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HomeMy WebLinkAboutLUA-06-134_Report 1I/IL PARKLANE COURT A lei LOT PLAT A PORllON OF THE SE 1/4 OF THE IE 1/4 OF SEC1lON 15, TOWNHP ZI NOflTH. IWIClE S EAST, W.M. aTY OF FENTON, KNJ COIJITY, Wi'B INClTON = IIMCT I~ 111.AQr !QW rn£ AQII£ mAClS; ~ ro rHE Pl.AT 1'0RF" REtO'IQEll " KIUIE ,:1 or PIAT.S PA« ,m IN K1NG GDLWIY, IM5Nl\lilln:w. ---ICNOII ALL PEOPl£ BT 1W£SE PflDIE1m, lHAT 'tlE, THE IJNOERSIQNED OIIIIERS II FEE 5aW'I.E CF 1HE LAND HEREBY Pl..ATim, HEREBY OEO..W ~~~~~~Tl£AS~ttTHEIQE"':f~ USE THEJll£OF RlA AU. PUllUC HIGHWAY ~ M.S0 DIE IIGIHT TO MN([ AU. NECDSMY Sl.<PES RlA CUTS ANll ,U.S IFQH 1l£ Ul1S NCI aoai;s SH01t1 ON THIS Pl.AT M ltE ORllllNAl. ll:EASQIABLE GRADNQ t:, TH!: S1IIE£TIII ANll A-..iES SHOltl HEREON,. ANll F\JAlHEJI DEDICAlE/tEnrt' TO 1HE IJSE <F n£ PUii.JC, AU. 1HE u.se,um; SHOIN ON THIS Pl.AT f'OR AU. PlBJc: f'Uia"OSES AS NllCA 1ED 1tGEOII, INC.LONG BUT HOT Llll1ED 1t1 UTUTIES NCI DRMIAOE. i.N..ESS SU<»I EASE11181'TS ARE SP[('SICAU..'r IDENlFlm ON THIS Pl.ATM IEIC DEDKlA'IEll/CERlFlED OR OCM£'l'ED TO A PER90N OR OITllY Oli£R lHAH THE PUii.JC, IN ._ CASE WE DO ICltEBY DmlCAlE/CERTFY SI.la! s:TR£ET!l NCI EASEMENTS TO lHE PERSON Cft Dl11TY IOtNTIFED NCI f'OR THE PUIIPOSE STATED. IN 'a1'ESS Wo£JIEl'.lf" WE HAVE SET Q.ft HNC)S AND SEALS. " ., ,, STAlE <F IIAStalC10Nl "- ctUfTY OF KIND CN lMS DAY PERSGIALLY N'PEAftm IIERllt IIE _,.,. " _, ~ AND S.aRN ro BEFORE IE THIS ___ ,,_ ~·--=·" _________ _ ""''"' """" --" --"""" IIY N'PC.f!MEHT DfflES """"' "'------- STATE CY' WASHNGTON l "- """" " -ON 1tlS DAY F'ERSCNAu.Y APPEARED IIEFORE Iii£ ro ME KNOMt TO E 1HE INMl'.IUALS DESaaII IN ANll ~ DnJJ1EI) 1l£ ~ INSffllJlilEMT, NCI VlOtOW FDGfD THAT THE'!' 9GNEIJ Tl£ SAME AS tlS nl£!: ANll \Q.l.NTNO' -'CT ANll DEED, f'OR 1HE USES AND PURPOSES lHEJilOI - SUB9::Rll:D ANll ~ TO flEFlRE I« lHS _ DAY CF ___ .. _ ~·--=c"~--------= ~----------"""--------" -""""-----....., ., ______ _ --· "-DI FOR RECalD AT 11£ IIEQUEST t:, Tl£ CfTY (F IIENltN THIS ---DAY OF 20__. AT ---c-!!'!UTE:S PAST ---W. ANll RE0DRDED 91 \UJJIIE ~ CF PlAlS,. PACES ---RECOflOS OF KING COUNTY, DMSKlN (F REt:OROS ANll E.£C'TIONS CITY 0, llllfflll JJ I JIQ¥ALI Cl'N (F RENTCfl "LANNINO/BUl.lllHG,1>U(UC WCIRKS DEPARTl,EH ICWi9IEI) AND oi.Pf'RO.nl THIS ~AY Of" -----~ meemw EXANNED ANll Af'PRO\oEII THIS -----------...JY CF -----"'- "=--------~~WIii(=------ Cl1Y t, ~ PIWICI DIIIC'Nll"I CllnRM.• I HEREBY CBnl'Y THAT THERE ARE HO QO.MQlDT 9PEaAl. ASSDSIEllS MIO 1HAT All SPEIJAI.. ASSE:!l!IEITS C!ltTFED 10 11-E atY ~ FOR COU£C1!0N IJN Nff PROPER1Y HEREIN CONTMG DEDICATED fllR STREETS. AUE'l'!I OR OTHER Pl.a.JC USES ARE PAID N f\JU.. "" __ DAY OF--------~-- ... CCUITr PIIMCE DMICII mrJIIICA• I HEAEBY CBnl'Y ll-1AT ALL PMPERn' TAJC!S J,/1/£. P/IIO, lHAT lHERE J,/1/£. NO DEl..lHOU(NT SPEOAL ASSESSflOITS CEnl'IED TO ltlS OFFIC£ FOR C<l..LECTION AND l'HA T AU :!iPEOAL ASSESSISIT5 CEnl'IED 10 llllS OfflCE fllR CQJ.[ClJON OH Nff Of" THE PIQ>ERfY IIER£»I CIJNTAND. DEDICATED A$ S1REETS, AU..E't'S OR FOR OTHER Pl.a.IC USE AA£. PAI> !€JEN OONTMNED, llEDIC#lltD AS S1RIEtTS, '1U.£YS OR FOR OTHER PI..QJC USE ARE PAID IN fUI.L "" --"'"" ---------~- MANAQER, FIOHCE DIVISION DIP.JJt'IIIIIIT " & ens EXAAll€tl AND .u>PRO'o£D THS ~AY or -----"'- STATE or WA!ftNQ'RJNl n """"'"""' ON Tia, DAY l'Elt80NAu.Y APPEARED BErOftE ME -,.~ or lllAT SUIISCRIIED AND S'MRi TO BEl'ORE ME THIS 0/IY Of" ___ .. _ ~A•ru•"'~",--------- NOTARY PUB./C P!!INT NAME CF NOTARY PUB.IC MY N'PONTIENT EllPIRCS RESIDING AT------- ftMID-,UMJD .... Of L01I -10 L01I LOT AREAS ' ""' """" "" nmcrlPW'. 11111.MtA-a, CXMIJWII' THE OIIEt CF ntE LAND ~ IM111N lMS lOltQ Pl.AT , II E1.1RN FOR 1t£ IENEFIT TO ACaltlE ntOII lltlS 9l8'.IIWIICN, BY SkMN4I HEREON DOES l£RBIY CCN'IEY THE flDEFlOAt. .. 'IDIEST N M NEW o.sDElffi. >S SttOWi4 ON 'IMS LONG Pl..llf TO Hf'( AND AU. l'U1UIIE PURl>U,SER$ Of" M LO'IS, OR a, Nf'f RlfflO SUlllM!IIONS llCIIIEOF", lHIS CX'.MNANT SHAU. RUN YITH M LAND >S SHCNI ON lHS LONG PlAT. ......... I, 1."°91 H ~ Cl' Tits Pl.AT, 1IIACT 'A' IS HEREBY ~ AllD ~ 'IO 1tE PAIIICL.ANE COU'tT HCIIIEDVMla AIIOCIA'IICIN (HOA) FOR A SDlll1M Jll£A AU. NUEilSM'I' KAIN1EIWICE AClM1B FOR s,w 1ltACT a.a. 1£ lHE RESPCNSIIIJT'( Cl' lHE l«)A. N THE to.u!T '!HAT 1tE HOA 15 DISIDL\UI <Wt ona..: F/,U 10 MEET rn; PR0P£RTT TAX CIIJCIAllONS Ml EWlDIIU BY NON-PA'IIIDIT Of" PIIOPDTT TAllES FOR A PEIIICll or EIGlf1tEN (la) IICNlllS, no UQj I.OT II lllS PLAT SIW..I. ADM AllD HA'IIE All EQUAi. AND IINDl'GD ~ N THE 1IIACT PIIEWlU:9LY OIICI BY 1HE HOA NG HA\IE 1HE AT1EHDMT fllANCIAL. -IIMt10IMCE ~ z. la,(N THE IIECOftDNII OF lllS PLAT, 1ltACT 'II IS HEREBY OIWnm AllD CCN'ltl!tl TO 1t£ PAAIG..AIC COU'tT HCIIIEOIHJt!I ASSCQA'IICIN {ltDA) FOR A S'IIIIIII D£TENnClN 1RACT. ~ AND w.NllNAHC£ OF SAD 1ltACT 111AU. ETHE~ Of" 1Ht HO.+,, II 1Ht £\ClfT '!HAT 1Ht HOA 15 tnla.\UI OR O'ltlEll'M!E FMS 10 MEET ms JIIUIEiTY TAX OII.JOATICll!I Al E\UNCtD IIY __,,A'IMENT OF ~ TA>lt!I FOR A =~~JI~~ ~~ltlS~-:u- 1tE 1RACT PIIE'ltOUII.Y OIICI BY H HOA AND HA\IE lHE AT1EHDMT fllANCIAL. AllD lilAlfJSWIIX IElf'CINfllll..11£S. "'" m,o SOOAM FEET ---· "'" "" "'" "'" ..,. "" -"""" "" ""' 8011 $QUAR£ FEET <M• Mtl1 stJI.WiC F£ET LOT I ,n:,,, SQIJAR£ FEET LDT 10 """""""" -· 1r,flJII SQU/IM /'£ET ,,. f4DJ S/QUA/?£ FEET '"'~ ,.,.,., SQUAil£ F£ET ,..., fl,719 SQUARf: FffT I, 'tll..UMI 911.PE l<UIIIERQ, l£RBIY IEflF1' 1HAT MS PLAT or PAIIKI.ANE COURT IS SA!UI CN AN AC1UAL !IJlt'o£Y or 9EC1ION 1&, ltl'IIN!l9' 23 NClltlH, RANQE 5 EAST, W.M~ 1GND ~TY. ~ '!HAT 1HE C0MSD ANO OISTMKES ARE SH0111N CUHCll.Y l£IIEaN, '!HAT TiiE IIKINt.ltENTS -.J. E SET AND TH[ LOT CORNERS $THIE) CCRIECll.Y CIN THE OAOI.K) AND 1HAT I HA\IIE FUJ.Y oowum .-nl 1HE PltDWSICINS or M PLATll'IG REOOLA110NS. 'tll..UMI !HR lfOU&RO P.LS., CERllflCATE HO.lllJ,lTE:---- -· Baima & Holmberg Inc. llf0Ilflllt9 II ltrlTIY018 100 ,mn ftlllllft IIOU!B -.O-.m. 'halilDlfl'!01I NCM!7 (4a11,) 1112 -111110 ...CIB NC. .... atmal'tl ... NM/AMT IJSH ... I/IL ... PARKLANE COURT A Tel LOT PLAT A POIIT10N OF n£ £E 1/4 OF n£ IE 1/4 OF SECT10N 15, ~ 23 NORTH, RANGE 5 EAST, WM. aTY OF IBITON, KNl COIMY, WNJ. iNCJl'OII VICNTY MAP "" --Cllflllla lllllll .., r t, 8 r.r. ,., _ _..,.,.. Illa -~ IWVA7E oa.usnl' tMOltN1 lrR Mlll£S$, EORESS MID U11J1D IS nl BE. ~,m IJP(M 1HC .Ml£ OF um, SHOfl//N CN 1HS SHOffT PlAT. 1HC oae5" OF UTTS _, NtD • AND 1 SNM.I. /'4111[ NI LQML MID t.taMIIIED IN1E1IDrr IN 1HE OIINERSHF MID RE!JPON!i8D'I lrR IMIK1DWK£ CF 7H£ .l'lftlll IE" MUSS EASDll!Hf ~ IM!lr ~ MID IIA/NfENANC£ IEll'ONIBfl1ES JNa.lJIJ£ 7H£ ffD'MII MID IIMl1fNANC£ CF 1HE MIMll' ACa!SS" ~ - l'P£S MID Smtlt IIIUEt QUW7Y """"'°' OC1EN1KM FMVIIES .,_ HS CIUDIEN'J; FWl'll7E ~ MID ona ~ NOT 0#/ED BY 1HE al'Y CF 1IDfmll Cit 01Pa U1IJ1Y l'ltOll!lmS IINKrEHN#fZ CQS1J' JHAU. B£ l!iHNIB) EOIMU.Y. PMRN0 ON 11f£ l'.t\lW'., 1N[ Aaz:ss £A!iEJENT IS .-ioam>, IHLM .PAl&EHT 11:11H IS IH'A'IE'f 7HNf 20 FEET. ,.1 Aa£S5 EASEJIENT ~ ntAT $411 ~ Fat \oW.JliWIE CtWSIDSl!A~ IED'T CF IHQf IS Hl1IDl'f ~ hEIE9Y IIIIIIIN1S MID CCMEl'S M, ACUS5' EA5DD'T OtDt. ADll2S5; NtD IJl'aol 1Pf£ MIM!l' IJIW#ll,Q£ £ASl!lllll!1lfB $IIDM ON H FM'L OF 1HS ,u,r, l'fR NI DlfJINEDINfJ ~ ~ BY 1PE Cl1Y OF RDm1N,. A l&NCPAUTY QJIFQ'rAIXW' OF ffMO ccum: lrR H PRD,ET;'T ~ AS f'NlltUN£ GllUl'1' lrR 1Nf" 17\'Y OF 1IDfmll AS QltANE 10 EN1E1t Ul"O( SW ~ R1R 11E l"'LtPQS(" OF~ lllfD l#SllE.C1ING 11£ TAQIJJlt'.:S m ASSlJ/11£ IHAT ::;::,:t.,i:=~,r: ~~=,.=,~1HE --ff COIOWt1S >EJIEM CONTAINED .9MU. fffM JW1H 1HE" CAHO MID NI£ aatC IJPO,I 1HE ~ f15 ~ NtD AU. !UISE.OUtHT ~ 1MlllW'; Ftft£\U.. 14. #0 ~AJIQII' IIDll'\W. SIW.L 11£ MJblEIJ fmfN 7H£ ll£1tAHO OR fTS ASSOCMIW liUff1t 'flmt rHE EXCD'110N OF' P4M:EIQ.S Cit OSl'ASIP lllEES. AU. ~ iWO.ltlllt ~ ffllED l¥lOl'Ol!E1 m B£ 1E1101E1 RfQtl 1H£ IE'1lAM1 OR rrs A.SlltltVl1EIJ .,,a SNM.1. ~ A lE11Dt l'IIQIII A QIAUIE1 Mll!lllllST NtD llllLlD BE SlJB.ECT m ~ AND Al'ffiOW OF 1HE ~ 5IJftJl:D" - 75. JHElllt 9WL BE NO f1ll£CT IEHCl.t'.AR INOlfD1S Olt E0RESS IHt'nY ON10 lltWS Al!M.IE" R'IO/l/ lOTS ' -• AClC£SS m MID F1IOll l.QlS" I AND B $fW.L B£ lofA IE ,sr 1¥.NE. ,,. AN ~ )Ni £iUEjp'7 IS Hl1IDl'f carnnc ft) 1HC arr OF IIP'lrN, Cit llS SlJCDE55Dlr .AGEJrlCY, ~ ~ AOfCIS5 MID IJf'ON 1HE in RJOT 11111[" ,11'11MU'E IMllESS; E0RESS MID U1IJ1Y EA!J(MNT WJHH LOIS ., MID II MID 1 FfYl 11£ Pfll/lJOSE OF fol:PEl:'IM JHt .l'llnll,IE.Y ~Im, IIIWNTAINED AND JIEIDAl'lBI IJIIMIM1£ FAQ/..11D fDtTMtlD m£1l/!£M MID ~ Aaz:ss m '1HE l1t4CT !t' STt:IIIIMUElt D£ffNOON FAt:llJTr. " 0 10 20 ,40 SCALE 1• • «/ s " (P) PLAT CK PARKSIDE COURT VOL 207, PGS. 100-102 SECTION SUBDIVISION • V4 OP 8EC. 19, TUN. lll!E. aTfOF- .suM'l'DIMIIII.---- N.T.S. 17. ffE lo-FOOT Pl'IIYA I!' ~ EAIIEJENT rtl1HM LaT 4 e MID 10 ,s RJlt 1IE SNETIT OF NJ. t.01S tJF 'MS PLJI r. 71#fJ411C/ A 3-1/Y DdllED ~ DISC W1H A PUNCH -tw ~ S'IIIIEE'T!il/RFACE AT 1HE CCNS1RUC1fll ~ OF N.C 41H SMErT ($L 1U1H $IIIU1') NID 1401H AIEME SL OIM1'5 OF~ W1S 5H4I.L 11£ ~ RJlt 1HE. -'fEIUNCE tJF JHAT 1'0R1fOi tJF IHE D/ltNIINJ£ F'M:1.111ES' 1HE'f HAIE ISDTr OF I.ISi; A/1111 5IW..L iw..u. Y 5'WIE" IN 1IE IINN1ENNICC OF 1HAT POROON QF 1H£ D/ltNIINJ£ F'M:ll.fJID USO IN OOIM1lil. 14 IH£ IWfltUN£ COURT~ 11.SSiOCMIJQlj' IMS £STMUSN!D --------- ffl. IWVA1E ~ £ASDIHT 1IE ~ F'N2111B ~Im~ 'RE l"RNl1E £AIIEJIEN1S li1KJl#I UN H JllAT 5H4I.L 11£ ~ OllfllrAQ AHD IIINIITNIIED IIY IHE ~ AnOCAOON Qll£AIGI Fr/It HS Pl.AT. H ~'S ASSOOAftl:W 5IW..L BE t:SrNII.JSIO IN IICOlftWIIJCE WflH ...-D .sTA1E' '-'• IHE QTY OF RENTCIN 5IW..L IMIE 1PE IIOlfT 10 EH1ER 5"" CA:DIE1(1S 10 filD'MII NtY De1QIDIQ£S tJF Tlf£ ~ rADlJTY IH IHE £tENT 1HE. ~ llt/M£ J€aJ(1£NT IN H ~ OF 1HE Olr,V,'A,;;c F'AaUTE. »eE filD'MIIS SHNJ. .. AT IHE t1IWEl'r.$ t:m'T. .. , ,. ~ m PS£ £4SDillltT. IElli$ AND inoollOd Frllt A m, mor 1111£ £ASEJENT. AS IXWSll'M:i7ED at m BE ~ tMJDr IE:. ND. MCfC ea 2. tiUB.ECT m COIOWffli. CONDl1K1NS NiD RES1RIC1IONS I.NIOf /EC NO. ~ ---F00N0 A :S-'1A T MASS DISC CW CONCIICIE S1REET sui,-A(% AT IHE ~ NTDf!IEC1ION OF NL f~ S1REET (S£ 12tflH ~ NID r«nH AIEM£ $.£.. ---rouHO A r• Sl!E. f'tl'£ WflH PW0 NID TAQt DOfW o.e' IN A IIOMIIIDfr CASIE" AT H ~ It~ OF U I.JIIJH S1llEE'T AHD 1441H AIEME <£ -·-~!GI EAS1 LINE OF 1HE H.£. 1/4 OF SECOON 15--2:1-5. SM N OO'f .. 44° E l'El'i' 1HE .-UT OF PAIIK!IOE COURT IH KUM' N!7 OF ,cur._. PAGES 100-rm. ..... ~ ... IH51IMIIDIT USl'D; ., SEmCI mrAL STAIIIX IJlU1$ ~ IMS tl'f ao5m lRAloEt5£ u.Gf'S ,,._., CUt5UI£ OF UXPS IMS 1:2£~ IN A~ WIH IMC ,,,_,,...... ••01••••1 111 •u•••Yoa1 10D nnat ._ IOUIII ~ YdlllllffllX tllORT (411) Ml -Ol60 ..OB rt1 2-469-001 D'w'G. rt1 2-469- awN b IHDIII b lll'lm __,.. MM/AMT 'wSH 8-UH)6 2 IT 3 ... .... --PARKLANE COURT A 1cN LOT Pl.AT A POfl110N OF THE SE 1/4 OF THE IE 1/4 OF SEC110N 15, TOWIB F ZI NOIIIH, RANCE 5 EAST, WM. arY OF FENTQlf, KNQ COlMY, WNJ atarTON .arrtrr. c,, • ,--y-----, J r--------- ___ -----1..._ ___ _ {!) iii . 0 15 ;,o ~ ··- 9CME ,. -f/11 ·-------- TL-..;,._ -------- S £. 116TH YI (S.f.'. 2ND Pl.A( t.1 . . I ,,..,....,. ... --1 : ! : I' a ....... --- - s I ~re f\. I i=n~-'"\J.----._,,,=,--'Yl-_-.-.ww aRlo£ TAIJt£ lEHG1H RADIUS C1 .JJ.27 25.00 C2 ~ .. .. 00 C, ..... .. oo C< <J.79 100.00 '"" ........ _,..._,. • DEW 11959•,u• 07TJ1'(U" .25·4J'.1r 25'05'2<r N.LJND ST. (S.E. 132ND ST.) ., ... ' ,.XCGTNO.IM-I L •. IIEMtW !iHORr PUr utA t-1!0-SHl'l Rre HO,~ ... ---------, : it: !&~ 7 i: ... ,_.:, ..... nP. .IZIJ _ I~ IIUEI' ----------:-; -,.---~-- A:::~.: ... -:-:..-•- NA nvc Ai'OW11t PROJFCP £1 seer < ,. I 1 ;c-1 fl ' I ! ~ I ' C ~ THE NA 111,£" GROWTH PR01E:C710N CASEMENT {NGPE) ON THIS .Pt.AT /0£N11F1£S THE: ~QUIRED ltE1LANO BUFFER AREA FOR THE IIE11.ANOS. THE CR£A 710N OF TH£ NA 111/F GROWTH PROTECTION E'ASEJIENT {HOF£) COVYE"l'S TO THC PUBLIC A 8£NEFIOAL IN1R£Si IN THE LAND WITHIN THE £4SEMENT AR£A. THIS INTREST SHALL B£ FOR THE PURPOSE OF PRES£R'IANG NA.111,£" IIE'GfTA11CW FOR THE CCIN'TRa. OF SURFACE WA1E'R AND EROSION, MAJNTENANC£ OF SI.OPE STABIUTY. lfSUAL AND AURAL BUF'FFR/NG. AND PROTCCOON OF PLANT ANO ANJIIAL HABTAT. THE NA.111,£" GROwrH PRO'Til:11fM EASEMENT 11t1POSES UPON ALL PRESENT AND FU'TIJRE 0~ AND OCCUPICRS OF THC EASEJl£NT AREA ENF0RC£ABLE ON BEHALF OF 'THE PUBUC BY 1HE QTY OF RENTON TO t.£0£ UNOISTVRBED ALL ~ AND OTHC/l ~A11CW Wf1H1N TH£ EASEMENT MCA. 1HE IIE'GfTA11CW WITHIN THE NOP£ MAY NOT BE cur. PRUN£D, co~ BY F1U., REMOLED OR DAMAGED. l#THOUT THE CXPRCSSED WRfT1EN PERMfSSION FROM THE OTY OF RENTON. THE RIGHT OF fNTRY GR~'TED HEREIN SHALL APPLY ro 1HE ArENrs, REPRE'SENTATII/F AND EJJPI..OYETS OF THE DIINERS DR SUBS£(JVENT OIWERS OF THE: UNOERL 't1NG PROPERTY. "' .,. 100.00 02-a'2r _ .. --C6 :D.87 2'00 91'22'27" Baima & Hol111ber1 Inc. c, :D.27 2000 srow'1o" 11:•01••11:••" .V.Tll:TOS8 C8 :JB.67 25.00 8837':JY 11111 ,..r anal' IIOUlll IBM!V.'8. DIBmllDII' NCNl'I' (.tlG) --CIIIIO ... ..DB l«J. 2469-001 ... 'G. ..... 2'""-""" _ .. 1-'" 1-I..,. MM/i'IMTI VSH s-1e-Ol. 3 CF 3 0 .· ·~ .. " \ DI ,,, "' l ' ~ _, ,, Maplewood Moplewoud ,., Neighborhood P Q r k Ne,ghborh~oc '~' I~) ... ...,. ... .,,,._ -=- LU.foe-~4=P ~." PARKLANE COURT A TEN LOT PLA l VCL PG, 2'-lo 015 .:A,PORTION OF THE SE 1/4 OF THE NE 1/4 OF 8ECl10N 15, TO "NSt-lP 23 NORTH, RANGE 5 EAST, W.M. . .. CITY OF RENTON, KING COUNTY, V,, 1 SHINOTON LEGAL DESCR1P11QN \,,. mAcT 12. Bl.Ao;!< lJ~M nl/!:· ACf\E 1il~c1s. I'. '~~ORDING TO ~[ PlAl ,lflEREOS .t<'ECOlaOEO • ." ~~"W'"N~~·~~;~~T5::.PAGC '?'H KlHG ;.' DEDICA 110N/CER~ritA."JtON _.,:" :.· .:. _..,· :: , J\I ALL P[OPLE BY TH[si:".PRESCNTS lliAT Wf.. mt UHOEH~(;HtO .; OllllERS IN r!:E SMP\.E Of THE LA .D.i1ER~BY P\.J\TT(O. HERl<'Y ot:QAP,l: THIS PLAT A1>V OE1!1CUE/C(RTIFY 10'.JHl U"i(° OF T_l<[ PUBL~ rt)ll[\,'F/l: ALL SmEETS A110 A\IENUES NOT SH0\11'[.-',S PRl\/,0.~·HEREON:,AH(I 11-l!; ~~ M:iR~:: ~fa~~:1~&,~~::i;~:\~f~\~:GlrF'O~ ~,, L01S •ND Ri.OCKS SHO\'<N c,t, TI-IIS PLAT IN THE ORIC,~Al R[ASUHABlE CRAOING OF THE smEElS lo.NO ,\IENUES·"$HO\l,!,I HEREON .....0 f\JllTHER D[DICATE/ctRllf"Y TO THE USE: OF ""IE ~euc. -"LL THE EASE .. E,.rs SHOVIOI ON TI-IIS PlAT FOR All PUBLIC '?\)RPOS[S •s IN:llCATEO TI-IEREON INCl.'.JD4NC BUT NOT ll ... lTEO ro unvnt:s. AND ~AINAGE. UHL[S.S SUCl-l EASE'-'ENTS ~RE Sf'EGlflCALl Y IOENllFIEC, ON THIS PLAT AS B<JNC O£DICATEO/CER11F1W QR CON'/1::YEO 10 ~ PERSON OR EH111V 0T~£R mm lJ-lE PU6l<C. IN '/llj'CH C~SE "!: DO -te:REB~ oa:ocHE/CERl'fY SUCH STREETS ,O.NO EASEM£~1S 10 ll<E F[RSQN OR £Nllfv 10ENllf1£D A~O fOR l><E PURF'OS[ s1,ito J;:,,-:: /JC' :.,.ej On' Of RENTON APPROVALS /-/I./ ~ V< e, --~~..:_________ __ 1 07 /~E~AUlrn H'-ll,IES, L.l.C., A WASHl~~](!t, UMIT[D LIABl'.ITY C[)l.<PANY " -~fi,,~_.,.;,f.X/o7 v, S>lliii,1()'1 FE:DERAL SA,,,,.CS •NO IOAN .issOCl~·:t:9:'I BJ< ----------~----~· --- ST,O.:'£ Of 'll>SHINCT<)Nl ,,· "· co .. mTY QI' KINC .... , .••• ,).1,~:E OF "'•SfllNGTQN I SS / CO~>lelJ OF KINC ON 1H11°·:,.0.y pa,so•,1n ,,pga,o BErO~[ '-'E ----.:;.-K"Q"" TO 80 _ ---=, •• •'.~CUTU) <l"'E f(lf,EG()IN~ ltlS1RU ... [~[. AN~ TH,O.T ~NOl\l.£~0 SAIO ,NSTl'U~E:NT 1~ eE 'HE FR(£ Al,ID \'OLIJNTARY ~er ASO CErn Of 5>10 {OR,ORAnON FOi' n<E c.li(s I.NO PLRPOSCS 1-,rne:,H UEIITIOflEtl I.ND P°N OAII< $TATc0 1'1-',fll!'/Sl<C.,WAS AU,H(>'ll[O 10 "tX[CUll ~AIO .. ~,~u.,rnr ,, .. . ~ I.NO ll!{'H TC BE~Cf'IE 1,1e: Tl-IS ~0,0.Y,; :.' suesc,:,Srn.:A;.;, S\IKl~N ro Bl';·&,~, IH S • " :~:-~JL;,,_ /l~~..:__.'''':''" -~"--,0- 20 _,-~fty~lJ~~ll · Nr N,o.ME OI' ,. • PRl~T Ni..i:.t. of ARY PUBU~ .:5h:vj04 ( '" ~,.,,, .. r.OTARY "(·A(\\: Al'PO'Nl'-'ENl ():F'1AES 'KIM fctt "' APP•:<>Jl',lcfH ><PIR(S CINC AT~(...--·:., .• " S[S'Dll<G t,T ___ / ---~ ,; SlM"E Of' '11AS1<1HCT(W l ss COUN n OI" KING ~~.RS~YUP~~ TO '-'E ~NQi,1,1 TO EIE THE INt>l'"'DUALS OESCRleEO .. l ANO >11<0 U(C'Jl(ll n•r rOllEGOl~C IHSffiur.1£N•. ANO ,o.CKNO~EDGEO ll<H Tl<EY Sl(,N(O lHE SA.ME AS HIS mer AtiU VOUINTA~Y ACl MO {)E[O, ~OR THE USES ,O.HO PURPn<:i:5 THEREIN ~rnllONlD Sl:··:~:;ES -.::··4.J ,o,CRES NUMBER O· LOTS ~· 10 LOTS' LOT AF.EAS I ~,;oc~,==~~e,~;e~$~i.•,c,,,c,c,cu--'"--' ., e'c°'c'~+--'c'c"c'c°"c''-''~''c" __ ._ e'c°'-'~+c"c"~O ~QUAPE 'E T ',',c'c"-1~'>'ca•·•w''~~C.'="·'---~ LOT 10 7>9fl SCIJ>•C FEC eai ~01.sr Hbrr . rn·s s~;,>;,e:', IS B,O.S[Q .i:ipoo rii'E LEGAi;:C1EsCAIP1lON ·:, CONl.tJH(D v,m.,N A TlTl[ R[~ORT ?!1,,.,,(1[0 BY CK1CAGO •·TITLE COUPANY, OF:0~ NO. 1"215~ ,fil( DOONOARY CQRN[R PREPARED BY ·:tr;~;~~OTE~~~J~\ ~~~01:~E~[~~GO~htlJ~ES DO NOT P""'POf'T .n:> SH~ OIW'!EllSl-llP L1NES THAI MAY OTH[RVdsE:·.l!E D£!ERM1NW ev,. <;IJURT (T '.AYI DE CLARA TlOH Of ~tiA~T THE 0\1,MR Of 1"E U.."10 EWi'!Actll WITHIN lHIS \.ONO PlM • IN AE11JRN FOO Tl-IE BEHEfll TO ACCRUE FROt.l Tr!IS SUro\llSION. BY SK.HIHG HEREON ODES HERE:BY COl<l'EY THE 8'!:HEFICl.ll. !NlEREST IN Tr!E HEW E,0,SE;MENTS ,s 5HO'ffl'I ON Tl<IS LO/.IG PLAl 10 M<Y AHO ALL r\!lUAE PURCHASERS or TH[ LOTS. Cf< or ANY ~VRT!<EA SIJB()1'1510NS THEREOF. THIS COl'ENANT Sl<All Rl'N WITH THE LA>ID ,0.5 Sl<Ol'<N ON ll<•S LONG PLH. RESTRICTIONS I UPON TH[ Re:COA~NC ~ ll<'S PLAT, TRACT 'A' lS HEREBY C!l..NTEO AND C(ll'<"/EY[O TO ll<E PAll~L...,.E COIJIT HOI.IEO'illmts A~SOCIHOfl (HOA) FOR A 5/:NSITil'E AA;:A. ALL N[ct5SAHY ~/JNlENI.NCE A[O>lll[S F(>1 SAID TRACT IMLL BE TH[ RE'.1'00<Sl9'UTr OF THE MCA 1U TH( (\'O," THAT n<E HOA IS CISSU.VEO (>1 011-lU,'lolSE rAIL5 10 WE[T ITS PROPERTY TA~ OBLIGATIONS AS E'~PENCEO BY NON-PA ..... Etn C1F PRCPERH T,O.>tS FOR ,o. PERIO" Of £1GHTEEH (18) MONTHS. TIEN EA01 \.OT IN TH•S PCAT SHALL ASS\Jl,IE ,O.HC 11Al'E ll1 [Q\/Al AM() L,i,/04110!:0 OWNE!IS>IIP IU 11!£ lH•Cf P'tEll(K]Sl )" OVINEO BY TH.I: HOA ANO HAIi!: T-E •n[NOANI FJ<I.NCI/..L ,O.NO ~AINTEN•Nct RESP0HS.EQUTIES. TIIACT 'A SMlt HOT BE SOI.D !iEP[RAIELY. U~ON THE RECOROl<C CIF Tl<IS PLH. TR•n ·n IS IIEREBY (:flUO(O •HO CON\IEY!:D TO TH[ PAAKLA>•E COURT IIOl,OEOWl'!ERS ,o.ssoo1onoN (>IOA) rOR .. ·.·STOR~ DETENTIOIJ m1oc1. OiliNERSHIP MO M•\l>IT(HI.NCE: OF s•10 )R,\CT Sl1/..LL BE THE RES!>C«S1BIU'Y QI' THE HO,. I< THE EWH lHU THl;·HOA IS 0155U.l'E:0 Ot't QTH(RIMSE f,0.ILS 10 M'E;f.1 115 PROP(RlY lA~ O!ll\!;Ano><S •S [\oltJE:HC(O 0¥ NOM-FA\"IJ[~T Of PROl'[RTr 1.X(S FOR A P(l<lbo CIF_~\Q<TllH (le) MONTl<S. "THW E•CH LOT IN THIS Pl>! SHALL ASSl.'M,li';r.,,..o·l'IA\IE Atl EOUAL ""10 ~NOl\00[~ OWN(RSttlP IUTES:ESI lN TH[ 'Woe, PAE"'OIJ~ y CVIN[O BY "THE HOJo A>.~ IIA\/E 111!: •nn10ANT 'INI.NCIAL ANO M,lj~TEH>NC( RESl'ONSIB>LlllES TI!AC' 'D' SllALL HOT BE SOLO sEPLRATllY Inc. Baima & Holmberg ----------'-,-"--~·-. .. .. CMG!MEEl!S ~ SURV°C._'10Rs:.' .:· ·:·,' 100 TI!ONT 6"TREE'" ~QUTII 15SM1UAH. WASHltlGTON" gea27 .-.1~2~) 3112 -02!:i(I JOI! ND. 21.6',-001 iiv.G .. 246':ltGOlrP DRA\IN BY• H'I/Af-lT DA~E, a-18-06 "SHtET, ,. RE:V1 12-28-06 J D~. 4 1001 oaz o,,.m.51 PARKLANE COURT A TEN LOT PLAT .~ PORTION OF THE SE 1/4 OF THE NE 1/ 4 OF SECTlON 15, TOWNSI-IP .23 NORTH, RANGE 5 EAST, WM. . CITY OF RENTON. KING COUNTY, WASHIOOTON ,- J--,C...C--'--,-1-,,,,,::·,,rn,ua,c·~+-----1 ~ S.E. JeTII Sl VICINITY MAP NOTES -CONTINUED FROI.I SHEET 1 OF l " m ~: :40' " IU. 4TH STREET 8.E. 128TH BTAEl!T 6 .96' C(NTER Of S(C tl88'2i"O:t"W (P) VOL PO 10. ..CW PIIV,1.l( EAKWlNT rCIIII 1NCKD. ['11'1£SS I.NJ E. 1/4 Cr;IIH(R "1SIIEO SEPl. 2004 Vl'I.Jll[S lilMN'!PIANClt AQlll!DIDll NOll: 11(\1 PR1V.Tf HQUS,\.£ EASOIENf FCA 1...;:RESS. (Gll(SS AND UTILITIES •s TU BE CREATED UPON lHE S"l.E ~ LOTS SHOM•Hl/4 Tl<IS SHORT PLAT. 11<[ O'IINERS or LOT$ 5 ANO 6 AND 7 SHALL ~A'IE All EQUI,£' kf'ltl UNOIYIOEO INTtREST IN TH( 01,i;CRSHIP ::u:~:~l'1rrr!:~E ~~~~~~~.!:i ~"!t1'~,.,cgsR\~:~~~JnES IUO..UOE ll<E MPl,IR AHO IJ..,NTENANC£ 9' Tl!E PRIVATE'·A\;CESS ROAD, O~AINACE: l'lf'[S A\ STCAU WATER QUALITY .WD/00 OETENTIO'I rAcl\)'[l[S 1,rn11t1 fl<IS US!: ... E>H. PRWAI( SJGIIAGE. AND OTI<ER' ltlFRASTR\JCTURE NW OWNED BY lHE CITY Of R(NTOH Of! Oll<Ell UTILITY P~\IYIOERS. ... ... NTENANCE:·:cosrs SH.o.LJ. BE SHARED EDVALL Y. PAl!KIMC OM THE ~ ... \'ING ti TH~ ~occss USE .. fNI IS PA~lalll:O. UNLESS P~.._. 'MOTIi' IS GR£All:lf0·1;.IAN 20 Ft:(I: ACCESS U.SEMENT . ..'" _.;.'-" ··::._ :_.. \IIITHESSETH 1HAT S<IO c~ ... TOR<SJ,:'°rOR ~IJ.U/,,9'U COH~R"-TI(Wo<;·.RECE:IPl Of" -CH ,s HCJ!(~Y o.cl(NO"ffl.WCW. HEREBY GR ... TS lo!OD COH\£YS-".o.>! ACCESS EASl:M~T 0\'ER, ACROSS. N-10 UPOI'< THE ~1¥ATC ORAINAO[ tAS(\IENT$ S,,01\N ON-.''mt fACt;:0, THIS "'Al. P(R AN ENGll,IE[~NG rL•N loP~101/EO BY TH[ (.HY Of' 'IOll<;>H. A \l\kJl,;if>Al,rt COl';f'ORATICtl ()F" KING COUNTI', HIR THE r J£CT KIIO'IIN AS PARKLAl'lE.COVRf F"<:fl J+i( CITI' OF,_;R£NTOH ~ c;Fi.lJ<lEE, TO ENTER UPON 5~,D ~~~~~~:~E!E .:;~:~r: ~~i~~~;~"tt~,;,1;~y :,~:~~Tl(..5Nci0 .. :~~A~;H~~E ~~~0:1 r~~(i:;s Pl!IIW~lll 10 ll<[ _fBO\IE REF"~ce:o Pl~ .IJ<D ::~l~(~}O,THIN SAID THE COVENANTS >11:REI~ o6M1AIMEO SA·~u.. RUN ile~ THE ~ l,r;tl_.~·RE BIMO<NG UP~'. JHE Gl!Al'HCl'(S). ITS H~\IOS. AMO Al.I. ~tHl OIIIHER{,S) TH~EOI', FORE\Ul. • ,2 NO 111:<)(UTION REMO¥AL 0 ~i.l/,.l. BE 4U.OWEO MTHIN ™E ~Tl. ... ~ OR ITS ,,'SSOi;v.rro BUFrER "'™ THE EXCE!'ll()li or DANOEROOS 00 DISEA,;to Tllll:s. ALL p,lticcRO>Os ANO/<:fl DISEASED TREES PROP~ TO OE REUOvEO .fl!(»J ll,jt Kn.A~ 00 Hf •SSOOA"l'E:0 BU>l'ER S>VJ.l REQUII\;: . .& i.ETTEl1 fR(l,I:"/, OUA\)Fl[D ARB¢R,ST /.NO, ~s'f'ON~E SU6.JECT TO lMSPi'CTIOH i.1-lQ,~f,~.~f!_'(.lt·"OF D<E -~E\IELOP1NT SERfES n. THrnE S!<.&lL BE "0 OIFlfCT \IEHICU~AR tlG~E5S OR EGRES~:.o,RtCTLtDNTij.'t'~s ./· ./' A\/[NU( FROM L01S I AND 6 =ss TD mo fROM l.OlS r_".ANO 6 si-1•1.TBE \ilA ~)1sfrLAOE. 14 .&~ 0\/EAL YINO EASEMtNT 15 i<EREBY Ci'.1'<V!:"i£ll TO n<E CITY ."Qr RENTON. OR ITS .,;." · SUCCE'550R •GENCY, OVER. UNDrn, .&CROSS •ND UPOfl 11-£ 21,;FQOT WllE PRIVA:I[ ,"." INGRESS. EGRESS ANO UllUTI' EASEl.ltNT WTHIN LOIS 5 M<O 6 ~ 7 FOR lH~:'pllflP~E or ~;f;:;; ;:'l£J"Rt:i.6l;A=~~~·c~:i~T:E!t'~:g~~os1°o~~~.ti·;~~;~ fACIUJY. 15. THE 10-rOOT PRIVATE [)11,1.CNAGf EASELtENT -..,rn,M LOT s. g AND 10 ,s FOR THE ocNir'IT Of" ~Lf,rn-ii:·oc THIS TI-IE OIW<EAS Of" SAID LOlS SHALL BE RESPOHSl8LE FOR THE \IAINTENANCE Qr Tl<AT PdATlo,,i Of" THE OflAINAGE FACIUTIES lHEY H.l.'4 BENEFIT or vst. .... o SHALL EOIJ.IJ.LY SHARE I"! nlE U<INTEMAMCE: Of" THAT PORllON Of' lHE DRAINAGE FAOUTlES US£0 IN COM\IDN •" 16 lHE PARKLANE COOR' HOMEO"""El'S ASSOCIATION w~s ESM8L'Sl<E0 ________ ··,~~-·~-··'' 17 PRIVA1'E: OA.&IMAGE HSFMENT THE ORAlNAG[ FACILITIES LOCATI:D WTHIN lliE PRIVATE EASl'MENTS SHOVIN ON THE FLA[ S~<IJ.L BC OWF~, CPE:RAITO. ANO ll(AINTAI.U:o BY JH( HOMEO~[R"S ASSOCIATION CAOlEO rr:11 llilS PLAT. THE HDl,£0'1,1,[R'S ASS00A1l0H Sl<<IJ.L BE ESTABUSHEO IH ACC0R0AHC£ '111TH WASHIHGTOH STAlE LAW i!E CHY or RE~TOH SHAU. HAV. 111[ RIGllf TO EMTE~ Si.JO [ASE"\lrNTS TO RErAlfl ANY OEFICIE;,<tiE~ OF Tl-<[ O~AI .... OE FAatJIY ti Tl-IE [\/ENT Tl-!E OWNER(S) IS/~R( N£GI.JG£NT IN THE \l.&INl(NANGE or Tl<f r,RAl'IAOE rACIUTICS. lll(S£ REPAl~S S>IALL BE H THE OVIN[R'S COST ,~. DECl.~RAOC,., or RES1111Cnvt: lREE f'VNTIHC CO\'l:N~MT IS RECOROEO UNOEN ~INC COJNTr R(C<JSO>L~ f,U~Bn £X'1PDQNS 00 DD£ , SU0£CT IIJ PSE [ASEll(ENT. T[RldS AND OONOITI<:WS FOR A ITN fOOT 'MOE t•SEMEtn. AS coosmu:rro OIi TO eE ct:tlSl'WCTEO. UNODI REC. NO. 200W3QW00028i 2. 5UB£Cf TO COVENAll1S. CCtlD'IIONS •HD JlfSll!ICTIONS UNDER REC. RO. MOJz.1060~ J SIJB.l(CT TO lERld ANO CONDITIONS o, NCTIC( or CHAROF.:S BY \\~TE~. SElltR AND/OR STQl!la >N) SUREACE WATER 'JTIUllES UMDER REC. NO. 96062109';6 ,,, ,:·LEGEND (P) .".PLAT OF PARKSIDE COV~T . VOL. '.07, PGS. 100-102 SECTION SUBDIVISION NE 11• OF $EC. 111, T:a3N, R!SI!. ~·ii,··"QF RENTON -SURVEY CONTROL NETWORK . cON'l1t 0 0L No •. :\~~ foui~ A J-,;~: OOll~;:BRAVi OjSC \llllH A PUNCH ~AliK OH (X)f'li::RETE s:mEET SJjRf,',CE AT THE -~'~i;irrt ... ~~j:01: ;Ni::·:J~ STREET (SE \ON-· ;_· NO •. 1~2 ,. ' .. H.T.S ·;,,;j'tiu\ ~-,,;_:, 8R~-~ OISC ~·-C.ct-lCRETC s111Etr , SURF"AC[ AT -Ulc COl-t!llRUOlW.1IHEfi~IION or Hi(: •lH·SlRErT .C:E, 1:;:&"rn 51"1:E.1) A~:> 1.81'1 A\IEN\JE S.E ·';: .:· .:· CPtHR01/No •. 2,o~ ,~N~.-./1· sil~L ~E ~ilH PLUC.i'..o w,:/0,..,,.,,. .~~· IH ~ U{)MUMEtii,1 ~ASE j~ lHE ~TRUCTI:.0" ."· IHT[RS!:C'10ll 0 0f S.E: 1)6TH STRol:T Al-lO µ,1111 A-.t:ffJE S.[ .. . .. > 8AS1S OF BEARING · .... :: :: .: UOHUl.!ti;Trn EAST UM[ OI' 11-!E kE.".~/< lJf JiECTIOM : ,~-23-~. BEING N w,~···· E f'EH 1)<[ PL>,1 Of PARK5IO[ COURT lN v.ol.U~E 207 Of' PLA1'S,'.l'AGE: .:" IOJ-102 " PREPARED BY 8£NCHt,V,Ak CllY OF RENTON COtiTROI. NC 21(1< '""" INSTRUMENTATION IHSlURlJENT USED: ~ SECOND TOTAL STAll(t< ,•~fo'{·ii.rl>)l!:v WAS 0¥ ClOSE) 111Al'EIISI: LLOFS. MIN™'JM ClOSURE or lOOPS WAS \: 22.000. •H ~<ll::.OROANCE WITH WAC JJ2-1JD-0li0 " Baima & Holmberg In¢. [HCINttRS ~ SUJIVt''fOR9 100 fl!ONT 5THE!.f SOUTH 1-SSAQUAH, fll.SHIJ!G'roR gecz;, :(~~) 3{12 -owi:i JOB NI] 2469-00! ri~, N ;:· 2469_:~0lFP DRAlJH BY• Cf£CICED BY• DATE, 9-!9-06 sHEtr, :: HM/AMT l.'SH R(V, \2-28-06 2 Df':··. 4 " PARKLANE COURT .·.. A TEN LOT PLAT . :.A POATION OF THE SE 1/4 OF THE NE 1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. ·:. CITY OF RENTON, KING COUNn', WASHNGTON _J o 15 .lo I I ~I : ii ~' ~! -~ I 1;; i --j I I I OTY or RfNTOl'I ~'i.£. 116TH ST. :: ~OH_!Fl~-2104 _,,_ (S.E.2NDPIACE) ____j· -N u·2v·o1"W6i<.s<·(coii[J -,-----_ _ --. -----~ _ · · ! N M"2~'02"W 8G4905'(C) N 8!1"1902" W 68\.56"(CO~) f-_. _ ' 1326 5.l'(M) N !8"19"02" W 8G1.6i5'(C) . CURVE TABLE LENGTH Rn1us OELTI>. Cl 39.27 25.00 59·59'H" " 5.51 45.00 01·01'04" " 20.99 4~.00 26'4J'J7" C< 43.79 ICO.O•J 2sus·20· C, 4.26 100.00 02'26'27" " Js.e1 25.00 91'22'27" " 39 27 25.00 90·00'10" CB 38 67 25.00 88"J7'J3" NAn,1£··:GRo·wrn -PBore;bnoN·: EASfMrN:i'twACr ··:·: .... THC NATIVE GR61'(TH f.RoTECT/{)N EAstMEt•H ~NGPt}.:.'.JN.:'THIS PLAT IOENTir(E;s THE REQUIRED \YEnAND 81.JFFER AREA FQf'('TIJ[ m;TL.JiNDS. J;°I[ CR~;,.TION d~ .JHE NATIVE •• .C,ROWTH 0 f".ROTEC}ION EASEMENT (NGPE) CONVEYS TO Tl-I[ PUBLIC A :8[N[Flr;IAL IN1(R[ST IN JtiE LAND.,'MTI-1\t,1 THE t11srntt:1:r AREA. TI11S IN1EREST SHA.LL BE FOR nit.PURP'(lSE OF.'."PR(Sf;-R"1.~G f.lATIV[ '~9(rATION_:_f"OR.:'11-i["°E'{;,JHROL OF Sv•rFACE WATER AND EROSION,.~JIINTENR<ICE o(-Sl;OPE ST$UTY;:\/lsUAL ;.,..NO.'."AURAL;.SUFffRING, AND i'ROTECTION OF PLANT AND ANIMAL HA~TA T. UaiE ti°A TI\/E .$°RO~. PROlfr;JlOfi:" (ASEl,![.1:i.l" ii.lF'0;5ES UPON All PRESENT ANO FUTIJRE 01\t-lERS A~ OCCLJPIERS Of Ttl[ EAStt.l(NT A!i'EA:[NFORGE·ABL( ON 1l(HALf ()F THE PUBLIC BY THE CITY Of' RENT6N-·TO J;.[A\11,: UNDISt.lJRBED A(i:.:,_ffi(rs.:'ANO on•(R \IEG(TAiLON .... 'hlTHIN THE EASD.IFNT AREA. THE WGET.l,°TION WHH\.N THE ·t,mF,E':M.AY N"OT st GUT,.,P/il,./~ED. COVERED ;8:_1(./ f"ILL. REt..lOVEO OR DAMAGED, WITHOUT THE EXPRES~O WRITfEN P'e:R_l,IISSIO.~ fR~:·THE Q:TY OF R~NTOf'I •... T~r RIGrlT OF ENTRY GRANTED HEREIN SHALL APPL'(. TO THE AGENT~:· REPRESEN;f'A. TI\IE ~o EM~l:O"r:Els o> THE OWNERS OR SU9SEQUENT OWNrns :iF ™E Ul'ro)CRL YING PRQflERT.f · Inc. Baima & Holmbe~g:: !. JI GI N I ! RS ,I,: 9 IJ R Y ! y·o RS ,. .:' -~' 100 rRONT snu:rr Slll1TII 153AQUAH, 'l'ASH!IIGT!JN g51127 -~~2~) 3Q/-02~/ DRA'IIN BY• CHECl<ED BY• MM/AHT VSH J08 ND, ':469-001 ov'{·N _;· .:'469-oiltFP DATt• ,HB-06 REV• l .:'2-07 r·11 SHEET, .. 3 OF:': 4 i t Ll.!li--06-13-f·FP ~E-0423,:· VCl., PARKLANE COURT . A TEN LOT PLAT ·.·A-.fOAT)ON OF lHE SE 1/4 OF 1HE NE 1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. 60.0Q ' 000 ' ' .00 CITY OF RENTON, KING COONTY, WASHINGTON EASEMENT DETAILS ·:,,sa·N" .,Ji" st,~~:-,· 1Gs.n NACT B - WATER EASEMENT N8~"1D"•2"W 50,r,s· o.oo ' i ' • ~ ~ ' ' ~ L .. 14.13 R•24.00 =336 44'41 rn OD / · $B~·25·i:·.~-· _5li'5t:i 11l"Acr a.:· ~:· tiucrs -~-- ---f \:' ~Bll:':'f. __ N_E_ IETTP!AC':._ -"1"':,.!"~·~!!l,d-l-c/ ,1 :,'·.'., . .'.~~ 1,1~e1s·J~"W· \ '-.,., L~25.50 ) R=45.00 - PRE:PARED JIY Baima m '1' SCALE 1n • 60' & Holmberg In¢'. ~)l(l!NE!RS lo SURYtioRS JOO TRONT =ii:l'I' SOUl'H ISSl,l;jliAN, 11.l'lflll/OTOII ~ '·!·!•;. Ii'. "· 0/~ WHEN RE66FIBEB Rl:'l'URN ff): Office of the City Clerk Renton City Hall 1 055 South Grady Wt!!/ Renton, WA 98055 Ill 111111 11111 1111 20070320001252 CITY OF RENTON COY 71 00 PAGE001 OF 040 . 03/20/2007 11:53 KING COUNTY, UA DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PLAT OF PARKLANE COURT Grantor: Specialized Homes, L.L.C., a Washington limited liability company Grantee: Owners of Lots in the Plat of PARKLANE COURT Abbr. Legal Description: Portion SE 14 NE 14 S15 T23N R 5 EWM, City of Renton, King County, Washington Add'I Legal Description: Page 1 of Document Assessor's Tax Parcel No: Tax Parcel No. for the entire plat prior to segregation of individual lots: 0847100080; 0847100081 Reference Nos. of Document Released/Assigned/Amended: NA TABLE OF CONTENTS ARTICLE 1 DEFINITIONS ................................................................................................. 1 1 .1 Words Defined ............................................................................................... 1 1.2 Form of Words ............................................................................................... 3 ARTICLE 2 PLAN OF DEVELOPMENT ............................................................................ 3 2.1 Development of Property ............................................................................... 3 2.2 Interest Subject to Plan of Development ...................................................... .4 ARTICLE 3 COMMON AREAS .......................................................................................... 4 3.1 "Common Areas" and "Common Area Improvements" .................................. 4 3.2 Uses of Tracts A and B .................................................................................. 4 3.3 Association to Maintain Common Areas ....................................................... .4 3.4 Alteration of Common Areas ......................................................................... 4 3.5 Public Areas .................................................................................................. 5 ARTICLE 4 PRIVATE EASEMENTS ................................................................................. 5 4.1 Private Easements ........................................................................................ 5 4.2 Native Growth Protection Easement.. ............................................................ 6 ARTICLE 5 CONSTRUCTION ON LOTS AND USE OF LOTS ......................................... 6 5.1 Permitted Structures ...................................................................................... 6 5.2 Uniformity of Use and Appearance ................................................................ 6 5.3 Submission of Plans ...................................................................................... 6 5.4 Construction .................................................................................................. 7 5.5 Minimum Size ................................................................................................ 7 5.6 Building Laws ................................................................................................ 8 5.7 Use Restrictions ............................................................................................ 8 5.8 Variances ...................................................................................................... 11 ARTICLE 6 PARKLANE COURT HOME OWNERS ASSOCIATION ................................ 12 6.1 Organization .................................................................................................. 12 6.2 Board of Directors ......................................................................................... 12 6.3 Qualification for Membership ......................................................................... 12 6.4 Transfer of Membership ................................................................................ 12 6.5 Number of Votes ........................................................................................... 12 6.6 Voting ............................................................................................................ 13 6. 7 Pledged Votes ............................................................................................... 13 6.8 Annual and Special Meetings ........................................................................ 13 6.9 Books and Records ....................................................................................... 13 6.1 O Transition Date ............................................................................................. 14 ARTICLE 7 NOTICES FOR ALL PURPOSES ................................................................... 14 ARTICLE 8 AUTHORITY OF THE BOARD ....................................................................... 14 8.1 Adoption of Rules and Regulations ............................................................... 14 8.2 Enforcement of Declaration, Etc .................................................................... 15 8.3 Goods and Services ...................................................................................... 15 8.4 Protection of Common Areas ........................................................................ 15 ARTICLE 9 BUDGET AND ASSESSMENT FOR COMMON EXPENSES ........................ 15 9.1 Fiscal Year; Preparation of Budget.. .............................................................. 15 9.2 Certificate of Unpaid Assessments ................................................................ 16 9.3 Date of Commencement of Annual Assessments ......................................... 16 ARTICLE 10 LIEN AND COLLECTION OF ASSESSMENTS ........................................... 16 10.1 Assessments Are a Lien; Priority ................................................................. 16 10.2 Lien May Be Foreclosed .............................................................................. 17 10.3 Assessments Are Personal Obligations ....................................................... 17 10.4 Late Charges and Interest on Delinquent Assessments .............................. 17 10.5 Recovery of Attorneys' Fees and Costs ....................................................... 17 10.6 Remedies Cumulative .................................................................................. 17 ARTICLE 11 FAILURE OF BOARD TO INSIST ON STRICT PERFORMANCE NO WAIVER ........................................................................................................ 18 ARTICLE 12 LIMITATION OF LIABILITY ....................................................................... 18 ARTICLE 13 INDEMNIFICATION ...................................................................................... 18 ARTICLE 14 INSURANCE ................................................................................................ 19 ARTICLE 15 DAMAGE AND REPAIR OF DAMAGE TO PROPERTY .............................. 19 ARTICLE 16 AMENDMENTS OF DECLARATION ............................................................ 19 16.1 Amendments of Dec la rant. ........................................................................... 19 16.2 Amendments by Association ........................................................................ 20 16.3 Amendments to Article 3 .............................................................................. 20 ARTICLE 17 ANNEXATION AND SUBDIVISION .............................................................. 21 II ARTICLE 18 DURATION ................................................................................................... 21 ARTICLE 19 SEVERABILITY ............................................................................................ 21 ARTICLE 20 EFFECTIVE DATE ....................................................................................... 21 ARTICLE 21 ASSIGNMENT BY DECLARANT ................................................................. 21 Ill DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PLAT OF PARKLANE COURT THIS DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PLAT OF PARKLANE COURT, dated as of March~• 2007, is made by SPECIALIZED HOMES, L.L.C., a Washington limited liability company ("Declarant"), with reference to the following lots: Declarant is the owner of certain real property legally described as Tract 12, Black Loam Five Acre Tracts, according to the plat thereof recorded in Volume 12 of Plats, Page 101, records of King County, Washington (the "Property"). For ease of reference, the legal description of the Property is also attached as Exhibit A hereto. The Property includes Lots 1 through 10 and Tracts A and Bas shown on the face of the Plat of Parklane Court {the "Plat"). Such Lots and Tracts were created or will be created upon recordation of the Plat in the real estate records of King County, Washington. The Plat is to be recorded in the real estate records of King County, Washington substantially contemporaneously with the recordation of this Declaration. Declarant makes this Declaration, and subjects the Property to this Declaration, in connection with the recordation of the Plat, in order to provide for the ownership, maintenance and preservation of certain common areas and private easements, including a native growth protection easement, and to address other matters related to ownership of the Property. NOW, THEREFORE, Declarant declares that all of the Property described in Exhibit A shall be held, transferred, sold, conveyed, leased, used and occupied subject to the covenants, conditions and restrictions hereinafter set forth which are for the purpose of protecting the value and desirability of, and which shall touch, concern and run with title to, the real property subjected to this Declaration and which shall be binding on all parties having any right, title or interest in the described property or any portion thereof, and their respective heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1.1 Words Defined ARTICLE 1 DEFINITIONS For the purposes of this Declaration and any amendments hereto, the following terms shall have the following meanings and all definitions shall be applicable to the singular and plural forms of such terms: a) "Association" shall mean the Parklane Court Homeowners Association described in Article 6 of this Declaration, its successors and assigns. b) "Board" shall mean the board of directors of the Association. c) "Common Area" and "Common Area Improvements" shall mean all real and personal property now or hereafter owned by the Association for the common use and enjoyment of the Owners. The Common Areas may include parks, open space, recreation areas, private storm drainage easements or detention areas, sidewalks, street trees and street lighting, if any, planted landscape features, water fountains, signage and any other areas owned by the Association and designated as Common Areas by Declarant. The Common Areas to be owned by the Association at the time of conveyance of the first Lot to an Owner other than Declarant are Tracts A and B as described herein and depicted on the Plat. d) "Construction" and "Constructed" shall mean any construction, reconstruction, erection or alteration of an improvement on a Lot, except wholly interior alterations to a then-existing Structure. e) "Declarant" shall have the meaning given to that term in the first paragraph above. f) "Declaration" shall mean this Declaration and Covenants, Conditions and Restrictions for the Plat of Parklane Court, as it may be amended from time to time. g) "First Mortgage" and "First Mortgagee" shall mean, respectively: (a) a recorded Mortgage on a Lot that has legal priority over all other Mortgages thereon; and (b) the holder of a first mortgage. For purposes of determining the percentage of First Mortgagees approving a proposed decision or course of action in cases where a Mortgagee holds First Mortgages on more than one Lot, such Mortgagee shall be deemed a separate Mortgagee for each such First Mortgage so held. h) "Lot" shall mean any one of Lots 1 through 1 O as shown in the Plat, together with the structures and improvements, if any, thereon. i) "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. j) "Mortgagee" shall mean the beneficial owner, or the designee of the beneficial owner, of an encumbrance on a Lot created by a mortgage or deed of trust and shall also mean the vendor, or the designee of a vendor, of a real estate contract for the sale of a Lot. k) "Owner" shall mean the record owner, whether one or more Persons, of fee title to any Lot, or any Person who is a purchaser of a Lot under a recorded real 2 estate contract and who is in possession of the Lot under contract. Only such Persons shall be members of the Association, and Persons who hold an interest in a Lot merely as security for the performance of an obligation shall not be deemed to be Owners. I) "Person" shall mean an individual, corporation, partnership, association, trust or other legal entity. m) "Plans" shall have the meaning given to such term in Section 5.3. n) "Plat," except where the context requires otherwise, shall mean the recorded final plat of Parklane Court that is referred to in the third paragraph of this Declaration. o) "Private Easements" shall mean the private drainage easements described in the Plat and further described in Article 4, not dedicated to the public. p) "Property" shall mean the land described on Exhibit A, together with all improvements thereon. q) "Structure" shall mean any residence, accessory building, fence, wall, driveway, walkway, patio, deck, swimming pool or the like constructed on a Lot. r) "Tract" shall mean either of Tracts A and B as shown in the Plat, together with the structures and improvements, if any, thereon. s) Section 6.10. ''Transition Date" shall have the meaning given to such term in 1.2 Form of Words The singular form of words shall include the plural and the plural shall include the singular. Masculine, feminine and neuter pronouns shall be used interchangeably. ARTICLE 2 PLAN OF DEVELOPMENT 2.1 Development of Property One (1) single-family residence may be constructed on each of the Lots. All Lots are hereby restricted exclusively to single-family residential use and shall be subject to the standards and restrictions set forth in Article 5 hereof. Declarant shall have the right, but not the obligation, for so long as Declarant owns any Lot and any Tract, to make improvements and changes to the private easements described on the Plat for: (i) the installation and maintenance of any improvements; and (ii) the installation and maintenance of any other utilities systems and facilities. 3 The Property also includes the following tracts, depicted and designated on the Plat as follows: Tract A Tract B a native growth protection easement tract a storm detention tract. 2.2 Interest Subject to Plan of Development Every purchaser of a Lot within the Property shall purchase such interest and every Mortgagee and lien holder holding an interest therein shall take title, or hold such security interest with respect thereto, with notice of Declarant's plan of development as herein set forth. Any provision of this Declaration to the contrary notwithstanding, the provisions of the foregoing plan of development as set forth in this Article 2 may not be abrogated, modified, rescinded, supplemented or amended in whole or in part without the prior written consent of Declarant or its successors and assigns as defined in Articles 6 and 21 of this Declaration. ARTICLE 3 COMMON AREAS 3.1 "Common Areas" and "Common Area Improvements" "Common Areas" and "Common Area Improvements" include specifically, Tracts A and B as depicted in the Plat and identified as a native growth protection easement tract and a storm detention tract. Common Areas shall be owned by the Association. 3.2 Uses of Tracts A and B Tract A is a native growth protection easement tract and is hereby dedicated and conveyed to the Association upon recording of the Plat. The uses of Tract A shall be limited as defined on the Plat. The Association shall be responsible for the maintenance of Tract A. Tract B is a storm detention tract and is hereby dedicated and conveyed to the Association upon recording of the Plat. The uses of Tract B shall be limited as defined on the Plat. The Association shall be responsible for the maintenance of Tract B. 3.3Association to Maintain Common Areas The Association shall have the right and the obligation to maintain and repair the Common Areas, except as set forth herein or on the Plat. 3.4Alteration of Common Areas Nothing shall be altered or constructed upon or removed from the Common Areas, except upon the prior written consent of the Board. 4 Specifically with respect to each Tract, the Association may install landscaping and may also maintain any storm detention or other facilities within the Tract. The right of entry to effect such rights shall apply to the agents, representatives and employees of the Association or subsequent owners of each Tract. The Association shall be responsible for the cost of maintenance. repair, and reconstruction of all improvements within the Tracts owned by the Association. 3.5 Public Areas Any public areas and dedicated areas within the Property shall be subject to all ordinances, rules and regulations of the appropriate governmental agencies with jurisdiction. 4.1 Private Easements ARTICLE 4 PRIVATE EASEMENTS The private easements existing on the Property as of the date hereof are as shown on the Plat and as explicitly created in this Article 4. Such private easements shall benefit such governmental agencies, utility providers, Lot owners and other persons as are identified on the Plat and in this Article 4, and shall be maintained by the Association or individual Lot Owners as set forth on the Plat and in this Article 4. Declarant hereby grants, reserves and creates the following easements: a) Wetland Buffer Area Maintenance Easement. An easement in favor or Declarant and the Association for ingress and egress to the northern portion of Lots 2, , 3, 4 and 5 shown on the Plat as 'Wetland Buffer Area," for the purpose of allowing Declarant and/or the Association to maintain such Wetland Buffer Area in accordance with all applicable laws and with all requirements of the City of Renton and any other governmental agencies with jurisdiction. Such easement shall provide access to the Wetland Buffer Area from the eastern terminus of NE 1st Place and shall consist of the following: (i) a 21-foot wide strip of land commencing at such eastern terminus of NE 1st Place and running east-northeast along the path of the 21-foot wide City of Renton access easement that is shown on the Plat, over the southernmost portion of Lots 5, 6 and 7; together with (ii) a 10-foot wide path commencing at the southeast corner of Lot 7 and running north along the eastern boundary of Lot 7 (and encumbering the easternmost 1 O feet of Lot 7); together with (iii) a 10-foot wide path commencing at the northeast corner of Lot 7 and running west along northern boundaries of Lots 7, 6, 5, 4, 3 and 2 (and encumbering the northernmost 10 feet of Lots 7, 6, 5, 4, 3 and 2). b) Monument Signage and Landscape Easement. An easement in favor of Declarant and the Association for landscaping and for construction and maintenance of monument signage (identifying the Property as "Parklane Court" and providing such other signage as Declarant or the Association may reasonably determine), encumbering 5 certain portions of the southwest corner of Lot 1 and the northwest corner of Lot 8 as identified with more particularity on the Plat. 4.2Native Growth Protection Easement Dedication of the Tract A Native Growth Protection Easement Area conveys to the public a beneficial interest in the land within the Native Growth Protection Easement. This interest includes the preservation of native vegetation for certain purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The Native Growth Protection Easement imposes upon all present and future owners and occupiers of the land subject to the Native Growth Protection Easement the obligation, enforceable on behalf of the public by the City of Renton, to leave undisturbed all trees and other vegetation within the Native Growth Protection Easement, all as described in further detail on the Plat. ARTICLE 5 CONSTRUCTION ON LOTS AND USE OF LOTS 5.1 Permitted Structures No Structure of any kind shall be constructed, altered, added to or maintained upon any Lot or any other part of the Property, except: (a) improvements or structures which are constructed by Declarant or its agents or assigns; (b) such structures as are approved by the Board in accordance with this Article 5; or (c) structures which pursuant to this Article 5 do not require consent of the Board. 5.2 Uniformity of Use and Appearance One of the purposes of this Declaration is to assure throughout the Property a uniformity of use and quality of: (i) workmanship; (ii) materials; (iii) design; (iv) maintenance; and (v) location of structures with respect to topography and finish grade elevation. It is in the best interests of each Owner that such uniformity of use and quality be maintained as hereinafter provided. No building (except for accessory structures) shall be erected, altered, placed or permitted to remain on any Lot other than one single family dwelling. Accessory structures, including storage buildings, are permitted to the extent allowed by the requirements of this Article 5. Notwithstanding anything herein set forth, the Construction of any Structure shall comply with the more restrictive of either (i) the terms and conditions of this Declaration or (ii) the laws, codes, ordinances and regulations of any governmental entity having jurisdiction. 5.3Submission of Plans At least twenty (20) days before commencing Construction of any Structure on any Lot, the Owner shall submit to the Board two (2) complete sets of detailed building, 6 surface water run-off control and landscaping plans and specifications and a site plan showing the location of all proposed Structures (the plans, specifications and site plans are individually and collectively referred to herein as the "Plans"). The Plans shall be submitted in a form satisfactory to the Board, which may withhold its approval by reason of its reasonable dissatisfaction with the location of the Structure on the Lot, color scheme, finish, architecture, height impact on view from another Lot or Lots, appropriateness of the proposed Structure, materials used therein, or because of its reasonable dissatisfaction with any other matter which, in the reasonable judgment of the Board, would render the proposed Structure out of harmony with the general plan of development of the Property or other Structures nearby. The Board's approval or disapproval of Plans shall be in writing and approval shall be evidenced by written endorsement on such Plans, one copy of which shall be delivered to the Owner of the Lot upon which the Structure is to be Constructed. In any judicial action to enforce the Board's decision the losing party shall pay the prevailing party's attorney's fees and costs including those incurred in connection with any appeal. 5.4 Construction No Structure shall be Constructed or caused to be Constructed on any Lot unless the Plans for the Structure, including landscaping, have been approved in writing by the Board. The Board's review and approval or disapproval of the Plans on the basis of cost, aesthetic design, harmony with previously approved Structures on or about other Lots in the Property, location, or consistency with this Declaration shall be absolute and enforceable in any court of competent jurisdiction. THE BOARD'S APPROVAL OF ANY PLANS. HOWEVER. SHALL NOT CONSTITUTE ANY WARRANTY OR REPRESENTATION WHATSOEVER BY THE BOARD OR ANY OF ITS MEMBERS THAT SUCH PLANS WERE EXAMINED OR APPROVED FOR ENGINEERING OR STRUCTURAL INTEGRITY OR SUFFICIENCY OR COMPLIANCE WITH APPLICABLE GOVERNMENTAL LAWS, CODES. ORDINANCES AND REGULATIONS, AND EACH OWNER HEREBY RELEASES ANY AND ALL CLAIMS OR POSSIBLE CLAIMS AGAINST THE BOARD OR ANY OF THEM, AND THEIR HEIRS. SUCCESSORS AND ASSIGNS. OF ANY NATURE WHATSOEVER. BASED UPON ENGINEERING OR STRUCTURAL INTEGRITY OR SUFFICIENCY OR COMPLIANCE WITH APPLICABLE GOVERNMENTAL LAWS. CODES, ORDINANCES OR REGULATIONS. 5.5 Minimum Size a) Floor Area The floor area of the main house constructed on any Lot, exclusive of open porches and garages, shall be not less than: (a) 2200_ square feet for a dwelling containing a single level; and (b) 2800 square feet for a dwelling containing two levels. The Board shall have the discretion to reduce minimum floor area requirements upon a showing of topographical or other physical constraints which limit buildable area. 7 b) Lot Size No Lot or portion of a Lot in this Plat shall be divided and sold or resold, or ownership changed or transferred, whereby the ownership of any portion of this Plat shall be less than the area required for the use district in which the Lot is located. 5.6 Building Laws All buildings or Structures shall be constructed in accordance with all applicable laws and regulations of the City of Renton, Washington, and any other applicable codes. 5.7Use Restrictions a) Residential Use The dwellings within the Structures are intended for, and restricted to, use as single family residences only, on an ownership, rental or lease basis, and for social, recreational or other reasonable activities normally incident to such use. The dwellings may also be used for home business activities that do not involve signs, retail sales, frequent visits by customers, clients or non-resident employees, or other activities that would detract from the residential character of the Property. In addition to the foregoing, Declarant may use dwellings it owns as sales offices and models for sales of other Lots. b) Maintenance of Buildings and Lots Each Owner shall, at the Owner's sole expense, keep the interior and exterior of the Structure on the Owner's Lot, as well as the Lot, in a clean and sanitary condition, free of rodents and pests, and in good order, condition and repair, and shall do all redecorating, painting, landscaping and maintenance at any time necessary to maintain the appearance and condition of the Structure and the Lot. c) Completion of Construction Any Structure erected or placed on any Lot shall be completed as to external appearance within nine (9) months from the date Construction is started. However, with good cause shown, the Board may extend this term. All yards and landscaping must be completed no later than thirty (30) days after the date of occupancy of the Structure. However, with good cause shown, the Board may extend this term. All Lots shall be maintained in a neat and orderly condition during Construction. d) Parking No trucks, campers, trailers, boats, motorcycles or other vehicles or any part thereof shall be parked or permitted to remain on any Lot, unless the same is stored in a garage. e) Signs No sign of any kind shall be displayed to public view on or from any Lot without the prior written consent of the Board, except for "For Rent" or "For Sale" signs in a 8 form, and for a period of time, not prohibited by any rules and regulations of the Board. This Section shall not apply to the Declarant. f) Animals Animals, including horses, livestock, poultry, reptiles and pigs, shall not be kept on any Lot, except that household pets not exceeding three (3) in number may be kept on a Lot. All animal enclosures must be kept in a clean, neat and odor-free condition at all times. All animals must be kept outside of the building setback areas. The Board may at any time require the removal of any pet which it finds is disturbing other Owners or tenants unreasonably, in the Board's determination, and may exercise this authority for specific pets even though other pets are permitted to remain. Notwithstanding anything set forth herein, all Owners shall comply with all applicable governmental laws, codes, ordinances and regulations pertaining to animals. g) Temporary Structures No Structure of a temporary character, trailer, tent, shack, garage, barn or other outbuilding shall be installed, placed or used on any Lot as a residence, either temporarily or permanently. h) Clothes Lines No washing, rugs, clothing, apparel or any other article shall be hung from the exterior of any Structure or on a Lot so as to be visible from the streets and roadways adjoining the Lots. i) Radio and Television Aerials Normal and customary television antennas, radio aerial and satellite receiving dishes of less than 20 inches in diameter, in all cases designed for residential neighborhood use, shall be allowed to be erected or placed on any Lot so long as no part of such equipment is more than six (6) feet in height above the highest point (exclusive of chimneys) on the Structure upon which it is erected. No rotary beams, separate towers or other similar devices shall be Constructed on any Lot without the written approval of the Board. Except as installed by Declarant, no other satellite receiving dishes or other such electronic receiving devices shall be located on any Lot in a location that is visible from the adjoining homes, without the prior written approval of the Board. j) Trash Containers and Debris All trash shall be placed in sanitary containers either buried or screened so as not to be visible from adjoining Structures or streets or roadways. No Lot or any portion thereof shall be used as a dumping ground for trash or rubbish of any kind. Yard rakings, dirt and debris resulting from landscaping work or Construction shall not be dumped onto adjoining Lots or streets or roadways. Compost piles may be kept upon the Lots provided they are kept in a clean, neat and sanitary condition and comply with any rules and regulations of the Board. k) Offensive Activity 9 Except as otherwise provided in Section 5.7(a), no trade, craft, business, profession, commercial or manufacturing enterprise or business or commercial activity of any kind, including day schools, nurseries or church schools, shall be conducted or permitted on any Lot, nor shall goods, equipment, vehicles or materials used in connection therewith, be kept, parked, stored, dismantled or repaired outside of any Lot or on any street within the Property. No noxious or offensive activity, including but not limited to the creation of excess levels of noise, shall be carried on in any Lot, nor shall anything be done therein which may be or become an annoyance or nuisance to other Owners or tenants. I) Setbacks All Structures shall comply with all applicable governmental laws, codes, ordinances and regulations pertaining to setbacks. No building foundations are allowed beyond the required setback line unless otherwise provided for by law. m) Fences No fence shall be constructed on any Lot without the prior written approval of the Board, which approval may be granted or denied in the Board's sole discretion. All fences shall be 1" x 4" cedar construction or better and shall otherwise be constructed in a good and workmanlike manner, shall be artistic in design and shall not detract from the appearance of any adjacent Structures. In addition, the finished wood side of the fence shall face the adjacent Lot(s). No fence shall exceed six (6) feet in height. No fence shall be allowed within the front yard setback. All fences shall be set back at least ten (10) feet from the front elevation of the residence as well as the front elevation of the garage and any portion thereof. No fences shall be erected over, upon or within the easement areas provided for in the Plat. n) Underground Utilities All utility lines or wires located outside a dwelling unit shall be in conduits attached to such units or underground. o) Drainage Absolutely no dumping of any pollutants into the storm sewer systems shall be permitted. p) Damage Any damage to streets, Plat improvements, entry structures, fences, landscaping, mailboxes, lights and lighting standards by Owners, their guests, invitees, licensees, contractors, agents or service personnel shall be repaired by such Owner within twelve (12) days from the occurrence of such damage. q) Driveways 10 All driveways shall be concrete, or other Board approved material, from the edge of the paved street to connect with the paved surface of the floor of the garage. r) Landscaping (i) Front Yards. All front yards of Lots shall be landscaped primarily with grass sod from the edge of the right-of-way to within ten (1 O) feet of the residence; provided, however, that within such front yard areas may be located flower beds, paths and patio areas. (ii) Back Yards. All back yards of Lots shall be landscaped which shall include, at a minimum, a hydro seeded lawn and bark or other similar material covering exposed soil. (iii) Tree Requirement. With respect to each Lot, the building permit applicant Lot shall be required to plant two new trees within the front yard setback area for such Lot prior to final building permit inspection. All landscaping shall be completed no later than thirty (30) days after the date of occupancy of the Structure on the Lot. s) Mailboxes All mailboxes must be of a standard accepted by the U.S. Postal Authorities and must be located in those areas so designed by the U.S. Postal Department and the Board. Structures containing mailboxes must be approved by the Board. t) Compliance with Laws This Plat is subject to the platting provisions of all applicable municipal and/or county codes, and shall comply with the minimum requirements of all applicable zoning classifications. All lots in this Plat shall meet the minimum dimensional requirements of such applicable zoning classifications and shall be generally as shown on the face of the approved plat. Notwithstanding anything to the contrary set forth herein, each owner and the Association shall comply with the more restrictive of either (a) the terms and conditions of this Declaration, or (b) the laws, codes, ordinances and regulations of any governmental entity having jurisdiction. 5.8Variances The Board shall be empowered to grant variances with respect to the use restrictions contained herein, provided that such variances shall not violate any applicable laws, codes, ordinances and regulations of any governmental entity having jurisdiction, shall not be granted on an arbitrary basis, and shall not unfairly discriminate between Owners. 11 ARTICLE 6 PARKLANE COURT HOMEOWNERS ASSOCIATION 6.1 Organization The Parklane Court Homeowners Association is a nonprofit corporation in which all Owners are members. The Articles of Incorporation and Bylaws of the Association, as amended from time to time, are to be kept at all times in the records of the Association and shall be provided to any Owner upon such Owner's written request. This Declaration, together with the Articles of Incorporation and Bylaws of the Association, shall govern the affairs of the Association. 6.2 Board of Directors The affairs of the Association shall be governed by a Board of Directors (the "Board") which shall be composed of one or more members, to be determined in the reasonable discretion of the Association. The Declarant initially shall constitute the Board and shall be fully authorized to exercise all of the powers of the Association until the Transition Date as defined in Section 6.10. Subject to any specific requirements hereof, the Board shall have authority to establish operating rules and procedures. In the event of death or resignation of any member or members of the Board, the remaining member or members, if any, shall have full authority to appoint a successor member or members. Members of the Board shall not be entitled to any compensation for services performed pursuant to this Declaration. 6.3Qualification for Membership Each fee owner of a Lot (including Declarant) shall be a member of the Association and shall be entitled to one membership and one vote for each Lot owned, provided, that if a Lot has been sold on contract, the contract purchaser shall exercise the rights of an Owner for purposes of the Association and this Declaration, except as hereinafter limited, and shall be the voting representative unless otherwise specified. Ownership of a Lot shall be the sole qualification for membership in the Association. 6.4 Transfer of Membership The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except upon the transfer of title to the Lot and then only to the transferee of title to the Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association to the new Owner. 6.SNumber of Votes The total voting power of the Association at any given time shall equal the number of Lots included within the Property at that time. The Owner or Owners of each Lot within the Property shall be entitled to one vote. If a Person (including Declarant) 12 owns more than one Lot, he or she shall have the votes appertaining to each Lot owned. 6.6Voting If a Lot is owned by husband and wife and only one of them is at a meeting, the one who is present will represent the marital community. The vote for a Lot must be cast as a single vote, and fractional votes shall not be allowed. If joint Owners are unable to agree among themselves how their vote shall be cast, they shall lose their right to vote on the matter in question. 6.7Pledged Votes An Owner may, but shall not be obligated to, pledge his vote on all issues or on certain specific issues to a Mortgagee; provided, however, that if an Owner is in default under a Mortgage on his Lot for ninety (90) consecutive days or more, the Owner's Mortgagee shall automatically be authorized to declare at any time thereafter that such Owner has pledged his vote to the Mortgagee on all issues arising after such declaration and during the continuance of the default. If the Board has been notified of any such pledge to a Mortgagee, only the vote of the Mortgagee will be recognized on the issues that are subject to the pledge. 6.8Annual and Special Meetings Within the period commencing thirty (30) days before the Transition Date and ending thirty (30) days after the Transition Date, there shall be a meeting of the members of the Association and thereafter there shall be an annual meeting of the members of the Association in the first quarter of each fiscal year at such reasonable place and time as may be designated by written notice from the Board delivered to the Owners no less than thirty (30) days before the meeting. At the first such meeting, and at each annual meeting thereafter, the Owners shall elect by majority vote individuals to serve as Board members until a successor is elected at the next annual meeting. Each Lot shall be entitled to one vote for each director and the voting for directors shall be noncumulative. The financial statement for the preceding fiscal year (if any) and the budget the Board has adopted for the pending fiscal year shall be presented at the annual meeting for the information of the members. Special meetings of the members of the Association may be called at any time upon not less than fourteen (14) days' prior written notice to all Owners, for the purpose of considering matters which require the approval of all or some of the Owners, or for any other reasonable purpose. Any First Mortgagee of a Lot may attend or designate a representative to attend the meetings of the Association. 6.9 Books and Records The Board shall cause to be kept complete, detailed and accurate books and records of the receipts and expenditures (if any) of the Association, in a form that complies with generally accepted accounting principles. The books and records, authorizations for payment of expenditures, and all contracts, documents, papers and 13 other records of the Association shall be available for examination by the Owners, any Mortgagees, and the agents or attorneys of either of them, during normal business hours and at any other reasonable time or times. 6.1 O Transition Date As noted above, Declarant initially shall constitute the Board and shall be fully authorized to exercise all of the powers of the Association until the occurrence of the Transition Date. The "Transition Date" shall be the earlier of: (a) the date designated by Declarant in a written notice to the Owners, which date may be any date after this Declaration has been recorded, or (b) the thirtieth (30th) day after Declarant has transferred to retail purchasers title to all Lots. From and after the Transition Date, the then-current Owners of sixty percent (60%) of the Lots in the Property shall have the power through a written instrument recorded in the real property records of King County, Washington to restrict or eliminate any or all of the approval powers and duties of the Board set forth in this Declaration, excluding the duty to maintain the Common Areas. ARTICLE 7 NOTICES FOR ALL PURPOSES All notices given under the provisions of this Declaration or rules or regulations of the Association shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, the notice shall be deemed to have been delivered on the third (3rd) day of regular mail delivery after a copy has been deposited in the U.S. mail, first class, postage prepaid, addressed to the Person entitled to such notice at the most recent address known to the Board. Mailing addresses may be changed by notice in writing to the Board. Notices to the Board may be given to any Board member or, until the Transition Date mailed to Declarant at the following address: Specialized Homes, L.L.C., 1741 4th Avenue South, Suite B, Seattle, WA 98134. The Board's address may be changed from time to time by the execution and recording of an instrument in the real property records of King County, Washington which (a) refers to this Declaration and this Article 7; and (b) sets forth the Board's new address. ARTICLE 8 AUTHORITY OF THE BOARD 8.1 Adoption of Rules and Regulations The Board is empowered to adopt, amend and revoke on behalf of the Association detailed administrative rules and regulations necessary or convenient from time to time to insure compliance with the general guidelines of this Declaration, to promote the comfortable use and enjoyment of the Property and to govern the operation and procedures of the Association. The rules and resolutions may, without limitation, authorize voting by proxy or mail, or both, on Association matters. The rules and regulations of the Association shall be binding upon all Owners and occupants and all other Persons claiming any interest in the Property. 14 8.2Enforcement of Declaration, Etc. The Board shall have the power to enforce the provisions of this Declaration, and the rules and regulations of the Association for the benefit of the Association. The failure of any Owner to comply with the provisions of this Declaration, or the rules and regulations of the Association will give rise to a cause of action in the Association (acting through the Board) and any aggrieved Owner for recovery of damages, or injunctive relief, or both. If a legal action is brought to interpret or enforce compliance with the provisions of this Declaration, or the rules or regulations of the Association, the prevailing party shall be entitled to judgment against the other party for its reasonable expenses, court costs and attorneys' fees in the amount awarded by the Court. 8.3 Goods and Services The Board shall acquire and pay for as common expenses of the Association all goods and services reasonably necessary or convenient for the efficient and orderly maintenance of all portions of the Common Areas not maintained by public utility companies or a governmental entity. The goods and services shall include (by way of illustration and not limitation) utility services for the Common Areas; policies of insurance; and maintenance, repair, landscaping, gardening, and general upkeep of the Common Areas. The Board may hire such employees or agents as it considers necessary. 8.4Protection of Common Areas The Board may spend such funds and take such action as it may from time to time deem necessary to preserve the Common Areas, settle claims, or otherwise act in what it considers to be the best interests of the Association. ARTICLE 9 BUDGETANDASSESSMENTFORCOMMONEXPENSES 9.1 Fiscal Year; Preparation of Budget The Board may adopt such fiscal year for the Association as it deems to be convenient. Unless another year is adopted, the fiscal year will be the calendar year. As soon as the Board in its discretion deems advisable, and prior to the expiration of each fiscal year thereafter, the Board shall establish a budget for the costs during the ensuing fiscal year of maintaining the Common Area, the private easement areas, the landscape area and all other areas which the Association is responsible to maintain. The Board shall then assess each Lot with its pro rata share of such estimated costs, based upon the number of Lots then-within the Property and the appropriate number of lots required to share in such costs based on the beneficial interest of such lots in the Private Easements as described in the Plat and in this Declaration. The Board, at its election, may require the Owners to pay the amount assessed in equal monthly or quarterly installments or in a lump sum annual installment. The Board shall notify each Owner in writing at least ten (10) days in advance of each assessment period of the amount of the assessment for said period, which notice shall be accompanied by a copy 15 of the budget upon which the assessment is based. The assessments levied by the Board shall be used exclusively to promote the recreation, health, safety and welfare of the Owners and for the improvement and maintenance of the Common Areas and the Private Easement areas. 9.2 Certificate of Unpaid Assessments Any failure by the Board or the Association to make the budget and assessments hereunder before the expiration of any fiscal year for the ensuing fiscal year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of the Owners from the obligation to pay assessments during that or any subsequent year, and the assessment amount and payment method established for the preceding fiscal year (if any) shall continue until a new assessment is established. Upon the request of any Owner or Mortgagee or prospective Owner or prospective Mortgagee of a Lot, the Board will furnish a statement of the amount, if any, of unpaid assessments charged to the Lot. The statement shall be conclusive upon the Board and the Association as to the amount of such indebtedness on the date of the statement in favor of all purchasers and Mortgagees of the Lot who rely on the statement in good faith. All assessments and other receipts received by the Association shall belong to the Association. 9.3Date of Commencement of Annual Assessments The annual assessments provided for herein shall commence as to all Lots at such time as the Board in its absolute discretion deems advisable. The first annual assessment shall be adjusted according to the number of months remaining in the fiscal year. ARTICLE 10 LIEN AND COLLECTION OF ASSESSMENTS 10.1 Assessments Are a Lien; Priority All unpaid sums assessed by the Association for the share of the common expenses chargeable to any Lot and any sums specially assessed to any Lot under the authority of this Declaration shall constitute a lien on the Lot and all its appurtenances from the date the assessment becomes due and until fully paid. The lien for such unpaid assessments shall be subordinate to tax liens on the Lot in favor of any assessing unit and/or special district, and to all sums unpaid on all First Mortgages of record, but, to the extent permitted by applicable law, shall have priority over all other liens against the Lot. A First Mortgagee that obtains possession through a Mortgage foreclosure or deed of trust sale, or by taking a deed in lieu of foreclosure or sale, or a purchaser at a foreclosure sale, shall take the Lot free of any claims for the share of common expenses or assessments by the Association chargeable to the Lot which became due before such possession, but will be liable for the common expenses and assessments that accrue after the taking of possession. A Lot's past-due share of 16 common expenses or assessments shall become new common expenses chargeable to all of the Lot Owners, including the Mortgagee or foreclosure sale purchaser and their successors and assigns, in proportion to the number of Lots owned by each of them. Notwithstanding any of the foregoing, however, the Owner and the real estate contract purchaser shall continue to be personally liable for past due assessments as provided in Section 10.3. For purposes of this Section, "Mortgage" does not include a real estate contract and "Mortgagee" does not include the vendor or the assignee or designee of a vendor of a real estate contract. 10.2 Lien May Be Foreclosed The lien for delinquent assessments may be foreclosed by suit by the Board, acting on behalf of the Association, in like manner as the foreclosure of a mortgage of real property. The Board, acting on behalf of the Association, shall have the power to bid on the Lot at the foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. 10.3 Assessments Are Personal Obligations In addition to constituting a lien on the Lot, all sums assessed by the Association chargeable to any Lot, together with interest, late charges, costs and attorneys' fees in the event of delinquency, shall be the joint and several personal obligations of the Owner and any contract purchaser of the Lot when the assessment is made and their grantees. Suit to recover personal judgment for any delinquent assessments shall be maintainable without foreclosing or waiving the liens securing them. 10.4 Late Charges and Interest on Delinquent Assessments The Board may from time to time establish late charges and a rate of interest to be charged on assessments delinquent for a period of more than ten (10) days after the date when due. In the absence of another established, nonusurious rate, delinquent assessments shall bear interest at the rate of twelve percent (12%) per annum. If an installment on an assessment against a Lot is not paid when due, the Board may elect to declare the entire assessment against the Lot for the remainder of the fiscal year to be immediately due and payable. 10.5 Recovery of Attorneys' Fees and Costs In any action to correct delinquent assessments, the prevailing party shall be entitled to recover as a part of its judgment a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in connection with the action, in addition to taxable costs permitted by law. 10.6 Remedies Cumulative 17 The remedies provided herein are cumulative and the Board may pursue them, and any other remedies which may be available under law although not expressed herein, either concurrently or in any order. ARTICLE 11 FAILURE OF BOARD TO INSIST ON STRICT PERFORMANCE NO WAIVER The failure of the Board in any instance to insist upon the strict compliance with this Declaration or rules and regulations of the Association, or to exercise any right 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 any term, covenant, condition, or restriction. The receipt by the Board of payment of any assessment from an Owner, with knowledge of any breach by the Owner, shall not be a waiver of the breach. No waiver by the Board of any requirement shall be effective unless expressed in writing and signed for the Board. ARTICLE 12 LIMITATION OF LIABILITY So long as a Board member, or Association member, or Declarant has acted in good faith, without willful or intentional misconduct, upon the basis of such information as is then possessed by such Person, then no such Person shall be personally liable to any Owner, or to any other Person, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of such Person; provided, that this Article shall not apply where the consequences of such act, omission, error or negligence are covered by any insurance actually obtained by the Board. ARTICLE 13 INDEMNIFICATION Each Board member and Declarant shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed, in connection with any proceeding to which such party may be a party, or in which such party may become involved, by reason of holding or having held such position, or any settlement thereof, whether or not such party holds such position at the time such expenses or liabilities are incurred, except to the extent such expenses and liabilities are covered by insurance and except in such cases wherein such Board member or Declarant is adjudged guilty of willful misfeasance in the performance of his or her duties; provided, that in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association. 18 ARTICLE 14 INSURANCE At such times as the Board deems appropriate, the Board shall cause the Association to purchase and maintain as a common expense a policy or policies of insurance which the Board deems necessary or desirable to provide: casualty insurance; comprehensive liability insurance; insurance, if available, for the protection of the Association's directors and representatives from personal liability in the management of the Association's affairs; and such other insurance as the Board deems advisable. The Board shall review the adequacy of the Association's insurance coverage at least annually. ARTICLE 15 DAMAGE AND REPAIR OF DAMAGE TO PROPERTY In the event of any casualty, loss or other damage to the Common Area for which the then-current assessments by the Board are insufficient to repair or restore, or for which there are not insurance proceeds or insufficient insurance proceeds available to the Board for such restoration or repair, the Board may make a special assessment against each Lot for its pro rata share of the cost and expenses to repair and/or restore the Common Areas. The special assessment shall be payable, at the determination of the Board, in either monthly or quarterly installments or in a single lump sum amount. The Board shall notify each Owner of any such special assessment not less than twenty (20) days prior to the date such special assessment or the first installment thereon is due and payable, which notice shall be accompanied by a reasonably detailed statement of the Board's estimated costs and expenses of repairing and/or restoring the Common Areas. ARTICLE 16 AMENDMENTS OF DECLARATION 16.1 Amendments of Declarant Prior to the Transition Date, Declarant may amend this Declaration by an instrument in writing filed and recorded in the Records of King County, Washington, without the approval of any Owner or Mortgagee; provided, however, that (a) in the event that such amendment materially alters or changes any Owner's right to the use and enjoyment of his Lot or the Common Areas as set forth in this Declaration or adversely affects the title to any Lot, such amendment shall be valid only upon the written consent thereto by a majority in number of the then-existing Owners affected thereby, or (b) in the event that such amendment would materially and adversely affect the security, title and interest of any Mortgagee, such amendment shall be valid only upon the written consent thereto of all such Mortgagees so affected. Each Owner, by acceptance of a deed or other conveyance of a Lot, agrees to be bound by such 19 amendments as are permitted by this Section 16.1 and further agrees that, if requested to so do by Declarant, such Owner will consent to the amendment of this Declaration or any other instruments relating to the Property (i) if such amendment is necessary to bring any provision hereof or thereof into compliance or conformity with the provisions of any applicable governmental statute, rule or regulation or any judicial determination which shall be in conflict therewith, (ii) if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to any Lots subject to this Declaration, (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on any Lot or other improvements subject to this Declaration, or (iv) if any such amendment is necessary to enable any governmental agency or reputable private insurance company to insure Mortgages on the Lots or other improvements subject to this Declaration. 16.2 Amendments by Association Any Owner may propose amendments to this Declaration to the Board. A majority of the members of the Board may cause a proposed amendment to be submitted to the members of the Association for their consideration. If an amendment is proposed by Owners of 20% or more of the Lots, then, irrespective of whether the Board concurs in the proposed amendment, it shall be submitted to the members of the Association for their consideration at their next regular or special meeting for which timely notice may be given. Notice of a meeting at which an amendment is to be considered shall include the text of the proposed amendment. Amendments may be adopted at a meeting of the Association or by written consent of the requisite number of Persons entitled to vote, after notice has been given to all Persons entitled to receive notice of a meeting of the Association. The unanimous consent of all Owners shall be required for adoption of either: (a) an amendment changing the voting power or portion of assessments appurtenant to each Lot; or (b) an amendment of Section 5.7 or of this Article 16. All other amendments shall be adopted if approved by the Owners of sixty percent (60%) of the Lots. Once an amendment has been adopted by the Association, the amendment will become effective when a certificate of the amendment, executed by a member of the Board, has been recorded in the real property records of King County, Washington. 16.3 Amendments to Article 3 Notwithstanding the foregoing provisions regarding amendments, no amendment to this Declaration which affects the obligation of the Owners to maintain Common Areas as set forth in Article 3 hereof shall become effective without the prior written consent of the City of Renton, Washington, or the then-appropriate governmental entity with jurisdiction over such matters. 20 ARTICLE 17 ANNEXATION AND SUBDIVISION Residential property other than the Common Areas may be annexed or added to the Property only with the consent of sixty percent (60%) of the Association. No Lot shall be subdivided or combined without the approval of all Owners. Notwithstanding the foregoing, no Lot or portion of any Lot shall be divided and sold or resold or ownership transferred whereby ownership of any Lot shall be less than the area required for the use district of the Property. ARTICLE 18 DURATION The covenants, conditions, and restrictions of this Declaration shall run with and bind the Property, and shall inure to the benefit of and be enforceable by the Owners, their respective legal representatives, heirs. successors, and assigns, for a period of thirty (30) years from the date this Declaration is recorded, after which time the covenants, conditions and restrictions shall be automatically extended for successive periods of ten (1 O) years each unless an instrument signed by a majority of the then- Owners has been recorded agreeing to terminate the covenants, conditions and restrictions. Notwithstanding the foregoing, no such termination shall be effective so as to terminate the obligation of the Owners to maintain the Common Areas as set forth in Article 3 hereof without the prior written consent of the City of Renton, Washington, or the then-appropriate governmental entity with jurisdiction over such matters. ARTICLE 19 SEVER ABILITY The provisions of this Declaration shall be independent and severable, and the unenforceability of any one provision shall not affect the enforceability of any other provision. ARTICLE 20 EFFECTIVE DATE This Declaration shall be effective upon recording. ARTICLE 21 ASSIGNMENT BY DECLARANT Declarant reserves the right to assign, transfer, sell, lease or rent all or any portion of the Property and reserves the right to assign all or any of its rights, duties and obligations created under this Declaration. 21 DATED as of the date first written above. DECLARANT: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) SPECIALIZED HOMES, L.L.C., a Washington limited liability company By: SH Real Estate, Inc., sole member I certify that I know or have satisfactory evidence that Robert Niemann is the person who appeared before me, and that said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute this instrument and acknowledged it as the President of SH Real Estate, Inc., the sole member of SPECIALIZED HOMES, L.L.C., the entity which signed this instrument, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. S-f Dated this / day of March, 2007. "'''"""'''' ~ y__ & ... ,,, :!O ::J..( t,, ,,, ·. ' ..:--~"'~''"\\\\\\111,:.tl.S' ,,,. -C,1.,t_,u ~ ;' •, t: Ii A ( r 1 .I .:',l' _,...,.',,. \' Z ( 1,,,, fl _ _;___.c. ___ '----->..L--'----=--=----""-v~__.c..._' ---= '-..,, -$' -~v (\ ,, Z ;of~'::-~ d c\ i (Signature of Notary) $-i~ O ,." ~~A~ 1/ -~i% ' rf ~g>~ t,_ftr2.1;,,A..J ...J..... 0WJ4Al3cJ,v ~ ~ )., ~:.~:: ~ ~,i,~ -< <1~ ~£ (1j -(L "bl P . t St N f N t ) 111 ''•,,'f!t<1x 3 '<'-?.--~, ~: eg, y rm or amp ame o o ary '1 ~·~"'"''"s .:2 Notary Public in and for the state o(Q_f '11,n.,sN',fl'I°' ,,,' ~,, '''""'""'' Washington, Residing at ~-"11-=----- My commission expires: ;,..;;: -19-,;)0!cJ EXHIBIT A TO DECLARATION FOR THE PLAT OF PARKLANE COURT Legal Description Tract 12, Black Loam Five Acre Tracts, according to the plat thereof recorded in Volume 12 of Plats, Page 101, records of King County, Washington. 23 BYLAWS OF PARKLANE COURT HOMEOWNERS ASSOCIATION I. DEFINITIONS A. Words Defined. For the purposes of these Bylaws, the following terms shall have the following meanings and all definitions shall be applicable to the singular and plural forms of such terms: a) "Association" shall mean the Parklane Court Homeowners Association, its successors and assigns. b) "Board" shall mean the board of directors of the Association. c) "Bylaws" means these bylaws of the Association. d) "Common Area" and "Common Area Improvements" shall mean all real and personal property now or hereafter owned by the Association for the common use and enjoyment of the Owners. The Common Areas may include parks, open space, recreation areas, private storm drainage easements. sidewalks, street trees and street lighting, if any, planted landscape features, water fountains, signage and any other areas owned by the Association and designated as Common Areas by Declarant. The Common Areas to be owned by the Association at the time of conveyance of the first Lot to an Owner other than Declarant are described and depicted as Tract A and Tract B on the Plat. e) "Declarant" shall mean Specialized Homes, L.L.C., a Washington limited liability company. f) "Declaration" shall mean the Declaration and Cov~rµnts, Conditions and Restrictions For The Plat of Parklane Court, dated as of March~. 2007, and recorded on hJ,4t1ef :l ll . 2007, under King County Auditor's No.~D076.J.)OIJ(J/Z$?,. as it may be amended from time to time. g) "First Mortgage" and "First Mortgagee" shall mean, respectively: (a) recorded Mortgage on a Lot that has legal priority over all other Mortgages thereon; and (b) the holder of a first mortgage. For purposes of determining the percentage of First Mortgagees approving a proposed decision or course of action in cases where a Mortgagee holds First Mortgages on more than one Lot, such Mortgagee shall be deemed a separate Mortgagee for each such First Mortgage so held. h) "Lot" shall mean any one of Lots 1 through 1 O as shown in the Plat, together with the structures and improvements, if any, thereon. i) "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. j) "Mortgagee" shall mean the beneficial owner, or the designee of the beneficial owner, of an encumbrance on a Lot created by a mortgage or deed of trust and shall also mean the vendor, or the designee of a vendor, of a real estate contract for the sale of a Lot. k) "Owner" shall mean the record owner, whether one or more Persons, of fee simple title to a Lot, including a contract seller except those having such interest merely for the performance of an obligation. I) "Person" shall mean an individual, corporation, partnership, association, trust or other legal entity. m) "Plat" shall mean the final plat recorded JU.44tlf 2o , 2007, in Volume ,;J_!J!) of Plats, pages,1/$ through Off inclusive, King County, Washington, under King County Recording No.2t:J07t,i3.oDt>l2Sf, and any amendments, corrections or addenda thereto subsequently recorded. n) "Property" shall mean the land described on Exhibit A to the Declaration, together with all improvements thereon. o) "Structure" shall mean any residence, accessory building, fence, wall, driveway, walkway, patio, deck, swimming pool or the like constructed on a Lot. p) "Tract" shall mean either one of Tracts A and Bas shown in the Plat, together with the structures and improvements, if any, thereon. q) "Transition Date" shall have the meaning given to such term in Section 6.10 of the Declaration. B. Form of Words. The singular form of words shall include the plural and the plural shall include the singular. Masculine, feminine and neuter pronouns shall be used interchangeably. II. MEMBERS A. Qualification for Membership. Each record owner (including Declarant), whether one or more Persons, of fee title to any Lot, or any Person who is a purchaser of a Lot under a recorded real estate contract and who is in possession of the Lot under contract, shall be a member of the Association and shall be entitled to one membership and one vote for each Lot owned. If a Lot is subject to sale pursuant to a recorded· real estate contract, then the contract purchaser shall exercise the rights of the Owner of such Lot for purposes of the Association and these Bylaws except to the extent that such exercise of rights may hereinafter be specifically limited, and shall be the voting representative with respect to such Lot unless otherwise specified herein. B. Transfer of Membership. 2 The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot 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 to the Lot and then only to the transferee of title to the Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association to the new Owner. C. Number of Votes. The total voting power of the Association at any given time shall equal the number of Lots included within the Property at that time. The Owner or Owners of each Lot within the Property shall be entitled to one vote. If a Person (including Declarant) owns more than one Lot, he or she shall have the votes appertaining to each Lot owned. ' . D. Voting. If a Lot is owned by husband and wife and only one of them is at a meeting, the one who is present will represent the marital community. The vote for a Lot must be cast as a single vote, and fractional votes shall not be allowed. If joint Owners are unable to agree among themselves how their vote shall be cast, they shall lose their right to vote on the matter in question. E. Pledged Votes. An Owner may, but shall not be obligated to, pledge his vote on all issues or on certain specific issues to a Mortgagee; provided, however, that if an Owner is in default under a Mortgage on his Lot for ninety (90) consecutive days or more, the Owner's Mortgagee shall automatically be authorized to declare at any time thereafter that such Owner has pledged his vote to the Mortgagee on all issues arising after such declaration and during the continuance of the default. If the Board has been notified of any such pledge to a Mortgagee, only the vote of the Mortgagee will be recognized on the issues that are subject to the pledge. F. Annual and Special Meetings. Within the period commencing thirty (30) days before the Transition Date and ending thirty (30) days after the Transition Date, there shall be a meeting of the members of the Association and thereafter there shall be an annual meeting of the members of the Association in the first quarter of each fiscal year at such reasonable place and time as may be designated by written notice from the Board delivered to the Owners no less than thirty (30) days before the meeting. At the first such meeting, and at each annual meeting thereafter, the Owners shall elect by majority vote individuals to serve as Board members until a successor is elected at the next annual meeting. Each Lot shall be entitled to one vote for each director and the voting for directors shall be noncumulative. The financial statement for the preceding fiscal year (if any) and the budget the Board has adopted for the pending fiscal year shall be presented at the 3 annual meeting for the information of the members. Special meetings of the members of the Association may be called at any time upon not less than fourteen (14) days' prior written notice to all Owners, for the purpose of considering matters which require the approval of all or some of the Owners, or for any other reasonable purpose. Any First Mortgagee of a Lot may attend or designate a representative to attend the meetings of the Association. G. Quorum. At any meeting of the Owners, attendance by a majority of the Owners entitled to vote on a matter shall constitute a quorum. Once an Owner is present or represented at a meeting, other than to object to holding the meeting or transacting business, the Owner is deemed to be present for purposes of a quorum for the remainder of the meeting and for any adjournment of that meeting. If a quorum exists, action on a matter is approved if the votes cast favoring the action exceed the votes cast opposing the action, unless the question is one upon which a different vote is required by express provision of law, the Declaration, the Articles of Incorporation or these Bylaws. H. Manner of Acting; Proxies. An Owner may vote either in person or by proxy, executed in writing by the Owner or by his or her duly authorized attorney-in-fact. All proxy appointment forms shall be filed with the secretary of the Association before or at the commencement of the meeting for which the proxy is to be effective. No proxy appointment may be effectively revoked until notice in writing of such revocation has been given by the Owner appointing the proxy to the secretary of the Association or to the person presiding over the meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. Unless stated otherwise in the proxy, a proxy terminates eleven months after its date of issuance. I. Participation by Conference Telephone. Owners may participate in a meeting of the Owners by means of a conference telephone or similar communications equipment by which all persons participating in the meeting can hear each other at the same time. Participation at a meeting by such means shall constitute presence in person at the meeting. J. Waiver of Notice. Notice of the time, place and/or purpose of any meeting may be waived in writing (either before or after such meeting) and will be waived by any Owner by his or her attendance thereat in person or by proxy, unless the Owner at the beginning of the meeting objects to holding the meeting or transacting business at the meeting. Any Owner so waiving shall be bound by the proceedings of any such meeting in all respects as if due notice thereof had been given. 4 K. Action by Owners Without a Meeting. Any action which is permitted or required to be taken at a meeting of the Association may be taken without a meeting if all Owners entitled to vote on such action consent to the action in writing. Any action taken by unanimous written consent of the Owners shall be effective when all Owners have executed such consent, unless the consent specifies a later effective date. Ill. BOARD OF DIRECTORS A. General Powers. The affairs of the Association shall be governed by a Board of Directors (the "Board"). B. Number of Directors.The Board shall be composed of one or more members, to be determined in the reasonable discretion of the Association. The Declarant or its representative initially shall constitute the Board and be fully authorized to exercise all of the powers of the Association until the Transition Date as defined in the Declaration. C. Number, Tenure and Qualification. The number of directors may be increased or decreased from time to time by amendment to or in the manner provided by these Bylaws. No decrease, however, shall have the effect of shortening the term of an incumbent director unless that director resigns or is removed in accordance with the provisions of these Bylaws. Unless removed in accordance with these Bylaws, each director shall hold office until the next annual meeting of the Owners of the Association and until a qualified successor is elected. Each member of the Board must be an Owner. D. Annual and other Regular Meetings. An annual meeting of the Board shall be held, without notice, immediately after and at the same place as the annual meeting of Owners. The Board may specify by resolution the time and place, either within or without the State of Washington, for holding any other regular meetings of the Board. E. Special Meetings. Special meetings of the Board may be called by any director. Notice of special meetings of the Board stating the date, time and place shall be given at least three (3) days prior to the date set for such meeting by the person or persons authorized to call such meeting, or by the secretary at the direction of the person or persons authorized to call such meeting. The notice may be oral or written. Oral notice may be communicated in person or by telephone, wire or wireless equipment. Oral notice is effective when communicated. Written notice may be transmitted by mail, private carrier or personal delivery; telegraph or teletype; or telephone, wire, or wireless equipment which transmits a facsimile of the notice. Written notice is effective upon dispatch if such notice is sent to the director's address, telephone number, or other number appearing on the records of the Association. Any director may waive notice of any meeting at any time. Whenever any notice is required to be given to any director of Board pursuant to applicable law, a waiver of such notice in writing signed by the director entitled to notice, shall be deemed equivalent to the 5 giving of notice. F. Quorum. A majority of the number of directors of the Board shall constitute a quorum for the transaction of any business at any meeting of Board. G. Manner of Acting. If a quorum is present when a vote is taken, the affirmative vote of a majority of directors present is the act of the Board, unless the question is one upon which a different vote is required by express provision of law, the Declaration, the Articles of Organization or these Bylaws. H. Participation by Conference Telephone. Directors may participate in a meeting of the Board by means of a conference telephone or similar communications equipment by which all persons participating in the meeting can hear each other at the same time. Participation at a meeting by such means shall constitute presence in person at the meeting. I. Presumption of Assent. A director who is present at a meeting of the Board at which action is taken shall be presumed to have assented to the action taken unless such director's dissent is entered in the minutes of the meeting or unless the director files his written dissent to the action with secretary of the meeting before adjournment or forwards his dissent by registered mail to the secretary of the Association immediately after adjournment of the meeting. Such right to dissent shall not apply to a director who voted in favor of the action. J. Action by Board Without a Meeting. Any action permitted or required to be taken at a meeting of the Board may be taken without a meeting if all directors entitled to vote on such action consent to the action in writing. Any action taken by unanimous written consent of the Board is effective when all of the directors have executed such consent, unless the consent specifies a later effective date. K. Resignation. Any director may resign at any time by delivering written notice to the president or the secretary of the Association, or by giving oral notice at any meeting of the directors or Owners. Resignation shall take effect at the time specified in the Notice of Resignation, or if the time is not specified, upon delivery of the notice. Unless otherwise specified in the notice, the acceptance of the resignation is not required to make the resignation effective. L. Removal. At a meeting of the members called expressly for that purpose, any director or the entire Board may be removed from office, with or without cause, by a majority vote of the Owners entitled to vote. If the entire Board or any one or more directors is removed, new directors may be elected at this same meeting. M. Vacancies. A vacancy on the Board may occur by the resignation, removal or death of an existing director, or as a result of an increase in the number of directors as provided in these Bylaws. Any vacancy occurring in the Board may be filled by the majority vote of Owners entitled to vote. A director elected to fill a vacancy shall be elected for the unexpired term of his predecessor, except that a vacancy to be filled by 6 reason of an increase in the number of directors shall be filled for a term of office continuing only until the next election of directors. N. Compensation. No director shall receive compensation for any service he or she may render to the Association as a director. IV. POWERS OF DIRECTORS The Board, on behalf of and acting for the Association and for the benefit of the Property and the Owners, shall have all the powers and authority permitted to the Board under the Declaration, including but not limited to the following powers: A. Rules and Regulations. Adopt and publish rules and regulations governing the use of Common Areas and the personal conduct of the members and their guests, and establish penalties for any infractions. B. Assessments. Establish and collect regular assessments and/or special assessments to defray expenses attributable to carry out its duties and to maintain an adequate reserve fund for the maintenance, repair and replacement of those portions of the Common Areas which must be maintained, repaired or replaced on a periodic basis. C. Service. Obtain the services of Persons required to properly manage the Property to the extent deemed advisable by the Board including legal and accounting services, property management services, and any personnel as the Board shall determine are necessary or proper for the operation and maintenance of the Common Areas. D. Utilities. Obtain water, sewer, garbage collection, electrical, telephone, gas and any other necessary utility service, including utility easements required for the Common Areas. E. Insurance Obtain and pay for policies of insurance or bonds providing casualty and liability coverage for the Common Areas and for fidelity of Association officers and other employees. F. Maintenance and Repair of Common Areas. Pay for the costs of maintenance, repair and improvement work for the Common Areas and any improvements located therein. Pay for such furnishings and equipment for the Common Areas as the Board shall determine are necessary and proper to keep 7 • the Property in a good, clean, attractive, sanitary and safe condition and in full compliance with applicable governmental laws, rules and regulations and the provisions of the Declaration. G. Enforce Declaration. Enforce the applicable provisions of the Declaration for the management and control of the Property. H. Contracts. Contract for materials and/or services which it deems necessary to carry out its responsibilities as provided in these Bylaws. I. Financial Statements. Prepare or cause to be prepared at least annually, a balance sheet and an operating income/expense statement for the Association, copies of which shall be distributed to each Owner within thirty (30) days after the accounting date. The operating statement shall include a schedule of Assessments received and receivable, identified by the name of the Owners so assessed. The Board may require that an external audit be prepared annually by an independent public accountant within ninety (90) days following the end of each fiscal year. J. Payment for Materials, Services. Etc. Pay for any materials, supplies, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments which the Board is required to secure by law, or which in its opinion are necessary or proper for the operation of the Common Areas or for the enforcement of the Declaration. K. Non-Profit. Nothing herein contained shall be construed to give the Board authority to conduct an active business for profit on behalf of the Association. L. Exercise Powers of Association. Subject to the provisions of the Declaration, the Board shall exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Organization or the Declaration. M. Adopt Amendments. The Board may adopt additional bylaws and rules and regulations governing the Association and the Unit Owners. In the event of conflict between the Declaration and these Bylaws or any additional bylaws or rules and regulations adopted by the Board, the provisions of the Declaration shall prevail. 8 V. OFFICERS A. Number. The Association shall have a president, a secretary and a treasurer who shall be members of the Board (except that, prior to the Transition Date, any individual who is designated by Declarant to serve as an officer may do so), and such other officers as may be deemed necessary or appropriate by the Board. Any two or more offices may be held by the same person. B. Election and Term of Office. The officers of the Association shall be elected by the Board following each annual meeting of the Owners. The officers shall be elected annually and each shall hold office for one (1) year unless he or she shall sooner resign or be removed, or otherwise be disqualified to serve. C. Resignation. Any officer may resign at any time by delivering written notice to the Board, the president, or the secretary, or by giving oral notice at any meeting of the Board. The resignation shall take effect at the time specified, or if the time is not specified, upon delivery of the notice. Unless otherwise specified, acceptance of the resignation is not required to make the resignation effective. D. E. Removal. Any officer may be removed by the Board with or without cause. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he or she replaces. F. President. The president is the principal executive officer of the Association and, subject to the control of the Board, shall generally supervise and control the business and affairs of the Association. When present, the president shall preside at all meetings of the Owners and at all meetings of the Board. The president may sign deeds, mortgages, bonds, contracts, or other instruments which the Board has authorized to be executed, except in cases where the signing and execution shall be expressly delegated by the Board or by these Bylaws to some other officer or agent of the Association or shall be required by law to be otherwise signed or executed. In general, the president shall perform all duties incident to the office of president and such other duties as may be prescribed by resolution of the Board from time to time. 9 • G. Secretary. The secretary shall keep the minutes of the proceedings of the members and the Board; shall give notices in accordance with the provisions of these Bylaws and as required by law; shall be custodian of the Association records; shall keep a record of the names and addresses of all Owners; may sign with the president, deeds, mortgages, bonds, contracts, or other instruments which shall have been authorized by resolution of the Board; in the absence of the president or in the event of his death, disability or refusal to act, may perform the duties of the president subject to all the restrictions upon the president; and in general perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to the secretary by resolution of the Board. H Treasurer. The treasurer shall have charge and custody and be responsible for keeping correct and complete books and records of accounts for all funds and securities of the Association; receive and give receipts for monies due and payable to the Association from any source whatsoever; deposit all such monies in the name of the Association in the banks, trust companies or other depositories as shall be selected in accordance with the provisions of these Bylaws; and in general perform all of the duties incident to the office of treasurer and such other duties as from time to time may be assigned to the treasurer by resolution of the Board. VI. CONTRACTS, LOANS, CHECKS, DEPOSITS A. Contracts. The Board may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name and on behalf of the Association, which authorization may be general or confined to specific instances. B. Loans. Unless authorized by a resolution of the Board, no loans shall be contracted on behalf of the Association and no evidences of indebtedness shall be issued in its name. C. Checks. Drafts. Etc. All checks, drafts or other orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Association shall be signed by the officer or officers, or agent or agents of the Association in the manner as shall from time to time be prescribed by resolution of the Board. D. Deposits. All funds of the Association not otherwise employed shall be deposited from time to time to the credit of the Association in the banks, trust companies or other depositories as the Board may select. 10 E. Loans to Directors and Officers. No loans shall be made by the Association to any officer or to any director. VII. ASSESSMENTS As more fully provided in the Declaration, each Owner is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the Lot against which the assessments are allocated. Any assessments not paid when due shall be delinquent. If payment is not made for a period of more than ten (10) days after the date when due, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) percent per annum. The Association may foreclose the lien for delinquent assessments against a Lot in like manner as the foreclosure of a mortgage of real property, and interest, costs and reasonable attorney's fees of the action shall be added to the amount of the delinquent assessments. No Owner may waive or otherwise escape liability for the assessments provided in these Bylaws and in the Declaration by non use of the Common Areas or abandonment of his Lot. VIII. RULES OF PROCEDURE The rules of procedure at meetings of the Board, meetings of the Owners, and committee meetings shall be the rules contained in Roberts' Rules of Order on Parliamentary Procedure, as amended, so far as applicable and when not inconsistent with these Bylaws, the Articles of Organization, the Declaration or any resolution of the Board. IX. SEAL This Association need not have a corporate seal. If the directors adopt a corporate seal, the seal of the corporation shall be circular in form and consist of the name of the Association, the state and year of incorporation, and the words "Corporate Seal." X. INDEMNIFICATION Each Board member and Declarant shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed, in connection with any proceeding to which such party may be a party, or in which such party may become involved, by reason of holding or having held such position, or any settlement thereof, whether or not such party holds such position at the time such expenses or liabilities are incurred, except to the extent such expenses and liabilities are covered by insurance and except in such cases wherein such Board member or Declarant is adjudged guilty of willful misfeasance in the performance of his or her duties; provided, that in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association. 1 1 XI. BOOKS AND RECORDS The Board shall cause to be kept complete, detailed and accurate books and records of the receipts and expenditures (if any) of the Association, in a form that complies with generally accepted accounting principles. The books and records, authorizations for payment of expenditures, and all contracts, documents, papers and other records of the Association shall be available for examination by the Owners, any Mortgagees, and the agents or attorneys of either of them, during normal business hours and at any other reasonable time or times. XII. FISCAL YEAR The fiscal year of the Association shall be the calendar year, except that the first fiscal year shall begin on the date of recordation of the Declaration. XIII. COPIES OF RESOLUTIONS Any person dealing with the Association may rely upon a copy of any of the records of the proceedings, resolutions or votes of the Board when such records are certified by the president or the secretary. XIV. LIMITATION ON DISTRIBUTION OF FUNDS Subject to the applicable law, the funds of the Association may be distributed only for the purposes of the Association as described in the Articles of Organization and in the Declaration. XV. AMENDMENTS TO BYLAWS Subject to the provisions of the Declaration, these Bylaws may be altered, amended or repealed, and new Bylaws may be adopted by the Board or by the Owners. Any bylaw adopted, amended or repealed by the directors may be repealed, amended or reinstated by the Owners at the next meeting of members following such action, without further notice than this Bylaw. [Remainder of Page Left Blank-Signature on Following Page] 12 The undersigned Declarant, being the sole Owner of the Lots and the sole Member of the Association as of the date set forth below, hereby adopts these Bylaws as the initial Bylaws of the Parklane Court Homeowners Association, and hereby declares and certifies that these Bylaws are the Bylaws of Parklane Court Homeowners Association as of such date. DATED: March L, 2007. DECLARANT: 3/1/07 4:27 PM (I SPECIALIZED HOMES, L.L.C., a Washington limited liability company By: SH Real Estate, Inc., sole member 13 ~ CITY OF RENTON ASSIGNMENT OF FUNDS Washington Federal Savings 116 KirkLmJ .Aw., Kirkland, WA 98033-6595 (425)322-6,76 fax: (425)889-0572 APPLICANT: SPECIAI,IZE!l HQMES LLC BANK: WASHINGTON FEDERAL Owner: Robert Niemann Branch: Kirkland Address: 1741 4th Ave S Ste B Address: 116 Kirkland·· Ave Seattle WA 98I34 Kirk!ana WA 98033 Phone: (206)340-0575 Phone: (425)822-5075 Fax: (206) 382-1592 Fax: (425)889-0572 Attention: Robert Niemann Attention: Dennice Henshaw Title: President Title: VP & Manager SAVINGS The above referenced bank hereby certifies that Fifty five thousand seven hundred thirty five dollars ($ 55,735 .oq is on deposit in the account number 001-415407-1 -------------- under the name of the City of Renton, to secure the applicant's performance of the following work required in connection with the plat or project described below. Plat or Project: PARKLANE Location/ Address of Plat or Project: 146th Ave SE & SE 2nd Ct The required work is generally described as follows: WETLAND MITIGATION The bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 10 days of receiving written notice that the City has determined that the required work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the City and shall not interplead or in any manner delay payment of said funds to the City. The applicant hereby agrees to this assignment of funds and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This Assignment of funds is irrevocable and cannot be cancelled by the bank or applicant. These funds may not be assigned, pledged, used as security or otherwise made available to the applicant, bank or a third party without the prior written consent of the City. Name, Title March 8, 2007 Date S LLC President Authorized Signature Dennice Henshaw, VP & Mgr. Name, Title March 8, 2007 Date C:\WINOOWS\TEMPOR-l \CONTENT. IE5\S 1 KH03U l \Assignment uf Funds.doc With Offices in Washingwn, Idaho, Oregon, Uwh, Arizona, Nevada and Texas. • DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PLAT OF P ARKLANE COURT THIS DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PLAT OF PARKLANE COURT, dated as of , 2006, is made by SPECIALIZED HOMES, L.L.C., a Washington limited liability company ("Declarant"), with reference to the following lots: Declarant is the owner of certain real property commonly known as Tract 12, Black Loam Five Acre Tracts, according to the plat thereof recorded in Volume 12 of Plats, Page IO I in King County (the Property"). The Property consists of Lots I through 10, and Tracts A and B of the Plat of PARKLANE COURT, legally described in Exhibit A hereto and depicted in the final plat (the "Plat") recorded , 2006, in Volume~ of Plats, pages_ through_ inclusive, King County, Washington, under King County Auditor's No. ______ _ Declarant makes this Declaration, and subjects the Property to this Declaration, to create a home owners association, to provide for the ownership, maintenance and preservation of certain common areas and private easements, including a native growth protection easement, and to address other matters related to ownership of the Property. NOW, THEREFORE, Declarant declares that all of the Property described in Exhibit A shall be held, transferred, sold, conveyed, leased, used and occupied subject to the covenants, conditions and restrictions hereinafter set forth which are for the purpose of protecting the value and desirability of, and which shall touch, concern and run with title to, the real property subjected to this Declaration and which shall be binding on all parties having any right, title or interest in the described property or any portion thereof, and their respective heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1.1 Words Defined ARTICLE 1 DEFINITIONS For the purposes of this Declaration and any amendments hereto, the following terms shall have the following meanings and all definitions shall be applicable to the singular and plural forms of such terms: a) "Association" shall mean the Parklane Court Home Owners Association described in Article 6 of this Declaration, its successors and assigns. b) "Board" shall mean the board of directors of the Association. c) "Common Area" and "Common Area Improvements" shall mean all real and personal property now or hereafter owned by the Association for the common use and enjoyment of the Owners. The Common Areas may include parks, open space, recreation areas, private storm drainage easements or detention areas, sidewalks, street trees and street lighting, if any, planted landscape features, water fountains, signage and any other areas owned by the Association and designated as Common Areas by Declarant. The Common Areas to be owned by the Association at the time of conveyance of the first Lot to an Owner other than Declarant are Tracts A and B as described herein and depicted on the Plat. d) "Construction" and "Constructed" shall mean any construction, reconstruction, erection or alteration of an improvement on a Lot, except wholly interior alterations to a then-existing Structure. e) above. "Declarant" shall have the meaning given to that term in the first paragraph t) "Declaration" shall mean this Declaration and Covenants, Conditions and Restrictions for the Plat of Parklane Court, as it may be amended from time to time. g) "First Mortgage" and "First Mortgagee" shall mean, respectively: (a) a recorded Mortgage on a Lot that has legal priority over all other Mortgages thereon; and (b) the holder of a first mortgage. For purposes of determining the percentage of First Mortgagees approving a proposed decision or course of action in cases where a Mortgagee holds First Mortgages on more than one Lot, such Mortgagee shall be deemed a separate Mortgagee for each such First Mortgage so held. h) "Lot" shall mean any one of Lots 1 through 10 as shown in the Plat, together with the structures and improvements, if any, thereon. i) "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. j) "Mortgagee" shall mean the beneficial owner, or the designee of the beneficial owner, of an encumbrance on a Lot created by a mortgage or deed of trust and sha11 also mean the vendor, or the designee o I' a vendor, of a real estate contract for the sale of a Lot. k) "Owner" shall mean the record owner, whether one or more Persons, of fee simple title to a Lot, including a contract seller except those having such interest merely for the performance of an obligation. I) "Person" shall mean an individual, corporation, partnership, association, trust or other legal entity. 2 m) "Plans" shall have the meaning given to such term in Section 5.3. n) "Plat" shall mean the final plat recorded , 2006, in Volume of Plats, pages_ through_ inclusive, King County, Washington, under King County Recording No. ________ _ o) "Private Easements" shall mean the private drainage easements described in the Plat and further described in Article 4, not dedicated to the public. p) "Property" shall mean the land described on Exhibit A, together with all improvements thereon. q) "Structure" shall mean any residence, accessory building, fence, wall, driveway, walkway, patio, deck, swimming pool or the like constructed on a Lot. r) "Tract" shall mean either of Tracts A and B as shown in the Plat, together with the structures and improvements, if any, thereon. s) "Transition Date" shall have the meaning given to such term in Section 6.10. 1.2 Form of Words The singular form of words shall include the plural and the plural shall include the singular. Masculine, feminine and neuter pronouns shall be used interchangeably. ARTICLE 2 PLAN OF DEVELOPMENT 2.1 Development of Property One (I) single-family residence may be constructed on each of the Lots. All Lots are hereby restricted exclusively to single-family residential use and shall be subject to the standards and restrictions set forth in Article 5 hereof. Declarant shall have the right, but not the obligation, for so Jong as Declarant owns any Lot and any Tract, to make improvements and changes to the private easements described on the Plat for: (i) the installation and maintenance of any improvements; and (ii) the installation and maintenance of any other utilities systems and facilities. The Property also includes the following tracts, depicted and designated on the Plat as follows: Tract A Tract B a native growth protection easement tract a storm detention tract. 2.2 Interest Subject to Plan of Development 3 Every purchaser of a Lot within the Property shall purchase such interest and every Mortgagee and lien holder holding an interest therein shall take title, or hold such security interest with respect thereto, with notice of Declarant' s plan of development as herein set forth. Any provision of this Declaration to the contrary notwithstanding, the provisions of the foregoing plan of development as set forth in this Article 2 may not be abrogated, modified, rescinded, supplemented or amended in whole or in part without the prior written consent of Declarant or its successors and assigns as defined in Articles 6 and 21 of this Declaration. ARTICLE3 COMMON AREAS 3.1 "Common Areas" and "Common Area Improvements" "Common Areas" and "Common Area Improvements" include specifically, Tracts A and B as depicted in the Plat and identified as a native growth protection easement tract and a storm detention tract. Common Areas shall be owned by the Association. 3.2 Uses of Tracts A and B Tract A is a native growth protection easement tract and is hereby dedicated and conveyed to the Association upon recording of the Plat. The uses of Tract A shall be limited as defined on the Plat. The Association shall be responsible for the maintenance of Tract A. Tract B is a storm detention tract and is hereby dedicated and conveyed to the Association upon recording of the Plat. The uses of Tract B shall be limited as defined on the Plat. The Association shall be responsible for the maintenance of Tract B. 3.3 Association to Maintain Common Areas The Association shall have the right and the obligation to maintain and repair the Common Areas, except as set forth herein or on the Plat. 3.4 Alteration of Common Areas Nothing shall be altered or constructed upon or removed from the Common Areas, except upon the prior written consent of the Board. Specifically with respect to each Tract, the Association may install landscaping and may also maintain any storm detention or other facilities within the Tract. The right of entry to effect such rights shall apply to the agents, representatives and employees of the Association or subsequent owners of each Tract. The Association shall be responsible for the cost of maintenance, repair, and reconstruction of all improvements within the Tracts owned by the Association. 3.5 Public Areas 4 Any public areas and dedicated areas within the Property shall be subject to all ordinances, rules and regulations of the appropriate governmental agencies with jurisdiction. 4.1 Private Easements ARTICLE 4 PRIVATE EASEMENTS The private easements existing on the Property as of the date hereof are as shown on the Plat. Such private easements shall benefit such governmental agencies, utility providers, Lot owners and other persons as are identified on the Plat, and shall be maintained by the Association or individual Lot Owners as set forth on the Plat. 4.2 Native Growth Protection Easement Dedication of the Tract A Native Growth Protection Easement Area conveys to the public a beneficial interest in the land within the Native Growth Protection Easement. This interest includes the preservation of native vegetation for certain purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The Native Growth Protection Easement imposes upon all present and future owners and occupiers of the land subject to the Native Growth Protection Easement the obligation, enforceable on behalf of the public by the City of Renton, to leave undisturbed all trees and other vegetation within the Native Growth Protection Easement, all as described in further detail on the Plat. ARTICLE 5 CONSTRUCTION ON LOTS AND USE OF LOTS 5.1 Permitted Structures No Structure of any kind shall be constructed, altered, added to or maintained upon any Lot or any other part of the Property, except: (a) improvements or structures which are constructed by Declarant or its agents or assigns; (b) such structures as are approved by the Board in accordance with this Article 5; or (c) structures which pursuant to this Article 5 do not require consent of the Board. 5.2 Uniformity of Use and Appearance One of the purposes of this Declaration is to assure throughout the Property a uniformity of use and quality of: (i) workmanship; (ii) materials; (iii) design; (iv) maintenance; and (v) location of structures with respect to topography and finish grade elevation. It is in the best interests of each Owner that such uniformity of use and quality be maintained as hereinafter 5 provided. No building (except for accessory structures) shall be erected, altered, placed or permitted to remain on any Lot other than one single family dwelling. Accessory structures, including storage buildings, are permitted to the extent allowed by the requirements of this Article 5. Notwithstanding anything herein set forth, the Construction of any Structure shall comply with the more restrictive of either (i) the terms and conditions of this Declaration or (ii) the laws, codes, ordinances and regulations of any governmental entity having jurisdiction. 5.3 Submission of Plans At least twenty (20) days before commencing Construction of any Structure on any Lot, the Owner shall submit to the Board two (2) complete sets of detailed building, surface water run-off control and landscaping plans and specifications and a site plan showing the location of all proposed Structures (the plans, specifications and site plans are individually and collectively referred to herein as the "Plans"). The Plans shall be submitted in a form satisfactory to the Board, which may withhold its approval by reason of its reasonable dissatisfaction with the location of the Structure on the Lot, color scheme, finish, architecture, height impact on view from another Lot or Lots, appropriateness of the proposed Structure, materials used therein, or because of its reasonable dissatisfaction with any other matter which, in the reasonable judgment of the Board, would render the proposed Structure out of harmony with the general plan of development of the Property or other Structures nearby. The Board's approval or disapproval of Plans shall be in writing and approval shall be evidenced by written endorsement on such Plans, one copy of which shall be delivered to the Owner of the Lot upon which the Structure is to be Constructed. In any judicial action to enforce the Board's decision the losing party shall pay the prevailing party's attorney's fees and costs including those incurred in connection with any appeal. 5.4 Construction No Structure shall be Constructed or caused to be Constructed on any Lot unless the Plans for the Structure, including landscaping, have been approved in writing by the Board. The Board's review and approval or disapproval of the Plans on the basis of cost, aesthetic design, harmony with previously approved Structures on or about other Lots in the Property, location, or consistency with this Declaration shall be absolute and enforceable in any court of competent jurisdiction. THE BOARD'S APPROVAL OF ANY PLANS HOWEVER SHALL NOT CONSTITUTE ANY WARRANTY OR REPRESENTATION WHATSOEVER BY THE BOARD OR ANY OF ITS MEMBERS THAT SUCH PLANS WERE EXAMINED OR APPROVED FOR ENGINEERING OR STRUCTURAL INTEGRITY OR SUFFICIENCY OR COMPLIANCE WITH APPLICABLE GOVERNMENTAL LAWS CODES ORDINANCES AND REGULATIONS, AND EACH OWNER HEREBY RELEASES ANY AND ALL CLAIMS OR POSSIBLE CLAIMS AGAINST THE BOARD OR ANY OF THEM AND THEIR HEIRS, SUCCESSORS AND ASSIGNS, OF ANY NATURE WHATSOEVER, BASED UPON ENGINEERING OR STRUCTURAL INTEGRITY OR SUFFICIENCY OR COMPLIANCE WITH APPLICABLE GOVERNMENTAL LAWS CODES ORDINANCES OR REGULATIONS. 6 5.5 Minimum Size a) Floor Area The floor area of the main house constructed on any Lot, exclusive of open porches and garages, shall be not less than: (a) square feet for a dwelling containing a single level; and (b) square feet for a dwelling containing two levels. The Board shall have the discretion to reduce minimum floor area requirements upon a showing of topographical or other physical constraints which limit buildable area. b) Lot Size No Lot or portion of a Lot in this Plat shall be divided and sold or resold, or ownership changed or transferred, whereby the ownership of any portion of this Plat shall be less than the area required for the use district in which the Lot is located. 5.6 Building Laws All buildings or Structures shall be constructed in accordance with all applicable laws and regulations of the City of Renton, Washington, and any other applicable codes. 5. 7 Use Restrictions a) Residential Use The dwellings within the Structures are intended for, and restricted to, use as single family residences only, on an ownership, rental or lease basis, and for social, recreational or other reasonable activities normally incident to such use. The dwellings may also be used for home business activities that do not involve signs, retail sales, frequent visits by customers, clients or non-resident employees, or other activities that would detract from the residential character of the Property. In addition to the foregoing, Declarant may use dwellings it owns as sales offices and models for sales of other Lots. b) Maintenance of Buildings and Lots Each Owner shall, at the Owner's sole expense, keep the interior and exterior of the Structure on the Owner's Lot, as well as the Lot, in a clean and sanitary condition, free of rodents and pests, and in good order, condition and repair, and shall do all redecorating, painting, landscaping and maintenance at any time necessary to maintain the appearance and condition of the Structure and the Lot. c) Completion of Construction Any Structure erected or placed on any Lot shall be completed as to external appearance within nine (9) months from the date Construction is started. However, with good cause shown, the Board may extend this term. All yards and landscaping must be completed no later than thirty (30) days after the date of occupancy of the Structure. However, with good cause shown, the Board may extend this term. All Lots shall be maintained in a neat and orderly condition during Construction. 7 d) Parking No trucks, campers, trailers, boats, motorcycles or other vehicles or any part thereof shall be parked or permitted to remain on any Lot, unless the same is stored in a garage. e) Signs No sign of any kind shall be displayed to public view on or from any Lot without the prior written consent of the Board, except for "For Rent" or "For Sale" signs in a form, and for a period of time, not prohibited by any rules and regulations of the Board. This Section shall not apply to the Declarant. I) Animals Animals, including horses, livestock, poultry, reptiles and pigs, shall not be kept on any Lot, except that household pets not exceeding three (3) in number may be kept on a Lot. All animal enclosures must be kept in a clean, neat and odor-free condition at all times. All animals must be kept outside of the building setback areas. The Board may at any time require the removal of any pet which it finds is disturbing other Owners or tenants unreasonably, in the Board's determination, and may exercise this authority for specific pets even though other pets are permitted to remain. Notwithstanding anything set forth herein, all Owners shall comply with all applicable governmental laws, codes. ordinances and regulations pertaining to animals. g) Temporary Structures No Structure of a temporary character. trailer, tent, shack, garage, barn or other outbuilding shall be installed, placed or used on any Lot as a residence, either temporarily or permanently. h) Clothes Lines No washing, rugs, clothing, apparel or any other article shall be hung from the exterior of any Structure or on a Lot so as to be visible from the streets and roadways adjoining the Lots. i) Radio and Television Aerials Normal and customary television antennas, radio aerial and satellite receiving dishes of less than 20 inches in diameter, in all cases designed for residential neighborhood use, shall be allowed to be erected or placed on any Lot so long as no part of such equipment is more than six (6) feet in height above the highest point (exclusive of chimneys) on the Structure upon which it is erected. No rotary beams, separate towers or other similar devices shall be Constructed on any Lot without the written approval of the Board. Except as installed by Declarant, no other satellite receiving dishes or other such electronic receiving devices shall be located on any Lot in a location that is visible from the adjoining homes, without the prior written approval of the Board. j) Trash Containers and Debris All trash shall be placed in sanitary containers either buried or screened so as not to be visible from adjoining Structures or streets or roadways. No Lot or any portion thereof shall be used as a dumping ground for trash or rubbish of any kind. Yard rakings, dirt and debris 8 resulting from landscaping work or Construction shall not be dumped onto adjoining Lots or streets or roadways. Compost piles may be kept upon the Lots provided they are kept in a clean, neat and sanitary condition and comply with any rules and regulations of the Board. k) Offensive Activity Except as otherwise provided in Section 5.7(a), no trade, craft, business, profession, commercial or manufacturing enterprise or business or commercial activity of any kind, including day schools, nurseries or church schools, shall be conducted or permitted on any Lot, nor shall goods, equipment, vehicles or materials used in connection therewith, be kept, parked, stored, dismantled or repaired outside of any Lot or on any street within the Property. No noxious or offensive activity, including but not limited to the creation of excess levels of noise, shall be carried on in any Lot, nor shall anything be done therein which may be or become an annoyance or nuisance to other Owners or tenants. I) Setbacks All Structures shall comply with all applicable governmental laws, codes, ordinances and regulations pertaining to setbacks. No building foundations are allowed beyond the required setback line unless otherwise provided for by law. m) Fences No fence shall be constructed on any Lot without the prior written approval of the Board, which approval may be granted or denied in the Board's sole discretion. All fences shall be l" x 4" cedar construction or better and shall otherwise be constructed in a good and workmanlike manner, shall be artistic in design and shall not detract from the appearance of any adjacent Structures. Attached hereto as Exhibit B is a Board-approved fence detail. In addition, the finished wood side of the fence shall face the adjacent Lot(s). No fence shall exceed six (6) feet in height. No fence shall be allowed within the front yard setback. All fences shall be set back at least ten (10) feet from the front elevation of the residence as well as the front elevation of the garage and any portion thereof. No fences shall be erected over, upon or within the easement areas provided for in the Plat. n) Underground Utilities All utility lines or wires located outside a dwelling unit shall be in conduits attached to such units or underground. o) Drainage Absolutely no dumping of any pollutants into the storm sewer systems shall be permitted. p) Damage Any damage to streets, Plat improvements, entry structures, fences, landscaping, mailboxes, lights and lighting standards by Owners, their guests, invitees, licensees, contractors, agents or service personnel shall be repaired by such Owner within twelve (12) days from the occurrence of such damage. 9 q) Driveways All driveways shall be concrete, or other Board approved material, from the edge of the paved street to connect with the paved surface of the floor of the garage. r) Landscaping (i) Front Yards All front yards of Lots shall be landscaped primarily with grass sod from the edge of the right-of-way to within ten (10) feet of the residence; provided, however, that within such front yard areas may be located flower beds, paths and patio areas. (ii) Back Yards All back yards of Lots shall be landscaped which shall include, at a minimum, a hydro seeded lawn and bark or other similar material covering (iii) Tree Requirement Building permit applicant shall be required to plant two new trees within the front yard setback area of each new lot prior to final building permit inspection. All landscaping shall be completed no later than thirty (30) days after the date of occupancy of the Structure on the Lot. s) Mailboxes All mailboxes must be of a standard accepted by the U.S. Postal Authorities and must be located in those areas so designed by the U.S. Postal Department and the Board. Structures containing mailboxes must be approved by the Board. t) Compliance with Laws This Plat is subject to the platting provisions of all applicable municipal and/or county codes, and shall comply with the minimum requirements of all applicable zoning classifications. All lots in this Plat shall meet the minimum dimensional requirements of such applicable zoning classifications and shall be generally as shown on the face of the approved plat. Notwithstanding anything to the contrary set forth herein, each owner and the Association shall comply with the more restrictive of either (a) the terms and conditions of this Declaration, or (b) the laws, codes, ordinances and regulations of any governmental entity having jurisdiction. 5.8 Variances The Board shall be empowered to grant variances with respect to the use restrictions contained herein, provided that such variances shall not violate any applicable laws, codes, ordinances and regulations of any governmental entity having jurisdiction, shall not be granted on an arbitrary basis, and shall not unfairly discriminate between Owners. 10 ARTICLE 6 PARKLANE COURT HOME OWNERS ASSOCIATION 6.1 Organization The Parklane Court Home Owners Association is an unincorporated association of all Owners. Attached hereto as Exhibit C are the initial Articles of Organization for the Association. It is contemplated that the Board may file articles of incorporation after the date hereof in order to incorporate the Association under the laws of the state of Washington relating to nonprofit corporations, as and when the Board determines that such action should be pursued. Attached hereto as Exhibit D are the initial Bylaws of the Association. The bylaws, together with the articles and this Declaration, shall govern the affairs of the Association. 6.2 Board of Directors The affairs of the Association shall be governed by a Board of Directors (the "Board") which shall be composed of one or more members, to be determined in the reasonable discretion of the Association. The Declarant initially shall constitute the Board and shall be fully authorized to exercise all of the powers of the Association until the Transition Date as defined in Section 6.10. Subject to any specific requirements hereof, the Board shall have authority to establish operating rules and procedures. In the event of death or resignation of any member or members of the Board, the remaining member or members, if any, shall have full authority to appoint a successor member or members. Members of the Board shall not be entitled to any compensation for services performed pursuant to this Declaration. 6.3 Qualification for Membership Each fee owner of a Lot (including Declarant) shall be a member of the Association and shall be entitled to one membership and one vote for each Lot owned, provided, that if a Lot has been sold on contract, the contract purchaser shall exercise the rights of an Owner for purposes of the Association and this Declaration, except as hereinafter limited, and shall be the voting representative unless otherwise specified. Ownership of a Lot shall be the sole qualification for membership in the Association. 6.4 Transfer of Membership The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except upon the transfer of title to the Lot and then only to the transferee of title to the Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association to the new Owner. 6.5 Number of Votes The total voting power of the Association at any given time shall equal the number of Lots included within the Property at that time. The Owner or Owners of each Lot within the 1 1 Property shall be entitled to one vote. If a Person (including Declarant) owns more than one Lot, he or she shall have the votes appertaining to each Lot owned. 6.6 Voting If a Lot is owned by husband and wife and only one of them is at a meeting, the one who is present will represent the marital community. The vote for a Lot must be cast as a single vote, and fractional votes shall not be allowed. If joint Owners are unable to agree among themselves how their vote shall be cast, they shall lose their right to vote on the matter in question. 6. 7 Pledged Votes An Owner may, but shall not be obligated to, pledge his vote on all issues or on certain specific issues to a Mortgagee; provided, however, that if an Owner is in default under a Mortgage on his Lot for ninety (90) consecutive days or more, the Owner's Mortgagee shall automatically be authorized to declare at any time thereafter that such Owner has pledged his vote to the Mortgagee on all issues arising after such declaration and during the continuance of the default. If the Board has been notified of any such pledge to a Mortgagee, only the vote of the Mortgagee will be recognized on the issues that are subject to the pledge. 6.8 Annual and Special Meetings Within the period commencing thirty (30) days before the Transition Date and ending thirty (30) days after the Transition Date, there shall be a meeting of the members of the Association and thereafter there shall be an annual meeting of the members of the Association in the first quarter of each fiscal year at such reasonable place and time as may be designated by written notice from the Board delivered to the Owners no less than thirty (30) days before the meeting. At the first such meeting, and at each annual meeting thereafter, the Owners shall elect by majority vote individuals to serve as Board members until a successor is elected at the next annual meeting. Each Lot shall be entitled to one vote for each director and the voting for directors shall be noncumulative. The financial statement for the preceding fiscal year (if any) and the budget the Board has adopted for the pending fiscal year shall be presented at the annual meeting for the information of the members. Special meetings of the members of the Association may be called at any time upon not less than fourteen (14) days' prior written notice to all Owners, for the purpose of considering matters which require the approval of all or some of the Owners, or for any other reasonable purpose. Any First Mortgagee of a Lot may attend or designate a representative to attend the meetings of the Association. 6.9 Books and Records The Board shall cause to be kept complete, detailed and accurate books and records of the receipts and expenditures (if any) of the Association, in a form that complies with generally accepted accounting principles. The books and records, authorizations for payment of expenditures, and all contracts, docmncnts, papers and other records of the Association shall be available for examination by the Owners, any Mortgagees, and the agents or attorneys of either of them, during normal business hours and at any other reasonable time or times. 12 6.10 Transition Date As noted above, Declarant initially shall constitute the Board and shall be fully authorized to exercise all of the powers of the Association until the occurrence of the Transition Date. The "Transition Date" shall be the earlier of: (a) the date designated by Declarant in a written notice to the Owners, which date may be any date after this Declaration has been recorded, or (b) the thirtieth (30th) day after Declarant has transferred to retail purchasers title to all Lots. From and after the Transition Date, the then-current Owners of sixty percent (60%) of the Lots in the Property shall have the power through a written instrument recorded in the real property records of King County, Washington to restrict or eliminate any or all of the approval powers and duties of the Board set forth in this Declaration, excluding the duty to maintain the Common Areas. ARTICLE 7 NOTICES FOR ALL PURPOSES All notices given under the provisions of this Declaration or rules or regulations of the Association shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, the notice shall be deemed to have been delivered on the third (3rd) day of regular mail delivery after a copy has been deposited in the U. S. mail, first class, postage prepaid, addressed to the Person entitled to such notice at the most recent address known to the Board. Mailing addresses may be changed by notice in writing to the Board. Notices to the Board may be given to any Board member or, until the Transition Date mailed to Declarant at the following address: Specialized Homes, L.L.C., 1741 4th Avenue South, Suite B, Seattle, WA 98134. The Board's address may be changed from time to time by the execution and recording of an instrument in the real property records of King County, Washington which (a) refers to this Declaration and this Article 7; and (b) sets forth the Board's new address. ARTICLE 8 AUTHORITY OF THE BOARD 8.1 Adoption of Rules and Regulations The Board is empowered to adopt, amend and revoke on behalf of the Association detailed administrative rules and regulations necessary or convenient from time to time to insure compliance with the general guidelines of this Declaration, to promote the comfortable use and enjoyment of the Property and to govern the operation and procedures of the Association. The rules and resolutions may, without limitation, authorize voting by proxy or mail, or both, on Association matters. The rules and regulations of the Association shall be binding upon all Owners and occupants and all other Persons claiming any interest in the Property. 8.2 Enforcement of Declaration, Etc. The Board shall have the power to enforce the provisions of this Declaration, and the rules and regulations of the Association for the benefit of the Association. The failure of any Owner to comply with the provisions of this Declaration, or the rules and regulations of the 13 Association will give rise to a cause of action in the Association (acting through the Board) and any aggrieved Owner for recovery of damages, or injunctive relief, or both. If a legal action is brought to interpret or enforce compliance with the provisions of this Declaration, or the rules or regulations of the Association, the prevailing party shall be entitled to judgment against the other party for its reasonable expenses, court costs and attorneys' fees in the amount awarded by the Court. 8.3 Goods and Services The Board shall acquire and pay for as common expenses of the Association all goods and services reasonably necessary or convenient for the efficient and orderly maintenance of all portions of the Common Areas not maintained by public utility companies or a governmental entity. The goods and services shall include (by way of illustration and not limitation) utility services for the Common Areas; policies of insurance; and maintenance, repair, landscaping, gardening, and general upkeep of the Common Areas. The Board may hire such employees or agents as it considers necessary. 8.4 Protection of Common Areas The Board may spend such funds and take such action as it may from time to time deem necessary to preserve the Common Areas, settle claims, or otherwise act in what it considers to be the best interests of the Association. ARTICLE9 BUDGET AND ASSESSMENT FOR COMMON EXPENSES 9.1 Fiscal Year; Preparation of Budget The Board may adopt such fiscal year for the Association as it deems to be convenient. Unless another year is adopted, the fiscal year will be the calendar year. As soon as the Board in its discretion deems advisable, and prior to the expiration of each fiscal year thereafter, the Board shall establish a budget for the costs during the ensuing fiscal year of maintaining the Common Area, the private easement areas, the landscape area and all other areas which the Association is responsible to maintain. The Board shall then assess each Lot with its pro rata share of such estimated costs, based upon the number of Lots then-within the Property and the appropriate number oflots required to share in such costs based on the beneficial interest of such lots in the Private Easements as described in the Plat and in this Declaration. The Board, at its election, may require the Owners to pay the amount assessed in equal monthly or quarterly installments or in a lump sum annual installment. The Board shall notify each Owner in writing at least ten (10) days in advance of each assessment period of the amount of the assessment for said period, which notice shall be accompanied by a copy of the budget upon which the assessment is based. The assessments levied by the Board shall be used exclusively to promote the recreation, health, safety and welfare of the Owners and for the improvement and maintenance of the Common Areas and the Private Easement areas. 9.2 Certificate of Unpaid Assessments 14 Any failure by the Board or the Association to make the budget and assessments hereunder before the expiration of any fiscal year for the ensuing fiscal year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of the Owners from the obligation to pay assessments during that or any subsequent year, and the assessment amount and payment method established for the preceding fiscal year (if any) shall continue until a new assessment is established. Upon the request of any Owner or Mortgagee or prospective Owner or prospective Mortgagee of a Lot, the Board will furnish a statement of the amount, if any, of unpaid assessments charged to the Lot. The statement shall be conclusive upon the Board and the Association as to the amount of such indebtedness on the date of the statement in favor of all purchasers and Mortgagees of the Lot who rely on the statement in good faith. All assessments and other receipts received by the Association shall belong to the Association. 9.3 Date of Commencement of Annual Assessments The annual assessments provided for herein shall commence as to all Lots at such time as the Board in its absolute discretion deems advisable. The first annual assessment shall be adjusted according to the number of months remaining in the fiscal year. ARTICLE 10 LIEN AND COLLECTION OF ASSESSMENTS 10.1 Assessments Are a Lien; Priority All unpaid sums assessed by the Association for the share of the common expenses chargeable to any Lot and any sums specially assessed to any Lot under the authority of this Declaration shall constitute a lien on the Lot and all its appurtenances from the date the assessment becomes due and until fully paid. The lien for such unpaid assessments shall be subordinate to tax liens on the Lot in favor of any assessing unit and/or special district, and to all sums unpaid on all First Mortgages of record, but, to the extent permitted by applicable law, shall have priority over all other liens against the Lot. A First Mortgagee that obtains possession through a Mortgage foreclosure or deed of trust sale, or by taking a deed in lieu of foreclosure or sale, or a purchaser at a foreclosure sale, shall take the Lot free of any claims for the share of common expenses or assessments by the Association chargeable to the Lot which became due before such possession, but will be liable for the common expenses and assessments that accrue after the taking of possession. A Lot's past-due share of common expenses or assessments shall become new common expenses chargeable to all of the Lot Owners, including the Mortgagee or foreclosure sale purchaser and their successors and assigns, in proportion to the number of Lots owned by each of them. Notwithstanding any of the foregoing, however, the Owner and the real estate contract purchaser shall continue to be personally liable for past due assessments as provided in Section 10.3. For purposes of this Section, "Mortgage" does not include a real estate contract and "Mortgagee" does not include the vendor or the assignee or designee of a vendor of a real estate contract. 15 10.2 Lien May Be Foreclosed The lien for delinquent assessments may be foreclosed by suit by the Board, acting on behalf of the Association, in like manner as the foreclosure ofa mortgage ofreal property. The Board, acting on behalf of the Association, shall have the power to bid on the Lot at the foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. 10.3 Assessments Are Personal Obligations In addition to constituting a lien on the Lot, all sums assessed by the Association chargeable to any Lot, together with interest, late charges, costs and attorneys' fees in the event of delinquency, shall be the joint and several personal obligations of the Owner and any contract purchaser of the Lot when the assessment is made and their grantees. Suit to recover personal judgment for any delinquent assessments shall be maintainable without foreclosing or waiving the liens securing them. 10.4 Late Charges and Interest on Delinquent Assessments The Board may from time to time establish late charges and a rate of interest to be charged on assessments delinquent for a period of more than ten ( 10) days after the date when due. In the absence of another established, non usurious rate, delinquent assessments shall bear interest at the rate of twelve percent ( 12%) per annum. If an installment on an assessment against a Lot is not paid when due, the Board may elect to declare the entire assessment against the Lot for the remainder of the fiscal year to be immediately due and payable. 10.5 Recovery of Attorneys' Fees and Costs In any action to correct delinquent assessments, the prevailing party shall be entitled to recover as a part of its judgment a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in connection with the action, in addition to taxable costs permitted by law. 10.6 Remedies Cumulative The remedies provided herein are cumulative and the Board may pursue them, and any other remedies which may be available under law although not expressed herein, either concurrently or in any order. ARTICLE 11 FAILURE OF BOARD TO INSIST ON STRICT PERFORMANCE NO WAIVER The failure of the Board in any instance to insist upon the strict compliance with this Declaration or rules and regulations of the Association, or to exercise any right 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 any term, covenant, condition, or restriction. The receipt by the Board of payment of any assessment from an Owner, with knowledge of any breach by the 16 Owner, shall not be a waiver of the breach. No waiver by the Board of any requirement shall be effective unless expressed in writing and signed for the Board. ARTICLE 12 LIMITATION OF LIABILITY So long as a Board member, or Association member, or Declarant has acted in good faith, without willful or intentional misconduct, upon the basis of such information as is then possessed by such Person, then no such Person shall be personally liable to any Owner, or to any other Person, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of such Person; provided, that this Article shall not apply where the consequences of such act, omission, error or negligence are covered by any insurance actually obtained by the Board. ARTICLE 13 INDEMNIFICATION Each Board member and Declarant shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed, in connection with any proceeding to which such party may be a party, or in which such party may become involved, by reason of holding or having held such position, or any settlement thereof, whether or not such party holds such position at the time such expenses or liabilities are incurred, except to the extent such expenses and liabilities are covered by insurance and except in such cases wherein such Board member or Declarant is adjudged guilty of willful misfeasance in the performance of his or her duties; provided, that in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association. ARTICLE 14 INSURANCE At such times as the Board deems appropriate, the Board shall cause the Association to purchase and maintain as a common expense a policy or policies of insurance which the Board deems necessary or desirable to provide: casualty insurance; comprehensive liability insurance; insurance, if available, for the protection of the Association's directors and representatives from personal liability in the management of the Association's affairs; and such other insurance as the Board deems advisable. The Board shall review the adequacy of the Association's insurance coverage at least annually. ARTICLE 15 DAMAGE AND REP AIR OF DAMAGE TO PROPERTY In the event of any casualty, loss or other damage to the Common Area for which the then-current assessments by the Board are insufficient to repair or restore, or for which there are not insurance proceeds or insufficient insurance proceeds available to the Board for such 17 restoration or repair, the Board may make a special assessment against each Lot for its pro rata share of the cost and expenses to repair and/or restore the Common Areas. The special assessment shall be payable, at the determination of the Board, in either monthly or quarterly installments or in a single lump sum amount. The Board shall notify each Owner of any such special assessment not less than twenty (20) days prior to the date such special assessment or the first installment thereon is due and payable, which notice shall be accompanied by a reasonably detailed statement of the Board's estimated costs and expenses ofrepairing and/or restoring the Common Areas. ARTICLE 16 AMENDMENTS OF DECLARATION 16.1 Amendments of Declarant Prior to the Transition Date, Declarant may amend this Declaration by an instrument in writing filed and recorded in the Records of King County, Washington, without the approval of any Owner or Mortgagee; provided, however, that (a) in the event that such amendment materially alters or changes any Owner's right to the use and enjoyment of his Lot or the Common Areas as set forth in this Declaration or adversely affects the title to any Lot, such amendment shall be valid only upon the written consent thereto by a majority in number of the then-existing Owners affected thereby, or (b) in the event that such amendment would materially and adversely affect the security, title and interest of any Mortgagee, such amendment shall be valid only upon the written consent thereto of all such Mortgagees so affected. Each Owner, by acceptance of a deed or other conveyance of a Lot, agrees to be bound by such amendments as are permitted by this Section 16.1 and further agrees that, if requested to so do by Declarant, such Owner will consent to the amendment of this Declaration or any other instruments relating to the Property (i) if such amendment is necessary to bring any provision hereof or thereof into compliance or conformity with the provisions of any applicable governmental statute, rule or regulation or any judicial determination which shall be in conflict therewith, (ii) if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to any Lots subject to this Declaration, (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on any Lot or other improvements subject to this Declaration, or (iv) if any such amendment is necessary to enable any governmental agency or reputable private insurance company to insure Mortgages on the Lots or other improvements subject to this Declaration. 16.2 Amendments by Association Any Owner may propose amendments to this Declaration to the Board. A majority of the members of the Board may cause a proposed amendment to be submitted to the members of the Association for their consideration. If an amendment is proposed by Owners of 20% or more of the Lots, then, irrespective of whether the Board concurs in the proposed amendment, it shall be 18 submitted to the members of the Association for their consideration at their next regular or special meeting for which timely notice may be given. Notice of a meeting at which an amendment is to be considered shall include the text of the proposed amendment. Amendments may be adopted at a meeting of the Association or by written consent of the requisite number of Persons entitled to vote, after notice has been given to all Persons entitled to receive notice of a meeting of the Association. The unanimous consent of all Owners shall be required for adoption of either: (a) an amendment changing the voting power or portion of assessments appurtenant to each Lot; or (b) an amendment of Section 5.7 or of this Article 16. All other amendments shall be adopted if approved by the Owners of sixty percent (60%) of the Lots. Once an amendment has been adopted by the Association, the amendment will become effective when a certificate of the amendment, executed by a member of the Board, has been recorded in the real property records of King County, Washington. 16.3 Amendments to Article 3 Notwithstanding the foregoing provisions regarding amendments, no amendment to this Declaration which affects the obligation of the Owners to maintain Common Areas as set forth in Article 3 hereof shall become effective without the prior written consent of the City of Renton, Washington, or the then-appropriate governmental entity with jurisdiction over such matters. ARTICLE 17 ANNEXATION AND SUBDIVISION Residential property other than the Common Areas may be annexed or added to the Property only with the consent of sixty percent (60%) of the Association. No Lot shall be subdivided or combined without the approval of all Owners. Notwithstanding the foregoing, no Lot or portion of any Lot shall be divided and sold or resold or ownership transferred whereby ownership of any Lot shall be less than the area required for the use district of the Property. ARTICLE 18 DURATION The covenants, conditions, and restrictions of this Declaration shall run with and bind the Property, and shall inure to the benefit of and be enforceable by the Owners, their respective legal representatives, heirs, successors, and assigns, for a period of thirty (30) years from the date this Declaration is recorded, after which time the covenants, conditions and restrictions shall be automatically extended for successive periods of ten (I 0) years each unless an instrument signed by a majority of the then-Owners has been recorded agreeing to terminate the covenants, conditions and restrictions. Notwithstanding the foregoing, no such termination shall be effective so as to terminate the obligation of the Owners to maintain the Common Areas as set forth in Article 3 hereof without the prior written consent of the City of Renton, Washington, or the then-appropriate governmental entity with jurisdiction over such matters. 19 ARTICLE 19 SEVERABILITY The provisions of this Declaration shall be independent and severable, and the unenforceability of any one provision shall not affect the enforceability of any other provision. ARTICLE 20 EFFECTIVE DATE This Declaration shall be effective upon recording. ARTICLE 21 ASSIGNMENT BY DECLARANT Declarant reserves the right to assign, transfer, sell, lease or rent all or any portion of the Property and reserves the right to assign all or any of its rights, duties and obligations created under this Declaration. DATED as of the date first written above. DECLARANT: SPECIALIZED HOMES, L.L.C., a Washington limited liability company By: SH Real Estate, Inc., a Washington corporation, its sole member By: __________ _ Robert Niemann, President 20 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that ROBERT NIEMANN is the person who appeared before me, and that said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the President of SH Real Estate, Inc., a Washington corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this ____ day of_ ···--' 2006. (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the state of Washington, Residing at------------ My commission expires: ______ _ 21 EXHIBIT A TO DECLARATJ01',; FOR THE PLAT OF PARKLANE COURT Legal Description Lots 1 through 10, and Tracts A and B of the Plat of PARKLANE COURT according to the Plat thereof, Recorded in Volume~ of Plats, Pages_ through_, King County, Washington 22 EXHIBITB TO DECLARATION FOR THE PLAT OF PARK.LANE COURT F cnce Detail 23 EXHIBIT C TO DECLARATION !'OR THE PLAT OFPARKLANE COURT A1ticlcs of Organization 24 EXHIBIT D TO DECLARATION FOR TIIE PLAT OF PARK.LANE COURT Ilylaws 25 RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: LeifM. Ormseth Ormseth Law Office, P.S. P.O. Box 1050 Vashon, Washington 98070-1050 DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PLAT OF PARKLANE COURT Grantor: Grantee: Legal Description: Assessor's Tax Parcel No: Reference Nos. of Document SPECIALIZED HOMES, L.L.C., a Washington limited liability company Homeowners in the Plat of PARK.LANE COURT, Lots I through 10, and Tracts A and B of the Plat of PARK.LANE COURT according to the Plat thereof, Recorded in Volume_ of Plats, Pages_ through_, King County, Washington Tax Parcel No. for the entire plat prior to segregation of taxes to individual lots: ----~- Released/ Assigned/ Amended: NA (CCR(s) Parklane Court (vi)) 10/09/06 2:33 PM TABLE OF CONTENTS ARTICLE 1 DEFINITIONS ............................................................................................................. 1 I. I Words Defined ............................................................................................................ I 1.2 Form of Words ........................................................................................................... 3 ARTICLE 2 PLAN OF DEVELOPMENT ....................................................................................... 3 2.1 Development of Property ........................................................................................... 3 2.2 Interest Subject to Plan of Development .................................................................... 3 ARTICLE 3 COMMON AREAS ................................................................................................... 4 3. I "Common Areas" and "Common Area Improvements" ............................................ 4 3.2 Uses of Tracts A and B ............................................................................................... 4 3.3 Association to Maintain Common Areas ................................................................... 4 3 .4 Alteration of Common Areas ..................................................................................... 4 3.5 Public Areas ................................................................................................................ 4 ARTICLE 4 PRIVATE EASEMENTS ............................................................................................ 5 4.1 Private Easements ....................................................................................................... 5 4.2 Native Growth Protection Easement .......................................................................... 5 ARTICLE 5 CONSTRUCTION ON LOTS AND USE OF LOTS .................................................. 5 5.1 Permitted Structures ................................................................................................... 5 5.2 Uniformity of Use and Appearance ............................................................................ 5 5.3 Submission of Plans ................................................................................................... 6 5 .4 Construction ............................................................................................................... 6 5.5 Minimum Size ............................................................................................................ 7 5.6 Building Laws ............................................................................................................ 7 5.7 Use Restrictions .......................................................................................................... 7 5.8 Variances .................................................................................................................... IO ARTICLE 6 PARK.LANE COURT HOME O\VNERS ASSOCIATION ................. , ..................... 11 6.1 Organization ............................................................................................................... 11 6.2 Board of Directors ...................................................................................................... l l 6.3 Qualification for Membership .................................................................................... 11 6.4 Transfer of Membership ............................................................................................. 11 6.5 Number of Votes ........................................................................................................ 11 6.6 Voting ......................................................................................................................... 12 6.7 Pledged Votes ............................................................................................................. 12 6.8 Annual and Special Meetings ..................................................................................... 12 6. 9 Books and Records ..................................................................................................... 12 6. IO Transition Date .......................................................................................................... 13 ARTICLE 7 NOTICES FOR ALL PURPOSES .............................................................................. 13 ARTICLE 8 AUTHORITY OF THE BOARD ................................................................................ 13 8. I Adoption of Rules and Regulations ............................................................................ 13 8.2 Enforcement of Declaration, Etc ................................................................................ 13 8.3 Goods and Services .................................................................................................... 14 8 .4 Protection of Common Areas ..................................................................................... 14 ARTICLE 9 BUDGET AND ASSESSMENT FOR COMMON EXPENSES ................................ 14 9.1 Fiscal Year; Preparation of Budget ............................................................................ 14 9 .2 Certificate of Unpaid Assessments ............................................................................. 14 9.3 Date of Commencement of Annual Assessments ...................................................... 15 ARTICLE 10 LIEN AND COLLECTION OF ASSESSMENTS .................................................... 15 10.1 Assessments Are a Lien; Priority .............................................................................. 15 10 .2 Lien May Be Foreclosed ........................................................................................... 16 10.3 Assessments Are Personal Obligations ..................................................................... 16 10.4 Late Charges and Interest on Delinquent Assessments ............................................ 16 10.5 Recovery of Attorneys' Fees and Costs .................................................................... 16 10.6 Remedies Cumulative ............................................................................................... 16 ARTICLE 11 FAILURE OF BOARD TO INSIST ON STRICT PERFORMANCE NO W AIYER .................................................................................................................... 16 ARTICLE 12 LIMIT A TI ON OF LIAR ILITY ................................................................................. 17 ARTICLE 13 INDEMNIFICATION ................................................................................................ 1 7 AR TIC LE 14 INSURANCE ........................................................................................................... 17 ARTICLE 15 DAMAGE AND REPAIR OF DAMAGE TO PROPERTY ..................................... 17 ARTICLE 16 AMENDMENTS OF DECLARATION .................................................................... 18 16.1 Amendments of Declarant ........................................................................................ 18 16.2 Amendments by Association .................................................................................... 18 16.3 Amendments to Article 3 .......................................................................................... 19 11 ARTICLE 17 ANNEXATION AND SUBDIVISION ..................................................................... 19 ARTICLE 18 DURATION ............................................................................................................... 19 ARTICLE 19 SEVERABILITY ....................................................................................................... 20 ARTICLE 20 EFFECTIVE DATE .................................................................................................. 20 ARTICLE 21 ASSIGNMENT BY DECLARANT .......................................................................... 20 Ill :AGO TITLE INSURANCE COMPANY 'lh,·lFTIIAVENUE,#3400,SFATILE, WA 98104 PLAT CERTIFICATE Order No.: _1215908 Certificate for Filing Proposed Plat: In the matter of the plat submitted for our approval, this Company has examined the records of the County Auditor and County Clerk of Kl NG County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following descnlied land situate in said KI NG County, to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: SPECIALIZED HOMES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY EXCEPTIONS: SEE SCHEDULE 8 ATTACHED CHARGE: $200. oo TAX: $17.60 Recordsexaminedto JULY 6, 2006 By at B, 00 AM HARRIS/EISENBREY Title Officer (206)628-5623 PlATCRTA/RDA/(9)9 PARCEL A, "f!CAGO TITLE INSURANCE COMPAJ PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION Order No.: 1215908 THE SO!ITH HALF OF TRACT 12, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 101, IN KING COUNTY, WASHINGTON. PARCEL B, THE NORTH HALF OF TRACT 12, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 101, IN KING COUNTY, WASHINGTON. Pl.ATCRlt./RD.A/0999 CHICAGO TITLE INSURANCE COMPANY PIAT CERTIFICATE SCHEDULEB Order No.: 1215908 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEYI'IONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which wotdd be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tnbal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF 1llE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLIARS($1000.00). '-IICAGO TITLE INSURANCE COMPAN PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS Order No.: 1215908 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: PUGET SOUND ENERGY ONE OR MORE UTILITY SYSTEMS 10 FEET IN WIDTH HAVING 5 FEET OF SUCH WIDTH ON EACH SIDE OF THE CENTERLINE OF GRANTEE'S SYSTEMS LOCATED AS CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED, OR RELOCATED MARCH 9, 2006 20060309000289 • 2. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: RECORDING NUMBER: AFFECTS: PARCEL A. MARCH 24, 1986 8603240605 D THIS EXCEPTION WILL BE AUTOMATICALLY DELETED UPON RECORDATION OF THE APPROVED SUBDIVISION. • 3. TERMS AND CONDITIONS OF NOTICE OF CHARGES BY WATER, SEWER, AND/OR STORM AND SURFACE WATER UTILITIES, RECORDED UNDER RECORDING NUMBER 9606210966. , 4. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES, 2006 084 710-0081-07 2147 $ 230,000.00 $ 0.00 BILLED: $ PAID: $ UNPAID: $ 2,769.37 0.00 2,769.37 NOTE: IF THE TAX AMOUNT IS NOT EVENLY DIVISIBLE INTO TWO PAYMENTS, KING COUNTY WILL REQUIRE THE HALF PAYMENT BE ROUNDED UP TO THE NEXT CENT. "{!('AGO TITLE INSURANCE COMPAN PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1215908 FAILURE TO ROUND UP THE HALF PAYMENT MAY RESULT IN REJECTION OF THE TAX PAYMENT BY THE COUNTY. AFFECTS: PARCEL A a 5. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY l, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: AFFECTS: PARCEL B 2005 084710-0080-08 2147 $ 235,000.00 $ o. 00 BILLED: $ 2,807.04 PAID: $1,403.52 UNPAID: $1,403.52 • 6. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER l OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: AFFECTS: PARCEL B 2006 084710-0080-08 2147 $ 243,000.00 $ 0. 00 BILLED: $ 2,925.24 PAID: $ 0.00 UNPAID: $ 2,925.24 z 7. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: SPECIALIZED HOMES LLC, A WASHINGTON LIMITED LIABILITY COMPANY WASHINGTON SERVICES, INC., A WASHINGTON CORPORATION WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION $1,875,000.00 Pl.ATCRB2/RDA/0999 DATED, RECORDED, RECORDING NUMBER, LOAN NUMBER, ·-11CAGO TITLE INSURANCE COMPAJ\. PIAT CERTIFICATE SCHEDULE B (Continned) MAY 11, 2006 MAY 19, 2006 20060519000371 Order No.: 1215908 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOWER OP THE INDEBTEDNESS SECURED. J 8. THB LEGAL DESCRIPTION IN THIS CERTIFICATE IS BASED ON INFORMATION PROVIDED WITH TIIB APPLICATION AND THB PUBLIC RECORDS AS DEFINED HERBIN. THB PARTIES MUST NOTIFY THE TITLE INSURANCE COMPANY IP TIIB DESCRIPTION DOES NOT CONFORM TO THBIR EXPECTATIONS. NOTE 1, A SURVEY HAS BEEN RECORDED UNDER RECORDING NUMBER 8110229012. L NOTE 2, THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 64.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OP THE DOCUMENT, PORS TR 12, VOLUME 12 PLATS PG 101. AS OF JULY 6, 2006, THE TAX ACCOUNTS FOR SAID PREMISES ARE 084710-0081-07 AND 084710-0080-08. END OP SCHEDULE B PUTCRB2/RDJ,./{!H} @ CHICAGO Tl.~ ;NSURANCE COMPANY -2._. Cf ; "-i ~ C __ , 1 -2, -~:-(,It~~. --i PHONE: (206)628-5623 FAX: (206)628-5657 701 F1FTII A VENUE, #3400, SEA TILE, WA 98104 IMPORTANI': This is not a Survey. II is furnished as a convenience lo locate the land indicated hereon with reference lo streets and other land. No liability is assumed by reason of reliance hereon. ' . ' ~ ; t ~ ' • t • • ~ I I I ' • f ' Black Loam Five Acre Tracts, 12/101 ..... 'l'I o0'' ' ~ • 14 ~ -~ • ~ f ~ ' "' ' ' ~ ,. ,,"'.,,, .. ; ' ~ ~ • B ------12.. _ A 13 ,. :: !'""--.:"":;;.'-~ i ... ~ 20060619000370.001 WHEN IWCO~EO RETURN TO SPEaAlJZBD HOMBS. LLC. l74l 4th Aves •• IB Seattle, Va 98134 111111111111111 200605 9000370 ~ !J'lr:I, WO >O ,N w,i,. tt:tl KIN3 a.MTV, UA E2207830 l "'i!.'.:1,," ' .. CW:19•.= .,.11t . .-'1 HIGU91 OF Ht @-CH_ICA_G_O_TITIE __ IN_su_RAN __ CE_c_o_MP_ANY ___ 12ll3938 __ _ STATUTORY WARRANTY DEED Dated: May ll, 2006 TimGRANTOR forandmCOlllidcnlionof 11!NDOU..ARSAND 0111Bk000DAND VAWABLEOONSJl>BRATION' ;,, had pu1, -and Wlff-"' SPEaALIZED~LLC..AWASlIDfCiTONUMR'SDUABIUIYCX>MPAN'Y State olWashingtrm· · PllCBL A: TBB SOOTH HALF OP TRACT 12, BLACK LOAM FIVE ACRE TRACTS. ACCOlWlNG "l'O THB Pi.AT "11IBIUIOP, RECORDED IN VOLOMR 12 OP PI.ATS, P1'GB 101, DI Jq:HG COORTY", t$SHD1GTON. PARCBL B, TJm NORTH HALF OP ff.ACT 12, BLACK LOAM FIVB ACRE TRACI'S, ACCORDING-TO T]fB f'I.AT 'nmRBOl", RBCOIW:SO 1N VOLtJHB 12 OF PLATS., PA!JR l.01, IM Jtl:NG COUNTY, IQSHINGTON. SOB,JBCT TO: EXCBPTIONS SST PORTH ON ATTACHED EXHIBIT •B• AND BY 'l'H1S RBPBRBNCB MADE A PAltT HBREOP AS IF POLLY IRCORPC>RATBD HBIU!Ill. PARKLANECOURTESTATES, U.C.AWASHNJTONLUJED UA8IUT'< COMPANY ~ . ~·-.;,,._ .. .-.: ~- ,. .-i." .. . ,._. ' 20060519000370.002 STATB OP WASHINGTON 88 COUNTY OF KING I CBRTIPY THAT I !WOW OR HA.VE SAT1$D..C'l'ORY EVIDENCB THAT RON JNIGHT IS TKE PBRSON WHO APP BAAED BBPORB MB, AWD SAIO f'BRSON Ao:NOWLEDGED THAT HE SIGNED THIS INSTROHEN'I', ON OATH STATED THAT HE WAS AtmfORIZBO TO BXICOTB 'nlB INSTROHBNT AND AONOWLEDOBD 1T .AS MJLNAOIHCJ MBHBBR OF PARJQ..ANB COURT BSTATBS, liLC, A l'ii\SHIW"roH LIMITED LIABILITY COMPMIY TO B& THB PRES AND VOLONTAR.Y ACT OP SUCH PARTY POR THB USES AND PDRPOSBS MENTJONBD IM THB INSTRUMENT. 5°/l'f let( STEPHANIE R CASTELL I NOTARY PUOI.IG SJATEOFWASHINGION l::c:::::l::.~~~~~~~~~~~~~~~~-I------""""""'"°"'"""". NO"I'. S10Nl\T0ltl3 MAY 9. 2009 PRirnI> -· ,<;:ie~~ Ca.$Jc..(I NOTARY POBLIC ~F Tl!B STATB OP NASHING"roll RBSIDINO AT 7:,. > o,u...\\ . M'l APPOIN"IMEIIT BXPIRBS '514 JO".J ' CHICAGOTITIBINSURANCECOMPANY EXlflBIT A Ll!GAL Dl!SCRIPTION The w,d rdcrrcd to iuituated in the Stat• o!Wa,hingtoo, Cow>!y of ICING .. follows: PARCEL A: 20060519000370.003 Es<rowNo.: l20J93I! , and is dCKD'bed THB SOUTH HALP OP TRACT 12, BLACK LOAM FIVB ACRB TRAC'l'S, AC:CORDINO TO Tl{B PU\T ffiERBOF, RBCORDBII IN VOWME 12 OF PI.ATS, PAGB 101, IN KI»o COUNTY, 1'P.SHI»GT0N. PARCEL B: THB NOR11f KALP OP TRACT 12, BLACK LOAN FIVB ACRE 'l'RACTS, ACCORDING TO THB PLAT 'J'HBR:WP, RBC'ORDBD DI VOLUHa 12 OF PIATS 1 PAGB 101, IN nNG COUNTY, WASHINGTON. -- 20060619000370.004 CHICAGO TITLE INSURANCE COMPANY EXHIBIT B EscrowNo.: 1203938 SUBJECT TO: RMBMENT AND THE TERMS AND CONDITIONS THERBOF: GRANTEE: PURPOSE: AREA AFFECTED: R:SCORDBD: RBCORDING NUMBER: P0GET SOUND BNBRGY ONB OR K>RE UTILITY SYSTEMS 10 FBBT 1111 wrtm1 HA'VI»G S PBBT OP SOCH lf.tl)'l'll OIi EACH SIDB OF TII£ CBNTBRLlNB OP GR»ITBB'S SYSTBM.S LOCATED AS CONSTRUCTBO OR TO 8E OOHSTRUCTBD, BXTBNDBD, OR RELOCATIID MARCH 9, 200, 2006'.0309000289 COVBN11.HTS, CONDITIONS ~ RESTRICTIONS COH'TAIR80 Ill INS1'1UJMENT, BUT OMI'ITlNG ANY COVENANTS OR RE$TR.ICTI0liJS, IP ANY, 8ASBD UPOR RACE, COLOR, RBLIGION, SEX, SEXUAL OJUENTATION, FAMIL7AL STATUS, :roaltrrAL STATUS, DISABILITY, HAHCICAP, NATIONAL ORIGIN, AWCBSTRY, OR SOORCB OP DlCOMB, AS SBT PORTH Ill AP!'LICABLB STATB OR FEDERAL LAWS, BXCICPT TO THB BXTBNT THAT SAID covmwrr OR RESTRICTION rs PBRMI'l'TBD BY ,APptj:CAB,LE LAW: AFPECTS : PARCEL A. MAR.Of 24, na, 8603240605 11tlS BXCBPTION WILL BE ACTOHATICALLY OBLETBD UPCII RBCORDATIOR OP TIIB APPROVED SUBDIVISION. TBRMS A>lO CQll)ITIOIIS OP NOTICB OF CIIAROBS BY IIATBII, SllllBI!, A>IO/OR STORM A!1D SURFACE WATER 1JTILITIES. Rl:CORDBD UNDER RECORDING HOMBBR 9606210,66 • ·' 20060309000289.001 • ;,.lo RETUlffl ADDRESS: Puget Sound Enefll)', Inc. Attn: ROW Department-Craven PO BOX 90868 EST-06W BeBowe, WA 98009-08e8 •11111 =1.f"l"f,DI 11,H H'3'a..~ EASEMENT . .,IGINAL REFERENCE#: GRANTOR:: Partdane Court Ellbtea, u.c GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: T...ct 12, of Black Loam Five Acn1 Tracts. V 12, P 101 ASSESSOR'S PROPERTY TM PARCEL: D8'lll0-t)(/lt) 0M110-00~1 F« and In conlideratlon of One Dollar ($1.llO) and other vaJual)le consldondlon In hand paid, Partdano Court -LLC ("Granto(' """""l, noreby conY0\11 and -10 PUOET SOUND ENEROY, INC., a --Co<poration ro.-· herein), for the purpooaa he-eel -• -peipelual _, ov«, under, oJong across end lhrough the followlng desalbod raal property ("Property" herein} In King County, Waahlngton: TRACT 12. OF 8UCIC l.oAM FIVE AcRE TRACT8, ACCORDtNO TO THI. Pl.AT THEREOF RECORDED IN VOLUIIE12 OF Pt.ATS, PA.OE 101 1 If KING COUNTY, WASHINGTON. Except as may b6 olberwfse Ml b1h herein Grantee·, rights that be eierdsed" upon that po,Uon d lhe Pn)perty re-,ent AlN" henlln) desaibod as follows: AN EAsEIIENT AREA 10 FEET IN WIDTM HAWIG 5 F~ OF SUCH WIDlH ON EACH SIDE OF A CENTERUNE DESCRIBED AS FOLLOWS! THE C!NT!.RUNE Of GRANTEE'S FACILJTES AS NCM CONSTRUCTED, TO BE CONSTRUCTED, EXlENDED OR R:El..OCATED LYING WITHIN THE ABOVE DESCRIBE) PARCEL. 1. "-· --havelhenghtlo....__...._.-·-·-- enlage, and use 1he easement ,wea. for one ot mare utlllt)' aystema for purpose1 d transmtulcn, dislribulion and -of gas and eledric:ily. Such system may '1clude. b".,. notllmffed IO: Underground fac:Ultin. Pipes. pfpelina9. maim. lelerM, condufts. regulatorl and -forgos: oonduifs, Ines, cable>,-· -and-foreledll:ily:-oplic cable aid other r.... cabies and fadities fur communicdon&; letl"i-bu'ied or ground-mOunted fac::iHUN and pads, manhote&. meters, fooures, ettac:twnent. and any and al other facliJes or ~ neceaaeiry or con...enienl to any or ed of the foregoing. Fobnng the Initial consttudion of d or a portion of Its systems, Grarae may. i'orn time to time, c:onstNel l111Ch-feclitie&eslmeyrequl<efo,such systems. -lhallhevo)horlghtol.-..lO ... Easoment Area over Ind aaoas the Property IO enable Grantee ao exordM Is ~ henulder, Gnmtee shall compenaate G"'"'°' for "'f damaa• IO the Property caused by lhe exerclae of sud> right of aoceae by-. 2. Euement ArN Clllarfng and' Malnknance. Grantee shal have Che right IO cut. remove and dfsl)O$e of any and aa bruah, hff orothervegetatton In the Easemonll Area. Granteeahel also hlvelhe right to conCtoJ. on • conlinul'lg ba* and by any prudent and reasonable ITIMl"II,, Ute establllhment and g,owU'I or bru:lh. ltMI or Olher w,getaflon In lho Easemenl /vu. 3. Granton UH of Easement Are«. Grantor reserves the right to use the Easement Araa for any purpose not inconaislent wtth the rights. herein granted, provided, howiaver, Granlor ahal nol construct or maintain any buftdlnp, ltNdures Of other objects on the Ea3,ement Ar98 and Granter ehd do no blasting within 300 feilt of Grantee's fac:lltles wlhOut GnllntM'• prior written consent. '-lfldalnnlty. Grantee _.. to indemrnly G,_ tom end agolntl liablily Incurred by Grantor as a resul of Gnnse'1 negligence In the exercise of the rights herein p1'ed 1o Gnriee, but nolhfng herein shall require -to Indemnify Gnlr<or for lhat portion of any ouch iability ottrlbutable lo lho negllgenoo of Granter or lho negligence "'~ 6. Abandonment.· The rights herein granted ~hall continue triJ such time as Grantee ceasu to use lhe Eaement hea for a period of five (5) ~siv& yeers, In which event. thia euemcnt lhall terminate and alf rights hereunder, #Kl any~ rem~ in !he Easement Ml, attalf reYMt to or dharwiN become the property d Granlor; provided, however", that no abandonment ~ be deemed to haye occurred by reason of Grantee'5 fllure 'tO initially inltall its systems on the Easemerrt Are:a within any period or lime from the date he1eof. -Coull WONO: 105035127 1107023S78 REDT:58364 -·000 Page 1 of2 20060309000289.002 o. S-and AUlgno. Gronte< ahall haw, lhe right to utlgn, &p90l1lon or othorwlle transfer "'Yi or al of b Jtghbl, benefltl, p,Mlegel and lntereab arising kl -,"Id under this aesement. Without lmldng the oeoen,lty of lhe bogolng, 1ho rights and obllgatloN of ... l*ties llhd lnwa to lhe -of and be binding upon ----andoulgns. IN Wf11rESS 'NH ERE OF I t.. hereunto set my -Coon WONO: 105Cl5127 I 1D7023578 RED"n083114 --Page2of2 2008. OtCLARAT IOtl ~F. cOVENANT Know all men by the$e presents that we ( [) the undersf911ed, owners 1n fee simple of th~ land dc~cr1bed her~1n, h,reby declare th1s covenant •nd place ::.ame O!i record. We ([) aro (am) th, ..,,,ner(s) 1n fee slmple of the following dastr1btd re,1 tstate situated ~n (~~g County, State of wa~hington, to wit: fhe Sd«-H. t# o +-+~t-12:, fs lru:!<. Loam S-"""""' fm.b k: ..,; C"t-H'I t7 /,<..)A. on ~h1ch we (I) desire a single family rcsi~ance serviced by a se~t1c tank and drain field. NOW, THEREFORE, we {1) a<jree and ,:ovenant that said artnet'(s), their successors and assigns will not construct, maintain, or suffer to b& constructed more tl1an C111; sfngle .'amfly rE!sfdcnce unlus such second and subst?quent r':!:sid1tncl!s il'"t connected and rece1ve s~r· s.:-rv1ce froiu a legally constftuted sewer district or IIJUnic1pa11ty, It fs furtht!:r agreed and covenanted that the above 1d~ntif1Gd p1"0pf:rty w111 not be svbd1v1ded for resident.ill purposes unless served by a publfc sewer. Thasa covenants sh11il ·run with the land and shall bl binding on all partfes havfn9 or acqufring any rfght, titlo~ or interest fn the land dt~cribed herein or iny part thereof, as long as !,ptlc tank service is reqi,ired for the ffrst residence or unt11 a re?ea.se of co•,'enant ts f11td by the Suttl'.i• Ktng Count:, D~artinent of Pub~;~-::--7~th or fts s1.1cf~~sor. /. , Witne!I our hands tl:'.s Ir.,,-. ' day of f}/;.r..'<£" /, , 19 tr ,i; ,:-/ LG.,• . ;;. ~ ./1;.,v,; 1; .' •&:o/~0 .:z ') , \ a. I! r · '-. f-~~( < 1..J. ~ },'1-:\-Q~ ~ers 861(13/24 1-:ECO F' CASHSL ~.00 ........ 11<5,00 55 tone known to be t~e 1nd1vidu.tls described 1n ~nd who executed the ~1thfn 1nstT\I\Mlnt, and acknowledge that they s1gned and sealed the ,am•~t.(~J.EJ(hor) (thll1r) fret 1nJ voluntary act •nd c!l!'td, for tha uses .and purpo:;~::IJtr1rJn • j; mtntfoned. · ,:;~ ~ ~ ?£C,rr, < Gfven under :ny hand and offfcfal seal tha day and year last ah~~ftftn. ~ 2 -.~-- ;?: • '{ Ill'\ :::·.~ ~ ,: .;,. " .!'; B I ! 1 ' ' I ' "' ..... = ---- . . ClTl1 OF RENTON, WA.SllmGTON ORDINANCE NO • 4 612 All OPnIJDJIMil 01' TD CITY 01' RERTOlf, WASH IM'huW, BS'l'UL%SBDll1 »r .aJJlll!BSJIBll'l' DISTRICT POll SUn'ARr SBIID. mv:ECJI: :DI A IPOll!rJ:Oll OP '1'Bl! SOUTK BTCIRLIJODS, DA'l'BJlll DOWIIS, ARD D»LD00D Sllll-BASDIS AMI> KST.IU!I,IIQ[J"WG TD AIIOORT OP 'nlB CIIIIJIGB WOii COlOIEC'l:CON TO TBB J'M::tLiffl!B • Till! CITY COUNCIL 01' THB CITY 01' RENTON, WASHINGTON, DO OlWAill' AS FOLLOWS : SBCTZQK I. There is hereby created a Sanitary Sewer Se:r:vice Special ASsessment Distr1ct for the area seJ:Ved by.the Bast Renton Sanitary Sewer Intercepto! in the northeast quadrant of the City ot Renton and a portion of its urban growth area within unincorporated King COunty, which area is more ' pu-ticularly described in B:l<hibit •A• attached hereto. A map or the service a.rea is attached as Bxhibit •B.• The recording of this document is to provide notification of potential connection alld interest charges. While this connection charge may be paid -at any time, the ' City does not require payment until. such time as the parcel is connected to and thus benefiting from the sewer t:acilities. The property may be sold or in any other way change hands witl:lout triggering the require,r,ene, by the City, of payment of the charges associated with this district. SSC:UQII ;;r I Persons connecting to the aanitary sewer facilities in this Special ABseasment District and which properties I l -ik 8 s "' -a'! I i ~ lii !" 8 I l I ' I • I ) I I ORDINANCE 4612 have not been charged or assessed with all costs of the East Renton Sanitary Sewer Interceptor, as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fees: A. Per Unit Charge. New connections of residential dwelling units or equivalents shall pay a fee of $224.52 per dwelling unit and all other uses shall pay a unit charge of $0 .069 per square foot of property. Those properties included within this Special Assessment District and which may be assessed a charge thereunder are included within the boundary legally described in Exhibit ~A· and which boundary is shown on the 'mz.p attached as KXhibit •B,• !IBC!'IClli XII. In addition to. the aforestated charges, there shall be a charge of 4 .11\-per annum added to the Per unit Charge. The . interest charge shall accrue for no more chan ten (10) years from the date this ordinance becomes effective. will be simple interest and not compound interest. Interest charges SJCTION IY, This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication'. PASSED BY THE. CITY COUNCIL this· 1.!U;.h day of __ J.._u,.n.,.e.._-_ ... ~ 1996. City Clerk 2 f. I i I I I j .. l OllDINANCE 4 612 APPROVED BY THE MAYOR this 10th day of _J_u_n_e _____ , 1996. Appr;J!as to form: ~~<14,i,IZ· - Lawrence J. Warren, City Attorney Date of Publication: 6/14/96 QRD.576:5/20/96:as. Jes~anner, Mayor 3 • I j I J ~W-<~«.<>-.> ~---· -----• Exhibit A LEGAL DESCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF REITTON -EAST RENTON INTERCEPTOR PortlonsofSections8, 9, IO, 11. 14, 15. 16. 17,21 and 22 all In Township 23N, Range 5E W.M. in King County. Washington Section 8, Township 23N, Range 51: W.M. All of that portion of Section 8, Township 23N, Range 5E W.M. JyJng East of the East rlght-of-way line of SR-405 and South of the followlng dcscnf,e(fl.lne: Beatrmtng at the intersection of the East line of said Sectlon 8 with the centerline of NE 7th Street: thence Westerly along sa1d centerline of NE 7th ~ to its intersection with the centerline of Sunset Boulevaro NE; thence Northerly along the centerllne of Suruiet Boulevard NE to the North 11ne of the Southeast Y. of said Secl:ion 8; thence West along said North 11ne to the East rlght..of-way line of SR-405 and the terminus of said line. . Secllon 9, Township 23N, Range SE W.M. All of that portion of Section 9. Township 23N, Range 5E W.M. lying South and East of the following described line: · Bcgmnlng on the centerline of NE 7th StR:et at its Intersection with the centerline of Edmonds Avenue NE; thence Easterly along the centerline of NE 7th street to its tntcrsectton With the eenterllne of Monroe Avenue NE; them::c North along said centerline to the South l1ne of the Northeast Y. of said Section 9; thence East along said South line to its Intersection with the centerline of Rfdmond Avenue NE; thence Northerly along said centerline to its lntel:sectiOn With the centerline of NE 10th Street: thence East along said centerline to the East line of said Section 9 and the termlnus of said line. Section 10, Township 23N, Range se W.M. All of that portl.on of Section 10. Township 23N. Range 5E W.M. lying Southerly and Westerly of the following described !me: . Beginn1ng on the West line of Section l O at its tntersection with the North line of the South V.. of the North l'2 of said Sect.Ion 10; thence East along said North line to tts lntersect!on with the centerline of 142nd Avenue SE; thence Southerly along said centerline to its Intersection with the North line of the Southeast '1\ of said Section 10; thence East along said North line to Its intersection with the East line of said Section 10 and the tem11nus of said line. ~ i I i I i I i ' l I ! ugal Descriptwn of the Special AssessmenJ District for the City of Rmlon -F.ast Renton lntercepwr Section 11, Township 23N, Range SE W.M. All of the Southwest \4 of Section 11. Township 23N. Range 5EW.M.. Section 14. Township 23N, Range SE W.M. Pagel o/3 All of that portion of Section 14, Township 23N, Range 5E. W.M. described as follows: All of the Northwest ¥. of said section, together With the Southwest \4 of said section, except the South Y.. of the Southeast l4 of said SouthWest \4 and except the plat of McIntire Homesltes and Y.z of streets adjacent as recorded In the Book of Plats, Volwne 58, Page 82, Records of King County, WashJngton. and crocpt the South 151.55 feet of the East 239.435 feet of Tract 6, Block 1 of Cedar River Five Ar.re Tracts as iecoxded In the Book of Plats, Volume 16, Page 52, Records of King Cormty, Washlngton, less 1h of the street abutting said portion of Tract 6, Block 1, and less Tract 6, Block 2 of said Cedar River Five Aue Tracts, less v.i of the street ~acent to said Tract 6, Block 2, and except the South 82.785 feet of the East 150 feet ofTract 5, Block 2 of said Cedar River F1ve Acre Tracts and less ~ the street adjacent to said portion of Tract 5, Block 2. SecllOn 15, Townshlp23N, Range SE W.M. All of that portion of Section 15, Township 23N, Range 5E. W.M., except the Southwest l4 of the Southwest l4 of the Southwest \4 of said section. Section 16, Township 23N, Range SE W.M. All of that portion of Section 16, Township 23N. Range 5E W.M .. exx:ept that portion of the Southeast \4 of the Southeast \4 of the sa@ Section 16 lyfDg East of the East llne of the Plat of Maplewood Division No. 2 as recorded fn the Book of Plats Volume 39, page 39, Records of King County Washington and its Northerly extension to the North line of said Southeast \4 of the Southeast l4 of the said Section 16 and except that portion of said section lying Southerly of the Northerly right-of-way line of SR-169 (Maple Valley Highway). ' Secllon 17, Township 23N, Range SE W.M. All of that portion of Section 17. Township 23N. Range· 5E W.M .• lying Northeasterly of the Northeasterly right-of-way of SR-169 (Maple Valley Highway) and Easterly of the East right-of-way line of SR-405 less that portion lyiDg generally West of the East and Southeasterly line of Bronson Way NE lying ' I t • • i i l I ' i : I l I I I I ' • ! I I ILgal De8cription of the Spedtll Assessment District for the City of Renton -East RmUm Inleraptcrr Pagt3of3 between the South line of the NE 3rd Street and the Northeasterly margin of SR· 405. sectlon 21, Township 23N, Range SE W.M. All that portion of Section 21, Township 23N, R SE W.M. lying Northeasterly of the Northeasterly right.-of·way line of SR· 169 (Maple Valley Hlghway) and West of the .East line of the Plat of Maplewood DMsion No. 2 as recorded In the Book of Plats, volume 39, page 39, Records of King County, Washington. Section 22, Township 23N, Range SE W.M. All of that portion of Scct1on 22, Township 23N, Range 5E W.M. descrtbed as follows: All of the Nol'tlnwst ',4 of the Northeast 1A of said Scctlon 22 Mm!; Northerly of the Southerly ltne of the Plat of Maplewood Heights as recorded In tiie Book cif Plats, volume 78, pages 1 through 4, Records of King County, Washfngton. · Together with the North 227.11 feet of the West 97.02 of the Northeast 14 of the Northeast \4 of said Section 22. ' r i I I I Exhibit 8 EAST RENTON INTERCEPTOR Special Assessment District Boundary 1 :24,000 ------City l.hlls ..... CZT.J....zl SpecW As.....,.nt Dlslrkt 20060519000371.001 AFTER RECORDINO RETURN TO: W• ........... Federal Savb>p Klrldand WA !l8033 Au..don: _______ _ 11111111· 111111111·· ~fSJ 001_~,1 :-,:.1-.\, Loao Nu=er 007 207 316117-4 SHORT FORM DEED OF TRUST TIIISDBl!DOPTRUST("Secmitytnstnm,,,,,t")la-~11Ch1 2GN bdweeo Sl'BC1ALIZED HOMES LLC, A WASHINGTON LIMfflllD UABIUI'Y COMPANY -,.,,--,---=.,.,..=====""======,,---•-("llonoww"), -addreu ta 1741 4TB A VJt 8 Sl'E 8 1 Sl!ATI'LE WA !18134 : and ~w,.ASIIINGTON==,=.,.. .. sn...,.vi.,_.,CEB.~,,INC!!"'"'··.,,Ac;...ew,. .. ~SIIINGTON~~""'~COIU'OIIA:~~~~11,,.,QN~~=-----.. -. wl>ooo-116U5 80Ul'HMORGANROAD, ntEl!LAND1 WA, 98249 md WA8111NGl'ON n:D£llAL SAVINGS, • United -Coipo,adon, u llc:tlcllclary ("l.elld<tc"/ Graloel, --ls425 l'lke-. Seatllo, w .... ..,.... !18101 llom>wer bem>y lncvocably pws, borglin!, ..U. md c:o,m,ys m -ID 1n111. with powu of tole ac:ccmting m WnhiDgtoo lrN, oil Bono='• cstat<, rigid, tl!lc, lDraat, claim md demamd,,.,,. owaod or -acquhod, ID and to the following doacrlbod propc,,y in IONG:,;,<"'---~---- C<>mlty, WubiDgton (the "Property", which Jenn lhall include all or any pan of tho Property, "'1 impnlvomallll lhao>a and all the propeny desaibod in Partgnpb 2 of Ibo -Fonn Deed of 1'rual hcteinaflermemdto): P.uca. .,\: TBI S01JTII muor TRAC? 1l, II.ACE: LOAM PIW ACRI 11li\CTI, ACC'OltDING TO 111B PI..A.T1RDBOF, JtE'.COllDKD IN VOUJM! 12 OP l'Ll\'IB,, PAC:lri 101 1 IN' EJNC COUNTY, w-. PAR<ZL. TBS NOltTB IIAUOI' nu.er u, BLACIC LOAM nw£.CRS TRA.CT&, ACCOltDDfO TO nm PU.TTHDIOI', UCOltDED IN VOLUME u or ,U.11, PAGI ltl, IN EINGCOUffY, WASllll<GTOI<. _.. PropertJ Ta Panel A<oowtl Numhtr00:......,08471,:u,1100081,....,07.,_ ________ _ Ol471000800I TOOJmll!R WITH all the -..cat,, ben:di ....... and ~ DOW or - -bclooaina or in any way appertaining, lc:ase1 Rll<I Olher ...-for tho-md - peralnlng tbemo, and tho !ODIS, issue, and profi11 tboRof and oil Olborpn,perty or risJ,b of aoy kind or natuftl whatloew:r lmthcl" ICl rorth in the Muter Form Deed of Trust hereinafter re&:rrcd 10, SUBmCT. HOWEVER, to tho rlg!lt, powtt and authority h=inafter given to and oonfemd open Lender to collect md. apply cuch rent,, i&euel acd profits. tbil Sccurlty lnst!ument s.ball constitute a llX:llrlty agreemcm: mdcr the Unlf'orm Commel'cill Code of Wlllhlqton bdweeo Borrower as debtor md Laidcr 11 """"" party. Bonoww pws 1 ICCl!Zity intm,t to Laidcr in IDY of lhe Propeny whldl II penoaal pMpaly aid alto pws I """'1ty 1-in tlle pmpaly dc.tcribcd in PlUagnph 3 of tlle Master Penn Deed of Tnut betanaftcr rcfemd to, -owned or bereal\tr acquirtd by Bonower (die Property, 11 dcfmcd above, and die pmperty deecrlbod in said Pangnph 3 ue h«caftcJ-rollectivdy m=ed to IS the "Conllerol"). (":< I of fl L020-T IWAI 01/07197 THIS SECURITY INSTRUMENT IS FOR THE PURPOSE OF SECUJIING d.. followq: (a) Payroem ortbe sum of======~===,,---------=-='"""= ONE MO.LION EIGKI' HUNDRED SEVE,>,,'n' FIVE THOUSAND A~ NOl108S DOLLARS ( Sl,!'751000.00 }. with intcrtsl thercoo accotding to the terms of a pl'OIIU$SOQ' note of C\'t'II dm herewilh, payable to Lender or order and made by Borrower (the "Note~. which term shall include all DOies evideDcioJ tbe iodcbtcdneu secured by this Security lnsuumem, iacludlq all ~ modification$ or e:ittemiom tbeteof); b) Payment of any funhcr sums advanced or loaned by l.cPder lO Bom>-.-er, or ny of its auccesson or assigu. if (I) the Note or ocher writing evidmcing the future advance or loa.a. spcdficaJly ,-that it i> secured by m;, Security !"""'"""'· or (2) lhe advm«, lacludiDJ com and ctpeOS<$ iocwted by l.cndcr, is made pur$113Dt to this Securit)' lostrumeni or any odltl' docmDat1s e'XCCUted by Bonower evide:ocing1 sccuring, or relating 10 the Note tndlor 1he Collaten.l. wlaecber euwtcd prior to. CODtempOJ:aneously witlt, or subsequent to this Security lnstrumcnl (this Securi1y I:asumDem. lbe Noce 1111 ~ other 4ocwnems, including any construction loan, land lotD or other loan ~. are hereinafter collectively id'crred to a.s the "Loan Documents~), together \l.itb imcrcst 1bereoa • the rate set forth ia tbc Note unless: Olhen,ise ~ficd in the: Loan Docwncnu or alJ'CIC(! to in writiq: c) Pedormanec or each a,g~t. term and conditioo set forth or incorpomtd by reference in lbe Loan Documents. inci.uding without Jimiwion lhe loan agreement or even dale ~icb. whk:h are lDcorporaled beuin by reference or contained bcrcin. THE MATUlt!l"Y DATE OF THESE SECURED OBLIGATIONS, AS CONTAINED IN THE LOAN DOCUMENTS, !Na..UDING THE NOTE, IS Mav lllh, 2008 By OXOCU!lll8 aad deliVering Ibis Security ""'"""""' aad lhe Note IC<1lftd bmby, lhe parties ~ Chat all provisions of Paragraphs I through. 69 iociush-e or Jhe ~aster Form Deed of Trust hercioaft.er referred to, ~ such paragraphs as are speclfkaJly adudrd or modified hm:ia, are hereby bxrolporated. bcrcin by refereDce IUld ntMk, an inle,gral pan tu:nor for all pmpoKS tbe same as if set fon:b haem lll lenglh, and lhe Bom>wer her<by makes ,.;,, ..... .., ODd ,g,ees to ftdly perli,rm 1111 of ml provisions. Tbc Maler Form Deed of Trust ,t,ove refcnod to was recorded oa tbe dates below shown. ill tllc Official Records or lbe off1CtS of lhe Count)' Auditors or Coimt)' ReccmSm of cbc followin& ewnUQ in lbc State ot Washiag•on ac.cording to the enumentcd recordation dcrignMkms appell'iag below after tile nmne of each COUDty, to wit: DRA WEil. REEL, FRAME OR RECORDING OR DATE OF !:2lllm'. 'ROOK QB VQLtr~ P~QE;tm.) ~U~1!21'S flLi HQ l!:t:rnDJ2Jt!i: ADAMS 229 26CFZ11 239413 Oc-.12.1995 ASOTIN :211406 Octol>er 11, 199.I BEIITOM 636 65-76 9$-23049 Octol>er U. 1995 CHEU.I'! 10$2 16)3·1644 9.SIOllOOOa Octol>er II, 199$ CLAU-\M 1111 69,-70$ m.m Octol>erll,199$ CLARK 95101100U Oclober 11, 1995 COLUMBIA 3D 712•7?3 8001 Octobor ll, 1995 COWLrrZ 1'213 0637-064' 951012074 Ocdltr ll. 199$ DOUOLAS M444 09-20 307l$8 -.12,1995 FERRY {M.F. ofO.R.J 231191 -.11.1m FRANICLIN 0077 OS64-M7S 5?4669 OClobct 1 l, 199S GARflELD 3'17 C>c:lobef" 1 l, 1995 GRAIIT 06I 195-4-1965 9510)2004 Otdlcr 11, 19" GRAYS IWU!OR 95 J3136-)ll47 9:11012D26 Octol>erll.1995 ISLAND 696 1410·1421 95016396 Oclollcr I l, 19'n IEl'FERSOM SJl 328·339 m,05 Occoller 11, 1995 KING 5'510J00421 Occobcr" 10, 1m KIISAP 01179 1391-240] 9S10130066 Otdtt 13, 1995 ICITI'ITAS 370 111 586108 October ] 1. lffl KUCKITAT 327 218 2~~76 Oclokf" 11, Hl9S LEWIS 672 l:50--361 95145Bl Ck:lobcr ti, 199.5 UMCOLM 6S 0030)4-00:304.S 40087> Ocd,a-11. lffl MASON 6U 144-HS 61""8 Ottckr u. l99:5 OXAMOOAM 137 lm:9-1100 833841 October 11, lffl PACIFIC 9SIO SS9-S70 62331 Oc10ber l l, 199:5 PEl<D OR!ELLE 121 1(>99'-1110 230779 O<toberll.199> PIERCE 1163 2511-2522 9510110478 Oclober I I, 1995 SANJUAN m 130-2-U 95101'201 Oaobef 12, 1995 SKAGIT 1483 0372--0JSJ 9Sl01l00.J6 October 11, 1993 SKAMANIA IS2 86();!71 1?3494 Octobc-r 11, 199:5 SNOHOMISH 3081 1613·!634 9:510110189 Oclol>« II, 1995 SP01r.Al<E 1781 1737-1748 9:510110?30 Octobtt 11, 199.S STEVENS 193 2376-?l87 9:510157 October ll, 1995 lHIJRSTON 1464 702-71] 9510110097 Qctobl:r ll, 1995 WAHKlAKUM 104 0579-0WO 45447 0.:1obedl. 199> WALLA WALLA 134 1593-1604 9S09789 OclOkr IJ, 199.5 WHATCOM 46$ 1133-1144 951011197 OclObcr 11, 199S WIIITMAN Mierofilm No. 580438 Oclobcr II. 199S YAKIMA 1494 18l9-1830 311073-4 0:IOber 11. 1995 (PQtt 2 o/-0 L020-T twA) 20060619000371.003 007 207 318117-4 A copy of -Muter Porm Deed of Tml baa bcal fumiab<d IO die pmon mcuthlg !his S<coitity """""""'· 11111 by eucuting th!, Se=lty 1111t?Wne111 Ille Born,-actnowlcdge, having i=iw,d OU<b MMla Pom,Deed ofTruot. 'Ibo Propc,ly wbldl ii the IUbj«:t of lhl1 S<coitity lnottumml ii oot ued prillC!p,lly or prllmrlly for ,grlculhlnl O< farmina -· The imdmipd Bom,wcr -Iha! a copy of my Nolie<: of Default Ind of any Noti<e of Sole -.,., 1S 1"qlll,ecl by Wtsh!nglOD law in -of--judicial fon,c!o,nn, of a ck<d of b1lll, be Dlllled to Bonowcr. -·add=. -... fonb. Bonower aar«a to oblaln Ill illlutm:e ~ from dmo to time by !.<oder 11111 u elaowll«e pmYld,d 111 the Lom Doc:vftnt•, includina flood llllutm:e. If llorrowu falls 10 maiDlo1n such ........,. am-,. to Ibo Leodcr, Leodcr llll)' mob the -oo behalf of the 8om>w<r ml 1111)' ,,_ expoodod ohall bo addod 10 principal and boor 1n1=11 1t !he-provided in tbo Noto. If the box precedlna IIO)' ,(If !he ~wing --lO "X". dllt .......... la • port of lhl, S<coit1ty """""""'· If t11o box is o!ii ... ihtdced, tbo oonapoodh>g _,_ ;, 1121 ,... of thla Security """""""'· . '7:.·•"· D J>ara&topb 49· of the Maw_, Form De<d of Trust (which ..r.n io the e,dotcnco, if arry, or m adjum!,le•iile~ lathe !lot<) t. hereby - (jJ The Nole,,.,;,;,;;;-~,~~•--..-laad loaJa bot ii IIOl a comblnotioa Noto. Pongnpb :13 or Ibo Mula-Fonn De<d of Tnlll la bec<l,y deleted. D 'llleNolo-llorcbylaacomblnalloo---loaNoto. a.r.ro _... :13 of Ille -Form Deed of Toolt. D 'Ibo Pmperty or a port lba<of Is a C<Jadommimn. Rd<r lO _... SO of Ille Mlll<r Porm llccd of Trust. D A r.e owna: Ind a lmebold OWDr< of lhe Propc,ly, or • por1ioa dlaoof, llan .....iecl Ill.ls secmlly llliitUIIIOld. Refa-1opar,p,pb Sl oftboM-PormDeedofTrull 0 'Ibo Pmperty or a port-II• 1-bold -· Rder IO pmgraph S2 of tlle M.....-Form Deed of Trust. 0 See a1ao Schedule •A• of Ill.ls Short Form Deed of Toul, -..S ba<U> ml inc«pon,ILd bmin by tld, """""'"- WITNBSS the hml(•J ml oal(1) of lhe Bom,wcr, and ea<:b of 1hcm if DIOR 1llao cmo, on Ille day ml -11111-- SPECIAlJZBD HOMl!S !LC SH Rm ESTATE INC, J.JJ;J a sob -.elll,er l020-T (WA) 01 /07/97 STATE OF _/1.Jl'l ) COUNTY OF K'.lllj 1 ,s. I cmify 11111 I know or have sati>l"'101}' evidellce dta ____________ _ [Name(t) of penotl(s)J ls/Ile die -•) who appeaml before me, and told penoa(s) acknowleda<d dta (l></lhe/llley) liped this 1-..-.... acl:nowledpd it to be (bisnter/dleir) mo ml YdtmUry "" ror the .... and pu,pmes mentloncd in lhe insttumen1. Dated,------- (Si-) (Seal or Stamp) Noury l'Dt>lit: io lllld for die Slatt of _____ _ ttSidu>&~------------ My commisslotl o,q,i,a --------- STATE OF {!)'ft ) " • )$$. COUNTYOF l"'-rlj ) ,1 I cmil'y 111111 ia-· or have satisfactmy evidence thal l1QM f'lll/lJA.an [Name(s) o!pcnon(s)) is/-the pmoo(s) who --bel= me, ,ad uid penoa(s) acknowledged Iha {llelsltr/they) llped this -. oo oath • that (he/sbe/llley) was/were autbormd "' mane die UlltllllDCDl 1124 ac:bowiet!a<d ii .. the _~..u=~,,.,,dµX ..... ,.,_ _______________ _ (Sesl O< Stamp) STEPIWIIE R CASTEU NOTARY PUBLIC S1ATE OFWASHINGTON co,.USSltlNflCPOIES MAY9 2009 OC11l1 tS0l 12$7 L020-T (WAI :·.,,,, ...... ... ... ... • • H ... .. .. .F 1 ; '•:t ,, . ~, ~J • 1 ~ '·· f f<., , '.• i s ? -11 ' i? ....... ''t •,. ; 1 __ ,., __ ~",;. -.... ··-...• ·-~- \ ! _.· · .. ,. }/ ·:..·~~:·.: ;\. P ARKLANE COURT WETLAND MITIGATION PLAN <( SPECIFICATIONS & MONITORING PLAN PART 1 -GRADING SPECIFICATIONS Construction will be done in accordance with the approved wetland mitigation drawings Wl.1, W2.l, W3.l and W4.l dated 9/6/05 prepared by Altmann Oliver Associates, LLC (AOA). I.I -GRADING SCHEDULE All earthwork within the mitigation areas should be completed by September 30th to ensure adequate establishment of grass seed prior to the rainy season. All exposed ground shall be seeded immediately upon completion of grading, structure, and irrigation installation. Planting should occur anytime between December I st and March 31st to take advantage of bare-root plant material (see Planting Specifications below). 1.2 -GENERAL SITE CONDITIONS Landscape Contractor shall give AOA a minimum of ten (10) days notice prior to intention to proceed with construction. No construction work shall commence until there is a meeting between the Client, AOA, the City and participating Landscape Contractor. The approved plans and specifications shall be reviewed to allow parties involved to understand the intent and the specific details related to the construction documents, specifications, and site constraints. Locations of existing utilities have been established by field survey or obtained from available records and should be considered approximate only and not necessarily complete. It is the sole responsibility of the Landscape Contractor to: (I) independently verify the accuracy of utility locations and (2) discover and avoid any utilities within the mitigation area not shown which may be affected by implementation of this plan. Such areas are to be clearly marked in the field. AOA shall resolve any conflicts with the approved grading plan prior to start of construction. Construction must be performed in accordance with City of Renton standards, codes, permit conditions, and other applicable ordinances and policies. The applicant is responsible for obtaining any other related or required permits prior to the start of construction. A copy of the approved plans, specifications, permits, and City of Renton approvals must be on site whenever construction is in progress and shall remain on site until project completion. Page I of 15 • A qualified wetland consultant shall be on site, as necessary, to monitor construction and assure compliance with this plan. Modifications to this plan require prior written approval by AOA and the City of Renton. Prior to clearing of the developed portion of the site, orange construction fencing shall be installed along the buffer boundary of Wetlands Band E, per Condition #6 of the DNS. Topographic elevations represented on this plan are based upon topographic maps supplied by Baima & Holmberg. Final elevations may vary depending on site-specific conditions. It is the responsibility of the Landscape Contractor to verify pre-construction topographic elevations and tree locations for accuracy prior to grading. Landscape Contractor shall notify AOA immediately if any modifications to the plans may be necessary due to inaccuracies of the original survey. 1.3 -EXISTING VEGETATION TO REMAIN Prior to grading, Landscape Contractor shall install four-foot orange construction fencing around existing trees/vegetation to remain (at the dripline for conifers, at the limits of clearing/grading for deciduous tree species). Fencing shall remain in place until the completion of earthwork, removal to be approved by AOA. Prior to site clearing, wetland mitigation clearing limits (see Drawing W2.l) shall be staked by a surveyor. Silt fencing per City of Renton standards shall be installed at the clearing limits (backfill silt fence with native topsoil). A tree expert from JB Tree Service -425-888-8733 -shall assess the clearing limits with a representative from AOA, to determine which trees located outside of the wetland clearing limits will need to have their stumps ground out (instead of pulled out) to ensure no disturbance to neighboring tree roots located within the buffer. These trees will be flagged prior to site clearing. Landscape Contractor shall be responsible for avoiding disturbance to existing vegetation located outside the limits of grading. No removal of any vegetation shall occur without prior approval by AOA. Areas outside clearing limits that are degraded or accidentally cleared shall be replanted consistent with other mitigation planting occurring as a part of this contract, at no extra cost to the ov.-ner. Plant species and quantities to be approved by AOA prior to installation. Any living woody plant that is damaged during construction shall be treated within 24- hours of occurrence. AOA shall be notified immediately of incident. Wound shaping treatment shall be done. Wound shaping includes, but is not limited to: evenly cutting broken branches, exposed roots and damaged tree bark immediately after damage occurs. Injured plants shall be thoroughly watered and additional measures shall be taken, as appropriate, to aid in plant survivability. Page 2 of 15 1.4 -FLAG EXISTING VEGETATION & WOODY MATERIAL TO BE RELOCATED AOA shall flag existing trees, stumps, down logs, boulders, weirs, and any other habitat features that will be relocated into the mitigation areas. Clearing Contractor shall notify AOA at least 2 days prior to scheduled clearing so that habitat features to be relocated can be flagged and reviewed prior to site clearing. Clearing Contractor shall carefully stockpile features for later relocation by Landscape Contractor. It is the responsibility of the Landscape Contractor to break stockpiled trees into usable sizes (see Part 2 below on habitat feature placement). Landscape Contractor shall exercise care when moving habitat features to avoid breaking branches, scuffing bark, or breaking roots. Habitat features shall be reviewed prior to final placement in mitigation areas. Any features deemed unsatisfactory by AOA (due to damage during relocation) shall be replaced with imported material at Landscape Contractor's expense. Therefore, if habitat features cannot be moved directly to permanent locations, Landscape Contractor shall ensure that stockpile areas are large enough to accommodate full-size trees without resulting in significant branch breakage in later relocation to permanent site. During the building site clearing/logging, any non-marketable debris (small trees, branches, etc.) not being exported for sale shall be ground up into wood chips (4" x l" max. size particle) for later use as mulch around planted trees and shrubs within the mitigation areas. Clearing Contractor shall stockpile onsitc organic topsoil from non-weedy areas of the site development for later placement into the graded portions of the mitigation areas. Depths and quantities shall be detennined by the Landscape Contractor. Clearing Contractor shall utilize hydric topsoils from the wetlands to be filled prior to adding additional topsoils from non-weedy upland areas to stockpile quantities needed by the Landscape Contractor. Stockpile wood chips and organic topsoil as near to mitigation areas as possible. It is the responsibility of the Clearing Contractor to stockpile wood chips and slash for later placement by the Landscape Contractor. 1.5 -CLEAR AND GRUB Clearing Contractor shall clear and grub areas within the clearing limits of the mitigation and buffer areas with the exception of existing vegetation to remain. In areas of existing vegetation to remain, Landscape Contractor shall remove blackberry and other specified invasive species by hand, with minimal disturbance to the existing vegetation. Cleared and grubbed vegetation shall be exported from the site. Particular care must be given to ensure complete removal of tops and roots (to depth of 18") of reed canarygrass plants, and any other invasive/exotic plant species. Invasive/exotic plant species to be removed and treated in the mitigation and buffer areas are: Scot's broom, English ivy, Himalayan and evergreen blackberry, reed canarygrass, purple loosestrife, hedge bindweed (morning glory), Japanese knotweed, thistle, birdsf'oot trefoil and creeping nightshade. Page 3 of 15 AOA to designate any additional plant species to be removed/treated prior to construction. 1.6 -SURVEY/STAKE/FLAG PROPOSED GRADES Project surveyor (Baima Holmberg) shall survey, stake, and flag finished grades within the mitigation and corresponding buffer areas following clearing and grubbing. Surveyor shall supply grade stakes at a minimum of20' O.C. spacing. Additionally, where berms occur, and ponding is proposed, provide grade stakes at 20' O.C. maximum along entire proposed water perimeter and at berm locations. It is the responsibility of the General Contractor to locate buffer boundaries adjacent to site development. AOA shall approve grade staking prior to excavation and shall monitor during construction. Maintain grade stakes throughout excavation process. If grade stakes are removed prior to grading sign-off, the Landscape Contractor shall supply as-built grade staking (see below). 1.7-EXCAVATEMITIGATION AREA (keeping soils on-site) Landscape Contractor shall excavate the mitigation area per the approved grading plan without removing grade stakes (see Drawing W2.1). Excavated soil shall be used on the developed portion of the site; if possible, otherwise it shall be exported off site. Minor field adjustments to grading plan to ensure proper function of mitigation area shall be made only by obtaining prior approval of AOA. In the created and enhanced wetland and graded buffer areas, over-excavate 6" below finished elevation shown on plans for later placement of 6" of stockpiled organic topsoil. 1.8 -REVIEW OF SUBGRADE Upon completion of excavation, AOA shall review subgrade in relation to original grade stakes. If grade stakes are removed prior to approval by AOA, an as-built survey will be required without additional cost to Owner. The as-built survey, by a licensed surveyor, shall include one-foot contour intervals with spot elevations of high and low points, pond surface elevations, berm elevations, and the mitigation wetland boundary. After subgrade is approved, Contractor shall place habitat features and topsoil (see Part 2 and 3) per plan. AOA shall approve habitat feature and topsoil placement. After sign- off, the Landscape Contractor shall remove the grade stakes. PART 2-STRUCTURE and HAI3ITAT FEATURE PLACEMENT SPECIFICATIONS 2.1 -INST ALL SNAGS Install snags upon completion of subgrade earthwork at locations ( 4) depicted on Drawing W2. l. The Clearing Contractor shall stockpile snags during site development clearing activities. The Landscape Contractor shall install the snags. Snags shall be cedar or fir species, 12" dbh. Minimum. Each snag to be anchored into subgrade a Page 4 of 15 minimum of25% of the total length, with a minimum of 8 main branches in tact, as depicted in the detail on Drawing W2.1. AOA shall approve snag locations prior to installation. 2.2 -PLACE HABIT AT FEATURES Habitat features ( down logs, stumps( will be stockpiled on the building site by the Clearing Contractor for use by the Landscape Contractor. Additional habitat features can be utilized from slash piles located within the wetland mitigation area. Place stockpiled habitat features upon completion of subgrade earthwork (prior to placement of topsoil), at locations depicted on Drawings W2. l. AOA shall review placement of habitat features with the Landscape Contractor. Down logs shall be minimum of 20 feet in length and 1 O" in dbh, 50% minimum of which have rootwads. Stumps to be either well-decayed related stumps, or cut live rootwads with a minimum of 5 feet of trunk and 1 O" dbh. Additional habitat features may be located within the mitigation areas, if available, that are under specified sizes. Any boulders over 12" in dimension found on-site during excavation of the building site or the mitigation areas can be stockpiled for use in the mitigation areas. General Contractor shall determine stockpile locations. Stockpiled boulders, if available, shall be placed in piles of at least 2 rocks deep, and in a manner that provides both physical stability and large internal voids. AOA shall review placement of boulder piles with the Landscape Contractor. 2.3 -INSTALL NESTING/ROOSTING BOXES Landscape Contractor shall construct and install all nesting and bat roosting boxes within the mitigation areas at locations depicted on the approved plans and detailed on Drawing W2.l. Landscape Contractor shall attach one swallow nesting box (AOA to provide detail) to each installed snag at locations depicted on Drawings W2. l. Attach each nesting box a minimum of 15 feet off the ground on the southerly side of the installed snag. Landscape Contractor shall attach 2 bat roosting boxes, a minimum of 15 feet off the ground, onto the southeast side of two existing conifers to remain per Detail 3 on Drawing W2.1. AOA shall flag trees designated for bat roosting boxes. PART 3 -FINISH GRADING, IRRIGATION INSTALLATION, AND SEEDING 3.1-PLACE STOCKPILED TOPSOIL AOA shall approve subgrade earthwork in the mitigation and buffer areas prior to placement ofbentonite (if necessary) and/or stockpiled topsoil. Page 5 of 15 In all graded mitigation and buffer areas, 6" of stockpiled topsoil shall be placed over subgrade (see Part 1 above). Topsoil shall be lightly track-walked on sloped areas to prevent rilling erosion. Planting pits shall be amended as noted in the planting specifications (see Planting Notes on Drawing W3. l). 3.2 -IRRIGATION A temporary above-ground irrigation system shall be designed and installed by Landscape Contractor upon completion of finish grading and prior to installation of plantings within all planted areas. The temporary irrigation system shall connect to the general system for the site. All graded areas shall receive head-to-head irrigation coverage or adequate drip coverage, except for permanently ponded areas within the detention pond. Plantings located within existing vegetated areas shall be watered via drip irrigation. Provide written verification to AOA that backflow prevention per code exists on the line to be used as a point of connection for irrigation system. If verification cannot be made, provide backflow prevention per code as a part of the installation. General Contractor shall provide water and electricity for the system. Landscape Contractor shall provide isolation valve and connection to water and controller. Irrigation is required within the mitigation area for at least two growing seasons following planting to ensure adequate establishment of plant material. The irrigation system shall be set by Landscape Contractor to allow for Yi'' of precipitation 2-3 times per week between June 15th and October 31" of the first year after planting. The Landscape Contractor shall adjust the controls to allow for '!," of precipitation once to twice weekly between July I" and October I st of the second year after planting. If planting occurs between May and October, then irrigation will be extended to three growing seasons. Landscape Contractor is responsible for ensuring proper function and connection of the irrigation systems located within the mitigation areas, and to "winterize" installed irrigation system prior to October 31 ''. It is the Landscape Contractor's responsibility to maintain the irrigation system for the duration of the two years ( or three) in which it is required. At the end of the irrigation period, and if plant establishment is successful, as determined by AOA, the Landscape Contractor shall permanently cap pipe downstream of isolation valve, and then disassemble and remove the irrigation system from within the mitigation areas. 3.3 -HYDROSEED After irrigation system installation, and prior to hydroseeding, the Landscape Contractor shall water thoroughly all exposed soils. Hydroseed with seed mixes specified in the Plant Schedule (Drawing W3. I). Keep seeds moist throughout the growing season. Seed disturbed areas again (by hand) following plan installation. Page 6 of 15 Graded wetland areas shall be seeded with the wetland seed mix specified on the Plant Schedule and thoroughly watered. Graded buffer areas shall be seeded with the buffer seed mix specified on the Plant Schedule and thoroughly watered. Seeds for mixes shall have been harvested a maximum of one year prior to date of seed application, and stratified or otherwise processed to ensure optimal germination rate. Seeding must occur immediately upon completion of grading, structure, and irrigation installation. PART 4-CONSTRUCTION INSPECTION 4.1 -POST-GRADING EVALUATION AOA shall approve grading work, habitat feature installation, irrigation and seeding prior to plant installation, to confirm that the mitigation plans were properly implemented. If items are to be corrected, a punch list shall be prepared by AOA and submitted to the Landscape Contractor for completion. After punch list items have been completed, AOA shall review the project for final internal acceptance of grading plan implementation and planting may then proceed. PART 5 -CONSTRUCTION DELAYS 5.1-SOIL STABILIZATION If there is a delay in construction for any reason, Landscape Contractor, unless otherwise stated in writing, shall be responsible for maintenance of erosion control measures (as noted on the T.E.S.C. Plans), drainage, and temporary irrigation during construction delay period. Disturbed land areas in which construction activities may be suspended for 30 days or more shall be immediately hydroseeded with the mixes specified in the Plant Schedule (see Drawing W3.l). Seeded areas shall be irrigated with a water truck if irrigation system has not been installed and maintained until acceptable seed germination has been determined by AOA. Upon construction completion, Landscape Contractor shall re-seed all exposed ground (second hand seed application) with the seed mixes specified in the Plant Schedule. PART 6 -DAMAGE AND ROAD MAINTENANCE Landscape Contractor shall ensure that construction related activities do not damage off- site features or adjacent vegetation. J\OA shall be notified immediately if accidental damage occurs (see plant replacement requirements in clearing section). Page 7 of I 5 Landscape Contractor shall ensure that adjacent roads are maintained and clear of soil and/or other debris at all times during construction. Landscape Contractor shall make himself aware of and comply with City of Renton codes regarding street maintenance/ cleaning/traffic control during construction. Any changes or modifications to this plan must receive prior approval from AOA. PART 7 -PLANTING SPECIFICATIONS 7.1-PLANTING SCHEDULE Planting should occur anytime between December 1st and March 31st to take advantage of bare-root plant material. 7.2 -GENERAL CONDITIONS In the mitigation area, the Landscape Contractor shall remove weedy or exotic invasive species (e.g., Scot's broom, English Ivy, Himalayan and evergreen blackberry, reed canarygrass, purple loosestrife, hedge bindweed, Japanese knotweed, Canada and bull thistle, birdsfoot trefoil and creeping nightshade) by manual or chemical means. Landscape Contractor shall verify that plant installation conditions are suitable within the mitigation and buffer areas. Any unsatisfactory conditions shall be corrected prior to start of work. When conditions detrimental to plant growth are encountered, such as rubble fill, adverse drainage conditions, significant vegetation, or obstructions, Landscape Contractor shall notify AOA prior to planting. Beginning of work constitutes acceptance of conditions as satisfactory. Plants installed in undisturbed areas shall be integrated with existing native vegetation, and planted in a random, naturalistic pattern. 7.3 -LOCATE/ST AKENERIFY PLANTING AREAS Landscape Contractor shall field locate, stake, and verify planting areas and configurations prior to planting. AOA shall review and approve locations prior to planting. Proposed locations of trees and shrubs shall be staked and identified with an approved coding system or by placement of the actual plant material. For large groupings ofa single species of shrub, Landscape Contractor may stake the planting boundaries. AOA shall review and approve locations of all plants and plant groupings prior to planting. 7.4 -APPROVE PLANTING LOCATIONS AND SPACING Planting locations shown on planting plans are approximate, based on anticipated site conditions. Actual planting locations may vary from those shown due to final site conditions and locations of existing vegetation. Nevertheless, any variations from the planting plan will require prior written approval by AOA and the City of Renton. Page 8 of 15 Plant spacing for species listed is to be random (naturalistic), and not in a regular grid pattern. On-center spacing called out on plant list indicates an average spacing dimension. For example, when the plan calls for 24" O.C., spacing shall vary from I 8"- 30" O.C., with an average spacing of 24 inches. AOA shall review planting locations and spacing prior to plant installation. PART 8 -PLANT MATERIAL STANDARDS 8.1 -PLANT MATERIALS AOA shall examine plant material prior to planting. Any material not meeting the required specifications shall be immediately removed from the site and replaced with like material that meets the required standards. Plant material shall meet the requirements of State and Federal laws with respect to plant disease and infestations. Inspection certificates, required by law, shall accompany each and every shipment and shall be submitted to AOA upon Landscape Contractor's receipt of plant material. AOA shall pre-approve in writing any substitution of plant materials prior to ordering substitution plants. Plant materials shall be locally grown (western WA, western OR, or western BC), healthy, bushy, in vigorous growing condition, and be guaranteed true to size, name, and variety. If replacement of plant material is necessary due to construction damage or plant failure within one year of installation, the sizes, species, and quantities shall be equal to damaged or unsuitable plants, or as indicated on the plans. Plants shall be nursery grown, well-rooted, of normal growth and habit, and free from disease or infestation. AOA reserves the right to require replacement or substitution of any plants deemed unsuitable. Trees shall have uniform branching, single straight trunks, (unless specified as multi- stemmed), and the central leader intact and undamaged. Balled and burlapped stock shall have been root-pruned at least once within the previous two years. Container stock shall be fully rooted but not root-bound. Plant material with damaged root zones or broken rootballs will not be accepted. Coniferous trees shall be nursery grown, full and bushy, with uniform branching and a natural non-sheared form. Original central leader must be healthy and undamaged. Maximum gap between branching shall not exceed 6", and length of top leader shall not exceed 9". Shrubs shall be a minimum height of 18 inches. Native plant cuttings shall be grown and collected in the maritime Pacific Northwest. Cuttings shall be of one-to two-year-old wood, 3/8" dia. minimum. Cuttings shall be a minimum of 3' in length with 4 lateral buds exposed above ground after planting. The top of each cutting shall be a minimum of I" above a leaf bud, the bottom cut 2" below a Page 9 of 15 bud. The basal ends of the cuttings shall be cut at a 45 degree angle and marked clearly so that the rooting end is planted in the soil. Cuttings must be kept covered and moist during storage and transport, and no cuttings shall be stored more than three days from date of cutting. Cuttings shall only be used if planting occurs between December I st and April I st. For planting between April I st and December I st, rooted cuttings or saplings shall be used. Within 30 days of award of the landscape contract, Landscape Contractor shall submit documentation that specified plant materials have been ordered and secured. A list of supplier names, addresses, phone numbers and the storage/growing location of the materials shall be submitted to AOA within 30 days of Landscape Contractor award. 8.2 -VERIFY NURSERY STOCK CONDITION AOA shall inspect plant material at the job site, including previously tagged trees, for compliance with required standards for plant size and quality prior to planting. This includes, but is not limited to, size and condition of rootballs and rootsystems, presence of insects, latent injuries and defects. Trees must be untied and separated for inspections. AOA reserves the right to refuse any/all plant material any time prior to final acceptance if it is determined that such material does not meet the specifications as described herein. Rejected material shall be immediately removed from project site. 8.3 -VERIFY STORAGE SITE AND METHOD Store plants in the manner necessary to accommodate their horticultural requirements. Protect plant material stored on-site from weather damage, construction activity and the public. Balled and burlapped material which cannot be installed immediately shall be "heeled-in" to keep from drying out prior to planting. Protect rootballs by covering with moist soil, mulch or sawdust. Water as required to keep root balls moist. Keep plant specimens moist (wetland species saturated) and shaded until the actual time of installation. If bare-root plants are specified, soak roots in water one-hour minimum prior to planting. Before and after planting, immediately saturate the soils in the planting area to prevent capillary stress. 8.4 -SUBSTITUTIONS Substitutions of plant species or sizes may he permitted based on plant availability, but only with prior written approval hy AOA and the City of Renton. Bareroot stock of equal size to speci lied container or 8&8 plantings can be substituted for deciduous container or 8&8 plantings when available ( except Acer species and currant), but only with prior approval by AOA. Evergreen plant material shall be seedlings, container, or 8&8. Pagcl0of15 PART 9 -PLANT INSTALLATION 9.1 -SOIL PREPARATION/AMENDMENTS Prior to installation of plantings, ensure complete removal of non-native fill material used for the temporary construction accesses. Trees and shrubs shall be pit planted as shown in details on Drawing W3.1. Include in the planting backfill a soil moisture retention agent (polymer) per manufacturer's specification (see General Planting Installation Notes on Drawing W3. I). 9.2 -SOIL MOISTURE RETENTION AGENT Add HYDRA TED SoilMoist, or approved equal, to the topsoil backfill of all planting pits. Follow manufacturers specifications for directions for use and application rates. 9.3 -FERTILIZER Fertilize woody plantings with an organic slow-release (8-month), high nitrogen granular fertilizer (21-3-7), with application rates as specified by manufacturer. Apply fertilizer after planting pit is backfilled, and prior to application of mulch. Do not apply fertilizer between November and March. 9.4-MULCH In graded areas only, a 3" layer of fine bark mulch shall be placed around the base of new tree (36" dia. ring) and shrub plantings (24" dia. ring) for erosion, weed control, and moisture retention. 9.5 -STAKING Trees shall be staked with at least one stake, 3/4 the height of the tree. Landscape Contractor shall remove stakes at the end of the one-year guarantee period. 9.6 -RESEED DISTURBED AREAS Landscape Contractor shall hydroseed and thorough! y water exposed soils with the seed mixes specified in the Plant Schedule following irrigation installation and again (by hand seeding) following plant installation to all exposed ground surfaces. Seed by hand again immediately prior to construction completion. 9.7 -RESTORE EXISTING NATURAL OR LANDSCAPED AREAS Existing natural or landscaped areas that are damaged during construction shall be restored to their original condition, unless improvements or modifications are specified for those areas (see plant replacement requirements in clearing section). 9.8 -CLEAN-UP Landscape Contractor shall be responsible for the removal of construction materials and debris on the site following installation of plant materials and fence construction. PART 10-LANDSCAPE CONTRACTOR WARRANTY This warranty shall include replacement of plants (same size and species shown on the drawings) that prove either to be mislocatcd or unsuitable as to plant material standards. Page 11 of 15 Except for loss due to excessively severe climatological conditions (substantiated by IO- year recorded weather charts), installed plant materials are required to be guaranteed for one year against defects and unsatisfactory growth, except for cases of neglect by Owner (lack of providing necessary maintenance or adequate irrigation flow). PART II -FINAL ACCEPTANCE Upon completion of the planting, the Landscape Contractor shall provide AOA with a set of clearly marked prints designating the actual locations and quantities of plantings within the mitigation areas. Landscape Contractor shall keep a complete set of prints at the job site during construction for the purpose of "red-lining" changes or modifications to the approved plans and shall update said information on a daily basis. AOA shall approve planting locations. If items are to be corrected, a punch list shall be prepared by AOA and submitted to the Landscape Contractor for completion. After punch list items have been completed, AOA shall review the project for final acceptance of plan implementation. After acceptance has been obtained, Landscape Contractor shall provide as-built drawings to AOA of planted material. AOA shall visit the site upon completion of mitigation plan implementation and provide the City of Renton with written confirmation that installation complies with this plan. If AOA is unable to provide the City of Renton with such verification, an as-built wetland mitigation plan shall be prepared by AOA and submitted to the City for review and approval. The date the City of Renton receives AOA written confirmation of installation pursuant to the final approved mitigation plan, they shall constitute beginning of the 5-year maintenance and monitoring period. PART 12 -ONE-YEAR WARRANT EE MAINTENANCE As part of the construction budget for the project, the landscape contractor shall maintain the mitigation work during construction and for a period of one year after construction. Maintenance shall be conducted according to section I 3 below and pursuant to Renton Municipal Code 4-8-120D23e and 23fto clearly ensure that structures, improvements and mitigation perform satisfactorily for a period of 5 years. After warrantee replacements are completed by the Landscape Contractor, the remaining 4 years of maintenance shall be completed as part of the long-term maintenance and monitoring budget. PART 13 -LONG-TERM MONITORING & MAINTENANCE SCHEDULE The monitoring and maintenance program will be conduct4ed for a period of five years, with quarterly reports submitted to the City of Renton for the first year after construction acceptance and annual reports submitted for Years 2-5. Although the entire mitigation area will be reviewed, permanent vegetation sampling plots will be established at selected locations to incorporate all of the representative plant Pagel2ofl5 commumt1es. The same monitoring points will be re-visited each year with a record kept of all plant species found. Vegetation will be recorded on the basis of relative percent cover of the dominant species within the vegetative strata. Photo-points will be established from which photographs will be taken throughout the monitoring period. These photographs will document general appearance and progress in plant community establishment in the enhancement area. Review of the photos over time will provide a visual representation of success of the mitigation plan. PART 14-GOAL, OBJECTIVES AND PERFORMANCE STANDARDS FOR MONITORING The primary goal of the mitigation plan is to replace the wetland functions lost from the proposed development. To meet this goal, the following objectives and performance standards have been incorporated into the design of the plan: 14.1-OBJECTIVE A Increase the structural and plant species diversity within the mitigation area. 14.2 -PERFORMANCE ST AND ARD FOR OBJECTIVE A Following every monitoring event for a period of at least five years, the mitigation area will contain at least 12 native plant species. In addition, there will be 80% survival of all woody planted species throughout the mitigation area at the end of the first year of planting. Following each monitoring event after the first year of planting, there will be at least an 80% survival rate of all initially planted tree and shrub species or equivalent replacement of a combination of planted and re-colonized native species. 14.3 -OBJECTIVE B Limit the amount of invasive and exotic species within the mitigation area. 14.4-PERFORMANCE STANDARD FOR OBJECTIVE B After construction and following every monitoring event for a period of at least five years, exotic and invasive plant species will be maintained at levels below 20% total cover in all planted areas. These species include, but are not limited to, Scot's broom, Himalayan and evergreen blackberry, recd canarygrass, morning glory, Japanese knotweed, English Ivy, thistle, and creeping nightshade. 14.5 -OBJECTIVE C Increase the value of the area to wildlife by adding habitat features (i.e., snags, stumps, and downed logs) into the wetland mitigation area. 14.6-PERFORMANCE STANDARD FOR OBJECTIVE C After construction and following every monitoring event for a period of at least five years, the mitigation area will contain at least one habitat feature per 1,000 s.f. of mitigation area. Page 13 of 15 14.7-0BJECTIVE D Ensure continued wetland hydrology within the enhanced and created wetland. 14.8-PERFORMANCE STANDARD FOR OBJECTIVE D After construction and following every monitoring event for a period of at least five years, a minimum of0.63 acres within the mitigation area (enhanced and created wetland areas) will be seasonally inundated or saturated to within 10 inches of the surface for a continuous duration equal to or greater than 12.5% of the growing season. PART 15-LONG-TERM MAINTENANCE SPECIFICATIONS Maintenance will be conducted on a routine, year-round basis. Additional maintenance needs will be identified and addressed following a twice-yearly maintenance review. Contingency measures and remedial action on the site shall be implemented on an as- needed basis at the direction of the wetland consultant or the owner. 15.1-WEED CONTROL Routine removal and control of non-native and other invasive plants (e.g., Scot's broom, reed canary grass, Himalayan and evergreen blackberry, Japanese knotweed, English Ivy, morning glory, thistle and creeping nightshade) shall be performed by manual means whenever possible. Chemical means (Rodeo or Roundup) will only be used if necessary. Undesirable and weedy exotic plan species shall be maintained at levels below 20% total cover within any given stratum at any time during the five-year monitoring period. The following outlines treatment for specific species. 15.2-REED CANARYGRASS CONTROL Areas with reed canarygrass patches 3' x 3' or smaller need to be hand-grubbed. Patches greater than 3' x 3' shall be treated with a two-step process: 1) Areas shall be weed-whacked and selectively sprayed with Round-up only in designated spray areas (non-ponded areas). Spraying shall be done at a time when a dry period of one week or more is forecasted. 2) Areas shall be staked with cuttings (see Staking List and Staking Specifications below). During April I'' through November 301 \ one-gallon plants (minimum height of 18") shall be used in place of cuttings. 15.3 -HIMALAYAN AND EVERGREEN BLACKBERRY CONTROL Small patches (areas <3' x 3') need to be grubbed out, large areas (>3' x 3') need to be cut down. New shoots (approx. 6" in height) which reappear should be spot-sprayed with Round-up concentrate. 15.4-STAKING LIST (FROM WET TO DRY) Black twinberry (Lonicera involucrate), Scouler willow (Salix scoulerlana), Black cottonwood (Populus trichocarpa) 15.5 -STAKING SPECIFICATIONS Cuttings can be purchased or gathered from approved mature sources. Cuttings shall be installed at I' O.C. spacing over the invested reed canary grass areas and extending 2' in Page 14 of 15 each direction, unless otherwise specified. Cuttings shall be two-year old wood, 4' length, Y," diameter, with all side branches removed and installed to a minimum depth of 12 inches. 15.6-IRRIGATION The owner shall ensure that all plants are irrigated from June I st through October 31 ". During the first year after installation, irrigation should occur at a rate of Y," of water two to three times a week. During the second year after installation, irrigation should occur at a rate of Y," of water once a week. However, if more than I 0% of plant replacement occurs, watering rates should be maintained at Y," of water twice a week. 15.7 -MAINTENANCE OF TREES Routine maintenance of planted trees shall be performed. Measures include resetting plants to proper grades and upright positions. Tall grasses shall be weeded at the base of plants to prevent engulfment. Weed control should be performed by; hand removal, installation of a weed barrier cloth with mulch rings, or selective weed-whacking. If weed-whacking is performed, great care shall be taken to prevent damage to desired native species either planted or re-colonized. 15.8 -PRUNING OF WOODY PLANTS Woody plants shall only be pruned at the direction of the wetland consultant or to remove pest infestations (i.e., tent caterpillar). PART 16 -CONTINGENCY PLAN All dead plants will be replaced with the same species or an approved substitute species that meets the goal of the mitigation plan. Plant material shall meet the same specifications as originally-installed material. Replanting will not occur until after reason for failure has been identified (e.g., moisture regime, poor plant stock, disease, shade/sun conditions, wildlife damage, etc.). Replanting shall be completed under the direction of the wetland consultant, City of Renton, or the owner. Page 15 of 15 • + I @ N 0 • CHICAGO TIT~~ iNSURANCE COMP ANY 701 FIFTH A VENUE, #3400, SEA TILE, WA 98104 ORDER NO: YOUR NO: UNIT NO: LOAN NO: . ,;4 SUPPLEMENTAL COMMITMENT PHONE: (206)628-5623 FAX: (206)628-5657 001215908 PARKLANE COURT 10 0 R D E R R E F E R E N C E I N F O R M A T I O N SUPPLEMENTAL NUMBER, SELLER, PURCHASER/BORROWER, PROPERTY ADDRESS, 1 PARKLANE COURT WASHINGTON Our Title Commitment dated 07/06/06 at 8,00 A.M. is supplemented as follows, THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE JULY 6, 2006, EXCEPT THE MATTERS NOTED HEREINABOVE . AUGUST 25, 2006 AUTHORIZED BY, KEITH EISENBREY Q NOTE, THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS SUPPLEMENTAL COMMITMENT, BAIMA AND HOLMBERG, INC. JIM BERGSMA SPECIALIZED HOMES LLC BOB NIEMANN 1/1 E/1/1 SUPPLCOM/RDA/0999 @ CHICAGO TITLE INSURANCE COMPANY 701 FIFTH A VENUE, #3400, SEA TILE, WA 98104 Order No.: 001215908 Your No.: PARKLANE COURT BAIMA AND HOLMBERG, INC. 100 FRONT ST SOUTH ISSAQUAH, WASHINGTON 98027-3817 ATTN: JIM BERGSMA PROPERTY ADDRESS: WASHINGTON 1/l Enclosed are your materials on the above transaction. If you have any questions regarding these materials, please contact us. Thank you for this opportunity to serve you. <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> UNIT JO -YOURCOMPLEIBBUJLDER(DEVELOPERSERVICE CENTER. WE HAVE EXPANDED TO SERVE ALL YOUR TITLE INSURANCE NEEDS RELATED TO LAND ACQC!SillON, DEVELOPMENT FINANCING AND PROPERTY SUBDMSION. MIKEHARRIS TITLE OH1CER (206) 628-5623 (E-MAIL: MICHAEL.HARRIS@CIT.COM) KEITH EISENBREY TITLE OFFICER (206) 628-8377 (E-MAIL: KEITH.EISENBREY@CIT.COM) STEVE KINSELLA CONDO COORDINATOR (206) 628-5614 (E-MAIL: STEVE.KINSELLA@CIT.COM) BOB BLOEDEL SEN! 0 R TITLE EXAMINER FAX NUMBER (206) 628-5657 <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> NEW ADDRESS ALERT: CHICAGO TITLE has moved its Seattle office from the 18th to the 34th floor of the Bank of America Tower. Effective January 20, 2004, our new address is: 701 Fifth Avenue, Suite 3400 Seattle, WA 98104 Our phone and fax numbers are still the same, but please note that our e-mail addresses have changed, as shown above. ITI1.Er6/RDA/0999 January 24, 2007 Bob Niemann Specialized Homes 1741 4th Ave S. Seattle, WA 98134 CI~ Re: Parklane Court Final Plat, File No. LUA-06-134, FP Dear Applicant: T f")F REN'rON City Clerk Bonnie I. Walton At the regular Council meeting of January 22, 2007, the Renton City Council approved the above-referenced final plat by adopting Resolution No. 3852. A copy of the resolution is enclosed for your files. If I can provide additional information or assistance, please feel free to contact me. Sincerely, Bonnie I. Walton City Clerk Enclosure BW:js cc: Mayor Kathy Keolker Council President Toni Nelson Juliana Fries, PBPW Development Services Engineer -l-0-55_S_o_u_th_G_r-ad_y_W_ay---R-e-nt-o-n,-W-a-s-h1-.n-gt-on_9_80_5_7_--(4-2-5)_4_3_0--6-51-0-/-F-AX-(-42_5_)_43-0--6-5-l-6 ~ @ This paper co,1ta1ns 50% rlc'cyc;ed ma1erial, 30% post consumer AHEAD or THE CGRVE CITY OF RENTON, WASIDNGTON RESOLUTIONNO. 3852 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (PARKLANE COURT, FILE NO. LUA-06- 134FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract ofland as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASIDNGTON, DOES RESOLVE AS FOLLOWS: SECTION I. SECTION II. The above findings are true and correct in all respects. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTIONNO. 3852 (The property, consisting of a~roximately 4.3 acres, is located east of Lyons Avenue NE and north of SE 1 Place) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated January 3, 2007. PASSEDBYTHECITYCOUNCILthis 22nd dayof January , 2007. ~-,.I. (,Jaft:.tr.., Bonnie I. Walt on, City Clerk APPROVED BY THE MAYOR this 22nd day of __ J_a_n_u_a_r..:c.y ____ ___c 2007. ApJ#ed as to fo~ k '> o,(. «.·v ,a,, ,,c, ~ VVC. t A Lawrence J. Warren, City Attorney RES.1232: 1/8/07:ma 2 RESOLUTION NO. 3852 LEGAL DESCRIPTION PARCEL A: THE SOUTH HALF OF TRACT 12, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE IOI INKING COUNTY, WASHINGTON. PARCELB: THE NORTH HALF OF TRACT 12, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE I OJ IN KING COUNTY, WASHINGTON. RESOLUTION NO. 3852 N.E. 4TH ST. w z w w l > z <( ~ 0 N.E. 3RD ST. <( I ~,,,.. () w a: ...J w 01: z -, NE 2ND ST ~ "'·c. .2 'No s-,. w z ~ <( (/) SITE z 0 >-S.E. 2ND CT • ...J S.E. 36TH ST. VICINITY MAP NTS January 22, 2007 Airport: Advisory Committee, Two Additional Voting Members Utility: Initial Infiltration/Inflow Reduction, King County Added Item 7.m. Transportation: Operations Manager Hire at Step E Separate Consideration Item 7.f. Development Services: Building Inspector-Electrical Hire at Step D UNFINISHED BUSINESS Planning & Development Committee EDNSP: Multi-Family Housing Property Tax Exemption, The Sanctuary EDNSP: Multi-Family Housing Property Tax Exemption, The Reserve Finance Committee Finance: Vouchers RESOLUTIONS AND ORDINANCES Resolution #3852 Plat: Parklane Court, Lyons Ave NE, FP-06-134 Renton City Council Minutes Page 22 Transportation Systems Division recommended approval to add two new voting members to the Airport Advisory Committee: a neighborhood representative for the City of Mercer Island and a member of the Washington Pilots' Association. Cmmeil eo11eur. Refer to Transportation (Aviation) Committee. Utility Systems Division recommended approval of an agreement with King County for the Initial Infiltration/Inflow Reduction Project. Refer to Utilities Committee. Transportation Systems Division recommended approval to hire a Transportation Operations Manager at Step E of the salary range, and approval to pay up to $5,000 in relocation expenses. Council concur. MOVED BY NELSON, SECONDED BY LAW, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 7.f. FOR SEPARATE CONSIDERATION. CARRIED. Development Services Division requested authorization to hire a Building Inspector -Electrical position at Step D of the salary range, retroactive to 1/1/2007. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL REFER ITEM 7.f. TO FINANCE COMMITTEE. CARRIED. Planning and Development Committee Vice Chair Clawson presented a report recommending concurrence in the staff recommendation to approve a multi- family housing property tax exemption agreement that addresses the terms and conditions for a partial property tax exemption upon completion of The Sanctuary project in the South Lake Washington designated residential targeted area. The Committee further recommended that the Mayor and City Clerk be authorized to execute the agreement in substantially the same form. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning and Development Committee Vice Chair Clawson presented a report recommending concurrence in the staff recommendation to approve a multi- family housing property tax exemption agreement that addresses the terms and conditions for a pai1ial property tax exemption upon completion of The Reserve project in the South Lake Washington designated residential targeted area. The Committee further recommended that the Mayor and City Clerk be authorized to execute the agreement in substantially the same form. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Chair Persson presented a report recommending approval of Claim Vouchers 255739 -256207 and three wire transfers totaling $4,315,989.65; and approval of Payroll Vouchers 67187 -67358, one wire transfer, and 625 direct deposits totaling $2,113,755.56. MOVED BY PERSSON, SECONDED BYLAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. The following resolution was presented for reading and adoption: A resolution was read approving the Parklane Court Final Plat; approximately 4.3 acres located east ofLyons Ave. NE and north of SE 1st Pl. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. January 22, 2007 CONSENT AGENDA Council Meeting Minutes of 1/8/2007 Appointment: Library Board Appointment: Municipal Arts Commission City Clerk: Quarterly Contract List, 10/2006 to 12/2006 Plat: Parklane Court, Lyons Ave NE, FP-06-134 Plat: Allan, NE 19th St, PP-06- 016 Human Resources: Reclassification and New Positions Police: Incentive Pay for Hiring of Lateral Officers, Renton Police Officers' Guild MOU CAG: 05-165, NE Sunset Blvd/Duvall Ave NE Intersection Improvements, Sanders General Construction, Fund Transfer Renton City Council Minutes Page 21 Councilmembcr Corman pointed out the on-going public process regarding the future of the airport, saying that citizens will have the opportunity to participate. In regard to infom1ing the public about participation opportunities, Mr. Covington suggested listing the schedule on the City's insert in the Renton Reporter. Counci !member Persson noted that the City plans to conduct meetings in individual neighborhoods. Items on the consent agenda are adopted by one motion which follows the listing. Item 7.k. was changed to refer to Transportation (Aviation) Committee. At the request ofCouncilmember Persson, item 7.f. was removed for separate consideration. Approval of Council meeting minutes of 1/8/2007. Council concur. Mayor Keolker appointed Amy Pieper, 264 Earlington Ave. SW, Renton, 98057, to the Library Board for a five-year term expiring 6/1/2012. Refer to Community Services Committee. Mayor Keolkcr appointed Britt Peterson, 16467 l l lth Ave. SE, Renton, 98055, to the Municipal Arts Commission to fill the unexpired term of Marie McPeak, who has resigned (tcrtn to expire 12/31/2009). Refer to Community Services Committee. City Clerk submitted Quarterly Contract List for period of l 0/1/2006 to 12/31/2006; 27 contracts and 20 addenda totaling $4,662,756.38. Information. Development Services Division recommended approval, with conditions, of the Parklane Court Final Plat; ten single-family lots on 4.3 acres located east of Lyons Ave. NE and north of SE 1st PL Council concur. (See page 22 for resolution.) Hearing Examiner recommended approval, with conditions, of the Allan Preliminary Plat; 16 single-family lots on 4.9 acres located at 3629 NE 19th St. Council concur. Human Resources and Risk Management Department recommended approval of the reclassification of one position in the Finance and Information Services Department (from Business Systems Analyst to Financial Systems Coordinator), and the establishment of two new positions in the Finance and Information Services Department (Help Desk Support Technician and Senior Finance Analyst) and one new position in the Fire Department (Emergency Management Director). Council concur. Police Department requested approval for additional compensation to current and future police officers to encourage the hiring of lateral police officers, and approval of a memorandum of understanding with the Renton Police Officers' Guild implementing the signing bonus program. Council concur. Transportation Systems Division recommended approval of the following: a transfer of $430,000 from the 2007 Duvall Ave. NE Widening Project to the NE Sunset Blvd. (SR-900)/Duvall Ave NE Intersection Improvements Project, and a change order to CAG-05-165, contract with Sanders General Construction Company for the intersection improvements project, for additional work in the amount of $157,132.5 l. Refer to Committee of the Whole. { OF RENTON COUNCIL AGEND, I Al#: Submitting Data: Planning/Building /Public Works For Agenda of: January 22, 2007 Dept/Div/Board .. Development Services Division Staff Contact.. .... Juliana Fries x:7278 Agenda Status Consent. ............. Subject: Public Hearing .. PARK.LANE COURT FINAL PLAT Correspondence .. File No. LUA 06-134, FP (LUA 04-142, PP) Ordinance ............. 4.3 acres located east of Lyons Ave NE and north of SE Resolution ............ I'' Place. Old Business ........ Exhibits: New Business ....... I. Resolution and legal description Study Sessions ...... 2. Staff report and recommendation Information ......... Recommended Action: Approvals: Legal Dept.. ...... . Council concur Finance Dept.. ... . Other. ............. . Fiscal Impact: NIA Expenditure Required .. . Transfer/ Amendment.. ..... Amount Budgeted ...... . Revenue Generated ........ . Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action. Parklane Court divides 4.3 acres into 10 single-family residential lots with sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred ( and a security device posted) as required through the Planning/Building/Public Works Administrator prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording of the plat. STAFF RECOMMENDATION: I. Approve Parklane Court Final Plat, LUA 06-134, FP, with the following conditions and adopt the resolution. a) All mitigation fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of the City staff prior to the recording of the plat. X X X CITY OF RENfON, WASIDNGTON RESOLUTION NO. __ _ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FJNAL PLAT (PARKLANE COURT, FILE NO. LUA-06- 134FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract ofland as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, W ASIDNGTON, DOES RESOLVE AS FOLLOWS: SECTION I. SECTION II. The above findings are true and correct in all respects. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth I RESOLUTION NO. __ _ (The property, consisting of apP,roximately 4.3 acres, is located east of Lyons Avenue NE and north of SE I' Place) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated January 3, 2007. PASSED BY THE CITY COUNCIL this ___ day of ______ __, 2007. Bonnie I. Walt on, City Clerk APPROVED BY THE MAYOR this ___ day of ________ ~ 2007. Approved as to form: Lawrence J. Warren, City Attorney RES.1232: 1/8/07:ma Kathy Keolker, Mayor 2 LEGAL DESCRIPTION PARCEL A: THE SOUTH HALF OF TRACT 12, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 10 I IN KING COUNTY, WASHINGTON. PARCELB: THE NORTH HALF OF TRACT 12, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE IOI INKING COUNTY, WASHINGTON. N.E. 4TH ST. Lu z ~ Lu l z <( ~ 0 N.E. 3RD ST. <( 15 .....3-e, lLJ a:: ..J Lu C7: z --, NE 2ND ST Iv.£ <, . 'lvo s.,. ~ Lu z ~ <( (/) SITE z 0 >-S.E. 2ND CT . ..J S.E. 361li ST. VICINITY MAP NTS DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Bob Niemann Parklane Court Final Plat. Pile: LUA 06-134FP East side of Lyons Ave NE at North of SE l" Pl. Section 15, Twp. 23 N., Rng 5 E. Final Plat for 10 single-family residential lots with water, sanitary sewer, storm, street and lighting. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: I. The applicant, Bob Niemann, filed a request for approval of Parklane Court, a 10 single- family residential lots Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. I. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination on Non-Significance-Mitigated on December 21, 2004 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located on the east side of Lyons Ave NE and north of SE I" Place. The new plat is located in Section 15, Twp. 23 N., Rng 5 E., W.M. 6. The subject site is comprised of 2 parcels totaling 4.3 acres. 7. The Preliminary Plat (LUA-04-142) was approved by the City of Renton Council on April 4, 2005. 8. The site is currently zoned as 4 DU/AC (R-4), however the project is vested under R-5 Development Standards that were in place prior to the new zoning code. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant complied with the conditions imposed by the ERC: l. The applicant shall comply with the recommendations contained in the Geotechnical Engineering Report dated June 28, 2004, regarding "Excavation of Slopes", "Grading and Compaction", and "Utility Trenches". The satisfaction of this requirement shall be reviewed and approved by Development Services. The applicant complied with the condition during plat improvements construction and utility work. 2. The project shall be designed and comply with Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume ll of the 2001 Stormwater Management Manual. The project design and construction complies with the DOE requirements for Erosion and Sediment Control. 3. The project contractor shall pe,form daily review and maintenance of all erosion and sedimentation control measures at the sire during the construction of both off-site and on-site improvements as well as building construction. The applicant complied with the condition during construction and utility work. 4. The project shall be designed to the 1998 King County Surface Water Design Manual to meet both detention ( level 2 flow control) and water quality improvements. The project complied with the 1998 King County Surface Water Design Manual, and provided flow control Level 2 -for detention and basic water quality. 5. The applicant shall comply with the recommendations contained within the Wetland Mitigation Report dated October 25, 2004 prepared by Altmann Oliver Associates, LLC in regards to wetland maintenance, monitoring and construction of the project. The applicant complied with the recommendations contained in the wetland report and a wetland monitoring plan will be required prior to recording of the plat. 6. The applicant shall be required to install brightly colored construction fencing along the edge of Wetland Band its buffer prior to any project construction. An orange construction fence is shown on the approved civil plans and was installed by the contractor prior to any work on site. 7. The applicant shall be required to erect a split-rail fence or other fence type as approved by Development Services Division denoting the edge of the wetland buffer boundary prior to recording of the plat. Signs shall be located along the fence in conspicuous locations indicating the presence of a wetland and its associated buffer. Fencing and signage along the entire edge of the wetland buffer will be installed prior to recording of the final plat. 8. No vegetation removal shall be allowed within the wetland or its associated buffer with the exception of dangerous or diseased trees. All dangerous and/or diseased trees proposed to be removed from the wetland or its associated buffer shall require a letter from a qualified arborist and would be subject to inspection and approval of the Development Services Division. This mitigation measure shall be placed on the face of the final plat prior to recording. A wetland plan (prepared by Altmann Oliver Associates, LLC) has been reviewed and approved hy Development Services prior to any vegetation removal from the wetland or its buffer. 9. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot. The fee shall be paid prior to the recording of the final plat. Fire Mitigation Fee will he paid prior to recording of the plat. JO. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project. The Jee shall be paid prior to the recording of the final plat. The Transportation Mitigation Fee will be paid prior to recording of the plat. 11. The applicant shall pay the appropriate Parks Mitigation Fee based on $530. 76 per new singlejamily lot. The fee shall be paid prior to the recording of the final plat. Parks Mitigation Fee will be paid prior to recording of the plat. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1. The applicant shall comply with conditions imposed by ERC. Applicant complied with the above ERC conditions 2. No direct vehicular access shall be allowed onto Lyons Ave NE from any lot within the plat. This condition shall be placed on the face of the final plat prior to recording. I note has been placed on the face of the plat stating that no lot will be allowed direct vehicular access from Lyons Ave NE. 3. A homeowner's association or mailltenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements, including fences, landscaping, utilities, private easements, etc. A draft of the document( s), if necessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. A Homeowners Association has been created and the Declaration of Covenants, Conditions and Restrictions was reviewed and approved by the City Attorney and Development Services, and includes the referenced maintenance responsibilities. 4. The applicant shall be required to plant two new approved trees within the 20foot front yard setback area of all lots within the plat. The applicant shall be required to record a restrictive covenant against the property prior to final plat recording, which indicates that two trees are required to be planted within the front yard setback area of each now lot. This condition shall be subject to the review and approval of the Development Services Division and the trees shall be planted prior to final building permit inspection. A covenant outlining the tree requirement bas been submitted to the developer and will be recorded prior to recording the final plat. 5. The applicant shall submit a Certificate of Water Availability to Development Services prior to recording the final plat. The Certificate of water availability from Water District No. 90 has been submitted. CONCLUSIONS The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: I. The City Council should approve the Final Plat with the following conditions: a) All plat fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED THIS 3"' DAY OF JANUARY, 2007 cc: Kayren Kittrick LUA-06-134-FP SERVICES DIVISION N.E. 4TH ST. w z ~ w l z <( ~ 0 N.E. 3RD ST. <( I ~ 0 w ii:: __J w 07: z -:, NE 2ND ST ~ IV.t, < ~D Sr - w z ~ <( VJ SITE z 0 >-S.E. 2ND CT. __J S.E. 36TH ST. VICINITY MAP NTS J_ LYONS AVE NE N ooiB'-4-4" E ------~---~~~1~ -.J.m.,2£. --------49B.!il2 o, N Q0,8 «• E -'" • -109.93 ('<S'~.61 ,45.~ 110.77 ---- 7. ~ ~ I ~ "1 .. Ii ~ ~ t N01'41'21"£ • N01°41'09"E •t 1JS.50' 21:f 135.16' . ~ ' - p .. 0 ,,. "' • & & ~. p ·, ~ 8 N01'41'21"£ "' ND1'41'09"E lJS.50' ~ ;;; 135.18' ~ 1~-t ;; & (~ " & q~ NOl 0 41'21-C ,o I N01'41'09"£ 110.50' ~ 1~00~ 1.35.19' / p~ ~-NOl".i?21"£ f ;/i ~~ ~ Pr .. 8 7.' I'! " ~b 21.01 !.DC 1.35.21' m • 16.99 N01'41 09"£ 180.22' ~ N01'411l9"1 •" fG .. • -- [:8 0 Nll1',fT'r'><I"[ ~ B 159.90' ~ • "' 0 .. • g 0 N01'4J'09'£ ~~ 1J6.97 g~ ~ • -· ~~ " p -~ : "' ! . -. w ND1 '41'09"£ 1~ '" ,.,.,_..,., ~- }i· ' ti .. ~ '" l:; ,o ·-1 "!.'-.a "' :l:~ m I! ~ "' • " " w ~-,~ ~~- m 106.3.2' '·'' N0018 44 E J12.IS9 l NILE A VENUE NE ,.,.,----------------------------- LEGAL DESCRIPTION PARCEL A: THE SOUTH HALF OF TRACT 12, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 101 IN KING COUNTY, WASHINGTON. PARCELB: THE NORTH HALF OF TRACT 12, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 10 I IN KING COUNTY, WASHINGTON. CITY OF RENTON PLANNING/ BUILDING/ PUBLIC WORKS MEMORANDUM Date: January 9, 2007 To: City Clerk's Office From: Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. l -·· .• ' ---~~ , ... , .. ····~--,,· Project Name: LUA (file) Number: Cross-References: AKA's: .. Project Manager: Acceptance Date:' Applicant: Owner: Contact: PIO Number: ERC Decision Date: ERC Appeal Date: Administrative Denial: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date Appealed to Council: By Whom: Council Decision: Mylar Recording Number: Parklane Court Final Plat LUA-06-134, FP LUA04-142 -Parklane Court Preliminary Plat Juliana Fries October 27, 2006 Specialized Homes Same Bob Niemann, Specialized Homes 0847100080; 0847100081 Date: Date: Project Description: Final plat of Parklane with 10 single-family residential lots. The Plat includes installation of sanitary sewer main, storm drainage, sidewalks, and street lighting. Location: Lyons Avenue SE & Nile Avenue NE Comments: DATE: TO: FROM: SUBJECT: BUILDING PLANNING PUBLIC WORKS MEMORANDUM January 3, 2007 Larry Warren, City Attorney Juliana Fries PARKLANE COURT-FINAL PLAT LUA06-134 AGENDA BILL AND RESOLUTION Attached for your action is a copy of the Agenda Bill and a draft version Resolution for Parklane Court Final Plat. The proposed date for consideration by the Council is January 22, 2007. A legal description and a vicinity map are attached for reference and your use. It may be of assistance with this request, please call me at 430-7278. CC: Kayren Kittrick DATE: TO: FROM: SUBJECT: BUILDING PLANNING PUBLIC WORKS MEMORANDUM January 3, 2007 Gregg Zimmerman, Administrator Neil Watts, Development Services Director Kayren Kittrick, Development Engineering Supervisor Juliana Fries AGENDA BILL & REPORT PARKLANE COURT-FINAL PLAT LUA06-134 -EAST OF LYONS A VE NE & NORTH OF SE 15 TPL I am requesting concurrence to get Parklane Court plat on the Council agenda. Per the City inspector approximately 90% of the plat improvements are completed at this time. The completed items include the installation of curb/gutter and pavement within the new street (NE 1" Place), sanitary sewer main, and water main and storm water system. Technical Services has finished the first review of the plat. If you have any questions please call me. Thank you. ITY OF RENTON COUNCIL AGEr .BILL Al#, Submitting Data: Planning/Building /Public Works For Agenda of: January 22, 2007 Dept/Div/Board .. Development Services Di vision Staff Contact. ..... Juliana Fries x:7278 Agenda Status Consent. ............. Subject: Public Hearing .. PARKLANE COURT FINAL PLAT Correspondence .. File No. LUA 06-134, FP (LUA 04-142, PP) Ordinance ............. 4.3 acres located east of Lyons Ave NE and north of SE Resolution ............ l" Place. Old Business ........ Exhibits: New Business ....... 1. Resolution and legal description Study Sessions ...... 2. Staff report and recommendation Information ......... Recommended Action: Approvals: Legal Dept.. ..... .. Council concur Finance Dept.. .. .. Other. ............ .. Fiscal Impact: NI A Expenditure Required .. . Transfer/ Amendment. ..... . Amount Budgeted ...... . Revenue Generated ........ . Total Project Budget City Share Total Proiect.. SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action. Parklane Court divides 4.3 acres into 10 single-family residential lots with sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the Planning/Building/Public Works Administrator prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording of the plat. STAFF RECOMMENDATION: I. Approve Parklane Court Final Plat, LUA 06-134, FP, with the following conditions and adopt the resolution. a) All mitigation fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of the City staff prior to the recording of the plat. X X X ' DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: flob Niemann Parklane Court Final Plat. File: LUA 06-134FP East side of Lyons Ave NE at North of SE l" Pl. Section 15, Twp. 23 N., Rng 5 E. Final Plat for 10 single-family residential lots with water, sanitary sewer, storm, street and lighting. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: I. The applicant, Bob Niemann, filed a request for approval of Parklane Court, a 10 single- family residential lots Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination on Non-Significance-Mitigated on December 21, 2004 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located on the east side of Lyons Ave NE and north of SE l" Place. The new plat is located in Section 15, Twp. 23 N., Rng 5 E., W.M. 6. The subject site is comprised of 2 parcels totaling 4.3 acres. 7. The Preliminary Plat (LUA-04-142) was approved by the City of Renton Council on April 4, 2005. 8. The site is currently zoned as 4 DU/AC (R-4), however the project is vested under R-5 Development Standards that were in place prior to the new zoning code. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant complied with the conditions imposed by the ERC: 1. The applicant shall comply with the recommendations contained in the Geotechnical Engineering Report dated June 28, 2004, regarding "Excavation of Slopes", "Grading and Compaction", and "Utility Trenches". The satisfaction of this requirement shall be reviewed and approved by Development Services. The applicant complied with the condition during plat improvements construction and utility work. 2. The project shall be designed and comply with Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume ll of the 2001 Stormwater Management Manual. The project design and construction complies with the DOE requirements for Erosion and Sediment Control. 3. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the sire during the construction of both off-site and on-site improvements as well as building construction. The applicant complied with the condition during construction and utility work. 4. The project shall be designed to the 1998 King County Surface Water Design Manual to meet both detention ( Level 2 flow control) and water quality improvements. The project complied with the 1998 King County Surface Water Design Manual, and provided flow control Level 2 -for detention and basic water quality. 5. The applicant shall comply with the recommendations contained within the Wetland Mitigation Report dated October 25, 2004 prepared by Altmann Oliver Associates, LLC in regards to wetland 111ai111ena11ce, monitoring and construction of the project. The applicant complied with the recommendations contained in the wetland report and a wetland monitoring plan will be required prior to recording of the plat. 6. The applicant shall be required tu install brightly colored construction fencing along the edge of Wetland Band its buffer prior to any project construction. An orange construction fence is shown on the approved civil plans and was installed by the contractor prior to any work on site. 7. The applicant shall be required to erect a split-rail fence or other fence type as approved by Development Services Division denoting the edge of the wetland buffer boundary prior to recording of the plat. Signs shall be located along the fence in conspicuous locations indicating the presence of a wetland and its associated buffer. '. ' Fencing and signage along the entire edge of the wetland buffer will be installed prior to recording of the final plat 8, No vegetation removal shall be allowed within the wetland or its associated buffer with the exception of dangerous or diseased trees, All dangerous and/or diseased trees proposed to be removed from the wetland or its associated buffer shall require a letter from a qualified arborist and would be subject to inspection and approval of the Development Services Division, This mitigation measure shall be placed on the face of the final plat prior to recording. A wetland plan (prepared by Altmann Oliver Associates, LLC) has been reviewed and approved by Development Services prior to any vegetation removal from the wetland or its buffer, 9. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488,00 per new single-family lot The fee shall be paid prior to the recording of the final plat. Fire Mitigation Fee will be paid prior to recording of the plat. JO, The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project. The fee shall be paid prior to the recording of the final plat The Transportation Mitigation Fee will be paid prior to recording of the plat. J J, The applicant shall pay the appropriate Parks Mitigation Fee based on $530,76 per new singlejamily lot. The fee shall be paid prior to the recording of the final plat, Parks Mitigation Fee will be paid prior to recording of the plat. 1 L In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat: ], The applicant shall comply with conditions imposed by ERC Applicant complied with the above ERC conditions 2, No direct vehicular access shall be allowed onto Lyons Ave NE from any lot within the plat. This condition shall be placed on the face of the final plat prior to recording, I note has been placed on the face of the plat stating that no lot will be allowed direct vehicular access from Lyons Ave NE. 3. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the Jina/ plat in order to establish maintenance responsibilities for all shared improvements, including fences, landscaping, utilities, private easements, etc, A draft of the docwnent( s), if necessary, shall be submitted to the City of Renton Development Sen•ices Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat, A Homeowners Association has been created and the Declaration of Covenants, Conditions and Restrictious was reviewed and approved by the City Attorney and Development Services, and includes the referenced maintenance responsibilities. ' 4. The applicant shall be required to plant two new approved trees within the 20-foot front yard setback area of all lots within the plat. The applicant shall be required to record a restrictive covenant against the property prior to final plat recording, which indicates that two trees are required to be planted within the front yard setback area of each now lot. This condition shall be subject to the review and approval of the Development Services Division and the trees shall be planted prior to final building permit inspection. A covenant outlining the tree requirement has been submitted to the developer and will be recorded prior to recording the final plat. 5. The applicant shall submit a Certificate of Water Availability to Development Services prior to recording the final plat. The Certificate of water availability from Water District No. 90 has been submitted, CONCLUSIONS The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: I. The City Council should approve the Final Plat with the following conditions: a) All plat fees shall be paid prior to the recording of the plat. b) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITTED THIS 3'a DAY OF JANUARY, 2007 cc: Kayren Kittrick LUA-06-134-FP T SERVICES DIVISION > N.E. 4TH ST. w z w w l > z <( ~ 0 ~.E. 3RD ST. <( I () w a:: _J w c1: z ..., NE 2ND ST IV.f:. Z . 'IVD Sr - w z w > <( (/) SITE z 0 >-S.E. 2ND CT. _J S.E. 36TH ST. VICINITY MAP NTS _l LYONS AVE NE __ --_ --_ N 001!1'H" [ _ --~--~I 1313.24' ------498-92 --- . 0 8. N 0018'44" E 109.93 .. N01·41·21"E 46.61 ,, . ~ s, 312.74' 110.77 I ti • 1:;' NOn1'og"e: . ":1: 0 ~ 21' 135.SO' lJS.16' .. . 0 1.:ss.so· 110.50' ~ I: 0 o.i "" --;!'; ., . 00 844 ( 0 o. " e ~ ,o ~I ~ I ~ "' 135.18' j~""i I~~ .. I 135.HI' "' ~ N01'41'D9"£ 02s--------'",~.~.r;.,~,.µ __ _.j~ *-.. N01'41'09"[ 106.32' _l ______ NILEAVENUENE ----"'~- , ' • LEGAL DESCRIPTION PARCEL A: THE SOUTH HALF OF TRACT 12, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 101 IN KING COUNTY, WASHINGTON. PARCELB: THE NORTH HALF OF TRACT 12, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE IOI IN KING COUNTY, WASHINGTON. :HICAGO TITLE INS CRANCE COMPAi 701 FIFTH AVENUE. "3400. SEATTLE, WA 98104 PLAT CERTIFICATE Order No.: 1215908 Certificate for Filing Proposed Plat: In the matter of the plat submitted for our approval, this Company has examined the records of the County Auditor and County Clerk of KI NG County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said KI NG County, to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: SPECIALIZED HOMES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $200. 00 TAX: $17.60 Records examined to JULY 6, 2006 By at 8:00 AM HARRIS/EISENBREY Title Officer (206)628-5623 PLATCRTA/ROA/0999 CHICAGO TITLE INSURANCE COMP PLAT CERTIFICATE SCHEDULE A ( Continued) LECAL DESCRIPTION PARCEL A: Order No.: 1215908 THE SOUTH HALF OF TRACT 12, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 101, IN KING COUNTY, WASHINGTON. PARCEL B: THE NORTH HALF OF TRACT 12, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 101, IN KING COUNTY, WASHINGTON. PLATCRTL/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULEB Order No.: 1215908 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers1 compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable: matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). PLATCRTBIRDA/0999 CHICAGO TITLE INSURANCE COMP PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS Order No.: 1215908 A 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: PUGET SOUND ENERGY ONE OR MORE UTILITY SYSTEMS 10 FEET IN WIDTH HAVING 5 FEET OF SUCH WIDTH ON EACH SIDE OF THE CENTERLINE OF GRANTEE'S SYSTEMS LOCATED AS CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED, OR RELOCATED MARCH 9, 2006 20060309000289 B 2. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: RECORDING NUMBER: C AFFECTS: PARCEL A. MARCH 24, 1986 8603240605 D THIS EXCEPTION WILL BE AUTOMATICALLY DELETED UPON RECORDATION OF THE APPROVED SUBDIVISION. E 3. TERMS AND CONDITIONS OF NOTICE OF CHARGES BY WATER, SEWER, AND/OR STORM AND SURFACE WATER UTILITIES, RECORDED UNDER RECORDING NUMBER 9606210966. F 4. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: 2006 084710-0081-07 2147 $ 230,000.00 $ 0.00 Bl LLED: $ PAID: $ UNPAID: $ 2,769.37 0.00 2,769.37 NOTE: IF THE TAX AMOUNT IS NOT EVENLY DIVISIBLE INTO TWO PAYMENTS, KING COUNTY WILL REQUIRE THE HALF PAYMENT BE ROUNDED UP TO THE NEXT CENT. PLATCRTill/RDA/0999 CHICAGO TITLE INSURANCE COMP PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1215908 FAILURE TO ROUND UP THE HALF PAYMENT MAY RESULT IN REJECTION OF THE TAX PAYMENT BY THE COUNTY. AFFECTS: PARCEL A G 5. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: AFFECTS: PARCEL B 2005 084710-0080-08 2147 $ 235,000.00 $ 0.00 BILLED: $2,807.04 PAID: $1,403.52 UNPAID: $1,403.52 H 6. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: AFFECTS: PARCEL B 2006 084710-0080-08 2147 $243,000.00 $ 0.00 BILLED: $ PAID: $ UNPAID: $ 2,925.24 0.00 2,925.24 7. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: SPECIALIZED HOMES LLC, A WASHINGTON LIMITED LIABILITY COMPANY WASHINGTON SERVICES, INC., A WASHINGTON CORPORATION WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION $1,875,000.00 PLATCRB2/RDA/0999 CHICAGO TITLE INSURANCE COMP DATED: RECORDED: RECORDING NUMBER: LOAN NUMBER: PLAT CERTIFICATE SCHEDULE B (Continued) MAY 11, 2006 MAY 19, 2006 20060519000371 Order No.: 1215908 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. J 8. THE LEGAL DESCRIPTION IN THIS CERTIFICATE IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED HEREIN. THE PARTIES MUST NOTIFY THE TITLE INSURANCE COMPANY IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. K NOTE 1 : A SURVEY HAS BEEN RECORDED UNDER RECORDING NUMBER 8110229012. L NOTE 2: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 64.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: PORS TR 12, VOLUME 12 PLATS PG 101. AS OF JULY 6, 2006, THE TAX ACCOUNTS FOR SAID PREMISES ARE 084710-0081-07 AND 084710-0080-08. END OF SCHEDULE B PLATCR82/RDA/0999 @ N 0 p CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE, #3400, SEATTLE, WA 98104 ORDER NO: YOUR NO: UNIT NO: LOAN NO: SUPPLEMENT AL COMMITMENT PHONE: (206)628-5623 FAX: (206)628-5657 001215908 PARKLANE COURT 10 0 R D E R R E F E R E N C E I N F O R M A T I O N SUPPLEMENTAL NUMBER: SELLER: PURCHASER/BORROWER: PROPERTY ADDRESS: 1 PARKLANE COURT WASHINGTON Our Title Commitment dated 07/06/06 at 8:00 A.M. is supplemented as rollows: THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE JULY 6, 2006, EXCEPT THE MATTERS NOTED HEREINABOVE. AUGUST 25, 2006 AUTHORIZED BY: KEITH EISENBREY Q NOTE: THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS SUPPLEMENTAL COMMITMENT: BAIMA AND HOLMBERG, INC. JIM BERGSMA SPECIALIZED HOMES LLC BOB NIEMANN 1/1 E/1/1 SUPPLCOM/RDA/0999 ® R CHICAGO TITLE INSURANCE COMPANY 701 FIFTH AVENUE, #3400, SEATTLE, WA 98104 ORDER NO: YOUR NO: UNIT NO: LOAN NO: PHONE: (206)628-5623 FAX: (206)628-5657 001215908 PARKLANE COURT 10 SUPPLEMENTAL COMMITMENT #2 0 R D E R R E F E R E N C E I N F O R M A T I O N SUPPLEMENTAL NUMBER: SELLER: PURCHASER/BORROWER: PROPERTY ADDRESS: 2 PARKLANE COURT WASHINGTON Our Title Commitment dated 07/06/06 at 8:00 A.M. is supplemented as follows: AA PARAGRAPH NUMBER($) 5 OF OUR COMMITMENT IS (ARE) ELIMINATED. S PARAGRAPH NUMBER($) 4 AND 6 HAS (HAVE) BEEN AMENDED AS FOLLOWS: T PARAGRAPH NUMBER 4: V 1. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: AFFECTS: PARCEL A. U PARAGRAPH NUMBER 6: 2006 084710-0081-07 2147 $ 230,000.00 $ 0.00 BILLED: $ 2,769.37 PAID: $1,384.69 UNPAID:$ 1,384.68 W 2. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): SEE NEXT PAGE SUPPCOMURDA/0999 X CHICAGO TITLE INSURANCE COMPANY Order No.: 1215908 Your No.: PARKLANE COURT Unit No.: 10 SUPPLEMENTAL COMMITMENT (Continued) YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: AFFECTS: PARCEL B. 2006 084710-0080-08 2147 $ 243,000.00 $ 0.00 BILLED: $ 2,925.24 PAID: $1,462.62 UNPAID: $1,462.62 THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE JULY 6, 2006, EXCEPT AS SHOWN HEREIN ABOVE AND ON SUPPLEMENTAL(S) 1. y DECEMBER 11, 2006 AUTHORIZED BY: KEITH EISENBREY Z NOTE: THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS SUPPLEMENTAL COMMITMENT: BAIMA AND HOLMBERG, INC. JIM BERGSMA SPECIALIZED HOMES LLC BOB NIEMANN 1 /1 E/1/1 SUPLCOMURDA/0999 , December 7, 2006 Bob Niemann Specialized Homes 1741 4 1 " Ave South Seattle, WA 98134 SUBJECT: PARKLANE COURT FINAL PLAT CI1 ,_"lF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator PLAT COMPLETION AND ACCEPTANCE OF UTILITIES REQUIREMENT -LUA 06-134 -10 SINGLE FAMILY LOTS PERMIT U050107 (UTILITY AND IMPROVEMENTS) STREETLIGHTS PERMIT NOT ISSUED YET -SEE ITEM No. 26 Dear Bob, Staff has completed their review of the above subject JO lot plat and has made the following comments. Although every attempt is made to do a thorough review, there made be additional comments as supplemental information becomes available. Once you have completed the revisions please resubmit three bluelines to my office. Final Plat Recording Concerns: 1. Note the City of Renton land use action number and land record number, LUA-06-134-FP and LND-I0-0423, respectively, on all drawing sheets. The type size used for the land record number should be smaller than that used for the land use action number. 2. Provide a north arrow for the "VICINITY MAP" on Sheet 2 of 3. Also, use city street names instead of County designated street names on said map. 3. Because the subject subdivision is a PLAT, there is no need for separate recorded documents for the Deed of Dedication, the 15' wide sewer Utilities Easement and a 21' Easement for Emergency Access for the City to provide service to Lots 5, 6 and 7 (as needed). Said documents were provided with the latest plat submittal and were not reviewed. 4. Note the date the existing monuments were visited, per WAC 332-130-150. 5. Complete City of Renton Monument Cards, with reference points of all new right of way monuments set as part of the plat. 6. See the attachment for lot addresses. Note said addresses on the plat submittal. _______ I0_5_5_S_ou-th_Gr_a_dy_W_a_y---R-en-to_n_,_W_a_sl-,i,-,gt-o-n-98-0-5-5------~ AHEAD OF THE CURVE , 2 7. Note the city street names (to the east and west of the subject plat) in a larger type size (Sheet 3 of 3). The County names are not needed. 8. Check the scale of the drawing. The scale of the drawing reviewed was not l "=60' but 1"=62.5'. 9. The right of way half widths are 21' not the 16' shown. 10. Provide sufficient information to locate all easements; if necessary provide easement details. There are several unidentified easement lines and identity elements that don't point to any easement boundaries. The identity elements for the easements must include the word "Private." If the easement is not private specify the grantee, "City of Renton" or "Water District 90" or provide a reference to the note, which identifies the grantee(s). 11. Note 4 appears to conflict with Note 2. Identify the location of the private drainage easement across the lots at issue. 12. There were several easement documents as well as a Deed of Dedication submitted with the plat. These documents are unnecessary on a plat. The dedication language on the face of the plat dedicates the ''all streets and avenues" as well as the "easements". 13. The reference to "DEEDED TO CITY OF RENTON REC. NO. _____ ", as noted within the Tract A (Wetland) area, is confusing (Sheet 3 of 3). The arrow, with said reference, points to the street to be dedicated to the city. If this is the case, said reference and arrow should be removed from the drawing per the previous paragraph. TRACT A, is identified twice, once as shown just above said reference and the other is for the NGPE. 14. The reference to "EMERGENCY ACCESS ESMT REC. NO. ") also noted with the Tract A (Wetland) area (Sheet 3 of 3), should also be removed as per the foregoing. 15. The word "private" should be removed from Note 2 (sheet l of I), as it is neither applicable nor germane. 16. An updated Plat Certificate is needed ( to be dated within the 45 day time-frame prior to City Council approval of the plat). 17. It is assumed that all charges related to the Exception on Title# 3 will be paid prior to the recording of the plat and thus may be removed from the plat. Note the City of Renton land use action number. If you have any questions regarding specific comments in the above final plat drawing review please contact Bob Mac Onie at 425-430-7369. Plan Review Final Plat Comments: 18. Submit the Articles of Incorporation of the Parklane Court Homeowner's Association with proof that it has been filed with the State of Washington. I could not find in the "Certificate of Formation to Specialized Homes, LLC" a note that states that the purpose of the corporation is to provide for the maintenance and preservation of the common areas of the residential subdivision known as Parklane Court. 3 19. I believe the sewer main has not been extended across lot 7. By leaving the public utility easement across lot 7 you will be reducing the buildable area in that lot. Please refer to the as-builts for the exact location of the utility. 20. Easements were sewer main extensions have been installed require a "public utility easement" note on the plat drawing. Replace the wording: "15' sewer easement" by: "15- foot public utility easement". Planning Review Final Plat Comments: 2 I. The restrictive covenant required for the two trees to be installed within each lot shall be recorded in the attached format. In addition, a note shall be placed on the final plat map stating "Declaration of Restrictive Tree Planting Covenant is recorded under King County Recording Number: " 22. The wetland buffer area located across Lots 2-5 and the wetland buffer to be located around the perimeter of the stormwater detention area in Tract B shall be protected with a Native Growth Protection Easement. Please clarify the location of this easement on the final plat map. 23. Please have the applicant's wetland specialist provide a written verification that the wetland mitigation has been installed in conformance with the approved plan. The date the City receives this written verification will constitute the beginning of the minimum 5-year maintenance and monitoring period. 24. Please provide a copy of the signed maintenance and monitoring contract for the maintenance and monitoring of the wetland mitigation plantings, signage, and fencing in order to provide the total amount required for the security device. The scope of the contract must clearly cover the cost of plant maintenance and replacement. The contract should ensure that "structures, improvements, and mitigation perform satisfactorily for a period of 5 years" (e.g. add provisions for plant replacement and weed removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan. The contract shall include quarterly monitoring reports for the first year and annual reports thereafter. 25. Mitigation Measure No. 7 of Environmental Review requires a split rail fence denoting the edge of the wetland buffer. Once fence and signs have been installed, provide photos to Development Services. Construction Comments: 26. A streetlight permit is required. It is a $500 permit. Please refer to permit 0060164. Note that the streetlights acceptance requires approval from the utilities inspector AND the streetlight electrical inspector. 27. Please note that the comments above address the plat review. You will want to continue working with the City inspector, Mark Wetherbee, to insure that the project has a final walk through and sign-off by the inspector. This includes any punch list items from the inspector and/or the City Maintenance Division. You will want to verify that you have the proper street names on the street name signs (along with completing all street signage) that are required to be installed prior to recording. Please contact Mark Wetherbee if you have any questions on these construction items. 4 Fire Prevention Comments: 28. All roadway and street signage work needs to be completed. As-Built Concerns: 29. The construction pennit plan mylars must be checked-out from the sixth floor public works counter and updated or replaced with a complete As-Built plan set. All plan sheets, including those constructed per design, must be verified, stamped and signed as As-Built by a licensed surveyor or engineer. The mylars are labeled As-Built in large block letters and stamped by a PE or PLS. Submit an ASCI file along with your As-Built drawings. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all street lights, sanitary sewer, and storm drainage systems easements which shall be consistent with the As-Built location of the utility. Once the above have been addressed, submit one set of As-Built bluelines of the civil drawings to my office. The inspector will be reviewing the bluelines and if all is in order I will then call for the civil mylars to be returned. These final mylars must be submitted for our permanent records. Construction Cost Data Concerns: 30. At the same time the As-Built bluelines are submitted, the owner of the development or authorized agent shall supply the detailed construction cost of the public Sanitary Sewer System, Storm Drainage Systems, street improvements and street lighting on the Cost Data and Inventory Form and sign it at the bottom. This form is to reflect only those facilities that will be turned over to the City. Examples of items that are NOT turned over are side sewer stubs, water service lines and private storn1 drainage facilities. Return the original form to my office. 31. The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and Inventory form (both are enclosed). 32. A maintenance bond is required in the amount of 10% of t_he grand total of the water, sewer, storm, street and street lighting costs as shown on the Cost Data Inventory form. A standard City of Renton maintenance bond form is enclosed. The pennit bond will be released upon receipt and acceptance of the maintenance bond, have the above documentation and final sign-off by the inspector. Fees: 33. The applicant shall pay the Fire Mitigation Fee of $488 per each single-family lot prior to the recording of the final plat. 34. The applicant shall pay the Transportation Mitigation Fee of $717. 75 per each single-family lot prior to the recording of the final plat. 35. The applicant shall pay the Parks Mitigation Fee of $530.76 per each single-family lot prior to the recording of the final plat. 5 It is a team effort of all of the above City divisions your engineer and your surveyor to get your plat to final plat approval. If you have any questions, please contact me at 425-430-7278. Thank you for your cooperation. Sincerely, cc: Kayren Kittrick LUA 06-134 DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM Dec. 6, 2006 Juliana Fries Sonja J. Fesscr:}e:ff Parklanc Court Plat, LUA-06-134-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: Comments for the Applicant: Note the City of Renton land use action number and land record number, LUA-06-134-FP and LND-10-0423, respectively, on all drawing sheets. The type size used for the land record number should be smaller than that used for the land use action number. Provide a north arrow for the "VICINITY MA p•· on Sheet 2 of 3. Also, use city street names instead of County designated street names on said map. Because the subject subdivision is a PLAT. there is no need for separate recorded documents for the Deed of Dedication. the 15 · wide sewer Utilities Easement and a 21' Easement for Emergency Access for the City to provide service to Lots 5, 6 and 7 (as needed). Said documents were provided with the latest plat submittal and were not reviewed. Note the date the existing monuments were visited, per WAC 332-130-150. Complete City of Renton Monument Cards. with reference points of all new right of way monuments set as part of the plat. See the attachment for lot addresses. Note said addresses on the plat submittal. Note the city street names (to the east and west of the subject plat) in a larger type size (Sheet 3 of 3 ). The County names arc not needed. \H:\Ftle Sys\LND -Land Suhdivision & Surveying Ri.::ci.ird::;ll.ND-10 -Plats\0423\RV06 l 206.doc December 6, 2006 Page 2 Check the scale of the drawing. The scale ofthe drawing reviewed was not 1 "~60' but 1 "~62.5'. The right of way half widths are 21' not the 16 · shown. Provide sufficient information to locate all easements: if necessary provide easement details. There are several unidentified easement lines and identity elements that don't point to any easement boundaries. The identity elements for the easements must include the word "Private." If the easement is not private specify the grantee, "City of Renton" or "Water District 90" or provide a reference to the note, which identifies the grantee(s). Note 4 appears to conflict with Note 2. Identify the location of the private drainage easement across the lots at issue. There were several easement documents as well as a Deed of Dedication submitted with the plat. These documents are unnecessary on a plat. The dedication language on the face of the plat dedicates the "all streets and avenues'" as well as the "easements". The reference to "DEEDED TO CITY OF RE'-:TON REC. NO. ", as noted within the Tract A (Wetland) area, is confusing (Sheet 3 of3). The arrow, with said reference, points to the street to be dedicated tu the city. lfthis is the case, said reference and arrow should be removed from the drawing per the previous paragraph. TRACT A, is identified twice, once as shown just above said reference and the other is for the NGPE. The reference to "EMERGENCY ACCESS ESMT REC. NO. ") also noted with the Tract A (Wetland) area (Sheet 3 of 3), should also be removed as per the foregoing. The word "private" should be removed from Note 2 (sheet 1 of I) as it is neither applicable nor germane. An updated Plat Certificate is needed (to be Jated within the 45 day time-frame prior to City Council approval of the plat). If this plat has already been approved by Council, then this comment can be ignored. It is assumed that all charges related to the Exception on Title # 3 will be paid prior to the recording of the plat and thus may be removed from the plat. Comments for the Project Manager: Make sure that the recording instructions include noting the volume number, page number and recording number of this plat in the legal description portion of the Declaration and Covenants, Conditions and Restrictions for the Plat of Parklane Court document (Page 1) and in the Bylaws of Parklane Court Homeowners Association document (Page I). H:\File Sys\LND -Land Subdivision & Surveying Rewrds'J \ I )-1 () -l'lats\0423\R. V06 !206.doc\b ... PARKLANE COURT A TBI LOT FU.T A POOl10N CF 1tE SE 1/4 CF 1tE IE 1/4 CF 8ECIDI 15, TOWN6lf 23 NORTH, RANClE 5 EAST, WM aTY CF FENTON. KH3 COl.tlTY, WAIi HllON .lffl' .. r. b NL2ND ST. (S.E. JJ2NDsf.j ,--:1-----, r---------1/EXFO#..., ,ur UM-I-~ ___ _J_ __ _ tMun-a-.-MZ:, Ml ,00'2$ I - I i = ~ ....... ---..C-.- ICM£ f' -"' ·------- ------- I I I I I :S£.lJ6THsr. S (Y.E. ZNlJ l'LN::£} 1 , ·" 'I"'-"-+--~ ....... LOT t2 l"A:ilW1f1' OAH FIVE ACRES TIU.CTS I ; il''"-:-('"-:-1 ,._=t~'\\ Ii I I =""I '\\\ Ii I I 1--\\ ll -'\ 1, I I I \ \ ... ----t------f----+-_____ \ \ -· --- NA 111£ t;RQ,r1H PRQTfC1Kll £1 Sfl12U ~r,., ft:=1111111"--'IIIIIIIO'l.'MIIII'- Tf£ NAm£ GROWTH PR01ECTIOt £A!EIIENT (#f;F£) ON 1HS PUIT IOENTFES 1HE RfO!ftD llf7LW> 8IJfffR ~ roR 1HC ~ THE Q/EAJJGW OF ff NA1"£ GROWTH PR01ECOON E'ASDoEJrtT (HGP£) aw~ ro ff PUIIUC A l!IDERaAI. IN1R£!ff IN 1HE l,AN) 11111M 1fE £ASEJIENT NEA. 'THIS IN7Ff£ST SHAU. 11£ FOR 1HE PfflPOS£ OF' l"lt£SERWNQ HAJJI£ 16£TA110N FOR 11£ COH1ROL OF stR'"Aa IM1ER N¥J ~ "'4#f1ENANC£ OF Sl..<PC STAIM/1Y. w:i1.fM. N«J """'4t. ~ MID ffl0'1£C110N CF PlN<r ~ ~ H!afAT. fftE #Am£' (;R(Wf1II /"R07£C1KIN EASDl£HT' IIIPOS£S fJPQN AU PffCiDfT" ND FIJ1UR£ a.NERS ANO OCtD1ERS OF 1H£ £ASE1IENT NEA ~ ON BEHNE OF' 1IE PUBUC BY ff QTY OF' RDffllN 10 UAIE" ~ N.l. 11llaS' Al«1 OTHER t£c:£1AOON W1MN ff £A5EJIEN1 AR£it. THE 1£1ZTA~ 11/flHN rPE NG/I£ MAY NOT BE WT, ~ COl£1EI BY Fil. R£J,KJ',£D OR ~ l//f1HOUT ff DtPRESS£D JIIRfTTEN 1'E/MS5ION fflOM 1H£ art OF REHTON. 11E RICHT OF CNTRY tlRtW1FD HEREM SHAU. N'Pl. r ro 1H£ AGDIJS. REPR£SENTA 11\£ Nil) SA.O'lflS CF 1H£ 0*'1IERS M SUBS£OU£NT OINERS' OF 1HC I.NIE1it.l'INIG PROPERTY. I.DIG1H Cl .,..,, C2 "' CJ "'" .. ..,_,. "' U6 Cd ., ... , C7 :so.27 a, ,.,., GUl\£" TABlE IW1t<IS 2'.00 '5.00 4ll00 ' . .... 10000 ,._ao zs.ao ZS.00 DELTA -· Baima & Holmberg Inc. ••ot•Sla• ,t SWaTITOI* aoo ~ namr lOVZI: ...,_ ,,_....,. (49) .. --_ ... Ml(/ _ ... ""' YL c, Renton Department of Planning I Building. lie Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: NOVEMBER 9, 2006 DATE CIRCULATED: OCTOBER 26, 2006 APPLICANT: S ecialized Homes PROJECT MANAGER: Juliana Fries PROJECT TITLE: Parklane Court Final Plat PLAN REVIEW: Jill Din SITE AREA: 4.31 acres BUILDING AREA ross : N/A LOCATION: L ons Avenue SE & Nile Avenue NE WORK ORDER NO: 77668 SUMMARY OF PROPOSAL: Final plat of Parklane with 10 single-family residential lots. The Plat includes install!i17ilh11;,1 sanitary sewer main, storm drainage, sidewalks, and street lighting. 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 Housina Air Aesthetics Water Uaht/G/are Plants Recreation Land/Shoreline Use Utilities Animals Transoorlation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: November 9, 2006 Juliana Fries TO: FROM: Jill Ding SUBJECT: Parklane Court Final Plat l. The restrictive covenant required for the two trees to be installed within each lot shall be recorded in the attached format. In addition, a note shall be placed on the final plat map stating "Declaration of" Restrictive Tree Planting Covenant is recorded under King County Recording Number: " 2. The wetland buffer area located across Lots 2-5 and the wetland buffer to be located around the perimeter of the stormwater detention area in Tract B shall be protected with a Native Growth Protection Easement. Please clarify the location of this easement on the final plat map. 3. Please have the applicant's wetland specialist provide me with written verification that the wetland mitigation has been installed in conformance with the approved plan. The date the City receives this written verification will constitute the beginning of the minimum 5-year maintenance and monitoring period. 4. Please provide a copy of the signed maintenance and monitoring contract for the maintenance and monitoring oi"thc wetland mitigation plantings, signagc, and fencing in order to provide the total amount required for the security device. The scope of the contract must clearly cover the cost of plant maintenance and replacement. The contract should ensure that "structures, improvements, and mitigation perform satisfactorily for a period of 5 years" (e.g. add provisions for plant replacement and weed removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan. The contract shall include quarterly mouitoring reports for the first year and annual reports thereafter. h : \division. s \develop. ser\dev & plan . in g\j kd\fi na I p 1 a ts \park la ncco urtmerno. doc ' C, · Renton Department of Planning I Building I lie Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REv1Ew1NG DEPARTMENT: Plan +2v,...>.v,1. ' COMMENTS DUE: NOVEMBER 9, 2006 , "'"" , APPLICATION NO: LUA06-134, FP DATE CIRCULATED: OCTOBER 26, 2006 f\ E. CE. I II t:. u APPLICANT: Specialized Homes PROJECT MANAGER: Juliana Fries nr1 ? 1 t.UUO - PROJECT TITLE: Parklane Court Final Plat PLAN REVIEW: Jill Dina SITE AREA: 4.31 acres BUILDING AREA tnross\: NIA BUILUlN'-' -'• LOCATION: Lyons Avenue SE & Nile Avenue NE WORK ORDER NO: 77668 SUMMARY OF PROPOSAL: Final plat of Parklane with 1 O single-family residential lots. The Plat includes installation of sanitary sewer main, storm drainage, sidewalks, and street lighting. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable Mo,e Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water Linht/Gfare Plants Recreation Land/Shoreline Use Utilities Animals Transoortation Environmental Health Public Services Energy/ Histon·c1cu1tural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this appfication 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. f!tr/06 epresentative Date City 01 en ton Department of Planning I Building I Pub .. , • Vorks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 't-' j t'"C COMMENTS DUE: NOVEMBER 9, 2006 APPLICATION NO: LUA06-134, FP DATE CIRCULATED: OCTOBER 26, 2006 APPLICANT: Soecialized Homes PROJECT MANAGER: Juliana fries------.-- PROJECT TITLE: Parklane Court Final Plat I, ll' ti PLAN REVIEW: Jill Dina\ , ·· = ' SITE AREA: 4.31 acres BUILDING AREA tnross\: N/A LOCATION: Lvons Avenue SE & Nile Avenue NE WORK ORDER NO: 77668 oci au . '""""""n1_J ' SUMMARY OF PROPOSAL: Final plat of Parklane with 10 single-family residential lots. The Plat in<,!_~~,-y JllSu··(~~~<jli_o,,,_of sanitary 1 _ sewer main, storm drainage, sidewalks, and street lighting. . .. . . , __ .. -' 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 Housina Air Aesthetics Water UnhVGlare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Histon'c/Culturaf Natural Resources Prese,vation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS u I I We have reviewed this a . pfication with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional in rmation is ne e to properly assess this proposal. Date i ,1 October 27, 2006 Bob Niemann Specialized Homes 1741 4th Avenue S Seattle, WA 98134 Subject: Parklane Court Final Plat LUA06-134, FP Dear Mr. Niemann: CIT. OF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7278 if you have any questions. Sincerely, -tlcftec-uf·· · uliana Fries ' roject Manag r -------J-0-55_S_o_u_th_G_r-ad_y_W_ay---R-e-nt-o-n,-\-//-as-h-in-gt-on_9_80_5_5 _______ ~ AHEAD OF THE CURVE City of Renton LAND USE PERMIT ·1 MASTER APPLICATION"(-·,,. PROPERTY OWNER(S) PROJECT INFORMATION NAME: Specialized Homes PROJECT OR DEVELOPMENT NAME: Parklane Courl ADDRESS: 1741 -4TH AVE. S, SUITE B PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: Lyons Ave SE & Nile Ave NE CITY: Seattle ZIP:WA 98134 TELEPHONE NUMBER: 206-340-0575 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 084710-0080 & 084710-0081 APPLICANT (if other than owner) NAME: Specialized Homes EXISTING LAND USE(S): Vacant COMPANY (if applicable): PROPOSED LAND USE(S): SFR ADDRESS: 1741 -41h Ave S, Suite B EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: CITY: Seattle ZIP: WA 98134 PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): NIA TELEPHONE NUMBER 206-340-0575 EXISTING ZONING: R-4 ve ~-kcl Ct.s R-':7 --·"·"'- CONTACT PERSON PROPOSED ZONING (if applicable): NIA NAME,BoE Iv I 6 1'1-A-'lv f'.J SITE AREA (in square feet): 188, 150 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): DEDICATED: 11,775 SPecJ-11-L, ?4J -f-tohc., SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: 3,891 /7 c-; ( tf T11 li:v"v. c::::. PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: ZIP: ACRE (if applicable): 4.31 ::S~ C/y}/5--1 NUMBER OF PROPOSED LOTS (if applicable): 10 TELEPHONE NUMBER AND E-MAIL ADDRESS: NUMBER OF NEW DWELLING UNITS (if applicable): NIA Q:web/pw/devserv/fonns/planning/masterapp.doc 08118106 ' --p JECT INFOR NUMBER OF EXISTING DWELLING UNITS (if applicable): (l SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): MATION (conl PROJECT VALUE: 1ed) IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): 0 AQUIFER PROTECTION AREA ONE o AQUIFER PROTECTION AREA TWO o FLOOD HAZARD AREA o GEOLOGIC HAZARD Q HABITAT CONSERVATION ___ sq.ft. ___ sq.ft. ___ sq.ft. Q SHORELINE STREAMS AND LAKES sq. ft. Ji. WETLANDS -T/ 1 Y,ffi sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the followina information included) SITUATE IN THE NE QUARTER OF SECTION j_Q_, TOWNSHIP 23 , RANGE2._, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. f1\!\.c,)i P!tiv4-t1t.1,,1 v",1 & I, i ' , ) 3. , 2. 4. Staff will calculate applicable fees and postage: $ >< AFFIDAVIT OF OWNERSHIP I, (Print Namels) /Jl?(s Iv!&? A-{v r-. . declare that I am (please check one)_ the current owner of the property involved in this application or __ the authorized representative to act for a corporationlJll!ijilil1lllllt.lf~.-~ftl N,) and that the foregoing statements and answers herein contained and the infom,ation herewith are m all respects true and correct to the best of my knowledge and belief. I certify that I know or have satisfactory evidence that---------- signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. _&!..!2.,!1::zi.~.2,.~Q'.&c::!~~L--h~lf' M. BABCOCK Notary Public in and for the State of Washington NOTARY PUBUC Sfl\TE Of WASHINGTON (Signature of Owner/Representative) COMMISSJON EXPIRES SEPTEMBER 22, 2008 Notary (Print) Aon n,·£_ M &ah<oc 4 My appointment expires: "/ -2'2---of Q:web/pw/devserv/fonns/plruming/masterapp.doc 2 08118106 DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY: BY: Calculations , Colored Maps for Display, Construction Mitigation Description 2 AND 4 Deed of Right--0!-Way Dedication, Density Worksheet , Drainage Control Plan, Drainage Report , . ElevatiOns, ArchitecturahANO, . . . Environmental Checklist , Existing Covenants (Recorded Copy), . ... . . Existing Easements (Recorded Copy) , ' Flood Hazard Data, Floor Plans l AND 4 Geotechnical Report,'"°, .... . ... ,.· ...... . .. .. .. . . . . .. . . , ,., ... .. Grading Plan, Conceptual , .· .... . . . . ·. · .. ' ; . . . . , .. .. Grading Plan,Detaifed2 .. · .. .· • •• '' ,:, ... Habitat Data Report , Improvement Deferral , . . . . . ;; .. ; : . . . . Irrigation Plan 4 King C@nl)'AssessoPs Map lridicaling Site, .: .: .. : Landscape Plan, Conceptual, Landscape Plan. Detailed, <··· . Legal Description, List of Surrounding Property Owners, . ,. . . .·. Mailing Labels for Property Owners , Map of Existing Site Conditions , Master Application Form, Monument Cards (one per monument) , Neighborhood Detail Map 4 This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section Q:\WEB\PW\OEVSERV\Forms\Planning\waiver.xls littJ!) '/'.' -. A,,~ I,',,,/-).: +,Yld.C._ ,,,ln .. ... . . . ·, • \ . . . .. . .. . . . . . . < ....l._"-) /' --.. : ·::·· :·· .. I . , ... · .... . . . .. . ~ I • -n',C:/' y'lt_{/cd_, I'[.. /1 .,nif_.,. - ... ·:· ·:,: .:· --· h~ 1 .... ~-= /-A~--· :~:11 --... , . .. '' .. _:: / : -, .:.f: ti ' \J ... . . ·. . . . .. ·· · .. ,· . . · . aJ jJ/Ad ,,,,.,/.-.-~ " V PROJECT NAME 7a( UcL~u. DATE: _-<q(_)..~1+-l~o~~-- I nc, 11/0412005 ··111. A / DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED BY: MODIFIED BY: COMMENTS: Parking, Lot Coverage & Landscaping Analysis, Plan Reductions (PMTs), ... Plat Name Reservation , ... Postage, Preapplication Meeting Summary , Public Works Approval Letter 2 .· . Rehabilitation Plan , Screening Detail • I ·: .. . .. .. Site Plan 2 ANO , . Stream or l.ake Study, St~ndard ( . .. .· · .. . . ·.· . . . ... Stream or Lake Study, Supplemental 4 \ Stream or Lake Miijaiion Plan 4 • · .··· /""'?A.) . . . ·.· .. ·.. . ... ... Street Profiles 2 - Title Report or Plat Certificate , .. . ··. . .... Topography Map, Traffic Stlidy 2 . ... I . . . ... Tree Cutting/Land Clearing Plan , l/rban Center !¥~ign Qvenay District geport ._ • :·: !· ... ·:".: '' ... , ·. ..... . .... _;. . . .· . .· .. .. -__ ... :._-_::. Utilities Plan, Generalized 2 ~µ:£:~:~a~~:~:~·~~:~i:~·:~::~~~:~:~····~~·:~:~:=~~~4~in-ary~,=--··~*··~···--··~····~····~·-······~····~·····~-···~···~··~~~~-~·~~~~~mv~.··•~s~··~~~0~m~.u·~=Q4~~ ~ Wetlands Re1>9rtlbt;,li11eation 4 . . . . . . .•.• • . . . • •. •·· . •. • • • • • . : • . . i... . ... •. . . . . . . .... •.. . . . . . •· Wireless: Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND , Map of Existing Site Conditions 2 AND, Map of View Area 2 AND, Photosimulations 2 AND, j ;:,u,.,..... Cit, ·.r, This requirement may be waived by. 1. Property Services Section C)Y PROJECT NAME:_Pt~'M_t~k~~Of-____ _ 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section DATE: __ J-"-+/-2-~t+f-et,~· ---- Q:\WEB\PW\DEVSERV\Forms\Planning\waiver.xls Or, .•. ,-' · 11 /0412005 DENSITY WORKSHEET fJ(·, I \r ~ , City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. 188 150 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets** Private access easements** Critical Areas* Total excluded area: 3. Subtract line 2 from line 1 for net area: 4. Divide line 3 by 43,560 for net acreage: 5. Number of dwelling units or lots planned: 11 775 square feet 3 891 square feet 71 458 square feet 2. 87 124 square feet 3. 101 026 square feet 4. 2.319 acres 5. 10 units/lots 6. Divide fine 5 by line 4 for net density: 6. 4.31 = dwelling units/acre Ve) fltl_, wylJ,~ ;;;:f *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. •• Alleys (public or private) do not have to be excluded. H :Vobs\2400\2469-00 I \Documcnts\Othcr\dcns i ty. doc Last updated: 09/07/2006 I CONFIRMATION OF COMPLIANCE WITH ALL CONDITIONS OF PLAT APPROVAL PARKLANE COURT-LUA-04-142 RECOMMENDATIONS OFHEARING EXAMINER REPORT DATED FEBRUARY 24, 2005 1. The applicant shall comply with the conditions imposed by the ERC. Answer: All conditions of the ERC have been complied with. Currently, this project has approved engineering plans showing all of the requirements of ERC. 2. No direct vehicular access shall be allowed onto Lyons Avenue NE from any lot within the plat. This condition shall be placed on the face of the final plat prior to recording. Answer: This restriction is shown on the face of the plat within the boundaries of Lots 1 and 8. This restriction is also shown within the wording of note #15 on sheet 2 of 3 of the final plat map. 3. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements, including fences, landscaping, utilities, private easements, etc. A draft of the documents(s), if necessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording of the plat. Answer: These required documents will be submitted for review and approval by the indicated Renton agencies prior to the recording of the plat. Note #18 on sheet 2 of 3 of the plat map is provided to show the establishing date/recording of the Parklane Court Homeowners Association. 4. The applicant shall be required to plant two new approved trees within the 20-foot front yard setback area of all lots within the plat. The applicant shall be required to record a restrictive covenant against the property prior to final plat recording, which indicates that two trees are required to be planted within the front yard setback area of each new lot. This condition shall be subject to the review and approval of the Development Services Division and the trees shall be planted prior to final building permit inspection. Answer: The required trees will be planted per the requirements of this plat. A restrictive covenant shall be recorded prior to the final plat recording. The trees shall be planted prior to final building permit inspection. .~~{.' V" .' 5. The applicant shall submit a Certificate of Water Availability to Development Services prior to recording of the final plat. Answer: The required Certificate of Water Availability shall be submitted to Development Services prior to the recording of the final plat. i LOT CLOSURES.txt ---------------------------------------------------------------------arr-,~·· Parcel name: LOT 1 North: 179264.8988 East : 16054.4684 Line Course: N 88-19-42 w Length: 73.43 North: 179267.0409 East : 15981.0697 Line Course: s 00-18-44 w Length: 110. 77 North: 179156. 2726 East 15980.4661 curve Lenrh: 38.67 Radius: 25.00 De ta: 88-37-33 Tangent: 24.41 chord: 34.93 course: s 44-00-02 E course In: S 89-41-16 E course out: s 01-41-11 w RP North: 179156 .1363 East 16005.4657 End North: 179131.1472 East : 16004.7300 Line Course: S 88-18-49 E Length: 45.78 North: 179129.7999 East : 16050.4901 Line course: N 01-41-09 E Length: 135 .16 North: 179264.9014 East 16054.4664 · Perimeter: 403.82 Area: 9,579 sq.ft. 0.22 acres Mapcheck closure -(Uses listed Error closure: 0.0033 Error North: 0.00258 Precision 1: 122,366.67 courses, radii, and deltas) course: N 37-43-21 w East : -0.00200 Parcel name: LDT 2 North: 179264.8988 Line course: s 88-19-42 E North: 179263.1485 Line course: s 01-41-09 w North: 179128.0270 Line course: N 88-18-49 w North: 179129.7927 Line course: N 01-41-09 E North: 179264.8942 East Length: Length: Length: Length: 16054.4684 60.00 East : 16114.4429 135 .18 East : 16110.4660 60.00 East: 16050.4920 135 .16 East 16054.4683 Perimeter: 390.34 Area: 8,110 sq.ft. 0.19 acres Mapcheck closure -(Uses Error closure: 0.0046 Error North: -0.00458 Precision 1: 84,856.52 listed courses, radii, and deltas) course: s 01-42-31 w East : -0.00014 Parcel name: LOT 3 North: 179263.1485 Line course: s 88-19-42 E North: 179261.3982 Line course: s 01-41-09 w North: 179126.2667 Line course: N 88-18-49 w North: 179128.0324 East : 16114.4429 Length: 60.00 Length: Length: East : 135 .19 East : 60.00 16174.4174 16170.4402 East : 16110.4662 Page 1 V LOT CLOSURES.txt Line course: N 01-41-09 E Length: 135.18 North: 179263.1539 East : 16114.4431 Perimeter: 390.37 Area: 8,111 sq.ft. 0.19 acres Mapcheck closure -(Uses listed Error Closure: 0.0054 courses, radii, and deltas) course: N 01-39-59 E East : 0.00016 Error North: 0.00541 Precision 1: 72,290.74 --------------------------------------------------------------------------- Parcel name: LOT 4 North: 179259.6478 Line course: s 01-41-09 w North: 179124.4963 Line course: N 88-18-49 w North: 179126.2620 Line course: N 01-41-09 E North: 179261.3935 Line course: s 88-19-42 E North: 179259.6432 East Length: Length: Length: Length: 16234.3918 135. 21 East : 16230.4141 60.00 East : 16170.4401 135 .19 East 16174.4172 60.00 East 16234. 3917 Perimeter: 390.40 Area: 8,112 sq.ft. 0.19 acres Mapcheck closure -(Uses listed Error Closure: 0.0046 courses, radii, and deltas) course: s 01-42-31 w East : -0.00014 Error North: -0.00458 Precision 1: 84,869.57 --------------------------------------------------------------------------- Parcel name: LOT 5 North: 179259.6478 East : 16234. 3918 Line course: S 88-19-42 E Length: 60.00 North: 179257.8975 East : 16294.3663 Line course: s 01-41-09 w Length: 159.90 North: 179098.0667 East 16289.6622 curve Lenrh: 5.51 Radius: 45.00 De ta: 7-01-04 Tangent: 2.76 chord: 5.51 course: s 88-10-49 w course In: N 05-19-43 W course out: S 01-41-21 W RP North: 179142.8722 East 16285 .4831 End North: 179097.8917 East 16284.1567 Line course: N 88-18-39 w Length: 54.50 North: 179099.4983 East 16229.6803 Line Course: N 01-41-09 E Length: 25.01 North: 179124.4974 East 16230.4161 Line course: N 01-41-09 E Length: 135.21 North: 179259.6489 East 16234.3939 Perimeter: 440.14 Area: 9,613 sq.ft. 0.22 acres Mapcheck closure -(Uses listed Error Closure: 0.0023 Error North: 0.00114 Precision 1: 191,360.87 courses, radii, and deltas) Course: N 60-44-39 E East : 0.00203 Page 2 LOT CLOSURES.txt Parcel name: LOT 6 North: 179256.1471 East 16354.3408 Line course: N 88-19-42 W Length: 60.00 North: 179257.8974 East : 16294.3663 Line course: s 01-41-09 w Length: 159.90 North: 179098.0666 East 16289.6622 curve Lenrh: 20.99 Radius: 45.00 De ta: 26-43-37 Tangent: 10.69 chord: 20.80 course: N 71-18-29 E course In: N 05-19-43 W course out: s 32-03-20 E RP North: 179142. 8721 East : 16285 .4831 End North: 179104.7331 East 16309.3665 curve Lenrh: 43.79 Radius: 100.00 De ta: 25-05-20 Tangent: 22.25 chord: 43.44 course: N 70-29-20 E course In: S 32-03-20 E Course Out: N 06-58-00 W RP North: 179019.9797 East : 16362.4406 End North: 179119. 2414 East : 16350.3114 Line course: N 01-41-09 E Length: 136. 97 North: 179256.1521 East 16354.3410 Perimeter: 421.65 Area: 8,860 sq.ft. 0.20 acres Mapcheck closure -(uses listed Error closure: 0.0051 courses, radii, and deltas) course: N 02-19-59 E East : 0.00021 Error North: 0.00505 Precision 1: 82,676.47 Parcel name: LOT 7 North: 179254.3967 Line course: s 01-41-09 w North: 179124.0931 Line course: s 85-28-27 w North: 179119.6656 curve Length: 4.26 Delta: 2-26-27 chord: 4.26 course In: s 04-31-33 E RP North: 179019.9774 End North: 179119.2391 Line Course: N 01-41-09 E North: 179256.1498 Line course: s 88-19-42 E North: 179254.3995 East : 16414.3152 Length: 130. 36 East : 16410.4802 Length: 56.11 East : 16354.5451 Radius: 100.00 Tangent: 2.13 course: s 84-15-14 w Course out: N 06-58-00 w East : 16362.4360 East : 16350.3068 Length: 136. 97 East Length: 60.00 East 16354.3363 16414.3108 Perimeter: 387.70 Area: 8,017 sq.ft. 0.18 acres Mapcheck closure -(uses Error Closure: 0.0052 Error North: 0.00276 Precision 1: 74,557.69 Parcel name: LOT 8 listed courses, radii, and deltas) course: N 58-07-54 w East : -0.00445 Page 3 LOT CLOSURES.txt North: 178952.2500 East 16049.3532 Line course: N 88-18-49 W Length: 70.02 North: 178954.3106 East 15979.3636 Line course: N 00-18-44 E Length: 109. 93 North: 179064.2390 East 15979.9626 curve Len~th: 39.87 Radius: 25.00 De ta: 91-22-27 Tangent: 25. 61 chord: 35.78 course: N 45-59-58 E Course In: 5 89-41-16 E Course Out: N 01-41-11 E RP North: 179064.1027 East 16004.9622 End North: 179089.0919 East : 16005.6980 Line course: 5 88-18-49 E Length: 47.67 North: 179087.6890 East 16053.3473 Line course: 5 01-41-21 W Length: 135. 50 North: 178952.2479 East 16049.3531 Perimeter: 402.99 Area: 9,566 sq.ft. 0.22 acres Mapcheck closure -(Uses listed Error closure: 0.0021 courses, radii, and deltas) course: s 02-44-11 w East : -0.00010 Error North: -0.00208 Precision 1: 191,900.00 Parcel name: LOT 9 North: 179087.6927 Line course: s 01-41-21 w North: 178952.2516 Line course: s 88-18-49 E North: 178950.4858 Line course: N 01-41-21 E North: 179085.9270 Line course: N 88-18-49 w North: 179087.6927 East . . Length: Length: Length: Length: 16053.3475 135. 50 East : 16049.3533 60.00 East : 16109.3273 135. 50 East 16113. 3215 60.00 East 16053.3475 Perimeter: 391.00 Area: 8,130 sq.ft. 0.19 acres Mapcheck closure -(uses listed Error closure: 0.0000 courses, radii, and deltas) course: s 90-00-00 E East : 0.00000 Error North: 0.00000 Precision 1: 391,000,000.00 Parcel name: LOT 10 North: 179085.9269 Line course: s 88-18-49 E North: 179084.8969 curve Length: 39.27 Delta: 90-00-10 chord: 35.36 course In: s 01-41-11 w RP North: 179059.9077 End North: 179059.1708 Line course: s 01-41-21 w North: 178948.7188 Line course: N 88-18-49 w East : 16113.3215 Length: 35.00 East : 16148.3063 Radius: 25.00 Tangent: 25.00 course: s 43-18-44 E course out: s 88-18-39 E East : 16147.5706 East : 16172.5597 Length: 110.50 East : 16169.3025 Length: 60.00 Page 4 Line North: 178950.4845 course: N 01-41-21 E North: 179085.9256 LOT CLOSURES.txt East : 16109.3285 Length: 13 5. 50 East : 16113.3226 Perimeter: 380.27 Area: 7,996 sq.ft. 0.18 acres Mapcheck closure -(Uses listed Error closure: 0.0017 courses, radii, and deltas) course: s 43-18-44 E East : 0.00118 Error North: -0.00125 Precision 1: 223,688.24 --------------------------------------------------------------------------- Parcel name: TOTAL PARCEL North: 179267.0410 Line course: s 88-19-42 E North: 179249.4897 Line Course: S 00-18-44 w North: 178936.6043 Line course: N 88-18-49 w North: 178954.3102 Line course: N 00-18-44 E North: 179267.0455 East : 15981.0691 Length: 601. 65 East : 16582.4631 Length: 312.89 East : 16580.7580 Length: 601. 65 East : 15979.3686 Length: 312 .74 East : 15981.0728 Perimeter: 1828.93 Area: 188,150 sq.ft. 4.32 acres Mapcheck closure -(Uses listed Error closure: 0.0059 courses, radii, and deltas) course: N 39-19-51 E East : 0.00371 Error North: 0.00453 Precision 1: 309,988.14 --------------------------------------------------------------------------- Parcel name: TRACT A North: 179143.1730 East 16581.8820 Line course: s 00-18-44 W Length: 206. 57 North: 178936.6061 East : 16580.7563 Line course: N 88-18-49 W Length: 411. 63 North: 178948.7198 East : 16169.3046 Line Course: N 01-41-21 E Length: 110. 50 North: 179059 .1718 East : 16172.5619 Line course: 5 88-19-18 E Length: 30.00 North: 179058.2932 East 16202.5490 curve Lenrh: 39.27 Radius: 25.00 De ta: 89-59-44 Tangent: 25.00 Chord: 35.35 course: N 46-41-29 E Course In: S 88-18-23 E course out: N 01-41-21 E RP North: 179057.5543 East 16227.5381 End North: 179082.5435 East 16228.2750 Line Course: S 88-18-39 E Length: 0.91 North: 179082.5166 East 16229.1846 Line course: N 01-41-12 E Length: 16.99 North: 179099.4993 East 16229.6847 Line course: S 88-18-39 E Length: 54. 50 North: 179097.8928 East 16284.1610 curve Lenrh: 5.51 Radius: 45 .00 De ta: 7-01-04 Tangent: 2.76 Chord: 5.51 course: N 88-10-49 E course In: N 01-41-21 E course out: s 05-19-43 E Page 5 LOT CLOSURES.txt RP North: 179142.8732 East 16285. 4875 End North: 179098.0677 East 16289.6665 curve Len 1th: 20.99 Radius: 45.00 De ta: 26-43-37 Tangent: 10.69 chord: 20.80 Course: N 71-18-29 E course In: N 05-19-43 W course out: S 32-03-20 E RP North: 179142.8732 East : 16285.4875 End North: 179104.7342 East: 16309.3708 curve Lenrh: 43.79 Radius: 100.00 De ta: 25-05-20 Tangent: 22.25 chord: 43.44 course: N 70-29-20 E course In: S 32-03-20 E course out: N 06-58-00 W RP North: 179019.9808 East : 16362.4450 End North: 179119.2425 East: 16350.3158 curve Lenrh: 4.26 Radius: 100.00 De ta: 2-26-27 Tangent: 2.13 chord: 4.26 course: N 84-15-14 E course In: S 06-58-00 E course out: N 04-31-33 W RP No.rth: 179019.9808 East 16362.4450 End North: 179119.6690 East 16354.5541 Line course: N 85-28-27 E Length: 56.11 North: 179124.0965 East 16410.4892 Line course: N 79-38-33 E Length: 21. 70 North: 179127.9980 East 16431.8356 Line Course: N 54-13-59 E Length: 20.75 North: 179140.1261 East 16448.6721 Line course: N 81-02-27 E Length: 37.73 North: 179146.0018 East 16485.9418 Line Course: S 88-18-51 E Length: 95.99 North: 179143 .1779 East 16581.8903 Perimeter: 1177.20 Area: 71,458 sq.ft. 1.64 acres Mapcheck Closure -(Uses listed Error closure: 0.0096 courses, radii, and deltas) course: N 59-21-40 E East : 0.00826 Error North: 0.00489 Precision 1: 122,625.00 Parcel name: TRACT B North: 179254.3967 Line course: S 88-19-42 E North: 179249.4894 Line Course: s 00-18-44 w North: 179143.1710 Line course: N 88-18-51 W North: 179145.9949 Line course: S 81-02-27 W North: 179140.1192 Line course: s 54-13-59 w North: 179127.9910 Line course: s 79-38-33 w North: 179124.0896 Line course: N 01-41-09 E North: 179254.3932 East 16414.3152 Length: 168.22 East : 16582.4636 Length: 106.32 East 16581.8843 Length: 95.99 East 16485.9358 Length: 37.73 East 16448.6661 Length: 20.75 East 16431.8296 Length: 21. 70 East 16410.4832 Length: 130. 36 East : 16414. 3182 Perimeter: 581.07 Area: 18,823 sq.ft. 0.43 acres Mapcheck closure -(Uses listed courses, radii, and deltas) Error closure: 0.0046 course: s 40-32-17 E Page 6 Error North: -0.00352 Precision 1: 126,319.57 LOT CLOSURES.txt East : 0.00301 Page 7 09/25/2005 12:03 2053821592 SPECIALIZED HOMES -,(' 1 \ ~\., CE1lTIFICATE OF lORMATION OF SPEClALIZED HOMES, L,L,C. ud.l,' 4,o t r;,o/ g 7~ FILED gTW: nc: Wl~!ON JAN 3 0 199S RALPH MUNRO SECRETARY OF sr•n: THIS CERTtFICATS OF POJtMATION of SPECIAUZBD HoMES, L.L.C., a Wuhington limited liability company, di.led la!IIW)' 'Z7, 199S. ii r~ pumllnl. to Chapter 25. 1s of the Revised Code ot w .. hln:to11, by the undertigned. for the purpOIC of fonrung a limited li9.blltty compauy. 1. ~. The name of die limited Uability company is SPBCIAI IZED BOMBS, L.L.C. 4. Dt1e gf Dlgglutjgp. The tlttlJted H1billty '1XDplIIY lw no apetlflc date of distolution. s. ~-TIie ~ of the limltad liability COIIIPm)' ii vested in die meinben. Robert Ni~ 600 Pioneer Bulldq 600 Pint A'mQe s.tle, Wtahiqk,D. 9'104 2621 Jlclvlden A\'tmlll S.W. Seattle, Washinp,n 98126 lN WITNBSS 'WHBllEOF. llTt! ~ bu =cec:uted Ihle.~ u of the date. tint &boV!l ,i,rittcn. AU11IOJUZBD PERSONS: PAGE 02/02 BYLAWS OF PARKLANE COURT HOME OWNERS ASSOCIATION I. DEFINITIONS A. Words Defined. For the purposes of these Bylaws, the following tenns shall have the following meanings and all definitions shall be applicable to the singular and plural fonns of such tenns: a) "Association" shall mean the Parklane Court Home Owners Association, its successors and assigns. b) "Board" shall mean the board of directors of the Association. c) "Bylaws" means these bylaws of the Association. d) "Common Area" and "Common Area Improvements" shall mean all real and personal property now or hereafter owned by the Association for the common use and enjoyment of the Owners. The Common Areas may include parks, open space, recreation areas, private stonn drainage easements, sidewalks, street trees and street lighting, if any, planted landscape features, water fountains, signage and any other areas owned by the Association and designated as Common Areas by Declarant. The Common Areas to be owned by the Association at the time of conveyance of the first Lot to an Owner other than Declarant are described and depicted as Tract A and Tract Bon the Plat. e) "Declarant" shall mean Specialized Homes, L.L.C., a Washington limited liability company. f) "Declaration" shall mean the Declaration and Covenants, Conditions and Restrictions For The Plat of Parklane Court, dated as of , 2006, and recorded on ----- ------, 2006, under King County Auditor's No. , as it may be amended from time to time. g) "First Mortgage" and "First Mortgagee" shall mean, respectively: (a) recorded Mortgage on a Lot that has legal priority over all other Mortgages thereon; and (b) the holder of a first mortgage. For purposes of determining the percentage of First Mortgagees approving a proposed decision or course of action in cases where a Mortgagee holds First Mortgages on more than one Lot, such Mortgagee shall be deemed a separate Mortgagee for each such First Mortgage so held. h) "Lot" shall mean any one of Lots l through IO as shown in the Plat, together with the structures and improvements, if any, thereon. i) "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. j) "Mortgagee" shall mean the beneficial owner, or the designee of the beneficial owner, of an encumbrance on a Lot created by a mortgage or deed of trust and shall also mean the vendor, or the designee of a vendor, of a real estate contract for the sale of a Lot. k) "Owner" shall mean the record owner, whether one or more Persons, of fee simple title to a Lot, including a contract seller except those having such interest merely for the performance of an obligation. 1) "Person" shall mean an individual, corporation, partnership, association, trust or other legal entity. m) "Plat" shall mean the final plat recorded , 2006, in Volume of Plats, pages _through_ inclusive, King County, Washington, under King County Recording No. , and any amendments, corrections or addenda thereto subsequently recorded. n) "Property" shall mean the land described on Exhibit A to the Declaration, together with all improvements thereon. o) "Structure" shall mean any residence, accessory building, fence, wall, driveway, walkway, patio, deck, swimming pool or the like constructed on a Lot. p) "Tract" shall mean either one of Tracts A and Bas shown in the Plat, together with the structures and improvements, if any, thereon. q) "Transition Date" shall have the meaning given to such term in Section 6.10 of the Declaration. B. Form of Words. The singular form of words shall include the plural and the plural shall include the singular. Masculine. feminine and neuter pronouns shall be used interchangeably. II. MEMBERS A. Qualification for Membership. Each fee owner of a Lot (including Declarant) shall be a member of the Association and shall be entitled to one membership and one vote for each Lot owned, provided, that if a Lot has been sold on contract, the contract purchaser shall exercise the rights of an Owner for purposes of the Association, and these Bylaws except as hereinafter limited, and shall be the voting representative unless otherwise specified. Ownership of a Lot shall be the sole qualification for membership in the Association. B. Transfer of Membership. The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except upon the transfer of title to the Lot and then only to the transferee of title to the Lot. Any attempt to make a prohibited transfer 2 shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association to the new Owner. C. Number of Votes. The total voting power of the Association at any given time shall equal the number of Lots included within the Property at that time. The Owner or Owners of each Lot within the Property shall be entitled lo one vote. If a Person (including Declarant) owns more than one Lot, he or she shall have the votes appertaining to each Lot owned. D. Voting. If a Lot is owned by husband and wife and only one of them is at a meeting, the one who is present will represent the marital community. The vote for a Lot must be cast as a single vote, and fractional votes shall not be allowed. If joint Owners are unable to agree among themselves how their vote shall be cast, they shall lose their right to vote on the matter in question. E. Pledged Votes. An Owner may, but shall not be obligated to, pledge his vote on all issues or on certain specific issues to a Mortgagee; provided, however, that if an Owner is in default under a Mortgage on his Lot for ninety (90) consecutive days or more, the Owner's Mortgagee shall automatically be authorized to declare at any time thereafter that such Owner has pledged his . vote to the Mortgagee on all issues arising after such declaration and during the continuance of the default. If the Board has been notified of any such pledge to a Mortgagee, only the vote of the Mortgagee will be recognized on the issues that are subject to the pledge. F. Annual and Special Meeting;h Within the period commencing thirty (30) days before the Transition Date and ending thirty (30) days after the Transition Date, there shall be a meeting of the members of the Association and thereafter there shall be an annual meeting of the members of the Association in the first quarter of each fiscal year at such reasonable place and time as may be designated by written notice from the Board delivered to the Owners no less than thirty (30) days before the meeting. At the first such meeting, and at each annual meeting thereafter, the Owners shall elect by majority vote individuals to serve as Board members until a successor is elected at the next annual meeting. Each Lot shall be entitled to one vote for each director and the voting for directors shall be noncumulative. The financial statement for the preceding fiscal year (if any) and the budget the Board has adopted for the pending fiscal year shall be presented at the annual meeting for the information of the members. Special meetings of the members of the Association may be called at any time upon not less than fourteen (14) days' prior written notice to all Owners, for the purpose of considering matters which require the approval of all or some of the Owners, or for any other reasonable purpose. Any First Mortgagee of a Lot may attend or designate a representative to attend the meetings of the Association. G. Quorum. 3 At any meeting of the Owners, attendance by a majority of the Owners entitled to vote on a matter shall constitute a quorum. Once an Owner is present or represented at a meeting, other than to object to holding the meeting or transacting business, the Owner is deemed to be present for purposes of a quorum for the remainder of the meeting and for any adjournment of that meeting. If a quorum exists, action on a matter is approved if the votes cast favoring the action exceed the votes cast opposing the action, unless the question is one upon which a different vote is required by express provision of law, the Declaration, the Articles of Incorporation or these Bylaws. H. Manner of Acting; Proxies. An Owner may vote either in person or by proxy, executed in writing by the Owner or by his or her duly authorized attorney-in-fact. All proxy appointment forms shall be filed with the secretary of the Association before or at the commencement of the meeting for which the proxy is to be effective. No proxy appointment may be effectively revoked until notice in writing of such revocation has been given by the Owner appointing the proxy to the secretary of the Association or to the person presiding over the meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. Unless stated otherwise in the proxy, a proxy terminates eleven months after its date of issuance. I. Participation by Conference Telephone. Owners may participate in a meeting of the Owners by means of a conference telephone or similar communications equipment by which all persons participating in the meeting can hear each other at the same time. Participation at a meeting by such means shall constitute presence in person at the meeting. J. Waiver of Notice. Notice of the time, place and/or purpose of any meeting may be waived in writing ( either before or after such meeting) and will be waived by any Owner by his or her attendance thereat in person or by proxy, unless the Owner at the beginning of the meeting objects to holding the meeting or transacting business at the meeting. Any Owner so waiving shall be bound by the proceedings of any such meeting in all respects as if due notice thereof had been given. K. Action by Owners Without a Meeting. Any action which is permitted or required to be taken at a meeting of the Association may be taken without a meeting if all Owners entitled to vote on such action consent to the action in writing. Any action taken by unanimous written consent of the Owners shall be effective when all Owners have executed such consent, unless the consent specifies a later effective date. 4 III. BOARD OF DIRECTORS A. General Powers. The affairs of the Association shall be governed by a Board of Directors (the "Board"). B. Number of Directors.The Board shall be composed of one or more members, to be determined in the reasonable discretion of the Association. The Declarant initially shall constitute the Board and be fully authorized to exercise all of the powers of the Association until the Transition Date as defined in the Declaration. C. Number, Tenure and Qualification. The number of directors may be increased or decreased from time to time by amendment to or in the manner provided by these Bylaws. No decrease, however, shall have the effect of shortening the term of an incumbent director unless that director resigns or is removed in accordance with the provisions of these Bylaws. Unless removed in accordance with these Bylaws, each director shall hold office until the next annual meeting of the Owners of the Association and until a qualified successor is elected. Each member of the Board must be an Owner. D. Annual and other Regular Meetings. An annual meeting of the Board shall be held, without notice, immediately after and at the same place as the annual meeting of Owners. The Board may specify by resolution the time and place, either within or without the State of Washington, for holding any other regular meetings of the Board. E. Special Meetings. Special meetings of the Board may be called by any director. Notice of special meetings of the Board stating the date, time and place shall be given at least three (3) days prior to the date set for such meeting by the person or persons authorized to call such meeting, or by the secretary at the direction of the person or persons authorized to call such meeting. The notice may be oral or v,ritten. Oral notice may be communicated in person or by telephone, wire or wireless equipment. Oral notice is effective when communicated. Written notice may be transmitted by mail, private carrier or personal delivery; telegraph or teletype; or telephone, wire, or wireless equipment which transmits a facsimile of the notice. Written notice is effective upon dispatch if such notice is sent to the director's address, telephone number, or other number appearing on the records of the Association. Any director may waive notice of any meeting at any time. Whenever any notice is required to be given to any director of Board pursuant to applicable law, a waiver of such notice in writing signed by the director entitled to notice, shall be deemed equivalent to the giving of notice. F. Quorum. A majority of the number of directors of the Board shall constitute a quorum for the transaction of any business at any meeting of Board. G. Manner of Acting. If a quorum is present when a vote is taken, the affirmative vote of a majority of directors present is the act of the Board, unless the question is one upon which a different vote is required by express provision of law, the Declaration, the Articles of Organization or these Bylaws. H. Participation by Conference Telcphon~. Directors may participate in a meeting of the Board by means of a conference telephone or similar communications equipment by which all 5 persons participating in the meeting can hear each other at the same time. Participation at a meeting by such means shall constitute presence in person at the meeting. I. Presumption of Assent. A director who is present at a meeting of the Board at which action is taken shall be presumed to have assented to the action taken unless such director's dissent is entered in the minutes of the meeting or unless the director files his written dissent to the action with secretary of the meeting before adjournment or forwards his dissent by registered mail to the secretary of the Association immediately after adjournment of the meeting. Such right to dissent shall not apply to a director who voted in favor of the action. J. Action by Board Without a Meeting. Any action permitted or required to be taken at a meeting of the Board may be taken without a meeting if all directors entitled to vote on such action consent to the action in writing. Any action taken by unanimous written consent of the Board is effective when all of the directors have executed such consent, unless the consent specifies a later effective date. K. Resignation. Any director may resign at any time by delivering written notice to the president or the secretary of the Association, or by giving oral notice at any meeting of the directors or Owners. Resignation shall take effect at the time specified in the Notice of Resignation, or if the time is not specified, upon delivery of the notice. Unless otherwise specified in the notice, the acceptance of the resignation is not required to make the resignation effective. L. Removal. At a meeting of the members called expressly for that purpose, any director or the entire Board may be removed from office, with or without cause, by a majority vote of the Owners entitled to vote. If the entire Board or any one or more directors is removed, new directors may be elected at this same meeting. M. Vacancies. A vacancy on the Board may occur by the resignation, removal or death of an existing director, or as a result of an increase in the number of directors as provided in these Bylaws. Any vacancy occurring in the Board may be filled by the majority vote of Owners entitled to vote. A director elected to fill a vacancy shall be elected for the unexpired term of his predecessor, except that a vacancy to be filled by reason of an increase in the number of directors shall be filled for a term of office continuing only until the next election of directors. N. Compensation. No director shall receive compensation for any service he or she may render to the Association as a director IV. POWERS OF DIRECTORS The Board, on behalf of and acting for the Association and for the benefit of the Property and the Owners, shall have all the powers and authority permitted to the Board under the Declaration, including but not limited to the following powers: A. Rules and Regulations. Adopt and publish rules and regulations governing the use of Common Areas and the personal conduct of the members and their guests, and establish penalties for any infractions. 6 B. Assessments. Establish and collect regular assessments and/or special assessments to defray expenses attributable to carry out its duties and to maintain an adequate reserve fund for the maintenance, repair and replacement of those portions of the Common Areas which must be maintained, repaired or replaced on a periodic basis. C. Service. Obtain the services of Persons required to properly manage the Property to the extent deemed advisable by the Board including legal and accounting services, property management services, and any personnel as the Board shall determine are necessary or proper for the operation and maintenance of the Common Areas. D. Utilities. Obtain water, sewer, garbage collection, electrical, telephone, gas and any other necessary utility service, including utility casements required for the Common Areas. E. Insurance Obtain and pay for policies of insurance or bonds providing casualty and liability coverage for the Common Areas and for fidelity of Association officers and other employees. F. Maintenance and Repair of Common Areas. Pay for the costs of maintenance, repair and improvement work for the Common Areas and any improvements located therein. Pay for such furnishings and equipment for the Common Areas as the Board shall determine are necessary and proper to keep the Property in a good, clean, attractive, sanitary and safe condition and in full compliance with applicable governmental laws, rules and regulations and the provisions of the Declaration. G. Enforce Declaration. Enforce the applicable provisions of the Declaration for the management and control of the Property. H. Contracts. Contract for materials and/or services which it deems necessary to carry out its responsibilities as provided in these Bylaws. I. Financial Statements. Prepare or cause to be prepared at least annually, a balance sheet and an operating income/expense statement for the Association, copies of which shall be distributed to each Owner within thirty (30) days after the accounting date. The operating statement shall include a schedule of Assessments received and receivable, identified by the name of the Owners so assessed. The 7 Board may require that an external audit be prepared annually by an independent public accountant within ninety (90) days following the end of each fiscal year. J. Payment for Materials. Services, Etc. Pay for any materials, supplies, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments which the Board is required to secure by law, or which in its opinion are necessary or proper for the operation of the Common Areas or for the enforcement of the Declaration. K. Non-Profit. Nothing herein contained shall be construed to give the Board authority to conduct an active business for profit on behalf of the Association. L. Exercise Powers of Association. Subject to the provisions of the Declaration, the Board shall exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Organization or the Declaration. M. Adopt Amendments. The Board may adopt additional bylaws and rules and regulations governing the Association and the Unit Owners. In the event of conflict between the Declaration and these Bylaws or any additional bylaws or rules and regulations adopted by the Board, the provisions of the Declaration shall prevail. V. OFFICERS A. Number. The Association shall have a president, a secretary and a treasurer who shall be members of the Board (except that, prior to the Transition Date, any individual who is designated by Declarant to serve as an officer may do so), and such other officers as may be deemed necessary or appropriate by the Board. Any two or more offices may be held by the same person. B. Election and Term of Office. The officers of the Association shall be elected by the Board following each annual meeting of the Owners. The otlicers shall he elected annually and each shall hold office for one(!) year unless he or she shall sooner resign or be removed, or otherwise be disqualified to serve. C. Resignation. Any officer may resign at any time by delivering written notice to the Board, the president, or the secretary, or by giving oral notice at any meeting of the Board. The resignation shall take effect at the time specified, or if the time is not specified, upon delivery of the notice. 8 Unless otherwise specified, acceptance of the resignation is not required to make the resignation effective. D. E. Removal. Any officer may be removed by the Board with or without cause. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he or she replaces. F. President. The president is the principal executive officer of the Association and, subject to the control of the Board, shall generally supervise and control the business and affairs of the Association. When present, the president shall preside at all meetings of the Owners and at all meetings of the Board. The president may sign deeds, mortgages, bonds, contracts, or other instruments which the Board has authorized to be executed, except in cases where the signing and execution shall be expressly delegated hy the Board or by these Bylaws to some other officer or agent of the Association or shall be required by law to be otherwise signed or executed. In general, the president shall perform all duties incident to the office of president and such other duties as may be prescribed by resolution of the Board from time to time. G. Secretary. The secretary shall keep the minutes of the proceedings of the members and the Board; shall give notices in accordance with the provisions of these Bylaws and as required by law; shall be custodian of the Association records; shall keep a record of the names and addresses of all Owners; may sign with the president, deeds, mortgages, bonds, contracts, or other instruments which shall have been authorized by resolution of the Board; in the absence of the president or in the event of his death, disability or refusal to act, may perform the duties of the president subject to all the restrictions upon the president; and in general perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to the secretary by resolution of the Board. H Treasurer. The treasurer shall have charge and custody and be responsible for keeping correct and complete books and records of accounts for all funds and securities of the Association; receive and give receipts for monies due and payable to the Association from any source whatsoever; deposit all such monies in the name of the Association in the banks, trust companies or other depositories as shall be selected in accordance with the provisions of these Bylaws; and in general perform all of the duties incident to the office of treasurer and such other duties as from time to time may be assigned to the treasurer hy resolution of the Board. 9 VI. CONTRACTS, LOANS, CHECKS, DEPOSITS A. Contracts. The Board may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name and on behalf of the Association, which authorization may be general or confined to specific instances. B. Loans. Unless authorized by a resolution of the Board, no loans shall be contracted on behalf of the Association and no evidences of indebtedness shall be issued in its name. C. Checks, Drafts, Etc. All checks, drafts or other orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Association shall be signed by the officer or officers, or agent or agents of the Association in the manner as shall from time to time be prescribed by resolution of the Board. D. Deposits. All funds of the Association not otherwise employed shall be deposited from time to time to the credit of the Association in the banks, trust companies or other depositories as the Board may select. E. Loans to Directors and Officers. No loans shall be made by the Association to any officer or to any director. VII. ASSESSMENTS As more fully provided in the Declaration, each Owner is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the Lot against which the assessments are allocated. Any assessments not paid when due shall be delinquent. If payment is not made for a period of more than ten ( I 0) days after the date when due, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) percent per annum. The Association may foreclose the lien for delinquent assessments against a Lot in like manner as the foreclosure of a mortgage of real property, and interest, costs and reasonable attorney's fees of the action shall be added to the amount of the delinquent assessments. No Owner may waive or otherwise escape liability for the assessments provided in these Bylaws and in the Declaration by non use of the Common i\reas or abandonment of his Lot. VIII. RULES OF PROCEDURE The rules of procedure at meetings of the Board, meetings of the Owners, and committee meetings shall be the rules contained in Roberts' Rules of Order on Parliamentary Procedure, as amended, so far as applicable and when not inconsistent with these Bylaws, the Articles of Organization, the Declaration or any resolution of the Board. 10 IX. SEAL This Association need not have a corporate seal. If the directors adopt a corporate seal, the seal of the corporation shall be circular in form and consist of the name of the Association, the state and year of incorporation, and the words "Corporate Seal." X. INDEMNIFICATION Each Board member and Declarant shall be indemnified by the Association against all expenses and liabilities, including attorneys· fees, reasonably incurred by or imposed, in connection with any proceeding to which such party may be a party, or in which such party may become involved, by reason of holding or having held such position, or any settlement thereof, whether or not such party holds such position at the time such expenses or liabilities arc incurred, except to the extent such expenses and liabilities are covered by insurance and except in such cases wherein such Board member or Declarant is adjudged guilty of willful misfeasance in the performance of his or her duties; provided, that in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association. XI. BOOKS AND RECORDS The Board shall cause to be kept complete, detailed and accurate books and records of the receipts and expenditures (if any) of the Association, in a form that complies with generally accepted accounting principles. The books and records, authorizations for payment of expenditures, and all contracts, documents, papers and other records of the Association shall be available for examination by the Owners, any Mortgagees, and the agents or attorneys of either of them, during normal business hours and at any other reasonable time or times. XII. FISCAL YEAR The fiscal year of the Association shall be the calendar year, except that the first fiscal year shall begin on the date of recordation of the Declaration. XIII. COPIES OF RESOLUTIONS Any person dealing with the Association may rely upon a copy of any of the records of the proceedings, resolutions or votes of the Board when such records are certified by the president or the secretary. XIV. LIMITATION ON DISTRIBUTION OF FUNDS Subject to the applicable law, the funds of the Association may be distributed only for the purposes of the Association as described in the Articles of Organization and in the Declaration. XV. AMENDMENTS TO BYLAWS Subject to the provisions of the Declaration, these Bylaws may be altered, amended or 11 repealed, and new Bylaws may be adopted by the Board or by the Owners. Any bylaw adopted, amended or repealed by the directors may be repealed, amended or reinstated by the Owners at the next meeting of members following such action, without further notice than this Bylaw. The undersigned, being the secretary of the Association, hereby certifies that these Bylaws are the Bylaws of Parklane Court Home Owners' Association, adopted by resolution of the Board on , 2006. DA TED: ____ , 2006. Name: Title: Secretary 9/25/06 7,24 AM() 12 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton WA 98055 Title: UTILITIES EASEMENT Property Tax Parcel Number: 084 710-0080 ~Pr.::.:..:oj:.:ec:....t_:Fil:..:e:..:#:.=: ===-=====-=---+=-S-=--tree=-.:t ::.NE:,_l::.;sT=P:..:L:..;/L=:Y..:.0::.:N..:.S.c:A:.::V:::E:..::.:.N:....E ___ 084 710-0081 Reference Number(s) of Documents assigned or released: Additional reference numbers are on page __ . Grantor(s): Grantee(s): I. SPECIALIZED HOMES, L.L.C. I. City of Renton, a Municipal Corporation 2. The Gnntor1 as named above. for or and in consideration of mutual benefits, hereby grants, bargains, sells and delivers to the above named Gnntee, the follov.ing described property: Additional legal is on page __ of document. (Abbreviat,4 l<gal description MUST go h<re.) LEGAL DESCRIPTION: A FIFTEEN FOOT WIDE SEWER EASEMENT BEING SITUATED IN THE SE QUARTER OF THE NE QUARTER OF SECTION 15, TO\VNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON. H:IFORMS\KCRECORD\EA.SEMENT.DOC\ hg~ l FORM 03 OOOO/bh/CA2-21-97 That said Grantor(s), for and in consideration of mutual benefits, do by these presents, grant, bargain, sell, convey, and warrants unto the said Grantee, its successors and assigns, an easement for public utilities (including water, wastewater, and surface water) with necessary appurtenances over, under, through, across and upon the following descnoed property (the rigbt-of-way) in King County, Washington, more particularly descnoed on page 1. (or if full legal is not on page 1-Exhibit A.) For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining utilities and utility pipelines, including, but not limited to, water, sewer and storm drainage lines, together with the rigbt of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: I. The Grantee shall, upon completion of any work within the property covered by the casement, restore the surface of the casement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Gran tor shall retain the rigbt to use the surface of the casement as loog as such use does not interfere with the easement rigbts granted to the Grantee. Granter shall not, however, have the right to: a. Erect or maintain any buildings or structures within the easement; or b. Plant trees, shrubs or vegetstion having deep root patterns v.hlch may cause damage to or interfere with the utilities to be placed within the easement by the Grantee; or c. Develop, landscape, or beautify the easement area in any way v.hlch would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig, tunnel or perform other forms of construction activities on the property v.hlch would disturb the compaction or unearth Grantee's facilities on the rigbt-of-way, or endanger the lateral support facilities. e. Blast within fifteen (15) feet of the right--0f-way. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful rigbt to execute this agreement By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and eveiy person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this __ day of 19 __ . INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STAIB OF WASHINGTON ) SS H:IFORMS\KCRECORD\EASEMENT.DOC\ COUN1Y OF KING ) I certify that I know or have satisfactory evidence that-------- --c--,-.,.--:-,--,-,-,-,,-,-,-,---,,-,---signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrwnent Notary Public in and for the State of Washington Notary (Print). ______________ _ My appointment expires.: ____________ _ Dated: Pagc2 GRANTORSPARCEL LEGAL DESCRIPTION mACT 12, BLACK LOAM FIVE ACRE mACTS. ACCORDING TO THE PLAT THEREOF RECORO£D IN VOLUME 12 OF PLATS, PAGE 101 IN KING COUNTY, WASHINGTON. SEWER EASEMENT PLAT OF PARKLANE COURT LEGAL DESCRIPTION THAT PORTION OF TRACT 12, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 101, AS LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 12; THENCE SOUTH 88°18'49' EAST 190.02 FEET; THENCE NORTH 01 °41 '21" EAST 110.50 FEET; THENCE SOUTH 88°19'18" EAST 30.00 TO THE BEGINNING OF A NON- TANGENT CURVE TO THE RIGHT, CONCAVE TO THE SOUTHEAST, HA YING A RADIUS OF 25.00 FEET, THE CENTER OF WHICH BEARS SOUTH 88°18'23" EAST; THENCE ALONG SAID CURVE AN ARC LENGTH OF 39.27 FEET AND THROUGH A CENTRAL ANGLE OF 89°59'44"; THENCE SOUTH 88°18'39" EAST 0.91 FEET; THENCE NORTH 01 °41 '09" EAST 42.00 FEET; THENCE NORTH 88°18'49" WEST 19.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°18'49" WEST 32.77 FEET; THENCE NORTH 01°41 'l l" EAST 9.88 FEET; THENCE NORTH 82°28'34" EAST 235.23 FEET; THENCE SOUTH 01 °41 '09" WEST 15.20 FEET; THENCE SOUTH 82°28'34" WEST 202.03 FEET TO THE TRUE POINT OF BEGINNING. A POATlON OF THE SE 1/4 OF THE NE 1/4 OF SECTION 15, TOWNSHIP 23 NORTH. RANGE 5 EAST, W.M. ~ CITY OF RENTON, KING COUNTY, WASHINGT<?,N __________ _------]~ ~ 82 ·2s'J4 E ---------Ji--:-~ --------C) _-2Js.2J " _---------"' _-_-N82"2B'34 [ ---------------~~ --_-202.03 .-OJ -------------:,: ~ 32 77' _- ~ '-f ., N88"/8'49"W 19-42' b ,"' a9,, o ~ ~ L=39 27 B"Jtr E" '>-6 sBB-,, ~ "-:___ R=2500 ~ v, 6=89°59'~4" ~ . '~ Tan=25.00 8 t N88"/8'49"W 19002' -~ " NBB"/9°/B"W{ 25.0 ~ ' .30.00' 588"/8'23''f ,lc.! ,-;, IC) ~-l.lj 7J--c") c-J :: < 0510 20 w-i=-:::J Baima & Holmberg Inc. ENGINEERS & SURVEYORS 100 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 ( 425) 392 -0250 SEWER EASEMENT MAP EXHIBIT Return Address: City Clerk's Office City of Renton I 055 South Grady Way Renton, WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 084710-0080 Project File#: Street NE Jsr PL/LYONS AVE NE 084710-0081 Reference Number(s) of Documents assigned or rckased. Additional reference numbers are on page __ . Grantor(s): Grantee(s): I. SPECIALIZED HOMES, L.L.C. I. City of Renton, a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page ) A 32 FOOT WIDE ACCESS ROAD WITH APPROPRIATE CORNER RADIUS TURNS AND TURNAROUND. ALL BEING SITUATED IN THE SE QUARTER OF THE NE QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY WASHINGTON. The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, the above described real estate situated in the County of King, State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted By: Grantor(s): Grantee(s): City of Renton Mayor City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON ) ss ACKNOWLEDGMENT COUNTY Of KING ) I certi(r that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and ackno\vledgeJ it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: deed Page 1 Notary Seal must be within box Notary Seal must be within box Notary Seal must he within box deed INDIVIDUAL FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KIKG ) I certify that I know or have satisfactory evidence that ________ _ __________________ signed this instrnment and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) _________________ _ My appointment expires: _____________ _ Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certii)' that I know or have satisfactory evidence that ________ _ ___________ signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknmvlcdged it as the and ________ _ of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) _______________ _ My appointment expires: _____________ _ Dated: CORPORATE FORM OF ACKNOWLEDGMENT STATE OF WASIIINGTON ) SS COUNTY OF KING ) On this ___ day of ______ ., 19 __ , before me personally appeared _______________________ to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and thaL the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) ________________ _ My appointment expires: ______________ _ Dated: Page2 GRANTORSPARCEL LEGAL DESCRIPTION TRACT 12, BLACK LOAM FIVE: ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 1D1 IN KING COUNTY. WASHINGTON. ROAD RIGHT-OF-WAY DEDICATION PLAT OF PARKLANE COURT LEGAL DESCRIPTION THAT PORTION OF TRACT 12, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 101, AS LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 12; THENCE SOUTH 88°18'49' EAST 190.02 FEET; THENCE NORTH 01°41'21" EAST 110.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88°19'18" EAST 30.00 TO THE BEGINNING OF A NON- TANGENT CURVE TO THE RIGHT, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET, THE CENTER OF WHICH BEARS SOUTH 88°18'23" EAST; THENCE ALONG SAID CURVE AN ARC LENGTH OF 39.27 FEET AND THROUGH A CENTRAL ANGLE OF 89°59'44"; THENCE SOUTH 88°18'39" EAST 0.91 l'EET; THENCE NORTH 01 °41 '09" EAST 42.00 FEET; THENCE NORTH 88°18'49" WEST 225.78 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, CONCA VE TO THE NORTHEAST, AND HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 38.67 FEET, THROUGH A CENTRAL ANGLE OF 88°37'33" TO THE WEST LINE OF SAID TRACT 12; THENCE SOUTH 00°18'44" WEST 92.03 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, CONCAVE TO THE SOUTHEAST, AND HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 39.87 FEET AND THROUGH A CENTRAL ANGLE OF 91 °22'27"; THENCE SOUTH 88°18'49" EAST 142.67 FEET TO THE BEGINNJNG OF A CURVE TO THE RIGHT, CONCA VE TO THE SOUTHWEST, AND HAVJNG A RADIUS OF 25.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 39.27 FEET, THROUGH A CENTRAL ANGLE OF 90°00'10" TO THE TRUE POJNT OF BEGINNJNG. 11/30/06 A PORTION OF THE SE 1/4 OF THE NE 1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. l~~rn co g z EXPIRES ., ' CITY OF RENTON. KING COUNTY. WASHINGTON L•38.67 R•25.00 L> •88°37'33" N 88"18'49" W ;= • 0, 225.78' ? t 0.91 ~ vi , 010 I S88i8'3~ - N 88"18'49" W 142.67' ____., L•39.27 L•39.87 R•25.00 L> =91°22'27" L•39.27 R•25.00 L> -90°00'10" 190.02' N aa·1a'49" w ~ d ~ ~ w • Fi t 5 z R•25.00 L> •89"59'44" N 88°19'18" W I) 10 20 .. M:::i ! Baima & Holmberg Inc. ENGINEERS & SURVEYORS 100 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 (425) 392 -0250 DEED OF DEDICATION MAP EXHIBIT . ... Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 Title: EASEMENT FOR EMERGENCY ACCESS Property Tax Parcel Number: 084710-0080 084710-0081 Projcet File #: Street Intersection NE )'1 PULYONS AVE NE Grantor(s): Grantee(s): I. SPECIALIZED HOMES, L.L.C. I. City of Renton, a Municipal Corporation 2. The Grantor, as named above, for or and in consideration of mutual benefits, hereby grants, bargains, sells and deliver.a to the above named Grantee, the following descnocd property: Additional legal is Oil page __ of document. (Abbrevi,ne,I legal description MUST go here.) LEGAL DESCRIPTION: '\ 21 FOOT WIDE ACCESS EASEMENT TO SERVICE LOTS 5, 6 AND 7 OF PARKLANE COURT BEING SITUATED IN THE SE QUARTER OF THE NE QUARTER OF SECTION 15, TOWNSHIP 23 '/ORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON. That said Granto,{s), for and in consideration of murual benefits. grant and conveys unto the said Grantee an easement for ingress and egress over, under, across and through the following described real property in King County, Washington: This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properites and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will wsrrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfuny claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, ,aid Grantor bas caused this instrument to be executed this __ day of 20 - • Granter , Grantor DC/flro/fi...00058.doc Page I 712003 bh Notary Seal must be within box INDIVIDUAL FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KJNG ) I certify that I know or have satisfactory evidence that _______ _ -:---c--c--=,-,-:-c-:--,--:-:-:---:---:---'ignod this instrument and acknowledged it to be his/her/their free and voluntaty act for tho uses and purposes mentioned in the instrument Nota,y Public in and for the State of Washington Nota,y (Print) __ ~---------- My appointment expires: ___________ _ Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal inust be within box ST A TE OF WASHINGTON. ) SS Notary Seal must be within box DC/flfeiftte00058.doc COUNTY OF KJNG ) I certify that I know or hove satisfactory evidence that _______ _ --:-~-:--,-,-,--c---:----:--:--,.,--signod this instrument, on oath stated that he/shelthey was/were authotizod to execute the instrument and acknowledged it as the and _______ _ of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrumcnL Nota,y Public in and for the State of Washington Nota,y (Print) _ __,,------------My appointment expires: ___________ _ Dated: CORPORATE FORM OF A.CKNOll'LEDGMENT STATEOFWASHINGTON lss COUNTY OF KING ) On !hi> ___ day of ____ ~20~ before me personally appeared ---,--:----,--,----t.o me known to be of lhe corporation that c~ecutcd the within instrument. and acknowledge the, said instrument to be tho fn:e and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,. and each on oath stated that he/she was llUthorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Nota,y Public in and for the State of Washington Notary (Print) ______________ _ My appointment expires: ___________ _ Dated: Page2 GRANTORSPARCEL LEGAL DESCRIPTION TRACT 12, BLACK LOAM Flvf: ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 101 IN KING COUNTY, WASHINGTON. EMERGENCY ACCESS EASEMENT PLAT OF PARKLANE COURT LEGAL DESCRIPTION THAT PORTION OF TRACT 12, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 101, AS LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 12; THENCE SOUTH 88°18'49' EAST 190.02 FEET; THENCE NORTH 01 °41 '21" EAST 110.50 FEET; THENCE SOUTH 88°19'18" EAST 30.00 TO THE BEGINNING OF A NON- TANGENT CURVE TO THE RIGHT, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET, THE CENTER OF WHICH BEARS SOUTH 88°18'23" EAST; THENCE ALONG SAID CURVE AN ARC LENGTH OF 39.27 FEET AND THROUGH A CENTRAL ANGLE OF 89°59'44"; THENCE SOUTH 88°18'39" EAST 0.91 FEET; THENCE NORTH 01 °41 '09" EAST 37.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88°18'39" EAST 54.50 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, CONCA VE TO THE NORTH, AND HAVING A RADIUS OF 24.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 11.20 FEET, AND THROUGH A CENTRAL ANGLE OF 26°43'37" TO THE BEGINNING OF A REVERSE CURVE HAVING A RADIUS OF 105.46 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 55.98 FEET AND THROUGH A CENTRAL ANGLE OF 30°24'46"; THENCE NORTH 85°28'27" EAST 58.28 FEET; THENCE SOUTH 01 °41 '09" WEST 20.12 FEET; THENCE SOUTH 85°28'27" WEST 56.11 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, CONCA VE TO THE SOUTHEAST AND HA VINO A RADIUS OF 100.00 FEET; THENCE ALONG SAID CURVE AN ARC LENGTH OF 43.80 FEET, THROUGH A CENTRAL ANGLE OF 25° 05' 48" TO THE BEINNING OF A REVERSE CURVE HAVING A RADIUS OF 45.00 FEET; THENCE ALONG SAID REVERSE CURVE AN ARC LENGTH OF 20.99 FEET AND THROUGH A CENTRAL ANGLE OF 26°43'37"; THENCE NORTH 88°18'39" WEST 54.50 FEET; THENCE NORTH 01°41 '09" EAST 21.00 FEET TO THE TRUE POINT OF BEGINNING. • A PORTION OF iHE SE 1/ 4 OF THE NE 1/4 OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. " E, 10 zo ~ 190.02' N 8878'49" W CITY OF RENTC?N, KING COUNTY. WASHINGTON l=55 _gs <\ R=105.46 ...., • -;'< :,I-a <!: ~ 0... ...., L=11.20 a"'30 24 46 58.28' ' V, R=24.00 Ton=28.6~~.27 • w "'?l -26°43'37" ~ . 5 857 ": -a-~ ~ :-i- Ton=5.7D / 5e.11· ci . 54.50' I _.-A s 85'28'27" W "" "o, o N 88i8'J9" W S" <:, ~ ~~ ~ 54.50' o.9 t'~c,::; o, N 8878'39" W S 88i8'J9" E vi "' <o - L=43.80 R=100.00 t,.=25°05'48" Tan=22.26 L=20.99 R=45.00 t,.=26°43'37" Tan=10.69 30.00' L=39.27 N 88i9'18" W R=25.00 c:, t,=89°59'44" "' Tan=25.00 c:; - Baima & Holmberg Inc. ENGINEERS & SURVEYORS 100 FRONT STREET SOUTH JSSAQUAH, WASHINGTON 90027 (425) 392 -0250 EASEMENT FOR EMERGENCY ACCESS MAP EXHIBIT Printed: 10-17-2006 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA06-134 ', .. ,.,·.,,.·, Receipt Number: R0605226 Total Payment: 10/17/2006 12:52 PM 1,000.00 Payee SPECIALIZED HOMES LLC Current Payment Made to the Following Items: Trans Account Code Description Amount 5012 000.345.81.00.0009 Final Plat 1,000.00 Payments made for this receipt Trans Method Description Amount Payment Check 27602 1,000.00 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use or Fence Review 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 604.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.l Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00