the assessment came due
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9 3 General Assessment Each owner shall pay a general assessment based upon the
Association's budget in equal quarterly installments on the first day of each quarter beginning
C-4 with January 1 of each fiscal year. A portion of the general assessment may include fees or
charges payable to third parties. During the Development Period, a portion of the general
assessment may include fees paid to the Declarant for management services provided by the
Declarant to the Association or by a professional management firm
9.4 Special Assessments for Capital Improvements In addition to the annual general
assessments authorized in Section 9 3,the Board may levy in any fiscal year a common
assessment,applicable to that year only,for the purpose of defraying in whole or in part the cost
of any installation, construction,reconstruction,extraordinary repair,or replacement to or of the
Facilities
9 5 Special Assessments for Legal Fees and Damages In addition to the general and
special assessments authorized in Sections 9 3 and 9 4,the Board may levy from time to time a
special assessment payable in a lump sum or installment basis,as the Board directs, for the
purpose of defraying in whole or in part any legal fees,costs and/or damages or awards incurred
in legal actions in which the Association is a party,or in which a member of the Board is named
s a party(including Declarant when exercising the authority of the Board during the
Development Period) as a result of a decision made or action performed while acting on behalf
of the Association The special assessment under this Section 9 5 may be made by the Board
without a vote of the Association membership, unless at a meeting called by the Association at
least fifty-one percent(51%)of the Association members voting in person or by proxy
disapprove such special assessment, provided, however,any special assessment necessary to
fulfill the indemnification obligations of Article 11 shall not be subject to disapproval
9 6 Amount of Assessment. The amount of the general or special assessment attributable
to each Lot shall be equal to the total amount of such assessment divided by the total number of
Lots for which final plat approval has been recorded
9 7 Date of Commencement of Assessments, Due Dates The general assessments
described in Section.9 3 shall commence upon the closing of each Lot sale The first general
assessment shall be prorated according to the number of months remaining in the calendar year
Upon approval of the budget,the Board shall fix the general and/or special assessments,and
shall notify each Owner of its respective assessment amount(s)and due date(s). The liability of
an Owner for any assessments against its Lot shall commence on the first day of the calendar
month following the date upon which the Owner acquires title to the Lot Upon request and for a
reasonable charge,the Board shall furnish a signed certificate setting forth whether all
assessments on a specified Lot have been paid A properly executed certificate as to the status of
assessments on a Lot is binding upon the Association as of the date of its issuance
9 8 Effect of Non-Payment of Assessment., Remedies of the Association Any
u� assessment not paid within ten(10)days after the due date shall bear interest at the rate of twelve
CV
percent(12%)per annum until paid, but not exceeding the maximum rate permitted by law
Each Owner hereby expressly vests in the Association, through the Board or its agent,the right
o and power to bring all actions against such Owner personally for the collection of such
CVassessments as debts and to enforce hen rights of the Association by all methods available for the
enforcement of such liens, including foreclosure by an action brought in the name of the
Association in like manner as a mortgage of real property Such Owner hereby expressly grants
..' to the Association the power of sale in connection with such liens The liens provided for herein
, shall be in favor and for the benefit of the Association The Association shall have the power to
bid in an interest at foreclosure sale and to acquire, hold,lease, mortgage and convey the same
The Owner is responsible for payment of all attorneys' fees and costs incurred in collecting past
due assessments or enforcing the terms of assessment liens. No Owner may waive or otherwise
escape liability for the assessments provided herein by nonuse or the Facilities or abandonment
of its Lot
The Association shall have the right to suspend the voting rights of an Owner for any
period dunng which any assessment against the Lot remains unpaid and for a period not to
exceed 60 days for an infraction of the terms of either this Declaration,the Articles or the
Bylaws of the Association
9 9 City May Function as Association If the Association either fails to perform any of
its duties to preserve and maintain the Facilities or dissolves, then the City of Renton may
perform any of the Association's duties, including without limitation the assessment and
collection of fees
ARTICLE 10 SUBORDINATION OF LIENS
10 1 Intent of Subordination Provisions The provisions of this Article 10 apply for the
benefit of each Mortgagee who lends money for purposes of construction or to secure the
payment of the purchase price of a Lot
10 2 Mortgagee's Nonliability A mortgagee shall not,merely by reason of its security
interest, be liable for the payment of any assessment under this Declaration, nor for the
observation or performance of any covenant or restriction,except those enforceable by equitable
relief and not requiring the payment of money or except as hereinafter provided
10 3 Mortagee's Rights During Foreclosure During the pendency of any proceeding to
foreclose a mortgage, including any redemption period,the Mortgagee or receiver, if any,may
exercise any and all rights and privileges of the Owner of the encumbered Lot, including without
limitation the right to vote in the Association to the exclusion of the Owner" exercise of such
rights
10 4 Mortgagee as Owner At such time as a Mortgagee, or any successor or assign
thereof, shall become the record owner of a Lot,the Mortgagee or successor assign shall be
subject to all terms and conditions of this Declaration, including the obligation to pay for all
assessments and charges in the same manner as any Owner
o. 10.5 .Mortgagee's Title Free and Clear of Liens A Mortgagee acquiring title to a Lot
through foreclosure or deed in lieu thereof shall acquire title to the encumbered Lot free and
�+ clear of any hen arising from this Declaration to secure payment of any assessment which
become due but was unpaid prior to the Mortgagee's acquiring title The Association shall treat
any such unpaid assessments against a Lot as a Common Expense and shall prorate such unpaid
o assessments among the remaining Lots and each remaining Lot shall be liable for its prorated
share in the same manner as any other assessment
10 6 Survival of Assessment Obligation After foreclosure,any unpaid assessment shall
continue to exist and remain a personal obligation of the Owner against whom the same was
assessed, and the Association shall use reasonable efforts to collect the same from such Owner.
10 7 Subordination of Assessment Liens The liens for assessments provided in this
Declaration shall be subordinate to the lien of any Mortgage placed upon a Lot by a Mortgagee
as a construction loan, security interest, or a purchase price security interest, and the Association
upon demand will execute a written subordination document to confirm the Mortgagee's priority
The sale or transfer of any Lot shall not affect the assessment liens provided for in this
Declaration except as otherwise specifically provided herein,and in the case of a transfer of a
Lot in foreclosure to a Mortgagee, assessment liens shall arise against the Lot for any assessment
payments coming due after the date of completion of the foreclosure or deed in lieu thereof
ARTICLE 11 INDEMNIFICATION
Each member of the Board (and Declarant while exercising authority of the Board during
the Development Period),and any agents thereof, shall be indemnified by the Association
against all expenses and liabilities(including attorneys' fees and cots)reasonably incurred by or
imposed in connection with any litigation or other proceeding by reason of such individual's
holding a position or office This indemnification shall apply whether or not such person holds
that position at the time the expense or liability is incurred,except to the extent such expenses or
liabilities are covered by insurance and except where such person is adjudged guilty of willful
misfeasance in the performance of his/her duties However, in the event of a settlement,the
indemnification shall apply only when the Board approves such settlement and reimbursement as
being in the best interests of the Association.
ARTICLE 12. INSURANCE, LOSSES, CONDEMNATION
12 1 Insurance Coverage The Board may procure for the Association, and maintain,as
a Common Expense one or more policies of insurance as follows (a) insurance against property
loss or damage by fire or other hazards to the Facilities, (b) general comprehensive liability
insurance for the Association,the Owners,Declarant, and any agents, guests, invitees, licensees,
or others, incident to the use and ownership of the Facilities,(c)fidelity coverage naming the
Association to protect against dishonest acts by the Board or any officers,agents, or other
persons responsible for handling Association funds, (d) worker's compensation insurance to the
extent required by applicable laws, and (e)any other insurance the Board deems advisable
12 2 Casualty Losses In the event of substantial damage or destruction of any of the
Facilities,the Board shall provide notice to the Owners and all applicable insurance proceeds for
o. the damage or destruction shall be paid to the Association for repair, replacement,or other
disbursement as determined by the Board
12 3 Condemnation In the event any part of the Facilities is sought to be acquired by
eminent domain or other proceedings,the Association shall give prompt notice thereof to the
Owners All compensation, damages, or other proceeds shall be paid to the Association
cam,
ARTICLE 13 LIMITATION OF LIABILITY
So long as a member of the Board, Declarant or any managing agent has acted in good
faith,without willful or intentional misconduct, upon the basis of information and possessed by
such persons, then that person shall not be personally liable to any Owner, the Association, or to
any other person for any damage,loss,or claim on account of any act,omission, error, or
negligence of such person, except this section shall not apply to the extent such acts,omissions
or errors are covered by the Association's insurance
ARTICLE 14 GENERAL PROVISIONS
14 1 Enforcement The Association,the Declarant, and each Owner subject to this
Declaration shall have the nght to enforce by any proceedings at law or in equity all rights,
duties, obligations, covenants and easements now or hereafter imposed by the provisions of this
Declaration, but the Declarant's right to enforce this Declaration shall terminate at such time as
Declarant shall cease to be the Owner subject to these.covenants Failure by the Association or
Declarant to enforce any right, duty, obligation or covenant herein contained shall in no event be
deemed a waiver of the right to do so thereafter In the event of legal action to enforce these
covenants or the terms and conditions herein,the prevailing party shall be entitled to recover
court costs, reasonable attorneys' fees and any other expenses of litigation.
14 2 Successor Declarant The Declarant reserves the right to transfer all of its rights as
Declarant hereunder to a licensed contractor, as a Successor Declarant, in conjunction with the
Declarant's transfer to such licensed contractor of all of Declarant's interest in the Lots prior to
completion of any residences thereon The Successor Declarant shall have all of the rights and
duties of the Declarant hereunder
14 3 Binding on Successors. The Covenants shall run with the Property and apply to and
bind the successors and assigns in interest and all parties having or acquiring any right,title or
interest in the Property or any portion thereof
14 4 Amendment The Covenants of this Declaration shall run with the Property or any
portion thereof This Declaration may be amended during the Development Period by the sole
signature of the Declarant After the Development Period,this Declaration may be amended by
an instrument signed by not less than sixty-seven(67%) percent of the Owners of all Lots Any
amendment must be recorded before it is effective In no event shall any amendment derogate
from the conditions imposed by the City of Renton's conditions,relating to the Facilities, as part
of the final plat procedure
14 5 Interpretation Use of the singular herein shall include reference to the plural, and
vice versa,and use of the masculine gender shall include reference to the feminine gender The
captions in this Declaration are inserted only as a matter of convenience and for reference, and in
o no way describe,define, or limit the intent of this Declaration The captions are not to be used in
interpreting this Declaration
14 6 Severability Invalidation of any one of the provisions herein by judgment or court
order shall not in any way affect any other provision which shall remain in full force and effect
DATED this 23'day of 4.1t-A ci1".: ,2000
DECLARANT
GREGORY DEVELOPMENT COMPANY
B
Y
Grego L. Steinhauer, President
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EXHIBITS
A—Legal Description of Property s�•mmellAre
,ss
STATE OF WASHINGTON) _. .NOTARY .%4
COUNTY OF KING )ss . sIa PUBLIC l C t
7 • :01�
On this i- day of M .c ,2000, 6r 4.03tary Public in and for the
State of Washington, personally appeared Gregory L Ste iili !'�'r, personally known to me(or
proved to me on the basis of satisfactory evidence)to be the person who signed the instrument,
on oath stated that he was authorized to execute this instrument as the President of Gregory
Development Company,the corporation that executed the instrument, acknowledged the said
instrument to be the free and voluntary act and deed of said corporation for the uses and purposes
therein mentioned, and on oath stated that he was duly elected, qualified and acting as said
officer of the corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written
n•
Pnnted Name rZr . C i 4,40
NOTARY PUBLIC in and for the State
Of Washington,residing at Stivr v�
My Appointment Expires. 1•s
EXHIBIT A
Legal Description of Property
PARCEL A:
L
co
The North 266 32 feet of the East 142 30 feet of Tract 267, C D Hillmans' Lake Washington
Garden of Eden Addition to Seattle, Division No 4,according to the Plat thereof recorded in
- Volume 11 of Plats,page 82, in King County, Washington,
Except the North 20 00 feet lying West of the East 102 30 feet thereof conveyed to the City of
Renton for road purposes under King County RecordingNo 6660996,
, (Also known as Lot 2, City of Renton Lot Line Adjustment No LUA-97-003, recorded under
King County Recording No. 9702129004, being a portion of Lots 1 and 2 of City of Renton
Short Plat No SHPL-077-89, recorded under King County Recording No 9007279001)
PARCEL B:
n).
The North 266 32 feet of Tract 267, C D Hillman's Lake Washington Garden of Eden addition
o
o to Seattle, Division No 4, according to the Plat thereof recorded in Volume 11 of Plats,page 82,
`-` in King County Washington,
Except the East 142.30 feet thereof,
o Except the North 20 00 feet lying West of the East 102.30 feet thereof conveyed to the City of
n Renton for road purposes under King County Recording No. 6660996,
o:
o,4• And ,
r
The North 13.69 Feet of the West 98 96 feet of Lot 1 of City of Renton Lot Line Adjustment
No LUA-97-003, recorded under King County recording No 9702129004
Also Known as Lot 3 of City of-Renton Lot Line Adjustment No LUA-99-046, Recorded under
King County Recording No 9904219003, being a'portion of Lots 1 and 3 City of Renton Short
Plat No SHLP-077-89, Recorded under King County Recording No 9007279001.
0
0
c".1
Q
CNS
STATE OF WASHINGTON} •
County of King}
The Director of Records&Elections,King County,State of '
Washington and exofficio Recorder of Deeds and other -�
Instruments,do hereby certify the foregoing copy has been ••
compared with the original instrument as the same appears
on file and of record in the office,and that the same is true •
and perfect transcript of said original and of the whole thereof. •
Witness my hand and p ic' I seal this day
of A� 111
Director of Records&Elections
ay .
Deouty
..s.c4 ""'"- ) CITY OF RENTON
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ADDRESS SERVICE REQUESTED UNDELIVF§ABLE 7158401 u.s. PosiAGE .0
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Mr. Gregory L. Steinhauer, President
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•4% CITY( F RENTON
NA N City Clerk
Jesse Tanner,Mayor Marilyn J.Petersen
March 22, 2000
Mr. Gregory L. Steinhauer, President
Gregory Development Company
i man v 93i1 36 . V 11 a67
Issaquah-, WA 98027 A,e t . £ . `74 9 go c/o .
Re: Monterey Heights Final Plat; File No. FP-00-023
Dear Mr. Steinhauer: .
At the regular Council meeting of March 20, 2000, the Renton City Council adopted
Resolution No. 3446 approving the referenced final plat. The plat approval was
conditioned upon the payment of plat fees, execution of the easement on the City's
standard form, and completion of all restoration improvements prior to recording of the
plat mylar.
Enclosed is a copy of Resolution No.3446 for your records. Please contact Arneta
Heninger, Development Services Division, at 425-430-7298 for information regarding
satisfaction of the conditions.
Sincerely,
.nJ
Marilyn rsen
City Clerk/ able Manager .
cc: Mayor Jesse Tanner .
Council President Randy Corman
Arneta Heninger, Development Services Division V
•
•
1055 South Grady Way - Renton;-Washington 98055 (425)430-6510 /FAX(425)430-6516
C• This paper contains 50%recycled material,20%post consumer
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CITY OF RENTON, WASHINGTON
RESOLUTION NO. 3 4 4 6
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
APPROVING FINAL PLAT (MONTEREY HEIGHTS; FILE NO. LUA 00-
023FP).
WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract
of land as hereinafter more particularly described, located within the City of Renton, has
heretofore been duly approved by the Planning/Building/Public Works Department; and
WHEREAS, after due investigation the Administrator of the PlanningBuilding/Public
Works Department.has considered and recommended the approval of said final plat, and such
approval being deemed proper and advisable and in the public interest; and
WHEREAS, the City Council has determined that appropriate provisions are made for
the public health, safety, and general welfare and for such open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and
recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including
sidewalks and other planning features that assure safe walking conditions for students who only
walk to and from school; and
WHEREAS, the City Council has determined that the public use and interest will be
served by the platting of such subdivision and dedication;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. The final plat heretofore submitted and approved by the
Planning/Building/Public Works Department pertaining to the following described real estate, to
wit:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth
(Property, 1.5 acres, is located in the vicinity of N.E. 14th Street and Monterey
Avenue,N.E.)
1
RESOLUTION NO. 3 4 4 6
be and the same is hereby approved as such plat, subject to the laws and ordinances of the City of
Renton, and subject to the findings, conclusions, and decision of the Planning/Building/Public
Works Department dated March 10, 2000.
PASSED BY THE CITY COUNCIL this 2 0 th day of March , 2000.
Marilyn rsen, City Clerk
APPROVED BY THE MAYOR this 2 0 th day of March , , 2000.
Je Tanner,Mayor
•
Approved as to form:
Lawrence J. Warren, City Attorney
RES.784:3/14/2000:as.
2
r
EXHIBIT A
•
Legal Description of Property •
PARCEL A: •
The North 266.32 feet of the East 142.30 feet of Tract 267, C.D. Hillmans' Lake Washington
Garden of Eden Addition to Seattle, Division No. 4, according to the Plat thereof recorded in
Volume 11 of Plats, page 82, in King County,Washington;
Except the North 20.00 feet lying West of the East 102.30 feet thereof conveyed to the City of
Renton for road purposes under King County RecordingNo. 6660996;
(Also known as Lot 2, City of Renton Lot Line Adjustment No. LUA-97-003, recorded under
King County Recording No. 9702129004, being a portion of Lots 1 and 2 of City of Renton
Short Plat No. SHPL-077-89, recorded under King County Recording No. 9007279001).
PARCEL B:
. The North 266.32 feet of Tract 267, C.D. Hillman's Lake Washington Garden of Eden addition
to Seattle, Division No. 4, according to the Plat thereof recorded in Volume 11 of Plats, page 82,
in King County Washington;
Except the East 142.30 feet thereof;
Except the North 20.00 feet lying West of the East 102.30 feet thereof conveyed to the City of
Renton for road purposes under King County Recording No. 6660996;
And
The north 13.69 feet of the west 98.96 feet of Lot 1 of City of Renton Lot Line adjustment No '
LUA-97-003 recorded under King County Recording No. 9702129004, in King County,
Washington;
(also known as Lot 3, City of Renton Lot Line Adjustment No. LUA-97-003, recorded under •
King County Recording No. 9702129004, being a portion of Lots 1 and 3 of City of Renton
Short Plat No. SHPL-007-89, recorded under King County Recording No. 9007279001).
•
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CITY OF RENTON COUNCIL AGENDA BILL
AI#:
Submitting Data: Planning/Building/Public Works For Agenda of: March 20, 2000
Dept./Div/Board.. Development Services Division
Staff Contact Arneta Henninger x7298 Agenda Status
Consent X
Subject: Public Hearing...
MONTEREY HEIGHTS FINAL PLAT Correspondence..
File No. LUA 00-023FP Ordinance
1.5 acres located in the vicinity of NE 14th St and Resolution X
Monterey Av NE Old Business
Exhibits: New Business
1. Resolution and legal description Study Sessions
2. Staff report and recommendation Information
Recommended Action: Approvals:
Legal Dept X
Council concur with staff recommendation and adopt the Finance Dept
resolution. Other
Fiscal Impact: N/A
Expenditure Required... Transfer/Amendment
Amount Budgeted Revenue Generated
Total Project Budget City Share Total Project..
Summary of Action:
The recommendation for approval of the referenced fmal plat is submitted for Council action. This plat
divides 1.5 acres into 10 single family residential lots. All construction has been approved and accepted.
All conditions placed on the preliminary plat by City Council have been met. All fees shall be paid prior to
the recording of the plat.
STAFF RECOMMENDATION:
Approve the Monterey Heights Final Plat, LUA 00-023FP, with the following condition and adopt the
resolution.
1. All plat fees shall be paid prior to the recording of the plat.
DEVELOPMENT SERVICES DIVISION
BUILDING/PLANNING/PUBLIC WORKS .
CITY OF RENTON
STAFF REPORT AND RECOMMENDATIONS .
APPLICANT: Gregory Development Company
Gregory Steinhauer •
Monterey Heights Final Plat •
File: LUA 00-023FP
LOCATION: NE 14th St and Monterey'Av NE
Section 5,Twp.23 N.Rng. 5 E.
SUMMARY OF REQUEST: Final Plat for 10 single family residential lots
with a watermain, •sanitary sewer, storm
drainage,streets and lighting. 0
RECOMMENDATION: Approve With Condition
FINDINGS,CONCLUSIONS&RECOMMENDATION
Having reviewed the record documents in this matter,staff now makes and enters the following:
FINDINGS: .
1. The applicant, Gregory Development Company, filed a request for approval of a 10 lot Final
Plat.
2. The yellow file containing all staff reports, the State Environmental Policy ,Act (SEPA)
documentation and other pertinent materials was entered into the record as Exhibit No. 1:
3. The Environmental' Review Committee (ERC), the City's responsible official, issued a
Determination of Non-Significance-Mitigated on October.19, 1998 for the subject proposal. •
4. The subject proposal was reviewed by all departments with an interest in the matter.
. 5. The subject site is'located at NE 14th St and Monterey Av NE. The subject site is located on.the •
south side of NE 14th St. The new plat is located in Section 5,Twp:23 N.Rng. 5 E.
6. The subject site is a 1.5 acre parcel: The subject site is nearly rectangular. The parcel is
approximately 260 feet long(north to south)and approximately'252 feet wide.
• 7. , The subject site was annexed into the City of Renton with the adoption of Ordinance No. 1827 . .
enacted in May 1960. The Preliminary Plat was approved by the City' Council on
January 11, 1999.
8. The site has a R-8 (Single Family) land use zoning, with the adoption of Ordinance 4404 '
enacted in June 1993.
9. The Final Plat complies with both the Zoning Code and the Comprehensive.Plan.
10. The Preliminary Plat was subject to a number of conditions as a result of both environmental
review and plat review. The applicant will comply with the conditions imposed by the ERC:
1) The Park's Mitigation Fee will be paid prior to the recording of the plat.
2) The Traffic Mitigation Fee will be paid prior to the recording of the plat.
3) The Fire Mitigation Fee will be paid prior to the recording of the plat. •
11. In addition, the applicant has complied with the conditions imposed as,a result of Preliminary
Plat: •
1) Applicant will comply with the above noted ERC conditions.
CONCLUSIONS:
The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and
therefore should be approved by the City Council.
RECOMMENDATION:
The City Council should approve the Final Plat with the following condition:
1) All plat fees shall be paid prior to the recording of the plat.
SUBMITTED THIS 10TH DAY OF MARCH,2000 ',
•
DEVELOPMENT SERVICES DIVISION
•
MONTHTSFP.DOG S
2
r•
EXHIBIT A
•
Legal Description of Property
PARCEL A:
•
The North 266.32 feet of the East 142.30 feet of Tract 267, C.D. Hillmans' Lake Washington
Garden of Eden Addition to Seattle, Division No. 4, according to the Plat thereof recorded in
Volume 11 of Plats,page 82,in King County,Washington;
Except the North 20.00 feet lying West of the East 102.30 feet thereof conveyed to the City of
Renton for road purposes under King County RecordingNo. 6660996;
(Also known as Lot 2, City of Renton Lot Line Adjustment No. LUA-97-003, recorded under
King County Recording No. 9702129004,being a portion of Lots Land 2 of City of Renton
Short Plat No. SHPL-077-89, recorded under King County Recording No. 9007279001).
PARCEL B:
The North 266.32 feet of Tract 267, C.D. Hillman's Lake Washington Garden of Eden addition
to Seattle, Division No. 4, according to the Plat thereof recorded in Volume 11 of Plats, page 82,
in King County Washington;
Except the East 142.30 feet thereof;
Except the North 20.00 feet lying West of the East 102.30 feet thereof conveyed to the City of
Renton for road purposes under King County Recording No. 6660996;
And
The north 13.69 feet of the west 98.96 feet of Lot 1 of City of Renton Lot Line adjustment No
LUA-97-003 recorded under King County Recording No. 9702129004, in King County,
Washington;
(also known as Lot 3, City of Renton Lot Line Adjustment No. LUA-97-003, recorded under
King County R_ecording No. 9702129004, being a portion of Lots 1 and 3 of City of Renton
Short Plat No. SHPL-007-89, recorded under King County Recording No. 9007279001).
•
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CITY OF RENTON LAND USE
MONTEREY HEIGHTS LANDaRVECONO D NO.ALND 0 35F!
A Replat of City of Renton Short Plat SHPL-on-89 According to Lot Line
Adjustments LUA-97-003—LLA and LUA-99-046—LLA in the SW 1/4 of the. SE 1/4 of Section 5.
Twp. 23N. Rng. 5E. W.i.4.. City of Renton. King County. Washington
DEINGAIlQN CITY OF RENTON APPROVALS
11NOW ALL PEOPLE BY THESE PRESENTS THAT WE THE INIDER90NE0 GONERS OF MEREST IN THE •IN • ; .II • , ,.,I .a :.,` .. •:u .•I
LAND HEREBY SUBDIVIDED.HEREBY DECLARE THIS PLAT TO BE THE GRAPMC REPRESENTATION OF EXAMNED AND APPROVED THIS DAY OF . 20
THE SUBDPASION MADE HEREBY.AND DO HEREBY DEDICATE TO THE USE OF THE PUBLIC FORMER
AU.STREETS NO AVENUES NOT SHOVMI AS PRIVATE HEREON AND DEDICATE THE USE THEREOF
FOR ALL PUBLIC PURPOSES NOT INCONSISTENT NTH THE USE THEREOF FOR PUBLIC HIGHWAY ADMNISIRATOR
PURPOSES.AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FITS UPON CONNi
THE LOTS SH INN HEREON IN THE ORIGINAL
REASONABLE CRAZING OF SAID STREETS AND AVENUES,
NO FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL EASEMENTS AND TRACTS SHOWN ON EXAMINED AND APPROVED THIS DAY OF . 20
THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON.INCUR:MG BUT NOT LIMITED TO
PARKS.OPEN SPACE.UTLUTES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE
SPECIFICALLY DENTFIED ON THIS PLAT AS BONG DEDICATED OR CONVEYED 10 A PERSON OR MAYOR
ENTITY OTHER THAN PUBLIC EXAMINED AND APPROVED THIS DAY OF 20
GERIELGENZI a 1Y CLERK,ATTEST
KNOW ALL PEOPLE BY THESE PRESENTS THAT HE.THE UNDERMINED OWIDRS IN FEE STIFLE of (y1Y OF NINON FINAMOF IIRMIERS CINITTCATF
THE LAND HEREBY CERTIFY THAT WE HAVE ESTABLISHED A HOLEOTER'S ASSOCIATION N I HEREBY CERTFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS
ACCORDANCE NTH WASFMWTON STATE LAW WNIOI IDENTIFIES EACH LOT OF MIS PLAT AS A AND AIL SPECIAL ASSESSMENTS ON ANY OF THE PROPERTY.HEREIN CONTAINED.
UNION OF SAID HOMEOWNERS ASSOCIATION RECORDED UNDER 10NG COUNTY DEDICATED AS STREETS.ALLEYS OR FOR OTHER PUBLIC USE.ARE PAID N FULL
RECORDi10 NId
EXAYPED AD APPROVED TINS DAY OF . 20
FIOUEOWNERS ASSOCIATION
FINANCE DIRGCTOU
001p"A`BAN( KING COUNTY APPROVALS
ACKNOWLEDGEMENTS
IOHO EDIT .ICY OF OM C BTT GATE
STATE OF WASHINGTON
SS. I HEREBY CERTFY THAT ALL PROPERLY TAMS ARE PAID. THAT THERE ARE NO DEINIQUENT
COUNTY OF TRW ) SPECIAL ASSESSMENTS CERTIFIED TO INS OFFICE FOR COLLECTION AND THAT ALL SPECIAL
ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COUECIHON ON ANY OF ME PROPERTY
HERON CONTAINED.DEDICATED AS STREETS.ALLEYS CR FOR ANY OTHER PUBLIC USE.ARE
THIS LS 10 CERTFY THAT ON iHLIS-DAY OF .20 BEFORE ME, THE PAD II FULL THIS DAY OF .20 .
UNDERSIGNED.A NOTARY PUBLIC.PERSONALLY APPEARED MANAGER.FINANCE gVISHON
DEPUTY
OF
HGLEONIF R'S ASSOCIATION
4AT MEWED THE FOREGOING DEDICATION.AND VINO AOCNOWIIDGED TO YE EXAMINED AND APPROVED THIS DAY OF 20
THE SAID NS1RINETIT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID
KING CUR TY ASStS,Qi
ASSOCIATION.FOR THE USES AND PURPOSES THREW IENTIOED,AND ON OATH STATED
THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE SAID NSiRULENT.
WITNESS MY HAND AND OFFICIAL SEAL THE DAY AND YEAR RUST ABOVE WAITiEI. RECORDING CERTIFICATE
NOTARY PUBLIC N ND FOR THE STATE W FLED FOR RECORD AT THE REQUEST OF THE CITY CI'RENTON NHS_DAY OF
.20_. AT MINUTES PAST Y. NO RECORDED IN
WASHNGTON.RESIDING AT VOLUME Cr PLATS.PAGE(S) RECORDS O O NG
STATE OF WA1A/OTON COUNTY.WASHNOION.
sB. DIVISION O RECORDS NO ELECTIONS
COUNTY W MONO )
iNS IS TO CERTFY THAT ON THIS-DAY OF 20--SORE YE.NE MANAGER SUPERNIEHOOIT W RECORDS
UNDERSIGNED.A NOTARY PUBLIC.PERSONALLY APPEARED RECORDING NO,
TITLE O CORPORATION
THAT EXECUiED THE FOREGOING DEDICATION.AND WINO AONOWLEDOED TO ME
TIE SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT APO DEED O SAID �����W�
CORPORATION,FOR THE USES AND PURPOSES THEREIN MENTIONED. AND ON OATH STATED SURVEYOR'S OR'S CERTIFICATE _
THAT HIE/SHE WAS AUTNORDE)TO E7ECUTE THE SAID INSTRUMENT. 1 HOTESY CERTFY THAT THIS PLAT OF MONTEREY HEIGHTS TS BASED UPON NI
ACTUAL SURVEY AND SUBDIVISION O SECTION A,TOWNSHIP yL NORTH.RANGE A_EAST.,
WITNESS MY HAND MD OFFICIAL SEAL NE DAY AND YEAR FIRST ABOVE WNBTTEN. PLY.,THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON; THAT THE
MONUMENTS 11NL BE SET AND THE LOT AND BLOCK CORNERS WWII. BE STAKED CORRECTLY
NOTARY FUSING IN AND FIR THE STATE OF THE
TIE GROUND AS CONSTRUCTION IS COMPLETED AND THAT I HAVE FULLY COUPLED NTH
1HE PROVISIONS OF THE PLATTING REGULATIONS.
WASH INGTON.REDOING AT
M A.
6 w•••, CI( YNCER.PROFESSIONAL LAND
STATE OF W N ) . ,.• •. SURVEYOR. CERTIFICATE NO.19666
•
COUNTY OFlO KING ,5)
MS IS TO CERTFY THAT ON TM_DAY W 20 BEFORE ME,THE
UNDERSIGNED.A NOTARY PUB C.PERSONALLY APPEARED ���;;�; o� D.R. STRONG
TI ILE E CORPORATOR DIM=•P MNITO.SURVEYORS
THAT EXECUTED THE MEWING DEDICATION.AND WH0 AQONOWIWCED TO ME flps/
THE SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID
CORPORATION.FOR THE USES APO PURPOSES THEREIN MOTIONED. AND ON OATH STATED RESTRICTION$ INN IN Mt 101
HUT HE/SHE WAS AUTHORIED TO EE SAID INSTRUMENT.THE STRUMENT. MUM M WANON
NO LOT CR PORTION C A LOT N IRIS PLAT SHALL FL(419 110-30117 Pm(IN)IN-II
WITNESS MY HAND AND OFFICIAL SEAL THE DAY AND YEAR FAST ABOVE%INTI N. BE DIVIDED a IRP
AND So OR RESOLD OR OWIERS
CHANGED OR TRANSFER D MNEREBY THE
OWIERIED A ANY PORIKN W THIS PLAT SHALL E,.NW� pN..plpp,..I,GpN
NOTARY PUBLIC IN AND FOR THE STATE OFBE LESS THAN THE AREA REQUITED FOR THE USE DATE: 03/09/00 JOB No. 98-17
IN WIN DISTRICT CH LOCATED.
WA9NINORN.RESIDING AT DRAWN BY: VJB SHEET 1 OF
•
CITY OF RENTON LAND USE
M O N T E R EY HEIGHTS , ACTLAND'RtECO D NO. LAID-110 o0 35'
•
A Replat of City of Renton Short Plot SHPL-077-89 According to Lot Line
Adjustments LUA-97-003-LLA and LUA-99-046-LLA in the SW 1/4 of the SE 1/4 of Section 5.
Twp. 23N. Rng. 5E. W.M.. City of Renton, King County. Washington
LEGAL DESCRIPTION
THE NORTH 2E1.32 FEET OF TIE EAST 14230 FEET OF TRACT 297.
C.D.HUMAN'S LANE WASHHNGTON GARDEN OF EDEN ADDITON TO - ' '
REVISION
CCI DED d INURE 11 OF PLATS.PAGE ea N KNO=uTM CONTROL SCHEME
WASIINGTON;
EXCEPT THE NORTH 20.00 FEET LYING HEST OF THE EAST 102.30 (NOT TO SCALE)
FEET THEREOF CONVEYED TO THE CITY OF RENTON FOR ROAD I
PURPOSESUOEt TONG COUNTY RECORDING NO.9E90996
2,CITY OF RENTON LOT UNE ADJUSTMENT ) '
NO.WA 97-003.WN ASLRECORD D UNDER KING COUNTY RECORDING N0. ---OT I
9702129004.BEING A PORTION OF LOTS 1 AND 2 OF CITY OF
RENTON SNORT PLAT N0.SIPL-077-E0.RECORDED UNDER KING. --------
000NTY RECORDING NO.9007270001). SURVEYOR S NOTE
THE BEARING O1 N8933'18'W BASS OF BEARIG)WAS
PROIONOED HEST AS THE CEI OF RIGHT-OF-WAY
2A8¢1, JIM
FOR N.E. 12TH STREET. 1HE PROLONGATION AGREED.
HITHN ACCEPTABLE TOLERANCES.WTH THE FOUND CORNER
TIE NORTH 298.32 FEET OF TRACT 287.C.D.HIULAN'S LANE MONUMENTS SET BY KEN OYLER FOR THE SHORT PLAT AND
WASHNGTON GARDEN OF EDEN ADDITION TO SEATTIE.DIVISION NO. LOT LIE ADJJSTMENT FILED UNDER RECORDING NUMBER
4,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF 11111 9702129004.
PLATS.PAGE 82,N KING COUNTY,WAS I NGTONN, THE BEARING OF N8952.24'W AS SHOWN ON THE RECORDED
EXCEPT THE EAST 14230 FEET THEREOF; LOT LIE ADJUSTMENT.F PROLONGED HEST FROM THE
E70CERT THE NORTH 2O.00 FEET LYING VEST OF THE EAST 102.30 S89'29.2r. MONUMENT(CITY OF RENTON C.P.N.57)AT THE S.E.CORNER
FEET TiHE)EOF CONVEYED TO THE CITY OF RENTON FOR ROAD 98.96 OF SECTION 6-23-5E HAl1LD INDUCE AN ERROR OF 30.0'IN A
PURPOSES DOER HONE COUNTY RECORDING NO.9990995; NORTH)/$OOUU17HH DIRECTION. THE RECORD ANGLES HERE HELD FOR
• • THE E'STANUSEN F. MT OF THE PLAT BOUNDARY.
AND THE ROTATIONAL DIFFER BETHETI RECORD PLAT BEARINGS
THE NORTH 13.99 FEET OF THE HEST 95.09 FEET OF LOT 1 OF CITY AND BEARINGS AS SHOWN ON THIS MAP Is axone.
OF RENTON LOT UNE ADJUSTMENT No.WA-97-003.RECORDED 0
-
UNDER KING COUNTY RECORDING NO.9702129004.) % 20' WIDE PUBLIC
(ALSO �/�e.LOr��OU ER�1 COUNTYW UTUTY EASEMENT Z U
CITY OF La ,
RENTON LOT3. LIE ADJUSTMENT No,WA-97-003,RECORDING NO. ,
AND 3OF
`1 '(0_
1
LDER ROD COUNTY RECORDING NO.9702129004.) (0•%c N Q
m• in al
on%on �I
Z Z gI N09)S3'11Y'w(BASIS OF BEARING)i
-- N.E. 12TH ST. -I----- co, 1325.22 :11Y OF RENTON)I
-T- _._.c_ 1?L_---- �----- 132e.21•(MSDh32a3o1P) '
RESTRICTIONS _SH9.33,8"r----_---- FOUND MONUMENT FOUND
COPPER TACK LEAD. WM 3' ED AND
AND 11•E.OF X.B'S.OF INTERSECTION
COVENANTS.CONDITIONS AND RESTRICTIONS IMPOSED BY NSINIMENT RECORDED I 9'S.INTERSECTION OF N.E. 12TH
2TH ST. AND MN
ON AUGUST 14 TORS,UNDER RECORDING NO.800IN00192 I ST. AND ABERDE}N AVE N.E. MERE TVISITED 77-0B-96
ALL COVENANTS.CONDITI NS.RESTRICTIONS.RESERVATIONS.EASEMENTS OR VISITED 7-09-98 (CITY OF RENTON C.P.N.��
(CITY OF RENTON C.P.N.71)
OTHER SERVITUDES,F ANY.ERCLOSD BY CITY OF RENTON SHORT PLAT NO.
SHPL-077-119.RECORDED URGER IMO COUNTY RECORDING NO.9007279001. N 189493.1872 N 1864328653
ALL COVENANTS.CONDITIONS.RESTRICTIONS.RESERVATIONS.EASEMENTS OR
E 1304096.212 E 1300190 309
OTHER SERVITUDES.F ANY.DISCLOSED BY CITY OF RENTON LOT UNE ADJUSTMENT NO.
WA-97-003-U.A.RECORDED UNDER K110 COUNTY RECORDING NO.0702120004.
ALL COVENANT$CONDITIONS,RESTRICTI NS.RESERVATIONS.EASEMENTS OR
OTHER SERVITUDES.F ANY.DISCLOSED BY CITY OF RENTON LOT LINE ADJUSTMENT NO. -
WA-99-048-U.A.RECORDED UNDER KING COUNTY RECORDING NO.9904219003.
EASEMENT PROVISIONS PLAT NOTES
AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOLID ENERGY COMPANY. BASIS OF DEARING FOR THIS SURVEY IS THE
U.S.VEST COMNINCATIONS.GROUP W CABLE T3ENSON AND CITY OF RENTON(SEWER WATER MONUMETNTD CEITERLOE Cr N.E.12TH STREET ,:,,,,AND SDEWNJC. AND THEIR RESPECTIVE SUCCESSORS ME ASSIGNS.UNDER NO UPON THE FROM EDMONDS AVE N.E(CITY 0r RENTON .•EXTERIOR MEN FEET PARALLEL VITH AND ADJO[MIG THE STEET FRONTAGE OF ALL LOTS N S.C.N.PONT NUMBER 57)TO ABERDEE N AVE.WIND TO NSTALL.LAY.CONSTRUCT.RENEW,OPERATE AND MANTAIN SDEWAU(AND N.E.(CITY OF!EN10N S.C.N.PONT NUMBER 71)
UNDERGROUND CONDUITS,MANS,CABLES AND WIRES WITH NECESSARY FACIUTES AND OTHER BONO NB93.Y19'WF.
EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WTI ., ,�..
ELECTRIC.TELEPHONE.GAS MO UTTUTY SERMCES. TEETER WT1H THE RIGHT TO ENTER MOMENT: .,.,i•//
UPON THE LOTS AT ALL TIMES FOR THE PURPOSE HEREIN STATED. ALSO EACH LOT SHALL BE F TOTAL STATION USED(AIL PHASES) avti Lao
SUBJECT ID MD EASEMENT 2.5 FEET IN VDTH.PARALLEL W1H NO ADJACENT TO ALL ALL EQUIPMENT MAINTAINED IN ADJUSTMENT TO
INTERIOR LOT LIES FOR TIE PURPOSES OF*MUTES AND DRAINAGE THESE EASEMENTS MANUFACTURER SPECETCATIONS RECENT
ENTERED UPON FOR THOSE PURPOSES SHALL BE RESTORED AS NEAR POSSIBLE TO TER DISTANCE MEASUREMENT COMPARISON ADJUSTMENT
OMENAL CONDITWN. TO NGS(SAND POINT)BASELINE M .1998.
NO LINES OR VMS FOR THE TRANSMISSION OF ELECTRIC OR FOR TELEPHONE USE.OR FOR PROS
CABLE Ti REVISION,FIRE OR PITUCE SIGNALS.OR OTHER PURPOSES,SHALL BE PLACED OR FIELD TRAVERSE METHOD MEETS OR EXCEEDS MINIMUM D.R. STRONG
SONG
PERMITTED TO TO BE PLACED UPON ANY LOT OUTSIDE THE BUILDING DING THEREON UNLESS I1EI
ESS THE SAME REQUQITs N RD ya
m N me 332-130.
SHAM BE UNDERGROUO OR N CONDUIT TO THE BUILDING
amputate W Ina
PRIVATE DRAINAGE EASEMENT6
LOT
CORNERS ELL BE STAKED ON TIE GROUND D MANNERS/B'RE AR WITH SURVEYOR'S YflLOW PLASTIC CAP
THE DRAINAGE FACILITIES LOCATED WT1 N THE PRIVATE EASEMENTS SHOVE ON THE PLAT STAMPED VAN SURVEYOR'S CERTIFICATE NUMBER 19689. MO
SHALL BE OWED.OPERATED, AND MAINTAINED BY HE HOMEOWER'S ASSOCIATION CREATED
FOR THIS PLAT. THE HOMEOWNER'S ASSOCIATION SHALL BE ESTABUSHED IN ACCORDANCE WTH 10104 NE]IF FIAeS UM 101
M119#1610N STATE LAW. MGT
(�)�- Fr,M m-14t7
THE CITY OF RENTON SHAM HAVE THE WONT TO ENTER SAID EASEMENTS TO REPAIR ANY [ i IR .ORI
DETCI NCIES OF TIE DRAINAGE FACILITY IN THE EVENT THE OWNER(S)IS/ARE MOMENT RI DATE: 3/09/00 JOB No. 98-17'
THE MAINTENANCE OF THE DRANA E FAciunES. THESE REPAIRS SHALL BE AT THE OHNE TS
COST.
DRAWN BY: VJB SHEET 2 OF
•CITY OF RENTON LAND USE
MONTEREY HEIGHTS LAND'ECO D NO.LN°°o°o35F
•
A Replat of City of Renton Short Plat SHPL-077-89 According to Lot Line
Adjustments WA-97-003—LLA and LUA-99-046—LLA in the SW 1/4 of the SE 1/4 of Section 5".
Twp. 23N. Rng. 5E, W:M..• City of Renton. King County. Washington , . .
Q FOUND REBAR AND
W Ns10, CAP.LS. 5524
FOUND REBAR AND
• CAP,LS. 5524 Et W 0.05'SOUTH, ,
0.07'SOUTH, W .U.'• 0.06'EAST
0.13'EAST oF' • '
/• m 5'8 023 I 1 80
R N.E. 14TH ST. R z z N 8954'32' W(P) "I
N 8955'26_W _ ® W N 89'S5'26' W 2.5'- •
y _
A.F.N..S60➢OE 1 8 0.4' 102.30' -4.O' O
N 8954'32"W(P) o Exist.
N R',8955'26' W 149.96' N 144 44
r rb ` _ '
•4 79.31' 7�� 6 j 65• r9.001 LOT 1 Fence 0
_r` 37,153 SF 1320 M 76 Z
10'WOE PRNATE R-f9.50')/ �' II -V m
UTILITY EASEMENT L-30.78' 20'WOE PRIVATE Omm O SCALD r I. 40'
oLOT 10 I I ,20. y AND DRAINAGE EASEMENT I I—
05.002 SF 111.29' _ , L
95.ss 11327 I Z I0I N 89'29'27' w R.-'——= p LEGEND '
® N 89'29'27" W I'!? I e.1' Q •
10'WOE PRrvAEE LtG', I 8 LOT 2 11322 I o .'STANDARD CITY OF RENTON MONUMENT TO BE T.
g unuTY EASFIEN J n 35,5e4 sr g . Z .
5 • LOT 9 LLJ FOUND REBAR NO CAP AS NOTED
. o 'n 34.047 Ss 8 21' 21' 111.29' n 76 ' Q .CI
N I 1321 I $ N 89'29'27" W vi
98.96' W�+ m W ® FOUND MONUMENT AS NOTED .
-a-t N 8929'27' W Zio „E_ /..': N . - ,
w1 byT m N 0o8 �11.N "LOT 3 I t31e I 8- a (p) RECORD PLAT mamma
W. .f" o m N N :j 33,Se4 S W`� .
8 8 ,'�1`r LOT 8 8. Q E. ,., 0- • h1 LL
8 to`a:. *4.947 SF 8 C}W W '' 111.29' 2}. 7s 0 (MN1�YEN\SURED COMMONS ,
rg 4.0 r 11315 I 4W n N 89'29'27�W ni N
$ 98.96' S L'�N oo n ®TAX LOT NUMBER
zz N 8929'27" W P nn 8 LOT 4 z 8 Z
® 08 g :5484 s, 11310 I g_ z _ W rl HOUSE ADDRESS
8 zz _ 0
g *on s 11J00 19 g 2d 1' - 111.29' AQUIFER PROTECTION TOME
20'ME PIIBUC ---_wo 98.96' 21 1 21' �i N 8929'27'W1:1 76 Q THE LOTS CREATED HEIM FALL WITHIN ZOtE 2 OF
0 RENTON'S AQUIFER PROTECTION AREA NO ARE
U1l1TY EASEMENT o N 8929'27'W Y I LOT 5 SUBJECT TD THE REQUIREMENTS OF THE CITY OF
r.- m I :sen SF 1304 8 Z RENTON ORDNANCE NO.4367 AND AS'AMMEOED
1I� 5;—r TEMPORARY 9i 'Cl-
,-,., BY ORONNNaE NO.4740. PBS aTYs SOLE
8 I :4L,004fl I"C'T I a I —'TORNumONo r _ N SOUR,E OF DIBESONO WATER IS SUPPLE)FROM A
I ♦ ii4 I 111.30' 'CONCRETE WALL/ �- SHALLOW AQUIFER UNDER THE CITY SURFACE THERM
98,98' In N 8955'23'W 153.30' TENNIS COURT U 1...._ NO NATURAL BARRIER BMW'THE WATER TABLE GROU ND EXTREME CAPE SHOULD BE A
N 8955'26'W ei- (ON LINE) Z C.) EXERCISED WHEN HNNDUNO OF MUD SUBSTANCE
'CraED = Q OTHER THAN WATER TO PROTECT FROM CONTACT W11
THE GROUND SURFACE. IT-IS THE OER'S
•
11,1. Q WN
RESPONSBBITY TO PROTECT THE OTYS DIMING
20'WIDE PUBLICr11t
-UTIUIY FJISEMENT a r' N0
• • 'J;' W THE STORM DRAIN RETENTION VAULT AND CONTROL
STRUCTURE LOCATED N THE RIGHT-OF-WAY ARE TO
CEO CO (CD < Z BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION..
• N WW N J0 .
U r I _ .
�Q� 8 8 N Q� .- � � W �G6' %
I-- 56 nppN J J I: At
.
N 88 I— ••17,4
1 . _
_ ZZ U Q
V VI
76
• D.R. STRONG
. a,FI.Frrtiv aghwerts 41a
EMONNmTB•FLANa•IUMVE91RU
FOUND REBAR AND
CAP, LS. 5524, NIS
0.01'NORTH,
0.12' REST-
..L 252.26' _ 10p/NE�Ih 1Mll.tA/I[101
N 69'3318 W N 89'32 24 W(Pr W
I g •8 • FA(4Eg)m�Le7 (It 4lS 7-14 3
- ' I�3 • N.E. 12th St. 9-Mh m 071KMOWNu,L001
N 89'33'18' W N 89'32'24'W(P) 262.26'(P) _ 8 - 278.25'(P)_' __ - .
177.69'(Medj DATE:.3/09/00 JOB No. 98-17
•• ' FOUND CONCRETE MONUMENT WITH.1 1/2' BRASS DISK
IN CASE. 0.07'N. VISITED 7-08-98 DRAWN BY: VJB SHEET 3 OF 3
****************l Cy***********************************************
City of Renton WA Receipt
****************************************************************
Receipt Number: R0001270 Amount: 17, 350 . 10 03/13/00 12 :44
Payment Method: CHECK Notation: GREGORYDEV8830 Init: AH
Project #: LUA00-023 Type: LUA Land Use Actions
Parcel No: 334390-2522
Location: MONTEREY AVENUE BETWEEN NE 12TH AND NE 14TH ST
Total Fees : 18, 350 . 10
This Payment 17, 350 .10 Total ALL Pmts : 18, 350 . 10
Balance: . 00
****************************************************************
Account Code Description Amount
303 .345 . 85 . 00 . 00 Park Mitigation Fee 5, 307. 60
304 . 345 . 85 . 00 . 00 Fire Mitigation-SFR 4, 880 . 00
305 .344 . 85 . 00 . 00 Traffic Mitigation Fee 7, 162 .50
City of Renton InterOffice Memo
To: Larry Warren,City Attorney
From: Arneta Henninger
Date: March 10,2000
Subject: MONTEREY HEIGHTS FINAL PLAT
LUA 00-023FP
Agenda Bill and Resolution
Attached for your action is a copy of the Agenda Bill and a draft version Resolution for the
Monterey Heights Final Plat. The proposed date for consideration by the Council is March 20,
2000.
A legal description and a vicinity map are attached for reference and your use. If I may be of
assistance in expediting this request please call me at 430-7298.
CC: Neil Watts
CITY OF RENTON COUNCIL AGENDA BILL
AI #:
Submitting Data: Planning/Building/Public Works For Agenda of: March 20, 2000
Dept./Div/Board.. Development Services Division
Staff Contact Arneta Henninger x7298 Agenda Status
Consent X
Subject: Public Hearing...
MONTEREY HEIGHTS FINAL PLAT Correspondence..
File No. LUA 00-023FP Ordinance
1.5 acres located in the vicinity of NE 14th St and Resolution X
Monterey Av NE Old Business
Exhibits: New Business
1. Resolution and legal description Study Sessions
2. Staff report and recommendation Information
Recommended Action: Approvals:
Legal Dept X
Council concur with staff recommendation and adopt the Finance Dept
resolution. Other
Fiscal Impact: N/A
Expenditure Required... Transfer/Amendment
Amount Budgeted Revenue Generated
Total Project Budget City Share Total Project..
Summary of Action:
The recommendation for approval of the referenced final plat is submitted for Council action. This plat
divides 1.5 acres into 10 single family residential lots. All construction has been approved and accepted.
All conditions placed on the preliminary plat by City Council have been met. All fees shall be paid prior to
the recording of the plat.
STAFF RECOMMENDATION:
Approve the Monterey Heights Final Plat, LUA 00-023FP, with the following condition and adopt the
resolution.
1. All plat fees shall be paid prior to the recording of the plat.
DEVELOPMENT SERVICES DIVISION
BUILDING/PLANNING/PUBLIC WORKS
CITY OF RENTON
STAFF REPORT AND RECOMMENDATIONS
APPLICANT: Gregory Development Company
Gregory Steinhauer
Monterey Heights Final Plat
File: LUA 00-023FP
LOCATION: NE 14th St and Monterey Av NE
Section 5,Twp. 23 N. Rng. 5 E.
SUMMARY OF REQUEST: Final Plat for 10 single family residential lots
with a watermain, sanitary sewer, storm
drainage, streets and lighting.
RECOMMENDATION: Approve With Condition
FINDINGS,CONCLUSIONS&RECOMMENDATION
Having reviewed the record documents in this matter, staff now makes and enters the following:
FINDINGS:
1. The applicant, Gregory Development Company, filed a request for approval of a 10 lot Final
Plat.
2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA)
documentation and other pertinent materials was entered into the record as Exhibit No. 1.
3. The Environmental Review Committee (ERC), the City's responsible official, issued a
Determination of Non-Significance-Mitigated on October 19, 1998 for the subject proposal.
4. The subject proposal was reviewed by all departments with an interest in the matter.
5. The subject site is located at NE 14th St and Monterey Av NE. The subject site is located on the
south side of NE 14th St. The new plat is located in Section 5,Twp. 23 N.Rng. 5 E.
6. The subject site is a 1.5 acre parcel. The subject site is nearly rectangular. The parcel is
approximately 260 feet long(north to south)and approximately 252 feet wide.
7. The subject site was annexed into the City of Renton with the adoption of Ordinance No. 1827
enacted in May 1960. The Preliminary Plat was approved by the City Council on
January 11, 1999.
8. The site has a R-8 (Single Family) land use zoning, with the adoption of Ordinance 4404
enacted in June 1993.
9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan.
10. The Preliminary Plat was subject to a number of conditions as a result of both environmental
review and plat review. The applicant will comply with the conditions imposed by the ERC:
1) The Park's Mitigation Fee will be paid prior to the recording of the plat.
2) The Traffic Mitigation Fee will be paid prior to the recording of the plat.
3) The Fire Mitigation Fee will be paid prior to the recording of the plat.
11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary
Plat:
1) Applicant will comply with the above noted ERC conditions.
CONCLUSIONS:
The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and
therefore should be approved by the City Council.
•
RECOMMENDATION:
The City Council should approve the Final Plat with the following condition:
1) All plat fees shall be paid prior to the recording of the plat.
SUBMITTED THIS 10TH DAY OF MARCH,2000
W,LL
DEVELOPMENT SERVICES DIVISION
MONTHTSFP.DOC/
2
•
•
EXHIBIT A
Legal Description of Property
PARCEL A: -
The North 266.32 feet of the East 142.30 feet of Tract 267, C.D. Hillmans' Lake Washington
Garden of Eden Addition to Seattle, Division No. 4,according to the Plat thereof recorded in
Volume 11 of Plats,page 82, in King County,Washington;
Except the North 20.00 feet lying West of the East 102.30 feet thereof conveyed to the City of
Renton for road purposes under King County RecordingNo. 6660996;
(Also known as Lot 2, City of Renton Lot Line Adjustment No. LUA-97-003,recorded under
King County Recording No. 9702129004,being a portion of Lots Land 2 of City of Renton
Short Plat No. SHPL-077-89,recorded under King County Recording No. 9007279001).
PARCEL B:
The North 266.32 feet of Tract 267, C.D. Hillman's Lake Washington Garden of Eden addition
to Seattle,Division No. 4,according to the Plat thereof recorded in Volume 11 of Plats,page 82,
in King County Washington;
Except the East 142.30 feet thereof;
Except the North 20.00 feet lying West of the East 102.30 feet thereof conveyed to the City of
Renton for road purposes under King County Recording No. 6660996;
And
The north 13.69 feet of the west 98.96 feet of Lot 1 of City of Renton Lot Line adjustment No
LUA-97-003 recorded under King County Recording No. 9702129004, in King County,
Washington;
(also known as Lot 3, City of Renton Lot Line Adjustment No. LUA-97-003, recorded under
King County Recording No. 9702129004, being a portion of Lots 1 and 3 of City of Renton
Short Plat No. SHPL-007-89, recorded under King County Recording No. 9007279001).
i,r PY
yr jy
......1...9 . . « t {id ;kaki r.Br I - ' / U g'Lr1J i
'._, I I
£VM3 •� Or 3ti SWNr r
2 1► 13111 73r K __ i___ r " 1. • R�- libA,LI{;. ` +p.1. i— C
v;i rS`` ill
A !t7 I r_.'"" NB ' ;-.-,----Ni s of (Q,: ,}
3nv • N3 ON3N 'Ri
CaI 31NONr .'.,r-- ,1{_ M_I•• 1 I y - : •
�'
•
sY ry. •3 1"' '3A' 7oun i _ ;
'tw
MM • e � rb 1Y •
Apt �iJM L ' m= • ,
. .• ai ' •••
•N •3/0• Y]Nl3NN3N • _1, r Li 1,122.1tit
r'" —fai f "_ • . _ ; .,e^.\ter.
CITY OF RENTON LAND USE
MONTEREYHEIGHTS ACTLANDIRrECORD NO. L.ND-11000 23 35F
A Replot of City of Renton Short Plot SHPL-077-89 According to Lot Line .
Adjustments LUA-97-003—LLA and LUA-99-046—LLA In the SW 1/4 of the SE 1/4 of Section 5,
, • Twp. 23N, Rng. 5E, W.M.. City of Renton, King County, Washington
CITY OF ENTON_APPROVALS
1010W ALL PEOPLE BY THESE PRESENTS THAT WE THE IJOERS NED OWNERS OF INTEREST IN THE ATM OF�7lTON PLAlSIIQI IOfr(BE C TIER s DEPARIIFNT
INC HEREBY SUMMED.HEREBY DECLARE THIS PLAT TO BE THE GRAPHIC REPRESENTATION OF DIMMED AND APPROVED MIS DAY OF . 20 .
THE SOBOIMSION MADE HEREBY.NO DO HEREBY DEDICATE TO DE USE OF THE PUBLIC FOREVER
ALL STREETS NO REEVES NOT SHOWN AS PRIVATE HEREON AND DEDICATE TIE USE THEREOF ATJIIMSTRAIIJR
FOR All PUBLIC PURPOSES NOT INCONSISTENT SDI TIE USE THEREOF FOR PUBUC HIGHWAY
PURPOSES.NO ALSO THE RIGHT TO MAZE ALL NECESSARY SLOPES FOR FITS AND OILS UPON
TIE LOTS SHOTS HEREON IN THE ORN:NAL REASONABLE GRADING OF SAID STREETS AND AVENUES.
AEC FURTHER DEDICATE TO THE USE'OF THE PUSS ALL EASEMENTS AND.TRACTS SHOWN ON EXNRED NO APPROVED THIS DAY OF 20
PARKS.THIS PLAT FOR ALL PUBUC INCLUDINO BUT NOT WM)
OPEN ACE.UTLJII S NO DRAINAGE UNLESS SURPOSES AS INDICATED CH EASEMENTS OR TRACTS ARE TO
SPECIFICALLY WINFED ON 1HtS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR MAYOR
DIRTY OTHER THAN PUBLIC EXAMINED MO APPROVED THIS DAY OF . 20
O TY CLERK.ATTEST
101OW ALL PEOPLE BY THESE PRESENTS THAT DIE.THE UND RSGlFD OWNERS N FEE SIMPLE OF OW OF NEWTON MARTY m.o. DR'S EWS WYIATF
THE LAND HEREBY CERTIFY THAT RE HAVE ESTABl1SIED A HOMEOWNER'S ASSOCIATION N I HEREBY CERTIFY THAT HERE ARE NO DELNOUFNT SPECIAL ASSESSMENTS
ACCORDANCE WITH WASFINOION STATE LAW TNACH IDENTIFIES EACH LOT OF THIS PLAT AS A NO ALL SPECIAL ASSESSMENTS ON ANY OF THE PROPERTY,HEREIN CONTAINED.
MOLDER OF SAID HOMEOWNER'S ASSOCIATION RECORDED UNDER IOIO COUNTY DEDICATED AS STREETS,ALLEYS OR FOR OTHER PUBLIC USE.ARE PND N FULL
FECORDNO NO._
EXAWNED NO APPROVED THIS DAY OF . 20
HOMEOWNERS ASSOCIATION
FINANCE DRRCIGR
COLONIAL 13141W�►CICNOWLEDGEMENTS KING COUNTY APPROVALS
m0 COUNTY FIIANCl wren.6R1FN`ATE
STALE OF WIL9lN0TON I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID.THAT DEIE ME NO DEUNOIIENT
SPEaA.AISSESSMEN S CERTIFIED l{IAU.
D TO S OFFICE FOR COLLECTION NO THAT SPECIAL
COUNTY OF Kea ) ASSESSIE 113 CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY •
HEREIN COMTAI ED.MEDICATED AS STREETS,ALLEYS OR FOR ANY OTHER PUBLIC USE.ARE
THIS IS TO CERTIFY THAT ON THIS____DAY OF .20 BEFORE ME.THE PAID N FULL THIS.._. DAY OF .20
IRDBRSIONBD,A NOTARY PUBLIC.PERSONALLY APPEARED MANAGER FINANCE DIVISION DEPUTY •
OF
HONEOWIER S ASSOOAl1QE
THAT EXECUTED THE FOREGOING DEDICATION.NO RHO ACKNOTI.EDGED TO ME EXAMINED NO APPROVED THIS DAY OF . 20
TE SAID NSTRULEHT 1O BE THE FREE NO VOLUNTARY ACT NO DEED OF SAID •
ASSOCIATION.FOR TIE USES MD PURPOSES THEREIN HENTIOED,AND ON OATH STATED 1
THAT HE/SHE WAS AUTHORIZED TO EXECUTE TIRE SAID NS1RIILENT.
VOTRESS MY HAND NO OFFICIAL.SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN. RECORDING CERTIFICATE
NOTARY PUBLIC N NC FOR TIE STATE OF FLED FOR RECORD AT TIE REQUEST OF'ME CITY OF RE/ION THIS_DAY OF
20 AT MINUTES PAST M. AND RECORDED IN
WASINGTON,RESIDING AT VOUJLE - OF PLATS,FARMS) RECORDS OF 10N0
COUNTY.WASMNOTON.
STATE OF HIIl4l101ON ) SS DIVISION OF RECORDS MO ELECTIONS
COUNTY OF KING • )
TINS IS TO QR1FY THAT ON THIS�_DAY OF .2O�BEFORE ME, THE MANAOEA $UpDRN1pOE1T OF FECO7DS.
INDERSIGNm,A NOTARY PUMA PERSONALLY APPEARED RECORDING NO._
TILE OF CORPORATION
.THAT EXECUTED THE FOREGONG DEDICATION.MO WHO AQ0IOYLEDOED TO ME
THE SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID •
$LJRVEYOR�S CERTIFICATE _
OORIPORAIKIR FOR THE USES NO PURPOSES DEMI MENTIONED,NO ON OATH STATED
THAT HE/SHE WAS AUTHORIZED TO EXECUTE TIE SAD INSTRUMENT. I HEREBY CERTIFY THAT DNS PLAT OF MONTEREY HEIGHTS IS BASED UPON AN
AC1UAI.SURVEY NO 9JIOIASION OF SECTION b TOWNSHIP yL ROM,RANGE IL EAST..
'VOTRESS MY NAND NO OFFICIAL SEAL TIE DAY AND YEAR FIRST ABOVE WRITTEN. VOL, THAT THE COURSES NO DISTANCES ARE SHORN CORRECTLY DEMON; THAT THE
MORIAIENTS vau.BE SET AND THE AND BLOCKTOLL BE STAKED CORRECTLY
ON TO GROPED AS CONSTRUCTION ISTCOMPLETED AND TNFAT
THE GI HI AVE FIRLY COMPLIED INN
NOTARY PUDIC WI AND FUR THE STATE OF TIE PROVISIONS OF THE PLATING REGULATIONSS,
WASHINGTON,RESIDING AT "^• NICK A YNGR.PROFES90NA.'LNO
¢O��' �• SURVEYOR. CERTIFICATE NO.HOSE/ ,
STATE OF WASHINGTON 'I Al
COUNTY OF KING )
TIS IS TO CERTIFY THAT ON IBIS�_DAY OF .20 BEFORE ME.TE �•A• �4 D.
UNDERSIGNED,A NOTARY PURIC.PERSONALLY APPEARED 'bwL Ty;O �L.�R. Siptetiog �.TR.00NG
arro Ina
TIRE or CORPORATION O GD P •tl Yti55'
THAT EXECUTED THE FOREGOING DEDICATION,ANO F1H0 ACIGNOTTI WGED TO ME MaiDC
E SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID
CORPORATION,FOR THE USES AND PURPOSES THEREIN MENTIONED. NO ON OATH STATED RESTIC M NI i KI 1U RAM RITE ICI
THAT HE/SE WAS AUTHORIZED DD TO E)ECU1E THE SAID INSTRUMENT.' L�N�.�a�a�. KINLYCI.Tw WM
NO LOT OR PORTION OF A LOT N IBIS PLAT SHALL PA(RIOT 217a017 RN(MD OT-13?
WTlSS MY HAND NO OFFICIAL SEAL.THE DAY NO YEAR FIRST ABOVE WPoTIEI4. BE DIVIDED AND SOLD OR RESOLD OR OWERSHP I-µ4 ppRloIB 55 f.GW
CHANCED OR TRANSFERRED HEREBY THE
OWNERSHIP OF ANY PORR ON OF 11WG PLAT SHALL DATE: 03/09/00 JOB No. 98-1
NOTARY PUBLIC IN NW FOR THE STATE OF BE LESS THAN THE AREA REQUIRED FOR THE USE
DISTRICT N WHICH LOCATED.
• WASINGTON.RESIDING AT DRAWN BY: VJB SHEET 1 OF
4 .
CITY OF RENTON LAND USE
MONTEREYHEIGHTS LANDCT,ECO D NO. LND-110o 335
A Replot of City of Renton Short Plat SHPL-077-89 According to Lot Line
Ad juetments LUA-97-003-LLA and LUA-99-046-LLA in the SW 1/4 of the SE 1/4 of Section 5.
Twp. 23N. Rng. 5E. W.M.. City of Renton. King County. Washington
LEGAL DESCRIPTION
PARCEL AL
THE NORTH 266.32 FEET OF TIE EAST 142.30 FEET OF TRACT 267.
C.D.HUMAN'S LAKE WASHINGTON GARDEN OF EDEN AOOIIION TO SCHEME
ED V YOU'RE 1DENSON NO. 1 ACCORDING
.TO EHE PLAT
1 COUNTY. CONTROL SCHEME
WASHINTOTE'N0R1H 20.00 FEET LYING VEST OF THE EAST 102.30 (NOT TO SCALE)
FEET 1NEREOF CONVEYED TO THE CITY OF RENTON FOR ROAD
PURPOSES UNDER KING COUNTY RECOROYb NO.6660996; J I
(ALSO KNOW AS LOT 2.CITY OF RENTON LOT LNE ADJUSTMENT
NO.WA-97-003`RECORDED UNDER KING COUNTY RECORDING NO. --- I
9702129004.BEND A PORTION OF LOTS 1 AND 2 OF CITY OF
RENTON SHORT PLAT NO.SHPL-077-6O.RECORDED UNDER KING -------- SURVEYOR'S NOTE:
COUNTY RECGI09(0 Ho.900n79001) JIM
THE BEARING OF N093.116'W BASIS OF BEADING)WAS
PROLONGED TEST AS THE CEN Wtt OF d -OF-WAY
e66�1. FOR N.E.12111 STREET THE PR.WMTH E
WHIN ACCEPTABLE TOLERANCES,W1H THE FOUND CORNER
MO
11E NORTH 26532 FEET OF TRACT 267,C.D.HUMAN'S LANE MONDME4IS SET BY PEN OYLER FOR THE SHORT PLAT APO
WASHNGTON OARDOI OF EDEN ADDITION TO SEATRE,ORISON NO. LOT LIE MalS11E71T FILED UNDER RECORDING NUMBER
4,ACCORDING TO THE PLAT THEREOF RECORDED IN VELURE 11 OF in 9702129004.
PLATS PACE 62,N KING COUNTY.WAS11N910N; THE BEARING OF 116932'24'W AS SHOWN ON TIE RECORDED
EXCEPT THE EAST 142.30 FEET'THEREOF: LOT LIE ADJJSUMENT,F PROLONGED NEST FROM THE
INCEPT TIE NORTH 20.00 FEET LYING WEST OF 1HE EAST 102.30 S89'29'27',ME MONUMENT(CITY OF RENTON C.P.N.67)AT THE SE.CORNER
FEET THEREOF CONVEYED TO THE CITY OF FEPITON FOR ROAD 98.96 OF SECTION 6-23-6E WOULD INDUCE AN ERROR OF t0.6'IN A
PURPOSES UNDER KNO COUNTY RECORDING N0.6660996; • NOR1Hj OUTN DIRECTION. THE RECORD main M E HUD FOR
9910•••,,,,, MJS. THE ESTASIENT OF THE PLAT BOUNDARY.
AND % WE ROTATIONAL DIFFERENCE BET/EDT RECORD PLAT BEARINGS
NORTH 1169 FEET OF NE WEST 96.96 FEET OF LOT 1 OF CITY / AND BEARINGS AS SNORT ON MHIS MAP IS 00'00'64'.
OF RENTON LOT
UEFA KING COUNTY RECOROIW NO.9702129004.)
(ALSO NOKN�46.RE aCCROED� RENTONER KING RWTM RECORDING SENT W W U71U�TYD EASEMENT Z
0004210003.BONG A PORTION OF LOTS 1 AND 3 OF CITY OF
UNDER KING COUNTY RECORDING NO.9702129004.)RECORDED . 0 Cl <I..
2 I N69p3'16'W(BASS OF BEARING)•• El
--- 21. -I---- CM ' 1326.22'(aTY OF RENTOI)
�+ /+ " N.E. 12TH ST. - -__ HraHLnivl• 1326.21'(MSDr32a3C(v)
RESTRICTIONS - 89'3316 E,r-- ---- FOUND CON T FOUND OONdtETE MCMINL
-- WEN COPPER TACK IN LEAD,
9'S. AND 11'E.OF WITH 3'BRASS DISK ANO
'TeCOVENANTS,CONDITIONS AND RESTRICTIONS IMPOSED BY NSERWENT RECORDED I NIERSEC11ON OF N.E.12TH OF
N.E.
S.OF ST.
TEA D EDI
ON A1MIIST 10.1960.(RIDEiR RECORDING N0.690610062 I Sr.AND ABERDEEN AVE.N.E. VE.N.EINESTED 7-06-96
ALL COVENANTS.COMMONS,RESTRICTIONS.RESERVATIONS.EASEMENTS OR VISITED 7-06T96 (CITY OF RENTON C.P.N.S
(CITY OF RENTON C.P.N.71)
OMER SERVIEDE.F ANY,DISCLOSED BY CITY OF RENTON SHORT FLAT NO.
SPL-077-69.RECORDED UNDER KING COUNTY RECORDING NO.9007279001. N 16646/1672 N 1664616663
ALL COVETUNIS,COM110N4,IES1W RES
ERVATIONS.SERVATIONS.EASEMENTS OR
E 1304665212 E 1306190.396
OMER SERWTLAES,F ANY,DISCLOSED BY CITY OF RENTON LOT LINE ADJUSTMENT NO.
WA-97-003-LLA.RECORDED UNDER MG COUNTY RECORDING NO.9702129004.
ALL COVENIAN1S,CO01110NS.RESTRICTIONS.RESERVATIONS.EASEMENTS OR
OTHER SERVITUDES.F ANY.DECLOSED BY a1Y OF RENTON LOT UNE ADJUSTMENT NO.
WA-99-046-UA.RECORDED UNDER KING COUNTY RECORD90 NO.9904219003.
EASEMENT PROVISIONS PLAT NOTES _
AN EASEMENT IS HIE HV N 7LVFD FOR AND GRANTED TO PUOET SOUND ENERGY COMPANY. DADS OF BEARING FOR IRIS SURVEY IS THE -
U.S.WEST COUNINCAiKNS,GROUP W CABLE TELEVISION MID CITY OF RENTON(SERER,WATER MMONMENT1ED CEMENTITE OF NM STREET
MIDGR A:
NDS
OTY
OF
L
SOEWAL*� AND 114E1R RESPECTIVE SUCCESSORS AND ASDONS.UNDER AND UPON 1HE ( Q+
E%1EAIOR AEI FEET PARALLEL WTIH AND ADJOINING 1HE STREET FRONTAGE OF ALL LOTS N S.C.N.POINT NUMBER 67)TO ABEiDEETN AVE.
W804 TO INSTALL LAY,CONSTRUCT,RENEW.OPERATE AND MANTAN SIOEiVAUL AND N.E.(CITY OF RENTON S.C.H.POINTNUMBER
MBER 71)
UIDEROROUlO CONDUITS.MANS CABLES AND WIRES WITH NECESSARY FACILITES MO OTHER BEING N693SI6'*
EQUFMET FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY Will ELECTRIC.TELEPHONE.GAS AND UTUTY SERVICES. TOGETHER WITH THE MOAT TO ENTER EQUIPMENT. 1/4..OM
••.
UPON THE LOTS AT ALL TIRES FOR THE PURPOSE HEREIN STATED. ALSO EACH LOT SHALL BE 6'TOTAL STATION USED(ALL PHASES OWN.IA0
EH SUB.ECT TO NE EASDIT 2.5 FEET N WDTIH,PARALLEL WTH AND ADJACENT TO ALL AIL A EQUIPMENT MANT N ADJ US T TO
N'TDIOR LOT UNES FOR THE PURPOSES OF UIUTIES AND DRAINAGE. THESE EASEMENTS MANUFACTURER SPECIFICATIONS RECENT
ENTERED UPON FOR THOSE PURPOSES SHALL BE RESTORED AS NEAR POSSIBLE TO THEIR DISTANCE MEASUREMENT COMPARISON
COMMON.ORIGINACOMMON. TO TICS(SAND POINT)BASELINE MC..1991.
NO LINES OR TIMES FOR 11E TRANSIISSON OF ELECTRIC OR FOR TELEPHONE USE,OR FOR PROCURES
CABLE MUNSON,BE.FIRE OR POUCEN SONALS.C ORTS O THEER BUSING SHELL BE PLACED OR FIELD REEQUitf�IAE.T41S ADCONDNDAN E CR 51 1 WE70 z WWI/
D. STRONGO
CABLEMERITED TO BE PLACED UPON ANY LOT OUl'SDE THE BUILDING THEREON UNLESS ME SAME
SHALL BE UNDERGROUND OR N CONDUIT TO 1HE BUILDING.
PRIVATE DRAINAGE EASEMENT AU.LOT WIN 6 MBAARR NIH TI BE STAKED VULOW PLASM CAP COL`•PLANTERS
•wI"`
YORI
THE DRAINAGE FAgJI1E5 LOOMED W1HN THE PRIVATE EASEMENTS SHOWN ON THE PLAT STARVED WIN SURVEYORS CERTIFICATE NUMBER moo. NW
SHALL BE OWED,OPERATED.AND MAINTAINED BY HE HOMEOWER'S ASSOCIATION CREATED
FOR THIS PLAT. 7HE HHOMEOWER'S ASSOCIATION SHALL BE ESTABUSED IN ACCORDANCE WiN 16104 NC SR.RAIL.1113R T61
WASH NTION STATE LAW: 1916AI0.TR ARM
P6(420 err-ors FIN(416J C7-1411
THE CITY OF REN10N SOU HAVE THE RIGHT TO ENTER SAID EASDIENTS TO REPAIR ANY 64M1N 0111110113111RUISLOCII
DEFICIENCIES OF THE DRAINAGE FACILITY N THE EVENT THE OWEN(S)IS/ARE NEIAJOENT N
THE MAINTENANCE OF THE DRAINAGE FACTURES. THESE REPAIRS SHALL BE AT THE OVER S DATE: 3/09/00 JOB No. 96-1;
COST.
DRAWN BY: VJB SHEET 2 OF
CITY OF RENTON LAND USE
MO NTE R EY HEIGHTS ACTILANDaRN NO ECO D NO. LND-110 0 35 F`
A Replat of City of Renton Short Plot SHPL-077-89 According to Lot Line
Adjustments WA-97-003—LLA and LUA-99-046—LLA in the SW 1/4 of the SE 1/4 of Section 5.
Twp. 23N. Rng. 5E. W.M.. City of Renton. King County. Washington
I1
> I
< xi. I FOUND REBAR AND
CAP.LS. 5524
FOUND REHAB AND w CAP. SOUTH,
CAP.LS. 5524 I7: w 0.05'
0.07'SOUTH, 0.06'EAST
n
0.13'EAST I o"'
N
N.E. 141HST. _ = N 8954'32• W(P)
N 89'S5'26.W • N 89'S5'26'W 2S'
——A.FN.eeeoo9e "V $ Qc/102.30' O
o N 8954'32' W(P) c c Exist. I—
N / 8955'26.W 149.96' N 1N Fenee
/ e 79.31• 7� sj ss' f s.00'I *7..15Ti 1
El n 4:=2, Z 0 40 80
10'WIRE P135A1E R-19.50' •`I II I e
USUTr FAsLERT 0 SCALD r40'
L-30.78' \ I I20'WIDE PRIVATE UTILITY
ci 10
/� ARD t011 RMNACE EASEMENTI Q
EMI w I�II N 89'29'27•wj� - U LEGEND
98.96' ET &�• x Q
N 89'29'27"W
® •
1N PRIVATE ,.• 211 $ LOT 2 �, o • STANDARD aTY OF RENTON MONUMENT TO BE E
WIRY EASEMENT�`'� n *5se{sr n Z
g LOT 9 ' I Q 0 FOUND MBAR AND CAP AS NOTED
:{.9a SF 8 21' I
21' 111.29• n 76
N ® Si iv N 89'29'27 W m LL.I ® FOUND MONUMENT AS NOTED
98.96' /f = N
__ N8929'27-W Zln ng 1 1• r.
mS�: c m '�N 'n a 0',bt, "LOO8{ss ® w... (P) RECORD PLAT alENS10NS
1. o < n. ,M.'.n •W 76 Li- MEASURED DIMENSIONS
m �N
• 53 8 �- LOT 8 � (M•�
F•.a n v •1` 111.29' 1�
�• �4, - 3{,0{7 SF }}W WN 0
C1 r ® j W n N 8929'27" W 0i n )TAX LOT NUMBER
gg 98,6' tMph o g
®z N 8929 27"W gg . :LOT s 11310 I $ z z - Lt.]
El HOUSE ADDRESS
g LOT 7 1309 g �IZ= �' cr
t{9n SF 20' 1 111.29' AQUIFER PROTECTION Nb110E
_ �_ 21 21 N.8929'27"W 78 Q THE LOTS CREATED HE1 E1N FALL N1NNN ZONE 2 OF
IO' TY PUBLIC" 0 98.96' I C.) N'S RENTO AQUIFER PROTECTION AREA AND ARE
MDT EASEMENT o N 8929'27"W ,1. LOT S611 F S SUB.ECT TO THE REQUIREMENTS OF THE OTT CF
RENTON ORDINANCE NO.4367 AND AS SOLE
AMENDED
r r---1 .\ LOT 6 n TEMPORARY
�_ O d- BY
S OF 0wr110No 1 GIs airs
FROM A
*{'�sr 1 Y 1 111.30' 'CONCRETE WAIL/ F- N SHALLOW AQUIFER UNDER THE OIY��'JItFACE 7HER1
a N 8955'23.W 153.30' TENNIS COURT U' NO NATURAL BARRIER BETWFIII THE WATER TABLE A
—� 98.96' 01 (ON LINE) Z ~ GROUND SURFACE EXTREME CARE SHOULD BE
N 8955'26'W HAMLIN°OF LIQUID SUBSTANCE
Z Q OTHEREXERCISED
WATERTO
PROTECT FROM CONTACT WI
111E GROUND SURFACE. IT IS TIE DINNER'S
t.0
Q O RRESPa15EBUTY TO PROTECT THE OTYS DRINKING
x!'•t
-20'WIDE PUBLICI-• UTUIY EASEMENT .1- NOTE
'"hi' W TIE STOMA DRAM RETENTION VAULT AND CONTROL
00 r` STRUCTURE LOCATED W TIE RIGHT—OF—WAY ARE TO
(0 V (.0 76
Q Z BE MAINTAINED BY THE HOMEOYMERS ASSOCIATION.
CV hi N J O
V7
F- 3 ;,
C.) 8 s N I— L - dog A"...
Cr ZZ lY WW Jw :• L
® m h4 _
F-
56 •
" C,8 = f ..1'1 ..
gg F--- 'IDOL We
ZZ U w
O W
76
tew STRONG
l
mums•PL.»w•IMPRIL d1Is
FOUND MBAR AND D
• CAP.LS. 5524
0.01'NORTH.
IS
0.12'WEST \
252.26' 101DI PE am INN'*'a IP owl 101
—
N 89'33-18 W N 89'32 24 W p) " s — — PA(el m� Fat, m-sa3
g N.E. 12th St. R E MMJ EU RSlas•cod
__ _ V N 89'33.18'W N 89'32'24'W(P) 262.26'(P) _ Y _ 278.2s•(P)_
177.69'(Medf DATE: 3/09/00 JOB No. 98-1 7
FOUND CONCRETE MONUMENT WITH 1 1/2.BRASS DISK
IN CASE.0.07'N. VISITED 7-08-98 DRAWN BY: VJB SHEET 3 OF 3
City of Renton InterOffice Memo
To: Larry Warren,City Attorney
From: Arneta Henninger k,4Date: March 7,2000
Subject: Monterey Heights Final Plat •
LUA 00-023 FP
Declaration of Covenants,Conditions,Restrictions and Easements
Please review the attached Declaration of Covenants, Conditions, Restrictions and Easements
document as to legal form.
The plat chose to establish a Homeowner's Association but it was not a requirement.
A copy of the Hearing Examiner's Report dated December 1, 1998 is attached for reference and
your use. I also attached the drawing page of the plat for reference.
The proposed date for consideration by the Council is March 20,2000.
If I may be of assistance in expediting this request please call me at 430-7298.
CC: Neil Watts •
LUA 00-023
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•
• :: '. : -., .. ... : February 17, 2000 •;• ,. - . :,,;; .•:•„' .-..:"..." '..•• .---•••••••,.:: ,-.'..:..• „ : -,ii.:',...--: : -.... . ., :,;--.--.., ::, ... ,‘ :-: : ......,.;:-.„ :;.:. -,:, .:,-.,.
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‘ . ,Mr. Gregory Steinhauer
•Gregory Development Company - • .
.
_ . . ,.. • : ., : • , :. _ . - •
- -. 9311 SE:36th Street#208 - . . . , .. . ,. i i
'. . .
"1 * • :: Mercer Island,WA 98040
. .
,•
' • . ''' *•''..- ...:' _ SUBJECT:-'. Monterey Heights Final Plat ":• - I. ,-_,:s :,:'. .,..--',1 1:::::,',.4, * 1.. . .., . s ,.,... „ . , . , ,. '
• 1" - ""•-" * -.- • 'Pioject No. LUA-00-023,FP
, • . • . • -
. • . .
Dear Mr. Steinhauer:
.: .'.:•-: ' :• : .' -•The Development iplanning Section )f,ihe•:CitYbi.,1,4,,-eniOn has determined that the subject ,,,-;".: , ,:. . .. . •
. *•; . "'application is complete according to submittai !.eqUirementsand, therefore; i!..,accepted
- ' for review.
„ . . •
. . _..,,
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1 * You will be notified if any additional information is required to continue processing you . . . : ...
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applibation.
. . .
. Please contact me, at(425)480-7298,.if you have pr:iy questions..:::
. , .- . : . - : . • . . .. .. , . , .. . .
. • , .. . . :
. . .Sincerely, • ; :... .,,.. • ,,
•
•
•
ief."), * ' • . , .
. .
, • ..: . . - , . .
,
Arneta Henninger , , . . . .
.• - .
• • :
Project Manager
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CITY OF RENTON
MEMORANDUM
DATE: February 16,2000
TO: Bob
FROM: Arneta H.X7298
SUBJECT: Monterey Heights
I am hand delivering the monuments cards,the hard copy of the ASCI and the disk of the ASCI
file all for your permanent keeping
cc: [Click here and type name]
Document4\ajh
41 " CITY IF RENTON
• Planning/Building/Public Works Department
Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator
•
•
June 1, 1999 •
Mr. and Mrs. George Nelson
2008 NE 12th Street
Renton, WA. 98056 •
SUBJECT: Monterey Heights Preliminary Plat
Project No. LUA-98-144, PP, ECF
Dear Mr. and Mrs. Nelson:
• The request to modify'the previously approved Monterey Heights preliminary plat was
approved by the Zoning Administrator on April 21, 1999. The revision removes Lot 6
from the preliminary plat. The 14-day appeal period ended on May 5 and no appeals
were received. Therefore, the decision is final and the change shall be required on
mylars prior to recording the plat.
Please contact me, at (425)430-7219, if you have any questions. '
Sincerely,
Peter Rosen•
cc: Gregory Steinhauer
approvLTR.doc
1055 South Grady Way-Renton,Washington 98055 '
This paper contains 50%recycled material,20%post consumer
, / City of'.....'ton Department of Planning/Building/Publ,_.___rks
/ ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: COMMENTS DUE: MARCH 2., 2000
•
APPLICATION NO: LUA-00-023,FP CGt✓Ve- Pia,VIN/49 DATE CIRCULATED: FEBRUARY 17,2000
APPLICANT: Gregory Development Company I PROJECT MANAGER: Arneta HengifiVrOF RENTON
ter.,,,,,,o�...
PROJECT TITLE: Monterey Heights Final Plat WORK ORDER NO: 78653 .
LOCATION: Generally located at Monterey Ave. NE at NE.14th St. FEB 1.7 2000
LitALwarua a.iivISION
SITE AREA: N/A I BUILDING AREA(gross): N/A
SUMMARY OF PROPOSAL: Final Plat for 11 lots for single-family residences. The project installed a watermain,sanitary sewer,
storm drainage,street lighting and curbs,gutters and sidewalks for the development. There are no deferrals on the project.
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
NQ CoVnnvv^QvA.'s
C. CODE-RELATED COMMENTS 1
No C.wCS
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 info tion is needed to property assess this proposal l
d---t /0 e) '
Signature of Director or Authorized Representative Date
Routing Rev.10/93
City of F on Department of Planning/Building/Public`,._.-dcs
ENVIRONMENTAL & V' VELOPMENT APPLICATION REVIEW SHEE
REVIEWING DEPARTMENT: f1,r, Frei . COMMENTS DUE: MARCH 2, 2000
'APPLICATION NO: LUA-00-023,FP DATE CIRCULATED: FEBRUARY 17,2000
APPLICANT: Gregory Development Company PROJECT MANAGER: Arneta Henninger'
PROJECT TITLE: Monterey Heights Final Plat WORK ORDER NO: 786 C
LOCATION: Generally located at Monterey Ave. NE at NE 14th St.
SITE AREA: N/A I BUILDING AREA(gross)! / rn
SUMMARY OF PROPOSAL: Final Plat for 11 lots for single-family residences. The project installed a wmtmsipipmery sewer,
storm drainage,street lighting and curbs,gutters and sidewalks for the development. There a'e no deferilk c maw.
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 Informatio
' 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 A
•
C. CODE-RELATED COMMENTS
1)&1- gelte:60460 61-4/LAIr/,
We have revie ed this application with particular attention to those areas in which we have expertise and have identifie areas of probable impact
areas where ditional informatio 's needed to properly assess this proposal.
, /./.r
5ignat re f Director or Autho" ed Rep sentative Date
to
uting Rev.10/
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U "`
Note::If there is ore then one le,' al OWOB lease attach ar :additional
.............................................................................................................................................
PR ..... PROJECT OR DEVELOPMENT NAME:
NAME: i o ir)+e re 5
6 fc c\6/L Ye Ca-V rn-T (o �/4.r -1 -I�7CC� Icct
PROPER /PROJEC ADDRESS(S)/L4 CATION:
ADDRESS:
�31t 5 Srt� e zo orl+ �� NE S OE �q =' �� --
KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):
CITY: ZIP: 33 Q 3i O z. 2.2"d(P
TELEPHONE NUMBER: EXISTING LAND USE(S):
: .:�0 p!'� 1,5h14 i6 deene-e 7' i2'' '
€>APPLICANT' if€€flrr> hac� lari!vaner::
PROPOSED LAND USES:
NAME:
COMPANY(if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION:
ADDRESS: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable):
NA ,01,4
CITY: ZIP: EXISTING ZONING: Ci op�/}�J�N
Op rp
- PFR l RFNTONNihG
TELEPHONE NUMBER: u'
PROPOSED ZONING (if applicable) 'We
M
IV
� SQ
( SITE AREA (SQ. FT. OR ACREAGE):
`NAME::.i_ .
• 02 L 3 . 13
COMPANY(if applicable): PROJECT VALUE:
ADDRESS: IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA?
c)C3 26-8
CITY: ZIP:
Up � ,,( C��(�
( S (CO\\\ (W IS THE SITE SENSITIVE AR A?TED IN ANl' OTHER TYPE OF ENVIRONMENTALLY
TELEPHONE NUMBER:
OOCa' z 7- S--1(?q
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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 $ iSij FINAL PLAT $/DLV.(V
_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 Charc e — ENVIRONMENTAL REVIEW $
REVISION $
—
I, (Print Name) 6ro99e2 •.t:-'' $1Q . 9'4eci ra a that I am (please check one)_the owner of the property involved in this application,_the
authorized representhtiveoact for the property owner (please attach proof of authorization), and that the foregoing statements and answers herein
contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief.
e.1»119llsp, •
e L. J o
00o G1 o.a 0._ �I
\ ATTEST: Subscribed and sworn to before me, q 4y 'IlRt ' Q�"F
r� �$ 2.�Y� -� for the State of /d/o,5h,.,j fo-,residing at i o��6 3,0 T A R y/1't°'
(Name of Ovvrier/Representative) 5.4 re/.Ne , on the/,f day f o0 We
SgreOwner/Representative '
/ ebrur ®) 1 4........_____:%:902..,0 0®a,a033.
io/-
(Slgnat.are f Notary P,o:lic) Da�ASc"tA t
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..............
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;:.: ::::;:::. :>:.:::::>:.: :'.':»: .:..:':>::>::>::>::>::>::>::»>::>::>:::>:..:TA ' .: ' TAGEPROV l3ED.. .. . . .................................
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MASTERAP.DOC REVISED 8/97
--
Order No. H809526
LEGAL DESCRIPTION:
PARCEL A:
The north 266 .32 feet of the east 142 .30 feet of Tract 267,
C.D;--Hillman's Lake Washington Garden of Eden Addition to
Seattle, Division No. 4, according to the plat thereof
recorded in Volume 11 of Plats, page 82, in King County,
Washington;
EXCEPT the north 20 .00 feet lying west of the east 102 . 30
feet thereof conveyed to the City of Renton for road
purposes under King County Recording No. 6660996 ;
(ALSO KNOWN AS Lot 2, City of Renton Lot Line Adjustment
No. LUA-97-003 , recorded under King County Recording No.
9702129004, being a portion of Lots 1 and 2 of City of
Renton Short Plat No. SHPL-077-89, recorded under King
County Recording No. 9007279001 .
PARCEL B :
The north 266 . 32 feet of Tract 267, C.D. Hillman's Lake
Washington Garden of Eden Addition to Seattle, Division No.
4 , according to the plat thereof recorded in Volume 11 of
Plats, page 82, in King County, Washington;
EXCEPT the east 142 .30 feet thereof;
EXCEPT the north 20 . 00 feet lying west of the east 102 . 30
feet thereof conveyed to the City of Renton for road
purposes under King County Recording No. 6660996;
AND
The north 13 . 69 feet of the west 98 . 96 feet of Lot 1 of City
of Renton Short Plat No. SHPL-077-89, recorded under King
County Recording No. 9007279001, in King County, Washington;
(ALSO KNOWN AS Lot 3, City of Renton Lot Line Adjustment
No. LUA-99-046-LLA, recorded under King County Recording No.
9904219003 , being a portion of Lots 1 and 3 of City of
Renton Short Plat No. SHPL-077-89, recorded under King
County Recording No. 9007279001 .
DEVECI N'NG
TY OF REN ON
FEB 1 6 2000
RECEIVED
Page 5
r — -
G .R, E G ..fir 1 Y
`.,: Ty ,_'.. ,'y7571,7, V.,c+.:,,`L O(P M E N T COMPANY --
•
February 16, 2000 O ELop.MENT p
CI OF REN p�iNG
City of Renton FEB 16 2000
Planning Department t ECE,VE�
200 Mill Avenue South
Renton, WA 98055
RE: Monterey Heights Compliance with Mitigation Measures
Dear Sirs:
The following were the mitigation measures on Application LUA-98-144:
1. Parks Department Fee in the amount of$5,307.60
This will be paid prior to recording of plat.
2. Traffic Mitigation Fee in the amount of$7,162.50
This will be paid prior to recording of the plat.
3. Fire Mitigation Fee in the amount of$4,880
This will be paid prior to recording of plat.
Please be advised there are no other mitigation measures
Sincerely,
egory Develop ent Corn an
1 2
Gre•: ' L. Steinhauer
Present
1420 NW Gilman Blvd.#2105 Issaquah,Washington 98027 TEL:206.649.0406 FAX:206.649.0383 E-MAIL:JPTN4 I A@PRODIGY.COM
L OP >5...
V ES DIVI.S:I:QI >>' `''> >> ' >?>>g]< >> »>>` >r><
: :..:
. NOTICE FOR ALL NEW PLATS AND SHORT.PLATS
-The Post Office wants to be involved in helping you locate your mailboxes before construction
begins. Please take a copy of your plat map along with this form to the City of Renton Post Office,
314 Williams Avenue South, for their sign-off. Before we can approve your plat we must have the
signed copy in our file. This procedure will save you�► time and money later if you get approval now. .
jrk-
ProperyLocation: Al. . , t•7 Si�J'��� o �� 2I(Jtt. 1Vk-P 4JP. (.' Cr
Owner's Name: l,7 o r- C:t /Oec)e 1� Phone#: go - c9-3�•..6-17/?
Project#: Ccfl O43 • \
•
Post Office Approval: \,`/11'` "�.<:r•:, +, - Date: 4 co
,...,....,$:.,,
r3:;i m .wm. ' .
v..0., — ..,...11•/:,
1:<:.,_._._ .. , •
-,..,..ce ,.-_-,-;•iit
--•• ___9:.•_-• •
. .
• .
IANN4NG
® t" OF RElql-O�
page 1
Monterey Plat
Project: 98176 Tue Jan 26 14 : 38: 06 1999
Lot Map Check
Lot name: LOT 1
North: 187048.3709 East: 1304489.8493
Line ' Course: S 89-55-26 E Length: 102. 30
North: 187048.2350 East: 1304592 .1492
Line Course: S 00-30-33 W Length: 66. 31
North: 186981.9276 East: 1304591.5599
Line Course: N 89-29-27 W Length: 111.29
North: 186982.9166 East: 1304480.2743
Line Course: N 00-30-33 E Length: 45.48
North: 187028. 3948 East: 1304480. 6785
Line Course: S 89-55-26 E Length: 9 . 00
North: 187028. 3828 East: 1304489. 6785
Line Course: N 00-30-33 E Length: 20. 00
North: 187048.3820 East: 1304489.8562
Perimeter: 354 . 38 Area: 7, 153 . sq. ft. 0. 16 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0. 0131 Course: N 31-47-42 E
Error North: 0. 01116 East: 0. 00692
Precision 1: 26,980. 60
DEVELOPMENT PLANNING
CITY OF RENTON
FEB 1 6 2000
RECEIVE
page 1
Monterey Plat
Project: 98176 Tue Jan 26 14: 38: 12 1999
i Lot Map Check
Lot name: LOT 2
North: 186982 .9123 East: 1304480.2690
Line Course: S 89-29-27 E Length: 111.29
North: 186981.9233 East: 1304591. 5546
Line Course: S 00-30-33 W Length: 50. 00
North: 186931.9253 East: 1304591. 1103
Line Course: N 89-29-27 W Length: 111.29
North: 186932 .9143 East: 1304479.8246
Line Course: N 00-30-33 E Length: 50. 00
North: 186982.9123 East: 1304480. 2690
Perimeter: 322 .59 Area: 5, 564. sq. ft. 0.12 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0. 0000 Course: S 90-00-00 E
Error North: 0. 00000 East: 0. 00000
Precision 1: 322,580, 000. 00
CPJL ENTER LANGUAGE=PCLSLEEK page 1
Monterey Plat
Project: 98176 Tue Jan 26 14 :38: 18 1999
Lot Map Check
Lot name: LOT 3
North: 186932.9128 East: 1304479.8246
Line Course: S 89-29-27 E Length: 111.29
North: 186931.9239 East: 1304591. 1102
Line Course: S 00-30-33 W Length: 50. 00
North: 186881.9258 East: 1304590. 6659
Line Course: N 89-29-27 W Length: 111.29
North: 186882.9148 East: 1304479 .3803
Line Course: N 00-30-33 E Length: 50. 00
North: 186932 .9128 East: 1304479.8246
Perimeter: 322 .59 Area: 5, 564. sq. ft. 0. 12 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0. 0000 Course: S 90-00-00 E"
Error North: 0. 00000 East: 0. 00000
Precision 1: 322,580, 000. 00
page 1
Monterey Plat
Project: 98176 Tue Jan 26 14 :40:33 1999
Lot Map Check
Lot name: LOT 4
North: 186882.9134 East: 1304479.3803
Line ' Courser S 89-29-27 E Length: 111.29
North: 186881.9244 East: 1304590. 6659
Line Course: S 00-30-33 W Length: 50. 00
' North: 186831.9264 East: 1304590.2216
Line Course: N 89-29-27 W Length: 111.29
North: 186832 .9154 East: 1304478.9360
Line Course: N 00-30-33 E Length: 50.00
North: 186882.9134 East: 1304479.3803
Perimeter: 322 .59 Area: 5, 564 . sq. ft. 0. 12 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0. 0000 Course: S 90-00-00 E'
Error North: 0. 00000 East: 0. 00000
Precision 1: 322,580, 000. 00
page 1
Monterey Plat
Project: 98176 Tue Jan 26 14:40:43 1999
Lot Map Check
Lot name: LOT 5
North: 186832.9139 East: 1304478.9360
Line Course: S 89-29-27 E Length: 111.29
North: 186831.9250 East: 1304590.2216
Line Course: S 00-30-33 W Length: 50. 00
North: 186781.9269 East: 1304589.7772
Line Course: N 89-55-23 W Length: 111. 30
North: 186782 . 0764 East: 1304478.4773
Line Course: N 00-30-33 E Length: 50. 84
North: 186832.9144 East: 1304478 . 9291
Perimeter: 323 .44 Area: 5, 611. sq. ft. 0. 12 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0. 0068 Course: N 86-11-25 W
Error North: 0. 00045 East: -0. 00683
Precision 1: 47, 254 .21
page 1
Monterey Plat
Project: 98176 Tue Jan 26 13 :53 :35 1999
Lot Map Check
Lot name: LOT 6
North: 186782. 1316 East: 1304436.4819
Line Course: S 89-55-23 E Length: 153 .30
' North: 186781.9258 East: 1304589 .7817
Line Course: S 00-30-33 W Length: 286. 62
' North: 186495.3171 East: 1304587.2347
Line Course: N 89-33-18 W Length: 252.26
:North: 186497.2763 East: 1304334 .9823
Line Course: N 00-30-36 E Length: 271.31
North: 186768.5755 East: 1304337.3972
Line Course: S 89-55-26 E Length: 98.96
North: 186768.4441 East: 1304436.3571
Line Course: N 00-30-15 E Length: 13 . 69
North: 186782 . 1336 East: 1304436.4776
Perimeter: 1076. 14 Area: 70, 743 . sq. ft. 1. 62 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0. 0047 Course: N 65-43-28 W
Error North: 0. 00192 East: -0. 00426
Precision 1: 230, 165.43
page 1
Monterey Plat
Project: 98176 Tue Jan 26 13 :53 :39 1999
Lot Map Check
Lot name: LOT 7
North: 186818.5758 East: 1304337.8425
Line Course: S 89-29-27 E Length: 98.96
North: 186817. 6964 East: 1304436.7986
Line Course: S 00-30-33 W Length: 49.25
North: 186768.4484 East: 1304436. 3609
Line Course: N 89-55-26 W Length: 98 .96
North: 186768.5798 East: 1304337 .4010
Line Course: N 00-30-36 E Length: 50. 00
North: 186818 .5778 East: 1304337.8461
Perimeter: 297. 18 Area: 4 , 911. sq. ft. 0. 11 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0. 0041 Course: N 60-36-50 E"
Error North: 0. 00201 East: 0. 00357
Precision 1:. 72, 492 .58
•
•
page 1
Monterey Plat
Project: 98176 Tue Jan 26 13 :53 :43 1999
Lot Map Check
Lot name: LOT 8
North: 186868 .5738 East: 1304338 .2876
Line Course: S 89-29-27 E Length: 98 .96
North: 186867. 6944 East: 1304437 . 2436
Line Course: S 00-30-33 W Length: 50. 00
North: 186817. 6964 East: 1304436.7993
Line Course: N 89-29-27 W Length: 98.96
North: 186818 .5758 East: 1304337 .8432
Line Course: N 00-30-36 E Length: 50. 00
North: 186868.5738 East: 1304338.2883
Perimeter: 297 .92 Area: 4 , 948. sq. ft. 0. 11 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0. 0007 Course: S 89-29-25 E"
Error North: -0. 00001 East: 0. 00073
Precision 1: 409, 669.38
•
•
page a e 1
Monterey Plat
Project: 98176 Tue Jan 26 13:53 :55 1999
Lot Map Check
Lot name: LOT 9
North: 186918. 5719 East: 1304338 .7326
Line Course: S 89-29-27 E Length: 98 .96
North: 186917. 6924 East: 1304437 . 6887
Line Course: S 00-30-33 W Length: 50. 00
North: 186867. 6944 East: 1304437. 2444
Line Course: N 89-29-27 W Length: 98 .96
North: 186868.5738 East: 1304338 . 2883
Line Course: N 00-30-36 E Length: 50. 00
North: 186918.5718 East: 1304338.7333
Perimeter: 297 .92 Area: 4 , 947. sq. ft. 0. 11 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0. 0007 Course: S 89-29-25 E"
Error North: -0.00001 East: 0. 00073
Precision 1: 409, 669 . 38
page 1
Monterey Plat
Project: 98176 Tue Jan 26 13 : 54 : 01 1999
Lot Map Check
Lot name: LOT 10
North: 186968.5699 East: 1304339. 1776
Line Course: S 89-29-27 E Length: 98.96
North: 186967. 6905 East: 1304438. 1337
Line, Course: S 00-30-33 W Length: 50. 00
North: 186917. 6924 East: 1304437 . 6894
Line Course: N 89-29-27 W Length: 98 .96
North: 186918.5719 East: 1304338.7333
Line Course: N 00-30-36 E Length: 50. 00
North: 186968.5699 East: 1304339. 1784
Perimeter: 297.92 Area: 4,947 . sq. ft. 0. 11 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0. 0007 Course: S 89-29-25 E"
Error North: -0. 00001 East: 0. 00073
Precision 1: 409, 669. 38
•
•
•
page 1
Monterey Plat
Project: 98176 Tue Jan 26 13 :54 : 04 1999
Lot Map Check
Lot name: LOT 11
North: 187028. 5749 East: 1304339.7117
Line Course: S 89-55-26 E Length: 79 . 31
North: 187028 .4695 East: 1304419. 0217
Curve Length: 30.78 Radius: 19.50
Delta: 90-25-59 Tangent: 19. 65
Chord: 27. 68 Course: S 44-42-26 E
Course In: S 00-04-34 W Course Out: S 89-29-27 E
RP North: 187008 .9696 East: 1304418.9958
End North: 187008 .7963 East: 1304438.4950
Line Course: S 00-30-33 W Length: 41. 11
North: 186967 . 6879 East: 1304438. 1297
Line Course: N 89-29-27 W Length: 98 .96
North: 186968 .5673 East: 1304339 . 1736
Line Course: N 00-30-36 E Length: 60. 01
North: 187028. 5749 East: 1304339.7077
Perimeter: 310. 16 Area: 5, 892 . sq. ft. 0. 13 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0. 0040 Course: N 89-33-08 W
Error North: 0. 00003 East: -0. 00401
Precision 1: 77 , 384. 33
page 1
Monterey Plat
Project: 98176 Tue Jan 26 14:44:22 1999
Lot Map Check
Lot name: ROAD
North: 187028.4695 East: 1304419 . 0241
Line Course; S 89-55-26 E Length: 61.65 '
North: 187028.3876 East: 1304480. 6741
Line Course: S 00-30-33 W Length: 246.32
North: 186782.0774 East: 1304478.4851
Line Course: N 89-55-23 W Length: 42. 00
North: 186782. 1338 East: 1304436.4852
Line Course: N 00-30-33 E Length: 226.67
North: 187008.7948 East: 1304438.4995
Curve Length: 30.78 Radius: 19.50
Delta: 90-26-00 Tangent: 19. 65
Chord: 27. 68 Course: N 44-42-26 W
Course In: N 89-29-26 W Course Out: N 00-04-34 E
RP North: 187008.9682 East: 1304419. 0002•
End North: 187028.4682 East: 1304419 . 0261
Perimeter:. 607.42 Area: 10, 428. ,sq. ft. 0.23 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0. 0024 Course: S 56-26-39 E
Error North: -0. 00135 East: 0. 00204
Precision 1: 248,400.24
page 1
Monterey Plat
Project: 98176 Tue Jan 26 13 :54: 19 1999
Lot Map Check
II
Lot name: TOTAL
. North: 187028.5749 East: 1304339.7117
Line Course:; S 89-55-26 E Length: 149.96
North: 187028.3757 East: 1304489. 6716
Line Course: N 00-30-33 E Length: 20. 00
North: 187048.3749 East: 1304489.8493
Line Course: S 89-55-26 E Length: 102.30
North: 187048.2390 East: 1304592. 1492
Line Course: S 00-30-33 W Length: 552 .94
'North: 186495.3208 East: 1304587 . 2355
Line Course: N 89-33-18 W Length: 252 .26
'North: 186497.2801 East: 1304334 .9831
Line Course: N .00-30-36 E Length: 531.32
North: 187028.5790 East: 1304339.7125
Perimeter: 1608.78 Area: 136,279 . sq. ft. 3 . 12 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0. 0042 Course: N 09-54-08 E
Error North: 0. 00411 East: . 0. 00072
Precision 1: 385,817. 62
SECTION 5 T23N R5E W.M.
09-Jun-97 Horizontal: NAD 1983/91 Meters Vertical: NAVD 1988 Meters
'57 NW Corner 9 T23N R5E
Location: Found a 3"flat brass disc with "X" and a punch mark on a concrete post
•
monument down 0.5' at the constructed intersection of NE 12th Street &
Edmonds Avenue NE.
Monument: 3 IN BRASS DISC W/ [X] & PUNCH ON CONC MON, IN CASE,.DN. 0.5'
NORTHING: 56830.947 EASTING: 398127.629 ELEVATION: 99.496
Iebe A521653 ISDCPl�o,3q�
71
Location: Top of 2 1/2" brass disk set in concrete monument 11'8 S. and 9' east of
intersection of Aberdeen Avenue N.E. and N.E. 12th Street.
Monument: BRASS DISC IN CONC MON
NORTHING: 56834.084 EASTING: 397723.712 ELEVATION: 86.756
�4jlvp��.157z 1 044345, .IZ
u=250
Location: Top of 1/4" brass plug set in concrete monument 4' east of centerline
intersection of Aberdeen Avenue N.E. and N.E. 16th Street
Monument: BRASS PLUG IN CONC MON
NORTHING: EASTING: ELEVATION: 93.606
N" €5- 33- l S w
22¢ /NV,
/ 3 Lc, 2i M4D.
5305-1
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND
OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND
MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND
LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT
TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH
RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN
THEREIN.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage
not exceeding the liability amount stated in Schedule A which the Assured
shall sustain by reason of any incorrectness in the assurances set forth
in Schedule A.
1�NN1NG
���p N
DeVe
�prp OF��N�O
tt 16 2040
COMMONWEALTH LAND TITLE INSURANCE CO.
14450 NE 29TH PLACE
BELLEVUE, WA 980073697 •
GREGORY DEVELOPMENT COUNTERSIGNED:
9311 S .E. 36TH ST. , #208
MERCER ISLAND, WA 98040
Attn: GREG 2/1 B •
ITL UNIT #1 - (425) 646-3510
MI A GIBSON - (425) 646-5390
DOUG HEIN - (425) 646-5391
FAX - (425) 646-3513
SCHEDULE A
Subdivision Guarantee
Order No. H809526 Liability: $271 . 50
Premium: $250 . 00
Customer No. --- Tax: 21. 50
Total : $271 .50
1 . Name of Assured: GREGORY DEVELOPMENT
2 . Date of Guarantee: JANUARY 13 , 2000
THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE:
That according to those public records which, under the recording laws,
impart constructive notice of matters affecting title to the following
described land:
See "LEGAL DESCRIPTION: "
The estate or interest in the land which is covered by this guarantee is :
Fee Simple
Title to the estate or interest in the land is vested in:
GREGORY DEVELOPMENT COMPANY, a Washington corporation
subject to the Exceptions shown below, which are not necessarily shown in
order of their priority.
1 . Taxes or assessments which are not shown as existing liens by the
records of any taxing authority that levies taxes or assessments on
land or by the public records .
2 . - (a) Unpatented mining claims; (b) reservations or exceptions in
Patents or in Acts authorizing the issuance thereof; (c) Indian treaty
or aboriginal rights, including, but not limited to, easements or
equitable servitudes; : or (d) water rights, claims or title to water,
whether or not the matters excepted under (a) , (b) , (c) , or (d) are
shown by the public records .
Page 2
EXCEPTIONS Order No. H809526
3 . Title to any property beyond the lines of the land expressly described
herein, or title to streets, roads, avenues, lanes, ways or waterways
on which said land abuts, or the right to maintain vaults, tunnels,
ramps or any other structure or improvement; or any rights or
easements therein unless such property rights or easements are
expressly and specifically set forth in the land described herein.
4 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with
• interest, penalty and statutory foreclosure costs, if any, after
delinquency:
(ls.t half delinquent, May 1; 2nd half delinquent, November 1)
Tax Account No. Year Billed Paid Balance
334390-2522-06 2000 $1, 157 . 25 $ 0 . 00 $1, 157 . 25
1999 $1, 086 . 80 $ 543 .40 $ 543 .40
Total amount due, not including interest
and penalty: $1, 700 . 65
Levy Code: 2100
Assessed Value Land: $89, 000 . 00
Assessed Value Improvements : $ 0 . 00
AFFECTS : Parcel A.
5 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows, together with
interest, penalty and statutory foreclosure costs, if any, after
delinquency:
(1st half delinquent, May 1; 2nd half delinquent, November 1)
Tax Account No. Year Billed Paid Balance
334390-2524-04 2000 $859 . 78 $ 0 . 00 $859 . 78
1999 $806 .55 $403 .28 $403 . 27
Total amount due, not including interest
and penalty: $1, 263 . 05
Levy Code: 2100
Assessed Value Land: $66, 000 . 00
Assessed Value Improvements : $ 0 . 00
AFFECTS : Parcel B
NOTE:
Taxes for the year 2000 are not yet due, but are payable February 15,
2000 .
•
Page 3
EXCEPTIONS Order No. H809526
6 . FILED JUDGMENT:
Against : Gregory Development
In Favor Of : Copeland Lumber Yards Inc.
Amount : $8,413 .46
Entered: September 3 , 1997
King County
Judgment No. : 97-916013-3
Superior Court
Cause No. : 97-2-16560-1
• Attorney For Creditor: David Christopher Spellman
7 . DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
Grantor: Gregory Development Company, a
Washington corporation
Trustee : Commonwealth Land Title Insurance
Company
Beneficiary: Colonial Bank
Original Amount : $680, 000 . 00 •
Dated: April 28, 1999
Recorded: April 30, 1999
Recording No. : 9904301699
Investigation should be made to determine the present balance owed by
contacting the appropriate lender/agency/individual.
8 . Evidence and authority of the officers of GREGORY DEVELOPMENT, a
Washington corporation, to execute the forthcoming instrument should
be submitted.
9 . COVENANTS, CONDITIONS AND RESTRICTIONS imposed by instrument recorded
on August 10, 1989, under Recording No. 8908100162 .
10 . ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR
OTHER SERVITUDES, if any, disclosed by City of Renton Short Plat No.
SHPL-077-89, recorded under King County Recording No. 9007279001.
RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED
DOCUMENT (S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN
SCHEDULE A.
11. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR
OTHER SERVITUDES, if any, disclosed by Lot Line Adjustment No.
LUA-97-003-LLA, recorded under King County Recording No. 9702129004 .
RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED
DOCUMENT (S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN
SCHEDULE A.
12 . ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR
OTHER SERVITUDES, if any, disclosed by Lot Line Adjustment No.
LUA-99-046-LLA, recorded under King County Recording No. 9904219003 .
RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED
DOCUMENT (S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN
SCHEDULE A.
FJG/cgg
Page 4
Order No. H809526
LEGAL DESCRIPTION:
PARCEL A:
The north 266 .32 feet of the east 142 .30 feet of Tract 267,
C.D. Hillman' s Lake Washington Garden of Eden Addition to
Seattle, Division No. 4, according to the plat. thereof
' recorded in Volume 11 of Plats, page 82, in King County,
Washington;
EXCEPT the north 20 . 00 feet lying west of the east 102 .30
feet thereof conveyed to the City of Renton for road
purposes under King County Recording No. 6660996;
(ALSO KNOWN AS Lot 2, City of Renton Lot Line Adjustment
No. LUA-97-003 , recorded under King County Recording No.
9702129004, being a portion of Lots 1 and 2 of City of
Renton Short Plat No. SHPL-077-89, recorded under King
County Recording No. 9007279001.
PARCEL B:
The north 266 .32 feet of Tract 267, C.D. Hillman's Lake
Washington Garden of Eden Addition to Seattle, Division No.
4, according to the plat thereof recorded in Volume 11 of
Plats, page 82, in King County, Washington;
EXCEPT the east 142 .30 feet thereof;
EXCEPT the north 20 . 00 feet lying west of the east 102 .30
feet thereof conveyed to the City of Renton for road
purposes under King County Recording No. 6660996;
AND
The north 13 . 69 feet of the west 98 . 96 feet of Lot 1 of City
of Renton Short Plat No. SHPL-077-89, recorded under King
County Recording No. 9007279001, in King County, Washington;
(ALSO KNOWN AS Lot 3, City of Renton Lot Line Adjustment
No. LUA-99-046-LLA, recorded under King County Recording No.
9904219003, being a portion of Lots 1 and 3 of City of
Renton Short Plat No. SHPL-077-89, recorded under King
County Recording No. 9007279001.
•
Page 5
•
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This sketch is provided, without charge, for your information. It is not intended to show all
matters related to the property including, but not limited to, area, dimensions, easements, en-
croachments, or location of boundaries. It is not a part of, nor does it modify, the commitment or
policy to which it is attached. The Company assumes NO LIABILITY for any matter related to this
sketch. References should be made to an accurate survey for further information.
•
' , SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE obtaining witnesses,prosecuting or defending the action or lawful act which in the opinion
of the Company may be necessary or desirable to establish the title to the estate or interest as
I. Except to the extent that specific assurances are provided In Schedule A of this stated herein,or to establish the lien rights of the Assured. If the Company is prejudiced by
Guarantee,the Company assumes no liability for loss or damage by reason of the the failure of the Assured to furnish the required cooperation,the Company's obligations to
following: the Assured under the Guarantee shall terminate.
(a) Prefects,liens,encumbrances,adverse claims or other matters against the
title,whether or not shown by the public records. 5. Proof of Loss or Damage.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or In addition to and after the notices required under Section 2 of these Conditions
assessments on real property;or,(2) Proceedings by a public agency which may result in and Stipulations have been provided to the Company,a proof of loss or damage signed and
taxes or assessments,or notices of such proceedings,whether or not the matters excluded sworn to by the Assured shall be furnished to the Company within ninety(90)days after the
under(I)or(2)are shown by the records of the taxing authority or by the public records. Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or
(c) (1) Unpatented mining claims;(2)reservations or exceptions in patents or damage shall describe the matters covered by this Guarantee which constitute the basis of loss
in Acts authorizing the issuance thereof;(3)water rights,claims or title to water,whether or or damage and shall state,to the extent possible,the basis of calculating the amount of the
not the matters excluded under(1),(2)or(3)are shown by the public records. loss or damage. If the Company is prejudiced by the failure of the Assured to provide the
required proof of loss or damage,the Company's obligation to such assured under the
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee shall terminate. In addition,the Assured may reasonably be required to submit to
Guarantee,the Company assumes no liability for loss or damage by reason of the examination under oath by any authorized representative of the Company and shall produce
following: for examination,inspection and copying,at such reasonable times and places as may be
' (a) Defects,liens,encumbrances,adverse claims or other matters affecting the designated by any authorized representative of the Company,all records,books,ledgers,
title to any property beyond the lines of the land expressly described in the description set checks,correspondence and memoranda,whether bearing a date before or after Date of
forth in Schedule(A),(C)or in Part 2 of this Guarantee,or title to streets,roads,avenues, Guarantee,which reasonably pertain to the loss or damage. Further,if requested by any
lanes,ways or waterways to which such land abuts,or the right to maintain therein vaults, authorized representative of the Company,the Assured shall grant its permission,in writing,
tunnels,ramps or any structure or improvements;or any rights or easements therein,unless for any authorized representative of the Company to examine,inspect and copy all records,
such property,rights or easements are expressly and specifically set forth in said description, books,ledgers,checks,correspondence and memoranda in the custody or control of a third
(b) Defects,liens,encumbrances,adverse claims or other matters,whether or party, which reasonably pertain to the loss or damage. All information designated as
not shown by the public records; (1)which are created,suffered,assumed or agreed to by confidential by the Assured provided to the Company pursuant to this Section shall not be
one or more of the Assureds;(2)which result in no loss to the Assured;or(3)which do not disclosed to others unless,in the reasonable judgment of the Company,it is necessary in the
result in the invalidity or potential invalidity of any judicial or non judicial proceeding which administration of the claim. Failure of the Assured to submit for examination under oath,
is within the scope and purpose of the assurances provided. produce other reasonably requested information or grant permission to secure reasonably
(c) The identity of any party shown or referred to in Schedule A. necessary information from third parties as required in the above paragraph,unless prohibited
(d) The validity,legal effect or priority of any matter shown or referred to in by law or governmental regulation,shall terminate any liability of the Company under this
this Guarantee. Guarantee to the Assured for that claim.
GUARANTEE CONDITIONS AND STIPULATIONS 6..Options to Pay or Otherwise Settle Claims: Termination of Liability.
1. Definition of Terms. In case of a claim under this Guarantee,the Company shall have the following additional
The following terms when used in the Guarantee mean: options:
(a)the"Assured": the party or parties named as the Assured in this Guarantee, (a)To Pay or Tender Payment of the Amount of Liability or to Purchase the
or on a supplemental writing executed by the Company. Indebtedness.
(b)"land": the land described or referred to in Schedule(A)(C)or in Part 2,and The Company shall have the option to pay or settle or compromise for or in the name of the
improvements affixed thereto which by law constitute real property. The term"land"does Assured any claim which could result in loss to the Assured within the coverage of this
not include any property beyond the lines of the area described or referred to in Schedule Guarantee,or to pay the full amount of this Guarantee or,if this Guarantee is issued for the
(A)(C)or in Part 2,nor any right,title,interest,estate or easement in abutting streets,roads, benefit of a holder of a mortgage or a lienholder,the Company shall have the option to
avenues,alleys,lanes,ways or waterways. purchase the indebtedness secured by said mortgage or said lien for the amount owing
(c)"mortgage":mortgage,deed of trust,trust deed,or other security instrument. thereon,together with any costs,reasonable attorneys'fees and expenses incurred by the
(d) "public records": records established under state statutes at Date of Assured claimant which were authorized by the Company up to the time of purchase.
Guarantee for the purpose of imparting constructive notice of matters relating to real property Such purchase,payment or tender of payment of the full amount of the Guarantee shall
to purchasers for value and without knowledge. terminate all liability of the Company hereunder. In the event after notice of claim has been
(e)"date": the effective date. given to the Company by the Assured the Company offers to purchase said indebtedness,the
owner of such indebtedness shall transfer and assign said indebtedness,together with any
2. Notice of Claim to be Given by Assured Claimant. collateral security,to the Company upon payment of the purchase price.
An Assured shall notify the Company promptly in writing in case knowledge shall come to Upon the exercise by the Company of the option provided for in Paragraph(a)the Company's
an Assured hereunder of any claim of title or interest which is adverse to the title to the estate obligation to the Assured under this Guarantee for the claimed loss or damage,other than to
or interest,as stated herein,and which might cause loss or damage for which the Company make the payment required in that paragraph,shall terminate,including any obligation to
may be liable by virtue of this Guarantee. If prompt notice shall not be given to the continue the defense or prosecution of any litigation for which the Company has exercised
Company,then all liability of the Company shall terminate with regard to the matter or its options under Paragraph 4,and the Guarantee shall be surrendered to the Company for
matters for which prompt notice is required;provided,however,that failure to notify the cancellation.
Company shall in no case prejudice the rights of any Assured under this Guarantee unless the (b)To Pay or Otherwise Settle With Parties Other Than the Assured or With the
Company shall be prejudiced by the failure and then only to the extent of the prejudice. Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant any
3. No Duty to Defend or Prosecute. claim assured against under this Guarantee,together with any costs,attorneys'fees and
The Company shall have no duty to defend or prosecute any action or proceeding to which expenses incurred by the Assured claimant which were authorized by the Company up to the
the Assured is a party, notwithstanding the nature of any allegation in such action or time of payment and which the Company is obligated to pay.
proceeding. Upon the exercise by the Company of the option provided for in Paragraph(b)the Company's
obligation to the Assured under this Guarantee for the claimed loss or damage,other than to
4. Company's Option to Defend or Prosecute Actions;Duty of Assured Claimant to make the payment required in that paragraph,shall terminate,including any obligation to
Cooperate. continue the defense or prosecution of any litigation for which the Company has exercised
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 its options under Paragraph 4.
above:
(a)The Company shall have the right,at its sole option and cost,to institute and 7. Determination and Extent of Liability.
prosecute any action or proceeding,interpose a defense,as limited in(b),or to do any other This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained
act which in its opinion may be necessary or desirable to establish the title to the estate or or incurred by the Assured claimant who has suffered loss or damage by reason of reliance
interest as stated herein,or to establish the lien rights of the Assured,or to prevent or reduce upon the assurances set forth in this Guarantee and only to the extent herein described,and
loss or damage to the Assured. The Company may take any appropriate action under the subject to the Exclusions From Coverage of This Guarantee.
terms of this Guarantee,whether or not it shall be liable hereunder,and shall not thereby The liability of the Company under this Guarantee to the Assured shall not exceed the least
concede liability or waive any provision of this Guarantee. If the Company shall exercise its of:
rights under this paragraph,it shall do so diligently. (a)the amount of liability stated in Schedule A or in Part 2;
(b)If the Company elects to exercise its options as stated in Paragraph 4(a)the (b)the amount of the unpaid principal indebtedness secured by the mortgage of
Company shall have the right to select counsel of its choice(subject to the right of such an Assured mortgagee,as limited or provided under Section 6 of these Conditions and
Assured to object for reasonable cause)to represent the Assured and shall not be liable for Stipulations or as reduced under Section 9 of these Conditions and Stipulations,at the time
and will not pay the fees of any other counsel,nor will the Company pay any fees,costs or the loss or damage assured against by this Guarantee occurs,together with interest thereon;
expenses incurred by an Assured in the defense of those causes of action which allege matters or'
not covered by this Guarantee. (c)the difference between the value of the estate or interest covered hereby as
(c)Whenever the Company shall have brought an action or interposed a defense stated herein and the value of the estate or interest subject to any defect,lien or encumbrance
as permitted by the provisions of this Guarantee,the Company may pursue any litigation to assured against by this Guarantee.
final determination by a court of competent jurisdiction and expressly reserves the right,in
its sole discretion,to appeal from an adverse judgment or order. 8. Limitation of Liability.
(d)In all cases where this Guarantee permits the Company to prosecute or (a)If the Company establishes the title,or removes the alleged defect,lien or
provide for the defense of any action or proceeding,an Assured shall secure to the Company encumbrance,or cures any other matter assured against by this Guarantee in a reasonably
the right to so prosecute or provide for the defense of any action or proceeding,and all diligent manner by any method,including litigation and the completion of any appeals
appeals therein,and permit the Company to use,at its option,the name of such Assured for therefrom,it shall have fully performed its obligations with respect to that matter and shall
this purpose. Whenever requested by the Company,an Assured,at the Company's expense, not be liable for any loss or damage caused thereby.
shall give the Company all reasonable aid in any action or proceeding,securing evidence,
CONDITIONS AND STIPULATIONS CONTINUED ON BACK COVER
CLTA Guarantee Conditions and Stipulations
Form 2015-1 (RPv 12-1c-qrl
:_. _
1
•
•
MOM Gregory Development Company
Gregory Steinhauer
9311 S.E. 36th Street, Suite 208
Mercer Island, WA 98040 -
COMMONWEALTH 1
LAND TITLE INSURANCE COMPANY
01 PHILADELPHIA
STATUTORY WARRANTY DBgD
RE: Eacrow No.: C8243, Title Order No. : H807185 —I
Legal Description: Ptn Tr 267, CD Hillman's Lk We Gar of Eden Addition
to Seattle. Div. No. 4
Assessor's Tax Parde] Z.D. No. 334390-2522-06/2524-04/2520-08
• THE GRANTOR George C. Nelson and Phyllis A. Weldon, husband and wife
an for and in consideration of Ten Dollars (S10.00) end other valuable
consideration in hand paid, conveys and warrants to
e-4
Gregory Development Company, a Waabington Corporation
It" the following described real estate, situated in the County of KING, State
• of Washington:
See "EXHIBIT A" attached hereto and by this reference made a pare hereof
} Legal Description and Special Exceptions attached hereto as Exhibit "A".
Dated: April 28, 1999
•
Ge wC. nelson
Phyll a A. Nelson
State of Washington
se
county of KING. �����p NN1NG
t certify that I know or ve satisfactory evidence that George �C om'-MENT P�--A`
and Phyllis A. Nelson, ear the pe -n(s) who appeared before ma, a" F RENTON
S person(.) acknowledged t .�le•II`4 •ign d this instrument and L.II
acknowledged it to be h:e/*..r �: � o terry act for the uses end
purposes men�QQldin this ins FEB (, (�(�
Dated: `f /� 1, I lJ o�dl➢
•..,, �}� '. o ary n en r e a e o as ng on
� 0,4 z- 5 � RECEIVED
Residing at'
AYL
. B`,, My appointment expires - v 3
} ,
�� Js, a.29.0,f
4:11-
LPS - lfl���-waif*
(Form 571)
4 �
i Y
•
110
2
E168a197 04/30/99 5696.00 300000.00
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Statutory Warranty Deed
Escrow No. : C8243, Title No. : H807185 Pag _-
EXHIBIT A:
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PARCEL A:
The north 266.32 feet of the east 242.30. feet of Tract 267,
C.D. Hillman's Lake Washington Garden of Eden Addition to
Seattle, Division No. 4, according to the plat thereof
recorded is; volume 11 of Plats, Page 82. in Zing County,
Washington;
EXCEPT the north 20.00 test lying
west of the east 102.30
feet thereof cony to the Cityof Renton for road purposes
under Xing County Recording No. 6660996,
(ALSO MOWN AS Lot 2, City of Renton Lot Linn Adjustment No.
LED►-97-003, rrad under Zing County No.
9702129004, be a portion of Lots 1 and 2 of City of Renton
Short Plat No. L-077-89, recorded under King County
Recording No. 9007279001.
PARCEL El
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The north 266.32 feet of Tract 267, C.D. liillmaa's Lake
Washington Garden of Eden Addition to Seattle, Division No.
4, according to the plat thereof recorded in volume 11 of
Plats, page 82, in Xing County, Washington,
o7 EXCEPT the east 142.30 feet thereof;
C EXCEPT the north 20.00 feet lying wet of the east 102.30
CO feet thereof conveyed to the City of
Renton for road purposes
under King County o
Recording No. 6 /
C7 AND
The north 13,69 fast of the west 98.96 feet of Lot 1 of City
of Renton Short Plat No. SEPL-077-89, recorded under King-
County Recording No. 9007279001, in King County, Washington,
• (ALSO KNOWN AS Lot 3, City of Renton Lot Line Ad ustment No.
LDS►-99-046-LLa, recorded under King County Recordiug No.
9904219003, b a portion of Lots 1 and 3 of City of Renton
Short Plat No. S pL-077-89, recorded under King County
Recording No. 9007279001.
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Statutory Warranty Deed Page 3-
Bacrow No. : C8243, Title No. : H807185
SUBJECT TO SPECIAL EXCEPTIONS:
COVENANTS, CONDITIONS AND RESTRICTIONS imposed by instrument
rut recorded on August 10, 1989, under Recording No. 8908100162.
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ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS.
EASEMENTS OR OTHER SERVITUDES, if any, disclosed by City of
Renton Short Plat No. SHPL-077-89, recorded under King County
Recording, No. 9007279001.
RIGHTS OR BENEFITS, IP ANY, WHICH MAY BE DISCLOSED BY THE
RECORDED DOCUMENT(3) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY
DESCRIBED IN SCHEDULE A.
ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
BASEMENTS OR OTHER SERVITUDES; if any. disclosed by Lot Line
Adjustment No. LUA-97-003-LLA, recorded under King County
Recording No. 9702129004.
RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE
RECORDED DOCUMENTS) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY
DESCRIBED IN SCHEDULE A.
ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
O EASEMENTS OR OTHER SERVITUDES, if any. disclosed by Lot Line
Adjustment No. LUA-99-046-LLA, recorded under King County
Recording No. 9904219002.
RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE
RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY
DESCRIBED IN SCHEDULE A.
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Matters discloaed 'by Survey done by D.R. Strong Consulting
Engineers, Inc., on July 20, 1998, Job No. 98-176.
SECOND HALF 1999 REAL ESTATE TAKES.
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END OF EXCEPTIONS
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LPB - 10 (Form 571)
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WASHINGTON STATE COUNTY AUDITOR/ItECORDER'S
COVER SHEET
Return Address:
COLONIAL BANK
Attn: Susanne D.Kelly
40 Lake Bellevue Dove,Ste.1123
Bellevue.Washington 911005
Pseaae prim marry or type information C
Document Tide(s) Qp 7/ `.` I
I. Deed of Trust oo J
2.
3.
. 4.
Reference Number(s)of related documents:
C7
C9 Grantor(s) (Last.First and Middle Initial)
I. Gregory Development Company
2.
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.T74Z" 3-
4.
5.
6.
.. 7.
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8. Additional names on page of document..
Grantee(a) (Last,First and Middle Initial)
I-Colonial Bank •
2.
3-
.=. 4.
5.
6.
7.
8. Additional names on page of document.
Legal Description:
i
• ' Ptn Tract 267. C.D. Hillman's Lake Washington Garden of Eden Addition to
Seattle. Division No. 4
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Assessor's Property Tax Parod m/Accou Number(s)
▪ + 8 334390-2522-06/334390-2524-04 & 334390-2520-08
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RECORDING REQUESTED BY AND
WHEN RECORDED,RETURN TO:
COLONIAL BANK
Attn: Suzanne D.Kelly
40 Lake Bellevue Drive,Ste. 123
Bellevue,Washington 98005
DEED OF TRUST
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THIS DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT
(hereinafter called "Deed of Trust") is made this 28th day of April, 1999, between Gregory
Development Company, a Washington Corporation, whose address is 9311 SE 36' Street,
Suite #208. Mercer Island. Washington 98040(hereinafter called "Grantor"); Commonwealth
Land Title Insurance Company whose address is 601 Union Street, Suite #3700, Seattle.
Washington 98101 (hereinafter called "Trustee"); and COLONIAL. BANK_ whose address is
Post Office Box 1108.Montgomery.Alabama 36101-1 108(hereinafter called"Beneficiary"),
WITNESSETH:
t.0
That Grantor does hereby irrevocably GRANT. BARGAIN. SELL, and CONVEY TO
TRUSTEE IN TRUST, WITH POWER OF SALE,that property in the County of King.State of
Washington. described in Exhibit "A" attached hereto and by this reference incorporated herein,
which is herein collectively called the"Property."
TOGETHER WITH all right, title and interest of Grantor in and to all contract rights,
chattel paper, rents, general intangibles and'all accounts now in existence or hereafter acquired
which arise out of the operation of the Property, including,but not limited to.all monies due and to
become due thereunder and all guaranties and security for the paymcnt of monies due and to
become due thereunder;
TOGETHER WITH all rents, issues. profits, royalties, income and other benefits derived
from the Property(collectively called"rents"),subject to the right,power and authority hereinafter
▪ } given to Grantor to collect and apply such rents;
TOGETHER WITH all leasehold estate, right, title and interest of Grantor in and to all
leases or subleases covering the Property or any portion thereof now or hereafter existing or entered
into;and all right,title and interest of Grantor thereunder, including,without limitation,all cash or
• j security deposits,advance rentals,and deposits or payments of similar nature;
atif
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TOGETHER WITH all right, title and interest of Grantor in and to all options to purchase
or lease the Property or any portion thereof or interest therein,and any greater estate in the Property
owned or hereafter acquired;
TOGETHER WITH all interests, estate or other claims, both in law and in equity, which
Grantor now has or may hereafter acquire in the Property;•-
TOGETHER WITH all easements,rights-of-way and rights used in connection therewith or
as a means of access thereto, and all tenements, hereditaments and appurtenances thereof and
thereto,and all water rights and shares of stock evidencing the same;
TOGETHER WITH all right,title and interest of Grantor,now owned or hereafter acquired.
in and to any land lying within the right-of-way of any street. open or proposed, adjoining the
Property; and any and all sidewalks, alleys. and strips and gores of land adjacent to or used in
connection with the Property;
TOGETHER WITH any and all buildings and improvements now or hereafter erected
thereon, including,but not limited to, the fixtures, attachments, appliances, equipment, machinery
and other articles attached to said buildings and improvements(the"Improvements");
01 TOGETHER WITH all the estate, interest, right, title, other claim or demand, including
S claims or demands with respect to the proceeds of insurance in effect with respect thereto, which
Grantor now has or may hereafter acquire in the Property, and any and all awards made for the
ssii
CDtaking by emir.ent domain or by any proceeding or purchase In lieu thereof of the whole or any part
C", of the Trust Estate, including,without limitation, any awards resulting from a change of grade of
gstreets and awards for severance damages.
� The entire estate, property, and interest hereby conveyed to Trustee may hereafter be
. referred to as the"Trust Estate."
FOR THE PURPOSE OF SECURING:
I. Payment of indebtedness in the total principal amount of Six Hundred Eighty
Thousand and No/I00 Dollars (S 680,000.00 ) with interest thereon, together with all costs and
fees, including reasonable attorneys' fees, incurred by Beneficiary in enforcing the obligations of
r # the Promissory Note,evidenced by that certain Promissory Note of even date herewith(the"Note"),
i executed by Grantor, which has been delivered to, and is payable to, the order of Beneficiary and
which, by this ref rence, is made a part hereof, and any and all modifications, extensions and
+l renewals thereof.
2_ Payment of all sums which may become due from Grantor or advances by Beneficiary or
its successor,with interest thereon at the Promissory Note rate,which include but are not limited to,
fire and other hazard insurance and taxes upon the real property herein described, according to the
terms of this Deed of Trust;payment by the Grantor of all attorneys' fees and coats incurred by the
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Trustee or Beneficiary in foreclosing this Deed of Trust or realizing upon any of the collateral for
the obligations which this Deed of Trust secures; payment by Grantor of all attorneys' fees and
costs incurred by Trustee or Beneficiary in defending the priority or validity of this Deed of Trust
or the title to the Property;payment by Grantor of all sums advanced by Beneficiary to or on behalf
of Grantor for the purpose of clearing encumbrances or defects from the title to the Property
described in this Deed of Trust where Beneficiary. in good faith.believes such encumbrances to be
superior to the lien of the Deed of Trust,including,without limitation.payment of ad valorem taxes
and mechanics' or materialmen's liens which may have gained priority over the lien of costs
incurred by Trustee or Beneficiary in any bankruptcy proceedings or any reorganization or
arrangement proceeding under the Bankruptcy Act affecting Grantor, this Deed of Trust, or the
covenant of Grantor herein contained or incorporated herein by reference and payment of all other
sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the Promissory
• Note rate.
3. Payment of all other sums, with interest thereon, which may hereafter be loaned to
Grantor, its successars, or assigns, by Beneficiary,when evidenced by a promissory note or notes
reciting that they are secured by this Deed of Trust.
This Deed of Trust, the Note, an any other instrument given to evidence or further secure
the payment and performance of any obligation secured hereby may hereafter be referred to as the
"Loan Instruments."
TO PROTECT THE SECURITY OF THIS DEED OF TRUST, GRANTOR HEREBY
COVENANTS AND AGREES AS FOLLOWS:
C ARTICLE I
COVENANTS AND AGREEMENTS OF GRANTOR
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• O Grantor hereby covenants and agrees: •
1.01 Warranties of Title and Authority. Grantor hereby represents and warrants that it is
lawfully seized of an indefeasible fee title to the Property; that it has the authority and right to
execute and deliver this Deed of Trust;that it shall defend the title to the Property against all claims
and demands whatsoever; that the Property is free and clear of any and all liens, claims,
encumbrances. restrictions, encroachments, and interest whatsoever in favor of any third party
except as may be described in Exhibit "A" attached hereto; and that any and all obligations it may
have incurred in connection with the Property are current and without default. In the event any
4 Grantor hereunder is a partnership or a corporation,each person executing this instrument on behalf
of such entity individually and personally represents and warrants that this Deed of Trust and each
other instrument signed in the name of such entity and delivered to evidence or further secure the
obligations secured hereby is, in all respects.binding upon such entity as an act and obligation of
. f said partnership or corporation.
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1.02 payment of Secured Obligation. . To pay when due the principal of, and the interest
on, the indebtedness evidenced by the Note; charges, fees, and all other awns as provided in the
Loan Instruments;and the principal of, and interest on,any future advances secured by this Deed of
Trust.
1.03 Maintenance. Repair. Alteration . To keep the Trust Estate in good condition and
repair,not to remove,demolish,or substantially alter(except such alterations as may be required by
laws,ordinances,or regulations)any of the Improvements;to complete promptly and in a good and
workmanlike manner any building or other improvement which may be constructed on the Property
and promptly restore in like manner any Improvement which may be damaged or destroyed
thereon;to pay when due all claims for labor performed and materials furnished therefor;to comply
with all laws, ordinances, regulations, covenants, conditions, and restrictions now or hereafter
• affecting the Trust Estate or any part thereof or requiring any alterations or improvements; not to
commit or permit any waste or deterioration of the Trust Estate; to keep and maintain abutting
grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, to
comply with the provisions of any Lease; not to commit,suffer,nor permit any act to be done in or
upon the Trust Estate in Violation of any law,ordinance,or regulation.
1.04 Required Insurance. At all times to provide,maintain,and keep in force,or cause to be
provided,maintained,and kept in force,the following policies of irreurance:
a. General liability insurance(in connection with which Beneficiary is to be named
insured) against claims for bodily injury or death or for damage or injury to property
occurring upon,in or about the Property, in such amount as may be reasonably required by
O Beneficiary but in no event less than One Million Dollars(S1,000,000.00) for bodily injury
for one person for each occurrence and One Million Dollars (S1,000,000.00) for property
er damage for each occurrence. Such insurance shall be in form satisfactory to Beneficiary
and provide that it may not be canceled without ten(10)days'prior notice to Beneficiary;
• b. Such other insurance and in such amounts as may, from time to time,be required
by Beneficiary against the same or other hazards;and
c. All policies of insurance required by the terms of this Deed of Trust shall contain
1 . an endorsement or agreement by the insurer that any loss shall be payable in accordance
with the terms of such policy notwithstanding any act or negligence of Grantor which might
i • otherwise result in forfeiture of said insurance and the further agreement of the insurer
• waiving all rights of set-off,counterclaim,or dedurtions rgainst Grantor.
1:05 Delivery of Policies: Payment of Premiurns. That all policies of insurance shall be
issued by companies and in amounts in each company satisfactory to Beneficiary. All policies of
I . insurance shall have attached thereto a lender's loss payable endorsement for. the benefit of
I . , Beneficiary in form satisfactory to Beneficiary. Grantor shall furnish Beneficiary with an original
policy of all policies of required insurance. If Beneficiary consents to Grantor providing any of the
required insurance through blanket policies carried by Grantor and covering more than one (1)
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location,then Grantor shall furnish Beneficiary with a certificate of insurance for each such policy
setting forth the coverage,the limits of liability,the name of the cagier,the policy number.and the
expiration date. At least thirty(30)days prior to the expiration of each such policy, Grantor shall
furnish Beneficiary with evidence satisfactory to Beneficiary of the payment of premium and the
re-issuance of a policy continuing insurance in force as required by this Deed of Trust. All such
policies shall contain a provision that such policies will not be canceled or materially amended,
which term shall include any reduction in the scope or limits of coverage without at least thirty(30)
days'prior written notice to Beneficiary. In the event Grantor fails to provide, maintain, keep in
force, or deliver and furnish to Beneficiary the policies of insurance required by this section,
Beneficiary may procure such insurance or single-interest insurance for such risks covering
Beneficiary's interest, and Grantor will pay all premiums thereon promptly upon demand by
Beneficiary and,until such payment is made by Grantor,the amount of all such premiums,together
with interest thereon at the Notc rate,shall be secured by this Deed of Trust. At the request of the
Beneficiary, Beneficiary may require Grantor to deposit with Beneficiary in monthly installments,
an amount equal to one-twelfth(1/12)of the estimated aggregate annual insurance premiums on all
policies of insurance required by this Deed of Trust. In such event, Grantor further agrees, upon
Beneficiary's request, to cause all bills, statements, or other documents relating to the foregoing
insurance premiums to be sent or mailed directly to Beneficiary. Upon receipt of such bills,
statements, or other documents and providing Grantor has deposited sufficient funds with
Beneficiary pursuant to this Section 1.05. Beneficiary shall pay such amounts as may be due
thereunder out of the funds so deposited with Beneficiary. If at any time and for any reason the
funds deposited with such Beneficiary are or will be insufficient to pay such amounts as may then
or subsequently be due,Beneficiary shall notify Grantor and Grantor shall immediately deposit an
amount equal to such deficiency with Beneficiary. Notwithstanding the foregoing, nothingCID
contained herein shall cause Beneficiary to be deemed a trustee of said funds or to be obligated to
pay any amounts in excess of the amount of funds deposited with Beneficiary pursuant to this
C'] Section 1.05. Beneficiary may commingle said reserve with its own funds and Grantor shall be
entitled to no interest thereon.
1.06 Assignment of Policies Upon Foreclosure. In the event of foreclosure of this Deed of
Trust or other transfer of title or assignment of the Trust Estate in extinguishment, in whole or in
part, of the debt secured hereby, all right. title. and interest of Grantor in and to all policies of
insurance required by Section 1.04 shall inure to the benefit of and pass to the successor in interest
to grantor or the purchaser or grantee of the Trust Estate. '•
1.07 jndemrtification:Subrogation:Waiver of Offset.
a. If Beneficiary is made a party defendant to any litigation concerning this Deed of
Trust or the Trust Estate or any part thereof or interest therein,or the occupancy thereof by
Grantor, then Grantor; shall indemnify, defend, and hold Beneficiary harmless from all
i liability by reason of said litigation, including reasonable attorneys' fees and expenses
M t incurred by Beneficiary in any such litigation, whether or not any such litigation is
prosecuted to judgment. If Beneficiary commences an action against Grantor to enforce
any of the terms hereof or because of the breach by Grantor of any of the terms hereof or for
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the recovery of any sum secured hereby, Grantor shall pay to Beneficiary reasonable
attorneys' fees and expenses, and such fees and expenses shall be deemed to have accrued
on the commencement of such action,and shall be enforceable whether or not such action is
prosecuted to judgment. If Grantor breaches any term of this Deed of Trust, Beneficiary
may employ an attorney or attorneys to protect its rights hereunder and, in the event of such
employment following any breach by Grantor, Grantor shall pay Beneficiary reasonable
attorneys' fees and expenses incurred by Beneficiary, whether or not an action is actually
commenced against Grantor by reason of such breach.
b. Grantor waives any and all right to claim or recover against Beneficiary, its
officers, employees,agents,and representatives,for loss of or damage to Grantor, the Trust
Estate,Grantor's property.or the property of others under Grantor's control from any cause
insured against or required to be insured against by the provisions of this Deed of Trust.
c. All sums payable by Grantor hereunder shall be paid without notice, demand, •
counterclaim,set-off, deduction.or defense and without abatement, suspension, deferment,
diminution,or reduction;and the obligations and liabilities of Grantor hereunder shall in no
way be released.discharged,or otherwise affected(except as expressly provided herein)by
reason of(i)any damage to or destruction of or any condemnation or similar taking of the
Trust Estate or any part thereof;(ii)any restriction or prevention of or interference with any
use of the Trust Estate or any part thereof; (iii) any title defect or encumbrance or any
eviction from the Property or the Improvements or any part thereof by title paramount or
otherwise; (iv) any bankruptcy, insolvency, reorganization, composition. adjustment,
dissolution,liquidation, or other like proceeding relating to Beneficiary,or any action taken
with respect to this Deed of Trust by any trustee or receiver of Beneficiary,or by any court,
in any such proceeding;(v)any claim which Grantor has or might have against Beneficiary;
C7 (vi)any default or failure on the part of Beneficiary to perform or comply with any of the
err terms hereof or of any other agreement with Grantor; or (vii) any other occurrence
whatsoever, whether similar or dissimilar notice or knowledge of any of the foregoing.
Except as expressly provided herein, Grantor waives all rights now or hereafter conferred
by statute or otherwise to any abatement,suspension,deferment,diminution,or reduction of
any sum secured hereby and payable by Grantor.
1.08 Taxes and Impositions.
' i a. Grantor agrees to pay or cause to be paid, at least ten (10) days prior to
delinquency,all real property taxes and assessments,general and special.and all other taxes
and assessments •of any kind or. nature whatsoever, including, without limitation
nongovernmental levies or charges resulting from covenants, conditions, and restrictions
affecting the Trust Estate,which assessed or imposed upon the Trust Estate or become due
and payable,and which create,may create,or appear to create a lien upon the Trust Estate
or any part thereof or upon any Personal Property,equipment, or other facility used in the
1 operation or maintenance thereof(all of which taxes,assessments, and other governmental
charges of like nature are hereinafter referred to as "Impositions");Ilil84ftnri,however.that
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if,by law, any such Imposition is payable or may,at the option of the taxpayer, be paid in
installments, Grantor may pay or cause to be paid the same, together with any accrued
interest on the unpaid balance of such Imposition, in installments as the same become due;
and before any fine, penalty, interest, or cost may be added thereto for the nonpayment of
any such installment and interest.
b. If,at any time after the date hereof.there shall be assessed or imposed(i)a tax or
assessment on the Trust Estate in lieu of or in addition to the Impositions payable by
Grantor pursuant to subparagraph a.hereof;or(ii)a license fee,tax,or assessment imposed
on Beneficiary and measured by or based in whole or in part upon the amount of the
outstanding obligations secured hereby, then all such taxes, assessments, or fees shall be
deemed to be included within the term "Impositions" as defined in subparagraph a. hereof,
and Grantor shall pay and discharge or cause to be paid and discharged the same as herein
provided with respect to the payment of Impositions or, at the option of Beneficiary, all
obligations secured hereby, together with all accrued interest thereon, shall immediately
become due and payable. Anything to the contrary herein notwithstanding, Grantor shall
have no obligation to pay any franchise, estate. inheritance, income, excess profits, or
similar tax levied on Beneficiary or on the obligations secured hereby.
c. Subject to the provisions of subparagraph d. of this Section 1.08, Grantor
covenants to furnish to Beneficiary, within forty-five (45) days after the date upon which
any such Imposition is due and payable by Grantor, official receipts of the appropriate
taxing authority or other proof satisfactory to Beneficiary evidencing the payments thereof.
d. Grantor shall have the right,before any delinquency occurs, to contest or object
to the amount or validity of any such Imposition by appropriate legal proceedings,but this
shall not be deemed or construed in any way as relieving. modifying, or extending
C9 Grantor's covenant to pay or cause to be paid any such Imposition at the time and in the
C manner provided in this Section 1.08, unless Grantor has given prior written notice to
Beneficiary of Grantor's intent to so contest or object to an Imposition; and unless, at
Beneficiary's sole option, (i)Grantor shall demonstrate to Beneficiary's satisfaction that the
legal proceedings shall conclusively operate to prevent the sale of the Trust Estate or any
part thereof to satisfy such imposition prior to final determination of such Proceedings; or
(ii) Grantor shall furnish a good and sufficient bond or surety as requested by and
satisfactory to Beneficiary; or (iii) Grantor shall have provided a good and sufficient
undertaking as may be required or permitted by law to accomplish a stay of such
proceedings.
e. At the request of the Beneficiary, Beneficiary may require Grantor to pay to
Beneficiary,on the day monthly installments of principal and interest are payable under the
Note and until the Note is paid in full,an amount equal to one-twelfth(1/12)of the annual •
11 1 Impositions reasonably estimated by Beneficiary to pay the installment of taxes next due on
the Trust Estate. In such event,Grantor further agrees to cause all bills,statements,or other
documents relating to Impositions to be sent or mailed directly to Beneficiary. Upon receipt
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of such bills,statements,or other documents and providing Grantor has deposited sufficient
funds with Beneficiary pursuant to this Section 1.08,Beneficiary shall pay such amounts as
may be due thereunder out of the funds so deposited with Beneficiary. If, at any time and
for any reason, the funds deposited with Beneficiary are or will be insufficient to pay such
amounts as may then or subsequently be due, Beneficiary shall notify Grantor and Grantor
shall immediately deposit an amount equal to such deficiency with Beneficiary.
Notwithstanding the foregoing, nothing contained herein shall cause Beneficiary to be
deemed a trustee of said funds or to be obligated to pay any amounts in excess of the
amount of funds deposited with Beneficiary pursuant to this Section 1.08. Beneficiary shall
not be obliged to pay or alk w any interest on any sums held by Beneficiary pending
disbursement or application hereunder,and Beneficiary may impound or reserve for future
payment of Impositions such portion of such payments as Beneficiary may in its absolute
discretion deem proper, applying the balance on the principal of or interest on the
obligations secured hereby. Should Grantor fail to deposit with Beneficiary (exclusive of
that portion of said payments which has been applied by Beneficiary on the principal of or
interest on the indebtedness secured by the Loan Instruments) sums sufficient to fully pay
such Impositions at least thirty (30) days before delinquency thereof. Beneficiary may, at
Beneficiary's election,but without any obligation so to do,advance any amounts required to
make up the deficiency, which advances, if any, shall be secured hereby and shall be
repayable to Beneficiary as herein elsewhere provided or, at the option of Beneficiary, the
latter may, without making any advance whatever, apply any sums held by it upon any
obligation of the Grantor secured hereby. Should any default occur or exist on the part of
the Grantor in the payment or performance of any of Grantor's and/or any guarantor's
obligations under the terms of the Loan Instruments, Beneficiary may, at any time at
Beneficiary's option,apply any sums or amounts in its hands received pursuant hereto,or as
rents or income of the Trust Estate or otherwise,upon any indebtedness or obligation of the
Grantor secured hereby in such manner and order as Beneficiary may elect The receipt,use
C'7 or application of any such sums paid by Grantor to Beneficiary hereunder shall not be
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construed to affect the maturity of any indebtedness secured by this Deed of Trust or any of
the rights or powers of Beneficiary or Grantor under the terms of the Loan Instruments.or
any of the obligations of Grantor and/or any guarantor under this Loan Instrument.
f. Grantor covenants and agrees not to suffer,permit,or initiate the joint assessment
of the real and personal property, or any other procedure whereby the lien of the real
property taxes and the lien of the personal property taxes shall be assessed, levied or
{ charged to the Trust Estate as a single lien.
g. If requested by Beneficiary,Grantor shall cause to be fiunished to Beneficiary a
tax reporting service coveting the Trust Estate of the type, duration and with a company
1 satisfactory to Beneficiary.
1.09 Utilitirl. To pay or cause to be paid when due all utility charges which are incurred by
• Grantor for the benefit of the Trust Estate or which may become a charge or lien against the Trust
pstst,- for gas,' electricity, water or sewer services furnished to the Trust Estate and all other
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assessments or charges of a similar nature, whether public or private, affecting the Trust Estate or
any portion thereof,whether or not such taxes.assessments or charges are liens thereon.
1.10 Ground Leases. To pay when due all rents and other payments and perform all
covenants and agreements contained in any Iease,sublease or ground lease which may constitute a
portion of or an interest in the Trust Estate; not surrender, assign or sublease any such lease.
sublease or ground lease,nor take any action which would effect or permit the termination of any
such lease, sublease or ground lease. If requested by Beneficiary Grantor covenants to furnish to
Beneficiary within thirty(30)days alter the date upon which such rents or other payments are due
and payable by Grantor, receipts or other evidence satisfactory to Beneficiary evidencing the
payment thereof.
1.11 Actions Affecting Trust Estate. To appear in and contest arty action or proceeding
purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;and to pay
all costs and expenses, including cost of evidence of title and attorneys' fees, in any such action or
proceeding in which Beneficiary or Trustee may appear.
1.12 Actions by Trustee and/or Beneficiary to Preserve Trust Estate. That should Grantor
fail to make or cause to be made any payment or to do or cause to be done any act as and in the
manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, each in its own
discretion, without obligation so to do and without notice to or demand upon Grantor and without
releasing Grantor from any obligation,may make or do the same in such manner and to such extent
as either may deem necessary to protect the security hereof. In connection therewith (without
limiting their general powers),Beneficiary and/or Trustee shall have and are hereby given the right,
CTI but not the obligation, (i) to enter upon and take possession of the Trust Estate; (ii) to make
additions, alterations, repairs and improvements to the Trust Estate which they or either of them
rl may consider necessary or proper to keep the Trust Estate in good condition and repair, (iii) to
appear and participate in any action or proceeding affecting or which may affect the security hereof
qtr or the rights or powers of Beneficiary or Trustee; (iv) to pay,purchase, contest or compromise any
encumbrance,claim.charge, lien or debt which in the judgment of either may affect or appears to
affect the security of this Deed of Trust or be prior or superior hereto; and (v) in exercising such
powers, to pay necessary expenses, including employment of counsel or other necessary or
desirable consultants. Grantor shall, immediately upon demand therefor by Beneficiary, pay all
costs and expense incurred by Beneficiary in connection with the exercise by Beneficiary of the
foregoing rights, including without limitation costs of evidence of title, court costs, appraisals,
surveys and attorneys'fees.
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jl 1.13 Additional Security. That in the event Beneficiary at any time holds additional
security for any of the obligations secured hereby, it may enforce the sale thereof or otherwise
1 realize upon the same, at its option, either before or concurrently herewith or after a sale is made
hereunder.
• 1.14 Appointment ofsor Trustee. That in the event of dissolution or resignation of
the Trustee,the Beneficiary may substitute a trustee or trustees to execute the trust hereby created.
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and when such substitution has been filed for record in the office of the Recorder of the County in
which the Trust Estate is located,it shall be conclusive evidence of the appointment of such trustee
or trustees, and such new trustee or trustees shall succeed to all of the powers and duties of the
trustee or trustees named herein.
1.15 Successors and Assigns. That this Deed of Trust applies to, inures to the benefit of and
binds all parties hereto, their, heirs, legatees, devisees. administrators, executors, successors and
assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether or not
named as Beneficiary herein. In this Deed of Trust, whenever the context so requires, the
masculine gender includes the feminine and/or neuter,and the singular number includes the plural.
1.16 Inspections. That Beneficiary, or its agents, representatives or workmen. are
authorized to enter at any reasonable time upon or in any part of the Trust Estate for the purpose of
inspecting the same and for the purpose of performing any of the acts it is authorized to perform
under the terms of any of the Loan Instruments.
1.17 Um. To pay and promptly discharge or cause to be paid and discharged,at Grantor's
cost and expense,all liens encumbrances and charges upon the Trust Estate,or any part thereof or
interest therein which have priority over this Deed of Trust; provided that the existence of any
mechanic's, laborer's,materialman's,supplier's or vendor's lien or right thereto shall not constitute a
violation of this section if payment is not yet due under the contract which is the foundation thereof
and if such contract does not postpone payment for more than fifty-five (55) days after the
performance thereof. Grantor shall have the right to contest in good faith the validity of any such
lien,encumbrance or charge,provided Grantor shall first deposit with Beneficiary a bond or other
security satisfactory to Beneficiary in such amounts as Beneficiary shall reasonably require.but not
more than one and one-half(150%) of the amount of the claim, and provided further that Grantor
CV shall thereafter diligently proceed to cause such lien.encumbrance or charge to be removed and
• discharged. If Grantor shall fail to discharge any such lien, encumbrance or charge. then, in
addition to any other right or remedy of Beneficiary,Beneficiary may,but shall not be obligated to,
• discharge the same,either by paying the amount claimed to be due,or by procuring the discharge of
such lien by depositing in court a bond or the amount claimed or otherwise giving security for such
01 claim,or in such manner as is or may be prescribed by law.
1.18 Trustee's Powers. At any time, or from time to time, without liability therefor and
without notice, upon written request of Beneficiary and presentation of this Deed of Trust and the
i Note secured hereby for endorsement,and without affecting the personal liability or any person for
payment of the indebtedness secured hereby or the effect of this Deed of Trust upon the remainder
1 of said Trust Estate,Trustee may(i)reconvey any part of said Trust Estate;(ii)consent in writing to
1 the making of any map or plat thereof;(iii)join in granting any easement thereon;or(iv)join in any
extension agreement or any agreement subordinating the lien or charge hereof.
. J 1.19 Beneficiary's Powers. Without affecting the liability of any other person liable for the
payment of any obligation herein mentioned,and without affecting the lien or charge of this Deed
Jr of Trust upon any portion of the Property not then or theretofore released as security for the full
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amount of all unpaid obligations, Beneficiary may. from time to time at the request of any one of
the Grantors, or their successors or assigns and without notice(i)release any person so liable; (ii)
extend the maturity or alter any of the terms of any such obligation; (iii) grant other indulgences;
(iv) release or reconvey, or cause to be released or reconvcyed at any time at Beneficiary's option
any parcel or portion of the Trust Estate so long as the release or reconveyance does not materially
• affect the security value of the Trust Estate; (v)take or release any other or additional security for
any obligation herein mentioned; or(vi)make compositions or other arrangements with debtors in
relation thereto. By accepting payment of any obligation herein mentioned after its due date,
Beneficiary does not waive its right either to require prompt payment when due of all other
obligations herein mentioned or to declare default for failure so to pay.
1.20 financial Statements. Grantor will keep full, complete and correct books of account
reflecting transactions relating to the Property and at any and all times permit the Beneficiary by its
agents or attorneys to examine all of his books of accounts, records, reports and other papers
relating to the Property, and to take copies and extracts therefrom and to examine the Property.
Grantor will furnish to Beneficiary as soon as available,and in any event within ninety(90) days
after the end of each fiscal year of Grantor,certified as correct by Grantor or the Property manager.
copies of operating statements showing the gross income(itemized as to minimum and percentage
rent and other sources)during the preceding fiscal year received from the operations of the Property
and the expenses of maintaining the Property(itemized including depreciation charges)during the
preceding fiscal year. Concurrently with the furnishing of the aforesaid financial statements,
Grantor will deliver to the Beneficiary a statement of income of Grantor for such fiscal year. Such
operating statements and statements of income shall be accompanied by the certificate or opinion of
an independent certified public accountant or firm selected by Grantor subject to approval by
TBeneficiary, which approval shall not be unreasonably withheld, attesting that such statements
:D fairly represent the financial condition of the Grantor and that said accountants are independent.
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1.21 Trade Names. At the request of Beneficiary,Grantor shall execute a certificate in form •
satisfactory to Beneficiary listing the trade names under which G antor intends to operate the Trust
Estate, and representing and warranting that Grantor does business under no other trade names with
respect to the Trust Estate the Grantor shall immediately notify Beneficiary in writing of any
.?� change ir.said trade names,and will,upon request of Beneficiary,execute any additional financing
statements and other certificates revised to reflect the change in trade name.
1.22 Eminent Domain. That should the Trust Estate,or any part thereof or interest therein,
P be taken or damaged by reason of any public improvement or condemnation proceeding or in any
I other manner ("Condemnation") or should Grantor receive any notice or other information
regarding such proceeding,Grantor shall give prompt written notice thereof to Beneficiary.
a. Beneficiary shall be entitled to all compensation, awards and other payments or
relief therefor,and shall be entitled at its option to commence,appear in and prosecute in its
. % own name any action or proceedings. Beneficiary shall also be entitled to make any
compromise or settlement in connection with such taking or damage. All such
compensation, awards, damages, rights of action and proceeds awarded to Grantor (the
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"Proceeds")are hereby assigned to Beneficiary and Grantor agrees to execute such further
assignments of the Proceeds as Beneficiary or Trustee may require.
b. In the event any portion of the Trust Estate is so taken or damaged, Beneficiary
shall have the option, in its sole and absolute discretion, to apply all such proceeds, after
deducting therefrom all costs and expenses(regardless of the particular nature thereof and
whether incurred with or without suit), including attorneys' fees, incurred by it in
connection with such Proceeds, upon any indebtedness secured hereby and in such order as
Beneficiary may determine, or to apply all such Proceeds, after such deductions, to the
restoration of the Trust Estate upon such conditions as Beneficiary may determine.
Notwithstanding any of the foregoing, the proceeds, less any administrative and legal costs
and fees incurred by Beneficiary, shall be used to reimburse Grantor for the cost of
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restoration of the Improvements, provided that restoration is economically and legally
feasible in the reasonable judgment of the Beneficiary and,provided further,that Grantor is
not nor has been in default under any of the Loan Instruments. Such application or release
shall not cure or waive any default or notice of default hereunder or invalidate any act done
pursuant to such notice.
1.23 Repayment of Advances. Upon receipt of notice,the Grantor shall repay immediately
all sums expended or advanced hereunder by or on behalf of Beneficiary or Trustee, with interest
from the date of such advance or expenditure at the rate contained in the Note, and the repayment
thereof shall be secured hereby. Failure to repay such expenditure or advance and interest thereon
T within ten (10) days of such notice will, at Beneficiary's option, constitute an event of default
hereunder,or Beneficiary may, at its option, commence an action against Grantor for the recovery
G of such expenditure or advance and interest thereon, and in such event Grantor agrees to pay, in
addition to the amount of such expenditure or advance, all costs and expenses incurred in such
action.together with a reasonable attorney's fees.
ARTICLE II
REMEDIES UPON DEFAULT
2.01 Events of Default_ Any of the following events shall be deemed as event of default
hereunder:
a. Default shall be made in the payment of any installment of principal or interest on the
• Note or any other sum secured hereby when due;or
b_ Grantor shall file a voluntary petition in bankruptcy or shall be adjudicated_a
bankrupt or insolvent, or shall file any petition or answer seeking or acquiescing in any
reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar
relief for itself under any present or future federal, state or other statute, law or regulation
. relating to bankruptcy, insolvency or other relief for debtors;or shall seek or consent to or
acquiesce in the appointment of any trustee,receiver or liquidator of Grantor or of all or any
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part of the Trust Estate, or of any or all of the royalties, revenues, rents, issues or profits
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thereof,or shall make any general assignment for the benefit of creditors,or shall admit in
writing its inability to pay its debts generally as they become due;or
c. A court of competent jurisdiction shall enter an order, judgement or decree
approving a petition filed against Grantor seeking any reorganization,dissolution or similar
relief under any present or future federal,state or other statute, law or regulation relating to
bankruptcy, insolvency or other relief for debtors,and such order,judgment or decree shall
remain unvacated and unstayed for an aggregate of sixty (60) days (whether or not
consecutive) from the first date of entry thereof; or any trustee, receiver or liquidator of
Grantor or of all or any part of the Trust Estate, or of any or all of the royalties,revenues,
rents, issues or profits thereof, shall be appointed without the consent or acquiescence of
Grantor and such appointment shall remain unvacated and unstayed for an aggregate of
sixty(60)days(whether or not consecutive);or
d. A writ of execution or attachment or any similar process shall be issued or levied
against all or any part of or interest in the Trust Estate,or any judgment involving monetary
damages shall be entered against Grantor which shall become a lien on the Trust Estate or
any portion thereof or interest therein and such execution, attachment or similar process or
judgment is not released,bondexi,satisfied, vacated or stayed within sixty(60)days after its
entry or levy;or
e. There has occurred a breach of or default under any term, covenant, agreement,
'r"1 condition.provision,representation or warranty contained in any of the Loan Instruments or
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any part thereof,not referred to in this Section 2.01.
2.02 Acceleration Unon Default. Additional Remedies. In the event of any event of
C`7 default, Beneficiary may declare all indebtedness secured hereby to be due and payable and the
same shall thereupon become due and payable without any presentment,demand,protest or notice
of any kind. Thereafter,Beneficiary may:
a. Either in person or by agent,with or without bringing any action or proceeding.
or by a receiver appointed by a court and without regard to the adequacy of its security.
enter upon and take possession of the Trust Estate,or any part thereof.in its own name or in
the name of Trustee,and do any acts which it deems necessary or desirable to preserve the
value, marketability or rentability of the Trust Estate, or part thereof or interest therein,
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increase the income therefrom or protect the security hereof and. with or without taking
possession cf the Trust Estate, sue for or otherwise collect the rents,u issues and profits
I thereof,including those past due and. repaid,and apply the same, leas costa and expenses of
{ operation and collection, including attorneys' fees, upon any indebtedness secured hereby,
! all in such order as Beneficiary may determine. The entering upon and taking possession of
the Trust Estate,the collection of such rents,issues and profits and the application thereof as
aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate
any act done in response to such default or pursuant to such notice of default and,
notwithstanding the continuance in possession of the Trust Estate or the collection,receipt
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and application of rents,issues or profits,Trustee or Beneficiary shall be entitled to exercise
every right provided for in any of the Loan Instruments or by law upon occurrence of any
event of default, including the right to exercise the power of sale;
b. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a
receiver,or specifically enforce any of the covenants hereof;
c. Execute or cause the Trustee to execute a written notice of such default and of his
election to cause to be sold the Trust Estate to satisfy the obligations hereof and shall cause
such notice to be recorded in the office of the Recorder of each recording district in which
the Trust Estate or some part thereof is located.
2.03 Foreclosure 12y Power of Sale. Should Beneficiary elect to foreclose by exercise of the
power of sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this
Deed of Trust and the Note and such receipts and evidence of expenditures made and secured
hereby as Trustee may require.
a. Upon receipt of such notice from Benefrcirry, Trustee shall cause to be given
such Notice of Default as then required by law. Trustee shall, without demand on Grantor,
after lapse of such time as may then be required by law and after Notice of Sale having been
given as required by law,sell the Trust Estate at the time and place of sale fixed by it in said
Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall
deem expedient, and in such order as it may determine, at public auction to the highest
bidder for cash in lawful money of the United States payable at the time of sale. Trustee
shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds
conveying the property so sold,but without any covenant or warranty,express or implied.
The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness
thereof. Any person, including, without limitation, Grantor, Trustee or Beneficiary, may
otr purchase at such sale.
b. After deducting all costs, fees and expenses of Trustee and of this Trust,
including costs of evidence of title and reasonable counsel fees in connection with sale,
Trustee shall apply the proceeds of sale to payment of all sums expended under the terms
hereof, not then repaid, with accrued interest at the Note rate, all other sums then secured
hereby and the remainder,if any,to the person or persons legally entitled thereto.
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2.04 Appointment of Receiver. If any event of default described in Section 2.01 of this
Deed of Trust shall have occurred and be continuing,Beneficiary, as a matter of right and without
notice to Grantor or anyone claiming under Grantor, and without regard to the then value of the
Trust Estate or the interest of Grantor therein, shall have the right to apply to any court having
jurisdiction to appoint a receiver or receivers of the Trust Estate, and Grantor hereby irrevocably
consents to such appointment and waives notice of any application therefor. Any such receiver or
receivers shall have all the usual powers and duties of receivers in like or similar cases and all the
powers and duties of Beneficiary in case of entry as provided in Section 2.02a and shall continue as
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such and exercise all such powers until the date of confirmation of sale of the Trust Estate unless
such receivership is sooner terminated.
2.05 Remedies Not Exclusive. Trustee and Beneficiary,and each of them,shall be entitled
to enforce payment and performance of any indebtedness or obligations secured hereby and to
exercise all rights and powers under this Deed of Trust or under any Loan Instrument or other
agreement or any laws now or hereafter in force, notwithstanding some or all of the said
indebtedness and obligations secured hereby may now or hereafter be otherwise secured, whether
by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this
Deed of Trust nor its enforcement whether by court action or pursuant to the power of sale or other
powers herein contained, shall prejudice or in any manner affect Trustees or Beneficiary's right to
realize upon or enforce any other security now or hereafter held by Trustee or Beneficiary,it being
agreed that Trustee and Beneficiary, and each of them,shall be entitled to enforce this Deed of
Trust and any other security now or hereafter held by Beneficiary or Trustee in such order and
manner as they or either of them may in their absolute discretion determine. No remedy herein
conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other
remedy herein or by law provided or permitted, but each shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in equity or
by statute. Every power or remedy given by any of the Loan Instruments to Trustee or Beneficiary
or to which either of them may be otherwise entitled, may be exercised, concurrently or
independently, from time to time and as often as may be deemed expedient by Trustee or
Beneficiary and either of them may pursue inconsistent remedies.
2.06 P storation of Former Positions. In case Beneficiary shall proceed to enforce any right
under this Deed of Trust and the proceedings for enforcement thereof shall have been discontinued
�-f or abandoned for any reason or shall have been determined adversely to the Beneficiary,then.and in
every such case the Beneficiary, the Trustee and the Grantor shall,subject to any determination in
Csuch proceedings, severally and respectively be restored to their former positions and rights
hereunder, and thereafter all rights and remedies and powers of the Beneficiary and the Trustee
shall continue as though no such proceeding had been taken.
2.07 Sate_ Transfer_ Vacation or Encumbrance of Property Prohibited. So long as any
obligation secured hereby remains unpaid, the Grantor covenants and agrees that neither said
Property nor any portion thereof nor interest therein nor a controlling interest of Grantor (if a
corporation or limited liability company) nor a general partnership interest in Grantor (if a
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partnership) shall be sold, conveyed, trartafcrrel or encumbered bythe Beneficiary's prior written consent. If title to said any Grantor without the
Property or-a controlling interest of Grantor (if a corporation1 3' or portion liability interestomain said
general partnership interest in Grantor (if a rtnershi or limited e company) or a
p p partnership) shall pass from the Grantor by deed or
otherwise,voluntarily or involuntarily or if said Property or any portion or interest therein is sold on
contract, or if the Property or an
Property or anyany portion or interest therein is vacated by the Grantor, or if said portion of interest therein or a controlling interest of Grantor(if a corporation or
limited liability company) or a general partnership interest in Grantor(if a partnership) is further
encumbered without the consent of the Beneficiary,such change in title or occupancy or interest of
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Grantor or further encumbrance shall be deemed to increase the risk of the Beneficiary, and the
Beneficiary may declare all sums secured hereby immediately due and payable,or may at its sole
option consent to such change in title or occupancy or interest of Grantor and increase the interest
rate on the indebtedness hereby secured. In the event Beneficiary accelerates said indebtedness
pursuant to the terms of this paragraph, Grantor shall pay, in addition to the indebtedness. the
prepayment bonus as set forth in the Note, if any. In the event ownership of the Property or any
portion thereof becomes vested in a person other than the Grantor herein named,or if a controlling
interest in Grantor(if a corporation or limited liability company)or a general partnership interest in
Grantor.(if a partnership) is sold or encumbered, Beneficiary may, without notice to the Grantor
herein named, whether or not Beneficiary has given written consent to such change in ownership.
deal with such successor or successors in interest with reference to this Deed of Trust and the
obligations secured hereby, in the same manner as with the Grantor herein named, without in any
• way vitiating or discharging Grantor's liability hereunder or the obligations hereby secured.
2.08 lteouest for Notice. Grantor hereby requests a copy of any notice of default and that
any notice of sale hereunder be mailed to it at the address set forth in the first paragraph of this
Deed of Trust.
ARTICLE 1II
MISCELLANEOUS
3.01 Governing Law. This Deed of Trust, Assignment of Rents and Security Agreement
shall be governed by the laws of the State of Washington. In the event that any provision or clause
of any of the Loan Instruments conflicts with applicable laws, such conflicts shall not affect other
provisions of such Loan Instruments which can be given effect without the conflicting provision,
and to this end the provisions of the Loan Instruments are declared to be severable. This instrument
cannot be waived,changed,discharged or terminated orally.but only by an instrument in writing
Cl signed by the party against whom enforcement of any waiver, change, discharge or termination is
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3.02 Limitation of Interest. It is the intent of Grantor and Beneficiary in the execution of
this Deed of Trust, the Note and all other instruments securing the Note to contract in strict
compliance with the usury laws of the State of Washington governing the loan evidenced by the
• Note. In furtherance thereof,Beneficiary and Grantor stipulate and agree that none of the terms and
provisions contained in the Loan Instruments shall ever be construed to create a contract for the use.
forbearance or detention of money requiring payment of interest at a rate in excess of the maximum
interest rate permitted to be charged by the laws of the State of Washington governing the loan
evidenced by the Note. Grantor or any guarantor, endorser or other party now or hereafter
becoming liable for the payment of the Note shall never be liable for unearned interest on the Note
( and shall never be required to pay interest on the Note at a rate in excess of the maximum interest
that may be lawfully charged under the laws of the State of Washington and the provisions of this
section shall control over all other provisions of the Note and any other instrument executed in
connection herewith which may be in apparent conflict herewith. If a court of competent
jurisdiction shall make a final determination that the performance of any provision of the Note shall
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result in a payment of an amount for such use,forbearance or detention in excess of such rate. then
(i) such provision shall be deemed to be appropriately modified to the extent necessary to reduce
such amount to an amount not in excess of such rate; and (ii) any such excess amounts theretofore
received by the holder of the Note shall be deemed to have been applied to the redemption at par of
a like principal amount of the Note, and all necessary reallocations of subsequent payments with
respect to such Note shall be made and appropriately annotated on such Note.
3.03 Statements by Grantor. Grantor,within ten(10)days after being given notice by mail,
will furnish to Beneficiary a written statement stating the unpaid principal of and interest on the
Note and any other amount secured by this Deed of Trust and stating whether any offset or defense
exists against such principal and interest.
3.04 Jteconveyance by Trustee. Upon written request of Beneficiary stating that all sums
secured hereby have been paid,and upon surrender of this Deed if Trust and the Note to Trustee for
cancellation and retention and upon payment by Grantor of Trustee's fees,Trustee shall reconvey to
Grantor,or the person or persons legally entitled thereto,without warranty,any portion of the Trust
Estate then held hereunder. The recitals in such reconveyance of any matters or facts shall be
conclusive proof of the truthfulness thereof. The grantee in any reconveyance may be described as
"the person or persons legally entitled thereto."
3.05 Natigga. Whenever Beneficiary. Grantor or Trustee shall desire to give or serve any
notice. demand, request or other communication with respect to this Deed of Trust. each such
notice,demand,request or other communication shall be in writing and shall be effective only if the
same is delivered by personal service or mailed by registered or certified mail. postage prepaid,
return receipt requested, addressed to the address set forth at the beginning of this Deed of Trust.
e•1 Any party may at any time change its address for such notices by delivering or mailing to the other
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parties hereto,as aforesaid,a notice of su:h change.
3.06 Acceptancr v_Trustee. Trustee accepts this trust when this Deed of Trust. duly
executed and acknowledged,is made a public record as provided by law.
3.07 S'rp;one. The captions or headings at the beginning of each section hereof are for the
convenience of the parties and are not a part of this Deed of Trust_
3.08 Jnvalidity of Certain Provisions. If the lien of this Deed of Trust is invalid or
' unenforceable as to any part of the debt,or if the lien is invalid or unenforceable as to any part of
the Trust Estate, the unsecured or partially secured portion of the debt shall be completely paid
1 + prior to the payment of the remaining and secured or partially secured portion of the debt. and all
payments made on the debt,whether voluntary or under foreclosure or other enforcement action or
procedure, shall be considered to have been first paid on and applied to the full payment of that
, portion of the debt which is not secured or fully secured by the lien of this Deed.of Trust Further.
. 1 _ the invalidity or unenforceability of any portion or provision of this Deed of Trust shall in no way
affect the validity or enforceability of the remainder hereof.
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3.09 Subrogation. To the extent that proceeds of the Note are used to pay any outstanding
lien, charge or prior encumbrance against the Trust Estate, such proceeds have been or will be
advanced by Beneficiary at Grantor's request and Beneficiary shall be subrogated to any and all
rights and liens owed by any owner or holder of such outstanding liens, charges and prior
encumbrances,irrespective of whether said liens,charges or encumbrances are released.
3.10 No Mader. If both the lessor's and lessee's estates under any lease or portion thereof
which constitutes a part of the Trust Estate shall at any time become vested in one (I) owner, this
Deed of Trust and the lien created hereby shall not be destroyed or terminated by application of the
doctrine of merger and, in such event,Beneficiary shall continue to hive and enjoy all of the rights
and privileges of Beneficiary as to the separate estates. In addition,upon the foreclosure of the lien
created by this Deed of Trust on the Trust Estate pursuant to the provisions hereof, any leases or
subleases then existing and created by Grantor shall not be destroyed or terminated by application
of the law of merger or as a matter of law or as a result of such foreclosure unless Beneficiary or
any purchaser at any such foreclosure sale shall so elect. No act by or on behalf of Beneficiary of
any such purchaser shall constitute a termination of any lease or sublease unless Beneficiary or such
purchaser shall give written notice thereof to such tenant or subtenant.
3.11 Use. The Property which is the subject of this Deed of Trust is not used principally or
primarily for agricultural or fanning purposes.
3.12 Late Charge. In the event that any payment or portion thereof is not paid on the date it
ay is due. Beneficiary may collect, and Grantor agrees to pay with such payment, a "late charge" of
Cr Five Cents (S0.05)for each dollar so over due as liquidated damages for dte additional expense of
handling such delinquent payments. Such late charge represents the reasonable estimate of
G Beneficiary and Grantor of a fair, average compensation due to the failure of Grantor to make
timely payments. Such late charge shall be paid without prejudice to the right of Beneficiary to
collect any other amounts provided to be paid or to declare a default hereunder.
• 3.13 Hazardous Waste.
a. Grantor represents and warrants to Beneficiary that to the best of Grantor's
knowledge, after cue and diligent inquiry, no hazardous or toxic waste or substances are
being stored on the Property or any adjacent property nor have any such waste or substances
been stored or used on the Property or any adjacent property prior to Grantor's ownership,
r i possession or control of the Property. Grantor agrees to provide written notice to
Beneficiary immediately upon Grantor becoming aware that the Property or any adjacent
property is being or has•been contaminated with hazardous or toxic waste or substances.
Grantor will not cause nor permit any activities on the Property which directly or indirectly
could result in the Property or any other property becoming contaminated with hazardous or
toxic waste or substances. For purposes of this Deed of Trust,the term"hazardous or toxic
waste or substances" means any substance or material defined or designated as hazardous or
toxic wastes, hazardous or toxic material. a hazardous, toxic or radioactive substance or
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other similar term by any applicable federal,state or local statute, regulation or ordinance
now or hereafter in effect.
b. Grantor will indemnify and hold Beneficiary harmless from and against any and
all claims, demands, damages, costs, expenses, losses, liens, liabilities, penalties, fines and
lawsuits and other proceedings, (including attorneys' fees), arising directly or indirectly
from or out of, or in any way connected with (i) the inaccuracy of the certifications
contained herein or in any other document executed by Grantor in connection with the loan
evidenced by the Note, (ii) any activities on the Property during Grantor's ownership,
possession or control of the Property which directly or indirectly result in the Property or
any other property becoming contaminated with hazardous or toxic waste or substances,
(iii) the discovery of hazardous or toxic waste or substances on the Property or other
property,or(iv)the clean-up of hazardous or toxic waste or substances from the Property or
any other property. Grantor acknowledges that it will be solely responsible for all costs and
expenses relating to the clean-up of hazardous or toxic waste or substances from the
Property or from any other property which becomes contaminated with hazardous or toxic
waste or substances as a result of the contamination of or activities on the Property.
c. Grantor covenants and agrees that in the event at any time there is discovered
hazardous or toxic waste or substances on, in or under the Property or on, in or under any
other property which becomes contaminated with hazardous or toxic waste or substances as
CV a result of activities on or hazardous or toxic waste or substances from the Property,
Beneficiary shall be permitted to incur and pay any and all costs and expenses necessary or
8 reasonably required to perform site tests and to completely clean-up said hazardous or toxic
waste or substances, whether or not the clean-up is required by any governmental authority,
and which tests and clean-up shall not require prior notice to Grantor,and all such costs and
expenses paid or incurred by Beneficiary shall be secured hereby and shall be repayable to
Beneficiary as herein elsewhere provided,together with interest at the rate then provided for
under the Note. Grantor hereby gives Beneficiary and its agent(s) the unrestricted right to
enter the Property at any time to perform site tests for hazardous or toxic waste or
substances and to clean-up said hazardous or toxic waste or substances.
3.14 Compliance with Americans With Disabilities Act. Grantor represents and warrants
to Beneficiary that Grantor has not and will not cause nor permit any activities on the Property
which directly or indirectly could result in the violation of the Americans With Disabilities Act of
r 1990 (Pub. L. 101-336), 42 U.S.C. 12101-12213 and 47 U.S.C. 225 and 611, and any and all
regulations thereunder and any similar state or local laws,regulations or ordinances ("ADA") with
respect to the Property.
a. Grantor indemnifies and holds Beneficiary harmless from and against any and all
claims, demands, damages, costs, expenses, losses, liens, liabilities, penalties, fines, and
. Iawsuits and other proceedings (whether legal, equitable or administrative, including
attorneys'fees)connected with,any violation of the ADA regarding the Property.
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b. Grantor acknowiedg s that, as between it and Beneficiary, it will be solely
responsible for compliance with the ADA regarding the Property. Grantor's obligations
under this paragraph are unconditional and shall not be limited by any nonrecourse or other
limitations of liability provided for in the Loan Instruments.
c. The covenants of Grantor set forth in this provision are not secured by the Loan
Instruments, shall not be discharged or satisfied by foreclosure of the liens created by the
Loan Instruments,and shall continue in the transfer of'the Property pursuant to foreclosure
proceedings (whether judicial or nonjudicial), by dead in lieu of foreclosure or otherwise.
Grantor acknowledges and agrees that its covenants and obligations herein are separate and
distinct from its obligations under the loan and the Loan Instruments.
• d. The matters against which Beneficiary is indemnified herein are reimbursable to
Beneficiary as the obligations to make payments with respect thereto are incurred, without
any requirement of waiting for ultimate outcome of any litigation, claim or other
proceedings, and shall be paid by Grantor to Beneficiary within ten (10)days after notice
from Beneficiary itemizing the amounts incurred. In addition to any remedy available for
failure to periodically pay such amounts, such amounts shall thereafter bear interest at the
highest interest rate defined in the Loan Instruments. Grantor waives any acceptance of this
indemnity by Beneficiary.
e. The failure of Beneficiary to enforce any right or remedy hereunder or to
promptly enforce any such right or remedy shall not constitute a waiver thereof nor give rise
to any estoppel against Beneficiary, nor excuse Grantor from its obligations hereunder.
Any waiver of any such right or remedy must be in writing and signed by Beneficiary. This
indemnity is subject to enforcement at law/equity including actions for damages and/or
specific performance.
f. In the event Beneficiary takes title to the Property by foreclosure or otherwise,
without actual knowledge of the presence of violation of ADA.and subsequently discovers
violations of ADA.Grantor unconditionally agrees that Beneficiary may convey,by way of
quit claim deed, the Property back to Grantor,and that Beneficiary's tender of such a deed
to Grantor shall constitute a legally sufficient delivery of the deed and acceptance of the
deed by Grantor. In the event of any such conveyance of the Property back to Grantor,
Grantor's indebtedness to Beneficiary under the loan shall be reinstated. Nothing herein
shall in any manner reduce Grantor's indemnity set forth herein. Further, in the event
Grantor shall,at any time,be or have been in default under the Note, this Deed of Trust,or
under the Loan Instruments, or in the event Beneficiary shall have reasonable cause to
believe that Grantor has breached the warranties herein, or in the event there is otherwise
reasonable cause to believe that there has or may have been a violation of ADA, then
Beneficiary, at Grantor's sole expense.shall have the right.but not the obligation, to enter
� upon the Property, either by itself or through an agent. for the purpose of conducting a
compliance audit or assessment of the Property. The costs of such audit or assessment shall
be payable by Grantor to Beneficiary on demand,and shall bear interest at the Note rate.as
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modified. It is expressly agreed and understood by Grantor that the occurrence of a default,
or the cause to believe a violation of ADA has occurred, shall be deemed to increase
Beneficiary's risk hereunder,thereby creating a need for Beneficiary to have the information
to be contained in such audit or assessment.
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3.15 Lbetjaeleasgs. Notwithstanding the provisions of paragraph 2.07, or any other
provision to the contrary herein,the ten (10)individual lots(or portions thereof) being developed
by Grantor within the property described in Exhibit "A" may be sold by Grantor, and Beneficiary
will release its interest in the individual lots as provided herein. In the event a lot is sold, and
provided Grantor is not in default herein, Beneficiary shall release its interest in such lot upon
receipt of a release fee as specified in Exhibit"B"attached hereto. Beneficiary shall credit such
release fee first against any costs incurred in connection with such release,then to any accrued and
unpaid interest on the Promissory note,and lastly to the principal balance of the Note.
3.16 Time of Essence. The parties hereto agree that time is of the essence and that all
obligations hereunder or under all loan documents shall be timely performed on the dates on which
complete performance is specified according to the provisions of this Deed of Trust and all related •
loan documents.
IN WITNESS WHEREOF,Grantor has executed this Deed of Trust as of the day and year
first above written.
C0 •
� GRANTOR:
Gregory Development Company.a Washington corporation
C
Greg L.Steinhauer. President/Secretary
11]
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STATE OF WASHINGTON)
COUNTY OF ICt^-es )
I certify that I know or have satisfactory evidence that Gregory L. Steinhauer.-is the person
who appeared before me,and said person acknowledged that they signed this instrument,on oath
stated that he was authorized to execute the instrument and acknowledged it as the
President/Secretary of Gregory Development Company, a Washington Corporation to be the free
and voluntary act of such party for the uses and proposes mentioned in the instrument.
Dalod:._ C1 1cl
1.047,
UQ �4��l.'S PriniT1Cam L.ffi�t)\ 1� In lc l))/‘
. S Notary Public in and for the Stye
7/ = of Washington,residing at
is
e, •'•.* ::: My Appointment Expires: '-f Q
44.
G STATE OF WASHINGTON)
C'7 COUNTY OF }
I certify that I know or have satisfactory evidence that is the
•
person who appeared before me,and said person acknowledged that they signed this instrument,on
oath stated that he was authorized to execute the instrument and acknowledged it as the
of to be the free and voluntary act of
•
such party for the uses and proposes mentioned in the instrument.
Dated:
Print Name:
Notary Public in and for the State
g ± of Washington,residing at
My Appointment Expires:
1 .
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Exhibit"A"
Legal Description
PARCEL A• 1
The north 266.32 feet of the east 142.30 feet of Tract 267,
C.D. Hillman's Lake Washington Garden of Eden Addition to
Seattle, Division No. 4, according to the plat thereof
recorded in volume 11 of Plats, page 82, in Xing County,
Washington:
EXCEPT the north 20.00 feet lying west of the east 102.30
feet thereof conveyed to the City of Renton for road. purposes • •
under Ring County Recording No. 6660996; a
(ALSO RQTOWN AS Lot 2, City of Renton. Lot Line Adjustment No.
LtX .-97-003, recorded under Ling County Recording No.
9702129004, being a portion of Lots 1 and 2 of City of Renton
short Plat No. SRPL-077-89, recorded under ring County
Recording No. 9007279001.
C5
PARCH,.B.
v4 The north 266.32 feet of Tract 267, C.D. Sillman's Lake
0 Washington Garden of Eden Addition to Seattle, Division No.
03 4, according to the ,plat thereof recorded in Volume 11 of
CPlats, page 82, in Ring County, Washington;
7 EXCEPT the east 142.30 feet thereof;
EXCEPT the north 20.00 feet lying vest of the east 102.30
wrJ feet thereof conveyed to the City of Renton for road purposes
under Ring County Recording No. 6660996;
AND
The north 13,69 feet of the west 98.96 feet of Lot 1 of City
of Renton Short Plat No. 8M-077-59, recorded under Xing
County Recording No. 9007279001, in Xing County, Washington;
(ALSO KNOWN AS Lot 3, City of Renton Lot Line Ad ustmeat No.
LUA-99-046-LLA, recorded under ]ling County Recording No.
9i 9904219003, being a portion of Lots 1 and 3 of City of Renton
Short Plat No. 8flPL-077-89, recorded under ring County
Recording No. 9007279001.
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*******"K*******A********Af************** '****************A*******
City of Renton WA Reprinted: 02/16/00 14 :27 Receipt
****************************************************************
Receipt Number: R0000737 Amount: 1, 000 . 00 02/16/00 14 :27
Payment Method: CHECK Notation: #0002044 GREGORY Init: LN
Project #: LUA00-023 Type: LUA Land Use Actions
Parcel No: 334390-2522
Location: MONTEREY AVENUE BETWEEN NE 12TH AND NE 14TH ST
Total Fees : 1, 000 . 00
This Payment 1, 000 . 00 Total ALL Pmts : 1, 000 . 00
Balance: . 00
****************************************************************
Account Code Description Amount
000 .345 . 81. 00 . 0009 Final Plat 1, 000 . 00