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Home My WebLink AboutLUA-07-002_Report 1~~ ~~ " "," ~~ ~..,--o-=-_--b-_-c~ _ .. -:-:""=.-=~""'"- ,JERICHO A VENUE SE (1441H AVENUE BE) r:;;;'l CITY OF ,,~ RENTON ~; ~ 0; , " , JP'~SS~ SHY CREEK - ! ~~ 0- 0" ~, ~ ~"'1 SHY CREEK POR NE 1/4, SEC 15, TWP 23 N, AGE 5 E, WM CIlY OF RENTON, KING COUNTY, WASHINGTON AUGUST 2006 DEDICATION KNOW AU.. PEOPI..E BY lHESE: f'R[5.[~TS '!HAT v.r T>lE U"DER$HJI~EO OWNERS OF INTEREST I~ T"~. ~ANL. HtRE.f!Y SUBOIVIOEIJ. HEREBY DEClARE Tl'15 F>l. ... T TO sr THE CRA.P'HIC REP~SE:NTAT1ON OF "HE ~um)lVISI0~ M~DE HERtEr, AND DO HER£IIY DEDICATE TO mE 1JS.E Of: TliE PUBliC ,000E~R All $lREETS ~~l; Avo"~'rs NOT SH~\\N o>.s PRl~ATE >tE;RE;ON AND OCDIC~TE' Tl<E USE THER£Of" Fl)R AU PUSUC PURPOS<.S "~'I; INCON5l5TENT MW lHE USE THEREOF FOR puee>c ~'G>+WI'.Y PURPOS~S. ANO AlSO Tl-1E IMW '<.' !,~K,-Ace NECESS~RY 5LDP£S FOR CUTS I<.NI) nus UPON mE LOTS SHOWN TJoi£REON IN lHE OIl'IGINAi. R,A~QN~"Lc GllAOlNG OF SI.ID STlIE£TS AND A\oENUE5, NlD F'tJRTHtR ()UljCATE TO ~ LrsE 0'-rH( PU6UC All 'IE E.-.satEIITS AND TRACTS SHO\\tj ON Tl-llS ptAT FOR AU. PU6UC PURPOSES AS INDlCAlEO THHt('N, t.(L"DPNC BUT NOT UIoiITED TO PARKS, OPEN SPAt,.( \Jl1U'flES AND ORAIN~(l[ \!tll.OSS SI.!C~ E"s("'EtP~ ~" ,AC '0 ~"~ sp£ClnOQU I(){NTlnED ON THIS F>l.~T AS BEtNG OEDrC .... TEO OR CotIVE:Yl:D TO A P£RSON OR ,x,n Cli1r~ 11-<AN lllE PUBLIC. F"JRTHEll. 'IkE UNDERSICNED O~ERS OF ll<E LAND ~EREBY SUBDiVIDED. W-".I·,T ,OR J1.jOolSl'l:ve:S. 711tl~ HEIIlS AND ASSIGNS AND ANY PERSON OR ENlln OCRl"'NC TIltE FROM 1HE 1_'t,D~RSlGH["o. A~Y AND ..... l ClAIMS rOo< DM~~G£S AGAINST on ~ REN~. Irs SUCCESSORS AN!) A~G'jc· 111,,0, I>AY r.r OCCASIONEIJ TO T\j, ADJM;E~T LANDS or TliIS SUBQI"SlOII BY T1iE ESTA8USH"EtH, CONST~'Jcnc' •. OF !.tAlN1"I:~1o.NC[ Of ROADS lIIll-IIN Tl-IIS SU9Ol'<lSlON f\)1IT\jER ACRE( TO HOlD THE CITY or REtrf(m -.NO ANY GDYElINwrNTAL AlJT\jORITi' HARWlES", :'<CIIJ~I~~ -,;0 COST Of DEFENSE. W ~NY. F'FWN ANY DAl.lAGES TO F>ERSONS OR PROf'ERTY WlT\jIN Cfi I'ITH~~T 1,<1" SU9DI'<ISlOI-l Re:SlJLnNC FllOW THe: Al_Tt/MnON Of lHl: GROUND s.JI<FAa:. VEGETATION. DR~'~'{'" ~~ 9.?',\:, OR SIJB-SlJRr~q WATER FLOW. OR I~ ANY fJlSHION CAUSED BY THE A?f'ROVJll OR CONS'RUCfCf, '-r --:5 SUIlCI"'SlON TIilS SiJ!l(l1"'SlON. OWICAliON. "' .... YElI Of ClAIMS AND AGRUWENT TO HGlD ~Ar,,_,-~s L, ",~f ..... 11-4 1I-4E ~E' CONS£NT "'~D IN o\CCClROANcr VIIJl1 Tl-1E O(SiRES OF SAID O\\tjERS. IN l\In;E~o ',I1-'fR,l)r ',E sn GltR HAN{)S -.NO SEALS CtlNN£R HOUES COWPANY, A "'ASHINOTON CORPORATION flRST H(lftLZ()N HOWE LOAN ~QH"'-"'A "(,N A ~A~SA.S COfIPOI!AT10N ~T~'-----~'------- ( AS LENDER QI.IL Y. NOT ~s O'lINrR : ACKNOWLEDGMENTS STAll Of WA.5HIt'GTON COUNTY 01' _____ _ I CERllFY THAT I KNOW OR H~VE SAlISF~CTOR~ E"IDENCE THAT ____________ .. __ .. , _____ SiGtiED IltIS INS1RUWf.t(T. ON OATH STATT;> ll-iAT THEY W!:RE Al)lHQIILZED TO Ext:Cun: THE Itismu~Etlr ~ND ~CK'IOlllillGl;O I' AS TH[ ___________ .. ____ . __________ AND __________________ _ CONNER f-IOUES CCM"ANY. ~ II'~SHI~GTOO COOPOIlAT<(];j. '0 S( T;j( ~EE AND VOWNTARy ACT OF SUi:l-1 P~RT' rOR THE Uo;fS AND "URPOSfS "(NnoN£D ,,~ 'liE IN$TJ>I.)M(tH SIGtlAT'JRE OF NOT'J1Y PLJ81,e _____________________ _ "ltE __________________ _ ,., APPOlHfloOlNI l~FIR[S .. _ .. _________ _ STATE OF" WASHiNG~ ~~TY<)F" _____ _ I ctl!TFY THH I "'NOW OR H~VE SATISfACTOR~ E"IOENCE lHAT _ AND SlGNEIJ THIS INSTRlJ~ENT. ON OATH STATED ll-lAT THEY _ AUTHORIZED m EXl;CUTE lllE INSTRUMENT .<NO ACI(NOl\lED~D IT AS Tt,E; F1.I!ST HOIliZOtl HOldE LOA~ CORPOOAliotI, :~A.'~""aw._.,.","~". ,rr'"'""rn.,cn""",,",,ilf. \la.UNTARY ACT or SUCH PART>" ,OR lll, USES AND PURPOSES ~EtlTIO'NED IN TH£ INSTRI.o.<E;"' o'nn' ________________________ __ SlGN~TIJRE CF NOTARY PUIlUC m MY APPOI~lIoIENr EXPIRES ________ _ ACCESS EASEMENT MTtlESSETll TllM SAIO GRANTOR(S). FOR VAWAllI..E COHSUlEJlA.lION, RECEIPT Of ~IC~ IS HcR£SY AOINO'M.£OGED. IfEREBY GR,l,NT"5 ,l,ND CONVEYS AN ACCESS ~T OVE~, ACROSS. AND 0""ON TrE ~RI"Al, OIMENAGE EJlSEWEHT"5 SHO<l'l ON Tl-ff FAe!' or THIS PLAT. PER AN ENGI~URING PlAN APP%VD 3" '1-0 ,::',y Of RENTON. /l MUNICIPAUTY CORPORATION Of XING CWNTi', FOR 'Tlt£ PRQJ;CT K~OlhN AS $~' CPi:~" FOP 'H, CiTY Of FlENI"Otl AS GIl:AII1TI. TO ENTER UPON SAID EASEltlENT(S) FOR 1'>IE F'(JRPOSE or Cll'S",',~~G ,~,) INSP[CnNG T\jE FACIunES TO ASSURE T>lAT 1I-<E O\\!'lrR(S), T\j1)R sucerSSORS A~O ASSIGNS, AH, f'n)p~"LY OPER~TlN~ I-HD I.IAI~IAlNING THE ORAINAGE FACIUTlfS PURSlJAN"l m T>lE A.OO1iE REfERENCED ~"A" ~N\l CONfA'NED '/llTIilN SAID EASEI.IENT AAEA(S~ lI€ COVENANTS HEl!£iN COtHAlNfD SHAll RUN "Milt !HE LAND AND ARt IliNOING UPON llif GR~NIOI 1"1, .1- HElRS, AND I\lL SUBSEauENliAL OI'<Ne:R(S) lllEREOf, FORtI£;!. RESTRICTIONS NO lOT OR F'ORllOH or A LOT IN TI~S PlAT SHALL BE OIViOCO AND SOi.O OR R~SOI..O OR C""'cRSHIP CH~NCW OR TRANSf"EIIl!E:O 'MlEREIIY T\jE OlhNERS/JIP Of ANY PORliOtl Of THIS pt~l StlN.L BE' LESS ThAN THo ARt~ ""~Li"EO fOR mE USE OISlRICT IN IItIICH LOCAITll. OF" RENTON,,: FILE NO. '""2··''''A,. "" K"'E.,d,W~_ 425.e21,644<! .~, 62, "'., ... &>a,.Baor"'" ..... """"'''''''....",,- APPROVALS CITY OF RENTON APPROVALS aT>" Of RE'ITON PLANNINC I 8UIUl'NC / PU6I.1C VIORKS O{PAAlIoI~r tXA~INF;(J AND API'ROVW THIS _ OAY Of ___ • 2001. AIlNINISTRA TOR CITY OF FENTON [XA.U~[O AND APPROI'EO 1I-41S _ OAY Of ___ .2007 CITY OF FENTON RNANCE DflECTOR'S CEH I ACAlE I He:REBY CfRTlfY mAT THEft( AAE NO OCLINOIJENT SPEaN. ASSE:SSI.IENTS AND 1I-4AT ..... L sPECIAL ASSE"SSMENTS CORTlflED TO mE CITY TIlEA9JRER FOR COlllCTlOO ON ANY PROPERT>" HEREON CONT .... NEO DEDICATED rOR STREETS, A.llEY"5 OO! OTHER PUI3l.IC U5£S ARE PAID IN fUll THIS _ DAY OF , ?OO7 FINANCE: DIReCTOR KING COUNTY RNANCE DIVISION CEHTFlCAlE I HoREBY CERTIfY mAT AU PRCl'FRTi' TAXeS J!.R[ PAID, lllERE A~ NO O£UNOUENT Sf'ECIN. ASSE:SSMENTS CrRTlm;o TO 1I-<IS orner FOR COUEClI(lN /.NO TlMT ALL SPECIAL ASse:SS~WTS Cr;RlII'I£O TO THiS CIo"fICE fOR CCUECncr. ON A~Y at TIfE PROPERTY HEREIN COIIIT .... N(O. DWCATW AS STR(Us. AI.L.EYS 00 OTHER "iJI3L'C USE AAt PAID IN fUlL 2007. D,PL';Y ---------- DEPARTMENT OF ASScSSI !CNTS ~007 COVENANTS SEE DECLARATION or PROTEeTlI'E OOVENI>NTS fOR SHY CREEK AS RECOfroED UNOER RECORrnNG NO RECOIIDS Of KI~G COUNTY. WA!ilINGTOH JIll LOTS AND TIIACTS IIIITHIII THIS PLAT ARE SlJB.ECT TO T\jE SHY CREF:K CCM~UNITY ORGANIZATION ESTABUSf£O IN ACCOROANCE: "/11TH WASI"IIN-GTOI"-I STATE LAW WHICH IOENlIl'I£S EAO< LOT OF" llllS PLAT AS A ~E~8E:R OF SAlD SHY CRt:E~ COMr.liNITr ORGANrZATlOfi ~ECORDED UNDER RECORDI~O NO RECOROS OF KiNe COUNTY, "ASHINCTOtI. D(ClARA TlON Of COVENANT RECORDING CERTIFICATE Fll[O FOR RECORD AT THE REOOEST ~ THE CITY OF RUHON ~S __ OAY Of VOtuNE--_-==-,Or~"rs;Tp,i:.G[-('-,-~ItruTES PAST _------"'. AN~~~R~0I<~G dJUNTY. W~SHIH(lcTOt< DIVISION OF RE:CORIlS AND ELECTlONS SUPERIN'IENOENT Of RECOI!OS PORl'ION IJf THE SOUTHI'CST QUARTrR 01' 11-<~ HOR1HE,';ST OUJUlT£R OF SE:CTION 1~ TOIItI$HIP' 2J NORT\j. RAN~ 5 EAST. \!!LLAIoIETTt: I>I<RIOIAN. IN CIT>" ~ R£NTON. KING' COI.lNrr. 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I~ II : J 1 ~ ~I 1 ; I 'I ! ~i ~ ! 1 1 1 1 I 1 , , ,w .. ,~ "I , I I , , J . """ ·l "J5 .. ~ I I , I , ~ SCALE: 1w = 60' fir -if ,. , 1 = -. ~ . ..,~. -",."'" , ,"", .. , '''''',J',~'''''A'·f. .. ,.~\ .. -..~,\,.. .... _",,,, .• ,",,,, ... __ ·o .. .,.,'> • i 1;1 • • '" 'f i:l iil co --: ... I. I: 'I I , I I ~-_J.---~--i I 11!m!rr"i" r~:(·.': .. :;_ h"-i ' 1~-'J--1 ~-=r-~i -~l-'~'-il (;IYV m: R>o"rn" .. -.: , , .~ r- .~ , , , " -+i--; ... U--~ ; j-----, ! !! -j , :' r-----,. ~=J • 0 • -< 0 Z • 0 • Z m -: • • m ;; ~ z 0 • m ; • m -: • • m p !" -< ~ ~ ~ ~ z • -, ~ ~~ m '. ~ ~~ ~ ~ ~ ,---: ·t, [-~;~~~ ~~ r2r J" NEIGHBORHOOD DETAIL MAP IIIII1 \'(1 CONNER HOMES COMPANY SHY CREEK I ~,11 ~ w.r.--.nrnll G e I~- ~ III ~ tjl 10 14 ,,,,- ~,,-~.:~~, ~"'~.". ',_ ~-oC"",_-~ 0.. ..... ,-".:. •• -" .F"'" ",~", O<;-·"""~.-."D~--.."" ""~ __ " __ CC'"","""-'''' PORTIONS OF HE 1/4 , SE 1(4 AND SE 1/4, SE 1/4 SEC. 15, TWP. 23 N .. RGE. 5 E., W.M. 22 I~ •• ~ ..... ~ ·'1' '16 4 '. ---~'.': ._. --.-" -OO"'~"'-7' ...... ~_" -~~ ~'V... ",.."" ~JLL ..e. ,,~,C~'~ ,,,., ~"'" '" ~,;c ..,_~'<> _C'~~'<" "''''_ .>-E'<E -..c-'" '-<'4 ~.-.... ""--_~ ._'''''',~''_'.''O., ... 23 17 SHY CREEK LANDSCAPE PLAN 1"~ 55 56 57 58 59 48" 1..:1.' 47 45 44 39 24 2S 26 27 """ D . oposl""" 20 21 /8 19 3 34 ----..~=- PLAN LEGEND _ ~." .. N~.~_~ .. --~, ",..,. __ ~'_"'_T-" _..,,~~.' ",~ .. "'" ~",., ,~ "" ~-,,~-C' .• _~~.,. ~~-_ ,& ~'" ~,&-.:>.<O!< ... ',. =-"'E't.,. .-.... -__ •• -: "'~ .... -.,,"" co ...... ,~-"-C __ .H~L_u:' -'"""".T .... _ ...... ~~""_=_"li~ =,.",.~?-_'.~ .. ~"'" c<' *CO""'-'" -""" •• _ ....... "" c.~-.""''' ~7'!; ':'':~'.~~~~~ .. ;5;/;;:.;i'..: .... :;-'.'c'~ ::~"~.::, ~"'"E~ ""'~T """. I .,.,,~-,,,".' A ... ""_'O,·,..~ ... ,~~ • .,.,,~ ... .:.'A' ....... ~T. 'e"," , .IT" -L=~"""' ..... CO' -0 -~., '.0-"',_'0' ......--.. <>' ~" •• " """ •• ..,~-~ "'""~.D e~"~ ~ "~~. ,O~_"O"" "" T_""'E " ...... ,.' ',roo," "" ,-... ,' ' ...... _',e -,",,'", c=.:.-c-., '""","-o.~ _.." 'k:"" 0' _' Cc." ..... '·'.D ~,' ~~~ ,-~. "","_ ",,~, ... HF'.~~ .,~ ~L"" .:..w :,~:Sfr:';;:~7--::,:ri~1~:~~i.;:~~~::-;"~- ... <='"""'~ _,~ _"'_".~ __ ,,", •• 'M.'_"=<=-'='~'""'""''~_C'~~""'A~~ ._,;,"f-! """"-'"'C ~LI"""."C< '''''.~ .... "' __ ~ -.., ,,0," '" ~O·.:o -, ~ '0 43 40 41 ~~-~ SCALE; 1· ~ 50' SHEET INDEX -" , ~ " ;" :,~ If ..... ,~ I,u r ~ :' , LI LZ L3 L4 Cover sheet & street tree planting plan " L6 L7 L.8 -Lli l12 L13 Optn space & recreation tracts planting plan Storm water pond planting plan Site details. Plant list Planting notes and detaIls Tree retention plan Irrigation Plan Irrigation details Irrigation notes /T.RlNd -----""------_ .... I , ! • >1 < : ~ ~ ~ > H~ < ~ii ~ttl ~~ -. ~' ~O <, ~~ 0 ~). <, ':x: ~!:"!. '-~CI) ~ 0 ~ -< ~ 0 C , 1;,_, __ ~~~_ j~J;L .. jlJ--j-!-k: :--:'i-),' fft\\'.I',\ti" ' i!Wli~,~I!: OI'l!\\m!o" ~;Jfi1tIM :;: ~"'::~ ,~:;'Y':;.t" ,lNAL ~ . ~W;,;f,}~" -, ,.",,'r.pJ~%i 03-185 L1,,13 rou~o 3~J CONCRETE IoIONUWENT W/ ~ ~~~~~/·ta~~~£ PUNCH . (12/27/00) CITY FILE 1'1". FPXX-XXXXX SHY CREEK POR NE 1/4 , SEC 15, TWP 23 N, AGE 5 E, WM. CITY OF RENTON, KING COUNTY, WASHINGTON I 1 SHY CREEK POR NE 1/4, SEC 15, lWP 23 N, AGE 5 E, W.M. CITY OF RENTON, KING COUNTY, WASHINGTON HOQUIAM AVENUE SE ___ '_Jleo!~' __ _ SCALE: 1" = 40' • • 86$IS Cf" BEARING NA., a3j91 Clli' OF RENJUN o.IONUIooIENTS C.O.R.fl85' (S.o.SE POINT) AI,l.' C_o.~",e52. KOLDINC ... B<: ..... 'NG OF S86-z2'22"E f1IOU C.O R.o' '0 TO COR.,'852 ~ ~ ~ 0 ~ I @PlJ6l.lC ~TIUPf EASEWEt/T @PRlVATE SToolO OOAlN EASEMENT @PRiVA'Tt ",.o.Tt:R liNE: EASEo.!ENT @l.AHOSCI<PE EAs:e:".E:NT <yPRIVATE ACCESS EAS[lIOIT nl g:o;" ~8~ ./ / ~---.. • , ~01 .~ ,N ,-, _'L_ 8. ____ NOO"':"B'4~,,!: __ _ S55,5 ---MO;a'~r:: --- HOQUIAM PLACE --~.,,~~--~--~~~=-- " " I. ~ Ii ~ I~ L il , ,~ .1 ~ 'I~ E~ ~1! ,m g ~J , 0 g ',g '? ~ ~~&---.l ___ 1 1.-T ~ -~ , " .m ,~ ;~ • , , " JERICHO' AVENUE SE HOQUIAM A VENUE SE SHY CREEK POA NE 1/4 , SEC 15, TWP 23 N, AGE 5 E. W M- CITY OF RENTON, KING COUNTY, WASHINGTON HOQUIAM A VENUE NE ~--~--~-----0>---''''"' ---~OO1lr4n 3!'j!..7J'_ -------+-\ ---- HoaUIAM PLACE SE ---~ ----"00,""' ----1~---- JERICHO A VENUE SE CITY FPXX...:.XXXXX 1,--- ---~- ~_~ ____ Nco2B'~ _ 5365~' HOQUIAM PLACE NE -r ------;.;oo,S'47't------ . -/---~ ! ~-- --"--j-~--- r--(@ I I ~ SCALE: 1M = 40' BASIS Of REARING NAC S,";j$1 i cln OF R(NTOI< o,IONIJN£tHS C,O.R.,1851 (BASE PQjNT) AND C,Q.R.11852. HCUlING A m:A~NG OF S6S'Z!"22"E FRDI.I C.O,R."s:;! TO C OX,1852 @PIJ6LICU nLITY£ASEMENT @PRIVAT( ST(RI.I ORMI EASE!.!£NT @PRIVAT( WATER UNE EAS£ ... ENT @l.I.ND5CIV'~ EASOI£NT ®PRIIIUI' ACCESS EASENENT ------ -------O;-;Ji"" ---r~-:'=-:::-:::-:::-:;-::"::'';:::::=------'-=======-T--:::'' JERICHO A VENUE NE 1211211sw.Aw""- _,WA~ 425.82.1.8448 GM21.JoN!llIu 1I(n.au.l1W5td1_ - JOB NO. 03-185- SHEET 5 OF 6 ~~~ CITY OF ,RENTON· FlLE NO, F.PXX-X-XXXX SHY CREEK POR NE 1/4 , SEC 15, TWP 23 N. AGE 5 E, WM. CITY OF RENTON, KING COUNTY, WASHINGTON I HOQUIAM AVENUE HE HoaUIA~ fLAC! NE ,7S.;oc JERICHO AVENUE NE J -~- z m '" ei "' ;l m m ... 1\ SCALE: 1" = 40' • BASIS Of REARING 14<0 63/9' (lTY OF" RENTON 1I.ON:.o~[NTS C,QR.flB51 {BASE P~NT) ~NQ C.C,R.fl552. HOLDING A BEARING OF SS8'22'22·E "RrM C.C,R.fle~, TO C.Q,R."SS2. @pu.uc UnllTY EA:X:"'ENT @PRIVAIE STORr,( DRAIN EASEMENT @PRIVATE W~~ER LINE EASEMENT (IIJLA~QSCAPEc H"I/[" (~)?:WATE AcctS$ EA$E~[t.JT ~'''''' ,'<-, """""""~,,-,, ,., ,'1, ." l!l ,_,,1 li "'~ n: Il~ , ~ , . r,r ." ~ Ii 'I'~ !ii ~~ • (, ~~ ~~ ~ , ~ ~~ " i ~ ,: f.~ ~ • ~~ " , ~~ ~~ .. " l!l f' ~~ " ~! n: 'j ~ !~ .. ~~ .. ~~ <§ ~~ <:: ., ,,~ , , ~ "f, n: " ~ '" .. " ">-,-.,-, ,',<,-, ". i\,,'1 ~",:, ~ , ~ • ~ ~ II' !I III ~ I~ d :1 jl,,! I: ,I "~,I / , !/ I --:-:::z;;- ; .. -~',~~-./,--"-.,\~ , ...I)) _ .'-.J"::-"-".:;::-_,...:--,_c '. ____ ~L -:-::: 1;':-~{-;r' ;_/!'"'>"'-~" -</ ',:,. , , OPFI>/ SAPC£ AND RECREA Tlom TRACT PLANTING PLAN CONNER HOMES COMPANY SHY CREEK ill III , . ,'-"'.-;,--1:-+ ,II f ! I I 1 I I"~ ~ -" =: " z 00 o • z m 00 m , 00 m o " w z • o • • • • " I '~ ·1·' ', .. 'j J~.'_ '~ ~ , SE 2ND PLACE DO .. ·.D:.·.·.··.·· c, .,' 4 ~ ~ STORM WATER POND PLANTING PLAN ~ONNER HOMES COMPANY SHY CREEK , , ~ .. /I,"'''''''''TnN • N rn 0 ! ~ ," l=:f i 3 • ~ II! iI!! \?'~/ nil ' I : , o • ~ a z • o , z " (') 1, ,j ;':. :,~ -f II!II i h IIII i I!I ! , I Iii! 1111. i:1 I 1 1:;;_" ':::1 il t ! '" '::1 II' !I ~',I II :~-- " ! ;"t " '1-' rtlJ, ' ! __ J~~ ! I ,I I{" I ,,, .,' it,~ "' !"" " , , , it \:!:'" >: . ~,~ \\ ~,J=:;:=:~I_!'; ,I' 9,}' '}" ':; ~:1'~ ~~ H,~ ,;;~ ',I, 0'"~ I, ~'i 1::,1 " ~" i~ I SITE DETAil S GONNER HOMES COMPANY SHY CREEK , o • " o z " o • z m • • > z c " m • ~ o " " • • o m • m • • <'" "" ,~-"-,,,. ",-, ;'h'~."~",e:''''\'''''''·\·'''''-''"'~ __ ''' ,,', '.'''"1 ,_,., ,-"" r-C ", .. :'I~ .. ", fl 11 " q~ ~~ ~ n I~ I~ LJ , ft~ 1m !': ~,: ,. r p ~ , ~ I 0 0 Q , '" c , , , , , "g ! g~ !i "M <1" ~~ l ., t," '" ~: ;;6 ., i;~ ~ <~ ",n '. ., ~~ 5~ ~~ ~~ ~5 ~~ " <!~ ., ;g ~H ';" 8' \ ~!; ~H .~ \': ; .~~ ~ f. 0" ~<> i' PLANT LIST CONNER HOMES COMPANY SHY CREEK ~I~I!~ 0i' ,:I?i ~Ir! .... ;I~II~ m ~j " >, i i!: I I, .II ~ 0 M'I ~ ~II ~ <5 z 0 0 :n ~ i~l: z I~!I m • • i~ i m , il~ I • • ~'. z i~; 0 , I • !~ m '> ~ ~ , • ~ m ~ • ~ m n " • " , " ,,~ l r:, i-~' !, g '" )1 ,J ! ~~ i i~ f,j , ~f' -lI;i ~ *~ " j ~~ ~ l ~I ." ~Ii ~ • ~i: , " " I§', , O!I • :::;il n ~II m • iii m • ~ , " 0 ;;: , , " ~ l' I 0 ~ • ~ 0 G • " , " • 6',0, ~ • ~ :; • 0"0 • ~ " • ~ • • ".~ ~ ~~ ,! ~ I '~r 0 " ~ ~l ~ I dl , ~' Q ~'; {." J " ~ ~~ ~ ~ ~ ~ ~ , • ", " '; ~ ~ ; ~~ I ,..;" ~ "I J, , .'j_"L l'~ ',"; I i ~ ,~~ WI ~;q .'; " ~ Q • " 0 Q ~ ~ • I ;;: m~~ ~ Q :i:"t , , ',.~ • .1 ,ll:, " ".~. ' i ! ,', :, ~ .. " " -',1 ;:, 1 H l~ P jl:' !" , , ~ , ! ,0 : ~ H J~ i~ '1 d q I ~ ~ p " " H ;i : ~ d i' ; 'ii' ~: f ~ ~: t~ ;;1 , ':, ~ a .j 1 ; ~ "~ ,J ~£ H , " , i~ ~ ~ ~a 1 'I 01 ,1 , i', l~ !" t~ ~ ~ \ ~ ~ ~ " I J 1 HI I ~~ ! I " ~,~ , 1 i [ H~ , , ! ! '1 H F~ , t!~ i' ~ ~ , !! 1 ' ~ ! ;0 ,~ 'J." 1~ ~~ , ~,~ j~ ~ ~ : i , ~ 1· 0", , , , PLANTING NOTES AND DETAILS CONNER HOMES COMPANY SHY CREEK I:J ~ ~ i : ~ ~ ~ ~ ~ ~ ~' , ~ ~ ~H ~ > i Hl ~. ; t. • H i ~ ~ .~ ~ ~ ~ ~ " 'I ~ ~ I> H~ l' l'i l §i n H~ 1.,\ ,,, ,j'! H !, ;e: ~~ ;,1 l~ " " H;ii HH~ .,] ~~ ~ i 1 ~d: .~ 3 "j l:H r:; jjjl ~ \i ~ '; I <, !' ~ n .. , <; ~ ~ ~ ; ~ii .' , ,'0 ~,,~ ~ ;" q " 0' ~ ~ ::-.~ ~ ~ ~ ,j ;; , ~ ~ ~ ~ ~~ ~ , i~ , , r~. ."'-, , II ~.~ , ~~~~J~i m!m '" i a" ~ ~ ~ i::~,~~ ~:rd ~~ H~ii1 .~~~* t ·~~V ~ ,:lJ' i ~ ~ d~ ~ !~ ! ~ • I • ~ " • Q ~ ill·' \ , > • Q • " " z • a ~ z m • m o • • I III!! \-;--§""" .. I . WA.<:h',Alf.:T<»( : ."A,,-,_ '~. _ " . ",,"_'_'_!_"""','" r~ .. '_,.,.,~¥" SE :::ND PLACE f$i ,,l -' ~ ~:;; ~ .. -'I; ~ l ~ ~ " ~ ~~ 0 , , i;; I' , ~~ ~ ! ! 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"~'t , , ,,, :;~ , , ''',. , :~:i , ~~~. ~~ IRRIGATION NOTES rONNFR HOMES COMPANY SHY CREEK , o • " is % 00 o , % m • 00 m > ~ • m • 00 m o " o % • o m 00 m ! ! j i ~",..--.~.,~ """~ -., ''*'' [\"""""."",,,,~,_'.r'~" 'CJ'M_,<o<n..., ""'" OJ· .. ·.., I : I linn .-:--II I ~L ~ ....... ~_ r-"I"e '!6jI:! · ~I~:~"='--~ ':' 'I"~" .' ~ <: S I ~~"~ tt '" -- .. IRRIGATION NOTES 11i"! 'if CONNER HOMES COMPANY SHY CREEK "II ' I : WASHINGrON CITY OF RENTON. l '.' 0 :;,., , , , ~ I ! ! ! ,\ f , ? , ! , ! f I:' ~ t , , ~ ~ $: C! ~ -, , " r Qffi ~? ~{g ,,,,"-.. [~ ~ q, ':~'l :,t 1'1, lill'I'I~ , ~ ~ ~ 0~ ~ !~ , ~d o~ , ; " t:Jg~ ~a§ ,~ ~~ ;;;t Q~ ~~ "' " !'1 ~> , < ~ ! ~ ~ ~ " G ~ ji ! [" ;~ 1:1 ~ , , , , , ~ 0 ~ ! ! ~ , ! i B SHY CREEK FINAL MITIGA TlON PLAN· CONCEPT -------._--------~-----.-. I ~1' 'I' ~, I': , , ~I ,i " ~i l if L. ~ , ~ ~ ~ ~ , , • ! m ~ SHY CREEK MITIGATION PLAN· PLANTING I : I , , , I --l I ®®00®0@ 8 " a: ?i "' ,," ,. ~ I~ , i.~ ~i~ ~ I'::::! Ii; Ii: :i;! JIll , I~ l"l P I ,11 ') , ! I ! ---------------, j- , I ~ I SHY CREEK R V Sf MITIGA nON PLAN -DETAILS , , !~, :UP , ~ ~ ~-~ .I/'1 _ i ~ ! w HH , ~ H' i ~ ! ~\ ~ ,-1"~~ ! ~ r 'i!, ~ . ~F~ I !1 H{~ ! ~~ : '''I i ~ ! I-H~ jL ilU 'I'r ~~' ~ c pl, ;a: ,<"'l ., , HH ~, : ~~'-t i t. ~ : '<: ~-~~"' pi. 'HI -~ ;.- iii l>; H[ n , ----L~:...-I: :..:.~ l.:..:t~~~l..L.-___ F:_lNA_L_M_S~_jGA_7_1G\_~ w:s_~_1 [-J I ~~='---I November 5, 2007 Separate Consideration Item 9.i. Fire: Assistant Fire Marshal Hire at Step D UNFINISHED BUSINESS Committee of the Whole Annexation: Benson Hill Communities, S 200th St & 128th Ave SE Utilities Committee Utility: Oversizing Reimbursement for Sanitary Sewer Lift Station, Shy Creek Plat, Conner Homes Transportation (Aviation) Committee Airport: Layout Plan Update Finance Committee Finance: Vouchers Renton City Council Minutes Page 385 Fire Department requested authorization to fill the Assistant Fire Marshal position at Step D of the salary range. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL REFER THIS ITEM TO THE FINANCE COMMITTEE. CARRIED. Council President Nelson presented a Committee ofthe Whole report recommending concurrence in the staff recommendation to accept the negotiated terms of the Benson Hill Communities Annexation interlocal agreement and authorize the Mayor and City Clerk to execute an interlocal agreement with King County. The Committee further recommended that the City Council accept the proposed technical amendments to Section 4.a. ofthe 10/22/2007 version, clarifying the timing of payment, and incorporate those changes in the City's approved version of the agreement. MOVED BY NELSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 386 for resolution.) Utilities Committee Chair Clawson presented a report regarding the request by Conner Homes (John R. "Barney" Skochdopole) for cost reimbursement for oversizing a sanitary sewer lift station. The Committee recommended concurrence in the staff recommendation to approve the request for oversizing, utilizing the method of cost reimbursement developed jointly by staff and the developer for the additional work associated with wastewater improvements at the plat of Shy Creek by Conner Homes. The Committee further recommended that staff be authorized to reimburse Conner Homes for actual costs not to exceed the requested $259,944. Costs in excess of the requested amount shall be brought back to Council for its approval. The Committee also recommended that $190,000 from the Stonegate II account be transferred to the Oversizing account to provide sufficient funding for the oversizing request. MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Committee Chair Palmer presented a report regarding the withdrawal of consideration for a corporate jet center at the Renton Municipal Airport. The Committee recommended that tbe corporate jet center concept be removed from further consideration in the Airport Layout Plan (ALP) because of City Council revisions earlier this year to the Airport Development Policies and hecause of the pending proposal from The Boeing Company to lease a bigger part of the airport than previously assumed in the ALP. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT.' In response to Councilmember Clawson's inquiry, Councilmember Palmer explained that an Airport Layout Plan has not yet been approved and the consultant will be directed to present new proposals. She stated that business jets at the airport will continue; however, the City will not be looking for a company to build a new business that would feature or try to attract a large numher of business jets. 'MOTION CARRIED. Finance Committee Chair Persson presented a report recommending approval of Claim Vouchers 265554 -.265982 and one wire transfer totaling $2,880,820.76. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. • A!"PROVED BY cl· CiTY COUNCIL ., , UTILITIES COMMITTEE COMMITTEE REPORT Date /1-0..,).007'. November 5, 2007 . Conner Homes Request for Oversizing Plat of Shy Creek (Referred October 22, 2007) The Utilities Committee recommends concurrence in the staffrecommendation to approve the request for oversizing utilizing the method of cost reimbursement developed jointly by the staff and the developer for the additional work associated with wastewater improvements at the Plat of Shy Creek by Conner Homes. The Committee further recommends that the staff be authorized to reimburse Conner Homes for actual costs not to exceed· the requested $259,944. Costs in excess. of the requested amount shall be brought back to Council for its approval . . The Committee also recommends that $190,000 from the Stonegate II account be transferred to the Oversizing account to provide sufficient funding for the oversizing request. Dan Clawson, Chair Terri Briere, Vice Chair ·.~·cJ.·~ . • Denis W. Law, Member cc: Mike Bailey, FIS Administrator Lys Hornsby, Utility SystemS Director Dave Christensen, Wastewater Utility Supervisor Nenita Ching, PBPW Financial Analyst DATE: TO: FROM: STAFF CONTACT: SUBJECT: ISSUE: flh/,ht5 --./,~ /1/ tj //-00, PLANNINGIBUILDINGI PUBLIC WORKS DEPARTMENT MEMORANDUM October 26, 2007 ReCEived Dan Clawson, Committee Chair Members of the Utilities Committee Gregg Zimmermalf ~inistrator NOV 0 1 lon7 RENTON Ory COUNcil Dave Christensen, Wastewater Utility Supervisor (ext. 7212) CIty OF RENTON Conner Homes Request for Oversizing Plat of Shy Creek DEC H 3 2007 RECEIVED CITY CLERK'S OFFIet Should the Council approve an oversizing request made by Conner Homes, in the estimated total amount of $259,994, for wastewater improvements associated with its development of the Shy Creek Plat? RECOMMENDA nON: • Approve the request for oversizing utilizing the method of cost reimbursement developed jointly by the staff and the developer. • That the amount reimbursed to the developer be based upon actual construction costs, not to exceed $259,994. Costs in excess of the requested amount shall be brought back to Council for its approval. • Approve the transfer of $190,000 from the Stonegate II account to the Oversizing account to provide sufficient funding for the oversizing request. BACKGROUND SUMMARY: Conner Homes is in the process of developing the plat of Shy Creek. This plat is located in the SE 2nd Place and Jericho Avenue SE area of Renton. As part of the development of this plat, a new sewage lift station was needed to provide service. In reviewing the application, staff noted that the location of this development, along SE 2nd Place, was an ideal location for the City to build a regional sewage lift station. Staff worked with Conner Homes to allow for a sewage lift station that not only met the needs of the current development, but also provided the capacity needed to allow for the remainder of the basin to be served by this facility. This substantially increased the size of the wet well, pumps, force main, and other aspects of the station beyond the current needs. Clawson/Shy Creek ConnL mes Oversizing October 26, 2007 Page 2 of2 The total estimated cost of the oversizing is $259,944. While this cost is a relatively significant amount, compared to our estimated costs of over $800,000 if the City was to make these same improvements, it represents a significant value to the ratepayers. Conner Homes is making this request in accordance with Renton City Code 4-6-010C, Oversizing. This code allows developers to be reimbursed for costs associated with the enlargement or addition of utility facilities required by the City's Utility Section. Funding for the requested oversizing request would come from the Wastewater Utility through two CIP line items. The first line item is Oversizing. The budgeted amount for 2007 is $350,000, with $279,000 used for the Wedgewood Lift Station Oversizing previously approved by Council. This leaves a balance of$71,000 that can be utilized by this request. The second line item we are proposing to use would be Stonegate II. The original budget for 2007 is $800,000. We anticipate expenditures not to exceed $500,000 for 2007, leaving enough excess balance for the additional $190,000 needed to cover the oversizing request. As the timing of the Stonegate II project needs to be adjusted such that construction occurs into 2009, we are recommending that we re-allocate the $190,000 as part of the 2009 budget process. The account number for Oversizing is 426/45000 and the work order number is 426/45330. The account number for Stonegate II is 426/45010 and the work order number is 426/45465. CONCLUSION: The development of the Shy Creek Plat by Conner Homes has allowed the Wastewater Utility the opportunity to partner with the developer to provide for regional facilities to meet the long-term needs within this basin at a significant cost savings to our ratepayers. The developer is in the process of installing all of the requested facilities to accommodate this need. The costs presented by the developer are reasonable, and final payment, if authorized by Council, will be based upon the actual final construction costs. cc: Kathy Keolker, Mayor Members of the Renton City Council Mike Bailey, FIS Administrator Lys Hornsby, Utility Systems Director Nenita Ching, PBPW Financial Analyst File H:\Fiie SyslWWP -WasteWaterIWWP-03-0000 Correspondence -WastewaterldaveclShy Creek Conner Homes Oversizing.doclDMCtp " , DRAFT UTILITIES COMMITTEE COMMITTEE REPORT November 5, 2007 Conner Homes Request for Oversizing Plat of Shy Creek (October 22,2007) The Utilities Committee recommends concurrence in the staff recommendation to approve the request for oversizing utilizing the method of cost reimbursement developed jointly by the staff and the developer for the additional work associated with wastewater improvements at the Plat of Shy Creek by Conner Homes. The Committee further recommends that tbe staff be authorized to reimburse Conner Homes for actual costs not to exceed the requested $259,944. Costs in excess of the requested amount shall be brought back to Council fur its approval. The Committee also recommends that $1 <)0.000 from the Stonegate II account be transferred to the Oversizing account to provide suHicicnt funding for the oversizing request. Dan Clawson, Chair Terri Briere, Vice Chair Denis W. Law, Member cc: Mike Bailey, FIS Administrator Lys Hornsby, Utility Systems Director Dave Christensen, Wastewater Utility Supervisor Nenita Ching, PBPW Financial Analysl H:\Filc Sys\WWP -WasteWater\WWP-03-0000 COITI:~p(lIlJI.:IlCC -Wastewater\davec\Shy Creek Conner Homes Ovcrsizing Com Rcport.doc\DMCtp , "." " ," DEDlCA~/·' ACKNOWLEDGMENTS """'" SHY CREEK POR NE 1/4, SEC 15, 1WP 23 N, AGE 5 E, W.M CITY OF RENTON, KING COUNTY, WASHINGTON .. "' .... ,,. APPROVALS aTY OF RBmJN APPROVALS COVENANTS SEE: Ora.AR ... TlQN Of" PROrrCTlII!" OOII!"N.t.NTS Fill SliT CHEEK "'s RECOIWEiJ UND£R R£C(fl:tlING NO. RECCRl5 or KING OOUNTY. W"'5H'NCTON 53 oW. LOTS AM) TRACTS YIITHIN THIS f'I..O.1 .IRE 5IJBJECT TO TliE SMV CREEJ( COIoI"'UI'IIIY ORGA~lAllQl; ESTABlISHED ,/" .. ':, ... ,', ..... ,'. ACCESS EASEMENT WITNESSETh THAT SAD GR ...... TOR{S). FOR V .... UABLE CONSIOERAnON. RECEIPT Of M1ICH is ~E,£eY ." "'Cl<~OM.EtlOEO. _BY CRAtlTS AND CCW~ lIN ACC[SS u.sE\IIE/lT OVI:R. ACROSS, MID UPO~ THl ~~w!il, (IR,O,INAC£ E~$(MENTS ~(lMI ON lll[ F"CE Of T!j1S PI,..O.T, P!:R AN ENGlMEEftlNC PlAH IIPP'lC""-';) BY '~E CIT'(· Of ROIT()Ij, A UUNICIPAUTY CORPORATION Of ~NG CDlMN, fOR THE: PI!OJECT K"'O'IIN "'S S-<" CRflK FOR 11<,", CITY Of IIENTOO AS GRMITEE. TO ElfltR lPON SAil EAS(IoIENT(S] FOR TH£ PORI'OSE or OfIS1:~'~NC "'~D IOISI'EC~G M: FACIUlIfS TO .t.5WRI: THAT THE OWNI::K(s), Il1[JR sucttSSMS ...... [1 ASSI!)t.s, AR, P~0PERI y OPiI'I! • ."tKl AND ~""~T"'NI~O IllE OIUlllAG[ rAI;:IUl1£S PURSUANT TO TI1E AtlO1Jt: RV"EROIC,~ Pc!l~ ~~) CCNT.oJNEO WlTHIt! SAIO ( ... SEME.HI otdlE,o,(S). THE CO'>(N"''''rs fl£R€JN CONTAINED SIlALL RUN NTH lHE lAND ANO ARE BlNilINC UPON THE CRAN!OR(S) IlS HEIRS, AHO All ~B2DUUm.o.L O'IINlH(S) THElIEOf'. FORE\i!'A RESTFIICTlONS NO LOT OR FORnON Of" A LOT IN nilS PLAT SHALL BE DI...,ot:c;. AND SOlD OR RE50..0 OR 01.t>lE'S~I? C>l~N~D OR TRAIISFEAAEO ~E~EBY lHE ~ERSHIP Of' .t.NY POR"l1ON Of' rns l'I.~r SHoW. BE U:SS 'rHAN 'rHE A~"A REQUil<EO FOR llIE USE DISTRICT IN ~ICH LOC ... TEIl. CITY OF RENTON FILE NO. LUA-07·-O()2-·'" ""'''.,h ........ """"",WAIIIlO3<_ ~25H21 844fI ~~5 !l' '"'"""I r.. Il00'''0''"'''_ ,....... ........ """"' ~PlEA~~~~,';~'W~~~~~~=~~S~UtK.anJtHt. ~~:O~C~A~H:W COO~'lY, ""'SIi~GlOH. DECLARATION OF COVENANT :~ .: I'QIIllON OF THE SOUlHOIEST QUARTER or THE N(JITH(ASr QUARltII or ': •• SECIIOO ,~ ~IP U NOR'rH. RANCE: S [./loST. \fIUAI,IEm: WERIOI ...... IN orr OF REflIOM. KING COONTY. WI<5IlI~GTON SHY CREEK POR NE 1/4, SEC 15, TWP 23 N, ROE 5 E, WM. CITY OF RENTON, KING COUNTY, WASHINGTON TlIACT 25. 8U1C11 lOA/,I f1~ .... CR£ ';;;'~~;;;:;:~~'~: ••• IN \ICUI~E lZ or PLATS. P,,"CE 101.1]; EXCEPT TKE FOU.~ D£SCRi90 PAR¢(l: BEGI~lHtJ .... T ~E NORTl-£AST CORNER or S>.D TIMeT 25; nIOICE SOUTllEJILY ..... ONG TftE WEST LINE ClI'" 14411-< A..mur SOUn£AST, 5(lIJllE:A$1 CORNER or SAID TRACT z,,; THENCE YI£mRl'r' AlCWG mE sou,.. UtlE Ill' S!IJO TIMeT ":ii;' ~@:fl:~'f' ro lMENCE ~ERLY!lNC PARAllEllUH TIlE IlEST U.E OF" II ~T LYING 14(1.00 FEET S(lUlH 01' 1l<r NORlli UNE OF" S .... D _NCE lIIE51!:RLY I\LONC A LJ>E PAR ...... LEl TO THE NORlH UNE OF DISTANCE OF" 4!.OO FEU; lHENCE NOtrn1EJ1LY AND PARAllEl TO TIlE YlEST UNE OF '''"'rrt AVEH\J[ 5OUlH~ST, A o.stANCE Of 141:1.00 Fa:T TO rrtE NORTH UHE OF S .... O TMACT 25, THENCE E~TERLY IILONG SAlD NORl11 UNE TO 'JJ1E f'OINT Of BEGlNNlNG. [.ll.SO KtlO'/ItI AS It P[fIlIOIl OF" K ... G COJNTY LOT ,tiE oIDJJSTloIENT tlUWBER S9Ql,looa8. i!tcOftlro L.tIOER REo;tROING NlJloIBER ge~u.) ';"', THIS EASEI,jENT AND COIlENIINT IS INilllllW TO ,ACUTAn: REASON.o.IIW: ACC£'S5 F"OR THE Df'£RAT10N, 1oI .... lfIEMAtlCE. REPAIR NlD RECONSTlIUCnON Of" ThE OO .... MMi£ rACUClES. THIS EA5EI.IENT AHO COI'ENAN- ~~LL RUI< IIITH TfIJ: ~ .o.'lO 15 e.~G WOfoI THE OWHE~ Of s .... t:> f'RIVAfE ~ROPorlY. -rnI'lR HOIR5, SlJCCfSSORS At![) 1..SSI~s. .... A I><lIVAli: EASDj£NT ,s >ERe:~'f R'SER'>n) FOR AAD CAAliTED TO ~V(1[T SOUNO <N{RI;Y, awEST. CQ\l~AST. (OTli£R ~R'VATE VTlU~ES). ol'IO 11<E'R RE5PEC11VE su=tJRS I\Ml ASSIGNS UNDER AblO VPON All ~~h'A1E STREETS. -'ll.E'l'WA'rS lIND PRIVATE DRWES AND, 11<E EXTERIOR 10 fElT PNtAllEL WlIl1 ANO oIAQN'N:; 'H STREET fROHTAGE OF /ILL tOTS AND TIiACTS AblD 5.00 fEET PAR~LI.£L WITH ..,.0 IID.JDIN'MC AL1EYWA~S AND PIIIV~TE O_S ElICEPT lHOSE P,f,RTS Of LOTS ~1. ~2 OWl 61 I8JT11JtG NE ltIO SfRI'Ef. 11<OSE PARTS cr TRACT'" LOTS 1 THRooGt< a ANtI 31 ,",~OOGH J~ ABUTTING .£IIICHC ~Y£. SE IE JERICHO ~Y£. NE. A,U TIIDS!:' PAATS OF LOTS 8 ANO t .o.8OTnHO SE ~D Pl../ICE. f\.IRTlfER EASEMENTS ,t,RE RESERY£ll CM:R PRIV~lE l .... OS 0~jT~~~~~~~~=':~f~R~~~T~~E: k~~~1 ~~~~I/~A~.tF~~ ~gE~~y VP TO AH .000111<:""" ~fEET "" 'II'{lTli (FOR ~ TOTAL w.DTli Of 10 FEET) YUH TH( LENCIH Of £ot.Oi VW. T ~ENT EXTEI>IOINC ~ FUT fROI! EACH END OF 'Il1E: foS-SUILT VALl.T(S). 11-IE t./UM9:ER lIND LOCA'lON Of VAIJLT €ASEIoIENTS l\Il!. BE '.os INSTAI..L.ED' DlJRlNC 1l1E V1lUTl"'S INfTlAL INST.oilJ\l1ON OF 'ACLlnES. '4F: Hso,oENTS ARE RE5Ell~ ,I,NO GIINlTEO IN QM)ER TO INST.o.u.. LAY. CI»'I5TRUCT. ~EW. OPERATE: AND "'AI~TAlN UNOER~ROI.IHI) PIPE. ~OU1T. CAIl.E:s, _RES. VMA.TS ...... 0 P'EOCSTALS ~TH NECESSNlY rACIlI1[S AHO OTHER EOIJIPIoIENI FOR "11<E PURPOSf OF 5ER"'N~ lHIS ~OI"'S1ON .o./fO CfIl1ER PROPERTY ~~ f.llt:rRlC, TE:lD'HONE, liAS, TElECOYIIUNlc.o.TlONS. OATA Tl!AASIoIISSIoPt STR£ET LIGHT'S IINO Ul1UlY SEf!WX TOG<lKlH \!11TH THE R1~T TO ENTEII ~~ 111: LgT'S AND "71IACTS AT ""L TIIo(£S FOR ~E PURPOSOS H£RElH S'ATF.:O '>ESE E.<.SEMEliTS ENTE~W UPON fOIl lliESE PURPOSES SHAI..l.. BE R[STORf;Il AS NEAR AS POSSl8Lf TO -"FIR re1G1M"" CONDITION. NO lJNES OR MRES FDR TRANSIiiSSION Of" ElEClRIC aJRR(NT. DR FIlR TElEPKOi'<F. C/oaE ftLE:';ISIOH. TUECOIIIllUMieATIONS OR OATA TRANSIoIISSION USES SHALL BE PI.ACEIl OR PERIIIT1(Q TO 8E F>LACED ... THIN THIS EASENEMT VNI.ESS THE SAME SHIIU. BE UNOERGROlJND. NO PEliMAllENT STRUCTU'U 5HA, I 9£ PLACEO \IITHIN IHE E~SEt.lENTS "'THOUI P~R1ll5Sl0N rROM u.SEILtIT ~EIIS. 5. THE P~YAlt: ~ca:ss /\NO UTIlITY USEIoIENT GRANTEtl OVER AHD \JI>CfI LOT 9 IS FOR THE BENEFIT OF LOT &. LOTS 6 '" 9 SHAll 8E RESPONSIBLE rOR THE II .... NlF\IIANCE. REP .... ~s AND ~ECOt<STRIJcnoo 0'- T"""T PtJR~ OF 1JtE PI'tIV~TE: !iltJ'!M DRAINAGE: SYSlDI, SANITARY SE\\£~ SYSlDI. WA1tll: S't51(J,1, PHO""<E AND I:.lIIl£ N S'fSTEIIS ..... OI«P WITH All M:tI"SS IIIPRO'.'OIOITS USED IN COIIIION. S. T1jE PRlYATr ACCESS J.N[) UTIUTY rAS(l,oEf,T GIIANTEO ()'IER ANO liPON LOTS 12 IE 13 15 ,A! TH, BENEFIT Of" LOTS II '" 12. LOTS 11. 12 '" ,3 SHAll BE RE5f'QNSIIL..E. fOR lHE MAiNTUlAllCE:. RE:f'AI~S ANC I'IrCONSTRUC1lON or "11<AT POliTION or THE PRIVATE STORII ~~GE SYSTEIoI. SANIlAAY st.Wt:~ SYSTEM. WATER n5TEN. ""ON[ ANO r:AIllE TV S"!'5T!:IIS AL<)NC "'TIi .o.u. ACCE:S5 IMPROYEIIENTS USED IN CQ~~QN 1. THE PRiYArr ACCESS .... ~o UllUTY USEIoIENT GRANTEO O\£R AND 'JI>CfI LOT ~ IS ,tJR THE BENEW or LOT 34. LOTS 34 " ~ SHIU BE RESPONSIBLE fOR "11<E IIAI~TE~o\tJCE, ~EPARS ANO RtCONSTRUCTON Of Tl-tl.T PORllON Of" TH£ PRIVAli: Sl(IIlI,I IlR1JNAGE SYSTEW. SANITAAY SE\\£~ SI'5TEIII. WAlEfl S'fS""EV. PHONE AND CAlLE lV SYSTEIIS ALO"C ~ll< IIJ..L ACC£SS _O'<UIEfjTS USE\) IN COIIMON. CITY OF RENTON FILE NO. LUA-07-0Q2-FP / LND-1O-04-45 GENERAL NOTES 'NSTRiJIoIENTATlON FOR TH>S SURVET WAS ~ I IIINVl!: T1iEOIlOI.ITE: ANO Ei.£CTRONIC OISTANC( IlEASiJRIN(l UNIT. PIIQ(:((lUR(S USEO IN THI9 SUR';f:Y 'II£Re: FlEt.O TRA>'ERSE. MEETINC 011 EXCEllIIN~ STANOI<ROS SET !lY WAC .ll2-1:1O-0i<l. <. P~ERTT CORI£RS SHALL B1:: SET AS fOL.LOWS U"L£SS OTHERWISE Sl'EClF1m A) LEAD AND TACKS ~ C(;tICilEfE CURS AT fRONf LOT UNE EInENSION5. B) SET 1/2' ~ l~' REB~R WITH CAP "Ls NO. 19S8/i' AT All FlEAA LOT caIHEI!5. C) ST"MIMRO CITY Of RENTOM MONUIIEHT IN CASIE TO IE = BY WE .os INOICA"ttD. 3. THE STREET TRE:ES SHALl DE C'IIIED ANO WJ.lNTAlI€!) 01' 1)£ UllJTT\NC lOT O'/JIoIEIlS OR THE SHV CREEK COMIIUNITY ORGAtiIlATliJN UN..Ess "11<[ CITY Of" RENltlN HAS ADOPTEO A IIAlNIDoWIC( PROCA,w. 15 THE PRlVAT£ STOR~ ~ACE EASEIIENT WI_ LOT 21 IS FOR THE BENEFIT QF" lOTS 20 AND ro. ll<E (lWNERS Q' LOTS 20. 21 AND 30 SHAll BE f!ESPONSlBi.£ FOR THE IIAlNT£NANCE. REPNFIS MtI RECONSTRUCTICIN or TH"T PORTION OF THE PRlVATE STORM ~~NM:( SYS~ 5ERW.~ LOT'S 20. 21 "".':I 1Il 16. THE F'IIIVATE STOA\I DRMACE EIISOIENT Win. LOTS 22 /\NIl 23 ~ FOR "!HE 9£NEAT 01' LOTS 23 ~D 2 .... THE OMtEllS Cf" LOTS 22 :tjRWGH 24 SltAll BE RlSPClNSl8l£ F"OR 11£ M~NTPlANC(. RFJ'AlRS .oH[l R£CONSTRUCTION Of THAT PORTlCfI Of THE PRIVATE: STORII ORAlN,t,GE SYSTEM SIlI"",C LOTS 22 THROUGH H. :::;:~;;,;,~£:~+;,;~~;~~t;;~;;~;~~~;;:;MO ~.w ~ I~ ElEEN REMCM"D JOB NO, 03-185 SHEET 2 OF 6 ~., ·.,w= UNDER Aur.JlTCR'S " ~I ~I " I e SCALE: 1" = 200' :OUND 3>:3 C(tICRETE ",ONUMENT W/ 3" ElRDNzt elsc W/III'JLTlF'LE pUNCH ... ~~s DO'IW< 1.1' BELOiti' RI~ ('2/27/00) SHY CREEK POR NE 1/4 • SEC 15. lWP 23 N. AGE 5 E. W.M. CITY OF REIIITON. KING COUNTY. WASHINGTON rn ~. IR~~_P!EI FLU!l-I. GNn 0_9'\11 • <_1'~ Ilr P'WF COR (~/22/o.) BASIS if REARING Nol{) &3/91 CiTY Of REN1(W ~U~,~-~ c:.O.R.I1M' (BASE: PO-NT) 1..% C.O.H.,lan HOlDING A nCARING OF S8872'22"E FlIot.I ~.o_q,f,a~l TO C.nA."8~~. .~.621.a.448 '25.1:11.3<11_ 1M.llllln" ...... -- CITY OF RENTON FILE NO. LUA-07-002-FP LND-1O-0445 JOB NO. 03-185 SHEET 3 OF 6 .X>' CITY OF RENTON FILE SHY CREEK . /, ...... . POR NE 1/4 , SEC 15, 1WP 23 N, ROE 5 E, W.M . CITY OF RENTON, KING COUNTY, WASHINGTON "-~----- g ,. .. SCALE: 1" '" 40''' ~i~' iiiiiiii';;;IT ~ BASIS Of BEARING N.o.o 83/91 OTY OF" RfNTON II(NJIIENTS [;'OR.f1851 (ao.sI: PONt) IoNLi C.C.R.II852. ItOLIlIHG A BE ... ~I~(; OF SU'U·u"E FROIo! C.O,R.I'B5' TO C.O.R.I1M2 " ~D) ~ ? AVENUE SE _____ ~JI!,~4_' ___ _ 742.711 ~OO1H·;;;·f-------- JERICHO AVENUE SE 425.621.&443 ~.1$12'.)4"'" 1IOO_.o:/tMloIhI -- LUA-07-002-FP I LND-10-0445 JOB NO. 03-185 SHEET 4 OF 6 ---1i74.~ ~. JM.2Y ---HOO~~4~ - HOaUIAM PLACE --~ ~, SHY CREEK POR NE 1/4 , SEC 15, lWP 23 N, RGE 5 E, WN.. CITY OF RENTON, KING COIJIITY, WASHINGTON \-. .J ____ "_'6.~' __ _ !<l2.JIl' ~-- " ", SCALE: 1" = 40' • • fUSiS Of BEARING N.o.D lUiS! i CITY OF ~[IHON MDNUMEN1'S gg~:~:;. (~~I/I'?:'k~~G Of S88'22'22"l fROU c.D.R.fl8!ll 10 C.O.R.IHI52. @PVElUC UTILITY EASDIE"" @~RIV"'1! 5101!101 DRIIi" EASDlENT ©PRIVATt WAltH lJI,I[ EASOoIEtlT @1 ...... OSCAPEEASEUENT (tIPRIYAT£ ACC(SS tAstMOil _ ...2£!L , -------N0018'~re:- JERICHO A VENUE SE -"-,"-'-' -- --"",~,-r=-=-~-:-:=-~~ JERICHO AVENUE HE I t I ! ~------------------------------------~ CITY OF RENTON FILE NO. LUA-07-Q02-FP / LND-10-0445 -42S..821.84oU1 QiUll.,.!l1 .. 1IOII.41M'Ie& ..... -~ JOB NO. 03-185 SHEET 5 OF 6 '" SHY CREEK POR NE 1/4 , SEC 15, lWP 23 N, RaE 5 E, W.M. CITY OF RENTON, KING COUrolTY, WASHINGTON I AVENUE HE "1,- '. I::;~=-------+= .•• ii;"""--,c; ____ HOClUlAM PLACE NE • ~7e 10' ~ JERICHO AVENUE NE I ---_57~ _ ----4- r-____________________ "_OO_._'_'T~'~~~~~_"_"~'_'-.~~~~ ____ ._.-_.--I CITY OF RENTON FILE NO. LUA-07-002-FP / LND-10-04-45 ;; .,:; :";\~SCALE: 1~ = 40' "AS:=i • • ! BASS; Qf BE WiG . .•• Jt).RRl~!'TE wm~:t.1IE :.~ENT:./ ( .... :z::.:~:~ENT /.: (Hf) PIl~D :~lREEI ~~E'SS '··:·.f 42!;.821.844a !2U;01,J.$II'1a _~l.tIII_ --- JOB NO. 03-185 SHEET S OF 6 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, W A 98057 Please print or type Information WASHINGTON ST ATE RECORDER'S Cover Sheet (RCW 65 04)@ Document Title(s) (or transactions contained therein) (all areas applicable to your document must be filled m) 1. CC.J Il:~ 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page _ of document Grantor(s) (Last name first name, initials) 1. ~Iler bh.'l>e I 2. , . - Additional names on page _ of document. - Grantee(s) (Last name first, then first name and IIl!tials) 1. SA.. 4"./< /faA -------- 2. -r Additional names on page _ of document. Legal description (abbreviated: i.e. lot block. pia! or scction, township, range) Additional legal is on page of document. ------- Assessor's Property Tax Parcel Account Number o Assessor Tax # not yet assigned ----_. The AuditorlRecorder will rely on the information provIded on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein . . . I am requestmg an emergency nonstandard recordmg for an addllional fee as provIded m RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some pare of the text on the original document. ________ Signature of Requesting Party When recorded, return to: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SHY CREEK THIS DECLARATION is made on this ,1J. day of 5rtrI-, 2(1);, by CONNER HOMES COMPANY, a Washington Corporation, referred to herein as "Declarant", which is the owner of certain real property now known as "Shy Creek" situated in the City of Renton, in King County, Washington. The Declarant has created a non-profit corporation known as the Shy Creek Community Organization. The Shy Creek Community Organization (hereafter referred to as "Organization") shall be delegated and assigned the duties and powers of owning, maintaining, and administering any and all Common Areas and related facilities in the Plat, administering and enforcing these covenants, conditions and restrictions, and collecting and disbursing the assessments and charges hereinafter created. The Organization shall also have the right and power to promulgate rules and regulations that may further define and limit permissible uses and activities consistent with the provisions of this Declaration. NOW, THEREFORE, the undersigned hereby covenants, agrees, and declares that all of the Plats as defmed herein and the buildings and structures hereafter constructed thereon are, and will be, held, sold, and conveyed subject to and burdened by the following covenants, conditions, and restrictions, for the purpose of enhancing and protecting the value, desirability, and attractiveness of Shy Creek for the benefit of the Owners thereof, their heirs, successors, grantees, and assigns. ARTICLE 1 -DEFINITIONS Section 1.1: Articles. "Articles" shall refer to the adopted Articles of Incorporation of the Organization as now or hereafter amended. Section 1.2: Board. "Board" shall mean and refer to the board of directors of the Organization established pursuant to the Articles and Bylaws. Page 1 of19 Section 1.3: Bylaws. "Bylaws" shall refer to the adopted Bylaws of the Organization as now or hereafter amended. Section 1.4: Common Areas. "Common Areas" shall mean and refer to all real property that is owned by the Organization, as well as any easements in favor of the Organization. Section 1.5: Committee. "Committee" IS defined as the Architectural Control Committee as provided in Article 6. Section 1.6: Declarant. "Declarant" shall mean and refer to Conner Homes Company, its successors and assigns, if such successors and assigns should acquire all or substantially all of the then undeveloped parcels of the Plats from Declarant for the purpose of development; provided, however, that no successor or assign of Declarant shall have any rights or obligations which are not specifically set forth in the instrument of succession or assignment or other recorded instrument of passed by operation of law. Certain rights and obligations of Declarant, as set forth herein, shall cease at the end of the Development Period. Section 1.7: Declaration. "Declaration" shall mean and refer to this instrument, as the same may be supplemented or amended from time to time. Section 1.8: Development Period. "Development Period" shall mean and refer to that period of time beginning on the date of initial recording of this Declaration and ending whenever any of the following first occurs; (i) 5 years from the date hereof; or (ii) 2 months after title has been transferred to purchasers of Lots representing ninety-five (95%) of the total voting power of all Owners as then constituted; or (iii) written notice from Declarant to the Organization in which Declarant elects to terminate the Development Period. The "Development Period" may be extended for a period of 5 additional years or longer at the sole option of Declarant. Section 1.9. Governing Documents. "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation, the By-Laws of the Organization, and the recorded Plat, as any of the foregoing may be amended from time to time. Section 1.10: Lot. "Lot" shall mean and refer to the lots as shown on the Plats as of the date of this Declaration, as well as any future lots created through subdivision, short subdivision, site plan approval, or any other legal process for dividing land within the Plats. The word "Lot" as used herein excludes any parcel designated as a Tract on the recorded Plats, unless and until that Tract is later legally divided into lots through subdivision, short subdivision, site plan approval, or any other legal process for dividing land. Section 1.11: Mortgage. "Mortgage" shall mean and refer to any recorded mortgage or deed of trust encumbering one or more of the Lots or Living Units. "First Mortgage" shall mean and refer to a Mortgage with priority over other Mortgages. "Mortgagee" shall mean and refer to the holder or beneficiary of any Mortgage and shall not be limited to Institutional Mortgagees. As used herein, the term "Institutional Mortgagees" or "Institutional Holder" shall include banks, trust companies, insurance companies, mortgage companies, mortgage insurance companies, savings and loan associations, trusts, mutual savings banks, credit unions, pension funds, Federal National Mortgage Association ("FNMA"), Federal Home Loan Mortgage Corporation Page 2 of 19 ("FHLMC"), all corporations, and any agency or department of the United States Government or of any state or municipal government. Section 1.12: Native Growth Protection Area. "Native Growth Protection Area" shall mean and refer to an area in a Lot, Tract or Cornmon Area so designated on a final plat, short plat, binding site plan, or other analogous recorded plan or map, in which the removal of trees and significant natural ground cover, as well as the conduct of other activities, is restricted. . Section 1.13: Owner. "Owner" shall mean and refer to the record owner (whether one or more persons or entities) of a fee interest in any Lot but excluding mortgagees or other persons or entities having such interest merely as security for the performance of an obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners and their respective sellers or assignors shall not be deemed Owners. Section 1.14: Plats: "Plats" shall mean and refer to the approved plat of Shy Creek contained therein recorded at Volume 2" 'L , Pages 0.:75 to Of:,;' under King County Recording Number 2007~9() 700 1772 , and other properties, per Section 11.3, if the Declarant amends these CC&Rs with the recording information within the Development Period. Section 1.15: Tract. "Tract" shall mean and refer to those portions of the recorded Plats which are so designated and which are generally held for purposes other than use as lots for construction of a residence. ARTICLE 2 COMMUNITY ORGANIZATION Section 2.1. Description of Organization. The Organization is a non-profit corporation organized and existing under the laws of the State of Washington charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents, as they may be amended from time to time. No Governing Document other than this Declaration shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. Section 2.2. Organization Board of Directors. Declarant shall select an initial Board of Directors of not fewer than 3 persons, who need not be Owners. The initial Board shall have the full authority and all rights, responsibilities, privileges, and duties to manage the Organization under the Governing Documents and shall be subject to all provisions of the Governing Documents. The term of the initial directors of the Board shall expire as set forth in the Articles and Bylaws. The Board shall elect officers of the Organization, which shall include a president who shall preside over meetings of the Board and meetings of the Organization. Section 2.3. Organization Membership. Every Owner shall by reason thereof be a member of the Organization as set forth in the Articles and Bylaws. Section 2.4. Votes Appurtenant to Ownership. Every Owner shall be entitled to vote in accordance with the provisions of the Articles and Bylaws. Section 2.5. Owner's Compliance with Governing Documents. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership Page 3 of19 interest, whether or not it shall be so expressed in any such deed or other instrument, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to observe and comply with all tenus of the Governing Documents of the Organization, and all rules and regulations duly promulgated by the Board. Section 2.6. Rules and Regulations. The Board shall have the power to adopt from time to time and to enforce rules and regulations governing the use of Common Areas and the use and maintenance of Lots and Tracts, in addition to the use restrictions contained in this Declaration and whether or not expressly contemplated herein, provided that such rules and regulations shall not be inconsistent with this Declaration. The rules and regulations may not discriminate among Owners. The Organization may prescribe penalties for the violation of such rules and regulations, including but not limited to suspension of the right to use the Common Areas or portions thereof. Any such rules and regulations shall become effective 30 days after promulgation or amendment and shall be mailed to all Owners within 30 days after promulgation or amendment. A copy of the rules and regulations then in force shall be retained by the secretary of the Organization and shall be available for inspection by any Owner during reasonable business hours. Such rules shall have the same force and effect as if set forth herein. Section 2.7. Architectural Control Committee. The Board shall establish and thereafter continuously maintain an Architectural Control Committee to review and approve or disapprove the details and written plans and specifications of all construction, including initial construction, other than new construction exempt pursuant to Section 5.1(a), additions or exterior alterations to homes and accessory buildings, fences, walls, or other structures and all clearing or excavation of Lots, or cutting oftrees within the Plat, pursuant to Article 6 hereof. The Board shall have the power to adopt from time to time and to enforce guidelines, criteria, and procedures governing the Architectural Control Committee and the Owners' compliance with the provisions of Article 6 hereof. Section 2.8. Additional Committees. The Board of Directors shall have the authority to create, from time to time, additional committees that the Board of Directors, in its sole discretion, detenuines would be useful for the efficient and proper administration of the duties of the Organization. The Board may delegate such functions and duties to such committees as it deems fit, provided that the Board shall retain the ultimate decision making authority on all issues affecting the Organization. ARTICLE 3 -ORGANIZATION BUDGET, ASSESSMENTS, AND LIENS Section 3.1. Owner's Covenant to Pav Assessments. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, whether or not it shall be so expressed in any such deed or other instrument, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to pay the Organization, in advance, all general and special assessments levied as provided herein. Section 3.2. Organization Budget. The Organization shall prepare, or cause the preparation of, an operating budget for the Organization at least arrnually, in accordance with generally accepted accounting principles and the procedures specified in the Bylaws. The Page 4 of 19 operating budget shall set forth all sums required by the Organization, as estimated by the Organization, to meet its annual costs and expenses including, but not limited to, all management and administration costs of the Organization, operating and maintenance expenses of Common Areas, expenses for services furnished to or in connection with the Common Areas, including the amount of all taxes and assessments levied against, the cost of liability and other insurance on the Common Areas, charges for any services furnished to the Organization, the cost of utilities and other services, including the cost of power and maintenance for street lighting within the community from the appropriate power company, and the cost of funding all reserves established by the Organization, including, if appropriate, a general operating reserve and a reserve for replacements. The funds required to meet the Organization's annual expenses shall be raised from a general assessment against each Owner as provided hereafter. The Organization may revise the operating budget after its preparation at any time and from time to time, as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Organization. Section 3.3. Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Organization shall determine and levy in advance on every Owner a general assessment. The amount of each Owner's general assessment shall be the amount of the Organization's operating budget divided among the Lots; provided that, any vacant Lot(s) not yet liable for payment of assessments pursuant to Section 3.6 shall not be included in this calculation. Notice of the proposed budget and estimated general assessment shall be sent to each Owner as required by RCW ch. 64.38.025 as now or hereafter amended; provided, however, that notification to an Owner of the amount of an assessment shall not be necessary to the validity thereof. The omission by the Organization, before the expiration of any assessment period, to fix the amount of the general assessments hereunder for that or the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any Owner from the obligation to pay the general assessment, or any installment thereof, for that or any subsequent assessment period, but the general assessments fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Organization of the operating budget during the assessment period for which such budget was prepared, the Organization shall, if necessary, revise the general assessments levied against the Owners and give notice of the same in the same manner as the initial levy of general assessments for an assessment period. Section 3.4. Payment of General Assessment. As determined by the Board, installments of general assessments may be collected on a monthly, quarterly, semi-annual, or annual basis. Any Owner may prepay one or more installments on any assessment without discount or penalty. Section 3.5. Non-Discriminatory Assessment. No assessment shall be made at any time that may unreasonably discriminate against any particular Owner or group of Owners in favor of other Owners. Section 3.6. Commencement of Assessments: Limited Exemptions for Vacant Lots. Liability of an Owner for assessments shall commence on the first day of the calendar month following the date upon which any instrument of transfer to such Owner becomes operative (such as the date of a deed, the date of a recorded real estate contract for the sale of any Lot, the date of death in the case of a transfer by will or intestate succession, etc.) and shall terminate on Page 5 of 19 the date that the Owner transfers title to a new Owner, provided such transfer shall not relieve a selling Owner from liability for assessments due prior to the close of such transfer. The due dates of any special assessment payments shall be fixed by the Board when authorizing such special assessment. The Board shall have the discretion to exempt Lots which are vacant from assessments or portions of assessments attributable to improvements or work which does not benefit vacant Lots. Section 3.7. Special Assessments. In addition to the general assessments authorized by this Article, the Organization may levy a special assessment or assessments at any time, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair, or replacement of a described capital improvement located upon or forming a part of the Common Areas, including necessary fixtures and personal property related thereto, or for such other purpose as the Organization may consider appropriate; provided, however, that any such assessment must have the prior favorable vote of Owners representing two-thirds of the Lots affected by the special assessment. If appropriate, the Organization may levy a special assessment against a portion of the Lots in cases where some but not all of the Lots would benefit by the special assessment, so long as any such assessment shall have the favorable vote of Owners representing two-thirds of the Lots affected by the special assessment. The amount of each Owner's special assessment for any year shall be the total special assessment for such year, divided by the sum of the number of Lots affected by the special assessment, provided the Organization may set different special assessment rates for Lots if the Organization determines that the benefit ofthe special assessment is different for the Lots. Section 3.8. Effect of Non-Payment of Assessment. If any assessment payment is not made in full within 30 days after it was first due and payable, the unpaid amounts shall constitute a lien against the Lot and shall bear interest from the date on which payment was first due and payable at the rate applicable to judgments in Washington. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, and whether or not it shall be so expressed in any such deed or other instrument, each Owner shall be deemed to grant thereby to the Organization, its agents and employees, the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Organization by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the benefit of the Organization as a corporate entity, and the Organization shall have the power to bid in at any lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot foreclosed against. Section 3.9. Lien to Secure Payment of Assessments. Declarant hereby creates in the Organization perpetually the power to create a lien in favor of the Organization against each Lot to secure to the Organization the payment to it of all assessments, interest, costs, and attorneys' fees; and Declarant hereby subjects all Lots perpetually to such power of the Organization. Such lien shall arise in accordance with the terms of this Declaration without the necessity of any further action by the Organization, and any such lien when created, shall be a security interest in the nature of a mortgage in favor of the Organization. Such lien shall become a continuing lien in the amount stated in the assessment from the time of the assessment, and shall also be the personal obligation of the person or entity who is the Owner of the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in Page 6 of 19 interest unless expressly assumed by them, provided, however, that in the case of a sale or contract for the sale of any Lot which is charged with the payment of an assessment the person or entity who is the Owner immediately prior to the date of such sale shall be personally liable for the amounts of the monthly installments due prior to said date, and the new Owner shall be personally liable for monthly installments becoming due on or after such date. The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments shall not, however, affect the validity or duration of the continuing lien for unpaid assessments against the respective Lot. Section 3.10. Suspension for Non-Payment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents for a period of 30 days, said Owner's voting rights shall without the necessity of any further action by the Board, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. Section 3.11. Reserves for Replacement. As a common expense, the Organization may establish and maintain a reserve fund for replacement of any Common Areas and any improvements and community facilities thereon by the allocation and payment monthly to such reserve fund of an amount to be designated from time to time by the Organization. Such fund shall either be deposited with a banking institution, the accounts of which are insured by any state or by any agency of the United States of America or, in the discretion of the Organization, be invested in obligations of, or fully guaranteed as to principal by, the United States of America. The reserve fund shall be expended only for the purpose of effecting the replacement of the Common Areas and any improvements and community facilities thereon, equipment replacement, and for start-up expenses and operating contingencies of a nourecurring nature. The Organization may establish such other reserves for such other purposes as it may from time to time consider necessary or appropriate. The proportional interest of any Owner in any such reserves shall be considered an appurtenance of that Owner's Lot and shall not be separately withdrawn, assigned, or transferred, or otherwise separated from the Lot to which it appertains and shall be deemed to be transferred with such Lot. Section 3.12. Certain Areas Exempt. The Common Areas and all portions of the Platsdedicated to and accepted by a public authority or other charitable or non-profit organization exempt from taxation under the laws of the State of Washington shall be exempt from assessments by the Organization. ARTICLE 4 -SUBORDINATION OF LIENS Section 4.1. Intent of Provisions. The provisions of this Article 4 apply for the benefit of each Mortgagee who lends money for purposes of construction or to secure the payment of the purchase price of a Lot. Section 4.2. Mortgagee's Non-Liability. The holder of a Mortgage shall not, by reason of the security interest only, be liable for the payment of any assessment or charge, nor for the observance or performance of any covenant or restriction, excepting only those enforceable by equitable relief and not requiring the payment of money, and except as hereafter provided. Page70fl9 Section 4.3. Mortgagee's Rights During Foreclosure. During the pendency of any proceeding to foreclose a Mortgage, including any period of redemption, the holder of the Mortgage, or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the encumbered Lot, including but not limited to the right to vote in the Organization to the exclusion of the Owner's exercise of such rights and privileges. Section 4.4. Mortgagee as Owner. At such time as a Mortgagee shall become the record Owner of the Lot or previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same manner as any Owner. Section 4.5. Mortgagee's Title Free and Clear of Liens. A Mortgagee or other secured party acquiring title to a Lot through foreclosure, suit, deed of trust sale, deed in lieu of foreclosure, or equivalent method, shall acquire title to the encumbered Lot free and clear of any lien authorized by or arising out of the provisions of this Declaration, insofar as such lien secures the Payment of any assessment or charge or installment due but unpaid before the final conclusion of any such proceeding, excluding the expiration date of any period of redemption. The Organization may treat any unpaid assessments against a Lot foreclosed against as a common expense, in which case it shall prorate such unpaid assessments among the remaining Lots, and each such remaining Lot shall be liable for its prorated share of such expenses in the same manner as for any other assessment. Section 4.6. Survival of Assessment Obligation. After the foreclosure of a security interest in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the Owner against whom the same was levied, and the Organization shall use reasonable efforts to collect the same from such Owner. Section 4.7. Subordination of Assessment Liens. The liens for assessments provided for in this Declaration shall be subordinate to the lien of any Mortgage or other security interest placed upon a Lot as a construction loan security interest or as a purchase money security interest, or refinancing thereof and the Organization will, upon demand, execute a written subordination document to confirm the particular superior security interest. The sale or transfer of any Lot, or any interest therein, shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for purposes of realizing a security interest, liens shall arise against the Lot for any assessment payments coming due after the date of completion of foreclosure (excluding the expiration date of any period of redemption). ARTICLE 5 -BUILDING AND LAND USE RESTRICTIONS Section 5.1. Improvements. No Lot, dwelling, residence, outbuilding, fence, wall, building, pool, deck, substantial landscaping, change in exterior paint color or other structure or other improvement shall be erected, altered, placed or maintained on any Lot unless it shall comply with the following: (a) Prior to placing any such structure or making such improvement on the Lot, the plans and specifications for the structure or improvement and a request for approval Page 8 of 19 shall be submitted to and approved by the Committee as provided in Article 6. When constructed or placed on the Lot, the structure or improvement shall substantially conform to the plans and specifications approved by the Committee. This provision shall not apply to the Declarant until all homes are initially sold and occupied. (b) Prior to making any change or alteration to the external appearance of any existing improvement on a Lot, plans and specifications for the alteration and change shall be submitted to and approved by the Committee as provided in Article 6. When made, the changes or alteration shall substantially conform to the plans and specifications as approved by the Committee. This provision shall not apply to the Declarant until all homes are initially sold and occupied. (c) Once started, the work of constructing, altering, repairing, or reconstructing any structure or improvement on a Lot shall be diligently prosecuted until completion thereof and in any event the exterior of the structure shall be completed and finished within six months after the work first commences. In the case of landscaping improvements or modifications, the work shall be completed within two months after the work first commences. (d) All buildings and improvements on a Lot shall be of permanent construction, and no temporary structure, trailer, mobile home, tent, garage, outbuilding or other similar device shall be placed on any Lot, except with the permission of the Committee. This provision shall not apply to the Declarant during the Development Period. (e) Lots shall be used solely for residential purposes and related facilities normally incidental to a residential community. No building shall be erected, altered, placed or permitted to remain on any Lot except for one (I) detached single family dwelling and permitted accessory building. (f) Accessory buildings which are appurtenant to the use of an existing permanent residential building may be permitted on a Lot. Permitted accessory buildings may include playhouses, tool sheds, doghouses, and gazebos. No permitted accessory building shall be placed on a Lot unless the plans for the accessory building have been first approved as to the design and location on the Lot by the Committee. The Committee may refuse to approve a permitted accessory building if, in the exercise of the discretion of the Committee, the structure detracts from the general visual appearance of the neighborhood or other homes. The location of a permitted accessory building shall be located where it minimizes the visual impact and, as a general guideline, shall be in the rear yard or side yard behind the front of the house. The Committee shall not be bound by the guidelines, but may exercise its discretion in that respect. The Committee may require visual screening of accessory buildings from adjacent Lots. Accessory buildings shall not be easily visible from any street. (g) All structures and improvements shall comply with the provisions of the applicable Building Code, as amended from time to time, relating to setback requirements; provided that nothing herein shall require removal of a building which was originally placed in conformity with such Code because of change in the Code. The Applicant is responsible for procuring all necessary permits. Page 9 of 19 (h) No exterior aerials, antelmas, microwave receivers or satellite dishes for television or other purposes shall be permitted on any Lot except as follows: The Committee will not require prior approval as to placement and screening from residents who wish to install satellite dishes (18" or less in diameter) in accordance with current FCC rulings. The Committee recognizes the need to locate these dishes in a place that will allow the best reception possible, however, residents are encouraged to consider aesthetics as well. Residents choosing to install satellite dishes measuring larger than 18" in diameter are required to obtain approval from the Committee prior to installation. (i) All mailboxes are to be of uniform design as approved by the Committee. G) Owners of fences shall be obligated to repair and maintain such fences so that they are structurally sound and painted or stained from time to time as may be necessary to retain a reasonable appearance thereof. Owners of fences shall have the right to enter adjoining property on a temporary basis for purposes of such maintenance, provided the owner seeking to exercise this right of entry shall give two weeks written notice to the owner of the adjoining property and further provided that no danlage to adjoining property shall be permitted and the adjoining property shall be restored to a condition reasonably equivalent to its condition prior to such entry as soon as such maintenance or repair work is completed. Fences may be limited in height and/or extent beyond local code provisions, as well as in style, as provided for in the Standards as adopted by the Organization. (k) The Board may, in the Community Regulations, adopt such regulations for the installation, maintenance and watering of landscaping, including lawns, as the Board determines are reasonably necessary to maintain the general appearance and value of the properties within the Plat. Section 5.2. Animals. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any Lot except that usual household pets such as dogs, cats and small birds may be kept, provided that they are not kept, bred or maintained for commercial purposes, and that they do not unreasonably interfere with the use and enjoyment of any part of the Plat. Section 5.3. Nuisances. No Lot shall be used or maintained as a dumping ground for rubbish; and trash, garbage, or other waste shall not be kept except for in sanitary containers or composting areas. Equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and out of sight. Nothing shall be done on a Lot that may become a nuisance to the neighborhood. Section 5.4. Businesses. No trade, craft, business, profession, manufacturing, commercial enterprise or commercial activity of any kind shall be conducted or carried on upon any Lot or within any building located within the Platsunless it is authorized by and is in compliance with local land use ordinances and does not interfere with the quiet and peaceful use and enjoyment of any part of the Plat. For purposes of this Section, "interference" will be assumed to exist if(l) evidence of said use is visible from the street or adjacent Lots, (2) the use causes an increase in the noise level in the surrounding area, or (3) the use increases traffic above usual residential volumes. No signs for such businesses shall be permitted. Page 10 of 19 Section 5.5. Storage. No goods, materials, supplies or equipment, and no boats, trucks, motorcycles, busses, motor homes, campers, trailers, or vehicles of any description, shall be stored, dismantled, or repaired in the street, driveway, or within view from any street or Lot in the Plat. Upon 48 hours notice to the Owner of the Lot, the Organization has the authority to have removed at the Owner's expense any improperly stored or parked vehicle, boat, or other equipment. During the Development Period, the Declarant may store equipment and building materials and maintain temporary trash storage sites within the Plat. The restrictions contained in this Section shall not exclude the temporary parking of automobiles on the designated driveway areas adjacent to garages on the Lots. Section 5.6. Construction and Sale Period. So long as Declarant owns any property in the Platsfor development and/or sale, the restrictions set forth in this Article 5 shall not be applied or interpreted so as to prevent, hinder, or interfere with development, construction or sales activities of Declarant or any builder or developer approved by the Declarant. Section 5.7. Maintenance. Property ownership includes the responsibility to maintain all structures and grounds that are a part ofthe Lot. This obligation includes, but is not limited to, such activities as mowing grass, weed control, vegetation control, prevention of offensive or noxious odors associated with composting, removal of trash, structural maintenance, including repairing mildewed, worn or dated siding and fencing, painting and removing moss on roofs. ARTICLE 6 -ARCHITECTURAL CONTROL Section 6.1. The Committee. The Board shall designate the Committee herein referred to. The address of the Committee shall be the registered office of the Organization. Section 6.2. Submission of Plans. Prior to construction, all plans and specifications or information required to be submitted to the Committee for approvals shall be submitted by mail to the address of the Committee in duplicate, shall be in writing, shall contain a written request for approval and the name and address of the person submitting the same and the Lot involved, and shall set forth the following with respect to a proposed structure: The location of the structure upon the Lot, the elevation of the structure with reference to the existing and finished lot grade, the general design, the interior layout, the exterior finish materials and color including roof materials, the landscape plan, and such other information as may be required to determine whether such structure conforms with the restrictions established by the Governing Documents and any Community Regulations adopted by the Organization. The Committee may require applicants to notify adjacent Lot Owners of their request for approval. Section 6.3. Standards. The Committee shall have the authority to determine and establish standards involving aesthetic considerations of harmony of construction and color which it determines to be in the best interest of providing for attractive development of the Plats, which authority shall include but not be limited to determining the height, configuration, location, design and appearance of the home, fences, walls, outbuildings, pools, and other structures and improvements appurtenant to the use of the Lot. Such determinations shall be binding on all persons having any interest in the Lot. Owners shall be responsible for informing contractors, agents and others working on the Lot of the standards and conditions of all approvals Page 11 of19 issued by the Committee and shall be responsible for correcting any violations of any and all violations ofthose standards and conditions. Section 6.4. Approval or Disapproval Process. Within 30 days after the receipt of plans and specifications or information with a request for approval, the Committee shall by majority vote approve or disapprove the request. The Committee may disapprove any request that in its opinion does not conform to the Governing Documents and any Community Regulations adopted by the Organization or its aesthetic or other adopted standards. Approval or disapproval of a request shall be made upon one of the copies thereof and returned to the address shown on the request. If the Committee fails to approve or disapprove submitted plans and specifications within 30 days after the plans and specifications have been submitted, which submission shall be evidenced by a written receipt for said plans and specifications, approval will not be required, and this Section will be deemed to have been fully complied with. In this event, any such plans and specifications shall nevertheless be in compliance with all the restrictions contained in the Governing Documents and any Community Regulations adopted by the Organization. Section 6.5. Advisors. The Committee may appoint advisors or advisory committees from time to time to advise on matters pertaining to the Plat. No person on the Committee or acting for it shall be responsible for any defect in any plan or specification submitted or approved nor for any defect in any plan or specification submitted or approved nor for any defect in any work done according to such plans and specifications. Section 6.6. Variations. The Committee shall have the authority to approve plans and specifications which do not confom1 to these restrictions in order to overcome practical difficulties or prevent hardships in the application of these restrictions; provided that such variations so approved shall not be materially injurious to the improvements of other Lots and shall not constitute a waiver of the restrictions herein contained but shall be in furtherance of the purposes and intent of these restrictions. ARTICLE 7 -COMMON AREAS AND MAINTENANCE Section 7.1. Title to Common Areas. Declarant shall convey to the Organization the Common Areas owned by Declarant, as designated in the recorded Plates}, including notes thereto. The Common Areas shall be subject to an easement of common use and enjoyment in favor of the Organization and every Owner, their heirs, successors, and assigns, in accordance with the terms and conditions of the Governing Documents. The Common Areas when conveyed to the Organization shall be free and clear of financial liens. Section 7.2. Owners' Common Rights. Owners shall have equal rights with other Owners to use the Common Areas, unless certain Common Areas are specifically designated as limited Common Areas on the face of a plates) or other recorded instrument. All easements for ingress, egress, utilities, and use of facilities, unless otherwise specifically limited, shall exist in favor of all Owners in the Plat. Section 7.3. Maintenance of Common Areas/Other Maintenance. The Organization shall maintain, repair, replace, improve, and otherwise manage all of the Common Areas so as to keep them in good repair and condition and shall conduct such additional maintenance, repair, Page 12 of 19 replacement, construction, or reconstruction as may be determined by the Board to promote the recreation, health, safety, and welfare of the Owners. Any action necessary or appropriate to the maintenance and upkeep of the Common Areas, the landscaping, irrigation, storm drainage facilities, sewer and water systems, all buildings, gas, telephone, or electrical or television facilities applicable to the Common Areas shall be taken by the Board. In addition, the Board may, in its discretion, agree to maintain other improvements within the Plat(s) where the Board finds that such maintenance will provide a general benefit to the Organization and the Lots in the Plat. ARTICLE 8 -EASEMENTS AND OPEN SPACE Section 8.1. Construction, Utility and Drainage Easements. Easements for the construction, repair, replacement, reconstruction, and maintenance of utilities and drainage facilities have been created along the street frontages of all lots and established by the recorded Plat including notes thereto. Furthermore, all lots shall be subject to easements 2.5 feet in width, parallel and adjacent to all interior lot lines and 5 feet in width, parallel and adjacent to all rear lot lines for the purpose of private drainage. Easements shall move with adjusted lot lines. Maintenance of all private drainage easements shall be the responsibility of all lots deriving benefit from said easement, including the owner of the lot on which said easement(s) are located. No structure, including fences and retaining walls or rockeries, planting or other material which may damage or interfere with the installation and maintenance of utilities or facilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through the drainage channels in the easements, shall be placed or permitted to remain within any of these easements, except as otherwise authorized by the Plat or as specifically authorized by the Committee. Section 8.2. Maintenance of Common Areas. The Organization shall be responsible for maintaining, repairing and replacing: a) Any plat entry monuments, lighting, landscaping, and irrigation constructed in a common Tract. b) Landscaping, irrigation, fencing, and any other community improvements that have been or may be constructed in the future within a Common Tract or other areas designated by the Board, including easements in favor of the Shy Creek Community Organization. c) Any landscaping and irrigation systems located within the public rights of way located in the Plat, except that which fronts or sides any individual lot. d) The mailbox stands. e) Any landscaping, and any and all necessary access roads, fences, gates, retaining structures, drainage components, splash pads, and any other appurtenances within storm detention tracts, and easements in favor of the Shy Creek Community Organization for the outfall through other parcels. Page 13 of 19 ARTICLE 9 -INSURANCE, CASUALTY LOSSES, CONDEMNATION Section 9.1. Insurance Coverage. The Organization shall obtain and maintain at all times as an Organization expense an insurance policy or policies and bonds written by companies licensed to do business in Washington which provide: 9.1.1. Insurance against loss or damage by fire and other hazards covered by the standard extended coverage endorsement in an amount as near as practicable to the full insurable replacement value (without deduction for depreciation) of the Common Areas, with the Organization named as insured, or such other fire and casualty insurance as the Organization shall determine will give substantially equal or greater protection. 9.1.2. General comprehensive liability insurance insuring the Organization, the Owners, Declarant, and any managing agent, against any liability to the public or to the Owners and their guests, invitees, licensees, or tenants, incident to the ownership or use of the Common Areas. 9.1.3. Worker's compensation insurance to the extent required by applicable laws. 9.1.4. Fidelity coverage naming the Organization as an obligee to protect against dishonest acts by the Board, Organization officers, committees, managers, and employees of any of them, and all others who are responsible for handling Organization funds, in an amount equal to three months general assessments on all Lots, including reserves. 9.1.5. Insurance against loss of personal property of the Organization by fire, theft, and other losses with deductible provisions as the Organization deems advisable. 9.1.6. Such other insurance as the Organization deems advisable, provided, that notwithstanding any other provisions herein, the Organization shall continuously maintain in effect casualty, flood, and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for Projects established by Federal National Mortgage Organization, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, and Veterans Administration, so long as any of them is a Mortgagee or Owner, except to the extent such coverage is not available or has been waived in writing by Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, or Veterans Administration. Section 9.2. Casualty Losses. In the event of substantial damage to or destruction of any of the Common Areas, the Organization shall give prompt written notice of such damage or destruction to the Owners and to the holders of all First Mortgages who have requested such notice from the Organization. Insurance proceeds for damage or destruction to any part of the Common Areas shall be paid to the Organization as a trustee for the Owners, or its authorized representative, including an insurance trustee, which shall segregate such proceeds from other funds of the Organization. Section 9.3. Condemnation. In the event any part of the Common Areas is made the subject matter of any condemnation or eminent domain proceeding, or is otherwise sought to be Page 14 ofl9 acquired by any condemning authority, the Organization shall give prompt notice of any such proceeding or proposed acquisition to the Owners and to the holders of all First Mortgages who have requested from the Organization notification of any such proceeding or proposed acquisition. All compensation, damages, or other proceeds therefrom, shall be payable to the Organization. ARTICLE 10 -ENFORCEMENT Section 10.1. Right to Enforce. The Organization, Declarant, and any Owner shall have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens, and charges now or hereafter imposed by or pursuant to the provisions of this Declaration. Failure or forbearance by any person or entity so entitled to enforce the provisions of this Declaration to pursue enforcement shall in no event be deemed a waiver of the right to do so thereafter. Section 10.2. Imposition of Fines. (a) Authority to Impose Fines: The Organization shall have the right to impose monetary penalties against the owner and/or occupant of any Lot who violates these Covenants, Conditions and Restrictions or the Community Regulations or other rules and restrictions adopted by the Organization. The Board shall, from time to time, adopt a schedule for such monetary penalties. The schedule may provide for penalties that are assessed a single flat rate and may provide for penalties which are incurred on a periodic (daily, weekly, etc.) basis and which accrue until violations are corrected. (b) Procedure for Imposition of Fines: If the Organization determines that a violation of the Covenants, Conditions and Restrictions, or the Community Regulations or other rules and restrictions adopted by the Organization has occurred, the Organization shall send a written Notice of Violation to the owner or occupant of the Lot determined to be responsible for the violation. The Notice of Violation shall identify (1) the location where the violation has occurred, (2) the name of the person responsible for the violation, (3) the nature of the violation, (4) the action or actions required in order to cure the violation and a deadline for compliance, and (5) the rate or amount of the fine that will be assessed if the violation is not cured by the compliance deadline. In addition, the Notice of Violation shall indicate that the owner or occupant deemed responsible for the violation shall be entitled to request a hearing before the Board, provided a written request for such a hearing is submitted to the Board within fourteen calendar days after the issuance of the Notice of Violation. (c) Hearing by Board: If a request for a hearing is submitted, the Board shall conduct a factual hearing and allow interested parties to present evidence relevant to the issues of whether or not a violation has occurred and what action is required to cure the violation. The Board shall issue a written decision after the conclusion of the factual hearing. All Notices of Violation become [mal either fourteen days after Page 15 of 19 they are issued if no request for a hearing is submitted, or on the date that the Board issues its decision following a hearing. (d) Collection of Fines, Lien on Title: Unpaid fines assessed pursuant to Section 10.2 shall constitute liens against the Lot, be subject to the terms and conditions of this Declaration regarding liens for assessments and attorneys fees. Section 10.3. Remedies Cumulative. Remedies provided by this Declaration are in addition to, cumulative with, and are not in lieu of, other remedies provided by law. There shall be, and there is hereby created and declared to be, a conclusive presumption that any violation or breach or attempted violation or breach of the covenants, conditions, and restrictions herein cannot be adequately remedied by an action at law or exclusively by recovery of damages. ARTICLE 11 -AMENDMENT AND REVOCATION Section 11.1. Amendment by Organization. Prior to the expiration of the Development Period, any amendment to the Declaration may be executed by the Declarant. Subsequent to the expiration of the Development Period, this Declaration may be amended only by an instrument executed by the Organization for and on behalf of the Owners, provided, however, that such amendments shall have received the prior approval of a vote of the Owners having 75 percent of the total outstanding votes in the Organization, and provided, however, that the obligation to maintain common areas and improvements may not be revoked without the written consent of the City of Renton. Notwithstanding any of the foregoing, the prior written approval of 51 percent of all Mortgagees who have requested from the Organization notification of amendments shall be required for any material amendment to the Declaration or the Organization's By-Laws of any of the following: voting rights, assessments, assessment liens, and subordination of such liens, reserves for maintenance, repair, and replacement of Common Areas, responsibility for maintenance and repair, reallocation of interest in the Common Areas, or rights to their use, convertibility of Lots into Common Arcas or of Common Areas into Lots; leasing of Lots other than as set forth herein; imposition of any restrictions on the right of an Owner to sell or transfer a Lot; any action to terminate the legal status of the Organization after substantial destruction or condemnation occurs, or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of First Mortgages. Section 11.2. Effective Date. Amendments shall take effect only upon recording in the County where the property is located Section 11.3. Additions and Amendments. Declarant hereby reserves the right to add additional properties to or delete properties from Shy Creek. Additional properties may include subsequent phases of Shy Creek, or other properties or lots that the Declarant may wish to add at Declarant's sole discretion. ARTICLE 12 -GENERAL PROVISIONS Section 12.1. Taxes. Each Owner shall pay without abatement, deduction, or offset, all real and personal property taxes, general and special assessments, including local improvement Page 16 of 19 assessments, and other charges of every description levied on or assessed against his Lot, or personal property located on or in the Lot. The Organization shaH likewise pay without abatement, deduction, or offset, aH of the foregoing taxes, assessments, and charges levied or assessed against the Common Areas. Section 12.2. Non-Waiver. No waiver of any breach of this Declaration shaH constitute a waiver of any other breach, whether of the same or any other covenant, condition, or restriction. Section 12.3. Covenants Running with the Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights, and other provisions contained herein are intended to and shaH run with the land and shaH be binding upon aH persons purchasing, leasing, subleasing or otherwise occupying any portion of the Plat, their heirs, executors, administrators, successors, grantees, and assigns. All instruments granting or conveying any interest in any Lot and an leases or subleases shan refer to this Declaration and shan recite that it is subject to the terms hereof as if fuHy set forth therein. However, aU terms and provisions of this Declaration are binding upon aH successors in interest despite an absence of reference thereto in the instrument of conveyance, lease, or sublease. Section 12.4. Attorneys' Fees. In the event of a suit or action to enforce any provision of this Declaration or to coHect any money due hereunder or to foreclose a lien, the unsuccessful party in such suit or action shaH pay to the prevailing party aU costs and expenses, including title reports, and an attorneys fees that the prevailing party has incurred in connection with the suit or action, in such amounts as the court may deem to be reasonable therein, and also including aH costs, expenses, and attorneys fees incurred in connection with any appeal from the decision of a trial court or any appeUate court. Section 12.5. No Abandonment of Obligation. No Owner, through his non-use of any Common Area, or by abandonment of his Lot, may avoid or diminish the burdens or obligations imposed by this Declaration. Section 12.6. Interpretation. The captions of the various articles, sections and paragraphs of this Declaration are for convenience of use and reference only and do not defme, limit, augment, or describe the scope, content or intent of this Declaration or any parts of this Declaration. The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter, and the feminine includes the masculine and neuter, and each includes a legal entity when the context so requires. The single number includes the plural whenever the context so requires. Section 12.7. Severability. Invalidation of anyone of these covenants, conditions, restrictions, easements, or provisions by judgment or court order shaU in no way affect any other of the same, an of which shall remain in fun force and effect. Section 12.8. Notices. AH notices, demands, or other communications (''Notices'') permitted or required to be given by this Declaration shall be in writing and, if mail postage prepaid by certified or registered mail, return receipt requested (if a Notice to Declarant, the Organization, or to fewer than all Owners), or ifmailed first-class postage prepaid (if a Notice to Page 17 of 19 all Owners), shall be deemed given three days after the date of mailing thereof, or on the date of actual receipt, if sooner, except as otherwise provided in the Governing Documents. Notice to an Owner may be given at any Lot owned by such Owner; provided, however, that an Owner may from time to time by Notice to the Organization designate such other place or places or individuals for the receipt of future Notices. Notices shall be addressee to the last known address of the addressee if not otherwise known. If there is more than one Owner of a Lot t, Notice to anyone such Owner shall be sufficient. The address of Declarant during the Development Period and of the Organization shall be given to each Owner at or before the time he becomes an Owner. If the address of Declarant or the Organization shall be changed, Notice shall be given to all Owners. Section 12.9. Applicable Law. This Declaration shall be construed in all respects under the laws of the State of Washington. Page 18 of 19 IN WITNESS WHEREOF, THE UNDERSIGNED DECLARANT HAS EXECUTED THIS DECLARATION THE DAY AND YEAR FIRST ABOVE WRITTEN. CONNER HOMES COMPANY. STATE OF WASHINGTON) ) ~. COUNTY OF KING ) On this I ~ f!J day of ~ t.I..* , 20 !!1;-before me, the undersigned, a Notary Public in and ~or A the State of Washington, duly commissioned and sworn, ~"V ~ S~~po/e personally appeared to me known to be the .~ jhSCofConner Homes Company, which executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purpos~~"-'~tioned, and on oath stated that he was authorized to execute th ·d . t~' :'\\~ 0: Co III e sal mstrumen . .::-"c:,~ """"i'\I, j,,~./I ~ Page 19 of 19 ff _fJ'..,.---~o;,o;,ION ;~,,~-).!~ !J ~ : = ~OT~~ ~~~ ~ :~~ "L.~~ ... ,-0 "P·d ..:=.--~ ~ -• -Qt§ E nnte name: ~C\.l:>. L <'V2{ ~ ~\ .()UB\..\V j~E Notary Public in and for the State of Washington ~?1!':'O-29-0~,,-~o.: My commission expires: 10· d-q ·0,\ 'I, 0 11"\m\""'~" $" III ~ WAS,",~ ,... ...... ' 111111\\\\"'" June 4, 2007 Resolution #3880 Plat: Shy Creek, SE 2nd PI, FP-07-002 Resolution #3881 Utility: Briar Hills Sewer Facilities Transfer, King County Water District #90 Resolution #3882 Police: Traffic Safety Camera System Cooperative Purchasing,. Seattle Police: Red Light School Zone Photo Enforcement Program Ordinance #5289 CAG: 07-053, Renton Village Storm System, Laser Underground & Earthworks, Budget Amend AUDIENCE COMMENT Citizen Comment: Paholke - Red Light School Zone Photo Enforcement Program Citizen Comment: DeMastus - Light Rail ADJOURNMENT Recorder: Michele Neumann June 4, 2007 Renton City Council Minutes Page 192 A resolution was read approving the Shy Creek Final Plat consisting of approximately 16.14 acres bounded by Hoquiam Ave. NE, Jericho Ave. NE, NE 2nd St., and SE 2nd PI. MOVED BY BRJERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRJED. A resolution was read authorizing the Mayor and City Clerk to enter into an interlocal agreement with King County Water District #90 related to the transfer of sanitary sewer mains, manholes and appurtenances, from the district to the City of Renton. MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. A resolution was read authorizing the Mayor and City Clerk to enter into an interlocal cooperative purchasing agreement with the City of Seattle in order to jointly bid the acquisition of goods and services, including a turnkey traffic safety camera system MOVED BY LAW, SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRJED. The following ordinance was presented for first reading and referred to the Council meeting of 6/1112007 for second and final reading: An ordinance was read adding a new Section 10-12-15, Traffic Safety Cameras, of Chapter 12, Traffic Code, of Title \0 (Traffic) of City Code by authorizing the use of automated traffic safety cameras to detect certain traffic infractions; adopting the standards and restrictions regarding use of traffic safety cameras in RCW 46.63.030 and RCW 46.63.170; and setting the monetary penalty for an infraction detected by an automated traffic safety camera. MOVED BY LAW, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 611112007. CARRIED. The following ordinance was presented for second and final reading and adoption: An ordinance was read amending the 2007 Budget by transferring $340,000 to the Renton Village Storm System Project expenditure account from other surface water utility expenditure accounts. MOVED BY CLAWSON, SECONDED BY LA W, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL A YES. CARRJED. Diane Paholke, 243 W. Perimeter Rd., Renton, 98057, voiced her support for the traffic safety camera program, and inquired as to how the program will be expanded. Councilmember Law stated that ifthe implementation of the initial cameras is successful, the program will be expanded into other areas. He noted that the program's goal is to change people's driving habits. Councilmember Corman pointed out that the cameras will be installed at McKnight Middle School, Renton High School, and Talbot Hill Elementary School, and he agreed that if successful, the program will be expanded. Sandel DeMastus, PO Box 2041, Renton, 98056, expressed her support for the use of light rail in this area. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRJED. Time: 8:37 p.m. ~.-J. 0qtk.- Bonnie 1. Walton, CMC, City Clerk June 4, 2007 AUDIENCE COMMENT Citizen Comment: DeMastus - Trail Cleanup Behind Highlands Library CONSENT AGENDA Council Meeting Minutes of 5/2112007 CAG: 07-072, Central Plateau Interceptor Section 2, Rodarte Construction CAG: 07-078, City Shops Roof Replacement Bldg A-I, Stanley Roofing Co Plat: Highlands Park, Rosario Ave NE, FP-07-0l6 Plat: Shy Creek, SE 2nd PI, FP-07 -002 -- Community Services: Heritage Park Construction & Union Ave NE Guardrail Safety Barrier Fund Transfer Development Services: Collier Short Plat, ROW Dedication, Lind Ave SW, SHP-06-140 Annexation: Marshall, Duvall Ave NE & NE Sunset Blvd Annexation: Aster Park, NE Sunset Blvd EDNSP: Multi-Family Housing Property Tax Exemption, The Sanctuary Renton City Council Minutes Page 190 Sandel DeMastus, Highlands Community Association Vice President, PO Box 2041, Renton, 98056, expressed appreciation to those who helped cleanup the overgrown trail located behind the J,-iighlands Library last Saturday, Items on the consent agenda are adopted by one motion which follows the listing, Approval of Council meeting minutes of 5/2112007, Council concur. City Clerk reported bid opening on 5/22/2007 for CAG-07-072, Central Plateau Interceptor Section 2; six bids; engineer's estimate $1,887,648.64; and submitted staffrecommendation to award the contract to the low bidder, Rodarte Construction. Inc., in fbe amount of$I,865,890.97. Council concur. City Clerk reported bid opening on 5/15/2007 for CAG-07-078, City Shops Roof Replacement Building A-I; six bids; engineer's estimate $ 100,000; and submitted staff recommendation to award the contract to the low bidder, Stanley Roofing Co., Inc., in the amount of $113,632.90. Council concur. Development Services Division recommeuded approval, with conditions, of the Highlands Park Final Plat; 73 single-family lots on 18.1 acres located at fbe 200 block of Rosario Ave. NE and Vesta Ave. NE. Council concur. (See page 191 for resolution.) Development Services Division recommended approval, with conditions, of the Shy Creek Final Plat: 61 single-family lots on 16.14 acres located in the vicinity of SE 2nd PI. and Jericho Ave. NE. Council concur. (See page 192 for I resolution.) Community Services Department recommended approval to use $35,000 in project savings from the Gene Coulon Memorial Beach Park structural repairs project to complete the Heritage Park construction project (CAG-06-044) and to install a future wood guardrail safety barrier along Union Ave. NE. Council concur. Development Serviccs Division recommended acceptance of a deed of dedication [or additional right-of-way at Lind Ave. SW to fulfill a requirement of the Collier Short Plat. Council concur. Economic Devclopment, Neighborhoods and Strategic Planning Department submitted a 60% Petition to Annex for the proposed Marshall Annexation, and recommended a public hearing be set on 6118/2007 to consider the petition and R-8 zoning; 7.6 acres located west of Duvall Ave. NE and north ofNE Sunset Blvd. Council concur. Economic Development, Neighborhoods and Strategic Planning Department recommended a public hearing be set on 6/1812007 to consider the proposed Aster Park Annexation and R-4 zoning offbe 19.85-acre site located along fbe south side ofNE Sunset Blvd. and west of 148th Ave. SE. Council concur. Economic Development, Neighborhoods and Strategic Planning Department recommended approval of the revised multi-family housing property tax exemption agreement [or The Sanctuary project (near intersection of N. 10th St. and Park Ave. N.) to reflect the new ownership entity of the project. Council concur. !: ' OF RENTON COUNCIL AGEND, LL I AI# '1. e.. --------, Submitting Data: PlanninglBuildingiPublic Works For Agenda of: June 4, 2007 DeptlDiv/Board" Development Services Division StaffContacL,,, Mike Dotson X-7304 Agenda Status Consent. ............ .x Subject: Public Hearing .. Shy Creek Final Plat. Correspondence .. Ordinance ............. File Number: LUA 07-002 FP (Preliminary Plat LUA Resolution ............ X 06-009). Old Business ........ Exhibits: New Business ....... I. Resolution and legal description. Study Sessions ...... 2. Staff Report and Recommendation. Information ......... Recommended Action: Approvals: Council Concur Legal DepL ..... .x Finance Dept... .. . OtheL ............. . Fiscal Impact: N/A Expenditure Required ... Transferl Amendment. ..... . Amount Budgeted ...... . Revenue Generated ........ . Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 61 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 Planning/Building/Public Works prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Shy Creek Final Plat, LUA 07-002 with the following conditions and adopt the resolution: I. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. C:illocuments and SeUings\lJser\Desk1op\Sby Creek AGNI31 [PlI2.doc! CITY OF RENTON, WASHINGTON RESOI,UTION NO. __ _ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (SHY CREEK, FILE NO. LUA-07-002FP). 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 PlanningiBuildingfPublic Works Department; and WHEREAS, after investigation, the Administrator of the PlanningiBuildinglPublic 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 determine 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, school grounds, 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 TIIE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTIONL The above findings are true and correct in all respects. SECTIONIL The final plat is hereby approved pertaining to the following described real estate, to wit: See Exhibit it "A" attached hereto and made a part hereof as if fully set forth RESOLUTION NO. __ _ (The property, consisting of approximately 16.4 acres, is located between Hoquiam Ave. NE and Jericho Ave NE and NE 2nd St. and SE 2 nd PI.) Such plat is 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 May 22, 2007. PASSED BY THE CITY COUNCIL this ___ day of _______ , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this ___ day of _________ " 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1272:5125107:ch 2 EXHIBIT A Legal Description PARCEL A: TRACT 25, BLACK LOAM FNE ACRE TRACTS, ACCORDING TO THE PlAT THEREOF, RECORDED IN VOLUME 12 OF PlATS, PAGE 101, IN KING COUNTY, WASHINGTON; EXCEPT THE FOlLOWING DESCRIBED PARCEL: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 25; 'THENCE SOUTHERlY AlONG THE WEST UNE OF 144 m AVENUE SOUlliEAST, TO THE SOUTHEAST CORNER OF SAID TRACT 25; THENCE WESTERlY AlONG THE SOUTH UNE OF SAID TRACT A DISTANCE OF 207.00 FEET; THENCE NORTHERLY AND PARAllEl WITH THE WEST UNE OF 144m AVENUE SOUTHEAST, TO A POINT LYING 140.00 FEET SOUTH OF THE NORm UNE OF SAID TRACT 25; 'THENCE WESTERLY AlONG A LINE PARAllEl TO mE NORTH UhlE OF TRACT 25 A DISTANCE OF 48.00 FEET; THENCE NORTHER!. Y AND PARALLa TO THE WEST UNE OF 144m AVENUE SOUTHEST, A DISTANCE OF 140.00 FEET TO mE NORTH UNE OF SAID TRACT 25: mENCE EASTERLY AlONG SAID NORTH UNE TO THE POINT OF BEGINNING. {ALSO KNOWN M3 A PORTION OF KING COUNTY LOT LINE ADJUSTh1ENT NUMBER SOOM0088, RECORDED UNDER RECORDING NUMBER 9804090613.} PARCELB: PARCEL C OF KING COUNTY LOT LINE ADJUSTMENT NUMBER S9OMOO88 AS RECORDED UNDER RECORDING NUMBER 9804090013, IN KING COUNTY, WASHINGTON; BSNGA PORTION OF TRACT 25, BLACK LOAM FIVE ACRE TRACTS, AOCOROING TO mE PLAT THEREOF, RECORDED IN VOLUME 12, OF PlATS, PAGE 101, IN KING COUNTY, WASHINGTON. PARCELC: TRACTS 28 AND 29, BlACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECOROEO IN VOlUME 12 OF PLATS, PAGE 10l,IN KING COUNTY. WASHINGTON. PARCELD: TRACT 32, BLACK LOAM FNE ACRE TRACTS, ACCORDING TO mE PLAT THEREOF, RECORDED IN VOLUME 12 OF PlATS, PAGE 101, IN KING COUNTY,jVASHINGTON. RENTON VICINITY .MAP NOT ioSCAt£ DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: John Skochdopole Conner Homes Company Shy Creek Final Plat. File: LUA 07-002, FP Between SE 2nd Place and NE 2nd Street and betwecn Jericho and Hoquiam Ave NE Section 15, Twp. 23 N., Rng 5 E, W.M. Final Plat for 61 single-family residential lots with water, sanitary sewer, stoml, 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: 1. The applicant, John Skochdople, Conner Homes Company, filed a request for approval of Shy Creek, a 61-10t 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 Revicw Committee (ERC), the City's responsible official, issued a DeteIDlination on Non-Significance-Mitigated (DMA-M). 4. All appropriate City of Renton personnel reviewed the subject proposal. 5. The subject site is located at Between SE 2nd Place and NE 2nd Street and between Jericho and Hoquiam Ave NE. Section IS, Twp. 23 N., Rng 5 E, W.M. 6. The subject site is comprised ofa parcel of 16.14 acres. 7. The City of Renton Council approved the Preliminary Plat (LUA-06-009) on January 27,2006. 8. The site is zoned R-8 (Single Family - 8 dwelling units/acre). 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. As a condition of Final Plat submittal, the following items address the conditions of plat approval from the Hearing Examiner's decision approved by the City Council. The conditions of the Plat Approval and actions taken are summarized below. The final plat of Shy Creek has been designed to comply with all conditions of preliminary plat approval granted under City of Renton file no. LUA06-009, PP, ECF. Conditions of approval are presented below, and our statement of compliance with each is italicized bold: Hearing Examiner Conditions: I. The applicant shall comply with all requirements of the Determination of Non- significance -Mitigated that was issued by the Environmental Review Committee on April 25, 2006. ERC MITIGA nON CONDITIONS COMPLIANCE: a. The applicant shall comply with the recommendations found in the geotechnical report prepared by Earth Consultants, Inc. dated February 1,2005. The Road, Storm water and Sewer plans approved by the City on October 31, 2006, contain site preparation, clearing and grading plans that comply with the recommendations in this report. Note referencing the geotechnical report is found on Sheet 5 of the Road, Storm water and Sewer Plans. b. The applicant shall be required to provide a Topography Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the Stormwater Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of Construction Permits. This condition shall be subject to the review and approval of the Development Services Division. Sheets 3, 4 and 70f the Road, Storm water and Sewer plans approved by the City of Renton on October 31,2006 contain a TESCP designed pursuant to Ecology's ESC requirements. c. The detention system for this project shall be required to comply with the requirements found in the 2005 King County Surface Water Design Manual. The detention system is designed to comply with the requirements of the 2005 King County Surface Water Design Manual. Reference the Technical Information Report by Triad Associates dated March 22, 2006 and the Road, Storm water and Sewer Plans approved by the City on October 31,2006. d. The applicant shall be required to relocate the proposed 60-foot wide entrance to the plat to a location where the well and its associated buffer would not be impacted. The relocated plat entrallce is shown on Sheet 5 of 6 of the Final Plat map. e. The applicant shall pay a Parks Mitigation Fee based on $530.76 per each new single family lot. Parks mitigation fee will be paid prior to Final Plat approval. f. The proposed project shall comply with the recommendations found in the Traffic Impact Analysis prepared by Transportation Engineering Northwest dated January 26, 2006 including the payment of a Traffic Mitigation Fee in the amount of $75.00 per net new average daily trip. Payment of mitigation fees is the only recommendation in this report. Impact fees will be paid prior to Filial Plat approval. g. Staff recommends that the applicant pay a Fire Mitigation Fee based on $488.00 per new single family lot. Fire mitigation fees will be paid prior to Final Plat approval. 2. Demolition permits shall be obtained and all inspections completed on the demolition of the existing residences and detached accessory structures prior to final plat approval. This condition will be satisfied prior to final plat approval. 3. A revised landscape plan shall be submitted prior to final plat approval to the Development Service Division project management for review and approval. The revised landscape plan shall identil~' a 5-foot planting strip along the street frontage of the proposed "looped" road in addition to the perimeter roads and shall show two trees within the front yard areas of all lots within the proposed subdivision. A revised landscape plan complying with this condition is included in this Final Plat application for City review. 4. The applicant shall be required to place "No Parking" signage along the 26-foot wide private access easement prior to final plat approval. This condition will be satisfied prior to final plat approval. 5. 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 shared roadway, stormwater and utility improvements. A draft of the document(s) 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 the recording of the final plat. A draft of the CCRs and Homeowners Association rules are included in this Final Plat application for City review. 6. A revised stream mitigation plan incorporating the comments from the Watershed Co., dated April 27, 2006, shall be submitted at the time of Utility Construction Permit Application, for review and approval by the Development Services Division Project Manager. Reference sheets WI through 4 submitted with the Road, Storm water and Sewer Plans approved on October 31,2006. 7. Mitigation shall be required for the impacts proposed to Wetland B. A detailed mitigation plan for the impacts proposed to Wetland B shall be submitted at the time of Utility Construction Permit Application to the Development Services Division Project Manager for review and approval. Reference sheets WI through 4 submitted with the Road, Storm water and Sewer Plans approved on October 31,2006. 8. A bottomless box culvert with footings located outside of the stream channel shall be the stream crossing method required for the crossing located on the east side of the project site. Reference sheets 8 and 9 of the Road, Storm water and Sewer Plans approved by the City on 1013112006. 9. A Native Growth Protection Easement shall be recorded over Tracts B, C and F prior to or concurrent with the recording ofthe final plat map. Reference Notes 4 and 7 on page 2 of 6 on the Final Plat map. 10. The edge of the wetland and stream buffers shall be delineated with a split rail fence and identified with signage as approved by the Development Services Division Project Manager. A fencing and signage detail shall be submitted to the Development Services Division project manager at the time of Utility Construction Permit Application for review and approval. The fencing and signage shall be installed prior to the recording of the final plat. Reference Final Landscape plan included in this Final Plat application for City review. II. The storm water detention tract (Tract G) shall be landscaped and irrigated (unless drought tolerant plants are used) appropriately. In addition, the storm water detention tract shall be fenced with a 6-foot solid wood fence. The applicant shall submit a landscape plan and fencing detail for the review and approval of the Development Services Proj ect Manager prior to recording of the plat. Reference Final Landscape Plan included in this Final Plat application for City review. 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 to 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 22" DAY OF May 2007. cc Kayren Kittrick LUA-07-002-rp MIKE DOTSON DEVELOPMENT SERVICES DIVISION Creek ; J -I = n " ~ .. _41.. .. ~-~ .. I , I ~ o ~' i ~ • ,..J2. .. ~ 0 I; , .......... • , ~ I • " ~ , I , .... '!. .. , $ I , $ I , ~ I , ~ ' ......... .. ...... ~ I ~ , ' ........ I , I , I , I ~ , ,.",,,,, I~ " SCALE: 1-= 60' ! 1 ill • " ,. ,Jt~ .. ,~ ... - , , I i! , I ,i ~ I~ • ; , --BASIS re BEARING HAll 8J/91 g I , CITY (If R£NTON MOOUMUHS • , ... n." " I C.o.R.II851 (BASE; POI"'D AND CO.It,II!S:!. HOWPli!; .. BEARINC ......... Of" SII8"22"n"r FRrn.I COll."es, TO C.Q.R.III152. ..'. '".''' I I 7,,..,26 .. ,, ,...,70 ... " I: -.. o-l f1= -"~ I .> ~---~W·, 'I : ....--....--____ -----"-----.. '>II'" ----'""' ........ ~ l1!.O.CT 0 --",-...:Iti .. I • i ' ~.--IT_.... -"'P- ! I ' i I~ ! i ~ , $ I , . .J~"-" ,..,..' .. " .. I ,--.. " , I I I , I ,t'gl , I , 18 ........ , I , ......... ® f'lJ6UC UlIUTY E.O.SEWOIT I ! I " , ,~-'.-..... @PRJVAlESTORM MAlH EASEMENT I ©I'RIV,o.1E WATER UNE EASEICENT , ~ @lAtdIscot.P£ E~~EMT I , I ®I'1!IVlln:: ACCESS ~T ,....P.. ... " , '.m ..... I , ~ • .v ........ I ~ , , I , ,..;>- I , I * , , i !~ ,_6 ..... I : ~i """" " ~. i' ~-, ,= ..... I , I , I CITY OF RENTON, WASHINGTON RESOLUTION NO. 3880 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (SHY CREEK, FILE NO. LUA-07-002FP). Ff-07·00"2.. 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 PlanningIBuildinglPublic Works Department; and WHEREAS, after investigation, the Administrator of the PlanninglBuildinglPublic Works Department has considered and recommended the approval ofthe final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determine 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, school grounds, 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 ofthe subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTIONll. The final plat is hereby approved pertaining to the following described real estate, to wit: See Exhibit it "A" attached hereto and made a part hereof as if fully set forth RESOLUTION NO. 3880 (The property, consisting of approximately 16.14 acres, is located between Hoquiam Ave. NE and Jericho Ave NE and NE 2nd St. and SE 2nd PI.) Such plat is subject to the laws and ordinances of the City of Renton and subject to the findings, conclusions and recommendation of the PlanninglBuildinglPublic Works Department dated May 22,2007. PASSED BY THE CITY COUNCIL this 4 th day of_----'J"-'u::..:n'-'e'--___ , 2007. Bonnie 1. Walton, City Clerk APPROVED BY THE MAYOR this 4th dayof __ ....:J'-'u!.!!n"'e'---____ ,2007. Approve(J as to form: d ~VJ .e .... t<dW~ Lawrence J. Warren, City Attorney RES.1272:5/25107:ch 2 I RESOLUTION 3880 EXHIBIT A Legal Descriptlon PARCaA: TRACT 25. BLACK LOAM FNE ACRE TRACTS. ACCORDING TO THE PlAT THEREOF. RECORDED IN VOLUME 12 OF PLATS. PAGE 101. IN KING COUNTY. WASHINGTON; EXCEPT THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 25; THENCE SOUTHERlY ALONG THE WEST UNE OF 1441H AVENUE SOUTHEAST. TO THE SOUTIiEAST CORNER OF SAID TRACT 25; THENCE WESTERlY ALONG THE SOUTH UNE OF SAID TRACT A DISTANCE OF 207.00 FEET; THENCE NORTHERLY AND PARAllR WITH THE WEST UNE OF 1441H AVENUE SOUTHEAST. TO A POINT L YlNG 140.00 FEET SOUTH OF THE NORTH UNE OF SAID TRACT 25; THENCE WESTERlY ALONG A LINE PARAlleL TO THE NORTH LINE OF TRACT 25 A DISTANCE OF 48.00 FEET; THENCE NORTHERLY AND PARAllR TO THE WEST LINE OF 1441H AVENUE SOOTHEST, A DISTANCE Of 140.00 FEET TO THE NORTH LINE OF SAID TRACT 25; lliENCE EASTERLY ALONG SAID NORTH UNE TO THE POINT Of BEGINNING. (ALSO KNOWN AS A PORTION Of KING COUNTY LOT ONE ADJUSTMENT NUMBER S90M0088, RECORDED UNDER RECORDING NUMBER 9804090613.) PARCELB: PARCEL C Of KING COUNTY LOT LINE ADJUSTMENT NUMBER S9OMOO88 AS RECORDED UNDER RECORDING NUMBER 9804090613. IN KING COUNTY. WASHINGTON; BSNG A PORTION Of TRACT 25. BlACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF. RECORDED IN VOLUME 12. OF PlATS, PAGE 101,IN KING COUNTY, WASHINGTON. PARCELC: TRACTS 28 AND 29. BlACK LOAM FIVE ACRE TRACTS. ACCORDING TO THE PlAT THEREOF. RECORDED IN VOlUME 12 OF PLATS, PAGE 101.IN KING COUNTY. WASHINGTON. PARCELD: TRACT 32. BLACK LOAM FNE ACRE TRACTS. ACCORDING TO THE PLAT THEREOf, RECORDED IN VOlUME 12 OF PlATS, PAGE 101,IN KING COUNTY,jVASHINGTON. , \ RESOLUTION 3880 RENTON VICINITY MAP Nor TO SCAlE CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS MEMORANDUM Date: To: From: May 31, 2007 City Clerk's Office Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and Indexing by the City Clerk's Office Project Name: Shy Creek Final Plat LUA (file) Number: LUA-07-002, FP Cross-References: LUA06-009 Shy Creek Preliminary Plat AKA's: Project Manager: Michael Dotson Acceptance Date: January 30, 2007 Applicant: Conner Homes Company OWner: Conner Homes Company Contact:· John Skochdopole, Conner Homes Co. PID Number: 0847100108; 0847100107; 0847100115; 0847100140 ERC Decision Date: ERC Appeal Date: Administrative Denial: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: 61-lot plat, construction of storm, sewer, water (W.O. 90), and roadway. Location: 129 Jericho Avenue SE Comments: City o ... enton Department of Planning / Building / Pu. Vorks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Homes PROJECT SITE AREA: 16.14 LOCATION: 129 SUMMARY OF PROPOSAL: 61-lot plat. construction of storm. sewer. water (W.o. 90). and roadway. --' ----.1 A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water U htiG/are Plants Recreation LandiShoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ HistoridCuftural Natural Resources PreseNation .' Airport Environment 10,000 Feet 14,000 Feet " B. POLICY-RELA TED COMMENTS We have reviewed t is application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additio I information is n ed to properly assess this proposal. tL/rJ 2 Datel ~ I '-'", , January 30, 2007 John Skochdopole Conner Homes Company 846 108 th Avenue NE Bellevue, WA 98004 Subject: Shy Creek Final Plat LUA07-002, FP Dear Mr. Skochdopole: CI..-OF RENTON PlanningIBuildingiPublic 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) 430-7304 if you have any questions. Sincerely, Mike Dotson Project Manager --~-----------------------~ ..•. N 1055 South Grady Way -Renton, WashingtoB'98057 .. ',-" . '" ~ This MOP.rc:ont;!ins 50"ft. rn~vc~ ~ri:;'. 30% cost consumer AHEAD OF THE CU'RVE .. 1 City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) TELEPHONE NUMBER AND E-MAIL ADDRESS: NAME: Conner Homes Company 425-646-4438 iohnsk@connerhomes.com ADDRESS: 846 108th Avenue NE PROJECT INFORMATION CITY: Bellevue ZIP: 98004 PROJECT OR DEVELOPMENT NAME: Shy Creek TELEPHONE NUMBER: 425-646-4438 PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: Between SE 2nd Place and NE 2nd Street and between APPLICANT (if other than owner) Jericho and Hoquiam Avenue NE. NAME: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): COMPANY (if applicable): Conner Homes Company Parcel A -084710-0108, Parcel B -084710-0107, Parcel C -084710-0115, Parcel D -084710-0140 ADDRESS: 846 108th Avenue NE EXISTING LAND USE(S): Single-Family Residential CITY: Bellevue ZIP: 98004 TELEPHONE NUMBER 425-646-4438 PROPOSED LAND USE(S): Single-Family Residential CONTACT PERSON EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Residential Low Density NAME: John Skochdopole PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): Residential Low Density COMPANY (if applicable): Conner Homes Company EXISTING ZONING: R-4 PROPOSED ZONING (if applicable): R-4 ADDRESS: 846 108th Avenue NE SITE AREA (in square feet): 703,058 CITY: Bellevue ZIP: 98004 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 109,058 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 5,159 Q:web/pw/devserv/forms/p\anninglmasterapp.doc 12/07/06 , OJECT INFORMA TION (co lued) PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if ACRE (if applicable): 4.57 dulac applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NUMBER OF PROPOSED LOTS (if applicable): 61 NEW PROJECT (if applicable): PROJECT VALUE: $45.750.000 NUMBER OF NEW DWELLING UNITS (if applicable): 61 IS THE SITE LOCATED IN ANY TYPE OF NUMBER OF EXISTING DWELLING UNITS (if applicable): ENVIRONMENTALLY CRITICAL AREA. PLEASE INCLUDE Two existing single-family homes and various out- SQUARE FOOTAGE (if applicable): buildings to be demolished. 0 AQUIFER PROTECTION AREA ONE SQUARE FOOTAGE OF PROPOSED RESIDENTIAL 0 AQUIFER PROTECTION AREA TWO BUILDINGS (if applicable): To be determined. SQUARE FOOTAGE OF EXISTING RESIDENTIAL 0 FLOOD HAZARD AREA sq. ft. BUILDINGS TO REMAIN (if applicable): None. 0 GEOLOGIC HAZARD sq. ft. SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL 0 HABITAT CONSERVATION sq. ft. BUILDINGS (if applicable): N/A 0 SHORELINE STREAMS AND LAKES sq. ft. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL &+a I BUILDINGS TO REMAIN (if applicable): N/A ;~ii!i~ WETLANDS and Streams sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE NE QUARTER OF SECTION~, TOWNSHIP ...n..... RANGE~. IN THE CITY OF RENTON. KING COUNTY. WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: Final Subdivision Approval Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Conner Homes Company , declare that I am (please check one) L the current owner of the property Involved in this application or __ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained a d the infonnation herewith are in all respects true and correct to the best of my knowledge and belief. I certify that I know or have satisfactory evidence that CIv.t(V r:: Co"t\l,r (Signature of Owner/Representative) (Signature of Owner/Representative) Q:webipw/devserv/forms/planning!rnasterapp.doc signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington 2 -• PROJECT INFORMATION (coni ed) Notary (Print) ~c<---\\~ \). (Olp\ My appointment expires: __ J.I.l.OL _' J;dL '1,---' 6~'\. __ _ Q:wcb/pw/devserv/forms/planninglmasterapp.doc 3 12106106 DEVELOPMENT SERVICES DIVIS WAiveR OF SUBMITTAL REQLm{EMENTS FOR LAND USE APPLICATIONS This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section 3. Building Section PROJECT NAME: Shy Cveelc. r f DATE: BJ2cc 66 4. Development Planning Section Q:\WEB\Pw\OEVSERv\Forms\Planning\waiverofsubmlttaJreqs_9-06.xls 09106 ELOPMENT SERVICES DIVISION WAIVER Or-SUBMITTAL REQUIREI'fIl:NTS FOR LAND USE APPLICATIONS Statement 2 AND 3 Inventory of Sites Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 of View Area 2 AND 3 Photosimulations 3 This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section PROJECT NAME: _S~hu:-t-'C....:..!...>VIe"""ck,,,-=-~F,-,I_J __ 3. Building Section DATE: _---"'2f"'-.LtA.:::.CC~O:....:<5=----___ _ 4. Development Planning Section Q;IWEBIPWlDEVSERVlFonnsIPlanninglwaiverofsubmittalreqs_9-06.xls 09106 MAILBOX REQUIREMENTS NOTICE FOR ALL NEW PLATS AND SHORT PLATS city of Renton Development SeMces DiVision 1055 South Grady Way-Renton, WA 98055 Phone: 425430-7200 Fax: 425-430-7231 TIle Post Office wants to be ilWOlved in helping you locate your mailboxes before construction begins. Please take a copy of your plat map along with this foon to the City of Renton Post Office, 314 Williams Avenue South, for their sign-off. Please subm~ a signed copy of this foon with your application. Property Location: 1M ~ER\(,\:\o ttvEIV ve Sf Owner's Name: CotJl'le\l" Hc.mES Cem1Af.!X land Use Application Number: L U A oro -00'\ Phone Number: 41 r -~5) -4l'Z.!JO Cof"'iotCl"' ?I\IIL O~~t> Post Office Approval~ ,jCl£.n~"'\'OMOate:: __ ~4~"g: 09/2412003 DENSITY WORKSHEET 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. 703,058 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: 109,507 square feet 5,159 square feet 6.431 square feet 2. 121,097 square feet 3. 581,961 square feet 4. 13.36 acres 5. 61 unitsllots 6. Divide line 5 by line 4 for net density: 6. 4.57 = dwelling units/acre 'Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or f1oodways_" Critical areas buffers are not deducted/excluded_ •• Alleys (public or private) do not have to be excluded. P:\PROJECfS\03I 85\Final Plat\density03-185 ,doc Last updated: 12/0512006 1 • Lee Ann Fraser From: Sent: To: Subject: Michael Moody Wednesday, December 20,200610:12 AM Lee Ann Fraser FW: Shy Creek public works approval -----Original Message----- From: Michael Dotson [rnailto:Mdotson@ci.renton.wa.lls] Sent: Tuesday, December 12, 2006 11:46 AM To: Michael Moody Cc: Arneta Henninger; Kayren Kittrick; Laureen Nicolay Subject: Re: Shy Creek public works approval Hi Michael, 0 7-,>-\~S .::; D ~ CueeL \\ 'YlA-bl IL LJDllLS :A ~OU'-'Ll (, As we discussed on the phone, there's currently not a process (deferral or otherwise) to submit for Final Plat prior to substantial completion of the utility and road improvements. And I do not believe there's any advantage to prematurely submit for Final Plat. The plat cannot be recorded prior to final inspection, as-built drawings, and City Council Approval. None of these can occ\Jr until the construction is complete. Contrarily it may be a disadvantage to make an early submittal for Final Plat. As you know the installation and construction of utility improvements may encounter obstacles that could require the configuration of lot lines to change. This may entail adjusting the plat and dictate a re-review of the plat document. We would like to avoid this situation. However, with the aforementioned in mind, you may submit for final plat. The Planner who does the in-take for the FP application will request that you have Public Works approval. I am providing that approval with this email. Please let me know if you have any questions. Thanks, Mike Michael D. Dotson Engineering -Plan Review email: mdotson@ci.renton.wa.us Office # 425-430-7304 Fax # 425-430-7300 »> "Michael Moody" <rnmoody@triadassoc.com> 12/11/06 7:51:44 AM »> Good morning Mike, The next step for us in the process is submitting the Final Plat for the project. The City requires confirmation from Public Works ~hat the required improvements have been substantially installed or deferred. Can you help me obtain this deferral? I'm assuming that since we have approved plans for the improvements but the construction is not substantially complete that a deferral would be what we need. Please let me know if you have any questions. Thank you, Michael A. Moody, PE I Project Engineer Triad Associates 12112 115th Ave NE, '. '\ Kirkland, WA 98034 .,r·· P: 425.821.8448 1 • F: 425.821.3481 E: mmoody@triadassoc.vorn <rnailto:mmoody@triadassoc.com> W: www.triadassoc.com <http://www.triadassoc.com/> Land Development Consultants 2 > December 06, 2006 City of Renton 1055 S Grady Way, 6th Floor Renton, W A 98055 RE: Confirmation of Compliance with all Conditions of Plat Approval Shy Creek Final Plat City of Renton File Number: LUA06-009, PP, ECF To Whom It May Concern: IIRJAP ---~ p 1211211S(hAVl2nucNE Klrkicmd, WA 98034-6929 425.821.8448 ~2SR2L3481 f:1x 800.4880756 10'1 free 'VVVVVV triadassoccom The final plat of Shy Creek has been designed to comply with all conditions of preliminary plat approval granted under City of Renton tile no. LUA06-009, PP, ECF. Conditions of approval are presented below, and our statement of compliance with each is italicized bold: 1. The applicant shall comply with all requirements of the Determination of Non-significance -Mitigated that was issued by the Environmental Review Committee on April 25, 2006. a. The applicant shall comply with the recommendations found in the geotechnical report prepared by Earth Consultants, Inc. dated February 1,2005. The Road, Storm water and Sewer plans approved by the City on October 31,2006, contain site preparation, clearillg alld grading plans that comply with the recommendations in this report. Note referencing the geotechnical report is found on Sheet 5 of the Road, Storm water and Sewer Plans. b. The applicant shall be required to provide a Topography Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the Storm water Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of Construction Permits. This condition shall be subject to the review and approval of the Development Services Division. Sheets 3,4 and 70fthe Road, Storm water and Sewer plans approved by the City of Renton on October 31,2006 contaill a TESCP designed pursuant to Ecology's ESC requirements. c. The detention system for this project shall be required to comply with the requirements found in the 2005 King County Surface Water Design Manual. The detention system is designed to comply with the requirements of the 2005 King County Surface Water Design ManuaL Reference the Technical Information Report by Triad Associates dated March 22, 2006 and the Road, Storm water and Sewer Plans approved by the City on October 31, 2006. \ -, ' -; ,,- Land Development Consultallts Page 2 City of Renton Development Services Division December 8, 2006 d, The applicant shall be required to relocate the proposed 60-foot wide entrance to the plat to a location where the well and its associated buffer would not be impacted, The relocated plat entrance is shown on Sheet 5 of 6 of the Final Plat map, e, The applicant shall pay a Parks Mitigation Fee based on $530.76 per each new single family lot. Parks mitigation fee will be paid prior to Final Plat approval. f. The proposed project shall comply with the recommendations found in the Traffic Impact Analysis prepared by Transportation Engineering Northwest dated January 26, 2006 including the payment of a Traffic Mitigation Fee in the amount of $75.00 per net new average daily trip. Payment of mitigation fees is the only recommendation in this report. Impact fees will be paid prior to Final Plat approval. g. Staff recommends that the applicant pay a Fire Mitigation Fee based on $488.00 per new single family lot. Fire mitigation fees will be paid prior to Final Plat approval. 2. Demolition permits shall be obtained and all inspections completed on the demolition of the existing residences and detached accessory structures prior to final plat approval. This condition will be satisfied prior to final plat approval. 3. A revised landscape plan shall be submitted prior to final plat approval to the Development Service Division project management for rcview and approval. The revised landscape plan shall identify a 5-foot planting strip along the street frontage of the proposed "looped" road in addition to the perimeter roads and shall show two trees within the front yard areas of all lots within the proposed subdivision. A revised landscape plan complying with this condition is included in this Final Plat application for City review. 4. The applicant shall be required to place "No Parking" signage along the 26-foot wide private access easement prior to final plat approval. This condition will be satisfied prior to final plat approval. 5. A homeowner's association or maintenance agreement shall be created concurrently with the recording ofthe final plat in order to establish maintenance responsibilities for shared roadway, stormwater and utility improvements. A draft of the document(s) 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 the recording of the final plat. A draft of the CCRs and Homeowners Association rules are included in this Final Plat application for City review. 6. A revised stream mitigation plan incorporating the comments from the Watershed Co., dated April 27, 2006, shall be submitted at the time of Utility Construction Permit Application, for review and approval hy the Development Services Division Project Manager. ~. . Page 3 City of Renton Development Services Division December 8, 2006 Reference sheets W1 through 4 submitted with the Road, Storm water and Sewer Plans approved on October 31,2006. 7. Mitigation shall be required for the impacts proposed to Wetland B. A detailed mitigation plan for the impacts proposed to Wetland B shall be submitted at the time of Utility Construction Permit Application to the Development Services Division Project Manager for review and approval. Reference sheets W1 through 4 submitted with the Road, Storm water and Sewer Plans approved on October 31,2006. 8. A bottomless box culvert with tootings located outside of the stream channel shall be the stream crossing method required for the crossing located on the east side of the project site. Reference sheets 8 and 9 of the Road, Storm water and Sewer Plans approved by the City on 1013112006. 9. A Native Growth Protection Easement shall be recorded over Tracts B, C and F prior to or concurrent with the recording of the tinal plat map. Reference Notes 4 and 7 on page 2 of 6 on the Final Plat map. 10. The edge of the wetland and stream bufTers shall be delineated with a split rail fence and identified with signage as approved by the Development Services Division Project Manager. A fencing and signage detail shall be submitted to the Development Services Division project manager at the time ofUtiIity Construction Permit Application for review and approval. The fencing and signage shall be installed prior to the recording of the final plat. Reference Final Landscape plan included in this Final Plat application for City review. II. The stormwater detention tract (Tract G) shall be landscaped and irrigated (unless drought tolerant plants are used) appropriately. In addition, the stormwater detention tract shall be fenced with a 6-foot solid wood fence. The applicant shall submit a landscape plan and fencing detail for the review and approval of the Development Services Project Manager prior to recording of the plat. Reference Final Landscape Plan included in this Final Plat application for City review. Sincerely, TRIAD ASSOCIATES 8(J<2...-~'''' ~ V'.-v Lee Ann Fraser Planning Technician Cc: John Skochdopole, Conner Homes enclosures • Kathy Kooiker, Mayor April 28, 2006 Mlck Matheson Triad Associates 12112115thAvenue NE Kirkland, WA 98034 SUBJECT: Shy Creek Preliminary Plat LUA06-oo9, PP, ECF Dear Mr. Matheson: 03-/6S CIT--OF F ~NTON • Planning/BuildinglPublic Works Department . Gregg Zimmerman P.E., Administrator This letter is written on behalf of the Environmental Review Committee (ERC) to advise you that they have completed their review of the subject project and have issued a threshold Determination of Non- Significance-Mitigated with Mitigation Measures. Please refer to the enclosed ERC Report and Decision, Seetlon C for a list of the Mitigation Measures. Appeals of the environmental determination must be filed In writing on or before 5:00 PM on May 15, 2006. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.B. Additional information regarding the appeal process may be obtained from the Re~ton City Clerk's Office, (425) 430-6510. A Public Hearing will be held by the Renton Hearing Examiner in the Council Chambers on the seventh floor of City Hall, 1055 South Grady Way, Renton, Washington, on May 23, 2006 at 9:00 AM to consider the Preliminary Plat. The applicant or representative(s) of the applicant is required to be present at the public hearing. A copy of the staff report will be mailed to you one week before the hearing. If the Environmental Determination is appealed, the appeal will be heard as part of this public hearing. The preceding information will assist you in planning for implementation of your project and enable you to exercise your appeal rights more fully, if you choose to do so. If you have any questions or desire clarification of the above, please call me at (425) 430-7219. For the Environmental Review Committee, ~. 1{12' Jill K. Ding Associate Planner U cc: John Skochdopole, Henry B. & Diane L. Kamphaus, J. Alain Smith, Gary C. & Judy H. Hasting I Owner(s) Pamela Sommerville I Party(ies) of Record Enclosure -------------IO-s-s-So-u-fu-ili--oo-y-W-.-y---R-en-to-n-,W--M-hi-n~--on--98-0-SS-------------~ * This paper contains 50% recycled material, 30"/0 post CXlI1$UI'T1ef AHEAD OF THE CURVE Kalby KI;oJker, Mayor April 28, 2006 Mlck Matheson Triad Associates 12112 115th Avenue NE Kirkland, WA 98034 SUBJECT: Shy Creek Preliminary Piat LUA06-009, PP, ECF Dear Mr. Matheson: . ()7-/B~ CITY iF I{ :NTON . PlanningIBuildinglPublic Works Department . Gregg 7JmmermaD P.E., Admlaistrator This letter is written on behalf of the Environmental Review Committee (ERC) to advise you that they have completed their review of the subject project and have issued a threshold Determination of Non· Significance-Mitigated with Mlligation Measures. Please refer to the enclosed ERC Report and Decision, SectIon C for a list of the MItigation Measures. Appeals of the environmental determination must be filed In writing on or before 5:00 PM on May 15.2006. Appeals must be filed In writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code SectIon 4-8-110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. A Public Hearing wUl be held by the Renton Hearing examiner In the Council Chambers on the seventh floor of CIty Hall, 1055 South Grady Way, Renton, Washington, on May 23, 2006 at 9:00 AM to consider the Preliminary Plat. The applicant or representative(s) of the applicant is required to be present at the public hearing. A copy of the stafI report will be mailed to you one week before the hearing. If the Environmental Determination is appealed, the appeal will be heard as part of this public hearing. The preoedlng Information will assist you in planning for implementation of your project and enable you to exercise your appeal rights more fully, if you choose /0 do so. If you have any questions or desire clarification of the above, please call me at (425)430·7219. For the Environmental Review Committee, ~. 1{,;t2. . Jill K, Ding ~ Associate Planner V cc: John Skochdopole, Henry B. & Diane L. Kamphaus, J. Alain Smith, Gary C. & Judy H. Hasting I Owner(s) Pamela Sommerville I Party(les) of Record Enclosure ------------I-05-5-S-00-th-ili--oo-y-W-a-y-.R-e-nt-oo-,-W-wm--in-~-oo--98-0-55------------~ Ci) ThIa papercontans 50% reqded material, 30% post conaurner AHEAD OF THE CURVE ., o o 03 -/85 City of Renton STAFF REPORT Department of Planning / Building / Public Works ENVIRONMENTAL REVIEW COMMITTEE A. BACKGROUND ERC MEETING DA TE Project Name: Applicant: File Number: Project Manager: Project Description: Project Location: Exist. Bldg. Alea gsf: SiteAtea: RECOMMEND A TlON: Project Location Map April 25, 2005 Shy Creek Preliminary Plat Conner Homes Co., John Skochdopole LUA-06-009, ECF, PP Jill K Ding, Associate Planner Applicant proposes to subdivide an existing 703,058 square foot (16,1 acre) site into 61 lots and 7 tracts. The site is located within the Residential - 4 dwelling unit per acre (R-4) zoning designation. An existing residence and associated detached accessory structures are proposed to be removed. The proposed lots would range in size from 7,200 square feet to 9,644 square feel Access to the proposed lots would be provided via an internal access 'looped' road. A Class 4 stream with a required 35-foot buffer and Category 3 wetland with a 25-foot required buffer are located on the subject site. Two stream crossings are proposed, approximately 418 feet of stream are proposed to be relocated, and a reduction in the stream buffer width down to 25 feet is also proposed. In addition approximately 0.4 acres of wetland are proposed to be filled. Mitigation for the wetland and stream impacts would be provided onsite. (Project Description continued on next page). 129 Jericho Avenue NE (parcel nos. 084710-0108, 084710-0115, 084710- 0107,084710-(140) NJA 703,058 sf (16.1-acres) Proposed New Bldg. Atea: Total Building A tea gsf: NJA NJA Staff recommends that the Environmental Review Committee issue a Determination of Non-5igniflcance -Mitigated (DNS-M). SITE , . , . RYPLAT Envll1 ,ntal Review Committee Staff Repotl . ' " , LUAOf-009 ECF. PP : REPORT OF AptI/25, 2008 Pege20fB A. PROJECT DESCRJPnON (CONT.) The 16.1-acre site Is bounded on the south by SE r Street on the north by NE 2nd Street on the east by Jericho Avenue NE and on the west by Hoquiam Avenue NE. The subject site is currently developed with two single family residences and associated outbuildings. Existing development within the vicinity of the site includes predominantly detached single family housing located within the Residential - 4 dwelling units per acre (R-4) zone. The City's critical areas maps identify a Class 4 stream. In addition, one Category 3 wetland was identified on the subject site. The applicant Is proposing to subdivide the subject site into 61 single family residential lots ranging in size from 7,200 square feet to 10,363 square feet with a resulting net density of approximately 4.57 dwelling units per acre (16.1 gross acre site -2.78-acres combined sensitive areas, private access easements, and public roadways = 13.36 net acre 61 units / 13.36 net acre = 4.57 dulac). Landscape, roadway, utility improvements and 7 utility/open space tracts would be established with the plat. Access to the project Is proposed via a 42·foot wide "looped" intemal access road off of Jericho Avenue NE, Hoquiam Avenue NE, and NE ']!"I Street. Project construction would require grading and excavation activities throughout the site for the installation of new building pads, roadways, and utilities. Preliminary earthwork quantities are estimated at approximately 52,872 cubic yards of cut and 35,104 cubic yards of fill. In addition, the applicant has proposed to retain 81 or 25% of the slgnlflcant trees identlflad on the subject site. B. RECOIIIIENDAnoN Based on analysis of probable Impacts from the proposal, staff reconvnendS that the Responsible OffIcIals make the following Environmental Detennlnatlon: DETERMINAnON OF NON-SIGNIRCANCE Issue DNS with 14 day Appeal Period. Issue DNS with 15 day Comment Period with Concurrent 14 day Appeal Pertod. C. MmGAnON MEASURES DETERMINAnON OF XX NON -SIGNIRCANCE -MmGATED. XX Issue DN8-M with 14 day Appeal Period. Issue DN8-M with 15 day Comment Period with Concurrent 14 day Appeal Period. 1. The applicant shall comply with the recommendations found in the geotechnical report prepared by Earth Consultants, Inc. dated February 1, 2005. 2. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the Stormwater Management Manual and provide staff with a Construction Mitigation Plan prtor to Issuance of Construction Permits. This condition shall be subject to the review and approval of the Development Services Division. 3. The detention system for this project shall be required to comply with the requirements found in the 2005 King County Surface Water Design Manual. 4. The applicant shall be required to relocate the proposed 6O-foot wide entrance to the plat to a location where the watland and Its associated buffer would not be Impacted. 5. The applicant shall pay a Parks MItigation Fee based on $530.76 per each new single family lot. ·, • CIty of Renton P/BIPW Deparlmel SHY CREEK PREUMINARY PLA T REPORT OF Apifl25, 2006 o ironman/a/ ,.,-" Commi/Iae Staff Reporl 'V' LUAOU09 ECF PP Page 3ot8 6. The proposed project shall comply with the recommendations found in ttie Traffic Impact Analysis prepared by Transportation Engineering NorthWest dated January 26, 2006 including the payment of a Traffic Mitigation Fee in the amount of $75 per net new average daily trip. 7. Staff recommends that the applicant pay a Fire Mitigation Fee based on $488.00 per new single family lot. D. ENVIRONMENTAL IMPACTS In CQmpllance with RCW 43.21 C. 240, the following project environmental review addresses only those project Impacts that are not adequately addressed under exlsUng development standards and environmental t8f1ulaUons. 1. Earth I Environmental Health With the project application, the applicant submitted a Geotechnical Report prepared by Earth Consultants, Inc. dated February 1, 2005. According to the report the site topography on the southwest portion of the site descends southwest to west at between a 10 and 20 percent grade. On the southeastem and northem portions 01 the site are two relatively level areas sloping at gradients less than 5 percent, which are bisected by the stream. The southeastern and northem portions of the site descend to the southwest. According to the USDA Natural Resource Conservation Service maps for King County, the site is underlain by A/derwood gravelly sandy loam. The subsurface conditions of the site were evaluated by the excavation of 10 test pits on the subject site. The test pits were excavated to a depth of 11 feet below grade. The test pit locations on the northern portion of the site had a 6-12 inch layer of topsoil and either grass or duff. The test pit locations on the southern portion of the site had a 1.5 to 3-foot topsoil layer. Below the topsoil and vegetative layer in Test Pits 3, 4, and 6-10 was a surficial layer of loose silty sand over weathered to unweathered glacial till comprised of silty sand with gravel. Below the topsoil and vegetative layer In Test Pits 1 and 2 was a layer 01 poorly graded gravel with sand over glacial till. Underlying the topsoil and vegetative layer in Test Pit 5 was a zone of medium dense silt to medium dense poorly graded sand to a depth 0/ 8 feet. The silt and sand was underlain by glacial till. The applicant's SEPA checklist indicates that earthwork activities are estimated at 52,872 cubic yards of cut and 35,104 cubic yards of fill in order to create the appropriate grades for the installation of building pads, roadways, and utilities. The geotechnical report provides recommendations for site preparation and earthwork, slope fill placement, foundations, slab-on-grade floors, retaining walls, seismic design, excavations and slopes, drainage, utility support and back fill, and pavement areas. Staff recommends a mitigation measure requiring the applicant to comply with the recommendations found in the geotechnical report prepared by Earth Consultants, Inc. dated February 1, 2005. Due to the potential for erosion to occur from the subject site, staff recommends a mitigation measure that requires the applicant to comply with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the Stormwater Management Manual. Mitigation Measures: 1. The applicant shall comply with the recommendations found in the geotechnical report prepared by Earth Consultants, Inc. dated February 1, 2005. 2. The applicant shall be required to provide a Temporary Erosion and Sedimentation Controi Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the Stormwater Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of Construction Permits. This condition shall be subject to the review and approval of the Development Services Division. Nexus: SEPA Environmental Regulations CltyofRenton~ SHY CREEK P,'fPLAT REPORT OF Apt112S, 2006 2. Water -StreamlWetlands o Envill ttJtaI Review CommIItee Staff RePort WAQ6.IJOlI. ECF, pp' : P8(Je4of8 A Wetland Report prepared by 8-12 ConsuHing, Inc. dated January 18, 2006 and a Supplemental Stream Study dated January 24, 2006 and Stream MItIgation Plan dated March 22, 2006 prepared by Cadarock Consultants, Inc. were submitted with the project application. The stream report identifIeS a Class 4 stream with a required 35-foot buffer and the wetland report identifies a category 3 wetland that is hydrologically connected to the stream. category 3 wetlands require a 25-fool buffer. A Class 4 stream requires a 35-foot buffer; however the applicant has proposed a reduced buffer down to 25 feet In exchange for enhancement of the stream buffer. The applicant Indicated In the SEPA Checklist that approximately 154 feet of stream impacts would occur as a result of the proposed culvert Installations for 2 proposed stream crossings. However, staff received comments from the Muckleshoot Tribe (Karen Walter) which Indicate that the 154 feet of stream impacts Is incorrect and that the actual amount of stream impacts due to the Installation of the two proposed culverts would be 204 feel In addition a portion of the stream where It enters the property on the eastem property line Is proposed to be moved due to the relocation of the existing stormwater culvert located within Jericho Avenue NE from which the stream Is flowing, this impact was not quantified In the SEPA Checklist or In the appllcanfs stream report but is identified on the utility plans staff estimates the amount of Impact at Z1 feet. The applicant also identified 418 feet of impacts to the ditch located on the southern portion of the west property line, however aooording to the Clty's cr1tica1 areas maps and the appllcanfs stream study the ditch Is canylng water from the CI8ss 4 stream and should therefore be identified as a CI8ss 4 stream. Therefore, the 418 feet of Impacts to the ditch would be 418 feet of Impacts to a Class 4 stream, which would require mitigation. It appears that the applicant has propos8d 649 feet of Impacts to the CISss 4 stream. A mitigation plSn for the proposed stream buffer Impacts was submitted with the project application. The applicant will be required to c:orr.,Iy with RMC 4-3-050 Critical Areas regulations for mitigation for any impacts pennitted to the stream and Its buffer. Staff has informed the applicant that the CIty may be wttllng to support the proposed stream crossing located on the westem portion of the sHe, but would not likely support the second crossing located on the eastem portion of the site. The Karen WaHer of the Muckleshoot Tribe also had concerns with regards to the classification of the stream as a non-flsh bearing seasonal stream (email correspondence attached). She fears that the proposed buffer reduction may damage potentially existing fish populations and that the proposed stream crossings should be required to comply with the WDFW fish passage regulations (email correspondence attached). In eddltlon, the applicant has proposed to fill 1,713 square feet of the Category 3 wetland for the construction of a 60-foot wide entrance to the project sHe and a crossing of the stream. A mitigation plan was submitted with the project application Indicating that 1,713 square feet of wetlSnd creation would be installed within the stream buffer north of the existing wetland area. Staff has Info.rmed the applicant that it Is not likely that the proposal for filling of the wetland would be supported, however If the wetland fill were supported the applicant would be required to comply with RMC 4-3'()50 Critical Areas regulations for wetland Impacts. The wetland and stream studies and mitigation plans have been sent out to an outside consultant for secondary review to verify the classification and delineation of the wetland and to review the proposed mitigation for the wetland and stream impacts. The results of that review are pending. Mitigation Measures: The applicant shall be required to relocate the proposed 60-foot wide entrance to the plat to a location where the wetland and its associated buffer would not be Impacted. NexuS: NlA 3. Water -Stormwatar A Preliminary Technical Information Report prepared by Triad Associates dated March 22, 2006 was submitted with the application materials. According to the report existing stormwater runoff flows Into the existing onslte stream. 8lC1J>tshycreek.doc " CIty of Renton PJB.o1>W Depaltmei SHY CREEK PREUMINARY PLA. REPORT OF Aptf/25. 2006 o lronmenta/O Committee Staff Reporl LUA06-OO9, ECF. PP Page 5of8 The proposed method of drainage control as indicated by the stonn drainage report prepared by Triad Associates would be a wetpond. The wetpond would be located within a stonn drainage tract (Tract G) on the southwestem portion of the property. The wetpond was sized in compliance with the 2005 King County Surface Water Design Manual and will release water per the Level 2 Flow Control Standard. The CIty's Plan Review Section has reviewed the submitted drainage report and is recommending a mitigation measure that would require the project to comply with the 2005 King County Surface Water Design Manual. The report and design submitted with the application appear to have complied with the 2005 design requirements. Mitigation: The detention system for this project shall be required to comply with the requirements found in the 2005 King County Surface Water Design Manual. Nexus: SEPA Environmental Regulations, King County Surface Water Design Manual 4. Plants The site is currentty vegetated with tall grass, localized areas of Himalayan blackberry, and a total of 631 trees of which 323 are considered "protected trees". A total of 25% or 81 of the Identified ·protected trees" would remain on slle. The proposed dearing limits encompass all of the proposed lots and the proposed roadways. Additional areas outside of the proposed lots and roadways would be cleared for the Installation of utility lines (stonn drainage and sewer). Mitigation: No further mitigation is recommended Nexus: SEPA Environmental Regulations 5. Recreation The proposal does provide some on-slte recreation areas for future residents of the proposed plat within proposed Tracts 0 and E. II Is anticipated that the proposed development would generate future demand on existing CIty parks and recreational facilities and programs. Therefore, staff recommends a mitigation measure requiring that the applicant pay a Parks Mitigation Fee based on $530.76 per each new single- family lot The fee is estimated at $32,376.36 (61 lots x $530.76 = $32,376.36) and is payable prior to the recording of the final plat. Mitigation: The applicant shall pay a Parks Mitigation Fee based on $530.76 per each new single family lot. Nexus: SEPA Environmental Regulations 6. Transportation Access to the project would be provided via a 42-foot wide "looped" residential access road off of Jericho Avenue NE, Hoquiam Avenue NE, and NE 2M Street. The City's street standards require that residential access roads have a right-of-way width of 42 feet with 32 feet of paving, sidewalks, curb and gutter, and street lighting. . A Traffic Impact Analysis (TIA) prepared by Transportation Engineering NorthWest dated January 26, 2006 was submitted with the project application. According to the TIA, the proposed project would result In the addition of 565 net new daily trips with 44 trips (11 entering, 33 existing) occurring during the a.m. peak hour and 60 trips (38 entering, 22 exiting) occurring during the p.m. peak hour. The TIA recommended the payment of $75 for each new net dally trip, which would result in the payment of $42,375 (565 net new daily trips x $75 = $42,375). It Is antiCipated that the proposed project would result in impacts to the City's street system. Therefore, staff recommends a mitigation measure requiring the applicant to comply with the recommendations found in the Traffic Impact Analysis prepared by CIty 01 Renton Pr:;nttment SHYCI!iEK~PLAT REPORT OF AprI2S, 2006 o Enllh IIItBI Rel'lew CommIttee steff RePort WA06-OO9, Eel', pp' : Page 6018 Transportation Engineering NorthWMt dated January 26, 2006 including the payment of a Traffic Mitigation Fee In the amount of $75 per net new average dally trip prior to the recording of the final plat Mitigation: The proposed project .shall comply with the recommendations found In the Traffic Impact Analysis prepared by Transportation Engineering NorthWest· dated January 26, 2006 Including the payment of a Traffic Mitigation Fee in the amount of $75 per net new average daily trip. Nexus: SEPA Environmental Regulations 7. Emergency Services The proposal will add new residential units to the City that will potentially impact the CIty's Police and Are Emergency Services. Staff recommends a mitigation measure requiring the applicant to pay a Fire Mitigation Fee, based on $488.00 per new single family lot. The fee is estimated at $28,792. Mitigation: Staff recommends that the applicant pay a Fire MItIgation Fee based on $488.00 per new single family lot. Nexus: SEPA Environmental Regulations E. COMMENTS OF REVIEWING DEPAR11IENTS The ptOpOsal ha. been circulated to CIty ".,..,.""."fIIl I DMsIonaI RevIeweTs fOI" their review. WheN applicable, these comments have been /ncorponIted Into the fut of this ,."., as Mlllgation AfeasU18S and/or Advisory Notes to Applicant. ....L.-CopIes of aU Review Comments are confll/ned In the OffIcIal Rie. __ CopIes of aU Review Comments are attached to this repott. Environmental Determination Appeal Pf0C8!8 Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. May 15, 2008. Appeals must be med in writing together with the required $75.00 application fae to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by the City of Renton Municipal Code SectIon 4-8- 110.8. AddItIonal Infonnat/on regarding the appeal process may be obtained from the Renton CIty Clerk's OffIce at (425) 430-6510. Advl8OI'/ Notes to ApplIcant: The following notes are .upplementallnfotmatlon provided In conjunction with the enif/ronmenflll .fwm/nat1on. Because these notes are provided a. Infonnatlon only, they are not subject to the a""..1 process for envlronmenflll detemrlnatlons. Planning 1. RMC section 4-4-03O.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services DMslon. 2. Commercial, multi-familY, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Seturdays shall ba restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. 3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that Is graded or cleared of vegetation and where no further construct/on work will occur within ninety (90) days. Alternative measures such as mulch, sodding. or plastic covering as specified In the current King County SUrface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 15t and March 31st of each year. The Development Services Division's approval of this work Is required prior to final Inspection and approval of the permit. 4. Two omamental trees, a minimum caliper of 1-112 inches (deciduous) or 6 - 8 feet in height (conifer), shall ba planted or retained within the 15-1oot front yard setback area for the proposed lots. 5. The minimum amount of landsca In uired for sites abuttln a non-arterial ublic street is 5 feet erctp,-shyaeek.doc " '., City of Renton PIM'W Deperltm SHY CREEK PREUIlllNARY PI.A T REPORT OF AptfI25, 2006 o 'ironment81 Rf"w CommIttee Staff Report . V' LUAOf-009, ECF, PP Page 7018 provided that if there Is additional undeveloped right-of-way in excess of 5 feet, this shall also be landscaped. A determination has been made that if no additional area is available within the public right-of-way due to required improvements, the 5-foot landscaped strip may be located within private property abutting the public right-of-way. The landscaping proposed shall either consist of drought resistant vegetation or shall be irrigated appropriately. 6. A detailed landscape plan complying with the requirements set forth under RMC 4-8-1200 shall be submitted at the time of Final Plan review for review and approval by the Development Services Division Project Manager. Fire 1. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3,600 square feet in area (including garage area), the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the struclures. 2. Street address must be visible from a public street 3. Existing and new hydrants will be required to be retrofitted with a Storz "quick disconnect" fitting. Plan Review -Surface Water 1. Pipe sizing calculations for the creek crossings were not included in the TIR submitted with the application. These calculations will be required and reviewed when the civil engineering plans are submitted for construction permits. 2. Surface Water System Development Charge is $759 per new dwelling unit. This fee is due with the construction permit. 3. Fish and Wildlife and Department of Ecology permits will be required. Plan Review -water 1. A certificate of water availability from WD 90 will be required. All fire protection shall comply with City Code (i.e. hydrants with storz fittings, 1000 gpm min required for homes Jess than 3500 square in area, etc.) In accordance with the Fire Department requirement (prior to recording the subdivision), at a minimum, one hydrant within 300 feet of any proposed single-family structure is required. Additional fire flow and hydrants are required if the total square footage of the new single-family structures are greater than 3600 square feet (including garage area). Plan RevIew -Sanitary Sewer 1. Tha sewer main must be extended to the boundaries of the plat. There was a short section missing from the plans submitted with the application. Therefore a section from the northemmost terminus of the sewer main shown on the plans (aiong Jericho Ave NE) will need to be extended to the northernmost boundary. 2. A lift station will be required to service portions of the plat. Tha preliminary location of the lift station shown on the plans is not approved. The site and specifications are being discussed with the Wastewater Engineering Supervisor. Finai decision is pending at this time. 3. A Sewer Assessment District (East Renton) fee in the amount of $316.80/per unit is due at the time a construction permit Is issued. 4. The Sewer System Development Charge is $1,017 per new single-family residence. This fee is due with the construction permit. 5. Prior to recording the plat, any existing septic systems must be abandoned in accordance with the King County Department of Health regulations. plan Review -Transportation 1. All new electrical, phone and cable services must be underground. Construction of these franchise utilities must be inspected and approved by a City of Renton public works Inspector prior to recording of the short plat. 2. Per City of Renton code required to install curb, gutter, street lights and sidewalks, along the frontage of the parcels being developed. () Plan Rey!,w -General 1. All plans shall conform to the Renton Drafting Standards. property SeNices 1. To be sent under separate cover. arcrpLshycreek.doc . . EnvIrr. rrta/ Review CommIttee Staff Report LUAOf.OOt-ECF-PP . PeQe BofB . " .' ;, . : .k: .4.-~ . T •. { ". ._ •. IM" " I I ~ J • i rl :: t If • ~ !~il -----~~ II '.': t. • I _ ...... . , BillJO AHS -- '. , , o -----~~ ...... -. - ....... 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SE ...- r, " " .' '. I JiU Dirlp -RE: RE: Shy Creek Prelimir--' Plat (DNS-MJ'UA06-009, PP, ECF(Sca ':, . . ( : From: To: Date: "Karen Walter" <Karen.Waller@muckleshoot.nsn.us> "Carl Hadley" <carI.hadley@verizon.net> 0411212006 2:41 :29 PM o Subject: RE: RE: Shy Creek Preliminary Plat (DN8-M) LUA06-009, PP, ECF[Scanned) cart, Again, thank you for your response. Please note that I have to take exception with your statement about the KC map agreeing with Renton's conclusion of "no fish In the project area". The KC map reflects the available data tor fish use at the tine the map was created. That Is all that It reflects. It Is not a map that shows fish absence. It shows arees where there was data avaUable based on the participation of those present who provided Input on the maps. I participated In a mapping workshop and cen tell you thai not every fish biologist WOfIdng In WRIA 8 was there. I also doubt thai either King County or Washington Conservation Commission contacted and received input from every city and every consultant to see If there was additional data available. Likewise, there were no (and to my knowledge, stHl has not been) efforts to collect data In the areas where data was lacking. As a result the map cannot be used to descrIle fish absence. As you know, there Is a big dlffel ence ~ damonstratlng thai fish are present varsus fish are absent, especially based on one field visit In one water year. The available data Issue Is Hlustratad with Gino LuchetU's oo-vatton of cutthroat trout from the attribute table tor WRIA 8 cutthroat trout fish distribution. Gino's observation (shown as entry 253 In the table) states "FIsh observed/sampled via eIectroshocker from mouth up to -.25 mle on East Fork". It does not say thai he sampled to the end of the stream and did not find fish. I suggested contacting him to clarify his data to see If he survayad areas farther up, but did not find flsh and to determine whal he found and which stream he surveyed since the table and the map don' match. If the City's water typing tor the stream In question is besed solely on flow and not fish use, as your email below suggests, then the water typing may be Incorrect. This Is the point I have been trying to make all along. Karen --Original Message- From: Carl Hadley [maUto:cerl.hadley@verizon.net] Sent: Wednesday, April 12, 2006 2:11 PM To: Karen Walter; 'Jill Ding' Cc: Mlck Matheson; John Skochdopole Subject: RE: RE: Shy Creak Preliminary Plat (DNS-M) LUA06-009, PP, ECF[Scanned) Karen, Thanks for the reference to the King County classification map. I'll use that one from now on If you teelH Is more complete and better depicts fish use. It seems like there Is always something new and better out there so Page i) I appreciate your knowledgeable help. With regards to the site. the KC. map agre. with the Renlon conclusion of no fish for the project area which Is on the eastern trlbutery approximately 0.5 mle upstream of the conftuence with the western tributary. The KC. map Is also kIenIicaI to the KerwIn culthroat map for Maplewood Creek. So the City conclusion is consistent with the KC. data for the eestern 1rIbutary. The watar type dalge at NE 136th SlreeI has nothing to do with fish-beaIng status. only for perennlalllow status. So the cuMwt was not used to support a IIah dlefrlJutlon break. I agree with )'011 that this would be il8lJPfClPilate _It the case. Thent doee appea-to be some oonfusIon regarding which tributary GkIo eanpIad. ~. he reported no IIah upebeam of 0.25 mIes from the confluence 80 In either case. It would not affect the projecl However, this data could be used by the City to upgrade their maps. We mat with stewart ReInbold and DavId Brock on the site a few )'98111 ago. They had no IaBuM with the shan being moved requiring only "no net loss of natural function" during mitigation planning. A copy of their Ietler was provided to the CIty as an appendix to the su.m Mitigation Plan. They did not comment In their leiter regarding fish-bearing status. In any case. you _ COIT8Ct that WDFW wi! evaluata the propoaed cuMwts with raepect to potenlialliah passage isaues before they issue the HPA. carl --OrIgInal Massage From: Karen Walter [mallto:Karen.Walter@mucldashoot.nsn.us) Sent Wednasdey. April 12, 2006 10:03 AM To: Jln Ding; Carl Hadley Subject: RE: RE: Shy Creek Preliminary Plat (ONS-M) LUA06-009, PP, ECF[Scanned) JHI and Carl, Here's my response to Carl's email. Carl-Thank )'011 for your response to my questions and sending additional Information. · . '. .~.I JU; .Dlna-§E: RE: Shy Creek Preliminary Plat (D~LUA06-009, PP, ECF(Scanned) .... __ ...,"""I' ______ ..;""Pag~e .. 3 ... U () , With respect to fish use In Maplewood Creek, I looked at King County Fish Distribution map for coho and cutthroat in WRIA 8 (see link below). In genera/, I think this fish distribution information may be more current and complete than what the Conservation Commission (Le. K8IWin et al) proYkled In the WRIA 8 Limiting Factors report. Many scientists including MITFD staff provided data to the King County WRIA 8 fish maps. We provided data and assisted with the map review and provided numerous corrections. I am not totally sure how the fish data information was collecled for K8IWin at aI. The text from Kefwjn et al states: .... Coastal cutthroat can be found in the upper reaches (KIng County 1993).· This statement Is supported by the fish data in KC's WRIA 8 Fish distribution map as noted below. Per the KC WRIA 8 FIsh distribution map, King County staff found cutthroat trout In 1993 using an elecb oshocklng. It is shown as reference 253 on the map and Is mapped es the west fork of Maplewood Creek potentially upstream of the project site. However, the attribute table describes It as being the east fork of the aeek. (see htlp:J/dnr.metrokc.govIWRlASf&IIIsh-mapsicutthroatlpdf/cutthroalpdf). We should probably check with Gino Luchettl (the data provider) to verify the exact 1oceIion. I do not know how this Information was used by Renton to clatermlne the water typing. I am also not aware of any comprehensive fish surveys for Maplewood Creek, including the project area. JIIIIs looking Into Renton's water typing to help me answer this question. In my analysis, I used the KC WRIA 8 Information and the Renton water typing map Included In the proJecI'S stream report (Figure 2) shows the water typing break rtght at 138th Streal SE. From the review of this Information, I am suggastlng that there Is the potential for fish use and that the culvert was incorrectly used to define the water typing break. As I noted below, the MITFD does not support using human structures such as culverts as the basis for determining fish distribution. WDFW will also have a say Into the stream typing with respect to the HPA criteria for the new culverts. I think Stewart Reinbold will be the one to I Jill Dina e' R£:RE: Shy Creek Preliminary Plat lON8-M) LUA06-009, PP, ECFJSoannedJ . 0 0 . an_that. . Tllanks, Karen Walter Watershed and Land Use Team Leader MITFD --original Massage From: JII DIng [maUto:JDIng@cI.renton.wa.us] Sent: Wedneeday, AprIl 12, 2006 8:28 AM To: Karen Walter SUbject: Fwd: RE: Shy Creek Prellmw.y Plat (DNS-M) LlJA06.OO9, PP, ECF[Scanned] Karen, DId CerI_ all of your questions or ana there eny outstanding I88ue8 that you need me to address? JII K. DIng AssocIate Planner CIty of Renton Ph: (425) 430-7219 Fx: (425) 430-7300 »> "CaJt Hadley" <carI.hadley@verlZDn.nel> 0411212006 7:48 AM »> Karen. JII did a good Job of responding to your quMtioIl8. I have a little more information to fiH In a raw of the gaps. A City of Renton requirement to upgrade 142nd Avenue SE requires moving 418 feel of the exlsUng off-slte drainage ditch along the road approxImataIy 30 feet east onto the property where It will be placed Into a new channat with vegetated buffers. The ditch recatves runoff from area roeda as wall as flow from the on-slte creek so we are considering It a c:reek. A total of approximately 0.14 acres of stream channel will be filled; an equivalent area of new enhanced stream channel will be created a8 mlttgaUon, A photo of the existing ditch was Included In the Stream MlUgatlon Report (Figure 4), The City of Renton code requires the buffer be equal or greater In width than under existing conditions, In this case the buffer will be wider and the exlsUng blackberry hedge replaced with nallva species to create a more .. .Page4 .. ' . ·. -'Jol Ping -RE: RE: Shy Creek Prellmlr--, Plat (DNS-e LUA06-009. PP. ECF[Sc . . ) d) : functional environment. Because the stream Is not considered to be fish-bearing. the WDFW fish passage guidence regulations do nol apply. The water type classification was based on the fact thai the stream flows Inlennltlenll)! beginning aI springs in Maplewood Canyon approxlmalely 0.5 . miles downstream of the sIIe. Numerous nalural barriers 10 fish migration (small faDs. steep gradient) exisl belween the springs and the upper. plaleau on which the projeclls locaIed. The nearest reported fish use is . 3.000 feal downstream in MaplevlOOd Canyon (summary by Kerwin et al. In the Limiting Factors Analysis for WRIA 8). Tha culvert shown In the picture (POOOS108) Is where the combination stream and stormdraln runoff are discharged onlo the sHe. The slonnwaler Is c:oIIected from numerous points upslope and combined with flow from the small surface drainage on the east side of 144th Avenue SE. That culvert will be removed but will be replaced with another similar culvert a shari distance to the south. I hope this helps answer your questions. Cali Hadley Cedarock Consultants. Inc. 19609 244th Avenue NE Woodinville, WA 98077 (425) 788-0961 (phone) (425) 788-5562 (fax) car1.hedley@verizon.net ---Original Message-- From: Jill Ding (mallto:JDlng@cI.renton.wa.us] Sent: Tuesday. April 11, 2006 3:45 PM To: Karen.WaIter@muckleshoot.nsn.us Cc: car1.hadley@verlzon.nal Subject: Re: Shy Creek Preliminary Pial (DNS-M) LUA06.oo9. PP. ECF Karen, Thank you for your comments. I will altempllo answer the quesllons you raised regarding this project. Regarding your first quesllon about the 154 feal of Impact to the stream. I o Pajjis] I JII Dina· RE: RE: Shy Creek PrelIminary Plat (D_Ns-.! __ ~_I_LlJA06..OO9 __ -...;o;;;r.',:,P,:,P"'i' E.CFr-rscan;o,;;;;;;;. ned!~~Ir _______ ~ .... p.;;;e~q o .. o. ' was unable to verify that number, I estimated 164 feet of Impact based on the length of the proposed culverts and the relocation of the eastern portion of Ihe stream. In eddltlori ttie City's stream map identifies the ditch located on Ihe southwestem port/on of the property as an extension of the stream. it appears Ihat Ihe applicant has proposed to move Ihat portion of the stream, which was not identified In the Checklist, Ihe length of Ihat impact is approximately 420 feat. The proposed culverts are approxinately 68 and 52 feat in length and are 24 /nchas in wkIIh. Your comment regarding the failure to identify !he culvert cross/ng method from WDFW's fish passage guidance manual Is noted and will be shared with !he EnvIronmental Review Committee members. With regards to your questions about !he City's stream data. Nt outaide consultant was hired to wrfte Ihe City's c:rItk:aI __ 0rtIinance. The map Ihat !hey prepared for us, was adoptacl by !he City CoII'IcII as code (as opposed to serving as a guidelina). Therefore, in order for us to impose a naw classiflcat/on for a atream we would have to go through Ihe City Council. With regards to your stormwater comments. I will let the Environmental Review Committee determine whelher to require an Inmba ....... study for !he sile. In addition, you nolBcl Ihat you were unsure if the stormwater detention system would be discharging to !he stream and ac:corcIIng to !he stonnwater p/aIs Ihat were submitted !he pond would d/scherge to !he atream. Hopefully I have been able to answer your questions. Jill K. DIng Assoelate Planner City of Ranton Ph: (425)430-7219 Fx:(425)430-7300 >>> "Karen Walter" <Karen.Waiter@muckleshoot.nsn.us>04I1012006 9:31 AM »> »> Jill, 2. Thank you for working wilh us to get addillonalinformal/on (lhe stream mitigation plan completed by Cedarock Consultants dated 312212006 and site photos). This information gives us a better understanding of Ihe project; however, we still have some questions about Ihls project. Ills atill not clear If Ihe 154 feet of Impact to Ihe Maplewood Creek tributary on sHe is Ihe total ment of impact due to both !he proposed culverts \ I. _,Jm PiQR -RE: RE: Shy Creek Prellmln"l'1 Plat IDNO~' PP, ECF{Sca . . ) • J and a portion of the stream that wIU be relocated. Altematively, is the 154 feet of Impact just the stream relocation portion? Also, the stream report did not identify how large (both length and width) are the two proposed culverts. The stream report also failed to Identify the exact culvert aosslng method to be used from the WDFW fish passage guldence manual. Not . all methods are equal. Finally, Is one of the two new culverts going to repIece the culvert on the east side of the property near the property line or not? The culvert we are referring to is a concrete circular culvert and appears In the consultants photo P0005108. 3. We also were Interested to gel additional information about how the City determined the water classilication for the onslte stream. From figure 2 In the stream report (based OIl Renton's Draft Water Typing map). It shows the break between Class 3 and Class 4 right at SE 136th street. suggesting that the 136th Street SE 1142nd Ave SE culvert was used to determine the break. If this culvert was used as the break and It fs.a fish b!llrier. then It should not be used to determine fish presence stnce It Is an unnatural feature and should be replaced. Also, as the stream report indicates. the consultant conducted a site visit on June 10.2005, In a drought year, and not the best time of year to look for fish In streams. As far as wa know, no one has done comprehensive fish surveys In the Maplewood Creek watershed. Thai eM e, the watershed lacks fish data, but not necessarily fish. Even though the OIlSIte stream appears to go dry during some portion of some years, there Is some possiblilly thet selmon use this stream for rearing. The City should consider this posslbUIly of fish rearing without conclusive evidence that there are no fish In the stream at any time of the year. As a result, the riparian buffer for this project may need to be substantially larger than the regulated 35 feat for a Type 4 stream. 4. The mitigation proposal to revegatate the riparian corridor and add wood to the Maplewood Creek tributary is a good Idea. However, if there are salmon Ids using the OIlslle stream, then the proposed 25 feet average width of enhanced riparian buffer may not provide sufficient protection and fish habitat for fish in this stream and downstream arees. It Is Important to recognize that the stream buffer needs to sufficient for water temperature, a source of wood for this stream AND downstream arees, and a buffer against pesticides and fertilizers likely used by the future homeowners. o P!l!!e 11 I Ji Ding -RE: RE: Shy Creek Pr!!lmlnary PIa' ""Ns-M) ll/A06-OO9, PP, ECF£Scan1l8dl o . 0 Another Issue that needs addlllonalinformation has to do with stormwater management. There Is no Information In tha checklist 01' the stream report thet discusses tha potential to Inflltrate stonnwater generated by the project. Rather the checklist notes thet stormwater will be treated and directed to a stonnwater pond. The receiving water for this stonnwater discharge Is not identified In tha checklist, but tha stream report suggests that Maplewood Creek tributary will receive this water. If the MapllMOOd Creek tributary Is tha proposed receiving water, then there may be additional Impacts to the stream and potentially fish as a result of stormwater that will require mitigation. In conclusion, there ere some outstanding questions to ~ and fur1her consideration of tha affected stream to be used by saImonkIs. We look forward to continue WOI1cIog with the City to resolve these Isaues. Thank you, Ka"en Walter Watershed and Land Use Team Leader MITFD 253-876-3116 00: "Jill Ding" <JDIng@d.renton.wa.us> \ When recorded, return to: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR SHY CREEK THIS DECLARATION is made on this _ day of , 20_, by CONNER HOMES COMPANY, a Washington Corporation, referred to herein as "Declarant", which is the owner of certain real property now known as "Shy Creek" situated in the City of Renton, in King County, Washington. The Declarant has created a non-profit corporation known as the Shy Creek Community Organization. The Shy Creek Community Organization (hereafter referred to as "Organization") shall be delegated and assigned the duties and powers of owning, maintaining, and administering any and all Common Areas and related facilities in the Plat, administering and enforcing these covenants, conditions and restrictions, and collecting and disbursing the assessments and charges hereinafter created. The Organization shall also have the right and power to promulgate rules and regulations that may further define and limit permissible uses and activities consistent with the provisions ofthis Declaration. NOW, THEREFORE, the undersigned hereby covenants, agrees, and declares that all of the Plats as defined herein and the buildings and structures hereafter constructed thereon are, and will be, held, sold, and conveyed subject to and burdened by the following covenants, conditions, and restrictions, for the purpose of enhancing and protecting the value, desirability, and attractiveness of Shy Creek for the benefit of the Owners thereof, their heirs, successors, grantees, and assigns. ARTICLE 1 -DEFINITIONS Section 1.1: Articles. "Articles" shall refer to the adopted Articles of Incorporation of the Organization as now or hereafter amended. Section 1.2: Board. "Board" shall mean and refer to the board of directors of the Organization established pursuant to the Articles and Bylaws. J -, ,_. Page 1 of19 Section 1.3: Bylaws. "Bylaws" shall refer to the adopted Bylaws of the Organization as now or hereafter amended. Section 1.4: Common Areas. "Common Areas" shall mean and refer to all real property that is owned by the Organization, as well as any easements in favor of the Organization. Section 1.5: Committee. "Committee" IS defined as the Architectural Control Committee as provided in Article 6. Section 1.6: Declarant. "Declarant" shall mean and refer to Conner Homes Company, its successors and assigns, if such successors and assigns should acquire all or substantially all of the then undeveloped parcels of the Plats from Declarant for the purpose of development; provided, however, that no successor or assign of Declarant shall have any rights or obligations which are not specifically set forth in the instrument of succession or assignment or other recorded instrument of passed by operation of law. Certain rights and obligations of Declarant, as set forth herein, shall cease at the end of the Development Period. Section 1.7: Declaration. "Declaration" shall mean and refer to this instrument, as the same may be supplemented or amended from time to time. Section 1.8: Development Period. "Development Period" shall mean and refer to that period of time beginning on the date of initial recording of this Declaration and ending whenever any of the following first occurs: (i) 5 years from the date hereof; or (ii) 2 months after title has been transferred to purchasers of Lots representing ninety-five (95%) of the total voting power of all Owners as then constituted; or (iii) written notice from Declarant to the Organization in which Declarant elects to terminate the Development Period. The "Development Period" may be extended for a period of 5 additional years or longer at the sole option of Declarant. Section 1.9. Governing Documents. "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation, the By-Laws of the Organization, and the recorded Plat, as any of the foregoing may be amended from time to time. Section 1.10: Lot. "Lot" shall mean and refer to the lots as shown on the Plats as of the date of this Declaration, as well as any future lots created through subdivision, short subdivision, site plan approval, or any other legal process for dividing land within the Plats. The word "Lot" as used herein excludes any parcel designated as a Tract on the recorded Plats, unless and until that Tract is later legally divided into lots through subdivision, short subdivision, site plan approval, or any other legal process for dividing land. Section 1.11: Mortgage. "Mortgage" shall mean and refer to any recorded mortgage or deed of trust encumbering one or more of the Lots or Living Units. "First Mortgage" shall mean and refer to a Mortgage with priority over other Mortgages. "Mortgagee" shall mean and refer to the holder or beneficiary of any Mortgage and shall not be limited to Institutional Mortgagees. As used herein, the term "Institutional Mortgagees" or "Institutional Holder" shall include banks, trust companies, insurance companies, mortgage companies, mortgage insurance companies, savings and loan associations, trusts, mutual savings banks, credit unions, pension funds, Federal National Mortgage Association ("FNMA"), Federal Home Loan Mortgage Corporation Page 2 of 19 ("FHLMC"), all corporations, and any agency or department of the United States Government or of any state or municipal government. Section 1.12: Native Growth Protection Area. "Native Growth Protection Area" shall mean and refer to an area in a Lot, Tract or Common Area so designated on a final plat, short plat, binding site plan, or other analogous recorded plan or map, in which the removal of trees and significant natural ground cover, as well as the conduct of other activities, is restricted .. Section 1.13: Owner. "Owner" shall mean and refer to the record owner (whether one or more persons or entities) of a fee interest in any Lot but excluding mortgagees or other persons or entities having such interest merely as security for the performance of an obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners and their respective sellers or assignors shall not be deemed Owners. Section 1.14: Plats: "Plats" shall mean and refer to the approved plat of Shy Creek contained therein recorded at Volume , Pages to under King County Recording Number , and other properties, per Section 11.3, if the Declarant amends these CC&Rs with the recording information within the Development Period. Section 1.15: Tract. "Tract" shall mean and refer to those portions of the recorded Plats which are so designated and which are generally held for purposes other than use as lots for construction of a residence. ARTICLE 2 COMMUNITY ORGANIZATION Section 2.1. Description of Organization. The Organization is a non-profit corporation organized and existing under the laws of the State of Washington charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents, as they may be amended from time to time. No Governing Document other than this Declaration shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. Section 2.2. Organization Board of Directors. Declarant shall select an initial Board of Directors of not fewer than 3 persons, who need not be Owners. The initial Board shall have the full authority and all rights, responsibilities, privileges, and duties to manage the Organization under the Governing Documents and shall be subject to all provisions of the Governing Documents. The term of the initial directors of the Board shall expire as set forth in the Articles and Bylaws. The Board shall elect officers of the Organization, which shall include a president who shall preside over meetings of the Board and meetings of the Organization. Section 2.3. Organization Membership. Every Owner shall by reason thereof be a member of the Organization as set forth in the Articles and Bylaws. Section 2.4. Votes Appurtenant to Ownership. Every Owner shall be entitled to vote in accordance with the provisions of the Articles and Bylaws. Section 2.5. Owner's Compliance with Governing Documents. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership Page 3 of 19 interest, whether or not it shall be so expressed in any such deed or other instrument, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to observe and comply with all terms of the Governing Documents of the Organization, and all rules and regulations duly promulgated by the Board. Section 2.6. Rules and Regulations. The Board shall have the power to adopt from time to time and to enforce rules and regulations governing the use of Common Areas and the use and maintenance of Lots and Tracts, in addition to the use restrictions contained in this Declaration and whether or not expressly contemplated herein, provided that such rules and regulations shall not be inconsistent with this Declaration. The rules and regulations may not discriminate among Owners. The Organization may prescribe penalties for the violation of such rules and regulations, including but not limited to suspension of the right to use the Common Areas or portions thereof. Any such rules and regulations shall become effective 30 days after promulgation or amendment and shall be mailed to all Owners within 30 days after promulgation or amendment. A copy of the rules and regulations then in force shall be retained by the secretary of the Organization and shall be available for inspection by any Owner during reasonable business hours. Such rules shall have the same force and effect as if set forth herein. Section 2.7. Architectural Control Committee. The Board shall establish and thereafter continuously maintain an Architectural Control Committee to review and approve or disapprove the details and written plans and specifications of all construction, including initial construction, other than new construction exempt pursuant to Section 5.I(a), additions or exterior alterations to homes and accessory buildings, fences, walls, or other structures and all clearing or excavation of Lots, or cutting of trees within the Plat, pursuant to Article 6 hereof. The Board shall have the power to adopt from time to time and to enforce guidelines, criteria, and procedures governing the Architectural Control Committee and the Owners' compliance with the provisions of Article 6 hereof. Section 2.8. Additional Committees. The Board of Directors shall have the authority to create, from time to time, additional committees that the Board of Directors, in its sole discretion, determines would be useful for the efficient and proper administration of the duties of the Organization. The Board may delegate such functions and duties to such committees as it deems fit, provided that the Board shall retain the ultimate decision making authority on all issues affecting the Organization. ARTICLE 3 -ORGANIZATION BUDGET, ASSESSMENTS, AND LIENS Section 3.1. Owner's Covenant to Pay Assessments. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, whether or not it shall be so expressed in any such deed or other instrument, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to pay the Organization, in advance, all general and special assessments levied as provided herein. Section 3.2. Organization Budget. The Organization shall prepare, or cause the preparation of, an operating budget for the Organization at least annually, in accordance with generally accepted accounting principles and the procedures specified in the Bylaws. The Page 4 of 19 operating budget shall set forth all sums required by the Organization, as estimated by the Organization, to meet its annual costs and expenses including, but not limited to, all management and administration costs of the Organization, operating and maintenance expenses of Common Areas, expenses for services furnished to or in connection with the Common Areas, including the amount of all taxes and assessments levied against, the cost of liability and other insurance on the Common Areas, charges for any services furnished to the Organization, the cost of utilities and other services, including the cost of power and maintenance for street lighting within the community from the appropriate power company, and the cost of funding all reserves established by the Organization, including, if appropriate, a general operating reserve and a reserve for replacements. The funds required to meet the Organization's annual expenses shall be raised from a general assessment against each Owner as provided hereafter. The Organization may revise the operating budget after its preparation at any time and from time to time, as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Organization. Section 3.3. Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Organization shall determine and levy in advance on every Owner a general assessment. The amount of each Owner's general assessment shall be the amount of the Organization'S operating budget divided among the Lots; provided that, any vacant Lot(s) not yet liable for payment of assessments pursuant to Section 3.6 shall not be included in this calculation. Notice of the proposed budget and estimated general assessment shall be sent to each Owner as required by RCW ch. 64.38.025 as now or hereafter amended; provided, however, that notification to an Owner of the amount of an assessment shall not be necessary to the validity thereof The omission by the Organization, before the expiration of any assessment period, to fix the amount of the general assessments hereunder for that or the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any Owner from the obligation to pay the general assessment, or any installment thereof, for that or any subsequent assessment period, but the general assessments fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Organization of the operating budget during the assessment period for which such budget was prepared, the Organization shall, if necessary, revise the general assessments levied against the Owners and give notice of the same in the same manner as the initial levy of general assessments for an assessment period. Section 3.4. Pavment of General Assessment. As determined by the Board, installments of general assessments may be collected on a monthly, quarterly, semi-annual, or annual basis. Any Owner may prepay one or more installments on any assessment without discount or penalty. Section 3.5. Non-Discriminatory Assessment. No assessment shall be made at any time that may unreasonably discriminate against any particular Owner or group of Owners in favor of other Owners. Section 3.6. Commencement of Assessments: Limited Exemptions for Vacant Lots. Liability of an Owner for assessments shall commence on the first day of the calendar month following the date upon which any instrument of transfer to such Owner becomes operative (such as the date of a deed, the date of a recorded real estate contract for the sale of any Lot, the date of death in the case of a transfer by will or intestate succession, etc.) and shall terminate on Page 5 of 19 the date that the Owner transfers title to a new Owner, provided such transfer shall not relieve a selling Owner from liability for assessments due prior to the close of such transfer. The due dates of any special assessment payments shall be fixed by the Board when authorizing such special assessment. The Board shall have the discretion to exempt Lots which are vacant from assessments or portions of assessments attributable to improvements or work which does not benefit vacant Lots. Section 3.7. Special Assessments. In addition to the general assessments authorized by this Article, the Organization may levy a special assessment or assessments at any time, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair, or replacement of a described capital improvement located upon or forming a part of the Common Areas, including necessary fixtures and personal property related thereto, or for such other purpose as the Organization may consider appropriate; provided, however, that any such assessment must have the prior favorable vote of Owners representing two-thirds of the Lots affected by the special assessment. If appropriate, the Organization may levy a special assessment against a portion of the Lots in cases where some but not all of the Lots would benefit by the special assessment, so long as any such assessment shall have the favorable vote of Owners representing two-thirds of the Lots affected by the special assessment. The amount of each Owner's special assessment for any year shall be the total special assessment for such year, divided by the sum of the number of Lots affected by the special assessment, provided the Organization may set different special assessment rates for Lots if the Organization determines that the benefit of the special assessment is different for the Lots. Section 3.8. Effect of Non-Pavment of Assessment. If any assessment payment is not made in full within 30 days after it was first due and payable, the unpaid amounts shall constitute a lien against the Lot and shall bear interest from the date on which payment was first due and payable at the rate applicable to judgments in Washington. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest, and whether or not it shall be so expressed in any such deed or other instrument, each Owner shall be deemed to grant thereby to the Organization, its agents and employees, the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Organization by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the benefit of the Organization as a corporate entity, and the Organization shall have the power to bid in at any lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot foreclosed against. Section 3.9. Lien to Secure Payment of Assessments. Declarant hereby creates in the Organization perpetually the power to create a lien in favor of the Organization against each Lot to secure to the Organization the payment to it of all assessments, interest, costs, and attorneys' fees; and Declarant hereby subjects all Lots perpetually to such power of the Organization. Such lien shall arise in accordance with the terms of this Declaration without the necessity of any further action by the Organization, and any such lien when created, shall be a security interest in the nature of a mortgage in favor of the Organization. Such lien shall become a continuing lien in the amount stated in the assessment from the time of the assessment, and shall also be the personal obligation of the person or entity who is the Owner of the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in Page 6 of19 interest unless expressly assumed by them, provided, however, that in the case of a sale or contract for the sale of any Lot which is charged with the payment of an assessment the person or entity who is the Owner immediately prior to the date of such sale shall be personally liable for the amounts of the monthly installments due prior to said date, and the new Owner shall be personally liable for monthly installments becoming due on or after such date. The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments shall not, however, affect the validity or duration of the continuing lien for unpaid assessments against the respective Lot. Section 3.10. Suspension for Non-Payment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents for a period of 30 days, said Owner's voting rights shall without the necessity of any further action by the Board, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. Section 3.11. Reserves for Replacement. As a common expense, the Organization may establish and maintain a reserve fund for replacement of any Common Areas and any improvements and community facilities thereon by the allocation and payment monthly to such reserve fund of an amount to be designated from time to time by the Organization. Such fund shall either be deposited with a banking institution, the accounts of which are insured by any state or by any agency of the United States of America or, in the discretion of the Organization, be invested in obligations of, or fully guaranteed as to principal by, the United States of America. The reserve fund shall be expended only for the purpose of effecting the replacement of the Common Areas and any improvements and community facilities thereon, equipment replacement, and for start-up expenses and operating contingencies of a nonrecurring nature. The Organization may establish such other reserves for such other purposes as it may from time to time consider necessary or appropriate. The proportional interest of any Owner in any such reserves shall be considered an appurtenance of that Owner's Lot and shall not be separately withdrawn, assigned, or transferred, or otherwise separated from the Lot to which it appertains and shall be deemed to be transferred with such Lot. Section 3.12. Certain Areas Exempt. The Common Areas and all portions of the Platsdedicated to and accepted by a public authority or other charitable or non-profit organization exempt from taxation under the laws of the State of Washington shall be exempt from assessments by the Organization. ARTICLE 4 -SUBORDINATION OF LIENS Section 4.1. Intent of Provisions. The provisions of this Article 4 apply for the benefit of each Mortgagee who lends money for purposes of construction or to secure the payment of the purchase price of a Lot. Section 4.2. Mortgagee's Non-Liability. The holder of a Mortgage shall not, by reason of the security interest only, be liable for the payment of any assessment or charge, nor for the observance or performance of any covenant or restriction, excepting only those enforceable by equitable relief and not requiring the payment of money, and except as hereafter provided. Page 7 of 19 Section 4.3. Mortgagee's Rights During Foreclosure. During the pendency of any proceeding to foreclose a Mortgage, including any period of redemption, the holder of the Mortgage, or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the encumbered Lot, including but not limited to the right to vote in the Organization to the exclusion of the Owner's exercise of such rights and privileges. Section 4.4. Mortgagee as Owner. At such time as a Mortgagee shall become the record Owner of the Lot or previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same manner as any Owner. Section 4.5. Mortgagee's Title Free and Clear of Liens. A Mortgagee or other secured party acquiring title to a Lot through foreclosure, suit, deed of trust sale, deed in lieu of foreclosure, or equivalent method, shall acquire title to the encumbered Lot free and clear of any lien authorized by or arising out of the provisions of this Declaration, insofar as such lien secures the Payment of any assessment or charge or installment due but unpaid before the final conclusion of any such proceeding, excluding the expiration date of any period of redemption. The Organization may treat any unpaid assessments against a Lot foreclosed against as a common expense, in which case it shall prorate such unpaid assessments among the remaining Lots, and each such remaining Lot shall be liable for its prorated share of such expenses in the same manner as for any other assessment. Section 4.6. Survival of Assessment Obligation. After the foreclosure of a security interest in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the Owner against whom the same was levied, and the Organization shall use reasonable efforts to collect the same from such Owner. Section 4.7. Subordination of Assessment Liens. The liens for assessments provided for in this Declaration shall be subordinate to the lien of any Mortgage or other security interest placed upon a Lot as a construction loan security interest or as a purchase money security interest, or refinancing thereof and the Organization will, upon demand, execute a written subordination document to confirm the particular superior security interest. The sale or transfer of any Lot, or any interest therein, shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for purposes of realizing a security interest, liens shall arise against the Lot for any assessment payments coming due after the date of completion of foreclosure (excluding the expiration date of any period of redemption). ARTICLE 5 -BUILDING AND LAND USE RESTRICTIONS Section 5.1. Improvements. No Lot, dwelling, residence, outbuilding, fence, wall, building, pool, deck, substantial landscaping, change in exterior paint color or other structure or other improvement shall be erected, altered, placed or maintained on any Lot unless it shall comply with the following: (a) Prior to placing any such structure or making such improvement on the Lot, the plans and specifications for the structure or improvement and a request for approval Page 8 of19 shall be submitted to and approved by the Committee as provided in Article 6. When constructed or placed on the Lot, the structure or improvement shall substantially conform to the plans and specifications approved by the Committee. This provision shall not apply to the Declarant until all homes are initially sold and occupied. (b) Prior to making any change or alteration to the external appearance of any existing improvement on a Lot, plans and specifications for the alteration and change shall be submitted to and approved by the Committee as provided in Article 6. When made, the changes or alteration shall substantially conform to the plans and specifications as approved by the Committee. This provision shall not apply to the Declarant until all homes are initially sold and occupied. (c) Once started, the work of constructing, altering, repairing, or reconstructing any structure or improvement on a Lot shall be diligently prosecuted until completion thereof and in any event the exterior of the structure shall be completed and finished within six months after the work first commences. In the case of landscaping improvements or modifications, the work shall be completed within two months after the work first commences. (d) All buildings and improvements on a Lot shall be of permanent construction, and no temporary structure, trailer, mobile home, tent, garage, outbuilding or other similar device shall be placed on any Lot, except with the permission of the Committee. This provision shall not apply to the Declarant during the Development Period. (e) Lots shall be used solely for residential purposes and related facilities normally incidental to a residential community. No building shall be erected, altered, placed or permitted to remain on any Lot except for one (I) detached single family dwelling and permitted accessory building. (f) Accessory buildings which are appurtenant to the use of an existing permanent residential building may be permitted on a Lot. Permitted accessory buildings may include playhouses, tool sheds, doghouses, and gazebos. No permitted accessory building shall be placed on a Lot unless the plans for the accessory building have been first approved as to the design and location on the Lot by the Committee. The Committee may refuse to approve a permitted accessory building if, in the exercise of the discretion of the Committee, the structure detracts from the general visual appearance of the neighborhood or other homes. The location of a permitted accessory building shall be located where it minimizes the visual impact and, as a general guideline, shall be in the rear yard or side yard behind the front of the house. The Committee shall not be bound by the guidelines, but may exercise its discretion in that respect. The Committee may require visual screening of accessory buildings from adjacent Lots. Accessory buildings shall not be easily visible from any street. (g) All structures and improvements shall comply with the provisions of the applicable Building Code, as amended from time to time, relating to setback requirements; provided that nothing herein shall require removal of a building which was originally placed in conformity with such Code because of change in the Code. The Applicant is responsible for procuring all necessary permits. Page 9 ofl9 (h) No exterior aerials, antennas, microwave receivers or satellite dishes for television or other purposes shall be permitted on any Lot except as follows: The Committee will not require prior approval as to placement and screening from residents who wish to install satellite dishes (18" or less in diameter) in accordance with current FCC rulings. The Committee recognizes the need to locate these dishes in a place that will allow the best reception possible, however, residents are encouraged to consider aesthetics as well. Residents choosing to install satellite dishes measuring larger than 18" in diameter are required to obtain approval from the Committee prior to installation. (i) All mailboxes are to be of uniform design as approved by the Committee. (j) Owners of fences shall be obligated to repair and maintain such fences so that they are structurally sound and painted or stained from time to time as may be necessary to retain a reasonable appearance thereof. Owners of fences shall have the right to enter adjoining property on a temporary basis for purposes of such maintenance, provided the owner seeking to exercise this right of entry shall give two weeks written notice to the owner of the adjoining property and further provided that no damage to adjoining property shall be permitted and the adjoining property shall be restored to a condition reasonably equivalent to its condition prior to such entry as soon as such maintenance or repair work is completed. Fences may be limited in height and/or extent beyond local code provisions, as well as in style, as provided for in the Standards as adopted by the Organization. (k) The Board may, in the Community Regulations, adopt such regulations for the installation, maintenance and watering of landscaping, including lawns, as the Board determines are reasonably necessary to maintain the general appearance and value of the properties within the Plat. Section 5.2. Animals. No animals, livestock or poultry of any kind shall be raised, bred, or kept on any Lot except that usual household pets such as dogs, cats and small birds may be kept, provided that they are not kept, bred or maintained for commercial purposes, and that they do not unreasonably interfere with the use and enjoyment of any part of the Plat. Section 5.3. Nuisances. No Lot shall be used or maintained as a dumping ground for rubbish; and trash, garbage, or other waste shall not be kept except for in sanitary containers or composting areas. Equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and out of sight. Nothing shall be done on a Lot that may become a nuisance to the neighborhood. Section 5.4. Businesses. No trade, craft, business, profession, manufacturing, commercial enterprise or commercial activity of any kind shall be conducted or carried on upon any Lot or within any building located within the Platsunless it is authorized by and is in compliance with local land use ordinances and does not interfere with the quiet and peaceful use and enjoyment of any part of the Plat. For purposes of this Section, "interference" will be assumed to exist if (1) evidence of said use is visible from the street or adjacent Lots, (2) the use causes an increase in the noise level in the surrounding area, or (3) the use increases traffic above usual residential volumes. No signs for such businesses shall be permitted. Page 10 of 19 Section 5.5. Storage. No goods, materials, supplies or equipment, and no boats, trucks, motorcycles, busses, motor homes, campers, trailers, or vehicles of any description, shall be stored, dismantled, or repaired in the street, driveway, or within view from any street or Lot in the Plat. Upon 48 hours notice to the Owner of the Lot, the Organization has the authority to have removed at the Owner's expense any improperly stored or parked vehicle, boat, or other equipment. During the Development Period, the Declarant may store equipment and building materials and maintain temporary trash storage sites within the Plat. The restrictions contained in this Section shall not exclude the temporary parking of automobiles on the designated driveway areas adjacent to garages on the Lots. Section 5.6. Construction and Sale Period. So long as Declarant owns any property in the Platsfor development and/or sale, the restrictions set forth in this Article 5 shall not be applied or interpreted so as to prevent, hinder, or interfere with development, construction or sales activities of Declarant or any builder or developer approved by the Declarant. Section 5.7. Maintenance. Property ownership includes the responsibility to maintain all structures and grounds that are a part of the Lot. This obligation includes, but is not limited to, such activities as mowing grass, weed control, vegetation control, prevention of offensive or noxious odors associated with composting, removal of trash, structural maintenance, including repairing mildewed, worn or dated siding and fencing, painting and removing moss on roofs. ARTICLE 6 -ARCHITECTURAL CONTROL Section 6.1. The Committee. The Board shall designate the Committee herein referred to. The address of the Committee shall be the registered office of the Organization. Section 6.2. Submission of Plans. Prior to construction, all plans and specifications or information required to be submitted to the Committee for approvals shall be submitted by mail to the address of the Committee in duplicate, shall be in writing, shall contain a written request for approval and the name and address of the person submitting the same and the Lot involved, and shall set forth the following with respect to a proposed structure: The location of the structure upon the Lot, the elevation of the structure with reference to the existing and finished lot grade, the general design, the interior layout, the exterior finish materials and color including roof materials, the landscape plan, and such other information as may be required to determine whether such structure conforms with the restrictions established by the Governing Documents and any Community Regulations adopted by the Organization. The Committee may require applicants to notifY adjacent Lot Owners of their request for approval. Section 6.3. Standards. The Committee shall have the authority to determine and establish standards involving aesthetic considerations of harmony of construction and color which it determines to be in the best interest of providing for attractive development of the Plats, which authority shall include but not be limited to determining the height, configuration, location, design and appearance of the home, fences, walls, outbuildings, pools, and other structures and improvements appurtenant to the use of the Lot. Such determinations shall be binding on all persons having any interest in the Lot. Owners shall be responsible for informing contractors, agents and others working on the Lot of the standards and conditions of all approvals Page 11 of 19 issued by the Committee and shall be responsible for correcting any violations of any and all violations of those standards and conditions. Section 6.4. Approval or Disapproval Process. Within 30 days after the receipt of plans and specifications or information with a request for approval, the Committee shall by majority vote approve or disapprove the request. The Committee may disapprove any request that in its opinion does not conform to the Governing Documents and any Community Regulations adopted by the Organization or its aesthetic or other adopted standards. Approval or disapproval of a request shall be made upon one of the copies thereof and returned to the address shown on the request. If the Committee fails to approve or disapprove submitted plans and specifications within 30 days after the plans and specifications have been submitted, which submission shall be evidenced by a written receipt for said plans and specifications, approval will not be required, and this Section will be deemed to have been fully complied with. In this event, any such plans and specifications shall nevertheless be in compliance with all the restrictions contained in the Governing Documents and any Community Regulations adopted by the Organization. Section 6.5. Advisors. The Committee may appoint advisors or advisory committees from time to time to advise on matters pertaining to the Plat. No person on the Committee or acting for it shall be responsible for any defect in any plan or specification submitted or approved nor for any defect in any plan or specification submitted or approved nor for any defect in any work done according to such plans and specifications. Section 6.6. Variations. The Committee shaH have the authority to approve plans and specifications which do not conform to these restrictions in order to overcome practical difficulties or prevent hardships in the application of these restrictions; provided that such variations so approved shaH not be materially injurious to the improvements of other Lots and shall not constitute a waiver of the restrictions herein contained but shall be in furtherance of the purposes and intent of these restrictions. ARTICLE 7 -COMMON AREAS AND MAINTENANCE Section 7.1. Title to Common Areas. Declarant shall convey to the Organization the Common Areas owned by Declarant, as designated in the recorded Plat(s), including notes thereto. The Common Areas shall be subject to an easement of common use and enjoyment in favor of the Organization and every Owner, their heirs, successors, and assigns, in accordance with the terms and conditions of the Governing Documents. The Common Areas when conveyed to the Organization shall be free and clear of financial liens. Section 7.2. Owners' Common Rights. Owners shall have equal rights with other Owners to use the Common Areas, unless certain Common Areas are specifically designated as limited Common Areas on the face of a plat(s) or other recorded instrument. All easements for ingress, egress, utilities, and use of facilities, unless otherwise specifically limited, shall exist in favor of all Owners in the Plat. Section 7.3. Maintenance of Common Areas/Other Maintenance. The Organization shall maintain, repair, replace, improve, and otherwise manage all of the Common Areas so as to keep them in good repair and condition and shall conduct such additional maintenance, repair, Page 12 of 19 replacement, construction, or reconstruction as may be determined by the Board to promote the recreation, health, safety, and welfare of the Owners. Any action necessary or appropriate to the maintenance and upkeep of the Common Areas, the landscaping, irrigation, storm drainage facilities, sewer and water systems, all buildings, gas, telephone, or electrical or television facilities applicable to the Common Areas shall be taken by the Board. In addition, the Board may, in its discretion, agree to maintain other improvements within the Plat(s) where the Board finds that such maintenance will provide a general benefit to the Organization and the Lots in the Plat. ARTICLE 8 -EASEMENTS AND OPEN SPACE Section 8.1. Construction. Utility and Drainage Easements. Easements for the construction, repair, replacement, reconstruction, and maintenance of utilities and drainage facilities have been created along the street frontages of alliots and established by the recorded Plat including notes thereto. Furthermore, all lots shall be subject to easements 2.5 feet in width, parallel and adjacent to all interior lot lines and 5 feet in width, parallel and adjacent to all rear lot lines for the purpose of private drainage. Easements shall move with adjusted lot lines. Maintenance of all private drainage easements shall be the responsibility of all lots deriving benefit from said easement, including the owner of the lot on which said easement(s) are located. No structure, including fences and retaining walls or rockeries, planting or other material which may damage or interfere with the installation and maintenance of utilities or facilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through the drainage channels in the easements, shall be placed or permitted to remain within any of these easements, except as otherwise authorized by the Plat or as specifically authorized by the Committee. Section 8.2. Maintenance of Common Areas. The Organization shall be responsible for maintaining, repairing and replacing: a) Any plat entry monuments, lighting, landscaping, and irrigation constructed in a common Tract. b) Landscaping, irrigation, fencing, and any other community improvements that have been or may be constructed in the future within a Common Tract or other areas designated by the Board, including easements in favor of the Shy Creek Community Organization. c) Any landscaping and irrigation systems located within the public rights of way located in the Plat, except that which fronts or sides any individual lot. d) The mailbox stands. e) Any landscaping, and any and all necessary access roads, fences, gates, retaining structures, drainage components, splash pads, and any other appurtenances within storm detention tracts, and easements in favor of the Shy Creek Community Organization for the outfall through other parcels. Page 13 of 19 ARTICLE 9 -INSURANCE, CASUALTY LOSSES, CONDEMNATION Section 9.1. Insurance Coverage. The Organization shall obtain and maintain at all times as an Organization expense an insurance policy or policies and bonds written by companies licensed to do business in Washington which provide: 9.1.1. Insurance against loss or damage by fire and other hazards covered by the standard extended coverage endorsement in an amount as near as practicable to the full insurable replacement value (without deduction for depreciation) of the Common Areas, with the Organization named as insured, or such other fire and casualty insurance as the Organization shall determine will give substantially equal or greater protection. 9.1.2. General comprehensive liability insurance insuring the Organization, the Owners, Declarant, and any managing agent, against any liability to the public or to the Owners and their guests, invitees, licensees, or tenants, incident to the ownership or use of the Common Areas. 9.1.3. Worker's compensation insurance to the extent required by applicable laws. 9.1.4. Fidelity coverage naming the Organization as an obligee to protect against dishonest acts by the Board, Organization officers, committees, managers, and employees of any of them, and all others who are responsible for handling Organization funds, in an amount equal to three months general assessments on all Lots, including reserves. 9.1.5. Insurance against loss of personal property of the Organization by fire, theft, and other losses with deductible provisions as the Organization deems advisable. 9.1.6. Such other insurance as the Organization deems advisable, provided, that notwithstanding any other provisions herein, the Organization shall continuously maintain in effect casualty, flood, and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for Projects established by Federal National Mortgage Organization, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, and Veterans Administration, so long as any of them is a Mortgagee or Owner, except to the extent such coverage is not available or has been waived in writing by Federal National Mortgage Association, Goverurnent National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, or Veterans Administration. Section 9.2. Casualty Losses. In the event of substantial damage to or destruction of any of the Common Areas, the Organization shall give prompt written notice of such damage or destruction to the Owners and to the holders of all First Mortgages who have requested such notice from the Organization. Insurance proceeds for damage or destruction to any part of the Common Areas shall be paid to the Organization as a trustee for the Owners, or its authorized representative, including an insurance trustee, which shall segregate such proceeds from other funds of the Organization. Section 9.3. Condemnation. In the event any part of the Common Areas is made the subject matter of any condemnation or eminent domain proceeding, or is otherwise sought to be Page 14 of 19 acquired by any condemning authority, the Organization shall give prompt notice of any such proceeding or proposed acquisition to the Owners and to the holders of all First Mortgages who have requested from the Organization notification of any such proceeding or proposed acquisition. All compensation, damages, or other proceeds therefrom, shall be payable to the Organization. ARTICLE 10 -ENFORCEMENT Section 10.1. Right to Enforce. The Organization, Declarant, and any Owner shall have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens, and charges now or hereafter imposed by or pursuant to the provisions of this Declaration. Failure or forbearance by any person or entity so entitled to enforce the provisions of this Declaration to pursue enforcement shall in no event be deemed a waiver of the right to do so thereafter. Section 10.2. Imposition of Fines. (a) Authority to Impose Fines: The Organization shall have the right to impose monetary penalties against the owner and/or occupant of any Lot who violates these Covenants, Conditions and Restrictions or the Community Regulations or other rules and restrictions adopted by the Organization. The Board shall, from time to time, adopt a schedule for such monetary penalties. The schedule may provide for penalties that are assessed a single flat rate and may provide for penalties which are incurred on a periodic (daily, weekly, etc.) basis and which accrue until violations are corrected. (b) Procedure for Imposition of Fines: If the Organization determines that a violation of the Covenants, Conditions and Restrictions, or the Community Regulations or other rules and restrictions adopted by the Organization has occurred, the Organization shall send a written Notice of Violation to the owner or occupant of the Lot determined to be responsible for the violation. The Notice of Violation shall identify (1) the location where the violation has occurred, (2) the name of the person responsible for the violation, (3) the nature of the violation, (4) the action or actions required in order to cure the violation and a deadline for compliance, and (5) the rate or amount of the fine that will be assessed if the violation is not cured by the compliance deadline. In addition, the Notice of Violation shall indicate that the owner or occupant deemed responsible for the violation shall be entitled to request a hearing before the Board, provided a written request for such a hearing is submitted to the Board within fourteen calendar days after the issuance of the Notice of Violation. (c) Hearing by Board: If a request for a hearing is submitted, the Board shall conduct a factual hearing and allow interested parties to present evidence relevant to the issues of whether or not a violation has occurred and what action is required to cure the violation. The Board shall issue a written decision after the conclusion of the factual hearing. All Notices of Violation become final either fourteen days after Page IS of 19 they are issued if no request for a hearing is submitted, or on the date that the Board issues its decision following a hearing. (d) Collection of Fines. Lien on Title: Unpaid fines assessed pursuant to Section 10.2 shall constitute liens against the Lot, be subject to the tenns and conditions of this Declaration regarding liens for assessments and attorneys fees. Section 10.3. Remedies Cumulative. Remedies provided by this Declaration are in addition to, cumulative with, and are not in lieu of, other remedies provided by law. There shall be, and there is hereby created and declared to be, a conclusive presumption that any violation or breach or attempted violation or breach of the covenants, conditions, and restrictions herein cannot be adequately remedied by an action at law or exclusively by recovery of damages. ARTICLE 11-AMENDMENT AND REVOCATION Section 11.1. Amendment by Organization. Prior to the expiration of the Development Period, any amendment to the Declaration may be executed by the Declarant. Subsequent to the expiration of the Development Period, this Declaration may be amended only by an instrument executed by the Organization for and on behalf of the Owners, provided, however, that such amendments shall have received the prior approval of a vote of the Owners having 75 percent of the total outstanding votes in the Organization, and provided, however, that the obligation to maintain common areas and improvements may not be revoked without the written consent of the City of Renton. Notwithstanding any of the foregoing, the prior written approval of 51 percent of all Mortgagees who have requested from the Organization notification of amendments shall be required for any material amendment to the Declaration or the Organization's By-Laws of any of the following: voting rights, assessments, assessment liens, and subordination of such liens, reserves for maintenance, repair, and replacement of Common Areas, responsibility for maintenance and repair, reallocation of interest in the Common Areas, or rights to their use, convertibility of Lots into Common Areas or of Common Areas into Lots; leasing of Lots other than as set forth herein; imposition of any restrictions on the right of an Owner to sell or transfer a Lot; any action to tenninate the legal status of the Organization after substantial destruction or condemnation occurs, or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of First Mortgages. Section 11.2. Effective Date. Amendments shall take effect only upon recording in the County where the property is located Section 11.3. Additions and Amendments. Declarant hereby reserves the right to add additional properties to or delete properties from Shy Creek. Additional properties may include subsequent phases of Shy Creek, the Fotherengill short plat, or other properties or lots that the Declarant may wish to add at Declarant's sole discretion. ARTICLE 12 -GENERAL PROVISIONS Section 12.1. Taxes. Each Owner shall pay without abatement, deduction, or offset, all real and personal property taxes, general and special assessments, including local improvement Page 16 of 19 assessments, and other charges of every description levied on or assessed against his Lot, or personal property located on or in the Lot. The Organization shall likewise pay without abatement, deduction, or offset, all of the foregoing taxes, assessments, and charges levied or assessed against the Common Areas. Section 12.2. Non-Waiver. No waiver of any breach of this Declaration shall constitute a waiver of any other breach, whether of the same or any other covenant, condition, or restriction. Section 12.3. Covenants Running with the Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights, and other provisions contained herein are intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing or otherwise occupying any portion of the Plat, their heirs, executors, administrators, successors, grantees, and assigns. All instruments granting or conveying any interest in any Lot and all leases or subleases shall refer to this Declaration and shall recite that it is subject to the terms hereof as if fully set forth therein. However, all terms and provisions of this Declaration are binding upon all successors in interest despite an absence of reference thereto in the instrument of conveyance, lease, or sublease. Section 12.4. Attorneys' Fees. In the event of a suit or action to enforce any provision of this Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccessful party in such suit or action shall pay to the prevailing party all costs and expenses, including title reports, and all attorneys fees that the prevailing party has incurred in connection with the suit or action, in such amounts as the court may deem to be reasonable therein, and also including all costs, expenses, and attorneys fees incurred in connection with any appeal from the decision of a trial court or any appellate court. Section 12.5. No Abandomnent of Obligation. No Owner, through his non-use of any Common Area, or by abandomnent of his Lot, may avoid or diminish the burdens or obligations imposed by this Declaration. Section 12.6. Interpretation. The captions of the various articles, sections and paragraphs of this Declaration are for convenience of use and reference only and do not define, limit, augment, or describe the scope, content or intent of this Declaration or any parts of this Declaration. The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter, and the feminine includes the masculine and neuter, and each includes a legal entity when the context so requires. The single number includes the plural whenever the context so requires. Section 12.7. Severability. Invalidation of anyone of these covenants, conditions, restrictions, easements, or provisions by judgment or court order shall in no way affect any other of the same, all of which shall remain in full force and effect. Section 12.8. Notices. All notices, demands, or other communications ("Notices") permitted or required to be given by this Declaration shall be in writing and, if mail postage prepaid by certified or registered mail, return receipt requested (if a Notice to Declarant, the Organization, or to fewer than all Owners), or if mailed first-class postage prepaid (if a Notice to Page 17 of 19 all Owners), shall be deemed given three days after the date of mailing thereof, or on the date of actual receipt, if sooner, except as otherwise provided in the Governing Documents. Notice to an Owner may be given at any Lot owned by such Owner; provided, however, that an Owner may from time to time by Notice to the Organization designate such other place or places or individuals for the receipt of future Notices. Notices shall be addressee to the last known address of the addressee if not otherwise known. If there is more than one Owner of a Lot t, Notice to anyone such Owner shall be sufficient. The address of Declarant during the Development Period and of the Organization shall be given to each Owner at or before the time he becomes an Owner. If the address of Declarant or the Organization shall be changed, Notice shall be given to all Owners. Section 12.9. Applicable Law. This Declaration shall be construed in all respects under the laws of the State of Washington. Page 18 of 19 IN WITNESS WHEREOF, THE UNDERSIGNED DECLARANT HAS EXECUTED THIS DECLARATION THE DAY AND YEAR FIRST ABOVE WRITTEN. CONNER HOMES COMPANY. STATE OF WASHINGTON ) ) COUNTY OF KING ) ss. On this day of , 20_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the ----:-_--;--:---;-c:-_of Conner Homes Company, which executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Printed name: Notary Public in and for the State of Washington My commission expires: _____ _ Page 19 of 19 Shy Creek COMMUNITY RULES AND REGULATIONS I. INTRODUCTION The recorded Declaration of Covenants, Conditions and Restrictions (the "Declaration") for (the "Community") provide that all construction work and significant landscaping, excavation, filling and clearing within the Community must obtain prior approval from the Architectural Control Committee ("ACC"). The purpose of this requirement is to help preserve and enhance the quality, aesthetics and value of the Community. These Community Rules and Regulations have been adopted for use by the ACC in review of plans and specifications for: (a) accessory structures, (b) alterations and additions to residences and accessory structures, (c) construction and alteration offences, walls and other structures or buildings, (d) clearing, excavation and tree cutting, if applicable and (e) construction and/or alteration of surface water or enclosed stonn water drainage. These regulations are also intended to assist Lot Owners in obtaining approvals from the ACC and to clarify guidelines for the CommunitY. These regulations supplement the Declaration and fonn the basis for most decisions by the ACC. In the event of conflict, the Declaration has precedence over any inconsistent provision of these regulations. As deemed necessary, the ACC may adopt amendments and/or revisions to these design guidelines. II. PROCEDURAL RULES A. AppUcatioD Procedures To make an application, you must fill out an Architectural Review Application Fonn. You can obtain this fonn from the Community ACC. Completed applications should be returned to the Association Office. 1. AppUcation a An !lPPlication must include: (1) A completed Architectural Review Application. (2) Estimated start and completion dates of work contained within the Application. (3) A site plan showing dimensions of the lot and all proposed improvements, including distances from existing house and/or property lines if the improvements include the construction or placement of accessory building or any addition to the existing house. Plot plan to be 1 "=20' scale. (4) Plans and specifications showing design, shape, height, bulk and major P:IPROJECfSI03185ICommunity Regulations.doc Shy Creek COMMUNITY RULES AND REGULATIONS I. INTRODUCTION The recorded Declaration of Covenants, Conditions and Restrictions (the "Declaration") for (the "Community") provide that all construction work and significant landscaping, excavation, filling and clearing within the Community must obtain prior approval from the Architectural Control Committee ("ACC"). The purpose of this requirement is to help preserve and enhance the quality, aesthetics and value of the Community. These Community Rules and Regulations have been adopted for use by the ACC in review of plans and specifications for: (a) accessory structures, (b) alterations and additions to residences and accessory structures, (c) construction and alteration offences, walls and other structures or buildings, (d) clearing, excavation and tree cutting, if applicable and (e) construction and/or alteration of surface water or enclosed storm water drainage. These regulations are also intended to assist Lot Owners in obtaining approvals from the ACC and to clarify guidelines for the CommunitY. These regulations supplement the Declaration and form the basis for most decisions by the ACC. In the event of conflict, the Declaration has precedence over any inconsistent provision of these regulations. As deemed necessary, the ACC may adopt amendments and/or revisions to these design guidelines. II. PROCEDURAL RULES A. AppHcation Procedures To make an application, you must fill out an Architectura1 Review Application Form. You can obtain this form from the Community ACC. Completed applications should be returned to the Association Office. 1. AppUcation a An application must include: (I) A completed Architectural Review Application. (2) Estimated start and completion dates of work contained within the Application. (3) A site plan showing dimensions of the lot and all proposed improvements, including distances from existing house and/or property lines if the improvements include the construction or placement of accessory building or any addition to the existing house. Plot plan to be 1 "=20' scale. (4) Plans and specifications showing design, shape, height, bulk and major P:IPROJECTSI03185ICommunity RegulatioDS_doc architectural features of the improvement or addition. Drawings shall be liS" or W'= I' (5) A landscaping plan showing any significant vegetation to be removed, and species and size of trees, shrubs and ground cover to be installed. An appropriate scale for the proposed work must be used. (6) Samples of materials if requested, and colors to be used on the exterior of all structures and an indication of existing materials and colors, in the case of additions or remodels. b Applicants are encouraged but not required to submit: (I) Any drawing or photographs that will assist the Committee in reviewing proposed work. (2) Written conunents from neighbors or other residents about the proposed work. 2. Timing of Decisions The Committee will generally attempt to render decisions on complete applications within two weeks of receipt of submittal, as evidenced by receipt date stamp. Incomplete applications will doubtless take longer to process. Applicant shall be notified in writing of the committee's decision. The original application and response shall be kept in the Association's file specific to the applicant's property. 3. Appeals If an ACC ruling denies an application, the applicant will have &II opportunity to appeal the decision to the Board of Directors of the Association. III. STANDARDS-GENERAL AND SPECIFIC Each submission for approval will be evaluated on the individual merits of that application. Besides evaluation of the particular design proposal, consideration will be given to the characteristics of the housing type and the individual site. An acceptable design for one lot may not be suitable for another. A. General Standards Decisions on applications are not based on personal opinion or taste. Judgments on requests for approval are based on established criteria, which represent the general standards of the Declaration, in more specific terms. The currently accepted criteria are enumerated below. 1. Design Compatibility The proposed improvements should be compatible with the architectural characteristics of the applicant's house, adjoining houses and the neighborhood setting. Compatibility is P:IPROJECTSI0318SICommunity Regulations.doc Revised 3-7-05 -2- .' architectural features of the improvement or addition. Drawings shall be 118" or \4"= l' (5) A landscaping plan showing any significant vegetation to be removed, and species and size of trees, shrubs and ground cover to be installed. An appropriate scale for the proposed work must be used. (6) Samples of materials if requested, and colors to be used on the exterior of all structures and an indication of existing materials and colors, in the case of additions or remodels. b Applicants are encouraged but not required to submit: (1) Any drawing or photographs that will assist the Committee in reviewing proposed work. (2) Written comments from neighbors or other residents about the proposed work. 2. Timing of Decisions The Committee will generally attempt to render decisions on complete applications within two weeks of receipt of submittal, as evidenced by receipt date stamp. Incomplete applications will doubtless take longer to process. Applicant shal1 be notified in writing of the committee's decision. The original application and response shall be kept in the Association's file specific to the applicant's property. 3. Appeals If an ACC ruling denies an application, the applicant will have an opportunity to appeal the decision to the Board of Directors of the Association. III. STANDARDs-GENERALAND SPECIFIC Each submission for approval will be evaluated on the individual merits of that application. Besides evaluation of the particular design proposal, consideration will be given to the characteristics of the housing type and the individual site. An acceptable design for one lot may not be suitable for another. A. General Standards Decisions on applications are not based on personal opinion or taste. Judgments on requests for approval are based on established criteria, which represent the general standards of the Declaration, in more specific terms. The currently accepted criteria are enumerated below. 1. Design Compatibility The proposed improvements should be compatible with the architectural characteristics of the applicant's house, adjoining houses and the neighborhood setting. Compatibility is P:IPROJECI'S\03185\Community Regulations,doc Revised 3-7-05 -2- defined as similar in architectural style and size, quality of workmanship, and similar use of materials, colors and construction details. 2. Locadon and Impact on Neighbors Proposed construction revisions/additions or vegetation removal should relate favorably to the landscape, existing structures and the neighborhood. The major concerns are community compatibility, access and drainage. When proposed construction or vegetation removal has possible impact on adjacent properties, it is suggested that the applicant discuss the proposal with neighbors prior to making application. It may be appropriate in some cases to submit neighbors' comments along with the application, as well as their signature(s) of approval. 3. Scale The size (in three dimensions) of the proposed construction should relate well to adjacent structures and to the surroundings. 4. Timing Construction activity for any improvement, including landscaping, shall not exceed the limits imposed in Article 5; Section S.lc of the Declaration, provided that an extension to complete landscaping may be granted where completion within the prescribed time is not feasible due to weather or other exceptional circumstances. In the event that the Committee grants an extension, the total time period for completion shall not exceed 6 months. All applications must include estimated completion dates for construction and landscaping. If such period is considered unreasonable, the ACC may disapprove the application. 5. UUUty Easements The blocking of utility easements by structures, plantings or other obstructions may not be permitted. Refer to the recorded plat language for specific restrictions. 6. Dralnale Easements Specific restrictions for private and public drainage easements are enumerated on the recorded plat and in Section 8.1 of the C, C & R's. No alteration or structures are allowed without prior ACC and/or jurisdictional approval. B. Specific Standards This subsection contains additional rules for certain situations. 1. Decks a) Under·deck area may not be used for storage unless completely screened from view. b) Decks should compliment the architecture, style and materials of the home if visible from the street or other lots. c) Decks must be located within the approved building envelope of the lot. P:IPROJECTSI03185ICommunity Regulations.doc Revised 3-7-05 - 3 - - defined as similar in architectural style and size, quality ofworlananship, and similar use of materials, colors and construction details. 2. Location and Impact on Neighbors Proposed construction revisions/additions or vegetation removal should relate favorably to the landscape, existing structures and the neighborhood. The major concerns are community compatibility, access and drainage. When proposed construction or vegetation removal has possible impact on adjacent properties, it is suggested that the applicant discuss the proposal with neighbors prior to making application. It may be appropriate in some cases to submit neighbors' comments along with the application, as well as their signature( s) of approval. 3. Scale The size (in three dimenaions) of the proposed construction should relate well to adjacent structures and to the surroundings. 4. TIming Construction activity for any improvement, including landscaping, shall not exceed the limits imposed in Article 5; Section 5.1 c of the Declaration, provided that an extenaion to complete landscaping may be granted where completion within the prescribed time is not feastDle due to weather or other exceptional circumstances. In the event that the Committee grants an extension, the total time period for completion shall not exceed 6 months. All applications must include estimated completion dates for construction and landscaping. If such period is considered unreasonable, the ACC may disapprove the application. S. Utility Easements The blocking of utility easements by structures, plantings or other obstructions msy not be permitted. Refer to the recorded plat language for specific restrictions. 6. Drainage Easements Specific restrictions for private and public drainage easements are enumerated on the recorded plat and in Section 8.1 of the C, C & R' s. No alteration or structures are allowed without prior ACC and/or jurisdictional approval. B. Specific Standards This subsection contains additional rules for certain situations. 1. Decks a) Under-deck area may not be used for storage unless completely screened from view. b) Decks should compliment the architecture, style and materials of the home if visible from the street or other lots. c) Decks must be located within the approved building envelope of the lot. P:\PROJECfS\03l8S\Community Regulations.doc Revised 3·7'()S ·3· - 2. Drainage Changing, obstructing or retarding the flow of drainage is prohibited without prior ACC andlor jurisdictional approval, as well as alterations to houses or lots that may change existing drainage patterns, including filling of swales or roadside ditches, if applicable. 3. Driveways a. Only hard, stabilized surfaces of concrete or masonry will be approved for driveways, parking or turn-around spaces upon each lot. In some cases, asphalt may be approved. b. Relocations of driveways may be inconsistent with jurisdictional traffic safety standards and must be approved by the jurisdiction, prior to ACC application. 4. Dog RUDS Approval, in part, will take into consideration the size of the dog run to available space, location (must be located on the side or rear of property), impact on neighboring properties and any other conditions unique to the location. Dog runs must be screened from the street and neighboring properties. 5. Exterior Lighting a Exterior lighting that is part of the original structure may not be altered without ACC approval. If an owner proposes replacement of fixtures, the new fixtures must be compatible in style, scale and color with the applicant's house. Applications for changes or additions to exterior lighting should include wattage, height of light fixtures above the ground and a detailed description of the fixtures themselves and their location on the property. If more than one fixture is used, all fixtures shall be of the same color and style. b At no time may lighting be directed outside one's property. 6. Fencing a Additions to existing fencing must be compatible with materials and color of existing fencing. Generally there is one color approved for the entire community. b Privacy fencing is limited to a maximum of 6' in total height, except those areas within the community that limit the maximum height to less than 6' as noted in • d' below or as may be restricted in the recorded Plat language. c No side yard fence between houses shall extend towards front of house beyond a point that is 10' back from the front of either house adjacent to the fence. Side yard fences should not enclose gas or power meters. d No side yard fence adjacent to a public street or private Access or Joint Driveway Tract shall exceed 42" in height and must not encroach into the street or tract right-of- way. These fences shall only be approved when located from the rear line of the house to the rear property line, except when fences are screened by vegetation or are otherwise approved by the Committee. P:IPROJECTS\03185\Community Regulations.doc Revised 3·7-05 ·4- .' 2. Drainage Changing, obstructing or retarding the flow of drainage is prohibited without prior ACC and/or jurisdictional approval, as well as alterations to houses or lots that may change existing drainage patterns, including filling of swales or roadside ditches, if applicable. 3. Driveways a. Only hard, stabilized surfaces of concrete or masonry will be approved for driveways, parking or turn-around spaces upon each lot. In some cases, asphalt may be approved. b. Relocations of driveways may be inconsistent with jurisdictional traffic safety standards and must be approved by the jurisdiction, prior to ACC application. 4. Dog Ruoill Approval, in part, will take into consideration the size of the dog run to available space, location (must be located on the side or resr of property), impact on neighboring properties and any other conditions unique to the location. Dog runs must be screened from the street and neighboring properties. 5. Exterior Lighting a Exterior lighting that is part of the original structure may not be altered without ACC approval. If an owner proposes replacement offixtures, the new fixtures must be compatible in style, scale and color with the applicant's house. Applications for changes or additions to exterior lighting should include wattage, height oflight fixtures above the ground and a detailed description of the fixtures themselves and their location on the property. If more than one fixture is used, all fixtures shall be of the same color and style. b At no time may lighting be directed outside one's property. 6. Feodog a Additions to existing fencing must be compatible with materials and color of existing fencing. Generally there is one color approved for the entire community. b Privacy fencing is limited to a maximum of 6' in total height, except those areas within the community that limit the maximum height to less than 6' as noted in 'd' below or as may be restricted in the recorded Plat language. c No side yard fence between houses shall extend towards front of house beyond a point that is 10' back from the front of either house adjacent to the fence. Side yard fences should not enclose gas or power meters. d No side yard fence adjacent to a public street or private Access or Joint Driveway Tract shall exceed 42" in height and must not encroach into the street or tract rightoOf- way. These fences shall only be approved when located from the resr line of the house to the rear property line, except when fences are screened by vegetation or are otherwise approved by the Committee. P;\PROJECTSI0318SICommunity Regulations.doc Revised 3-7 -OS -4 - 7. Greenhouses a A greenhouse should be attached to the rear of a house, although it may be located elsewhere if screened from view from other properties or if designed to enhance the aesthetics of the entire house. b A greenhouse must maintain a continuity of building lines, scale and material with the existing house. Glass is preferred; visquine, tarps and similar materials are prohibited. 8. Hot Tubs Hot tubs and similar equipment shall be screened from view from neighboring lots and street. 9. Landscaping Landscaped areas of the 'Lot' include those areas that extend into the public right of way and any application for modification to this area of the 'Lot' shall be included in any landscape plan. In any event, the owner's obligation to maintain landscaping shall extend into the public right of way along each 'Lot' which has been, or is required to have been, landscaped to the sidewalk or street curb in front of and along side of the 'Lot', as applicable. 10. Painting The ACC must approve any changes in exterior color for houses, fences, decks, roofs and trim. Colors should be compatible with the colors of other houses in the neighborhood and the approved color palette. All fences within the community are to be stained the same color as directed by the ACC approval. 11. Parking a No additional spaces may be created on site. b Street parking shall be limited to a period not to exceed 60 continuous hours. c Specifically, street parking is not to be used as an additional, continual parking space. 12. Signs a Signs on lots or in common areas are prohibited except as provided herein. b The use ofrea1 estate signs is limited to a maximum size of 24"x 24", including "For Sale," "For Rent," "Open House," "Garage Sale" and directional signs, with a total maximum of one sign per lot. c The use of contractor or subcontractor signs is permitted only during the construction period, but in any event not more than three months, with a maximum size of 24"x 24". d Signs of any type are not permitted for any business or hobby. P:IPROJECTS\0318S\Community Regulations,doc Revised 3-7-05 - 5 - - 7. Greenhouses a A greenhouse should be attached to the rear of a house, although it may be located elsewhere if screened from view from other properties or if designed to enhance the aesthetics of the entire house. b A greenhouse must maintain a continuity of building lines, scale and material with the existing house. Glass is preferred; visquine, tarps and similar materials are prohibited. 8. Hot Tubs Hot tubs and similar equipment shall be screened from view from neighboring lots and street. 9. Landseaplug Landscaped areas of the 'Lot' include those areas that extend into the public right of way and any application for modification to this area of the 'Lot' shall be included in any landscape plan. In any event, the owner's obligation to maintain landscaping shall extend into the public right of way along each 'Lot' which has been, or is required to have been, landscaped to the sidewalk or street curb in front of and along side of the 'Lot', as applicable. 10. PaintiDg The ACC must approve any changes in exterior color for houses, fences, decks, roofs and trim. Colors should be compatible with the colors of other houses in the neighborhood and the approved color palette. All fences within the community are to be stained the same color as directed by the ACC approval. 11. Parking a No additional SPBCeB may be created on site. b Street parking shall be limited to a period not to exceed 60 continuous hours. c Specifically, street parlcing is not to be used as an additional, continual parking space. 12. Signs a Signs on lots or in common areas are prohibited except as provided herein. b The use ofrea1 estate signs is limited to a maximum size of 24"x 24", including "For Sale," "For Rent," "Open House," "Garage Sale" and directional signs, with a total maximum of one sign per lot. c The use of contractor or subcontractor signs is permitted only during the construction period, but in any event not more than three months, with a maximum size of 24"x 24". d Signs of any type are not permitted for any business or hobby. P:\PROJECTSI03185ICommunity Regulations.doc Revised 3·7-05 ·5· .' 13. Sports Courts Any sports court, including basketball hoops, must be located beside or at the rear of the house. If pennanent standards of any kind above four (4) feet are emplaced, they must be screened from view of the street and neighboring properties. Lighting is not pennitted unless specifically approved by the ACC. Specific plans, including materials and location, must be submitted for ACC review and approval. Plans should take into consideration the potential for any noise and visual pollution. Written approval must be obtained from all affected property owners. This includes, at a minimum, all adjacent property owners. At the sole discretion of the ACC, other property owners' agreement may be required, depending on the specific situation. No installation will take place until all affected property owners (as defined by the ACC) have agreed in writing, and approval of the specific plan has been granted by the ACC. 14. WoodpUes Woodpiles may be kept only in back or side yards, and must be screened from view from adjoining properties and street. They must be neady stacked and must be less than four (4) feet high, four (4) feet in width, and sixteen (16) feet in length. P:IPROJECTSI03185ICommunity Regulations.doc Revised 3-7-05 . 6 - I, SAM REED, Secretary of State orthe State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to SHY CREEK COMMUNITY ORGANIZATION alan WA Non-Profit Corporation, Charter documents are effective on the date indicated below, Date: 1212112006 UBI Number: 602-679-593 APPID: 731772 Given under my hand and the Seal of the State of Washington at Olympia, (he SMe Capital Sam Reed, Secrelary of State " ;. " S~""'Uct:Ali10N TO FORM A ~~~f\lI:)Rt:>Flrr CORPORATION 21, rw __ H«IACMIt STATE OF WASHINGTON .FEE: $30 • Alt. .. mINT Dr" ~TYP:!,;E~~~~,~: OQPY '" • 6Ign. -"'" .. CORPORATIOIIS OMSION ';;----~~~~!!::::~~=~-==~-___ ~_::c,...,.__. 101 CAPITOl. WAV SOUTH • PO BOX __ OLYMP ........ _ • BE SURE TO INCLUDE UlHG fEE. ChocIoI lIIould lie _ poy_1o -. or SIa!o" Rebert D. Johns Ea ARTlCLe$ OF INCORPORAT10N Nan Charles' .. Qmnet:'. ___ B46 -lOOth Awnue N.t"" Bellevue ... <bar] ea F, Cooner, Pi rector _~.. 846 -loilth Ave NE en, Bellewe the residential _ WA ZIP 98004 ~s MO AOORUSES OF ~ INCORPORATOR til ,*,,1HIr. IIIcII nwts. ~ "'" : ,.Ip If fliNCh ~~ ...... Cgru!er f!omas CQipn¥ ..... _ 646 l08th Ave Nt: C", Bellevue _ WA ... 98004 OOF<PORATIONS INFO,,_nON AND ASSISTANOE -36017':J-111. (TDD -3tlonS:J-148S) . ORIGINAL i i i i r I ; ! i I i • I ~ -- ~ i'J}~:: ~'~, eJl'o.Alnff'on i~:S~lSecretary of State ~ SAM REED Congratulations: You have completed the initial filing to create a new business entity, The next step in opening your new business i. to complete a Master Business Application. You may have completed this step already. The Master Business Application can be completed online or downloaded at: http://www.dol.wa.govlbusinesses.htm If you have any questions about the master application, or would like a master application package mailed to you, please call the Department of Lieensing at 360-664-1400. CHARLES F CONNER 846 I 08TH AVE NE BELLEVUE, W A 98004 IMPORTANT Corporations. Division James M. Dollfl.'€'( 8\Jilding 801 Capi~o! 'Way South PO 80x40234 Olympia. W;\ 98504--0234 Tel 3SO.753.7115 Fax 360.664.878' TOO 360.753.1485 WWw.s€:C5lme:..va.go\.:corps. You have completed the initial filing to create a new entity. To keep your filing status active and avoid administrative dissolution, you must: I. File an Annual Report and pay the annual license fee each year before the anniversary of the filing date for the entity. A notice to file your annual report will be sent to your registered agent. It is the corporation or LLC's responsibility to file the report even if no notice is received. 2. Maintain a Registered Agent and registered office in this state. You must notify the Corporations Division if there are any changes in your registered agent, agent's address, or registered office address. Failure to notify the Corporations Division of changes will result in misrouted mail, and possibly administrative dissolution. If you have questions about report and registered agent requirements, please contact the Corporations Division at 360-753-7115 or visit our website at: http://www.secstate.wa.gov/corps page 1 SHY CREEK Project: 03185 Mon December 11 17:19:36 2006 Parcel Map Check Parcel name: TOTAL North: 506431.4684 East : 1643362.0490 Line Course: N 88-29-16 W Length: 600.59 North: 506447.3181 East : 1642761.6681 Line Course: N 00-18-47 E Length: 1256.86 North: 507704.1593 East : 1642768.5354 Line Course: S 88-21-13 E Length: 345.62 North: 507694.2293 East : 1643114.0127 Line Course: S 00-18-47 W Length: 140.04 North: 507554.1914 East 1643113.2476 Line Course: S 88-21-13 E Length: 48.00 North: 507552.8123 East 1643161.2278 Line Course: S 00-18-47 W Length: 74.96 North: 507477 . 8534 East 1643160.8182 Line Course: S 88-21-13 E Length: 207.00 North: 507471.9061 East : 1643367.7327 Line Course: S 00-18-47 W Length: 1040.45 North: 506431.4717 East : 1643362.0479 Perimeter: 3713.52 Area: 703,058 sq.ft. 16.14 acres Mapcheck Closure -(Uses listed Error Closure: 0.0034 Error North: 0.00328 Precision 1: 1,092,211.76 courses, radii, and deltas) Course: N 18-02-56 W East: -0.00107 page 1 SHY CREEK Project: 03185 Mon December 11 17:04:03 2006 Parcel Map Check Parcel name: LOT 1 North: 506934.2750 East : 1643250.1934 Line Course: S 89-41-13 E Length: 114.60 North: 506933.6489 East 1643364.7916 Line Course: N 00-18-47 E Length: 68.00 North: 507001.6479 East 1643365.1632 Line Course: S 86-59-36 W Length: 86.35 North: 506997.1186 East 1643278.9321 Line Course: N 89-41-13 W Length: 26.28 North: 506997.2622 East 1643252.6524 Curve Length: 29.17 Radius: 2520.00 Delta: 0-39-48 Tangent: 14.59 Chord: 29.17 Course: S 02-16-26 W Course In: N 88-03-28 W Course Out: S 87-23-40 E RP North: 507082.6692 East : 1640734.1002 End North: 506968.1104 East : 1643251.4949 Curve Length: 33.87 Radius: 2478.00 Delta: 0-46-59 Tangent: 16.93 Chord: 33.86 Course: S 02-12-51 W Course In: S 87-23-40 E Course Out: N 88-10-39 W RP North: 506855.4609 East 1645726.9331 End North: 506934.2694 East 1643250.1866 Perimeter: 358.26 Area: 7,370 sq.ft. 0.17 acres Mapcheck Closure -(Uses Error Closure: 0.0088 Error North: -0.00564 Precision 1: 40,712.50 listed courses, radii, and deltas) Course: S 50-20-27 W East: -0.00680 page 1 SHY CREEK Project: 03185 Mon December 11 17:04:06 2006 Parcel Map Check Parcel name: LOT 2 North: 506933.6489 Line Course: S 00-18-47 W North: 506870.6498 Line Course: N 89-41-13 W North: 506871.2807 Curve Length: 63.00 Delta: 1-27-24 Chord: 63.00 Course In: S 89-38-03 E RP North: 506855.4587 End North: 506934.2672 Line Course: S 89-41-13 E North: 506933.6411 East: 1643364.7928 Length: 63.00 East: 1643364.4486 Length: 115.46 East: 1643248.9903 Radius: 2478.00 Tangent: 31. 51 Course: N 01-05-39 E Course Out: N ·88-10-39 W East: 1645726.9398 East: 1643250.1933 Length: 114.60 East 1643364.7916 Perimeter: 356.07 Area: 7,255 sq.ft. 0.17 acres Mapcheck Closure -(Uses Error Closure: 0.0079 Error North: -0.00779 Precision 1: 45,070.89 listed courses, radii, and deltas) Course: S 08-53-39 W East: -0.00122 page 1 SHY CREEK Project: 03185 Mon December 11 17:04:08 2006 Parcel Map Check Parcel name: LOT 3 North: 506870.6498 Line Course: S 00-18-47 W North: 506807.6507 Line Course: N 89-41-13 W North: 506808.2816 Line Course: N 00-18-47 E North: 506869.0007 Curve Length: 2.28 Delta: 0-03-10 Chord: 2.28 Course In: S 89-41-13 E RP North: 506855.4613 End North: 506871.2833 Line Course: S 89-41-13 E North: 506870.6524 Line Course: S 00-18-47 W North: 506807.6533 Line Course: N 00-18-47 E North: 506870.6524 East: 1643364.4486 Length: 63.00 East: 1643364.1044 Length: 115.46 East 1643248.6461 Length: 60.72 East 1643248.9779 Radius: 2478.00 Tangent: 1.14 Course: N 00-20-22 E Course Out: N 89-38-03 W East: 1645726.9409 East: 1643248.9914 Length: 115.46 East 1643364.4497 Length: 63.00 East 1643364.1055 Length: 63.00 East 1643364.4497 Perimeter: 482.92 Area: 7,274 sq.ft. 0.17 acres Mapcheck Closure -(Uses Error Closure: 0.0028 Error North: 0.00259 Precision 1: 172,471.43 listed courses, radii, and deltas) Course: N 22-19-59 E East: 0.00107 page 1 SHY CREEK Project: 03185 Mon December 11 17:04:10 2006 Parcel Map Check Parcel name: LOT 4 North: 506807.6507 Line Course: N 89-41-13 W North: 506808.2816 Line Course: S 00-18-47 W North: 506745.2825 Line Course: S 89-41-13 E North: 506744.6517 Line Course: N 00-18-47 E North: 506807.6507 East: 1643364.1044 Length: 115.46 East 1643248.6461 Length: 63.00 East 1643248.3019 Length: 115.46 East 1643363.7602 Length: 63.00 East 1643364.1044 Perimeter: 356.92 Area: 7,274 sq. ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 356,920,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:04:13 2006 Parcel Map Check Parcel name: LOT 5 North: 506744.6517 Line Course: N 89-41-13 W North: 506745.2825 Line Course: S 00-18-47 W North: 506682.2835 Line Course: S 89-41-13 E North: 506681.6526 Line Course: N 00-18-47 E North: 506744.6517 East: 1643363.7602 Length: 115.46 East 1643248.3019 Length: 63.00 East 1643247.9577 Length: 115.46 East 1643363.4159 Length: 63.00 East 1643363.7602 Perimeter: 356.92 Area: 7,274 sq. ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 356,920,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:04:15 2006 Parcel Map Check Parcel name: LOT 6 North: 506681.6526 Line Course: N 89-41-13 W North: 506682.2835 Line Course: S 00-18-47 W North: 506619.2844 Line Course: S 89-41-13 E North: 506618.6536 Line Course: N 00-18-47 E North: 506681.6526 East: 1643363.4159 Length: 115.46 East 1643247.9577 Length: 63.00 East 1643247.6135 Length: 115.46 East 1643363.0717 Length: 63.00 East 1643363.4159 Perimeter: 356.92 Area: 7,274 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 356,920,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:04:19 2006 Parcel Map Check Parcel name: LOT 7 North: 506618.6536 East : 1643363.0717 Line Course: N 89-41-13 W Length: 115.46 North: 506619.2844 East 1643247.6135 Line Course: S 00-18-47 W Length: 63.00 North: 506556.2854 East 1643247.2692 Line Course: S 89-41-13 E Length: 115.46 North: 506555.6545 East 1643362.7275 Line Course: N 00-18-47 E Length: 63.00 North: 506618.6536 East 1643363.0717 Perimeter: 356.92 Area: 7,274 sq. ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 356,920,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:04:25 2006 Parcel Map Check Parcel name: LOT 8 North: 506431.4684 Line Course: N 00-18-47 E North: 506555.6565 Line Course: N 89-41-13 W North: 506556.0390 Line Course: S 00-18-47 W North: 506433.3208 Line Course: S 88-29-16 E North: 506431.4730 East: 1643362.0490 Length: 124.19 East 1643362.7275 Length: 70.00 East 1643292.7286 Length: 122.72 East 1643292.0580 Length: 70.02 East 1643362.0537 Perimeter: 386.93 Area: 8,642 sq. ft. 0.20 acres Mapcheck Closure -(Uses Error Closure: 0.0066 Error North: 0.00460 Precision 1: 58,625.76 listed courses, radii, and deltas) Course: N 45-31-40 E East: 0.00469 page 1 SHY CREEK Project: 03185 Mon December 18 10:20:28 2006 Parcel Map Check Parcel name: LOT 9 North: 506531.7616 Line Course: N 47-24-15 E North: 506556.2829 Line Course: S 89-41-13 E North: 506556.0345 Line Course: S 00-18-47 W North: 506433.3163 Line Course: N 88-29-16 W North: 506435.2169 Line Course: N 00-18-47 E North: 506531.7655 East Length: Length: Length: Length: Length: : 1643220.5948 36.23 East 1643247.2654 45.46 East 1643292.7247 122.72 East 1643292.0542 72.02 East 1643220.0593 96.55 East 1643220.5868 Perimeter: 372.98 Area: 8,454 sq. ft. 0.19 acres Mapcheck Closure -(Uses Error Closure: 0.0089 Error North: 0.00390 Precision 1: 41,907.87 listed courses, radii, and deltas) Course: N 63-59-48 W East: -0.00800 page 1 SHY CREEK Project: 03185 Mon December 11 17:04:38 2006 Parcel Map Check Parcel name: LOT 10 North: 506435.2166 East : 1643220.0673 Line Course: N 00-18-47 E Length: 96.55 North: 506531.7652 East 1643220.5949 Line Course: N 50-18-58 W Length: 20.00 North: 506544.5362 East 1643205.2033 Line Course: S 32-41-52 W Length: 41. 08 North: 506509.9661 East 1643183.0115 Line Course: N 89-41-13 W Length: 80.00 North: 506510.4032 East 1643103.0127 Line Course: S 00-18-47 W Length: 72.09 North: 506438.3143 East 1643102.6189 Line Course: S 88-29-16 E Length: 117.49 North: 506435.2137 East 1643220.0679 Perimeter: 427.20 Area: 9,432 sq. ft. 0.22 acres Mapcheck Closure -(Uses Error Closure: 0.0030 Error North: -0.00294 Precision 1: 142,403.33 listed courses, radii, and deltas) Course: S 11-38-27 E East: 0.00061 page 1 SHY CREEK Project: 03185 Mon December 11 17:05:33 2006 Parcel Map Check Parcel name: LOT 11 North: 506510.4037 East : 1643103.0153 Line Course: N 89-41-13 W Length: 99.00 North: 506510.9446 East 1643004.0167 Line Course: N 00-18-47 E Length: 30.00 North: 506540.9442 East 1643004.1807 Line Course: N 89-41-13 W Length: 26.00 North: 506541.0862 East 1642978.1810 Line Course: S 00-18-47 W Length: 99.47 North: 506441.6177 East 1642977.6376 Line Course: S 88-29-16 E Length: 125.03 North: 506438.3182 East 1643102.6240 Line Course: N 00-18-47 E Length: 72.09 North: 506510.4071 East 1643103.0179 Perimeter: 451.59 Area: 9,627 sq.ft. 0.22 acres Mapcheck Closure -(Uses Error Closure: 0.0043 Error North: 0.00337 Precision 1: 105,020.93 listed courses, radii, and deltas) Course: N 38-00-05 E East: 0.00264 page 1 SHY CREEK Project: 03185 Mon December 11 17:05:35 2006 Parcel Map Check Parcel name: LOT 12 North: 506585.4026 East : 1643103.4250 Line Course: N 89-41-13 W Length: 125.00 North: 506586.0856 East 1642978.4269 Line Course: S 00-18-47 W Length: 45.00 North: 506541.0862 East 1642978.1810 Line Course: S 89-41-13 E Length: 26.00 North: 506540.9442 East 1643004.1807 Line Course: S 00-18-47 W Length: 30.00 North: 506510.9446 East 1643004.0167 Line Course: S 89-41-13 E Length: 99.00 North: 506510.4037 East 1643103.0153 Line Course: N 00-18-47 E Length: 75.00 North: 506585.4026 East 1643103.4250 Perimeter: 400.00 Area: 8,595 sq.ft. 0.20 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 400,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:05:37 2006 Parcel Map Check Parcel name: LOT 13 North: 506659.4015 Line Course: N 89-41-13 W North: 506659.7566 Curve Length: 52.50 Delta: 39-34-48 Chord: 51.46 Course In: N 00-18-47 E RP North: 506735.7555 End North: 506677.4450 Line Course: S 30-02-37 W North: 506657.2409 Line Course: S 00-18-47 W North: 506586.0920 Line Course: S 89-41-13 E North: 506585.4090 Line Course: N 00-18-47 E North: 506659.4079 East: 1643103.8294 Length: 65.00 East : Radius: Tangent: Course: Course Out: East East Length: 23.34 East Length: 71.15 East Length: 125.00 East Length: 74.00 East 1643038.8303 76.00 27.35 N 69-53-49 W S 39-53-35 W 1643039.2456 1642990.5025 1642978.8171 1642978.4284 1643103.4265 1643103.8308 Perimeter: 411.00 Area: 9,601 sq. ft. 0.22 acres Mapcheck Closure -(Uses Error Closure: 0.0065 Error North: 0.00639 Precision 1: 63,229.23 listed courses, radii, and deltas) Course: N 12-42-02 E East: 0.00144 page 1 SHY CREEK Project: 03185 Mon December 11 17:05:39 2006 Parcel Map Check Parcel name: LOT 14 North: 506584.8453 East : 1643205.4235 Line Course: N 89-41-13 W Length: 102.00 North: 506585.4026 East 1643103.4250 Line Course: S 00-18-47 W Length: 75.00 North: 506510.4037 East 1643103.0153 Line Course: S 89-41-13 E Length: 80.00 North: 506509.9666 East 1643183.0141 Line Course: N 32-41-52 E Length: 41. 08 North: 506544.5367 East 1643205.2058 Line Course: N 00-18-47 E Length: 40.31 North: 506584.8461 East 1643205.4260 Perimeter: 338.39 Area: 7,268 sq. ft. 0.17 acres Mapcheck Closure -(Uses Error Closure: 0.0027 Error North: 0.00085 Precision 1: 125,329.63 listed courses, radii, and deltas) Course: N 71-27-03 E East: 0.00252 page 1 SHY CREEK Project: 03185 Mon December 11 17:05:40 2006 Parcel Map Check Parcel name: LOT 15 North: 506584.8453 Line Course: N 00-18-47 E North: 506633.8446 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: N 89-41-13 W RP North: 506633.9811 End North: 506658.9808 Line Course: N 89-41-13 W North: 506659.4015 Line Course: S 00-18-47 W North: 506585.4026 Line Course: S 89-41-13 E North: 506584.8453 East: 1643205.4235 Length: 49.00 East : Radius: Tangent: Course: Course Out: East East Length: 77.00 East Length: 74.00 East Length: 102.00 East 1643205.6913 25.00 25.00 N 44-41-13 W N 00-18-47 E 1643180.6916 1643180.8282 1643103.8294 1643103.4250 1643205.4235 Perimeter: 341.27 Area: 7,414 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 341,270,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:05:43 2006 Parcel Map Check Parcel name: LOT 16 North: 506777.8424 Line Course: N 89-41-13 W North: 506778.3943 Line Course: S 00-18-47 W North: 506701.3954 Line Course: S 89-41-13 E North: 506700.9801 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: N 00-18-47 E RP North: 506725.9798 End North: 506725.8432 Line Course: N 00-18-47 E North: 506777.8424 East: 1643206.4780 Length: 101.00 East Length: 77.00 East Length: 76.00 East Radius: Tangent: Course: Course Out: East East Length: 52.00 East 1643105.4796 1643105.0588 1643181.0577 25.00 25.00 N 45-18-47 E S 89-41-13 E 1643181.1943 1643206.1939 1643206.4780 Perimeter: 345.27 Area: 7,643 sq.ft. 0.18 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 345,270,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:05:45 2006 Parcel Map Check Parcel name: LOT 17 North: 506849.8413 Line Course: N 89-41-13 W North: 506850.3932 Line Course: S 00-18-47 W North: 506778.3943 Line Course: S 89-41-13 E North: 506777.8424 Line Course: N 00-18-47 E North: 506849.8413 East: 1643206.8714 Length: 101. 00 East 1643105.8729 Length: 72.00 East 1643105.4796 Length: 101.00 East 1643206.4780 Length: 72.00 East 1643206.8714 Perimeter: 346.00 Area: 7,272 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 346,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:05:47 2006 Parcel Map Check Parcel name: LOT 18 North: 506849.8413 Line Course: N 00-18-47 E North: 506869.2310 Curve Length: 52.61 Delta: 1-11-46 Chord: 52.61 Course In: S 89-41-13 E RP North: 506855.4622 End North: 506921.8311 Line Course: N 89-41-13 W North: 506922.3860 Line Course: S 00-18-47 W North: 506850.3871 Line Course: S 89-41-13 E North: 506849.8352 East: 1643206.8714 Length: 19.39 East: 1643206.9774 Radius: 2520.00 Tangent: 26.31 Course: N 00-54-40 E Course Out: N 88-29-27 W East: 1645726.9398 East: 1643207.8139 Length: 101. 55 East 1643106.2654 Length: 72. 00 East 1643105.8720 Length: 101. 00 East 1643206.8705 Perimeter: 346.55 Area: 7,282 sq.ft. 0.17 acres Mapcheck Closure -(Uses Error Closure: 0.0062 Error North: -0.00610 Precision 1: 55,895.16 listed courses, radii, and deltas) Course: S 08-41-02 W East : -0.00093 page 1 SHY CREEK Project: 03185 Mon December 11 17:05:49 2006 Parcel Map Check Parcel name: LOT 19 North: 506993.8236 Line Course: N 89-41-13 W North: 506994.3911 Line Course: S 00-18-47 W North: 506922.3921 Line Course: S 89-41-13 E North: 506921.8373 CUrve Length: 48.22 Del ta: 1-05 -4 7 Chord: 48.21 Course In: S 88-29-27 E RP North: 506855.4683 End North: 506970.0272 CUrve Length: 23.82 Delta: 0-33-03 Chord: 23.82 Course In: N 87-23-40 W RP North: 507082.6767 End North: 506993.8305 East: 1643210.5135 Length: 103.86 East 1643106.6550 Length: 72.00 East 1643106.2616 Length: 101. 55 East: 1643207.8101 Radius: 2520.00 Tangent: 24.11 Course: N 02-03-27 E Course Out: N 87-23-40 W East: 1645726.9360 East: 1643209.5413 Radius: 2478.00 Tangent: 11.91 Course: N 02-19-48 E Course Out: S 87-56-43 E East 1640734.1031 East 1643210.5098 Perimeter: 349.44 Area: 7,389 sq. ft. 0.17 acres Mapcheck Closure -(Uses Error Closure: 0.0078 Error North: 0.00692 Precision 1: 44,801.28 listed courses, radii, and deltas) Course: N 27-46-15 W East: -0.00365 page 1 SHY CREEK Project: 03185 Mon December 11 17:05:51 2006 Parcel Map Check Parcel name: LOT 20 North: 507148.4816 Line Course: N 89-59-40 W North: 507148.4920 Line Course: S 00-18-47 W North: 507085.3129 Line Course: S 88-11-13 E North: 507083.8319 Line Course: S 79-37-03 E North: 507072.8476 Line Course: N 00-18-47 E North: 507148.4765 East Length: Length: Length: Length: Length: : 1643212.5032 106.82 East 1643105.6832 63.18 East 1643105.3380 46.81 East 1643152.1246 60.95 East 1643212.0766 75.63 East 1643212.4899 Perimeter: 353.39 Area: 7,201 sq. ft. 0.17 acres Mapcheck Closure -(Uses Error Closure: 0.0143 Error North: -0.00516 Precision 1: 24,712.59 listed courses, radii, and deltas) Course: S 68-54-15 W East: -0.01337 page 1 SHY CREEK Project: 03185 Mon December 11 17:08:07 2006 Parcel Map Check Parcel name: LOT 21 North: 507218.3806 East : 1643212.8852 Line Course: N 89-41-13 W Length: 103.00 North: 507218.9434 East 1643109.8867 Line Course: S 00-18-47 W Length: 70.45 North: 507148.4944 East 1643109.5018 Line Course: S 89-59-40 E Length: 103.00 North: 507148.4844 East 1643212.5018 Line Course: N 00-18-47 E Length: 69.90 North: 507218.3834 East 1643212.8837 Perimeter: 346.35 Area: 7,228 sq.ft. 0.17 acres Mapcheck Closure -(Uses Error Closure: 0.0032 Error North: 0.00279 Precision 1: 108,234.38 listed courses, radii, and deltas) Course: N 27-42-47 W East: -0.00147 page 1 SHY CREEK Project: 03185 Mon December 11 17:08:04 2006 Parcel Map Check Parcel name: LOT 22 North: 506778.9406 Line Course: S 89-41-13 E North: 506778.3943 Line Course: S 00-18-47 W North: 506701.3954 Line Course: N 89-41-13 W North: 506701.7560 Curve Length: 53.41 Delta: 90-00-00 Chord: 48.08 Course In: N 00-18-47 E RP North: 506735.7555 End North: 506735.9413 Line Course: N 00-18-47 E North: 506778.9406 East: 1643005.4810 Length: 100.00 East Length: 77.00 East Length: 66.00 East Radius: Tangent: Course: Course Out: East East Length: 43.00 East 1643105.4796 1643105.0588 1643039.0598 34.00 34.00 N 44-41-13 W N 89-41-13 W 1643039.2456 1643005.2461 1643005.4810 Perimeter: 339.41 Area: 7,452 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: -0.00000 Precision 1: 339,410,000.00 courses, radii, and deltas) Course: S 75-57-50 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:08:02 2006 Parcel Map Check Parcel name: LOT 23 North: 506850.9396 East : 1643005.8744 Line Course: S 89-41-13 E Length: 100.00 North: 506850.3932 East 1643105.8729 Line Course: S 00-18-47 W Length: 72.00 North: 506778.3943 East 1643105.4796 Line Course: N 89-41-13 W Length: 100.00 North: 506778.9406 East 1643005.4810 Line Course: N 00-18-47 E Length: 72.00 North: 506850.9396 East 1643005.8744 Perimeter: 344.00 Area: 7,200 sq. ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 344,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:07:59 2006 Parcel Map Check Parcel name: LOT 24 North: 506922.9385 Line Course: S 89-41-13 E North: 506922.3921 Line Course: S 00-18-47 W North: 506850.3932 Line Course: N 89-41-13 W North: 506850.9396 Line Course: N 00-18-47 E North: 506922.9385 East: 1643006.2678 Length: 100.00 East 1643106.2663 Length: 72.00 East 1643105.8729 Length: 100.00 East 1643005.8744 Length: 72.00 East 1643006.2678 Perimeter: 344.00 Area: 7,200 sq. ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 344,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:07:57 2006 Parcel Map Check Parcel name: LOT 25 North: 506994.9374 Line Course: S 89-41-13 E North: 506994.3910 Line Course: S 00-18-47 W North: 506922.3921 Line Course: N 89-41-13 W North: 506922.9385 Line Course: N 00-18-47 E North: 506994.9374 .East : 1643006.6612 Length: 100.00 East 1643106.6597 Length: 72.00 East 1643106.2663 Length: 100.00 East 1643006.2678 Length: 72.00 East 1643006.6612 Perimeter: 344.00 Area: 7,200 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 344,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Man December 11 17:07:55 2006 Parcel Map Check Parcel name: LOT 26 North: 507148.4921 East : 1643105.6881 Line Course: N 89-59-40 W Length: 98.19 North: 507148.5016 East 1643007.4981 Line Course: S 00-18-47 W Length: 92.00 North: 507056.5030 East 1643006.9955 Line Course: N 70-18-47 E Length: 87.07 North: 507085.8352 East 1643088.9760 Line Course: S 88-11-13 E Length: 16.38 North: 507085.3170 East 1643105.3478 Line Course: N 00-18-47 E Length: 63.18 North: 507148.4960 East 1643105.6930 Perimeter: 356.81 Area: 7,357 sq.ft. 0.17 acres Mapcheck Closure -(Uses Error Closure: 0.0062 Error North: 0.00392 Precision 1: 57,551.61 listed courses, radii, and deltas) Course: N 51-07-41 E East: 0.00486 page 1 SHY CREEK Project: 03185 Mon December 11 17:07:52 2006 Parcel Map Check Parcel name: LOT 27 North: 507218.9434 Line Course: N 89-41-13 W North: 507219.5007 Line Course: S 00-18-47 W North: 507148.5017 Line Course: S 89-59-40 E North: 507148.4918 Line Course: N 00-18-47 E North: 507218.9408 East: 1643109.8867 Length: 102.00 East 1643007.8882 Length: 71.00 East 1643007.5003 Length: 102.00 East 1643109.5003 Length: 70.45 East 1643109.8852 Perimeter: 345.45 Area: 7,214 sq. ft. 0.17 acres Mapcheck Closure -(Uses Error Closure: 0.0030 Error North: -0.00257 Precision 1: 115,150.00 listed courses, radii, and deltas) Course: S 29-58-04 W East: -0.00148 page 1 SHY CREEK Project: 03185 Mon December 11 17:07:50 2006 Parcel Map Check Parcel name: LOT 28 North: 507330.1165 Line Course: S 00-18-47 W North: 507219.1182 Line Course: N 89-41-13 W North: 507219.5007 Line Course: N 00-18-47 E North: 507305.4994 CUrve Length: 39.27 Delta: 90-00-00 Chord: 35. 36 Course In: S 89-41-13 E RP North: 507305.3628 End North: 507330.3624 Line Course: S 89-41-13 E North: 507330.1165 East: 1643078.4937 Length: 111.00 East Length: 70.00 East Length: 86.00 East Radius: Tangent: Course: Course Out: East East Length: 45.00 East 1643077.8872 1643007.8882 1643008.3581 25.00 25.00 N 45-18-47 E N 00-18-47 E 1643033.3577 1643033.4943 1643078.4937 Perimeter: 351.27 Area: 7,636 sq.ft. 0.18 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 351,270,000.00 courses, radii, and deltas) Course: N 75-57-50 W East: -0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:07:48 2006 Parcel Map Check Parcel name: LOT 29 North: 507329.7614 East : 1643143.4927 Line Course: S 00-18-47 W Length: 111.00 North: 507218.7630 East 1643142.8862 Line Course: N 89-41-13 W Length: 65.00 North: 507219.1182 East 1643077.8872 Line Course: N 00-18-47 E Length: 111.00 North: 507330.1165 East 1643078.4937 Line Course: S 89-41-13 E Length: 65.00 North: 507329.7614 East 1643143.4927 Perimeter: 352.00 Area: 7,215 sq. ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 352,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:07:45 2006 Parcel Map Check Parcel name: LOT 30 North: 507329.7614 Line Course: S 89-41-13 E North: 507329.5647 Curve Length: 53.41 Delta: 90-00-00 Chord: 48.08 Course In: S 00-18-47 W RP North: 507295.5652 End North: 507295.3794 Line Course: S 00-18-47 W North: 507218.3806 Line Course: N 89-41-13 W North: 507218.7630 Line Course: N 00-18-47 E North: 507329.7614 East: 1643143.4927 Length: 36.00 East : Radius: Tangent: Course: Course Out: East East Length: 77.00 East Length: 70.00 East Length: 111. 00 East 1643179.4922 34.00 34.00 S 44-41-13 E S 89-41-13 E 1643179.3064 1643213.3059 1643212.8852 1643142.8862 1643143.4927 Perimeter: 347.41 Area: 7,522 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 347,410,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:07:34 2006 Parcel Map Check Parcel name: LOT 31 North: 507234.9040 East : 1643366.4389 Line Course: N 89-41-13 W Length: 111.46 North: 507235.5l30 East : 1643254.9805 Line Course: S 00-18-47 W Length: 42.30 North: 507193.2136 East : 1643254.7494 Curve Length: 39.41 Radius: 25.00 Delta: 90-18-47 Tangent: 25.14 Chord: 35.45 Course: S 44-50-37 E Course In: S 89-41-13 E Course Out: S 00-00-00 W RP North: 507193.0770 East : 1643279.7490 End North: 507168.0770 East : 1643279.7490 CUrve Length: 0.14 Radius: 25.00 Delta: 0-18-47 Tangent: 0.07 Chord: 0.14 Course: N 89-50-37 W Course In: N 00-00-00 E Course Out: S 00-18-47 W RP North: 507193.0770 East 1643279.7490 End North: 507168.0774 East 1643279.6124 Line Course: S 89-41-13 E Length: 58.09 North: 507167.7600 East 1643337.7016 Line Course: S 89-41-13 E Length: 3.37 North: 507167.7416 East 1643341.0715 CUrve Length: 39.27 Radius: 25.00 Delta: 90-00-00 Tangent: 25.00 Chord: 35.36 Course: N 45-18-47 E Course In: N 00-18-47 E Course Out: S 89-41-l3 E RP North: 507192.7412 East 1643341.2081 End North: 507192.6046 East 1643366.2077 Line Course: N 00-18-47 E Length: 42.30 North: 507234.9040 East 1643366.4389 Perimeter: 336.34 Area: 7,233 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 336,340,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:07:31 2006 Parcel Map Check Parcel name: LOT 32 North: 507299.5030 Line Course: N 89-41-13 W North: 507300.1129 Curve Length: 4.97 Delta: 3-44-37 Chord: 4.96 Course In: S 86-34-10 W RP North: 507295.5651 End North: 507295.1499 Line Course: S 00-18-47 W North: 507235.5108 Line Course: S 89-41-13 E North: 507234.9018 Line Course: N 00-18-47 E North: 507299.5008 East: 1643366.7918 Length: 111.62 East : Radius: Tangent: Course: Course Out: East East Length: 59.64 1643255.1735 76.00 2.48 S 01-33-31 E S 89-41-13 E 1643179.3097 1643255.3085 East 1643254.9827 Length: 111.46 East 1643366.4410 Length: 64.60 East 1643366.7940 Perimeter: 352.29 Area: 7,201 sq.ft. 0.17 acres Mapcheck Closure -(Uses Error Closure: 0.0031 Error North: -0.00219 Precision 1: 113,641.94 listed courses, radii, and deltas) Course: S 44-30-40 E East: 0.00216 page 1 SHY CREEK project: 03185 Mon December 11 17:07:28 2006 Parcel Map Check Parcel name: LOT 33 North: 507362.0021 Line Course: N 89-41-13 W North: 507362.7544 Line Course: S 33-41-33 W North: 507356.2230 Curve Length: 65.69 Delta: 49-31-22 Chord: 63.66 Course In: S 37-02-48 W RP North: 507295.5640 End North: 507300.1117 Line Course: S 89-41-13 E North: 507299.5018 Line Course: N 00-18-47 E North: 507362.0009 East: 1643367.1333 Length: 13 7.69 East Length: 7.85 East Radius: Tangent: Course: Course Out: East : East : Length: 111.62 East Length: 62.50 East 1643229.4454 1643225.0907 76.00 35.05 S 28-11-31 E N 86-34-10 E 1643179.3033 1643255.1671 1643366.7855 1643367.1270 Perimeter: 385.35 Area: 7,712 sq.ft. 0.18 acres Mapcheck Closure -(Uses Error Closure: 0.0065 Error North: -0.00118 Precision 1: 59,284.62 listed courses, radii, and deltas) Course: S 79-26-00 W East: -0.00635 page 1 SHY CREEK Project: 03185 Mon December 11 17:07:26 2006 Parcel Map Check Parcel name: LOT 34 North: 507471..9029 East : 1643367.7338 Line Course: N 88-21-13 W Length: 70.02 North: 507473.9147 East : 1643297.7427 Line Course: S 00-18-47 W Length: 111. 53 North: 507362.3863 East 1643297.1333 Line Course: S 89-41-13 E Length: 70.00 North: 507362.0039 East 1643367.1323 Line Course: N 00-18-47 E Length: 109.90 North: 507471..9022 East 1643367.7328 Perimeter: 361.45 Area: 7,750 sq. ft. 0.18 acres Mapcheck Closure -(Uses Error Closure: 0.0013 Error North: -0.00070 Precision 1: 278,038.46 listed courses, radii, and deltas) Course: S 56-07-01 W East: -0.00105 page 1 SHY CREEK Project: 03185 Mon December 11 17:07:24 2006 Parcel Map Check Parcel name: LOT 35 North: 507473.9146 Line Course: N 88-21-13 W North: 507476.1694 Line Course: S 00-18-47 W North: 507382.8108 Line Course: S 33-41-33 W North: 507366.0871 Curve Length: 20.11 Delta: 15-09-47 Chord: 20.05 Course In: S 21-53-01 W RP North: 507295.5634 End North: 507356.2225 Line Course: N 33-41-33 E North: 507362.7539 Line Course: S 89-41-13 E North: 507362.3840 Line Course: N 00-18-47 E North: 507473.9124 East: 1643297.7437 Length: 78.48 East 1643219.2961 Length: 93.36 East 1643218.7860 Length: 20.10 East 1643207.6359 Radius: 76.00 Tangent: 10.12 Course: S 60-32-05 E Course Out: N 37-02-48 E East 1643179.3090 East 1643225.0963 Length: 7.85 East 1643229.4510 Length: 67.69 East 1643297.1400 Length: 111.53 East 1643297.7494 Perimeter: 399.12 Area: 8,985 sq. ft. 0.21 acres Mapcheck Closure -(Uses Error Closure: 0.0061 Error North: -0.00227 Precision 1: 65,429.51 listed courses, radii, and deltas) Course: S 67-57-18 E East: 0.00562 page 1 SHY CREEK Project: 03185 Mon December 11 17:07:22 2006 Parcel Map Check --------------------------------------------------------------------------- Parcel name: LOT 36 North: 507476.1695 Line Course: N 88-21-13 W North: 507477.8503 Line Course: N 89-41-13 W North: 507477.9077 Line Course: S 00-18-47 W North: 507371.7293 Line Course: S 89-41-13 E North: 507371.5654 Curve Length: 28.61 Delta: 21-34-14 Chord: 28.44 Course In: S 00-18-47 W RP North: 507295.5665 End North: 507366.0902 Line Course: N 33-41-33 E North: 507382.8139 Line Course: N 00-18-47 E North: 507476.1726 East: 1643219.2938 Length: 58.50 Length: Length: Length: East 10.52 East 106.18 East 30.00 East Radius: Tangent: Course: Course Out: East East Length: 20.10 East Length: 93.36 East 1643160.8179 1643150.2981 1643149.7179 1643179.7175 76.00 14.48 S 78-54-06 E N 21-53-01 E 1643179.3022 1643207.6291 1643218.7793 1643219.2894 Perimeter: 347.27 Area: 7,302 sq. ft. 0.17 acres Mapcheck Closure -(Uses Error Closure: 0.0053 Error North: 0.00305 Precision 1: 65,522.64 listed courses, radii, and deltas) Course: N 54-59-22 W East: -0.00435 page 1 SHY CREEK Project: 03185 Mon December 11 17:07:20 2006 Parcel Map Check Parcel name: LOT 37 North: 507477.9077 Line Course: N 89-41-13 W North: 507478.2792 Line Course: S 00-18-47 W North: 507372.1008 Line Course: S 89-41-13 E North: 507371.7293 Line Course: N 00-18-47 E North: 507477.9077 East: 1643150.3022 Length: 68.00 East: 1643082.3033 Length: 106.18 East 1643081.7231 Length: 68.00 East 1643149.7221 Length: 106.18 East 1643150.3022 Perimeter: 348.36 Area: 7,220 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 348,360,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:07:18 2006 Parcel Map Check Parcel name: LOT 38 North: 507478.2792 Line Course: N 89-41-13 W North: 507478.6781 Line Course: S 00-18-47 W North: 507397.4993 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: S 89-41-13 E RP North: 507397.3627 End North: 507372.3631 Line Course: S 89-41-13 E North: 507372.1008 Line Course: N 00-18-47 E North: 507478.2792 East: 1643082.3033 Length: 73.00 East Length: 81.18 East Radius: Tangent: Course: Course Out: East East Length: 48.00 East Length: 106.18 East 1643009.3043 1643008.8608 25.00 25.00 S 44-41-13 E S 00-18-47 W 1643033.8604 1643033.7238 1643081.7231 1643082.3033 Perimeter: 347.63 Area: 7,617 sq. ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: -0.00000 Precision 1: 347,630,000.00 courses, radii, and deltas) Course: S 75-57-50 E East: 0.00000 page 1 SHY CREEK project: 03185 Mon December 11 17:07:16 2006 Parcel Map Check Parcel name: LOT 39 North: 507552.8112 East : 1643161.2288 Line Course: N 88-21-13 W Length: 48.00 North: 507554.1903 East 1643113.2487 Line Course: S 00-18-47 W Length: 10.98 North: 507543.2104 East 1643113.1887 Line Course: N 89-41-13 W Length: 103.53 North: 507543.7761 East 1643009.6602 Line Course: S 00-18-47 W Length: 65.10 North: 507478.6771 East 1643009.3045 Line Course: S 89-41-13 E Length: 151.52 North: 507477.8492 East 1643160.8222 Line Course: N 00-18-47 E Length: 74.96 North: 507552.8081 East 1643161.2318 Perimeter: 454.09 Area: 10,363 sq. ft. 0.24 acres Mapcheck Closure -(Uses Error Closure: 0.0043 Error North: -0.00311 Precision 1: 105,602.33 listed courses, radii, and deltas) Course: S 43-48-19 E East: 0.00298 page 1 SHY CREEK project: 03185 Mon December 11 17:07:13 2006 Parcel Map Check Parcel name: LOT 40 North: 507614.2273 East : 1643113.5767 Line Course: N 89-41-13 W Length: 103.53 North: 507614.7930 East 1643010.0482 Line Course: S 00-18-47 W Length: 71. 02 North: 507543.7740 East 1643009.6602 Line Course: S 89-41-13 E Length: 103.53 North: 507543.2084 East 1643113.1886 Line Course: N 00-18-47 E Length: 10.98 North: 507554.1882 East 1643113.2486 Line Course: N 00-18-47 E Length: 60.04 North: 507614.2273 East 1643113.5767 Perimeter: 349.10 Area: 7,353 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: -0.00000 Precision 1: 349,100,000.00 courses, radii, and deltas) Course: S 75-57-50 W East: -0.00000 page 1 SHY CREEK project: 03185 Mon December 11 17:07:10 2006 Parcel Map Check Parcel name: LOT 41 North: 507694.2261 Line Course: N 88-21-13 W North: 507696.4663 Curve Length: 39.85 Delta: 91-20-00 Chord: 35.76 Course In: S 01-38-47 W RP North: 507671.4766 End North: 507671.6132 Line Course: S 00-18-47 W North: 507614.7940 Line Course: S 89-41-13 E North: 507614.2283 Line Course: N 00-18-47 E North: 507694.2272 East: 1643114.0138 Length: 77.97 East : Radius: Tangent: Course: Course Out: East East Length: 56.82 East Length: 103.53 East Length: 80.00 East 1643036.0760 25.00 25.59 S 45-58-47 W N 89-41-13 W 1643035.3577 1643010.3581 1643010.0476 1643113.5761 1643114.0132 Perimeter: 358.17 Area: 8,266 sq.ft. 0.19 acres Mapcheck Closure -(Uses Error Closure: 0.0012 Error North: 0.00105 Precision 1: 298,475.00 listed courses, radii, and deltas) Course: N 29-58-09 W East : -0.00061 page 1 SHY CREEK Project: 03185 Mon December 11 17:07:08 2006 Parcel Map Check Parcel name: LOT 42 North: 507701.2823 Line Course: S 88-21-13 E North: 507699.1103 CUrve Length: 38.69 Delta: 88-40-00 Chord: 34.94 Course In: S 01-38-47 W RP North: 507674.1206 End North: 507673.9840 Line Course: S 00-18-47 W North: 507621.3848 Line Course: N 89-41-13 W North: 507621.9312 Line Course: N 00-18-47 E North: 507701.2800 East: 1642868.5185 Length: 75.60 East : Radius: Tangent: Course: Course Out: East East Length: 52.60 1642944.0873 25.00 24.42 S 44-01-13 E S 89-41-13 E 1642943.3690 1642968.3687 East 1642968.0813 Length: 100.00 East 1642868.0828 Length: 79.35 East 1642868.5163 Perimeter: 346.23 Area: 7,691 sq. ft. 0.18 acres Mapcheck Closure -(Uses Error Closure: 0.0032 Error North: -0.00235 Precision 1: 108,200.00 listed courses, radii, and deltas) Course: S 43-09-58 W East : -0.00221 page 1 SHY CREEK Project: 03185 Mon December 11 17:07:06 2006 Parcel Map Check Parcel name: LOT 43 North: 507621.3887 East : 1642968.0835 Line Course: S 00-18-47 W Length: 72.00 North: 507549.3898 East : 1642967.6901 Line Course: N 89-41-13 W Length: 100.00 North: 507549.9362 East 1642867.6916 Line Course: N 00-18-47 E Length: 72.00 North: 507621.9351 East 1642868.0850 Line Course: S 89-41-13 E Length: 100.00 North: 507621.3887 East 1642968.0835 Perimeter: 344.00 Area: 7,200 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 344,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:07:03 2006 Parcel Map Check Parcel name: LOT 44 North: 507549.3898 East : 1642967.6901 Line Course: S 00-18-47 W Length: 72.00 North: 507477.3909 East : 1642967.2967 Line Course: N 89-41-13 W Length: 100.00 North: 507477.9373 East 1642867.2982 Line Course: N 00-18-47 E Length: 72.00 North: 507549.9362 East 1642867.6916 Line Course: S 89-41-13 E Length: 100.00 North: 507549.3898 East 1642967.6901 Perimeter: 344.00 Area: 7,200 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 344,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:07:01 2006 Parcel Map Check Parcel name: LOT 45 North: 507477.3909 Line Course: S 00-18-47 W North: 507405.3920 Line Course: N 89-41-13 W North: 507405.9384 Line Course: N 00-18-47 E North: 507477.9373 Line Course: S 89-41-13 E North: 507477.3909 East: 1642967.2967 Length: 72.00 East: 1642966.9033 Length: 100.00 East 1642866.9048 Length: 72.00 East 1642867.2982 Length: 100.00 East 1642967.2967 Perimeter: 344.00 Area: 7,200 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 344,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:06:57 2006 Parcel Map Check Parcel name: LOT 46 North: 507405.3920 East : 1642966.9033 Line Course: S 00-18-47 W Length: 72.00 North: 507333.3930 East : 1642966.5099 Line Course: N 89-41-13 W Length: 100.00 North: 507333.9394 East 1642866.5114 Line Course: N 00-18-47 E Length: 72.00 North: 507405.9384 East 1642866.9048 Line Course: S 89-41-13 E Length: 100.00 North: 507405.3920 East 1642966.9033 Perimeter: 344.00 Area: 7,200 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 344,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:06:54 2006 Parcel Map Check Parcel name: LOT 47 North: 507333.3930 Line Course: S 00-18-47 W North: 507261.3941 Line Course: N 89-41-13 W North: 507261.9405 Line Course: N 00-18-47 E North: 507333.9394 Line Course: S 89-41-13 E North: 507333.3930 East: 1642966.5099 Length: 72.00 East: 1642966.1165 Length: 100.00 East 1642866.1180 Length: 72.00 East 1642866.5114 Length: 100.00 East 1642966.5099 Perimeter: 344.00 Area: 7,200 sq. ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 344,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:06:52 2006 Parcel Map Check Parcel name: LOT 48 North: 507261.3941 East : 1642966.1165 Line Course: S 00-18-47 W Length: 72.00 North: 507189.3952 East : 1642965.7231 Line Course: N 89-41-13 W Length: 100.00 North: 507189.9416 East 1642865.7246 Line Course: N 00-18-47 E Length: 72.00 North: 507261.9405 East 1642866.1180 Line Course: S 89-41-13 E Length: 100.00 North: 507261.3941 East 1642966.1165 Perimeter: 344.00 Area: 7,200 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 344,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:06:51 2006 Parcel Map Check Parcel name: LOT 49 North: 507189.3952 Line Course: S 00-18-47 W North: 507137.3960 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: N 89-41-13 W RP North: 507137.5326 End North: 507112.5329 Line Course: N 89-41-13 W North: 507112.9427 Line Course: N 00-18-47 E North: 507189.9416 Line Course: S 89-41-13 E North: 507189.3952 East: 1642965.7231 Length: 52.00 East : Radius: Tangent: Course: Course Out: East East Length: 75.00 East Length: 77.00 East Length: 100.00 East 1642965.4390 25.00 25.00 S 45-18-47 W S 00-18-47 W 1642940.4394 1642940.3028 1642865.3039 1642865.7246 1642965.7231 Perimeter: 343.27 Area: 7,566 sq. ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 343,270,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Proj ect: 03185 Mon December 18 10:20:48 2006 Parcel Map Check Parcel name: LOT 50 North: 506930.3355 East : 1642964.3076 Line Course: S 00-18-47 W Length: 63.00 North: 506867.3364 East : 1642963.9634 Line Course: N 89-41-13 W Length: 136.00 North: 506868.0795 East 1642827.9654 Line Course: N 00-18-47 E Length: 29.14 North: 506897.2191 East 1642828.1.247 Line Course: N 47-17-06 E Length: 49.63 North: 506930.8857 East 1642864.5896 Line Course: S 89-41.-13 E Length: 99.72 North: 506930.3408 East 1642964.3082 Perimeter: 377.48 Area: 7,954 sq.ft. 0.18 acres Mapcheck Closure -(Uses Error Closure: 0.0054 Error North: 0.00535 Precision 1: 69,905.56 listed courses, radii, and deltas) Course: N 05-43-05 E East: 0.00054 page 1 SHY CREEK Project: 03185 Mon December 11 17:06:46 2006 Parcel Map Check Parcel name: LOT 51 North: 506867.3364 East : 1642963.9634 Line Course: N 89-41-13 W Length: 136.00 North: 506868.0795 East 1642827.9654 Line Course: S 00-18-47 W Length: 63.00 North: 506805.0805 East 1642827.6212 Line Course: S 89-41-13 E Length: 136.00 North: 506804.3374 East 1642963.6192 Line Course: N 00-18-47 E Length: 63.00 North: 506867.3364 East 1642963.9634 Perimeter: 398.00 Area: 8,568 sq. ft. 0.20 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 398,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:06:44 2006 Parcel Map Check Parcel name: LOT 52 North: 506804.3374 East : 1642963.6192 Line Course: N 89-41-13 W Length: 136.00 North: 506805.0805 East 1642827.6212 Line Course: S 00-18-47 W Length: 63.00 North: 506742.0814 East 1642827.2770 Line Course: S 89-41-13 E Length: 136.00 North: 506741.3383 East 1642963.2750 Line Course: N 00-18-47 E Length: 63.00 North: 506804.3374 East 1642963.6192 Perimeter: 398.00 Area: 8,568 sq.ft. 0.20 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 398,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:06:42 2006 Parcel Map Check Parcel name: LOT 53 North: 507070.9434 East : 1642865.0744 Line Course: N 89-41-13 W Length: 75.00 North: 507071.3531 East : 1642790.0755 Curve Length: 39.27 Radius: 25.00 Delta: 90-00-00 Tangent: 25.00 Chord: 35.36 Course: S 45-18-47 W Course In: S 00-18-47 W Course Out: N 89-41-13 W RP North: 507046.3535 East 1642789.9389 End North: 507046.4901 East 1642764.9393 Line Course: S 00-18-47 W Length: 72 .68 North: 506973.8112 East 1642764.5422 Line Course: N 68-33-16 E Length: 107.67 North: 507013.1772 East 1642864.7577 Line Course: N 00-18-47 E Length: 57.77 North: 507070.9463 East 1642865.0733 Perimeter: 352.38 Area: 7,638 sq.ft. 0.18 acres Mapcheck Closure -(Uses Error Closure: 0.0031 Error North: 0.00295 Precision 1: 113,674.19 listed courses, radii, and deltas) Course: N 19-40-51 W East: -0.00106 page 1 SHY CREEK Project: 03185 Mon December 11 17:06:40 2006 Parcel Map Check Parcel name: LOT 54 North: 507190.4880 Line Course: S 89-41-13 E North: 507189.9416 Line Course: S 00-18-47 W North: 507112.9427 Line Course: N 89-41-13 W North: 507113.3525 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: N 00-18-47 E RP North: 507138.3521 End North: 507138.4887 Line Course: N 00-18-47 E North: 507190.4880 East: 1642765.7261 Length: 100.00 East Length: 77.00 East Length: 75.00 East Radius: Tangent: Course: Course Out: East East Length: 52.00 East 1642865.7246 1642865.3039 1642790.3050 25.00 25.00 N 44-41-13 W N 89-41-13 W 1642790.4416 1642765.4420 1642765.7261 Perimeter: 343.27 Area: 7,566 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 343,270,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:06:38 2006 Parcel Map Check Parcel name: LOT 55 North: 507262.4869 Line Course: S 89-41-13 E North: 507261.9405 Line Course: S 00-18-47 W North: 507189.9416 Line Course: N 89-41-13 W North: 507190.4880 Line Course: N 00-18-47 E North: 507262.4869 East: 1642766.1195 Length: 100.00 East 1642866.1180 Length: 72.00 East 1642865.7246 Length: 100.00 East 1642765.7261 Length: 72.00 East 1642766.1195 Perimeter: 344.00 Area: 7,200 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 344,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:06:35 2006 Parcel Map Check Parcel name: LOT 56 North: 507334.4858 East : 1642766.5129 Line Course: S 89-41-13 E Length: 100.00 North: 507333.9394 East 1642866.5114 Line Course: S 00-18-47 W Length: 72.00 North: 507261.9405 East 1642866.1180 Line Course: N 89-41-13 W Length: 100.00 North: 507262.4869 East 1642766.1195 Line Course: N 00-18-47 E Length: 72.00 North: 507334.4858 East 1642766.5129 Perimeter: 344.00 Area: 7,200 sq. ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 344,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:06:33 2006 Parcel Map Check Parcel name: LOT 57 North: 507406.4847 East : 1642766.9063 Line Course: S 89-41-13 E Length: 100.00 North: 507405.9384 East 1642866.9048 Line Course: S 00-18-47 W Length: 72.00 North: 507333.9394 East 1642866.5114 Line Course: N 89-41-13 W Length: 100.00 North: 507334.4858 East 1642766.5129 Line Course: N 00-18-47 E Length: 72.00 North: 507406.4847 East 1642766.9063 Perimeter: 344.00 Area: 7,200 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 344,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:06:31 2006 Parcel Map Check Parcel name: LOT 58 North: 507478.4837 East : 1642767.2997 Line Course: S 89-41-l3 E Length: 100.00 North: 507477.9373 East 1642867.2982 Line Course: S 00-18-47 W Length: 72.00 North: 507405.9384 East 1642866.9048 Line Course: N 89-41-13 W Length: 100.00 North: 507406.4847 East 1642766.9063 Line Course: N 00-18-47 E Length: 72.00 North: 507478.4837 East 1642767.2997 Perimeter: 344.00 Area: 7,200 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 344,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK project: 03185 Mon December 11 17:06:29 2006 Parcel Map Check Parcel name: LOT 59 North: 507550.4826 Line Course: S 89-41-13 E North: 507549.9362 Line Course: S 00-18-47 W North: 507477.9373 Line Course: N 89-41-13 W North: 507478.4837 Line Course: N 00-18-47 E North: 507550.4826 East: 1642767.6931 Length: 100.00 East 1642867.6916 Length: 72.00 East 1642867.2982 Length: 100.00 East 1642767.2997 Length: 72.00 East 1642767.6931 Perimeter: 344.00 Area: 7,200 sq.ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 344,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:06:27 2006 Parcel Map Check Parcel name: LOT 60 North: 507622.4815 East : 1642768.0865 Line Course: S 89-41-13 E Length: 100.00 North: 507621.9351 East 1642868.0850 Line Course: S 00-18-47 W Length: 72.00 North: 507549.9362 East 1642867.6916 Line Course: N 89-41-13 W Length: 100.00 North: 507550.4826 East 1642767.6931 Line Course: N 00-18-47 E Length: 72.00 North: 507622.4815 East 1642768.0865 Perimeter: 344.00 Area: 7,200 sq. ft. 0.17 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 344,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 page 1 SHY CREEK Project: 03185 Mon December 11 17:06:24 2006 Parcel Map Check Parcel name: LOT 61 North: 507704.1562 Line Course: S 88-21-13 E North: 507701.2822 Line Course: S 00-18-47 W North: 507621.9334 Line Course: N 89-41-13 W North: 507622.4798 Line Course: N 00-18-47 E North: 507704.1586 East: 1642768.5327 Length: 100.03 East 1642868.5214 Length: 79. 35 East 1642868.0879 Length: 100.00 East 1642768.0894 Length: 81.68 East 1642768.5357 Perimeter: 361.05 Area: 8,051 sq. ft. 0.18 acres Mapcheck Closure -(Uses Error Closure: 0.0038 Error North: 0.00239 Precision 1: 95,015.79 listed courses, radii, and deltas) Course: N 50-47-00 E East: 0.00293 page 1 SHY CREEK Project: 03185 Mon December 11 17:17:56 2006 Parcel Map Check Parcel name: TRACT A North: 507094.6062 East : 1643365.6723 Curve Length: 39.41 Radius: 25.00 Delta: 90-18-47 Tangent: 25.14 Chord: 35.45 Course: N 44-50-37 W Course In: N 89-41-13 W Course Out: N 00-00-00 E RP North: 507094.7427 East : 1643340.6727 End North: 507119.7427 East : 1643340.6727 Curve Length: 0.14 Radius: 25.00 Delta: 0-18-47 Tangent: 0.07 Chord: 0.14 Course: S 89-50-36 E Course In: S 00-00-00 W Course Out: N 00-18-47 E RP North: 507094.7427 East 1643340.6727 End North: 507119.7424 East 1643340.8093 Line Course: N 89-41-13 W Length: 3.37 North: 507119.7608 East 1643337.4393 Curve Length: 6.81 Radius: 53.37 Delta: 7-18-39 Tangent: 3.41 Chord: 6.81 Course: S 86-39-28 W Course In: S 00-18-47 W Course Out: N 06-59-52 W RP North: 507066.3916 East 1643337.1477 End North: 507119.3640 East 1643330.6456 Line Course: S 58-50-33 W Length: 31.12 North: 507103.2628 East 1643304.0147 Line Course: S 58-07-33 W Length: 35.75 North: 507084.3848 East 1643273.6555 Line Course: S 73-52-22 W Length: 20.34 North: 507078.7349 East 1643254.1159 Line Course: S 00-18-47 W Length: 9.84 North: 507068.8951 East 1643254.0621 Curve Length: 71.65 Radius: 2520.00 Delta: 1-37-45 Tangent: 35.83 Chord: 71.65 Course: S 01-07-39 W Course In: N 89-41-13 W Course Out: S 88-03-28 E RP North: 507082.6639 East 1640734.0997 End North: 506997.2569 East 1643252.6520 Line Course: S 89-41-13 E Length: 26.28 North: 506997.1133 East 1643278.9316 Line Course: N 86-59-36 E Length: 86.35 North: 507001.6425 East 1643365.1628 Line Course: N 00-18-47 E Length: 92.96 North: 507094.6011 East 1643365.6707 Perimeter: 424.00 Area: 11,606 sq.ft. 0.27 acres Project: 03185 Parcel Map Mapcheck Closure -(Uses Error Closure: 0.0053 Error North: -0.00502 Precision 1: 80,003.77 page 2 SHY CREEK Mon December 11 17:17:56 2006 Check listed courses, radii, and deltas) Course: S 17-42-51 W East: -0.00160 page 1 SHY CREEK Project: 03185 Mon December 11 17:17:54 2006 Parcel Map Check Parcel name: TRACT B North: 507119.3640 East : 1643330.6478 Line Course: S 58-50-33 W Length: 31.12 North: 507103.2627 East 1643304.0169 Line Course: S 58-07-33 W Length: 35.75 North: 507084.3847 East 1643273.6576 Line Course: S 73-52-22 W Length: 20.34 North: 507078.7349 East 1643254.1181 Line Course: N 00-18-47 E Length: 6.48 North: 507085.2148 East 1643254.1535 Curve Length: 39.27 Radius: 25.00 Delta: 90-00-00 Tangent: 25.00 Chord: 35.36 Course: N 45-18-47 E Course In: S 89-41-13 E Course Out: N 00-18-47 E RP North: 507085.0782 East 1643279.1531 End North: 507110.0778 East 1643279.2897 Line Course: S 89-41-13 E Length: 3.37 North: 507110.0594 East 1643282.6596 Curve Length: 36.64 Radius: 101. 37 Delta: 20-42-38 Tangent: 18.52 Chord: 36.44 Course: N 79-57-28 E Course In: N 00-18-47 E Course Out: S 20-23-51 E RP North: 507211.4279 East : 1643283.2135 End North: 507116.4141 East : 1643318.5441 Curve Length: 12.48 Radius: 53.37 Delta: 13-23-59 Tangent: 6.27 Chord: 12.45 Course: N 76-18-09 E Course In: S 20-23-51 E Course Out: N 06-59-52 W RP North: 507066.3905 East 1643337.1452 End North: 507119.3630 East 1643330.6431 Line Course: S 07-01-06 E Length: 0.00 North: 507119.3630 East 1643330.6431 Perimeter: 185.45 Area: 1,053 sq. ft. 0.02 acres Mapcheck Closure -(Uses Error Closure: 0.0048 Error North: -0.00102 Precision 1: 38,635.42 listed courses, radii, and deltas) Course: S 77-40-00 W East: -0.00466 page 1 SHY CREEK Project: 03185 Mon December 11 17:17:52 2006 Parcel Map Check Parcel name: TRACT C North: 507167.7601 East : 1643337.7043 Line Course: N 89-41-13 W Length: 58.09 North: 507168.0774 East : 1643279.6152 Curve Length: 39.27 Radius: 25.00 Delta: 90-00-00 Tangent: 25.00 Chord: 35.36 Course: N 44-41-13 W Course In: N 00-18-47 E Course Out: N 89-41-13 W RP North: 507193.0771 East 1643279.7518 End North: 507193.2137 East 1643254.7521 Line Course: S 00-18-47 W Length: 10.00 North: 507183.2138 East 1643254.6975 Curve Length: 39.27 Radius: 25.00 Delta: 90-00-00 Tangent: 25.00 Chord: 35.36 Course: S 44-41-13 E Course In: S 89-41-13 E Course Out: S 00-18-47 W RP North: 507183.0772 East 1643279.6971 End North: 507158.0776 East 1643279.5605 Line Course: S 89-41-13 E Length: 3.37 North: 507158.0592 East 1643282.9305 Curve Length: 19.29 Radius: 53.37 Delta: 20-42-38 Tangent: 9.75 Chord: 19.19 Course: N 79-57-28 E Course In: N 00-18-47 E Course Out: S 20-23-51 E RP North: 507211.4284 East : 1643283.2221 End North: 507161.4048 East : 1643301.8232 Curve Length: 36.64 Radius: 101. 37 Delta: 20-42-38 Tangent: 18.52 Chord: 36.44 Course: N 79-57-28 E Course In: S 20-23-51 E Course Out: N 00-18-47 E RP North: 507066.3910 East 1643337.1538 End North: 507167.7595 East : 1643337.7077 Perimeter: 205.94 Area: 528 sq. ft. 0.01 acres Mapcheck Closure -(Uses Error Closure: 0.0034 Error North: -0.00055 Precision 1: 60,567.65 listed courses, radii, and deltas) Course: S 80-43-49 E East: 0.00336 page 1 SHY CREEK Project: 03185 Mon December 11 17:17:50 2006 Parcel Map Check Parcel name: TRACT D North: 507072.8498 East : 1643212.0900 Line Course: N 79-37-03 W Length: 60.95 North: 507083.8342 East 1643152.1380 Line Course: N 88-11-13 W Length: 63.19 North: 507085.8334 East 1643088.9796 Line Course: S 70-18-47 W Length: 87.07 North: 507056.5012 East 1643006.9991 Line Course: S 00-18-47 W Length: 61. 57 North: 506994.9321 East 1643006.6627 Line Course: S 89-41-13 E Length: 203.86 North: 506993.8183 East : 1643210.5196 Curve Length: 75.33 Radius: 2478.00 Delta: 1-44-30 Tangent: 37.66 Chord: 75.32 Course: N 01-11-02 E Course In: N 87-56-43 W Course Out: S 89-41-13 E RP North: 507082.6644 East 1640734.1129 End North: 507069.1251 East 1643212.0759 Line Course: N 00-18-47 E Length: 3.72 North: 507072.8450 East 1643212.0962 Perimeter: 555.68 Area: 17,008 sq.ft. 0.39 acres Mapcheck Closure -(Uses Error Closure: 0.0079 Error North: -0.00481 Precision 1: 70,340.51 listed courses, radii, and deltas) Course: S 52-13-33 E East: 0.00621 page 1 SHY CREEK Project: 03185 Mon December 11 17:17:47 2006 Parcel Map Check Parcel name: TRACT E North: 506981.4358 Line Course: S 00-18-47 W North: 506930.3366 Line Course: N 89-41-13 W North: 506930.8556 Line Course: N 53-02-26 E North: 506961.4051 Line Course: N 63-14-22 E North: 506981.4373 Line Course: S 90-00-00 E North: 506981.4373 East Length: Length: Length: Length: Length: : 1642964.5868 51.10 East 1642964.3076 95.00 East 1642869.3090 50.81 East 1642909.9094 44.49 East 1642949.6343 14.95 East 1642964.5843 Perimeter: 256.35 Area: 3,006 sq. ft. 0.07 acres Mapcheck Closure -(Uses Error Closure: 0.0030 Error North: 0.00152 Precision 1: 85,450.00 listed courses, radii, and deltas) Course: N 59-08-14 W East : -0.00254 page 1 SHY CREEK Project: 03185 Mon December 11 17:17:38 2006 Parcel Map Check Parcel name: TRACT F North: 507045.3973 East : 1642964.9363 Curve Length: 39.27 Radius: 25.00 Delta: 90-00-00 Tangent: 25.00 Chord: 35.36 Course: N 44-41-13 W Course In: N 89-41-13 W Course Out: N 00-18-47 E RP North: 507045.5339 East 1642939.9367 End North: 507070.5336 East 1642940.0733 Line Course: N 89-41-13 W Length: 75.00 North: 507070.9434 East 1642865.0744 Line Course: S 00-18-47 W Length: 57.77 North: 507013 .1742 East 1642864.7588 Line Course: N 68-33-16 E Length: 44.96 North: 507029.6124 East 1642906.6060 Line Course: N 74-51-41 E Length: 60.43 North: 507045.3940 East 1642964.9389 Perimeter: 277.42 Area: 3,855 sq.ft. 0.09 acres Mapcheck Closure -(Uses Error Closure: 0.0042 Error North: -0.00339 Precision 1: 66,054.76 listed courses, radii, and deltas) Course: S 36-54-12 E East: 0.00255 page 1 SHY CREEK Project: 03185 Mon December 18 10:21:05 2006 Parcel Map Check Parcel name: TRACT G North: 507045.3973 East : 1642964.9363 Line Course: S 00-18-47 W Length: 63.96 North: 506981.4383 East 1642964.5868 Line Course: N 90-00-00 W Length: 14.95 North: 506981.4383 East 1642949.6368 Line Course: S 63-14-22 W Length: 44.49 North: 506961.4061 East 1642909.9119 Line Course: S 53-02-26 W Length: 50.81 North: 506930.8566 East 1642869.3116 Line Course: N 89-41-13 W Length: 4.72 North: 506930.8824 East 1642864.5917 Line Course: S 47-17-06 W Length: 49.63 North: 506897.2158 East 1642828.1267 Line Course: S 00-18-47 W Length: 155.14 North: 506742.0781 East 1642827.2790 Line Course: S 35-46-54 W Length: 68.93 North: 506686.1586 East 1642786.9758 Line Course: S 00-18-47 W Length: 239.48 North: 506446.6822 East 1642785.6673 Line Course: N 88-29-16 W Length: 24.01 North: 506447.3158 East 1642761.6657 Line Course: N 00-18-47 E Length: 526.50 North: 506973.8079 East : 1642764.5424 Line Course: N 68-33-16 E Length: 152.63 North: 507029.6120 East 1642906.6051 Line Course: N 74-51-41 E Length: 60.43 North: 507045.3936 East 1642964.9380 Perimeter: 1455.68 Area: 34,168 sq.ft. 0.78 acres Mapcheck Closure -(Uses Error Closure: 0.0041 Error North: -0.00371 Precision 1: 355,043.90 listed courses, radii, and deltas) Course: S 24-07-26 E East: 0.00166 page 1 SHY CREEK project: 03185 Mon December 11 17:17:28 2006 Parcel Map Check Parcel name: TRACT H North: 506741.3383 East : 1642963.2750 Line Course: N 89-41-13 W Length: 136.00 North: 506742.0814 East 1642827.2770 Line Course: S 35-46-54 W Length: 68.93 North: 506686.1619 East 1642786.9738 Line Course: S 00-18-47 W Length: 239.48 North: 506446.6854 East 1642785.6653 Line Course: S 88-29-16 E Length: 41. 60 North: 506445.5876 East 1642827.2508 Line Course: N 01-30-44 E Length: 35.00 North: 506480.5754 East 1642828.1744 Line Course: S 88-29-16 E Length: 50.00 North: 506479.2559 East 1642878.1570 Line Course: S 01-30-44 W Length: 35.00 North: 506444.2681 East 1642877.2334 Line Course: S 88-29-16 E Length: 100.45 North: 506441.6172 East : 1642977.6484 Line Course: N 00-18-47 E Length: 215.63 North: 506657.2440 East 1642978.8266 Line Course: N 30-02-37 E Length: 23.34 North: 506677.4481 East 1642990.5119 Curve Length: 66.88 Radius: 76.00 Delta: 50-25-12 Tangent: 35.78 Chord: 64.74 Course: N 24-53-49 W Course In: N 39-53-35 E Course Out: N 89-41-13 W RP North: 506735.7586 East 1643039.2550 End North: 506736.1738 East 1642963.2562 Line Course: N 00-18-47 E Length: 5.17 North: 506741.3438 East 1642963.2844 Perimeter: 1017.47 Area: 53,861 sq. ft. 1.24 acres Mapcheck Closure -(Uses Error Closure: 0.0109 Error North: 0.00545 Precision 1: 93,346.79 listed courses, radii, and deltas) Course: N 60-03-10 E East: 0.00946 page 1 SHY CREEK Project: 03185 Mon December 11 17:05:57 2006 Parcel Map Check Parcel name: TRACT I North: 506479.2552 Line Course: N 88-29-16 W North: 506480.5747 Line Course: S 01-30-44 W North: 506445.5869 Line Course: S 88-29-16 E North: 506444.2674 Line Course: N 01-30-44 E North: 506479.2552 East: 1642878.1511 Length: 50.00 East Length: 35.00 East Length: 50.00 East Length: 35.00 East 1642828.1685 1642827.2449 1642877.2275 1642878.1511 Perimeter: 170.00 Area: 1,750 sq. ft. 0.04 acres Mapcheck Closure -(Uses listed Error Closure: 0.0000 Error North: 0.00000 Precision 1: 170,000,000.00 courses, radii, and deltas) Course: S 90-00-00 E East: 0.00000 • page 1 SHY CREEK Project: 03185 Mon December 18 10:20:07 2006 Parcel Map Check Parcel name: STREET AREA North: 507699.1102 Line Course: S 88-21-13 E North: 507696.4664 Curve Length: 39.85 Delta: 91-20-00 Chord: 35.76 Course In: S 01-38-47 W RP North: 507671.4767 End North: 507671.6133 Line Course: S 00-18-47 W North: 507397.4974 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: S 89-41-13 E RP North: 507397.3608 End North: 507372.3612 Line Course: S 89-41-13 E North: 507371.5634 Curve Length: 119.38 Delta: 90-00-00 Chord: 107.48 Course In: S 00-18-47 W RP North: 507295.5646 End North: 507295.1493 Line Course: S 00-18-47 W North: 507193.2109 Line Course: S 00-18-47 W North: 507183.2110 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: S 89-41-13 E RP North: 507183.0744 End North: 507158.0748 Line Course: S 89-41-13 E North: 507158.0564 Curve Length: 19.29 Delta: 20-42-38 Chord: 19.19 Course In: N 00-18-47 E RP North: 507211.4256 End North: 507161.4020 Curve Length: 36.64 East: 1642944.0895 Length: 92.02 East: 1643036.0715 Radius: 25.00 Tangent: 25.59 Course: S 45-58-47 W Course Out: N 89-41-13 W East: 1643035.3532 East: 1643010.3536 Length: 274.12 East : Radius: Tangent: Course: Course Out: East : East : Length: 146.00 East : Radius: Tangent: Course: Course Out: East : East : Length: 101.94 East Length: 10.00 East Radius: Tangent: Course: Course Out: East East Length: 3.37 East Radius: Tangent: Course: Course Out: East : East : Radius: 1643008.8559 25.00 25.00 S 44-41-13 E S 00-18-47 W 1643033.8555 1643033.7189 1643179.7167 76.00 76.00 S 44-41-13 E S 89-41-13 E 1643179.3015 1643255.3003 1643254.7434 1643254.6887 25.00 25.00 S 44-41-13 E S 00-18-47 W 1643279.6883 1643279.5517 1643282.9217 53.37 9.75 N 79-57-28 E S 20-23-51 E 1643283.2133 1643301.8144 101.37 page 2 SHY CREEK Project: 03185 Parcel Map Check Delta: 20-42-38 Tangent: Chord: 36.44 Course In: S 20-23-51 E RP North: 507066.3882 End North: 507167.7567 Line Course: S 89-41-13 E North: 507167.7383 Curve Length: 39.27 Delta: 90-00-00 Chord: 35. 36 Course In: N 00-18-47 E RP North: 507192.7379 End North: 507192.6013 Line Course: S 00-18-47 W North: 507094.6028 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: N 89-41-13 W RP North: 507094.7394 End North: 507119.7390 Course: Course Out: East East Length: 3.37 East Radius: Tangent: Course: Course Out: East East Length: 98.00 East Radius: Tangent: Course: Course Out: Line Course: N 89-41-13 W Length: East East 3.37 North: 507119.7574 Curve Length: 6.81 Delta: 7-18-39 Chord: 6.81 Course In: S 00-18-47 W RP North: 507066.3882 End North: 507119.3606 Curve Length: 12.48 Delta: 13-23-59 Chord: 12.45 Course In: S 06-59-52 E RP North: 507066.3882 End North: 507116.4118 Curve Length: 36.64 Delta: 20-42-38 Chord: 36. 44 Course In: N 20-23-51 W RP North: 507211.4256 End North: 507110.0571 Line Course: N 89-41-13 W North: 507110.0755 Curve Length: 39.27 Delta: 90-00-00 Chord: 35. 36 Course In: S 00-18-47 W RP North: 507085.0759 End North: 507085.2125 East Radius: Tangent: Course: Course Out: East : East : Radius: Tangent: Course: Course Out: East : East : Radius: Tangent: Course: Course Out: East East Length: 3.37 East Radius: Tangent: Course: Course Out: East East : Mon December 18 10:20:07 2006 18.52 N 79-57-28 E N 00-18-47 E 1643337.1450 1643337.6989 1643341.0688 25.00 25.00 N 45-18-47 E S 89-41-13 E 1643341.2054 1643366.2050 1643365.6696 25.00 25.00 N 44-41-13 W N 00-18-47 E 1643340.6700 1643340.8066 1643337.4366 53.37 3.41 S 86-39-28 W N 06-59-52 W 1643337.1450 1643330.6429 53.37 6.27 S 76-18-09 W N 20-23-51 W 1643337.1450 1643318.5439 101.37 18.52 S 79-57-28 W S 00-18-47 W 1643283.2133 1643282.6594 1643279.2895 25.00 25.00 S 45-18-47 W N 89-41-13 W 1643279.1529 1643254.1533 page 3 SHY CREEK project: 03185 Parcel Map Check Line Course: S 00-18-47 W Length: 16.32 North: 507068.8927 East Curve Length: 100.83 Radius: Delta: 2-17-33 Tangent: Chord: 100.82 Course: Course In: N 89-41-13 W Course Out: RP North: 507082.6615 East: End North: 506968.1027 East: Curve Length: 99.15 Radius: Delta: 2-17-33 Tangent: Chord: 99.14 Course: Course In: S 87-23-40 E Course Out: RP North: 506855.4532 East: End North: 506868.9926 East: Line Course: S 00-18-47 W Length: 312.72 North: 506556.2772 East Line Course: S 47-24-15 W Length: 36.23 North: 506531.7560 East Line Course: N 50-18-58 W Length: 20.00 North: 506544.5270 East Line Course: N 00-18-47 E Length: 89.31 North: 506633.8356 East Curve Length: 39.27 Radius: Delta: 90-00-00 Tangent: Chord: 35.36 Course: Course In: N 89-41-13 W Course Out: RP North: 506633.9722 East: End North: 506658.9719 East: Line Course: N 89-41-13 W Length: 142.00 North: 506659.7477 East: Curve Length: 119.38 Radius: Delta: 90-00-00 Tangent: Chord: 107.48 Course: Course In: N 00-18-47 E Course Out: RP North: 506735.7466 East: End North: 506736.1618 East: Line Course: N 00-18-47 E Length: 309.23 North: 507045.3872 East: Curve Length: 39.27 Radius: Delta: 90-00-00 Tangent: Chord: 35.36 Course: Course In: N 89-41-13 W Course Out: RP North: 507045.5238 East: End North: 507070.5235 East: Line Course: N 89-41-13 W Length: 150.00 North: 507071.3430 East: Curve Length: 39.27 Radius: Delta: 90-00-00 Tangent: Chord: 35.36 Course: Mon December 18 10:20:07 2006 1643254.0641 2520.00 50.42 S 01-27-33 W S 87-23-40 E 1640734.1017 1643251.4964 2478.00 49.58 S 01-27-33 W N 89-41-13 W 1645726.9346 1643248.9716 1643247.2629 1643220.5924 1643205.2008 1643205.6888 25.00 25.00 N 44-41-13 W N 00-18-47 E 1643180.6891 1643180.8257 1643038.8278 76.00 76.00 N 44-41-13 W N 89-41-13 W 1643039.2431 1642963.2442 1642964.9338 25.00 25.00 N 44-41-13 W N 00-18-47 E 1642939.9342 1642940.0708 1642790.0730 25.00 25.00 S 45-18-47 W .. page 4 SHY CREEK Project: 03185 Mon December 18 10:20:07 2006 Parcel Map Check Course In: S 00-18-47 W RP North: 507046.3434 End North: 507046.4800 Course Out: Line Course: N 00-18-47 E Length: East East 92.00 North: 507138.4786 Curve Length: 39.27 Delta: 90-00-00 Chord: 35. 36 Course In: S 89-41-13 E RP North: 507138.3420 End North: 507113.3424 Line Course: S 89-41-13 E North: 507112.5228 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: N 00-18-47 E RP North: 507137.5225 End North: 507137.3859 East Radius: Tangent: Course: Course Out: East : East : Length: 150.00 East : Radius: Tangent: Course: Course Out: East : Line Course: N 00-18-47 E Length: East : 536.60 East : North: 507673.9779 Curve Length: 38.69 Delta: 88-40-00 Chord: 34.94 Course In: N 89-41-13 W RP North: 507674.1144 End North: 507699.1041 Radius: Tangent: Course: Course Out: East East : N 89-41-13 W 1642789.9364 1642764.9368 1642765.4395 25.00 25.00 S 44-41-13 E S 00-18-47 W 1642790.4391 1642790.3025 1642940.3003 25.00 25.00 N 45-18-47 E S 89-41-13 E 1642940.4369 1642965.4365 1642968.3684 25.00 24.42 N 44-01-13 W N 01-38-47 E 1642943.3687 1642944.0870 Perimeter: 3611.81 Area: 236,197 sq.ft. 5.42 acres Mapcheck Closure -(Uses Error Closure: 0.0066 Error North: -0.00608 Precision 1: 547,243.94 listed courses, radii, and deltas) Course: S 22-13-41 W East: -0.00248 page 1 SHY CREEK Proj ect: 03185 Mon December 18 10:20:12 2006 Parcel Map Check Parcel name: LESS CENTER LOTS North: 507329.5647 East : 1643179.4922 Line Course: N 89-41-13 W Length: 146.00 North: 507330.3624 East : 1643033.4943 Curve Length: 39.27 Radius: 25.00 Delta: 90-00-00 Tangent: 25.00 Chord: 35.36 Course: S 45-18-47 W Course In: S 00-18-47 W Course Out: N 89-41-13 W RP North: 507305.3628 East : 1643033.3577 End North: 507305.4994 East : 1643008.3581 Line Course: S 00-18-47 W Length: 569.57 North: 506735.9379 East : 1643005.2461 Curve Length: 53.41 Radius: 34.00 Delta: 90-00-00 Tangent: 34.00 Chord: 48.08 Course: S 44-41-13 E Course In: S 89-41-13 E Course Out: S 00-18-47 W RP North: 506735.7521 East : 1643039.2456 End North: 506701.7526 East : 1643039.0598 Line Course: S 89-41-13 E Length: 142.00 North: 506700.9768 East : 1643181.0577 Curve Length: 39.27 Radius: 25.00 Delta: 90-00-00 Tangent: 25.00 Chord: 35.36 Course: N 45-18-47 E Course In: N 00-18-47 E Course Out: S 89-41-13 E RP North: 506725.9764 East : 1643181.1943 End North: 506725.8398 East : 1643206.1939 Line Course: N 00-18-47 E Length: 143.39 North: 506869.2276 East : 1643206.9774 Curve Length: 100.83 Radius: 2520.00 Delta: 2-17-33 Tangent: 50.42 Chord: 100.82 Course: N 01-27-33 E Course In: S 89-41-13 E Course Out: N 87-23-40 W RP North: 506855.4588 East : 1645726.9397 End North: 506970.0176 East : 1643209.5450 Curve Length: 99.15 Radius: 2478.00 Delta: 2-17-33 Tangent: 49.58 Chord: 99.14 Course: N 01-27-33 E Course In: N 87-23-40 W Course Out: S 89-41-13 E RP North: 507082.6671 East : 1640734.1068 End North: 507069.1278 East : 1643212.0699 Line Course: N 00-18-47 E Length: 226.25 North: 507295.3744 East : 1643213.3061 Curve Length: 53.41 Radius: 34.00 Delta: 90-00-00 Tangent: 34.00 Chord: 48.08 Course: N 44-41-13 W page 2 SHY CREEK Project: 03185 Mon December 18 10:20:12 2006 Parcel Map Check Course In: N 89-41-13 W RP North: 507295.5602 End North: 507329.5597 Course Out: East East : N 00-18-47 E 1643179.3066 1643179.4923 Perimeter: 1612.54 Area: 127,017 sq. ft. 2.92 acres Mapcheck Closure -(Uses Error Closure: 0.0050 Error North: -0.00501 Precision 1: 322,510.00 listed courses, radii, and deltas) Course: S 01-58-32 E East: 0.00017 • "CAGO TITLE INSURANCE COMPANY ·",.rlFI'IIAVENUE,#3400,SEATILE, WA 98104 SECOND CERTIFICATE PLAT CERTIFICATE Certificate for Filing Proposed Plat: Order No,: 1175414 In the matter of the plat submitted for our approval, this Company has examined the records of the County Auditor and Collll!y Qerk of KING County, Washington, and the records of the Oerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said KING County, to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: CONNER HOMES COMPANY, A WASHINGTON CORPORATION EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $200.00 TAX: $17.60 Reeords""""in"<lto DECEMBER 4, 2006 at 8,00 AM By HARRIS(EISENBREY Title Officer (206) 628-5623 • ,. PARCEL A: IDCAGO TITLE INSURANCE COMPANY PlAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION Order No.: 1175414 TRACT 25, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 101, IN KING COUNTY, WASHINGTON; EXCEPT THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 25; THENCE SOUTHERLY ALONG THE WEST LINE OF 144TH AVENUE SOUTHEAST, TO THE SOUTHEAST CORNER OF SAID TRACT 25; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID TRACT A DISTANCE OF 207.00 FEET; THENCE NORTHERLY AND PARALLEL WITH THE WEST LINE OF 144TH AVENUE SOUTHEAST, TO A POINT LYING 14 0 . 00 FEET SOUTH OF THE NORTH LINE OF SAID TRACT 25; THENCE WESTERLY ALONG A LINE PARALLEL TO THE NORTH LINE OF TRACT 25 A DISTANCE OF 48.00 FEET; THENCE NORTHERLY AND PARALLEL TO THE WEST LINE OF 144TH AVENUE SOUTHEAST, A DISTANCE OF 140.00 FEET TO THE NORTH LINE OF SAID TRACT 25; THENCE EASTERLY ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. (ALSO KNOWN AS A PORTION OF KING COUNTY LOT LINE ADJUSTMENT NUMBER S90M0088, RECORDED UNDER RECORDING NUMBER 9804090613.) PARCEL B: PARCEL C OF KING COUNTY LOT LINE ADJUSTMENT NUMBER S90M0088 AS RECORDED UNDER RECORDING NUMBER 9804090613, IN KING COUNTY, WASHINGTON; BEING A PORTION OF TRACT 25, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12, OF PLATS, PAGE 101, IN KING COUNTY, WASHINGTON. PARCEL C: TRACTS 28 AND 29, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 101, IN KING COUNTY, WASHINGTON. PARCEL D: TRACT 32, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 101, IN KING COUNTY, WASHINGTON. cmCAOO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULEB Orde:r No.: 1175414 This certificate does not iDsure 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 Commitmeut. B. RigbI:s or claims of parties in possession not shown by the public records. C. Encroacbmems, ~ps, boundary line disputes, and any other matters which would be disclosed by an accorate survey and iuspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any 1ien, or right to 1ien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labo£, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Uens uoder the Workmen's Compensation Act not shown by the public records. G. Any service, iD#aUation, connection, maintenance or construction charges for sewer, water, electricity or garbage removaL H. General taxes not now payable; matters relating to special assessments and speciallcvies, if any, preceding or in the same becomiDg a lien. I. Reservations or exceptions in patents or in Acts authorizing the i>suance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. 1. Water rights, c1aims, or titIe to water. K. 1HIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE llABII.JTY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS(S1000.00). HICAGO 1ITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS Order No.: 1175414 1. RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD COMPANY: RESERVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACE GROUND AS MAY BE NECESSARY FOR GROUND OPERATIONS AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON, FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. RECORDING NUMBER: 79509 • 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: REGARDING: c AFFECTS: PARCEL C. AUGUST 19, 1999 19990819001587 SENSITIVE AREA NOTICE D 3. TERMS AND CONDITIONS OF NOTICE OF CHARGES BY WATER, SEWER, AND/OR STORM AND SURFACE WATER UTILITIES, RECORDED UNDER RECORDING NUMBER 9606210966. 4. MATTERS DISCLOSED BY SURVEY RECORDED UNDER RECORDING NUMBER 8012039003, AND AFFIDAVIT OF CORRECTION RECORDED UNDER RECORDING NUMBER 8109240792, AS FOLLOWS: 1.) LOCATION OF FENCE IN RELATION TO THE WEST LINE OF PARCELS A AND C, AND ANY ADVERSE RIGHTS STEMMING THEREFROM. 2.) LOCATION OF PENCE IN RELATION TO THE NORTH LINE OF PARCEL C AND THE SOUT!! LINE OF PARCELS A AND B, AND ANY ADVERSE RIGHTS STEMMING THEREFROM . ." 5. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY I, 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: 2006 084710-0108-06 4342 lllCAGO TITLE INSURANCE COMPAm ASSESSED VALUE-LAND: PLAT CERTIFICATE SCHEDULE B (Continued) ASSESSED VALUE-IMPROVEMENTS: $ 207,000.00 $ 0.00 GENERAL & SPECIAL TAXES: AFFECTS: PARCEL A BILLED: $ 2,590.09 PAID: $ 2,590.09 UNPAID: $ 0.00 Order No.: 1175414 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 VALUB-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: AFFECTS: PARCEL B 2006 084710-0107-07 4342 $ 30,000.00 $ 0.00 BILLED: $ 385.17 PAID: $ 385.17 UNPAID: $ 0.00 .u 7. 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 C 2006 084710-0115-07 4342 $ 481,000.00 $ 554,000.00 BILLED: $ 12,937.34 PAID: $ 12,937.34 UNPAID: $ 0.00 8. 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: 2006 084710-0140-06 HICAGO TITLE INSURANCE COMPANI LEVY CODE: ASSESSED VALUE-LAND: PLAT CERTIFICATE SCHEDULE B (Continued) 4342 Order No.: 1175414 ASSESSED VALUE-IMPROVEMENTS: $ 294,000.00 $ 147,000.00 GENERAL ~ SPECIAL TAXES: APFECTS: PARCEL D BILLED: $ 5,538.23 PAlD: $ 5,538.23 UNPAID: $ 0.00 9. DEED OF TRUST AND ASSIGNMENT OF RENTS AND/OR LEASES, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: CONNER HOMES COMPANY, A WASHINGTON CORPORATION HILLIS CLARK MARTIN ~ PETERSON P.S. FIRST HORIZON HOME LOAN CORPORATION, A KANSAS CORPORATION $ 9,320,400.00 JULY 7, 2006 JULY 11, 2006 20060711002443 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. • 10. TBB LBGAL DBSCR:IPT:ION IN TH:IS COIIM:ITIIBNT :IS BASBD ON :INJ"ORMAT:ION PRQV:IDBD wrrs TIIB APPLICAT:ION AND TIlE PUBL:IC RBCORDS AS DBPDIBD :IN TIIB POL:ICY TO :ISSOR • TIIB PARTIBS TO TIIB FORTHCOIl:ING TRANSACTION !lUST NOTIrY TIIB TITLB :INSllRANCII COIIPANY PRIOR TO CLOS:ING :IIi' TIlE DBSCR:IPT:ION DOBS NOT COIIPORll TO TBBIR BXPBCTATIONS. • NOTE 1: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 64.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: PTNS LOTS 25, 28, 29, AND 32, VOLUME 12 OF PLATS, PG 101. THE TAX ACCOUNT NUMBERS FOR SAID PREMISES ARE 084710-0108-06, 084710-0107-07, 084710-0115-07, 084710-0140-06. !DID OF SCHEDULB B HlCAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1175414 THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS COMMITMENT: TRIAD ASSOCIATES ERICA JENSEN CONNER HOMES COMPANY JOHN SKOCHDOPOLE 1/1 1/1 CHICAGO TfIL. .. NSURANCE COMPANY 701 FIFTH AVENUE, #3400, SEAITLE, WA 98104 ( , PHONE: (206)628-5623 FAX: (206)623.5657 IMPORTANT: This is DOt aSuney. It is fumished as a convenicac:e tolooate the laad jndicated hereon wiIh rdercac:e to ._ and other land. No IiabiJity is assumed by reason of reIiaJace hereon. WHBN RBCORDIPD RBrURNTO CONNBRHOMBS COMPANY 846lOB"IHAYENV2NE,SUIl'82f.r2 BBLl..EYUE, WASmNGTON98004 E2184645 :If-~~ ""':11., 20060201001641.001 -....... @_CHI_CA_G_O_TITLE ___ IN_S_URAN __ CE_C..:.O_MP_AN_Y __ ll2m9 ___ _ STATUfORY WARRANTY DEED TIlBGRANTOR for lIId in <OIlSidcraIion of 'l1IN DOJJ.APSAND O'lHBItOOOD AND V All.J.o\BI.J!. CONSIDE!RA11ON in IwuI paid, """"" aDd....,.,.. bl OOJtNDlHONBSCONPANY,AWASHINGTONCORPORAllON !he following _..al_ ~tuat<d m the CounIyof KING TaxAoanmt Numt.e.(.): 0847l0-01l5.()7 so... ofWubiost= TltAC'l'S 28 Am) 29, BLli.CX LOAM FIVE ACRE TU.C'l'S, ActDRDIHG 70 'l'BB PLA'1' TBKKB'OP, RBOOR.DBD !If VOLUMB .12 OF PIoI.'l'S, PAGB lOlr Df EI5G CDtJRrY, DSIIllIm'OIl. SllBJBCT TO: BXCBPTIONS SB'l' FORl'H Olll AT'rAOIBD BXlnBI!r -A-AND BY 'l'HIS RBPBRBHCB MADS A PAR'!' HBUOP AS IF PDLLY I1IOOKPOB1!rlm 1IBRBI1f. - 200&0201001641.002 S!t'ATS OF IO.SHING'l'ON os CHICAGO TITLE INSURANCB COMPANY EXHIBIT A Escrow No.: 112t779 RBSERVATIOIIS JIll!) IIXCBPTIOlIS COIITAINBD IN DBBD I'RCot lfOlll1ll!RN PACIFIC RAILROAD CCMPMfY: 20060201001641.003 RBSBRVlNG AND BXCBPTDlG FReM SAID :r..MmS SO MUCH OR. SUCH PORTIQiS TH2RBOP AS ARE OR MAY BB MI&BRM. LANDS OR CONTAIN COAL OR IROR, AliD ALSO THE USB AND TIm RIGHT ARD TITLS TO TJIB USB OF SUCH $lJRPACB WlOIJIID AS MAY BB NRCBSSAR.Y FOR GROom> OPBRATIQiS MID THE RIGHT OF ACCBSS TO SUCH RBSBRWD AJfD BXCBPTBD MINBRAl" LARDS, IRCLUDING LANDS CONTAINING COAL OR IRON. POR THB PURPOSB OF EXPLORING. DBVBLQPING.AlID WORKING THE SAMB. 386650 COVBNANTS, COSDITIOlfS MIl RESTRICTIONS CCIlTAIlIBD III 11fS'1'RtMiJ!rl, BOT CMl"l'TIRG ARY COVIDINITS OR RESTRICTIONS. IP AllY. BASSO OPal RACB. COLOR, RBLIOIClQ', SBX" 8.BXUAL ORlBNTATIOO. PAMILIAL S"I"M'OS I MARI'l'1U. S'1'.M'OS .. DISABILlTI. HArIDICAP, RATIONAL ORIGIN. AlllCBSTRY. OR SOORCB OP IlICCMS, AS Sin' FOR"nI IR APPLICABLB STATE OR FEDBRAL L»rS. .BXCBPT TO TBB BrI'BNT THAT SAID COVBNAIIT OR. USTRICTIOR IS PBRMITl'BD BY APPLICABLB LAM I RBCORDBD: RBCORDIlIG IItlH8BR, RBGlIRDDIG , AtO>lSr 19. 1999 199908UOQ1587 SBHSITIVS AREA NOTICE ...... - i WHBNUCOlWBD RBI'URNTO CONNBIlBONBS OOMPANY 846lO8'lHAVENUBNB. SUlTB20a BI3LL8VtJB, WASHINOTON!I8OOoI E2188331 :r~"I' tc '14 $1. I, ' .• ,..1 DF It, CHICAGO TlTI.E INSURANCE COMPANY SfATlITORY WARRANTY DEED TIlBGRANfOR bud .. _of TBNOOILABSANDOTBBllDOODANDVALllABLEc:::otomDBRAT1ON :inlwad paid, ~ and warnnts to CONNBIt.HOMESOOMPANY,A WA.SHDiQTON CORPORATION . tho foIIowiIIgde.,ribecheal_ mooed .. tho CcnmIy of KING T .. _Number('): 08<7J0.<ll40-06 TRACT 32, BlACK LOAM FIVE ACRE TRACTS, ACCORDING ro THB PLAT 'l"HBRBOF, RECORDBD IN VOLOMB 12 OF PLATS. PAGB 101, JH XING 0JUlfl'Y. 1QSHDi:;"l"(IiI. SOBJBCT TO: BXCBPTIONS SET FOR'l'B CIi A~ EXHIBIT -A-JUm BY THIS RBPBRBNCE MADB A PART HBRBOP AS IF POI,LY IliCORPORATBD IIBI!BIN. - ""'aa:oM8)asn.ntNTO .,...,.m=cotaANY ...... A.\IIN.IB~SUIB • ........... _- CHICAG011TU! INSURANCE COMPANY STATUToRY WARRANTY DEED ....... -.IIIIl'4Jll'tallbb) exNa._IXMf'ANI'.A. W~Q)N'OMIIOH .............. ___ ...... 1kIeo.e,oIlJHC1 --..."...,.... 1lUICt 12. RACX JoQIIM P'IVB ACRB 'TRACrS. ACOlIIDDD 'lO 'IB8 PLM' ~ ~ :aIICOmBD III" '¥QJ.IM 12 Ill' PLUS. PAID 101. D a. 0CQIff. tIUQIIG'lQI. stIIIJEt' 10. IXCBI"I'ICIIS S81' I'QJt1B (II JU'DCIIID BIBI8l'!' -A-~ BY 'IBIS lBnI8Ca IIIIIIB A PAIn' HBRJJ(W AS IP JUJU" lP'ORJIQIMID ....... , ....... ~. otW'l"I or ~. os "* ftIU I a DILl' OP ftIBlWAAT. 20"', BUCU MB# 'mB tllElBllluaD. 11. JKn'AU IVIl.!C DJ .lD f'CIJt 'l1m S'JATB OF ltlMO. DOU C»IGatIIJQlp AD ..... JIIICIaUiI' .IPPWBD D:wIB L. J'MPIWJS .... '1'0 ~ 'JO 81: "nIB JDIVIDUaL.t., Dlll8tRD8D m AmI III) IIDCO'IID 1RI IInImI 1U1iU»&i AIm ACDCINJ.IoIDD '1'BU IBI SIGIrBD »II) SBIWilt 'all UI8 M _ 1II1II ., 'IIOUIII1MT JICt' .MD lIfBI). f01t 11m usa All) I'URI'OaS HIIItBDI HII'nCMBD • ........ I'RDmSD lWtBl OOe~ " .... y .f\.c.o4 IODR'f JIIJILlC Df 1/a) 'l'RII S'rA.TIl: OF JPAIKII asmmJ 13 !l""d~AJ1.J\It.r . M!' o::tIUS$I(M IDDIS (Ii' 4 .. 2-/:9' . CllICA.GO 1TI'LB INSURANCE COMPANY BXIllBIT A Bac:row No.: 1124718 RBSmtVATIOBS AID) BXCEP'I'lONS CON'l'AlNBD IB DBBD PROM NOImfBRN PACIFIC RAILROAD COMPANY: 20060224000528.006 RBSBRVIUG AND BXCBPTING FROM SAID LANDS SO MOCK OR S1JCH PORTIONS TIIBRBOP AS ARB OR MA.Y BB MnIRRAL LllNDS OR CON'l'Am COAL OR !ROB. AND AlSO nm USB AND 'l'HB RIGHT AHD TrI'LB TO THE USB OF SUCH SORPACB tJROOND AS !Qy BE ImCBSSARY FOR GROtIlJD OPERATIONS .AND THE RIGHT OF ACCBSS TO S'OOI RBSBRVBD AND BXCS:PTED MINBRAL UlWS, DlCLUDDG IANDS CONTAINING COAL OR DOH, POR THB' PORPOSB OP EXPLORIBG. DBVBWPDlQ AKO WORKING THB SAMB. 386650 TBRMS AND CONDITIONS OP NOTICE OP CHARGES BY MATBR, SBNBR, A1f1J/0'fI. STORM AND SURPACE WATSR O'lILlTIBS. RECORDED UNDBR RBCORDIlIIG WMBBR 9606210,,6 . -- When ReootrIed ReIum to: FIIST iIoRIZOIIltOuE LoAII CORPORATION A!In: ConstJuction Lending Mail Code 7544 5808 Lake Washington Bouleva:d. Suite 400 Klriland, WA 98033 DEED OF TRUST, SECURITY AGREEMENT, FIXTURE FlUNG, AND ASSIGNMENT OF RENTS GranIor(a): CONNER HOMES COMPANY [] M:tlllonal on P9G8- Brantee(S): TIU8Iee: HILLIS CLAR!< MARTIN & PE I ERSOH P.s. Beneftciary: FIRST HORIZON HOME LOAN CORPORATION C AddIIIonaI on P9G8_ Legal DGICIiplion (aIlbrevIated): PORS LOTS 25, 28, 29. ANI) 32, VOLUME 12 OF PlATS PG 101. Ii1 Complete legal on El!HE!rA. Aaenor's Tax Psn:elldentHlcatlon No(s): 08471lJ.Ol08-06. 08471IJ.Ol07-07. 084710-0115-07 & 08471()' 0140-06. RIIeNnGe NOlo ofDocumen\ls RII8aed or AssIgned: -'N-"'ot:.:.;AppIicabI!==-_______ _ Loan #41 0379004 20060711002443.001 THIS DEED OF TRUST. SECURITY AGREEMENT. FIXTURE FlUNG, AND ASSIGNMENT OF RENTS (the "Deed ofTlul" dated July 7. 2006.15 made by and among CONNER HOMES COMPANY. a washington CoIporation (coiectIYely. 1I1l0l8 !han one indMdual or enlly. the "Gntntor"). whose address 846 108111 Ave. H.E •• SUite 202, BelIewe, WA 98004; HILLIS ClARK MARTIN & PETERSON P.s., a Weshlnglon proIassIonai seMce corporation (the "TIlls,"'. whose address is 500 Galland Bldg. 1221 Seem! Ave., SaaIIla. WA 98112; and FIRST HORIZON HOME LOAN CORPORATION. a Kansas Corporation (the "BeneIfcIaty". whose address is A!In: ConstructIon lending. Mal Code 7544. 5808 Lake Washing100 Boulevald, SWIe 400, KIrldand. WA 98033. Dssd ofTMt. SecutIy Ag/8emenf, FbdJn Filing, and AssIgnment of R8Iis 1115465 111801-003 2h3d09I.doc 71111106 PIIfIII1 May 2003 RrMs/on 20060/110CJ244:3.0IS assignment, this Deed of Trust shall Inure to the benefit of and bind all of the parties hereto, their heirs, legatees, devisees, admlIisIratoIs, executocs, personal repl!I6erdatives. S\ICC88SOIS, and assigns. 35. Applicable Law. ThIs Deed of Trust Is made wI1h raference to and is to be construed in acconlaMe wflh the laws (wI\hoUt regard to the choiw of law rules) of the SIa1e of WashIngton. 36. MIsc:eIaneous. The IBrm BenefIciary shall mean the hotIer and _, including pledgee, of the obIlga\IOIIs secured hereby, wIlether or not named as BeneIcIIry herein. In construing Ihls Deed of Trust and wheneVer the context so requires, the masoofine gender Includes the feninine and neuIer, and the singular number inc:Iudes the plural. This Deed of Trust may be executed In two or more COIIIl1IIIpaIIs, at of which will constiluIII one and the same Instrument and lien. fT. DIecIOSIII8IIDiscIaImers. BenefIciary makes the following dlsclosum and dlsc\almer$ln comectlon willi .. Deed of Trust: fT.1 AdlOIIS So!a!y for Benefit of 1IeneIicIary, Any and aD subsequent \lIIIdIaIenI of the Ploperty, and any other parties acqulrfng an Interest In the Property, ara hereby put on noIIce that any inspection or approval of any part of any dWeIopJnaot, con8lruetlon, ft!IIOVIIIon, or I~ of the Property by Beneficiary or any agent of BenallclaJy shaD be made exclusively for the beneIIt of BeoeIIcIary, and Beneficiary makes no r&fII_ltallons wh~ to any third party acquiring any Inbnst in the Property. SUch third party shall have no rfghts of reliance upon any action taken by Beneficiary. Beneficiary makes no reprasantaIions whatsoever to any third party as to the adequacy or legality of any action of Grantor and any ac:lion of Beneflcimy Is solely for the benefit of BeneIIcIary. fT.2 CbalgeIIn Interest Rate. One or more notes securad hereby contain provlsIon$ pennlt\lng. (al 111-. and decreases In the rate of Interest pI'O¥Ided III the note, and (b) locn a B!' and deereaain the periodic payments required under the note. DATED as of the day !lid yearfilSt above written. GRANTORIDEBTOR: CONNER HOMES COMPANY, a Washingkln OOIpolllllo .. page 15of16 STATE OF WASHINGTON COUNTY OF KING } 55. On !his day personally appeared before me (!/t4rkf r t.4t...to me known to be tile Ires ii, 4 f of CONNER HOMES COMPANY, tile WashJngIDn OOJpOration that executed tile bregoing insIrtInent, and acknawIedged such instrument to be tile free SId voIunIaIy act and deed of such 00Ip01iIIIon, for the uses and purposes therein mentioned. ~ on oath Slated lila! s/he was duly autI\Orized to execute such InsIrumerC. GIVEN UNlER MY tWI) Nf) a:FJCIAt. SEALIIlIs.lllltJFIf of July. 2006. 20080'/'11~.016 page 16of16 200eGJlICI02oI4S.e17 EXHIBIT A Legal Description PARCEl. A: TRACT 25. BLACK LOAM FlVEACRE TRACTS. ACCORDING TO THE PLAT THEREOF. RECORDED IN VOWME 12 OF PlATS. PAGE 101, IN KING COUNTY. WASHINGTON; EXCEPT THE FOllOWING DESCRIBED PARCEL BEGINNING AT THE NORTHEAST COONER OF SAID TRACT 25; THENCE SOUTHERLY ALONG THE WEST UNE OF 144lH AVENUE SOUTHEAST. TO THE SOUTHEAST CORNER OF SAID TRACT 25; THENCE WESTERLY ALONG THE SOUTH UNE OF SAID TRACT A DISTANCE OF 207.00 FEET: THENCE NORTHERLY AND PARALEll WITH THE WEST UNE OF 144lH AVENUE SOUTHEAST. TO A POINT LYING 140.00 FEET SOUTH OF THE NORTH LINE OF SAID TRACT 25; THENCE WESTERLY ALONG A UNE PARALlel TO THE NORTH UNE OF TRACT 25 A DISTANCE OF 48.00 FEET; THENCE NORTHERLY AND PARAJ.LEL TO THE WEST UNE OF 144111 AVEtIUE SOUTHEAST, A DISTANCE OF 140.00 FEET TO THE NORTH UNE OF SAID TRACT 25; THENCE EASTERLY ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. (ALSO KNOWN AS A PORTION OF KING COUNTY LOT LINE ADJUS"mENT NUMBER S90M0088. RECORDED UNDER RECORDING NUMBER 9804090613.) PARCELB: PARCEL C OF KING COUNTY LOT UNE ADJUSTMENT NUMBER S90M0088, RECORDED UNDER RECORDING NUMBER 9804090613. IN KING CCUNTY. WASHINGTON; BEING A PORTION OF TRACT 25, BLACK LOAM FIVE ACRE TRACTS. ACCORDING TO THE PLAT THEREOF. RECORDED IN VOLUME 12 OF PLATS. PAGE 101. IN KING COUNTY. WASHINGTON. PARCELC: TRACTS 28 AND 29, BlACK LOAM FlVEACRE TRACTS. ACCORDING TO THE PlAT lHEREOF. RECORDED IN VOLUME 12 OF PLATS. PAGE 101. IN KING COUNTY. WASHINGTON. PARCEl. 0: TRACT 32. BLACK LOAM FIVE ACRE TRACTS. ACCORDING TO THE PLAT THEREOF. RECORDED IN VOLUME 12 OF PLATS, PAGE 101, IN KING COUNTY. WASHINGTON. Inftlals .ExhHA CHICAGO TI1 ~:;lNSURANCE COMPANY () 701 FIFTH AVENUE, #3400, SEATILE, WA 98104 ORDER NO: YOUR NO: UNIT NO: WAN NO: PHONE: (206)628-5623 FAX: (206)628-5657 001175414 SHY CREEK 10 SUPPLEMENTAL COMMITMENT ORDBR REFERENCE J:NFORMATJ:ON SUPPLEMENTAL NUMBER: SELLER: PURCHASER/BORROWER: PROPERTY ADDRESS: 1 CONNER HOMES COMPANY" AND JOSEPH ALAIN SMITH, AND HENRY B. KAMPHAUS AND DIANE L. KAMPHAUS WASHINGTON Our Title Commitment dated 09/15/05 at 8:00 A.M. is supplemented as follows: s THE VESTING IN PARAGRAPH THREE OF SCHEDULE A OF OUR COMMITMENT IS AMENDED AS FOLLOWS: CONNER HOMES COMPANY, A WASHINGTON CORPORATION, AS TO PARCELS A AND B; JOSEPH ALAIN SMITH, AS HIS SEPARATE ESTATE, AS TO,PARCEL C; AND HENRY B. KAMPHAUS AND DIANE L. KAMPHAUS, HUSBAND AND WIFE, AS TO PARCEL D. T PARAGRAPH NUMBER(S) 4, 6 AND 7 HAS (HAVE) BEEN AMENDED AS FOLLOWS: u PARAGRAPH NUMBER 4: AD 1. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY IS, DELINQUENT IF FIRST HALF UNPAID ON MAY I, 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 084710-0108-06 4342 $ 207,000.00 $ 0.00 BILLED: $ NOT AVAILABLE PAID: $ 0.00 UNPAID: $ NOT AVAILABLE SEE NEXT PAGE SUPPLCOM/RDAj0999 (\ . ) CIDCAGO TITLE INSURANCE COMPANY AFFECTS: PARCEL A Order No.: ll75414 Your No.: SHY CREEK Unit No.: 10 SUPPLEMENTAL COMMITMENT (Continued) NOTE: TAXES FOR 2005 IN THE SUM OF $ 2,507.56 HAVE BEEN PAID. v PARAGRAPH NUMBER 6: ~ 2. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY I, 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 C 2006 084710-0115-07 4342 $ 481,000.00 $ 554,000.00 BILLED: $ NOT AVAILABLE PAID: $ 0.00 UNPAID: $ NOT AVAILABLE NOTE: TAXES FOR 2006 IN THE SUM OF $ 12,413.20 HAVE BEEN PAID. " PARAGRAPH NUMBER 7: u 3. 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 D 2006 084710-0140-06 4342 $ 294,000.00 $ 147,000.00 BILLED: $ NOT AVAILABLE PAID: $ 0.00 UNPAID: $ NOT AVAILABLE NOTE: TAXES FOR 2006 IN THE SUM OF $ 5,348.01 HAVE BEEN PAID. SUPLCOM2/RDA/0999 (, CHICAGO TITLE INSURANCE COMPANY Order No.: 1175414 Your No.: SHY CREEK Unit No.: 10 SUPPLEMENTAL COMMITMENT (Continued) % THE FOLLOWING PARAGRAPH (S) HAS (HAVE) BEEN ADDED TO OUR COMMITMENT: r PARAGRAPH NUMBER 12: ,. 4. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF .LI 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 084710-0107-07 4342 $ 30,000.00 $ 0.00 BILLED: $ NOT AVAILABLE PAID: $ 0.00 UNPAID: $ NOT AVAILABLE THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE SEPTEMBER 15, 2005, EXCEPT THE MATTERS NOTED HEREINABOVE. JANUARY 5, 2006 AUTHORIZED BY: MIKE HARRIS AC NOTE: THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS SUPPLEMENTAL COMMITMENT: TRIAD ASSOCIATES STEPHANIE GODBY CONNER HOMES COMPANY JOHN SKOCHDOPOLE 1/1 1/1 SUPLCOM2/RDA/0999 WHBN RBCOlIDBD RBl1JRNTO CONNBRHOMBSOOMPANY 846 101mlAVB NB BBLLBVUB WAIIIIIOI 20051031001684.001 () /Q\ _CH_lCA_G_O_TI_11E __ IN_S_U_RAN __ CE_CO_M_P_AN_Y ____ _ '-eI 1152293 STATUTORY WARRANTY DEED THBGRANTOR GARY C HASl'INGSAND JUDy H. HM11NGS, HUSBAND AND WIPE (or and in coosicIer ..... of 'JENDOLl..AJSAND01JIBRGOODANDVALUABLHOONSIDBIAnONANDASPAIlTOPANI.R.C.SI!CI1ON 1iBl TAX DJ3P:BRRB) BXalANGE in hand paid. CCIIWOJI and WIUl'aDts to CONNBR.HOMES COMPANY, A WASHlNOTONCORPORAnoN' the foIIawiDa deacribcd JCalestate situated in the Comdyof TuAcoouDl Numbcr(.): 0847l().()108-1)6 CHICAGO TIllE INS. co<W REF# II.I.?? 2.J-/O TRACT 25. BlJICI( LOAM FIVB ACRB TRACTS. ACCORDING TO THE PLAT TII1lRBO'. RBCORDBD IN VOLOMB 12 OF PLATS. PAGS 101, Dl ICING COORTY, NASHINGTON; EXCBPT THB POLI..OMING DESCRIBBD PARCEL: BBGIRNING AT THE NORTHBAST CORNER OF SAID TRACT 25, THBNCB SOOTHBRLY ALONG THE HEST LINB OF 144TH AVBBOB SCOTHBAST, TO 'l'HB SOU'nIBAST CORIIER OF SAID TR.AeT 25, THBNCB IIBSTBRLr ALONG THE SOO!II LINJI 0' SAID TRACT A DISTAIICB OF 207.00 PBft, THBJ1CB BClRTHBRLY AND PARALLEL WITH '1111 IIBST LINB OP U4TH AVRIUB SOO11iBAST. TO A POINT LYING 140.00 FBBT SOOTH OF THB NORTH LINE OF SAID 'I'RAcr 25; THBNCB IIBSTBRlN ALONG A LIN]! PARALLBL '1'0 11111 NORTH LINB OF TRACT 25 A DISTAHCB OP 48.00 FBBT; THBNes RQR'l1IBRLY AND PARALLEL TO THE WBST I.IlfB OF 14"'111 AVBIIUE SOl.TrHBAS"l', A DISTANCE OF 14 O. 00 PERT TO THB NORTH L.INE OF SAID TRACT 25~ THBNCR EASTBRLY ALONG SAID NORTII LINE TO 'l'HB POINT OF BBGIHRING. SEE ATTACHBO DBSCRIPTION CIOCAGO 'TITLE INSURANCE COMPANY J!XHJIIITA DIe No.: 1152293 (ALSO ICBOION AS A PORTIa! OF KING COUIITY wr LINB AIlJtJS'1HBIIT lIlMIBR 990110088. RBCORDBD OlIDBR RBCORDING NtMBBR 9804090613.) 20051031001584.002 stmJBCT TO: RXCBPTIONS SET FORTH ON ATTACHSD EXHIBIT ·A-ADD BY 'nilS RBPRRENCE MADB A PART HEREOF AS IF FULLY INCORPORATBD JlBRBIN. esoo<jrdajOll99 S'I'ATII OF IlABHDIOTCIN COIJI'IT OF KlIIG ss ('I (B mIS .=(}.",'","':::'=-=:-:::: DAY OP OCTOBn, 2005, SSPORR MB, THB llNDBRSIGIIBD, A _Y PUBLIC IN AIID FOR THB STATB OP IlASHIRGTOIII, DOLY caMISSIQlBD AIID _, PBRSOIIALLY APPBARBD GARY C. IIl\STIIIGS AJ/D Jtll)Y H. IlASTIlIIlS _ '10 MB TO SS THB nmIVIDllAL (S) DBSCRIBBD III AIIID lIIIO I!XBCD'I'BD THB IIlTHIII : niURtJIBNT AND AC'1QlCIC.8DGBD THAT THBY SIGNBD Al!ID SIlALBD THB SAMB AS T88I1< PREB AND VOLUlllTARY ACT lIND DBBD, FOR T88 OSBS AND PORPOSBS HBRBIN MBIft'I<JIBD • CHICAGO T\TI..E JNSURANa! COMPANY EXHIBIT A _No.: 1152293 RBSSRVATI(lfS MIl BXCBPTIONS CONTAIN8D IN DBBD PRCN NOIt.'l'HIRR PACIFIC RAILROAD CQlPMY: 200610310011184.004 RBSIIRVIIIG lIHD BlICBPTIl'IG FHa< SAID LAlIDS SO IIUCII OR SllCII PORTIORS THBRBOP AS ARB OR MAY BB IWIBRAL LANDS OR CORTAJN COAL OR IRCII, lIHD l\LSO TIIB USB lIHD TIIB RIGHT lIHD 'l'I'1'LB TO TIIIi USE OP SUCH SlJRPACII 0R0lJRD AS MAY BB HBCBSSARy FOR ORO!lIID OPBRATYOHS AIID TIlB RIGHT OF ACCBSS TO SUCH RBSBRVBD AHD BXCBPTBD MIIIIBRJU. LAIIDS, II<CLOJ)ll'/O lJINDS calTAINIl'IG COAL OR IR<II, FOR THB PURPOSB OF EXPLORING, DBYBLOPIRG ABO WORKING THB 8MB. 79509 C()VBlQNTS. <XIIIUTJOHS. RBSTRICTIONS .. BASBMBII'I'S, NOrBS. DBDICATIONS ANI) SIiTBACKS, IP MY, SBT PORTH IN OR DBLIJiBATBD ar TIIB BOIJIIDARY/LOT LINE ADJUS1'MBNT RBt'OROBD CBDIR RECORDING NUMBBR 9804090613. CITY OP RBIl'I'OII, lfASHIIIOT<II ORDINANCB RO. <612 , IIICLlJI)IlIG THB TIIJOMS lIBD PROVISIONS THBRBOP: RBCORDBIl. RBCORDIBQ ..-..... JtaB 21. 1996 9606210966 'CAGO TITLE INSURANCE COMP, , •• <",)FIlI AVENUE, #3400, SEATILE, WA 98104 PLAT CERTIFICATE Order No.: 1175414 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 KING County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the foUowing described land situate in said KING County, to·wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: GARY C. HASTINGS AND JUDY H. HASTINGS, HUSBAND AND WIFE,-AS TO PARCEL A; CONNER HOMES COMPANY, A WASHINGTON CORPORATION, AS TO PARCEL B; JOSEPH ALAIN SMITH, AS HIS SEPARATE ESTATE, AS TO PARCEL C; AND HENRY B. KAMPHAUS AND DIANE L. KAMPHAUS, HUSBAND AND WIFE, AS TO PARCEL D. EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $200.00 TAX: $17.60 Records examined to SEPTEMBER 15, 2005 at 8,00 AM By HARRIS!EISENBREY Title Officer (206)628-5623 PLATCRTA/RDA/0999 .. - 'HICAGO TITLE INSURANCE COl PlAT CERTIFICATE SCHEDULE A (Continued) Order No,: 1175414 LEGAL DESCRIPTION PARCEL A: TRACT 25, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 101, IN KING COUNTY, WASHINGTON; EXCEPT THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 25; THENCE SOUTHERLY ALONG THE WEST LINE OF 144TH AVENUE SOUTHEAST, TO THE SOUTHEAST CORNER OF SAID TRACT 25; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID TRACT A DISTANCE OF 207,00 FEET; THENCE NORTHERLY AND PARALLEL WITH THE WEST LINE OF 144TH .A~ SOUTHEAST, TO A POINT LYING 140,00 FEET SOUTH OF THE NORTH LINE OF SAID TRAC'l'" 25; THENCE WESTERLY ALONG A LINE PARALLEL TO THE NORTH LINE OF TRACT-25 A DISTANCE OF 48,00 FEET; THENCE NORTHERLY AND PARALLEL TO THE WEST LINE OF 144TH AVENUE SOUTHEAST, A DISTANCE OF 140,00 FEET TO THE NORTH LINE OF SAID TRACT 25; THENCE EASTERLY ALONG SAID NORTH LINE TO THE POINT OF BEGINNING, (ALSO KNOWN AS A PORTION OF KING COUNTY LOT LINE ADJUSTMENT NUMBER S90M0088, RECORDED UNDER RECORDING NUMBER 9804090613.) PARCEL B: PARCEL C OF KING COUNTY LOT LINE ADJUSTMENT NUMBER S90M0088 AS RECORDED UNDER RECORDING NUMBER 9804090613, IN KING COUNTY, WASHINGTON; BEING A PORTION OF TRACT 25, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12, OF PLATS, PAGE 101, IN KING COUNTY, WASHINGTON. PARCEL C: TRACTS 28 AND 29, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 101, IN KING COUNTY, WASHINGTON, PARCEL D: TRACT 32, BLACK LOAM FIVE ACRE TRACTS, ACCORDING TO THE PLAT ~HEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 101, IN KING COUNTY, WASHINGTON. __ PIA 1'CR11./RDA/0999 ....... CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULEB Order No.: 1175414 This certificate does not insure against loss or damage by reason of the foUowing 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. Eocroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, aU as imposed by law, and not shown by the puhlic records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, instaUation, 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(51000.00). P~TCRTB/RDA/om .. L._ 'HICAGO TITLE INSURANCE COM PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1175414 EXCEPTIONS A 1. RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD COMPANY: RESERVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACE GROUND AS MAY BE NECESSARY FOR GROUND OPERATIONS AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON, FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. RECORDING NUMBER: 79509 8 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 PORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: RECORDING NUMBER: REGARDING: c APFECTS: PARCEL C. AUGUST 19, 1999 19990819001587 SENSITIVE AREA NOTICE D 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: AFFECTS: PARCEL A. 2005 084710-0108-06 4342 $ 200,000.00 $ 0.00 BILLED: $ 2,507.56 PAID: $ 2,507.56 UNPAID: $ 0.00 PLATCRTBI/RDA{fB99 ""- 'H1CAGO TITLE INSURANCE COM PLAT CERTIFICATE SCHEDULE B (Continued) Order No,: 1175414 , 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 084710-0107-07 4342 $ 30,000.00 $ 0.00 BILLED: $ 381.62 PAID: $ 190.81 UNPAID: $ 190.81 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: PARCEi c. 2005 084710-0115-07 4342 $ 465,000.00 $ 519,000.00 BILLED: $ 12,413.20 PAID: $ 6,206.60 UNPAID: $ 6,206.60 B 7. 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 D. 2005 084710-0140-06 4342 $ 285,000.00 $ 134,000.00 BILLED: $ 5,348.01 PAID: $ 2,674.01 UNPAID: $ 2,674.00 PLA TCRB2/RDA/0999 * -- 'HICAGO TITLE INSURANCE COli PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1175414 I 8. MATTERS DISCLOSED BY SURVEY RECORDED UNDER RECORDING NUMBER 8012039003, AND AFFIDAVIT OF CORRECTION RECORDED UNDER RECORDING NUMBER 8109240792, AS FOLLOWS: 1.) LOCATION OF FENCE IN RELATION TO THE WEST LINE OF PARCELS A AND C, AND ANY ADVERSE RIGHTS STEMMING THEREFROM. 2.) LOCATION OF FENCE IN RELATION TO THE NORTH LINE OF PARCEL C AND THE SOUTH LINE OF PARCELS A AND B, AND ANY ADVERSE RIGHTS STEMMING THEREFROM. J 9. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: LOAN NUMBER: JOSEPH A. SMITH AND KATHY L. SMITH, HUSBAND AND WIFE PACIFIC NORTHWEST TITLE COMPANY KEYSTONE MORTGAGE, INC., A WASHINGTON CORPORATION $ 250,000.00 JUNE 16, 1997 JUNE 23, 1997 9706231064 15131.5581. 7 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. x ASSIGNMENT OF SAID DEED OF TRUST: DATED: RECORDED: RECORDING NUMBER: ASSIGNEE: L AFFECTS: PARCEL C. JUNE 23, 1997 JULY 29, 1.997 9707290370 CHASE MANHATTAN MORTGAGE CORPORATION H 10. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: ~ GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: DIANE L. KAMPHAUS AND HENRY B. KAMPSHAUS, WIFE AND HUSBAND FIRST AMERICAN TITLE INSURANCE CO. WORLD SAVINGS BANK, FSB $ 247,500.00 APRIL 8, 2002 APRIL 12, 2002 20020412000727 PUt.TCRB2/RDA/0999 ., - LOAN NUMBER: 'HICAGO TITLE INSURANCE COr. PlAT CERTIFICATE SCHEDULE B (Continued) 0017554031 Order No,: 1175414 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, • 11. THB LEGAL DESCRIPTION IN THIS COMHITMBNT IS BASBO ON INlI'ORHATION PROVIDBO WITH THB APPLICATION AND THE PUBLIC RECORDS AS DI:FINBD IN THE POLICY TO ISSUE. THE PARTIBS TO THB FORTHCOKING TRANSACTION MUST NOTIFY THE TITLB INSURANCE COMPANY PRIOR TO CLOSING IF THB DBSCRIPTION DOES NOT CONll'ORK TO TBBIR BXPBCTATIONS. o NOTE 1: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 64.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: PORS LOTS 25, 28, 29, AND 32, VOLUME 12 PLATS PG 101. AS OF SEPTEMBER 15, 2005, THE TAX ACCOUNTS FOR SAID PREMISES ARE 084710-0106-06, 084710-0107-07, 084710-0115-07, 084710-0140-06. BND OF SCHBOOLI: B PLA.1CRB2/RDA/WJIJ ..... 'HlCAGO TITLE INSURANCE cm PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1175414 o THE FOLLOWING PARTIES HAVE BEEN SENT A COpy OF THIS COMMITMENT: TRIAD ASSOCIATES STEPHANIE GODBY CONNER HOMES COMPANY JOHN SKOCHDOPOLE 1/1 1/1 PlATCRBl/RDA/0999 JIll .. CHICAGOTI'.~, .NSURANCECOMPANY 701 FIFTH AVENUE, #3400, SEATILE, W A 98104 PHONE: (206)628-5623 FAX: (206)628-5657 IMPORTANT: This is not a Survey. It is furnished as a convemence to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. D <t - I i .. - • • ~ ) • ". fIRST.. r'" "'" .. 'rst American T& -,. Insurance Company FIW lor lIm>nIat B ...... 0/ APTEB f..ECOr..DING ).: •.. ~.o N.... J<'W8P' "aiR "'till A_ " sIP 8"" 24m Cill' .. lIS.... seatUe. !!11 !lII124 i ,~:':':; ~ -~ i Statuto~;~r::;=~:~"~~~:'::.: of . ~ , . '~ 1'l1li GRANTOR Shirlet' L. _. as _ separate estate .-'" ..., ;;: ..Ji1or ..... ~lderatiIaol ..... dollars ard other valuable cmsideration .~;. ~ I 1II_,.w. .. ...,. .... _.'o JooepIt Aloia Sal'" and Katlly L. SIaIth. '-'" aid v!fe e ... ,...... dtlCribtd -' ...... aitUDtt!d ill ,lie Co.ty or KOO • SI.I. 01 W .... rt-a: (~ Tncts 28 aid 29 or _ t.-Flo. Ao:re 'Iracts. _lag to the plot thereof ___ iJt o Yo~ 12 of Plats, Page 101, recotdl of ICing c:zu,ty I Haahlngton, 0-.5l Situate iJt tbtt a..tr of King. State or _i_. -- :~ -."" ;; • ... _ A 5.m 2.00 _.00 !IS ___ 5ept!!!!er ___ 15 ____ ,._" 7~L STAttorWA5~GTON c:vutm OF KIlCj em .. .., ,.,....,~."'"" _ 1- ~"'~.~r~''!J'~T:::S'~~'~~_=.-_._~ ____ --.=,=-. ." ..... a. ." tM: WriPIll ... .nitIN IA..., .. IID nrc" .. wIehI. 11M! .~ __ ftIl. UMI ~,." she ./pt., ..... , .. lwr ....... woh.wy Itd....a dtd. ...... _pel ~ .... niII ... "",",, WMIH _1M!....uktea 11ft! lhi.o 7e ('ot .. Tl' OF _ Unlhi.... . _ '1., ... _...... . ..•....... ". __ _ bool __ • 11101 11ill1rt',.ij:....u ... S"uI"", ..... lifill.1III f""""SI ..... /WII~ 1IuIJ_ IItd_ ••. __ .' .. 10 ........ ,,,1 ........ _ .. _. _____ . __ ,''""Ir ... _ S~. n'..,.....~o(_._. _. __ ~ ... _ ••••.• _________ _ 1 ...... ~1ua t!lf! n .... tt~ th .. f .. ""","~ ~~rrt. .... IW.,._&rIl~. IIIt .. W __ _ ..... IM W 1m -,.~ ... I ..... dHtI.t Mi' r.~lun.lorlht __ _'"'p • ..,...... f I , ...; ~ I ... , • ., t '''' r'o-' •.. ';"".:' ~~ !'~:!':'~, nt .,~,;, -, -"·.',',t.1 TITlE 1·1~.:I.:. ,t •. ,,,:;;, .. IIIIS SPACE PAQ'ltI(l£O'OIl A(COMllA"5 US[ r:.:. "t" .• "". .. I> .... ~ •• ,r.q 8\.DU. -: .. i,~~,;. First American Title .. --v Insurance Comp;my ~·ill.·d rflr H'''''urd nt UPI1UI'1'1 ui Pi rst Aattican ,.. tI e Co. -Kinq 190134-. Gary C •. ~ISt.iD9S P .0. 8~" 10,92' j'iw ;uul SIDII' R~nlon. WA 980~ Esct.~ Ko. 9!26JJ Statutory Warranty Deed nll,,'.f>J(AXTOK SHIRLEY SHOOK. as her separate eshte rllri'l"linr'm. .. id"r.ltil"' ,.,. T~fI Dollars ilnd other qood aod valuable: con.sidention. 6.00 2.00 .......... 00 inhltl .. ".id ...... ,,·I(')~.ulillwnmmls.... GARY C. HAST •• CS and ,JUDr •• HASrJ"OS. hubl'" ilnd vife kiD' Leta I description. on IttacW E:ahibit .. R .. "'ttached hue-to"nd br tlds ref.rIDcl' ... , part .. ereof. SUI.JICT TO !BE roLLClUMG ED2PT10115~ ~ record of Jurvey recorded on. Dec:eat.er l~ It80. uDder I .. cordinq 11012039001 _nded by AtUdu:it of Conectin recorded Sept .... r 24. 19.1 .hd.~ recordjn9 ,.109lf0792. . __ . I!I 90 ._----.---_._------------ 1-- :-.I".,n: II" \,. A:-;III:-.:(ITvS 1IIIIho.. _ .1I1.,M__ ..... _ ._,_ ... _____ .1' ___ _ Shi r 1 ty Shook I'rr"rr IIII'. ,ho, 1I11.h'",i~II' •• a :-.4Jtar)""bIk In ami ''''IIIII' !'Oil"" vlW .. tu.cton. ,lui,. co. ",,~~"nrd ..... , ...... OI'1I., ..... 1IIMIdr .,,8«"11 . ___ ._. ___ .. _________ _ I .. "" '"11."11 10.1 .. · I}I,.' m.h.·i,I,,~II') <1.,...,;1. .... '" .... I .. I,,, .,,'o·u,." ,II. _ilhill "PIt r",,,~"i.t i.~'~. I .. '" 111111 ... ·kII"'IL·I,,'~ ..... I" ... sbe .. • ' h~[ I :i .- \ I .... .-. .. \ • I , - --~ • o • , , ORIlla 110. 111"34-4 lUIIII 110. '12133 '1'IIB L\BII REi....., 'fa III ftI8 CIIIIII'IIIIIIIT IS Sl'IVADD III !III S'Dft or "' •• 1..... COlRI'!T OF ta:a AlII) 18 PP'C'RDID AS POUAIWS: AU. fir SAID 'ftIACt 25: BXc:Ift' 'I'I1II I'OLLOIIJIIll DIISCIIiIIBD PAIlCBL: CORIIIR OF SAID _ 28/ II1I8'J' LIIIB OF 14"211 1l1/llll1lB COIIIJIIt or SUD !MW 25; _ LtIIB OF UXD _ 201.00 ..u AID PlIlIALLBL IIl'l'II WE 111ft LlIIII OF 14&B "ft '10 A l'OIII'l LnIIG UO.OO I'IIIl' IIOU!II OF ID ----::::~ \I'IIICT 251 1I-;iiiiriiW'-;AI.OIIGUI Il LIJIf: PARALLEL TO 'l'IIB JIOREII LIlli: or • "8.00 na/ ... ,....., AID PAlIMdZL 'l'\) 'l'IIB IIBII'1' LIIIB OF 144'l'B sou'iilbr.r, 140.00 PEB'1' TO TJIB NORTII LIIB or SUD 'IMC'1' 251 T/IIIICS EASnltLY AtoIIG SAID NORTH 'l'\) TIIB POIN'l OF BEGIIIIIlIIG. SI'l'UATB Ilf THB COUNTY OF KING, S7Aft OF IfAS!!IIIG'fOIf. . , . : •. : " ..... . .... -.. . "~' I 1. o -_I t. __ .u DiAn I.. 1W1rllAW; 2d iiirii mrr. _z 'h, stmI 100 - a / (; Itdta/?4 ~t:><J:> :"'fJff"-- . R • " .... .., • m .!~ C '1It:(Q, ,IU _. -C2) '""ero Wi i m \.IgII a ,. .., Iii II 'tnoc __ Ad •• nl' .... "$$7 I .... .......... - STATUTORr WARRANTr DEED l)""- 01'1 'il '01 _ilIID SI'I IN .... '" __ ...• I 0 0 • ! • • , i / .. I .. .. \ . . : .. 1 0 After Recording Return To: GailN. Wahrenberger Stokes LaWIe1lce, P.S. 800 Fifth Avenue, Suile 4000 Seattle, WA 98104-3179 Document Title: . Reference Number(s) of Documents Assigned or Released: Grantm(S): Gr1IIItee(S): Legal Description: Assessor's Property Tax ParcelJAccount Number(s): 43212-001 \ IS3883.doc 20050701001719.001 E2136412 e7/.11Z111 ISif KING COIIITY, II TAX ,. SALE • Quit Claim Deed PQGUtI 01' .. I Additional n.frmu:e numbers on page __ of document. Kathy L. Smith 13415 144th Avenue SE Renton, W A 98059 Additionai1UllllJ!S on page __ of dOCll1flmt. Joseph Alain Smith 2812 -70th Avenue East Fife, W A 98424 Additional namu on page __ of document. Tracts 28 and 29 Black Loam five acre IIacts; according to the plat tIJen:of m:orded on wIume 12 of plats ... Complete legal ducription is on page 2 of document. 0847100115 I 20050701001719.002 QUIT CLAIM DEED The undersigned Grantor. KATHY L. SMITII. for and ill consideration of Deem: of Dissolution. King County Cause No. OS~kOO·H'·'''NT • bereby conveys and quitclaims to the Grantee. JOSEPH ALAIN SMITH. the following described real property in King County including any interest therein wbich the Grantor may hereafter acquire: TRAcrS 28 &29 BLACK LOAM FIVE ACRE TRAcrs; ACCORDING TO THB PLATTHEREOF RECORDED ON VOLUMB 12 OF PLATS. PAGE 101. IN KING COUNTY. WASHINGTON; The Grantor expressly limits the covenants of tbis deed to those expressed herein and excludes all covenants arising or to arise by statutory or other implication. Dated this 'l~ day of January. 2005. STATE OF WASHINGTON ) )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that KATHY L. SMITH is the peISOn who appeared before me and said person acknowledged that she signed this iJlSlrUment and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. rv Dated tbis l day of January, 2005. [Print Nam] tcw, .... a. Cd \e.ftt.. NOTARY P BLIC for the State Wasbington. residing at ,..,H """,>- My commission expires: __ =--_=--___ , WHBN JmOOlWBD RBnJItN TO CONNIlRHONIlSOONl'ANY 8461011H A III!I<UII NIl, SUmI:Im IIBLU!VtJII, WASIIJNOTON_ @_CHI_CA_G_O_111'LE ___ IN_S_U_RAN __ CE_CO_MP_ANY ___ 1l53746 ___ _ STATUTORY WARRANTY DEED Doted: ltJLy2l, 2OQ5 ._men d ! .lbol 11I<DOUAItSANDO'I1Il!IlOOODANDVAWABU!COJ<SIDBRAnON .. lwIdpoid, _ .... ....-10 ClJJ'MlltROMBs:D'JNPAHY."WASHlNOTONCOIO'OIIA~ IbolDllowia& deocdbed .... __ uaIed in tho a-Iyol UNO TaA...-NuIbor(.): 084710.0107-07 sr.oIW ,. t . i PARCBL C OF 1<1110 ~ rnr LIIIB ADJOS"DIBII'l' RtIIBBR S9OMOOea AS RBCOItDIID UNOBR RSCORIlIllG NlHI8R 9104090613. m I<I1IG COIlRT!'. NASHIIIGTOIf, BBIRO A POItTTOlt OF TRACI' 2S, BLACJ< LOIIIt FIVE ACta TIIAC1'S, ACCORDIRG '10 'nIB PLAT 'l'JIIRBOP. RBCORDBD IN VOL{l4:B 12, or PLATS. PAQB 101. IR K:ntO COORTT, NASHllIOTCIf. StBJECT 10: BX.C8PTICtlS SET FORni OR ATrAalID 8XHIBIT -A-.AND BY THIS RBPBRBIICB MADB A PART lIBREOP AS IP POLLY IllCORPORATBD HBRBIN. CItCAOO lIII.£ INS. CO'" REFI 1/.£12,.-1-/0 -- STATB OP IlASHIBGTaI SS COUNTY of ItIlfG C3I THIS ),5""-DAY OF JULY. 2005. 8BFORB Mil. THB llImBRSICIIIBD. A IIOTAllY POBLIC lit AI1D FOR TItS STATE 0' IIASIIIIIGTOII. DULY CCMlISSIOHBD AI1D SIIORN. PBRSOHALLY APPBARBD JaJ\lJS J. DIT'l1W1lf AI1D MARGARlTB DI'I'IMM/V IQIQIIJI TO HI '1'0 n THB IImIVIDOAL(S} DBSCRIBBD IN MID NIIO IXBCt7rBD 1118 IiITHIIt IltSn_ AI1D ACICIOONLBDGID 'nIAT THBY SICIIIBD MID SRAL8D TIm SJIMB AS THBIR PRJB AI1D VOWHTARY ACT AND DBBD. FOR THB DSBS AI1D POJUIOSIS HERBlH MEHTI(lBBD. ". CHICAGO TITLE INSURANCE COMPANY EXHIBIT A ERrowNo.; 115]746 RBSBRVATICHS AND IXCBPTIONS CONTAINED III DBBD FRQI IIORTHERII PACIFIC RAIIoROAD CQlPANY. • RBSBRVING AND IXCBl'TII/G PRCH SAID LANDS SO ~ OR SVCH FORTICHS TIIlIRBOF AS AR. OR MAY BB MIJI!RAL Ll\Ii1lS OR COI!lTAIlI COAL OR IRON, AND l\LSO TIIlI USB AND THB RIGHT AlII) TITLlI TO TKIl OSB OP SUCH SORPACB GROU!ID AS MAY BII IIBCBSSARJ POR GROIJIIII) OPIlRATIONS AND THE RIGHT OP ACCBSS TO S!JCH RBSIIIMID AND IXCBPTBD MINBRAL LANDS, IlICLUOIHG L1INOS OOIrrAINING COAL OR IRQ!, POR THB PORPOSB OP EXPLORING, oSYBLOPIlIO AND iIORXIIIIG THE SJ!HB. 79509 COV.BlWlTS, CONDITIOOS, RBSnUCTIONS. KASBMIIIITS, NOTBS. DIiDICATIONS AIID SBTBACKS. IP ABY, SRT PORTH IN OR D8LIlIBATBD ON THB SHORT PLAT RECORDBD UNOBR R8OORDDRO HCMBBR 9007060508. 00VBIINlTS, calDITIOIfS, RIIS"nl.ICTIOIIS, SASBMBII'l'S, NOTBS, DBDICATIOIIS AND SBTIIACKS, IF lIllY, SRT PORTH IN OR D8LIIlUTBD at TIIB BOOIIDARY /IDI' LINK l\DJlJS1MBIIT RIICORDBD _ RBCORDING !l\lllB1R 980<090613. ClTJ or RBIITOII, NASllDIOTOII ORDIltAlICB NO. <612 , IlICt.ODDfG THB TSRMS AND PROIfISIOIIS THBRBOP, JONI 21, 1996 9606'10966 -- 8 iii .. I \ .' • ( REFERENCE NUMllER(s) of cfoo""tOIS assjpcd or tdeasaI: .. GRANTOR(S) (Ust !1liiie first, thea first oaiDe aud iDiIiaJs) 1 sbL. 9;~t(J 4. 5. AdditioDai _5 on page of dOCUllllml. GRANTEE(S) (Last oamc fint, !beD f1.m name aad initiais) 1- 2. 3. 4. Additional DIIIICS on page of documeot. LEGAL DESCRIPTION (abbreviated: i.e. lot, block, plat o~ section, ToMJSbip, Range) Ft\(~i6 A-,3 ..... (: r)C5P" (nO!) ASSESSORS PROPERTY TAX PARCEUACCOUNT NUMBER OrgPfO -Wtl11 bfo7 -07 Additional Legal Oe$Cription on page I of document . • .... , ...... -..a ...... .... ~.... ,,:. \C.c5P ... 4,"5 -..w • ., .... P • " "U£L e. ~<.SP" .. ,os RECEIVED IWtU. ~·..;... ... ·• ... -.., .. Jc:R -------------..... I....,.., ...... ' s' 0 .. ... ,,".' st ......... . "'r ........ .t_ .... ...... .......... ,. H •• IIT I .. ~I 'j ft, ",j/,U !"'A ... : ;:a, .. ; . : fi I II" oj .\ .'. ...... ".~. I .. ' , --. . . '.' . , .. t .: ", .... ; .' I I /~I~· ____ ~-_-_-_-_-_-_~-s-.-.t-'---~------:--~~I' I -, ' .. " -. ., · SJ r · I-~~ • -.' lo -" s' ~ .. 'A.~_': ".. . . I "t'. / I : ,. S ~ ........ ·1 --~ t-« "..... I (~'* ........ "\ ~----'a ....... • -....; ~'( ~ I ~,; I ..,.".. , .. ~. ' ... ,"" ........ c. .~ '. .. -.17 . L_~ .... .".."'c..c: ... ~"'" SAL. ,.. .. ""'c.T). ~,~ ... '0' ~ - 7/~ " • • '. • t , . Doc .... m' ~)(.,.ttaIIJacIIoM c .. ta ...... cRln): __________ _ Rof.r .... Nuoborl.).rDo ................ or roleased: , ________ _ ............ h.r""'ncc """""" on pap .u _ or docum<n") G, .... r(o) (Iut._lin ....... I_Is): ....:JOsq>tf /), tJAf/1> KATHY L, :$,/711- AcIdIl ..... __ an 1'"",,,8 01 duo.menll') C .... ""'.H .... _Ilrs! ....... 1_10): K nyC" CnW,J r--:J MdlUooal.-rnes 0lIl pal:e __ orckKumcnlls): __________ _ 'Alol da<rlplioo (""'eTl"ed): SwrvE _ • .o<,.:7lJ Ulock:__ P'oIIS<chan:_lS.. To"",o;h,p: 23 Rill&<: ~ AdrIIChlDIl Jepl Go un paSt ~ or donllncnt(",) I.CII:_ .•. ~ Itlock:__ l'1aVStchon:___ TO\\l1Shlll: __ Rangc: __ 1..01._". l11oc.k:_,. __ FIII/Sr:clion: __ TIlWnshlP: ___ Rangc:. __ ,\d«hllonallc,ai lS on pate ___ or doc.Jmcnl(H ..o\dthtKJnalllC'g.aI.30un pilte ___ or dot:umcnt(:;;) A" .... '·. Pro"",), Tax P .. "VII ..... 1 "'umb<,(.,): -"iN 1'1/ b Q II ? DO NOl'WRITE IN MARGINS "I'he Au.it:orflttco,," r ",·m rtl)' on the information pnwidN on chis for .... The sllll"ur nOI nltd Ihe :tllarhcd documtl'l 10 nrlf)' .lae acturaty or cOlnpldcnl'U ortht indull, InromtaUon pro,,;dt'd hert:!I". - , t Sensitive Area Notice For P"rmiI /'l1ImIIer: B'I'J fI1313I.P For .... cel Number: tlo'{1Jcl 0115 , more fully d .. ""ibed" (m..t oddr ... ) /3'/15' 1'1'/ -r .Arl(:!, '5. ~. ~~~,). w"'. 9?o!:'1 nls JIIIIII'II7 _Ins sensiIi ..... iIIICIIot semitive acta buffera, as definod by !he KinJ c..y~1w Ar ... OrIioJace, KCC2IA.24. TheprovlsionsoCdIc S .... ili .. Alas Ordi""""" ""'" 10 this properly. Lim~atiOD .... ' exist OD lClioaJ in or alfoclioc die .... iIi"" oreos or tbcit buft'cn pres .... 00 tbb prOJlCfl)'. For ruther infonIIIioa lCpIdin, .udo limkIdoo. pIeose _ !he Land Usc Suva I Divis ... o( Kioc Cow!IJ or iss _1pIICy. Thll noti« .halIN. with Ik Iud IJId sI!alI not be........, HCeJIIapoo spocific wriltea _,iLat;"" r«OnIed bercia by Ki", Coliiii}'. I, (pmtI) SOSCI"If ~. 5",.,... f KMWI L. S ... ,IN . hereby certilJ .. 1 .. 1be _ tbc .......... renced propal)'. SUBSCJUBIiD AND SWORN TObe(,,,.<; .. ~ao.~ "'oW')' Public in ud (or Sta" of Wasbincton, ... idlns at '_'_1111 !1-EK~1l- ""IM .... 12." I - ." , I • t LEGAL DESCRIPTION 147 -?J3 E/~CK jOItM Ft'lJt //C~"'" ~I/CT'5 t.. u;,o (!. t /1 ~r~ tI;/~~· (:,....""'1 I 5tA-;-~ I. (po"') S"OSefIN A. S"" "'" .. ",0 K_., I... 3' ....... , SlInS(,RIBED AND SWORN TO tier-.. me "". notnrysctJl . hmbyunify.baa I un the __ of the abo",,· .. fen:occd property. e -'-t2 6" .I.., Notary Public in and (or the i St.Ue of WMhingtoo, rcsKling at 1 .... 11 ... '"7 :m'mI.~ll-I'." ""1M .... - .. , , / ,/ I '. ( ,.,.." !pru .... ""',,:e..:-AI!!!: ~ ~ Tho_liOnol ____ ~·). ., .... M _aw(I)_ booulljoclID""'" -_..,_ """ ... ",110 __ aw(I~ ". .. pIonlor ...... _ ?9+(lliJ('J.!5-.---- Z;-:~ ~(,m _. , 5/0; j)i;i Iff:iLDftri¢l.IT .s~"IAl,,/SI T" "'7M ..,.. v - ... ··CONOfT1ONSOF PERMlT/APPROVAL ,. [,ATE: 01l1J1911 PAGE: 1 I'rojecI HI>: B'l9IOI16 TYPE: ADDITION l.ocoIioII: 1341~ I_A_Sou_ SEHSITIYF. AREACONDrTIOHS: WI.,. A 11O· ... tMlrerof' f 1Jrtct~ mc:aswcdfrom'hcOJI-W.M. niutr_is ...... ir .... l01_ ............. _ift ... llJO'l>oITer will reqoiJc_ clouiGo ............... _ be ~ prior.o _ of a_left. W 190 1\ DooikIi,. Sot ..... I .... (BSBL) ...... __ r""" ,"" ~ of"'looIra' .. dF . • l:r.,. .:u;:;r:. • I 1 i !J£ .EQ In .... <::> '- "=:-- '" .. -. -'-.. ~ ! •. ~ CERTfICATE r. the u:;:;:rsigned. iWr3' Clerhfthe City of Rellton. WmJaataa. certify "tllIls.1s I true and correct copy 1If;-..IU.w.::-;e.:.qJ "l"'--- OBDIlWIlCB 1«). 4 n 2 Mf «m'.... M 'II1II ern cw R iQii, .e., LM_ --'Z!!IIIPI ... 'Ina 1 DZSftXC'l' POll 8IIn'DIIr .- sav.tCS Dr A. ~ or TJIII 90UD mE nm7, ~. AlII) OeD SVB-BIUI~ AD .' "'tRZW .... AIaIOJtJ CD' '1'IIB' u. U1'Qt CC ncar 'ZO 'JB ~. 'l'IIB CITY comrcIL OF THB CITY OF RBH'I'OIJ, WASIIDIG'l'OII, 00 0BDADr AS l'OLLOIIS: '7'" J. There is hereby created a Sanitary Sewer Rellton Sanitary Sewer Interceptor in the nortbeaet qwodnnt of the City ot Renton aDd a porti.on Of its urban growth area within unincorporated 1ting COUnty, which area is ~ particularly described. in BXh1bit ~A· attached bereto. A map ot the service area is attached as EXhibit ~B.· TIle Acoreting of this cSocument is to provide notification of potential connection and interest cba>:ges. lihUe this cO<mection charge may be paid .. t any ti_. the , City d_s not require payment until. such tla>e as the parcel is connected to and thus benefiting from the sewer facilities. The property may be sold or in any other way cIIange hands without triggering the requirement, by the City, of paymeut of the charges associated with this cSistrict. SlC'fIQII U Persons connecting to the sanitary sewer facilities in tbis Special Assessment District and which properties -... ill I , I • f I I I ORDINANCE 4612 have not been charged or assessed with all costs of the Bast Renton Sanitary Sewer Interceptor, as detailed in this ordinance, &ball pay, in addition to the payment ot 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 cbarge of $0.069 per square foot of property. Those properties included wi.tbin this Special Asses_nt District and which may be assessed a charge thereunder are included within the boundary legally described in Bxhibtt -A- and which bonadary i. shown on tbe'lII2.p attached as Bxbibit -B.- ..... UII xu. In addition to· the aforestated dlarges, there shall be a charge of 4.11t per annum added to the Per unit Cbax"ge. The . interest charge shall accrue for no more than ten (10) years from the date .this ordinance becomes effective. Interest charges will be simple interest and not compound interest. DCT1QIIJ IV. This ordinance shall be effe,ctive upon its passage, approval. and thirty (30) days after p1,!blication'. PASSBD BY "nIB. CITY COUNCIL this ~ day of_ ...... J ... U .. M"-__ ...... 1996. City Clerk 2 I I I i ! . i I I , • I.·) . OItDlNANCE 4612 APPROVBD BY THB MAYOR this lOth day of! __ J_U_ne _____ • l.996. Lawrence J. Warren, City Attomey Date ot Publication: 6/14/96 ORD.576:5/20/96:aB. I I 3 JeB ~anner, Mayor • 1 , 1 I \ C LA ... Exhibit A LEGAL DESCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON -EAST RENTON INTERCEPTOR Portions of Sections 8. 9.10.11.14.15.16.17.21 and 22 aD in TownshIp 28M. Range 5E W.M. In KIng County. WashtngtDn Saatlon 8, TownshIp23N, Range5E W.M. All of that portion of SectIon 8. T0WIJ8lrlp 23M. Range 5E ~:;:m of the East right-of-way IIoe of SR-405 and South of the following : ~'~ at the 1nCiereec:Uon of the East line of said Section 81PJdl the centedlac of 1 Street; tbence Westerly along said cen1e·1iue of NE 7th Stmet to Ita fIeI8cctIon with the centerline of SUnset Boulevard NE; thence :Northaty along the centedIDe of Sunaet Boulevard NE to the North line of the Soottbeaet ~ Of said Section 8: thence West along said North Bne to the East rtgbt-of-way line of SR-405 and the terminus of aaJdline. 8. clloil&' TownehIp 23H, Range 5E W.M. AU of that portion of SectIon 9, ToWIl8hlp 23N. Range 5E W.M. J,yIDg South and East of the mDowlDg deecr1bed l1ne: -' EIt:&InninoII: on the amlerline of-NE 7th Street at its hJteaae<:tlon with the centedIne of EdamiIs Avenue NE; thence Easterly aIoDg the centaIIne of ME 7th street to ltainlenJectfon wfI:h the (tiI"eillne ofMonxoeAve:nue HE; thebce North along &aid (en1ollne to the South bne of the Northeut ~ of said & Uta. 9; thcocc East along aid South line to its InteraecUon with the c:eDterUDe of Hel'''''''''' Awaue NE: thence Northerly along aaJd centerline to Its Intmsecticm wttb the (en'H'1ne of NE lOtb Street; thence East along said centedlne to the East line of aafd SectIon 9 and the terminus of said line. SI'" 10, Township 23N. Range 5E W.M. All of =rt1on of Section lO, Township 23N. Range 5E W.M. lying Southerly and W of the following described line: , ' BegIm!1ng on the West line of Section 10 at its JntersecI10n with the North liDe of the South Y.t of the North ¥.l of said Section 10; thence East along saki North line to its Intersection with the centerline of 14200 Avenue SE; tlience Soutberly along said centerHne to Its intersection with the North Une of the Southeast lA of said Section 10; thence East along said North line to Its intersectton with the East line of sa1d section 10 and the terminus of said line. I. I I i I i I I f I I . . G4'. j _. Ugal ~tiDnof the sptdaI As6tssment District fur the Cily tJ( Renton -EtIst Renton lntercepWl' SectIon 11, Township 23N, Range 5E W.M. \. All of the Southwest ~ ofSectlon 11. Township 23N. Range 5E W.M.. SectIon 14, Townahlp 23N, Range 6E W.M. 1'ast2o{3 All of that porUon of SectIon 14. Township 23N, Range SE. W.M. deecribecl as fOllows: All of the Northwest \4 of said section, together with the SoutlnPat ~ of said sectfon, except the South ~ of the Southeaat !4 of said Southwest \4 and elllClept the pb~ of Mdntlre HnnJrs!tes and II.t of stn:ets adjaccDt as IeCOIded in the BooK ~ Sout:f5'IT5 ~ "7tbe82~~~ ~ ~'6~~"':i~ e;:e F1ve At::re "IbIds as rewaded In the Book of Plata, Volume 16, Page 52. ReoonIa of KIng CoUDtJ. waeb'nllon. less lifo of the street abutUDg said poaUon of 'n'act 6. Block 1. aDd less nact 6, Block 2 of saJd Cedar Rift:r f'ive N:ze '1Dcts. Jeea ~ of the stIeet ~t to said Tract 6, Block 2, and h' cpt the South 82.785 teet of tbe East 15(f feet of Tract 5. Block 2 of said Cedar RMr Ftvc Acre 'I\'act.a and less ~ the street EMVaoent to safd portion ofnact 5. Block 2. Siclion 15, TOM ... .rp2lllN, RangeSE W ..... AU of that portion of Section 15. TownsbIp 23N. RaDge 5E. W.M.. except the SoUtJliU at \4 of the Southwest !4 of the Southwest \4 of sak1 sectfon. s. c1kwl18, TDWMbIp lIN, Range 5E W;M. AU Of that portion of SectIon 16. Townsbip 23N. Range 5E W.M •• en ept that poatlun of the Southeast \4 of the Southeast \4 of the eakl Be ctlon 161YfDj[.Eaat of the East line of the Plat of Maplewood Division No. 2 88 reom:ded In the -ooot of Plats Volume 39. PIIIC 39. Records of KIng County WashJngton and Its ~ eztmsJem to the North Hne of said Southeast ~ of the Southeast \4 of the said SecUon 16 and except that portton of said section lying Southerly of the Northerly rtgbt-of-wayline ofSR-169 (Maple Valley Highway). _ Section 17, Township 23N, Range 5E W.M. , AU of that portion of SectIon 17. Township 23N. Range 5E W.M .. lYing Northeasterly of the Northeasterly right-or-way of SR-169 (Maple VaUey HighWail and Easterly of the East right-of-way line of SR-405 lees that portiOn lying generally west of the East and Southeasterly line of Bronson Way NE lying i • • I , I I I I I I I I • ! I j I I' I ~~~~ ----______________________________ 1 • • 1 · I P/l8!3o[3 between the South line oC the NE 3rd Street and the Northeasterly marg1n of SR· 405. SectIon 21, Townshlp23N, Range 5E W.M. All tb~ of 8ectfon 21. Tawnsh1p 23N. R 5E W.M.lyIng NortbeaatA:rly of the Ni ~ rf@t-of-wa;y line of SR-l69 (Maple VaJley HIghway) and West oC the.East IiDe of. the ~ of. Maplewood DfvIslon No. 2 as J«Olded In the Book of Plats. volume 39. page 39. Records of KJng County. W8SbJngton. Sllllion 22, ToumlNp -. RIIn •• 5E W.M. AD oC tlIat portion of SectIon 22. Thwnah1p 23N. Range 5E W.M. deecrtbed as IDJIows: AD of the .Nort1lwest ~ oCtile Northeast 'A of 88fd Section 22l"rin« No11bedj' of the SoutherlY IDe of the Plat or Maplewood ~ as ft!COrded In tlJe Book Of Plata. wWme 18. par 1 thmugb 4. f«cords orBIng eounty. Washfngton. ·1"8 ') ..... wIth the North 227.11 feet of the WC8t 97.02 oftbe Nortbeast. ~ ofthc Northealt ~ or aaJd Secuon 22. I f I , i , . , ... . P. = ==== . ==, .. " . . Exhibit a EAST RlNTON M'fRC&TOR Special Assessment District Bouncb y e SANTARY SEWERS + •• ~~~ 20 May , < -----Oty LhIIs 1 [zT...7."..lJ SpecIal "'lFmllnt DIoIrIct « ! I I I lilh! -lllr i 'I"i " ~R · i ~ MI III ! I:! i I~ , '. " ... ·tf'II· .... 14 15 • 5TATE UF IlASllHlGTUiI ) • 'I "'~.. ,.1, l S~ • COIJITY OF oath .. dc-poses and says: TUAT hIP. fs it reyhtcr"ed land ~ur"vey()r; THAT he ... .ade it su .... Vf!.V of lawJ in the~.!-.4_N£ 4 -(Q Quartor of Section ~ Township ~ Ran!l" ~ 11.11.; Unich survey was recorded on the third . ___ doy of Ilec ...... r _19-80' in vol.me _---.!2,.5c....c_ of Surveys at page .-Z9L-Recording IIlII"'.r 8012030003 Records of ___ .!>KIlI!lQ1lI _____ (oun!;y. ~.shington. THAT there bein9 an error , the affiant approves lhe following chan(J~ on sai d survey: The north/south fence algnll.tbll..lIIe.S.l.llde ..af.lnts...a. tbra"g/! . .2It, Black loatll 5 acre tracts is actuallv we~..lIf../IIlIIIttU...l.ine..in.s.tead...IILea.s.LoLit as shown. The fence his now, however. been mved to the actlla] property as staked by thls surv!.Y. ~~ ~_60~BR~S~tour~ ____ ___ Heq:-\:and Surveyor Surveyor Seal Ce .. t. fto. 11691 SUBSCRIBED AND SlIORN to before "'< thi s 16 til day of September. 1981 \ -?-h .. ".~/) /,.-",' . flot~\-uL?i';;rin' a,,;(r./the S-tlt.-or WI.hlnqton, res1d1n9 at ~~iR;'~~~·'~;~·~=--_· ____ . ____ _ .~. Survey Index correct.:. .nd approv .. d by __ __ -.... --.-.. '---fr(. .' I . E ... 4 15l'lP~' .. I I I ! II! I ; : I ___ • ___ " ... n ..... Il? .'I:I ..... D 'j' ......................... ...." ...... NI ..... ' " _____ ,-_____ _ ................ IUAI .... II ."'t __ ~._~~.!'~U~U~.~-~~' -'=FiEbI1111'11BYW1F+5ii~iii-iilT'i"'"""I'I,"-----"'--I 311o/r,1/-6 DBBDQf1RUST " ,; n. .... nc:IftG .... __ ...... 'Il10-'''' •••••••• __ •••• z.:.. a .......... "x. ccu 1_ ..... -.. _" .. __ .... -............. .. :-=~::·Il"''''' ... -.. ""' .. ,. ..... ~'), .,...._ladIr ........... _rt ..., _ ~ ilia De .. ., ........... . ....................................................................... ... •• ""'IO-OUS .. ' W~""""'~IIIINDI~ __ '0)1' __ ... _MI ...... " ... ".' . < ,-:---,----------.-- .;~, ~" .. :; '. , ..•. : .•... ,S ~~'.,;;-.', .. ,;", ....... :. Jo.' • 0, ' . .1 "- ., e· I , .1 I · • • .. • -..-i ,. ~ 't 15111 .. 117 ............... " l"t1& I'" ..... 60Wi U7, _, -- .. ___ ""'-10 !. 'I' ". -. • ',11' " I I · • . , •• IAIIIIh II. -, 11.. ii;.~'" ~ liiIa ...... =.-:.s.;;-.... ~I :' 10 - =: ... .... ,.-,iWI"' ....... " .... __ "' .... _., 1 ......... 01· ....... _1_"-....... k .......... _ ...... _ wAIIII:'fC."fO!'f.s .... '...,.f'MCMIIUfC UltlFOIN .,.mlPJo,QrT YNI'.QqWAf(MIIJ," "", __ ",,--""t "'p)016 . . : . ;~" \ 1l ·r f i , I ,. r , 1 ,,- ;1' I ~:. . r-' :" .' .. ~ . ',', . ' :~ I : ~ " .' .,... ..... ." .. I · • , • . I .' i I ,'~ -..I. • - .-.. == -~, wASllllfCfON· SiIIP ,...,. .ftIMAnLMC' Ulfrl'OUllIU'IIUMIffr VW"'AJ(HIO),Ol ........ Me ....... ..,. '.4of' , ... ~~.. ~'::: I .. j'JIt' ,., 17 w ...... ... _'!,. • c .• , ~ " , ~ ", , , 'i -'1 ·,Y. , '.~{ j "J ~ 'j .t , J " i I '\ :~ j . !; ';,l "t "'!. " .}'~ 1· . .' .;. ,', f ~ I I 1 i , 1 1 . • 1 t ,~ 'l • II ,~ '~ {1 1 I • • r I • ,. ,. WAllIII'«mIff. ...... ..a,.nIIrII.WI&NC'UffUO ... ........... l'MP.QI(W.,,,,10).'. ,..,.. ......... .,. .... sot. -. ". -. :.~' -' ...•• "'!"' •.. . . -: , -, • I · . ··f . ./" ; .!( -, • ; , 'Zo .~., . I . ... to UlIlAl17 IWII_-.=,. __ .. _ .... _ ... __ ..... -.., _ .. 10.., _",_ .. __ IL" '.' - STA .... W' HfiGN ~"a.. } .. ... _ ..... _. _10 ..... _ ... _ .......... _ .. ' S ....... , ....... _. , .... _ ... -, ............ _ .. _-- GM!N_.,_ ... _ ...... l"'Ift "''''-.1"7 riG_4th My ."'~FP"' .... -ElP-.. DIIOl/OJ WAS'IINaI'GIto ... ...,....,..,.,........... , ........ "I(NI.,.. ----........ ,,' : ..... ' ...... ," 'nC·.....,·"h ... '.t·~.; '.' • . ,: .. •... :. . c·· .'.: '.~', . . .......... . ;'.J' ... '-:., . . ;;!: ",/,~, . :/ ..... ., ' .. ". I· ... .... ., • , , . , I I . , ---------. ~. ...... '.>e :. , I '-• ..... ..... lSUlIHl1 FIXED/ADJUSTABLE RATE RIDER. P_~ZI -c:.> 1BPI_ISfMUl __ .. _ ... us ..,,, _. 1_ • .... ' , , ....... _ .. _._ .. ::t .. __ -"""",.-.., _ .. ........" t ',., ... _ ... .,...., ... t" ,..... ")to_ ....... n w. ?? ......... ..,....,. AiWCW • O ...... . , . jdot'"...'ar .. _ .............. __ ... Scooof\r_ ....... 1H1S1 .... _ n. _ ... '" , ... l ... tI ........ !I1IIR'PAY, ii~§~~~I~~.~~ ...,10 .. -. ..... _ ~ ne_ .... -'*' ~"--n. ___ .... , .. .., ............... __ ........ " .... -. .... I "" ,""'._ ....... ... ..... _ u. __ ,n. ..... _ ... ____ -.. •• 1 "$ ...................... Si, ....... 7 JDMe" ""no_ =_ ..... CiIooIO_ ... ..-_ ........ -•• _ no" __ " ... __ .UIPtIII .... ~_ ....... ___ .,,_. _ _ " .. ___ no ___ .... _.".. ... ,.,. __ CiIooIO""'''-'''~-'' 11 .. _11.".. ........... __ .... _._"""''''''. __ --'" 1>' r no __ ...... __ ,,""'_ teI'l , 1 ""-__ "-_ ... __ .. _., __ ......... 1nfO_ -""'IOpoiot(oI( a.'* , .... eon._ neNet_ .. __ "'_,,"'_."'_-",,_, .... IO,'2nIIr..,.... ..... __ Io_4(D)~""' __ wiLl ...... __ .. _ *-0:.0.-'I1Io __ ...... _ ... __ ~_oIIot_ ... _ .. _I7Io .................. ,-__ .. -.... o:.o.-.,.. ..... ~""' .... --.... ill' ''' .... _._ar .... _triII ... '''' __ "., __ _ (It).-.. --a.:-'1110 __ I • ....., .. .., .... IIIIICiIooIO_wIII.............. 11._ ......... S._', _ • .,...-__ ,.;D ........ _ .. _ • .., ..,.CIoopDalo..,__ _ pw ppoiot(ol ( 1._ ,_ ...... or_, __ ,.,."' .. 1JIOCIIdiII 12 __ .., __ wtl_,,"__ 11._ •. (I) --"Dooeoo .,, ___ wiJJ __ .. _CIoopDllo., will PlY ""_01..,_..., _ ........ III 1710II1II....,. _ ..... _ .... Cboap ""...w ... _ 01.., ~ -dllqa .... .. .. ULTurATIfIXIDADJIIII'AILIMu ..... lnAllIIAIUlrmDu.s .. rnty.' ............. -...- l'MNGI(NN) F_JJD .. .1" • II :l PJD1IW 'I' ~'" I , r I __ ,: p , . . f -.- , . . ~ , ,~ I · • _ _ ______ .,._ ~. _ .---.,.. __ • _____ ¥ __ ~ __ ,-____ T .. ~~-r:.)Jf:\~--411j"~~~_~~f;·!.L~~~,1~ "lr]-~~:"':'\:;~'~~~ oj';·.-' . ; .•• _:;;:;'"1'<1~~1",·<~d;--" -:-•• ;;~ . ' .... . . ' .... :, . . ~,~" -. -'-, '; -•... -' •. '. '-',"':.'-'-.y; :." :/I.i_ '" .-.' '.,,;-:~.-~:. ':.,' .~-:; :: ::-.--'" ,', .. ~~: . :;:: " ~ . . ~::; :::L. I -IAIIII " lIUlIIII11 ::: ~ BYlIIoMGBEuJw. __ ... _ .... ____ Io ..... _ ~-- M1UIII'.'nflUDADIVIrAIU .. n ...... YId~~....", '-... .,... ..... _ ...... _....... ra.,.2012 ....-. - .. .~-- .. .. . -. -:. ... ·b ,".- , "," ,-.,",' :.' . • - :;' .j ". :-: .; , • 1 1 > i ! I· · - - . -~"-. : '. , ~,: . : '.. .' "" . . ---..• ~.-. ~-., .•... :"'.-'.-.:"'. :':. _Ta: -.&:=~:.-"1~_IUa • .. "" ....... _.21. Kill" '-, • '.033 ......... '""'_ ... rI ............ "' ...... ~_ .. ___ oI TntI __ H. 1m ,_IF _ Il, __ _ L ..... , " ___ ~ .. ---.-.- 121:1 ~ _. ___ ., __ '''., .. _.1 ,.... ......... -.... -... -a...,. ... anr 5' 2 :==~:II~ __ a ... __ ftft __ • __ to _ ... 1 ..... &1: ....... , ... 1.', ........... , ., i I I • II I I J II ., .. ':. .•.... , " .. , .j .... . " . j . " .. " . ...:.: ." --... ... . -.... - AET\JRN ADDRESS. WOIILJ) SAVINGS \ C&NTIIAI. PROCESSING CENTaI aDS .... DEPARTlENT P.O BOX 8&8641 SAN ANTON 10. TX 71286-9&.41 00176&.4031 W ..... BI_ STAft ccun'Y AUOIfOIlIIIEca S INDEXNJ AlMI tcev ..... __ 001 DoetIrrMnt Tltt&. DaD Of 1JUIT -AOJUST ABLE BMIEEICL Y L.t ..... hrat. .... tnt ......... beII) L~DIANEl HOEUTY NAlOW. TITlE 2.~ HBIIY B '!:/IO?;! ~-~ ~ I. • Fitp 0 .11 • .. __ ....... ~ .t--.... .............. _tnt __ ............ _LD SAVINBS _. FSB. A FED£RAl SAV INBS lIMIt u.,.tDeear.bOn w..... ...... _, ............. or ................. r ..... 'DVICI' 32, BtIIat UlIII! PlVB AaIB 'IRIICl'S III AcWIbD." ...... & Oft Ex ..... A 0' ........ ..... _. Pr-'Y TOll 'we.1 or -"-t Number 0 .. 710 0140 06 o Aa ...... Prop.rty t .. """'"' .. t pi: ......... R __ Numtlet\Ol of Doou __ .... or rol_d NOT APPLICABLE ,.... AHKot or ....... "1 Off ........ "'" _ 11M ......... tIDIl prDWI" Oft tfIIll forM ,.... It." wll' MIt r .... ... ......... to ..... ,,, the ..... ...., of ., .......... "'". 0' ............. ""ann .... ,....,. .... her .. SDOoM" lal 07 ""-I" ''4101li0 ..... WA ~. UII"!!', nl,!llU l I j ... .... ... o on CO> .... --o .... .... . -- 00116&4031 DEED OF TRUST THIS IS A fIRST DEED Of TIIUST WHlat SECURES A NOTE WHlat CONTAINS PROVISIONS ALLOWING FOR QiANGES IN ..., IMTB\EST RAn. FIIEQl8tCV AND AMOUNT Of PAYMENT$ AND _AL IIAI.ANCE PNa'IlING FVnJIE ADVANCES AND OS a'lED .. IEHESn AT LENOEII'S OPTION 1lE SECURED NOTE MAY BE RENEWED OR ReIEGDTlATED 1lE ~ AGGREGAlE PRINCIPAL BALANCE SECURED BY TKfS DEED Of T1IUST IS S308.376.00 WHlat IS 12&" Of 1lE "NOlE AMCIUn" I. DEFINITIONS Of WORDS USED IN TlfIS DEED Of l1IUST CAl S ... lIy __ 11M Deed of Truot. _ It _ APRIL OS. 2002. WIll be caIttd 0. "Securrly Ntrumenl" • Bootouu. DINE L ~lJS All) HENRY B KAMPHAUS •• IFE AMlIUl8A.." _ ... be .-"IIon-_ .... _, ........ Sft'9Iv ,. '" ...... 10 ..-. MlRLD SAWINBS BANK. FSB. A FEDERAL SAWIN8S lIMIt .. • • • • • • .. • • .. .. .. .. .. .. .. .. .. .. • I ITS II.I:CEI8QtIS AfGIOR ASSIOI 5 .... be'-~'''-'' A FEIlEAAL SAWIII8S BMIK •••• .. .. • • .... 'IWbIch" tN pi 1 and exllb '-"dIr the IIws of .... lhtIICI StaI8I: ~. __ • 1801 IWlllISON STREET. IWtLAND. CALIFORNIA .... ,2 a _ lite ............. by Borrower ;otd having IN _ ... • tin sec.m, ___ be _ lite "No"'-Tho _ shows tItot I _ l_ IN ....... pr ...... __ of US 1241.600 00 l"NDIe Antoto1I"I. pl.a __ and -.c! _OIl and ...... _ .............. _ .. lhe _ I '-",on .... to paof ... cIobl .. ~ _Ita ond 10 ~ lhe <lobi .. full '" APRil 28. 2032 lEI Pr~. lite property _ IS I,: _ below .. S-II _ """'ipIton of IN PrGpWty' .... be _ lhe "Proporty' 1Ft .... -... Tho _ts _tbed below .. _ I _ ~. T .... ,. of R9tU .. lite Prop.-ty" """"_ ... be caIttd IN -s.... Sec\red" IGI _ Any pars .... or_Hlton. go_tal IUthcnty or 0_ prty ... be c.-.c:I -p.-IOA· H rr-. _'VY. T....... Borrow« IS the "Trustor; L_ .. IN "8_'0"";-ond FIIST AI\IERICAN TITLE INSURANCE COMPANY •• C.ltforroo Corporlltoll. ,. the "Trutt •• • II. BOIVIOWER'S TRANSFER Of RIGHTS IN TIE PROPERTY I orrevocaItIy gnnt ond ....,.y lhe Property to lite Trustee. n trust for Landor. WIth • power of ......... )tICI to IN lonns of 1Itt. Secunty In.trument Tltts means tIta~ '" "IJlW'II II .. Stc\roty In~ I ... Otv'"9 l_ .. d Trustee ".,.. nghtl that •• _"" ..... Securrly InoInmonI and *0 those rtgltbt fhot the law IIIV,," to _. who .e beneflClaMH of • deed of trust Ind to trustees of • cft;ed of trust I 1m gtW1g Lto1der and TMtee _ rtght. 10 prol8ct Londer from po .. ,bl. 100_ IhIt ITtIg/tI result .f I fill 10 C" pay 011 omounto owed 10 Lend... under lite Nolo ;otd oJ other nolo. _ bV lit,. Secur,ty lnatrumtnt CIiIIecI lhe 'Soetred Nole.; Includong future .eIII ..... ..-'" Lender and '"V changes to lhe Secured Il101 •• "",de WIlli the wr,tten consent of lender. 1DOI .. 1 .1 01.811~" A ••• DPIEI1IIID 'N1'IMSl Dt!EO Qf TAUS'·AO.l IlIwnt:LY PIli'" Z ... ... ~ co "" ... .... ~ -... .... . -.... - 0017654031 '" pay. _ onterNt. Illy amourts that londor spendo undor P.ographs 2 IIId 7 below to protect the __ of the Property and l"-. rogllts ., the Property. IIId "'" "-'" of my _ promo... oM ogr_' undor tills s.c...ty Instrument, the S.cured Not.. 1ft! OIlY chango. to the Securod No... made _ the _u.n.-ofL_ III DESCIII'TION or lHE PIIClPERTV I .... T_ ..".. ..... Proporty doscrllHod below II lhe proporty _ IS _ .. 13805 1 .... m AVEJIIUE SE. RENTOII. M _068 ................................... The ..... ~ of ... "'~ • _ II Exhobrt 'A' ......... ..-• port of lin SOC\6"II)I __ TIN Prc>portr .. _ the "DoocrIIHod Property· III All -.go .. _ "'l"0YWJW>I. _ •• _ on the 0..._ "'" AI nghto .. _ prcperty _ I have .. owner of the DNa_ 1'101*1, n.s. ....... "'-' .... "" ... IIs. rogllto" ...,.."'_........., to the Propor1y. ... AI ...... or ror"-IIId 0 ...... oncome from the Deocnbed Prc>portr • MAl ............. IIId 11M ngIIta _ prof, ... __ ngllb 1ft! ___ •• pwt of .. Owe Ibid PrapIrty. Iri Alnghtstholl_n .. __ .... ., ... _or..-.. front of. -.. or _ .... the Dlla_ Proporty • """ AI ___ .. now or n the fuIura ... be on the Dosa_ Praplrty or on .. pi op .... dllcrlbed In IUbHetIon .. of ... Sec:bon.. .... All of the r9* 1ft! prcperty .......... n ..... boo. "" Ihrough """ of ... SoctIOIt _ I __ ..... futLn, 'ocJ AI rlFI' , .. 015 of tw _ to the proporty __ ... ' boo • .. I ~ IwoI of ... s.c-. IIId IxI Alofthe_lIIotlpoylol __ Plrograp.2be1ow IV. -.alia: s RIGHI' TO ClIIANT A SEa.uTY IN:&IE$T .. TIE PIIDI allY AMJ IOiiiiDL'JEC 8 aatGATIOH TO DEPBID 0\ ....... DI' -n-. PiG SCi i I prGInR !hot II , ....,..., own tho Proporty. i,1 , '-the r1!Iht to ~ IIId convey ... PI"""'" to T ........ 1ft! loti .......... no outstad ... dMms. cIwges. ..... or encuntw ..... ISJIInst the Property. except for those whtch •• of pubK record I _ 0 _II wwnnIy of toUl 10 l_ Thoo ..-. _ , WIlt be filly r.spcnll~l. for .." 10NeI: whech lMCIW ,uff .. s becaus. aomeone other I\In myself IIId the TNIt.. hi. oomo of the nghb on "'" Proporty which I prom," 1hII I have I prom.. .... I W1II dofond my _shop 01 the Proporty IpI'I8t Illy ....... of such ngIIb COVENANTS I promoo '"'" I ogre. WIth L_ II follows BOIUIOWEII'S PROMISE TD PAY , WIll FOV 10 L_. on 1ImtI. II' pr,nc'pal and ,ntero.t clue under the Sacured Not ......... pt'IFoyment Ind '"" chorgas due under tn. Secured Note. SDMK '" t7 • ." .... AMD ORO 0' ",UST-.4DJ 8IWft'Kl V ~ ... ,) "A 0017664031 2. PAYMENTS I'0Il TAXES AND ~ IN 1Ion_. moI,_I_ I w. ply .. .......... "..... .. y to pay taJc.. II1d haurd ...... once pr __ on ... Pr~ .. woll .. __ • lo.seI1oId IHYmenb. ground rem. or ~I ., ......... pr_ ., """ III &wow -'"- SoAIloct to 'IT' coble law. no escrow _ be requonocl I.capt upcn wntton _ by Lond.-... __ • I _ pay to Lendor on ... dey payments are .... ........ "" ND1o. until "" Note .. pod .. full • sun ."..., for III yowty tox ... ponoItoo. ond •••• " ..... _ mor _ pnonty over ... s-.nty ~ u • ..... on "" Pr~. tI yowty le",hoId poymom. or ground rents on "" ~. rf any. tel -" .... n or poopow1y _IIlCI pr-.... 'el yowty flood ......... pr....., " any. ond Col -" mot 'C. _____ pr ........... of any n-....... I coIod "'-ow _' L_ 1lIIY. It ony _ coltoct ond hold "..,. n .. _ not to IX_ tile ____ • _ for • fodonlly rololllod IIIDI1JIIIo -. .., r_ for .. aaerow ICCIU>t ...... _01 Reo! e.-~ I'roc:eob .. Act of 1974 os __ "-_ to ..... 12 USC. 2601 It aoq rAESP"'L """" _law _ ....... 00 ... Fundo _ ....... _ If .... l_mor. atony __ ond _ "-.... __ not to exceed .. __ Lond.-.., _ ... _of~ .... on ........ ofCUT ... _ond'd tr __ of uponcha'es of fubro &crow _ n ooccrdonce _ ",pkobll law n. __ be hoIdn .. __ ~ .. o _edby. fodonl _. ~. or ~ IncIucIong L_. If ~ • """" .. --....... or n any "-01 _ l-. ... lond.-_ ""*' "" "..,. to PlY .. e-ow _ ..-mor not ....... mo for ~ _ IppIyng .. Fund:t. ...-..Iv ..... DO • .. ____ or ""P ... &crow -. ..... ~ pop mo __ on .. A1nda lItdIor If2P' t' ..., permrts UndIr to rnab ad'I • chwgII Iia .. _. LendIr .., ''''''" mo to pay • _ 10,. -.. 'or on .ldItpoIdoI ...... _ ........ ,-;00. ___ by lMd.-n _,_" _ ... 10." ....... ",pI I' low _- aU .. _ UnIeos an ...-.nt • _ or ",plo _ low ....... __ II> be potd. ~ _ not be, ........ to pay .... my.--It at ....... on .. _ ~ __ to ___ -v-. ........ ccounling of .... Fund:t. ......... _ ond -.. to 1IiII _ ond .. purpooo for _ -" dobtt to .. Fundo _ modo lho _ .1 pIodgod.. ddt •• wi aoco.nty for .. ....,. MCUroJ by ... Sea.nly __ If "" __ by Lendor _ "" _ """._ to be _ b'f , ,: " 1IIw~ lendw ..... ICCCM.nt to ". for the excess F\nda: .. ICCG dIIM» wtth .. ' ..... ,.Its 01 ,.",_ ""'" If .. ..-01 tt. _ hold bV L..-01 any _ • not tuf/IcIent to PlY eo. &crow __ M. L_ mor 10 notfy mo .. wntng. .... n such coao I _ PlY to L_ "" amount ..........., to ....... '4> .. _iC, or IhottIge I ___ ..., tt. de_iC, or ........ _01 __ ... r ..... ' ..... of .. Londot. at Its .oIe _Ilion, .. !he momor ond'tmo. pr .. _ by RESPA Upon ...-.. full of II ...... """,,0<1 by .1.. Sea.nly Inotrumont Londot _ promptly m-to ml my _ held by Londot If ......... ,...aph 28, L __ oe_o or ... Iho Proporty. Lwidor. pnor to .... _"_ or _ of .... Pr~. ..... ""*' my F.ndo held b'f Lwidor at the ..... of 8C"",S_ or .... .1 • cr.cM -rJM'St tN suns NC:Ured by'" Sec:unty Instrument 3. APPlJCA TIDN Of IICIIV\OWeI'S PA VNENTS !.Wet, .. law r ___ so. l_ Will .pply oaeII of my payments ",d.- Olo Soand Notoa ond _ Par • .,...... 1 ond 2 abo.e " the folowonv ardot ond lar the fDio_g ""PO'" FItSL to p.y p....,.yment _ ... dtio _ the SlCItI'od Nots .. Socond, '0 PlY .., oJvonce. dtio to Lend ... lIider .hlS S ..... lty In ....... ont Thrd. to PlY tho -.rita .... to LondIr under P.,.agraph 2 obove. Fourth. to PlY tntores! duo unw 1Iio Secured No .... FIfth. to pay delrred lIltorest duo under tho SoCU'od Not ••. SlOth, to pay pr ....... due under tho Securod Not •• , .... L '0 PlY 1"0 charge. due undor the SocIJI'od Not •• DUD 01'" TIlIUIY·.,Ol I"'WEEKl'\' Pt •• '" WA ... ... .... ... = = .... -co .... co .-coo 00 171i64031 4. BORROWER'S OIlLlGATIOH TO PAY ctIAIIGES. ASSESSMENTS AND CI.AIMS I WIll pay .. WI'" ___ and any other chorgH nI , ... _ may be mposed 011 the Pr~ and tho! 1lIIY be .uporJOr 10 this Secunty _ I WlU _ ..... P"l'"'tl"'" .... Inder my ..... " I an • 10IlIIII 011 the Property lAd I WII ,.., ground r ..... ~, ~ .... on the Property I WI' pay _ omounls _ by """''''II the pI~ to L_ thai are de.crt>ed .. Porauroplt 2 above Of' by INk"", the peYf'I*U on _ to the Per..", owed thorn Anr elM'!\. .-..-or ..... thai IS ..-&ga1ll8l property bac:a.e .. obIIgIhon .... not _ r,M,UN .. known II a I ... I WIll pr~V ..., or -ry .. h .... ~ 11. Property tho! may be .......... to Il100 s.c.r"" ~ ~. Ihoa Seamy ............ _ not r~ l1li to -Iv • __ ...... If !AI I ............. dIng. 10 pay the '~'II''''' whtch _ rIM 10 .. _ ...... and lendar ..,.,,_ .. """"'" lhe _ .. wildt I agr.. to pay IhoI DiIIIgoboo. or iBI .. ...... f8lth. I ._ or cIeftnd -''' ................ a _ 10 that. '*""II the -... the ............ lien may not be en_ and no part 01 the ~ rrust be IlIv"" up. or ICI I _. from lhe ".,.,.. of thai other lien .. "IlI"'-ot. _oved .. -otonv b)r L_. thai the I., of ... 5 ...... "" __ .. ...,anat 10 the"" held by 0>01 P .. IOII If ~ _,._ tho! any part of the ~ .. -,.ct 10 • __ Iosn. L_ ..., _ to rna • nolle ••• 'PIII the _ lien I WIll pay or SIIoafy the __ lien or ......... Of' more of lhe ..-At forIh oIoove _ 10 dayt 01 the _ 01 ..- 5. eauwr;Bls OItJGATlON TO MAINTAIN INSUIINfCE At my _ GO.t and _ I .... _ and ..-_ ....-.-to __ .. ... t $ lip ... otfw' ..... 0" ...... IIwt now .... Of' It the fubre 'NIl be IIoc:.-t.d on ... PI ;,..., The _ ..... _ ..... or __ c:ouoed by I .... _ ........... oov..d by ...... I I ........ '-d ...... _ poIocoes and 0_ -.. for _ Lander __ ..... _ The ___ ...... t be 1\ the ............ _ lar the ....-0' _ ~ b)r L_ I may ~ the .,..,..,. eo,_., but .., __ ...... jOCt to ...-. __ Lander may nat ret... to __ '"' _ ..-lie rehoool .. ro 1I All of __ ....-. ond , ........ of the pokoeo ..... IIICMIt _ ........... II • _tdood .... • • CI_ 10 protKt L_ 1Iw form of • poa.o.. Ind ,., ..... nIIIt be l=cI5' : , to LendIt lAnder wdI .... the nght to hold the ~ lAd ..... _ If ~ --. I wol prOlTf>lly _ ~ .. r..,.".. of p.d_----lr-. If I ~'""' ear1Itquoko .,.....,.. any 0_ haurd onow __ cr_ 1,1. _Of" +lIbJltt)-.....-.ncrI,. 01' .,., 0" .....-..:. on or relating to CM Propertr at' the Secu'ed Notes and wildt .. not _,_ roqured b'/ l_. , WIll .-L_ .. Iou _ol..,prOCMda If lhwo .. a _ or __ to the Proporty. 1 wol promptly noIIly 1M proper ...... __ 'Y _ lendar If , do not promptly provo 10 the __ .,.,.,.,... _ tile los. or dIrNp """,,"Od. _ L_ may do so The .mcu'IC plid by the ....-.rtce comp"V IS caIed "Proc ... • Any Pi Dendi _ .. _ w.' be applied Irat to -.. I..ondot for coat. and _. oncvnd " ...... ___ .... lhe Pr_. and ....... II L"-. opIIcn and .. 1M ordor and propor1Icn .. L_ may de." .... Its solo and absolute d,_CO\. r~ .. 01 anv -' or I""" of .........,... of •• c ... ,ly. .. lolow. !AI 10 tile "'lint allowad by .... _ lew. to the Sums s.c.red ............ that l_ da_ andIor .. to the paynw1t of costs ... expenses of nee ••• ..,. ,."... p to .,. roatorallon 01 the Property to • condotoon ..... 'ac1ory to Lender. S\iCh o;pfocabon 10 b, ..-.. the __ ... It lhe tW'" .. dotermono" by L_ II 1 -.. 1M Property or " I do not _r. wolhon 30 days. • notlC' 'rom L_ olllonl That tile ,nsuronce compeny has o'fered to .ottlo • c...... Lender mey _ the ProcMde I.ender may .... tIIo Procoed. to r_r or 'Nlora lhe Proparty or to PI, the 5\1111 s......ed The 30...., perIOd Win begin whon tho 110_ 'I G,ven If any _ ore used 10 r.<iIcto the .........,t 0' prlnCopai ..... ch I owe to L_ undor the 511C\11'ed Notes. thai use w,1I nel delay the M d.te or chInge .. amount 01 .... y 01 my btweekly PI'I'"InIs under the S.c .... d Not •• _ ...... Paragraphs 1 ~ 2 .boy, However. Linder and I may aWBB In Wrltng to delays or change. PUD OJ" TI'IIJST-,t,DJ IlIWElEIll'l' p, •• I w. ... .... ... .,. C> co ... --co ... .... . = 00176S<tOS1 If Lender ........ Iho Propertf under Plngroph 28 below. III of m, "ItM n the ...... 1nCe ~ WII belong to L_ Also. .. of my r1{IIts WI .., proceado -. ... P*d ....,.. of ctomoge _ OCCU'l'ed befOl"o. the Pr'oporty , ........ ed by ..-M oo/d w. belong to Lonclor How.vw. Linder'. rogrts .. 1110 .. prOCMdo ... not be gruW 1hIn tho &mo __ ty before tho Property IS acqurod by ~ or .oId If I .., ........., by ~ to poy pre."..". for ~ ...... once. I will poy the pr ........... until the ' ..... _ for mortgage nsu-ance ends -dong 10 "'" _ ._ WIth ~ or _dong to·1Iw .. IICIMCJWER'S OILIGAllON TO MAINTAIN nE PIIDI'ERTY AND TO PU.fIU. AllY I.£f\SI! IlIIUCIATIOIIS I ... U. the Pr-'Y .. good "-I WIll nol -ov or ~Iy c:Iwnge .. Ptupwty and I ... not ...... tho Property to .-toner .. I ... U. .... __ tho PropOf1y n COli II __ ony _ 01' feder. ""ordaUI _ nI -.us _ IIwo I WII not ... (III ..... ",..,flClon or star • .., _ctouo __ 01' __ _ 01\ ...... 01' obout ... Property I WIll I"'''of,. defond IIId hold I." .... LoncIor .... lis ~ off ..... Ind _. nI "-.. ...,...on from ony ........ do" "' 01' _ for ~ 01" •• ...., r_ or tho _ of __ orony ____ lfldonotownbut .... _ on the pr~. I WII flilf. "" e~llIl1Jco ....... "" _. I .... _ !hot. of I ...... . tho f .. Iou. to .. Property. my __ est and the fee lou. WII not merge .-. L __ to .. _ .. _""'" 7. lSIDER'S NGHT TO PROTECT ITS RIGHTS IN nE I\IQ &. V If IAI I do not .... my pr_ and ~_ modo n .. s.a.nty In8WunenI. 01' a __ ... tndudng .... begno • IegoI pree ..... tho! ...." ... _111, .,tKt ~ ............ Pr'Plrty Couoh ......... poe, , .. ~ ... pr.-. for ......... I ,or to .. __ or rogula1Jcnll. _ ~ ..., ... nI "'"' for _. rIC •• , to ~ Iho L_. ngIIIa ..... Pt_tt ~ • ..-...., __ P; .i. n court _ r......-_,,, fa. .... -.. on tho Property to ...... rwpwa ~ _ ~o me nv-before ..-..., lib onv of __ -. _ ...." tole. ICIIor ..-.. p ...... .,. 7. L __ not _ 10 ... 10 ,.", __ by Lordor ..-itA Per...". 7. WII not r_ .... from ..., DIll II''''' ....... Iloo -... _ . I .... ,.., to LMdw .., __ wIoc:h l ___ ..-.. p ..... oph 7 _ ..-OIl tho _ role .. offoct under tho Secured Noles __ not _pool IWII,.., __ lolender wt..l __ • mo._ ............ _ I do PO lnIoroot or -. ......... WlU bego1 to occrue or Ihe __ ... _ ,. _ by _ 110 ....... Lender and I ..., _ .. wntIn9 10 ....... tho! orr dlffonnt from those .... Per...", 7 ThIs s-nty ~ ... .,.-t l_ n .... I do not ....... prom.r to POV !hose omcx.ms _ ""_ a LSlD&'S RIGHT TO INSPECT THE ..-en I '( L_, and oilier_ •• thon",d by Lender. may ontor ___ and -' ... Propwty n.y I1II5t do ao .. I i _01 " ......,.,d ilt reaaonabla bmeI Belen or et tho ...... nopectJon Ie -. ~ must II'v. me nol,e •• taIIng • r...-purpose for tho onopocIIcn 8 AGREEMENTS ABOUT __ AL TAKING OF TIE PIIOPERTV I __ to lender an my rtghtw IAI 10 procroda of au .words or __ for ~ r8lUllng from _ ............ .....-domrn or olhor govommortal IoIIno of .. or on, port of the Property. .... -'I to proeo. from • .... of oil or ..,., port of tho Proporty Ihot Ie ..-10 ...... condo .. ,"""", """"""' domoon or ""'er go .. "" .. t lIkong of 1ho property AI of 1110 .. proc_ wol be p.,d 10 L_ If .. of tho Proporty • tole... ... procoeds will bo used to .-1ho So.ms Soared " ""' of tho proc __ .Itor 1ho amount !hat I owe to Lendor has boor paid In ful the ,~ proclldl wt' IHI pMd to me l.AWu Lendw Ind I ... oIhorwo.. .. writing. ,f 0I1I)t • pert of Iho Propertv os token, Iho omounl _ I owe to l_ W1f be roOJced onIV by tho omounl 01 proceed. multiplied bV tho loIIowong fractoon fAt Iho total """""" of tho s..... 500 ... 0<1 mmodlatoly bolore tho takmg. ", .. ded by 1111 Iho f .... morltel ..... of the Property ,mmed,atety bolor. the 100""g Tho r __ of tho proc:oed. woll be prod to me SD04If 101 U ..".,,, ..... tel 1)(10 Of' TIfUST'ADJ BIWEEKLY " .... w. --co .... ,co .e:> ... 00175£>4031 If I obondon tho Pr~ or If I do not anow.... WI_ 30 drfo. I notoc. from l_ -.g _ • governnenlal IU\horIty has offer ... to make • pa~ or to _ ...... for d'"U,II. ~ .... tho _tv to collect tho proceed. ~ ""'" _ ... tho proc_ to rep ... or reotor. tho Prop.rty or to r ....... the SUmo s-"..d The 3O-day ponod ..... begon _ the notice 05 !lIVen If any proceedI ore ..... to r_ the amount of prlflCopaI which I OWl to ~ uncIw lie 5_ Not ... _ .... wolf not de'lI' the _ .... or chen"" the ...,... of any of my boweoIdr paymonbo IFoder the Seco.nd Noteo .,d under Pa egrop.o 1 end 2 __ • l_ end I may ..... _,1Ing to -V' or cIw1ge. ,0 tofIITINUA TIOH 01' IIOIIROWEJI'S OIt.IO" TIONS AND 01' I.BIDEII'S IIIGHTS W 110110 ...... OIIIJ\J8I ...... ~ ..., ...... • Poraon who 10k.. ovor mv nghto ond cbllgOtIons .... jICI to _ Sec:wItv ............. to deII)I or to ohengo .. _ of tho bowaakly parmonta of pnr1CfIII end __ .......... or the Sear ... _ or IIIder tills _..., __ ev.n of ..-doH .... _. that Pareon _ I WII' both .... boo ,.., obkgotN ..-lie Sac&r'" _ end IIIder _ s-..., ~ ~ ..., ...... _ deII)I' or chonIJ8a lor ...... -. who _ ~ my r9*" end obk,? Ill, _ " L..-II roquested not to do so I.ondor WII no! be ....,.ed '0 IInng ........................ P .... on for not twfillng obllP' c ......... tho Sacu-ed _ or ....... _ s-...., NWument. even " ..-IS r"" ...... to do so lit ~. """'" -. If ~ _ not oxarco .. or enforce any of lIS ngIIIo ..-1hos Sacu-otv __ or _ the low, ..-woN o1JII ....... of _ ...... end mav ........ _ .,fota _ II tho Iubr. Even If ~ ___ pap _ or pap_ ............... or_ ......... Pr~ • ..-__ ... ...,.._ ......... 28 below to __ .. , ....... ,,'_ ~ II f1JI of ... _ _, _ to l_ ....... tho ___ IIIder thoo s-.tty __ n OIUCIATICINS 01' IIOIIIIOIJEII AND OF PEII9DNS TAKING OVER ~'_S IIICIHTII 011 DRlGATICINS Any P_eon who _ ...... my ..... or .,'"_.......... s-.ty ___ ...... of my ...,... end _ be cblogoteol '0 k_ .. of "" IX Oil • end _, .... .-II __ ..., _ SomoIorIt!. any P_eon who toiles 0_ ..-. rogltla or oblgs' • _ tills 5eaJnty Ins~ _ .... II of ~. r9* ond WIll boo oblptN to k_ .. of lender'. agr_ .-III ... s-...., -If nD". thin .... P ....... """" III SIIc......, 1nW ......... lIo<rower. -" of ua " fully abba tWI to kllp ... of .. i oww'.s prCJll'NMa n oblfgllborw contlNd n tns Sacu-..., _ ~ ..., enforc. landor'. nltns lIIIdor 1110. Seeunty ~ -" -" of ... ondMduoIIy or -' .. of us tovelher ThIS ........... snv ~ of III may boo r .......... to poy ... of tho SUmo Secured 12. MAXIMUM U) ..... CHARGES If .. ,... 100000ed by lin S..."ty Instnoment " $ub.-ct to • law _ch oat. max ....... loan __ ond .. law .. 1--, Interpreted so that the _ .... or other '011\ chlrges coatectM « to be colected 1ft connecbon With the to... exCMd penmthtd ......... .,., !AI snv ouch ,... _go _ b. roduc... bV the lI'nount _os.ary to reduce the _go 10 the pemuttad """'" _ Ill! on, sums ....... , -.. from Iorrowor whiCh .,,_ I*"ilted , ..... Will be r.funded '0 1Io<r0wer ..-"'"V c:hoooto to make " .. r.,..... by radueon, the prlflCopaI owed ..-the Sacu-ad Note. or by "'"""" • dorecl pI)IIIMWIt to Borrower If • rolln! reduces pr .... '*. tho r_,on woI' be _ II • pli11ll proP8V"*" wrIhout any propoyment _"" under flto SOClred Nol .. 13 LEGISLATION AfFECTING LENDER'S RIGHTS If • ohenge .. "",'ocaI>. law WOIAd make any provISIOn of tho Sacu-ed Nol.. or u.s s.cU'lty InsInJment unenforceable. lender ",..,. requ"e that I make ~. po~ ., lull of II' s.m. S ..... ed b, tho. Security Instrument OftO 0' T",",sr-"DJ IIWUII:L't ~I" , WA .... • coo . -... 0017664031 ,.. NOTICES REQUIAED UN:IER lHlS SECI.fI/TY INSTRUMENT Any no"" that ...... b. _ to me under u.. s.c..nty Int.....-wdl be _ by .,._ It or by rnotIong It by frot _. f!1Otl ....... Ippholbl. IrN r ........... 01 _or method The """"" WI. be __ eel 10 mo It 13806 144m AVENUE SE. RENTON I IA 81068 ........................................... . A notice wol be gown to me It ., ......... _ address If • go •• lender • nobce of my 11__ ICIdr8II I may dQogom. only one moot"", __ .. I Irnt lex nobllCllJon purpoM' Nrr"'-that ..... t be gown '0 Lender _ this s.c.ny Inoirument WIll be _ by mooIong It by 1 .. 01 clu ...... to Lender's _eo. _od .. Secbon IIQ ....... """"eel,. 'Def_ of Warda Uood In ThIS Doed of Truat.. union lander go... me no_ of • _ont _ ... Any notice r~ by .... s-onty inolnlment .. _ ,."., It I. _ ex _ It I • .,.kYerod accordong to tie r __ of ... p ..... .."., 14 or of _boob,. low ,s. GOVEINNII LAW, SEVERA8IJTY _ a.-tIy -__ oncI .... S_od __ • IN! __ by oncI ............. __ ., ,. oncI f_ ......... ~1111_ --.. _ for f_eIty _ ..... _ ..... , __ .'Ied ''P_ t..w," In "'" _ that my of the terms or prov!tIOIlS of ... SeCInty ~ or 1M Seo\ncI _ are onIerpr8Ied or c:onWuod by • court of _obolt jIInOdoc:t>on to be VOO4 _ or _or ....... ....... ____ afI_ only ..... ~ 10 __ or ..... "._ ... _ nat .~ the r ...... proIIISIOnI 01 .... Secu-rty _ ex "'" s-orod _. .... ICNtDfJECS COPV I """'KlI01,fp 1he receopl 01 one eonlonnod copy of 1M S ........ Notes ... 01 hi: Secunty ....... " 17 lSCIIIII IIUHJS TO ~AL PAYJoefTS AND TO TAICE POSSESSKW 01' 1'HI! ... ai. 't If LIndIr ,...._ mn' tv .,.,.u ., rul or If I ~ the PI cp.l'tf ..... L_. Pw-. ..........., by ~. <W • r-.. ""p..mod by • court at laIdor' • ....-..., (AI _ tIw ..-"""'*'" II1Cbq __ ..-~ ......... fnIm .. _ .. _ ~ ... take pOll II' " of 1he ~. ICI ......... Pr~. _111 __ ........ rontll agoNI.Ito"" _ If L ___ .. _ tIIot lender '* .. ....,.. 10 ooIec:I rontll ~ .. dncIIr from __ under ........... 17. I _ ... the _ ....., mllto _ ronlll __ to lender __ -.g 10 Ilk .. lender _ I hove ,..... to kelp my pr_ nI 001_.'" ..-u.s Secunty __ ex InI mo lor my penns-. to do ao If Londor _ to ........ Property SOld .fter • _ of Duly .. _ .. P....,.""" 28, I __ ond ogr .. that CAl my right ID "..,..., 1M I'r-'Y _ .. the .... 1M Pr-" .. eoI4 .. I _ .... no nVot to """"" .... ~ .fter ...", silo _ .. __ 01 1M '-0_ of "'" 1'1--". _ to my wrong'" ond _uI po ... _ of ",. 1'1--" may 0IIb,"", .... to __ , damoeo .. II1Cbq "'" 1000 of rouonable r_ and ... cost of ovoctIOn All _ p~ c_ by Londor or by • r..,....., _ than .... ront paod by me .... 11111 ........ 17 ..... be _ fnt to PlY 1M cooto of eollec1lng _ paymenb nI 01 ....... the Pr-'Y If ony pert of 1M rant.r __ r_ after _ coots hove _ paid n fill. the r ..... ng pert WIll be _ to r_ the s..m. s-nd The COlts of __ .. Pr..,..-ty _ 0IC1ucIe 1he r_. f .... roosonable ott"""'Y" _ ond 1M coots of my --V bonds " INJUlY TO I'IIOPERTY: ASSIGfMENT OF RIGHTS An ".,'''-... .....,or 01 nghU 10 onothw I may havo...,.,. to-..... 1ogaI ""'on ....... __ Ihon Londor. for .. "" or darnIge to .. Proporty or n "",""",bon Wl1h .. _ ....... 10 me by Londor and _ aro.o or woll one. beforo or alter the _ of lito. Secunty _ The.e "ghts to br"l1 legal aobon may .- on acbon lor broeoh of conl ... c~ frauct conc,,'menl 0' • """"rill fact or lex .,_ or noglogont 0011 I _ """" r~ _ ony proceeds arlUlg Irom the.. r~ II pormrttod by oppIo'-law. to Londer IAndor may. .1 ots oplton. enforce _ roghll II ots own ...... IIId _ appIv anV prooeedo retulbng Irom this .... .,.,.. to my """"" !hili I may owe 10 Lender _ the Not. ond lilts SIC\rIty In.lr ....... alter -.cling ony "'Ponao.. oncluclong IlIomoy.. ,.... oneurrod II ..,'oreOlIl _. nghts AI tho r~1I of lender. , WIll .. ", ."y further IHtgrVnents or other document. that may be nece ... wv to enforce this IS.tgnmenl SOOt .. 101" 'II' -'" AMI 05ED 01 TRVST-.w.t erWEEKI. Y P .... WA -... po ... ... ... ... --... ... co .0 .... 001766~031 ,.. CLEIUCAI. ERRORS In the _ L_ at .. , !me d,sc""'-$ thot thos Security Inotnmont. !he Secured Notes t:W ." other docw'nent related.to 1t.s 10.'\ c.hd ;oU.ctJwfy ... ~0In Oocunontt: conIIono .. otror which WU CJUSed by • cloncll -.. c*'Abon otror. -..puIor error. pronltng erro< or .... 1... orror. I .... upon noIIcIo from ~. 10 r __ -'Y Loon ~ thot or, _ • ...., to correct -'Y ""'" _orW and , "'0 ._ tI1aI I WIll not hold ~ r_tblo lor My <Iornoge to .... -. may .- from -'Y ""'" error 20. LOST. STOLEN OR MUT1LAlED DOCUMENTS " -'Y of the Loon ~ ore lost. SII>Ier\. mutilated or dNtroyed and L _ _ or. 10 ,. .. .-..._ .. my IINOt. $ogned by ~. _ , WIll _ and _ 10 ....-• Lom 00 ......... .-., fOf'm """ ~ont _ WIll .... !he effect of the ongonoI for • fIU'POA8 21 WAIVER 01' s:rAlVl& CI' UMrTATIONS I WII _ w ..... Ill" ' , _, thtt p/oe<IIng of the _ 0' __ ... de,..,.. to onforC4t ... SeQrtty InolrunwI\. tneIudtng .. y ottl pi ... r.ferred 10 .. lIN Secunly __ or Secured _ 2a CAPTIONI . The c:apCJono .... ...-.,. .. the by ..... of __ "'" of lIN Seartty __ ... fo< fa_ """ _ WtII not be usee! .. thtt ""ph4 I WI of -'Y pr_ of _ s.c..nty __ 23 MClDI'ICATlON ~ s.c..nty __ ..., be mo<Itftod or "" .. _ .., bV .. ogr_ .. wnmg ...... by lIorro ..... and ~ L_ ..., .-tv .. s-.nty InA'1.IlwtI _ tNt __ 01 ~s _ 'IC _ ... tNt __ , _,_ II> ..... my ~ ... "' ..... the _ .. ,_ .. 1heSecond_In ... _o'._'-lo........, _,a .. ....-..", • __ tNt WIn ........." ,..ymonI" 01 _ ~ ... tNt _ -.otIy __ -" II ... s-...,- ZI CQMD1J1.1IUM, COOPIItATIVE AND ,.....0 \NT DElIII.OPMENT DalGATIDNS H .. I'r~ • • .... .. • 0011Il00'........ .........iIII.. or pIomecI ... .... Iopolllll\ _ 0' __ be _ thtt 'Pro,ect." and I ...... -.at II tNt ccmman "'.ib: of U. Pro~ .... lMcIer Ind I agree that CAl If., ......... _toao, or othor 1IIIrty. _ 'Owooor. Aooocooloon," holdS _ to /'rq>erIy for 1he _fit or use 0' \he I'ro,ect """ Ito _. or __ 'Ii .. the ~ ..... __ my __ .. thtt Owooor. A ... : ..... 1 Ii\d 1he -.. proc _ __ ofmy_ a The foIlowwog •• -.. ... ~ ~" to) n,. d ..... _1 0< -'Y 0'" _ which ...... 1he I'roJOCl .. By-laws of ... Owners A_ ....... Cool Coda of ,.., , b... for ... I'ro,ac\. 1M Amc/o. 0' tnCorpornooo. InosI __ or __ • _ which ... _ the 0-. A,oocl'~on, M 1100 Pro,_. co,_ conditt ..... and raofroctono. ..., Other _"'""' _Is I _, perform .. of mv *t/IIIoi IS under thtt Conttttt.ol Documonts, oncIudtng "'I' obIIgatoon to poy. when liMo.. III ... and "''''''-If , do not poy the __ "'" ..... _ ....... _, ~ me,. at Os opbon, PlY thom , WtI po, to L_ "V """""" _ ~ OIdv..coI urtdor thiS Porogr"", 24 according to the _ de....-.. P-oarepli 7 _ - ICI If" 0-. _on matnt.ns, wtlh ........ ..,.. compony rMlOlllbly oecop_ to L_ .. m_tor or 10._ poItcy on tho I'roJICI _ , •• illllfKtory to Londor " whiCh pro_I ...... _. co_ogo on the te...... II lite Ii'IIOUIIIs, for the ponode. and aganst the _do Londor re_ ncludong fro .... h .... '" tnCIuded _ \he term ".xltndod 00_190.' """ Lender IS provded With 8'IIIIence of ouch ...... " or "''''14 poItq. Ihtn (~ Londor WllYII the prOViIllOll II Por...... 2111 abo .. for tho poymenI 10 Londer of the M1Im8Iod Yur1)I prlll1l\lll tnataIIm_ for h ... d "' .... ..,.. on the Proporly. Ii\d loti tw.'d "" ... 111<0 covorage on "" Property .. roqo,wod by P •• ,.sph 5 abo.. II -"'d 10 bo sallsflod to the _ IhIt tho roqo,wod co_ago IS prOVIdocl by thtt Own... Aasoctatoon poliCY I _ II'VO Lonclor prompl nottc. of any I~,. In the requwed hazard I"",anee coverage I shall prOVide I copy of luch m __ or .. I .... t poliCY 10 Lender ..... '.lIy ID04tI 101.111""" A411J OHD OF lInJ5T· .... DJ I!lIWUI.U w. • --... 00175&4031 In the _ of a cUtnbuIIon of heurd 1lSU'1nC. procwcls .. I.... of reotonllcn or ,_ loIIowIng I los. to the Praper1y. -., to the uM ot to CQIrIIgt .omon'-. lIlY pr.....-PI~ 10 me or. ,..."., .... gned ond _ be ..... to ~ 101' __ to the s..... Stc:wed by "'" Security Inltrurnont. WIllI ony excess ..... "'- I _ Ilk. such _ • ...., be rasonoble to .,..... _ the Owrw. A II C g •• etn tnaII'rtIN' • pua.c IubtIrty InlUf'lnCe polICY KClptible to lender In form. """""" ond .xtent of ~ a I _ no\. exc.pt after notice to Londr ond WIIh londer'o pnor wntt.n ........ _ pa-1Ibon or ... _ the P'rcpertv or __ 10 ., ... _ ... it or twn._ of the -teet. """apt for _ ... rt or tall._. reqLOred by _ .. ... ... of "'100,l1li __ by In or _ ~ or n ....... of condIImaIoon. ....... dantM'I or oIw p_Ni.'" tIIung.. W "1 .i.di.wnt to "'t pta: _on of ~ Doc4 ..... -.. the .,..-. IS for the • .",.. benef,l of L_ or of ..... ~y~ W teiiiaabon of prof~ "".lIn'" and ... ........ of _ II. " ._ of the 0...-. ""-or V;j ony ICIaon ....... -.aid _ the off. of r_ .ou the __ or _ -"d ............ poIocv _or the piIIIac IoIbaIaty ............ .,.,..... 11 •• _ by ... Owrw. A"OCI.boh .....,.,.-to L.- 25 FUTUIE /VlllAIfCES At &orr_I .....-. L_. II do opbon IIouI befor. r..... of ... s.c..m, __ or ... , .. r __ ace of the Property doscnbed n the Seamy -.....0 ...., _ fuIure _on.... Willa ontoroot. 10 Borrower Such 1uU. -.ceo. WIllI ___ then be _ s..... _ ..-\lois S.cunty Inotn-.t 2S NIl alI'S ABOUT ~ IDGtITS IF TIE ifiQj en t IS SOlD OR ..... suL ..... oIIiISIi"~1 ~ F; ~~~:"':; port of or of .., roghl .. ... Property. IS eoIoI or ...... r.a. ed __ ..-1 pnor ~ L_ ...., IIIIV. It ... opIaon. _" .... • • .,.,...... 1ft ,.. If Bono .. _ .. not • NIbnI ~son Ir1d , bII.~ .. twest 1ft 8cwiOWW ttl .eel or ...., .... WIfIDut ......... pnor WI'ltt8n "Ii sa LA. tlo .. wtr~ L ... P\aI not ....... ,.. • II __ .. lui ,f .. IS prchbIIed b, __ Law .. efloct on the _ 0' ... SecwaIy __ If L_ ... _ the opbon 10 req.>r ............. ".,,, •• 1 .. ,... L_ woI _ .. _ of I ....... " I 'OIl to pay 011 s.mo 5_ by ... 5ecuIIy __ "" ' t.ev. L ....... r-r Ihen 01' ..... tt. l"NOke ." r"""" pee n.ltad b, ow s-nty ___ ,.,.. -.:e to or _ on me If the_or ., Borrower. If Borroww IS not I P..-.on.. .. one 10 OCCU" aftar the date of tht, s-oty __ L_ woI not ........ the oploon to __ at. paynwot .. full of an am. Secured ond the loon IIIIV bo ........ d .f !II Lender r....... • con.,leted ""'tten appIocatoon from If_for •• to evlkllta the cndrtwor ..... of tranaf ..... If a MW foal w ... bang mid. to the ~ .... by~. Cal Lendir approves .. c:recMworlhneSi of the tra"l.f ..... In Wf'1 .... lilt trIM'''''' mattS a cash downpayment sufficient to meet L....... thin .... rllll underwntong _da. M an.......,uon fee. ,n .. _ to bo dotlirnOO>8el by landr !but not to "'_ 1" of the _. of p...,..".. ond lItor.51 duo .... tho Secured Notes at tho moe of .... or tr_for of the Proporly or of tho ntre51 Wi the Borrower' II paid to ~.ond ill the If .... f.... executa. .. MUnpbon •• omont wh,ch IS At,a'octory to L_ .• ucto ... __ ... ment prO¥Odong for transfor.. op ... ng • dopo.~ ICCOVIt with Lender. or with • b'" or ,.vlr"Ig' Ind loan which has been approved bV Lend .... for ""et payment a. prov,ded on tho ...... ed not .. SOO4lJ .," "11-'" ""I( DUO Oil' fPlUST-ADJ !IIWUJCLY !'.,. to WA • --C> .... C> ,-- . .~' 00176&4031 '!he loin may be ulUll'lOc:l ........ Its INn O'1S1Ing term. and condtllons _ ..... ....... _ the I.If_ Am C'f' ...., be cNngod '!he Lltoe... Rate c.p _ b. ~ to ........ st r. _ II the sum Qf 1ho _.st r. ,n offect "" the _ of • _ or ..... tor of the PI operty or bonof",'" _est II Borroww ~ 5 percontoge ~ 'f tNt ..... 0''-tho I.Jfotmo RIoto Cap .-II the SOCU'od Notoo 'D SU1ST11\II"1ON CW TRUSTEE I ",,"" flit L_ may II .. 1m. _tnt • oucce •• or ......... and thIt /'orton _ b_ 1ho TrumIe under the Secunty Instnrnom .. 'f ongonally _ .. Truotoo 21 RIGIfTS Off 11E LEMlER If neE IS A IIREACIf Of' DUTY It .... be CIIIod • "I ... ach of Duty" If III I do nol pay the lUI _ of each biweekly pawrIWII on." _ ~ to '*" or I'. I f. to perform .., of ..... pr_ or ..... ,. __ the _ or In s.unty ~ or .. .., __ nollt'-II my IFfilc ... an for ... 10M was "...... , .... or m I I IIIG or If My aut. ... " In my 'FF~' ~,"I for In '-' _ -.oily _ or ..-.. by _ of ..... otnIQG'I of cortItn 'octo, or INI I _ modo .. _ IbllS,,_" to ~ II _._bon _ 11 .. loin _ .. n_..., ,.... or tn.,ln ... If there " • _ of DIlly by ..,., ~ mIV ..... 1ft .f •• ' .. ~ of .. SImI seared If there II • __ of Dutt by -. 1ho L_ ...." toile _ to haw. the Pr~ told .......... IF' II Feder .. Low. No Of" r.-and. _. -., Low .. not IpI 1'-...-........ of the ._ wItore the I'roportJ IS toe",*,-which WIll be cMIed .... \pp'''' Uw- ~ dolo not _ to .,.. _ 00_ of • Broach of Duty ..... _ .. reqund by "fFl tI, ~ If L __ not "'*" • __ for lui ...,-........ Broach of Dutp, ~ ...." "'*" • __ for lui "--' ...... .., __ of Duty If _ .... __ of Duty, ~ ...., olio .... _ to _ • __ IIIP a l!tad ..... .. '~Il '$ *'" L.w tD coIect rents from .., tBnMts on the Prcperty and to JnII'IIIII .. PI party no. cc.on to IFFJOInI • recervw rna, be tIken vnI10ut pnor _ to _ and ,_ 01_ of ......... of the Ptopor1y '!he .. of the Proptrty ..., be pO$tp«ood by or II ............. of l_ ooa:.pt .. _ or pi ", .. hid by .... Appllcoble low If the Property IS IuId _ .... """""_ '--. I __ It may be _ 1ft one pon:eI I __ .,. ~ mey add to tho ..-.... I owe to L_ .. IeiJII f.... cool-. 010"_ and ____ -...I ... reNt of the _ to .... the PI~. except to "'e ext.m thIII the ;'~p'c""ls Law lImrtt or prohtbtta 10, such chrga londor wtl apply the pr_ from tho .... of tho Properly ., the fullowlng ardor fA) to .. ,.... ........ and _ ........ Od .. c:omocbOn _ ......... tneIucItng ......-. ond -..yo' f_ It .... to .. SUns S.and by II .. S8cw1Iy lnstnInont, end (Q .. y ....... to the P.....", or Por8on. Iegolly onIrIIed to It 29. RECONVEYANCE _ ~ .... _ plOd .. """,unls duo IOldor the Secured No'" ..... under ,.,. S ..... rty __ Londor WII _" Trus ... '0 reconwy 1ho Pr~ _ woll doh ........ Soco.nIy Ins1nlmont and the SocMOd No'" '0 T.....-Tno,'" will reconvey 1ho Properly WI1hcvt _ ••• y to .... Portonl., l,gaIIy .. ~tIed to It Such Porsonlll Win poy .. cotto tne:urrad by lender ar TruelH ,.I_D to 1he do....." of tho s.CiKItd Not •• ond the Searrty In.trument. 1ho reconvevonco and tU recordation 30 ST A TEIItIEHT OF OBLIGA T10H To the .. toni oIowad by low. I will ,,"V, Lender • f.. for furmshtng ony _t of obi""",," wdh roopoct to .... S.c .... rty InsIrumont or Iho Secured No." 31. USE OF PIIOPERTY I WIll no' _ 1he property for agncull...-al, ttmber 0< grl.tng purpo ... sou. IDI 01 '''1-. AoMI. DrtD OF TMJST·AOJ I!IIWnI(L'r P ... , 1 WA ... ... .... '" ... ... ... ~ ... "" ... ·co .... ... 0017664031 32. QIJ/(It QUALIFYING LOAN PROGRAM I "-quaIIf'ed for .. '-' by .... ong _.mtonI8 of fact _ w". r_ upon by Londor to """' ........ loan ropodly n-. loon ,. called I "OI.oct au.ofyong LC*I- I ""'" .-ond I conform 1Ioot !AI I do not .... ..., 0_ Ouocft Qulllofyong Loane wrth Londor. l1li I '-._ to not h6Uw anewnber the Propoorty ond do not _ to hor1Ioer ....-the l'Ioporty for .. I_t so. months liter .... datto of the S..-ed Not.. and ... Seco¥oty Innunont. ond (0 'f , 1m pur""-'IJ the Property. II of the t ...... of the ~ .. .--..ned to Lendor ore true ond the ""'" doWn ~ IS __ from my own fu>do " ..., of the obit ,_ of hct tho! , hive II1Idoo or. _ty ,.... or ~ I WII be .. de,... _ the Seand _. _ .. Seco.roty Inotn.mtnt " I ... go -. cIef_ lIrdIr "",. .. da optocn. __ the __ rote IIId morgon .... JKI to the Lor-AIIIo Ctp ......, .. III. _0<1 Notes 33 ~ OCCUPANCY Londor lOll r_ ...... lbil." .. oII of foct whoch I ..... ..-to quoIofy for 1Ivo Ioen I ..... ......, ond """""" 1hot !AI .... Property IS my POi _iii _ PMWY r I, _ .. , _ """"" the Property not la_ thin 30 doIto after .. Secwntt __ " recotde4 _ IQ I _ .... the Propwty .. my reudllnc. far at _ 12 ..-fram the _ .. s-oty .............. IS recorded If .., of Ihe ._,,_ of fact thIt I hive ..-ore ..-..., ,.... or ","Ild "'" I WII be ft ..,... _ the Secuod -.. _ .. 5ecuroty ~ " I om n IUdt deI_ Londor ..,. ".011 optoon. __ the __ .... _ mor.,. "')eCI to the ~ Rate C. ......, n the Secured No ... THIS SPACE INTSfTIONALLY LEFT BlANf(; SIGNATURE PAGe FOLLOWS. sao..L 1 1t11), .If,"'" "tiM! one Of TMT-AOJ etwUkLT ~ .. 12 WA • --co .... C> ... - 0017664031 BY SIGHING BELOW. I """"PI IIld ... to tho promt ... _ 091' __ ccntIIned m thli Stoclrlty "'_ ond In ony ndorIfj SIgned by me ond .-.corded .. pr_ off ..... r_ IPL.EASE SIGN YOUR NAME EXACTLY AS IT APPEARS BELOW! b } CSeoll ISuO A"ACt! INDIVIOUAl NOTARY ACKNOWLEDGEMENT IUS NOTAIIY ONlY) AS A SEl'ARATE PAGE TO THIS DOCUMENT ono 0' TIIUSl· ... OJ IIIMPLY Pell_ 13 ci U WA • --c:> STA TB OF WASlllNGTON COUNTYOF KING I "rIllY ..... I _ .. "VI -r-rr OVJdcna: .... t DIANE L. KAMPHAUS AND ID.!IRY .. KAMPHAUS JIIvI>!be _wbo .......... bef.". .... and....t _ 1C~1h .. ......... • oped ..... ,_ .... ocIcnowIedJed rt .. 1>0 -"'1_lIee and voluDIary'" (or!be ....... d....,.... meatJoned sa tins IDlbUmtl11t DItOd '1lrlo~ I -. , , 'I . , . . . I *, • I ,.II "" ... ' ., ... I. " •• 1".11".~ , """ J IllES .... ,. • • ,,-"""J -~ -........ " LPB·ll • • • -- WORLD SAVWGS EX H I BIT "A" LEGAL DESCAlPnON LOAN NO. __ .::OO='76=s.40="-3''--___ _ AU ntAT CERTAN IlEAL F RQF Gen 5rTUA'IED IN THE COlI\ITY OF It I N9 STATE OF lJASIflN8TON •••• " • DESCRIBED AS FOlLOWS Tract ) ... ~ BLACk LOAM rIVe ~[. 'IiU\CTS. accordl.ng to the plat thereof recorded In VoltJM& 12 of Plats, pilg. 101. In lUng couney. W4ah.t.ngton CIo Su:.uate In tbe County of Klng, St.:t~. of Wa..:hl.ngton .... .... ..... ... "UOAl to: 15 (101/1.01) It)oc WA Printed: 01-04-2007 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA07 -002 01/04/200710:59 AM Receipt Number: R0700031 Total Payment: 1,000.00 Payee: CONNER HOMES COMPANY 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 #56522 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 000.05.519.90.42.1 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 JAN·