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' ' 1 • 1- .."---r i ' . -,,.,i, . , I; .., ‘• .:-R4_.,_"L__7 u__ ---et,----n.s.5_-6:-1' '') 'A-14' )! '1,'.. .. •-•,-,-,,,,-, .---•,---4- - - ,I "-ow —, --6 I,P; 7 ; . .4 ' 1-1, ,. . 1 ' .. 1 • ;!...—.....0.,'gs. 'MINI ' • -' °-"... .---.. , o. • . .,!,,'" - - 4. v"- -.. !..,.- 1 ,..' . • - ...— ''"'.; . n-...,,„ , a l't MP ST .. „ 12 S E. 137510 ST. ..le 1:421111:11V.'k' • U• • PRELIMINARY LANDSCAPE SCHEDULE i SYMBOL BOTANICAL NAME COMMON NAME SIZE\CONDITION SS i LANDSCAPE�2M.TYP. APPRO !MATE LOCATION Street Trees ERg 1\ .24-36'4EIGM IXISTI S IRct I I RttS / 0 °per^""�'^"• "'°aw"'p" ) e "i ..e.el...ajp S Ornamental Shade Tr.* _._ NE 6TH ST. Y-- i-yrae. ..r.�...,.. e.r...�e nee Mid a_.Nap. �A.�- l:w°_____r._ _�—+—�'_SJ ==�--- :Y'O O`�.ai�: \ Small Ornamental Meant Trap P I-v.-o�.v`.a.� '6V b ECr• !f 1\ 7� _ ��� S O O • • O O 0~�S \ O Co...w. rw.ae.om .wcwe...mono., ��.O C. 1°'1 __ ��.'u c`- .e;. O• tea-`.. ..-' ..'�, APPROX.LOCATION T......w.0 boot n.NJI n�..o.y A\,-,e„ yy�� '�j /� ENTRT_ "w.' i V 1 $tI;4 m l• SIN-NDE7 SARATE�l•• : �. ' MWINDSOLACE OETrees Inin.wamma ...ti1..�-�� • � Ptaelotauga Auld.Dlack Pre 1B :II� - - "-\\ a- '_ -1\\ 1 �Y '"o O.a..na.0...:,..q 2,e..ul.�w• eau...Arbon...• ; ISTI7 _ "`! .F' �- .i�15_\.• •:�Y I ill"RETAIN VEGETATIICN F NG 0li� � �'•:� „..:MA \ \; � I I T I QP waSM✓LMW omwneM BNmAn ''''' a I� r., POSSIBLE.AUGMENT .e .. rre�.�a.•e.m= `e4 �\ I ., `�\�� - CIIF NEEDED TRl£S ryua um .cv rocro r 0 T.P .� 1JO t:•: m� i ,' W, NN 4Lb1� �1l�Pi' •If COU-PA u.y.r.n.. o.q.o.p. LJ t: 11 i •��k ir \�\S � I `R __ PROPERTY LINE a....o..e...W Data,a..u...-•p�•wmy '.dne am= ✓T0 0 40'F l 1l. to! ,—_ ..00 ...'.",,7 ....,..' •..arc::o o..n„ oto : 111111 1 oR! ......pOoar,...n.., o.,..La....rE aeVVl ..2i..v.... OU �7(Z - O. VO O4 •s•e•v. ,• La. v I,\AL.Rr �,E � 11 �3 \v � O T.M- hr L O. Small Ornamental SlMaOroMWcover e.e.c•w��s�rva.u. Z 1 • ' en pp w.e.e.d e..• n.ye c.. wattleIX.S'WOOD FENCES• \ill,\\ .....e.Mgt, o..,nee... ps.n male entry E'T TO REMAIN eSf*• e 4"F e• P.' • ==e^a•n••ww J I ..v..n.. ®�but 1/p\�I Atcba u ww.wo..r . Lo. Beaded Lawn eu.o..nwatw. SCALE 1' = 40' NORTH .. o 40 120 ,_, IIIIIIIIIIIIIIIIII nllllllllllll�llllipll 3111 Mr O MOTES I. ENENAL NOS Scale 1-O 10 0 L id es,pi.nvg eon Wall by a.. `.b:.,r..0--....—•.aep.M e G: Date Bator Dann By. KO a°aae�: . , aeamaOr. SE Rwsiors L-1 Sheet tJii°g`PRELIMINARY LANDSCAPE PLAN roof ridge • / \ < composition shingle i11i01rD. shingle sidingCD � horizontal bevel siding 0111414611.i \od corner/window tnm— ipro is _�uerNrrir •Irra�a rimutunammu l_ / I second floor plate i \ �� L ii hI®®® mi �, 1 1 1 1 < o T== I I MIN ►Illqig� ■B■ ___= o 11 1 1 1.0 111, E — I l p m 11111111111111111I1111111111I 11 ��� ��11',�� ■■� �IIIIIIIIIIIIIIIIIIIIIII I finished floor 11— IIIIIIIIIIIIIIIIl1IIIIII1111111! y umIiI1IIII11iji AlPir --. I II I I 11 1 1 1 1 . �Iq I Il 11 I=�1 II I I 11 I IF _ '' Il I-1 h II I II 1 III II —I ll _I m 1 _II 1 — L1.1 1 1 1 �I 11 finished floor • 8'-0" x 8'-0" garage door 89—2" TIP CAL EL VAT O \ = L , " C ROVE _ ,,, --,1 I om--101T— : --imo , r 1 tii V D BD [It 1 lilt i-r-W1--- -----W---1-1 H.! opT ii ..=all To -Ipli, .0 1 ci I D l= 1 111MMI 7: MN li_il II _ rVa WIl Il jea__ rww, . _.tdpuhilL., 4 NI„..... „„..„„ ....it,. pm,Lh . Kir Zs: rEmo AIM b-Ilk EM=0 :111: Ale g' Icsi 44wil Era=m moi . .._ mr."1 pixiivA -711pPh . .: =r13 Alb Ill` gl 1111P 111111- =..= E._J 111 Li _.1...... :, ,r.: IBA WA , lAll > , - —jL— liwir--ji__I — . 0 0 0 E E E type one upper floor plan type two upper floor plan 0 > ) ----11 - 0_ i--1 ? Lit vitt 4.,., 7 r' l Ai ri II 11116 ail, II J. a° . = r.= EVIimODL11111 =ill E..= lim..1101 ____ ]..m.ffl E.- A / a c ,.. - El 1 1 ,i1 ,----, 0 0 6 6 0 0 0 0 0 0 0 type one lower floor plan type two lower , floor plan 2 Q f..•—I_. F� e °,®• _.Y"�-_ „s�,. .� -may. i ..,a1.. .. d o��fi£ rod R P?. e. .o Senn w e5 �xT tti .. dir - '. x,a rTl "� I:, �o- �• • rto urn i+� s3..76E E H ly. d 0 C'Ja,•',.. ® �ox:PO 1...._ ...en• eeu< @f ••^I,,ii_ v 'yj--- _ a. y s.,.y ! I't I ` ..x^�.]Fa+`' a —P.-6° I J m e. Mitt '''g ..14 '-114- 1`., P.,.- e. I I tC �_ ®- I ... .,Na.<Q'a ii®.. i Y,. .,g n • _... "®a<o.g<a o,.,, �7 y�' t' ... 104 n• �•` NE IITH ST, •<Y®'r 1....""7.1. .•'! TTT• •47 1; '• I w �� ��.5 8, r, m O,.. M,no & I z N`I.m _ I W, —I EN--- •�—,�,z y'Q gy` U tS ry . • I.tl $`< •�•t?It °Ix, 3, rx.yk.a,.y i W p Y %Q '\„ .' ' ill x my um �.<zk • O l,° 1 tean _ t'<e g'"9 ��I'1'i6DA .L.'W�ia i4 p' �'• '� i,oy,c 11-1 a „x<O C6 W oIt® Y_�I__Y.Le_ Pe.,.mxk,.rx, 1a,ac 0c4 e0 ° Ill , d to:�> N.E. IOTH 3T 'SE II TN S " O 'I I •• ' "\ ..eEa I. .NIn .,,,t..'nm 116'Ic" S•1 z o_•, rx 1'•_•:°n-'� =I • �g�(rj�M� it v i • E. P pp P ® 1 y I =li9 �� ir� `• c� a „I ® t::.f.]a qd ma JNM eni F,I. 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Jam° ,.. __a, ..*I® �4 0�, `,"4'� :• + +. ®9 e.l,v.,.,wn.., <v m ,..... .a m ul i 'f.�,®Ilio-"®6 ..x • .... ^x ..., r ,n:"r�Ilr Pl fzpp, ,..��'ypf -1--'®-1Qe'7'< ,:; e..21f,7�a.�����I,D.r,oP .., I, ...et D„e ata><.. 5 ,� ec- I "1 k5.1god+alc'H.51:CI '1 are, k r,+ @ ,. ..,. ,.. <Vc l ,.s'® ...+ ? Jolla,i�`le, L•• �f, STN ST 7 ' ,<�`® ._ fi..� ._ _ _.--.__.- 1 1�;I1 U,x. ('tart'f <'El i 0 P,.••.--., —ec ,,.o.�...• <v e< �x.r.0 °45..- ,o,C d _ A� © I s L".t-?u+I ,I g E 6 e' Wm �y''- "I Ia 6 Tkod°re MONS.,,, 011 • elyde xc,,n,n ,N I ® m�ye e. s1 ° re p 2.1'' u..5' .•51-�_J .'�..' '°° .x. c® @.^ 1 d ,.41. y _ 11 ,sppg.....-,.�,- .d I'.��,,,,�"a Y Y• i 4 °vKl, 1x1 - y • d, .,, .xd�42-J•'�4 YaO 0 7Qcc " ^ , _`,,.1 W° 'U v a i• Q " v = .� 7 llnu� " I y r: ru +W L�l•7'''. S1aiLT N f . 5 S V 2 6 P L 9 r4 &Ir°mNE-�.arN sT,m�.re..........,......................;�'.rsE, ,;yz�fr=. sr. - {.>�.,•:'~,.��=. L-,-,^,;. a�l'£';I.......®'�I_t��3�.• ® ® j ®40. I1 I "l� ?L _ d� u — .,—SE.24,r'IEBTN* ua7 Im•i •,i �yl z e ::5l l,,v a e; . IL ' a �.61 1.1 �Q_ .f `". .,;„n,< d 2' aY-' � .a<"" S§itai 2 3 .,w g =_ _ , ._ _ „,.@ ,. @ —"'� ��_ 1, '©I N© ,'-@�Oa'1 ..,• ,It - _ �I FI_ TIN'S •-CRE TRACTS II x.a..8 I. ":�, 1.. .,r,c ' - La.,E,.rn.mr ,f< I � 7•1'"I.�-J e,,r., x.,_.r^ "3,,.Txx _.u,..J,..<.2.. ,,, elf.. .,m ® r .-.a. ®" .,,_ ®I f,'4,'9,2 - ' 1 © t "I • �=o�o o.:o .F 'i DC3, ,,,,..,,..ts.,"„ a -i o;uc@ .... ,c v<n.n<1 n9.n< °I �.vl ` . I6 A:i ya -111 s ..n .- , I'' ,x, i. n ,.�� E 6 S 'I o a I 3P o. • q�, �..c;.`1,1 i ,N n',.l.�a� n1 1x,Tn�,. +� °,., @s,y,, g ,I �'-R. l,l'Y • ', 701 e,(vi'0�,.5"7 .. n .I r e.At°elb c'�•s'Mf� r 3,3• B ,'t RI H, a ss,.4. iionc'@:.." m ,.., ,••• ,nn 0 "Is r2Se i'GEpGRyRdYf'P1�d'6V!1{". .°"'sd. „i'4+' "�^a'„r—�- 11111111111111i ".."-,• "1" la SE. ISPNO 6T ', AI • �D L>If "kJ�aPf L a' d'e ®� @ .� al LOAM UfIV ADRrIoo Rf T3e 1....,' i1 ;ji a�..Y.., ,sT ' ,' CIE E. ,." ,.,' --- _--=- 'i'>3�a'o s; 3�:3%1- 6' ,... "fl::�6. I FAiiii 1• NE .:. p< iTiF".nOmyi..z,,..... 'b•° nC+, 1- '(7' x ow 1x.1• _s iJxi ' n, is ulx 1,x., stl • ;I¢1IIII Nit., .L,', . te'n•1 .. uK ®,6' ''" - .....,. aSx<O 3 -m ',.�� I �I 5 ���� I +� z -. .S.E.134TH 6T.•' oar t Il' 1iP,IS -,x.n, (;I zf� SE IST pa,. �' Rc r �' �.2 i § `^ " s 7 011 '11 2' IJre. VA1.41WS y4e '�p'�•,�� ¢_� u•SE 135TH ST. •' III .IJS xu•,, • tea•• nw, I { ICk ^ .'"7!1Y GO E 'Lam �9,�fe• �, - az.�.• �����R `�,. MIIK rt '!5 l,aL ' ,"'Q Still i ON ce' 1 x 2,u" 171 . • . . . . . • , ' . .. - . SEC. 10 TWP. 2.3 AGE. 5 N., W.M. r . - _, jii. . ,. , .. ........ ,... _ • , . . . , ••,• ________ . . ., , ) \15 2 ' -- 5ITE) ORCHARDS DIVISION I 2 6 9 4 I . , ii's l'sSii i'',Fal\ I Vss'isrss , VICINITY MAP s f'-'•':73:a,?;1',i \ r:rx„ irrF. 7,„A,,,,,, !TM' -71 I,- -7-•------Tir---------- NO COALE • ro 1...,____ \ -,- :y•---- ‘,.1 ,, .L_________-- _ , ...0., -__________1--6".....71-?" • z y. gi P. ,.•. • , , - . A. . ,,,E1 '\K 26. 7 - Legal Description _ 2 w 0 1.-si —-- ----1 ail ' _i_ That portion or the northsast quarter of the acrathaset quart.or.8 sot...at 0,e,C°"'''''''''''''':'.8t:''rife:Isnt'y'''''."Ina.I'Mr'grinTPI‘4""'NE.''''''rfolf08"11.;diehounE:ctho.:;:rn'rlelt T.'S.CrbIler1387. . Cric)0 2 .,2 Z. In '1111 -11111- Z I .- 4 1111! IS Mil 33' 11.11 ,, 1 la'Ts Is? 5. I• OP 1 s shAA,C a.ID I I 6 i ril Mk Ms 11111\ s I UlINDSOR PLACE :CV CrIviston 1.recorded In Vols.119 of Flats pages 16 tlscugh 82 recorde or sald cownys Nonce 800.16.39.2.along ths weat One or seal aubdIvIslort 3001 Net to Ns south Ng.or way margIn of eater NE 601 Street and Ns POINT Ce SEGINNIn. 8 X h /. NE .1 ,.„ APARTMENTS or Ns nerd.an..Va.,Nerce co.nahp 600.1605.E.sime 018 cast Me. 23516 feet to tb sou.lho or..rce.24.60 rest or.18 stroollvIslon,tharce 655.1102E.para.,.Ns north 11.or 0141 6081wIslon.KARS re.N Nes west W 0 0 7 Z ti VI3' 'Zs. ' 411111 III 2 . PAR..STALLS - '''' T A Ihs or Ns west DODO feat of We ncethsaet quarter of saltl subc110e1on,Newt. 500122PE.alorg.18 west 1.3,5414 feat to the actait 0.te or the•outP 6600 ILI E5 . / I rest or ths northeast quarter or sale,estscevIslor,Nance 955.03744,aNng 00 --- er0 rTrs", IN / W aouth 1.s.13000 Feet to tb east Ilne of Ns west 13000 foal or the northeast /WM quarter or 018 sulcclIvIelons thence NO012228A along 018 east 11.,32BSS heat 2t,w.0h, I. Aim . II „ // • i' el to a poht on 00 sar.NEM or.8 nave of 01c1 NE 6.Streen,eald pc.Peng Ns Peg.Ing or a 420,00 Foot rad.stave to the 161t,the casNr of 060 h.rs !2< ) (\ • 11 6 , 9011.1S,OW MOS I.h 21 roltow 4 caves and Platerces aNng satel south mar 0 SCALE 1" = 40 ,.....•....I...?t....-".9 NNO awye..Fough,II annera,.2.sa,05.0aIIII. 0 W J nlilf,II i •iml• "MI' • I / •.,,' II) : \i t2 a cllatance of 420 a.to a pa.of tangency then.053.43.54,1 5000 feat 0 5 41 av to a pourt of tangency wl.a 40000 root racINs owe to ths rIght,.60a, 8 / , 1 2 / III\ di 06 ..,..x emu 9 I , Kr III BEGISINING. II al. I ,6•Flen . ATTA _D WALIC_/ I 1 le V.I ,..., / 411# 4 2 PDE ONLY , ...----- RI -I 8 Owner/Developer Engineer/Planner/Surveyor N 00.11.33•w A9 , .7,' 'gig; , / , • 0.3 5... Is. ---'' --' 5 1 1 Port.ard Propoutice I560-140.Ave.NE,en.100 Dockles Envnerert.Inc rr. 5.• al ,;i '5' 6P2E0 i 16 Pelle.,WA WOOS 3Nite 200 14) VNI L - Contacts Flohard 01Iroy ...Lane-AIA Pellevuo.WA 96001 0000,Edgar....PE.-Engineer .... Z 4,1, I Tel r2C6,141-026 Craig Krueger-Planner N4 s KJ.Vantleraanden.Plas.-Ssevoyor CS ,.,..)Z)''s., TeL PM,555-1811 -.. CC .hl shrl .4.; • i.... I.'R r:., . ci cc 0 0 (.3 12.1 co ,q''Z' t: SHEET OF / / ...Cr NUMBER 97071 .-•-:, . = -, -• - -1•- fit- [--- .1.---.:-_—.-. 6, F.1 -...• • - 5P d'a, -gt ',...-vz„ .. i 1 --., . .-.:Va`t••!.4.g.r1W- , •- _,„, • d,-,•._ ..:-...J .--''', -.1 L .., P=MIE pi ,....,,N3 14MI4W •:.' PT '‘. ..- '-' '' 1 "IIM - ' 1 re71.2V1.b. ':.':Iiiiie._•^$ 'I' .1., i_. 14.1W411411 1:41!!!Ille ., .4... . ' . :"'11 1 i''"..."'. .... • "4 ' ''- ''rta;r-. .tpa4R.,,sa 1 , „ c sis3 -:f 6. 7i.a••. or .!.... ... ,;grimi,1011.-g.ip, ',:loRi tiliki N rei : atIONIZ ke„etzk 10" --- * ni .. 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' __. ..,., I i MSS Ial CRE T ACTS SEM ..._ .1,-AguiR;ig 6 i Iiiiiill rit7 I 4 - I ...."' 1 ratkall : -iii.ar."141.1a; .1 -. gig- , . •/ IIIIIIIIIEME, 3111, W.C.4, RA ea xi lr , .,.1[7: Effswitikikicimi. ;--., -Ingliff 'ropo!F;• •.,gifts Nwi i gennifyoli.nlmem msm ArrriimmE1111,T.,- . .. ..4.tir.40e.lormaxm m., - - . ,*.o.,:igir--ail!iwzot ?tit IIIII NE ME 1.. . , .,. 1. • iii 17'. h. , , rto*neat& i.tot,iis ig ra '''' Willi WU FRB-01111REIR 'MR • - .Er D•a,Pg"... —. .•.— -- 0 • •. SEC. 10, TWP. 23, ROE. 5 N., W.M. 1• ' tD ORCkARDS DIVIS• I • B • .- ..! n-PmvArr ROAD MD! 011171" NE 6114 ST. IS •O. - - _-___ - - — _ ► ',. ........• -��T••. - • ._,. .-. . ... It - - .1 � 7. -,-- N.• _ aglair IX OVElt ROLLED CURB U Z g o . tnrtwr cavaverE sDE]+uR Z Z m $ I..4IIii + -'°�� _ TYPICAL ROAD SECTION .j� 2. B• a �1 o,LnwiER----- 1 • ■ IlliM ■ 3 �O \ A MO SCALE W Cr Z ' •.. �' a , ,1; , W> , s F '''l Wm.' , : iilla cue .-� _„ s mj DWINDSOR PLACE Qu n m w `)... .. .. 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K s. :' e)o heat to a oi.or`tangency, a 583•.35a1,./E000 rest �QN 3 Lo a' tangs,el a 00 d cub to 0.11 d 3 ,`� BE6,hAI1,hG` a pent or u•gen,.etbnce N0.5 13)w EDEN teat•to•the POM 6 61 0 2QO_m • W W a - LEGEND Owner/Developer Engineer/Planner/Surveyor CO 2aC_ a BDE GRAM 15 I. NO r.0.Ave,NE.heist 100 AXd-l-,.1D,O avow NE D CAW.15mm }�I elerve.W SBOOe Dupe]CO lbdnrd anaolJ �ellevt�.YIA WW1 Jule V�-Ald Edgar Jw�.PL-i5gsw W - WATCR MAM Tel(]O•)lot-R• ,U 9 PLD.-Evv ys h�W O A { -• Fla TeL aaM)OM-1DT Q 4 W n WkL5SOMIT/LW BELLER CGNTO F Ei~ IT —.r— DµITART BIDC B!Y!R J W 0 u SCALEC 1R = 40a g """ a 58TV a n Li o. :. „n t „ 7 W Ua / • aIN n ex,BTDn ccmrouR � o •I HiBN WADE IR NLLII n0_ VICINITY MAP NO WALE r e P 97071 r •. `, CIT' ')F RENTON N.7. Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator March 20, 1998 • • Mr. Craig Krueger Dodds Engineers, Inc. 4205 148th Avenue NE, Suite 200 Bellevue,WA 98007 SUBJECT: PLUM GROVE (FILE NO.LUA-97-124,SA-A,ECF) Dear Mr. Krueger: I am in receipt of your letter of March 19, 1998 in which you state that you are withdrawing your August 1997 application for Plum Grove. Your request stems from the approval of modifications to the approved site plan and parking code modifications for Sector D of The Orchards (File No. 90-138,R, SA, PP, ECF,EIS).' Based on your request, the City will terminate the Plum Grove land use application (LUA-97-124, SA-A, ECF) effective immediately. Should you have any questions regarding this correspondence, please feel free to contact me at (425) 277-6186. • Sincerely, • r • ) 6 till ffeg161,Vt(-) Jennifer Toth Henning Project Manager • cc: Project Files (Plum Grove and The Orchards) • • • H:\DI VIS ION.SIDEVELOP.SER\DEV&PLAN.ING\PROJECTS197-124.JTH\TERMLTR.DOC 200 Mill Avenue South - Renton, Washington 98055 �.� This paper contains 50%recycled material,20%post consumer • ,, , DODDS ENGI1 is) bEVELOPMENT PLANNING CITY OF RENTON MAR 2 0 1998 March 19, 1998 ����'��® DEI Project No. 97071 Ms. Jennifer Henning Planning Department City of Renton 200 Mill Avenue South Renton, WA 98055 Subject: Sector D, Plum Grove The Orchards Dear Jennifer: With the City's approval of the current site plan(dated December 29, 1997) and parking waiver(dated March 4, 1998) for Plum Grove (Sector D of the Orchards) as a revision to the plan originally approved in 1991, we are hereby withdrawing our August 1997 application for site plan approval under the R-14 zoning provisions of the code. The current site plan is a reduction in the number of dwelling units, in the number of stories, in building height, a well as in the amount of impervious surface from the site plan originally approved by the City. Please call if you have any additional comments or questions. Thank you. Sincerely, DODDS ENGINEERS,INC. a„,(62 . r/ ut..._____ Craig J. Krueger Vice President-Planning cc: Dick Gilroy,Northward Planning•Engineering•Surveying 4205-148th Avenue NE Suite 200 Bellevue,Washington 98007 Tel.425-885-7877 Fax.425-885-7963 97071N#4.doc E Mail.DoddsEngrs@aoLcorn i n , DODDS ENGI • _ DEVELOPMENT PLANNING CITY OF RENTON OCT 3 1997 RECEIVEb October 9, 1997 DEI Project No. 97071 Ms. Jennifer Henning Project Manager City of Renton Planning Department 200 Mill Avenue South Renton, WA 98055 Subject: Plum Grove (Sector D) The Orchards Dear Jennifer: The following analysis has been prepared to accompany the proposed revised site plan for Sector D of The Orchards. Per'the Project Narrative dated August 21, 1997, the revised • plan for Sector D calls for a reduction in the number of units,impervious surface area, and building height'as'well as enclosed garages`rather than carports/open parking. These revisions r"esult`inlessthan_a T:0%chan`e'from the'overall site plan for Sectors A, B, C and D as approved by the Hearing Examiner. As a result, it is our understanding that these revisions can be approved administratively. Number/Type of Homes Approved Plan Revised Plan % Change Sector A 16 S.F. Detached 16 S.F. Detached 0% Sector B 103 S.F. Detached 103 S.F. Detached 0% Sector C 63 Townhomes 63 Townhomes 0% Sector D 63 Multi-family 54 Multi-family 14.3% Total: 245 236 3.7% Parking Spaces Sector A 32 32 0% Sector B 206 206 0% Sector C 158 158 0% Sector D 110 105 4.5% Total: 506 501 0.1% { is Wetlands ,:. ;;:;a Sector A per HE Approval per Approval. ' 0% Sector B- " -'per`HEApproval` per HE`-Approval 0% Sector C • per HE Approval per HE'Approval • 0% - Sector D. • ` ' Not Applicable Not Applicable 0% Planning•Engineering•Surveying 4205-148th Avenue NE Suite 200 Bellevue,Washington 98007 97071N#2.doc Tel.425-885-7877 Fax.425-885-7963 E Mail.DoddsEngrs@aol.com 10-9-97 Ms. Jennifer Henning page 2 Approved Plan Revised Plan % Change Open Space Sector A per HE Approval per HE Approval 0% Sector B per HE Approval per HE Approval 0% Sector C per HE Approval per HE Approval 0% Sector D 47,650 s.f. 54,625 s.f. 14.6% Total: ±26 ac. ±26.2 ac. 0.8% Impervious Surface Sector A per HE Approval per HE Approval 0% Sector B per HE Approval per HE Approval 0% Sector C per HE Approval per HE Approval 0% Sector D 72,575 s.f. 65,600 s.f. 9.6% Total: ±18 ac. ±17.8 ac. ±1.1% Site Area Sector A 3.46 ac. 3.46 ac. 0% Sector B 28.14 28.14 ac. 0% Sector C 9.05 ac. 9.05 ac. 0% Sector D 3.21 ac. 3.21 ac. 0% Total: 43.86 ac. 43.86 ac. 0% As you can see, the overall change from the original site plan and our revised site plan is minimal and fits well within the 10% range for administrative approval. Please call with any questions or if there is a need for additional comparisons. Thank you. Sincerely, DODDS ENGINEERS,INC. • ait6d, Craig J. Krueger Vice President -Planning 97071N#2.doc • City Penton Department of Planning/Building/F N.;,:;:Works ENVIRONMENTAL 8 DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: re_ pre -1 try\ COMMENTS DUE: SEPTEMBER 30, 1997 APPLICATION NO: LUA-97-124,SA-A,ECF DATE CIRCULATED: SEPTEM$gRI1ACJIg9V{FIE DEPT 's �i APPLICANT: Mr. Dick Gilroy/Northward PROJECT MANAGER: Jennifer n gID-W EAU PROJECT TITLE: Plum Grove. WORK ORDER NO: 78270 SFP ] 7 1997 LOCATION: NE 6th Street,West of Bremerton Ave. NE and East of Union Ave. NE ` SITE AREA: 2.76 acres I BUILDING AREA(gross): N/A tZ E 1\Vi ED SUMMARY OF PROPOSAL: The applicant, Mr. Dick Gilroy of Northward, requests administrative site plan review and environmental review in order to develop a 2.76 acre vacant site with 54 for-sale condominiums. Nine (9)two-story buildings would be constructed each with six units(stacked flats and carriage flats over garages). Parking for 105 vehicles will be provided. the site was previously approved for 63 apartments in three-story buildings. The site is within Aquifer Protection Zone Area 2. 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 LandiShorellne Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet /� 14,000 FeetrVd Attic r- Q�t s rVo l t a B. POLICY-RELATED COMMENTS /V C. CODE-RELATED COMMENTS 5e a �Ckei Cai�ine� �s 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 add-onal information' needed to properly assess this proposal. /9- 97 Sign- of Director or Authorize presentative Date DEVA•• •• Rev.10/93 �Y Gti Ov . ® + CITY OF RENTON FIRE PREVENTION BUREAU MEMORANDUM DATE: September 19, 1997 TO: Jennifer Toth Henning, Planner FROM: Jim Gray, Assistant Fire Marshal SUBJECT: Plum Grove Project, NE 6th St & remerton Av NE Fire Department Comments: 1. The preliminary Fire flow is based on the actual square footage of each building and setbacks on all sides. This information is needed to determine the required fire flow for each building. One fire hydrant is required within 150 feet of each building and additional hydrants within 300 feet of the building. One hydrant is required for each 1000 GPM or fraction thereof with the spacing mentioned above. 2. Separate plans and permits are required for the required sprinkler and fire alarm system installation in each building. 3. Provide a list of any flammable, combustible liquids or hazardous chemicals that are to be used or stored on site. 4. A fire mitigation fee of$20,952.00 is required based on $388.00 per unit. Please feel free to contact me if you have any questions. City or Renton Department of Planning/Building/f-uuna Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: JP(ah Kei (ekIli-e(jt flr COMMENTS DUE: SEPTEMBER 30, 1997 APPLICATION NO: LUA-97-124,SA-A,ECF DATE CIRCULATED: SEPTEMBER 16, 1997 APPLICANT: Mr. Dick Gilroy/Northward PROJECT MANAGER: Jennifer Toth Henning (-6186) PROJECT TITLE: Plum Grove WORK ORDER NO: 78270 LOCATION: NE 6th Street,West of Bremerton Ave. NE and East of Union Ave. NE SITE AREA: 2.76 acres I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant, Mr. Dick Gilroy of Northward, requests administrative site plan review and environmental review in order to develop a 2.76 acre vacant site with 54 for-sale condominiums. Nine (9)two-story buildings would be constructed each with six units (stacked flats and carriage flats over garages). Parking for 105 vehicles will be provided. the site was previously approved for 63 apartments in three-story buildings. The site is within Aquifer Protection Zone Area 2. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major information Impacts Impacts Necessary Impacts Impacts . Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities ' Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas In which we have expertise and have Identified areas of probable Impact or areas where additional information is needed to properly assess this proposal. Si natur of Director or Authorized Representative Date 9 P DEVAPP. Rev.10J83 CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT MEMORANDUM ' DATE: OCTOBER 29, 1997 TO: JENNIFER HENNING FROM: NEIL WATTS SUBJECT: ORCHARDS- SECTOR D SITE PLAN, PRELIMINARY PLAT AND SEPA COMMENTS I have reviewed the project submittal for the above listed project, and have the following comments at this time: GENERAL PROJECT COMMENTS: • The project does not comply with the provisions of the R-14 zone. The project should not be considered an extension of the previously approved demonstration project for Sectors E, F and G. This is a separate, detached parcel from those sites, and should be required to comply with density and housing type ratios as a stand alone site development. The project density, not excluding areas for streets, exceeds 19 units per acre (code allows maximum of 14, with increases to 18 with.bonus provisions). The project consists of 100% 6 unit buildings, all containing flats (code allows maximum of 50%). The required shadow plat for site plan development is not included with the application submittal as required. • The R-14 zoning code requires that unplatted projects, such as proposed for this development, "provide access and infrastructure to serve the development, equivalent to those requirements established in the Subdivision Ordinance." The proposed private street system for this project does not comply with this requirement. The City will permit, through a modification process, the reduction of the street requirements to a pavement width of 28 feet (with parking on one side of the street) and a 5 foot wide sidewalk on one side of the street, and a equivalent right- of-way width for shadow platting purposes of 35 feet (to allow sufficient space for utilities and separation from utilities and adjacent structures). The project must also provide street lighting within the site to meet lighting level standards required by City Code. SEWER • A sewer main extension is required for this project as shown. This main will be an 8" main, and must be constructed per City of Renton standards. The sewer main must be constructed within an easement to the City, a minimum of 15 feet in width. • System Development Charges will be required for this project ($350 per unit). 10/29/97 PAGE 2 WATER • An 8" water main extension is required for this project. In'addition to the two points of connection shown to the 12" main in NE 6th St, an additional connection will be required to the existing 10" water main east of the site within an existing utility easement. This additional point of connection is required since the 12" water main in NE 6th St is a dead-end line, with no connection to the west of the site. • Backflow prevention devices will be required for irrigation and fire protection systems. • Depending on fire flow requirements, additional hydrants may be required. • System Development Charges will be required for this project ($510 per unit). DRAINAGE • A conceptual drainage plan and drainage report has been submitted with this application, and is approved as submitted. The conceptual drainage plan includes provisions for detention and water quality treatment in compliance with the requirements of the KCSWM. • System Development Charges will be required for this project ($0.129 per square foot of impervious surface). STREET IMPROVEMENTS • NE 6th Street adjacent to the site must be improved with curb, gutters, sidewalks, street lighting, new paving from the edge of existing pavement to the new gutter, and drainage improvements for the new street improvements. • The internal street system will be private streets. The proposed widths for this internal street system are not acceptable as submitted. The pavement width can be reduced from 32 feet (normal residential standard) to 28 feet, with parking restricted to one side of the street. Sidewalks on one side of the street will also be adequate to provide pedestrian circulation through the project. In order to provide adequate space for the various underground utilities, a minimum 35 foot width will be required for the shadow platting right-of-way for site plan development purposes. The site plan will need to be revised accordingly, and a shadow plat prepared demonstrating compliance with code required development standards for each building, including front yard setbacks. • Street lighting must be provided on the private street sections, meeting or exceeding the lighting levels established in City Code. • Traffic mitigation fees of$75 per average daily trip will be required for this project, prior to issuance of building permits (at 5.86 trips per unit, or $439.50 per unit). GENERAL • All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a registered Civil Engineer. The 10/29/97 PAGE 3 construction permit application must include a itemized cost estimate for these improvements. The fee for review and inspection of these improvements is 5% of the first $100,000 of the estimated construction costs; 4% of anything over $100,00 but less than $200,000, and 3% of anything over $200,000. Half of this fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. There may be additional fees for water service related expenses. City of Renton InterOffice Memo To: Jennifer Toth-Henning From: Kayren K. Kittrick Date: September 29, 1997 Subject: The Orchards, Sector D Plum Grove Storm Drainage Report The preliminary storm drainage report included with the application for Plum Grove, LUA-97-124, is not sufficient or complete. No calculations were included in the submittal. References to other reports does not constitute a complete report for this project. Water quality facilities and calculations were ignored. One oil/water separator is noted on the plan set, but no other facilities are apparent or calculations provided. This project shall be considered on hold until complete information is provided. CC: Neil Watts -. Post-it®Fax Note Cr-671 Date C 9- pagoes 1"7Ito/ w QZ T 1 /Jf Fro\ /� / Co./Dept. Co. Phone# Phone# ,-�3s— /(i Fax# / //.�--1 y/ 7 Fax#�� n CONTENT LIST FOR DRAINAGE REPORT FOR CONCEPTUAL DRAINAGE PLAN • 1. Stamped and signed by a Washington Professional Civil Engineer on the front. page. Complete Technical Information Report (TIR)Worksheet that is enclosed. 2. Briefly describe the construction involved. 3. Describe existing and proposed on-site drainage features. 4. Show that Core Requirements 1 through 5 from the King County Surface Water Manual (KCSWM) are addressed. 5. Show that all Special Requirements from the KCSWM that are applicable to the project are addressed. 6. Use the SBUH/SCS hydrograph method to compute required on-site detention. Use 2, 10, and 100 year 24 hour design storm events for pre-developed and post-developed conditions. this should show sizing for the peak rate runoff control (retention/detention) facility, with a routing table. 7. Biofiltration preliminary and conceptual design calculations, if the project site has 5000 square feet of new impervious area subject to vehicular use or storage of chemicals. 8. Wet pond sizing preliminary and conceptual design calculations if there is more than 1 acre of new paved impervious area and meets other conditions of Special Requirement#4. 9. A Level 1 Off-site Analysis, as described in Core Requirement #2. Level 2 or 3 analysis may be requested later if a downstream problem is found or anticipated from review of the initial submittal of the Drainage report. II 9 • .1a7M . 0.) '‘iv TO ti r un ,�. .�..•i'+wrta!!!°1!'Ol!»!`;v?�i2%�.GC'.�:fOw+`y;r wnwwAarHuVf�:friy�c�iw�»aw.� ;ywy:ia, EE'.?...i...wo.w.:+.w..a.,v;•xr... Ywl�.:vim�ao..nc.rv.e�t".. w a.....r• 0: • 1" Project Name OYc kla✓r�S — S ecto✓ D Project Address E 611 St `-Yo 13vewievt oy A✓ PE • Contact Person DICK Gi/voy Q 'tli &Da✓ef Address 1560 14 01'1 4v AVM .) t It , 8e 1/eiue qg 005 Phone Number 7 4 -1 - 1.7 2 6 • Permit Number L-l, - cf7 — 12 L-1 Project Description l'Jive. 2- 5101 s iX a vu t i4d 5. Land Usse7ype: - Methoddo ,Calculation: +Z�s+�en��u1 Cold° /Td�nsouse B' Residential D'ITE Trip Generation Manual (23v) u e 382 ❑ Retail 0 Traffic Study y ❑ Non-retail 0 Other l c(tc 5 • $6 wily tvlps MA• vh+t Calculation: 74-ve✓Ale Daly Tv)?5 -- (11)(C) ( 5 ,g6) _ 3 1 (o, 14Z-} -tv') S P fl-t 175 tYip - (3l&, 41-1) ( $75) _ $ 23; 733 . 00 - Transportation Mitigation Fee: 323) 733. oU/ Calculated by: AV efil OA Date: S 17 1117 Account Number: Date of Payment �� CITY OF RENTON o FIRE PREVENTION BUREAU MEMORANDUM .;NT� 0k 111 --�,0 DATE: November 3, 1997 ��'>.�� Z99, TO: Neil Watts, Plan Review Supervisor 40 FROM: Art Larson, Deputy Chief/Fire Marshal d SUBJECT: Narrow roadway comments for Talbot Road Preliminary Plat and Orchards Sector D 1. Access roadways appear adequate with the following exceptions: Talbot Road Plat: The island in the middle of the cul-de-sac turn around in the northwest corner of the project is not allowed and the public roadway system does not comply with city street standards that require a minimum width of 32-feet and not the 28- feet proposed. Orchards Sector D: The private roadway system does not comply with the city subdivision ordinance that requires a minimum width of 28-feet and not the 20-feet proposed. 2. The Renton Fire Department is very concerned that if these street standards are not upheld that it could compromise emergency vehicle apparatus access and either delay or block our access resulting in a much lower standard of fire and life safety for the residents of these proposed developments. • AL:ct talorc City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:Ch c.h'v Se 4 ce1 COMMENTS DUE: SEPTEMBER 30, 1997 APPLICATION NO: LUA-97-124,SA-A,ECF DATE CIRCULATED: SEPTEMBER 16, 1997 APPLICANT: Mr. Dick Gilroy/Northward PROJECT MANAGER: Jennifeee44. 186) PROJECT TITLE: Plum Grove WORK ORDER NO: 78270 RECP41lk'r= LOCATION: NE 6th Street,West of Bremerton Ave. NE and East of Union Ave. NE SEP .1 7 1997 SITE AREA: 2.76 acres I BUILDING AREA(gross): vAiLLANG iV SUMMARY OF PROPOSAL: The applicant, Mr. Dick Gilroy of Northward,requests administrative site pINyaiew and environmental review in order to develop a 2.76 acre vacant site with 54 for-sale condominiums. Nine (9)two-story buildings would be constructed each with six units (stacked flats and carriage flats over garages). Parking for 105 vehicles will be provided. the site was previously approved for 63 apartments in three-story buildings. The site is within Aquifer Protection Zone Area 2. 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 Ught/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ HistoridCultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS c ,yiii 44/1.. vt/ We have reviewed this application with particular attention to those areas in which we have expertise and have iden"ed areas of probable impact or areas where additional information is needed to properly assess this proposal. / l-2 /` -7 Signature of Director or Authorized Representative Date / DEVAPP.DOC Rev.10/83 i City or Renton Department of Planning/Building/POW Works II ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET / REVIEWING DEPARTMENT: itueVs COMMENTS DUE: SEPTEMBER 30, 1997 APPLICATION NO: LUA-97-124,SA-A,ECF DATE CIRCULATED: SEPTEMBER 16, 1997 APPLICANT: Mr. Dick Gilroy/Northward PROJECT MANAGER: Jennifer Toth Henning (-6186) PROJECT TITLE: Plum Grove WORK ORDER NO: 78270 LOCATION: NE 6th Street,West of Bremerton Ave. NE and East of Union Ave. NE SITE AREA: 2.76 acres I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant, Mr. Dick Gilroy of Northward, requests administrative site plan review and environmental review in order to develop a 2.76 acre vacant site with 54 for-sale condominiums. Nine (9)two-story buildings would be constructed each with six units (stacked flats and carriage flats over garages). Parking for 105 vehicles will be provided. the site was previously approved for 63 apartments in three-story buildings. The site is within Aquifer Protection Zone Area 2. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment IMinor mpacts Impacts Necessary or inforation Environment Minor Major impacts impacts Necessary Earth Housing Air Aesthetics Wafer 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 FeetFe N` camh�W . /r/°LEI /CX/ // B. POLICY-RELATED COMMENTS "lie CEr--/-y-1.,-7/171. a 4R.--73a-7 2/K ..., 77-2-(--6-r-717(1---4.‘---'X--4-k-- --z 4. y3C5 , 7 G 6- C. CODE-RELATED COMMENTS s " Cz in/( Z)/ We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is nee . .,to property assess this proposal. a /i��ip'��v Dat" /9 97 or utho e. Representative Rev.gores F ureDC Director P DEVAPP.DOC ' City or Renton Department of Planning/Building/Public.Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Podgy COMMENTS DUE: SEPTEMBER 30, 1997 APPLICATION NO: LUA-97-124,SA-A,ECF DATE CIRCULATED: SEPTEMBER 16, 1997 APPLICANT: Mr. Dick Gilroy/Northward PROJECT MANAGER: Jennifer Toth Henning(-6186) PROJECT TITLE: Plum Grove WORK ORDER NO: 78270 LOCATION: NE 6th Street,West of Bremerton Ave. NE and East of Union Ave. NE SITE AREA: 2.76 acres I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant, Mr. Dick Gilroy of Northward, requests administrative site plan review and environmental review in order to develop a 2.76 acre vacant site with 54 for-sale condominiums. Nine (9)two-story buildings would be constructed each with six units (stacked flats and carriage flats over garages). Parking for 105 vehicles will be provided. the site was previously approved for 63 apartments in three-story buildings. The site is within Aquifer Protection Zone Area 2. 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 1 Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet 62mrrLen CI 710 (J I B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have Identified areas of probable impact or areas where ad 'onal information is needed to properly assess t 's proposal. L /1- '9 Signaturekf Director Authorized Representative Date DEVAPP.DOC Rev.10/93 P 1JECT LUA-97-124, SA-A, .,CF Plum Grove City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL &DEVELOPMENT APPLICATION REVIEW SHEET (Continuation) POLICE RELATED COMMENTS 49.68 Police Calls for Service Estimated Annually CONSTRUCTION PHASE Theft from construction sites is one of the most common reported crimes in the city. To protect materials and equipment it is recommended that all materials and tools be locked up when not in use. The site will need security lighting and any construction trailer should be fenced in with portable chain-link fencing. The fence will provide both a physical and psychological barrier to any prospective thief and will demonstrate that this area is private property. COMPLETED BUILDINGS Each unit should have solid core doors, preferably metal or metal over solid wood with peep holes and heavy-duty dead bolt locks. The bolts need to be at least 1-1/2" in length when extended and installed with 3"wood screws. Sliding windows, including the glass patio doors, will need additional locks; these locks will need to secure the windows from being pried out of the frames vertically. This means the locks will need to be placed into the top or bottom of the frames, in addition to any lock that limits horizontal movement. Alarm systems are recommended for each unit. Any outside stairways at Plum Grove should be constructed of lattice or metal railing so visibility is possible through the stairway. There should not be any solid walls in any outside stairway that would serve to limit the visibility up and down the stairs and provide a place for a criminal to hide while waiting for a homeowner to return home. In addition, the balcony walls also need to be made of either metal or wood lattice or railing-no solid walls for the same purpose. Extra security lighting needs to be installed in the parking lot, along the sidewalks, and in front of all garage entrances. Each unit should have their individual address numbers listed clearly, with the numbers at least 6" in height of a color that contrasts with the color of the building and placed under a light. This will aid police or medics who respond to a call in finding the unit they need to go to. Landscaping around the exterior of the property should not be too dense or high. It is important to allow visibility. Too much landscaping will give the property the look of a fortress and make the residents feel isolated, and could also possibly give a burglary sufficient coverage to break into a unit. City of Renton Department of Planning/Building/1-uonc Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:—lams c)0 AbAtIAN COMMENTS DUE: SEPTEMBER 30, 1997 APPLICATION NO: LUA-97-124,SA-A,ECF DATE CIRCULATED: SEPTEMBER 16, 1997 APPLICANT: Mr. Dick Gilroy/Northward PROJECT MANAGER: Jennifer TotIC 1 gjION rmr,trlir"'"1 PROJECT TITLE: Plum Grove WORK ORDER NO: 78270 LOCATION: NE 6th Street,West of Bremerton Ave. NE and East of Union Ave. NE SEP 1 7 1997 SITE AREA: 2.76 acres I BUILDING AREA(gross): N/A dlkiLLIiNU DIVISION SUMMARY OF PROPOSAL: The applicant, Mr. Dick Gilroy of Northward, requests administrative site plan review and environmental review in order to develop a 2.76 acre vacant site with 54 for-sale condominiums. Nine (9)two-story buildings would be constructed each with six units (stacked flats and carriage flats over garages). Parking for 105 vehicles will be provided.-the site was previously approved for 63 apartments in three-story buildings. The site is within Aquifer Protection Zone Area 2. A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS -} S C2. SGpor v VYir 1Mo -fil l l CDWI14 �11 t5 We have reviewed this application with particular attention to those areas In which we have expertise and have Identified areas of probable Impact or areas where additional information Is needed to property assess this proposal. A1 Gf w1 q/7/97 Signature of Director or Authorized Representative Date DEVAPP.DOC Rev.10193 City of Renton Department of Planning/Building/Hur:4 c Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:s,t t. e.(uasteuEt1t - COMMENTS DUE: SEPTEMBER 30, 1997 APPLICATION NO: LUA-97-124,SA-A,ECF DATE CIRCULATED: SEPTEMBER 16, 1997 APPLICANT: Mr. Dick Gilroy/Northward PROJECT MANAGER: Jennifer Tot�f Ilr{t Y Rtti I P PROJECT TITLE: Plum Grove WORK ORDER NO: 78270 LOCATION: NE 6th Street,West of Bremerton Ave. NE and East of Union Ave. NE SEP 1 7 1997 SITE AREA: 2.76 acres I BUILDING AREA(gross): N//SUILDjN OlVIS6C�Al SUMMARY OF PROPOSAL: The applicant, Mr. Dick Gilroy of Northward, requests administrative site plan review and environmental review in order to develop a 2.76 acre vacant site with 54 for-sale condominiums. Nine (9)two-story buildings would be constructed each with six units (stacked flats and carriage flats over garage ). Parking for 105 vehicles will be provided. the site was previously approved for 63 apartments in three-story buildings. The site is within Aquifer Protection Zone Area 2. 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/ Histort./Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS Se pet✓'ate Mev4v 40) c)Pn1,weu2 We have reviewed this application with particular attention to those areas in which we have expertise and have Identified areas of probable Impact or areas where additional Information Is needed to properly assess this proposal. / // -7 • /}e / ���t °!A7/y-/ Signature of Director or Authorized Representative Date DEVAPP.DOC Rev.10/83 City: :}.'enton Department of Planning/Building/Pumui.,Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:. Atv oY ' COMMENTS DUE: SEPTEMBER 30, 1997 APPLICATION NO: LUA-97-124,SA-A,ECF DATE CIRCULATED: SEPTEMBER 16, 1997 APPLICANT: Mr. Dick Gilroy/Northward PROJECT MANAGER: Jennifer Toth Henning(-6186) PROJECT TITLE: Plum Grove WORK ORDER NO: 78270 LOCATION: NE 6th Street,West of Bremerton Ave. NE and East of Union Ave. NE SITE AREA: 2.76 acres I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: 'The applicant, Mr. Dick Gilroy of Northward, requests administrative site plan review and environmental review in order to develop a 2.76 acre vacant site with 54 for-sale condominiums. Nine (9)two-story buildings would be constructed each with six units(stacked flats and carriage flats over garages). Parking for 105 vehicles will be provided. the site was previously approved for 63 apartments in three-story buildings. The site is within Aquifer Protection Zone Area 2. 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 V Housing ✓ Air ✓ Aesthetics V Water V Light/Glare p Plants ✓ Recreation ✓ Land/Shoreline Use V Utilities V Animals V/ Transportation V Environmental Health . Public Services r Energy/ Historic/Cultural li Natural Resources 1/ Preservation Airport Environment 10,000 Feet NO 14,000 Feet 5 ' None I B. POLICY-RELATED COMMENTS The applicant proposes 2-story structures, assumed maximum height of 25 feet, to be placed on property with an altitude of 408 feet above sea level . The site is located at the outer edge of the Airport's Conical Surface, which has an altitude over the site of approximately 354 feet above sea level . The proposed site exceeds, or:c:penetrates the Conical Surface,ibyC54 feet. If it is considered that the structures would be shielded by existing structures of a substantial character of equal or greater height, see attached FAA Form 7460-1, Section 77.15, then a Notice of Proposed Construction need not be submitted prior to determining that the structure will not adversely affect air navigation. If there is doubt, the the Notice should be submitted and reviewed prior to awarding approval and/or permits. C. CODE-RELATED COMMENTS None. 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 •_.itionai info n is needed to properly assess this proposal. 4 171 Lill- Signatu e ,f Director or Authorized Representative Date DEVAPP.aO• Rev.10193 11 10 r1c : i'"li.2''"‘-r3- �lA6 i ' .. 4--. n ` - 9 7 . L 1%wI i-l- i n.tM 1Ili. I A ... M r , iiI It77 . ..-". , - , ,I. ria-36 \0 -- -• -'... 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(1. -may.•,:_r. ,p __ _====:_=_ '1(�::Tl�� � _======_====-=_ 84V „r $yam 14 NE 12T1-I ST R PARK—Y :. y �., Q I/ Nz 4 NE 10TI-I ST � , s _6 SIT NE 6TH ST 3 QE ul F bIa 87. NE 4T1-1 ST / 3 VICINITY MAP NO SCALE irIris. ii CO f, 8" iE 396.99— I Ls67f.66 — �' ———— _ — —. L.a All."--- 26' 111 cil ,..,__ 18' _ 9 I5' $ 33' MIN. 406 6-PLEX 15 - 6-PLEX 1i . x t 18' . i \ , elX PARKIN STALLS 9'xi ' CT P)\ x 5, L 6 il p 0\ 18' j -PLEX MIN. N .l,' 2 $ ,) 9'——1— / 22' . ,^4 r 1 ^,1-Z i 6-PLE44ATT: III I 21 �6-PLEX \la D WALKX • - IDE ONLY �,L ': SBL _ _✓ 12' , 1c///ii' Q ): 8 N 4'11132" W „; 32 .49 x x I Z „°,�_x_-__- x-- 1(. x 15' I 5 6-FLEX 15' :ti, r•x K . .1 1' g j1_I..j._a-_-_..- rj p�5r�1 J 1 • NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION §77.13 Construction or alteration requiring notice §77.15 Construction or al xi not requiring notice. (a) Except as provided in §77.15,each sponsor wh loses any of the following No person is required to he Administrator for any of the following construc- constuction or alteration shall notify the Administrator in the form and manner lion or alteration: . prescribed in§77.17: (a) Any object that would be shielded by existing structures of a permanent and (1)Any construction or alteration of more than 200 feet in height above the ground substantial character or by natural terrain or topographic features of equal or greater level at its site. height, and would be located in the congested area of a city, town, or settlement (2)Any construction or alteration of greater height than an imaginary surface extending where it is evident beyond all reasonable doubt that the structure so shielded will outward and upward at one of the following slopes: not adversely affect safety in air navigation. (i) 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of (b)Any antenna structure of 20 feet or less in height except one that would increaRe the nearest runway of each airport specified in subparagraph(5)of this paragraph the height of another antenna structure. with at least one runway more than 3,200 feet in actual length,excluding heliports. (c) Any air navigation facility, airport visual approach or landing aid,aircraft arrest- (ii) 50 to 1 for a horizontal distance of 10,000 feet from the nearest point of ing device, or meteorological device, of a type approved by the Administrator, or the nearest runway of each airport specified in subparagraph(5)of this paragraph an appropriate military service on military airports,the location and height of which with its longest runway no more than 3,200 feet in actual length,excluding heliports. is fixed by its functional purpose. (iii) 25 to 1 for a horizontal distance of 5,000 feet from the nearest point of (d)Any construction or alteration for which notice is required by any other FAA regulation. the nearest landing and takeoff area of each heliport specified in subparagraph (5)of this paragraph. §77.17 Form and time of notice. (3) Any highway, railroad, or other traverse way for mobile objects, of a height (a) Each person who is required to notify the Administrator under §77.13 (a) shall which,if adjusted upward 17 feet for an Interstate Highway that is part of the National send one executed form set of FAA Form 7460-1,Notice of Proposed Construction System of Military and Interstate Highways where overcrossings are designed for or Alteration,to the Manager,Air Traffic Division,FAA Regional Office having jurisdiction a minimum of 17 feet vertical distance, 15 feet for any other public roadway, 10 over the area within which the construction or alteration will be located. Copies of feet or the height of the highest mobile object that would normally traverse the FAA Form 7460-1 may be obtained from the headquarters of the Federal Aviation road, which aver is greater, for a private road, 23 feet for a railroad, and fora Administration and the regional offices. waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it would (b)The notice required under§77.13(a) (1)through (4) must be submitted at least exceed a standard of subparagraph(1)or(2)of this paragraph. 30 days before the earlier of the following dates— (4) When requested by the FAA, any construction or alteration that would be in (1)The date the proposed construction or alteration is to begin. an instrument approach area(defined in the FAA standards goveming instrument (2)The date an application for a construction permit is to be filed. approach procedures)and available information indicates it might exceed a standard However, a notice relating to proposed construction or alteration that is subject to of Subpart C of this part the licensing requirements of the Federal Communications Act may be sent to the FAA at the same time the application for construction is filed with the Federal (5)Any construction or alteration on any of the following airports(including heliports): Communications Commission,or at any time before that filing. (i)An airport that is available for public use and is listed in the Airport Directory (c)A proposed structure or an alteration to an existing structure that exceeds 2,000 of the current Airman's Information Manual or in either the Alaska or Pacific feet in height above the ground will be presumed to be a hazard to air navigation Airman's Guide and Chart Supplement and to result in an inefficient utilization of airspace and the applicant has the burden (ii)An airport under construction,that is the subject of a notice or proposal on of overcoming that presumption.Each notice submitted under the pertinent provisions file with the Federal Aviation Administration, and except for military airports, it of Part 77 proposing a structure in excess of 2,000 feet above ground,or an alteration is clearly indicated that that airport will be available for public use. that will make an existing structure exceed that height must contain a detailed showing Ni)An airport that is operated by an armed force of the United States. directed to meeting this burden.Only in exceptional cases,where the FAA concludes (b) Each sponsor who proposes construction or alteration that is the subject of a that a clear and compelling showing has been made that it would not result in an notice under paragraph (a)of this section and is advised by an FAA regional office inefficient utilization of the airspace and would not result in a hazard to air navigation, that a supplemental notice is required shall submit that notice on a prescribed form will a determination of no hazard be issued. to be received by the FAA regional office at least 48 hours before the start of the (d) In the case of an emergency involving essential public services, public health, construction or alteration. or public safety,that requires immediate construction or alteration,the 30 day require- (c) Each sponsor who undertakes construction or alteration that is the subject of ment in paragraph (b) of this section does not apply and the notice may be sent a notice under paragraph(a)of this section shall,within 5 days after that construction by telephone, telegraph, or other expeditious means, with an executed FAA Form or alteration reaches its greatest height,submit a supplemental notice on a prescribed 7460-1 submitted within five (5) days thereafter. Outside normal business hours, form to the FM regional office having jurisdiction over the area involved,if— emergency notices by telephone or telegraph may be submitted to the nearest FAA (1) The construction or alteration is more than 200 feet above the surface level Flight Service Station. of its site;or (e) Each person who is required to notify the Administrator by paragraph (b) or (c) (2) An FAA regional office advises him that submission of the form is required. of §77.13, or both, shall send an executed copy of FAA Form 7460-2, Notice of Actual Construction or Alteration,to the Manager,Air Traffic Division,FAA Regional Office having jurisdiction over the area involved. ADDRESSES OF THE REGIONAL OFFICES Western Pacific Region Southern Region Great Lakes Region New England Region HI,CA,NV,AZ,GU KY,TN,NC,SC,GA,AL, ND,WI,MI,SD,IL,OH,MN,IN MA,NH,VT,RI,CT,ME Western-Pacific Regional Office MS,FL,VI,PR Great Lakes Regional Office New England Regional Office Air Traffic Division,AWP-530 Southern Regional Office Air Traffic Division,AGL-530 Air Traffic Division,ANE-530 15000 Aviation Boulevard Air Traffic Division,ASO-530 2300 East Devon Avenue 12 New England Executive Park Hawthorne,CA 90260 3400 Norman Berry Drive Des Plaines,IL 60018 Burlington,MA 01803 Tel,310-297-1365 East Point,GA 30344 Tel.312-694-7568 Tel.617-273-7143 Mail Address: Tel.404-763-7646 Southwest Region Eastern Region AWP-530 Mail Address: NM,TX,OK,AR,LA NY,PA,WV,VA,DC,MD,DE,NJ P.O.Box 92007 Federal Aviation Administration Worldway Postal Center Southern Regional Office Southwest Regional Office Eastern Regional Office Los Angeles,CA 90009 Air Traffic Division,ASO-530 Air Traffic Division,ASW-530 Air Traffic Division,AEA-530 Alaskan Region P.O.Box 20636 4400 Blue Mound Road JFK International Airport Atlanta,GA 30320 Fort Worth,TX 76193 Fitzgerald Federal Building AK Tel.817-624-5534 Jamaica,NY 11430 Alaskan Regional Office Northwest Mountain Region Mail Address: Tel.718-553-1228 Air Traffic Division,AAL-530 WA,OR,MT,ID,WY,UT,CO Department of Transporation Fax:718-553-1384 222 West 7th Avenue Northwest Mountain Regional Office Federal Aviation Administration Anchorage,AK 99513 Air Traffic Division,ANM-530 Fort Worth,TX 76193-0530 Tel.907-271-5893 1601 Lind Avenue,SW Central Region Mailing Address: Renton,WA 98055-4056 NE,IA,MO,KS Federal Aviation Administration Tel.206-227-2530 Central Regional Office Alaskan Regional Office Fax:206-227-1530 Air Traffic Division,AAL-530 Air Traffic Division,ACE-530 222 West 7th Avenue,Box 14 601 East 12th Street Anchorage,AK 99513-7587 Kansas City,MO 64106 Tel.816-426-3408 FAA Form 7460-1 I1-931 Supersedes Previous Edition Ni _3_,‘ CITY:::O.F'REN. : N......... .... ...... ...:. . 'A'"'""'"'"'"""'":'"""'""'"'""""'""'"'"'"'"':':'""'"'"'MAST—E R- ''I-V ....................................................................................... ..............................................................:.:........:..................::..:..:::::.:....... C: mod' g Ig OWN EMS S <€€€ i€ <` < '>< > >> P :....: :.: ..ROJ ECT<I NF;O:RMATI;O N': :< >>>«` :>:>:<;;< : Noter;::if:;there is;more than one:le al o:w:l erj: lease attach an additional ::O... Nius$ig..m....a:...::A...t,.j.e.:. itsonmgmii Q P notanze8:Master:'Application.for::each.o'w-,--r..• PROJECT OR DEVELOPMENT NAME: NAME: 4 Te/ .L M T=CV PROPERTY/PROJECT ADDRESS(S)/LOCATION: ADDRESS: S—/ Q 6 � C N I d-J �1� �p A S4- 14 r 4- O 4Sre CITY: J ( e ZIP: C,yje,0 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): LL jl • leZ .31/-S---/d 11 . TELEPHONE NUMBER: EXISTING LAND USE(S): 747— i7 - ` f V ACH vA • I PROPOSED LAND USES: NAME: **).- . /C .IG 6;L ir G COMPANY (if applicable): f EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: , I ADDRESS: S Q /4 0 V t; 1 PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): 1P1 v CITY: ZIP: Q EXISTING ZONING: GLlE✓uE /�4S' TELEPHONE NUMBER: 74/7- /7 )(e PROPOSED ZONING (if applicable): C P O SITE AREA (SQ. FT. OR ACREAGE): NAME: COMPANY(if applicable):, JJ PROJECT VALUE: NoJz��14/- d • S M,c[, o.0 ADDRESS: /scz. d /ice Ave, e- $. o_d/ IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? CITY: � r e ZIP: 7O rLO O IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY Lr vA, SENSITIVE AREA? TELEPHONE NUMBER: / . 6 71‘7-- 177, � O .. R..11'... ch'''se<;:ara THE WEST 130 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF _THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10 , TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. , IN KING- COUNTY, WASHINGTON; �F:EE•.. >: ::>:•: :'• >``: : <"�':> >° € <•::. <;` <.' '> ANNEXATION $ SUBDIVISION: —.COMP. PLAN AMENDMENT $ • _ REZONE $ _ LOT LINE ADJUSTMENT $ _ SPECIAL PERMIT $ _ SHORT PLAT $ _TEMPORARY PERMIT $ _TENTATIVE PLAT $ _ CONDITIONAL USE PERMIT. $ _ PRELIMINARY PLAT $ _ SITE PLAN APPROVAL $ _ FINAL PLAT $ _GRADE & FILL.PERMIT $ (NO. CU. YDS: ) PLANNED UNIT DEVELOPMENT: . •-$ _ VARIANCE (FROM SECTION: ) _ PRELIMINARY _WAIVER $ FINAL WETLAND PERMIT • $ _ ROUTINE VEGETATION MOBILE HOME PARKS: $ MANAGEMENT PERMIT • $ _ BINDING SITE PLAN $ SHORELINE REVIEWS: _ SUBSTANTIAL DEVELOPMENT $ _ CONDITIONAL USE $ _VARIANCE $ _ EXEMPTION $No Charge _ ENVIRONMENTAL REVIEW $ REVISION $ R I, (Print Name)_$7;/*ma C571-w,e6 declare that I am (please check one)_r' the owner of the property involved in this application,_the authorized representative to act for the property owner(please attach proof of authorization), and that the foregoing statements and answers herein 6 contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief.6�ac&Luigieg�a be g0;`caveS 7 �g`�e®p ATTEST: Subscribed and sworn to before„ii�a 01 OPffbp�4t d o for the State of /fti 1A 4St I residing at `�/e et 9®� (Nam- • ` • •-r/R rese ativ ) kIIz(Z .4A(0 •, on the 2Z:dW_ef) ' Y 1 VP e /44/41i5r 19 Z. ® • ft U H Ut a jc�'oB fie• ••; • ignature of Own r/Repre ative) P„f � gosi��m�on�®a�' �`o®o� (Signature of otary Public) " Op w Avg oN.o,®® This>sec ; ..M...:.... ..::. ....o.. ;:...:R.:.:.. ..:._:.SI eH.:tPo :............................. 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MASTERAP.DOC REVISED 9/96 • • wi • ::::::::::::::::::::.:..:::::::.i':::;:i•ii:i:L•;iJ:v:ii}i:iiiiiTi:+.±.i:!•`: : ... :v: .?:.i ::. ::y}i' ::ii: LL<L, ... :. ::::::::..::. /1. •.i:.i.i:i':ii:;v::i}ii:i,.::.�:::::::::::::: :Note>If:;there:;ls;more than.one,legal:;;owner:;:please attach art'addwon.:al: notaYized':Master Appliaation.for.:;each owner :. :< PROJECT OR DEVELOPMENT NAME: NAME:O NA L Al /"AL t'„„ JZZI vE' PROPERTY/PROJECT ADDRESS(S)/LOCATION:/ ADDRESS: A/& G 6 S T 4Je J7' d 4-Przvot.,ear irk/ CITY: ZIP: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): ,Lf OJJ /p 2 -7o.-_ 9/ifd3 TELEPHONE NUMBER: EXISTING LAND USE(S): 23� / 7417t . .4- € ['>APPLICANT>> PROPOSED LAND USES: NAME: l c �i Lid y 14.14.11.41 ILO COMPANY(if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: /mod u J� �./ �(I 0-� PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): B�- ' � 1 I r CITY: ZIP: hit. EXISTING ZONING: LL v.uL 4 TELEPHONE NUMBER: f�� "7 PROPOSED ZONING (if applicable): SITE AREA (SQ. FT. OR ACREAGE): NAME: )GdG �L�o� , ,4cf COMPANY (if applicable) PROJECT VALUE: /4,LL, 214 ADDRESS: IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? Z. . CITY: ZIP:- v11 C / O �4 IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY SENSITIVE AREA? TELEPHONE NUMBER: ]�I A ff zz OESCR• I ;.<".-. 'EGA ... .0 F' P.RO P RT.Y.. At a se a r.at i e et>if:n e'ces;,::.." :> ;:;: <:< >:<; • • ...::..:...::..:..p. ... :...._:..:...... . .... . nary) ::.�:;: • THE NORTH 268.6 FEET OF THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER-OF SECTION 10, TOWNSHIP 23 NORTH,-RANGE 5, • EAST, W.M., IN KING COUNTY, WASHINGTON. - `< <YPE ' �`F€APPLI.CAT ON S ........ ............. .. t:af.f>;:> ill`::` ' rm fes................................. . .. . ...... ...e. . .. . . ....... .: ............ ANNEXATION $ SUBDIVISION: _ COMP. PLAN AMENDMENT $ REZONE I $ _ LOT LINE ADJUSTMENT $ • _ SPECIAL PERMIT $ _ SHORT PLAT $ _TEMPORARY PERMIT $ _TENTATIVE PLAT $ CONDITIONAL USE PERMIT $ _ PRELIMINARY PLAT — $ • _ SITE PLAN APPROVAL , $ _ FINAL PLAT $ GRADE & FILL PERMIT — $ (NO. CU. YDS: ) PLANNED UNIT DEVELOPMENT: $ VARIANCE $_ (FROM SECTION: ) _ PRELIMINARY _WAIVER $_ _ FINAL _WETLAND PERMIT $ _ ROUTINE VEGETATION MOBILE HOME PARKS: • $ MANAGEMENT PERMIT• $ _ BINDING SITE PLAN • $ SHORELINE REVIEWS: • _ SUBSTANTIAL DEVELOPMENT $ - •CONDITIONAL USE $ VARIANCE $ _ EXEMPTION $No Charge _ ENVIRONMENTAL REVIEW $ _ REVISION $ _ ......VIT;0...<OWNERSHIP.> I, (Print Name),'Q U MJ4L6'' /4 , declare that I am(please check one)_�owner of the property involved in this application,_the authorized representative to act for the property owner(please attach proof of authorization), and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. sosisilere•oo •,•• E s •® • ae v • ATTEST: Subscribed and sworn to before ie� c � Publ yis o. R �' for the State of w 'fl Jresiding at �i oV��TA �,�„� (Name of Owner/Representative) X/fva , on the 2Z_iay .••�, 5i 19Z. • ,1 o�UB`,C' i ,•jes®e 7- �® (Signature of Owner/Representative) .e) • o, .a....... (Signatu(e of Not ry Public) •••••® �Wi1/450 �® .. ..:.. ........ .. :.......... ..... .. :. . :.:.CU .:.LLA::. ..T. .::SP>'::;::RUMP.:::.::.... .:.. :::.:::..::.:.................. • TO.TALF.O.STAGE.F.. q: :....... ::.... MASTERAP.DOC REVISED 9/96, • • II August 21, 1997 Plum Grove(Sector D)-The Orchards DEI Project No. 97071 Project Narrative Plum Grove is the final parcel to be developed as part of The Orchards development approved in 1991. It is approximately 2.76 acres in size and is located on the south side of NE 6th Street,just west of Bremerton Avenue. The Winsor Place Apartments are located to the east and south of the parcel. The site is vacant and has been cleared as part of the construction of Division I of The Orchards. The site is very flat with no wetlands or sensitive areas. The site plan for Plum Grove was originally approved in 1991 and called for 63 apartments. The 'structures were to be three stories in height and accessed via a looping drive to the parking areas. A total of 96 parking spaces were to be provided resulting in a ratio of 1.5 spaces per unit. The total impervious surface was to be 72,575 square feet. The revised site plan now calls for a total of 54 for-sale condominiums, a reduction of 9 d.u. The condominiums are placed in sixplex structures with stacked flats and carriage flats over the attached garages. Each structure is only two stories in height. The site plan is somewhat similar to the previous plan with a looping drive providing access to the garages and parking areas. Each condominium will include a direct access one-car garage and most will also include a parking apron. The total number of parking spaces is 105, resulting in a parking ratio of 1.9 spaces per unit. The impervious surfaces total 65,600 square feet, a reduction of 6,975 square feet. As indicated on the revised site plan, the parking is internally oriented and enclosed, resulting in an appealing streetscape along NE 6th Street. A detached walkway will be placed along NE 6th and will loop through Plum Grove along one side of the internal drive. Street trees have been installed along NE 6th as part of the overall development and a landscape plan for the revised site layout has been submitted. This landscaping will provide an attractive environment and will buffer the condominiums from the surrounding apartments. DEVELOPMENT PLANNING 01-T v(fir or_n!TnM AUG 2 6 1997 RECENED 97071N#1.doc A. BACKGROUND 1. Name of proposed project, if applicable: Plum Grove (Sector D) -The Orchards Site Plan Approval 2. Name of applicant: Northward 3. Address and phone number of applicant and contact person: Applicant: Dick Gilroy Contact Person: Craig Krueger Northward Properties C/O Dodds Engineers, Inc. 1560 140th Ave. N.E. 4205 - 148th Ave. N.E., Suite 200 Bellevue, WA 98005 Bellevue, WA 98007 (425) 747-1726 (425) 885-7877 4. Date checklist prepared: August 1997 5. Agency requesting checklist: City of Renton Development Services Division Planning/Building/Public Works Department 6. Proposed timing or schedule (including phasing, if applicable): Construction is proposed to start in the fall of 1997 or the winter of 1998 subject to the approval process. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. 97071CL.doc;08/26/97; Page: 2 • 8. List any environmental information you know about that nas been prepared, or will be prepared, directly related to this proposal. A wetland evaluation and mitigation plan has been prepared by Terra Associates for all of The Orchards property. The Orchards: Final Supplemental Environmental Impact Statement, August 1991; Draft Environmental Impact Statement, October 1982; Final Environmental Impact Statement, February 1983. City of Renton: Draft Environmental Impact Statement for City of Renton Land Use Element, January 1992; Final Environmental Impact Statement for the Land Use Element of the City of Renton Comprehensive Plan, Volume 1, February 1993. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No. 10. List any government approvals or permits that will be needed for your proposal, if known. Site Plan Approval Building Permits Utility Plan Approvals Grading Permit Other Customary Permits 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) This application is for a revised site plan approval for 54 attached condominiums. The site plan features 2-story sixplex structures with stacked flats and carriage units. (The previously approved site plan called for 63 apartments with 3-story structures). The plan provides appropriate stormwater conveyance, utility extensions and road improvements. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The property is located in Section 10, Township 23 North, Range 5 East, W.M. along N.E. 6th Street just west of its intersection with Bremerton Avenue NE. The property is approximately 2.76 acres in size. A legal description and vicinity map are attached. 97071CL.doc;08/26/97; Page: 3 EVALUATION FOR AGENCY USE ONLY B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous other Flat. b. What is the steepest slope on the site (approximate percent slope)? The steepest slope is approximately .04%. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Gravelly sandy loam (AgC) (Alderwood Series). d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. The purpose of the grading is to construct the proposed private drives and to provide building pads and utility locations for the condominiums. Any cut or fill that may occur will be balanced on-site. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Erosion could occur with the absence of vegetation during months of regular precipitation. However, as the site is virtually flat, any erosion will be limited in its scope. The ground could also become saturated. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Approximately 54% of the site will be covered by impervious surfaces. 97071CL.doc;08/26/97; Page:4 • h. Proposed measuc.._to reduce or control erosion, or impacts to the earth, if any: A temporary erosion control plan will be developed and implemented. Appropriate measures include siltation fences, temporary siltation ponds and other measures which may be used in accordance with requirements of the City. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. The types of emissions will be those generally associated with plat construction and residential neighborhoods. They will include construction equipment, dust, automobile exhaust and smoke from wood burning fireplaces. There will be no unusual odors or industrial wood smoke. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. The only off-site sources of emissions or odors would be the residential neighborhoods that surround this site. c. Proposed measures to reduce or control emissions or other impacts to air, if any: The Washington Clean Air Act requires the use of all known, available, and reasonable means of controlling air pollution including dust. Construction impacts will not be significant and can be controlled by watering or using dust suppressants on areas of exposed soils, washing truck wheels before leaving site and maintaining gravel construction entrances. 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Not to our knowledge. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No. 97071CL.doc;08/26/97; Page: 5 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No, there will be no surface water withdrawals or diversions. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No, a public sanitary sewer system will be installed to serve the future homes. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No groundwater will be withdrawn since public water mains will be installed as part of the plat construction. No water will be discharged to groundwater except through the potential infiltration of stormwater. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage: industrial, containing the following chemicals....; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. The site will be served by sanitary sewers and a public water system. There will be no discharge of waste material to ground water. 97071CL.doc;08/26/97; Page:6 c. Water Runoff(including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Runoff will occur from pervious and impervious surfaces and will be collected and routed into the existing stormwater system created for The Orchards development. 2) Could waste materials enter ground or surface waters? If so, generally describe. The only materials that could enter ground or surface waters would be those associated with the streets and automobile use. An oil/water separator will be constructed prior to releasing the stormwater. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: A City approved storm drainage system will be designed and implemented in order to mitigate any adverse impact from storm water runoff. 4. Plants a. Check or underline types of vegetation found on the site: deciduous tree: alder, maple, aspen, other: cottonwood evergreen tree: fir, cedar, pine, other: hemlock shrubs X grass pasture wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other: other types of vegetation: b. What kind and amount of vegetation will be removed or altered? The site has already been cleared of all vegetation as part of The Orchards Division I. c. List threatened or endangered species known to be on or near the site. No rare or endangered plants are known to exist on the site. 97071CL.doc;08/26/97; Page:7 d. Proposed landscaping, use of native plants, or diner measures to preserve or enhance vegetation on the site, if any: Common areas will be landscaped by the developer prior to occupancy. 5. Animals a. Underline any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: mountain beaver, raccoon fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. No rare or endangered species are known to exist on the site. c. Is the site part of a migration route? If so, explain. The site is not known to be part of a migration route. d. Proposed measures to preserve or enhance wildlife, if any: None. 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The main source of energy is gas used for heating and cooling. All sources of energy are available to the site. The builder will be using energy sources which are the most efficient and economical for the development. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. What kinds of energy conservation features are included in the plans of this proposal: List other proposed measures to reduce or control energy impacts, if any: The requirements of the Uniform Building Code and the State Energy Code will be satisfied in the construction of the buildings. Energy conserving materials and fixtures are encouraged in all new construction. 97071CL.doc;08/26/97; Page: 8 • 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. The project will not generate any environmental health hazards. 1) Describe special emergency services that might be required. None. 2) Proposed measures to reduce or control environmental health hazards, if any: There are no known health hazards that would occur as a result of the site development. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? The main noise source in the area is from traffic along adjacent streets and the surrounding land uses. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short-term noise impacts will result from the use of construction equipment during site development and home construction. These temporary activities will be limited to normal working hours. Long term impacts will be those associated with the increase of human population; additional traffic will also occur in the area. 3) Proposed measures to reduce or control noise impacts, if any: Building construction will be conducted during daytime hours. Construction equipment should be equipped with muffler devices and idling time should be kept at a minimum. 97071CL.doc;08/26/97; Page: 9 • 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The site is currently vacant. North: NE 6th Street, and across the street, single family residences. South: 3-story multi-family apartments. East: 2-story multi-family apartments. West: Vacant. b. Has the site been used for agriculture? If so, describe. No. c. Describe any structures on the site. There are no structures on the site. d. Will any structures be demolished? If so, what? N/A e. What is the current zoning classification of the site? The current zoning is R-14. f. What is the current comprehensive plan designation of the site? The current comprehensive plan designation is Residential Planned Neighborhood. g. If applicable,what is the current shoreline master program designation of the site? Not applicable. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. No. i. Approximately how many people would reside or work in the completed project? 135 (54 homes x 2.5 persons per household). j. Approximately how many people would the completed project displace? None. 97071CL.doc;08/26/97; Page: 10 k. Proposed measures to avoid or reduce displacement impacts, if any: Not applicable. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The condominium use is very compatible with the surrounding uses and is consistent with the policies of the comprehensive plan. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. The site plan specifies the placement of 54 condominium residences. The homes are anticipated to be in the middle income price range. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None. c. Proposed measures to reduce or control housing impacts, if any: None. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The buildings will be 2-stories in height and will meet the height limits of the R-14 zone. The exterior building materials are anticipated to be wood, hardboard, vinyl, and/or masonry. The roof material will be asphalt shingles. b. What views in the immediate vicinity would be altered or obstructed? Because of the topography and the lack of existing vegetation, as well as the surrounding development, the visual impact on the adjacent area will be minimal. c. Proposed measures to reduce or control aesthetic impacts, if any: The condominiums will be of a scale and size compatible with the existing neighborhood. Landscaping has already been installed along NE 6th Street and the developer will landscape the site with formal plantings prior to occupancy. 97071 CL.doc;08/26/97; Page: 11 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur. Light and glare that is produced from the site will be from building lighting and exterior lighting. Also, light will be produced from vehicles using the site. The light and glare would occur in the evening and before dawn. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off-site sources of light or glare may affect your proposal? The only off-site sources of light and glare are from vehicles using the adjacent streets and the neighborhoods that surround the property. d. Proposed measures to reduce or control light and glare impacts, if any: Street lighting, if required, will be installed in a manner to direct the light down toward the ground. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Kiwanis Park is located % mile to the northwest. The Maplewood Golf Course is located approximately 1 miles to the south. Highlands Park is located approximately 1 mile to the west. b. Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreational opportunities to be provided by the project or applicant, if any? Trails and a '/2 acre private park (in Sectors E/F) are part of the overall project. The developer will also mitigate the impacts through the payment of park mitigation fees at the time of building permit issuance per current City requirements. 97071CL.doc;08/26/97; Page: 12 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. No. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None. c. Proposed measures to reduce or control impacts, if any: None, there are no known impacts. If an archeological site is found during the course of construction, the State Historical Preservation Officer will be notified. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Access will be from N.E. 6th Street which leads from Duvall Avenue. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Metro service (Bus Route 111) is available along NE 4th Street providing commuter service between the area and downtown Seattle. The closest stop is approximately 3/10 mile from the site. c. How many parking spaces would the completed project have? How many would the project eliminate? There will be a total of 105 parking spaces. Each condominium will have a fully enclosed one car garage. Thirty-nine of those condominiums will have apron parking for an additional car. Twelve more stalls will be provided for general parking. There are no parking spaces being eliminated by this project. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). The only new road required will be the private drive that will access the proposed condominiums. The perimeter streets have been improved as part of the other sectors of The Orchards. 97071CL.doc;08/26/97; Page: 13 e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Approximately 330 (54 homes x 6.1 trips/day) additional vehicle trips per day would be created. Peak hours would generally be 7 AM -9 AM and 4 PM -6 PM. g. Proposed measures to reduce or control transportation impacts, if any: None proposed. A traffic mitigation fee will be paid at the time of building permit issuance per current City requirements. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. Increased demands on services such as fire, health, and police protection will be minimal. The school children generated by this development will attend Maplewood Elementary, McKnight Middle School and Hazan High School in the Renton School District. b. Proposed measures to reduce or control direct impacts on public services, if any. The roads and condominiums will be constructed to meet all codes of the County and the Uniform Building Code. Access to the residences is very direct from public streets. The proposed development will increase the tax base and provide additional tax revenue for the various public services. A fire mitigation fee will be paid at the time of building permit issuance per current City requirements. 16. Utilities a. Underline utilities currently available at the site: electricity, natural pas, water, refuse service, telephone, sanitary sewer, septic system, other. All utilities are available to the site through the proper extension of services; Extension of services is the developers' responsibility. 97071CL.doc;08/26/97; Page: 14 b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Electricity: Puget Sound Energy Natural Gas: Puget Sound Energy Water& Sewer: City of Renton Telephone: US West C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Submitted: 03 . zO ' .17 97071CL.doc;08/26/97; Page: 15 DODDS ENGINEERS, INC. BELLEVUE, WA 98007 DEI Project No: 97071 8/21/97 Legal Description That portion of the northeast quarter of the southwest quarter of the southwest quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: COMMENCING at the northwest corner of said subdivision; said corner being on the west right of way margin of NE 6th Street as shown on the Plat of Orchards, Division 1, recorded in Volume 173 of Plats pages 76 through 82, records of said county; thence S00°16'39"E, along the west line of said subdivision, 30.01 feet to the south right of way margin of said NE 6th Street and the POINT OF BEGINNING of the herein described tract; thence continuing SOO°16'39"E, along said west line, 238.76 feet to the south line of the north 268.60 feet of said subdivision; thence S88°11'32"E, parallel with the north line of said subdivision, 324.49 feet to the west line of the west 130.00 feet of the northeast quarter of said subdivision; thence SOO°12'22"E, along said west line, 59.74 feet to the south line of the south 66.00 feet of the northeast quarter of said subdivision; thence S88°09'24"E, along said south line, 130.08 feet to the east line of the west 130.00 feet of the northeast quarter of said subdivision; thence NOO°12'22"W, along said east line, 328.59 feet to a point on the south right of way margin of said NE 6th Street; said point being the beginning of a 420.00 foot radius curve to the left, the center of which bears S01°48'29"W; thence the following 4 courses and distances along said south margin; thence westerly, along the arc of said curve, through a central angle of 08°04'35", a distance of 59.20 feet to a point of tangency; thence S83°43'54"W 150.00 feet to a point of tangency with a 480.00 foot radius curve to the right; thence westerly, along said curve, through a central angle of 08°04'35", a distance of 67.66 feet to a point of tangency; thence N88°11'32"W 178.85 feet to the POINT OF BEGINNING. Contains 120,351± square feet (2.7629±Acres). 97071 N#1.doc,08/21/97,page 1 r $y49 NE 12114 ST RPam—zW - < V NE IOTH ST 741 61 6 - 511V R § NE 6TH ST 3 W X(?' gT NE 4T14 ST VICINITY MAP NO SCALE Plum Grove Construction Mitigation Description • Proposed Construction Dates: January 15, 1998 to July 31, 1999 Hours of Operation: Construction hours to be limited to between 7:00 a.m. and 7:00 p.m. Monday through Saturday. Proposed hauling/transportation roster: • Since this site was cleared and graded under a previous permit we do not expect to be exporting any material. Measures to be implemented to minimize noise and noxious characteristics: As mentioned above this site was cleared and graded under a previous permit so we expect that there will be minimum onsite grading to balance the site. During dry summer months a water truck will be used to control dust. Building construction noise will be limited to hours mentioned above. Construction equipment will be equipped with muffler devices and idling time will be kept to a minimum. DEVELOPPJIENT PI_/�I ININIr AUG 2 0 11997 RE D,. E'T • When Recorded, Return to: DEVELOPMENT PLANNING CITY OF RFNTnnM TAMES C. MIDDLEBROOKS -1 ATTORNEY AT LAW AUG 2 5 1997 2313 Viewmont Way West Seattle, Washington 98199 "ECEIVED (206) 286-1355 DECLARATION -, AND COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR CONDOMINIUM j DRAFT i iE THIS DECLARATION: HAS BEEN DRAFTED TO COMPLY WITH THE NEW WASHINGTON CONDOMINIUM ACT (RCW CHAPTER 64.34) EFFECTIVE JULY 1, 1990 AND WITH GUIDELINES OF TITLE INSURERS AND LENDERS; AND, PRIOR TO RECORDING, MAY BE REVISED AS DEEMED NECESSARY OR APPROPRIATE BY TITLE INSURERS,LENDERS, DECLARANT OR DECLARANT'S LEGAL COUNSEL. NOTICE TO RECORDER'S OFFICE AS REQUIRED BY RCW CHAPTER 64.34, AT THE TIME OF RECORDING OF THIS DECLARATION INSERT IN SECTION 22.7, PAGE 41, THE CROSS-REFERENCE RECORDING DATA OF THE SURVEY MAP AND PLANS RECORDED IN CONNECTION HEREWITH. ! 1 DECLARATION AND COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR CONDOMINIUM TABLE OF CONTENTS Page Article 1 INTERPRETATION 1 1.1 Liberal Construction 1 1.2 Consistent with Act 1 1.3 Covenant Running With Land 1 1.4 Percentage of Owners or Mortgagees 1 1.5 Declarant Is Original Owner 2 1.6 Captions and Exhibits 2 C 1.7 Inflationary Increase in Dollar Limits 2 1.8 Definitions 2 1.9 Construction and Validity 6 Article 2 DESCRIPTION OF REAL PROPERTY 6 Article 3 DESCRIPTION OF UNITS 6 3.1 Number of Units 6 3.2 Unit Number 6 3.3 Unit Description 6 3.4 Access to Common Ways and Public Streets 7 1 Article 4 • BOUNDARIES 7 4.1 Unit Boundaries 7 4.2 Monuments as Boundaries 7 Li 4.3 Relocation of Boundaries; Adjoining Units 8 Article 5 DESCRIPTION OF OTHER IMPROVEMENTS 8 5.1 Recreational Facilities 8 Fl 5.2 Parking 8 5.3 Moorage Slips 8 { Article 6 DESCRIPTION OF COMMON ELEMENTS 8 J \i F:\WPDATA\CDOC\1920\192404.DEC i - 7/28/95 (3:14pm) Article 7 j-- DESCRIPTION OF LIMITED COMMON ELEMENTS 9 7.1 Limited Common Elements 9 7.2 Transfer of Limited Common Elements 10 7.3 Fireplaces 10 Article 8 ALLOCATED INTERESTS 11 Article 9 • OWNER'S ASSOCIATION 11 {. • 9.1 Form of Association 11 9.2 Membership 11 9.3 Voting 12 9.4 Meetings. Notices and Quorums 12 9.5 Bylaws of Association 13 • Article 10 MANAGEMENT OF CONDOMINIUM 13 10.1 Administration of the Condominium 13 10.2 Election and Removal of Board and Officers 13 10.3 Management by Board 14 10.4 Authority of the Association 14 10.5 Borrowing by Association 16 10.6 Association Records and Funds 17 10.7 Association as Trustee 17 10.8 Common Elements. Conveyance. Encumbrance 17 r--. 10.9 Termination of Contracts and Leases 18 }" ' 10.10 Governmentally Required Maintenance. etc. 18 Article 11 USE; REGULATION OF USES; ARCHITECTURAL UNIFORMITY 18 11.1 Residential Units 18 11.2 Vehicle Parking Restrictions 19 11.3 Common Drive and Walks 19 11.4 Interior Unit Maintenance i9 11.5 Alterations of Units 20 _. 11.6 Limited Common Element Maintenance 20 11.7 Exterior Appearance 21 11.8 Effect on Insurance 21 11.9 Signs 21 11.10 Pets 21 11.11 Offensive Activity 22 11.12 Common Element Alterations 22 11.13 House Rules 22 11.14 Rental Units 23 11.15 Maintenance of View 23 11.16 Timesharing 23 F:\WPDATA\CDOC\1920\192404.DEC ii 7/28/95 (3:14pm) Article 12 COMMON EXPENSES AND ASSESSMENTS 23 12.1 Estimated Expenses 23 12.2 Payment by Owners 24 12.3 Commencement of Assessments 24 12.4 Allocated Liability 24 12.5 Limited Common Element 24 12.6 Only Some Units Benefitted 24 12.7 Insurance Costs 25 12.8 Utility Costs 25 12.9 Assessments for Judgment 25 12.10 Owner Misconduct 25 12.11 Reallocation 25 12.12 Lien For Assessments 25 12.13 Acceleration of Assessments 27 12.14 Delinquent Assessment Deposit; Working Capital 27 Article 13 INSURANCE 28 13.1 In General 28 13.2 Coverage Not Available 29 13.3 Required Provisions 29 13.4 Claims Adjustment 30 13.5 Owner's Additional Insurance 30 13.6 Certificate 30 13.7 Notification on Sale of Unit 30 Article 14 DAMAGE OR DESTRUCTION; RECONSTRUCTION 30 14.1 Definitions; Significant Damage; Repair; Emergency Work 30 1 14.2 Initial Board Determinations 31 14.3 Notice of Damage or Destruction 31 14.4 General Provisions 31 14.5 Restoration by Board 32 14.6 Decision to Terminate 32 Article 15 CONDEMNATION • 32 15.1 In General 32 15.2 Partial Unit Condemnation 33 15.3 Common Element Condemnation 33 15.4 Recording of Judgment 33 15.5 Association to Represent Owners 33 Article 16 COMPLIANCE WITH DECLARATION 33 16.1 Enforcement 33 16.2 No Waiver of Strict Performance 33 F:\WPDATA\CDOC\1920\192404.DEC iii 7/28/95 (3:14pm) J• . Article 17 LIMITATION OF LIABILITY 34 17.1 Liability for Utility Failure, Etc. 34 17.2 No Personal Liability 34 17.3 Indemnification of Board Members 34 Article 18 MORTGAGEE PROTECTION 34 18.1 Change in Manager 34 18.2 Abandonment of Condominium Status 34 1 18.3 Partitions and Subdivision 35 ; . 18.4 Change in Percentages 35 18.5 Copies of Notices 35 f 18.6 Effect of Declaration Amendments 35 1 . 18.7 Insurance 35 18.8 Inspection of Books 36 Article 19 EASEMENTS 36 19.1 General 36 19.2 Utility. Etc., Easements 37 19.3 Association Functions 37 19.4 Encroachments 37 Article 20 PROCEDURES FOR SUBDIVIDING OR COMBINING 37 • 20.1 Procedure 37 r Article 21 AMENDMENT OF DECLARATION, SURVEY MAP, PLANS 38 • 21.1 In General 38 21.2 Challenge to Validity 38 21.3 Recording 38 f 21.4 General Limitations 38 21.5 Execution 39 21.6 Special Declarant/Development Rights 39 21.7 Material Amendments 39 21.8 Map and Plans Amendment 39 Article 22 MISCELLANEOUS 39 22.1 Notices for All Purposes 39 22.2 Mortgagee's Acceptance 40 22.3 Severability 40 22.4 Conveyances; Notice Required 40 22.5 Transfer of Declarant's Powers 40 _s 22.6 Effective Date 41 22.7 Reference to Survey Map and Plans 41 22.8 Structural Component/Mechanical System Completion 41 - F:\WPDATA\CDOC\1920\192404.DEC iv 7/28/95 (3:14pm) ARTICLE 23 SPECIAL DECLARANT RIGHTS DEVELOPMENT RIGHTS 41 23.1 Special Declarant Rights 41 23.2 Development Rights 42 23.3 Liability for Damage 48 23.4 Declarant's Easements 48 EXHIBIT A - Description of Real Property EXHIBIT B - Description of Units: Floor Location, Unit Type, Declared Value, Allocated Interests EXHIBIT C - Parking Assignments F-1 F:\WPDATA\CDOC\1920\•192404.DEC v - 7/28/95 (3:14pm) DECLARATION AND COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR CONDOMINIUM Pursuant to the Act defined in Section 1.8.1 and for the purpose of submitting the Property hereinafter described to the provisions of said Act, the undersigned, being sole owner(s), lessee(s) or possessor(s) of said Property, make the following Declaration. By acceptance of a conveyance, contract for sale, lease, rental agreement, or any form of security agreement or instrument, or any privileges of use or enjoyment, respecting the Property or any Unit in the Condominium created by this Declaration, it is agreed that this Declaration, together with the Survey Map and Plans referred to herein, states covenants, conditions, restrictions, and reservations effecting a common plan for the Condominium development mutually beneficial to all of the described Units, and that the covenants, conditions, restrictions, reservations and plan are binding upon the entire Condominium and upon each such Unit as a parcel of realty, and upon its owners or possessors, and their heirs, personal repre- sentatives, successors and assigns, through all successive transfers of all or part of the Condominium or any security interests therein, without requirement of further specific reference or inclusion in deeds, contracts or security instruments and regardless of any subsequent forfeitures, foreclosures, or sales of Units under security instruments. The name of this Condominium is Peachtree Lane Condominium. Article 1 INTERPRETATION 1.1 Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of this Condominium under the provisions of Washington law. It is intended and covenanted also that, insofar as it affects this Declaration and Condominium, the provisions of the Act under which this Declaration is operative, shall be liberally construed to effectuate the intent of this Declaration insofar as reasonably possible. 1.2 Consistent with Act. The terms used herein are intended to have the same meaning given in the Act unless the context clearly requires otherwise or to so define the terms would produce an illegal or improper result. 1.3 Covenant Running With Land. It is intended that this Declaration shall be operative as a set of covenants running with the land, or equitable servitudes, binding on Declarant, its successors and assigns, all subsequent Owners of the Property, together with their grantees, successors, heirs, executors, administrators, devises or assigns, supplementing and interpreting the Act, and operating independently of the Act should the Act be, in any respect, inapplicable. 1.4 Percentage of Owners or Mortgagees. For purposes of determining the percentage of Owners or Mortgagees, or percentage of voting power for, approving a proposed decision or course of action in cases where an Owner owns, or a Mortgagee holds Mortgages on, more than one Unit, such F:\WPDATA\CDOC\1920\192404.DEC 1 7/28/95 (3:14pm) Owner shall be deemed a separate Owner for each such Unit so owned and such Mortgagee shall be deemed a separate Mortgagee for each such first Mortgage so held. 1.5 Declarant Is Original Owner. Declarant is the original Owner of all Units and Property and will continue to be deemed the Owner thereof except as conveyances or documents changing such ownership regarding specifically described Units are recorded. 1.6 Captions and Exhibits. Captions given to the various Articles and Sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. The various exhibits referred to herein and attached hereto shall be deemed incorporated herein by reference as though fully set forth where such reference is made. 1.7 Inflationary Increase in Dollar Limits. Any dollar amounts specified in this Declaration in connection with any proposed action or decision of the Board or Association may, in the discretion of the Board, be increased proportionately by the increase in the consumer price index for the city of Seattle, Washington for All Urban Consumers, prepared by the United States Department of Labor for the base period, January 1 of the calendar year following the year in which the Declaration was �= recorded, to adjust for any deflation in the value of the dollar. 1.8 Definitions 1.8.1 "The Act" means the Washington Condominium Act, Laws of 1989, Chapter 43 (RCW Chapter 64.34) as amended: • 1.8.2 "Allocated Interests" means those undivided interests in the Common Elements, the Common Expense Liability, and votes in the Association allocated to each Unit more particularly provided for in Article 8 and as shown in Exhibit B. F.•i 1.8.3 "Assessment" means all sums chargeable by the Association against a unit including, without limitation: (a) regular and special Assessments for Common Expenses, charges, and fines imposed by the Association; (b) interest and late charges on any delinquent account; and (c) costs of collection, including reasonable attorneys' fees, incurred by the Association in connection with the collection of a delinquent Owner's account. r 1.8.4 "Association" means all of the Owners acting as a group in accordance with the Bylaws and with this Declaration as it is duly recorded and as they may be lawfully amended, which Association is more particularly provided for in Article 9. 1.8.5 "Board" means the board of directors of the Association provided for in Section 10.3. 1.8.6 "Building" means the building or buildings containing the Units and comprising a part of the Property. 1.8.7 "Bylaws" shall mean the bylaws of the Association provided for in Article 9. 1.8.8 "Common Elements" means all portions of the Condominium other than the Units. F:\WPDATA\CDOC\1920\192404.DEC 2 7/28/95 (3:14pm) 1.8.9 "Common Expenses" means expenditures made by or financial liabilities of the Association, together with any allocations to reserves. 1.8.10 "Common Expense Liability" means the liability for Common Expenses allocated to each Unit pursuant to Article 8. 1.8.11 "Condominium" means the condominium created by this Declaration and related Survey Map and Plans pursuant to the Act. 1.8.12 "Conveyance" means any transfer of the ownership of a Unit, including a transfer by deed or by real estate contract and with respect to a Unit in a leasehold condominium, a transfer by lease or assignment thereof, but shall not include a transfer solely for security. 1.8.13 "Declarant" means any person or group of persons acting in concert who (a) executed as Declarant this Declaration, or (b) reserves or succeeds to any Special Declarant Right under the Declaration. ; , 1.8.14 "Declarant Control" means the right, if expressly reserved by this Declaration, of the Declarant or persons designated by the Declarant to appoint and remove Association officers and Board members, or to veto or approve a proposed action of the Board or Association; provided, in no event shall exercising the voting rights allocated to a unit or units owned by the Declarant or Declarant's affiliates be deemed "Declarant Control". 1.8.15 "Declaration" means this Declaration and any amendments thereto. 1.8.16 "Development Rights" means any right, if expressly reserved by the Declarant in this Declaration to: (a) add real property or improvements to the Condominium; (b) create Units, Common Elements, or Limited Common Elements within real property included or added to the Condominium; (c) subdivide Units or convert Units into Common Elements; (d) withdraw real property from the Condominium; or (e) reallocate limited common elements with respect to units that have not been conveyed by the Declarant. 4 1.8.17 "Dispose" or "Disposition" means a voluntary transfer or conveyance to a z_ purchaser or lessee of any legal or equitable interest in a Unit, but does not include the transfer or release of a security interest. 1 1.8.18 "Eligible Mortgagee" means a mortgagee of a Unit or the Mortgagee of the Condominium that has filed with the secretary of the Association a written request that it be given I copies of notices of any action by the Association that requires the consent of Mortgagees. 1.8.19 "Foreclosure" means a forfeiture or judicial or nonjudicial foreclosure of a ` Mortgage or a deed in lieu thereof. 1.8.20 "Identifying Number" means the designation of each Unit in a Condominium. Li 1.8.21 "Interior Surfaces" (where that phrase is used in defining the boundaries of Units or Limited Common Elements) shall not include paint, wallpaper, paneling, carpeting, tiles, finished flooring, and other such decorative or finished surface coverings. Said decorative and finished coverings, along with fixtures and other tangible personal property (including furniture, planters, F:\WPDATA\CDOC\1920\192404.DEC 3 7/28/95 (3:14pm) i r mirrors, and the like) located in and used in connection with said Unit or Limited Common Element, shall be deemed a part of said Unit or Limited Common Element. 1.8.22 "Limited Common Element" means a portion of the Common Elements allocated by this Declaration (or by subsequent amendments thereto) or by operation of law for the exclusive use of one or more but fewer than all of the Units as provided in Article 7. C 1.8.23 "Manager" means the person retained by the Board to perform such management and administrative functions and duties with respect to the Condominium as are delegated to such person and as are provided in a written agreement between such person and the Association. 1.8.24 "Mortgage" means a mortgage or deed of trust that creates a lien against a Unit and also means a real estate contract for the sale of a Unit. F 1.8.25 "Mortgagee" means the beneficial owner, or the designee of the beneficial owner, of an encumbrance on a Unit created by mortgage or deed of trust and shall also mean the vendor, or the designee of a vendor, of a real estate contract for the sale of a Unit. A Mortgagee of the Condominium and a Mortgagee of a Unit are included within the definition of Mortgagee. 1.8.26 "Mortgagee of a Unit" means the holder of a Mortgage on a Unit, which mortgage was recorded simultaneous with or after the recordation of this Declaration. Unless the context requires otherwise, the term "Mortgagee of a Unit" shall also be deemed to include the Mortgagee of the Condominium. 1.8.27 "Mortgagee of the Condominium" means the holder of a Mortgage on the Property which this Declaration affects, which Mortgage was either: recorded prior to the recordation of this Declaration; or was recorded against all Units after the recordation of this Declaration but prior • to the recorded conveyance of any Unit. The term "Mortgagee of the Condominium" does not include Mortgagees of the individual Units. 1.8.28 "Person" means a natural person, corporation, partnership, limited partnership, trust, governmental subdivision or agency, or other legal entities. r : 1.8.29 "Property" or "Real Property" means any fee, leasehold or other estate or interest in, over, or under the land described in Exhibit A, including Buildings, structures, fixtures, and other improvements thereon and easements, rights and interests appurtenant thereto which by custom, usage, or law pass with a conveyance of land although not described in the contract of sale or instrument of . conveyance. "Property" included parcels, with or without upper or lower boundaries, and spaces that may be filled with air or water, and all personalty intended for use in connection therewith. 1.8.30 "Purchaser" means any person, other than Declarant, who by means of a Disposition acquires a legal or equitable interest in a Unit other than (a) a leasehold interest, including renewal options, of less than twenty years at the time of creation of the Unit, or (b) as security for an obligation. 1.8.31 "Renting or Leasing" a Unit means the granting of a right to use or occupy a Unit, for a specified term or indefinite term (with rent reserved on a periodic basis), in exchange for the payment of rent (that is, money, property or other goods or services of value); but shall not mean F:\WPDATA\CDOC\1920\192404.DEC 4 7/28/95 (3:14pm) and include joint ownership of a Unit by means of joint tenancy, tenancy-in-common or other forms of co-ownership. 1.8.32 "Residential Purposes" means use for dwelling or recreational purposes, or both. 1.8.33 "Special Declarant Rights" means rights, if expressly reserved in this Declaration for the benefit of Declarant to: (a) complete improvements indicated on Survey Maps and Plans filed with the Declaration under RCW 64.34.232; (b) exercise any Development Right under Section 23.2; (c) maintain, sales offices, management offices, signs advertising the Condominium, and models under Section 23.1.2; (d) use easements through the Common Elements for the purpose of making improvements within the Condominium or within real property which may be added to the Condo- minium; (e) make the Condominium part of a larger Condominium or a development under RCW 64.34.280; (f) make the Condominium subject to a master association under RCW 64.34.276; or (g) appoint or remove any officer of the Association or any master association or any member of the Board, or to veto or approve a proposed action of the Board or Association, during any period of Declarant Control. 1.8.34 "Survey Map and Plans" means the survey map and the plans recorded simultane- ously with this Declaration and any amendments, corrections, and addenda thereto subsequently recorded. 1.8.35 "Unit" means a physical portion of the Condominium designated for separate ownership, the boundaries of which are described pursuant to Article 4. "Separate ownership" includes Li leasing a Unit in a leasehold condominium under a lease that expires contemporaneously with any lease, the expiration or termination of which will remove the Unit from the Condominium. a:s 1.8.36 "Unit Owner" means, subject to Section 1.9.5, a Declarant or other person who owns a Unit, but does not include a person who has an interest in a Unit solely as security for an obligation; or is merely "renting" or "leasing" a Unit as defined in Section 1.8.31. "Unit Owner" means the vendee, not the vendor, of a Unit under a real estate contract. U _ F:\WPDATA\CDOC\1920\192404.DEC 5 7/28/95 (3:14pm) 1.9 Construction and Validity 1.9.1 All provisions of the Declaration and Bylaws are severable. 1.9.2 The rule against perpetuities may not be applied to defeat any provision of the Declaration, Bylaws, rules, or regulations adopted pursuant to RCW 64.34.304(1)(a). 1.9.3 In the event of a conflict between the provisions of the Declaration and the Bylaws, the Declaration prevails except to the extent the Declaration is inconsistent with the Act. 1.9.4 The creation of this Condominium shall not be impaired and title to the Unit and ! . Common Elements shall not be rendered unmarketable•or otherwise affected by reason of an insig- nificant failure of the Declaration or Survey Map and Plans or any amendment thereto to comply with the Act. 1.9.5 If the Declaration or Bylaws now or hereafter provide that any officers or directors t of the Association must be Unit Owners, then notwithstanding the definition contained in Section 1.8.36, the term "Unit Owner" in such context shall, unless the Declaration or Bylaws otherwise provide, be deemed to include any director, officer, partner in, or trustee of any person, who is, either alone or in conjunction with another person or persons, a Unit Owner. Any officer or director of the Association who would not be eligible to serve as such if he or she were not a director, officer, partner in, or trustee of such a person shall be disqualified from continuing in office if he or she ceases to have any such affiliation with that person, or if that person would have been disqualified from continuing in such office as a natural person. Article 2 DESCRIPTION OF REAL PROPERTY TheReal Property included in the Condominium is described in Exhibit A attached hereto. The - interest of the Declarant in the Real Property included in the Condominium is a fee simple. l J Article 3 k ; DESCRIPTION OF UNITS Either Exhibits B or C, or both, attached hereto set forth the following: 3.1 Number of Units. The number of Units which Declarant has created and reserves the right to create. - 3.2 Unit Number. The Identifying Number of Each Unit created by the Declaration. 3.3 Unit Description. With respect to each existing Unit: 4 3.3.1 The approximate square footage. 3.3.2 The number of bathrooms, whole or partial. F:\WPDATA\CDOC\1920\192404.DEC 6 7/28/95 (3:14pm) , 3.3.3 The number of rooms designated primarily as bedrooms. 3.3.4 The number of built-in fireplaces. 3.3.5 The level or levels on which each Unit is located. 3.4 Access to Common Ways and Public Streets. Each Unit has direct access to Common Area stairways, lobbies, walls, parking areas and/or driveways, and all such Common Areas have direct access to public streets. Article 4 BOUNDARIES 4.1 Unit Boundaries 4.1.1 Interior Surfaces. The Interior Surfaces of perimeter walls, floors, and ceilings are the boundaries of a Unit. Decorative and finished surface coverings (including paint, wallpaper, paneling, carpeting, tiles, and finished flooring) are a part of the Unit, and all other portions of the walls, floors, or ceilings are a part of the Common Elements. 4.1.2 Ducts. Wires, Etc. If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a Unit, any portion thereof serving only that Unit is a Limited Common Element allocated solely to the Unit, and any portion thereof serving more than one Unit or any portion of the Common Elements is a part of the Common Elements. 4.1.3 Partitions. Etc. Subject to the provisions of Section 4.1.2, all spaces, interior partitions, and other fixtures and improvements within the boundaries of a Unit are a part of the Unit. 4.1.4 Shutters, Etc. Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, railings and all exterior doors and windows or other fixtures designed to serve a single Unit, but which are located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit. 4.2 Monuments as Boundaries The physical boundaries of a Unit constructed in substantial accordance with the original Survey Map and Plans thereof become its boundaries rather than the metes and bounds expressed in the Survey Map and Plans, regardless of settling or lateral movements of the Building or minor variances between boundaries shown on the Survey Map and Plans and those of the Building. This Section does I not relieve a Declarant or any other person of liability for failure to adhere to the Survey Map and Plans. F:\WPDATA\CDOC\1920\192404.DEC 7 7/28/95 (3:14pm) 7 4.3 Relocation of Boundaries: Adjoining Units 4.3.1 In General. Subject to the provisions of the Declaration and other provisions of law, the boundaries between adjoining Units may only be relocated by an amendment to the Declaration - upon application to the Association by the Owners of those Units. If the Owners of the adjoining Units have specified a reallocation between their Units of their Allocated Interests, the application must state the proposed reallocations. Unless the Board determines within thirty days that the reallocations are unreasonable, the Association shall prepare an amendment that identifies the Units involved, states the reallocations, is executed by those Unit owners, contains words'or conveyance between them, and is recorded in the name of the grantor and the grantee. 4.3.2 Survey Map and Plans. The Association shall obtain and record Survey Maps or Plans complying with the requirements of RCW 64.34.232(4) necessary to show the altered boundaries fl between adjoining Units and their dimensions and Identifying Numbers. t Article 5 DESCRIPTION OF OTHER IMPROVEMENTS Either Exhibits B or C, or both, attached hereto set forth the following: 5.1 Recreational Facilities. A description of the recreational facilities, if any, included within the Condominiums. 5.2 Puking. The number of covered, uncovered or enclosed parking spaces, if any, including those described in Section 7.1.2. -z 5.3 Moorage Slips. The number of moorage slips, if any. Article 6 DESCRIPTION OF COMMON ELEMENTS Except as otherwise specifically allocated by the provisions of Section 4.1 (including 4.1.2, 4.1.3 and 4.1.4), Article 7 or other provisions of this Declaration or amendments hereto, the Common Elements consist of all portions of the Condominium except Units and include the following: 6.1 The Real Property described in Exhibit A. 6.2 The windows, roofs, foundations, columns, girders, studding,joists, beams, supports, walls (excluding non-bearing interior partitions of Units), chimneys, and all other structural parts of the Buildings, to the boundaries of the Units as the boundaries are defined in the Section 4.1, and any replacements thereto. 6.3 Installations of central services such as: power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating; pipes, conduits, and wires; elevator shafts, tanks, • pumps, motors, fans, compressors, ducts; and in general all apparatus and installations existing for common use; but excluding plumbing, electrical and similar fixtures, which fixtures are located within a Unit for the exclusive use of that Unit. F:\WPDATA\CDOC\1920\192404.DEC 8 7/28/95 (3:14pm) 6.4 The driving areas (not allocated as Limited Common Elements by this Declaration or amendments thereto) which provide access to the Limited Common Elements for parking; and any guest parking or other parking areas (not allocated to Units as Limited Common Elements by this Declaration or amendments thereto.) 6.5 The yards, gardens, landscaped areas and walkways (not assigned as Limited Common Elements by this Declaration or amendments thereto) which surround and provide access to the Buildings or are used for recreational purposes. 6.6 The lobbies, halls and corridors not within individual Units, storage areas not allocated to Units, stairways and stairs, entrances and exits of the Building or Buildings, and (unless otherwise expressly provided in Exhibit A) the recreational facilities described in said Exhibit A. 6.7 Premises for the lodging or use of persons in charge of, or maintaining, the Property, if any. 6.8 All other parts of the Property necessary or convenient to its existence, maintenance and safety, or normally in common use. Article 7 DESCRIPTION OF LIMITED COMMON ELEMENTS 7.1 Limited Common Elements. The Limited Common Elements are allocated for the exclusive use of the Owner or Owners of the Unit or Units to which they are allocated and, in addition to any Limited Common Elements provided by law or other provisions of the Declaration (including 4.1.2 and 4.1.4) or amendments thereto, consist of: 7.1.1 Patio, Etc. The patio/yard area, deck or lanai, if any, which is adjacent to each Unit as more particularly shown on the Survey Map and Plans, the boundaries of said patio/yard area, deck or lanai being defined by the Interior Surfaces of the walls, floor, ceiling, doors, windows, ground, railings, fence or curb enclosing said patio/yard areas, deck or lanai; but if there are no such Interior Surfaces, then the boundaries as delineated on the Survey Map and Plans;'but if no such boundaries are so delineated, then the perimeter edge of any patio, deck or lanai as actually constructed by Declarant. 7.1.2 Parking. Etc. Parking space (if any), and driving areas of the kind referred to in Section 6.4 (if any), which may be allocated to a Unit by this Declaration or amendments thereto and which prior to such allocation shall be more particularly shown on the Survey Map and Plans, the boundaries of said parking stall being defined by the Interior Surfaces of the walls, floor, curb and/or striping enclosing said parking space. 7.1.3 Storage(Adjacent). The storage lockers for each Unit, if any, which automatically are Limited Common Element where said storage lockers are located on the deck, lanai, patio or hall- way, or other Common Element, immediately adjacent to a particular Unit and as shown on the Survey Map and Plans, the boundaries of said storage locker being defined by the Interior Surfaces of top, bottom, door and sides of said storage locker. F:\WPDATA\CDOC\1920\192404.DEC 9 7/28/95 (3:14pm) 7.1.4 Storage (Otherl. The storage locker, if any, which may be allocated to a Unit by this Declaration or amendments thereto, the boundaries of said storage locker being defined by the Inter- ior Surfaces of top, bottom, door and sides of said storage locker. 7.1.5 Miscellaneous. Such other Limited Common Elements, if any, as may be described in Exhibit A attached hereto or depicted and labeled on the Survey Map and Plans. 7.1.6 Boundary. If there is no fence, wall or other enclosure establishing the boundary of a Limited Common Element, then the boundary shall be as depicted on the Survey Map and Plans. 7.2 Transfer of Limited Common Elements 7.2.1 Renting. After Declarant's initial allocation, a Unit Owner may rent or lease the parking space and/or storage areas allocated to that Unit to any other Unit Owner; provided, that the rental or lease term shall automatically expire on the date the lessor/Unit Owner disposes of its interest in the Unit (whether such disposition is by deed, contract, foreclosure or otherwise); and provided fur- ther, that the Board shall be notified in writing of the existence of any such rental or lease arrangement. 7.2.2 Reallocation Between Units. Except in the case of a reallocation being made by the Declarant pursuant to a Development Right reserved in this Declaration, a Limited Common Ele- ment may only be reallocated between Units with the approval of the Board and by an amendment to the Declaration executed by the Owners of, and,approved in writing by the Mortgagees holding Mortgages against, the Units to which the Limited Common Element was and will be allocated. The Board shall approve the request of the Owner or Owners under this section within thirty days unless the proposed reallocation does not comply with the Act or the Declaration. The failure of the Board to act upon a request within such period shall be deemed approval thereof. The amendment shall be recorded in the names of the parties and of the Condominium. 7.2.3 Common to Limited Common, Etc.. Owners of Units to which at least sixty-seven percent of the votes are allocated, including the Owner of the Unit to which the Limited Common , - Element will be assigned or incorporated, must agree to reallocate a Common Element as a Limited Common Element or to incorporate a Common Element or a Limited Common Element into an existing Unit. Such reallocation or incorporation shall be reflected in an amendment to the Declaration, Survey Map, or Plans. Provided, however, this Section shall not apply with respect to any such reallocation or incorporation made as a result of the exercise of any Development Right reserved by Declarant. 7.3 Fireplaces If fireplaces are now or hereafter installed in individual Units, then the following provisions shall apply: Notwithstanding anything provided in the Declaration to the contrary, the following shall govern fireplaces located within Units: (a) If a fireplace to be used by a particular Unit is shown on the Survey Map and Plans as being inside the perimeter wall constituting boundaries of the Unit, then the fireplace shall be a part of the Unit and not Limited Common Elements. If such fireplace is shown on the Survey Map and Plans as being outside of such boundaries, then the fireplace shall be a Limited Common Element of such Unit. F:\WPDATA\CDOC\1920\192404.DEC 10 7/28/95 (3:14pm) (b) Flues, pipes, chimneys and other equipment and apparatus associated with the use of a fireplace are also a Limited Common Element for the Unit in which the fireplace is located; provided, if the flues, pipes, chimneys and other equipment and apparatus are utilized in common by two or more Units, then those flues, pipes, chimneys and other equipment and apparatus are Limited Common Elements for the Units for which they are being utilized. (c) Maintenance, repair and replacement of fireplaces, flues, pipes, chimneys and other equipment and apparatus associated with the use of a fireplace shall be governed by the provisions of Section 11.6 of the Declaration. (d) All use of the fireplaces will be in accordance with the rules which the Board may from time to time adopt. Article 8 ALLOCATED INTERESTS The Allocated Interests of each Unit (that is, the undivided interest in the Common Elements, the Common Expense Liability and the votes in the Association allocated to each Unit) are set forth in Exhibit B attached hereto. Any values used to establish the percentages required by the Act do not reflect, necessarily, the amount for which a Unit will be sold, from time to time, by Declarant or others. The Allocated Interest appertaining to each Unit cannot be changed except as provided in this Declaration. The Allocated Interest and the title to the respective Units shall not be separated or separately conveyed and each undivided interest shall be deemed to be conveyed with its respective Unit even though the description in the instrument of conveyance or encumbrance may refer only to the title to the Unit. Except where permitted by the Act, the Common Elements are not subject to partition, and any purported conveyance, encumbrance,judicial sale, or other voluntary or involuntary transfer of an Allocated Interest made without the Unit to which that Interest is allocated is void. Article 9 OWNER'S ASSOCIATION 9.1 Form of Association. The Association shall be organized as a non-profit corporation under the laws of the State of Washington and shall be known as lacanktommimolaolmignin Owners Association. 9.2 Membership 9.2.1 Qualification. Each Owner (including Declarant) shall be a member of the Association and shall be entitled to one membership for each Unit so owned; provided, that if a Unit Gj has been sold on contract, the contract purchaser shall exercise the rights of the Unit Owner for �y purposes of the Association, this Declaration, and the Bylaws, except as hereinafter limited, and shall be the voting representative unless otherwise specified. Ownership of a Unit shall be the sole qualification for membership in the Association. 9.2.2 Transfer of Membership. The Association membership of each Owner (including Declarant) shall be appurtenant to the Unit giving rise to such membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except upon the transfer of title F:\WPDATA\CDOC\1920\192404.DEC 11 - 7/28/95 (3:14pm) • to said Unit and then only to the transferee of title to such Unit. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Unit shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof. _ 9.3 Voting 9.3.1 Number of Votes. The total voting power of all Owners shall equal one (1) vote and the fraction voting power allocated to each Unit is set forth in Exhibit B hereof. 9.3.2 Multiple Owners. If only one of the multiple Owners of a Unit is present at a meeting of the Association, the owner is entitled to cast all the votes allocated to that Unit. If more than one of the multiple Owners are present, the votes allocated to that Unit may be cast only in accord- ance with the agreement of a majority in interest of the multiple Owners. There is majority agreement if any one of the multiple Owners casts the votes allocated to that Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Unit. 9.3.3 Proxies. Votes allocated to a Unit may be cast pursuant to a proxy duly executed by a Unit Owner. If a Unit is owned by more than one person, each owner of the Unit may vote or register protest to the casting of votes by the other Owners of the Unit through a duly executed proxy. A Unit Owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated t-; or purports to be revocable without notice. Unless stated otherwise in the proxy, a proxy terminates eleven months after its date of issuance. 9.3.4 Association Owned Units. No votes allocated to a Unit owned by the Association may be cast, and in determining the percentage of votes required to act on any matter, the votes allo- cated to Units owned by the Association shall be disregarded. 9.3.5 Pledged Votes. If an Owner is in default under a first Mortgage on the Unit for ninety (90) consecutive days or more, the Mortgagee shall automatically be authorized to declare at any - time thereafter that the Unit Owner has pledged his or her vote on all issues to the Mortgagee during the continuance of the default. If the Board has been notified of any such pledge to a Mortgagee, or in the event the record Owner or Owners have otherwise pledged their vote regarding special matters F to a Mortgagee under a duly recorded Mortgage, only the vote of such Mortgagee or vendor, will be recognized in regard to the special matters upon which the vote is so pledged, if a copy of the instrument with this pledge has been filed with the Board. Amendments to this subsection shall only be effective upon the written consent of all the voting Owners and their respective Mortgagees, if any. 9.4 Meetings. Notices and Ouorums 9.4.1 Meetings. A meeting of the Association must be held at least once each year. Special meetings of the Association may be called by the president, a majority'of the Board, or by Unit owners having twenty percent of the votes in the Association. Not less than ten nor more than sixty days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by first class United States mail to the mailing address of each Unit or to any other mailing address designated in writing by the Unit Owner. The notice of any meeting • shall state the time and place of the meeting and the items on the agenda to be voted on by the members, including the general nature of any proposed amendment to the Declaration or Bylaws, F:\WPDATA\CDOC\1920\192404.DEC 12 7/28/95 (3:14pm) changes in the previously approved budget that result in a change in Assessment obligations, and any proposal to remove a director or officer. 9.4.2 Quorums. (a) A quorum is present throughout any meeting of the Association if the owners of Units to which twenty-five percent of the votes of the Association are allocated are present in person or by proxy at the beginning of the meeting. (b) A quorum is deemed present throughout any meeting of the Board if persons entitled to cast fifty percent of the votes on the Board are present at the beginning of the meeting. 9.5 Bylaws of Association 9.5.1 Adoption of Bylaws. Bylaws (and amendments thereto) for the administration of the Association and the Property, and for other purposes not inconsistent with the Act or with the intent of this Declaration shall be adopted by the Association upon concurrence of those voting Owners holding a majority of the total voting power. Amendments to the Bylaws may be adopted at any regular or special meeting. Declarant may adopt initial Bylaws. 9.5.2 Bylaws Provisions. The Bylaws may contain supplementary, not inconsistent, provisions regarding the operation and administration of the Condominium. Article 10 MANAGEMENT OF CONDOMINIUM 10.1 Administration of the Condominium. The Unit Owners covenant and agree that the administration of the Condominium shall be in accordance with the provisions of this Declaration and the Articles of Incorporation and Bylaws of the Association which are incorporated herein by reference and made a part hereof. 10.2 Election and Removal of Board and Officers. 10.2.1 Election By Owners, In General. The Unit Owners (including Declarant and any Affiliate of Declarant to the extent Units are owned by Declarant or any such Affiliate) shall elect a Board of at least three members, all of whom must be Unit Owners. The Board shall elect the officers. Such members of the Board and officers shall take office upon election. 10.2.2 Election By Owners. Other Than Declarant. Not later than sixty (60) days after conveyance of twenty-five percent (25) of the Units which may be created to Unit Owners other than l Declarant, at least one (1) member and not less than twenty-five percent (25%) of the members of the J Board must be elected by Unit Owners other than Declarant. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Units which may be created to Unit Owners other than a Declarant, not less than thirty-three and one-third percent of the members of the Board must be elected by Unit Owners other than the Declarant. 10.2.3 Taking Office; Officers. The Board shall elect the officers of the Association. Such members of the Board and officers shall take office upon election. F:\WPDATA\CDOC\1920\192404.DEC 13 9/22/95 (1:46pm) E, 10.2.4 Removal. The Unit Owners, by a two-thirds vote of the voting power in the Association present and entitled to vote at any meeting of the Unit Owners at which a quorum is pres- ent, may remove any member of the Board with or without cause. 10.3 Management by Board. 10.3.1 On Behalf of Association. Except as otherwise provided in the Declaration, the }� Bylaws, Section 10.3.2 hereof or the Act, the Board shall act in all instances on behalf of the I' Association. In the performance of their duties, the officers and members of the Board are required to exercise ordinary and reasonable care. 10.3.2 Not on Behalf of Association. The Board shall not act on behalf of the Asso- ciation to amend the Declaration in any manner that requires the vote or approval of the Unit Owners pursuant to Section 21.1, to terminate the Condominium pursuant to RCW 64.34.268, or to elect members of the Board or determine the qualifications, powers, and duties, or terms of office of members of the Board pursuant to section 10.3.2; but the Board may fill vacancies in its membership ' for the unexpired portion of any term. 10.3.3 Budget Approval. Within thirty days after adoption of any proposed budget for the Condominium, the Board shall provide a summary of the budget to all the Unit Owners and shall set a date for a meeting of the Unit Owners to consider ratification of the budget not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting the Owners of Units to which a majority of the votes in the Association are allocated reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the Unit Owners shall be continued until such time as the Unit Owners ratify a subsequent budget proposed by the Board. 10.4 Authority of the Association 10.4.1 The Association acting by and through the Board, or a Manager appointed by the Board, for the benefit of the Condominium and the Owners, shall enforce the provisions of this Declaration and of the Bylaws and shall have all powers and authority permitted to the Association under the Act and this Declaration, including without limitation: • (a) Adopt and amend Bylaws, rules, and regulations; (b) Adopt and amend budgets ,for revenues, expenditures, and reserves, and impose and collect Assessments for Common Expenses from Unit Owners; (c) Hire and discharge or contract with managing agents and other employees, agents, and independent contractors; (d) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Unit Owners on matters affecting the Condominium; (e) Make contracts and incur liabilities; L. (f) Regulate the use, maintenance, repair,replacement, and modification of Com- mon Elements; F:\WPDATA\CDOC\1920\192404.DEC 14 7/28/95 (3:14pm) • (g) Cause additional improvements to be made as a part of the Common Elements; (h) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, but Common Elements may be conveyed or subjected to a security interest only pursuant to Section 10.8; (i) Grant easements, leases, licenses, and concessions through or over the Com- mon Elements and petition for or consent to the vacation of streets and alleys; (j) Impose and collect any payments, fees, or charges for the use, rental, or operation of the Common Elements, other than Limited Common Elements described in Sections 4.1.2 and 4.1.4, and for services provided to Unit Owners; (k) Impose and collect charges for late payment of assessments and, after notice and an opportunity to be heard by the Board or by such representative designated by the Board and in accordance with such procedures as provided in the Declaration or Bylaws or rules and regulations adopted by the Board, levy reasonable fines in accordance with a previously established scheduled thereof adopted by the Board and furnished to the Owners for violations of the Declaration, Bylaws, and rules and regulations of the Association; (1) Impose and collect reasonable charges for the preparation and recording of amendments to the Declaration, resale certificates required by RCW 64.34.425 and statements of unpaid Assessments; (m) Provide for the indemnification of its officers and Board and maintain directors' and officers' liability insurance; (n) Assign its right to future income, including the right to receive Common Expense assessments, but only to the extent the Declaration provides; (o) Exercise any other powers conferred by the Declaration or Bylaws; (p) Exercise all other powers that may be exercised in this state by the same type of corporation as the Association; (q) Exercise any other powers necessary and proper for the governance and operation of the Association; • (r) Maintain and repair any Unit, its appurtenances and appliances, and any Limited Common Elements, if such maintenance or repair is reasonably necessary in the discretion of t the Board to protect the Common Element or preserve the appearance and value of the Condominium, and the Owner of said Unit has failed or refused to perform said maintenance or repair within a reason- able time after written notice of the necessity of said maintenance or repair has been delivered by the Board to the Owner; provided that the Board shall levy a special charge against the Unit of such Owner for the cost of such maintenance or repair; and (s) Pay any amount necessary to discharge any lien or encumbrance levied against the entire Property or any part thereof which is claimed to or may, in the opinion of the Board, con- F:\WPDATA\CDOC\1920\192404.DEC 15 - 7/28/95 (3:14pm) • stitute a lien against the Property or against the Common Elements, rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such lien, they shall be jointly and severally liable for the cost of discharging it, and any costs and expenses (including court costs and attorney fees) incurred by the Board by reason of such lien or liens shall be specially charged against the Owners and the Units responsible to the extent of their responsibil- ity. 10.4.2 The Board's power hereinabove enumerated shall be limited in that the Board shall have no authority to acquire and pay for out of the Association funds a capital addition or improve- ment (other than for purposes of restoring, repairing or replacing portions of the Common Elements) having a total cost in excess of Five Thousand Dollars ($5,000), without first obtaining the affirmative vote of a majority of Owners at a meeting called for such purpose, or if no such meeting is held, then the written consent of a majority of Owners; provided that any expenditure or contract for each capital addition or improvement in excess of Twenty-Five Thousand Dollars ($25,000) must be approved by Owners having not less than sixty-seven percent (67%) of the voting power. 10.4.3 Nothing herein contained shall be construed to give the Association authority to conduct an active business for profit on behalf of all of the Owners or any of them. 10.4.4 The Board and its agents or employees, may enter any Unit or Limited Common Element when necessary in connection with any maintenance, landscaping or construction for which the _ Board is responsible or in the event of emergencies. Such entry shall be made with as little inconvenience to the Owners as practicable, and any damage caused thereby shall be repaired by the Board paid for as a Common Expense if the entry was due to an emergency, or for the purpose of . maintenance or repairs to Common or Limited Common Elements where the repairs were undertaken by or under the direction or authority of the Board; provided, if the repairs or maintenance were neces- sitated by or for the Unit entered or its Owners, or requested by its Owners, the costs thereof shall be -; specially charged to such Unit. In furtherance of the foregoing, the Board (or its designated agent) shall have the right at all times to possess such keys and/or lock combinations as are necessary to gain immediate access to Units and Limited Common Elements. 10.5 Borrowing by Association. In the discharge of its duties and the exercise of its powers as set forth in Section 10.3.1, but subject to the limitations set forth in this Declaration, the Board may borrow funds on behalf of the Association and to secure the repayment of such funds, assess each Unit (and the Owner thereof) for said Unit's pro rata share of said borrowed funds and the obligation to pay said pro rata share shall be a lien against said Unit and the undivided interest in the Common Elements appurtenant to said Unit. Provided, that the Owner of a Unit may remove said Unit and the Allocated Interest in the Common Elements appurtenant to such Unit from the lien of such assessment by payment of the Allocated Interest in Common Expense Liability attributable to such Unit. Subsequent to any such payment, discharge, or satisfaction, the Unit and the Allocated Interest in the Common Elements appurtenant thereto shall thereafter be free and clear of the liens so paid, satisfied, or discharged. Such partial payment, satisfaction, or discharge shall not prevent the lienor from proceeding to enforce his rights against any Unit and the Allocated Interest in the Common Elements appurtenant thereto not so paid, satisfied, or discharged. F:\WPDATA\CDOC\1920\192404.DEC 16 7/28/95 (3:14pm) 10.6 Association Records and Funds 10.6.1 Records and Audits. The Association shall keep financial records sufficiently detailed to enable the Association to comply with RCW 64.34.425 in providing resale certificates. All financial and other records shall be made reasonably available for examination by any Unit Owner, the Owner's authorized agents and all Mortgagees. At least annually, the Association shall prepare, or cause to be prepared, a financial statement of the Association in accordance with generally accepted accounting principles. If this Condominium consists of fifty or more Units, the financial statements of the Condominium shall be audited at least annually by a certified public accountant. If this Condominium consists of fewer than fifty Units, an annual audit is also required but may be waived annually by Owners (other than the Declarant) of Units to which sixty percent of the votes are allocated, excluding the votes allocated to Units owned by the Declarant. 10.6.2 Fund Commingling. The funds of the Association shall be kept in accounts in the name of the Association and shall not be commingled with the funds of any other Association, nor with the funds of any Manager of the Association or any other person responsible for the custody of such funds. Any reserve funds of the Association shall be kept in a segregated account and any transaction affecting such funds, including the issuance of checks, shall require the signature of at least two persons who are officers or directors of the Association. 10.7 Association as Trustee. With respect to a third person dealing with the Association in the Association's capacity as a trustee, the existence of trust powers and their proper exercise by the Association may be assumed without inquiry. A third person is not bound to inquire whether the Association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the Association is exceeding or improperly exercising its powers, is fully protected in dealing with the Association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the Association in its capacity as trustee. 10.8 Common Elements, Conveyance, Encumbrance. 10.8.1 In General. Portions of the Common Elements which are not necessary for the habitability of a Unit may be conveyed or subjected to a security interest by the Association if the Owners of Units to which at least eighty percent (80%) of the votes in the Association are allocated, including eighty percent (80%) of the votes allocated to Units not owned by Declarant or an Affiliate of Declarant, agree to that action; but all the Owners of Units to which any Limited Common Element is allocated must agree in order to convey that Limited Common Element or subject it to a security interest. Proceeds of the sale or financing are an asset of the Association. 10.8.2 Agreement. An agreement to convey Common Elements or subject them to a security interest must be evidenced by the execution of an agreement, or ratifications thereof, in the same manner as a deed, by the requisite number of Unit Owners. The agreement must specify a date after which the agreement will be void unless recorded before that date. The agreement and all rati- fications thereof must be recorded in every county in which a portion of the Condominium is situated and is effective only upon recording. 10.8.3 Conditions Precedent. The Association, on behalf of the Unit Owners, may contract to convey Common Elements or subject them to a security interest, but the contract is not enforceable against the Association until approved pursuant to Sections 10.8.1 and 10.8.2. Thereafter, F:\WPDATA\CDOC\1920\192404.DEC 17 7/28/95 (3:14pm) the Association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments. 10.8.4 Void Transactions. Any purported conveyance, encumbrance, or other voluntary transfer of Common Elements, unless made pursuant to this Section, is void. 10.8.5 Support Right. A conveyance or encumbrance of Common Elements pursuant to this section shall not deprive any Unit of its rights of access and support. 10.8.6 Prior Encumbrances. A conveyance or encumbrance of Common Elements pursuant to this section shall not affect the priority or validity of preexisting encumbrances either on Units (and their Allocated Interest in Common Elements) or on Common Elements. 10.9 Termination of Contracts and Leases. If entered into before the Board elected by the Unit Owners pursuant to Section 10.2.2 takes office, (1) any management contract, employment contract, or lease of recreational or parking areas or facilities, (2) any other contract or lease between the Association and a Declarant or an Affiliate of a Declarant, or (3) any contract or lease that is not bona fide or was unconscionable to the Unit Owners at the time entered into under the circumstances then prevailing may be terminated without penalty by the Association at any time after the Board elected by the Unit Owners pursuant to Section 10.2.2 takes office upon not less than ninety days' notice to the other party or within such lesser notice period provided for without penalty in the contract or lease. This Section does not apply to any lease, the termination of which would terminate the Condominium or reduce its size, unless the real property subject to that lease was included in the Condominium for the purpose of avoiding the right of the Association to terminate a lease under this Section. 10.10 Governmentally Required Maintenance. etc. Any insurance, maintenance, repair, replacement, alteration or other work, or the monitoring of such work, which is required by any governmental entity (including without limitation, federal, state or local government, public or private utility provider, local improvement district, or other governmental or quasi-governmental entity or agency), and regardless of whether such requirement is now or hereafter established, and whether imposed in connection with a building permit or other governmental approval or requirement, and whether involving land within public rights of way or subject to ownership or exclusive use of one owner, shall be the sole and exclusive responsibility of the Association (not the Declarant) and any cost incurred in connection therewith shall be.a Common Expense. In furtherance of the generality of'the foregoing, and not by way of limitation, such work shall include: maintenance of any grass-lined swales and proper disposal of clippings; maintenance of wetland plantings; replacement of wetland and landscape plantings that die during any required maintenance period; maintenance of public and private storm sewer and retention systems. Declarant shall have the right, but not the obligation, to perform any such work if the Association fails to do so. The Association shall promptly upon demand reimburse Declarant for any costs directly or indirectly incurred by declarant as a result of the Declarant performing, or the Association's failure to perform, such work (including any work necessary to obtain a release, or avoid a forfeiture, of any cash deposit or other bond made by Declarant). Article 11 USE; REGULATION OF USES; ARCHITECTURAL UNIFORMITY 11.1 Residential Units. The Units shall be used: for Residential Purposes only, including sleeping, eating, food preparation for on-site consumption by occupants and guests, entertaining by occupants of personal guests and,similar activities commonly conducted within a residential dwelling, F:\WPDATA\CDOC\1920\192404.DEC 18 7/28/95 (3:14pm) without regard to whether the Unit Owner or occupant resides in the Unit as a primary or secondary personal residence, on an ownership, rental, lease or invitee basis; for such other reasonable ancillary purposes commonly associated with residential dwellings and otherwise in compliance with the Declaration and applicable law in residential dwellings(including without limitation a home/professional business office); for the common social, recreational or other reasonable uses normally incident to such purposes; and for purposes of operating the Association and managing the Condominium. 11.2 Vehicle Parking Restrictions. Common Element and Limited Common Element parking spaces are restricted to use for parking of operable passenger motor vehicles such as automobiles, light trucks and passenger vans and other personal property may be parked or kept therein only subject to the provisions of this section, Article 7 of the Declaration, and the rules and regulations of the Board. Boats, motor homes, trailers, campers or other recreational vehicles may not be stored in parking spaces or other Limited Common Element areas. The Board may require removal of any vehicle (and any other personal property) improperly stored in parking spaces. If the same is not removed, the Board shall cause removal at the risk and expense of the Owner thereof. Except as permitted by rules or regulation of the Board, personal property (other than an operable motor vehicle) may not be stored in a parking space (regardless of whether such space is a Limited Common Element or part of a Unit), or such parking space be used for a purpose other than parking, to an extent that would prevent the parking therein of any motor vehicle regularly used by a person occupying a Unit for more than seven (7) days in any calendar month. The use of any wall-mounted, ceiling mounted or other storage facility or area within a Limited Common Element parking space shall not interfere with the parking of a motor vehicle (or the opening of vehicle doors) in an adjacent parking space to an extent greater than caused by parking a vehicle in such Limited Common Element space. 11.3 Common Drive and Walks. Common drives, walks, corridors, stairways and other general Common Elements shall be used exclusively for normal transit and no obstructions and/or decorations or other items shall be placed thereon or therein except by express written consent of the Board. 11.4 Interior Unit Maintenance Subject to the provisions of Section 11.14: 11.4.1 Standard of Condition. Each Unit Owner shall, at his sole expense, have the right and the duty to keep the interior of his Unit and its equipment, appliances, and appurtenances in good order, condition and repair. Each Owner shall be responsible for the construction, alteration, maintenance, repair or replacement of any plumbing fixtures, water heaters, fans, heating or other - equipment, electrical fixtures or appliances which may be in or connected with his Unit. 11.4.2 Additional Rights and Duties. Without limiting the generality of the foregoing, each Owner shall have the right, at his sole cost and expense, to construct, alter, maintain, repair, paint, paper, panel, plaster, tile, and finish: the windows; window frames; doors; door frames and trim; interior non-load bearing partitions; and the interior surfaces of the ceilings, floors, and the perimeter walls of the Unit and the surfaces of the bearing and non-bearing walls located within his Unit; and shall not permit or commit waste of his Unit or the Common Elements. Each Owner shall have the right to substitute new finished surfaces for the finished surfaces then existing on said ceilings, floors and walls; provided that, except for hard surface flooring installed by Declarant or installed as part of the original construction of the Building, no Owner shall install hard surface flooring within a Unit except with the prior written consent of the Unit Owner below, if any; provided further, in any area (other than the front door entry, kitchen, kitchen nook and bathrooms) in a Unit located immediately above another F:\WPDATA\CDOC\1920\192404.DEC 19 - 7/28/95 (3:14pm) Unit in which hard surface flooring is installed (whether by Declarant or by an Owner, and whether as a part of or after original construction) area carpets shall be used so that normal foot traffic will be on the carpet rather than the hard surface flooring. This Section shall not be construed as permitting any violation of any other provision of this Declaration or any interference with or damage to the structural integrity of the Building or interference with the use and enjoyment of the Common Elements or of the other Units or any of them, nor shall it be construed to limit the powers or obligations of the Association or Board hereunder. • 11.5 Alterations of Units. Subject to the provisions of Section 11.4 a Unit Owner: r. . 11.5.1 Non-Structural. May make any improvements or alterations to the Owner's Unit ! ; that do not affect the structural integrity or mechanical or electrical systems or lessen the support of any portion of the Condominium; 11.5.2 Common Element. May not change the appearance of the Common Elements or the exterior appearance of a Unit without permission of the Association; 11.5.3 Adjoining Unit. After acquiring an adjoining Unit or an adjoining part of an adjoining Unit may, with approval of the Board, remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a Common Element, if those acts do not • adversely affect the structural integrity or mechanical or electrical systems or lessen the support of any portion of the Condominium. Removal of partitions or creation of apertures under this section is not a relocation of boundaries. The Board shall approve a Unit Owner's request, which request shall include the plans and specifications for the proposed removal or alteration, under this section within thirty days, unless the proposed alteration does not comply with the Act or the Declaration or impairs the structural integrity or mechanical or electrical systems in the Condominium. The failure of the Board to act upon a request within such period shall be deemed approval thereof. 11.5.4 Board Decisions. The Board shall be allowed 30 days for decisions. All requests for additions and alterations shall be made in writing and the Board shall respond in written form. Except as otherwise provided herein, no work of any kind shall be conducted without the express written approval of the Board. This subsection 11.5.4 shall also apply to section 11.6 11.6 Limited Common Element Maintenance. Limited Common Elements, as defined in Article 7, are for the sole and exclusive use of the Units for which they are reserved or assigned; provided, that the use, condition and appearance thereof may be regulated under provisions of the Bylaws, rules or this Declaration including the following: 11.6.1 Decisions by Board. Decisions with respect to the standard of appearance and condition of Limited Common Elements, and with respect to the necessity for, and manner of, caring for, maintaining, repairing, repainting or redecorating Limited Common Elements("Maintenance Work" herein), shall be made by the Board. 11.6.2 Performance of Work. Performance of such Maintenance Work shall be carried out by the Board on behalf of the Owner or Owners of Units to which the Limited Common Element in question is assigned or reserved; provided, that by written notice, the Board may permit such Owner . or Owners to perform such Maintenance Work themselves; F:\WPDATA\CDOC\1920\192404.DEC 20 7/28/95 (3:14pm) 11.6.3 Board Approval. Owners may not, however, modify, paint, or otherwise decorate, or in any way alter their respective Limited Common Elements without prior written approval of the Board; • 11.6.4 Owner Pays Cost. Unit Owners will be responsible for the cost of such Maintenance Work for the Limited Common Elements reserved for or assigned to their Units; 11.6.5 Multiple Owners. With respect to a Limited Common Element reserved for or assigned to more than one Unit for the mutual and joint use thereof, the cost of such Maintenance Work for such Limited Common Element shall be divided in equal shares among the Units for which such Limited Common Element is reserved. 11.6.6 Cost as Special Charge. With respect to any such Maintenance Work performed by the Board, the cost thereof (or the appropriate share thereof if the Limited Common Element in question has been assigned or reserved jointly to more than one Unit) shall be levied as a special charge against the Unlit or Units (and the Owner or Owners thereof) to which such Limited Common Element is assigned or reserved. • 11.7 Exterior Appearance. In order to preserve a uniform exterior appearance to the Building, and the Common and Limited Common Elements visible to the public, the Board shall require and provide for the painting and other decorative finish of the Building, lanais or patio/yard areas, or other Common or Limited Common Elements, and prescribe the type and color of such decorative finishes, • and may prohibit, require or regulate any modification or decoration of the Building, lanais, patio/yard areas or other Common or Limited Common Elements undertaken or proposed by any Owner. This power of the Board extends to screens, doors, awnings, rails or other visible portions of each Unit and Building. The Board may also require use of a uniform color and kind of Unit window covering (including draperies, blinds, shades, etc.) visible from the exterior or from Common Elements. 11.8 Effect on Insurance. Nothing shall be done or kept in any Unit or in the Common or Limited Common Element which will increase the rate of insurance on the Common Elements or Units without the prior written consent of the Board. No Owner and/or Purchaser shall permit anything to be done or kept in his Unit or in the Common or Limited Common Elements which will result in the cancellation of insurance on any Unit or any part of the Common or Limited Common Elements, or which would be in violation of any laws. 11.9 Signs. No sign of any kind shall be displayed to the public view on or from any Unit or Common or Limited Common Element without the prior consent of the Board; provided, that the Board shall, by and subject to appropriate rule, permit temporary placement of a sign, at a space designated by the Board, indicating that a Unit is for sale or lease; and provided, that this section shall not apply to Declarant or Declarant's agents in exercising any Special Declarant Right reserved by Declarant under this Declaration. 11.10 Pets. Domestic household pets, such as dogs and cats, may be kept by Unit Owners; provided, that the keeping of pets shall be subject to such reasonable rules and regulations as the Board may from time to time adopt. The Board may require the removal of any animal which the Board in the exercise of reasonable discretion finds disturbing other Unit Owners unreasonably, and may exercise this authority for specific animals.even though other animals are permitted to remain. F:\WPDATA\CDOC\1920\192404.DEC 21 7/28/95 (3:14pm) r Pets will not be allowed on any Common Elements (or Limited Common Elements allocated for the use of more than one Unit) unless they are on a leash or being carried and are being walked to or from the Unit to a public walk or street. At all times the Common Elements shall be free of any pet debris, including food and feces matter. At no time is pet feces to be deposited in garbage. No livestock, poultry, rabbits or other animals whatsoever shall be allowed or kept in any part of the Condominium, nor may any animal be bred or used therein for any commercial purpose. The Board may require the removal of any animal which the Board in the exercise of reasonable ri discretion finds disturbing other Unit Owners unreasonably, and may exercise this authority for specific animals even though other animals are permitted to remain. 11.11 Offensive Activity. No noxious or offensive activity shall be carried on in any Unit or Common or Limited Common Element, nor shall anything be done therein which may be or become an annoyance or nuisance to other Owners. No owner shall decorate or landscape any entrance, hallways, elevator, planting area or lanai appurtenant to his Unit except in accordance with standards therefor established by the Board of directors or specific plans approved in writing by the Board of directors. Although sound transmission reduction methods may have been employed in construction of the condominium, all Owners must understand: that sound transmission is inherently greater in wood frame buildings than in concrete buildings; and that some sound transmission will occur between Units and - from exterior sources. All occupants shall avoid making noises, and using musical instruments, radios, and amplifiers in such manner as may disturb other occupants. Owner shall also control their pets so that they do not disturb other occupants. No garments, rugs or other objects shall be hung from the windows or facades, lanais of the project or otherwise displayed in public view. No rugs or other objects shall be dusted or shaken from the windows, lanais or doors of any Unit or cleaned by beating or sweeping on any walkways, patios, entries or other exterior part of the project. No refuse, garbage or trash of any kind shall be thrown, placed or kept on any Common Element of the project outside of the disposal facilities provided for such purposes. Every Unit Owner and occupant shall at all times keep his Unit in a strictly clean and sanitary condition, free of rodents and pests, and observe and perform all laws, ordinances, rules and regulations, including kennel laws and animal control laws. 11.12 Common Element Alterations. Nothing shall be altered or constructed in, or (except for an Owner's personal property) removed from, the Common Element except upon the written consent of the Board and after procedures required herein or by law. 11.13 House Rules. "The Board or the Association membership is empowered to pass, amend and revoke detailed, reasonable administrative rules and regulations, or "House Rules," necessary or convenient from time to time to insure compliance with the general guidelines of this Article. Such F:\WPDATA\CDOC\1920\192404.DEC 22 7/28/95 (3:14pm) House Rules shall be binding on all Unit Owners, lessees, guests and invitees upon adoption by the Board or Association. r 11.14 Rental Units. The Leasing or Renting of a Unit by its Owner shall be governed by the provisions of this Section 11.14: 11.14.1 No Transient Purposes. With the exception of a lender in possession of a Unit following a default in a Mortgage, a Foreclosure proceeding or any deed or other arrangement in lieu of a Foreclosure, no Unit Owner shall be permitted to Lease his Unit for hotel or transient purposes which shall be defined as Renting for any period less than thirty (30) days. The Association may by resolution of the Board prohibit the Leasing of any Unit for a period of less than six (6) months. 11.14.2 Entire Unit. No Unit Owner may Lease less than the entire Unit. 11.14.3 Written Leases. All Leasing or Rental agreements shall be in writing and be subject to this Declaration and Bylaws (with a default by the tenant in complying with this Declaration and/or Bylaws constituting a default under the Lease or Rental agreement). The Board shall be notified in advance of an Owner's intentions to rent or lease a Unit. The Board shall also be notified of the names of all occupants of the Unit being rented or leased 11.14.4 Rent to Association. If a Unit is Rented by its Owner, the Board may collect, and the tenant or lessee shall pay over to the Board, so much of the rent for such Unit as is required to pay any amounts due the Association hereunder, plus interest and costs if the same are in default over thirty (30) days. The renter or lessee shall not have the right to question payment over to the Board, and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent, to the extent such rent is paid to the Association, but will not discharge the liability of the Owner or purchaser and the Unit under this Declaration for assessments and charges, or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been appointed with respect to the Unit or its Owner; nor in derogation of any rights which a Mortgagee of such Unit may have with respect to such rents. Other than as stated in this Section 11.14, there is no restriction on the right of any Unit Owner to Lease or otherwise Rent his Unit. 11.15 Maintenance of View. Trees and vegetation planted in the Common Elements shall be pruned by the Association in a manner to preserve as much view as possible from each of the Units. 11.16 Timesharing. Timesharing, as defined in the Washington Timeshare Act, is prohibited. Article 12 COMMON EXPENSES AND ASSESSMENTS 12.1 Estimated Expenses. Within sixty (60) days prior to the beginning of each calendar year, or such other fiscal year as the Board may adopt, the Board: shall estimate the charges including Common Expenses, and any special charges for particular Units to be paid during such year; shall make provision for creating, funding and maintaining reasonable reserves for contingencies and operations, as well,as for maintenance, repair, replacement and acquisition of Common Elements; and shall take into account any expected income and any surplus available from the prior year's operating fund. Without limiting the generality of the foregoing but in furtherance thereof, the Board shall create and maintain from regular monthly Assessments a reserve fund for replacement of those Common Elements 1 F:\WPDATA\CDOC\1920\192404.DEC 23 7/28/95 (3:14pm) which can reasonably be expected to require replacement or a major repair prior to the end of the useful life of the Buildings. The Board shall calculate the contributions to said reserve fund so that there are sufficient funds therein to replace, or perform such major repair, to each Common Element covered by the fund at the end of the estimated useful life of each such Common Element. The initial Board, whether elected by Declarant or elected by Unit Owners, may at any suitable time establish the first such estimate. If the sum estimated and budgeted at any time proves inadequate for any reason (including non-payment for any reason of any Owner's Assessment), the Board may at any time levy a further Assessment, which shall be assessed to the Owners according to Section 12.4. Similarly, if the sum estimated and budgeted, and being collected and/or already collected, at any time proves excessive, the Board may reduce the amount being assessed and/or apply existing funds (in excess of current needs and required reserves) against future Assessments and/or refund such excess funds. 12.2 Payment by Owners. Each Owner shall be obligated to pay its share of Common Expenses and special charges made pursuant to this Article to the treasurer for the Association in equal monthly installments on or before the first day of each month during such year, or in such other reasonable manner as the Board shall designate. No Owner may exempt himself from liability for payment of assessments for any reason, including waiver of use or enjoyment of any of the Common Elements or abandonment of the Owner's Unit. 12.3 Commencement of Assessments. The Declarant in the exercise of its reasonable discretion shall determine when the Association shall commence making Assessments; provided, that in all events Assessments shall commence on a date within 60 days the date on which seventy-five percent (75%) of the Units which may be created have been conveyed to Owners (other than Declarant or an Affiliate of Declarant). Until the Association makes an Assessment, the Declarant shall pay all Common Expenses. After any Assessment has been made by the Association, Assessments must be made against all Units, based on a budget adopted by the Association; provided, until a date within 60 days after the date on which seventy-five percent (75%) of the Units which may be created have been conveyed to Owners (other than Declarant or an Affiliate of Declarant): (a) the Board (whether. elected by Declarant or elected by Unit Owners) may elect not to collect monthly assessments calculated as provided in Section 12.1 and instead elect to collect and expend monthly assessments based on the actual costs of maintaining, repairing, operating and insuring the Common Areas; or (b) the Declarant may elect to pay all of certain of such actual costs and have Unit Owners pay a pro-rata share (based on each Unit's Allocated Interest) of the remainder of such costs. 12.4 Allocated Liability. Except for Assessments under Sections 12.5, 12.6, 12.7 and 12.8, all Common Expenses must be assessed against all the Units in accordance with the allocations set forth in Exhibit B. Any past due Common Expense Assessment or installment thereof bears interest at the rate established by the Association pursuant to Section 12.12.11. 12.5 Limited Common Element. Any Common Expense associated with the operation, maintenance, repair, or replacement of a Limited Common Element shall be paid by the Owner of or assessed against the Units to which that Limited Common Element is assigned, equally. 12.6 Only Some Units Benefitted. The Board may elect that any Common Expense or portion thereof benefiting fewer than all of the Units must be assessed exclusively against the Units benefitted. F:\WPDATA\CDOC\1920\192404.DEC 24 7/28/95 (3:14pm) 12.7 Insurance Costs. The Board may elect that the costs of insurance must be assessed in proportion to risk. 12.8 Utility Costs. The Board may elect that the costs of utilities must be assessed in proportion to usage. 12.9 Assessments for Judgment. Assessments to pay a judgment against the Association pursuant to RCW 64.34.368(1) may be made only against the Units in the Condominium at the time the judgment was entered in proportion to their Allocated Common Expense Liabilities at the time the judgment was entered. 12.10 Owner Misconduct. To the extent that any Common Expense is caused by the misconduct of any Unit Owner, the Association shall assess that expense against the Owner's Unit. 12.11 Reallocation. If Common Expense Liabilities are reallocated, Common Expense Assessments and any installment thereof not yet due shall be recalculated in accordance with the reallo- cated Common Expense Liabilities. 12.12 Lien For Assessments 12.12.1 Lien. The Association has a lien on a Unit for any unpaid Assessments levied against a Unit from the time the Assessment is due. 12.12.2 Priority. A lien under Section 12.12 shall be prior to all other liens and encumbrances on a Unit except: (a) liens and encumbrances recorded before the recording of the Declaration; (b) a Mortgage on the Unit recorded before the date on which the Assessment sought to be enforced became delinquent; and (c) liens for real property taxes and other governmental assessments or charges against the Unit. 12.12.3 Mortgage Priority. Except as provided in Sections 12.12.4 and 12.12.5, the lien shall also be prior to the Mortgages described in Section 12.12.2(b) to the extent of Assessments for Common Expenses, excluding any amounts for capital improvements, based on the periodic budget adopted by the Association pursuant to Section 12.1, which would have become due during the six months immediately preceding the date of the sheriff's sale in an action for judicial foreclosure by either the Association or a Mortgagee, the date of a trustee's sale in a non judicial foreclosure by a Mortgagee, or the date of recording of the Declaration of forfeiture in a proceeding by the vendor under a real estate contract. 12.12.4 Mortgagee Notice. The priority of the Association's lien against Units encumbered by a Mortgage held by an Eligible Mortgagee or by a Mortgagee which has given the Asso- ciation a written request for a notice of delinquent Assessments shall be reduced by up to three months if and to the extent that the lien priority under Section 12.12.3 includes delinquencies which relate to a period after such holder becomes an Eligible Mortgagee or has given such request for notice and before the Association gives the holder a written notice of the delinquency. This Section does not affect the priority of mechanics' or materialmen's liens, or the priority of liens for other Assessments made by the Association. 12.12.5 Recording as Notice. Recording of the Declaration constitutes record notice and perfection of the lien for Assessments. While no further recording of any claim of lien for Assessment F:\WPDATA\CDOC\1920\192404.DEC 25_ 7/28/95 (3:14pm) under this section shall be required to perfect the Association's lien, the Association may record a notice of claim of lien for Assessments under this Section in the real property records of any county in which the Condominium is located. Such recording shall not constitute the written notice of delinquency to a Mortgagee referred to in Section 12.12.3. 12.12.6 Limitation on Action. A lien for unpaid Assessments and the personal liability for payment of Assessments is extinguished unless proceedings to enforce the lien or collect the debt ; are instituted within three years after the amount of the Assessments sought to be recovered becomes due. 12.12.7 Foreclosure. The lien arising under Section 12.12 may be enforced judicially by the Association or its authorized representative in the manner set forth in chapter 61.12 RCW. The Association or its authorized representative shall have the power to purchase the Unit at the foreclosure sale and to acquire, hold, lease, mortgage, or convey the same. Upon an express waiver in the complaint of any right to a deficiency judgment in a judicial foreclosure action, the period of redemption shall be eight months. Nothing in this Section shall prohibit an Association from taking a deed in lieu of foreclosure. 12.12.8 Receiver. From the time of commencement of an action by the Association to ` 2 foreclose a lien for nonpayment of delinquent Assessments against a Unit that is not occupied by the Owner thereof, the Association shall be entitled to the appointment of a receiver to collect from the lessee thereof the rent for the Unit as and when due. If the rental is not paid,,the receiver may obtain possession of the Unit, refurbish it for rental up to a reasonable standard for rental units in this type of Condominium, rent the Unit or permit its rental to others, and apply the rents first to the cost of the receivership and attorneys' fees thereof, then to the cost of refurbishing the Unit, then to applicable charges, then to costs, fees, and charges of the foreclosure action, and then to the payment of the delinquent Assessments. Only a receiver may take possession and collect rents under this section, and a receiver shall not be appointed less than ninety days after the delinquency. The exercise by the Association of the foregoing rights shall not affect the priority of preexisting liens on the Unit. 12.12.9 Mortgagee Liability. Except as provided in Section 12.12.3, the holder of a Mortgage or other Purchaser of a Unit who obtains the right of possession of the Unit through foreclosure shall not be liable for Assessments or installments thereof that became due prior to such right of possession. Such unpaid Assessments shall be deemed to be Common Expenses collectible from all the Unit Owners, including such Mortgagee or other purchaser of the Unit. Foreclosure of a Mortgage does not relieve the prior Owner of personal liability for Assessments accruing against the Unit prior to the date of such sale as provided in this Section. 12.12.10 Lien Survives Sale. The lien arising under Section 12.12 shall not be affected by the sale or transfer of the subject Unit except in the event of sale through foreclosure, as provided in Section 12.12.9. 12.12.11 Owner Liability. In addition to constituting a lien on the Unit, each Assessment shall be the joint and several obligation of the Owner or Owners of the Unit to which the same are assessed as of the time the Assessment is due. In a voluntary conveyance the grantee of a Unit shall be jointly and severally liable with the grantor for all unpaid Assessments against the latter up to the time of the grantor's conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. Suit to recover a personal judgment for any delin- F:\WPDATA\CDOC\1920\192404.DEC 26 • 7/28/95 (3:14pm) quent Assessment shall be maintainable in any court of competent jurisdiction without foreclosing or waiving the lien securing such sums. 12.12.12 Late Charges. The Association may from time to time establish reasonable late charges and a rate of interest to be charged on all subsequent delinquent Assessments or installments thereof. In the absence of another established nonusurious rate, delinquent Assessments shall bear interest from the date of delinquency at the maximum rate permitted under RCW 19.52.020 on the date on which the Assessments became delinquent. 12.12.13 Attorney's Fees. The prevailing party shall be entitled to recover any costs and reasonable attorneys' fees incurred in connection with the collection of delinquent Assessments, whether or not such collection activities result in suit being commenced or prosecuted to judgment. In addition, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees if it prevails on appeal and in the enforcement of a judgment. 12.12.14 Assessment Certificate. The Association, upon written request, shall furnish to a Unit Owner or a Mortgagee a statement signed by an officer or authorized agent of the Association setting forth the amount of unpaid Assessments against that Unit. The statement shall be furnished within fifteen days after receipt of the request and is binding on the Association, the Board, and every Unit Owner, unless and to the extent known by the recipient to be false. 12.13 Acceleration of Assessments. In the event any monthly Assessment or special charge attributable to a particular Unit remains delinquent for more than sixty (60) days, the Board may, upon fifteen (15) days' written notice to the Owner of such Unit, accelerate and demand immediate payment of all, or such portion as the Board determines, of the monthly Assessments and special charges which the Board reasonably determines will become due during the next succeeding twelve (12) months with respect to such Unit. 12.14 Delinquent'Assessment Deposit: Working Capital 12.14.1 Delinquent Assessment Deposit. (a) A Unit Owner may be required by the Board or by the Manager, from time to time, to make and maintain a deposit not less than one (1) month nor in excess of three (3) months estimated monthly Assessment and charges, which may be collected as are other Assessments and charges. Such deposit shall be held in a separate fund, be credited to the Unit owned by such Owner, and be for the purpose of establishing a reserve for delinquent Assessments. (b) Resort may be had thereto at any time when such owner is ten (10) days or ' more delinquent in paying his monthly or other Assessments and charges. Said deposits shall not be considered as advance payments of regular Assessments. In the event the Board should draw,upon said deposit as a result of a Unit Owner's delinquency in payment of any Assessments, said Owner shall con- tinue to be responsible for the immediate and full payment of said delinquent Assessment (and all penalties and costs thereon) and thus the full restoration of said deposit, and the Board shall continue to have all of the rights and remedies for enforcing such Assessment payment and deposit restoration as provided by this Declaration and by law. (c) Upon the sale of a Unit, the seller/Owner thereof shall not be entitled to a refund from the Association of any deposit or reserve account made or maintained with respect to such F:\WPDATA\CDOC\1920\192404.DEC 27 7/28/95 (3:14pm) Unit pursuant to this or any other Section of this Declaration; rather, any such deposit or reserve account shall continue to be held by the Association for the credit of such Unit, and the Unit Purchaser shall succeed to the benefit thereof, and the Unit seller shall be responsible for obtaining from the Purchaser appropriate compensation therefor. • 12.14.2 Working Capital Contribution. The first Purchaser of any Unit shall pay to the Association, in addition to other amounts due, an amount equal to two (2) months of monthly • Assessments as a contribution to the Association's working capital. Such working capital contributions shall not be used to defray Declarant's expenses in completing the construction of the Condominium, or to pay Declarant's contributions to Association reserves. Upon the election of the first Board by Unit Owners other than Declarant, Declarant shall pay to the Association as a working capital contribution an amount equal to two (2) months of monthly Assessments for each of the Units then owned by Declarant. When a Unit owned by Declarant is sold, Declarant may apply funds collected at closing. from the Purchaser to reimburse itself for funds paid to the Association for such contribution with respect to that Unit. Article 13 INSURANCE 13.1 In General. Commencing not later than the time of the first conveyance of a Unit to a - - person other than a Declarant, the Association shall maintain, to the extent reasonably available: 13.1.1 Property insurance on the Condominium, which may, but need not, include equipment, improvements, and betterments in a Unit installed by the Declarant or the Unit Owners, insuring against all risks of direct physical loss commonly insured against. The total amount of insurance after application of any deductibles shall not be less than one hundred percent of the actual cash value of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies; and 13.1.2 Liability insurance, including medical payments insurance, in an amount determined by the Board but not less than One Million Dollars, covering all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the Common Elements. 13.1.3 Workmen's compensation insurance to the extent required by applicable laws. 13.1.4 Fidelity bonds naming the members of the Board, the Manager and its employees and such other persons as may be designated by the Board as principals and the Association as obligee, in at least an amount equal to three months aggregate Assessments for all Units plus reserves, in the custody of the Association or Manager at any given time during the term of each bond. Such fidelity bonds shall contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definitions of "employee" or similar expression. 13.1.5 Insurance against loss of personal property of the Association by fire, theft and other losses with deductible provisions as the Board deems advisable. F:\WPDATA\CDOC\1920\192404.DEC 28 7/28/95 (3:14pm) 13.1.6 Such other insurance (including directors and officers liability) as the Board deems advisable; provided, that notwithstanding any other provisions herein, the Association shall continuously maintain in effect such casualty, flood and liability insurance and a fidelity bond meeting • the insurance and fidelity bond requirements for condominium projects established by Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Veteran's Administration, or other governmental or quasi-governmental agencies involved in the secondary mortgage market, so long as any such agency is a Mortgagee or Owner of a Unit within the project, except to the extent such coverage is not available or has been waived in writing by such agency. 13.2 Coverage Not Available. .If the insurance described in Section 13.1 is not reasonable available, or is modified, canceled, or not renewed, the Association promptly shall cause notice of that fact to be hand delivered or sent prepaid by first class United States mail to all Unit Owners, to each Eligible Mortgagee, and to each Mortgagee to whom a certificate or memorandum of insurance has been issued at their respective last known addresses. The Association in any event may carry any other insurance it deems appropriate to protect the Association or the Unit Owners. • 13.3 Required Provisions. Insurance policies carried pursuant to this Article shall: 13.3.1 Provide that each Unit Owner is an insured person under the policy with respect to liability arising out of the Owner's interest in the Common Elements or membership in the Asso- ciation; 13.3.2 Provide that the insurer waives its right to subrogation under the policy as to any and all claims against the Association, the Owner of any Unit and/or their respective agents, employees or tenants, and members of their household, and of any defenses based upon co-insurance or upon invalidity arising from the acts of the insured; 13.3.3 Provide that no act or omission by any Unit Owner, unless acting within the scope of the Owner's authority on behalf,of the Association, nor any failure of the Association to comply with any warranty or condition regarding any portion of the premises over which the Association has no direct control, will void the policy or be a condition to recovery under the policy; and 13.3.4 Provide that if, at the time of a loss under the policy, there is other insurance in the name of a Unit Owner covering the same risk covered by the policy, the Association's policy pro- vides primary insurance, and that the liability of the insurer thereunder shall not be affected by, and the insurer shall not claim any right of set-off, counterclaims, apportionment, proration, contribution or assessment by reason of, any other insurance obtained by or for any Unit Owner or any Mortgagee; 13.3.5 Provide that, despite any provision giving the insurer the right to restore damage in lieu of a cash settlement, such option shall not be exercisable without the prior written approval of the Association, or when in conflict with the provisions of any insurance trust agreement to which the Association is a party, or any requirement of law; 13.3.6 Contain no provision (other than insurance conditions) which will prevent Mort- gagees from collecting insurance proceeds; and 13.3.7 Contain, if available, an agreed amount and Inflation Guard Endorsement. F:\WPDATA\CDOC\1920\192404.DEC 29_ 7/28/95 (3:14pm) i- • 13.4 Claims Adjustment. Any loss covered by the property insurance under this Article must be adjusted with the Association, but the insurance proceeds for that loss are payable to any insurance trustee designated for that purpose, or otherwise to the Association, and not to any holder of a Mortgage. The insurance trustee or the Association shall hold any insurance proceeds in trust for Unit Owners and lienholders as their interests may appear. Subject to the provisions of Article 14, the proceeds must be disbursed first for the repair or restoration of the damaged property, and Unit Owners and lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored or the Condominium is terminated. 13.5 Owner's Additional Insurance. An insurance policy issued to the Association does not prevent a Unit Owner from obtaining insurance for the Owner's own benefit. 13.6 Certificate. An insurer that has issued an insurance policy under this Article shall issue certificates or memoranda of insurance to the Association and, upon written request, to any Unit Owner or holder of a Mortgage. The insurer issuing the policy may not modify the amount or the extent of the coverage of the policy or cancel or refuse to renew the policy unless the insurer has complied with all applicable provisions of Chapter 48.18 RCW pertaining to the cancellation or nonrenewal of contracts of insurance. The insurer shall not modify the amount or the extent of the coverage of the policy, or cancel or refuse to renew the policy, without complying with the requirements of the Act. 13.7 Notification on Sale of Unit. Promptly upon the conveyance of a Unit, the new Unit Owner shall notify the Association of the date of the conveyance and the Unit Owner's name and add- ress. The Association shall notify each insurance company that has issued an insurance policy to the Association for the benefit of the Owners under Article 13 of the name and address of the new Owner and request that the new Owner be made a named insured under such policy. Article 14 DAMAGE OR DESTRUCTION; RECONSTRUCTION 14.1 Definitions: Significant Damage: Repair: Emergency Work. ;. 14.1.1 As used in this Article, the term "Significant Damage" means damage or destruction, whether or not caused by casualty, to any part of the Property which the Board is respon- sible to maintain or repair: (a) for which funds are not available in the maintenance and repair or contingency budget of the Association to make timely repairs; and (b) which has a significant adverse impact on the habitability of any Unit or the ability of an Owner or Owners to use the Property or any significant portion of the Property for its intended purpose. 14.1.2 As used in this Article, the term "Repair" means to repair, reconstruct, rebuild or restore the Building or improvements which suffered Significant Damage to substantially the same condition in which they existed prior to the damage or destruction, with each Unit and the Common and Limited Common Elements having substantially the same vertical and horizontal boundaries as before. Modifications to conform to then applicable governmental rules and regulations or available means of construction may be made. F:\WPDATA\CDOC\1920\192404.DEC 30 7/28/95 (3:14pm) 14.1.3 As used in this Article, the term "Emergency Work" shall mean that work which the Board deems reasonably necessary to avoid further damage, destruction or substantial diminution in value to the improvements and to reasonably protect the Owners from liability arising out of the condition of the Property. 14.2 Initial Board Determinations. In the event of Significant Damage to any part of the Condominium, the Board shall promptly, and in all events within thirty (30) days after the date of Significant Damage, or, if the Significant Damage did.not occur at a particular identifiable time, after the date of its discovery, make the following determinations with respect thereto employing such advice as the Board deems advisable: 14.2.1 The nature and extent of the Significant Damage, together with an inventory of the improvements and property directly affected thereby. 14.2.2 A reasonably reliable estimate of the cost to Repair the Significant Damage, which estimate shall, if reasonably practicable, be based upon a firm bid obtained from a responsible contractor. 14.2.3 The anticipated insurance proceeds, if any, to be available from insurance covering the loss based on the amount paid or initially offered by the insurer. 14.2.4 The amount, if any, that the estimated cost of Repair exceeds the anticipated insurance proceeds therefor and the amount of Assessment to each Unit if such excess was paid as a Common Expense and specially assessed against all the Units in proportion to their Allocated Interest in the Common Elements. 14.2.5 The Board's recommendation as to whether such Significant Damage should be Repaired. 14.3 Notice of Damage or Destruction. The Board shall promptly, and in all events within thirty (30) days after the date of Significant Damage, provide each Owner, and each first Mortgagee with a written notice summarizing the initial Board determination made under Section 14.2. If the Board fails to do so within said thirty (30) days, then any Owner or Mortgagee may make the determination required under Section 14.2 and give the notice required under this Section. 14.4 General Provisions. 14.4.1 Duty to Restore. Any portion of the Condominium for which insurance is required under this Article which is Significantly Damaged shall be Repaired promptly by the Associa- tion unless: (a) the Condominium is terminated; (b) Repair would be illegal under any state or local health or safety statute or ordinance; or (c) eighty percent of the Unit Owners, including every Owner }, ' of a Unit or assigned Limited Common Element which will not be Repaired, vote not to Repair. Even LJ if the Significant Damage is not to be Repaired, the Board shall still have authority to perform Emergency Work. The cost of Repair in excess of insurance proceeds and reserves is a Common Expense. 14.4.2 Damage not Restored. If all or any portion of the damaged portions of the Condominium are not Repaired (regardless of whether such damage is Significant): (a) the insurance proceeds attributable to the damaged Common Elements shall be used to restore the damaged area to' F:\WPDATA\CDOC\1920\192404.DEC 31 7/28/95 (3:14pm) - a condition compatible with the remainder of the Condominium; (b) the insurance proceeds attributable to Units and Limited Common Elements which are not Repaired shall be distributed to the Owners of those Units and the Owners of the Units to which those Limited Common Elements were allocated, or to lienholders, as their interests may appear; and (c) the remainder of the proceeds shall be distributed to all the Unit Owners or lienholders, as their interests may appear, in proportion to the Common Element interests of all the Units. • 14.4.3 Reallocation. If the Unit Owners vote not to Repair any Unit, that Unit's (. Allocated Interests are automatically reallocated upon the vote as if the Unit had been condemned under Article 15, and the Association promptly shall prepare, execute, and record an amendment to the Declaration reflecting the reallocations. 14.5 Restoration by Board 1 If the damage (regardless of whether such damage is Significant) is to be Repaired pursuant to Section 14.4, then: 14.5.1 Contract and Contractors. The Board shall have the authority to employ architects and attorneys, advertise for bids, let contracts to contractors and others, and to take such ' other action as is reasonably necessary to effectuate the Repair and Restoration. Contracts for such repair and restoration shall be awarded when the Board, by means of insurance proceeds and sufficient Assessments, has provision for the cost thereof. The Board may further authorize the insurance carrier to proceed with Repair upon satisfaction of the Board that such work will be appropriately carried out. 14.5.2 Insurance Trustee. The Board may enter into a written agreement in recordable form with any reputable financial institution or trust or escrow company that such firm or institution shall act as an insurance trustee to adjust and settle any claim for a loss in excess of Fifty Thousand Dollars ($50,000), or for such firm or institution to collect the insurance proceeds and carry out the provisions of this Article. 14.6 Decision to Terminate. In the event of a decision to terminate the Condominium and not _ to Repair and Restore damage and destruction, the Board may nevertheless expend such of the insurance proceeds and funds of the Association as the Board deems reasonably necessary for Emergency Work (which Emergency Work may include but is not necessarily limited to removal of the damaged or destroyed buildings and clearing, filling and grading the real property), and the remaining funds, if any, and Property shall thereafter be held and distributed as provided in_RCW 64.34.268. Article 15 CONDEMNATION 15.1 In General. If a Unit is acquired by condemnation, or if part of a Unit is acquired by condemnation leaving the Unit Owner with a remnant of a Unit which may not practically or lawfully be used for any purpose permitted by the Declaration, the award must compensate the Unit Owner for the Owner's Unit and its appurtenant interest in the Common Elements, whether or not any Common Elements are acquired. Upon acquisition, unless the decree otherwise provides, that Unit's Allocated Interests are automatically reallocated to the remaining Units in proportion to the respective Allocated Interests of those Units before the taking, and the Association shall promptly prepare, execute, and F:\WPDATA\CDOC\1920\192404.DEC 32 7/28/95 (3:14pm) • record an amendment to the Declaration reflecting the reallocations. Any remnant of a Unit remaining after part of a Unit is taken under this section is thereafter a Common Element. 15.2 Partial Unit Condemnation. Except as provided in Section 15.1, if part of a Unit is acquired by condemnation, the award must compensate the Unit Owner for the reduction in value of the Unit and its appurtenant interest in the Common Elements, whether or not any Common Elements are acquired. Upon acquisition, unless the decree otherwise provides: (a) That Unit's Allocated Interests are reduced in proportion to the reduction in the size of the Unit, and (b) the portion of the Allocated Interests divested from the partially acquired Unit are automatically reallocated to that Unit and the remaining Units in proportion to the respective Allocated Interests of those Units before the taking, with the partially acquired Unit participating in the reallocation on the basis of its reduced allocated interests. 15.3 Common Element Condemnation. If part of the Common Elements is acquired by condemnation the portion of the award attributable to the Common Elements taken shall be paid to the Owners based on their respective interests in the Common Elements. Any portion of the award attributable to the acquisition of a Limited Common Element must be equally divided among the Owners of the Units to which that Limited Common Element was allocated at the time of acquisition. 15.4 Recording of Judgment. The court judgment shall be recorded in every county in which any portion of the Condominium is located. 15.5 Association to Represent Owners. The Association shall represent the Unit Owners in any proceedings, negotiations, settlements or agreements regarding a condemnation of any part of the Condominium, and any condemnation proceeds shall be payable to the Association for the benefit of the Owners of affected Units and their Mortgagees. Should the Association not act on the Owners' behalf in a condemnation process, the affected Owners may individually or jointly act on their own behalf. Article 16 COMPLIANCE WITH DECLARATION 16.1 Enforcement. Each Owner shall comply strictly with the provisions of this Declaration, the Bylaws and administrative rules and regulations passed hereunder, as the same may be lawfully amended from time to time, and with all decisions adopted pursuant to this Declaration, the Bylaws and administrative rules and regulations. Failure to comply shall be grounds for an action to recover sums due for damages, or injunctive relief, or both, maintainable by the Board (acting through its officers on behalf of the Owners), or by the aggrieved Owner on his own against the party (including an Owner or the Association) failing to comply. 16.2 No Waiver of Strict Performance. The failure of the Board in any one or more instances to insist upon the strict performance of this Declaration, of the Bylaws, or to exercise any right or option contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall remain_in full force and effect. The receipt by the Board of any assessment from an Owner, with knowledge of any such breach shall not be deemed a waiver of such breach, and no waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board. • F:\WPDATA\CDOC\1920\192404.DEC 33 7/28/95 (3:14pm) Article 17 LIMITATION OF LIABILITY 17.1 Liability for Utility Failure, Etc. Except to the extent covered by insurance obtained by the Board pursuant to Article 13, neither the Association nor the Board nor the Manager shall be liable for: any failure of any utility or other service to be obtained and paid for by the Board; or for injury or damage to person or property caused by the elements, or resulting from electricity, noise, smoke, water, rain (or other liquid), dust or sand which may leak or flow from outside or from any parts of the buildings, or from any of its pipes, drains, conduits, appliances, or equipment, or from any other places; or for inconvenience or discomfort resulting from any action taken to comply with any law, ordinance or orders of a governmental authority. No diminution or abatement of Assessments shall be claimed or allowed for any such utility or service failure, or for such injury or damage, or for such inconvenience or discomfort. 17.2 No Personal Liability. So long as a Board member, Association committee member, or Association officer has in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no such person shall be personally liable to any Owner, or other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence (except gross negligence) including, any discretionary decision, or failure to make a discretionary decision, by such person in such person's official capacity; provided, that this Section shall not apply where the consequences of such act, omis- sion, error or negligence are covered by insurance obtained by the Board pursuant to Article 13. 17.3 Indemnification of Board Members. Each Board member or Association committee member, or Association officer, shall be indemnified by the Association against all expenses and liabil- ities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he may be a party, or in which he may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty of intentional misconduct, or gross negligence or a knowing violation of the law in the performance of his duties and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property or services to which said person is not legally entitled. Provided, that, in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interest of the Association. Article 18 MORTGAGEE PROTECTION 18.1 Change in Manager. In the event that professional management is employed by the Association, at least thirty (30) days' notice of any contemplated change in the professional manager shall be given to any Eligible Mortgagee. The Association shall not elect to terminate professional management and assume self-management without the prior written approval of sixty-seven percent (67%) of the Owners and fifty-one percent (51%) of all Eligible Mortgagees; provided that such prior consent shall not be required to change from one professional manager to another professional manager. 18.2 Abandonment of Condominium Status. Except when acting pursuant to the provisions of the Act involving damage, destruction, or condemnation, the Association shall not: without prior F:\WPDATA\CDOC\1920\192404.DEC 34 7/28/95 (3:14pm) (r -, written approval of sixty-seven percent (67%) of all Eligible Mortgagees and sixty-seven percent (67%) of the Owners of record of the Units, seek by act or omission to: abandon or terminate the condominium status of the project; or abandon, encumber, sell or transfer any of the Common Elements. 18.3 Partitions and Subdivision. The Association shall not combine nor subdivide any Unit or the appurtenant Limited Common Elements, nor abandon, partition, subdivide, encumber or sell any Common Elements, or accept any proposal so to do, without the prior written approval of fifty-one percent (51%) of all Eligible Mortgagees and sixty-seven percent (67%) of Owners of record of the Units, and without unanimous approval of the Eligible Mortgagee(s) and Owner(s) of the Unit(s), so affected. 18.4 Change in Percentages. The Association shall not make any Material Amendment (as defined in Section 21.7) to this Declaration or Bylaws (including changes in the percentages of interest in the Common Elements) without the prior written approval of fifty-one percent (51%) of all Eligible Mortgagees and sixty-seven percent(67%) of all Owners of record of the Units, and without unanimous approval of the Eligible Mortgagee(s) and Owner(s) of the Unit(s) for which the percentage(s) would be changed. 18.5 Copies, of Notices. A Mortgagee of a Unit (and any insurer or guarantor of such Mortgage) shall be entitled to receive timely written notice: (a) that the Owner/Mortgagor of the Unit has for more than sixty (60) days failed to meet any obligation under the Condominium documents; (b) of all meetings of the Association and be permitted to designate a representative to attend all such meetings; (c) of any condemnation loss or casualty loss affecting a material portion of the Property or j the Unit on which it holds a Mortgage; (d) of any lapse, cancellation or material modification of insur- ance policies or fidelity bonds maintained by the Association; and (e) of any proposed action that requires the consent of a.specified percentage of Mortgagees. To be entitled to receive notices under this Section 18.5, the Mortgagee (or Mortgage insurer or guarantor) must send a written request to the Association stating both its name and address and the Unit number or address of the Unit on which it has (or insures or guaranties) the Mortgage. 18.6 Effect of Declaration Amendments. No amendment of this Declaration shall be effective to modify change, limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied Mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such Mortgage. Any provision of this Declaration conferring rights upon Mortgagees which is inconsistent with any other provision of said Declaration or the Bylaws shall control over such other inconsistent provisions. 18.7 Insurance • • 18.7.1 Board Duties. With respect to a first Mortgagee of a Unit, the Board shall: (a) Cause any insurance carrier to include in the insurance policy a standard mortgage clause, naming any mortgagee who makes written request to the Board to be so named; l (b) Furnish any such Mortgagee with a copy of any insurance policy or evidence thereof which is intended to cover the Unit on which such Mortgagee has a lien; • F:\WPDATA\CDOC\1920\192404.DEC 35 7/28/95 (3:14pm) (c) Require any insurance carrier to give the Board and any and all insured (including such Mortgagees) at least thirty (30) days' written notice before canceling, reducing the coverage or limits, or otherwise substantially modifying any insurance with respect to the Property on which the Mortgagee has a lien (including cancellation for a premium non-payment); (d) Not make any settlement of any insurance claims for loss or damage to any ' such Unit, Common or Limited Common Element exceeding Five Thousand Dollars ($5,000) without 1.- the approval of such Mortgagee; provided, that the withholding of such approval shall not be unreason- able or in conflict with the provisions of Article 14; (e) Give such Mortgagee written notice of any loss or taking affecting Common Elements, if such loss or taking exceeds Ten Thousand Dollars ($10,000); • (f) Give such Mortgagee written notice of any loss, damage or taking affecting any Unit or Limited Common Elements in which it has an interest, if such loss, damage or taking exceeds One Thousand Dollars ($1,000); 18.7.2 Additional Policy Provisions. In addition, the insurance policy acquired shall: (a) Provide that any reference to a Mortgagee in such policy.shall mean and include any holders.of Mortgages of any Unit or Unit lease, in their respective order and preference, whether or not named therein; (b) Provide that such insurance as to the interest of any Mortgagee shall not be invalidated by any act or neglect of the Board or Unit Owners or any persons claiming under any of them; r-, (c) Waive any provision invalidating such Mortgage clause by reason of: the failure of any Mortgagee to notify the insurer of any hazardous use or vacancy; any requirement that the Mortgagee pay any premium thereon; and any contribution clause. 18.8 Inspection of Books. Owners, Mortgagees, insurers and guarantors of any Mortgage on any Unit shall be entitled: to inspect at all reasonable hours of weekdays (or under other reasonable ,'. circumstances) all of the books and records of the Association including current copies of this Declaration,Bylaws and other rules governing the Condominium, and other books, records and financial statements of the Association (within a reasonable time following request); and, upon written request of any holder, insurer or guarantor of a first Mortgage at no cost to the party so requesting (or if this project contains fewer than fifty (50) Units, upon the written request of the holders of fifty-one percent (51%) or more of first Mortgages at their expense if an audited statement is not otherwise available), to receive an annual audited financial statement of the Association within ninety (90) days following the end of any fiscal year of the Association. Article 19 EASEMENTS 19.1 General. It is intended that in addition to rights under the Act, each Unit has an easement in and through each other Unit and the Common and Limited Common Elements for all support ele- ments and utility, wiring, heat and service elements, and for reasonable access thereto, as required to F:\WPDATA\CDOC\1920\192404.DEC 36 7/28/95 (3:14pm) effectuate and continue proper operation of this Condominium plan. Without limiting the generality of the foregoing, each Unit and all Common and Limited Common Element is specifically subject to an easement for the benefit of each of the other Units in the Condominium for all duct work for the several Units, and for heating, ventilation, air conditioning and fireplaces and associated flues or chimneys. In addition, each Unit and all the Common and Limited Common Elements is specifically subject to easements as required for the intercom, security and electrical entry system, if any, for the electrical wiring and plumbing, for the air conditioning lines and equipment, if any, for each Unit, for the vacuum system roughed-in in each Unit, if any, and for the master antenna cable system, if any. Finally, each Unit as it is constructed is granted an easement to which each other Unit and all Common and Limited Common Element is subject to the location and maintenance of all the original equipment and facilities and utilities for such Unit. The specific mention or reservation of any easement in this Declaration does not limit or negate the general easement for Common Elements reserved by law. 19.2 Utility. Etc.. Easements. The Board, on behalf of the Association and all members thereof, shall have authority to grant utility, road and similar easements, licenses and permits under, through or over the Common Elements, which easements the Board determines are reasonably necessary to the ongoing development and operation of the Property. 19.3 Association Functions. There is hereby reserved to Declarant and the Association, or their duly authorized agents and representatives, such easements.as are necessary, for emergency repairs and/or to perform the duties and obligations of the Association as are set forth in this Declaration, or in the Bylaws, and the Association Rules. 19.4 Encroachments. Each Unit and all Common and Limited Common Element is hereby declared to have an easement over all adjoining Units and Common and Limited Common Element, for the purpose of accommodating any encroachment due to engineering errors, or errors in original construction, reconstruction, repair of any portion of the Building, or any other similar cause, and any _ encroachment due to building overhang or projection. There shall be valid easements for the maintenance of said encroachments so long as they shall exist, and the rights and obligations of Owners • shall not be altered in any way by said encroachment; provided, however, that in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the willful act or acts with full knowledge of said Owner or Owners. In the event a Unit or Common or Limited Common Element is partially or totally destroyed, and then repaired or rebuilt, the Owners agree that minor encroachments over adjoining Units and Common and Limited Common Elements shall be permitted, and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. The foregoing encroachments shall not be construed to be encumbrances affecting the marketability of title to any Unit. The provisions of this Section 19.4 are intended to supplement Sections 4.2 and RCW 64.32.252 and, in the event of any conflict, the • r provisions of Section 4.2 and RCW 64.34.252 shall control. Article 20 PROCEDURES FOR SUBDIVIDING OR COMBINING 20.1 Procedure. Subdivision and/or combining of any Unit or Units, are authorized as follows: 20.1.1 Owner Proposal. Any Owner of any Unit or Units may propose any subdividing or combining of any Unit or Units, and appurtenant Common Elements or Limited Common Elements in writing, together with complete plans and specifications for accomplishing the same and a proposed F:\WPDATA\CDOC\1920\192404-DEC 37 _ 7/28/95 (3:14pm) amendment to this Declaration, the Survey Map and Plans covering such subdividing or combining, to the Board,'which shall then notify all other Unit Owners of the requested subdivision or combination. 20.1.2 Owner/Mortgagee Approval. Upon written approval of such proposal by sixty- seven percent (67%) of the Owners and sixty-seven percent (67%) of the Eligible Mortgagees, and of all Eligible Mortgagee(s) and Owner(s) of the Unit(s) to be combined or subdivided, the Owner(s) making the proposal may proceed according to such plans and specifications; provided that the Board may in its discretion (but it is not mandatory that the Board exercise this authority) require that the 4, Board administer the work or that provisions for the protection of other Units or Common Elements or reasonable deadlines for completion of the work be inserted in the contracts for the work. 20.1.3 Survey Map and Plans. The changes in the Survey Map, if any, and the changes in the Plans and Declaration shall be placed of record as amendments to the Survey Map, Plans, and Declaration of Condominium in accordance with.the provisions of Article 21. 20.1.4 Allocated Interests. The Allocated Interests formerly allocated to the subdivided Unit shall be reallocated to the new Units in any reasonable and equitable manner prescribed by that : Owner of the subdivided Unit. The Allocated Interests of the new Unit resulting from a combination of Units shall be the aggregate of the Allocated Interests formerly allocated to the Units being combined. Article 21 AMENDMENT OF DECLARATION, SURVEY MAP, PLANS 21.1 In General. Except in cases of amendments that may be executed by a Declarant (in the exercise of any Development Right), the Association (in connection with Sections 4.3 or 7.2.3, Articles 15 or 20, or termination of the Condominium), or certain Unit Owners (in connection with Sections 4.3 or 7.2.3, or Article 20, or termination of the Condominium), and except as limited by Section 21.4, the Declaration, including the Survey Maps and Plans, may be amended only by vote or agreement of Owners of Units to which at least sixty-seven percent (67%) of the votes in the Association are allocated. 21.2 Challenge to Validity. No action to challenge the validity of an amendment adopted by the Association pursuant to this Article may be brought more than one year after the amendment is recorded. 21.3 Recording. Every amendment to the Declaration must be recorded in every county in which any portion of the Condominium is located, and is effective only upon recording. An amendment shall be indexed in the name of the Condominium and shall contain a cross-reference by recording number to the Declaration and each previously recorded amendment thereto. All amendments adding Units shall contain a cross-reference by recording number to the Survey Map and Plans relating to the added Units and set forth all information required by RCW 64.32.216(1). 21.4 General Limitations. Except to the extent expressly permitted or required by other provisions of the Act, no amendment may create or increase Special Declarant Rights, increase the number of Units, change the boundaries of any Unit, the Allocated Interests of a Unit, or the uses to which any Unit is restricted, in the absence of the vote or agreement of the Owner of each Unit F:\WPDATA\CDOC\1920\192404.DEC 38 7/28/95 (3:14pm) particularly affected and the Owners of Units to which at least ninety percent of the votes in the Association are allocated other than the Declarant. 21.5 Execution. Amendments to the Declaration required by the Act to be recorded by the Association shall be prepared, executed, recorded, and certified on behalf of the Association by any officer of the Association designated for that purpose or, in the absence of designation, by the president of the Association. 21.6 Special Declarant/Development Rights. No amendment may restrict, eliminate, or otherwise modify any Special Declarant or Development Right provided in the Declaration without the consent of the Declarant and any Mortgagee of record (excluding Mortgagees of units owned by persons other than the Declarant) with a security interest in the Special Declarant or Development Right or in any real property subject thereto. 21.7 Material Amendments. Any amendment (other than an amendment necessary to exercise a Special Declarant Right) to a provision of this Declaration establishing, providing for, governing or regulating the following (all of which shall be deemed "Material Amendments") shall require the consent of fifty-one percent (51%) of the Eligible Mortgagees: voting rights; Assessments, Assessment liens, or the priority of Assessment liens; reserves for maintenance, repair, and replacement of Common Elements; responsibility for maintenance and repairs; reallocation of interests in the Common or Limited Common Elements, or rights to their use; redefinition of any Unit boundaries; convertibility of Units into Common Elements or vice versa; expansion or contraction of the Condominium, or the addition, annexation, or withdrawal of property to or from the Condominium; insurance or fidelity bond; leasing of Units; imposition of any restrictions on a Unit Owner's right to sell or transfer his or her Unit; a decision by the Association to establish self-management when professional management had been required previously by the Condominium's documents or by an Eligible Mortgage holder; restoration or repair of the Condominium (after a hazard damage or partial condemnation) in a manner other than that specified in the Declaration; any action to terminate the legal status of the Condominium after substantial destruction or condemnation occurs; or any provisions that expressly benefit Mortgage holders, insurers, or guarantors. A Mortgagee who fails to respond within thirty (30) days of a written request to approve an amendment shall be deemed to have approved the request if such request was delivered by certified or registered mail with a return receipt requested. 21.8 Map and Plans Amendment. Except as otherwise provided herein, the Survey Map and Plans may be amended by revised versions or revised portions thereof referred to and described as to effect in an amendment to this Declaration adopted as provided for herein. Copies of any such proposed Li amendment to the Survey Map and Plans shall be made available for the examination of every Owner. Such amendment to the Survey Map and Plans shall also be effective, once properly adopted, upon recordation in the appropriate county office in conjunction with the Declaration amendment. 1 Article 22 `' MISCELLANEOUS 22.1 Notices for All Purposes 22.1.1 Delivery of Notice. Any notice permitted or required to be delivered under the provisions of this Declaration or the Bylaws may be delivered either personally or by mail. If delivery is made by mail, any such notice shall be deemed to have been delivered twenty-four (24) hours after F:\WPDATA\CDOC\1920\192404.DEC 39 7/28/95 (3:14pm) a copy has been deposited in the United States mail, postage prepaid, for first class mail, addressed to the person entitled to such notice at the most recent address given by such person to the Board, in writing, for the purpose of service of such notice, or to the most recent address known to the Board. Notice to the Owner or Owners of any Unit shall be sufficient if mailed to the Unit of such person or persons if no other mailing address has been given to the Board by any of the persons so entitled. Mailing addresses may be changed from time to time by notice in writing to the Board. Notice to be given to the Board may be given to Declarant until the Board has been constituted and thereafter shall r be given to the President or Secretary of the Board. . 22.1.2 Mortgagee Notice. Upon written request therefor, and for a period specified in such notice, the Mortgagee of any Unit shall be entitled to be sent a copy of any notice respecting the Unit covered by its security instrument until the request is withdrawn or the security instrument dis- charged. Such written request may be renewed an unlimited number of times. 22.2 Mortgagee's Acceptance 22.2.1 Priority of Mortgage. This Declaration shall not initially be binding upon any - Mortgagee of record at the time of recording of said Declaration but rather shall be subject and subordinate to said Mortgage. 22.2.2 :Acceptance Upon First Conveyance. Unless otherwise expressly approved by the Purchaser of a Unit, Declarant shall not consummate the conveyance of title of such Unit until the Mortgagee referred to in Section 22.2.1 shall have accepted the provisions of this Declaration and made appropriate arrangements, in accordance with the Act, for partial release of Units with their appurtenant Limited Common Elements and Allocated Interest in Common Elements from the lien of said Mortgage. The issuance and recording of the first such partial release by said Mortgagee shall constitute its acceptance of the provisions of this Declaration and the Condominium status of the Units remaining • subject to its Mortgage as well as its acknowledgment that such appropriate arrangements for partial release of Units have been made; provided, that, except as to the Units (and their Allocated Interests in Common Elements) so released, said Mortgage shall remain in full effect as to the entire Property. • 22.3 Severability. The provisions hereof shall be deemed independent and severable, and the validity or partial invalidity or enforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof if the remainder complies with the Act or as covenants effect the common plan. 22.4 Conveyances; Notice Required. The right of a Unit Owner to sell, transfer, or otherwise convey the Unit shall not be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association or the Board, or anyone acting on their behalf. An owner intending to sell a Unit shall deliver a written notice to the Board, at least two (2) weeks before closing, specifying: the Unit to be sold; the name and address of the Purchaser, of the closing agent, and of the title insurance company insuring the Purchaser's interest; and the estimated closing date. The Board shall have the right to notify the Purchaser, the title insurance company, and the closing agent of the amount of unpaid assessments and charges outstanding against the Unit, whether or not such information is requested. It is understood, however, that a violation of this Section shall not invalidate a sale,.transfer or other conveyance of a Unit which is otherwise valid under applicable law. 22.5 Transfer of Declarant's Powers. It is understood that Declarant, at any time in the exercise of its sole discretion, may sell, assign, transfer, encumber, or otherwise convey to any person, F:\WPDATA\CDOC\1920\192404.DEC 40 7/28/95 (3:14pm) upon such terms and conditions as Declarant may determine, all of Declarant's rights, powers, privileges and authority arising hereunder by virtue of Declarant's capacity as Declarant (which rights, powers, privileges and authority are in addition to those arising from Declarant's ownership of one or more Units and include Development Rights and Special Declarant Rights). 22.6 Effective Date. This Declaration shall take effect upon recording. 22.7 Reference to Survey Map and Plans. The Survey Map and Plans of the Condominium referred to herein consist of sheets as prepared by _ , and were filed with the Recorder of King County, Washington, simultaneously with the recording of this Declaration under File No. in Volume of Condominiums,pages through 22.8 Structural Component/Mechanical System Completion. Declarant certifies that the structural components and mechanical systems of all Buildings containing or comprising any Units hereby created are substantially completed. ARTICLE 23 SPECIAL DECLARANT RIGHTS DEVELOPMENT RIGHTS • 23.1 Special Declarant Rights As more particularly provided in this Article, Declarant, for itself and any successor Declarant, has reserved the following Special Declarant Rights: 23.1.1 Completion of Improvements. Declarant, its agents, employees and contractors shall have the right to complete improvements and otherwise perform work: authorized by the Declaration; indicated on the Survey Map and Plans; authorized by building permits; provided for under any Purchase and Sale Agreement between Declarant and a Unit Purchaser; necessistated by any express or implied warranty under which Declarant is obligated; or otherwise authorized or required by law. 23.1.2 Sales Facilities of Declarant. Declarant, its agents, employees and contractors shall be permitted to establish and maintain in any Unit still owned by Declarant and in any. of the Common Elements (other than Limited Common Elements assigned to Units not owned by Declarant), such facilities as in the sole opinion of the Declarant may be reasonably required, convenient or incidental to the construction, sale s or rental of Units and appurtenant interests, including but not limited to: business offices; management offices; sales offices; construction offices; storage areas; signs; model units; and parking areas for all agents, employees, contractors, prospective tenants or purchasers of Declarant. Any such facilities not designated a Unit by the Declaration is a Common Element and, if Declarant ceases to be a Unit Owner, the Declarant ceases to have any rights with regard thereto unless it is removed promptly from the Condominium, which Declarant shall have the right to do. Declarant may maintain signs on the Common Elements advertising the Condominium. The provisions of this Section are subject to the provisions of other state law and to local ordinances. The number, size, location, and relocation of such F:\WPDATA\CDOC\1920\192404.DEC 41 7/28/95 (3:14pm) facilities shall be determined from time to time by Declarant in the exercise of its sole discretion; provided, that the maintenance and use of such facilities shall not unreasonably interfere with a Unit Owner's use and enjoyment of: the Unit and appurtenant Limited Common Elements; and those portions of the Common Elements reasonably necessary to use and enjoy-such Unit and Limited Common Elements. Li 23.1.3 Exercise of Development Rights. Declarant shall have the right to exercise Development Rights, if any, under this Declaration and the Act. 23.1.4 Combination with Larger Project. Declarant shall have the right to make the Condominium part of a larger con- t_,` dominium or development under RCW 64.34.276, and the Allocated Interests of Units shall be reallocated using the same formula as provided in Exhibit B. fi 23.1.5 Subject to Master Association. Declarant shall have the right to make the Condominium subject to a Master Asso- g J ciation under RCW 64.34.276. 23.1.6 Termination of Declarant Rights. Except as otherwise provided in this Declaration, the foregoing Special Declarant Rights shall continue so long as Declarant is completing improvements which are within or may be _: added to this Condominium, or Declarant owns any Units, or any Development Rights remain in effect; provided, that Declarant mayvoluntarilyterminate anyor all of such Rights at anytime byrecording P � g c_.a an amendment to the Declaration, which amendment specifies which Right is thereby terminated. 23.2 Development Rights y, As more particularly provided in this Article, the Declarant, for itself and any successor Declarant, has reserved the following Development Rights: ' :J 23.2.1 Parking/Storage Assignment. (a) The total number of parking spaces which are anticipated for this Condominium are shown on Exhibit C attached hereto, and the general locations of such parking spaces and storage areas are depicted on the Survey Map and Plans. (b) Unless the property does not have sufficient off-street parking and/or storage areas for each Unit, the Owner of each Unit has the unqualified right to use at least one parking space and storage area, either to be a part of the Unit, or to be allocated as provided in this Section 23.2.1. (c) Declarant reserves the right to make the initial allocation of parking spaces, a driving areas, and storage areas to each Unit such allocation being made pursuant to Section 7.1.2, 7.1.3 and 7.1.4 and Exhibits attached hereto (or by amendments thereto). With respect to each Unit, F:\WPDATA\CDOC\1920\192404.DEC 42 7/28/95 (3:14pm) : Declarant shall make such allocations prior to or contemporaneously with the closing of the sale of such Unit by Declarant. (d) Until the approximate locations are shown on the Survey Map and Plans, and an allocation to Units is made by this Declaration or amendments thereto, such parking spaces, driving areas and storage ares shall continue as part of the Common Elements (but not as Limited Common Elements). (e) Once the Declarant's right to make such allocations has expired, the balance of any parking spaces, driving areas, and storage areas, if any, not so allocated to specific Units shall continue as part of the Common Elements (not as Limited Common Elements) to be used in accordance with the rules and regulations established from time to time by the Board. (f) If Declarant elects to reallocate parking or storage previously allocated to Units still owned by Declarant, Declarant shall comply with the provision of Section 7.2.2; such reallocation is expressly recognized as being authorized by and in compliance with this Declaration. 23.2.2 Development in Phases (a) Right to Phase. This Condominium will be developed and established in more than one (1) phase. This Declaration provides a description of: the land within all phases; the general Common and Limited Common Elements for all phases; and the Units and Buildings for Phase 1 (and either herein or an amendment hereto, for the remainder of possible phases). The Survey Map and Plans, filed simultaneously herewith, depict certified as-built with respect to Phase 1 the following: a survey of the surface of the land for Phase 1 and all possible phases; the location of the Buildings for Phase 1; and the plans of the Buildings for Phase 1 showing as to each Unit in Phase 1 the vertical and horizontal boundaries, the location of all such Units, and the number and dimensions of all such Units. Said Survey Map and Plans, or amendments thereto, shall show such data with respect to the remainder of phases. The provisions regarding Phase 1 shall be effective immediately to establish Phase 1 (includ- ing the Phase 1 land and all Units, Buildings and other improvements constructed thereon) as a Condominium under the Act. The provisions regarding subsequent phases shall not be effective to establish subsequent phases (including the land and all Units, Buildings and other improvements constructed thereon) as a Condominium under the Act until Declarant records an amendment to the Declaration (and an amendment to the Survey Map and Plans, if necessary) pursuant to subsection 23.2.5. (b) Declaration. Survey Map and Plans Amendments. For each subsequent phase following Phase 1, the Declarant shall execute and record an amendment to this Declaration stating that said subsequent phase (including the subsequent phase land, and all Units, Buildings and other improvements thereon) is established as a Condominium under the Act. From and after the recording of said amendment, all of the land within Phase 1 and within subsequent phases for which such an 1 amendment has been recorded, together with all Units, Buildings and other improvements constructed thereon, shall constitute a single Condominium pursuant to the Act and the provisions of this Declaration. In conjunction with said amendment to the Declaration, an updated or revised Survey Map, or Plans, or both, shall be filed if the previous Map and Plans filed affecting or describing said subsequent phase lack required detail, certification or other matters required under the Act. The Declar- ant is the Unit Owner of any Units thereby created. The amendment to the Declaration shall assign an Identifying Number to each new Unit created, and reallocate the Allocated Interests among all Units. The amendment must describe any Common Elements and any Limited Common Elements thereby F:\WPDATA\CDOC\1920\192404.DEC 43 7/28/95 (3:14pm) created and, in the case of Limited Common Elements, designate the Unit to which each is allocated to the extent required by RCW 64.34.228. Development Rights may be reserved within any real property added to the Condominium if the amendment adding that real property includes all matters required by RCW 64.34.216 or 64.34.220, as the case may be, and the Survey Map and Plans include all matters required by RCW 64.34.232. This provision does not extend the time limit on the exercise of Development Rights imposed by this Declaration. (c) Common Elements. All Common Elements for each phase will be utilized by Unit Owners of the next succeeding phase as it is established, and the additional Owners will, after the effective date of the subsequent phase, also share in the expenses of such Common Elements. Owners in a prior phase will utilize the Common Elements for the subsequent phases and also share in the expense thereof. (d) Completion. Declarant shall complete subsequent phases in accordance with the plans and specifications prepared from time to time by or for Declarant and as approved from time to time by governmental authorities having jurisdiction thereof and by the lender or lenders financing the construction of subsequent phases. Improvements within subsequent phases will be reasonably consistent with improvements. in prior phases in terms of quality of construction. Completion of subsequent phases will be pursued by Declarant as expeditiously as reasonably possible, subject to delays for reasons (including, but not limited to, financing availability, labor disputes, material shortages, and acts of God) reasonably beyond the control of Declarant. All improvements for subsequent phases shall be substantially completed before such phase is incorporated into the Condominium by amendment as provided in subsection 23.2.2(b) above. (e) Allocated Interests. It is specifically covenanted that the Allocated Interests for Phase 1 are calculated with respect to the Units within Phase 1. At such time as additional phases are made effective by the filing of the above-described Declaration Amendment by Declarant, the n. Allocated Interests thereafter effective for all Units in Phase 1 and those added in each subsequent phase shall be reallocated as provided in Exhibit B attached hereto. (f) Assessments Based on Allocated Interests for Phases. All Assessments for the various phases shall utilize and be based on the Allocated Interests stated for that phase until the succeeding phase is activated and commenced. The Declarant or Board may upon the activation of any phase, based on the reallocation of Allocation Interests, recompute the budget and the Assessments, and impose the revised Assessments. (g) Easements for Phased Development. (i) In addition to the general easements reserved by statute and by reference in other sections of this Declaration, there is reserved a non-exclusive easement in favor of • Declarant (and Declarant's heirs, successors, assigns and purchasers) over and across the Phase 1 land (and across the land hereafter described in Exhibit A, as hereafter amended, for any subsequently completed phase) for ingress and'egress and over and across easements, roadways, and utility lines specified or established in and for completed phases, and the right to connect thereto is reserved. Such reservations are for the purpose either of completing subsequent phases, or otherwise developing portions of the land for other purposes if not completed as a Condominium phase. (ii) The easements reserved under this Section shall entitle the Declarant (and Declarant's heirs, successors, assigns), for development of each successive phase of the Condomin- F:\WPDATA\CDOC\1920\192404.DEC 44 7/28/95 (3:14pm) • ium, or for development and utilization of the lands to have been included in any phase if such lands are utilized for other purposes under the powers reserved to Declarant: to tie into water, sewer, storm sewer, electrical, gas, telephone or other utility lines of all varieties; to connect with roadways or utility systems developed and emplaced in the completed phases of the Condominium; and, to the extent as owners and occupants within the Condominium, utilize any recreational facilities developed in completed phases of the Condominium. (iii) Declarant shall bear the cost of tie-ins to said utilities and roads and will not connect with said utilities in a manner that impairs or significantly reduces the quality of the utility service to the land described in Exhibit A as Phase 1 and for the land in a subsequently completed phase; provided, that if said tie-ins cause an increase in the cost of delivering affected utility services to Phase 1 and for land in any subsequently completed phase, that cost shall be borne by the Declarant. (iv) Any land which is not developed as a subsequent phase of the Condominium and which utilizes and benefits from the utility, roadway easements and recreational facility reserved to Declarant hereunder, shall pursuant to an irrevocable covenant running with the land be obligated to pay a pro rata share (based on relative number of living units) of the costs of subsequent repairs, maintenance and operation of said utilities, roadways and recreational facilities. (v) Declarant (and Declarant's heirs, successors and assigns) shall have a non-exclusive easement to construct and maintain (at any time and at Declarant's sole cost and expense and in the exercise of Declarant's sole discretion and at such locations within Phase 1 and within any subsequently completed phases of the Condominium as Declarant may determine) such signs as Declarant may deem necessary for the identification of the name, location and direction, and for the sale or renting, of Buildings and Units, regardless of whether such Buildings and Units are located on land which is within a subsequent phase of the Condominium or on land which the Declarant under powers reserved hereunder has elected not to develop as a phase of the Condominium. (h) Liens Arising in Connection with Phases. At the time the amendment incorporating a subsequent phase into the Condominium is made, no lien arising in connection with the Declarant's ownership of, and construction of improvements upon, the subsequent phase land will adversely affect the rights of existing Unit Owners or the priority of first Mortgages on Units in the existing Condominium Property. All taxes, assessments, mechanics liens, and other charges affecting a subsequent phase land will be paid or otherwise satisfactorily provided for by the Declarant. (i) Withdrawal of Subsequent Phases. If, despite the good faith efforts of Declarant, and for reasons (including, but not limited to, financing availability, labor disputes, material shortages and acts of God) beyond the reasonable control of Declarant, all or any of the subsequent phases are not completed and/or the amendment(s) provided for in this Section is not recorded, then Declarant at any time may elect not to incorporate all or some of such subsequent phases into the subject Condominium project and elect not to record the amendments provided on in this Section. To effectuate the foregoing, Declarant, upon its sole signature and without further consent of any of the other Owners being required, may file such amendment to this Declaration and to the Survey Map and Plans as is necessary to withdraw the land within such subsequent phases(and improvements constructed thereon) from the provisions of this Declaration and to relinquish Declarant's rights under this Section. In the event Declarant should exercise its rights under this Section to withdraw the land within such subsequent phases (and improvements thereon), from the provisions of this Declaration, or if the Declarant's right to add phases expires pursuant to Section 23.2.2(j)(iii), then: the phases in fact made a part of the Condominium shall thereafter continue to constitute a complete, fully operational F:\WPDATA\CDOC\1920\192404.DEC 45 - 7/28/95 (3:14pm) Condominium; land within such subsequent phases (and improvements thereon) may be used for any other lawful purpose in Declarant's discretion; and the easements provided for in this Section (including without limitation Section 23.2.2(g)) shall continue for the benefit of land within such subsequent phases and Declarant (and its heirs, successors and assigns) for the development and utilization of land within such subsequent phases. (j) Limitation of Declarant's Rights. • (i) It is understood that the total project (if all phases are completed) shall include Condominium residential Units not exceedin in number 63. (ii) At the time of recording is Declaration, Declarant may not have acquired title to or an interest in the land for some or all of the land for phases subsequent to Phase 1. r- Declarant shall not be entitled to exercise its rights to include the land for phases subsequent to Phase 1 (and improvements thereon) as a part of this Condominium until such time as Declarant has acquired title to or an interest in the land necessary for such subsequent phase. (iii) Notwithstanding any other provision of this Declaration, Declarant's right to add phases by amendments under this Section shall expire seven (7) years after initial Declaration recording. (k) Parking/Storage not in Condominium (i) Some parking spaces, which are assigned for the exclusive use of a Unit within this Condominium, may be physically located within a phase which has not yet been made part of this Condominium. The owner of such Unit shall have a perpetual and exclusive easement to use such parking space for its intended purpose. Said parking space shall for all purposes be treated as a Limited Common Element subject to the provisions of this Declaration. At such time as the phase in which said parking space is located is recorded and made a part of this Condominium, said parking space shall be a Limited Common Element of the Unit to which has been assigned. (ii) Some parking spaces which are intended for the exclusive use of a Unit located in a phase which has not yet been made a part of this Condominium, may be physically located within this Condominium. The owner of such Unit (whether or not then constituting a condominium unit under the Act) shall have a perpetual and exclusive easement to use such parking space for its intended purposes. Such parking space shall for all purposes be subject to the provisions of this Declaration to the same extent as if such parking space was a Limited Common Element assigned to a Unit within the Condominium. At such time as the phase in which said Unit is located is recorded and made a part of this Condominium, said parking space shall be a Limited Common Element of the Unit to which it has been assigned. 23.2.3 Subdivision and Combination. Declarant shall have the right to subdivide or combine Units (owned by Declarant) or convert Units (owned by Declarant) into Common Elements. Whenever Declarant exercises a Development Right to subdivide, combine or convert a Unit previously created into additional Units, Common Elements, or both: F:\WPDATA\CDOC\1920\192404.DEC 46 7/28/95 (3:14pm) (a) If Declarant converts the Unit entirely to Common Elements, the amendment to the Declaration must reallocate all the Allocated Interests of that Unit among the other Units as if that Unit had been,taken by condemnation under Article 15. --1 (b) If Declarant subdivides the Unit into two or more Units, whether or not any part of the Unit is converted into Common Elements, the amendment to the Declaration must reallocate all the Allocated Interests of the Unit among the Units created by the subdivision in any reasonable and equitable manner prescribed by the Declarant. (c) If Declarant combines two or more Units, the amendment to the Declaration must reallocate to the new Unit all of the Allocated Interests formerly allocated to the Units so combined. 23.2.4 Withdrawal of Property. Declarant shall have the right to withdraw Real Property from the Condominium as provided in Section 23.2.2 subject to the following limitations: (a) If all the Real Property is subject to withdrawal, and the Declaration or } Survey Map or amendment thereto does not describe separate portions of Real Property subject to that right, none of the Real Property may be withdrawn if a Unit in that portion of the Real Property is • owned by a person other than the Declarant; and (b) If a portion or portions are subject to withdrawal as described in the Declaration or in the Survey Map or in any amendment thereto, no portion may be withdrawn if a Unit in that portion of the Real Property is owned by a person other than the Declarant. F I 23.2.5 Boundaries of Limited Common Elements. Declarant shall have the right to establish, expand, contract or otherwise modify the boundaries of any Limited Common Element allocated to a Unit; provided; the prior consent will be required from the Owner of the Unit. 23.2.6 Different Parcels; Different Times (a) Any Development Right may be exercised with respect to different parcels of Real Property at different times; (b) No assurances are made as to final boundaries of such parcels or as to the order in which those parcels may be subjected to the exercise of each Development Right; and I (c) Even though a Development Right is exercised in any portion of the Real Property subject to that right, that right need not be exercised in all or in any other portion of the remainder of that Real Property. 23.2.7 Exercise of Development Right. To exercise any Development Right reserved under Section 23.2, the Declarant shall prepare, execute, and record an amendment to the Declaration under Article 21 and comply with RCW 64.34.232. Jr 23.2.8 Termination of Development Rights. Except as otherwise provided in this Declaration, the foregoing Development Rights shall continue so long as Declarant is completing improvements which are within or may be added to this Condominium, or Declarant owns any Units, F:\WPDATA\CDOC\1920\192404.DEC 47 7/28/95 (3:14pm) or any Special Declarant Rights remain in effect; provided, that Declarant may voluntarily terminate any or all of such Rights at any time by recording an amendment to the Declaration, which amendment specifies which Right is thereby terminated. 23.3 Liability for Damage. The Declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the Condominium, of any portion of the Condominium damaged by the exercise of rights reserved by Declarant pursuant to or created by this Declaration or the Act. 23.4 Declarant's Easements. Declarant has an easement through the Common Elements as may f be reasonably necessary for the purpose of discharging Declarant's obligations or exercising Special Declarant Rights or Development Rights, whether arising under the Act or reserved in the Declaration. DATED as of: July 24, 1995 . ,g DECLARANT: ., A Washington Limited Partnership , _ BY: 111111MMINNIPM, A Washington Corporation, General Partner BY: Richard A. Gilroy, President STATE OF WASHINGTON) ) ss. COUNTY OF ) �� On this day of , 199_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Richard Gilroy, to me personally known (or proven on the basis of satisfactory evidence) to be the President of iiiimerimponuk the general partner of ftimigagalliammiliminV., a Washington limited partnership, the partnership that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and seal hereto affixed the day and year in this certificate above written. NOTARY PUBLIC in and for the State of Washington, residing in My commission expires: Print Notary Name: F:\WPDATA\CDOC\1920\192404.DEC 48 9/22/95 (1:43pm) I = = e= DODD' S ENGINEERS, INC. CIVIL ENGINEERING SURVEYING PLANNING DEVELOPMENT PLANNING CITY nF C NITnni AUG 2 b 1997 PRELIMINARY STORM DRAINAGE REPORT "`ECENED FOR THE ORCHARDS SECTOR D RENTON, WASHINGTON • RT • OF ;., ...I fr Date: August 20 1997 ••=, Project No.: 97071 f Prepared by: Edgar T. Jones, P.E. 't � ! w 61 •4•• ONAIv• 97071SDR.doc,08/20/97,page 1 4205 148TH AVE. N.E., SUITE 200- BELLEVUE, WA 88007 .(425) B85-7877 FAX: (425) 885-7963 PRELIMINARY STORM DRAINAGE REPORT FOR THE ORCHARDS SECTOR D Sector D is a proposed multi-family development in southwest corner of The Orchards Project located at NE 6th Street and Bremerton Avenue NE in Renton. The majority of the storm drainage facilities have been designed and built in conjunction with Orchards, Division 1 and 2. The detention pond and water quality facilities were constructed in 1994 and 1995. These systems have been working as designed since completed. The extent of the storm drainage improvements for Sector D is to build a catch basin conveyance system to route stormwater to the appropriate detention system. The proposed Sector D catch basin system will capture onsite flow and route it to an existing catch basin in NE 6th Street. The stormwater will then be routed through an existing conveyance system that flows directly into Detention Pond 300 (see attached map). Detention Pond 300 was built during the construction of Division 1 and was sized to include the developed area of Sector D. All stormwater collected onsite will pass through an oil/water separator before leaving the site. The conveyance system will be designed to the standards in the King County Stormwater Design Manual. Minimum pipe slopes will be held per the standards described in Table 4.3.4A. The absolute minimum grade must be 0.2% with a minimum design velocity (flowing full) of 3 fps. 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Bellevue , Washington 98004 Attention : Dick Gilroy Subject : Preliminary Geotechnical Engineering Study , Proposed Multi-Family Development Southeast 120th Street and Duvall Avenue Southeast Renton , Washington Gentlemen : We are pleased to present this geotechnical engineering report for the multi-family development to be construc- ted at Southeast 120th Street and Duvall Avenue Southeast in Renton , Washington. The purpose of our work was to explore site conditions and provide earthwork and foundation design criteria . The work was authorized by your acceptance of our proposal , dated February 29, 1988 . The subsurface conditions of the proposed building site were explored with thirty-four test pits . We found the site to be underlain at relatively shallow depths by medium-dense to very dense glacial till soils with occasional relatively thin layers of gravelly sands overlying the glacial till . It is our opinion the proposed development buildings can be founded on conventional footings bearing on the glacial till or overlying gravelly sand soils or on structural tills placed over these soils . Because of perched groundwater conditions near the ground surface and moisture-sensitive soils , drains may need to be provided to remove water from bearing surfaces . It would be advantageous to perform earthwork during dry weather . Since only conceptual plans are available we recommend that we be retained to review the goetechnical aspects of the plans once they become available. The attached report contains a more detailed discussion of the study and recommendations . It you have any questions , or if we can be of any further service , please contact us . Respectfully submitted, GEOTECH CONSULTANTS, INC . • A.„1„2:1 �� James R. Finley, Jr . P. E. • 4 PRELIMINARY GEOTECHNICAL ENGINEERING STUDY PROPOSED MULTI-FAMILY DEVELOPMENT SOUTHEAST 120TH STREET AND DUVALL AVENUE SOUTHEAST RENTON, WASHINGTON This report presents the results of our preliminary geotechnical engineering study of your site of the proposed multi-family development in Renton . The site is located at Southeast 120th Street and Duvall Avenue as indicated on the Vicinity Map, Plate 1 . At the time of our study, conceptual development plans were not available to us . However , a topographic and tree location map were provided to us . Based on our discussions with Northward Develpoment , ponds are being considered as part of the development amenities . SITE CONDITIONS SURFACE The site is located in the Renton Highlands area, bounded by Duvall Avenue Southeast and the undeveloped right-of-way of Southeast 120th Street . The site is nearly square in shape with sides of approximately 1300 feet . The topography varies throughout the site with total topographical relief of approximately twenty-five feet . A large majority of the eastern portion of the site is a flat, low area . Higher ground exists mostly on the western side and the northeastern corner of the site. At the time of the exploration which occured during rainy weather, much of the low areas were covered by shallow depths of standing water . There were also two areas where small drainages were noted--one existing on the northeastern corner while the ' other was on the northwestern corner of the site. The project site is lightly to heavily wooded throughout with a few open grassy areas . The site trees are mainly fir and alder, with scattered cedar , cottonwood and maple trees . SUBSURFACE The test pits were excavated from March 21 through 23, 1988 with a rubber-tired backhoe owned and operated by the Terrain Corporation. A geotechnical engineer from our staff • • Northward Development JN 88050 May 3 , 1988 Page 2 observed the excavation process , logged the test pits and obtained representative samples of the soils encountered . The Test Pit Logs are attached to this report as Plates 3 through 19 . Generally the uppermost soil unit throughout the site consists of a thin layer of sandy loam topsoil . The topsoil is underlain by one to four feet of loose to medium, reddish-brown , gravelly sandy loam . In all test pit areas the basal soil unit ' consisted of dense to very dense , gravelly, silty sand glacial till, As illustrated on Plate 2, through the lower center part of the site , the topsoil is underlain by a thin layer of sand : This sand is alluvium deposited by outwash from the glacier as it receeded or by stream flow. The sands are relatively clean and water-bearing . In four test pits , generally located in the lower wet areas , a thin layer of organic soil was found at the ground surface. The soils underlying the organic soils are similar to those beneath the gravelly sandy loam throughout the site. Small isolated amounts of fill also exist on the site in depths of two to three and one-half feet along the northern and eastern edges . The final logs represent our interpretations of the field ' logs and the results of the laboratory examination and tests of field samples. The stratification lines on the logs represent the approximate boundary between soil types . In actuality , the transition may be gradual . • • GROUNDWATER Many of the test pits encountered groundwater seepage . The water is perched over the relatively impermeable glacial till soils . In the lower areas of the site , the sand 'overlying the till serves as a very thin , shallow acquifer for the perched ground water . The test pits were left open .only for a short time period, therefore , the seepage levels recorded represent the location of water seepage in the side of the test pit . It should be noted, however, that groundwater levels vary with rainfall and other factors . • • • • GEOTECH CONSULTANTS INC. 1 Northward Development JN 88050 May 3, 1988 Page' 3 CONCLUSIONS AND RECOMMENDATIONS GENERAL The native dense sands and glacial till can be relied upon to support the moderate loads associated with this type of construction on conventional footings . However , a major consideration in the development of this site is site drainage . Groundwater currently exists in or near the sand and glacial till bearing soils . We recommend that surface and subsurface • drainage be improved . The natural drainage channels should be improved by enlarging and revising them into more developed channels, such as grass-lined open ditches or swales . It is also recommended that subsurface drains be constructed on the upslope side of proposed roads and buildings to intercept the groundwater . We understand that ponds are being considered in the 1 . development of the, site in lower ,areas . We believe that the ponds are feasible , using the relatively impermeable glacial till soils as the base of the ponds . However , the, ponds should be constructed in such ways that the water surface elevation is below the elevation of any proposed building footings , crawl spaces, or roads . On-site soils are generally not suitable for fill because of the existing high moisture content . Also the .topography is such that there is little opportunity for cuts . Therefore, most till requirements will need to be met by importing till to the site. E'illing of selected areas of the site will also help to improve drainage. At the present time there is a high groundwater table which is perched over the relatively impermeable soils below the topsoil layer . In the dryer summer period, this water level should drop . Evidence of this is the tact that this site is , for the most part , heavily forested . J OUNDATIONS Proposed structures may be supported on conventional continuous and spread footings bearing on the native dense sand and glacial till soils underlying the topsoil , loam, or fill soils or on structural till placed above competent native soils . Overexcavation of soil . below the footing may be required depending on final site grades . Fill placed under footings should extend outwards from the edge of the footings at least an amount equal to the depth of till underneath the footings . Exterior footings should be bottomed at a minimum depth of • • GEOTECH CONSULTANTS INC. Northward Development ',IN 88050 May 3 , 1988 Page 4 twelve (12) inches below the lowest adjacent outside finish grade. Interior footings may be at a depth of twelve (12) inches below the top of the slab. Footings founded on competent native soils may be designed for an allowable soil bearing capacity of three thousand (3000 ) pounds per square foot (psf) . Footings bearing on structural fill may also be designed for a bearing pressure of three thousand (3000 ) psf . Continuous and individual spread footings should have minimum widths of twelve (12) and eighteen (18 ) inches , respectively . A one-third increase in the above bearing pressures may be used when considering short term wind or seismic loads . • For this design criteria, it is anticipated that total settlement of footings founded on the dense sand and glacial till soils and on structural fills will be about one inch, with ' differential settlements of one-half inch. Almost all settlement due to dead loads from the building structure should occur during construction. Lateral loads due to wind or seismic forces may be resisted by friction between the foundations and the supporting compacted till subgrade or by passive earth pressure on the foundations . ' For the latter, the foundations must be poured "neat" against the existing soil or backf it led with a compacted fill meeting the requirements of structural till . A coefficient of friction of 0. 40 may be used between the structural foundation concrete and - the supporting subgrade. The passive' resistance of undisturbed natural soils and well compacted till may be taken as equal to the pressure of a fluid having a density of three hundred fifty ( 350) pounds per cubic toot (pcf) . SLAB-ON-GRADE FLOORS Slab-on-grade floors may be supported on undisturbed competent native soils or on structural fill . The slab should also be provided with a minimum of four ( 4) inches of free draining sand or gravel . In areas where moisture is undesirable , a vapor barrier such as a 6 mil plastic membrane should be placed beneath the slab. • PERMANENT RETAINING AND FOUNDATION WALLS Retaining and foundation walls should be designed to resist I lateral earth pressures imposed by the soils retained by these structures . Walls that are designed to yield an amount equal to at least 0 .002 times the wall height can be designed to resist GEOTECH CONSULTANTS INC. • Northward Development JN 88050 May 3, 1988 Page 5 the lateral earth pressure imposed by an equivalent fluid with a unit weight of thirty-five (35) pounds per cubic foot (pcf) . If walls are to be restrained at the top from free movement , a uniform force of one hundred (100 ) pounds per square toot (psf) should be added to the equivalent fluid pressure force. For calculating the base resistance to sliding , we recommend using a passive pressure equivalent to that exerted by a fluid having a density of three hundred fifty (350) pcf and a coefficient of friction of 0 . 40. It is assumed that no hydrostatic pressures act behind the wall and that no surcharge slopes or loads will be placed above the walls . It surcharges are to be applied, they should be added to the above lateral pressures . • Retaining and foundation walls should be backf it led with compacted tree-draining granular soils containing no organics . The wall backfill should contain no more than 5 percent silt or • clay and no particles greater than four inches in diameter The percentage of particles passing the No . 4 sieve should be between 25 and 70 percent . Alternatively, a geotextile drainage product such as Miradrain or Enkadrain may be used . The purpose of this is to assure that the design criteria for the retaining wall is not exceeded because of a build-up of hydrostatic pressure behind the wall . SITE DRAINAGE • We recommend the use of footing drains at the base of all footings and earth , retaining walls . Roof and surface water drains must be kept separate from the foundation drain system .. The tooting drains should be surrounded by at least six inches of one- inch-minus washed rock . The rock should be wrapped with non-woven geotextile filter fabric (Mirafi 140N, Supac, or similar materials) . • At the highest point , the perforated pipe invert should be at least as low as the bottom of the tooting and/or crawl space and it should be sloped for drainage. A typical tooting drain detail is attached to this report as Plate 22. The excavation and site should be graded so that surface water is directed ott the site and away from the tops of slopes . Water should not be allowed to stand in any area where buildings , slabs , or pavements are to be constructed . During construction , loose surfaces should be sealed at night by com- pacting the surface soils to reduce the infiltration of rain into the soils . Final site grades should be set where the GEOTECH CONSULTANTS INC. Northward Development JN 88050 May 3 , 1988 Page 6 • ground slopes downwards at , at least , a two percent grade for ten feet away from the building except where pavements adjoin the building or drainage swales are provided . Groundwater was observed in our test pits . Some seepage is ' possible , and, if encountered in the excavation , the water should be drained away from the site by use of drainage ditches , perforated pipe or French drains , or by pumping from sumps interconnected by shallow connector trenches at the bottom of the excavation. Other temporary and permanent drains may be required depending on the site plan and conditions found during construction. Subsurface drains should be constructed in a similar manner as the foundation drains . EXCAVATIONS AND SLOPES In no case should excavation slopes be steeper or greater than the limits specified in local , state , and national government safety regulations . - Temporary cuts up to a height of tour feet may be made vertical . For slopes having a height greater than four ( 4 ) feet,, the cut should have an inclination no steeper than 1: 1 (horizontal :vertical) from the top of the slope. All permanent cut slopes into native dense soils should be inclined no steeper than 2: 1 ( horizontal :vertical) . Fill slopes should also not exceed 2: 1 (horizontal :vertical) . Water should not be allowed to flow uncontrolled over the top of any slope . Also, all permanently exposed slopes should be seeded with an appropriate species of vegetation to reduce erosion and improve stability of the surticial layer of soil . PAVEMENT AREAS All parking and roadway areas may be supported on native soils underlying organic soil layers provided these soils can be compacted to 95 percent density and are stable at the time of construction. Structural till and/or fabric may be needed to stabilize soft, wet or unstable areas . In most instances twelve (12) inches of granular till will stabilize the subgrade except for very soft areas where additional till could be required . The subgrade should be evaluated by Geotech Consultants , Inc . after the site is stripped and cut to grade. The upper twelve (12) inches of pavement subgrade should be compacted to at least 95 percent of the maximum density. Below this level a compactive effort of 90 percent would be adequate. The pavement GEOTECH CONSULTANTS INC. Northward Development JN 88050 May 3, 1988 Page 7 section for lightly loaded traffic and parking areas should consist of two (2) inches of asphalt concrete (AC) over four (4 ) inches of crushed rock base (CRB) or three (3 ) inches of asphalt treated base (ATB) . We recommend that heav ily loaded areas be provided with three (3 ) inches of AC over six (6 ) inches of CRB or four (4 ) inches of ATB. The heavily loaded areas are those in main driveways and garbage bin areas . These guidelines are based on our experience in the area and on what has been successful in similar situations . We can provide recommendations based on expected traffic loads and R value tests , if requested . Some maintenance and repair of limited areas can be expected . To provide for a design without the need for any repair would be uneconomical . SITE PREPARATION AND GENERAL EARTHWORK We recommend that the building and pavement areas be stripped and cleared of all surface vegetation', all organic matter and any other deleterious material . Stripped materials should be removed from the site or, it desired, stockpiled for later use in landscaping . The stripped materials should not be mixed with any materials to be used as structural till . Structural fill is defined as any till placed under buildings . Geotech Consultants , Inc . should observe site conditions prior to till placement . Structural fill under floor slabs and foundations should be placed in horizontal lifts and compacted to a density equal to or greater than 95 percent of the maximum dry density in accordance with ASTM Test Designation D-1557-78 (Modified Proctor) . The fill materials should be placed at or near the optimum moisture content . Fill under pavements and walks should also be placed in horizontal lifts and compacted to 90 percent of the maximum density except for the top twelve (12) inches which should be compacted to 95 percent of maximum density. The allowable thickness of the fill lift will depend on the material type , compaction equipment and the number of passes made by the equipment . In no case should the lifts exceed twelve (12) inches in loose thickness . The moisture content of the on-site soils at the time of our exploration was above the optimum moisture content , thus it would be difficult to use as structural fill at that moisture content . During dry weather it may be possible to use some on- site soils it the soils' can be dried by aeration. Ideally, structural till which is to be placed In wet weather should consist of a granular soil having no more than 5 percent GEOTECH CONSULTANTS INC. ' I • Northward Development JN 88050 May 3 , 1988 Page 8 material passing the No . 200 sieve. The percentage of particles passing the 200 sieve should be measured on that portion of the soil passing the three-quarter inch sieve . LIMITATIONS Geological factors such as stratigraphic discontinuities • that occur between test pits and soil exposures , or variations in groundwater conditions are not predictable with a limited exploration program or conventional engineering analysis . Such non-quantifiable risks must be borne by the owners . This report has been prepared for specific application to this project and for the exclusive use of Northward Development and their representatives. Our , recommendations and conclusions are based on the . site materials observed, selective laboratory testing and engineering analyses. The conclusions and recommendations are professional opinions derived in accordance with current standards of practice within the scope of our services and within budget and time constraints . No warranty is expressed or implied . The scope of our services does not include services related. to construction safety precautions and our recommendations are not intended to direct the contractor' s methods , techniques , sequences or procedures , except as specifically described in our report for consideration in design. The scope of our work did not include a hazardous materials assessment. We can provide this service, if requested . We recommend that this report , in its entirety , be included in the project: contract documents for the information of the contractor . • ADDI TIONAL SERVICES It is recommended that Geotech Consultants , Inc . provide a general review of the geotechnical aspects of the final design and specifications to verify that the earthwork and foundation recommendation have been properly interpreted and implemented in the design and in the construction specifications . GEOTECH CONSULTANTS INC. Northward Development JN 88050 May 3 , 1988 Page 9 It is also recommended that Geotech Consultants , Inc. be retained to provide geotechnical consultation , testing , and observation services during construction. This is to confirm that subsurface conditions are consistent. with those indicated by our exploration , to evaluate whether earthwork and foundation construction activities comply with the intent of contract plans and specifications , and to provide recommendations tor design changes in the event subsurface conditions differ from those anticipated prior to the start of construction. We recommend that a representative of our firm be present during placement of structural till to observe the process and to conduct density tests in the fill . The following plates are attached and complete this report : Plate 1 Vicinity Map Plate 2 Test Pit Location Plan Plates 3-19 Test Pit Logs Plate 20-21 Grain Size Analysis Plate 22 Footing Drain Detail • Respectfully submitted, "r_s R. F//yi .6 GEOTECH• CONSULTANTS, INC. 1) 444) • D. Robert Ward ''4 • ••• I$IJEP� Geotechnical Engineer James R. Finley, Jr . P.E . Principal Attachments . DRW/JRF:cvb 1 _ice\..__, ff c� , rl> 33 ti i E.m;0:,:1i 1 °f r; �= 3 4 35 MAY �, 7y I T i`T�'a CRffK n ^( .Jl't.,��•r\�^ ,r _ �It �.tn yNDST�/�1 PARK �Ly(TI yr '.(19,5,31 Sf(A"6.11 ', z _ 9 /AA b ~ L. A A C C It, U 1.u• St-n• - E .5 TH `1. Sf 7 r1. • Ot RT 'Tn fE 4yt M\ "`'.-`L(7 ' i T u• .. 11.1. 1 S.E.q5 s[ERRA N(fcrfs _ ' �• • SE RTn.ST 2 2 Y F .s < a' `_�'- rST S.E 100TNSr. E] • 75i�✓l f yy` rST ^' a S F 1ni r J, Nolwh SE ILOTN ''•F7,g11N -EL WTN VL� \ a Ya DSTn �'. ` SE IS NDf1 $I "l - ' NE- *P3 • ,,.. I ," ( T < SE 1pp22ND �Nq E f ` N uSE� Wfn \ [ x ,1ST ,1 1—E .2 ^ \`* ^ SE IJlrn cT 5 A w�� fR 9 I a1 \ ' ^ • -]I L1• NF ASTN ' 'SI-•IL I[` ,.�� 9 : i. ..1 i •p•0' .J 4 ,, t 9M ;IL 3. 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O qI �, a •I" u ..� O ,+arN_h k :,.,,.,ern . - iD SE 11,1X PL !D SE .',.4 •r fl' •• Q : t 1N .1 y St NCsIN \` •S fr• t\S r 1qI 14I in DI SF,151 P1 i5�I/15T VP W s' s r - 1b 'S€KIT r r'h MAPLEWOOD• ',1 z S L:N•PL Ix Oa" W1 ti ,/ ���?qqq///\�[>� WAS ( I u r•v+o Imo, • Sf. - D(f I .'!�^5[ !;l z s 1(]Rd PL 1 j N SE .3.0 ST. 9 L. ••5T[ II [ WIN _ • VICINITY MAP ..4.0, GEOTECH SE 120TH STREET & DUVALL AVENUE SE CONSULTANTS RENTON, WASHINGTON JOB NO.: 88050 1 PLATE: 1 1 W AVESEJ N p(I VAL L AVE SE C.::-_.,- e:, --- / (�,38th Z cry IL `� \ I I \• / TP-33 '' • TP-32 ZCD •� gl � l � Z Z co TP-28 r ��-Vio • TP-29 / � � - � Qa 0 \ �\ Si 0 ( Qt TP-14_ ----- TP-31 Qt _ ` -I�7 , ♦ , J -J TP�27�� \��``� /� I�� TP-30 V a \ \ / / A O Q 0\ , /� -- /� q�\_ / `� LEGEND J LiJ \ \ J / TP-22 H TP-26 TP-TP ` — — / A A APPROXIMATE TEST PIT l� Z a A TP-24 / LOCATION 0 O // TP-I �... �■ — ) A / co -! (/ — - GENERALLY A THIN LAYER OF l_ L W O \) TP-23 LOAM TOPSOIL OVER GLACIAL TILL O Et i Qa ....1- Q W CO CID GENERALLY A RELATIVELY THIN I i Qt / ,/�1 Qa LAYER (3-5' thick) OF ALLUVIUM O / /-- -, / 1 // (SAND) OVER GLACIAL TILL W Z CO / O ' //// // (/) \I // /i/ F GENERALLY 2-4' thick FILL OVER • i / \ I / , , NATIVE SOILS 0 TP-13 --i TP-2I \ \ 1 / ;' ...- CO /` �� 0 \ \ / I / "J � / •\ TP-17 Yo"/ \ C./z C. / -- / T -12 T TPC15\ / ��_'\ 1 \\ a� Oa A F �TPO-111 / 0 / a� \ \ w Z \ \ \ I _ -- --k-� TP-I6 / �i�TP-I4 /// TP-I8 \� \ \\\... JIIIIM �O cry ��, ��, - A / 0 \\ �-. Z- \ \ /1 ��` / j Q ) \ I. �� I -1 TP-I9 \\ \ lx / \ TP-10 �J TP-3 \\ I \\ \\ �. >�G \ 1 0 \ \ II 1 1 \ \ ^,\ \\ \ TP-8 \\ Ik\G/ \� \ 1\ SCALE: i�� = 1501 \ / \ ) 1 \ I TP-2 I I 1 N` _�-405-' \ A \ /�A\5 �� �\ \� \ Q \\ . \ \` — \ 1 / i \ .� 1 —��P-1 \ \\ TP-4\\� \'-_ .-- -'`\ '�) Qt ; ; I j / \ \ \ \TP-5 0/ / TP-6 TP-7 I \\ \\ 0 j 1 \ \\ \\ Q a % 0 A I1 ., \ \ 1 \ N. \ \ \\ \ 1 \\ N. � \ \� i \-- \ \ -- -- \ — - \ \ N / \ TEST PIT LOGGED BY: DRW DEPTH MOIST. (FT) (%) USCS DESCRIPTION ELEVATION= 0 TBlack, Gravelly, Silty SAND with extensive organics, Moist, 25,7 SP`:: Loose (Topsoil) Reddish Brown, Gravelly, Silty SAND, Coarse Grained, Slightly 4,7 • oist, Medium Dense Brownish Gray, Gravelly SAND with cobbles, Medium to Coarse 5 — : j.1: •` rained, Slightly Moist, Dense • 1•1- - Gray with occasional tan, Gravelly, Silty SAND, Moist, Very SM : Dense (Glacial Till) 10.0 . . . . . Test Pit terminated on 3/21/88 at 8 feet below existing 10 — grade. No groundwater seepage was encountered during - excavation • 15 — • • TEST PIT 2 DEPTH MOIST. (FT.) (%) USCS DESCRIPTION ELEVATION= 0 +SM:•_ Black, Silty__SAND with organics, Wet, Loose (Topsoil) SP-:: Reddish Brown, Gravelly, Silty SAND, Coarse Grained, Very Wet, Medium Dense • Brownish Gray, Gravelly SAND, Medium to Coarse Grained, • . Very Wet, Dense 5 — :i gm .. Gray, Gravelly, SiltySAND, Saturated, Very Dense (Glacial Till) • Test Pit terminated at 6 feet below existing grade. Heavy groundwater seepage was encountered at 1 foot during ex— cavation. 10 — 15 • • TEST PIT LOGS GEOTECH . SE 120TH STREET & DUVALL AVENUE SE CONSULTANTS • RENTON, WASHINGTON tammetsgetrr JOB NO. : 88050 I PLATE: 3 TEST PIT 3 LOGGED BY: DRW DEPTH MOIST. (FT.) (%) USCS DESCRIPTION ELEVATION= 0 Reddish Brown, Gravelly, Very Silty SAND, Coarse Grained, :; SMk Moist, Medium Dense J ________ ..-....._.� • .LI• Gray, Gravelly, Silty SAND, Moist, Very Dense 5 — SMI: (Glacial Till) Test Pit terminated on 3/21/88 at 52 feet below existing grade. No groundwater seepage was encountered during excavation 10 — I5 — TEST PIT 4 DEPTH MOIST. (FOT.) (%) USCS DESCRIPTION ELEVATION= . •;cNH. Black, Gravelly, Silty SAND with organics, Moist, Loose :i: :1-'..(Topsoil) •SM:I: Reddish Brown, Very Silty SAND, Medium Grained,' Moist, — :iI .Medium Dense .4 . Gray, Gravelly, Silty SAND, Moist, Very Dense 5 — :.SM: : (Glacial Till) Test Pit terminated on 3/21/88 at 6 feet below existing grade. No groundwater seepage was encountered during excavation. 10 — • I5 -- TEST PIT LOGS =AO GEOTECH SE 120TH STREET & DUVALL AVENUE SE CONSULTANTS RENTON, WASHINGTON JOB NO. : 88050 I PLATE : 4 TEST PIT 5 LOGGED BY: DRW DEPTH MOIST. (FT.) (%) USCS DESCRIPTION ELEVATION= ,— Reddish Brown/Brown, Gravelly, Very Silty SAND with.some •! roots, Fine Grained, Slightly Moist, Medium Dense . 5 '��P Brownish Gray, SAND, Medium to Coarse Grained, Moist, - .:-.L.'\Medium Dense •SMj: Gray, Gravelly, Silty SAND, Moist, Very Dense Test Pit terminated on 3/21/88 at 8 feet below existing 10 — grade. No groundwater seepage was encountered during • excavation. • 15 - TEST PIT 6 DEPTH MOIST. (FOT.) (%) USCS DESCRIPTION ELEVATION= -sm., Dark Brown, Gravelly, Silty SAND with extensive organics, - Very_Moist, Loose (Topsoil) 9.0 P Gray)own, Gravelly SAND with cobbles, Coarse Grained, — Wet ' Medium Dense to Dense • Gray, Gravelly, Silty SAND, Very Moist, Very Dense 5 — •ISM:;: (Glacial Till) - r Test Pit terminated on 3/21/88 at 7 feet below existing grade. Groundwater seepage was encountered at 3 feet • 10 — during excavation. I15 — TEST PIT LOGS I }. GEOTECH SE 120TH STREET & •DUVALL AVENUE SE CONSULTANTS .RENTON, WASHINGTON JOB NO. : 88050 I PLATE: 5 TEST PIT 7 LOGGED BY: DRW DEPTH MOIST (FT.) (%) USCS DESCRIPTION ELEVATION= O SMi•- Black, Gravelly, Silty SAND with organics, Moist, Loose (Topsoil) ;qM:; Reddish Brown,' Gravelly, Silty SAND, Medium to Coarse Grained, : j•. \Medium Dense Gray, Gravelly, Very Silty SAND, Very Moist, Dense 5 — : becomes less silty, moist, very dense Test Pit terminated on 3/21/88 at 52 feet below existing grade. No groundwater seepage was encountered during excavation. • 10 — I5 — • TEST PIT 8 DEPTH MOIST. (FOT.) (%) USCS DESCRIPTION ELEVATION= . • ' .1. Reddish Brown, Gravelly, Very Silty SAND, Fine to Medium • is Grained, Moist, Loose IMLI Gray/Tan, Gravelly, Sandy SILT, Very Moist, Dense (Weathered • 0 ▪ ;• : Glacial Till) --.v-_._-.--_--.-._. .___.___.—_� 5 — Gray, Gravelly, Silty 'SAND, Very Moist to Wet, Very Dense • SM•1. (Glacial Till) — Test Pit terminated on 3/21/88 at 7 feet below existing grade. Slight groundwater seepage was encountered at 10 _ 4 feet during excavation. • 5 — Ai TEST PIT LOGS GEOTECH SE 120TH STREET & DUVALL AVENUE SE CONSULTANTS RENTON, WASHINGTON JOB NO. : 88050 I PLATE : 6 TEST PIT 9 LOGGED BY: DRW DEPTH MOIST. (FT.) (%) USCS DESCRIPTION ELEVATION= • • ii: Gray, Gravelly, Silty SAND, Moist to Very Moist, Very Dense (Glacial Till) :GSM: : • 5 - Test Pit terminated on 3/21/88 at 4 feet below existing grade. . No groundwater seepage was encountered during excavation. I0 15 - TEST PIT 10_ • DEPTH MOIST. ' (FT.) (%) USCS' DESCRIPTION ELEVATION= : SM:;. Black, Gravelly, Silty SAND with organics, Moist, Loose SF .'S�`"N(Topsoil) I1 Reddish'Brown, Gravelly, Silty SAND, Medium to Coarse Grained, Moist, Loose �'' i Brown/Tan, Gravelly, Sandy SILT, Very Moist, Medium Dense (Weathered Glacial Till) _ 5 •'•J• . Gray/Rust,t Gravelly, SiltySAND, Moist Dense (Glacial Till) I Y > • Test Pit terminated on 3/21/88 at 6 feet below existing — grade. Slight groundwater seepage was encountered during - excavation. 10 — • 1 5 -- - • TEST PIT LOGS GEOTECH SE 120TH STREET & DUVALL AVENUE SE CONSULTANTS RENTON, WASHINGTON JOB NO.: 88050 I PLATE : 7 , • TEST PIT II • LOGGED BY: DRW DEPTH MOIST. (FT.) (%) USCS DESCRIPTION ELEVATION: 11 .6 Brown, Gravelly, Silty SAND with extensive concrete and _ .SM:SP-:-• asphalt debris', Moist, Medium Dense (Fill) - 183.3V Pt Brown/Black PEAT, Fibrous, Wet, Soft 5 - 28.3 . ML':I: Grayish Brown, Gravelly, Sandy SILT, Saturated, Medium Dense ♦ ::SP:;; Gray/Brawn, Gravelly SAND with cobbles, Saturated, Medium Dense • i1 Gray, Gravelly, SiltySAND, Wet, VeryDense (Glacial . SM.I. Till) Test Pit terminated on 3/21/88 at 8 feet below existing 10 grade. Heavy groundwater seepage was encountered at 61 ' below existing grade. • 15 - • TEST PIT 12 ' DEPTH MOIST. (FOT.) (%) USCS DESCRIPTION ELEVATION= • - SP Brown, Gravelly, Silty SAND with concrete debris, Moist, •Loose to Medium Dense (Fill) 71.6 ' WI Black, Organic SILT ,with roots, Moist, Soft (Old Topsoil)..— opsoil)- ._..__. _ 21.2, MLI Mottled, Sandy SILT, Wet, Loose to Medium Dense — -•SP.'• Brown/Gray SAND, Medium to Cc rse Grained, Saturated, Medium Dense • - : SEMI: Gray, Gravelly, Silty SAND, Very Moist, Dense (Glacial Test Pit terminated on 3/21/88 at 72 feet below existing IO — grade. Very heavy groundwater seepage was encountered _ at 4 feet during excavation. • • I5 -- • TEST PIT LOGS =AO GEOTECH SE 120TH STREET Sc- DUVALL AVENUE SE CONSULTANTS RENTON, WASHINGTON JOB NO. : 88050 I PLATE : 8 TEST PIT 13 LOGGED BY: DRW DEPTH MOIST. (FT.) (%) USCS DESCRIPTION ELEVATION: 0 �M Black, Gravelly, Silty SAND with organics, Very Moist, ose opso bM ; Reddish Brown, Gravelly, Very Silty, SAND, Medium to Coarse Grained, :'. oose to Medium Dense Brown, Gravelly, Silty SAND, Medium Grained, Wet, Medium Dense — ••SP •.\Mottled, Slightly Sandy SILT`, Wet, Loose to Medium Dense 5 - ;:SM;. Gray/Brown SAND, Medium to Coarse Grained, Saturated, _ Dense IA :. Gray, Gravelly, Silty SAND, Wet, Dense (Glacial Till) Test Pit terminated on 3/21/88 at 72 feet below existing ` grade. Heavy groundwater seepage was encountered at 4 feet l0 — during excavation. 15 - TEST PIT 14 DEPTH MOIST. (FOT.) (%) USCS DESCRIPTION ELEVATION= •SM• • Dark Brown, Gravelly, Silty SAND with extensive organics, Moist, Loose :•SP=:\(Topsoil) .•'::SM: Brown/Gray, Gravelly SAND, Coarse Grained, Moist, Medium Dense to Dense 5 _ SM:I; Gray; Gravelly, Silty SAND, Moist, Very Dense (Glacial - : .I1•j: Till) - Test Pit terminated on 3/22/88 at 6 feet below existing grade. No groundwater seepage was encountered during excavation. I0 -- 15 TEST PIT LOGS GEOTECH SE 120TH STREET & DUVALL AVENUE SE CONSULTANTS RENTON , WASHINGTON JOB NO. : 88050 I PLATE: 9 TEST PIT 15 LOGGED BY: DRW DEPTH MOIST. (FT.) (%) USCS DESCRIPTION ELEVATION= 0 AL Black, Sandy SILT with orgaiics, Wet , Loose (Topsoil) - l Gray/Brown, Gravelly, Sandy SILT, Saturated, Medium Dense ML (Weathered Glacial Till) 5 — Gray, Gravelly, Silty SAND, Very Moist, Dense MLI (Glacial Till) if Test Pit terminated on 8/22/88 at 62 feet below existing grade. Groundwater seepage was encountered at 2 feet during excavation. 10 -- I5 - TEST PIT 16 DEPTH MOIST. (FOT.) (%) USCS DESCRIPTION ELEVATION: P.t/ Black, Fibrous PEAT and Organic Sandy SILT, Wet, Soft ' -SM= :SF:: Gray/Brown, Gravelly SAND with cobbles, Saturated, Dense ' II" Gray, Gravelly Silty SAND, Wet, Very Dense (Glacial Till) Test Pit terminated on 4/22/88 at 52 feet below existing grade. . Heavy groundwater seepage was encountered during excavation. 10 — 15 - TEST PIT LOGS =-44 GEOTECH SE 120TH STREET & DUVALL AVENUE SE CONSULTANTS RENTON, WASHINGTON JOB NO. : 88050 I PLATE : 10 • • TEST PIT 17 LOGGED BY: DRW DEPTH MOIST. (FT.) (%) USCS • DESCRIPTION ELEVATION= 0 Black, Sandy SILT with organics, Moist, Loose (Topsoil) SP-::• Reddish Brown, Gravelly, Silty SAND, Medium to Coarse - : SM Grained, Slightly Moist, Loose Tan/Gray, Gravelly, Silty SAND, Slightly Moist, Fine to 5 " ;' Medium Grained, Medium ' SM Dense (Weathered Glacial Till) becomes gray, dense (Glacial Till) Test Pit terminated on 4/22/88 at 8 feet below existing '10 _ grade. No groundwater seepage was encountered during excavation. 15 — TEST PIT 18 DEPTH MOIST. (FOT.) (To) USCS DESCRIPTION ELEVATION= _ GSM•,• Black, Gravelly, Silty SAND with organics, Moist, Loose ` SP; (Topsoil) _•=SM Reddish Brown, Gravelly, Silty SAND, Medium to Coarse 'Grained, Slightly Moist, Loose to Medium Dense - • • • -• Gray, Gravelly, Silty SAND, Moist, Very Dense S SM : (Glacial Till) Test Pit terminated on 4/22/88 at 7 feet below existing grade. No groundwater seepage was encountered during ID -- excavation. 15 — • TEST PIT LOGS :AO GEOTECH SE 120TH STREET & DUVALL AVENUE SE CONSULTANTS RENTON, WASHINGTON t JOB NO. : 88050 I PLATE: 11 TEST PIT 19 LOGGED BY: DRW DEPT H MOIST. (FT.) (%) USCS DESCRIPTION ELEVATION= 514'; Silty SAND with organics Very_Moist, Loose (Topsoil) : SM. , (eadish Brown, Very Silty SAND, Medium to Coarse (drained, : +,;.,Very Moist, Loose Gray/Tan, Gravelly, Silty SAND, Fine Grained, Very Moist, _ 'Ni`'Iedium Dense (Weathered Glacial Till) • - • . . Gray, Gravelly, Silty SAND, Very Moist, VeryDense 5 • SM-• (Glacial Till) - . . . .. becomes less silty, wet, dense Test Pit terminated on 4/22/88 at 8 feet below existing .10 — grade. Slight groundwater seepage was encountered at 6 feet during excavation. 15 - • TEST PIT 20 DEPTH MOIST. • (FT.) .) (%) USCS DESCRIPTION ELEVATION= ' SM:: Reddish Brown, Gravelly, Silty SAND, Moist, Loose 41" Gray/Tan, Gravelly, Silty SAND, Medium Grained, Moist, ▪ +Dense (Weathered Glacial Till) : SKI Gray/Some Tan, Gravelly, Silty SAND, Moist, Very Dense 5 - I: :, (Glacial Till) Test Pit terminated on 4/22/88 at 5 feet below existing grade. No groundwater seepage was encountered during excavation. • 10 — 15 - • TEST PIT LOGS GEOTECH SE 120TH STREET & DUVALL AVENUE SE =AOCONSULTANTS RENTON, WASHINGTON JOB NO. : 88050 I PLATE: 12 TEST PIT .21 LOGGED BY: JAC DEPTH MOIST. (FT.) (%) USCS DESCRIPTION ELEVATION= 0 :1 SM. : Dark Brown, Silty SAND with organics, Very Moist, Loose (Topsoil) s SM Reddish Brown, Silty SAND, Very Moist, Loose Brown, Gravelly SAND, Very Moist, Medium Dense : •1I;: Gray, Gravelly, Silty SAND, Moist, Very Dense 5 - : SM•: (Glacial Till) Test Pit terminated on 3/21/88 at 7 feet below existing grade. Groundwater seepage was encountered at 3 feet 10 — during excavation. 15 - TEST PIT 22 DEPTH MOIST. (FOT.) (%) USCS DESCRIPTION ELEVATION= : M: Dark Brown, Silty SAND with organics, Moist to Very Moist, Loose :SP -:N(Topsoil) V '':;; -.,,Reddish Brown, Silty SAND, Moist, Loose - ;;'S ::- ' Brown, Gravelly SAND, Very Moist, Dense • Gray, Gravelly, Silty SAND, Wet, Very Dense (Glacial Till) .I SM- • Test Pit terminated on 3/21/88 at 62 feet below existing grade. Groundwater seepage was encountered at 24 feet during excavation. 10 — • • 15 - • TEST PIT LOGS „kJ GEOTECH SE 120TH STREET & DUVALL AVENUE SE CONSULTANTS RENTON, WASHINGTON r JOB NO.: 88050 I PLATE : 13 TEST PIT 23 LOGGED BY: JAC DEPTH MOIST. '(FT.) (%) USCS DESCRIPTION ELEVATION= 0 - :ISM: Dark Brown, Organic Silty SAND, Moist, Loose SPSM Reddish Brown, Silty SAND, Moist, Loose - '•SP:: Brown, Gravelly SAND, Moist, Medium Dense • Gray, Gravelly, Silty SAND, Moist, Very Dense 5 — S. = (Glacial • Till) Test Pit terminated on 3/22/88 at 6 feet below existing grade. No groundwater seepage was encountered during - excavation. . .IO — • I5 — TEST PIT 24 . DEPTH MOIST. • (F0T.) (%) USCS DESCRIPTION ' ELEVATION= . • _ :SM:�; Very Dark Brown, Si1ty.SAND with organics, Moist,.Loose (Topsoil) • Reddish Brown, Silty SAND, Moist, Medium Dense Gray, Gravelly, Silty SAND, Moist, Very Dense 5 — :SMI: (Glacial Till) • = . • Test Pit terminated on 3/22/88 at 7 feet below existing grade. No groundwater seepage was encountered during • 10 — excavation. 15 I TEST PIT LOGS =__40 GEOTECH SE 120TH STREET & DUVALL AVENUE SE CONSULTANTS RENTON, WASHINGTON JOB NO. : 88050 I PLATE: 14 TEST PIT 25 LOGGED BY; JAC DEPTH MOIST. (FT.) (%) USCS. DESCRIPTION ELEVATION= _ :SM:I Black, Silty SAND with organics, Most, Loose (Topsoil SPjSF Reddish Brown, Silty SAND, Moist, Loose - SP Brown, Gravelly SAND, Very Wet, Dense • M• . Gray, Gravelly, SiltySAND, Wet, VeryDense 5 — •SM• • Test Pit terminated on 3/22/88 at 62 feet below existing grade. Groundwater seepage was encountered at 22 feet below existing grade. 10 — I5 — • TEST PIT 26 DEPTH MOIST. 4FT.) (%) USCS DESCRIPTION ELEVATION= 0 DM;: Black, Silty SAND with organics; Moist, Loose (Topsoil) SPSM. Reddish Brown, Silty SAND, Moist, Loose o • Brown, Gravelly SAND, Saturated, Medium Dense 5 — : :f : Gray, Gravelly, Silty SAND, Very Moist, Very Dense SM:: (Glacial Till) Test Pit terminated on 3/22/88 at 7 feet below existing _ grade. Groundwater seepage was encountered at 3 feet 10 — below existing grade. 15 — . TEST PIT LOGS } GEOTECH SE 120TH STREET & DUVALL AVENUE SE 40, CONSULTANTS RENTON, WASHINGTON JOB NO.: 88050 I PLATE: 15 TEST PIT 27 LOGGED BY: JAC DEPTH MOIST. (FM) (%) USCS. DESCRIPTION ELEVATION= 0 .'-PMI.I. Black, Silty SAND with organics, Moist, Loose (Topsoil) Reddish Brown, Silty SAND, Moist, Loose SP- 'SM 5 - - : IL4 Gray, Gravelly, Silty SAND, Moist, Very Dense . SM. - (Glacial Till) Test Pit terminated on 3/22/88 at 8 feet below existing 10 — grade. No groundwater seepage was encountered during excavation. 15 — TEST PIT 28 DEPTH MOIST. (FOT.) (%) USCS DESCRIPTION ELEVATION= SM. . Brown, Gravelly, Very Silty SAND with some organics, : II Very Moist, Loose 23.3 - SM-. Gray/Tan, Gravelly, Silty SAND, Fine Grained, Saturated, " • Medium Dense (Weathered Glacial Till) 5 — _ Gray, Gravelly, Silty SAND, Very Moist, Very Dense : SMI:: (Glacial Till) Test Pit terminated on 3/23/88 at 8 feet below existing 10 -- grade. Heavy groundwater seepage was encountered during excavation. I5 — - TEST PIT LOGS GEOTECH SE 120TH STREET & DUVALL AVENUE SE 4 CONSULTANTS - RENTON , WASHINGTON � �y JOB NO. : 88050 I PLATE: 16 TEST PIT 29 LOGGED BY; DRW DEPTH MOIST, !(FT.) (%) USCS DESCRIPTION ELEVATION= 0 - : SMI:: Reddish Brown, Gravelly, Very Silty SAND with organics, iI Medium to Coarse Grained, Moist, Loose Tan/Gray, Gravelly, Silty SAND, Fine to Medium Grained, Medium Dense (Weathered Glacial Till) 5 _ 1 : : :: Gray, Gravelly, Silty SAND, Very Moist, Dense to Very Dense • SM.• (Glacial Till) - Test Pit terminated on 3/23/88 at 7 feet below existing grade. No groundwater seepage was encountered during 10 — excavation. 15 — TEST PIT .30 DEPTH MOIST. (FOT.) (%) USCS DESCRIPTION ELEVATION= PBlack, Silty SAND with or anics, Wet, Loose (Topsoil) • SM Reddish Brown, Very Silty SAND, Medium to Coarse Grained, 0 :•SP;r.\Wet, Loose — Gray, Gravelly SAND;with few cobbles, Coarse Grained, ::Saturated, Dense 5 — :SM:: Gray with Tan, Gravelly, Silty SAND, Wet, Very Dense : : . :: (Glacial Till) Test Pit terminated on 3/23/88 at 62 feet below existing grade. Groundwater seepage was encountered at 3 feet during excavation. 10 — 15 — TEST PIT LOGS ._411 GEOTECH SE 120TH STREET & DUVALL AVENUE SE CONSULTANTS RENTON, WASHINGTON JOB NO. : 88050 I PLATE: 17 TEST PIT 31 LOGGED BY: DRW DEPTH MOIST. (FT.) (%) USCS DESCRIPTION ELEVATION= 0 ?MI ':.Black, Silty SAND with organics, Wet, Loose (Topsoil) :SM: : Brown, Gravelly, Silty SAND, Saturated, Loose • Sp•: : Gray, Gravelly SAND with cobbles, Coarse Grained, Saturated, Dense 5 _ •ISMI•k,„ Gray, Gravelly, Silty SAND, Wet, Very Dense (Glacial Till) Test Pit terminated on 3/23/88 at 5 feet below existing grade. Heavy groundwater seepage was encountered at 3 feet during excavation. 10 • - 15 - TEST PIT 32 DEPTH MOIST. (FOT.) • VW USCS DESCRIPTION ELEVATION= SM : Brown, Gravelly, Silty SAND with slight tree and root debris, - • : Very Moist, Medium Dense (Fill : :: some lenses of Tan/Gray Fine Sand SM: Black/Reddish Brown, Silty SAND with some gravel, Wet, 5 -- '--- Loose . '-S Gray, Gravelly SAND, Wet, Medium Dense _ ML Mottled, Slightly Sandy SILT with small gravel, Very Moist, _ : :0: :\Medium Dense (Weathered Glacial Till) M : Tan/Gray, Gravelly, Silty SAND, Very Moist, Dense (Glacial Till) 10 -- Test Pit terminated on 3/23/88 at 9 feet below existing • grade. Groundwater seepage was encountered at 6 feet during excavation. 15 -- TEST PIT LOGS GEOTECH SE 120th STREET & DUVALL AVENUE SE CONSULTANTS RENTON , WASHINGTON :JOB NO. : 88050 PLATE• 18 j TEST PIT 33 LOGGED BY: DRW DEPT H MOIST. (FT.) (%) USCS DESCRIPTION ELEVATION: 0 . .,. . : $M : Reddish Brown, Gravelly, Very Silty SAND with organics, : -{:;: : Medium to Coarse Grained, Moisti Loose ` SM : Tan/Gray, Gravelly, Silty SAND, Fine Grained, Moist, :h: •.Medium Dense (Weathered Glacial Till) 5 — : SMi: Gray, Gravelly, Silty SAND, Moist, Very Dense I• (Glacial Till) Test Pit terminated on 3/23/88 at 62 feet below existing grade. No groundwater was encountered during excavation.. 10 I 5 — TEST PIT 34 DEPTH MOIST. (FOT.) (%) USCS DESCRIPTION ELEVATION: • •SM•' Black, Silty SAND with organics, Very Moist, Loose ( opsoil) Reddish Brown, Gravelly, Silty SAND, Medium to Coarse ..1.1. ..,Grained, Loose .:�.S4: Tan/Gray, Gravelly, Silty SAND, Medium Grained, Very _ .1• :.. Moist, Medium Dense (Weathered Glacial Till) 5 -- : M : Gray, Slightly Tan, Gravelly, Silty SAND, Moist, Very PPnsP, (Glacial Till) Test Pit terminated on 3/23/88 at 6 feet below existing grade. No groundwater seepage was encountered during _ excavation. 10 — • I — TEST PIT LOGS GEOTECH SE 120TH STREET & DUVALL AVENUE SE' CONSULTANTS RENTON, WASHINGTON JOB NO. : 88050 I PLATE: 19 I SIEVE ANALYSiSS ' HYDROMETER ANALYSIS 1 s, 517F IlF OPFNINC IN 1 HF5 I 11 OF MFSI- F�ER INf H 115 STn GRAIN SIZE IN MM Cm N- — N W ? (A o) 07 O N O O O O 9 Oiip O O b p O N- -- $ I� $ mO g O -O O -oo -OO . 0) AO w N - -- -- lo 90 no 80 \ 20 1 73 C cA O m 70 _ N : \ _ I 30 c� \ - IN :' �l 4 , z 60 �� 40 -1171 �x _ c -1 50 (27 '�-4 \ _ D 50 x) m Q �tr m 40 60 CD 30 . _ — . , 70 * 0 m �, m _ C m = 20 80 = txi -1 -I z fl ; 10 QQ _ 90 N \Q CO ZH ` = a 0 1 1 1 I I 1 f .1 1 1 1 I [ 'I I I 1 111 r El I �\ 00 �3 u) H O p O m O) A W N O 0D O, 4 'W N — aD in .p W jV - p O O O O O O O O O O O 10 o0 co 0) ? W N O o p 1-3 00 0 0 0 0 0 o GRAIN SIZE IN MILLIMETERS w N o V H COURSE I FINE COURSETMEDIUM I FINE FINES 2° N COBBLES GRAVEL SAND U' c a b x z H H Car" Ca" BORING/TEST PIT DEPTH ELEV. SAMPLE MOISTURE SYMBOL KEY SOIL CLASSIFICATION tii 8m - z a I / -° a 5. 7 5P/c, OHO Pc: Gra�{a1 Set v nd t /f� U S/771- c ' a ❑ N / 3- 3 4.7 Sp --,❑ G.-ave//y sa.iJ oEn / 71 i 1O.0 SA1 AFL\ 1/e r7 Si if Se? 41 crif4 Grave / C� yy (D a2 O— / 90 5P O''O ra de // Tsa4d ` SIEVE ANA YSI t HYDROMETER ANALYSIS I I 517E t]F []PFNING ZA 1n�HFS I ''_11Tffu1R (5F MF A RFR [AI`H TT� RTf) ° r,RdIN SI7F IN MM - — ¢ 3 ' O —f N OO OO OOOoNO OOO O$ bm ? il p11:3 0 N 100 a' { w N AI**. , a ' . . _ - i '.'J 9 0 t� 10 no 80 _ - - _ 20 zr m t CA O C) 30 0 CCi ® ® _ OP Z 60 _ _ 40 ' '3 0 1 .� G ' \ m 50 50 X Z co m _ m 40 \GI - 60 tD co _ -< 30 70 m m o _ _320 • 4 O G7 _ _ _ 80 = O H 10 - 90 • N.) , _ e Zx a 0 1 1 1 1 1 1 I 1 I. 1 l_ I i l I_ I 1 1 1 II 1 ' i•' 11 n 100 00 y cn Z O O O O O O O O O co T ;'' W N — o� ? w N — al O p w N - O O S 0 u, O O O z ;3 ci3 GRAIN SIZE IN MILLIMETERS cc?, ?, w 0- v R� N COBBLES COURSE I FINE COURSE (MEDIUM I FINE��r a tT GRAVEL SAND FINES t7 t" x C � y Z t" t9" BORING/TEST PIT DEPTH ELEV. SAMPLE MOISTURE SYMBOL KEY SOIL CLASSIFICATION t:] y t" I-Q z c H a /° / //6 5P/sM °� o Poo.^/cy (waded Sarid wi.h Si%f N rt a8 3s / .23.3 3A7 °�❑ Si/74y SQrid with Grave / rri cn !l*****A*******M1 ll !l M1 Jl A A A**A I. A*A*****ll h ]l A A A M1 A*!l***]l T A h*!.***!l F h h*A** City of Renton WA Reprinted: 08/26/97 14 :22 Receipt **************************************************************** Receipt Number: R9705436 Amount: 1, 529 .44 08/26/97 14 : 12 Payment Method: FIN Notation: NORTHWARD Init: LMN Project #: LUA97-124 Type: LUA Land Use Actions Location: NE 6TH ST WEST OF BREMERTON Total Fees: 1, 529 .44 This Payment 1, 529 .44 Total ALL Pmts: 1, 529 .44 Balance: . 00 **************************************************************** Account Code Description Amount 000 . 345 . 81 . 00 . 0007 Environmental Review 500 . 00 000 . 345 . 81 . 00 . 0017 Site Plan Approval 1, 000 . 00 000 . 05 . 519 . 90 .42 . 1 Postage 29 .44 RECEIVED AUG2 6 1997 DEVELOPMENT PLANNING CITY OF R!NTON