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LUA-07-016_Report 1
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' ' ' ' 0 g ~ 0 z ' _____J~ l ~ ~ ~ C ~ ii: j, ~ le~ ~ ll\ ; '" ~ a.. ~ ~I' ~ ~ ;E i3 ::;: C E.r ', ~';' !I ~~ ,, :a:~ ~,I :;"is §9 aQ ~~ :ii"' ~~ ~o .'.':,i' ~~ ,o ~r 0 ' ' ! ~ ' • ' 3 t! "' :,, .. 1i, [! ~~ 2: 5J, !J;~ iS ~~; ~i ~::,·t! ~~ ,:~:l :5e §~! i: ?;~ !i !ii ii ' 1 , 11~ '.;~ ; ;] ~; r~ ~J; ', G'": u ~; ':,c, u 30 c'~ 1-. " ;-"$ ~~ ~J [:; ~; 22 '.'.~ ,, ~~ "" ~·~ :'.i a; ~s .:l:[g u ,":~ )''° ::P'; i~ [;c i ;g u.. ~ ~ z t ~ ~ i; ~ 0 z z ~2 ~ 0 ~)Ii 2 ' ~ e ' " ! c ' ' C ' t ! ' i ' ! 2 > , , r.n C) )> r r.i • "' 0 0 .,~,7 l,Q,J"?<'51"[ (~---- • ! • UIIEN:XII PL E ~AAW..5.E. • • + + ··i- r-- 1 I 3 . I ' + ~ -~ -+ ;:: ::::: 0 7 w 0 .,, -.J >--1 I~ -1 HIGHLANDS PARK SHEET 4 OF 7 LUA-XX-XXX-PP A Cl,JRT,O\J o:--HE S[ 1 /4 o:-THE NW 1/""-, S:C::C 14, TWf-' 2J N., "'(GC. :, t., WM, LND-XX-XXX c1-~· or Ri-NTON, '\ING COJ\JTY, WASH!NGl'.}\J l~O OF F [~CE 13 I l'-, I I ,. ~-,,,or .. NC. ' I 'I ,I ,-"N:'.t ~ • 5' S 0' 5· VBr I >RO> UNE ~88\l<'<CJ"W I 10""-GI -- " I ~ .'-FEM;, i', O<' 'i " oe ~,o~ .1N, J-I '" " I '" l~~~ I I ~ ___J I I -----" ~ " 0 I ~ .. \ I I I .. ~ t--~~~~ z I ~ z 0 u ~I I " ~ 0 :t: l<IE 1ST ST ~ <-+ + ~ ~ 00 ,\_ / -1 \ 00 ~ + 00 ~ 00 'f.· -- rn;,r·· '"" I •- • • . ~ ·1 ;--. '" • I • I ~ f . I ' .. • ----r~~j_ -J -. I ~I~~-. ~-~~r~1-I , I , I • t~~. ~~ 41 ~ I .. SEE SHEET 6 FOR CONil'.'>IL:ATJQJ\" LEGEND 1:11 SU S:ANCA~C t 1v Of 11lN<C~ CC!hC•l-E ~ONU"[Nl IS ~A~l AS SHOW'l S:T I /2" X 24" QF"'lAR W/YF"I J OW "L ASTIC (A 0 STAMPE~ "LCRl ;/~!,~" >•JIJNJ C.:OHNCH '-'?~~~lNT AC NOTED S[l Ts{K I~ l[AO W/5~IN[< "J755S" CN FROl'rfiT'r NF" r.T;knm < 7'., f"[[T ,, urn 0' FRO~--~-coo~rns LN.CSS ~orrn 01Hrn~1s:. ~llv C· HlchlON S"Rlcll "-DDRCSS r~,v~1t J~~,~•vt c~,c~c~r CITY (F REHON $1JEWA.< EA$EMESI SEE SIDE\'IALK OSE~Ef. T NUTE Of. ONT .l L jj l ,· = 40' SCALE: '¢-~~-~t:s;:. '··~·-,· (.,,,;;,,;i -lo~~l L~¢" cORE ~DESIGN 14711 N.E.29mPlS.,,,,, !DI B•n.>11+, W"'h""'l<Wl 98007 .dlS.885.7877 F<>~ 415.885.7963 fNGINfERING f'LANNING SURYfYING JOB NO. O:LO:L9 HIGHLANDS PARK /' .. ''Ofs ·1~iN er fHC. s:. 1/'-UF THE NW 1/4, SEC:. 14, TW;:,. 23 \J., RGE '.5 E., W.fJ., :.;IIY '.JF RENTO\J, KING C:)JNU, WASlllf..GTON SHEET 5 OF 7 LUA.-XX-XXX-FP LND-X.X-XXX ~l:.N~~-·: C ?' ~ "'r ~"~;011~ G'.tl 5. I ~ ~Et~. "2~";.".~s I NM'04'40"W ·.., I 6' '18, / I QF PROl'.~ORNL', I rcscE 1J x j i; H. sec 1s J.s' ~ ()I-~HUS. LISC I SAAe '" I J I "' I ,. I I ~ I I 0 ~ < 0 e; + ~ 0 u ~ r 0 ~ C ~ 1/l ~ ;J~ 7 I ·~~ ., I " o.Y ,~J""i I VC PHU/ I UN[ " I " I " " " I I 1- ME 15T ST + + +· I I I I " + ~1, 81"' H,~~C ~~"~t,is . /.-2 _s ;<1; ~oRNrn / C· PN8~'"J'2C"l'I ~ ', ,,,,,-[ Fl:N(T •S J.~· N.--, OF PRClP. ,·Nf \ ~~('.J.2_ TRACT ~95 ' -~ ' ' I / ,, I I / ,, i ,, 1 J --~. ~ i I t-I I I ' ""' CW'CS ,-~ -----l__ I W 3 ~Jg'"· x Off.·~-fTNCf CJRNCP. IS I --~· --. --t---' --~ y or PROP.CORNtR , _/ ,.,· 'I ur 0R8" I I ' ~ -------•1 MP."!', ~l-11'/ 15210N, ' " I '° I I FT~cc .co~NER '" ~Ix c·,-;<1-·x,::,.7 07 iij oc··sccp<rP / I H ''I[ _,/ I I I Ml _, 52 'CSD.0_' re,,:, ~ I.EGEND sn ~T~N)ARO r.1TY or RrN"ot-. r,oMm-rr 1,!QNI_M[N' I~ CAS[ AS S'l0""'1 SEl • /," X ;>4" REBAf, "/•OcLO~ P_~, r.AP STA>,l'm "(.OOF" ,7s~~- cr..1,r. rn,,rn MON,J>.,rNT .~ ~O"TO SE-TACS I~ .CA~ \",'/S~"ER "J7555" J~ PROPERT¥ LINE EX'CNOD 1. 75 'EE-,, LIW Of '"~ONT LOl CORNER5 ~NLE$$ No-:o Q~-<EOW1$E (.ITY l)F RENTON >TRCE" t.GDRl',·, P'<IVATr 'JRAINAGf rASrM'Nl L !Y JRUS LINE "' I ~ J'J. '.> OF ';: Sf'.l'. SHL!,:"J' 7 FOR C:ONTINCATION cORE ~DESJGN SCALE; 1" 40' 1471 I N.E. :,911, Pl. Su/no 101 S•llo""", Wmk.,glon 98007 425.Bfjj.7877 Fax 425.885.796'3 r.,n OF RCNTOS SICF"IIAL.: rASC~EST ST ,10:WALK 'ASft.![NT ,ore 0~ ,w ~ fNGINfER/NG Pt ANNING SURVEYING Dl'!Rl'S, JOB NO. 0::1..0:l..9 + • ~ I HIGHLANDS PARK A f-'O"''l·'.)N (JC lhC. ':::: 1/.1. ur THE :..;1 rY OF RENTO'i. ~~ .. 10 I s ~-,__ .~ T ~ -r~ .J J. 1 I 1 ,1 • : , I , I , L I I I . I I <•25.CO l,,B~"l4'' .•.JB.01 I I I I .. ----;--- + T l TRACT 9~7 ,- ___J 1U' eJ~CC SOUN.) ~(;"lR AN.) LI~• 'cA>~t,lcN- RiC so 800~0,cso, .?•9~ S.E. 2ND PL • ·;1, ~; NW 1 /'-, ~,EC. 14, TWP. 73 N., RGF. 5 E., W.M., .-;1r,c C:J,H~TY. WASHING-'.""J'j 1 I SF:E SHEET 4 FOR CONTJ)lt:ATIOK '" " I • f I " ' ' \ + -1 I SB8"C,' JJ"N ~lJ <' "' SHEET 6 OF 7 LUA-XX-XXX-FP T.ND-XX-XXX l:c ~.··· j_:__ i I i + -1 I I I L '" I « I Jj z l 0 I ~ < ~ z ~ z .... " 0 SCALE: 1" = 40' u -1 I "' " C " ' • " " " '- " " '- LEGEND lfj SET STANOA•J CITY oc RE' TON co,cRF"Tr ~c,uME"T IN ~ASE AS $SOWN 5E" '/1" ~ 1!" R:BAR W/YE .. OW ~1 A~J;C ~Ae ~[At.-·~~ "L:Qf<C 0'000" 0 fQJSL: ~,,,,c~ tJONJtJ,N I A~ NOTE[ SE" TACK LS .EAJ h'/S-< NCR -~,5~<." Jf, PR/lPERT~ LINE CXCs("•ED 4 ,S FF'T N LIEU Of" ''lONT LOT CO'lf,[RS ,1~, res NO"EJ 01-IE'l'/aSE C•TY or R[S"ON STREET ,n:rnr~, r,1~>Tf :-R~IN~Gr EASEMENT C, r• o> ~l~ 'ON ;10EcWALK EA,EM[NT SC[ SIDCll'A"' CASE~E~T ~oc c~ S~l cORE ~DESIGN 1'1711 N.E. 2911, Pl wfho 10! s.11o ...... w~""' 98007 425.885.7877 F,u 4'15.8SS.796J ENGINEERING · PlANN/NG SURVEYING .IOB NQ_ 0.::1..0:1..9 HIGHLANDS PARK A ::ir:RT r,\ CF THE 3E 1 /4 OF THF 'JW 1 /4. SEC 14, TWP. 23 N., "Gl. t:, Cl fY OF RE\JTC~,, KI\J:-: COl.•rv. WASlll\lGTOI\ I " I ",. I " L I I I ~~··· ·· 1 ~ '-'-i~· ·~ ~ ~ ---"'~~'~·~ / I I I I I I "' " • < ·1 l, ',',i.M, 8KE SHEET 5 FOR CONTINUATION 2.'J' "· X O a' w , -·-fNCE CDHNCR I~ / rrncr CUN ER 15 QC f'H0,·.~1.)RSES / "1' ~ Jo "!l~o -• y N~B"J,tm·w 15 :,_50Nl I, F"[hCE CORNER IS ]YSC',-P',()P ·" • _ _/" 6~"/ // ""-:so OF 'cN:[ S 3.>' s. Ql- "R~f'. LINl SHEET 7 OF 7 LUA-XX:-X:XX-FP LND-XX-XXX I I I I I I I .. .. I '" ./ .1 ··~ -~ ~- I I . • .. I .. ..r I J I I l I I • . ~-ff _I " + + ~ 1 i ' I I + + ~ I M M ~ 00 M I· M . 00 I • I • LEGEND $ $E-$1MDARD CITY o• R".N:o~ CONCRETE ~~·~Jt,1[~T IN ~ASE AS SHOWI< ~r-1/l" X 1A" REBA, w.:v:LLCW r'_Asnc CAF S-A..,PU "CJHE .)/;:~;" FOIJNC 1/2" RtaMa W/Yc._.O'h' ~LA<nc CAP STA'>!P[J "CJl1[ 37C~O", E<CcPT AS ~OTfD 0HE"'MS£ ~,1 TAC< IN LE~D w/s~,u ·37~50· GS ~~OPORTY USE E<"[NJD < 75 Fft-IS LIEJ o, rno, T LOT CORNERS J"LE$5 ~OlEO OT~E~"'s.E ~ T' C' RENTON ~lHffT MJO'lFSS P'l1W,TF ~RANASF FASD.F~T C:,Tv ()C RF~rns 'Sl"lf"WALK E~S[~ENT SEE 'c·DEWALK E>5E~:NT NOT;: Oh S•I" • • L Ji l SCALE: 1" = 40' "' • j ,,u ~';fi' S.E. 2ND PL + " " 1: \___ f[NCE co~s[S ON P,oP LINE ~~/ •'., ..•• ,:§;: ·.·•.• Gi,'·· l~ .IA,\~ .~ .. :~~_,";.~~~i; ~., ~~ r~ I I " ' . .,,,. -f,c,~,~- ,-,~cc ~oR~t.., 1~_!i/ . 7'S OF" PROP ll~F J cORE ~DESIGN ~ i i !4711 N.E 1911> rt. 5...rr,, 101 S.1'-vuo, W"'11Jngk>n 96007 425.118.5.7877 fa~ ~2S.68.5.7963 ENGINEE/llNG • PLANNING SU/1VEYING JOB NO. O:LO:L9 !P ' . 'l i !,r ht!,1, : it 111; ' ' I I ~, ' I i ' ' ' ~ s ' ' I I .~~ri.:o, " e,...,eETUoa I 1 .11 "'MU! i , ii ~~~ fij~ ~ , _ir -~~' !;jj.' <,i ~ .. , i'it<J ~ ~~ ~!~ ~ 1, I ~ ~ d Ji~ ;it ~ . Ii O 1 '~~ ~~ ~~~ ~ l t - ~~ ~:t 't ·~~~ !~ ~~ i o;l ~~ ,,,,-.i: ~ .. 'i! ~ ~ ' C !ll r~:,.;i:;;. o:i ,1~ ~t.i~i':/ A ii ;i e~L I.I) ' " l ~"~ ti'S 'i ii ij,_\--l 'ii ,, c:, )ii: i ,, . .,, ~ ~ ~~~ tl'J ''": ~ <,\ 1•1'·, :o !~§t'! ~ ~;;i~g~~ ~ "il'i' <,\ ' it I r.ITY OF RE:.\"TON V, " ,,. r HIGHL4NDS PARK COMPOSITE LANDSCAPE PLAl1l r r,, .---(~_ "' 0. Eu r, ,DL___:__-'==:'..__ _______________ _ " _,_J:-· Mgp\ewood Ne;ghborhood P o r k ~- L·------"'·>.l.~,-J.J,::::., -~.,__ or_ J A e.rT·t '--,,,r~~~::;:D _.f = .. ',j , -··; i-T . ~ "' · ' .. •Lo •I' "f. ')l < I ~Jc;,~~. ' ' · 1 ·-__ ;). ····-··-r· -+ -~. ----"-J .. ..: .. " }·····11 .~"-lM'-_·· -.,:· .. =·_ =~--~ . ~ " :i n---,-'",1 11 "I}_,~_:_·t--"~~- .. --Iii ; , !'·' \<Ol·i @! E-,\ I ,,., I·' · --· --.-... -· -... ,. '-f-:·~. -_.v_.,· ,'/--;,,,, ·:· • o ,,, ,, •a, " , ion.J,.; , "'- ; , : • ·• , · 1 • • 1 • 1 • 1 • · 1, 1 :T~, ---" 1 '·:;:-1:!= -~ I ,¥,,,, .. -~W-·{:, ~ j .. f ~ I ci' -' R I V ER \~. a J ,~cl~: 1 CE"DA -~ ,."! •1 ·-+-'.J."~"'---':•) ~ ___ _____,,..,___ ____ ., "' Jf. ,.,~: 4 §,,::~- -''"'~'~" r -1 FI V ~-; ~~-~ ~~ ~-·-~-.i. :.ri 0: . -• r,,, -ij_ F--· L'!i··1 r. NEIGHBORHOOD GET AIL MAP ! '~ ··--~ w; r---s I"' ... I• I~ _J.::J•t.:1-:._H ... ±:..l'l : iY, • ., t: ) · !" ~· 1 ,,,,,, _; .• S.E. 14ZND ST• ·~r...,, , ~1-~•t Md I ' ---,•G~nl"~I-~ /!,~ i~ ~-- 1' I· I, ,_T '•JJ :;;_:;r:;.,~ _ ....... "" • .,,.K'--'- IIIGHLAl'-JDS PARI< RE"lTON. WASHINGTON co~ DE::51""" INC. =INEERll-i'.:, • F'L-"""ll'l<:; -&(jf,!Yf':YING c.oRE NO Ok:11'3 oc;Toe,::R --4. 20::>5 21~; I" a 200' ·-~-Ji l, I "" ~ 1'· 1. 'r ..;., 1 I i" r -·~-"! A j Ci. ' [ !. ' -·'"'~"'~ "°'"'.U'_ '/~-~-~ ·--=--\,.~'~.~_,_~:::-_:__=~--r~.:::.=:-~=-~-=-~.:.":'"·-_j-~ ~~~:::: ::,:::,'~~ :~~~'.:.t .... T li~~~~~~=-1 .~to~~~~; ~rJ~~V~l~~ .. ,.,.e --· ~-~ --sr,_ . ----• WHEN RECORDED RETUR,"\/ TO: City Clerk's Office City of Renton 1055 S. Grndy Way Renton, WA. 98057 \1111111111111111 20090130007~!01 CITY OF RENTON 1COV PAGE-001 OF 03 0\/3012009 09;,!9 KING COUNTY, w @. Chicago Title Insurance Company 701 5th Avenue -Suite 3400 -Seattle Washin ton 98104 DOCUMENT TITLE(S) 1. Covenants, Conditions and Restrictions for Homeowners Association of Highlands Park. Document is being re-recorded to correct missing information. REFERENCE NUMBER(S) OF DOCU.VIENTS ASSIGNED OR RELEASED: D Additional numbers on page of document GRANTOR(S): I. Bumstead Construction Company D Additional names on page ____ of document GRANTEE(S): 1. Homeowners Association of Highlands Park D Additional names on page ____ of document ABBREVIATED LEGAL DESCRIPTIO!.\" Lot-Unit: Block: Volume: Page: Section: NW 14 Township: 23N Range: SE Plat Name: Highlands Park D Complete legal description on page __ or document ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(S): 1423059110, 1423059083, 1423059047 & 1423059118 D Additional tax account numbers On page ___ of document Portion: D (Check if applicable and sign below) I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36, 18.0l 0. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. JfZr k -~---4~-~--S-ign-at-u,-e--------~ This cover sheet is for the County Recorder's indexing purposes only. The Recorder will rely on the information -----pi'o-Yld~'6-n--the fui'f&.---Ttl.f;---;jtu{f n·m iiut :·'!;ad I.he tiu .. u111u1i. tu ,,~.-ify Hi~ ac1.:u1·ac,y ur compie1eness of 1iie indexing information provided herein. Return Address: CitY Clerk's Office City of Renton 1055 S, Grady Way Renton WA 98055 Pl . r ,· WASHINGTON STATE RECORDER'S Cover Sheet (Rew 65 0,1 .ea~i: print or ypc m orm.r. wn Document Title(s) (or transactions contained.therein): (all areas applic:ablc to your document must be filled in) f' ' // , . / ,.,,/ , . , . . 1.l;1ve,n,;-.·: /,;'' (,'ntLt .4c,·1 s: t' h<r>izct:. ;;. 0 ,, ( 3 . , 7 ' 4. . Reference Nuruber(s) of Documents assigned or released: Additional reference #'s on page __ of document Gra~s) (wtnam;,,1~. initiajs) . / / l. ~w,,c/y'a ( frn Ch,;,-rcn,;:v{;·.,,ThiA,a 2. J / - Additional names on page __ of document. Gra~e(s) u / ,?7/t( (Las~pame ~J?~ t'.he11 first 1.~e.., a_nd_ ini'.iab) / 1x.J,;1/t'•i \ v'J..JJJ'LLc .•. 2. -· .. ---~ Additional names: on page __ of docwnent. Legal description (abbreviated: i.e. lot, block, plat or section, township> range) ) /[/g) /,j ·?::; .-?1' ·-·- c;_ . ... Additional legal is on page __ of document. 7.;;3ssor's __ Prope~.J:jx§,arccl/1Jr"unt.~rn1h,}'r. D Assessor T~ #not yet ·1ned '5f)'i'c2il/J · C. IJ5(}!J)if; r J JcV;,9c;;/71 /-y;;?tx\$'7/1. The Auditor/Recorder will rely on the informatiou provided on the form. The staff will not read the document to verify the accuracv or comnleteness of the indexing inforr.iation provided herein. I am requestmg an emergency nonstandard recording for an additional fee as provided m RCW 36. I 8.010. I understand that the rt;.cording processing requirements may cover up or otherwise b u e,;0art o{ t!1e text of original document. -t-"1-r:J '. ' {}}{4 . .__.,/ 1 _____ Signature of Requesting Party // ;: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HOMEOWNERS ASSOCIATION OF HIGHLANDS PARK THIS DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR HIGHLANDS PARK ("Declaration") is made on the date hereinafter set forth by Bumstead Construction Company, ("Declarant"), who is the owner of certain land situated in the State of Washington, County of King, known as Highlands Park (hereinafter referred to as "Highlands Park"), which is more particularly described in Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein by this reference. In order to ensure preservation of the residential environment at Highlands Park, Declarant agrees and covenants that all land and improvements now existing or hereafter constructed thereon shall be held, sold, conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easements, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all of such lands and the owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties thereof and shall inure to the benefit of each owner thereof and to the benefit of the Highlands Park Homeowners' Association and shall otherwise in all respects be regarded as covenants running with the land. ARTICLE I DEFINITIONS For the purposes of the Declaration and the Articles of Incorporation and the Bylaws of The Homeowners Association of Highlands Park, certain words and phrases shall have particular meanings as follows: Section 1. "Association" shall mean and refer to THE HOMEOWNERS ASSOCIATION OF HIGHLANDS PARK, its successors and assigns. Section 2. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article X. For purposes of exercising the powers and duties assigned in this Declaration to the Board, this term shall also mean the Initial Board of Declarant, as provided in Article II, unless the language or context clearly indicates otherwise. Section 3. "Properties" subject to this Declaration shall mean and refer to the real property described with particularity in Exhibit "A" and shown on Exhibit "B", and such Other Parcels which may hereafter be brought within the jurisdiction of the Association. Section 4. "Owner" or "Lot Owner" shall mean and refer to record owner (whether one or more persons or entities) of a fee interest in any Lot, including the Declarant and participating Builders, but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. Section 5. "Common Areas" and "Common Maintenance Areas". Common Areas shall mean and refer to any of the real property (including the improvements thereon) owned by the Association for the common use and enjoyment of the members of the Association. Common Maintenance Areas shall mean those portions of all real property (including the improvements thereon) maintained by the Association for the benefit of the members of the Association. Section 6. "Lot" shall mean and refer to any plot of land, excluding tracts, as shown upon any recorded subdivision map of the Properties. Lot shall include the Residence located thereon. Section 7. "Declarant" shall mean BURNSTEAD CONSTRUCTION COMPANY, a Washington Corporation, and any of its successors and assigns who identifies itself as a successor declarant in a recorded instrument and who assumes all the obligations of HIGHLANDS PARK as declarant under the agreement. Section 8. "Architectural Control Committee" shall refer to the duly appointed or elected committee of the Board of Directors as outlined in Article XI of this Declaration, hereinafter referred to as the "Committee". Section 9. "Development Period" shall mean and refer to that period of time defined· in Article II of this Declaration. 0_ Section 10. "Plat" shall mean and refer to the Plat of Highlands Park as recorded on I 1'/2'-'0'. in the records of King County, State of Washington, under Recording No.Zpo!?o/o"leioib,;' Section 11. "Residence" shall mean and be limited to single family residences only occupying any Lot. Section 12. "Other Parcels" shall mean those parcels of land which may be added to the Properties. ARTICLE 11 DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT Section 1. Management by Declarant. "Development Period" shall mean that period of time from the date of recording the Declaration until (1) a date twenty (20) years from the date of recording this Declaration or (2) the thirtieth (30th) day after Declarant has transferred title to the purchasers of Lots representing 99 percent of the total voting power of all Owners as then constituted or (3) the date on which Declarant elects to permanently relinquish all of Declarant's authority under this Article II by written notice to all Owners, whichever date first occurs. Until termination of the Development Period, the Property shall be managed and the Association organized at the sole discretion of the Declarant. Section 2. Initial Board. Declarant may, in its sole discretion, and at such times as the Declarant deems appropriate, appoint three persons who may be Owners, or are representatives of corporate entities or other entities which are Owners, as an Initial Board. This Initial Board shall have full authority and all rights, responsibilities, privileges and duties to manage the Properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles and the Bylaws, provided that after selecting the Initial Board, the Declarant, in the exercise of its sole discretion, may at any time terminate the Initial Board and reassume its management authority under Article II or select a new Board under this section of Article II. Section 3. Notice to Owners. Not less than fourteen (14) nor more than sixty (60) days prior to the termination of the Development Period, the Declarant shall send written notice of the termination of the Development Period to the Owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association. Notwithstanding any provision of the Articles or Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the Owners of twenty (20) Lots shall constitute a quorum. The term "proxy" is defined as "the authority or power to act for another, in person, or by document giving such authority". In other words, an Owner may designate another individual to act on their behalf. The Board of Directors and Officers of the Association may be elected by a majority vote of said quorum. If a quorum shall not be present, the Development Period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Owners to provide for the operation of the Association. Section 4. Management of Properties During Development Period. Declarant, or a managing agent selected by the Declarant, and/or the Initial Board, shall have the power and authority to exercise all the rights, duties and functions of the Board of Directors and generally exercise all powers necessary to carry out the provisions of this Declaration. Section 5. Purpose of Development Period. These requirements and covenants are made to ensure that the Properties shall be adequately administered in the initial stages of development and to ensure an orderly transition to Association operations. Each Owner accepts this management authority in Declarant. Section 6. Expenditures During Development Period. During the Development Period, Declarant, or any agent of Declarant, shall have the sole discretion to use and consume all or so much of the dues paid in as in Declarant's judgment is necessary or expedient in maintaining the Common Maintenance Areas and carrying out the other functions of the Association. This includes, but is not limited to, any legal fees associated with Declarant, or any agent of Declarant carrying out any duties during the Development Period, including all costs associated with turning over the Association after the expiration of said Development Period. Upon termination of the Development Period, Declarant shall deliver any funds remaining to the Association. ARTICLE Ill EASEMENTS Section 1. Easements for Utilities. A private easement is hereby reserved for and granted to Puget Sound Energy Company, Qwest, Comcast, (other private utilities), and their respective successors and assigns, under and upon all private streets. alleyways or private drives, including the 20 foot private access and utility easement shown on lots 13 and 56, the 26 foot private access and utility easement shown on lot 11 and Tract 999, and the exterior ten (10) feet parallel with and adjoining the street frontage of all lots, tracts and common areas in which to install, lay, construct, renew, operate and maintain underground conduits, cables, pipe and wires with necessary facilities and other equipment for the purpose of serving this subdivision and other property with electric, telephone, gas television cable and other utility services together with the right to enter upon the lots, tracts and common areas at times for the purposes herein stated. Section 2. City of Renton Easements. The City of Renton shall have the right to enter the private drainage easements shown hereon to repair any deficiencies of the drainage facility in the event the owner(s) is/are negligent in the maintenance of the drainage facilities. These repairs shall be at the owner's cost. The 15-foot drainage easement shown on lot 73 is hereby reserved for and granted to the City of Renton for public storm drainage facilities. The City of Renton is hereby responsible for the maintenance of the public drainage facilities within said easement. The 20-foot drainage easement shown on lot 55 is hereby reserved for and granted to the City of Renton for public storm drainage facilities. The City of Renton is hereby responsible for the maintenance of the public drainage facilities within said easement. The 15-foot sanitary sewer easement shown on lot 55 is hereby reserved for and granted to the City of Renton for sanitary sewer facilities. The City of Renton is hereby responsible for the maintenance of the public sanitary sewer facilities within said easement. The 15-foot sanitary sewer easement shown on Tract 998 is hereby reserved for and granted to the City of Renton for public sanitary sewer facilities. The City of Renton is hereby responsible for the maintenance of the public sanitary sewer facilities within said easement. Section 3. King County Water District 90 Water Main Easement. The 20-foot water easement shown on Tract 998 is hereby reserved for and granted to King County Water District 90 for public water facilities. Said district is hereby responsible for the maintenance of the public water facilities within said easement. Section 4. Private Easements. The 5-foot private sanitary sewer and drainage easement shown on lot 1 is for the benefit of lot 10. The owners of said benefited lot shall be responsible for the maintenance of the private sanitary sewer and drainage facilities within said easement. The 10-foot private drainage easement shown on lots 1, 2 and 3 is for the benefit of lots 1, 2, 3 and 4. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 5, 6 and 7 is for the benefit of lots 5, 6, 7 and 8. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The private drainage easement shown on Tract 999 is for the benefit of lot 9. The owners of said benefited lot shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot by 13-foot private drainage easement shown on lot 11 is for the benefit of lot 12. The owners of said benefited lot shall be responsible for the maintenance of the private drainage facilities within said easement. The 5-foot private drainage easement shown on lots 12 and 13 is for the benefit of lots 12, 13 and 14. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 13, 15 and 16 is for the benefit of lots 12, 15, 16 and 18. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lot 18 is for the benefit of lots 17 and 18. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lot 19 is for the benefit of lots 19 and 20. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 21 and 22 is for the benefit of lots 21, 22 and 23. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 23, 24 and 25 is for the benefit of lots 23, 24, 25 and 26. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 26, 27 and 28 is for the benefit of lots 27, 28 and 29. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lot 32 is for the benefit of lot 30. The owners of said benefited lot shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 33, 34 and 35 is for the benefit of lots 32, 33 and 34. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 36 and 37 is for the benefit of lots 35, 36 and 37. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lot 39 is for the benefit of lot 38. The owners of said benefited lot shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 40, 41 and 42 is for the benefit of lots 39, 40, 41 and 42. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 42, 43 and 44 is for the benefit of lots 43, 44 and 45. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 45 and 46 is for the benefit of lots 46 and 47. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 48 and 49 is for the benefit of lots 48, 49 and 51. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lot 50 and 51 is for the benefit of lots 31 and 50. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 53, 54 and 56 is for the benefit of lots 52, 53 and 54. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 5-foot private drainage easement shown on lot 56 is for the benefit of lot 55. The owners of said benefited lot shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lot 58 is for the benefit of lot 57. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 59, 60, 61 and 62 is for the benefit of lots 58, 59, 60 and 61. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 63 and 64 is for the benefit of lots 62 and 63. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 65, 66 and 67 is for the benefit of lots 64, 65 and 66. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 68 and 69 is for the benefit of lots 67 and 68. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 70 and 71 is for the benefit of lots 69, 70 and 71. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot by 10-foot private drainage easement shown on Tract 997 is for the benefit of lot 72. The owners of said benefited lot shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 67, 68, 69, 70, 71, 72 and Tract 997 is for the benefit of lots 66, 67, 68, 69, 70, 71 and 72. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 5-foot private water easement shown on lots 56 and 57 is for the benefit of lots 55 and 56. The owners of said benefited lots shall be responsible for the maintenance of their private water facilities within said easement. The 5-foot private water easement shown on lot 15 is for the benefit of lot 14. The owners of said benefited lot shall be responsible for the maintenance of their private water facilities within said easement. The 5-foot private drainage easement shown on lot 12 is for the benefit of lot 13. The owners of said benefited lot shall be responsible for the maintenance of their private water facilities within said easement. The 20-foot private access and utility easement shown on lot 13 is for the benefit of lot 14. The owners of said lots 13 and 14 shall be responsible for their respective private utility facilities and share equally in the maintenance responsibilities of the access and utilities used in common with said easement. The 26-foot private access and utility easement shown on lot 11 and Tract 999 is for the benefit of lots 9 and 10. The owners of said lots 9 and 1 O shall be responsible for their respective private utility facilities and share equally in the maintenance responsibilities of the access and utilities used in common with said easement. The 20-foot private access and utility easement shown on lot 56 is for the benefit of lot 55. The owners of said lots 55 and 56 shall be responsible for their respective private utility facilities and share equally in the maintenance responsibilities of the access and utilities used in common with said easement. Section 5. Miscellaneous Easements and Restrictions. (i) No further subdivision of any Lot shall be allowed without resubmittal for formal plat procedure.; (ii) No Lot or portion of a Lot in the Plat shall be divided and sold or resold or ownership changed or transferred whereby the ownership of any portion of the Lot shall be less than the area required for the use district in which located.; (iii) Street trees have been planted by the Declarant. All street trees shall be owned and maintained by the abutting Lot Owners. The Association shall have the right to trim trees and all Owners hereby waive any and all objection to such trimming. No Owner may remove a street tree but shall notify the Association if the street tree appears diseased or dead.; (iv) The City of Renton shall be responsible for maintaining all rights-of-way within the Plat; (v) The Association shall establish and periodically update "Rules and Regulations" which shall apply to all Lot Owners within Highlands Park. Section 6. Access Easements. The Association and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the purposes stated below. Owners hereby grant to the Association, the Board, and the Declarant, and their individual agents, an express access easement for purposes of going upon the Lots of Owners for the following purposes: (i) The maintenance, repair, replacement, or improvement of any Common Maintenance Areas accessible from that Lot; (ii) Emergency repairs necessary to prevent damage to the Common Maintenance Areas or to another Lot or the improvements thereon; (iii) Cleaning, maintenance, repair, or restoration work which the Owner is required to do but has failed or refused to do; and (iv) The removal of Vehicles, goods, equipment, devices or other objects which are parked or stored in violation of the terms of this Declaration. Except in an emergency where advanced notice is not possible, these easements shall be exercised only after reasonable notice to the Owner. ARTICLE IV COMMON AREAS AND COMMON MAINTENANCE AREAS Section 1. Common Maintenance Areas. Common Maintenance Areas shall include those portions of all real property (including improvements thereon) maintained by the Association for the benefits of the members of the Association. The areas to be maintained by the Association are: Tracts 997, 998 and 999; including entry signage and landscaping including automatic irrigation system and entry lighting; and the mailbox stands located throughout the Properties. Maintenance of the automatic irrigation system shall include winterization of the system and start up in the spring. The Association shall have the right and the obligation to maintain the Common Maintenance Areas and shall pay the actual cost of the same from annual or special assessments as appropriate. Section 2. Alteration of the Common Areas and Common Maintenance Areas. Nothing shall be altered, or constructed in, or removed from the Common Areas or Common Maintenance Areas except upon prior written consent of the Association. Section 3. Dumping in Common Areas and Common Maintenance Areas. No trash, plant or grass clippings or other debris of any kind shall be dumped, deposited or placed on or within the Common Areas or Common Maintenance Areas. Section 4. Other Maintenance Costs for Association. In addition to maintaining the Common Areas and Common Maintenance Areas, the Association shall also be responsible for the payment of the electric bills incurred in connection with the operation of the streetlights within the Properties until the utility provider for the streetlights directly bills the individual Lot Owners. ARTICLE V TRACTS Section 1. Drainage Tract. Tract 996 is a storm detention tract and shall be owned and maintained by the Association. Section 2. Neighborhood Park. Tracts 998 and 999 contain a neighborhood park which is owned by the Association and is to be used only by the residents of Highlands Park and their invited guests. The park can be used between the hours of 8:00 am and 1 O:OOpm. Homeowners will bear financial responsibility for any damage or problems resulting from park use as well as routine maintenance costs. No use of the park shall be made which unreasonably interferes with the ability of the homeowners to enjoy their property. The Board will develop rules which will regulate use of the park. If owners, their relatives, invitees or guests breach the regulations of the Board governing park use, their privilege to use the park shall be revoked. Each individual owner covenants for itself, its heirs, successors, assigns and tenants, that is shall assume all risks associated with park use, including but not limited to the risk of property damage or personal injuries resulting from the use of the park and shall indemnify and hold harmless the Declarant, the Association and the Board of Directors of the Association from any liability, claims or expenses, including attorneys' fees arising from property damage or personal injuries resulting from the use of the park. ARTICLE VI MAINTENANCE OF THE COMMON MAINTENANCE AREAS AND SITES; DELEGATION OF MANAGEMENT Section 1. Responsibility for Maintaining Common Maintenance Areas. The Association is responsible for maintaining and preserving the character and function of areas designated on the face of the Plat and these covenants as Common Maintenance Areas. Common Maintenance Areas have been set aside for landscaping and community identification purposes and those areas are referred to in Article IV, Section 2 above. Section 2. Repair of Common Maintenance Areas. Any damage to Common Maintenance Areas or improvements thereon, including landscape plantings, sprinkler systems, fences, berms, etc., by the Owners or their children or guests shall be repaired by the Association and the Owner who caused the area to be damaged shall be responsible for reimbursing the Association all costs incurred by the Association for the repairs. The Owner shall be obliged to immediately remit funds for the repair to the Association. If the Owner fails to promptly make payment for such repairs, the Owner shall be charged interest at the rate of twelve (12%) percent per annum. Section 3. Management Each Owner expressly covenants that the Board and the Declarant, during the Development Period, may delegate all or any portion of their management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for maintenance and the operation of Common Maintenance Areas and any portion thereof. Any management agreement or employment agreement for the maintenance or management of the Common Maintenance Areas or any portion thereof shall be terminable by the Association without cause upon 90 days' written notice thereof; the term of any such agreement shall not exceed three (3) years, renewable by agreement of the parties for successive three (3) year periods. Each Owner is bound to observe the terms and conditions of any such management agreement or employment contract, all of which shall be made available for inspection by any Owner on request. Fees applicable to any such management, employment or service agreement shall be assessed to the Association or Owners. ARTICLE VII ASSESSMENTS Section 1. Creation of Lien and Personal Obligation. Each Owner of any Lot, by acceptance of a deed therefore, whether it shall be so expressed in each deed, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges; (2) special assessments for capital improvements; and (3) special assessments for legal fees and damages. If the Owner fails to timely pay assessments within thirty (30) days of the date specified by the Association, the annual and special assessments, together with any interest, costs and any reasonable attorneys' fees incurred to collect such assessments, shall be a lien on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with any interest, costs and reasonable attorneys' fees incurred in attempting to collect the assessment, shall also be the personal obligation of the person who is the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by them. The Association shall record such liens in the Office of the Snohomish County Auditor. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Properties and for the improvement and maintenance of the Common Maintenance Areas as provided in Article IV. Section 3. Annual Assessment. Annual assessments shall be levied equally on all Lots. The initial annual fee will be $425.00 per lot. Section 4. Computation. It sha II be the duty of the Board to prepare a budget covering the estimated costs of operating the Association during the coming year, which shall include a capital reserve. Within thirty (30) days after adoption by the Board of Directors of the budget, the Board shall set a date for a meeting of the members to consider ratification of the budget, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the budget. in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 5. Revised Budget. If the financial circumstances of the Association materially change during any year, the Board may prepare a revised budget for the balance of the year. Within thirty (30) days after adoption by the Board of Directors of the revised budget, the Board shall set a date for a meeting of the members to consider ratification of the revised budget, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the revised budget, in person or by proxy, the revised budget shall be ratified, whether or not a quorum is present. In the event the revised budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 6. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a common assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Maintenance Areas not provided by this Declaration, including fixtures and personal property related thereto. Within thirty (30) days after adoption by the Board of Directors of the special assessments for capital improvements, the Board shall set a date for a meeting of the members to consider ratification of the special assessment, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special assessment, in person or by proxy, the special assessment shall be ratified, whether or not a quorum is present. Section 7. Special Assessments for Legal Fees and Damages. In addition to the annual and special assessments authorized above, the Declarant, during the Development Period, or the Association may levy in any assessment year a special assessment for the purpose of defraying, in whole or in part, (1) the cost of legal fees and costs incurred in legal actions in which the Association is a party, (2) the cost of legal fees and costs incurred in any action in which a member of either the Board or Committee is named as a party as a result of a decision made or action performed while acting in behalf of the Association, or (3) any other reasonable expenses incurred by the Association. Within thirty (30) days after adoption by the Board of Directors of the special assessment for legal fees and damages, the Board shall set a date for a meeting of the members to consider ratification of the special assessment, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special assessment, in person or by proxy, the special assessment shall be ratified, whether or not a quorum is present. Section 8. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and must be collected on an annual basis. Section 9. Date of Commencement of Annual Assessment; Due Dates. The annual assessments described in this Article shall commence on January 1, 2009. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. After the Development Period expires, the Board of Directors shall fix the annual assessment. Written notice of the annual assessment shall be sent to every Owner subject to such assessments. The due date shall be established by the Board of Directors. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer or the administrator of the Association setting forth whether the Assessment on a specified Lot has been paid. Section 10. Effect of Non-Payment of Assessments; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest at the rate of twelve percent (12%) per annum. Each Owner hereby expressly vests in the Association or its agents the right and power to bring all actions against such Owner personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association and shall be for the benefit of the Association. The Association shall have the power to bid in an interest at foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for payment of all attorneys' fees incurred in collecting past due assessments or enforcing the terms of assessment liens (see Article XV, Section 4). No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Maintenance Areas or abandonment of his Lot. The Association shall have the right to suspend the voting rights of an Owner for any period during which any assessment against the Lot remains unpaid for a period not to exceed sixty (60) days for any infraction of the terms of either this Declaration, the Articles or the Bylaws of the Association. Section 11. Subordination of the Lien to Mortgage. The lien for assessment provided for in this Article shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale or transfer, however, shall relieve such Lot from liability for any assessments which thereafter become due or from the lien thereof. Section 12. Exempt Property. All property dedicated to and accepted by the City of Redmond shall be exempt from the assessments provided for in this Article. Section 13. Budget Deficits During Declarant Control. In the event there is a deficit between the actual operating expenses of the Association (but specifically not including an allocation for capital reserves), and the sum of the annual, special and specific assessments collected by the Association in any fiscal year, Declarant, or its members individually, may, in their sole discretion, contribute funds to the Association in order to satisfy the shortfall, or any portion thereof. ARTICLE VIII MAINTENANCE OF LOTS Section 1. Exterior Maintenance by Owner. Each Lot and Residence shall be maintained by the Owner in a neat, clean and sightly condition at all times and shall be kept free of accumulations of litter, junk, containers, equipment, building materials and other debris. All refuse shall be kept in sanitary containers sealed from the outlook of any Lot. The containers shall be emptied regularly and their contents disposed of off the Lot. No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost device (approved by the Committee) shall be permitted The Owners of each Lot shall maintain the lawn and landscaping on the Lot in a condition consistent with the maintenance standards of the Plat. This includes, but is not limited to, adequate watering, removing weeds, mowing, edging and fertilizing. This obligation to maintain landscaping extends into the public right-al- way along the front of the Lot. Lot Owners shall maintain any lawn and or plantings in the median strip between the sidewalk and edge of curb. Section 2. Parking of Vehicles; Storage of Goods, Equipment or Devices. There shall be no permanent and/or temporary storage of goods, Vehicles, as defined below, equipment, or devices permitted in open outlook from any Lot or right-of-way. The term "Vehicles" as used herein shall include. without limitation, automobiles, vans or trucks with or without business logo, campers, trucks, busses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters, go-carts, and any other towed or self-propelled transportation type vehicle. The term "Passenger Vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. The term "Commercial and Recreational Vehicles" as used herein shall include, without limitation, vans or trucks with business logos, campers, busses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters, and go-carts. The following restrictions apply: (i) Parking areas shall refer to the number of garage parking spaces. Garages are to be used for the parking of vehicles, not storage. Driveway areas in front of garages shall be considered parking areas for Passenger Vehicles only and only to the extent that sufficient parking spaces are not provided in the garage for all the Vehicles used by the Occupants of the Lot.; (ii) No Commercial and/or Recreational Vehicle shall be permitted on the driveway or any other portion of the Owner's Lot, except within a garage, however, Recreational Vehicles shall be allowed to park on the driveway for a maximum forty-eight (48) hour period, for the sole purpose of loading and unloading the Recreational Vehicle; (iii) No Passenger Vehicles shall be parked on any driveway or any other portion of an Owner's Lot if there is available parking within the garage; (iv) No Vehicles and/or Passenger Vehicles shall be parked overnight on any right- of-way adjoining any Lot; provided that vehicles belonging to guests may occasionally be parked during the day in the right-of-way adjoining a Lot.; (v) No Passenger Vehicles parked on the driveway may extend over the sidewalk and/or into the right-of-way.; and (vi) Owners who have visiting guests intending to stay may secure written permission from the Association for such guests to park their Vehicle upon the Lot owned by the Owner for a maximum period of one (1) week within a thirty (30)-day period. Such a privilege shall only exist, however, after the written permission has been obtained from the Association. The Association shall give an Owner a written notice of an improperly parked or stored Vehicle and/or improperly stored goods, equipment, or devices. The Owner shall have twenty-four (24) hours to remove said Vehicle and/or goods, equipment, or devices. If the Owner has not removed the said Vehicle within the required time period, the Association may have the Vehicle towed at the Owner's expense; fine the Owner $25 per day until the Vehicle is removed; and/or place a lien against the Owner's Lot. If the Owner has not removed the said goods, equipment, or devices, within the required time period, the Association may have the goods, equipment, or devices removed; fine the Owner $25 per day until the goods, equipment, or devices are removed, and/or place a lien against the Owner's Lot. Section 3. Lot Maintenance by the Association. In the event an Owner fails to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of the Highlands Park community, the Association shall, upon receipt of written complaint of any Owner, or upon its own initiative, and a subsequent investigation, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Association within fourteen (14) days after mailing of adequate notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Association shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by law. In the event that the estimated cost of such repair should exceed one-half of one percent of the assessed value of the Lot and improvements on that Lot, the Association shall be required to have the consent of fifty-one percent (51 %) of the Members before undertaking such repairs. ARTICLE IX HOMEOWNERS' ASSOCIATION Section 1. Non-Profit Corporation. The Association shall be a non-profit corporation under the laws of the State of Washington. The Association may be an unincorporated Association during the Development Period, unless the Declarant elects to incorporate the Association. Section 2. Membership. Every person or entity which is an Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot and shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the Transferee of title to the Lot. All Owners shall have the rights and duties specified in this Declaration, the Articles and the Bylaws of the Association. Section 3. Voting Rights. Owners, including the Declarant, shall be entitled to one vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that vote, but, in no event, shall more than one vote be cast with respect to any Lot, nor shall any vote be divided. The voting rights of any Owner may be suspended as provided for in this Declaration, the Articles and the Bylaws of the Association. Section 4. Meetings. Meetings shall be conducted in accord with the specifications set forth in the Bylaws of the Highlands Park Homeowners' Association. ARTICLE X MANAGEMENT BY THE BOARD Section 1. Enforcement of Declaration. The Board shall have the power to enforce the provisions of this Declaration and the rules and regulations of the Association for the benefit of the Association. The failure of any Owner to comply with the provisions of this Declaration or the rules and regulations of the Association will give rise to a cause of action in the Association (acting through the Board) and any aggrieved Owner for recovery of damages, or injunctive relief, or both. Section 2. Board of Directors. The number of Directors shall be set forth in the Bylaws. The Board of Directors shall be elected by the Owners in accordance with the Bylaws. All Board positions shall be open for election at the first annual meeting after termination of the Development Period. The terms of the Board are defined in the Bylaws. Section 3. Powers of the Board. All powers of the Board must be exercised in accordance with the specifications which are set forth in the Bylaws. The Board, for the benefit of all the Properties and the Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation, but not limitation: (i) Insurance. Obtain policies of general liability insurance. (ii) Legal and Accounting Services. Obtain legal and accounting services, if necessary, to the administration of Association affairs, administration of the Common Maintenance Areas, or the enforcement of this Declaration. (iii) Maintenance. Pay all costs of maintaining the Common Maintenance Areas. (iv) Maintenance of Lots. If necessary, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to (1) protect Common Maintenance Areas, or (2) to preserve the appearance and value of the Properties and/or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refused to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot for the cost of such maintenance. (v) Discharge of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the Properties or against the Common Maintenance Areas rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jointly and severally liable for the cost of discharging it and any costs or expenses, including reasonable attorneys' fees and costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot responsible to the extent of their responsibility. (vi) Utilities. Pay all utility charges attributable to Common Maintenance Areas. (vii) Security. Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots and Common Maintenance Areas constituting the residential community created on the Properties. (viii) Right to Contract. Have the right to contract maintenance, and capital improvements provided. contract shall be subject to Association approval. for all goods, services, However, such right of (ix) Improvement of Common Maintenance Areas. Improve the Common Maintenance Areas with capital improvements to such Common Maintenance Areas, subject to the terms of Article VII, Section 6. (x) Right of Entry. Enter any Lot or Residence when reasonably necessary in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot or Residence twenty-four (24) hours prior to such entry. Such entry must be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Board if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot). If the repairs or maintenance activities were necessitated by the Owner's neglect of the Lot, the cost of such repair or maintenance activity shall be specially assessed to that Lot. If the emergency or the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be assessed against the Owner of the other Lot. (xi) Promulgation of Rules. Adopt and publish rules and regulations governing the members and their guests and establish penalties for any infraction thereof. (xii) Declaration of Vacancies. Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three consecutive regular meetings of the Board. (xiii) Employment of Manager. Employ a manager, an independent contractor, or such other employee as the Board deems necessary and describe the duties of such employees. (xiv) Payment for Goods and Service. Pay for all goods and services required for the proper functioning of the Common Maintenance Areas. (xv) Impose Assessments. Impose annual and special assessments. (xvi) Bank Account. Open a bank account on behalf of the Association and designate the signatories required. (xvii) Easements. Execute any and all covenants, easements, or other necessary documentation relating to the use of Common Maintenance Areas. (xviii) Exercise of Powers, Duties and Authority. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing herein contained shall be construed to give the Board authority to conduct a business for profit on behalf of all the Owners or any of them. ARTICLE XI ARCHITECTURAL CONTROL Section 1. Architectural Control Committee ("Committee"). The Committee shall consist of not less than three (3) and not more than five (5) members. It is not a requirement that members of the Committee be (1) Owners or (2) members of the Association. During the Development Period, the Declarant may elect to exercise and perform the functions of the Committee. If the Declarant elects not to perform this function or at any time elects to no longer perform this function, the Declarant or the Board shall appoint the Committee to function as herein provided. After termination of the Development Period, the functions of the Committee shall be performed by the Board until such time as the Board shall appoint and designate the Committee. The Committee shall be appointed within one month of the election of the Board following the termination of the Development Period. Section 2. Jurisdiction and Purpose. The Committee, or Declarant if a Committee has not been appointed, shall review proposed plans and specifications for accessory structures, fences, walls, appurtenant recreational facilities other exterior structures to be placed upon the Lots or Properties. No exterior addition or structural alteration may be made until plans and specifications showing the nature, kind, shape, heights, materials and location of the proposed structure or alteration have been submitted to and approved, in writing, by the Committee. The Committee shall also review proposals to change the exterior color of residences in the community. The Committee shall determine whether the exterior design and location of the proposed structure, alteration, or color change harmonizes with the surrounding structures, surrounding natural and built environment, and aesthetic character of other residences in the Highlnds Park community Section 3. Membership. The Committee shall be designated by the Board. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obliged to fill a vacancy on the Committee unless the membership of the Committee numbers less than three (3) persons. Section 4. Designation of a Representative. The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee with respect to both ministerial matters and discretionary judgments. The recommendations of such individuals are subject to review by the entire Committee at the request of any member of the Committee. Section 5. Voting. Committee decisions shall be determined by a majority vote by the members of the Committee. Section 6. Submission of Plans and Specs. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting construction plans and specs which include, but are not limited to: a site plan, architectural, grading, lighting, and landscape plans. The plans and specifications should contain the following information: (i) Building elevations for all sides of the residence and/or accessory structures with reference to the existing and finished Lot grade. Include foundation, windows, garages, doorways, roof pitch, porches, decks, stairways; (ii) The elevation of the landscaping, retaining walls, and fences with reference to existing and finished Lot grade. Materials, colors, and textures under consideration must be indicated. For proposed fences, retaining walls and rockeries, show relationship to walls, fences, rockeries, and grades on adjacent Lots.; (iii) Drainage flows; (iv) Exterior finish materials, colors, and textures under consideration. Include roof.; (v) Landscape plan. Indicate species of plant material, size and height, and location.; and (vi) Other information which may be required in order to determine whether the standards in this Declaration and the Design Guidelines set forth and referenced to in Article XIII, Section 2, have been met. Section 7. Evaluating Development Proposals. The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. The Committee shall determine whether the external design, color, building materials, appearance, setbacks, height, configuration, and landscaping of the proposed structure harmonize with the various features of the natural and built environment, the aesthetic character of the other homes in the Highlands Park community, and any other factors which affect the desirability or suitability of a proposed structure or alteration. Section 8. Approval Procedures. Within thirty (30) days after the receipt of plans and specifications, the Committee shall approve or disapprove the proposed improvement. The Committee may decline to approve plans and specifications which. in its opinion, do not conform to restrictions articulated in this Declaration or to its aesthetic standards. The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall return the plans and specifications to the address shown on the plans and specifications. In the event no disapproval of such plans and specifications is given within thirty (30) days of submission, the plans and specifications shall be deemed to be approved by the Committee and construction pursuant to the plans and specifications may be commenced. This provision shall not apply to plans and specifications for homes which will be constructed by Declarant. Section 9. Compliance with Codes. In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The Committee has no responsibility for ensuring that plans and specifications which it reviews comply with relevant building and zoning requirements. No person on the Committee or acting on behalf of the Committee shall be held responsible for any defect in any plans or specifications which are approved by the Committee nor shall any member of the Committee or any person acting on behalf of the Committee be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee. Section 10. Variation. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to (1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the event the variation will not (1) place a detrimental impact on the overall appearance of the development, (2) impair the attractive development of the subdivision, or (3) adversely affect the character of nearby Lots or Common Maintenance Areas. Granting such a variation shall not constitute a waiver of the restrictions articulated in this Declaration. Variations shall only be granted in extraordinary circumstances. Section 11. Enforcement. In any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party's attorneys' fees, expert witness fees, and other costs incurred in connection with such a legal action or appeal (see Article XIV, Section 4). ARTICLE XII LAND USE RESTRICTIONS Section 1. Residential Restrictions. All Lots within the Properties shall be used solely for private single family residential purposes. Private single family Residences shall consist of no less than one Lot. Section 2. Property Use Restrictions No Lot shall be used in a fashion which unreasonably interferes with the Owner's right to use and enjoy their respective Lots or Common Maintenance Areas. The Board, the Committee designated by it, or the Declarant shall determine whether any given use of the Properties and/or Lot unreasonably interferes with those rights and such determinations shall be conclusive Section 3. Prohibition of Nuisances and Untidy Conditions. No noxious or offensive activity shall be conducted on any Lot or Common Maintenance Area nor shall anything be done or maintained on the Properties which may be or become an activity or condition which unreasonably interferes with the right of other Owners to use and enjoy any part of the Properties. No activity or condition shall be conducted or maintained on any part of the Properties which detract from the value of the Properties as a residential community. No untidy or unsightly condition shall be maintained on the Properties. Section 4. Fences, Walls & Shrubs. Fences, walls or shrubs are permitted to delineate the Lot lines of each Lot, subject to the approval of the Committee, unless they would interfere with easements reflected on the face of the Plat and/or other easements elsewhere recorded. Fences, walls or shrubs shall be subject to the Design Guidelines set forth and referenced to in Article XIII. Section 5. Temporary Structures for Residential Purposes. No structure of a temporary character or trailer, recreational vehicle, basement, tent, shack, garage, barn, or other out buildings shall be used on any Lot at any time as a Residence, either temporarily or permanently. No vehicles parked in public rights-of-way may be used temporarily or • • permanently for residential purposes. All such structures shall be removed at the expense of the Owner of the Lot on which the structure is located. Section 6. Mining. No oil drilling, oil development operations, oil refining, quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation of shafts be permitted on or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Section 7. Animals. No animals, other than dogs, cats, caged birds, tanked fish, and other conventional small household pets, may be kept on any Lot. Animals shall not be allowed to run at large. Animals shall be kept on a leash or otherwise confined in a manner acceptable to the Board whenever outside the dwelling. Lot Owners shall be responsible for the removal of their animal's waste wherever it is deposited within the Property. Dog runs and enclosures shall be kept clean and odor free at all times. Those pets which are permitted to roam free, or, in the sole discretion of the Board, make objectionable noise, endanger the health or safety of, or constitute a nuisance or inconvenience to the occupants of other Lot Owners, shall be removed on the Board's request. If the pet owner fails to honor such request, the Board may remove the pet. Pets shall be registered, licensed and inoculated as required by law. If an investigation of the Board indicates animals are kept in violation of this section, the Board shall give the Owner ten (10) days' written notice of the violation. Such violations must be remedied by the Owner within ten (10) days. Failure to comply with the written notice will result in a fine of $25 per day, plus late fees. The Association shall be entitled to attorneys' fees for any action taken to collect such fines in accordance with the provisions of Article XIV, Section 4. If an Owner violates provisions of th is section regarding pens and enclosures on more than two (2) occasions, the Board may require the Owner to remove such structure. Section 8. Delegation of Use and Responsibilities. Any Owner may delegate, in accordance with the Bylaws of the Highlands Park Homeowners' Association, his right of enjoyment of Common Maintenance Areas to members of his family, his tenants, or contract purchasers who reside on the property. In the event an Owner rents or leases his property, a copy of this Declaration, as well as any rules and regulations that may be adopted by the Association, shall be made available by the Owner to the prospective renter at the time of commitment to the rental agreement. Each Owner shall also be responsible for informing guests and service personnel of the contents of this Declaration, as well as any rules and regulations that may be adopted by the Association as they may relate to appropriate community behavior. Section 9. Trees and Outlooks. No trees, shrubs, or street trees, other than those retained by Declarant when clearing the Properties, shall be allowed to grow to a size which noticeably and unreasonably interferes with a outlook of significance from another residence. In the event an Owner claims a tree(s) and/or shrub(s) unreasonably interferes with the Owner's outlook of significance, the Owner shall notify the Association of such claim. The Board of Directors shall determine whether the outlook is of significance and whether there has been unreasonable interference with the outlook. Should the Board determine that there is an unreasonable interference, it shall notify the Owner of such tree or shrub in writing, • • specifying the nature of the interference, what should be done to eliminate the interference, and the time in which such action must be taken. Section 10. Protection of Trees. Owners shall not cut down street trees located within the Properties. Owners shall notify the Board of any dead or diseased tree located on their Lot and the Association shall determine if the tree should be removed. ARTICLE XIII BUILDING AND LANDSCAPING RESTRICTIONS Section 1. Plans and Specifications Must be Approved. Any Residence or temporary or permanent structure constructed in the Plat by a builder or Lot Owner other than Declarant, or its members individually, must have their plans and specs reviewed and approved by the Declarant, or Architectural Control Committee, if selected. Section 2. General Building and Landscaping Restrictions. The following general building and landscaping restrictions shall apply to the Declarant, builders and Lot Owners. Declarant has also established design guidelines which Declarant, builders and Lot Owners are subject to. The Design Guidelines are set forth in that document entitled Cavalero Ridge Design Guidelines. The Declarant, or Board of Directors after the Development Period, by majority vote, may change or modify tl1e general building and landscaping restrictions and the design guidelines to suit the needs of the Plat. (i) (ii) (iii) Landscaping. Landscaping screening, hedges, and trees shall not be planted on Lots in locations which will adversely impact the safe sight distance at driveways and street intersections, or which unreasonably interfere with outlook corridors of other Lot Owners. Trees shall not be grouped together in such a manner which unreasonably interferes with outlook corridors of other Lots. Yard art must be approved by the Architectural Control Committee. Dog Runs and Enclosures. Proposed dog runs and enclosures must be approved, in writing, prior to their construction by the Committee. All dog runs visible from the street, side, or rear yard of another Lot shall be fenced or screened with material approved by the Committee. Accessory Structures. Accessory structures to the Residence may be temporary or permanent and shall include, but not be limited to, spas, garden sheds, play equipment, tool sheds, doll houses, gazebos, sports courts, swimming pools, tents, air conditioning units, satellite dishes, and flag poles. The Committee shall have full authority to determine what constitutes an accessory structure and if it shall be allowed at all. All proposed accessory structures must be approved, in writing, prior to its installation and/or construction, by the Committee and by the Lot Owners who will be affected by the proposed structure. Accessory structures shall be subject to height restrictions, determined by the Committee. No accessory structures shall be located on the Lot in an area which unreasonably interferes with • • outlook corridors; the quiet enjoyment of adjoining or affected Lot Owners; or interferes with any retaining and/or keystone wall grids. (iv) Signs. No signs, billboards, or other advertising structure or device shall be displayed to the public outlook on any Lot, except one sign not to exceed four (4) square feet in area, may be placed on a Lot to offer the Lot for sale or rent. All such signs shall be of a quality equivalent to those used by Declarant. Furnished model homes may have more than one sign for advertising purposes. Signs may be used by the Declarant, or an agent of Declarant's, to advertise the Lots during the construction and sale period, however the signs must be located in areas which are not offensive to anyone. The Committee may cause any sign placed on any Lot or any portion of the Properties they feel are in violation of these restrictions to be removed or destroyed. (v) Sport Courts and Swimming Pools. Sport courts and swimming pools must be approved by the Committee. No outdoor lighting shall be allowed unless approved by the Committee. No outdoor activity, including, but not limited to, noise, sports playing, and/or music, shall continue the curfew time established by City Ordinance, if any; otherwise. as dictated by the Association. (vi) Utilities and Satellite Dishes. In compliance with 47 C.F.R. Section 1.4000, and any amendments or revisions thereto, "video antennas" as defined and specifically permitted in 47 C.F.R. Section 1.4000 (relating to allowing certain qualifying satellite dish antennas) are permitted except that no such device shall be located on any lot in a location that is visible from the adjoining streets and roadways, and shall not be located at the front elevation of the home. In the event that a lot Owner cannot locate a video antenna in a location that is not visible from the adjoining streets and roadways and it will unreasonably interfere with the reception or will impose unreasonable costs on the lot Owner, the lot Owner may locate the video antenna in an alternate location that allows for adequate reception and signal strength and while still minimizing the impact of the installation of the video antenna. All such antennas shall be properly screened. It is the lot Owner's responsibility to ensure that the video antenna is installed in the least obstrusive location on their lot. Lot Owners are encouraged, but not required, to submit a notice to the Architectural Control Committee ("Committee") identifying the type of video antenna to be installed and the location of the installation at least seven (7) days prior to the installation to allow the Committee time to review the location and determine whether an alternative, less obtrusive location can be used. In any event, a lot Owner chall notify the Committee after the installation of the video antenna to allow the Committee to review the placement of the video antenna. The Committee may (i) require additional screening and/or the painting of the video antenna to match the color of the home so long as such action does not unreasonable interfere with the signal strength or (ii) require the movement of the antenna if the Committee is able to determine that an alternative location may be used that is " . (vii) Fences. No fence or wall shall be permitted to extend nearer to any street than the minimum setback line, except that nothing shall prevent the erection of a necessary retaining wall. All fences must be approved by the Committee. All fences to be built shall be the same color and design as the fences constructed by the Declarant unless otherwise approved by the Committee. All fences shall comply with Renton City Codes as written now or hereafter amended. See attached exhibit "c", fence detail. Section 3. Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local governmental authority and written approval of such permits from the Board, Committee or the Declarant. The Committee must approve the plans for all construction or alteration proposals (see Article XI). Section 4. Codes. All construction shall conform to the requirements of the State of Washington codes (building, mechanical, electrical, plumbing) and local requirements required by Snohomish County in force at the commencement of the construction, including the latest revisions thereof. Section 5. Entry for Inspection. Any agent, officer or member of the Board, Committee, or the Declarant may, at any reasonable predetermined hour, upon 24 hours' notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above-recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created an easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections. ARTICLE XIV GENERAL PROVISIONS Section 1. Covenants Running with the Land. These covenants are to run with the land and be binding on all parties and persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time the covenants shall be automatically extended for successive periods of ten (1 O) years unless an instrument signed by a majority of the individuals then owning Lots has been recorded which reflects their intent to a mend the covenants in whole or in part. Section 2. Amendment. This Declaration and the Bylaws may be amended during the initial thirty (30) year period if fifty-one percent (51 %) of the members vote to amend particular provisions of either instrument. This Declaration may be amended during the Development Period by any instrument signed by both the Declarant and the Owners of at least fifty-one percent (51 %) of the Lots, including those owned by the Declarant. The provisions expressly referring to the Declarant may not be amended without the Declarant's approval. The Declarant may, unilaterally, during the Development Period, file for record an amendment to this Declaration legally describing the Other Parcels, as defined in Article XIV, Section 8. All amendments must be filed with the office of the King County Auditor. . ~ . Section 3. Enforcement. The Association, the Board, or any Owner shall have the right to enforce, by any legal proceeding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 4. Attorney's Fees. In the event that it is necessary to seek the services of an attorney in order to enforce any (1) provision of this Declaration or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be obliged to pay any attorneys' fees incurred. If the Owner fails to pay such fees within sixty (60) days, such fees shall become a lien against the Owner's lot. Section 5. Successors and Assigns. The covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns. Section 6. Severability. The invalidity of any one or more phrases, clauses, sentences, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part thereof. In the event that one or more of the phrases, clauses, sentences, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if the invalid phrase, clause, sentence, paragraph or section had not been inserted. Section 7. Rule Against Perpetuities. In the event that any provision or provisions of this Declaration violate the rule against perpetuities, such provision or provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving incorporator of the Association or twenty-one (21) years after the death of the last survivor of all the incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. Section 8. Failure of Board to Insist on Strict Performance No Waiver. The failure of the Board in any instance to insist upon the strict compliance with this Declaration or rules and regulations of the Association, or to exercise any right contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment for the future of any term, covenant, condition, or restriction. Section 9. Limitation of Liability. So long as a Director, Officer, or Declarant, acting on behalf of the Board or the Association, has acted in good faith, without willful or intentional misconduct, upon the basis of such actual information as is then possessed by such Person, then no such Person shall be personally liable to any Owner, or to any other Person, including the Association, for any damage, omission, error, or negligence of such Person; provided that this provision shall not apply to the extent the liability of such person for such act, omission, error, or negligence is covered by any insurance actually obtained by the Board. Section 10. Indemnification. Each Director, Officer, and Declarant shall be indemnified by the Association, against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which such person may be a party, or in which such person may become involved, by reason of holding or having held such position, or any settlement thereof, whether or not such person holds such position . . ... may be a party, or in which such person may become involved, by reason of holding or having held such position, or any settlement thereof, whether or not such person holds such position at the time such expenses or liabilities are incurred, except to the extent such expenses and liabilities are covered by insurance actually obtained by the Board and except in such cases wherein such Director or Declarant is adjudged guilty of willful misfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association. IN WITNESS WHEREOF, the undersigned, being ye Declarant herein, have hereunto set their hand(s) and seal(s) this,i?.:Y.f day of @w1-q , 2007. DECLARANT BURNSTEAD CONSTRUCTION COMPANY, a Washington corporation ~;~ STATE OF WASHINGTON ) ) ss. COUNTY OF K I N G ) On this c,2,3~ay of t)_,;Ja b a ;J, 2007, before me, the nder . ned, a noJa,-y public in and for the State of Washington, personally appeared , ~ « cfg , Jr of BURNSTEAD CONSTRUCTION COMPANY, a Washin on corpo tion, that executed the within and 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 on behalf of said corporation. WITNESS MY HAND AND OFFICIAL SEAL hereto ed the day and year first above written. NOT Y PUBLIC in and for the State ofW~ingat (Print Name) rl - My Commission Expires: d ..Z.S -l ( I •'. EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIPTION PARCEL A: LOT 1, KING COUNTY SHORT PLAT NUMBER 678063-R, RECORDED UNDER RECORDING NUMBER 7812110857. PARCEL B: ljjAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT NORTH 00'28'02" WEST A DISTANCE OF 30.00 FEET AND NORTH 88'55'44" WEST A DISTANCE OF 30.00 FEET FROM THE CENTER OF SAID SECTION 14; THENCE ALONG THE WESTERLY MARGIN OF THE AUGUST GERBER ROAD (156TH A VENUE SOUTHEAST) AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 1094241, NORTH 00'28'02" WEST A DISTANCE OF 472.53 FEET TO THE 1RUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; ljjENCE CONTINUING NORTH 00'28'02" WEST A DISTANCE OF 157.51 FEET; THENCE NORTH 89'01'16" WEST A DISTANCE OF 1248.07 FEET TO THE EAST UNE OF THE WEST 30.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG SAID EAST LINE SOUTH 00'33'02" EAST A DISTANCE OF 157.07 FEET; THENCE SOUTH 88'59'57" EAST A DISTANCE OF 1247.82 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS CONVEYED TO FRANKLIN T. TETER AND C. LENA TETER, HUSBAND AND WIFE, BY DEEDS RECORDED UNDER RECORDING NOS. 6400741 AND 6417877. PARCEL C: PARCEL A, CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA-06-052-LLA, HIGHLANDS PARK, RECORDED UNDER RECORDING NUMBER 20061011900002. IN KING COUNTY WASHINGTON. PARCEL D: LOT 4, KING COUNTY SHORT PLAT NUMBER 484106, RECORDED UNDER RECORDING NUMBER 8505170617. . ... ' .. I 1,:::r, 'N 1C ( ,o ('1' "' ' EXHIBIT "B" MAP OF PROPERTY r .. c.:~·1o·so"vi1 ·---- :,J .-rn ~--u ' D ~I 7 81 c, I ~\ I) ~,"'---- ~~-t,-r-J0~.0:-:l-l-:l-:T--:-:--:,;-_jN:',l8¥8~·0~4~'~4g0J"W~-r--r--r--,--.,--,--,c----,-~= \ ~1 I _ _'_4_j 15 16 17 'C, 1098.61 1800118 ~ 13 l 18 q 22 23 24 25 2.6 271 28 29 ~ n N' . ~i -~?-. L5 NE 1ST ST II lJi ,,,1 I I !!! I 3j I < .1:·, I ~ j I ·O __ j - 0 I I < :,: "' ----1 <li 4L' i I .36 35 .3C, I)! ·'' I 31 '"r --------' N .~~: 31 1l. -' -·-· ~ so 49 ~ 51 z :, TP 998 3 L ' , I L1 '''. 1'·1 N 52 "" I 5.3 ---I "' H 4."°J 46 s 54 0 SE 2ND ST 71 ss I ,·I ,,c i r,s 64 63 62 61 60 59 58 }__3 1_-2 rn 99 7 ~--t/"~ .... .....i--";-N;;;B,;;af·o;;-1 :-;. 3"i3l,, .. w:;;-~B;:2~J;""'..4;-;s,J..-l.._J_.J._.L_L.J.--,,,;f:,;:::.Jl:-i " -R=25.00 ;:::: ;i t'F88"24'17" "' f' 1 L=38.57 ~ g __ _J_) _ 249.83 z --------~-------- S.E. 2ND Pt. ~-· BEARING OISTNIC~ LINE L1 N88'02'D1 'W 152 0 12 L2 N00'29'11"E 177 ,·. L3 N88'04'08';W 152.00 L4 Noo·29·11 "E 59 71 LS N88"032D"W 158. uc, ~6 N00-29'09"E 127.45 I JD7. 43 N00"28' 39"E 5.28 --------------- FOW~D 1-1/2" BRASS W /PUNCH IN CONC. DN. 1.2' IN CASE (CITY OF RENTON NO 2105) HELD FOR CTR. SEC. / 8' g' "1 "' ~ < ~ "' !!! I ! l .... EXHIBIT "C" FENCE DETAIL Stain color-Parker "Woodlite" Semi-transparent (S-13) POST 2 X CAP ~J - lx4 1s.-· --.-..... ··-- '7 -~'7 ~ ' ~ .I : SI' I 1 -! EB t;, RAIL Fl=NC5 l:z:J,---2x4 CAF 2x6,--.J ~ lt----1,4 -4x4 po&r lx4---4/ •--lx4 ~ January 23, 2009 Ms. Tiffiny Brown Bumstead Constrnction Co. Director of Land Acquisition and Entitlement 11920 NE 24th Street Suite 200 Bellevue, WA 98005 CITY F RENTON Department of Community and Economic Development Alex Pietsch, Administrator SUBJECT: HIGHLANDS PARK FINAL PLAT-LUA07-016 FP PLAT COMPLETION AND ACCEPTANCE OF UTILITIES Dear Ms. Brown: The final inspection of the plat improvements has been completed and accepted. A I-year maintenance bond is now required in the amount of 10% of the total value of the sewer, stom1, street and street lighting improvements, as shown on the attached Cost Data Inventory form. A standard City of Renton maintenance bond fonn is also enclosed. The permit bond will be released upon receipt of the maintenance bond. Please let me know if you have any questions. Sincerely, Mike Dotson Engineering Specialist cc: Kayrcn Kittrick Lua 07-016 __ M_o_o_ 9 ·_oo_ 2 _.d_o, __ l 0_5_5_S_o-ut_h_G_r-ad_y_W-ay ___ R_e_n_to_n_. -'ll- 1 a-sh-i-ng_t_on-9-80_5_7 _______ -~ AHEAD OF THE CURVE ~ ThiS paper =r1tai11;; 50'/c, 1ecvclec rnaterial. 30% post consl1mer Return Address: · CitY Clerk's Office City of Renton 1055 S. Grady Way Renton WA 98055 I "t vV . 11111111111111111 20080109001256 CITY OF RENTON COV 72.00 PAGE001 OF 030 01/09/2008 IS:08 KING COUNTY, UA Pl""'''""''"''"'"m•Hoo WASHINGTON STA.TE RECORDER'S Cover Sheet (RCW6504) Documen1 Title(s) (or transactions contaiucd~erein): (all areas applicable to your document~ be filled in) ,' /' ' ' ,• ' Ii I / / , /_ / // . I / . fl ();/(/1.:l,'~ /.\ I c:,nd, r1c~rt s:· t (Z_X/J _·i7l(:..:__.:.·:'_ .:.'7.L!'c'.'L·c:·-.;'.._------------ 3. ' I , -~ 4. --------------'---- Reference Number(s) of Documents assigned or released: Additional reference #'son page __ of document Additional names on page __ of document. Gra~e(s) 1../W,h/ (Last,name first_, then fast pjrne a_nd :rii:ials) (/,r,c.0./('/tf c/Vd:;',,·/ . __ --'---------------- 2-~---~----------~------------~------- Additional names on page __ of document . Legat description {abbreviated: i.e. lot, block, plat or section, township, range) ---------~----------- A /" , // I ,-7 I'.; , /v1 lr/ -"L 22:? Additional leg;il is ou page __ of documo:nt. The Auditor/Recorder will rely on the information provided on the form. TI1e staff will not read the docwnent to verify the accura.cv or co~-teteness of the indexinc infomJ3.tion provided herein. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HOMEOWNERS ASSOCIATION OF HIGHLANDS PARK THIS DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR HIGHLANDS PARK ("Declaration") is made on the date hereinafter set forth by Bumstead Construction Company, ("Declarant"), who is the owner of certain land situated in the State of Washington, County of King, known as Highlands Park (hereinafter referred to as "Highlands Park"), which is more particularly described in Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein by this reference. In order to ensure preservation of the residential environment at Highlands Park, Declarant agrees and covenants that all land and improvements now existing or hereafter constructed thereon shall be held, sold, conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easements, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all of such lands and the owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties thereof and shall inure to the benefit of each owner thereof and to the benefit of the Highlands Park Homeowners' Association and shall otherwise in all respects be regarded as covenants running with the land. ARTICLE I DEFINITIONS For the purposes of the Declaration and the Articles of Incorporation and the Bylaws of The Homeowners Association of Highlands Park, certain words and phrases shall have particular meanings as follows: Section 1. "Association" shall mean and refer to THE HOMEOWNERS ASSOCIATION OF HIGHLANDS PARK, its successors and assigns. Section 2. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article X. For purposes of exercising the powers and duties assigned in this Declaration to the Board, this term shall also mean the Initial Board of Declarant, as provided in Article II, unless the language or context clearly indicates otherwise. Section 3. "Properties" subject to this Declaration shall mean and refer to the real property described with particularity in Exhibit "A" and shown on Exhibit "B", and such Other Parcels which may hereafter be brought within the jurisdiction of the Association. Section 4. "Owner" or "Lot Owner'' shall mean and refer to record owner (whether one or more persons or entities) of a fee interest in any Lot, including the Declarant and participating Builders, but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. Section 5. "Common Areas" and "Common Maintenance Areas". Common Areas shall mean and refer to any of the real property (including the improvements thereon) owned by the Association for the common use and enjoyment of the members of the Association. Common Maintenance Areas shall mean those portions of all real property (including the improvements thereon) maintained by the Association for the benefit of the members of the Association. Section 6. "Lot" shall mean and refer to any plot of land, excluding tracts, as shown upon any recorded subdivision map of the Properties. Lot shall include the Residence located thereon. Section 7. "Declarant" shall mean BURNSTEAD CONSTRUCTION COMPANY, a Washington Corporation, and any of its successors and assigns who identifies itself as a successor declarant in a recorded instrument and who assumes all the obligations of HIGHLANDS PARK as declarant under the agreement. Section 8. "Architectural Control Committee" shall refer to the duly appointed or elected committee of the Board of Directors as outlined in Article XI of this Declaration, hereinafter referred to as the "Committee". Section 9. "Development Period" shall mean and refer to that period of time defined in Article II of this Declaration. Section 10. "Plat" shall mean and refer to the Plat of Highlands Park as recorded on in the records of King County, State of Washington, under Recording No. ___ _ Section 11. "Residence" shall mean and be limited to single family residences only occupying any Lot. Section 12. "Other Parcels" shall mean those parcels of land which may be added to the Properties. ARTICLE II DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT Section 1. Management by Declarant. "Development Period" shall mean that period of time from the date of recording the Declaration until (1) a date twenty (20) years from the date of recording this Declaration or (2) the thirtieth (30th) day after Declarant has transferred title to the purchasers of Lots representing 99 percent of the total voting power of all Owners as then constituted or (3) the date on which Declarant elects to permanently relinquish all of Declarant's authority under this Article II by written notice to all Owners, whichever date first occurs. Until termination of the Development Period, the Property shall be managed and the Association organized at the sole discretion of the Declarant. Section 2. Initial Board. Declarant may, in its sole discretion, and at such times as the Declarant deems appropriate, appoint three persons who may be Owners, or are representatives of corporate entities or other entities which are Owners, as an Initial Board. This Initial Board shall have full authority and all rights, responsibilities, privileges and duties to manage the Properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles and the Bylaws, provided that after selecting the Initial Board, the Declarant, in the exercise of its sole discretion, may at any time terminate the Initial Board and reassume its management authority under Article II or select a new Board under this section of Article II. Section 3. Notice to Owners. Not less than fourteen (14) nor more than sixty (60) days prior to the termination of the Development Period, the Declarant shall send written notice of the termination of the Development Period to the Owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association. Notwithstanding any provision of the Articles or Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the Owners of twenty (20) Lots shall constitute a quorum. The term "proxy" is defined as "the authority or power to act for another, in person, or by document giving such authority". In other words, an Owner may designate another individual to act on their behalf. The Board of Directors and Officers of the Association may be elected by a majority vote of said quorum. If a quorum shall not be present, the Development Period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Owners to provide for the operation of the Association. Section 4. Management of Properties During Development Period. Declarant, or a managing agent selected by the Declarant, and/or the Initial Board, shall have the power and authority to exercise all the rights, duties and functions of the Board of Directors and generally exercise all powers necessary to carry out the provisions of this Declaration. Section 5. Purpose of Development Period. These requirements and covenants are made to ensure that the Properties shall be adequately administered in the initial stages of development and to ensure an orderly transition to Association operations. Each Owner accepts this management authority in Declarant. Section 6. Expenditures During Development Period. During the Development Period, Declarant, or any agent of Declarant, shall have the sole discretion to use and consume all or so much of the dues paid in as in Declarant's judgment is necessary or expedient in maintaining the Common Maintenance Areas and carrying out the other functions of the Association. This includes, but is not limited to, any legal fees associated with Declarant, or any agent of Declarant carrying out any duties during the Development Period, including all costs associated with turning over the Association after the expiration of said Development Period. Upon termination of the Development Period, Declarant shall deliver any funds remaining to the Association. ARTICLE Ill EASEMENTS Section 1. Easements for Utilities. A private easement is hereby reserved for and granted to Puget Sound Energy Company, Qwest, Comcast, (other private utilities), and their respective successors and assigns, under and upon all private streets, alleyways or private drives, including the 20 foot private access and utility easement shown on lots 13 and 56, the 26 foot private access and utility easement shown on lot 11 and Tract 999, and the exterior ten (10) feet parallel with and adjoining the street frontage of all lots, tracts and common areas in which to install, lay, construct, renew, operate and maintain underground conduits, cables, pipe and wires with necessary facilities and other equipment for the purpose of serving this subdivision and other property with electric, telephone, gas television cable and other utility services together with the right to enter upon the lots, tracts and common areas at times for the purposes herein stated. Section 2. City of Renton Easements. The City of Renton shall have the right to enter the private drainage easements shown hereon to repair any deficiencies of the drainage facility in the event the owner(s) is/are negligent in the maintenance of the drainage facilities. These repairs shall be at the owner's cost. The 15-foot drainage easement shown on lot 73 is hereby reserved for and granted to the City of Renton for public storm drainage facilities. The City of Renton is hereby responsible for the maintenance of the public drainage facilities within said easement. The 20-foot drainage easement shown on lot 55 is hereby reserved for and granted to the City of Renton for public storm drainage facilities. The City of Renton is hereby responsible for the maintenance of the public drainage facilities within said easement. The 15-foot sanitary sewer easement shown on lot 55 is hereby reserved for and granted to the City of Renton for sanitary sewer facilities. The City of Renton is hereby responsible for the maintenance of the public sanitary sewer facilities within said easement. The 15-foot sanitary sewer easement shown on Tract 998 is hereby reserved for and granted to the City of Renton for public sanitary sewer facilities. The City of Renton is hereby responsible for the maintenance of the public sanitary sewer facilities within said easement. Section 3. King County Water District 90 Water Main Easement. The 20-foot water easement shown on Tract 998 is hereby reserved for and granted to King County Water District 90 for public water facilities. Said district is hereby responsible for the maintenance of the public water facilities within said easement. Section 4. Private Easements. The 5-foot private sanitary sewer and drainage easement shown on lot 1 is for the benefit of lot 10. The owners of said benefited lot shall be responsible for the maintenance of the private sanitary sewer and drainage facilities within said easement. The 10-foot private drainage easement shown on lots 1, 2 and 3 is for the benefit of lots 1, 2, 3 and 4. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 5, 6 and 7 is for the benefit of lots 5, 6, 7 and 8. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The private drainage easement shown on Tract 999 is for the benefit of lot 9. The owners of said benefited lot shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot by 13-foot private drainage easement shown on lot 11 is for the benefit of lot 12. The owners of said benefited lot shall be responsible for the maintenance of the private drainage facilities within said easement. The 5-foot private drainage easement shown on lots 12 and 13 is for the benefit of lots 12, 13 and 14. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 13, 15 and 16 is for the benefit of lots 12, 15, 16 and 18. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lot 18 is for the benefit of lots 17 and 18. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lot 19 is for the benefit of lots 19 and 20. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 21 and 22 is for the benefit of lots 21, 22 and 23. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 23, 24 and 25 is for the benefit of lots 23, 24, 25 and 26. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 26, 27 and 28 is for the benefit of lots 27, 28 and 29. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lot 32 is for the benefit of lot 30. The owners of said benefited lot shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 33, 34 and 35 is for the benefit of lots 32, 33 and 34. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 36 and 37 is for the benefit of lots 35, 36 and 37. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lot 39 is for the benefit of lot 38. The owners of said benefited lot shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 40, 41 and 42 is for the benefit of lots 39, 40, 41 and 42. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 42, 43 and 44 is for the benefit of lots 43, 44 and 45. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 45 and 46 is for the benefit of lots 46 and 47. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 48 and 49 is for the benefit of lots 48, 49 and 51. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lot 50 and 51 is for the benefit of lots 31 and 50. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 53, 54 and 56 is for the benefit of lots 52, 53 and 54. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 5-foot private drainage easement shown on lot 56 is for the benefit of lot 55. The owners of said benefited lot shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lot 58 is for the benefit of lot 57. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 59, 60, 61 and 62 is for the benefit of lots 58, 59, 60 and 61. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 63 and 64 is for the benefit of lots 62 and 63. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 65, 66 and 67 is for the benefit of lots 64, 65 and 66. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 68 and 69 is for the benefit of lots 67 and 68. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 70 and 71 is for the benefit of lots 69, 70 and 71. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot by 10-foot private drainage easement shown on Tract 997 is for the benefit of lot 72. The owners of said benefited lot shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 67, 68, 69, 70, 71, 72 and Tract 997 is for the benefit of lots 66, 67, 68, 69, 70, 71 and 72. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 5-foot private water easement shown on lots 56 and 57 is for the benefit of lots 55 and 56. The owners of said benefited lots shall be responsible for the maintenance of their private water facilities within said easement. The 5-foot private water easement shown on lot 15 is for the benefit of lot 14. The owners of said benefited lot shall be responsible for the maintenance of their private water facilities within said easement. The 5-foot private drainage easement shown on lot 12 is for the benefit of lot 13. The owners of said benefited lot shall be responsible for the maintenance of their private water facilities within said easement. The 20-foot private access and utility easement shown on lot 13 is for the benefit of lot 14. The owners of said lots 13 and 14 shall be responsible for their respective private utility facilities and share equally in the maintenance responsibilities of the access and utilities used in common with said easement. The 26-foot private access and utility easement shown on lot 11 and Tract 999 is for the benefit of lots 9 and 10. The owners of said lots 9 and 1 O shall be responsible for their respective private utility facilities and share equally in the maintenance responsibilities of the access and utilities used in common with said easement. The 20-foot private access and utility easement shown on lot 56 is for the benefit of lot 55. The owners of said lots 55 and 56 shall be responsible for their respective private utility facilities and share equally in the maintenance responsibilities of the access and utilities used in common with said easement. Section 5. Miscellaneous Easements and Restrictions. (i) No further subdivision of any Lot shall be allowed without resubmittal for formal plat procedure.; (ii) No Lot or portion of a Lot in the Plat shall be divided and sold or resold or ownership changed or transferred whereby the ownership of any portion of the Lot shall be less than the area required for the use district in which located.; (iii) Street trees have been planted by the Declarant. All street trees shall be owned and maintained by the abutting Lot Owners. The Association shall have the right to trim trees and all Owners hereby waive any and all objection to such trimming. No Owner may remove a street tree but shall notify the Association if the street tree appears diseased or dead.; (iv) The City of Renton shall be responsible for maintaining all rights-of-way within the Plat; (v) The Association shall establish and periodically update "Rules and Regulations" which shall apply to all Lot Owners within Highlands Park. Section 6. Access Easements. The Association and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the purposes stated below. Owners hereby grant to the Association, the Board, and the Declarant, and their individual agents, an express access easement for purposes of going upon the Lots of Owners for the following purposes: (i) The maintenance, repair, replacement, or improvement of any Common Maintenance Areas accessible from that Lot; (ii) Emergency repairs necessary to prevent damage to the Common Maintenance Areas or to another Lot or the improvements thereon; (iii) Cleaning, maintenance, repair, or restoration work which the Owner is required to do but has failed or refused to do; and (iv) The removal of Vehicles, goods, equipment, devices or other objects which are parked or stored in violation of the terms of this Declaration. Except in an emergency where advanced notice is not possible, these easements shall be exercised only after reasonable notice to the Owner. ARTICLE IV COMMON AREAS AND COMMON MAINTENANCE AREAS Section 1. Common Maintenance Areas. Common Maintenance Areas shall include those portions of all real property (including improvements thereon) maintained by the Association for the benefits of the members of the Association. The areas to be maintained by the Association are: Tracts 997, 998 and 999; including entry signage and landscaping including automatic irrigation system and entry lighting; and the mailbox stands located throughout the Properties. Maintenance of the automatic irrigation system shall include winterization of the system and start up in the spring. The Association shall have the right and the obligation to maintain the Common Maintenance Areas and shall pay the actual cost of the same from annual or special assessments as appropriate. Section 2. Alteration of the Common Areas and Common Maintenance Areas. Nothing shall be altered, or constructed in, or removed from the Common Areas or Common Maintenance Areas except upon prior written consent of the Association. Section 3. Dumping in Common Areas and Common Maintenance Areas. No trash, plant or grass clippings or other debris of any kind shall be dumped, deposited or placed on or within the Common Areas or Common Maintenance Areas. Section 4. Other Maintenance Costs for Association. In addition to maintaining the Common Areas and Common Maintenance Areas, the Association shall also be responsible for the payment of the electric bills incurred in connection with the operation of the streetlights within the Properties until the utility provider for the streetlights directly bills the individual Lot Owners. ARTICLE V TRACTS Section 1. Drainage Tract. Tract 996 is a storm detention tract and shall be owned and maintained by the Association. Section 2. Neighborhood Park. Tracts 998 and 999 contain a neighborhood park which is owned by the Association and is to be used only by the residents of Highlands Park and their invited guests. The park can be used between the hours of 8:00 am and 10:00pm. Homeowners will bear financial responsibility for any damage or problems resulting from park use as well as routine maintenance costs. No use of the park shall be made which unreasonably interferes with the ability of the homeowners to enjoy their property. The Board will develop rules which will regulate use of the park. If owners, their relatives, invitees or guests breach the regulations of the Board governing park use, their privilege to use the park shall be revoked. Each individual owner covenants for itself, its heirs, successors, assigns and tenants, that is shall assume all risks associated with park use, including but not limited to the risk of property damage or personal injuries resulting from the use of the park and shall indemnify and hold harmless the Declarant, the Association and the Board of Directors of the Association from any liability, claims or expenses, including attorneys' fees arising from property damage or personal injuries resulting from the use of the park. ARTICLE VI MAINTENANCE OF THE COMMON MAINTENANCE AREAS AND SITES; DELEGATION OF MANAGEMENT Section 1. Responsibility for Maintaining Common Maintenance Areas. The Association is responsible for maintaining and preserving the character and function of areas designated on the face of the Plat and these covenants as Common Maintenance Areas. Common Maintenance Areas have been set aside for landscaping and community identification purposes and those areas are referred to in Article IV, Section 2 above. Section 2. Repair of Common Maintenance Areas. Any damage to Common Maintenance Areas or improvements thereon, including landscape plantings, sprinkler systems, fences, berms, etc., by the Owners or their children or guests shall be repaired by the Association and the Owner who caused the area to be damaged shall be responsible for reimbursing the Association all costs incurred by the Association for the repairs. The Owner shall be obliged to immediately remit funds for the repair to the Association. If the Owner fails to promptly make payment for such repairs, the Owner shall be charged interest at the rate of twelve (12%) percent per annum. Section 3. Management. Each Owner expressly covenants that the Board and the Declarant, during the Development Period, may delegate all or any portion of their management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for maintenance and the operation of Common Maintenance Areas and any portion thereof. Any management agreement or employment agreement for the maintenance or management of the Common Maintenance Areas or any portion thereof shall be terminable by the Association without cause upon 90 days' written notice thereof; the term of any such agreement shall not exceed three (3) years, renewable by agreement of the parties for successive three (3) year periods. Each Owner is bound to observe the terms and conditions of any such management agreement or employment contract, all of which shall be made available for inspection by any Owner on request. Fees applicable to any such management, employment or service agreement shall be assessed to the Association or Owners. ARTICLE VII ASSESSMENTS Section 1. Creation of Lien and Personal Obligation. Each Owner of any Lot, by acceptance of a deed therefore, whether it shall be so expressed in each deed, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges; (2) special assessments for capital improvements; and (3) special assessments for legal fees and damages. If the Owner fails to timely pay assessments within thirty (30) days of the date specified by the Association, the annual and special assessments, together with any interest, costs and any reasonable attorneys' fees incurred to collect such assessments, shall be a lien on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with any interest, costs and reasonable attorneys' fees incurred in attempting to collect the assessment, shall also be the personal obligation of the person who is the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by them. The Association shall record such liens in the Office of the Snohomish County Auditor. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Properties and for the improvement and maintenance of the Common Maintenance Areas as provided in Article IV. Section 3. Annual Assessment. Annual assessments shall be levied equally on all Lots. The initial annual fee will be $425.00 per lot. Section 4. Computation. It shall be the duty of the Board to prepare a budget covering the estimated costs of operating the Association during the coming year, which shall include a capital reserve. Within thirty (30) days after adoption by the Board of Directors of the budget, the Board shall set a date for a meeting of the members to consider ratification of the budget, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the budget, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 5. Revised Budget. If the financial circumstances of the Association materially change during any year, the Board may prepare a revised budget for the balance of the year. Within thirty (30) days after adoption by the Board of Directors of the revised budget, the Board shall set a date for a meeting of the members to consider ratification of the revised budget, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the revised budget, in person or by proxy, the revised budget shall be ratified, whether or not a quorum is present. In the event the revised budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 6. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a common assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Maintenance Areas not provided by this Declaration, including fixtures and personal property related thereto. Within thirty (30) days after adoption by the Board of Directors of the special assessments for capital improvements, the Board shall set a date for a meeting of the members to consider ratification of the special assessment, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special assessment, in person or by proxy, the special assessment shall be ratified, whether or not a quorum is present. Section 7. Special Assessments for Legal Fees and Damages. In addition to the annual and special assessments authorized above, the Declarant, during the Development Period, or the Association may levy in any assessment year a special assessment for the purpose of defraying, in whole or in part, (1) the cost of legal fees and costs incurred in legal actions in which the Association is a party, (2) the cost of legal fees and costs incurred in any action in which a member of either the Board or Committee is named as a party as a result of a decision made or action performed while acting in behalf of the Association, or (3) any other reasonable expenses incurred by the Association. Within thirty (30) days after adoption by the Board of Directors of the special assessment for legal fees and damages, the Board shall set a date for a meeting of the members to consider ratification of the special assessment, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special assessment, in person or by proxy, the special assessment shall be ratified, whether or not a quorum is present. Section 8. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and must be collected on an annual basis. Section 9. Date of Commencement of Annual Assessment; Due Dates. The annual assessments described in this Article shall commence on January 1, 2009. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. After the Development Period expires, the Board of Directors shall fix the annual assessment. Written notice of the annual assessment shall be sent to every Owner subject to such assessments. The due date shall be established by the Board of Directors. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer or the administrator of the Association setting forth whether the Assessment on a specified Lot has been paid. Section 10. Effect of Non-Payment of Assessments; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest at the rate of twelve percent (12%) per annum. Each Owner hereby expressly vests in the Association or its agents the right and power to bring all actions against such Owner personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association and shall be for the benefit of the Association. The Association shall have the power to bid in an interest at foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for payment of all attorneys' fees incurred in collecting past due assessments or enforcing the terms of assessment liens (see Article XV, Section 4). No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Maintenance Areas or abandonment of his Lot. The Association shall have the right to suspend the voting rights of an Owner for any period during which any assessment against the Lot remains unpaid for a period not to exceed sixty (60) days for any infraction of the terms of either this Declaration, the Articles or the Bylaws of the Association. Section 11. Subordination of the Lien to Mortgage. The lien for assessment provided for in this Article shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale or transfer, however, shall relieve such Lot from liability for any assessments which thereafter become due or from the lien thereof. Section 12. Exempt Property. All property dedicated to and accepted by the City of Redmond shall be exempt from the assessments provided for in this Article. Section 13. Budget Deficits During Declarant Control. In the event there is a deficit between the actual operating expenses of the Association (but specifically not including an allocation for capital reserves), and the sum of the annual, special and specific assessments collected by the Association in any fiscal year, Declarant, or its members individually, may, in their sole discretion, contribute funds to the Association in order to satisfy the shortfall, or any portion thereof. ARTICLE VIII MAINTENANCE OF LOTS Section 1. Exterior Maintenance by Owner. Each Lot and Residence shall be maintained by the Owner in a neat, clean and sightly condition at all times and shall be kept free of accumulations of litter, junk, containers, equipment, building materials and other debris. All refuse shall be kept in sanitary containers sealed from the outlook of any Lot. The containers shall be emptied regularly and their contents disposed of off the Lot. No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost device (approved by the Committee) shall be permitted. The Owners of each Lot shall maintain the lawn and landscaping on the Lot in a condition consistent with the maintenance standards of the Plat. This includes, but is not limited to, adequate watering, removing weeds, mowing, edging and fertilizing. This obligation to maintain landscaping extends into the public right-of- way along the front of the Lot. Lot Owners shall maintain any lawn and or plantings in the median strip between the sidewalk and edge of curb. Section 2. Parking of Vehicles: Storage of Goods, Equipment or Devices. There shall be no permanent and/or temporary storage of goods, Vehicles, as defined below, equipment, or devices permitted in open outlook from any Lot or right-of-way. The term "Vehicles" as used herein shall include, without limitation, automobiles, vans or trucks with or without business logo, campers, trucks, busses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters, go-carts, and any other towed or self-propelled transportation type vehicle. The term "Passenger Vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. The term "Commercial and Recreational Vehicles" as used herein shall include, without limitation, vans or trucks with business logos, campers, busses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters, and go-carts. The following restrictions apply: (i) Parking areas shall refer to the number of garage parking spaces. Garages are to be used for the parking of vehicles, not storage. Driveway areas in front of garages shall be considered parking areas for Passenger Vehicles only and only to the extent that sufficient parking spaces are not provided in the garage for all the Vehicles used by the Occupants of the Lot.; (ii) No Commercial and/or Recreational Vehicle shall be permitted on the driveway or any other portion of the Owner's Lot, except within a garage, however, Recreational Vehicles shall be allowed to park on the driveway for a maximum forty-eight (48) hour period, for the sole purpose of loading and unloading the Recreational Vehicle; (iii) No Passenger Vehicles shall be parked on any driveway or any other portion of an Owner's Lot if there is available parking within the garage; (iv) No Vehicles and/or Passenger Vehicles shall be parked overnight on any right- of-way adjoining any Lot; provided that vehicles belonging to guests may occasionally be parked during the day in the right-of-way adjoining a Lot.; (v) No Passenger Vehicles parked on the driveway may extend over the sidewalk and/or into the right-of-way.; and (vi) Owners who have visiting guests intending to stay may secure written permission from the Association for such guests to park their Vehicle upon the Lot owned by the Owner for a maximum period of one (1) week within a thirty (30)-day period. Such a privilege shall only exist, however, after the written permission has been obtained from the Association. The Association shall give an Owner a written notice of an improperly parked or stored Vehicle and/or improperly stored goods, equipment, or devices. The Owner shall have twenty-four (24) hours to remove said Vehicle and/or goods, equipment, or devices. If the Owner has not removed the said Vehicle within the required time period, the Association may have the Vehicle towed at the Owner's expense; fine the Owner $25 per day until the Vehicle is removed; and/or place a lien against the Owner's Lot. If the Owner has not removed the said goods, equipment, or devices, within the required time period, the Association may have the goods, equipment, or devices removed; fine the Owner $25 per day until the goods, equipment, or devices are removed, and/or place a lien against the Owner's Lot. Section 3. Lot Maintenance by the Association. In the event an Owner fails to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of the Highlands Park community, the Association shall, upon receipt of written complaint of any Owner, or upon its own initiative, and a subsequent investigation, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Association within fourteen (14) days after mailing of adequate notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Association shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by law. In the event that the estimated cost of such repair should exceed one-half of one percent of the assessed value of the Lot and improvements on that Lot, the Association shall be required to have the consent of fifty-one percent (51 %) of the Members before undertaking such repairs. ARTICLE IX HOMEOWNERS' ASSOCIATION Section 1. Non-Profit Corporation. The Association shall be a non-profit corporation under the laws of the State of Washington. The Association may be an unincorporated Association during the Development Period, unless the Declarant elects to incorporate the Association. Section 2. Membership. Every person or entity which is an Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot and shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the Transferee of title to the Lot. All Owners shall have the rights and duties specified in this Declaration, the Articles and the Bylaws of the Association. Section 3. Voting Rights. Owners, including the Declarant, shall be entitled to one vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that vote, but, in no event, shall more than one vote be cast with respect to any Lot, nor shall any vote be divided. The voting rights of any Owner may be suspended as provided for in this Declaration, the Articles and the Bylaws of the Association. Section 4. Meetings. Meetings shall be conducted in accord with the specifications set forth in the Bylaws of the Highlands Park Homeowners' Association. ARTICLE X MANAGEMENT BY THE BOARD Section 1. Enforcement of Declaration. The Board shall have the power to enforce the provisions of this Declaration and the rules and regulations of the Association for the benefit of the Association. The failure of any Owner to comply with the provisions of this Declaration or the rules and regulations of the Association will give rise to a cause of action in the Association (acting through the Board) and any aggrieved Owner for recovery of damages, or injunctive relief, or both. Section 2. Board of Directors. The number of Directors shall be set forth in the Bylaws. The Board of Directors shall be elected by the Owners in accordance with the Bylaws. All Board positions shall be open for election at the first annual meeting after termination of the Development Period. The terms of the Board are defined in the Bylaws. Section 3. Powers of the Board. All powers of the Board must be exercised in accordance with the specifications which are set forth in the Bylaws. The Board, for the benefit of all the Properties and the Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation, but not limitation: (i) Insurance. Obtain policies of general liability insurance. (ii) Legal and Accounting Services. Obtain legal and accounting services, if necessary, to the administration of Association affairs, administration of the Common Maintenance Areas, or the enforcement of this Declaration. (iii) Maintenance. Pay all costs of maintaining the Common Maintenance Areas. (iv) Maintenance of Lots. If necessary, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to (1) protect Common Maintenance Areas, or (2) to preserve the appearance and value of the Properties and/or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refused to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot for the cost of such maintenance. (v) Discharge of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the Properties or against the Common Maintenance Areas rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jointly and severally liable for the cost of discharging it and any costs or expenses, including reasonable attorneys' fees and costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot responsible to the extent of their responsibility. (vi) Utilities. Pay all utility charges attributable to Common Maintenance Areas. (vii) Security. Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots and Common Maintenance Areas constituting the residential community created on the Properties. (viii) Right to Contract. Have the right to contract maintenance, and capital improvements provided. contract shall be subject to Association approval. for all goods, services, However, such right of (ix) Improvement of Common Maintenance Areas. Improve the Common Maintenance Areas with capital improvements to such Common Maintenance Areas, subject to the terms of Article VII, Section 6. (x) Right of Entry. Enter any Lot or Residence when reasonably necessary in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot or Residence twenty-four (24) hours prior to such entry. Such entry must be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Board if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot). If the repairs or maintenance activities were necessitated by the Owner's neglect of the Lot, the cost of such repair or maintenance activity shall be specially assessed to that Lot. If the emergency or the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be assessed against the Owner of the other Lot. (xi) Promulgation of Rules. Adopt and publish rules and regulations governing the members and their guests and establish penalties for any infraction thereof. (xii) Declaration of Vacancies. Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three consecutive regular meetings of the Board. (xiii) Employment of Manager. Employ a manager, an independent contractor, or such other employee as the Board deems necessary and describe the duties of such employees. (xiv) Payment for Goods and Service. Pay for all goods and services required for the proper functioning of the Common Maintenance Areas. (xv) Impose Assessments. Impose annual and special assessments. (xvi) Bank Account. Open a bank account on behalf of the Association and designate the signatories required. (xvii) Easements. Execute any and all covenants, easements, or other necessary documentation relating to the use of Common Maintenance Areas. (xviii) Exercise of Powers. Duties and Authority. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing herein contained shall be construed to give the Board authority to conduct a business for profit on behalf of all the Owners or any of them. ARTICLE XI ARCHITECTURAL CONTROL Section 1. Architectural Control Committee /"Committee"}. The Committee shall consist of not less than three (3) and not more than five (5) members. It is not a requirement that members of the Committee be (1) Owners or (2) members of the Association. During the Development Period, the Declarant may elect to exercise and perform the functions of the Committee. If the Declarant elects not to perform this function or at any time elects to no longer perform this function, the Declarant or the Board shall appoint the Committee to function as herein provided. After termination of the Development Period, the functions of the Committee shall be performed by the Board until such time as the Board shall appoint and designate the Committee. The Committee shall be appointed within one month of the election of the Board following the termination of the Development Period. Section 2. Jurisdiction and Purpose. The Committee, or Declarant if a Committee has not been appointed, shall review proposed plans and specifications for accessory structures, fences, walls, appurtenant recreational facilities other exterior structures to be placed upon the Lots or Properties. No exterior addition or structural alteration may be made until plans and specifications showing the nature, kind, shape, heights, materials and location of the proposed structure or alteration have been submitted to and approved, in writing, by the Committee. The Committee shall also review proposals to change the exterior color of residences in the community. The Committee shall determine whether the exterior design and location of the proposed structure, alteration, or color change harmonizes with the surrounding structures, surrounding natural and built environment, and aesthetic character of other residences in the Highlnds Park community. Section 3. Membership. The Committee shall be designated by the Board. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obliged to fill a vacancy on the Committee unless the membership of the Committee numbers less than three (3) persons. Section 4. Designation of a Representative. The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee with respect to both ministerial matters and discretionary judgments. The recommendations of such individuals are subject to review by the entire Committee at the request of any member of the Committee. Section 5. Voting. Committee decisions shall be determined by a majority vote by the members of the Committee. Section 6. Submission of Plans and Specs. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting construction plans and specs which include, but are not limited to: a site plan, architectural, grading, lighting, and landscape plans. The plans and specifications should contain the following information: (i) Building elevations for all sides of the residence and/or accessory structures with reference to the existing and finished Lot grade. Include foundation, windows, garages, doorways, roof pitch, porches, decks, stairways; (ii) The elevation of the landscaping, retaining walls, and fences with reference to existing and finished Lot grade. Materials, colors, and textures under consideration must be indicated. For proposed fences, retaining walls and rockeries, show relationship to walls, fences, rockeries, and grades on adjacent Lots.; (iii) Drainage flows; (iv) Exterior finish materials, colors, and textures under consideration. Include roof.; (v) Landscape plan. Indicate species of plant material, size and height, and location.; and (vi) Other information which may be required in order to determine whether the standards in this Declaration and the Design Guidelines set forth and referenced to in Article XIII, Section 2, have been met. Section 7. Evaluating Development Proposals. The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. The Committee shall determine whether the external design, color, building materials, appearance, setbacks, height, configuration, and landscaping of the proposed structure harmonize with the various features of the natural and built environment, the aesthetic character of the other homes in the Highlands Park community, and any other factors which affect the desirability or suitability of a proposed structure or alteration. Section 8. Approval Procedures. Within thirty (30) days after the receipt of plans and specifications, the Committee shall approve or disapprove the proposed improvement. The Committee may decline to approve plans and specifications which, in its opinion, do not conform to restrictions articulated in this Declaration or to its aesthetic standards. The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall return the plans and specifications to the address shown on the plans and specifications. In the event no disapproval of such plans and specifications is given within thirty (30) days of submission, the plans and specifications shall be deemed to be approved by the Committee and construction pursuant to the plans and specifications may be commenced. This provision shall not apply to plans and specifications for homes which will be constructed by Declarant. Section 9. Compliance with Codes. In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The Committee has no responsibility for ensuring that plans and specifications which it reviews comply with relevant building and zoning requirements. No person on the Committee or acting on behalf of the Committee shall be held responsible for any defect in any plans or specifications which are approved by the Committee nor shall any member of the Committee or any person acting on behalf of the Committee be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee. Section 10. Variation. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to (1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the event the variation will not (1) place a detrimental impact on the overall appearance of the development, (2) impair the attractive development of the subdivision, or (3) adversely affect the character of nearby Lots or Common Maintenance Areas. Granting such a variation shall not constitute a waiver of the restrictions articulated in this Declaration. Variations shall only be granted in extraordinary circumstances. Section 11. Enforcement. In any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party's attorneys' fees, expert witness fees, and other costs incurred in connection with such a legal action or appeal (see Article XIV, Section 4). ARTICLE XII LAND USE RESTRICTIONS Section 1. Residential Restrictions. All Lots within the Properties shall be used solely for private single family residential purposes. Private single family Residences shall consist of no less than one Lot. Section 2. Property Use Restrictions. No Lot shall be used in a fashion which unreasonably interferes with the Owner's right to use and enjoy their respective Lots or Common Maintenance Areas. The Board, the Committee designated by it, or the Declarant shall determine whether any given use of the Properties and/or Lot unreasonably interferes with those rights and such determinations shall be conclusive. Section 3. Prohibition of Nuisances and Untidy Conditions. No noxious or offensive activity shall be conducted on any Lot or Common Maintenance Area nor shall anything be done or maintained on the Properties which may be or become an activity or condition which unreasonably interferes with the right of other Owners to use and enjoy any part of the Properties. No activity or condition shall be conducted or maintained on any part of the Properties which detract from the value of the Properties as a residential community. No untidy or unsightly condition shall be maintained on the Properties. Section 4. Fences. Walls & Shrubs. Fences, walls or shrubs are permitted to delineate the Lot lines of each Lot, subject to the approval of the Committee, unless they would interfere with easements reflected on the face of the Plat and/or other easements elsewhere recorded. Fences, walls or shrubs shall be subject to the Design Guidelines set forth and referenced to in Article XIII. Section 5. Temporary Structures for Residential Purposes. No structure of a temporary character or trailer, recreational vehicle, basement, tent, shack, garage, barn, or other out buildings shall be used on any Lot at any .time as a Residence, either temporarily or permanently. No vehicles parked in public rights-of-way may be used temporarily or permanently for residential purposes. All such structures shall be removed at the expense of the Owner of the Lot on which the structure is located. Section 6. Mining. No oil drilling, oil development operations, oil refining, quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation of shafts be permitted on or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Section 7. Animals. No animals, other than dogs, cats, caged birds, tanked fish, and other conventional small household pets, may be kept on any Lot. Animals shall not be allowed to run at large. Animals shall be kept on a leash or otherwise confined in a manner acceptable to the Board whenever outside the dwelling. Lot Owners shall be responsible for the removal of their animal's waste wherever it is deposited within the Property. Dog runs and enclosures shall be kept clean and odor free at all times. Those pets which are permitted to roam free, or, in the sole discretion of the Board, make objectionable noise, endanger the health or safety of, or constitute a nuisance or inconvenience to the occupants of other Lot Owners, shall be removed on the Board's request. If the pet owner fails to honor such request, the Board may remove the pet. Pets shall be registered, licensed and inoculated as required by law. If an investigation of the Board indicates animals are kept in violation of this section, the Board shall give the Owner ten (10) days' written notice of the violation. Such violations must be remedied by the Owner within ten (10) days. Failure to comply with the written notice will result in a fine of $25 per day, plus late fees. The Association shall be entitled to attorneys' fees for any action taken to collect such fines in accordance with the provisions of Article XIV, Section 4. If an Owner violates provisions of this section regarding pens and enclosures on more than two (2) occasions, the Board may require the Owner to remove such structure. Section 8. Delegation of Use and Responsibilities. Any Owner may delegate, in accordance with the Bylaws of the Highlands Park Homeowners' Association, his right of enjoyment of Common Maintenance Areas to members of his family, his tenants, or contract purchasers who reside on the property. In the event an Owner rents or leases his property, a copy of this Declaration, as well as any rules and regulations that may be adopted by the Association, shall be made available by the Owner to the prospective renter at the time of commitment to the rental agreement. Each Owner shall also be responsible for informing guests and service personnel of the contents of this Declaration, as well as any rules and regulations that may be adopted by the Association as they may relate to appropriate community behavior. Section 9. Trees and Outlooks. No trees, shrubs, or street trees, other than those retained by Declarant when clearing the Properties, shall be allowed to grow to a size which noticeably and unreasonably interferes with a outlook of significance from another residence. In the event an Owner claims a tree(s) and/or shrub(s) unreasonably interferes with the Owner's outlook of significance, the Owner shall notify the Association of such claim. The Board of Directors shall determine whether the outlook is of significance and whether there has been unreasonable interference with the outlook. Should the Board determine that there is an unreasonable interference, it shall notify the Owner of such tree or shrub in writing, specifying the nature of the interference, what should be done to eliminate the interference, and the time in which such action must be taken. Section 1 o. Protection of Trees. Owners shall not cut down street trees located within the Properties. Owners shall notify the Board of any dead or diseased tree located on their Lot and the Association shall determine if the tree should be removed. ARTICLE XIII BUILDING AND LANDSCAPING RESTRICTIONS Section 1. Plans and Specifications Must be Approved. Any Residence or temporary or permanent structure constructed in the Plat by a builder or Lot Owner other than Declarant, or its members individually, must have their plans and specs reviewed and approved by the Declarant, or Architectural Control Committee, if selected. Section 2. General Building and Landscaping Restrictions. The following general building and landscaping restrictions shall apply to the Declarant, builders and Lot Owners. Declarant has also established design guidelines which Declarant, builders and Lot Owners are subject to. The Design Guidelines are set forth in that document entitled Cavalero Ridge Design Guidelines. The Declarant, or Board of Directors after the Development Period, by majority vote, may change or modify the general building and landscaping restrictions and the design guidelines to suit the needs of the Plat. (i) (ii) (iii) Landscaping. Landscaping screening, hedges, and trees shall not be planted on Lots in locations which will adversely impact the safe sight distance at driveways and street intersections, or which unreasonably interfere with outlook corridors of other Lot Owners. Trees shall not be grouped together in such a manner which unreasonably interferes with outlook corridors of other Lots. Yard art must be approved by the Architectural Control Committee. Dog Runs and Enclosures. Proposed dog runs and enclosures must be approved, in writing, prior to their construction by the Committee. All dog runs visible from the street, side, or rear yard of another Lot shall be fenced or screened with material approved by the Committee. Accessory Structures. Accessory structures to the Residence may be temporary or permanent and shall include, but not be limited to, spas, garden sheds, play equipment, tool sheds, doll houses, gazebos. sports courts, swimming pools, tents, air conditioning units, satellite dishes, and flag poles. The Committee shall have full authority to determine what constitutes an accessory structure and if it shall be allowed at all. All proposed accessory structures must be approved, in writing, prior to its installation and/or construction, by the Committee and by the Lot Owners who will be affected by the proposed structure. Accessory structures shall be subject to height restrictions, determined by the Committee. No accessory structures shall be located on the Lot in an area which unreasonably interferes with outlook corridors; the quiet enjoyment of adjoining or affected Lot Owners; or interferes with any retaining and/or keystone wall grids. (iv) Signs. No signs, billboards, or other advertising structure or device shall be displayed to the public outlook on any Lot, except one sign not to exceed four (4) square feet in area, may be placed on a Lot to offer the Lot for sale or rent. All such signs shall be of a quality equivalent to those used by Declarant. Furnished model homes may have more than one sign for advertising purposes. Signs may be used by the Declarant, or an agent of Declarant's, to advertise the Lots during the construction and sale period, however the signs must be located in areas which are not offensive to anyone. The Committee may cause any sign placed on any Lot or any portion of the Properties they feel are in violation of these restrictions to be removed or destroyed. (v) Sport Courts and Swimming Pools. Sport courts and swimming pools must be approved by the Committee. No outdoor lighting shall be allowed unless approved by the Committee. No outdoor activity, including, but not limited to, noise, sports playing, and/or music, shall continue the curfew time established by City Ordinance, if any; otherwise, as dictated by the Association. (vi) Utilities and Satellite Dishes. In compliance with 47 C.F.R. Section 1.4000, and any amendments or revisions thereto, "video antennas" as defined and specifically permitted in 47 C.F.R. Section 1.4000 (relating to allowing certain qualifying satellite dish antennas) are permitted except that no such device shall be located on any lot in a location that is visible from the adjoining streets and roadways, and shall not be located at the front elevation of the home. In the event that a lot Owner cannot locate a video antenna in a location that is not visible from the adjoining streets and roadways and it will unreasonably interfere with the reception or will impose unreasonable costs on the lot Owner, the lot Owner may locate the video antenna in an alternate location that allows for adequate reception and signal strength and while still minimizing the impact of the installation of the video antenna. All such antennas shall be properly screened. It is the lot Owner's responsibility to ensure that the video antenna is installed in the least obstrusive location on their lot. Lot Owners are encouraged, but not required, to submit a notice to the Architectural Control Committee ("Committee") identifying the type of video antenna to be installed and the location of the installation at least seven (7) days prior to the installation to allow the Committee time to review the location and determine whether an alternative, less obtrusive location can be used. In any event, a lot Owner chall notify the Committee after the installation of the video antenna to allow the Committee to review the placement of the video antenna. The Committee may (i) require additional screening and/or the painting of the video antenna to match the color of the home so long as such action does not unreasonable interfere with the signal strength or (ii) require the movement of the antenna if the Committee is able to determine that an alternative location may be used that is (vii) Fences. No fence or wall shall be permitted to extend nearer to any street than the minimum setback line, except that nothing shall prevent the erection of a necessary retaining wall. All fences must be approved by the Committee. All fences to be built shall be the same color and design as the fences constructed by the Declarant unless otherwise approved by the Committee. All fences shall comply with Renton City Codes as written now or hereafter amended. See attached exhibit "c", fence detail. Section 3. Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local governmental authority and written approval of such permits from the Board, Committee or the Declarant. The Committee must approve the plans for all construction or alteration proposals (see Article XI). Section 4. Codes. All construction shall conform to the requirements of the State of Washington codes (building, mechanical, electrical, plumbing) and local requirements required by Snohomish County in force at the commencement of the construction, including the latest revisions thereof. Section 5. Entry for Inspection. Any agent, officer or member of the Board, Committee, or the Declarant may, at any reasonable predetermined hour, upon 24 hours' notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above-recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created an easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections. ARTICLE XIV GENERAL PROVISIONS Section 1. Covenants Running with the Land. These covenants are to run with the land and be binding on all parties and persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time the covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the individuals then owning Lots has been recorded which reflects their intent to amend the covenants in whole or in part. Section 2. Amendment. This Declaration and the Bylaws may be amended during the initial thirty (30) year period if fifty-one percent (51 %) of the members vote to amend particular provisions of either instrument. This Declaration may be amended during the Development Period by any instrument signed by both the Declarant and the Owners of at least fifty-one percent (51 %) of the Lots, including those owned by the Declarant. The provisions expressly referring to the Declarant may not be amended without the Declarant's approval. The Declarant may, unilaterally, during the Development Period, file for record an amendment to this Declaration legally describing the Other Parcels, as defined in Article XIV, Section 8. All amendments must be filed with the office of the King County Auditor. Section 3. Enforcement. The Association, the Board, or any Owner shall have the right to enforce, by any legal proceeding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 4. Attorney's Fees. In the event that it is necessary to seek the services of an attorney in order to enforce any (1) provision of this Declaration or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be obliged to pay any attorneys' fees incurred. If the Owner fails to pay such fees within sixty (60) days, such fees shall become a lien against the Owner's lot. Section 5. Successors and Assigns. The covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns. Section 6. Severability. The invalidity of any one or more phrases, clauses, sentences, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part thereof. In the event that one or more of the phrases, clauses, sentences, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if the invalid phrase, clause, sentence, paragraph or section had not been inserted. Section 7. Rule Against Perpetuities. In the event that any provision or provisions of this Declaration violate the rule against perpetuities, such provision or provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving incorporator of the Association or twenty-one (21) years after the death of the last survivor of all the incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. Section 8. Failure of Board to Insist on Strict Performance No Waiver. The failure of the Board in any instance to insist upon the strict compliance with this Declaration or rules and regulations of the Association, or to exercise any right contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment for the future of any term, covenant, condition, or restriction. Section 9. Limitation of Liability. So long as a Director, Officer, or Declarant, acting on behalf of the Board or the Association, has acted in good faith, without willful or intentional misconduct, upon the basis of such actual information as is then possessed by such Person, then no such Person shall be personally liable to any Owner, or to any other Person, including the Association, for any damage, omission, error, or negligence of such Person; provided that this provision shall not apply to the extent the liability of such person for such act, omission, error, or negligence is covered by any insurance actually obtained by the Board. Section 10. Indemnification. Each Director, Officer, and Declarant shall be indemnified by the Association, against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which such person may be a party, or in which such person may become involved, by reason of holding or having held such position, or any settlement thereof, whether or not such person holds such position may be a party, or in which such person may become involved, by reason of holding or having held such position, or any settlement thereof, whether or not such person holds such position at the time such expenses or liabilities are incurred, except to the extent such expenses and liabilities are covered by insurance actually obtained by the Board and except in such cases wherein such Director or Declarant is adjudged guilty of willful misfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association. IN WITNESS WHEREOF, the undersigned, be~e Declarant herein, have hereunto set their hand(s) and seal(s) this,z(.:Y" day of @~ , 2007. DECLARANT BURNSTEAD CONSTRUCTION COMPANY, a Washington corporation ~~1il6b~ STATE OF WASHINGTON ) ) ss. COUNTY OF K I N G ) On this a2o~ay of {)cJa b uJ, 2007, before me, the nder . ned, a no)afY public in and for the State of Washington, personally appeared , ~ 1 ,(a , tJr of BURNSTEAD CONSTRUCTION COMPANY, a Washin on corpo lion, that executed the within and 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 on behalf of said corporation. WITNESS MY HAND AND OFFICIAL SEAL hereto ed the day and year first above written. NOT Y PUBLIC in and for the State ofW~ingat (Print Name) r/ - My Commission Expires: 6 ..ZJ. -l C EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LEG.AL DESCRIPTION PARCEL A: LOT 1, KING COUNTY SHORT PLAT NUMBER 678063-R, RECORDED UNDER RECORDING NUMBER 7812110857. PARCEL B: TIJAT PORTION OF THE SOUTHEAST QUARTlER OF THE NORTHWEST QUARTlER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, l\1LLAMETIE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT NORTH 00"28'02" WEST A DISTANCE OF 30.00 FEET AND NORTH 88°55'44" WEST A DISTANCE OF 30.00 FEET FROM THE CENTIER OF SAID SECTION 14; THENCE ALONG THE WESTIERLY MARGIN OF THE AUGUST GERBER ROAD (156TH A VENUE SOUTHEAST) AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 1094241, NORTH 00"28'02" WEST A DISTANCE OF 472.53 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING NORTH 00"28'02" WEST A DISTANCE OF 157.51 FEET; THENCE NORTH 89"01'16" WEST A DISTANCE OF 1248.07 FEET TO THE EAST LINE OF THE WEST 30.00 FEET OF SAID SOUTHEAST QUARTlER OF THE NORTHWEST QUARTlER; THENCE ALONG SAID EAST UNE SOUTH 00"33'02" EAST A DISTANCE OF 157.07 FEET; THENCE SOUTH 88°59'57" EAST A DISTANCE OF 1247.82 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS CONVEYED TO FRANKLIN T. TIETlER AND C. LENA TIETER, HUSBAND AND l\1FE, BY DEEDS RECORDED UNDER RECORDING NOS. 6400741 AND 6417877. PARCEL C: PARCEL A, CITY OF RENTON LOT UNE ADJUSTMENT NUMBER LUA-06-052-ULA, HIGHLANDS PARK, RECORDED UNDER RECORDING NUMBER 20061011900002, IN KING COUNTY WASHINGTON. PARCEL 0: LOT 4, KING COUNTY SHORT PLAT NUMBER 484106, RECORDED UNDER RECORDING NUMBER 8505170617. EXHIBIT "B" MAP OF PROPERTY -i~t -------~" rr J~ I NE 1ST ST 59 I I 30 -----i is 1 37 36 35 34 33 .32 --- 40 I , Jl ______ L ----- I ,] I ------ :~·, 50 --~ 44 45 46 47 48 49 ~--- ,l'2 I I 51 r 1,---l-1-r,-T---,~SE~!c2N~D~S'.!T11-T-,-r-;_:=--(' LS TP 9'.JS L N ~ L1 52 w 0, [" 0 I 0 81 z '"\ 0 ~ -+ ~ I I ' "'I ~I ~, i.i (/) ~ < ~ ----I~ 53 <O 54 q N -"' I 73 I " _ __J n I 71 70 69 ss I b; I Ge I 65 64 53 62 61 60 5 9 58 57 56 55 [ _ J__ 'tw".._ ..... _-;:I ;;;;;,:;;;-:-~, ;;;-.l.-;:;:;+,;-J........1..._1--L._L....J.-,.L,,.,,i;';;;,o:::rJl::,.1, : fR 997 *w N88"0fJ3"W 823.45 1 .1 r--. ~ N87'08'22~W { R=25.00 ~ ~ N00"28'39"E 5.28 6=88'24'17" {;j ;.J 1 L=3B.57 .-8 I 49,83 z 81 g1 I __ j!__~---____ ... _""_'"_""-_-_-.J_ -------- ~J88"D0'19"W S.E. 2ND PL LINE BEARING 01si-Ar-1c~ Ll N88'02'01°'W 152.00 L2 Noo·29·11 "E 12.: j",- L3 Nas·o4·oa"w 152.00 -- L4 N00"29'11"E 59.71 = N88"0J'20"W 1so-oo 6 N00'29'09"E 177_._<1:.S _ ~-3~4~ _ --__ ---__ --__ --_ _ I /// CAP_____/ FOUNO 1-1 /2" BRASS w/PUNCH IN CONC. DN. 1.2' IN CASE (CIT'/ OF RENTON NO 2105) HELO FOR CTR. SEC. EXHIBIT "C" FENCE DETAIL Stain color -Parker ''Woodlite" Semi-transparent (S-13) F05T 2 CAF X N.{...1_ ' " . lx4~!--·-··-··•· --- ,,'7 1~ 7' ? ,!), .I = sr I i ' -! EB & ~A IL FENCE [;-2:)o---.:2x4 CAF 2x6·--~~tt---l;,14 lt+--lx.41e,- >--4x4 FO&T 2x4---1;1 •--1;4 C~IT'\'' Of<-RENTON To: From: Date: MEMORANDUM Mike Dotson, Development Plan Review Lawrence l Warren, City Attorney May 25, 2007 Office of the City Attorney Lawrence J. Warren Senior Assistant City Attorneys Mark Barber Zanetta L. Fontes Assistant City Attorneys Ann S. Nielsen Garmon Newsom II Shawn E. Arthur Subject: Highlands Park and Shy Lake -Resolutions approving final plats The above are approved as to legal form. office for action. The originals have been forwarded to the City Clerk's LJW:ch Enc. cc: Jay Covington Kayren Kittrick Bonnie Walton ----------- -, _) ~~'L·-7 •· 1.-. ·' I ,- Lawrence J_ Warren Post Office Box 626 -Renton, Washington 98057 -(425) 255-8678 / FAX (425) 255-5474 ,<;;,. -- LJiYui-ht:!\ilvr. RECEIVED MAY 2 9 2007 BUILDING DIVISION -----........._ RE<' N· ·T (' Ni .J.. -J ··- .. CITY OF RENTON, WASHINGTON RESOLUTION NO.--~ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (HIGHLANDS PARK, FILE NO. LUA-07- 016FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract ofland as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has 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, THF CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. SECTION II. real estate, to wit: The above findings are true and correct in all respects. The final plat is hereby approved pertaining to the following described I RESOLUTlON NO. __ _ See Exhibit it "A" attached hereto and made a part hereof as if fully set forth (The property, consisting of approximately 18.1 acres, is located between Rosario Ave. NE and Vista Ave. NE and SE 2•d PL) 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 ________ ______c, 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1271:5/25/07 ch 2 '-• CITY OF RENTON, WASHINGTON RESOJ ,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 Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has 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 THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS SECTION I. SECTION II. real estate, to wit: The above findings are true and correct in all respects. The final plat is hereby approved pertaining to the following described See Exhibit it "A" attached hereto and made a part hereof as if fully set forth I ' RESOLUTION NO. __ _ (The property, consisting of approximately 16.4 acres, is located between Hoquiam Ave. NE and Jericho Ave NE and NE 2nd Pl. and SE 2nd PL) 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. Approved as to form: Lawrence J. Warren, City Attorney RES.1272:5/25/07:ch Kathy Keolker, Mayor 2 CORE -Steve J. Schrei From: Sent: To: Cc: Subject: Steve, CORE -Michael Chen Thursday, May 24, 2007 3 09 PM CORE -Steve J. Schrei CORE -Dave Cayton; 'Ron Hughes' Lot# 1 Highlands Park Lot 1 stays as of the plat. an interior lot. I'll check wi:h Elizabeth regarding any notes on the face Michael Chen Senior Land Planner mc@coredesigninc.coIT Core Design, Inc. 14711 -NE 29th Place, Suite 101 Bellev~e WA 98007 Tel: 425.885.7877 E'ax: 425.885.7963 www.coredesigninc.com -----Original Message----- Frorn: Jennifer Henning [mailto:Jhenni~g@ci .renton.wa.us] Sent: Thursday, May 24, 2007 2:41 PM To: CORE -Michael Chen S~bject: Lot# 1 Highlands Park Michael, ,--·--.. We I v.e checked .. ~P.e. lo_t _in. -~ap. 2-ewo.od ar_d C~lE:;C't'._cd :oac.k thr_.?1!_ i __ IJ.h. our records. 111111111»1117·:'-!/ 'll &LliRSJlllil~ls.1lUOia••·~ to be an /':l:til;eF"~.,._·y in this instance. Rosar.co would not be a ttrough street, due to t~e p~esence ·of critical areas. We may need to have you record a note o~ ~tc face of the plat so that there isn't a question in the future. !1 11 leave yuu to work o~t the details with Elizabeth Higg~ns. Thank you. Jennifer Toth Henning, AICP Current Planning Manager City of Renton Development Services Divisi,::)n 1055 South Grady Way Renton, WA 98055 (425) 430-7286 ph (425) 430-7300 fax jhenning@ci.renton.wa.us City of Renton Department of Planning I Building I Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: MARCH 30, 2007 ' ' APPLICATION NO: LUA07-016, FP DATE CIRCULATED: MARCH 20, 2007 APPLICANT: Bumstead Construction Co. PROJECT MANAGER: Mike Dotson PROJECT TITLE: Hinhlands Park Final Plat PLAN REVIEW: Elizabeth Hinnins SITE AREA: 789,203 snuare feet BUILDING AREA lnross\: NIA LOCATION: 13501 1561, Avenue SE I WORK ORDER NO: 77723 SUMMARY OF PROPOSAL: 73-lot single-family subdivision. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Waler LiahVG!are Plants Recreation Land/Shoreline Use Utilities Animals Transoortation Environmental Health Public Services Energy/ Natural Resources Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date DATE: TO: COPY: FROM: SUBJECT: PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT ME1\'10RANDUM May 25, 2007 Mike Dotson Jennifer Henning Elizabeth Higgins Highlands Park Final Plat, LUA07-016, Landscape Plan Revision of the Highlands Park Landscape Plan is necessary to add curb cuts, light standards, traffic signs, and utilities including fire hydrants. The note, "alternate locations may be selected by the owner's representative" is insufficient. The following comments are from Rcnton's Community Service department regarding the landscape plan: Red Sunset Maple is not a suitable street tree for a number of reasons and is overused in Renton [please make another selection for the trees along SE 2nd St). The variety of Linden c. is not speci lied, do not use 'Grccnspire,' suggest 'June Bride' or 'Glenleven' or Tilia dasystyla 'Euchlora' (Crimean Linden). Other varieties are not shown, [please provide, some varieties may be suitable while others may not be). Tree symbols on Sheet L2.04 "existing coniferous" and "existing deciduous" are reversed. ;Copy to Michael Chen via fax h:\division.s\develop.ser\dev&plan.ing\erh\proJects 2007\highlands park final plat landscape memo 5.25.07.doc November 27, 2007 Ron Hughes Bumstead Construction Co. 11980 N.E. 24th Street, Suite 200 Bellevue, WA. 98005 King County Water District No. 90 15606 South East I 28th Street Renton. \Vashington 98059-4540 Phone: 425-25.5-9600 Fax: 425-277-4128 RE: Substantial Completion of Water Mains and Hydrants -Highlands Park Plat -King County Construction Permit # W-786-06 Mr. Hughes: District staff has reviewed the Highlands Park Plat Water System and found that the water mains are in and the hydrants operational within the plat. Therefore, this letter is to inform you that the water mains and hydrants have been installed to the Districts satisfaction. If you have any questions on this matter, please give me a call. ,erely, 1 / . j '-iJiJ1 t11,~------ Thomas N. Hoffinan General Manager, KCWD 90 cc: File Z:\UROUP\Developer Extensions\Substantial Completion\]! lghlands Park 11 27 07.doc ~y ,~ CITY 0 .. RENTON u ,; 4~ + ~~; Kathy Keolker, Mayor ~1,rtO' To: From: Date: Subject: MEMORANDUM Mike Dotson, Development Plan Review Lawrence J. Warren, City Attorney May 9, 2007 Highlands Park LUA 05-124 LUA 07-016-CC&R's Office of the City Attorney Lawrence J. Warren Senior Assistant City Attorneys Mark Barber Zanetta L. Fontes Assistant City Attorneys Ann S. Nielsen Garmon Newsom II Shawn E. Arthur OEVELOPMENT SERVICES CITY OF RENTON MAY J 1 >,:,s. REC'EIVED Section 5(iv) seems to contradict the responsibility to maintain the shared roadway. I also can find no section that prohibits modification of the city imposed maintenance responsibilities without the written permission of the city. LJW:tmj cc: Jay Covington Kayren Kittrick Gregg Zimmerman, PE Lawrence]. Warren -Po_s_t O-ffi-ce_B_o_x_62_6 ___ R_e-nt-on-,-W-as_hin ___ gt_o_n_9_8_05_7_--(4_2_5)_2_5_5--86_7_8_/_FAX--(4_2_5)_2_5_5--54_7_4_ ~ @ This paperco~::i ,1s 00 ,,;, re,:yced material, 30% post consumer AHEAD OF THF. CURVE ' May 4, 2007 Mr. Stephen Schrei, PLS Core Design SUBJECT: Dear Mr. Schrei: HIGHLANDS PARK FINAL PLAT -LUA07-016 FP FINAL PLAT COMMENTS Staff has completed their review of the above subject final plat document and has made the following comments. Once you have completed the revisions listed below please resubmit three copies. Final Plat Recording Comments: 1. Note the City of Renton land use action number and land record number, LUA-07-016- l' : FP and LND-10-0439, respectively, on all drawing sheets in the spaces already provided. 2. Complete City of Renton Monument Cards, with reference points of all new right of way monuments set as part of the plat. 3. See the attachment for the addressing information. Note on the plat submittal in the spaces already provided. 4. Include right of way half-widths on sheet 5 of 7. If you have any questions regarding specific comments in the above final plat drawing review please contact Bob Mac Onie at 425-430-7369. Fire Prevention Comments: All roadway and street signage work needs to be completed (temporary or permanent until the final lift of asphalt is in place). Land Use Comments: 1. Lot 1 appears to be 63.66 feet in width. As a comer lot the minimum allowable width is 70 feet. 2. The Composite Landscape Plan (Sheet 1.1.0 I) does not include a plant list or planting details. The proposed plantings cannot be identified. This information may be shown on Sheets L2.01 -L2.03, which are referenced, but were not included in the review packet. 3. A Hearing Examiner condition (#2) is that a fencing plan for Tract 997 be submitted prior to recording of the Final Plat. The applicant has stated, "This condition will be met by action taken by the developer." The applicant is advised that this condition must be met prior to recording the Final Plat. 4. There is a conflict between General Notes: Note I (sheet 3 of 7). THE STREET TREES SHALL BE OWNED AND MAINTAINED BY THE ABUTTING LOT OWNERS," and the CC&Rs Article Ill Easements; Section 5 Miscellaneous Easements and Restrictions iii " ... All street trees shall be owned and maintained by the Association." 5. Article IV Section I of the CC&Rs assigns responsibility for "landscaping including water and electric." This section should also assign responsibility more specifically to include the automatic irrigation system (not just ·'water'). "Sprinkler systems" is referenced in Section 2 Repair of Common Maintenance Areas, but there is no specific assignment of norrnal, annual maintenance such as winterization of the system. Fees: All remaining fees are assessed on the Land Use permit (LUA 07-016). Please reference the Land Use number when making payment at the permit counter. The applicant shall pay the Fire Mitigation Fee of $488 per each new single-family lot prior to the recording of the final plat. The applicant shall pay the Transportation Mitigation Fee of $717.75 per each lot prior to the recording of the final plat. The applicant shall pay the Parks Mitigation Fee of $530.76 per each new single-family lot prior to the recording of the final plat. Additional comments concerning construction items, Bill of Sale, Cost Data Inventory, Bonds, etc. will be forth coming as the project nears completion. Please let me know if you have any questions. Sincerely, Mike Dotson Engineering Specialist cc: Ron Hughes Kayren Kittrick Lua 07-016 C:\Documents and Settings\sjs\Loca[ Settings\Temporary Internet Filcs\OLK14D\Highland Park PLAT comments (3).doc ' -f"OUNt, 1/2" Rt8AR WITH Y£LLOW PLASTIC' CAP, ST AI.IPEO •coru; J0.127" IN JANUARY 2002 PER RU, 1 1 ...... 7.43 -+-------~----. :S!r--· , ( { ~itrtj -:,"'.'._""_.:s!T.""'..~J-.-~t, :;._--"'' --,1-1-.JH~qiO;~p,.(~ 1-, ·-• I"' I 1--J~-,t'. ii r '-J.IJl!::.',L..ii , , rq ["l F" Nr~sr"sr"'r I I I ~ : -. i{~j I~ Ii; ,A~,~, ~: ~ [;---1~:j I\ 71 -·--..--• ··--------····-·1 • IUf'O ' l",,&.1.r.u,J.... • •.. , ·;.,_~ ........ -~·\~ -f , I . City of Renton Department of Planning I Building I Public WorKs ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: :f,rc COMMENTS DUE: MARCI <tn -,nnz. APPLICATION NO: LUA07-016, FP DATE CIRCULATED: MARCH fo)oar, ) ti;; .. . -! 1~1 LJ ., >.::J . I. APPLICANT: Bumstead Construction Co. PROJECT TITLE: Hiohlands Park Final Plat SITE AREA: 789,203 square feet LOCATION: 13501 1561h Avenue SE . . SUMMARY OF PROPOSAL: 73-lot smgle-fam1ly subd1v1s1on . A. ENVIRONMENTAL IMPACT {e.g. Non-Code) COMMENTS Element of the Probable Probable Environment Minor Major Impacts Impacts Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources 8. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application wit areas where additio I informaUon is More Information Necessary /U/1- Mike obtsq~ f . PROJECT MANAGER: 1:' i' Ii· . : I: UAR ? Q ?nr\7 :· i i PLAN REVIEW: Elizabeth Hin, 'ins ! : 1 I' L-, BUILDING AREA lnross): NIA i I I I c1: Y er •)nn--~·-,,1 I WORK ORDER NO: 77723 -.. ' ,. I i Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housinn Aesthetics LinhtJG/are Recreation Utilities Transnortat/on Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet ,~Y 0 H +- + ~ + CITY 0 RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator o~.. t¢; ~-~ Kathy Keolker, Mayor &'Nrt0'~----------------------- May 25, 2007 Michael Chen, Senior Land Planner Core Design 14 711 NE 29th Place Suite 101 Bellevue, WA 98007 Re: Highlands Park, LUA07-016, FP -Lot 1 Dear Michael This letter is sent to confirm that an administrative decision has been made that Lot 1 of the Highlands Park plat is to be considered an interior lot, and as such, meets the development standards of Renton Municipal Code (RMC 4-2-11 OA, "Development Standards for Single Family Residential Zoning Designations") for the Residential 4 (vested to Residential 5)Zone. A note must be added to. the face of the plat stating that Lot 1 is to be considered interior lot. Jennifer Toth Henning, AICP Planning Manager Cc: Mike Dotson / Elizabeth Higgins File -------10_5_5_S_ou_th_G_ra_d_y_W_a_y_--R-en-t,-rn-.-W-a-sh-in_g_to_n_9_8_0_57 _______ ~ ~ · -AHEA.D OF THE CURVE '3!/ This paper contains 50% recycled material, 30% post consumer CITY CLERK September 12, 2007 CITY OF RENTON SEP 1 3 2007 TO WHOM IT MAY CONCERN: RECEIVED CITY CLERK'S OFFICE Sub1ect: Please see attached new plats that have Just been addressed. Please add these addresses to your City directories and maps. Amanda Court Short Plat Blakey Townhomes Sho,1 Plat Chen Short Plat Garden of Eden LLA Honey Brooke West/Sagecrest Plat Langley Ridge Plat Ng Short Plat Rainier Station LI .A Jan Conklin Energy Plans Exammer Development Services Division Telephone: 425-430-7276 #1:platadd Barbee Mill Plat Bretzke Rogers Lotline adjustment Conner Puget Colony Short Plat 2 Highlands Park Plat Houvener Short Plat Brewis/Meadow Ave Short Plat Puget Colony l Sh011 Plat Renton Prop Short Plat 1055 South Grady Way-Renton, Washington 98057 l ; / ' ! .. -··2 ,,...,.r" ·-1 ,:i )v ::, c;o ,11 Ci;; fi 3 t ,.,,1 ' q // l, er //<i'' -FOUND 1 /2" REBAR WITH YELLOW PLASTIC' CAP, STAMPED 'CORE 30427' II~ JANUAR"I 2002 PER REF'. 1 I~~! J0.01 ~ lf_,L_~-~ ~c:J7-cJI~ l\ I • \I ! ~, HI0.01 el '"'"'.. ~ ~ ~~ ~I ·~ J 01 I · .""ol 5 I(;_ Z ~-ff :VJ / I ..... I !k. I L t ' l "' l -J. J • I I I I I !+C=";aL~ Ir:! I l \ :~ ,, '\. ]ii TR 997 1,'.:'. ., R•25,00 "'t-N00'2B''9"E-I b-e!!°2+'17" f'I "' g1 I L•.58.57 8 5.2B o I · _ 1307.-4-3 -+ i) Z _]-,; -------1' 7 I)· --------------------.... o .43 ·1 ; N8a"00'19"W 1,£. 2ND PL, -----------------! ~--/-! -----·-· LINE EtEARJNG L1 NS8'02'01 'W L2 N00'29'11 'E L3 N88'04'08'W L-4 N00'2911"E LS 1-186·0:r:zo•w L6 N00'29'~'E C/f'i'03 o ---- DISTANCE 152.00 127.71 152.00 59.71 150.00 127.45 fOVNO 1-1;2• BRASS CAP--" W/PllNCH IN ¢()NC. ON. 1.2' IN CASE (CITY OF RENTON NO. 2105) HELD f'OR ClR. SEC. / June 4, 2007 Human Resources: 2007 Group Health Cooperative Medical Coverage Contracts Transportation: l-405 ([-5 to SR-169) Stage l Widening, WSDOT Utility: SW 34th St Culvert Replacement Project Fund Transfer, Budget Amend Utility: Briar Hills Sewer Facilities Transfer, King County Water District #90 CORRESPONDENCE Citizen Comment: Dohm - Aberdeen Ave NE Vacation, VAC-05-003 UNFINISHED BUSINESS Public Safetv Committee Police: Red Light School Zone Photo Enforcement Program RESOLUTIONS AND ORDINANCES Resolution #3879 Plat: Highlands Park, Rosario Ave NE, FP-07-016 Renton City Council Minutes Page 191 Human Resources ancl Risk Management Department recommended approval of the 2007 Grour Health Cooperative medical coverage contracts for LEO FF I Retirees and all active employees. Refer to Finance Committee. Transportation Systems Division recommended approval of an agreement with the Washington State Department of Transportation for a City of Renton project coordinator for the 1-405, 1-5 to SR-169 Stage l Widening Project. Refer to Transportation (Aviation) Committee. Utility Systems Division requested approval to transfer $150,000 from the Lake Ave. S./Rainier Ave. S. Storm System Replacement Project account to the SW 34th St. Culvert Replacement Project account. Refer to Utilities Committee. Utility Systems Division requested approval of an agreement with King County Water District #90 for the transfer of sanitary sewer facilities in the Briar Hills area from the distnct to the City. Council concur. (See page 192 for resolution.) MOVED BY NELSO:\, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGE:\DA AS PRESENTED. CARRIED. Correspondence was read from Ron Dohrn, 3767 Monterey PL NE, Renton, 98056, requcstiug waiver of the certified appraisal and compensation fee requirement for the approved vacation of a portion of Aberdeen Ave. NE (now 112th Ave. SE); VAC-05-003. MOVED BY CLAWSON, SECONDED BY LAW, COU:\CIL REFER THIS CORRESPONDENCE TO THE UTILITIES COMMITTEE. CARRIED. Public Safety Committee Chair Law presented a report regarding traffic enforcement cameras for red light and speeding enforcement. The Committee recommended concurrence in the staff recommendation to implement the use of traffic enforcement cameras for red light and speeding enforcement at selected school zones. The Committee also recommended approval of the cooperative purchasing agreement with the City of Seattle to enable the City to use the agreement's master contract provisions to execute a contract with American Traffic Solutions. The Committee also recommended adding a new Section 10-12-15, Traffic Safety Cameras, to City Code. The Committee further recommended that the resolution regarding the cooperative purchasing agreement with the City of Seattle be presented for reading and adoption, and that the ordinance regarding the City Code addition be presented for first reading.* Pointing out that this is the first of many conversations the public will hear about the traffic enforcement camera program, Councilmember Law said he is very impressed with how the cameras work. He assured that the public will have plenty of advanced warning. *MOVED BY LAW. SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page l 92 for resolution and ordinance.) The following resolutions were presented for reading and adoption: A resolution was read approving the Highlands Park Final Plat consisting of approximately 18.1 acres located between Rosario Ave. NE and Vesta Ave. NE and SE 2nd Pl. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. June 4, 2007 AUDIENCE COMMENT Citizen Comment: DeMastus - Trail Cleanup Behind Highlands Library CONSENT AGENDA Council Meeting Minutes of 5/21/2007 CAG: 07-072, Central Plateau Interceptor Section 2, Rodarte Construction CAG: 07-078, City Shops Roof Replacement Bldg A-1, Stanley Roofing Co Plat: Highlands Park, Rosario Ave NE, FP-07-016 Plat: Shy Creek, SE 2nd Pl, 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 DeMaslus, Highlands Community Association Vice President, PO Box 2041, Renton, '!8056, expressed appreciation to those who helped cleanup the overgrown trail located behind the Highlands Library last Saturday. Items on the consent agenda are adopted by one motion which follows the listing. Approval ofCouneil meeting minutes ofS/21/2007. 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 staff recommendation to award the contract to the low bidder, Rodarte Construction, J nc., in the amount of $1,865,890.97. 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. I Development Services Division recmmnended approval, with conditions, of the Highlands Park Final Plat; 73 single-family lots on 18. I acres located al the 200 'block of Rosario Ave. '\JE and Vesta Ave. NE. Council concur. (See page 191 for resolution. I Development Services Division recommended approval, with conditions, of the Shy Creek Final l'lal: 61 single-family lots on 16. 14 acres located in the vicinity of SE 2nd J'L and Jericho Ave. NE. Council concur. (See page 192 for resolution.) Community ScrYices 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 safely barrier along Union Ave. NE. Council concur. Development Services Division recommended acceptance of a deed of dedication for additional right-of-way at Lind Ave. SW to fulfill a requirement of the Collier Shon Plat. Council concur. Economic Development, Neighborhoods and Strategic Planning Department submitted a (,()'Y,, Petition to Annex for the proposed Marshall Annexation, and recommended a public hearing be set on 6/18/2007 to consider the petition and R-8 zoning: 7.6 acres located west of Duvall Ave. NE and north of NE Sunset Blvd. Council concur. Economic Development, Neighborhoods and Strategic Planning Department recommended a public hearing be set on 6/18/2007 to consider the proposed Aster Park Annexation and R-4 zoning of the 19.85-acre site located along the south side ofN[ Sunset Blvd. and west of 148th Ave. SE. Council concur. Economic DeYelopment, Neighborhoods and Strategic Planning Department recommended appronl of the revised multi-family housing property tax exemption agreement for The Sanctuary project (near intersection ofN. 10th St and Park Ave. N.J lo reflect the new ownership entity of the project Council concur. OF RENTON COUNCIL AGEND1 LL I Al# j, 4 ~ ------~ Submitting Data: Planning/Building/Public Works For Agenda of: June 4, 2007 Dept/Div/Board .. Development Services Division Staff Contact.. .... Mike Dotson X-7304 Agenda Status Consent. ............. X Subject: Public Hearing .. Highlands Park Final Plat. Correspondence .. Ordinance ............. File Number: LUA 07-016 FP (Preliminary Plat LUA Resolution ............ X 05-124). Old Business ........ Exhibits: New Business ....... 1. Resolution and legal description. Study Sessions ...... 2. Staff Report and Recommendation. Information ......... Recommended Action: Approvals: Council Concur Legal Dept.. ....... X Finance Dept.. ... . Other. ............. . Fiscal Impact: NIA Expenditure Required .. . Transfer/ Amendment.. ..... Amount Budgeted ...... . Revenue Generated ........ . Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 73 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 Highlands Park Final Plat, LUA 07-016 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:rnocumcnts and Settings\User\Desktop\Highland Park AGNBJ JP!l2.doc/ CITY OF RENTON, WASHINGTON RESOLUTION NO. ---~ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (HIGHLANDS PARK, FILE NO. LUA-07- 016FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract ofland as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has 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 THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION IL The final plat is hereby approved pertaining to the following described real estate, to wit: RESOLUTION NO. __ _ (The property, consisting of approximately 18.1 acres, is located between Rosario Ave. NE and Vesta Ave. NE and SE 2"d Pl.) 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.1271 :5/25/07:ch 2 PARCEL Ac EXHIBIT A LEGAL DESCRIPTION LOT 1, KING COUNTY SHORT PLAT NUMBER 678063-R, RECORDED UNDER RECORDING NUMBER 7812110857. PARCEL Be THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS, BEGINNING AT A POINT NORTH 00°28'02'' 'aEST A DISTANCE OF 30.00 FEET AND NORTH 8 8 ° 5 5' 4 4" WEST .1' DI STANCE OF 3 0 . 0 0 FEET FROM THE CENTER OF SAID SECTION 14 ; THENCE ALONG THE WESTERLY MARGIN o~ THE AUGUST GERBER ROAD (156TH AVENUE SOUTHEAST) AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 1094241, NORTH 00°28'02" WEST A DISTANCE OF 472.53 FEET TO THE TRUE POINT OF BEGINNING OF Tc!E TRACT HEREIN DESCRIBED; THENCE CONTINUING NORTH 00°28'02" WEST A DISTANCE OF 157.51 FEET; THENCS NORTH 89°01' 16" WEST A DISTA.NCE OF 1248. 07 FEET TO THE EAST LINE OF THE WEST 30.00 FEET OF SADI SOUTHEAST QUft_RTEk OF THE NORTHWEST QUARTER; THENCE ALONG SAID EAST LINE SOUTH 00°33'02" EAST A DISTANCE OF 157.07 FEET; THENCE SOUTH 88°59'57" EAST A DISTANC~ OF 1247.82 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS CONVEYED TO FRANKLIN T. TETER J>cND C. LENA TETER, HUSBAND AND WIFE, BY DEEDS RECORDED UNDER RECORDING NUMBERS 6400741 AND 6417877. PARCEl.. C: PARCEL A, CITY OF RENTON LOT LINE ADcT1.ISTMENT NUMBER LUA-06-052-LLA, HIGHLANDS PARK, RECORDED UNDER RECORDING N\I'.olBER 20061011900002, IN KING COUNTY, WASHINGTON. P.l'illCEL D, LOT 4, KING COUNTY SHORT PLAT NUMBER 184106, RECORDED UNDER RECORDING NUMBER 8505170617. I I I I 5 ' I I I I _________ _J _____ _ I I 4 J 9 10 RENTON CRffNWOOO CEMETERY 16 I I NE 4TH ST 15 I '< -----'--~--...., : MAPlEWOOO I <> ---------~--~---: i 1 GOLF COURSE VICINITY MAP ,. = 3000'± 2 II ~ ~ 14 " ~ l,l DEVELOP;VIENT s1,:RVJCES DIVISION BUILDING/PLA:\:\JNG/PUBLIC \VORKS CITY OF REJ\"TON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION Stephen J. Schrei Bumstead Construcion, Co. Highlands Park Final Plat. File: LUA 07-016, FP 200 Blk Rosario Ave NE and Vesta Ave NE. Section 14, Twp. 23 N., Rng 5 E, W.M. Final Plat for 73 single-family residential lots with water, sanitary sewer, storm, street and lighting. Approve \Vith Conditions FINDINGS, CONCLUSIONS & RF.CO!\IY!ENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: I. The applicant, Bumstead Construction, Co, filed a request for approval of Kristen Woods, a 73-lot Final Plat. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEP A) documentation and other pe11inent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination on 'son-Significance-Mitigated (DMA-M). 4. All appropriate City of Renton personnel reviewed the subject proposal. 5. The new plat is located in Section Section 14, Twp. 23 N., Rng 5 E, W.M .. The subject site is located at 200 Blk Rosario Ave NE and Vesta Ave NE. 6. The subject site is comprised 01· a parcel of 18.1 acres. 7. The Preliminary Plat (LUA-05-124) was approved by the City of Renton Council on October l 0, 2005. 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. ERC CONDITION COMPLIANCE: The application has complied with the requirements of the Revised Determination of Non-Signifcance-Mitigated that was issued by the ERC on February 6, 2006 (conditions to follow): I) The applicant shall comply with the recommendations contained within the geotechnical report dated October 10, 2005, prepared by Terra Associates, Inc. • The developer will monitor all site preparation and earthwork to znsure compliance wi1h the recommendations of the geotechnical report and the approved construction plans. 2) The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $488.00 per new single-family lot prior to the recording of the final plat. 3) The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the proj eel prior to the recording of the final plat. 4) The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single-family lot prior to the recording of the final plat. • All required.fees will be paid prior to the recording of the final plat. 5) The project shall comply with the 2005 King County Surface Water Design Manual for both detention (Conservation Flow Control -Level 2) and water quality facilities. • The approved construction plans have been prepared to comply with these requirements. 6) Clearing and grading activities shall comply with the tree retention plan dated January 26, 2006, in order to preserve at least 25% of existing significant trees on the site. • The approved constructiu11 1>lu11s /,ave been prepared to comply with these req 11iremen1s. Hearing Examiner Conditions (items 2-7 from the May 18, 2006 Recommedation): I) The applicant shall submit a fencing plan for the stom1 waler detention pond (Tract 997). Fencing shall be consistent with the requirements of the King County Surface Water Design Manual. The satisfaction of these requirements shall be subject to the review and approval of the De1eloprnent Services Division prior to the recording of the final plat • This condition will be met/,_, uctio11 taken by the developer. 2) A 6-foot paved pedestrian walk\\ay connection, to be located within the ex1stmg recorded access easement, shall be provided from Vesta Avenue SE through proposed Tract 998 (park) to the internal plat road. This walkway shall be shown on the final plat. The casement shall not intcrlcrc \\ ith the existing third party easement in that location. • The required wa/lnrny will hl' co11s1ructed as a part of the site development. The required easement has hee11 shmrn 011 the final plat. 3) The applicant shall be required to pro, 1de 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 2001 Stormwater Management Manual, and to provide staff with a Construction Mitigation Plan prior to issuance of construction pem1its. • The required plans have bee11 pnwidcd and approved by the City. 4) "If the applicant wishes to make minur adjustments to lots in the vicinity of the southerly portion of the site based upon the land area that would be gained by a vacation of the portion of the Rosario Avenue S.E. unimproved right-of-way that had been the subject of City of Renton Vacation File No. VAC-05-004 (ultimately withdrawn), the applicant shall (a) file a new vacation application, (b) submit an application for a minor amendment to the preliminary plat, and (c) finalize and record the vacation prior to or concurrent "i th the recording of the final plat." • The developer does not wish w purrne a vacation of the right-of way. 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, storrnwater and utility improvements. A dratl 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. • This condition will be met by action taken by the developer. A copy of the CC&Rs will be provided to the City for review prior to final plat approval. 6) The applicant shall resolve the adverse possession claim and adjust lot sizes if necessary to accommodate any property transfer. • A lot line adjusiment has been processed and approved to resolve the boundary issue. 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 23'" DAY OF May 2007. cc: Kayrcn Kittrick l.UA-07-016-FP MIKE DOTSON DEVELOPMENT SERVICES DIVISION EXHIBIT "B" MAP OF PROPERTY o, r'.J 0 I Cl Im r"' ,o ~~I z I Sl ~1 ,o ,~ I cO I 5 1 i JrrJo.01 1,133'04' 40"W ;\' ;:-" rn ;(' / f ,:'-!''.'.'';, " " " '" " "' 28 29 _..j TR I LS ' 998 ..- _J ; 1 11 -1 1 1 1 f 1 -: '-------1'-__.l,,-;N;:;E;;:-;1:;,:S::;T~S;;:T~-..L.-L_J __ ,l_, -\-.,., 8 ~ 3g I I l r TR 999 f \ JO IJl , w ~ i ---10--r--9 _ ____:c.::_c__.\-----,--_: ---401~~-~~~:~ ~s+-3-4+-3-3+-3-2-ir~ :01 -; 1-....:;.:_...,.i'd i u N _J L1 I ~ 6 ~ 41 f -J col ~ ~ I~ ..Cl 2 3 4 :t: ffi 52 UJ <O I~~ ~-- 5 -f/l ---- 4 -2--, 4.3 i _,,1 145 46 47 48 49 --;-;--~ SJ ~ -'----__l_.J.-,-..J.----'--'--'---L-L __ .,,, •---J, ~ , 54 o ~, sE 2ND si:..·,--r-r,--r-----< ---~ \ -" 1_7_2~7-1 70 69 681 G-; i Gb l 6'.c 64 63 62 61 60 59 58 57 56 O~~~ I TR 997 !-" N88'01'3TW 823.45 _/ 150.13 (::: ;i; N8T08'22"W R=25.oo -· c.,,-Noo·2s'J9"E lP88'24'17" ' -N i ~ 81 c,I 1 L=38.57 ';2 0 5 - 28 I , ,..., 0 \J ._ _ __.2.;i:4ii/.a9."'8"-'-.JZ ------"'-------------------1_.3_0'_4~ _ --__ ----_ --__ --__ -~ N88'00'19"W S.E. 2ND PL LINE L1 L2 L3 L'1-----· L.5 LG BEARING · Nss·o2'01 "w N00'29'11 "E N8if04'08"W - Noo·29'11''E N8S'03'20"W N00'29__09"E __ DISTANCE:-~-, 152_0U 127 71 152 oc ' I 1 --1214-:S I // FOUND 1-1/2" BRASS CAP-~ V,!PUNCH IN COl1C. ON. 1-2' IN -CASE (CITY OF RENTON NO 7105) HELD FOR CTR SEC 23 ' CITY OF RENTON, WASHINGTON RESOLUTION NO. 3879 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (HIGHLANDS PARK, FILE NO. LUA-07- 016FP). / 1 I WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract ofland as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has 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 THE CITY OF RENTON, WASHING TON, DOES RE SOL VE AS FOLLOWS SECTION I. SECTION II. real estate, to wit: The above findings are true and correct in all respects. The final plat is hereby approved pertaining to the following described RESOLUTIONNO. 3879 See Exhibit it "A" attached hereto and made a part hereof as if fully set forth (The property, consisting of approximately 18.1 acres, is located between Rosario Ave. NE and Vesta Ave. NE and SE 2"d PL) 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 Tiffi CITY COUNCIL this 4th day of_~J=u~n~e---~· 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 4th day of __ ....,J"--'u"--'n'-"e~------' 2007. ~astoform: ~202~ Lawrence J. Warren, City Attorney RES.1271 :5/25/07:ch 2 .. I PARCEL A: RESOLUTION 3879 EXHIBIT A LEGAL DESCRIPTION LOT 1, KING COUNTY SHORT PLAT NJMBER 678063-R, RECORDED UNDER RECORDING NUMBER 78l2ll08S7 PARCEL B · THAT PORTION OF THE SOUTHEAST QW\RTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE S EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS, BEGINNHJG AT A POINT NORTH U0°2G' Ill" WEST A DISTANCE OF 30.00 FEET AND NORTH 88°55'44" WEST A DISTANCE De' 30.QO ?EET FROM THE CENTER OF SAID SECTION 14; THENCE ALONG THE WESTERLY M.ARGI1{ C-P ~EE AUGUST GERBER ROAD (156TH AVENu'E SOUTHEAST) AS CONVEYED TO KING ::OUN'.:'Y BY DEED RECORDED UNDER RECORDING NUMBER 10947.41, NORTH 00°28'02" WEST A :JISTANCE OF 472.53 FEET TO THE TRUE POINT OF BEGINNING OF T!·IE TRACT HEREIN Ub~SCRTEF.JJ; THENCE CONTINUING NORTH 00°28'02" WEST.~ DISTANCE OF 157.51 FEET; THENCE NORTH 8 9" 01' 16" WEST A DJ 'oTil_NCE u~ 1248. 07 FEET TO THE EAST LINE OF THE WEST 30.00 FEET OF SADI SOUTHEAST QUARTC:R OF THE NORTHWEST QUARTER; THENCE ALONG SAID EAST LINE SO\J!'fi 00°13'02" EAST A DISTANCE OF 157.07 FEET; THENCE SOUTH 88°59' 57" EAST A Dr,;T.oJ,)CE OF 1247 .82 FEET TO THE TRUE POINT OP BEGINNING; EXCEPT THOSE PORTIONS CONVEYED TCJ FRANKLIN T. TETER AND C. LENA TETER, HUSBAND AND WIFE, BY DEEDS RECORDED UNDER RECORDING NUMBERS 6400741 AND 6417877. PARCEL C: PARCEL A, CITY OF RENTON LOT LINE iilluclSTMENT NUMBER LUA-06-052-LLA, HIGHLANDS ~l\RK, RECORDED UNDER RECORDING NUMBER 20061011900002, IN KING COUNTY, WASHINGTON. PARCEL D: LOT 4, KING COUNTY SHORT PLAT N\JMB2R !,fel,J6, RECORDED UNDER RECORDING NUMBER 8505170617. RESOLUTION 3879 I 4Q I I I 4 5 ' J I I I I ---------~-------' I 9 10 RENTON NE 4/H ST GREIN/I'(}(){) CEMETERY 16 15 I I I I -----1-M,~LP/£-IWO/)--~----------r---l-- 1 COt.F COi.iRS[ I <>c VICINITY MAP ,· = 3000'± ' ' 2 II t)I Ls, 14 " .,, l;J CITY OF RENTON fLANNING /BUILDING/ PUBLIC WORKS MEMORANDUM Date: May 31, 2007 To: City Clerk's Office From: Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. ' Project Name: LUA (file) Number: Cross-References: AKA's: Project Manager: Acceptance Date: Applicant: Owner: Contact: PID Number: ERC Decision Date: ERC Appeal Date: Administrative Denial: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: . Date Appealed to Council: By Whom: Council Decision: Mylar Recording Number: Highlands Park Final Plat LUA-07-016, FP LUA05-124 Highlands Park PP; LUA06-052 Highlands Park LLA Michael Dotson March 20, 2007 Bumstead Construction Co. Bumstead Construction Co. Stephen Schrei, Core Design, Inc. 1423059047; 1423059083; 1423059118; 1423059110 Date: Date: Project Description: 73-lot single-family subdivision. : Location: 13501 156'h Avenue SE · Comments: DATE: TO: FROM: SUBJECT: PLANNING/BUILDING/ PUBLIC \VORKS DEPARTMENT M E M O R A N D U M April 13, 2007 Mike Dotson Elizabeth Higgins Highlands Park Final Plat, LUA07-016, FP I have reviewed the Final Plat submittal and have the following comments: I. Lot 1 appears to be 63.66 feet in width. As a comer lot the minimum allowable width is 70 feet. 2. The Composite Landscape Plan (Sheel L 1.01) does not include a plant list or planting details. The proposed plantings cannot be identified. This information may be shown on Sheets 12.01 -L2.03, which are referenced. but were not included in the review packet. 3. A Hearing Examiner condition (i.i2) is that a fencing plan for Tract 997 be submitted prior to recording of the Final Plat. The applicant has stated, "This condition will be met by action taken by the developer." The applicant is advised that this condition must be met prior to recording the Final Plat. 4. There is a conflict between General "1otcs; Note 1 (sheet 3 of7). THE STREET TREES SHALL BE OWNED AND MAINTAINED BY THE ABUTTING LOT OWNERS," and the CC&Rs Article III Easements; Section 5 Miscellaneous Easements and Restrictions iii " ... All street trees shall be owned and maintained by the Association." 5. Article IV Section I of the CC&Rs assigns responsibility for "landscaping including water and electric." This section should also assign responsibility more specifically to include the automatic irrigation system ( not just "water"). "Sprinkler systems" is referenced in Section 2 Repair of Common Maintenance Areas, but there is no speci fie assignment of normal, annual maintenance such as winterization of the system. h:\division.s\develop.ser\dev&plan.ing\crh\projecls 2U07'J11ghlands park final plat memo 4.13.07.doc City ,nton Department of Planning I Building/ P, Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: MARCH 30, 2007 APPLICATION NO: LUA0?-016, FP DATE CIRCULATED: MARCH 20, 2007 APPLICANT: Bumstead Construction Co. Mike Dotson ~P~R::cc'.O:!-JE=-C"-T-'-'-T-'--'IT__,L"'E'-: _!.H_,_,,ia,h,,,lae,n'-'dc,s_!.P_.eac,rk'--'F'--'i~na~l_!.P~lae,t _______ l--'--P='LA"-Nc!..'.c~ R SITE AREA: 789,203 s uare feet BUILDING AREA ross : N/A LOCATION: 13501 156'" Avenue SE WORK ORDER NO: 77723 SUMMARY OF PROPOSAL: 73-lot single-family subdivision. BUILDING DIVISION A. ENVIRONMENTAL IMPACT (e.g. Non-Code} COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earlh Housinn Air Aesthetics Water Unht!Glare Plants Recreation Land/Shoreline Use Utilities Animals TranST1orlation Environmental Health Public Services Energy! Historic/Cultural Natural Resources Preservation Airporl Environment 10,000 Feet 14,000 Feet -~ /i& Day __ -+------ Tin 'l I 0#'--- B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed t proIJ._erly assess this proposal. ~ Date ' ,. City . enton Department of Planning I Building I Pu .. Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET -· REVIEWING DEPARTMENT: -1--;rc COMMENTS DUE: MARCI 30,..-2007 ··---'• . -.. ··--·-·· . APPLICATION NO: LUA07-016, FP DATE CIRCULATED: MARCH 20, 20QL L~, ,_, Mike D.otson f -- APPLICANT: Bumstead Construction Co. PROJECT MANAGER: : ! !)AR ? 0 ?f1n7 PROJECT TITLE: Hiahlands Park Final Plat PLAN REVIEW: Elizabeth Hinnins , -, SITE AREA: 789,203 sauare feet BUILDING AREA lnrossl: N/A i ' .___ --·· -·--------·- LOCATION: 13501 156'" Avenue SE WORK ORDER NO: 77723 :'.1 ·1 \· C' ;: l,--' .. - . - I -----··· ------ SUMMARY OF PROPOSAL: 73-lot s1ngle-fam1ly subd1v1s1on. 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 Housinn Air Aesthetics Water Liaht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transoortation Environmental Health Public Setvices Energy/ HistoridCultural Natural Resources Presetvation Airport Environment 10,000 Feet 14,000 Feet ;UA- B. POLICY-RELATED COMMENTS CIT"\_ :>F RENTON Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator :~.~R~: 't'~ Kathy Keolkcr, Mayor /'°)N'tO~'-------------------------------- March 20, 2007 Stephen J. Schrei, PLS Core Design, Inc. 14711 NE 291h Place #IOI Bellevue, WA 98007 Subject: Highlands Park Final Plat LUA07-016 Dear Mr. Schrei: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at ( 425) 430-7278 if you have any questions. Sincerely, --I 1i~/-~4~/v·L- Michael Dotson Project Manager cc: Bumstead Construction Co./ Owner -------,-0-55-So_u_tl_1 _G_ra_d_y_W_a_y ___ R_e_nt-o-n.-\-\"-as-h-in_g_to_n_9_8_0_5_7 -------~ ~ Thi,s n:,r)F'r r.nn1,-,;,,,_ ".fl",: Tr'1;rl0ri m.it,,ri;,il 10% nnl'.trnn.<e.o •mAr AHloAD Ol' THE CURVE • • • City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME Burnstead Construction Co. PROJECT OR DEVELOPMENT NAME: Highlands Park J;: Y1t...Z. /0 I c,,,,t' ADDRESS: 11980 NE 24th ST. Suite 200 PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 15400 SE 2nd St CITY: Bellevue ZIP: 98005 Renton, WA 98055 TELEPHONE NUMBER: 425-454-1900 x233 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 142305-9047, 142305-9083, 412305-9110, APPLICANT (if other than owner) 142305-9118 NAME: EXISTING LAND USE(S): Single Family Residential COMPANY (if applicable): PROPOSED LAND USE(S): Single Family Residential ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Residential Low Density CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): Residential Low Density TELEPHONE NUMBER \ . (, v~.s+cc,<. ·fo f>'i s-ran,;;".. vc,l,; EXISTING ZONING. R-4 iltt:11¥ HMJll',.tVf. (t,wr ./ CONTACT PERSON ' rfn/1!, . PROPOSED ZONING (if applicable): R-4 /1.-;i. -, lo C, NAME: Stephen J. Schrei, P.L.S. ' SITE AREA (in square feet): 789,203 COMPANY (if applicable): Core Design, Inc. SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED: 126,190 ADDRESS: 14711 NE 29th Place, Suite 101 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 5,168 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Bellevue ZIP: 98007 ACRE (if applicable): "I'' f? 3 NUMBER OF PROPOSED LOTS (if applicable): 73 TELEPHONE NUMBER AND E-MAIL ADDRESS: 425-885-7877 NUMBER OF NEW DWELLING UNITS (if applicable): N:12001\0IOl 9\Legal\Ol 019Ll I Land Use Master App.doc! 1/15/06 PRI -:CT INFORMATION (contin I) ~----------~ NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: N/A SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): N/A IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): N/A SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): N/A NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): N/A a AQUIFER PROTECTION AREA ONE D AQUIFER PROTECTION AREA TWO D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION a SHORELINE STREAMS AND LAKES D WETLANDS LEGAL DESCRIPTION OF PROPERTY (Attach leaal description on seoarate sheet with the following infonnation included) sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. SITUATE IN THE NW QUARTER OF SECTION __H_, TOWNSHIP 23N , RANGE__Q£_, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Final Plat / 1vl'cl u ,7 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Me~ :i0-4.JI-...sd!j( , declare that I am (please check one) ,;' the current owner of the property involved in this applicatiO or __ the auth ired representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. Jr)0,d4 'v'--u-o (Signature of Owner/R~resentative) .J !;)UfYI S/-«<t"I., (Signature of Owner/Representative) I certify that I know or have satisfactory evidence that ~~ signed this instrument and acknowledged it to be his/her/thei eanctY01ntary act for the uses and purposes mentioned in the instrument IMtUIIHfl ,#._'~ ,,,~ I~ \ ,~_,:'u~\ Notary Public in and for the State of wi_h_ i on /1111\, .. ~J '."!-. ~ / :.,;;:. ~ .. !I ., , .. ~r'°~ ,et," .. Notary (Print) d, A7'>R ~.,.. :....s My appointment expires:_..,..:.f_._zS_-_1)_'7 ___ _ N:\2001\01019\Legal\OIOl9LI I Land Use Master App.doc! 1/15/06 PARCEL Ac IJCAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION Order No.: 1175456 LCT 1, KING COUNTY SHORT PLAT NUMBER 678063-R, RECORDED UNDER RECORDING NUMBER 7812110857. PARCEL Be THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILlAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS, BEGINNING AT A POINT NORTH 00°28'02" WEST A DISTANCE OF 30.00 FEET AND NORTH 88°55'44" WEST A DISTANCE OF 30.00 FEET FROM THE CENTER OF SAID SECTION 14; THENCE ALONG THE WESTERLY MA.~GIN OF THE AUGUST GERBER ROAD (156TH AVENUE SOUTHEAST) AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 1094241, NORTH 00°28'02" WEST A DISTANCE OF 472.53 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING NORTH 00°28'02" WEST A DISTANCE OF 157.51 FEET; THENCE NORTH 89°01'16" WEST A DISTANCE OF 1248.07 FEET TO THE EAST LINE OF THE WEST 30.00 FEET OF SADI SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG SAID EAST LINE SOUTH 00°33'02" EAST A DISTANCE OF 157.07 FEET; THENCE SOUTH 88°59'57" EAST A DISTF.l'iCE OF 1247.82 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS CONVEYED TO FRANKLIN T. TETER AND C. LENA TETER, HUSBAND AND WIFE, BY DEEDS RECORDED UNDER RECOi<DING NUMBERS 6400741 AND 6417877. PARCEL C, PARCEL A, CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA-06-052-LLA, HIGHLANDS PARK, RECORDED UNDER RECORDING N\;"MBER 20061011900002, IN KING COUNTY, WASHINGTON. PARCEL De LOT 4, KING COUNTY SHORT PLAT NUHBSR 48<!106, RECORDED UNDER RECORDING NlJMBER 8505170617. f' ·.--, . . T I'"," IEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE PPLICATIONS t!fJi/ ;~ il1Cf•7n LAND USE PERMIT SUBMITTAL REQUIREMENTS: Calculations 1 Colored Maps for Display 4 Construction Mitigation Description 2 AND 4 Density Worksheet 4 Drainage Control Plan, Drainage Report 2 Elevations, Architectural, AND, Environmental Checklist, Existing Covenants (Recorded Copy), Existing Easements (Recorded Copy) , Flood Hazard Data, Floor Plans , AND, Geotechnical Report, AND, Grading Plan, Conceptual, Grading Plan, Detailed 2 Habitat Data Report 4 King County Assessor's Map Indicating Site, Landscape Plan, Conceptual, Landscape Plan, Detailed, Legal Description, List of Surrounding Property Owners, Mailing Labels for Property Owners, Map of Existing Site Conditions, Master Application Form, Monument Cards (one per monument) 1 Neighborhood Detail Map 4 9-Jn.nt,U,-p10 ,_ This requirement may be waived by: 1 . Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section C{•r' .k > I . d /!J.,;cLl WAIVED MODIFIED COMMENTS: BY: BY: ~ p ' '-.II 8 If r --Iv 1.J./)), P,';1--, ~ ' u p~ u rc4. fviciv ft, Pcavf.i,=J PROJECT NAME rf:)AiwYi,LJ lb/ L :ft,yJ., ft.,1- DA TE: ~-1.1_,,,z...'l-l"""z_,__1 µI rLLJit""-----2-·~--r I IEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY: BY: Parking, Lot Coverage & Landscaping Analysis , Plan Reductions (PMTs), Plat Name Reservation , Postage, Preapplication Meeting Summary 4 Public Works Approval Letter, Rehabilitation Plan 4 Screening Detail 4 Site Plan 2 AND 4 Stream or Lake Study, Standard 4 Stream or Lake Study, Supplemental 4 .~i ' f, y;t/_.Ul ftO is1"u<-~2.---' Stream or Lake Mitigation Plan 4 ~\: i,P(/'tC/ A-r tJl'1 -,,r f<. Street Profiles 2 I Title Report or Plat Certificate , Topography Map 3 T ralfic Study 2 Tree Cutting/Land Clearing Plan 4 Urban Center Design Overlay District Report 4 Utilities Plan, Generalized 2 Wetlands Mitiaation Plan, Final 4 ::1J\ / f!([}/'d):.ffi{.. aLf tn -Gar Wetlands Mitigation Plan, Preliminary 4 ·:?/J (;8101;&, a,& W?«~tr--;{ Wetlands Report/Delineation 4 Wireless: Applicant Agreement Statement , AND, Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND, Photosimulations 2 AND, This requirement may be waived by: 1. Property Services Section PROJECT NAME: ______________ _ 2. Public Works Plan Review Section 3. Building Section DATE _____ . 4 Development Planning Section 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. 789 203 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: -----'-'12,,_,6"-'-'-1 9"-'0=----square feet __ ___,,,5"-1'-"6,.,,8,....._ __ square feet ----"a _____ square feet 2. __ 1~3~1~3~5~8~-square feet 3. -~6~5~7~8~4~5~-square feet 4. __ 1,.,5"". 1.,_,0,,_.,2,..,0,.....__ acres 5. -----'-7=-3 ___ units/lots 6. Divide line 5 by line 4 for net density: 6. 4.83 = 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 floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. N:\2001 \01019\Legal\Ol O 191.10 Density Wksh1.doc Last updated: I 1/15/2006 I .,.--..., Core Design, Inc. CORE 1477 I N.E. 29th Place, Suile 7 0 J Bellevue, Washington 98007 425.885.7877 Fax 425.885.7963 ~DESIGN November 19, 2006 Core Job No. 01019 City of Renton Renton City Hall 1055 South Grady Way Renton, WA 98055 Subject: Highlands Park Final Plat Attention Final Plat R~viewer: www.coredesigninc.com As a condition of Final Plat submittal, the following addresses the conditions of approval from the Hearing Examiner on the above-referenced project, including the revised mitigations measures recommended by the Environmental Review Committee. I. The applicant shall comply with all requirements of the Revised Determination of Non- Significance-Mitigated that was issued by the Environmental Review Committee on February 6, 2006. Included herein as Items A through F hcloH·: a. The applicant shall comply with the recommendations contained within the geotechnical report dated October 10, 2005, prepared by Teffa Associates, Inc. The developer will monitor all site preparation and earthwork to insure compliance with the recommendations of the geu/ec:hnica/ report and the approved construction plans. b. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of$488.00 per new single-family lot prior to the recording of the final plat. c. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip associated with the project prior to the recording of the final plat. d. The applicant shall pay the appropriate Parks Mitigation Fee based on S530.76 per new single-family lot prior to the recording of the final plat. All required fees will be paid prior ro rhe recording of the.final plat. e. The project shall comply with the 2005 King County Surface Water Design Manual for both detention (Conservation Flow Control -Level 2) and water quality facilities. The approved construction p/a11s hu,·c been prepared to comply with these requireme11ts. N:12001\01019\Docs\01019ltr04 C Renton Response.doc ENGINEER I NG PLANNING SURVEYING 12/19/06 Amberwood I I -Final Plat Reviewer f. Clearing and grading activities shal I comply with the tree retention plan dated January 26, 2006, in order to preserve at leost 25% of existing significant trees on the site. The approved construction plans have been prepared to comply with these requirements. 2. The applicant shall submit a fencing plan for the storm water detention pond (Tract 997). Fencing shall be consistent with the requirements of the King County Surface Water Design Manual. The satisfaction of these requirements shall be subject to the review and approval of the Development Services Division prior to the recording of the final plat. This condition will be met by actio11 taken by the developer. 3. A 6-foot paved pedestrian walkway connection, to be located within the existing recorded access easement, shall be provided from Vesta Avenue SE through proposed Tract 998 (park) to the internal plat road. This walkway shall be shown on the final plat. The easement shall not interfere with the existing third party easement in that location. The required walkway will be constructed as a part of the site development. The required easement has been shown on the final plat. 4. 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 2001 Stormwater Management Manual, and to provide staff with a Construction Mitigation Plan prior to issuance of construction permits. The required plans have been prui"idec! and approved by the City. 5. "If the applicant wishes to make minor adjustments to lots in the vicinity of the southerly portion of the site based upon the land area that would be gained by a vacation of the portion of the Rosario Avenue S.E. unimproved right-of-way that had been the subject of City of Renton Vacation File No. V AC-05-004 (ultimately withdrawn), the applicant shall (a) file a new vacation application, (b) submit an application for a minor amendment to the preliminary plat, and ( c) finalize and record the vacation prior to or concurrent with the recording of the final plat." The developer does not wish to p11rs11e a mcation ofthe right-of:way. 6. 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. This condition will be met by actwn taken by the developer. A copy ol the CC&Rs will be provided to the City for review prior to final plat approval. Pg:2 12/19/06 Amberwood I I -Final Plat Reviewer 7. The applicant shall resolve the adverse possession claim and adjust lot sizes if necessary to accommodate any property transfer. A lot line adjustment has been processed and approved to resolve the boundmy issue. I trust this will comply with your requirements for a compliance letter regarding Highlands Park plat approval conditions. If you have any questions, please don't hesitate to call. Sincerely, 71;2 Stephen J. Schrei, P.L.S. Project Surveyor Pg: 3 I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to HOMEOWNERS ASSOCIATION OF HIGHLANDS PARK a/an WA Non-Profit Corporation. Charter documents are effective on the date indicated below. Date: l /24/2007 CBI Number: 602-690-125 APPID: 747172 Given under my hand and the Seal of the State of Washington at Olympia, the State Capital Sam Reed, Secretary of State , DRAFT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HIGHLANDS PARK HOMEOWNERS' ASSOCIATION THIS DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR HIGHLANDS PARK ("Declaration") is made on the date hereinafter set forth by Bumstead Construction Company, ("Declarant"), wr10 is the owner of certain land situated in the State of Washington, County of King, known as Highlands Park (hereinafter referred to as "Highlands Park"), which is more particularly described in Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein by this reference. In order to ensure preservation of the residential environment at Highlands Park, Declarant agrees and covenants that all land and improvements now existing or hereafter constructed thereon shall be held, sold, conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easements, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all of such lands and the owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties thereof and shall inure to the benefit of each owner thereof and to the benefit of the Highlands Park Homeowners' Association and shall otherwise in all respects be regarded as covenants running with the land. ARTICLE I DEFINITIONS For the purposes of the Declaration and the Articles of Incorporation and the Bylaws of Highlands Park Homeowners' Association, certain words and phrases shall have particular meanings as follows: Section 1. "Association" shall rnean and refer to HIGHLANDS PARK HOMEOWNERS' ASSOCIATION, its successors and assigns. Section 2. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article X. For purposes of exercising the powers and duties assigned in this Declaration to t11e Board, this term shall also mean the Initial Board of Declarant, as provided in Article II, unless the language or context clearly indicates otherwise. Section 3. "Properties" subject to this Declaration shall mean and refer to the real property described with particularity in Exhibit "A" and shown on Exhibit "B", and such Other Parcels which may hereafter be brought within the jurisdiction of the Association. Section 4. "Owner" or "Lot Owner" shall mean and refer to record owner (whether one or more persons or entities) of a fee interest in any Lot, including the Declarant and • participating Builders, but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. Section 5. "Common Areas" and "Common Maintenance Areas". Common Areas shall mean and refer to any of the real property (including the improvements thereon) owned by the Association for the common use and enjoyment of the members of the Association. Common Maintenance Areas shall mean those portions of all real property (including the improvements thereon) maintained by lhe Association for the benefit of the members of the Association. Section 6. "Lot" shall mean and refer to any plot of land, excluding tracts, as shown upon any recorded subdivision map of the Properties. Lot shall include the Residence located thereon. Section 7. "Declarant" shall mean BURNSTEAD CONSTRUCTION COMPANY, a Washington Corporation, and any of its successors and assigns who identifies itself as a successor declarant in a recorded instrument and who assumes all the obligations of HIGHLANDS PARK as declarant under the agreement. Section 8. "Architectural Control Committee" shall refer to the duly appointed or elected committee of the Board of Directors as outlined in Article XI of this Declaration, hereinafter referred to as the "Committee". Section 9. "Development Period" shall mean and refer to that period of time defined in Article II of this Declaration. Section 10. "Plat" shall mean and refer to the Plat of Highlands Park as recorded on ____ in the records of King County, State of Washington, under Recording No. ___ _ Section 11. "Residence" shall mean and be limited to single family residences only occupying any Lot. Section 12. "Other Parcels" shall mean those parcels of land which may be added to the Properties. ARTICLE II DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT Section 1. Management by Declarant. "Development Period" shall mean that period of time from the date of recording the Declaration until (1) a date twenty (20) years from the date of recording this Declaration or (2) the thirtieth (30th) day after Declarant has transferred title to the purchasers of Lots representing 99 percent of the total voting power of all Owners as then constituted or (3) the date on which Declarant elects to permanently relinquish all of Declarant's authority under this Article II by written notice to all Owners, whichever date first occurs. Until termination of the Development Period, the Property shall be managed and the Association organized at the sole discretion of the Declarant. Section 2. Initial Board. Declarant may, in its sole discretion, and at such times as the Declarant deems appropriate, appoint three persons who may be Owners, or are representatives of corporate entities or other entities which are Owners, as an Initial Board. This Initial Board shall have full authority and all rights, responsibilities, privileges and duties to manage tt1e Properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles and the Bylaws, provided that after selecting the Initial Board, the Declarant, in the exercise of its sole discretion, may at any time terminate the Initial Board and reassume its management authority under Article II or select a new Board under this section of Article II. Section 3. Notice to Owners. Nol less than fourteen (14) nor more than sixty (60) days prior to the termination of the Development Period, the Declarant shall send written notice of the termination of the Development Period to the Owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association. Notwithstanding any provision of the Articles or Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the Owners of twenty (20) Lots shall constitute a quorum. The term "proxy" is defined as "the authority or power to act for another, in person, or by document giving such authority". In other words, an Owner may designate another individual to act on their behalf. The Board of Directors and Officers of the Association rnay be elected by a majority vote of said quorum. If a quorum shall not be present, the Development Period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Owners to provide for the operation of the Association. Section 4. Management of Properties During Development Period. Declarant, or a managing agent selected by the Decla1·ant, and/or the Initial Board, shall have the power and authority to exercise all the rights, duties and functions of the Board of Directors and generally exercise all powers necessary to carry out tile provisions of this Declaration. Section 5. Purpose of Development Period. These requirements and covenants are made to ensure that the Properties shall be adequately administered in the initial stages of development and to ensure an orderly transition to Association operations. Each Owner accepts this management authority in Declarant. Section 6. Expenditures During Development Period. During the Development Period, Declarant, or any agent of Declarant, shall have the sole discretion to use and consume all or so much of the dues paid in as in Declai-ant's judgment is necessary or expedient in maintaining the Common Maintenance Areas and carrying out the other functions of the Association. This includes, but is not limited to, any legal fees associated with Declarant, or any agent of Declarant carrying out any duties during the Development Period, including all costs associated with turning over the Association after the expiration of said Development Period. Upon termination of the Development Period, Declarant shall deliver any funds remaining to the Association. ARTICLE Ill EASEMENTS Section 1. Easements for Utilities. A private easement is hereby reserved for and granted to Puget Sound Energy Company, Qwest, Comcast, (other private utilities), and their respective successors and assigns, under and upon all private streets, alleyways or private drives, including the 20 foot private access and utility easement shown on lots 13 and 56, the 26 foot private access and utility easement shown on lot 11 and Tract 999, and the exterior ten (10) feet parallel with and adjoining the street frontage of all lots, tracts and common areas in which to install, lay, construct, renew, operate and maintain underground conduits, cables, pipe and wires with necessary facilities and other equipment for the purpose of serving this subdivision and other property with electric, telephone, gas television cable and other utility services together with the right to ente1· upon the lots, tracts and common areas at times for the purposes herein stated. Section 2. City of Renton Easements. The City of Renton shall have the right to enter the private drainage easements shown hereon to repair any deficiencies of the drainage facility in the event the owner(s) is/are negligent in the maintenance of the drainage facilities. These repairs shall be at the owner's cost. The 15-foot drainage easement shown on lot 73 is hereby reserved for and granted to the City of Renton for public storm drainage facilities. The City of Renton is hereby responsible for the maintenance of the public drainage facilities within said easement. The 20-foot drainage easement shown on lot 55 is hereby reserved for and granted to the City of Renton for public storm drainage facilities. The City of Renton is hereby responsible for the maintenance of the public drainage facilities within said easement. The 15-foot sanitary sewer easement shown on lot 55 is hereby reserved for and granted to the City of Renton for sanitary sewer facilities. The City of Renton is hereby responsible for the maintenance of the public sanitary sewer facilities within said easement. The 15-foot sanitary sewer easement shown on Tract 998 is hereby reserved for and granted to the City of Renton for public sanitary sewer facilities. The City of Renton is hereby responsible for the maintenance of the public sanitary sewer facilities within said easement. Section 3. King County Water District 90 Water Main Easement. The 20-foot water easement shown on Tract 998 is hereby reserved for and granted to King County Water District 90 for public waler facilities. Said district is hereby responsible for the maintenance of the public water facilities within said easement. Section 4. Private Easements. The 5-foot private sanitary sewe1· and drainage easement shown on lot 15 is for the benefit of lot 10. The owners of said benefited lot shall be responsible for the maintenance of the private sanitary sewer and drainage facilities within said easement. The 10-foot private drainage easement shown on lots 1, 2 and 3 is for the benefit of lots 1, 2, 3 and 4. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. 4 The 10-foot private drainage easement shown on lots 5, 6 and 7 is for the benefit of lots 5, 6, 7 and 8. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The private drainage easement shown on Tract 999 is for the benefit of lot 9. The owners of said benefited lot shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot by 13-foot private drainage easement shown on Jot 11 is for the benefit of lot 12. The owners of said benefited lot shall be responsible for the maintenance of the private drainage facilities within said easement The 5-foot private drainage easement shown on lots 12 and 13 is for the benefit of lots 12, 13 and 14. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 13, 15 and 16 is for the benefit of lots 12, 15, 16 and 18. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lot 18 is for the benefit of lots 17 and 18. The owners of said benefited Jots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lot 19 is for the benefit of lots 19 and 20. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 21 and 22 is for the benefit of lots 21, 22 and 23. The owners of said benented lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 23, 24 and 25 is for the benefit of lots 23, 24, 25 and 26. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 26, 27 and 28 is for the benefit of lots 27, 28 and 29. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lot 32 is for the benefit of Jot 30. The owners of said benefited lot shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 33, 34 and 35 is for the benefit of Jots 32, 33 and 34. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. 5 The 10-foot private drainage easement shown on lots 36 and 37 is for the benefit of lots 35, 36 and 37. The owners of said LJenefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lot 39 is for the benefit of lot 38. The owners of said benefited lot shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 40, 41 and 44 is for the benefit of lots 39, 40, 41 and 42. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 45 and 46 is for the benefit of lots 46 and 47. The owners of said benefited lots shall be responsible for the maintenance of the private drain age facilities within said easement. The 10-foot private drainage easement shown on lots 48 and 49 is for the benefit of lots 48, 49 and 51. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lot 50 and 51 is for the benefit of lots 31 and 50. The owners of said benefited lot sl1all be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 53, 54 and 56 is for the benefit of lots 52, 53 and 54. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 5-foot private drainage easement shown on lot 56 is for the benefit of lot 55. The owners of said benefited lot shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lot 58 is for the benefit of lot 57. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on Jots 59, 60, 61 and 62 is for the benefit of lots 58, 59, 60 and 61. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 63 and 64 is for the benefit of lots 62 and 63. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 65, 66 and 67 is for the benefit of Jots 64, 65 and 66. The owners of said benefited Jots shall be responsible for the maintenance of the private drainage facilities within said easement. (, The 10-foot private drainage easement shown on lots 68 and 69 is for the benefit of lots 67 and 68. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 70 and 71 is for the benefit of lots 69, 70 and 71. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot by 10-foot private drainage easement shown on Tract 997 is for the benefit of lot 72. The owners of said benefited lot shall be responsible for the maintenance of the private drainage facilities within said easement. The 10-foot private drainage easement shown on lots 67, 68, 69, 70, 71, 72 and Tract 997 is for the benefit of lots 66, 67, 68, 69, 70. 71 and 72. The owners of said benefited lots shall be responsible for the maintenance of the private drainage facilities within said easement. The 5-foot private water easernent shown on lots 56 and 57 is for the benefit of lots 55 and 56. The owners of said benefitec1 lots shall be responsible for the maintenance of their private water facilities within said easement. The 5-foot private water easement shown on lot 15 is for the benefit of lot 14. The owners of said benefited lot shall be responsible for the maintenance of their private water facilities within said easement. The 5-foot private drainage easement shown on lot 12 is for the benefit of lot 13. The owners of said benefited lot shall be responsible for the maintenance of their private water facilities within said easement. The 20-foot private access and utility easement shown on lot 13 is for the benefit of Jot 14. The owners of said lots 13 and 14 shall be responsible for their respective private utility facilities and share equally in the maintenance responsibilities of the access and utilities used in common with said easement. The 26-foot private access and utility easement shown on lot 11 and and Tract 999 is for the benefit of lots 9 and 10. The owners of said lots 9 and 10 shall be responsible for their respective private utility facilities and share equally in the maintenance responsibilities of the access and utilities used in common with said easement. The 20-foot private access and utility easement shown on lot 56 is for the benefit of lot 55. The owners of said lots 55 and 56 shall be responsible for their respective private utility facilities and share equally in the maintenance responsibilities of the access and utilities used in common with said easement. Section 5. Miscellaneous Easements and Restrictions. (i) No further subdivision of any Lot shall be allowed without resubmittal for formal plat procedure.; (ii) No Lot or portion of a Lot in the Plat shall be divided and sold or resold or ownership changed or transferred whereby the ownership of any portion of the Lot shall be less than the area required for the use district in which located.; (iii) Street trees have been planted by the Declarant. All street trees shall be owned and maintained by the Association. The Association shall have the right to trim trees and all Owners hereby waive any and all objection to such trimming. No Owner may remove a street tree but shall notify the Association if the street tree appears diseased or dead.; (iv) The City of Renton shall be responsible for maintaining all rights-of-way within the Plat; (v) The Association shall establish and periodically update "Rules and Regulations" which shall apply to all Lot Owners within Highlands Park. Section 6. Access Easements. The Association and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the purposes stated below. Owners hereby grant to the Association, the Board, and the Declarant, and their individual agents, an express access easement for purposes of going upon the Lots of Owners for the following purposes: (i) The maintenance, repair, replacement, or improvement of any Common Maintenance Areas accessible from that Lot; (ii) Emergency repairs necessary to prevent damage to the Common Maintenance Areas or to another Lot or the improvements thereon; (iii) Cleaning, maintenance, repair, or restoration work which the Owner is required to do but has failed or refused to do; and (iv) The removal of Vehicles, goods, equipment, devices or other objects which are parked or stored in violation of the terms of this Declaration. Except in an emergency where advanced notice is not possible, these easements shall be exercised only after reasonable notice to the Owner. ARTICLE IV COMMON AREAS AND COMMON MAINTENANCE AREAS Section 1. Common Maintenance Areas. Common Maintenance Areas shall include those portions of all real property (including improvements thereon) maintained by the Association for the benefits of the members of the Association. The areas to be maintained by the Association are: Tracts 997, 998 and 999; including entry signage and landscaping including water and electric; street trees and the mailbox stands located throughout the Properties. The Association shall have the right and the obligation to maintain the Common Maintenance Areas and shall pay the actual cost of the same from annual or special assessments as appropriate. Section 2. Alteration of the Common Areas and Common Maintenance Areas. Nothing shall be altered, 01· constructed in, or removed from the Common Areas or Common Maintenance Areas except upon prior written consent of the Association. Section 3. Dumping in Common Areas and Common Maintenance Areas. No trash, plant or grass clippings or other debris of any kind shall be dumped, deposited or placed on or within the Common Areas or Common Maintenance Areas. Section 4. Other Maintenance Costs for Association. In addition to maintaining the Common Areas and Common Maintenance Areas, the Association shall also be responsible for the payment of the electric bills incurred in connection with the operation of the streetlights within the Properties until the utility provider for the streetlights directly bills the individual Lot Owners. ARTICLE V TRACTS Section 1. Drainage Tract. Tract 996 is a storm detention tract and shall be owned and maintained by the Association. Section 2. Neighborhood Park. Tracts 998 and 999 contain a neighborhood park which is owned by the Association and is to be used only by the residents of Highlands Park and their invited guests The park can be used between the hours of 8:00 am and 1 O:OOpm. Homeowners will bear financial responsibility for any damage or problems resulting from park use as well as routine maintenance costs. No use of the park shall be made which unreasonably interferes with the ability of the homeowners to enjoy their property. The Board will develop rules which will regulate use of the park. If owners, their relatives, invitees or guests breach the regulations of the Board governing park use, their privilege to use the park shall be revoked. Each individual owner covenants for itself, its heirs, successors, assigns and tenants. that is shall assume all risks associated with park use, including but not limited to the risk of property damage or personal injuries resulting from the use of the park and shall indemnify and hold harmless the Declarant, the Association and the Board of Directors of the Association from any liability, claims or expenses, including attorneys' fees arising from property damage or personal injuries resulting from the use of the park. Owners who wish to reserve the park for special events, must make arrangements with the Homeowners' Associations to do so. ARTICLE VI MAINTENANCE OF THE COMMON MAINTENANCE AREAS AND SITES; DELEGATION OF MANAGEMENT () Section 1. Responsibility for Maintaining Common Maintenance Areas. The Association is responsible for maintaining and preserving the character and function of areas designated on the face of the Plat and these covenants as Common Maintenance Areas. Common Maintenance Areas have been set aside for landscaping and community identification purposes and those areas are referred lo in Article IV, Section 2 above. Section 2. Repair of Common Maintenance Areas. Any damage to Common Maintenance Areas or improvements thereon, including landscape plantings, sprinkler systems, fences, berms, etc., by the Owners or their children or guests shall be repaired by the Association and the Owner who caused the area to be damaged shall be responsible for reimbursing the Association all costs incurred by the Association for the repairs. The Owner shall be obliged to immediately remit funds for the repair to the Association. If the Owner fails to promptly make payment for such repairs, the Owner shall be charged interest at the rate of twelve ( 12%) percent per annum. Section 3. Management. Each Owner expressly covenants that the Board and the Declarant, during the Development Period, may delegate all or any portion of their management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for maintenance and the operation of Common Maintenance Areas and any portion thereof. Any management agreement or employment agreement for the maintenance or management of the Common Maintenance Areas or any portion thereof shall be terminable by the Association without cause upon 90 days' written notice thereof; the term of any such agreement shall not exceed three (3) years, renewable by agreement of the parties for successive three (3) year periods. Each Owner is bound to observe the terms and conditions of any such management agreement or employment contract, all of which shall be made available for inspection by any Owner on request. Fees applicable to any such management, employment or service agreement shall be assessed to the Association or Owners. ARTICLE VII ASSESSMENTS Section 1. Creation of Lien and Personal Obligation. Each Owner of any Lot, by acceptance of a deed therefore, whether it shall be so expressed in each deed, is deemed to covenant and agree to pay to the Association ( 1) annual assessments or charges; (2) special assessments for capital improvements; and (3) special assessments for legal fees and damages. If the Owner fails to timely pay assessments within thirty (30) days of the date specified by the Association, the annual arid special assessments, together with any interest, costs and any reasonable attorneys' fees mcurred to collect such assessments, shall be a lien on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with any interest, costs and reasonable attorneys' fees incurred in attempting to collect the assessment, shall also be the personal obligation of the person who is the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by them. The Association shall record such liens in the Office of the Snohomish County Auditor. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents I II of the Properties and for the improvement and maintenance of the Common Maintenance Areas as provided in Article IV. Lots. Section 4. Computation. It shall be the duty of the Board to prepare a budget covering the estimated costs of operating the Association during the coming year, which shall include a capital reserve. Within thirty (30) days after adoption by the Board of Directors of the budget, the Board shall set a date for a meeting of the members to consider ratification of the budget, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the budget, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 5. Revised Budget. If the financial circumstances of the Association materially change during any year, the Board may prepare a revised budget for the balance of the year Within thirty (30) days after adoption by the Board of Directors of the revised budget, the Board shall set a date for a meeting of the members to consider ratification of the revised budget, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the revised budget, in person or by proxy, the revised budget sl1all be ratified, whether or not a quorum is present. In the event the revised budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 6, Special Assessll]~nts for Capital Improvements. In addition to the annual assessments authorized above, Ille Association may levy, in any assessment year, a common assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction. mco11struction, repair or replacement of a capital improvement upon the Common Maintenance Areas not provided by this Declaration, including fixtures and personal property related thereto. Within thirty (30) days after adoption by the Board of Directors of the special assessments for capital improvements, the Board shall set a date for a meeting of the members to consider ratification of the special assessment, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special assessment, in person or by proxy, the special assessment shall be ratified. whether or not a quorum is present. Section 7. Special Assessments for Legal Fees and Damages. In addition to the annual and special assessments authorized above, the Deciarant, during the Development Period, or the Association may levy in any assessment year a special assessment for the purpose of defraying, in whole or in part. ( 1) the cost of legal fees and costs incurred in legal actions in which the Association is a party, (2) the cost of legal fees and costs incurred in any action in which a member of either the Board or Committee is named as a party as a result of a decision made or action performed while acting in behalf of the Association, or (3) any other reasonable expenses incurred by the Association. Within thirty (30) days after adoption by the Board of Directors of the special assessment for legal fees and damages, the Board shall set a date for a meeting of the members to consider ratification of the special assessment, not less 11 than fourteen nor more than sixty days after mc1iling of the summary Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special assessment, in person or by proxy, the special assessment shall be ratified, whether or not a quorum is present. Section 8. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and must be collected on an annual basis. Section 9. Date of Commencement of Annual Assessment; Due Dates. The annual assessments described in this Article shall commence on January 1, 2008. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. After the Development Period expires, the Board of Directors shall fix the annual assessment. Written notice of the annual assessment shall be sent to every Owner subject to such assessments. The due date shall be established by the Board of Directors. The Association shall. upon demand and for a reasonable charge, furnish a certificate signed by an officer or the administrator of the Association setting forth whether the Assessment on a specified Lot has been paid. Section 10. Effect of Non-Payment of Assessments; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest at the rate of twelve percent ( 12%) per annum. Each Owner hereby expressly vests in the Association or its agents the right and power to bring all actions against such Owner personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, inciuding foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association and shall be for the benefit of the Association. The Association shall have the power to bid in an interest at foreclosure sale and to acquire, hold, lease. mortgage and convey the same. The Owner is responsible for payment of all attorneys' fees incurred in collecting past due assessments or enforcing the terms of assessment liens (see Article XV, Section 4 ). No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Maintenance Areas or abandonment of his Lot. The Association shall have the right to suspend the voting rights of an Owner for any period during which any assessment against the Loi remains unpaid for a period not to exceed sixty (60) days for any infraction of the terms of eitl1er this Declaration, the Articles or the Bylaws of the Association. Section 11. Subordination of the Lien to Mortgage. The lien for assessment provided for in this Article shall be subordinate to the lien of any first mortgage Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale or transfer, however, shall relieve such Lot from liability for any assessments which thereafter become due or from the lien thereof Section 12. Exempt Propert'l,'.. All property dedicated to and accepted by the City of Redmond shall be exempt from the assessments provided for in this Article. 12 Section 13. Budget Deficits During Declarant Control. In the event there is a deficit between the actual operating expenses of the Association (but specifically not including an allocation for capital reserves). and Hie sum of the annual, special and specific assessments collected by the Association in any fiscal year, Declarant, or its members individually, may, in their sole discretion, contribute funds to the Association in order to satisfy the shortfall, or any portion thereof. ARTICLE VIII MAINTENANCE OF LOTS Section 1. Exterior Maintenance by Owner. Each Lot and Residence shall be maintained by the Owner in a neat, clean and sightly condition at all times and shall be kept free of accumulations of litter, junk, containers, equipment, building materials and other debris. All refuse shall be kept in sanitary cunlainers sealed from the outlook of any Lot. The containers shall be emptied regularly and their contents disposed of off the Lot. No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost device (approved by the Committee) shall be permitted. The Owners of each Lot shall maintain the lawn and landscaping on the Lot in a condition consistent with the maintenance standards of the Plat. This includes, but is not limited to, adequate watering, removing weeds, mowing, edging and fertilizing. This obligation to maintain landscaping extends into the public right-of- way along the front of the Lot. Lot Owners shall maintain any lawn and or plantings in the median strip between the sidewalk and edge of curb. Section 2. Parking of Vehicles; Storage of Goods, Equipment or Devices. There shall be no permanent and/or temporary storage of goods, Vehicles, as defined below, equipment, or devices permitted in open outlook from any Lot or right-of-way. The term "Vehicles" as used herein shall include, without limitation, automobiles, vans or trucks with or without business logo, campers, trucks, busses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters, go-carts, and any other towed or self-propelled transportation type vehicle. The term "Passenger Vehicles" as used herein shall include passenger automobiles, vans. small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. The term "Commercial and Recreational Vehicles" as used herein shall include, without limitation, vans or trucks with business logos, campers, busses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters, and go-carts. The following restrictions apply: (i) Parking areas shall refer to the number of garage parking spaces All Vehicles must be parked within garages. Driveway areas in front of garages shall be considered parking areas for Passenger Vehicles only and only to the extent that sufficient parking spaces are not provided in the garage for all the Vehicles used by the Occupants of the Lot.: (ii) No Commercial and/or Recreational Vehicle shall be permitted on the driveway or any other portion of the Owner's Lot, except within a garage, however, Recreational Vehicles shall be allowed to park on the driveway for a maximum forty-eight (48) hour period, for the sole purpose of loading and unloading the Recreational Vehicle; 1] (iii) No Passenger Vehicles shall be parked on any driveway or any other portion of an Owner's Lot if there is available parking within the garage; (iv) No Vehicles and/or Passenger Vehicles shall be parked overnight on any right- of-way adjoining any Lot; provided that vehicles belonging to guests may occasionally be parked during the day in the right-of-way adjoining a Lot.; (v) No Passenger Vehicles parked on the driveway may extend over the sidewalk and/or into the right-of-way.; and (vi) Owners who have visiting guests intending to stay may secure written permission from the Association for such guests to park their Vehicle upon the Lot owned by the Owner for a maximum period of one (1) week within a thirty (30)-day period. Such a privilege shall only exist, however, after the written permission has been obtained from the Association. The Association shall give an Owner a written notice of an improperly parked or stored Vehicle and/or improperly stored goods, equipment, or devices. The Owner shall have twenty-four (24) hours to remove said Vehicle and/or goods, equipment, or devices. If the Owner has not removed the said Vehicle within the required time period, the Association may have the Vehicle towed at the Owner's expense; fine the Owner $25 per day until the Vehicle is removed; and/or place a lien against the Owner's Lot. If the Owner has not removed the said goods, equipment, or devices, within the required time period, the Association may have the goods, equipment, or devices removed; fine the Owner $25 per day until the goods, equipment, or devices are removed, and/or place a lien against the Owner's Lot. Section 3. Lot Maintenance by the Association. In the event an Owner fails to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of the Highlands Park community, the Association shall, upon receipt of written complaint of any Owner, or upon its own initiative, and a subsequent investigation, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Association within fourteen (14) days after mailing of adequate notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Association shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by law. In the event that the estimated cost of such repair should exceed one-half of one percent of the assessed value of the Lot and improvements on that Lot, the Association shall be required to have the consent of fifty-one percent (51 % ) of the Members before undertaking such repairs. ARTICLE IX HOMEOWNERS' ASSOCIATION Section 1. Non-Profit Corporation. The Association shall be a non-profit corporation under the laws of the State of Washington. The Association may be an unincorporated Association during the Development Period, unless the Declarant elects to incorporate the Association. 14 Section 2. Membership. Every person or entity which is an Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot and shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the Transferee of title to the Lot. All Owners shall have the rights and duties specified in this Declaration, the Articles and the Bylaws of the Association. Section 3. Voting Rights. Owners, including the Declarant, shall be entitled to one vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that vote, but, in no event, shall more than one vote be cast with respect to any Lot, nor shall any vote be divided. The voting rights of any Owner may be suspended as provided for in this Declaration, the Articles and the Bylaws of the Association. Section 4. Meetings. Meetings shall be conducted in accord with the specifications set forth in the Bylaws of the Highlands Park Homeowners' Association. ARTICLEX MANAGEMENT BY THE BOARD Section 1. Enforcement of Declaration. The Board shall have the power to enforce the provisions of this Declaration and the rules and regulations of the Association for the benefit of the Association. The failure of any Owner to comply with the provisions of this Declaration or the rules and regulations of the Association will give rise to a cause of action in the Association (acting through the Board) and any aggrieved Owner for recovery of damages, or injunctive relief, or both. Section 2. Board of Directors. The number of Directors shall be set forth in the Bylaws. The Board of Directors shall be elected by the Owners in accordance with the Bylaws. All Board positions shall be open for election at the first annual meeting after termination of the Development Period. The terms of the Board are defined in the Bylaws. Section 3. Powers of the Board. i\11 powers of the Board must be exercised in accordance with the specifications which are set forth in the Bylaws. The Board. for the benefit of all the Properties and the Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted. the Board shall have the power and be responsible for the following, in way of explanation, but not limitation: (i) (ii) (iii) Insurance. Obtain policies of general liability insurance. Legal and Accounting Services. Obtain legal and accounting services, if necessary, to the administration of Association affairs, administration of the Common Maintenance Areas. or the enforcement of this Declaration. Maintenance. Pay all costs of maintaining the Common Maintenance Areas. 15 (iv) Maintenance of Lots. If necessary, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to (1) protect Common Maintenance Areas, or (2) to preserve the appearance and value of the Properties and/or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refused to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot for the cost of such maintenance. (v) Discharge of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the Properties or against the Common Maintenance Areas rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for tl1e existence of such liens, they shall be jointly and severally liable for the cost of discharging it and any costs or expenses, including reasonable attorneys' fees and costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot responsible to the extent of their responsibility. (vi) Utilities. Pay all utility charges attributable to Common Maintenance Areas. (vii) Security. Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots and Common Maintenance Areas constituting the residential community created on the Properties. (viii) Right to Contract. Have the right to contract for all goods, services, maintenance, and capital irnprovements provided. However, such right of contract shall be subject to Association approval. (ix) Improvement of Common Maintenance Areas. Improve the Common Maintenance Areas with capital improvements to such Common Maintenance Areas, subject to the terms of Article VII, Section 6. (x) Right of Entry. Enter any Lot or Residence when reasonably necessary in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot or Residence twenty-four (24) hours prior to such entry. Such entry must be m,ide with as little inconvenience to the Owners as practicable and any darnage caused thereby shall be repaired by the Board if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot). If the repairs or maintenance activities were necessitated by the Owner's neglect of the Lot, the cost of such repair or maintenance activity shall be specially assessed to that Lot. If the emergency or the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be assessed against the Owner of the other Lot. I r, (xi) Promulgation of Rules. Adopt and publish rules and regulations governing the members and their guests and establish penalties for any infraction thereof. (xii) Declaration of Vacancies. Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three consecutive regular meetings of the Board. (xiii) Employment of Manager. Employ a manager, an independent contractor, or such other employee as the Board deems necessary and describe the duties of such employees. (xiv) Payment for Goods and Service. Pay for all goods and services required for the proper functioning of the Common Maintenance Areas. (xv) Impose Assessments. Impose annual and special assessments. (xvi) Bank Account. Open a bank account on behalf of the Association and designate the signatories required (xvii) Easements. Execute any and all covenants, easements, or other necessary documentation relating to the use of Common Maintenance Areas. (xviii) Exercise of Powers Du_ties and Authority. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing herein contained shall be construed to give the Board authority to conduct a business for profit on behalf of all the Owners or any of them. ARTICLE XI ARCHITECTURAL CONTROL Section 1. Architectural Control Committee ("Committee"). The Committee shall consist of not less than three (3) and not more than five (5) members. It is not a requirement that members of the Committee be (1) Owners or (2) members of the Association. During the Development Period, the Declarant may elect to exercise and perform the functions of the Committee. If the Declarant elects not to perform this function or at any time elects to no longer perform this function, the Declarant or the Board shall appoint the Committee to function as herein provided. After termination of the Development Period, the functions of the Committee shall be performed by the Board until such time as the Board shall appoint and designate the Committee. The Committee shall be appointed within one month of the election of the Board following the termination of the Development Period. Section 2. Jurisdiction and Purpose. The Committee, or Declarant if a Committee has not been appointed, shall review proposed plans and specifications for accessory structures, fences, walls, appurtenant recreational facilities other exterior structures to be placed upon the Lots or Properties. No exterior addition or structural alteration may be made 17 until plans and specifications showing the nature, kind, shape, heights, materials and location of the proposed structure or alteration l1ave been submitted to and approved, in writing, by the Committee. The Committee shall also review proposals to change the exterior color of residences in the community. The Committee shall determine whether the exterior design and location of the proposed structure, alteration, or color change harmonizes with the surrounding structures, surrounding natural and built environment, and aesthetic character of other residences in the Highlnds Park community Section 3. Membership. The Committee shall be designated by the Board. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obliged to fill a vacancy on the Committee unless the membership of the Committee numbers less than three (3) persons. Section 4. Designation of a Representative. The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee with respect to both ministerial matters and discretionary judgments. The recommendations of such individuals are subject to review by the entire Committee at the request of any member of the Committee. Section 5. Voting. Committee decisions shall be determined by a majority vote by the members of the Committee. Section 6. Submission of Plans and Specs. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting construction plans and specs which include, but are not limited to: a site plan, architectural, grading, lighting, and landscape plans The plans and specifications should contain the following information: (i) Building elevations for all sides of the residence and/or accessory structures with reference to the existing and finished Lot grade. Include foundation, windows, garages, doorways, roof pitch, porches, decks, stairways; (ii) The elevation of the landscaping, retaining walls, and fences with reference to existing and finished Lot grade Materials, colors, and textures under consideration must be indicated. For proposed fences, retaining walls and rockeries, show relationship to walls, fences, rockeries, and grades on adjacent Lots.; (iii) Drainage flows; (iv) Exterior finish materials, colms, and textures under consideration. Include roof.; (v) Landscape plan. Indicate species of plant material, size and height, and location.; and (vi) Other information which may be required in order to determine whether the standards in this Declaration and the Design Guidelines set forth and referenced to in Article XIII, Section 2, have been met. rs Section 7. Evaluating Development Proposals. The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. The Committee shall determine whether the external design, color, building materials, appearance, setbacks, height, configuration, and landscaping of the proposed structure harmonize with the various features of the natural and built environment, the aesthetic character of the other homes in the Highlands Park community, and any other factors which affect the desirability or suitability of a proposed structure or alteration. Section 8. Approval Procedures. Within thirty (30) days after the receipt of plans and specifications, the Committee shall approve or disapprove the proposed improvement. The Committee may decline to approve plans and specifications which, in its opinion, do not conform to restrictions articulated in this Declaration or to its aesthetic standards. The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall return the plans and specifications to the address shown on the plans and specifications. In the event no disapproval of such plans and specifications is given within thirty (30) days of submission, the plans and specifications shall be deemed to be approved by the Committee and construction pursuant to the plans and specifications may be commenced. This provision shall not apply to plans and specifications for homes which will be constructed by Declarant. Section 9. Compliance with Codes. In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The Committee l1as no responsibility for ensuring that plans and specifications which it reviews comply with relevant building and zoning requirements. No person on the Committee or acting on behalf of the Committee shall be held responsible for any defect in any plans or specifications which are approved by the Committee nor shall any member of the Committee or any person actrng on behalf of the Committee be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee. Section 10. Variation. The Committee shall have the authority to approve plans and specifications which do not conform lo these restrictions in order to (1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the event the variation will not (1) place a detrimental impact on the overall appearance of the development, (2) impair the attractive development of the subdivision, or (3) adversely affect the character of nearby Lots or Common Maintenance Areas. Granting such a variation shall not constitute a waiver of the restrictions articulated in this Declaration. Variations shall only be granted in extraordinary circumstances. Section 11. Enforcement. In any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party's attorneys' fees, expert witness fees, and other costs incurred in connection with such a legal action or appeal (see Article XIV, Section 4). ARTICLE XII LAND USE RESTRICTIONS ] l) Section 1. Residential Restrictions. All Lots within the Properties shall be used solely for private single family residential purposes. Private single family Residences shall consist of no less than one Lot. Section 2. Property Use Restrictions. No Lot shall be used in a fashion which unreasonably intelieres with the Owner's right to use and enjoy their respective Lots or Common Maintenance Areas. The Board. the Committee designated by it, or the Declarant shall determine whether any given use of ll1e Properties and/or Lot unreasonably interferes with those rights and such determinations shall be conclusive. Section 3. Prohibition of Nuisances and Untidy Conditions. No noxious or offensive activity shall be conducted on any Lot or Common Maintenance Area nor shall anything be done or maintained on the Properties which may be or become an activity or condition which unreasonably interferes with the right of other Owners to use and enjoy any part of the Properties. No activity or condition shall be conducted or maintained on any part of the Properties which detract from the value of the Properties as a residential community. No untidy or unsightly condition shall be maintained on the Properties. Section 4. Fences, Walls & Shrubs. Fences, walls or shrubs are permitted to delineate the Lot lines of each Lot, subject to the approval of the Committee, unless they would inteliere with easements reflected on the face of the Plat and/or other easements elsewhere recorded. Fences, walls or shrubs shall be subject to the Design Guidelines set forth and referenced to in Article XIII. Section 5. Temporary Structure_s for Residential Purposes. No structure of a temporary character or trailer, recreational vehicle, basement, tent, shack, garage, barn, or other out buildings shall be used on any Lot at any time as a Residence, either temporarily or permanently. No vehicles parked in public rights-of-way may be used temporarily or permanently for residential purposes. All such structures shall be removed at the expense of the Owner of the Lot on which the structure is located. Section 6. Mining. No oil drilling, oil development operations, oil refining, quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation of shafts be permitted on or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Section 7. Animals. No animals. other than dogs, cats, caged birds, tanked fish, and other conventional small household pets, may be kept on any Lot. Animals shall not be allowed to run at large. Animals shall be kept on a leash or otherwise confined in a manner acceptable to the Board whenever outside the dwelling. Lot Owners shall be responsible for the removal of their animal's waste wherever it is deposited within the Property. Dog runs and enclosures shall be kept clean and odor free at all times. Those pets which are permitted to roam free, or, in the sole discretion of the Board, make objectionable noise, endanger the health or safety of, or constitute a nuisance or inconvenience to the occupants of other Lot Owners, shall be removed on the Board·s request. If the pet owner fails to honor such request, the Board may remove the pet. Pets shall be registered, licensed and inoculated as required by law. 20 If an investigation of the Board indicates animals are kept in violation of this section, the Board shall give the Owner ten (1 OJ days' written notice of the violation. Such violations must be remedied by the Owner within ten (10) days. r=ailure to comply with the written notice will result in a fine of $25 per day, plus late fees. The Association shall be entitled to attorneys' fees for any action taken to collect such fines in accordance with the provisions of Article XIV, Section 4. If an Owner violates provisions of this section regarding pens and enclosures on more than two (2) occasions, the Board may require the Owner to remove such structure. Section 8. Delegation of Use and Responsibilities. Any Owner may delegate, in accordance with the Bylaws of the Highlands Park Homeowners' Association, his right of enjoyment of Common Maintenance Areas lo members of his family, his tenants, or contract purchasers who reside on the property. In the event an Owner rents or leases his property, a copy of this Declaration, as well as any rules and regulations that may be adopted by the Association, shall be made available by the Owner to the prospective renter at the time of commitment to the rental agreement. Each Owner shall also be responsible for informing guests and service personnel of the contents of this Declaration, as well as any rules and regulations that may be adopted by the Association as they may relate to appropriate community behavior. Section 9. Trees and Outlooks. No trees, shrubs, or street trees, other than those retained by Declarant when clearing the Properties, shall be allowed to grow to a size which noticeably and unreasonably interferes with a outlook of significance from another residence. In the event an Owner claims a tree(s) and/or shrub(s) unreasonably interferes with the Owner's outlook of significance, the Owner shall notify the Association of such claim. The Board of Directors shall determine whether the outlook is of significance and whether there has been unreasonable interference with the outlook. Should the Board determine that there is an unreasonable interference, it shall notify the Owner of such tree or shrub in writing, specifying the nature of the interference, what should be done to eliminate the interference, and the time in which such action must be taken. Section 10. Protection of Trees. Owners shall not cut down street trees located within the Properties. Owners shall notify the Board of any dead or diseased tree located on their Lot and the Association shall determine if the tree should be removed. ARTICLE XIII BUILDING AND LANDSCAPING RESTRICTIONS Section 1. Plans and Specifications Must be Approved. Any Residence or temporary or permanent structure constructed in the Plat by a builder or Lot Owner other than Declarant, or its members individually, must have their plans and specs reviewed and approved by the Declarant, or Architectural Control Committee, if selected. Section 2. General Buildi1)_g~[ld Landscaping Restrictions. The following general building and landscaping restrictions shall apply to the Declarant, builders and Lot Owners. Declarant has also established design guidelines which Declarant, builders and Lot Owners are subject to. The Design Guidelines are set forth in that document entitled Cavalero Ridge Design Guidelines. The Declarant, or Board of Directors after the Development Period, by majority vote, may change or modify the general building and landscaping restrictions and the design guidelines to suit the needs of the Plat. 21 (i) Landscaping. Landscaping screening, hedges, and trees shall not be planted on Lots in locations whicl1 will adversely impact the safe sight distance at driveways and street intersections, or which unreasonably interfere with outlook corridors of other Lot Owners. Trees shall not be grouped together in such a manner which unreasonably interferes with outlook corridors of other Lots. Yard art must be approved by the Architectural Control Committee. (ii) Dog Runs and Enclosures. Proposed dog runs and enclosures must be approved, in writing, prim to tt1eir construction by the Committee. All dog runs visible from the street, side, or rear yard of another Lot shall be fenced or screened with material approved by the Committee. (iii) Accessory Structures. Accessory structures to the Residence may be temporary or permanent and shall include, but not be limited to, spas, garden sheds, play equipment, tool sl1eds, doll houses, gazebos, sports courts, swimming pools, tents, ai1· conditioning units, satellite dishes, and flag poles. The Committee shall have full authority to determine what constitutes an accessory structure and if ii shall be allowed at all. All proposed accessory structures must be approved, in writing, prior to its installation and/or construction, by the Committee and by the Lot Owners who will be affected by the proposed structure. Accessory structures shall be subject to height restrictions, determined by the Committee. No accessory structures shall be located on the Lot in an area which unreasonably interferes with outlook corridors; the quiet enjoyment of adjoining or affected Lot Owners; or interferes with any retaining and/or keystone wall grids. (iv) Signs. No signs, billboards, or other advertising structure or device shall be displayed to the public outlook on any Lot, except one sign not to exceed four (4) square feet in area, may be placed on a Lot to offer the Lot for sale or rent. All such signs shall be of a quality equivalent to those used by Declarant. Furnished model homes may have more than one sign for advertising purposes. (v) (vi) Signs may be used by the Declarant, or an agent of Declarant's, to advertise the Lots during the construction and sale period, however the signs must be located in areas which are not offensive to anyone. The Committee may cause any sign placed on any Lot or any portion of the Properties they feel are in violation of these restrictions to be removed or destroyed. Sport Courts and Swimming Pools. Sport courts and swimming pools must be approved by the Committee. No outdoor lighting shall be allowed unless approved by the Committee. No outdoor activity, including, but not limited to, noise, sports playing, and/or music, shall continue the curfew time established by City Ordinance, if any; otherwise. as dictated by the Association. Utilities and Satellite Dishes. The wiring of accessory buildings or lights of any kind shall be underground. No radio or television antennae, transmitters, or 22 other similar devices, shall be constructed or allowed on any Lot. Satellite receiving dishes shall be allowed, subject to the review of Committee, however no such device shall be located on any Lot in a location that is visible from the adjoining homes, streets, and roadways, and shall not be located at the front elevation of the home. This includes, but is not limited to, rooftops. The Committee may grant a variance to these location restrictions due to satellite reception problems. Any satellite device must be properly screened. Any violation of these restrictions may result in the removal of such device, at the sole expense of the Lot Owner causing the violation, if not removed within 48 hours after the notice of removal requirement has been delivered to the Lot Owner causing the violat"lon. (vii) Fences. No fence or wall shall be permitted to extend nearer to any street than the minimum setback line, except that nothing shall prevent the erection of a necessary retaining wall. All fences must be approved by the Committee. All fences to be built shall be the same color and design as the fences constructed by the Declarant unless otherwise approved by the Committee. All fences shall comply with Redmond City Codes as written now or hereafter amended. See attached exhibit "c", fence detail. Section 3. Permits. No constr·uction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local governmental authority and written approval of such permits from the Board, Committee or the Declarant. The Committee must approve the plans for all construction or alteration proposals (see Article XI). Section 4. Codes. All construction shall conform to the requirements of the State of Washington codes (building, mechanical, electrical, plumbing) and local requirements required by Snohomish County in force at the commencement of the construction, including the latest revisions thereof. Section 5. Entry for Inspection. Any agent, officer or member of the Board, Committee, or the Declarant may, at any reasonable predetermined hour, upon 24 hours' notice during construction or exterior remodeling. enter and inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above-recited individuals shall not be deemed guilty of trespass for such 8ntry or inspection. There is created an easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections. ARTICLE XIV GENERAL PROVISIONS Section 1. Covenants Running with the Land. These covenants are to run with the land and be binding on all parties and persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time the covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the individuals then owning Lots has been recorded which reflects their intent to amend the covenants in whole or in part. Section 2. Amendment. This Declaration and the Bylaws may be amended during the initial thirty (30) year period if fifty-one percent (51 %) of the members vote to amend particular provisions of either instrument This Declaration may be amended during the Development Period by any instrument signed by both the Declarant and the Owners of at least fifty-one percent (51 %) of the Lots. including those owned by the Declarant. The provisions expressly referring to the Declarant may not be amended without the Declarant's approval. The Declarant may, unilaterally, during the Development Period, file for record an amendment to this Declaration legally describing the Other Parcels, as defined in Article XIV, Section 8. All amendments must be filed with the office of the Snohomish County Auditor. Section 3. Enforcement. Hie Association, the Board, or any Owner shall have the right to enforce, by any legal proceeding. all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by 11,e provisions of this Declaration. Section 4. Attorney's Fees. In the event that it is necessary to seek the services of an attorney in order to enforce any (1) provision of this Declaration or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be obliged to pay any attorneys' fees incurred. If U1e Owner fails to pay such fees within sixty (60) days, such fees shall become a lien against the Owner's lot. Section 5. Successors and Assigns. The covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns. Section 6. Severability. The invalidity of any one or more phrases, clauses, sentences, paragraphs or sections hereof shall not affect the remaining portions of this Declaration or any part thereof. In the event that one or more of the phrases, clauses, sentences, paragraphs or sections contained herein should be invalid, this Declaration shall be construed as if the invalid phrase, clause, sentence, paragraph or section had not been inserted. Section 7. Rule Against Pemetuities. In the event that any provision or provisions of this Declaration violate the rule against perpetuities, such provision or provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving incorporator of the Association or twenty-one (21) years after the death of the last survivor of all the incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. Section 8. Failure of Board to Insist on Strict Performance No Waiver. The failure of the Board in any instance to insist upon the strict compliance with this Declaration or rules and regulations of the Association, or to exercise any right contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment for the future of any term. covenant, condition, or restriction. Section 9. Limitation of Liability. So long as a Director, Officer, or Declarant. acting on behalf of the Board or the Association, has acted in good faith, without willful or intentional misconduct, upon the basis of such actual information as is then possessed by such Person, then no such Person shall be personally liable to any Owner, or to any other Person, including the Association, for any damage, ornission, error, or negligence of such Person; provided that this provision shall not apply to the extent the liability of such person for such act, omission, error, or negligence is covei-ed by any insurance actually obtained by the Board. Section 10. Indemnification. Each Director, Officer, and Declarant shall be indemnified by the Association, against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which such person may be a party, or in which such person may become involved, by reason of holding or having held such position, or any settlement thereof, whether or not such person holds such position at the time such expenses or liabilities are incurred, except to the extent such expenses and liabilities are covered by insurance actually obtained by the Board and except in such cases wherein such Director or Declarant is adjudged guilty of willful misfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, have hereunto set their hand(s) and seal(s) this day of , 2007. DECLARANT BURNSTEAD CONSTRUCTION COMPANY, a Washington corporation By ___ _ Its _____ _ STATE OF WASHINGTON ) ) ss. COUNTY OF K I N G ) On this __ day of , 2007, before me, the undersigned, a notary public in and for the State of Washington, personally appeared , of BURNSTEAD CONSTRUCTION COMPANY, a Washington corporation, that executed the within and 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 on behalf of said corporation. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. J\IOTARY PUBLIC in and for the State of Washington, residing at ··-· (Print Name) IVly Commission Expires: ____ _ 2.S EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIPTION PARCEL A: LOT 1, KING COUNTY SHORT PLAT NUMBER 678063-R, RECORDED UNDER RECORDING NUMBER 7812110857. PARCEL B: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT NORTH 00"28'02" WEST I\ DISTANCE OF 30.00 FEET AND NORTH 88'55'44" WEST A DISTANCE OF 30.00 FEET FROM THE CENTER OF SAID SECTION 14; THENCE ALONG THE WESTERLY MARGIN OF THE AUGUST GERBER ROAD (156TH AVENUE SOUTHEAST) AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 1094241, NORTH 00·2a·o2" WEST A DISTANCE OF 472.53 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE CONTINUING NORTH 00'28'02" WEST A DISTANCE OF 157.51 FEET: THENCE NORTH 89"01'16" WEST A DISTANCE OF 1248.07 FEET TO THE EAST LINE OF THE WEST 30.00 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG SAID EAST LINE SOUTH 00'33'02" EAST A DISTANCE OF 157.07 FEET; THENCE SOUTH 88'59'57" EAST A DISTANCE OF 1247.82 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS CONVEYED TO FRANKLlf1 T. TETER AND C. LENA TETER, HUSBAND AND WIFE, BY DEEDS RECORDED UNDER RECORDING NOS. 641J0741 AND 6417877. PARCEL C: PARCEL A, CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA-06-052-LLA, HIGHLANDS PARK, RECORDED UNDER RECORDING NUMBER 20061011900002, IN KING COUNTY WASHINGTON. PARCEL D: LOT 4, KING COUNTY SHORT PLAT NUMBER 48-1-106, RECORDED UNDER RECORDING NUMBER 8505170617. 27 ; --;, r------- I; + EXHIBIT "8" MAP OF PROPERTY . '. ':' :?·1 o· 50 "'N -------- : 'U9 33 m N 0 I ,a, ,' C'J ,o '0 I 0 ~I z w ("' c,1 I WI 5 I, ~!-;7 30 01 N88"04' 40"W ,--r--,--r;-;----,-,,.--'~~~-ll,--,---,.-.---,-----t:: 1 ·1 14 15 15' 1091.61 I I ~ I 1 J 18 HJ -i ,/ I I 22 23 24 25 26 271 )8 ! 29 ~ 180 01 ii~ o1 ,J-~~L5;;;__,., §; I NE 1ST ST TP 998 .,_ _J -~1---1~99 8 ~ -39 --! 'lb I 30 ~ N ; , ~, L 1 , 9 1 ~c-:__ ; _-_-_; ~, ": ·'1 46 47 48 49 l'"_ 1 9 _J -- 5 ~- 1 - ' L <o I ~rr----J.--.L.._J_.J. __ s_,, 42 I I 51 -53 ::, -----<D ii ----r--,---,---,----~-_;_-S~E~~2N'.:'.'0:'.._.•ST r-r--r-T-r---,...----< 54 ~ l3 I ! -1 ~~-;;; ..: n 72 7_j· 70 69 ss s: l cc I ,.c·, I 64 63 52 s1 so 5q ss 5;] ss __ _J_ I w TR 997 ~ ~ R=25.00 ,-.: ;,- 6=88'24'17" <!l N 1 L=3B.57 -o I 49.83 O N88"01 '33"W 823.45 N00"28'39"E 5.28 55 1 0.J NB7"08'22"W ____ I_/ ------'-'""'-""'----AZ 1.:c:43 ----~ ---·----- 1rns-00'19"w S.E. 2ND PL -------· ---------~· FOUND J-·1 /2" BRASS CAP -- W /:".:>U~~OI 11\J COhlC. Dr'~. 1.2' IN '~ASE ( CITY OF RE~I fOfl NO. 2105) HEU) FOR CTR. S[C. 28 -/ // /./ //,/" '') ,_ ~I 61 m ; ; ' t • • POST 2 X CAP ~+--- -~ --•------ --~ ~ .I =·' .SI' I ' -I ! C9 l i () ' 1) i I EXHIBIT "C" FENCE DETAIL -------- ? i----~ ·' 29 = I_) i-;,-•---2x4 CAF 2x6---1/luo,---l,4 IH--lx41s A---4x4 P05f 2x4---11 --------lx.4 ® r CHICAGO Tl11..,b ~ • ..:URAN CE COMP ANY 701 FIFIHA VENUE, #3400, SEATILE, WA 98104 ORDER.NO: YOURNO: UNITNO: LO.ANNO: PHONE: (206)628-5623 FAX: (2(Ki}628-5657 001175456 IDGHLANDS PARK 10 SUPPLEMENTAL COMMITMENT 0 R D B R R B F E R E N C B Z K r O R M A T Z O H SUPPLEMENTAL NUMBER: SELLER: PURCHASER/BORR=: PROPERTY ADDRESS: 1 OF THE SECOND CERTIFICATE BURNSTEAD CONSTRUCTION COMPANY WASHINGTON our Title Commitment dated 10/19/06 at 8:00 A.M. is supplemented as follows: s THE FOLLOWING PARAGRAPH(S) HAS (HAVE) BEEN ADDED TO-OUR CCH!ITMENT: M PARAGRAPH NUMBER 15: u 1. DEED OF TRUST AND ASSIGNMENT OF RENTS AND/OR LEASES, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEPICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: BURNSTEAD CONSTRUCTION CO. CHICAGO TITLE INSURANCE (X!,!PANY KEYBANK NATIONAL ASSOCIATION $40,000,000.00 JANUARY 9, 2007 JANUARY 19, 2007 20070119000067 THE AMOUNT NOK SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCER'17,,INED FROM THE HOLDER OF THE INDEBTEDNESS SECURED . .ac PARAGRAPH NUMBER(S) 8 THROUGH 11 HAS (HAVE) BEEN AMENDED AS FOLLOWS: ;az, PARAGRAPH NUMBER 8 : ;u 2 • GENERAL AND SPECIAL TAXES AND CHARGES: PAYABLE ON FEBRUARY 15TB: YEAR: 2007 SEE NEXT PAGE CffiCAGO TITLE INSURANCE COMPANY OrdcrNo.: 1175456 YourNo.: HIGHLANDS PARK UllitNo.: 10 SUPPLEMENTAL COMMITMENT (Continued) AMOUNT: TAX ACCOUNT NUMBER, LEVY CODE: ASSESSED VALUE-LAND, ASSESSED VALUE-IMPROVEMENTS, NOT YET AVAILABLE 142305-9110-00 2147 $ 644,000.00 $ 0. 00 NOTE: GENERAL AND SPECIAL TAXES FOR 2006 IN THE SUM OF$ 4,645.36 HAVE BEEN PAID. AFFECTS: PARCEL A 3. GENERAL AND SPECIAL TIIXES AND CHARGES: PAYABLE ON FEBRUARY 15TH: YEAR: AMOUNT: TAX ACCOUNT NUMBER, LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS, 2007 NOT YET AVAILABLE 142305-9083-03 2147 $644,000.00 $ o. 00 NOTE, GENERAL AND SPECIAL TAXES FOR 2006 IN THE SUM OF$ 5,403.27 HAVE BEEN PAID. AFFECTS: PARCEL B .u PARAGRAPH NUMBER 10: .w 4 . GENERAL AND SPECIAL TAXES AND CHARGES: PAYABLE ON FEBRUARY 15TH: YEAR: AMOUNT: 'DIX ACCOUNT NUMBER: LEVY OODE: ASSESSED VALUE-LAND, ASSESSED VALUE-IMPROVEMENTS: 2007 NOT YET AVAILABLE 142305-9047-08 2147 $1,450,000.00 $ o.oo NOTE: GENERAL AND SPECIAL TAXES FOR 2006 IN THE SUM OF$ 9,740.17 HAVE BEEN PAID. AFFECTS, PARCEL C, AND OTHER PROPERTY • CHICAGO 1TI'LE INSURANCE COMPANY Order No.: 1175456 YoorNo.: HIGHLANDS PARK UnitNo.: 10 SUPPLEMENTAL COMMITMENT (Continued) _.. NOTE, TAXES HAVE NOT YET BEEN SEGREGATED TO REFLECT CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA-06-052-LLA. _.. PARAGRAPH NUMBER ll: _.. 5. GENERAL AND SPECIAL TAXES AND CHARGES: PAYABLE ON FEBRUARY 15TH: YEAR: AMOUNT: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: 2007 NOT YET AVAILABLE 142305-9118-02 2147 ASSESSED VALUE-IMPROVEMENTS: $ 201,000.00 $ 0.00 NOTE: GENERAL AND SPECIAL TAXES FOR 2006 IN THE SUM OF$ 2,066.77 HAVE BEEN PAID. AFFECTS: PARCEL D THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE OCI'OBER 19, 2006, EXCEPT THE MATTERS NOTED HEREINABOVE. JANUAR.Y 22, 2007 AUTHORIZED BY, MIKE HARRIS CAGO TITLE INSURANCE COMPANY tu1 F!fTHAVE.."\JUE. #3400, SEATIIE, WA 98104 SECOND CERTIFICATE PLAT CERTIFICATE Certificate for Filing Proposed Plat: Order No.: 1175456 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 te=s in said County, and from such examination hereby certifies that the title to the following described laod situate in said Kl'JG County, to-wit: SEE SCHED ULEA (NEXT PAGE) VESTED IN: BURNSTEll.D CONSTRUC'.':ION COMPANY, J'.. WAS:OI:JGTON CORPORATION, AS TO PARCELS A, B AND D; AND BURNSTEAD CONSTRUCTION CO., A Wi\SEic!GTON CORPORATION, WHICH ACQUIRED TITLE AS COLONY HOMES, INC. , AS TO P.>_1<CEL C. EXCEPTIONS: SEE SCHEDULE B ATTAC~ED CHARGE: $200. oo TAX: $17.60 Records examined to OCTOBER 19 , 2 0 0 5 at 8 : 0 0 AM By ?~~~~~ HA...c;>.ijJ ;:_; /:srs:::::NB~EY Title.Officer PARCEL A, HICAGO TITLE INSURANCE COMPAN\ PL\.T CERTIFICATE SCHEDULE A ( Continued) LEGAL DESCRIPTION Order No.: 1175456 LOT 1, KING COUNTY SHOR':' PLAT N:.'M3ER 673063-R, RECORDED UNDER l,ECORDING NUMBER 7812110857. PARCEL B, TR'<T PORTION OF THE SOUTHEAST QUARTS& OF THE NORTl!WSST QUARTER OF SECTION 14, TOWNSHIP 23 NCRTli, RANGE 5 EAST, WIL:..Jl.Jv[ETTE MERIDLB.N, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS, BEGINNING AT A POINT NORTH O GO 28' ,J2" l'iEST A DISTANCE OF 3 0. 00 FEET AND NORTH 88°S5'44" WEST A DISTANCE OF 30.D•J FEET FROM '."HE CENTER OF SAID SECTION 14; THENCE ALONG THE WESTERLY 1''.1\.RGIK CF TEE AUGUST GERBER R.OAD (156TH AVENUE SOUTHEAST) AS CONVEYED TO KING CO"orcv BY DEED RECORDED ~'NDER RECORDING NUMBER 1094241, NORTH 00°28'02'( WEST A JJ:i:STA-\JC:S OF 472.53 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT HEREIN OESCR.cBEO. THENCE CONTINUillG NORTH 00°28'02" WEST ,c :JISTANCE OF 157.51 FEET; THENCE NORT.e{ 89° 01' 16" WEST A DIST,'J,IC:E OF 1248. 07 FEET TO THE EAST LINE OF THE WEST 30.00 FEET OF SADI SOUTHEAST QUARTER OF TIJE NORTHWEST QUARTER; THENCE .1\LONG SAID EAST LINE SOUTH 00°33'02" EAST A DISTANCE OF 157.07 FEET; THENCE SOUTH 88°59' 57" EAST A DI3TANClc C? 1247 .82 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS CONVEYED TD F?.AN:{L:N T. TETER AND C. LENA TETER, HUSBAND AND WIFE, BY DEEDS RECORDED UNDER RECORDH:G NUMBERS 6400741 A.'ID 6417877. PAR.CZ:, C. PARCEL A, CITY OF RENTON LOT LINE _o_Dc11.JSTMENT NUMBER LUA-06-052-LLA, HIGHLANDS PARK, RECORDED UNDER RECORDING NUMBER 20051011900002, IN KING COUNTY, WASHINGTON. PARCEL D, LOT 4, KING COUNTY SHORT PLAT NUJ.]3;;: l 2 el cJ6, RECORDED illlDER RECORDING NUMBER 8505170617 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULEB Order No.: 1175456 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or nth er 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 clrum.s of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line clisputes, and any other matters which would be clisclosed by an accurate survey and inspection of the premises. D. Easements or cl.rums of easements not shown by the pub.lie records. E. Any lien, ru right to lien, for contributions to employee benefit funds, or for state workers' compensation: or for services, labor, or material heretofore or hcreafto;::r furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance nr 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 aut.hori.?ing 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. TH1S REPORT JS ISSUED AND ACCEPTED LPON THE UNDERSTA.1'1DTNG THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED CJNE THOUSAND D0LLARS($1000.00). ,,,,,,.c·-·~--.,....,..._-;1'1'M'n~,, ,, ..... ,,.,~,...,,,,~-~~-"""'7';7,-,,,.~-,-.,,.,,.-, 1·1 , frTTH <:-r· :-UCAGO TITLE INSURANCE COMPA1'l' PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS Order No.: 1175456 • 1. COVENANTS, CONDEIONS, SEST,UCTIONS, 2:ASEMENTS, NOTES, DEDICATIONS AND SETBACKS, I? ANY, SET FORE! IN CR DELINEATED ON THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 7812:lJ8c7. B AFFSC~S: PARCEL A. c · 2. COVENANTS, CONDITIONS, RESTRICTI0NS, EASEMENTS, NOTES, DEDIC!\.TIONS AND SETBACKS, IF ANY, SET F:)RTH IN OR DELINE!>-TED ON THE SHORT PLAT RECOR::JED UNDER RECORDING NUMBER 25G5l70D:_7_ D AFFECTS, PARCEL D. v 3. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IP ANY, SET FORTE IN CR DELINEA'::ED ON CITY OP RENTON LOT LINE ADJUSTMENT NO. LUA-06-0':2-I,I,'., RECORDED UNDER RECORDING NUMBER 20061011900002. • AFFECTS , PARCEL C . 4. EASEMENT AND THE TERMS Al\lD CONDITIONS THEREOF, PURPOSE, AREA AFFECTED, RECORDED, RECORDING NUMBER, INGRESS AND EGRESS AN EASTERLY PORTION 0? PARCEL BAS DESCRIBED IN SAID INSTRUMENT DECEMBER 10, 1976 7612100059 F 5. EASEMENT -1\ND THE TERMS -"~'El C::CJNDITIONS THEREOF, GRANTEE, ?UR?OSE: AREA AFFECTED, RECORDE::J, RECORDING NUMBER, ?UGET SOUND POWER & LIGHT COMPANY ELECTRIC TRAl,SMISSION AND/CR DISTRIBUTION LINE THE SOUTH o PEET OF PARCEL D MARCH 1, 1985 8503•)10803 ~ 6. AGREEMENT J!,J,;'0 THE TERMS AND ,::en:,:: TIONS THEREOF: BETWEEN, .l\ND: RECORDED, RE::::GRDlNG NUM"BER: REG-'<RDING, RONCA 3R'LiU'IT AND FRANK BRYANT KI NC CCUNTY NATE;(. DISTRICT 1,;:Q . 9 i:-1 F--?RIL 21, 1988 380421C773 TEMPOR.Z:,..RY '>JA':'.:':2:R SERVICE -;or-;,1 ·.r, :-IICAGO TITLE INSUR.\NCE COMPAN AFFECTS, PARCEL D. PLAT CERTIF1CATE SCHEDULE B (Continued) Order No.: 1175456 r 7. TERMS AND CONDITIONS OF NOTICE :.:, CHARGES BY WATER, SEWER, AND/OR STORM AND SURFACE WATER UTILITES, RECORDED UNDC:R RECORDING NUMBER 9606210966. J 8 . GENERAL AND SPECIAL TAXES ."..\JD CI{!c.RGES, PAYAilLE FEBRUARY 15, DELINQUENT IF E-'IRST HALF UNPAID ON MA"'.! l, SSCOND H....a.LF DELINQU&'l\IT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUHS =o ,JOT INCLUDE INTEREST AND PENALTIES) , YE.~R: T."..X ACCOLNT Nlll1BER, j_E:;'./Y CODE : ASSESSED VALUE-LAND: P..SSESSED VJ);LUE-IMPROVEMENTS: GEN3RAL & SPECIAL TAXES, AFFECTS, PARCEL A. 2006 142305-91:0-00 4350 $ 372,000.00 $ 0. 00 BILLED, $ 4,645.36 PAID, $ 2,322.68 UNPAID, $ 2,322.68 9. GENERAL AND SPECIAL TAXES .'01C C::E0.RGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECO:,D HALF DELINQUC:NT IF UNPAID ON NOVEMBER l OF THE TAX YEAR (AMOUNTS =o '!OT INCLUDE INTSREST .".!ID PENALTIES) , YEAR: TAX ACCOUNT NUMBER, LEVY C:JDE: ASSESSED VALUE-LAND, ASSESSED VALUE-IMPROVEMENTS: GSNERAL & SPECIAL TAXES, A~PECTS : PA.~CEL B. 2006 142305-9083-03 4350 $ 372,000.00 $ 60,000.00 BILLED, $ 5,403.27 PAID, $ 2,701.64 UNPAID, $ 2,701.63 L 1 C'. GE:.JER..'1.L -~ SPECIAL TAXES _li.J,TD C.:---!..=',.KGES, P~<\YABLE FEBRUARY 15, DELINQUENT IF ?I:<.ST !"UL.,F UNPAID ON MAY :.. , SEC~~-):) HALF DELINQUENT I~-UNPAID ON NOVEMBER 1 C? TEE T.~ '!E.1:1...R (MI0UNT2 DC, J\1C~ INCLT)DE INTEREST .:'-1 .. ND PENALTIES) : TX{ ),.C:OUNT Nl"Jr,JEER: i,SS8SSED VALUE-LA.!"'\JD: :'.i..SSE:.3SED ~JA.LUE-If'l!PROVEME I-:-:=-;: 2005 1423 85-904 ?-JS 4350 S 781,000.00 '$ 0 iJ,J ·,·,·.r-rr · HJCAGO TITLE INSURANCE COMPAN GENERJI...L & SPECVU.J TAXES : PLAT CERTIFICATE SCHEDULE B (Continued) BILLED, $ 9,740.17 PAID, $ 4,870.09 UNPAID, $ 4,870.08 APFEC~S: PARCEL C, AND 8THE~ ?RO?ERTY Order No.: 1175456 NOTE, TAXES H.~VE NOT YET BEEN SEGREGATED TO REFLECT CITY OF RENTON LOT LINF, ADJUSTMENT NUl':BER LUA-06-052-LLA. " 11. GENER!U, AND SPECIAL TAXES JU.JD CHf"\RGES, PAYA3LE FE3RUARY 1S, DELINQUEN? IF FI!l.ST HALF UNPAID ON tftAY 1, SECND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS :::o XCT INC,UDE INTEREST AND PENALTIES) , YE!IR, TAX ACCOUNT NUMBER, LEW CODE: ASSESSED VALUE-L.l\ND, ASSESS:lD VALUE-IMPROVEMENTS, GENERll_L & SPECIAL TAXES, AFFECTS, PARCEL D. 2006 142305-9:18-02 4350 $ 165,000.00 $ 0. 00 BILLED, $ 2,066.77 PAID, $ 1,033.39 UNPAID, $ 1,033.38 a 12. THE MOBILE HOME OR MANUFACTUREC HOME (AS DEFINED IN RCW 46.04.302) LOC~TED OR TO BE LOCATED CN T~E REAL PROPERTY DESCRI3ED HEREIN IS SUBJECT TO LICENSING AN;J TITLE REGISTTuT!ON BY THE DEPARTMENT CF MOTOR VEHICLES ?URSUP~~T TO RCW. 46.12.290. P AFFECTS: PARCEL B. o 13. DEED OF TRUST AND ASSIGNM3cJT JF RENTS AND/OR LEASES, AND THE TERMS AND CONDITIONS THERSOF, GRA.i.'JTOR: TRUSTEE, BENEFICIARY, .. Z'. .. MOUNT: UP,TED: ;.ECORDED: R:SCORDING :t-JL~1BER: THE _il_l.1[01.JNT )TOW SECURED JY BURNSTEAC CONSTRUCTION CO. U.S. BANK TRUST COMPANY, N. Jl •. U.S. BANK N.A. $ 1,820,000.00 AUGUST 29, 2005 SEPTEMBER c.'I, 2Q,J5 2005091~0\!0851 SAID =cm OF TRUST -~-ND THE TER.lvlS UPON WHICH THE ... HJCAGO TITT.E INSURANCE COMPAN" PLAT CERTIFICATE SCHEDULE B (Continued) Order No., 1175456 OP THE INDEBTEDNESS SECU?ZD. AFFSCTS, RZ\RCELS A AND B. s 14. THE LEGAL DESCRIPTION IN THIS CCMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. NCTE 1, THE FOLLOWING MAY BE US~D AS .rm ABBREVIATED LEGAL DESCRIPTION ON 7HE DOCUMENTS TO BE RECORDED TC C:OMFLY WITH THE RSQUIREMENTS OF RCW 54.04. SAID .'wBREVIATED LEGAL DESC~,?~ION cS NOT A SUBSTITUTE FOR A COMPLETE LEGAL clESCRIPTICN WHICH :"1JS':" ALSO APPEAR IN THE BODY OF THE DOCUMENT, PTNS SE NW, SEq'ION 14-23-·5. THE TAX ACCOUNT NUMBERS POR Sl'.ID PREMISES ARE 142305-9110-00, 142305-9083-03, 142305-9047-08, F~'lll 142305-9118-02. END OF SCHEDULE B . ' 'I ·,!".· 0 q ,- C) ,..._ "' co CJ ...., ,-< §~ ,~ t ~ -t N :1_ ...... I, ~ i ' ' ! ' ) i f • i .j ! \ 0 LEGAL Tbjs sp•ce r•served for record•r • $ use riled for record •t the requ•t of: Ji-ale. s, Ge.or-3~ Return tol Buildi7Jfl & &and Development 450 KC AdJmnistraticn Bldg Seattle, llashi7Jflton 98104 DESCRIPTION SHORT PLAT KIN,;; COUNTY, WASHINGTON APPIIOVAL Dep,sztaent OE Planninq and CoDDUnity DeveloJ)Jll,'lnt au11di.ng lJnt1 Und DeveJopm,,nt Division Ex.UU.ned and •PPCOVed this ;!!'d•y of ,t1:ie~ --~" '-"" vep,,1rtment of Public Works da9 of Di r1'Ctor Department of Aae.s.sment.$ Examined and approved this __ __,/:.,_.:,b,:._ __ Assessor > 0. IY,~ Dttput I} Assessor Sc-R v-1 l~.2JoS"· 'Id~- 7$ 1L 19 da!I of 19 7J' Nf That portion of' the southeast quarter of the northwest qll&l:'ter o.f Section 14 1 Township 2J North, Range .5 East, W.M., in King County, Washington, described a.e follow:,1 Beginning at a point N 0°28 1 02"' V JO.OD feet and N 88°55'44"' W J0,00 feet from the center crf said Section 141 thence along the westerly me.rgin of the AuguBt Gerber Road. (156th Avenue S.E.) a.a conveyed. to King County, August 14, 1914, by instrument recorded. um.er Auditor's File No. 1094241, N 0°28 1 02" V 6J0.04 feet to the true point of begimdng of the tract of land herein described; thence continuing N 0°28'02'' W' 1.57,.51 feetJ thence ff &/02'J6" W 124-.3 .Jl feet to the east line of the west J0,00 feet of said :southeast quarter of the northve,s,t quarter1 thence along said east line S o 0JJ 1 02" B 1.57 .O? feet; thence S 69°01 '16" E 121>8.97 feet to the t:rue point of beginning, SUBJECT TO an easeant for an electric transmision and distri~Mmt. \lln2 iUlt:J Ullder A ,F ,# 18}0'70, -cw;, , ·' Ila: 11 2 20 l'H '18 ; l I ./ RECO!IOED KC RECORDS i P•ge 1 of S i; M•P on FIii in V•ull J· c 'Ii • I" Alw ,tJ l'f-,J. .1-s-- .. ' i I • I ' I l l i ! •. ' I ,. ,.... LI) co 0 ..- ,- C\J ..- 0:, r-- LEGAL DESCRIFTIO/,B George Jlales Short Plat (K. C. #67806)) !sU That portion of the southeast quarter of the northH8et quarter 0£ Section 14,. Township 2:) hvrth, Range 5 Ea.st, W.M. • 1n King County described a.a :f'ollowsi Beginning at a point N 0°28'02" 1( J0,00 :feet and N B8°55'44" W J0,00 1'eet :from the center of' said Section J.4J thence a.long the l{esterly margin of August Gerber Road {156th A.venue S .E.) as conveyed tc, King County Augwst 14, 1914 by in.strunent recorded unier Auditor's File No. 1094241, N 0°28'02'' W 6J0,04 feet to the true point of beginning of' the lan:i herein described.1 thence continuillg N 0°28'02" iii J0,00 f"eet; thence N 89°01 '16" W 1.50.00 feet: thence N 0°28'02" W 127,45 feet, thence II 89°02')6" W 109),Jl feet to the eaet line of the west JO .00 f"eet of said southeast quarter of the narthwest quarter1 thence along .said east line S 0°JJ'02" E 157,07 f"eets thence S 89°01'16" E l~B.97 feet to the true point of beginning. Lot 2 That portion 0£ the southeast quarter of the northwest quarter of Section 14, Township 2J North, Range 5 Ea.st, W-.M., in King County described as followa1 :Beginning at a point N 0°28' 02" W 30. 00 feet and N 88° .55 '4-4" W JO. 00 f'eet from the center of said Section 141 thence along the westerly aargl.n of August Gerber Boa<! (156th Avenue S,E,) as conveyed to Ki.Dg County August 14, 1914 by instrwa.ent recorded under Audi tor's File No. 1094241, N o0 28 1 02" W 66o. ()4. £' eet to the true point of beginning of the land herein deacribed; thence continuing N 0°28 1 02" V 127.51 feetr thence N 89°02'36" W 150.00 .feet;· thence S 0°28'02 " E 127.45 feetJ thence S 89°01'16" E 150.00 :feet to the true Point 0£ beginning. Short Plat No,.-'b."'--'7'--'&-~_'6:_3 ___ _ l ; ' 1 i I } ! j " ' J .. ' i.'.° \ 1~ ' l \ • l ,..._ LI) 00 0 llECLARATICtl : 1t11ow all men bf thaaa pr..,enta that wa, th• wu1are11111ed, owner(•) in fee simple [ and CODtra.et Plll'chaser(a)J of the la11d hcrei11 ducribed do hereby mate a short allbdivia1011 thereof purauant to aar S8 .17 .060 and declare tbia abort plat to be the graphic representation o~ aame, a.od that said short allbdiviaio11 la 1111,de with the free co11ae11t aud 111 accord&llce with the deaire of the o,rner(a). Ia witaeaa whereat we have set our bands and sea.la. ~~-~ Nllll>i ~JJP,;. 4 Name Name Name Name STATE OF WASHINGTON,! ss. county o~------ on tb.J• cfav .,..nonalli, «.PPIH1Nd b•fore a,e ------------------ to • .bc;wn to be tbe .!.nd.iv.idt11l described in and .,ho e.ncutff t:b• vitbln and EoregoJ..ng 1n•trument, and •cknowl•dged that 8igned the • ..., aa Lree and 1,!0lWJtazy •ct: and deed, for the, u.u and JUU'J)r»es the.rain .aant1ane4. GIVEN under IIIJ band and oll1c1al J:e•l thh __ cf.all of 19_. Short Plat Kud>er 6"?@63 Not.•rv Publ1c in ed for tll• State ot Jrull.ingtan, re.iding at i j l 1 j j , . I ' ' f • t ' ! ,· t l' ~ i ' I ' i' ' PBCLAJIATION OP COVBNllll'1' IN LlBU OF SOILS TEIIT FOR Sl!IIAGE DISPOSAL SUITABILITY. f'o-•oeclaration of Covenant U) CO !7;19.,.~.aJlaideration of the approval by !ting Co11nty of abort plat 0 f !!_/~V~~ , which said plat createa " lot de11eribed as follow•• ,- ~ That portion of' the southeast quarter of the mrthwest quarter of Section 14, Township N 23 North, Range 5 F.aat 1 W,M., in King County desc:r1~ as follows; -:Beginning at a point N 0°28'02" V JO.DO feet. aoo N 88 55'44" W JO.DO feet from. the center 00 of' said Section 141 thance along the westerly urgin of August Gerber Road (156th Avenue r-S .E.) as conveyed to Vi.ng County August 14, 1914 by instrument reoorded under Auditor's F'.le No, 1094241, N o-26'02" W 6Jo.04 £get to the true p:,1nt o:f beg1nn1~ o:f the land herein described,t thenoe continuing N O 28'02" W Jg.oo feet1 thence N a;; 01'16" W 150.00 feetJ thence K Cf"28'0211 W 127,45 :feeta thence N 89 02'36" V 109.3,Jl feet to the east line of the west J0.00 f'egt o:f said southeast quarter of th8 northwest que.__--ter; thence along said east line S O 13 '02'' E 157 .07 feet r thence S 89 01 '16" E l2J.i.B.97 feet to the true point of beginning. Also known as Lot 1 the undersigned covenants and agrees that: "(a) No percolation te~t has been performed on the above-described lot. "Cb) Approval of short plat t6';7(:f'l?~ creating the above- described lot DOES NOT constitute approva y king County that said lot can be uaed for a building site. ·f "(c) No structure requiring domestic water consumption or sewage · f disposal can be placed on oaid lot until approval ia given by the Seattle- ( King County Health Department or other appropriate department agenci••· "(d) Thia convenant shall run with the lllnd and ia binding on all aubaequent owner(a) of the above described lot(a)." fee owner fee owner STATE OF WASHING'l'ON) COUNTY OF KING ) H C J,n J;hh day personally llppeared before me G~ /;IIJ/cr:: ~e;e-,r · , to me known to be the ind~ diacribed In and who executed the within and foregoing inatrument and acknowledged that they aigned the same as their tree and vol\llltary act and deed, for the use• and purpoaea therein stated. Pon, C-1 and official seal thi•~~~"""~~~~~~~~~~- 197,I. at j. I l ! . ' !'- LO r co ' 0 i ,...... f, .,... (\J ,; ~ /, co l r-- l t I I ! ' ?: I i , fl f ~tJ// A (I I I , I .i:? ,j/ .:f'-9" ,:1,? Jtf"; $ I -----1 '/.1¥1. .At' I P.N' .&,e;:,IMf~I ~· .~ ~~l -~ ~ l/1/L' ~ ~ ~ (/.J, //l'rr.r) IN ' ' '-.:: ' ( t!. ~§.!,,le.1 " ~ ~ I ' \ I ,y .!'~" ,:7//'6"' ~ I~ I~ .;'!,H.,: A" ,5.fo ~/' //'"ff I .ft",,(t'E / ~..7,9' I Jt7' L.t?T .?·· .i?EU/L _.., I ---__ , '~ -I 1 --- .f'E /J't'".57 . . Map on File in Vault Direction: . -_ t 0 ' Page 5 of 5 -- ' i ; J " I ' ' ! ' ! I, ~ . ,I ' ! ,._ ... .,. ~1 ~ w <> "' "" S. ______u_ T. _n R . ...J.._ I'-- <.D 0 r--.- LO ,.::::: .r: :c ~ ""' -.,. Q .,:! ,_ -:a -~ 1 " "' • ·s 1! B • 0: record11r '.s usP riled lor Tt!'\.."CJrd at the re<ju~-st of: ..... Dewe}' Eoss Return to: Bui ldi't:g & Land Development 450 KC Adrrtinistroation. Bldg Seattle, r,lashington 98104 SHORT KI NG COUNTY, WASHINGTON Department of Pl•r.ning dnd ccnvnunJ ty Dtivelop~nt Bui.ld1n9 and Land D~welosme,nt Djv1s1on -~. Examined and approved thi.s _••_ doy of '°'::'."\ , 19 cs .-ff -,.,-.-.-.-,e-,-.-.-u-,-i-d-in_g_..,_,_""l..,L:...,,---d-~-v-e_l..:oc.pme __ n_t_D_,-,-.,-.,-,-04' !>ep.rtrner.t of PubiJ c Wcrks f. ~.Jmu;c..·d 4nd .tpproved tills ~d.i; t'j') . ., ,p of · ...... ~..c:;,,=""'"/c_ ___________ , J~ ( +; ~-:,.,-.,:c:/ /.:<'J~-~ Dir~tor l)ep.1rt111t-nt of Assessr.ruts Cum..i,~d and -iJpprov~d th.i..s __ .....;::?,=---dalj of . yv,-":\ ASS&SSLIF c.l . vu.~,._:__ Deput;; Assessor i.,, \ • • 1 () 8:5>05/l 7 410617 B 9.SO LEGAL DESCRIPTION (as per deed) RECC, • RElJ S CA5HSL 15.00 +••24.SO '5'5 That portion of the Southeast Quarter of the Northwest Quarter of Section 14, Township 23 North, Range 5 East, W.M., in King County, Washington; described as follows: Beginning at a point North 0°28'02n West, 30 feet and North 88.55'44" V.at 30 &et from the Center of said Section 14; thence continuing parallel to the South Line of said Southeast Quarter of the Northwest Quarter, North 88°55.4411 W, 1247.10 feet to the East Line of the West JO feet of said subdivision; thence parallel to the West Line of said Southeast Quarter of the Northwest Quarter, North oe133•02 11 i1Jest , 157 .07 feet; thence South 88°57'1711 East, 1247.34 feet to a point North 0°2~'02"West from the faint of Beginning; thence parallel to the East Line of said Southeast Quarter of the Northwest Quarter, South 0°28'02" East, 157.51 feet to the Point of Beginning. EXC[PT the East 150 f 0 et thereof. TOGETHER WlTH '111• Weat 30 feet ef the Southeaet Qu•rter of the Northweat Quarter of Section 14, Townehlp 2] North. Range 5 Eaat 1 W.H., in llng County, Waahin1ton; !XC!PT the Horth 117.07 feet thereof. ANO TOCEnt!I WlTH tbl! South JO feet of the Southea•t Quarter of the Northweat Quarter of Section 14• Tovnahip 23 lforth, Ranie 5 Ea1t, V.M., in king County, Washington; EXCEPT the east 30 feet thereof. SUIJECT TO an ea1e.ent for veter and aewer main•, per A.F.# 7507170568. :>· ~ -1 ·.: ,-_, .... , . .,,.., ... :., ;· •. /_·,·,s, ".) ·,-·1-~ Map on Fil• in Vault •:,J .. "' :r ~ .. .. h • " "' 0 .. • "' t 1: :;, ' " .. ... •. ~ " • "' 0 I ~ ' ~ I::' ,1 .\ " r \ ·~ 0 • h • ~ .. ~ • .., C ~ 0 t () 11, ... _ ti! ~ '" ... !t, :, C :,, • a. 'ti "" .... , •· a a•~ .. il..,,,!. "' :a "' ·,t, ~ C a•~e~ -~ ·::etn .. , " 0 1111 I", tr~ ' ftQl'CC. _. . " :i~-lo " 0 111:ro., ~ ::: ., ., " " SC • •. 8 ,. § ~ ::, 0. h ~ § ; ~ <c; " ""' " .. ~-l ~ ~ . ' ' ,,. tr. a. fl, ~' ~-: 1:: ':i l'l, -,... " ~: . ~ " •. • 0 0 , ..,, , " " It .. • " ,, ~ 0 " ~ •. g :!' ~ 3' ' f C ;; 11 No -TH • t" "' I C'l "' "' "' .. 0 ... """ " .. g" " n m ,. "' b .. 0- 0 .. " 0.. ,,.~~1.--._,zg::~r;;~.o:t~~1~1~·"¥-.: ;:~T:':'.,;~-, ~:~~-.,..~~-:;~::~~:"'1.,..¥'/,~., A!M,. ... ..,. •. ,. . -.s.~1 ..... "'·'"-U1 8505170617 ···~~ .·,:,;,· T·· ~~ e,,_ I 1;i•(Jo ,0 ~-~ 0-... ~ ~ l l~ I ~ ~ ' ... '-" ' I iO • -~ ,:., 1' ,-. ·;~:~ ... -~-.._. ~ .... .,,.':~.11 •~ i 4.'91!1 I "'."": !t ~ . ' ·-. Ii~ I .1: l'Tl c.,·1.111 r,,1• • , ..... " ... 1•1 ~ . ' .~ ---J. 74_,._~-~ /Sd-D!I I r dt-,-: 'f; "' .~ " s: ..-. :r., ,,. r ~ ~ "' "' '"' " Ii4 -,-'i,i,:-fkJ7. S4-,.,.__ .va,'"'0008 .. W' .. ~ ... ....,......_ ___ ~ l~ i\ ,, .. ;. ·~~*7Ell n> 'nfl:IJ'IIWt'A:=: ~ llltV ~ ,,._,"°4fa "fl',N. o:a:"~~ ~ nv'/S'J;f;.r~ th, ~:E. Jj6 &." WARNING: King County has no responsibility to build, improve, maintain or otherwise serve the public roads contained within or providing service to the property desc~ibed in this short plat. ~,-· ..... c-..-.-....... __. ~r.., "·''7~S'" (.t.*""'FP~ -- ,4, . .,1~;) IIOTE: Due to insufficient soil depth, a canvent1onRl septic system may not be l'lcceptable for ~Jot I. A mound system or other alte1·native system may be required. I I , I I~ . ;;f :if I '"' ~ COVENANTS, CONDITIONS, AND RESTRICTION~ RUNNING WITH THE LAND: That portion(s) of 152nd ,WC SE 1nd SE U6th St, which adjoins the subject subdivision is a public right-of-way. It is des("ribed in the King County Comprehensive Plan as a 11 local access street or road" and in accordance with the standards theretnt may be required to be improved for future County street, road or thoroughfare. The ownert his grantees and assigns. hereby agree to participate in, and/or not oppose or protest, the formation of & County Road improvement District (CRID) pursuant to RCW 36.88 or any Road Improve- ment project sanctioned by King County, ~hich is designed to improve said street(s) and the immediate street system of which it is a part. Timing of the formation of said CRID or other road improvement project shall be determined by King County. The street improvement authorized by the CRID or other road i~provement project shall call for the improvement of said street(s) and its immediate street system to at least the minimum King County road standards applicable to el.id street(s) and tbe immediate street system at the time the CRID or other road project is formed; provided that, in situations where-there is a multiple ownership of properties participating in tbe formation of the CRID, er other road improvement project, if a majority of the property owners want a higher standard, i.e., curbs, gutters, under- ground drainage, etc., th&t standard s~all prevail. Short PLlt No,_4;;:84=1;;;06;;... _______ _ . ~. .' DECLARA1'l ON 01' COVENANT 111:GARDING USE AJID NAINTEN1'NCE 01' ltltlG COUNTY RIGHT OF IIAY BY ADJACENT PRDPP'n' Cl1NER · ln con•ideration of approval by Kin9 County of a right-of- vay use pefllit for the uae of th• road ri9ht-of-vay described pn>perty ovner(sl, bareby covenant and agree•• foll-•: l. l/W• are -r• cf the foll-ing daacribed real property: 2. l/We have requested issuance of a King County right-~f- vay UH perait to place the fellowing i,nprov-nt, ;;.,··· ,R,~d Y ' . . ( . 1.·· ,~ '-,.i, ·;." i "r.f"_) -s.·., [~·,. e,f< ·&:c s_,:.,,,•rf~,' .1.· {l/ ' in th• road ri9ht-f-ay for the following. IUllf' County atr .. t .S:G. IJ~ ~ .Fr."'·--------------~--- which serves the above-described real property. J. 'ftle ovne .. a of th• real property dHcribad in paragraph 1 hereby•••~ aole reapon•ibility for the aaintenance of the iapn>v.,..nt deacribad in para9raph 2. •• IIO anlar91111e11t or altaration of the Japrov ... nt described in paragraph 2 e1111apt routine aaint ... lUlc:e is permitted without prior appr09al of -1119 County. 5. fta ovnera of th• real property deacrilled in para9raph 1 l>ttreby hold Jtinv Cour,~y haral••• froa all ooata, axpanaaa, lo•••• and .s-9 .. , includi09 th• coat of dafenH incurred as th• result of th• axhtenca, opar•tion or uaa Of th• improvemant described _.... in paragraph 2. l ' 6. Jt 1• hereby acknowledged that the i~provement deacribed in paragraph 2 ia located in a King County road right-of-vay. Jn tlle event King county detenninea that the aubjeet road right-of-way i• needed for public purpoaes or hu become • hazard to the ufe public use of the road right- of-vay, King Co1'11ty may order the """ara of the property daacribad in paragraph l to rAJ110ve, repair or alter aaid illlproveaaant• at aaid property owner'• expen•e. &aid owners agree to .bnediately comply vith any •uch order•. 7. Jn tlle event that !ting C01111ty deterainH that the improvenenta deacribed in paragraph 2 have baecae a public health or aofety hazard or if th• """•r• of the real property de•cribed in peragraph.l fail to cD111ply vith any King County order iaaued purauant to paragraph 6, King County has the right to renove, repair or altar eaid inprovuents vithout notice to aaid cwnera. Said ovners shall conpensate King County for the coats of euch removal, repair or alteration. 8. Thi• agreament is bindin9 upon the heir•, aucceasors and aaaigna of the owner• of the real property described in paragraph land ia a covenant running with the land. DATED thia ;;;i;:;cl day of ..,A-lsf-p.a.CJ.;.J..1 ______ • 19~. ' " • .. STATE Cf' lfA5BlNGTON J ., ..... COUIITY OJ' Q91G ·). 1, :::+i3.mel<+ s Cty&: , Notary Public in and for the State of lfaahington, do hereby certify that on thi• :23-M day of -<4:r;p~c: .... 1._ _____ , 19~, personally appeared before -J\e,,uy E ?,,ss , to 111e known PA6E ..L OF .J_ 'i; {'; 'i. 1tf ·,•:J ' .. to be the individual~~ described in and who executed the within inatrume~t and acknOW"ledged that '+l:iff aiqned the sane as -th,:( free and voluntary act and deed for the uses and purposes herein mentioned. GIVEN UNDER IIY IIAIID ~ID OFFICIAL SEAL this 23 (2.aa,· of _,,A .. p .... cu~ .... 1 _______ ,. 19~ STATE OF WASHINGTON u. COUNTY OF JUNG tary hc~a Y.r~ Su~ of uashingt.on, \.!,•idf~. ~~eoflli:: \_.. ;· .· :.o ..... .,. _. '. ·•··.· .. \ .. 7'·i<·· . . "· " ·s .• ~•11, ;.., ... , .. .. on this day of ------------• 19__ before me personally appeared----------------------- of the corporaticn that executed the within and foregoing instrument, and acknowledged aaid instrwnent to bathe frea and voluntary aet and deed of said corporation, for the usea and purposes therein mentioned, and on oath stated that _he_------------~ authorized aaid instrument and that the seal affixed i• the corporate eeal of aaid corporation. IN WIT!mSS WIIEIIEOF, I have hereunto Ht my hand and affixed my _official seal the day and year first above vritten, llotary Piilihe In and tor the Su te of Washington, residing at----- SHOIZT RA,, No. "f'6¥/4' P ..... E ' oF 7 -- DEDICATION -KNOW All P[OPl[ IY THlSE PRf:S[lfTS thlt ... ti•• under1lgn•d riwner1 of Interest In the land hareby short 1ubcl1'rlcled, lleraby clechtt thfl short pllt to lit the gr1ph1c rtpreunu- tion of the 1110rt luDCllvlslon ... llereby, and do heraby dedlc1tt to tha use of the.public forever 111 streets ind 1venue1 not 1hotffl as private hereon and cledlcat, the use thereof for 111 public purposes not tncon1l1t1nt with tlll u11 thereof for public highway purposes, and also the right to .. t, all 111ces11ry 1lopes for cuts and fills upon the lots shown thtrtOft tn the original reuonablt fT'ldfllll of 11ld streeU and uanue1, and further dtdicato to the use of the public 111 the ••-•ts and tr1ct1 ,.,_, on tllh short plat for 111 public purposts 11 Indicated thereon, Including but not lf•lt•d to parts, open spice, utilities and drainage 11111•11 1uch •as ... nts or tr1ct1 ire 1peclflcally lndentlfl1d on thfs short plat 11 being cledfc1ted or conveyed to I person or 1111tlty other thin the public. Further, the undtrsfgntd _,, of the land hettby sllort subdfv1dtd waive for t....,ulves, their heirs and 1ssfgn1 and any person or 1ntft1 deriving title fl'IIII ti. undersigned, any and 111 c11las for clllllges against ling County, tts 1ucc1ssors 1nd 11slgns which .. Y be occ11loned by tlle 11t1bll1111tnt, co,,structlon, or .. 1nt1nanc1 of n,1ds 1nd/or drainage 1yst111S within thl1 short subdivision other than cl•l•s resulting fl'IIII 1n1d•qu1te .. fnt•- r,,nance 11.1 ling County • .-1 ~Furtller, tlle underslpd lllfflars of the land hlro1 short 1ubdfvlded agree for tllaselves, r,,thelr llelrs and 111lgn1 to lndelallfy and hold ling County, Its successors and assigns, .-111a .. 1,u froa en.1 clulage, Including •n.r costs of cleftnst, cl1l•d by persons within or 2wtthollt this short aubdlvfslon to have bten caused l)y alterations of the gn,und surface, v:,vagetatlon, drainage, or aurf1c1 or 1ub-surf1ca watar flDWI within this short subd1v111on <J:lor •1 est1bllshlant, construction or .. 1nttn1nct of tlle roads within this 1hort subdlw1- 1lon. Provided, this waiver 1nd lndeallffcatlon shill not bt construed as ttleu1ng King County, Its 1uce111ors or assigns, fn1111 llab111t,1 for d..,ges, Including tlle cost of clef1n11, resulting In whole or In part fl'OIII the neg11,.,,ce af King County, Its successors. or assigns. TIiis subdivision, dtdlcetlon, 1111vtr of c1a1as and 1gra.,.nt to hold 11a,.1,ss ts .. de with the free consent Ind In 1ccord1nce with tlle deslras of Hid owners. IH WJ'l'IIESS WHEREOF 1111 11t our bandl and 11111 • liii ? ~=-<·fb.</ 6~· Lii l'J'ATE or WA5BJ1'G'l'OII J ) eo1111ty of ~t<l.ll"'§~--• ••• ..... liiii .... On ~ii lllay penonally app11red before M .&~i::,,.,,.i.;1 :s,:._V:'---J[:a....-'i.s ... a.::S.;;$..._.Gi_a:-6¢,._ i \ti ..J\\l'.i x?ac <'.""" . t.o .Afnovn Gii £he lrialvldual-3' deacriiid In ind WDo •••c11£ei the vi £6In and foregoing lnatruaent, and acknowl1,!gelll tllat :±bell'. dgned tb• •-• •• »e:C fr•• and wolptary .act and deelll, Tor' £61 us11 and purpo111 Eli1r1"1n .. ntioned, GJVEJI under ay band and official Hll tbll ? 3.@ day of _.4=(t:i..',_, 1,.._ __ , 11...z.:.:_. Short '11t t • ' ' ~ tt. tac ~~~!,~ if~? JJJi, le ! j I I ! ~ ·:-;:-:· . ,;JTY.J)F RENTO!J FlGHLii.NVB PARK tr,T .{INE A:ii,T!JSTMENT LUl!,;:.i(,5:,-;_i:;:.::;__ .r' _ _.-·. ... ---.. -- - r /.Cit:!'~(JM..£UGEME}l 1S ·-----·------~ .. ;-, . r.- ' •<It' -J../j..,l_\(". ~' · i[ .i~!CI -'·-~-~ .,,. ,-:.:L:"~-~~--·,r"'- ~ )II..:~ -~~" --~- <I, -,, ',[ 1:1 -'., fi'."f-~ '·l·' ' '!' ,_,,.,_ ,y:~~~i~~{: ,,, -\~I:·1)-ir -:~ •,. t:,~.~~1-\\f~~:\.:S.- ,,:,, ~ 1-,:_ ' ·I~ •c, -,-, -·a f, --'I H --' ', -,,, f.-.,,'..J;:"".::·. ·'1\ ... ~,stH_;__ _.f.:..'J:_1_-'j_4,_,[ "f.,l LEGAL DESCRIPTION I li"I' •,/, , .t -',ii ·>Jffl . .,,~,r; "I ''I>· ;:.;!,-.M. -~ \ ·. . .. - l<.I 171'.-',,l!,;, " ' " -.,,_-. '', ! R[ST~lc,n~t;sl';::t{~ki''.:ii, :;: (i:;:\{;/r:,:> ··-/. ,' )'f,!:,I: 1-,-• '~:~i 'l " 'Tl' ·_.r. __ :'.-'~: :.,, .r;u·,1}:.'!/,;~~::.-;;;e;' · " Fl"1~ ·, '°,··~11.'i"F~;r, ··X·c· \/" ~--111 "i ,ff,: , I., -·.;.:,s ~~t?n:s ____ _ ,·,·r· ,[.-.- ,, f·.·:1-t·:;1,c.• -cc " ,l-.1. ,. I" II .·:{i~~-~ ii;_:t~i.i .;~,~~;£}:~~}(\' -•:~:~1,l ~;;)t' ~~r~l~ii;;-'.:{'c;.;i{t;, ·.· c.-:i:!:I:UO:' w· ·,1--·.-r, n .• I·'.'.--~-,.'! -'!·I Ith" ,ll•leli;·.11:~IT'U.~n-, I' ·., ;:::;:~;;:,~:::'.';,:.t::;:,:;t· :\:/::'.' .. :,:-,: REFERENCES !·.: .r u~.:.T~·..,,, (,:_;;:_;·"'"' ,,,.,·-:;·"" :~~ .. ,, ,, --~ .... ; ' "'' Wl ''ti"·;t ~\/-'-''Jl,'01;''; ' --F -I ---'"'''"' . I ...; .. ,.,.·;-,,~~4J,. I I :' ,;;.t"" ''·· ~· ,,, }. /',, ·····.i~:~ ..... ~ .... :~ ilil' ,i t ~:~.:-;;~~-;_f-" [ ·<---~~-J c t~.l ',;.u-t: t: . 'i, ' ·' ·r.·· l --.--,-.-.-;·;:::~ ~ ~p~::·;,"~~ l's J;,_,, I •r:· ;JE:r . .rr ·,~, 'I"" U> l.c\ -, c--. ·c,=- ---;~: ~--:)fr'.. · 'HJ± • c.s·~·,., !-·' ,;i:, - t " -:r. ,- ' i +. 1, ' ~,. r•, i I Ci",,,...O: iE " """" ·~ .. · · " 1 .1.,//~-,~-Wu,Ji/,~I-"• ?8(l,'.F f ·. 1:'5.lltr• ·,s-:-· r.,, ns.e11:< ~~ ,; ~' ·~f!ESl_?N ·-'-'-~-~NV!~-~.EJ?,)N,;;· P.:J~~·1N'G -:~Lll?\IEY;.:;~G __ -,-·. !··-'···· t! .. ,, --. ,,-.·; .,,· i : C:7:. : v., l'I ;. ·-"1 re-:~:;-f, ., -.;, r· ---~ If-11 t --------• ------E -_, __ ,__ J f ,, )' I _J '. ' ~ ~, ·---1 iil ~ E --:::;i '~ ,;o > z~ 8 "'~ 0 " > z 'SI C, t:, t:, ~ C ... t!:I) ~ ,, @~~ '-,_, >.., p ,:: :,, C :,:rj ~z z :\ ' ,_, I L. ,I ' ·,! ' , i I ! "' -:;·· .!.,.., . I ~-... z ~·. 0 ,· i . ..t.. i ·./ I i--~-- h, ' ' 1, .. \ ' I. , I ··.I ' ( __ ------·---· I I . JI -·.-... ··...-.. , ·-·. VESTA AVL S,E. ----- ..:J.., ,, '' ' • +-• l I \ i I I I':· i- l .. ' ,. J , a- ll) § N ~ DECLARATION OF EASEMEN~' • l,~v 10 All 8 .3o DIRECTOR RECORDS 6. tL!tCTIONS KlfiG C::JNi'f, WA.!:·H. GRANTORS, GEORGE H. BALES and ALICE C. BA.LES, his wife, for and in consideration of the mutual benefits of the parties, do hereby grant and convey '-o ANDREW H. FORRAS and NANCY L. F'ORRAS, his wife, GRANTEES, an easement for ingress and egress over the following described real estate situated in King County, Washington: That portion of the Northwest quarter of Section 14, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point which bears North 87°58'50" West 30.01 feet and North 00°28'50" East 30.01 feet from the Southeast corner of the Southeast quarter of the said Northwest quarter; thence North 00°28'50" Eas't 600.33 feet to the point of beginning; thence continuing North 00°28'50" East 10 feet; thence North 88°04'29" West 152 feet; thence South 00°28'50' West 10 feet; thence South 88°04'29" East 152 feet to che point of beginning, hereinafter referred to as the easement property, subject to the following limitations and covenants: 1. Duration. The easement shall be perpetual. 2. Benefit. The easement shall be for the use and benefit of the Grantees, their successors and assigns of the Grantee's interest to the following described property: A portion of the Northwest quarter of Section 14, Town- ship 23 North, Range 5 East, W.M. in King county, Washington, described as follows: Beginning at a point which bears North 87°58'50" West 30.01 feet and North 00°28'50" East 30.01 feet from the southeast corner of the Southeast quarter of said North- west quarter; thence North 00°28'50" East 536.54 feet to the point of begin~ing; thence North 88°04'29" West 152 feet; thenc<, :iorth 00°28' 50" East 63. 79 feet; thence South 88°04'29" East 152 fe<Sl; thence South 00°28'50" West 63.79 feet to the point of beginning, hereinafter referred to as the benefited property. 3. Use. The easement property shall be used only for ingress and egress to th~ easement property and to the benefited property. Parking shall be prohibited upor. the ea~ement property . • :..;. L:'.. ~ ~:. Page One •l~W.1:.J· I 4. Reservations. Grantors reserve for Grantors, their heirs, successors, devisees and assigns, the right to use the easement pro- perty for all purposes not inconsistent with the use for ingress and egress from the beL·>fi ted property. 5. Maintenance. Grantees, their successors and assigns, cove- nant and agree, at their sole cost and expense, to maintain the ease- ment property in its present condition or in such improved condition as may be attained in the future, except that the Grantees, their successors and assigns, will not be responsible for repairing or correcting any damage to or destruction of the easement property, or any part thereof, caused by other parties in conjunction with or as a result of services or work performed for the establishment of improvements, which improvements are contracted for, requested or accepted by the Grantors, their heirs, successors, devisees and assigns to the following described property: That portion of the Northwest quarter of Section 14, Township 23 North, Range 5 East, W.M. in King County, Washington, described as follows; Beginning at a point wh'.ch bears North 87°58'50" West 30.01 feet and North 00°28'50" East 30.01 feet from the Southeast quarter of said Northwest quarter, Thence North 00°28'50" East 600.33 feet to the point of beginning; thence continuing North 00°28'50" East 30.01 feet; thence North 88°04'29" West 1,248.44 feet; thence South 00°23'52" West 157.07 feet; thence South 88°03'05" East 1,096.22 feet; thence North 00°28'50" East 127.52 feet; thence South 88°04'29" East to the West margin of 156th Avenue Southeast, a distance of 152 feet, to the point of beginning. DATEP tnis day of Nove~ber, ~~ George H..-Bales ,,, n..) i I fl ~ b C /. ;a (;:_ /\lice C. Bales STATE OF WASHINGTON cotmTY OF KING ss. 1976. a~rw,, , ~ Andrew H. Forras Nancy L. r'orras On this·. -day of November, 1976, before me, the undersigned, ('\J a Notary Public in and for the State of Washington, duly commission- ed and sworn, personally appeared GEORGE H. BALES and ALICE c. BALES, his wife, to me known to be the individuals described in and who executed the foregoing Declaration of Easement, and acknowledged to me that they signed and sealed the said instrument as their free and voluntary ~ct and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this cert.i ficate above written. STATE OF WASHINGTON) ) ss. COUNTY OF KING ) -· . .._; ~-.. ·__;;.-/,..1·-·)-·-, -,;_;:- Notary 'Public in and for tho;, Stai:e' ot'· Washington, residing at Kin_,f Cpgnty .• I ';:.• I On this_'~(-"aay of November, 1976, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ANDREW H. PORRAS and NANCY L. FORRAs·, his wife, to me known to be the individuals described in and who executed the foregoing Declaration of Easement, and acknowledged to me that they signed and seal~d the said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate first above written. Page Three Notary Public in and for the State of Washington, residing at" King Coun't"y· .. : .,; ,. r . ·. "' ORIGINAL EASEMENT 1-",,r .-nd ,n cons1dt-ra1t,m o( One l>l)llar ($1 UOI ilnd 01htt ,·alu.hlc rnn~1,krGtmn. the rt"cc1r1 111 ~h1,h 1~ hnch~ ac~;i,i,i,kdgnt. DEWEY F. ROSS and VIVIAN H. ROSS, husband t1nd wife, ( .. Granttu .. herein). hi:uby piinh. i·on,·cy~ and. 11arn1nts to Pt:cif l S.Ol''.'ti I) POWER & UGH I rOMPA \ Y. a Washineton c1Jrpor.uion r'Gramee .. ftl"rcin). for lht" purpoSb hlt'reinallt'r ~t"I forth. ,1 (}("fPl'tu.al cahcnwn1 01·cr. a,·ro~~ and undr:-r the followinr. dcscril>td real prop.=riy {lhi:: .. ProFX"rly"' MrC'in) in King ('ounly, Wash1ngion ss ·o-::: ·0-1 SEE EXHIBI'l' "A" ATTACHED HERETO RECL' F CASHSL ,t:·~·,nt:5. 01) 55 1% EXCISE TAX NOT P-EOci'""~ Ki;;~ Co Rt'cci.:!::: i'., · 11 Bi ,J. 12 qjl4.u1 Except as may be 01h1:-rwisie Sf:I forth hen:·in Grantee's rights shall t.€ cxcrd~d upon thal ponion or Jhl' Prupcny I thl" ·Righi-of-Way .. hac:in} described as follows: A Righ1-of~Way ten { 10} kl"': in width tia,,,.fo,g five ( 5) fM ofsuch .,.,-idth on ieach side of a cc:nlerline described u follows: The centerline of Grantee's facilities as constructed or to be constructed, extended, or relocated, lying within the above described Parcel c and within the South five (5) feet of the above described Parcel A. ~r;o ;;!=" n-< ~ 0-; ~;}~ :,, '" c-. ,,, \~) ~ ..... :2 r-.: · . a,i'E"T OF· f'I_E:D FOFi RECORD ATJ!c~ r. . p~:,·.::. I !',J.\·t:S: :..· o ~ . . .-·~ ·.r .. ,·\t!SION z \-~-. ~,..~"i,-~;_.:i~:t ~~·. JG. ; ~ 5~ ~:.::t~vu~:·v;,\Sti1hUTON ~ 1,TTENTION: ml\ED!TR SHP. I. Purpose,. Grantee shall ha\.'l! the rig.hi to constrnc:1. op:rate. maintain. rr-pair. ~platt and tnlarge -..ae: or more c:IC',."tric lransmission and/or dislribut:ion lines on:r and .. or under the Righl-o(~Wa!,' logc:ther wi1h all necessary or con,·cnienl appurtenances thereto, which may include bul arr not limited 10 the fol.lowing: a. Ontklad fadllties. Po~ andior towers with crossarms.. bracn. guys and anchors. elt(tric transmission and dlStributiol'l lincs. communication and signal lihf"s; lransformers. b. Unda'troUIMI ladllths. Underi!round condui1s. cables., vaults. manholes., sw:itchl"S and 1ransfo~n;; semi- buried or ,round mounted facilities rnch as pads, transfon:ners and switchei:. Following the initial consuuction of its faciliti~. Granttt may from ti~ to time construct such 1ddi1ional lines and other facilities as it rnay rt'quirc. 2, Acass. Grantee shall ha~ thcriatn of ac~~s to1hc Right-of-Way cvtr and acrO§S the Property to enabl~ Grantc-t lo curd~ ii rights hncunda. provided. that {,irantec-s:lull compensate Grantor for any damage lo tht Propcr1y caused by the exerriM: of said right ttf aro:ss. 3. Cuttin& ofTtts. Grantee shall hl\'C the rig hi to cut or lrim any and alt brush or trtcs standing or growing upon the Right-of-Way.and alro therigh110 cut or trim any trees upon the: Property which, infallir..f.. rould. in Grantec:'s rcasonabk judgemcnt, ~ a hazard to Grantee's faa1itlCS. 4. Grantor's us.DIRf&M:-or-Way.Grantcr ri:-se-r,,es th~ right lo u~ the Right-of-Way for any purpose not inconsisten1 with 1hcrights httein granied. provided, 1ha1 Grantorshafl not construct or maintain anybuildingoroiherstructure on the Right-or-Way and Gnmtorstiall do no blasting within JOO f«t ofGrantee"i;: facilitiet. without Gratu~·s prior wrincn consent. 5. Jndemnity. By accepting and re1;ording this easemcni. Gra.nt«agr«,; 10 indemnify and hold harmles!l Gra ntor from any and all daimi for injuries.and; or damagtS suffered by any person which may be caused by the Gran1ec ·s c11:ercise oft h~ right1 herein gran1ed: provided. tha! Grantee shall not be rellponsible 10 Granlor for any injuries and I or damages to any person caused by acts or omissions of Grantor. 6. Abandon111ent. The rishts htrein.~ranted shalt continue until such time as Gruntccccascs 10 use the Risht-of-Wa~· for a period offi"c(5) suc:cc,.sivc ycan. in which i::vcnt this easemcm shall tetmit111tc and all r:,ghts hereunder shall itttn to Grantor. provided.1h11 noabandonmcm ~hall OC deemll.'d lo have occt1md b)' reason of\s1111itcc'5f1ilure10 initially install i1s facilities on the Right-of-Way wilhin any period of time from the date-hereof. R-2086 KW, " nu• 2 ... 8 ' _·ndi1 nl and. he bmdin(t upon• STATE OF WASH!~ fON ss --. . --~"" COl'l\l Y OF I v"J · :.~ . :,,,L?~~ On [ ,~ daJ pcrsumtlly appc:an:d before me Owe;Y C hps '5 ; hb/<'!l(:•:ft."~ 5 \ hl IUc:' known to be J~ 1nd1vidual2-.descri~_p i~ and .,.,ho l'XC'Cllled the "111hin _and forcg.,1ng_utjirume~1, ~\ ~ adnowl.:dged 1hat ~S1@:ned the same: as..:,akLJ:::._lr('e and '\Olun1.iry iill1 and dmJ lor 1he U!it~ and ~UU¥1fS? th~ioi ~\ men111cncd. i , ()-, .... ; ~J.-~ ,~;II ~ .. ·,~,,,.-:I:, GIVEN und'1' my hand and official ~eal this ~day ol -.-:,.J.~ j ·- STATE Of WASHINGTON ) ss cou:,..:ry OF > ~~~'!~-;.:-.-··. ,,/i n:sidingal On this day personally appt:am:i before me -------------------------- 10 me known to be the indi\.·idual--d~cribed in and "-'ho c:u·roted thl' 1.1."'i1hin and forc!(ling instrument. and acl..nowJcdgcd rha1 ____ signed the same as ____ treeand volun1ary aci and dttd for the uses and purpil)S('!!. therein mcntionNl. Gl\1£~ under my hand and official ~al thi, ___ da~-of ________________ • J9 ___ . STATE OF WASHINGTON COUNTY OF ) ss ) "-'.01.ary Public in and for the Stat,c-or Washiniton. n:siding al CORPORATE ACKNOWLEDGMENT On thn' ___ day of _________ _ . 19---· bcfo~ m11\ the tindcnigMd. personally appcaltd -------------------~•nd-------------------10 me known to be lhc and • rcsptctively. of rhc corporation I hat c.xcruted the foregoing instrument. and acicnowlcdaed the said instrument to be the free and voluntary act and deed of said corporation. for lhc uses and purposes 1hcrcir1 mentioned. and ;an oath stated 1ha1 au1hori1:ed to execute the Yid instrument and dsat tM' seal affiud is 1h~ corporate seal of said corporation. Witness my hand and omcial seal huelo affixed thi::-day and year first above writ1en. ;-..otary Public in and for lhe Slate of Washington. residing at Ros:s R-208 6 PARCEL A: EXHIB1T "A" That portion of 'he Southeast quarter of the Northwest quarter of Section 14. Township 23 North 1 Range 5 East, W. M., in King County, Washington, described as follows: Beginning at. a point North 0°28 1 02" west 30 feet and North 88°55'44" West 30 feet from the center of said Section 14;: thence continuing parallel to the South line of said Southeast quarter of the Northwest quarter, North 88°55'44 11 West 1247.10 feet to the East line of the West 30 feet of said subdivision; thence parallel to the West line of said Southeast quarter of the Northwest qliarter, North 0°33'02" west 157.07 feet; thence Soutt. qa 0 57'17" East 1247.34 feet ot a point North Oa28'02" West from the Point of Beginning; thence parallel to the East line of said Southeast quarter of the Northwest quarter, South 0°28'02" East 157.51 feet to the Point of Beginning; EXCEPT the East 150 feet thereof. PARCEL B: ----- The west 30 feet of the Southeast quarter of the Northwest quarter of Section 14, Township 21 North, Range 5 East, W.M., in King County, Washington; EXCEPT the North 187.07 feet thereof- PARCEL C: The South 30 feet of the Southeast quarter of the Northwest quarter of section 14, TOWnship 23 North, Range 5 East, W.M., in King County, Wa5hington; EXCEPT the East 30 feet thereof. ,, , KING COUNTY WATER DISTRICT NO. 90 KING COUNTY. WASHINGTON AGREEMENT FOR TEMPORARY WATER SERVICE THEUNDERSIGNED---6'.oNd,t /',,C,y~~ i __Ll~ t=-ffl4/( B6tA~i _____ _ !husband end wife). owners of lhe roll owing described real prnperty In King County, Washington, fo wil: {insert legal description). ;;.,· •. · :;.;:.1~[. Forand In consideration o1 King County Water District No. 90. King County, Washington, herelnaller called Olslricl, granting permission ID conneel a private temporary line lo said property, does hereby agree as follows: 1. USES: Water Service shall be for one single family home. 2. EASEMENTS: The Owner shall obtain from others at his sole cost.all easemenlswhich maybe necessary for the installation ol the temporary service line; and if required by the District as part of the consideration for said p9rmission, the ur,dersrg11ed shall grant and convey lo the Dislricl easements over, through, under and acro:s.s the above described pr open y for waler mains and appurtenances for lhe implemenlatlon ol the comprehensive plan or for the Improvement o1 lhe water supply of the system or lhe> District 3. COSTS: The Undersigned agree to pay the following cosls: a) meter and serJica installation charge b) general facillly charge c) specfal 1emi:iorary service charge s --l~Z~S~·"~"~---s 1 00,00 S ~"='~o_.,,_o ___ _ These charges must be paJd prior to the Oisl(ict providing any service. (tns1allation of me!er, el cetera) 4. TERM • LENGTH • OF AGREEMENT: This lemporary service agreement, and the temporary service provided hereby. shall terminate at such time as the Dislricl has permanent waler main service available for the property here in question; PROVIDED, tha1 lhe undersigned sha.ll be entitled to thirty (39) days' notice of the termination of said agreement s. PERMANENT WATER MAIN: At such time as the District has available to lhe u,1dersigned's property, water service from a permanen1 main, the undersigned shall connect lo said main; and al such time, pay to the District Iha prorata cost of /!aid main which is property allocated to his properly and shall further pay lhe cost of movlr:g the meter 1rom Its original location to connect to the new water main. together wllh the cost of connectJon. It Is agreed and understood that the cost of such future main shall Include the lnslalla.Uon and construction expense of said marn, the O!st:-lct's administrative overhead charge of t..;£_ % the engineering and legal expenses a1tribuled to such me.In conslruclion; pun;uant to Resolution No. 262, Resolution No. 352 and Resolution No. 357. 6. ACKNOWLEDGEMENT OF FIRE PROTECTION PROVISIONS: That atta,:hed herelo is an acknowl- edgement by lhe owner-apptic1nt that the temporary water service may not be consislent with the King Count~ Are Code Ordinances in providing adequal£ water !low for fire protection. 7, TERMINATION: Ir this agreement ls not tu/lilted by the underslgnedwllhin nlnety(90) days from the dale of its execution, then lhe Agreement shall become null and void and the applicalion fee, to be distinguished from lhe costs provided for in paragraph 3 above, shall become 1he property of thl!! Olslrlct and all rights ol the owner and/or undersigned shall be terminated. I' ' - • a. TITLE-PARr,iiS BOUND BY THIS AGREEMENT: This agreement shall be a covenanl running with the land and shalt be binding upon the undersigned, any and all successors In interesl, heirs, personal represenla!Jves, assigns, rentor.s, and lessors. IN WITNESS WHEREOF the par11es have executed this agreement the -~~--day of 11n,· L , 198.!'.. :~j¢ffo~ KING COUf'JTY J~TER DISTRICT NO. 90 I I ' By : :l', -'·.-..-- OISTfllCT ~ATE OF WASHINGTON) ~unty o1 King ) ss ~ On this day personally appeared before me _~(I': d r\" d F It' .H Jt.., /( /3 If 'ti fi.-T , ~me known to be lhe lndlvldual(s) described In and who executed the foregoing Instrument and acknowledged ,~Jgned same as~free and voluntary act and deed lot the u.ses and purposes lherein menlloned. ~EN under my hand and official seal this .-----L . day 9l ~p,e, L. . 198.!:. A0a ,,.__.;JALr---- N0TAAY PU-BUC in and ,or e State of Washlng_ton, residing at / 'l, 'f , + 6 e I 3 if 17i, -f' ... , ... ?u"l-< STAT!, OF WASHINGTON) .. Counly of King On this day personalry appeared before me __]JJ_a 11n d S ( A:.5H J,""' · fob ,e ~.c. to me known to ba the Presldenl and Secretary respecllvely or KING COUNTY WATER DISTRICT 90, and acknowledged that they were aut~orized lo execule the within Instrument on lhe District's behalf, that lhey execute same as their free and voluntary act and deed for the uses and purposes therein me,,tloned, ,.,.Ot't:1.!'M=C,1 !Jl.$1.•t ·.JN #-· ;/ 'd ·c. ,(" 'r.z I':"· ,uNO. r1n l""""" IIA11 8 --~ ........... ; I~ -fYe s., /'57,0~· N01ff1 ,. ~ ,., Ji KA~f.: 1 .. •Le2...' ., a pp,lf'K ~, ~ • ~ •• 0 ,;01t-LOG-,,_ :i ,.;. •i,5>-:> ·,. ' ,..,. •1,. I"\ L, i~-.;t 1 1',: " ~I )I ! "' V,J "" "' r-< \ "' j I"' o> 'l 0 d ... ~ ·, N f· ! .,. 0 ,r, il) i. il) iN ' I' ? ~ ... ,-.. II N I r ~ I "' ~ .I 'v l l, ' ,. ~ I I ~ -.ICFF r···· ···--~--- l l ! ~ l ! I t WHEN RECOROED RErlJRN TO: Office of the .::ty d.:rk ~nton Munici;~l Oul1ding 200 ~"·enueSouth Ren A '"'1R u, Q "' t,_;,.; ~: ~ ,C:: ~ C; ,. ' ~ = -- CITY OF RENTON, WASHINGTON ORDINANCE NO. 4612 AIJ ORI>llQlfCB OF 'l'lm C:tr.t' OF D:NTOII, ~, BSTAJIL:ES:S:Im All .aJJSE!!SJlliN'l' DISTRICT POR SUl:t'TARY SX1111tR SERTIC::S DI A PORTION' OP THE SOOT.I[ llI-5, DATIIBR DOIIRS, Ala> DPLBIIOOD S'lJB-BASms AHD BSTABLISBDIO TBB AIIOUJIT Olr 'l'HB CIIARGB Ul'ClN' CONNECTION 'l'O 'l"D: l'ACILlnES . TllB CITY COUNCIL OP THE CITY OP RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SBCTI<»J ;,;. There is hereby created a Sanitary Sewer Service Special Assessment District for the area served by.the Bast Renton Sanitary Sewer Intercepto~ in the northeast quadrant ot the City of Renton and a portion of it:s urban growth area within unincorporated King County, which area is 1110re particularly described in Exhibit ~A• attached hereto. A map of t:he service area is attached as EXhibit ~a.• The recording ot this document is to provide notification of potential connection and interest charges. While this connection charge may be paid at any time, the • City does not require payment unt:il. such time as the parcel is connected to and thus benefiting from the sewer facilities. The property may be sold or in any other way change bands without triggering the requirement, by the City, of payment of the charges associated with this district. SICffQH :r.I Persons connecting to the sanitary sewer facilities in this Special Assessment District and which properties I ~ "' ij g ~ X --~ i ::;! ii;: I ~ l-i ~ -I ~ 8 J i f • I 1 t ' ~ f ' ' ' i ' ' • I I I I I i I l i I ' ' j I • I ORDINANCE 4 612 have not been charged or assessed with all costs of the East Renton Sanitary Sewer Interceptor, as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional 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 W1it charge of $0.069 per square foot of property. Those properties included within this Special Assessment District and which may be assessed a charge thereunder are included within the boundary legally described in Exhibit ~A· and which boundary is shown on the 'mz.p attached as Exhibit ~B.• SECTZON rzr. In addition to. the aforestated charges, there shall be a charge of 4.11% per annum added to the Per Unit Charge. The .interest charge shall accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. RCTIQN IV. This ordinance shall be e!fective upon its passage, approval, and thirty (30) days after publication'. PASSED BY THE. CITY COUNCIL this· 10.th day of __ J!.1.1.!un!!e!e_ __ ,_ 1996. City Clerk 2 I i • I i OKDINANCE 4612 APPROVED BY THE MAYOR this 10th day of ~J~u_n_e~~~~~' 1996. Tanner, Mayor Appro~as to form: ot:~~~12·- Lawrence J. Warren, City Attorney Date of Publication: 6/14/96 ORD.576:5/20/96:as. I ! • 3 •• • 1 ' .J 1 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 all in Township 23N. Range 5E W.M. in King County, Washington Seetlon 8, Township 23N, Range 5E W.M. All of'that portion of Section 8, Townshlp 23N. Range 5E W.M. ~ East of the East right-of-way line of SR-405 and South of the following descrlbed-llne: Beglnnin,I( at the intersection of the East llne of said Section 8 with the centerline of NE 7th Street; thence Westerly along said centerline of NE 7th Street to its intersection with the centerline of Sunset Boulevard NE; thence Northerly along the centerlm.e of Sunset Boulevard NE to the North line of the Southeast 1A of said Section 8; thence West along sald North line to the East right-of-way line of SR-405 and the terminus of said line. · Section 9, Township 23N, Range 5E W.M. All of that portion of Section 9, Township 23N, Range 5E W.M. lylng South and East of the following described line: · Beginning on the centerline ofNE 7th Street at its Intersection with the centerline of Edmonds Avenue NE; thence Easterly along the centerline of NE 7th Street to its :Intersection with the centerline of Monroe Avenue NE; thence North along said centerline to the South line of the Northeast 1A of said Section 9; thence East along said South line to Its intersection with the centerline of Redmond Avenue NE; thence Northerly along said centerline to its intersection with the centerline of NE I 0th Street; thence East along said centerline to the East line of said Section 9 and the terminus of said line. Section 10, Township 23N, Range 5E W.M. All of that portion of Section 10, Township 23N, Range 5E W.M. lying Southerly and Westerly of the following described line: . Beginning on the West line of Section l O at its intersection with the North llne of the South Y.., of the North 1h of said Section 10; thence East along said North line to its Intersection with the centerline of 142nd Avenue SE; thence Southerly along said centerline to its intersection with the North line of the Southeast 1,4 of said Section 10; thence East along said North line to its intersection with the East line of said Section 10 and the tennlnus of said line. I t I l i f ! ,. ! j ~ r i l / I ' I j Legal Descript:iun of the Special As=sment District fer the City ef Renton-East Renton Interceptor Section 11, Township 23N, Range SE W.M. All of the Southwest ',4 of Section 11. Township 23N. Range SE W.M.. Section 14, Township 23N, Range 6E W.M. Page2of3 All of that portion of SecUon 14. Township 23N, Range SE. W.M. descnbed as follows: All of the Northwest 'A of said section, together with the Southwest !4 of said scctlon. except the South ¥.. of the Southeast ',4 of said Southwest 'A and except the plat of MclnUre Homesltes and 1/i of streets adjacent as recorded in the Book of Plats, Volume 58, Page 82, Records of King County, Washiogton, and eia:ept the South 151.55 feet of the East 239.435 feet of Tract 6, Block 1 of Cedar River Five Acre Tracts as recorded In the Book of Plat.s, Volume 16, Page 52, Records of King Councy, Washington, less ~ of the street abutting sald portion of Tract 6, Block 1, and less Tract 6, Block 2 of said Cedar Rtver Fl.Ve Acre Tracts, less 1h of the street adjacent to said Tract 6, Block 2, and except the South 82. 785 feet of the East 150 feet of Tract 5, Block 2 of said Cedar River Flve Acre Tracts and less 1h the street adjacent to said portion of Tract 5, Block 2. Section 15, Townshlp23N, Range SE W.M. All of that portion of Section 15, Township 23N, Range 5E. W.M .• except the Southwest V.. of the Southwest 1A of the Southwest V.. of said section. Section 16, Township 23N, Range SE W.M. All c)f that portion of Section 16, Township 23N. Range SE W.M .. ex:cept that portion of the Southeast ',4 of the Southeast V.. of the said Section 16 lying East of the East line of the Plat of Maplewood Division No. 2 as recotded In the Book of Plats Volume 39, page 39. Records of King County Washington and its Northerly extension to the North line of said Southeast 14 of the Southeast 1A of the said Section 16 and except that portion of said section lying Southerly of the Northerly right-of-way line ofSR-169 (Maple Valley Highway). ' Section 17, Township 23N, Range SE W.M. All of that portion of Section 17, Township 23N, Range SE W.M., lying Northeasterly of the Northeasterly right-of-way of SR-169 (Maple Valley Highway') and Easterly of the East right-of-way line of SR-405 less that portion lying generally West of the East and Southeasterly line of Bronson Way NE lying s i I J I l l ! l l ! l I j I • ' ! I Legal Descriptwn of the Spedlll Assessment District far the City ofRmton-East Rmf.on Inlerceptar Page3of3 between the South line of the NE 3rd Street and the Northeasterly margin of SR- 405. Section 21, Townshlp23N, Range SE W.M. All that portion of Section 21, Township 23N, R 5E W.M. lying Northeasterly of the Northeasterly light-of-way line of SR-169 {Maple Valley Highway) and West of the East line of the Plat of Maplewood DMsion No. 2 as recorded in the Book of Plats, volume 39. page 39, Records of King County, Washlngton. Section 22, Township 23N, Range SE W.M. All of that portion of Section 22. Township 23N, Range 5E W.M. desc:ribed as follows: All of the Northwest 1i4 of the Northeast 1,4 of said Section 22 lying Northerly of the Southerly line of the Plat of Maplewood Helghts as recorded In the Book of Plats, volume 78, pages 1 through 4, Records of King County. Washington. • Together with the North 227.11 feet of the West 97.02 of the Northeast 1A of the Northeast 'A of said Section 22. ! I I l i i 1 Exhibit B EAST RENTON INTERCEPTOR Special Assessment District Boundary 2000 1:24,000 -------City Umi .. IZT...T..7-1 specicl Ass-,t Dlstrld I I f I I ~ I ' J I I l 1 ' 20050914000851.001 WASHINGTON DEED OF TRUST, SECURITY AGREEMENT AND ASSIGNMENT OF RENTS AND LEASES (INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE) Granlor(s): Burnstead construction Co. Grantees: u. s. BANK N,A , as Benefici_ CHICAGO TITLE INS. oriJ!) FIEl'1 7/0 .}._ 2,fil. • ,-.. U.S. BANK TRUST..___C_QMPANY, N.~~-~·-'au&L...Turu'--"Js~tk5'.e%e ______________ _ Legal Description: Lot 1 KCSP #678P63R.___E.EC._ __ #781;2110857; and POR:UON SEO NW0 SECTION 14-23-S. --------------------------------(Additional on page 2) Assesso(s Tax Parcel or Account Number:Parce~ _A~-~l~4~2~3~0~S~-~9~l.~1~0~--0~0~~a~n~<l~----------- Parcel B-14~~05-9083-03 Reference Number of documents assigned or released: NOT APPLICABLE This Washington Deed of Trust, Security Agreement and Assignment of Renlsand Leases{lncluding Fixture Fmng Under Uniform Commercial Code) ("Deed of Trust ") is made and entered into by the undersigned borrower(s), guarantor(s)and/or other obligor(s)/pl&dgor(s) (collectivelythe "Grantof) in favor of U.S. BANK TRUS;r._. __ COMFANY, N.A. , having a mailing acldre~f;W OAK, PQRTw.ND, OR 97204 (the "Trustee''), for theben&fitof u. s . BANK N. A. (the "Beneficiary'). as of the dal& setforth below. ARTICLE I. CONVEYANCE/MORTGAGED PROPERTY 1.1 Grant of Deed of Trust/Security Interest. IN CONSIDERATIONOF FIVE D0LLARS($5.00)cash in hand paid by the Trustee to the Grantor, and the financial accommodations from the Beneficiary to the Grantor as described below, the Grantorhas bargained, sold, conveyed and confirmed, and hereby bargains, seUs, conveys and confirms, unto Trustee,ils successors and assig11s, for the benefit of the Beneficlary,the Mortgaged Property(defined below) lo secure all of 1tie Grantor's Obligations (defined below) to lhe Beneficiary. The intent of lhe parties hereto is that the Mortgaged Property secures all Obligations of the Grantor to lhe Beneficiary, whether now or herearter existing, between the Grantor and the Beneficiary or in favor of the Beneficiary, includlng, without limitation. the Note (as herein defined) and, except as otherwise specifically provided herein, any loan agreemant, guaranty, mortgage, trust deed, lease or other agreement, document or instrument, whether or not enumerated herein, which specifically evidences or secures any of the indebtedness evid~nced by the No1e {together and individually, the ·Loan Documents"). The parties further intend that !his Deed of Trus1 shall operate as a security agreementwilh respect to those portions of the Mortgaged Property which aro subject to Article 9 of the Uniform Commercial Code. 1.2 "MortgagedProperty'"means all of the following, whether now owned or ex isling or hereafteracquired by the Grantor, wh&rever located: all lhe real estate described below or in Exhibit A attached t!ereto (!he "Land'), together with all buildings, structures.standing timber, timber to be cut, fixtures, equipment, inventory and furnishings used In connection with the Land and improvements; all materia!s,contracts, drawings and personal property relating to any construction on lhe Land; and all o1her improvements now or here.aflerconstructed, affixed or located thereon (lhe "Improvements') (the Land and lhe Improvements collectively the "Premises'); TOGETHER with any and all easements,rights·of-way,licenses, privileges, and appurtenances thereto, and any artd all leases or other agreements for the use or occupancy of the Premises, all the rents, issues, profits or any proceeds therefrom and all security deposits and any guaranty ol a tenant's obligations thereunder (collectively the "Rents'); all awards as a result or 1714DWA gtlS bar.corp 2001 81 Page 1 of 9 6/03 20050914000851.00 condemnation. eminenl domain or olher decrease in value of the Premisesand all insurance and other proceeds of the Premises. The Land is described as follows (or in Exhibit A hereto if the description does not appear below): See Attached Exhibit A 1.3 ·obligations' means all loans by the-8enef1ciaryto Burns tead Construe:: t:ion Co. _ _ _____ including those loans evidenced by a note or notes dated :-"'0-"8-'--"2"'9"-"0"5'------------------------• in the initial principal amount(s) of $1. 820. 000. 00 and any extensions, renewals, restatements and modifications thereof and all principal, interest, fees and expenses relating thereto (the "Note"); and also means all the Grantor's debts, liabilities, obligations, covenants, wa1ranties,and duties to the Beneficiary, whether now or hereafter existing or incurred, whether liquidated or unfiquidated, whether absolute or contingent, which arise out of the Loan Documents, and principal. interest, fees, expenses and charges relating 10 any of 1he foregolng, including, withou1 limitation, cosls and expenses Of collection and enforcement of this Deed of Trust, and attorneys' fee,s of both inside and ou1slde counsel. The interest rate and maturity of such Obligations are as described in the documen1s creating the indebtedness secured hereby. 1.4 Homestead. The Premises are not the homestead of the Grantor. If so, the Grantor (are)tare·na1; releases and waives all rights under and by virtue of the homestead exemption laws of the State of Washington. 1.5 Deed of Trust Secures Commercial Loan. The Granlor and the Beneficiary hereby agree that the Obligations secured by this Deed of Trusl constitute a commercial loan and are not made primarily for personal, lamlly or household purposes. 1.6 Mortgaged Property Not Agricultural Property. The Grantor hereby represents and warrants Iha! the Mortgaged Property is not used primarily for agricultural purposes. 1.7 Deed of Trust Does Not Secure Environmen1allndemnities. Notwi1hstand;ng anything lo the contrary set forth herein or in any other Loan Document, this Deed of Trus, shall not secure the obligations of the Grantoror any otherobJigor under thal certain Unsecured Real Estate Environmental Indemnity dated as of even date herewith made by the Granlorin favor of lhe Beneficiary(the 'Environmantallndemnlly Agreemen!') or the substantial equivalent of lhe obligations arising under the Environmental Indemnity Agreement. All of such obligations (and the substantial equivalents thereof) shall constttute lhe separate, unsecured, full recourse obligations of the Granier and any other obligor identified therein and shall not be deemed lo be evidenced by lhe Note or secured by 1his Deed of Trust. 1.8 Construc1ionloan. D 11 checked here, this Deed of Trust secures an obliga11on incurred for lhe construclion of an improvement on land. including the acquisition cost of the land. ARTICLE II. WARRANTIES AND COVENANTS In addition to all other warranties and covenants of the Grantorunder the Loan Documents which are expressly incorporated herein as part of this Deed of Trusl, including the covenanls to pay and perform all Obligations, and while any part of the credit granted the Granter under the Loan Documents is available or any Obligations of the Grantor to the Beneficiary are unpaid or outstanding, the Granter continuously warrants to the Beneficiary and the Truslee and agrees as follows: 2.1 Warranty of Title/Possession. The Grantorwarrantsthatit has sole and exclusive titre to and possession of the Premises, excepting only the following "Permitted Encumbrances''; res1rictions and easements of record, and zoning ordinances {the terms of which are and will be complied withJ and in the case of ease-menls, are and wrn be kept free of encroachments), laxes and assessmentsnot yet due and payable and !hose Permitted Encumbrances set ror1h on Exhibit B at1ached hereto (except lhat if no Exhibit B is allached, there will be no additional Permitled Encumbrances). The lien of this Deed of Trust, subject only lo Permitted Encumbrances, is and will continue lo be a 1714DWA Page 2of 9 , ' 20050914000851.00 valid first and only lien upon all of !he Mortgaged Property. 2.2 Maintenance; Waste; Alteration. The Grantor will maintain the Premises in good and lenantable condition and will restore or replace damaged or destroyed improvements with items of at least equal utility and value. The Grantorwill not commit or permit waste to be committed on the Premises. The Grantorwill not remove, demolish or materially alter any pert of the Premises without the Beneficiary's prior written consent, except the Grantor may remove a fixture, provided the fixture is prcmptly replaced with another fixture of at least equal utility. The replacement lixture will be subjecl to the priority lien and security of this Deed of Trust. 2.3 Transfer and Liens. The Grantor will not, without the prior written consent of the Beneficiary. which may be withheld in the Beneficiary's sole and absolute discretion, eHher voluntarily or involuntarily (a) sell, assign. lease or transfer1 or permit to be sold, assigned, leasod or transferred.any part of the Premises, or any lnteresttherein; or (b) pledge or otherv,,tise encumber, create or permit to exist any mortgage, ptedge, lien or claim for lien or encumbrance tipon any part of the Premises or interest therein, except for the Permitted Encumbrances. Beneficiary has not consented and will nol consent to any contract or to any work or lo the furnishing of any materials which might be deemed lo create a lien or liens superior to the lien cf this Deed of Trust. 2.4 Escrow. After written request from the Benericfary, the Granlorwill pay to the Beneficiary sufficient funds al such time as the Beneficiary designates, to pay {a) the estimated annual real sstate taxes and assessments on the Premises;and (b) all property or hazard insurance premiums when due. lnterestwill not be paid by the Beneficiary on any escrowed funds. Escrowed funds may be commingled with other funds of the Beneficiary. All escrowed funds are hereby p~dged as additional security for the Obligations. 2.5 Tll)Ces, Assessments and Charges. To the extent not paid to Iha Beneficiary under 2.4 above, the Grantor will pay before they become delinquent au laxes, ass€ssmentsand other charges now or hereafter levied or assessed against the Premises.against the Beneficiary based upon this Deed of Trust or the Obligations secured by this Deed of Trust, or upon the Beneticiary's interest in 1he Premises, and deliver to the Beneficiary receipts showing timely payment 2.6 Insurance. The.Grantorwill continually insure the Premises against such perils or hazards as the Beneficiary may require, in amounts; with acceptable co-insurance provisions, not less than the unpaid balance of the Obligations or lhe full replacement value of the Improvements, whichever is less. The policies will contain an agreement by each insurer that lhe policy will not be terminated or modified without al leas! thirty {30) days' prior wrltlen notice to the Beneficiary and will contain a mortgage clause acceptable to the Beneficiary; and the Grantor will take such other action as the Beneficiary may reasonably request to ensure that the Beneficiary will receive (subject to no other interests)the insurance proceeds from the Improvements. The Grantor hereby assigns all Insurance proceeds to and irrevocably directs, while any Obligations remain unpaid, any insurer to pay to the Benefaciarytheproceeds of all such insurance and any premium refund; and authorizes the Beneficiary to endorne the Grantor's name to effect the same, to make, adjust or settle, in the Grantor's name, any claim on any insurance pollcy relating to the Premises. The proceeds and refunds will be applied in such manner as the Beneficiary, in lls sole and absolute discretion, determines lo rebuilding of the Premises or to payment ol the Obligallons, whether or nol lhen due and payable. 2.7 Condemnation. Any compensation received for the taking of the Premises, or any part thereof~ by a condemnaUon proceeding (lncludlng payments in compromise of condemnation proceedings). and all compensation received as damages for injury to lhe Premises, or any part thereof, shaU be applied in such manner as the Beneficiary, in Its sole and absolute discrelion, determines to rebuilding of the Premises or to payment of the Obligations, whether or ~l lhen due and payable. 2.8 Assignments. The Grantorwill not assign, in whole or in part, without the Beneficiary's prior written consent, the rents, Issues or profifs arising from the Premises. 2.9 Right of Inspect.Ion. The Beneficiary may at all reasonable times enter and inspecl the Premises. 2.10 Waivers by orantQr. To the greatest extent that such rights may then be lawfully waived, the Grantor hereby agrees for itself a:nd any persons claiming under the Deed of Trust that It will waive and will not, at any time, insist upon or plead or irl any manner whatsoever claim or take any benefit or advantage of (a) any exemption, stay, extension or moratorium paw now or at any time hereafterin force; {b) any law now or herealterin force providing for the valuation or apprais~ment of the Premises or any part thereof prior lo any sale or...sales thereof to be made pursuant to any provislo~ herein contained or pursuant to lhe decree, judgment or order of any court of compelent jurisdiction; {c) lo the ext:ent permi1ted by law, any law now or at any time hereafter made or enacted granting a right to redeem from foreclosure or any other rights of redemption in connection wtth foreclosure of, or exercise of any power of sale under, this Deed of Trust; {d} any statute of limitations now or at any time hereafter in force; or (e) any right to require marshalling of assets by the Beneficiary. 1714DWA Page 3 or g 20050914000851.00 2.11 Assignment of Rents and Leases. ·The Grantor assigns and transfers to the Beneficiary 1 as additional security for the Obligations, all right, title and interest of the Grantor in and to all leases which now exist or hereafter may be exacuted by or on behalf of the Grantor covering the Premises and any extensions or renewals thereof, together with all Rents, it being intended that this is an absolute and present assignment of the Rents. Notwithstanding that this assignment constitutes a present assignment of leases and rents, th8 Granter may collect Iha Rents and manage the Premises, but only if and so long as a default has not occurred. If a default occurs, the right of Granter to collect the Rents alld to manage the Premises shall thereupon automatically terminate and such right, together with olher rights, powers and authorizations contained herein, shall belong exclusively to the Beneficiary. This assignment confers upon the Beneficiary a power coupled with an interest and cannot be revoked by the Granter. Upon the occurrence of a default, the Beneficiary, at its option without noOce and without seeking or obtafning the appointment of a receiver or taking actual possession of the Premises may (a) give notice to any tenant(s)that the tenant(s) should begin making payments under their lease agreement(s)directly to the Beneficiary or its designee; (b) commence a forecrosure action and file a motion for appointment of a receiver: or {c) give notice to the Granlor that the Granlor should collect all Rents arising from !he Premises and remit them to the Beneficiary upon collection and that the Grantorshould enforce the terms of the lease{s}to ensure prompt payment by tenant(s) under the lease(s). All Rents received by the Grantorshall be held In !rust by the Grantorfor the Beneficiary. All such payments recelved by the Beneficiary may be applied in any manner as the Beneficiary determines to payments required under this Deed of Trust, !he Loan Documents and the Obligations. The Grantor agrees lo hold each tenant hamiless from actions relating to tenant's payment of Ren1s lo the Beneficiary. 2.12 Fixture Filing. From the date of Its recording, this Deed of Trust shall be effective as a financing statement Hied as a fixture filing under the Uniform Commercial Code with respecl to the lmprovemer,.ts and for this purpose the name and address of the debtor is the name and address of the Grantor as set forth in this Deed of Trust and the name and address of the secured party is the name and address of the Beneficiary as set forth in this Deed ot Trust. The Mortgaged Properly includes goods which are or may become so affixed to real property as to become fixtures. If any of the Mortgaged Property is of a nature such that a security interest therein can be perfected under the Uniform Commercial Code, this Deed of Trust shall also constitute lhe granl of a security interest to the Beneficiary and serve as a Security Agreement, and Granlor authorizes the filing of any finandng slatemantsand agrees to execute other instruments that may be required for the further specification, perfection or renewal of such security Interest. ARTICLE Ill. RIGHTS AND DUTIES OF THE BENEFICIARY In addition to all other rights {including set off) and duties of the Beneficiary under the Loan Documents which are expressly incorporated herein as a part of this Deed of Trust, the following provisions will also apply: 3.1 BeneflclaryAuthorizedto Perform for Grant or. lflhe Granlorfails 10 perform any of the Grantor's duties or covenants set forth in this Deed of Trust, the Beneficiary may perform the duties or cause them to be performed, including 1 without limitation, signing the Grantor's name or paying any amount so required, and the cost, with interest at !he default rate set forth in the Loan Documents, will immediately be due from !he Grantorto the Beneficiary from the date of expenditure by the Beneficiary to date of payment by 1he Grantor, and will be one of the Obligations secured by this Deed or Trust. All acts by the Beneficiary are hereby ratified and approved, and the Beneficiary will not be liable for any acts of commission or omission, nor for any errors of judgment or mistakes of fact or law. ARTICLE IV. DEFAULTS AND REMEDIES The Beneficiaryrnay enforce its rights and remedies under this Deed o-f Trust upon default. A default will occur if !he Granlorfails to comply with the terms of any Loan Documents (Including this Deed of Trust or any guaranty by the Grantor) or a demand tor payment is made under a demand loan, or the Grantor defaults on any other mortgage affecting the Land, or if any other obligor fails to comply with the terms of any Loan Documents for which the Grantor has given !he Beneficiary a guaranty or pledge, or if there shall be a defaull under the Unsecured Real Estate Environmental Indemnity of even date herewith by Borrower or any other lndemnitor identified therein. Upon the occurrence of a default, then subject only to any statutes conferring upon the Granter !he right to notice and an opportunity lo cure, the Beneficiary may declare the Obligations to be immediately due and payable. 4.1 Remedies. In addition to 1he remedies for default set forth below and in-the other Loan Documents, including acceleration, the Beneficiary upon default will have all other rights and remedies for defaun available by law or equity. Upon a default, Beneficiary may exercise the following remedies: (a) Enforcement of Assignment of Rents and Leases. To the fullest extent permitted by applicable law, Beneficiary may: (i) terminate the license granted to Gran tor to corlect the Rents (regardless of whether Beneficiary or Trustee 1714DWA Page 4 of 9 20050914000851.00! shall have entered into possession of the Mortgaged Property), collect and sue for the Rents in Beneficiary's own name, give receipts and releases therefor, and after deducting all expenses of collection, including reasonable attorneys' fees, apply the net proceeds thereof to any Obligations as Beneficiary may elect; (ii) make, modify, enforce, cancel or accepl surrender of any leases, ev:ict lenants, adjust Rents. maintain, decorale, refurbish. repair, clean, and make space ready for renting, and otherwise do anything Beneficiary reason- ably deems advisable In connection wilh lhe Mortgaged Property; (iii) apply lhe Rents so collected to the operation and management of the Mortgaged Property, Including the payment of reasonable management. brokerage and attorneys' fees, or to the Obligations; and (iv) require Granter to transfer and deliver possession ol all security deposits and records thereof to Beneficiary. (b) Power of Sale. Beneficiarymay require lhe Trustee.and the Trustee is hereby authortzed and empowered, to enter and take possession of the Premises and lo sell all or part of the Mortgaged Property, at public auction, to the highest bidder for cash or such equivalent form of payment as may be permitted by applicable law. free from equtty of redemplion, and any statutory or common Jaw right of redemption, homestead, dower, marital share, and all other exemptions, after giving notice of the time, plac~ and tenms of such sale and or the Mortgaged Property to be said, by advertising the sale of the property in such manner and at such times as may be required by applicable law. The Trustee shall execute a conveyance to the purchaser conveying 10 lhe purchaser all the right, title and interest In the real and personal property sofd at the trustee's sale which the Grantor had or had power to convey at the time of execution of this Deed of Trust and such right, tille and interest therein as lhe Grantor may have thereafter acquired, and the Trustee shall deliver possesston to the purchaser, which the Grantor warrants shall be given wilhout obstruction, hindrance or delay. To the exlent permitted by appHcabla law, the Trustee may sell all or any portion of the Mortgaged Property, tc;,gether or in lots or parcels, and may execute and deriver to the purchaser or purchasers of such property a conveyance as described above. The Trustee shall receive the proceeds thereof and shall apply the same as follows: (a) first, the expense of the sale. including a reasonable charge by the Trustee and by his or her attorneys; (b) second, to the payment of the Obligations herein secured, in such order as Beneficiary shall elect. and to the extent permitted by applicable law any balance of said Obligations may be the subject of immediate suit; and (c) third, should there be any surplus, Trustee will deposit such surplus, if any, less the clerk's filing fee, with the clerk of the superior court of the county In which the sale took place. To the extent permitted by applicable law, the sale or sales by Trustee of less than the whole of the Mortgaged Propertyshall not exhaust the power of sale herein granted, and the Trustee is specificaJly empowered to make successive sales under sucl'I power until the whole of the Mortgaged Property shall be sold; and if the proceeds of such sale or sales of less than the whole of lhe Premises shall be less than the aggregate of the Obligations and the expenses thereof, this Deed of Trust and the roen, security interest and assignment hereof shall remain in full farce and effect as to the unsold portion of the Mortgaged Property; provided, however, that Granter shall never have any right to require the sale or sales or less than the whole of lhe Mortgaged Property.but Beneficiary shall have the right al its sole election, to requesllhe Trustee to sell less than the whole ot the Mortgaged Property. Beneficiary may bid and become the purchaser of all or any part of the Mortgaged Property at any such sale, and the amoc.mt of Beneficiary's successful bid may be credited on the Obligations_ (c) Judicial and Other Relief. Beneficiary or Trustee may proceed by a suit or sui!:s in equity or at Jaw, whether for the specific pertormance of any covenant or agreement herein conlained or in aid of the executioo of any power herein granted, or for any foreclosure hereunder or for the sale of the Mortgaged Property under the judgment or decree or any court or courts of competent jurisdiction. (d) Entry on Premises; Tenancy at Will. (i} Beneficiary may enter into and upon arid take possession of all or any part of the Mortgaged Property, and may exclude Granter, and all persons cl.aiming under Grantor, and Its agents or servants, wholly or partly therefrom; and, holding the same, Beneficiary may use, administer, manage, operate, and control the Mortgaged Property and may exercise all rights and powers of Granter in the name, place and stead of Grantor, or otherwise, as the Beneficiary shall deem best; and in the exercise of any of the foregoing rtghts and powers Benetlciary shall not be liable to Grantor for any Joss or damage thereby sustained unless due solely to the willful misconduct or gross negligence of Beneficiary. ~ (fl) In the event of a lrustee'sor other foreclosure sale hereunder and it at the lime of such sale-Grantoror any other party (other than a tenant under a Lease as lo which the Beneficiary shall have expressly subordinated the lien of this Deed of Trust as hereinabove set oul) occupies lhe portion of the Morlgaged Property so sold or any part thereof, such occupant shall on the twentieth day after the sale become the tenant of the purchaser at such sale, which lenancy, unless otherwise required by applicable law, shall be a tenancy from day to day, terminable at lhe will 1714DWA P.age 5 of 9 20050914000851".001 of such purchaser, at a reas<>nable rental per day based upon the value of the portion or the Premises so occupied (but not less than any rental therelofore paid by such lenanl, computed on a daily basis). An action of forcible detainer shall lie ff any such tenant holds over a demand in writing for possession of such portion of the Premises. (e) Receiver. Beneficiary may make application to a court of competent jurisdiction, as a matlerof strict right and without notice to Granto, or regard to !he adequacy or the Mortgaged Property for the repayment of the Obligations, for appointment of a receiver of the Mot1gaged Property.and Grantordoes hereby irrevocably consent 10 such appointment. Any such receiver shall have all necessary and proper powers and duties of recefvers in similar cases, including the full pow~r to rent, maintain and otherwisG operate the Mortgaged Property upon such terms as may be approved by the court. (f) Remedies Cumulative, Concurrent and Nonexclusive. If the Obligations are now or hereafter further secured by chattel mortgages, other deeds ol trust, security agreements, pledges, contraclsof guaranty, assignments of leases, or other security, then to the fullest extent permitted by applicable law, Beneficiary may, at tts option, exhaust its remedies under any one or more of said instruments and this Deed of Trust, either concurrentfy or independer,tly, and in such order as Beneficiary may cletermine. Beneficiary shall have all rights, remedies and recourses granted in the Loan Oocuments and available to it at law or equity (including, wHhout limitatlon. those granted by the Uniform Commercial Code), and to the fullest extent permitted by applicable law, same (a) shall be cumulative, concurrent. and nonexclusive, (b) may be pursued separately, successively or concurrently against Grantoror others obligated ror the Obligations, or any part thereof or against any one or more of lhem, or against the Mortgaged Propeny,at !he s<>le discretion of Beneficiary.and (c) may be exercised as often as occasion therefor shall arise, it being agreed by Grantorthat the exercise of or failure lo exercise any of same shall in no event be construed as a waiver or release thereof or of any other right, remedy or recourse. (g) Waiver by the Beneficiary. The·Beneficiarymay permit theGrantorto auempt to remedy any default without waiving its rights and remedies hereunder, and the Beneficiary may waive any default without waiving any other subsequent or prior default by the Grantor. Furthermore, delay on 1he part of the Beneficiary in exercising any right, power or privilege hereunder or at law wlll not operate as a waiver thereof, nor will any singfe or partial exercise of such right, power or privilege preclude other exercise thereor or lhe exercise of any other right, power or privilege. No waiver or suspension will be deemed to have occurred unless the Beneficiary has expressly agreed ln writing specifying such waiver or suspension. (h) Attorneys' Fees and Other Costs. A~omeys'fees and other costs incurred in connection wilh this Deed of Trust (including without limitation, the cost of any appraisal which may be obtained in conjunction with any foreclosure or de1iciency judgment proceedings) may be recovered by the Beneficiary and included l:n any sale made hereunder or by Judgment of foreclosure. ARTICLE V. TRUSTEE 5.1 Action by Trustee. The Trustee named herein shall be clothed with full power 10 act when action hereunder shall be required, and to execute any conveyance ot the Mortgaged Property. In the event that the substitution of \he Trustee shall become necessary for any reason, the substitution of a trustee in the place of that named herein shall be sufricienl. The term "Truslee" shall be construed to mean "Trustees"whenever the sense requires. The necessity of the Trustee herein named, or any successor in trust, making oalh or giving bond, is expressly waived. 5.2 Employment of Agents. The Trustee,or any one acting in it's stead, shall have, in it's discretion, authority lo employ all property agents and attorneys in the execution of thls trust and/or in the conducting of any sale made pursuant to the terms hereof, and to pay for such services rendered out of the proceeds or the sale of the Mortgaged Property, should any be realized; and If no sale be made or ii the proceeds of sale be insufficient to pay the same, then, to the fullest extent permitted by applicable law, Grantorhereby undertakes and agrees to pay the cost of such services rendered to said Trustee. Trustee may rely on any document believed by it in good faith to be genuinG. All money received by the Trustee shall, until used or applied as herein provided, be held in trust, but need not be segregated (except to the e,clent required by law). and the Trustee shall no! be liable for interest thereon. 5.3 Indemnification of Trustee. If the Trustee shall be made a party to or sh9lr intervene in any action or proceeding attecting the Mortgaged Property or the Ulle thereto, or the interest of the Trustee or Beneficiary under this Deed of Trust, the Trustee and Beneficiary shall be reimbursed by Grantor, immediately and without demand, for all reasonable costs 1 charges and a1torneysj tees incurred by them or either of them In any such case, and the same shall be secured hereby as a further charge and lien upon the Mortgaged Propeny. 5.4 Successor Trustee. fn the event of lhe death, refusal, or of inability for any cause, on the parl of the Trustee named herein, or of any successor trustee, to act at any time when action under the forgoing powers and trust may be required, or for any other reason satlsfactoryto the Beneficfary. the Beneficiary is authorized, etther in its own name or 1714DWA Page 6 of 9 20050914000851.00 through an attorney or attorneys in racl appointed for that purpose, by written inslrument duly recorded, 10 name, substitute and appoint a successor or successors to execute this trust, such appointment to be evidenced by writing* du.ly acknowledged; and when such writing shall have been recorded In each county in which the Land is located, the substituted trustee named therein shall thereupon be vested with all the right and title, and clothed with all the power of the Trustee named herein and such like power of subst,tulion shall continue so long as any part of the debt secured hereby remains unpaid. Any successor Trustee rnay be replaced, at the option of the Beneficiary, by the original Trustee or a successor Trustee previously rnplaced, each such substitution to be made as herein provided. ARTICLE VI. MISCELLANEOUS Jn addiUon to all other miscellaneous provisions under the Loan Documents which are expressly lncorporated as a part of this Deed of Trust, the following provisions will also apply: 6.1 Term of Deed of Trust. This Deed of Trust shall conlinue In full force and effect until the Mortgaged Property has been reconveyed by the Trustee. 6.2 Time of the Essence. Time is of lho essencewrth respect lo payment of lhe Obligations, the performance of all covenants of the Grantor and the payment or taxes, assessments. and similar charges and Insurance premiums. 6.3 Subrogation. The Beneficiary will be subrogated to the lien of any mortgage or other rien discharged, in whole or in part, by the proceeds of the Note or other advances by the Beneficiary.in which event any suffis otherwise advanced by the Beneficiary shall be Immediately due and payable, with interest at the default rate set forth in the Loan Documents from the date of advance by the Beneficiary to the date or payment by the Grantor, and will be one of the Obligations secured by this Deed of Trust. 6.4 Choice of Law. This Deed of Tru•t will be governed by the laws of the state in which the Mortgaged Property is located. For all other purposes, lhe choice of Jaw specified In the Loan Documents will govern. 6.5 Severability. Invalidity or unenforceability of any provision of this Deed of Trust shaO not affectthe validity or enforceabili1y of any other provision. 6.6 Entire Agreement. This Deed of Trust is intended by the Granter and the Beneficiary as a final expression of this Deed or Trust and as a complete and exclusive statement of its terms, there being no conditions to the full effectiveness of this Dead of Trust. No parol evidence ol any nature shall be used to supplement or modify any terms. 6.7 Joint Llablllty;Successors and Assigns. If there is more than one Grantor, the liability of the Grantorswill be joint and severat, and the reference lo ·Gr.antor' shall be deemed to refer to each .Gran1or and to all Granters. The rights. ophons, powers and remedies granled in this Deed of Trust and the other Loan Documents sha!l axlend to lhe Beneficiary and to its successors and assigns, shall be binding upon lhe Grantor and its successors and assigns, and shall be applicable hereto and lo all renewals, amendments and/or extensions hereof. 6.8 Indemnification. Except for harm arising from the Beneficiary's or the Trustee's willful misconduct, the Grantor hereby indemnifies and agrees to delend and hold the Beneficiary and the Trustee harmless from any and all losses, costs, damages, claims and expenses (including, without limitation, attomeys'fees and expenses)of any kind suffered by or asserted against the Beneficiary or the Trustee relating to claims by third parties arising out of !he financing provide<f under the Loan Documenls or related to the Mortgaged Property excepting the Beneficiary's failure lo perform its obligations under the Real Estate Environmental Indemnity Agreement or the exercise by lhe Beneficiary or the Trustee of any of their respective powers, rights and remedies under this Deed of Trust. To the fullest extent perm rued by applicable law, this indemnificalion and hold harmless provision will survive lhe termination of the loan Documents and lhe satisfaction of this Deed of Trust and Obligations due lhe Beneficiary . . 6.9 Notices. Except as otherwis<: provided by applicable law, notice of any record shalf be deemed delivered when the record has been (a) deposited in the United Slates Mail, postage pre-paid, (b) received by overnight delivery service, (c) received by telex, (d) received by telecopy, (e) received through the internet, or (f) when personally denvered. 6.10 Release of Rights of Dower, Homestead and Distributive Share. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the Mortgaged Property and waives all rights of exemption as lo any of the Mortgaged Property. 6.11 Copy. The Grantorhereby acknowledges the receipt of a copy of this Deed of Trust, together with a copy of each promissory note secured hereby, and all other documents executed by the Granter in connection herewith. 6.12 Usury Savings Clause. Notwithstanding anything herein or in !he Nole to tha contrary, no provision contained herein or in the Note which purports to obligate the G rantorto pay any amount or interest or any fees, costs or expenses which are in excess of the maximum permilted by applicable law, shall be effective to the extent that it 1714DWA Page 7 ol 9 20050914000851.00 calls for the paymsnt of any interest or other sums in excess of such maximum. All agreements between the Grantor and the Beneficiary, whether now existing or hereaflerarising and whe1herwritten or oral, are hereby limited so that in no contingency, whether by reason of demand for payment of or acceleration of the maturity of any of the indebtedness secured hereby or otherwise, shall the interest contracted for, charged or reCeived by the Beneficiary exceed the maximum amount permissible under applicable law. If, from any circumstancewhatsoever,interestwould otherwise be payable to the Beneficiary in excess of the maximum lawful amount, the interest payable to the Beneficiary shall be reduced to the maximum amount permilted under applicable law: and if from any circumstance the Beneficiary shall ever receive any1hing of value deemed interest by applicable law in excess of the maximum lawful amount, an amount equal to any excessive interest shall at the Beneficiary's option, be retund1=1d lo the Grantor or be applied to the reduction of the principal balance of the indebtedness secured hereby and not to the payment of interest or, if such excessive interest exceeds the unpaid balance of principal indebtedness secured hereby, such excess shall be refunded to the Granter. This paragraph shall control all agreements between the Granter and the Beneficiary. 6.13 Riders. The rider(s) atlached hereto and recorded together with this Deed of Trust are hereby fully incorporated into this Deed or Trust. [Check applicable box(es)l D Condominium Rider D Second Deed of Trust Rider D Construction Loan Ride0 Other(s) (Specif ~-------------------- IN WITNESSWHEREOF,the undersigned has/have executed this Deed of Trust as of AUGUST 29, 2005 ------- (Individual Gran1or) (Individual Grantor) Printed' Name ------~N=A~---Printed Name Burnstead Construction Co. Granter Name (Organlza.tlon) :~:::?~~~ye, President By . Name and Title-------------------- (Granlor Address) 1215 12Qth Avenue NE Suite 201 Bellevue. WA 98005 (Benefk;iary Address) 555 SW OAK PORTLAND, OR 97204 -----~l!f.A [NOTARIZATION(S) ON NEXT PAGE] 1714DWA Page8of9 20050914000851.001 Acknowledgment In Individual Capacity STATE OF ( COUNTYOF _______ ) ss. I certify that I know or have satisfactory evidence thaL . ------~=,f;'N'f./~A~=~--------lName(s} Of Person{s}) is/are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed I.his instrument and acknowledged It to be his/her/their free and voluntary act for the uses and purposes mentioned in lhe instrument. Dated:----------- (Seal or Stamp) Printed Name: __________________ _ Title: My appointment expires; ______________ _ Acknowledgment in Representative Capacity STATE OF ( COUNTY OF _______ I ss. I certify that t know or have satisfactory evidence thetalc._ __ _,tn'.!.J,r;(.<c-,','/'-7,~a:t!"'"'=,,;5,~/Allf.c<-"'"" u..µ f 1Name{s) offe,son{s} is/are the person(s) who appeared before ma. and said person(s) acknowledged that he/she/they signed this instrument, on oath s1ated that he/she/they was/were authorized to execute lhe instrument and acknowledged it as the ~ ~'Sir/,e_.,, r (Type of at:thOl"ily, e.g., olficer, trustee, etc) m Burnstead Construction Co. {Name ol parly on behalf o/ whom l11S1rumenl wa$ eXecuted) to be the free and voluntary act of sU<:h party for the uses and purposes mentioned in the instrument. Dated: ¢ /aoo.s: l Printe~ ~"Jienecft'cf= Title:-----------~~~--------- My appointment expires: ___ ~1~/~1_,L=N=a~<?"'-,.Z:~-----~ 7 1714DWA Page9of9 Legal Description of Land: PARCEL ft; EXHIBIT A TO DEED OF TRUST (Legal Description) LOT 1, KING C()IJN1Y SIIORT PLAT -BER 671063-R, l<ECOROEO UNOEII RECORDING NlAtBEk 7812110857, SAID SHORT PLAT B'EING A SUBDJVISION Of A PoRTlON OF THE SOUTHEAST QUARTER OF THE NORTHWEST OUAATIR OF SECTION 14. TO'IINSIIIP 23 NORTII, RANCE 15 EAST. '1-lll.JMETTE UER101AN. ]N KING coutrrY. \lASHlNGTON. PARCEL i: TIIAT PORTION OF THE SOUTiiEAST OUAATER OF THE lfflRTifl'EST CUARTER OF st.CTIDN 14. TOWNSHIP 23 NORTH, RAMGE S EAST. WILLAWETTE MERIDIAN, IN KING COUNTY~ WASttlNGTI:»I, DESCRIBED /IS FOLLOWS: BEGINN'ING ~TA. PDINT NDR1H oo·u·or WEST A DIS'fANCE OF JO.DO FEET MO NOR.TH SB·ss',UI" WEST A DIST,MCE Of 30.00 FEET fROII THE CEHTSR OF S~ID SECTION 14; T>IENCE ALONG l1IE WESTERLY MARGIN OF 'J'HE AUGUST GERBER ROAD (156T>I AVENJE SO\llltEAST) AS CONViYED TO KJNC COUIITY BY DUD RECORDED UNOCR RECOODING N"""'R 109.t2,t1~ NO"™ 00'2"8'02" WEST A DISliMICE OF .C72.!i3 FEfT TO THE TR\JE POINT OF BEGINNING OF l'HE TAACT HEREIN 0£SCIHBE0; illBCE CC.WTlt,JING NORTH 00°28'02:" WEST A DISTi\NCE OF 157.~1 FEET; THEra:. NOR.TH es•o,·,s~ l'fST A lllSTANC.E OF 1248.07 fEET TO TllE EAST LINE Of THE WEST 30,00 FEET OF SADI SOOTHEAST QUAATER Df lllE IIORTHWE5T QUARTER: TliENCE ALO~G SA.ID EAST LIN'E swrn 00•33•02· £ASr A DISTANCE OF 1S1.07 FEET: TlfENCE' SOUTH OB•Si'57" EAST A DISTANCE OF 12-47.82 FEfT TO TiiE TRUE POINT OF DEGINHJNG; E)(CEPT lllOSE PORTIONS CONVEYED TO f!WOO.IH T, TETER ANO C. UNA T£TER, HUSIANO AND WJFE. BY DEEDS RECORDED UNDER RECORDING HUN.BERS (;400741 ANO 6417877. 20050914000851.01 • Recordina: Requested By; After ~g RIJlurn to: KHYBANKNATIONALASSOCIATION Home Builder Group Mailcode: WA-31-18-0386 601-108"' A""'ue NE BelJewe, WA 98004 Alln: Robin Panom 20070119000067.001 CONSlllUCTIONDEED OF TRUST, SECURITY AGltEEMENT, ASSIGNMl!NI' OF LEASES ANDII.ENTS, ASmGNMENT OF CONTRACl'S AND PLANS, AND FIXTURE FILING (Wuldn&ton) Gnntor(s): BURNSll!AD CONSTRUCTION 00. a Addieional on pqe_ Gru&ee(a): 'I'nl&loe: ailCAOO'ITI1BINSURANO!COMPANY Beneficiary: KEYBANK NATIONAL.ASSOCIATION a Additiooal on pqe _ Lepl Dwr\,liou (abbrmatal): PORS SEQ NWQ SOCTION 1'-23-5 llil Complela lepl OD Hxffl!a: A Ammr'•TuPlll'clllt tll""..,.donNo(s): lid& Naa.arl),-, ••-R r eh•· LoanNo. 0905257 T1lle Older No. 1221S07 142305-91 UM)O, 14230S-9083-03, 14230S- 9047-08 AND 142305-9118-0:2 Not CHICAGO TITlE INS. ~ REF# l;@JJ'o?-10 71w DMd cf Thul tr a ,s«wity Afl"UJMl!t and Finant:btg Stata,ott under Anick 9 of du, l}nfonn Conunerrlal Code, w/lA a,.,,,,,;,nnutoras Dd,t,:,rand ~"' Steand Parry. nus OONSTRUCI'JON DEED OP TRUST, SECURITY AGREBMENT, A.SSIGNMllNT OF I.BASES AND RENTS, AsSIONMl!NT OF CONTRACTS AND PLANS, AND PilCI'UJ.!E PILING ("Dul qf Tnut'? is made as of January 9, '11m, by and among: °"""'"'""" DealtfTIWI (WA)-C-No. 0905257-9150 1335100 14657--088.01 7Qaj)2!.doc: lf(1J/2W1 • Gqntpr/l)Jay: BURNS'l1lAD CONST.RUCilON CO. 121 S 120" Ayenue NE, Sul1e 201 Bellevue, WA 98004 CIUCAGO 1TIU! INSURANCE COMPANY 701 FifthAveooe,Floor34 Seattle, WA 98104 KBYBANK NATIONAL ASSOCIATION Hmne Builder Group Mailcode: WA-31-18--0386 601-108•A-NE Bellevue, WA 98004 20070119000067.002 NOTICB TO BOC9BPBB· THIS DOCUMENT CONTAJNS A FIXTURB FlUNG AND SHOULD BE FIIJID AND INDEXBD IN THE REAL ESTATE RECORDS NOT ONLY AS A DEED OF TRUST, Bur ALSO AS APIXTIJRBFIUNG. Grmlor/l'rmtor is collectively (if -than one) rcfened IO u "Bam,_.', and OranteelBeeefic u "Lm4v'. Notioe 1P Bou911g. TIiie Note wand bJ' this Deed al 'l'nllt mntafns pia,Wo,,s fur a fllriable i-est 1'llte ad ladades • rmit,lng llne of credit. UDdor .... •••""'8& line, Lwler .. -- periodic-.-18 Benawu, wWi:h may be repul ad lillloeqNlll, ~ lllbjed lo lbe 111nm and Nllldldows af the Noa ad the other loan do !rill• 1duwww...d bolo,,. TIiie ,mpaid ....._ may from llme lo lime be redaml lowo. A zm> blloace ..... nottamlaaae die 1e,ol,lag Ihle ad die Ilea al Ilda Deed of Tilllt will remda ID fuD force bOtWllbstandln& INlldl 1edudiom. Howevu, IIIIGq loonllllhlll 11e-. uoliale lbc Laiderlo maM llllff'utuie ~ toBot,DWa. ARTICLEL GRANT IN TRUSf AND SECUJIED OBUGA110NS Ll. Grant • Trmt. File 800d and valuable comlderatioo, lbe receipt and attffk.iency of which jg hu'eby acknowledged, and for the pmpose of securing !be full and titlldy payment and pufmuw of the Seain:d Obliptioos defined and deaaibed iu Section 1.2 for the buNcfit of Leucler. Bono .... hu'eby ~y and DDCOnditionally graals, llallsfen, berpiN. a>Jl'leYI and llli&QI IO Tnlslee. in lnilt and for !be -and pmposes oet forth helein fure,;u-, with power of sale and ript. of amy and possession. and 1Ja1111 a aecurily in1on,st in. all estate, rlpt, titte and ~ that Bono_. now hu or may Iller acquiJe in and IO die tbllowlng property (all or llll)' part of auch property, or llll)' interest in all or any part of it, u Ille comw may ...,..1rc, tbe "Callatawl"J, which Collateral Is not used prhNclpally or primarily for agricultmal or flrmiNta purposes: U.1. Lad, Apputm--. Ra metdi 'lblt cuuin real property and all interests 1berein localed in Kine County, Wllllin&ton. more pcucalarly delo:ibed la Bxillllrr A IIUICbed ha1'II> ml incorponlm baeiu by Ibis 1c:6.ea.:e, IOgelher with all c,tistiug and future m ,,..a, -ri,1111. IIJll)Ul'lrmllO, privileaos. llcemei, bendllamcnD, fnnchlaa and ............. lucluding all -iloclc ml waJU" righla owned by Bormws ml all minerals, oil, pa, and other COIIIIDCICially ~ 11Nbincea !bat may be in, unclet or produced from my partof !t (collcctiwly, die "Llutil"); 1.1.2. .bopto,-. All buildinp, atructures, and impro-DOW localed or 1uer IO be COllllnlcbod on lbeLand (die~; Ll.3. Rela1ul a.a Pruperty wl lmpn>m nrdl All real property and improveaelll on it, and all appw leOIDCCI. penniu, plan&, licemes, subdivision rigbts, cootNLIS, COlllnNCt ripls. aod olbor property 11111 incuesu of 1ny kind or cbarlclor, includin& all water and J6wer i.ps belooging IO or in any way related IO or awurtenant IO !be Land or Jmpro-. wbelblr deacribed in ~ DM1 o{Tns(WA)-t.n No. 0905257-$150 11335100 ial657-088.01 76lo:021.doc lJllt2007 HIGHLANDS PARK FINAL PLAT CORE PROJECT NO. 01019 Map Checks 12/20/06 GJK Core Design, Inc. 14711 N.E. 29th Place, #101 Bellevue, WA 98007 425-885-7877 LOT SUB SW1/ 4 PNT# BEARING 2 5031 OF BLOCK 1, TYPE, LOT DISTANCE NORTHING 25032 25005 25003 N 00°18 1 44 11 E S 88°10'50" E s 00°23 '58'1 w N 88°00 1 19 11 W ?8279 ... q 1312.32 7959:__77 1309.33 795S0.20 1316.26 78233.96 1307.43 EASTING 16608.10 16615.25 17923.92 :7914.74 STATION 0.00 1312.32 2621.64 3937.91 25031 78279.47 16608.10 5245.34 Closure Error Distance> 0.0119 Error 3earing> S 35o51r43 11 W Closure Precision> 1 in 442020.7 ~otal Distance> 5245.34 LOT AREA, 1718957 SQ FT OR 39.4618 .O\CRES Lot Report 9/21/06 15,33 Lot File, P,\2001\0c.019\CARLSON\LOT FILES ,PLAT MAP C:'ECKS.LOT CRD File> P,\2001\01019\CARLSON\Ol0:.9.C?.D LOT SliB NWl / 4 OF BLOCK 1, TYPE, LOT PN'::# 3EARING 9ISTANC3 NO~_TP :\!G EASTcNG 25032 N ooc1a14411 E 25033 s asc2111911 E 25034 s QQC23'58 11 w 25005 N 88°10 1 50 11 w 25032 Closure Error Distance> Closure Precis.:;..on> 1 in LOT AREA, 1721590 SQ FT 1312.31 1311.24 1316.27 1309.33 7959: .. 7----; 16615.25 88904.06 16622.40 80866.43 17933.10 79550.20 17923.92 79591.77 16615.25 0.0098 Erro~ 3ea~ing> S 28°35 1 59 11 W 534069.0 To~al Cistance> 5249.14 OR 39.5223 ACRES STATION 0.00 1312.32 2623.55 3939.81 5249.14 Lot Report 9/21/06 15,35 Lot File, P,\2001\01019\CARLSON\LO':: F=~ES\?LAT 1'.AP CHECKS.LOT CRD File> P,\200l\01019\CARLS0N\O:Cl9.CRD LOT S\I'.3 NEl/ 4 OF BLOCK 1, TYPE, Lorn PNT# BEARING DISTANCE ~CRrnHlNG EASTING 25034 s 88°21 119 11 E 68 s 00°29 111 11 w 25006 N aso10 15011 w 25005 N 00°23 1 58 11 E 25034 Closure Error Distance> Closure Precision> 1 in LOT AREA, 1726827 SQ FT 1311.23 1320.22 1309.33 1316.27 80866.43 80819.88 79508.63 79SS0.20 30866.-:d:3 17933.10 19243.79 19232.58 17923.92 17933.10 0.0136 Error Bearing> N 54°02 1 51 11 E 385650.6 ~otal Distance> 5257.04 OR 39.6425 ACRES BLOCK 1 TOTA.u AREA, 1726827 SQ FT OR 39. 6425 ACRES STATION 0.00 1311.23 2631.45 3940.78 5257.04 Lot Repcrt 9/21/06 15,43 Lot Fi.le, P,\2001\01019\CARLSON\LOT FI_cES\?LAT MAP CHECKS.LOT CRD File> P,\2001\01019\CARLSON\01013.crd LOT SUB SE1/4 OF BLOCK 1, TYPE, LOT PNT# BEARING DISTANCE NORTE,NC 37 781B8.46 25003 25002 25005 25006 25001 25000 37 N 88°00 1 19 11 W )I" 00°23 1 58 11 E ~ 00°23'58n E S 88°10 1 50 11 E s 00°29'11 11 w s 00°29'11 11 w s O O O 2 9 ! 11 11 w 1307.43 815. 97 500.29 1309.33 5 02. 62 627.57 190.02 78233.96 790"±.9.92 79550.20 79508.63 "/9006.02 78378.47 78188.46 EASTING 19221.38 17914.74 17920.43 17923.92 19232.58 19228.32 19222.99 19221. 38 Closure Error Distance> 0.0074 Error Bearing> N 09°23'39 11 W Closure Precision> 1 in 709721.3 Total ~is:ance> 5253.24 LOT AREA, 1724194 SQ FT OR 39.5820 ACR~S STATION 0.00 1307.43 2123.41 2623.70 3933.02 4435.64 5063.21 5253.24 Lot Reporc 9/21/06 15,46 Lot File, P,\2001\01019\CARLSON\LCT '.-ILES\FLAT MAP CHECKS.LOT CR'J File> P,\2001\01019\CARLSON\01019.cc·d LOT BLOCK 1 OF BLOCK 1, TYPE, cO':" PNT# BEARIKG DISTANCE NORT~I~G 2500C 25001 3176 3309 25002 25003 37 2500C N 00°29 1 11" E N 88°04 '40 11 W N 88°04'40 11 W N 88°04'40" W s 00°23 l 58 11 w S 88°00' 19" E N 00°29'11 11 E 627.57 180.01 1098.61 30.01 815.97 1307.43 190.02 78.:375.-±'7 79006.0: 7901.:2.06 79048.91 ':90'±9.92 78:2 :33. 96 78~88.46 783:'8 .-t7 EAS~ING 19222.99 19228.32 19048.41 17950.42 17920.43 17914.74 19221.38 19222.99 Closure Error Distance> 0.0082 Error Bearing> S 28°07 1 40'1 E Closure Precision> 1 i~ 519582.8 Total ~istance> 4249.63 LOT AREA, 1068005 SQ FT OR 24.5180 ACRES STJ\TION 0.00 627.57 807.58 1906.19 1936.20 2752.17 4059.60 4249.63 LOT BOUNDARY OF BLOCK 1, 7Y?E: LOT DISTANCE NORTHIKG PNT# 4503 3 2 3.; 3235 4530 4531 BEARING N 87°08 1 22n W S Q Q O 2 8 I 3 9 II W N 88°01'33 11 W s 00°24:'51 11 w N 88°00 1 19 1' W 150.13 5.28 823.45 157.17 24 9. 83 78379.9-; 78387.,±7 78382.2-9 784:C.53 78253.39 EASTI~G 19193.00 19043.06 19043.02 18220.05 18218.92 STAT:ON 0.00 150.13 155.41 978.86 1136.03 3316 78252.08 17969.24 1385.86 RADIUS, 25.00 LENGTH, 3 8 . 5 7 CEO RD, 3 4. 8 6 DELTA, 8 8 ° 2 4 ' 1 7" CHORD ERG; N 43::i49 1 10 11 W PC-R: .N 01°59'4:1 1' E PT-R: S 89°36'02 1' E RADIUS POINT, 3317 78287.07,17970.'l TANGENT, 24.31 3318 3309 3176 4602 4616 328l 25004 4633 4503 N 00°23 '58 11 E S 88°04'401r E s 00°29' 09 11 w S 88°03'20" E s 00°29 1 11" w N 88°04 1 08 11 W s 00°29'11" w s 88°02'01 11 3 s 00°29'11" w 761.69 1098.61 127 .45 150.00 59.71 152.00 12 7. 71 152.00 312.06 78287.::4 79C-:\-8.9::_ 79012.06 78834.61 78879.33 75819.32 78814.94 78637.'.::'± 7869:::::.:.:;=: 783/9.9 17945.11 17950.42 19048.41 19047.33 19197.24 19196. 74 19044.82 19043.74 19195.65 19193.00 Closure Error Distance> 0.0009 Error Bear ng> N 42°13 1 07 11 E Closure Precision> 1 in 5007247.4 Tota_~ stance> 4365.66 LOT AREA, 789203 SQ FT OR 18 .1176 ACRES 1424.43 2186.12 3284.72 3412.18 3562.18 3621.89 3773.89 3901.59 4053.60 4365.66 Lot Report 9/22/06 09,34 Lot File, P,\2001\01019\CARLSON\LCT clLES·-.PLAT YlAP CHECKS.LOT CRD File-> LCT CL-1 P,\2001\01019\CARLSON\01019.c,:-d OF BLOCK 1, TYPE, LO~ DISTANCE ,-JORTHING 78578.09 PNTj/ B3ARING 25007 S 89°36'02ri E 51.42 25008 78577.66 EASTING 17917.14 17978.56 STATION 0.00 61.42 Rl-\DIUS: 600.00 LENGTH: 112.55 CHORD: 12.2.39 DELTA: 10°44 1 53 11 CHORD BRG: S 84°13 1 35n S PC-R: S 00°23 '58" W PT-R: S 11°08 1 51" W RADicS PO:NT, 3293 77977.68,17974.37 TANGENT, 56.44 25009 78566.36 18090.38 173.98 RADIUS: 600.00 LENGTH: 96.27 CHOR:); 96.17 DELTA: 09°11 1 35 11 CHORD BRG : s 8 3 ° 2 6 ' 5 7 IT E PC -R : N l 1 ° 0 8 ' 51 11 E PT -R : N O 1°57 I 16 IT E RADIUS POINT, 3102 7915S.04,182C6.38 TANGENT, 48.24 2so:o ,sss5.3B 18185.92 210.25 S 88°02 1 44 11 E 260.48 25011 78546.50 18446.25 530.73 RADIUS, 1000.00 LENGTH, 120.29 CEORI;, 120.22 DELTA, 06°53'32" CHORD BRG: N 88°30 1 30 11 E PC-R: N 0~0 57 1 16 11 E PT-R: N 04°56 1 16 11 W RADIUS POINT, 3207 79545.92,18480.36 ,P,NGENT, 60.22 25012 78549.63 18566.43 651.02 RADIUS, 1000.00 LENGTH, 240.58 C='.OR:J, 240.00 DELTA, 13°47'04" C::IORD BRG: S 88°02 1 44 11 E ?C-R: S 04°56' 16 11 E PT-R: S 08°50 1 48" W RADIUS POINT, 3117 77553.34,18652.50 T."-~GENT, 120.87 25013 78541.44 18806.29 891.60 RADIUS, 1000.00 LENGTH, 120.29 CHCRD, 120.22 DELTA, 06°53'32" CHORD BRG: S 84°35' 58 11 E PC-R: ?·J J8°50 ''±7 11 E PT-R: N 01°57 1 16 11 E RADIUS POINT, 3115 79529.55,18960.08 ~i'NGENT, 60.22 25014 73330.13 18925.97 1011.89 s 88°02 1 44 11 5: 38.95 25015 785:28.80 18964. 90 1050.84 RADIUS: 55.00 LENGTH: 87.80 C~OR.0: 78.77 DELTA: 91°28 1 05 11 CHORD ERG: N 46°13 1 13 11 E PC-R: N 01°57 1 16 11 E PT-R: N 89°30 1 49 1' W RADIUS POINT, 3217 78583.77,18966.77 T_i\.NGENT, 56.43 25016 78583. 30 19021. 77 1138.64 N 00°29'11 11 E 218.40 25017 78801. 70 19023. 62 1357 _ 04 RADIUS, 55.00 LENGTH, 85.01 CHOP.I;, 76.79 DELTA, 88°33'14" CHORD BRG: N 43°47'26 11 W PC-R: N 89°3C'49'1 W PT-R: S 01°55'57 11 W RADIUS POINT, 3112 78802.16,18968.63 ~,OMGENT, 53.63 2so:s 7855" .13 18970. 48 1442. as ::.'I 88°04 1 03 11 w 59.53 25019 73359_:_4 18910.98 1501.58 RADIUS, 658.00 LENGTfi, 62.57 CHCR:J, 62.55 DELTA, 05°26'55" CHORD BRG: N 85°20'35'1 w PC-R: N 01~ss'57 11 E PT-R: N 07°22 1 52 1' E RADIUS POINT, 3109 79516.77,18933.17 ~-"'NGENT, 31.31 25020 78860.23 18848.64 1564.16 RADIUS: 1600.00 LENG':':!: 304.31 ChCRD: 303.86 DELTA: 10°53'50 11 CHORD BRG: N 88°04 1 031r W PC-R: S )!::11 1 :32 11 W PT-R: S 03°30'58" E RA.:JIUS POINT, 3178 77277.4B,18643.J9 ~-"~"\GENT, 152.62 25021 .'BS~.;.45 18544.96 1868.47 RADIUS: 638.80 LENGTH: 62.57 ::HORD: 62.55 DEL':'A: 05°26 1 55" C:!ORD B?.G: S 8 9 ° 12 '2 9 11 W PC-R: :.J O 3 _:, 3 0 ' ~ 8" ';II PT-R: ::J O 1°53 1 5 7" E RADIUS POINT: 3160 79331.23,1850-l.6:J TP .. NGENT: 3::__31 25022 --:"88:'3.<SC· 18482.41 ::.931.04 N f3 8 ° 04 ' Cl 3 11 w 25023 s 0~0 55'57" w 312 8 N 32°23 ' 16" 'Al 331:::2 ·-C ~" 6 ., 363 .39 5.00 55.00 I C oc -8885. 85 7S88t). 86 -3 ?<.::: C-0 -n 18119. 23 18119.06 18089 .60 2294.43 2299.43 235'4.43 N 01°55 1 57" E "" . 87 3310 790c!-± .43 18083.99 N 88°04 •4on w 13 3. 64 3309 7 9G..J. 3. 91 17950.42 N 88°04 1 40" w 30.01 2 50 02 "7 9C-19. '" >-17920.43 s 00°23 1 58" w 4 71. 84 25007 78572.09 17917.14 Cl.os·J.re Error Distance> 0. 0152 Error EeariEg> S 85°38' 58 11 W Closare P~ecision> 1 in 204207.0 Tocal Dis~ance> 3109.75 LOT )).REA, 384167 SQ FT OR 8. 8193 ACRSS 2474.26 2607.90 2637.91 3109.75 :.,ot Report 9/22/06 09,51 ~ot Fc:le, ?,\2001\01019\CARLSON\LCT fI~ES\?LAT "!AP CHECKS.LOT C~D File> ~OT CL-2 P,\2001\01019\CARLSON\01019.crd OF BLOCK 1, TYPE, LOT DISTANCE NCRTHING .?NT# BEARING 25024 785S0.94 N 01°57 1 16" E 292.67 3ASTING 18316.08 STATION 0.00 25025 78843. 45 18326. 07 292, 67 RADIUS, 355.00 LENGTH, 183.64 CHOR:J, 181.60 DELTA, 29°38'20" CHORD ERG: N 16°46'26'' E PC-R: B 88°02'44 1' E PT-R: S 59°24 1 24 11 E RADIUS POINT, 3155 78831.34,18680.86 TANGENT, 93.92 25026 790l7.32 18378.47 476.31 N 31°35'36 11 E 25027 N 88°04 '40 11 w 3153 N 88°04 '40Tl w 3151 N 88°04 '40 11 w 3150 N 88°04'40 11 w 3310 N 88°04'40'1 w 3309 N 88°04 1 40 11 w 25002 s 00°23 '58 11 w 25007 s a903510211 E 25028 s 89°36'02" E 19.82 24.17 154.47 60.00 66.40 133.64 30.01 471.84 30.00 31.42 79034.20 79035.01 79040 .:9 79042 . :~ a 79044.-±3 /90,18 .. 91 79049.92 78:5"78. 09 78577 .. 88 18388.86 :i.8364. 70 18210.32 18150.35 18083.99 17950.42 17920.43 17 917, 14 17947.14 496. 13 52 0. 3 0 674.77 734.77 801. 17 934.81 964. 82 1436.66 1466.66 25008 78577.66 17978.56 1498.08 RADIUS, 600.00 LENGTH, 112.55 CHORD, 112.39 DELTA, 10°44'53" CHORD BRG: S 84°13 1 35 11 E PC-R: S J0°23 1 58 1' W PT-R: S 11°Qg 1 51 11 W RADIUS POINT, 3293 77977.68,17974.37 T.'lliGENT, 56.44 25009 78566.36 18090.38 1610.64 RADIUS, 600.0C LENGTH, 96.27 CJ-'ORD, 96.17 DELTA, 09°11'35" CHORD ERG: S 83°26 1 57 11 E PC-R: ~-J l1°CS '51" E PT-R: N 01°57 1 :_5 11 E RADIUS POINT, 3102 79155.04,18206.38 TANGENT, 48.24 25010 78555.38 18185.92 1706.91 S 88°02 1 44 11 E 130. 24 25024 78550.94 18316.08 Closure Error Distance> C .. 0006 Erro~ Bearing> S 59cos 1 28 11 W Closure P~ecision~ 1 in 3095204 .. 1 Total Distance> 1837.15 LO':' AREA, 197887 SQ FT OR 4. 5429 ACR:C:S 1837.15 Loe Report 9/26/06 08,06 Lot File, P,\2001\01019\CARLSON\LOT FILES\?LAT MAP CHECKS.LOT CRD File> P,\2001\01019\CARLSON\01019.c:rn LOT ROW 1 OF BLOCK 1, TYPE, ~OT PNT# BEARING DISTANCE NORT'JING 3324 78531.88 N 00°23 '58" 3 25028 N 00°23 1 58 11 E 3301 46.00 46.00 78577.88 78623.88 EASTING 17946.82 17947.14 17947.46 STATION 0.00 46.00 92.0C RADIUS, 25.0C LENGTH, 39.27 C'.--rORD, 35.36 DELTA, 90°00'00" CHCRD BRG ! s 4 4 ° 3 6 I O 2 !I E PC -R : s 8 9 ° 3 6 1 0 2 11 E PT-R: N O O C 2 3 l 5 8 II E RADIUS POINT, 3300 78623.71,17972.46 TANGENT, 25.00 3299 78598.7: 17972.28 131.27 S 89°36 1 02 11 E 6.42 3298 78598.66 17978.71 137.69 RADIUS, 621.00 LENGTH, 28.57 CHORD, 28.57 DELTA, 02°38'09" CHORD BRG: S 88°16 '57 11 E PC-R: S ooc2.3 '58 11 W PT-R: S 03°02 1 07 11 W RADIUS POINT, 3293 77977.68,17974.37 "'.'ANGENT, 14.29 3294 '3537.30 18007.26 166.26 RADIUS, 621.00 LENGTH, 60.16 CHCRD, 60.14 DELTA, 05°33'02" CHORD ERG; S 84°11 1 22" E PC-R: S 03°02 1 07 11 W PT-R: S 08°35 1 09 11 W RADIUS POINT, 3293 77977.68,17974.3, TJI.NGENT, 30.10 3292 78591.7:? 18067.09 226.42 RADIUS, 621.00 LENGTH, 27.76 CHORD, 27.76 DELTA, 02°33'42" CHORD ERG: S 80°08 1 00 11 E PC-R: S ogc35•09 11 W PT-R: S 11°0ar51 11 W RADIUS POIN".', 3293 77977.68,17974.37 ~;i~\JGENT, 13.88 3297 78S86.96 18094.44 254.18 RADIUS, 579.00 LENGTH, 32.79 CHORD, 32.79 DELTA, 03°14'42" CHORD ERG; S 80°28 1 30 11 E PC-R: )J 1:.0 oa 1 51n E PT-R: N 07°54'09 11 E RADIUS POINT, 3102 79155.04,18206.38 TA.NGENT, 16.40 3103 78',81.53 18126.77 286.98 RZ\DIUS, 579.00 LENGTH, 60.11 CHO?O, 60.08 DELTA, 05°56'53" CHORD ERG: S 85°04'18n E PC-R: N 0'7°S.:.!'J9" E PT-R: N 01°57 1 16 11 E RADIUS POINT, 3102 79155.04,18206.38 T.'illGENT, 30.08 3101 78576.37 18186.63 347.09 S 88°02 '44 11 E 84.24 3138 78573.50 18270.83 431.33 RADIUS, 25.00 LENGT3, 39.27 CHORD, 35.36 DELTA, 90°00'00" CHORD BRG: N 46°57'16 11 E PC-R: N 02_c57•:_6" E PT-R! N 88°02'44r' W RADIUS POINT, 3137 78598.48,1827'..SB ".'Jl.NGENT, 25.00 3136 N 010571 1511 3133 N 01°57 1 16 11 3135 )I 01°57 116 11 3140 N 01°57'16n 3143 RADIUS, 25.00 E E E E 48.00 67.08 72.0C 48.99 78397.63 18296.66 470.60 786--;3.6·:J 18298.30 18300.59 18303.04 518.60 585.67 657.67 ~S833.S6 18304.72 706.67 LENGTH, 39.28 C°'ORD, 35.36 DELTA, 90°01'~9" CEORD ERG; N 4 3 ° 0 3 1 2 4" W PC-R: K 8 8 c :J '.::: 1 -:I:-± II W PT-R: S O :_ 0 5 5 1 5 7 II W RADIUS POINT: 3142 78834.-±1,18279.F; -:'~-=\_\!GENT: 25.01 3141 788~':!.--1'.) 2-8280.57 743.94 N 88°84 1 03 11 W 74. 99 3132 -;:3215] .93 :'...8205.63 820.93 N 88°0.;'03" W 18 . 46 3131 782S:2.1J:..J 18187.18 839.40 RADIUS: 25.:JO LE>l"GTH: 25.82 ::::'HOR~: 24.69 DELTA; 59°10 1 10 11 CHORD BRG: s 62°2C 1 .S2 11 w PC-R.: s c::...'.J55 3;ir w PT-R.: s 37°14'131! E RJ!...DIUS POINT: 3130 78837. 56, 1818fi. -~/,_NC3N':': 14 .19 3129 . )..i,., I~ ' I: .. aC:~TC.,.>f 2 .:,. ·1, r' 12165 31 8 6 5. 2::... RADIUS POINT: 3128 78880.86,18119.C6 -:!:'}11-~GENT: 53.73 3127 738.3.3.?2 18090.39 950.32 RADIUS: 55.00 LENGTH: 32.79 C:iCRD: 32.30 DELTA: 34°09'20" CHORD BRG: N 41°30'05 11 W PC-R: N 31°23 1 15 11 E PT-R: N 55°34•35 11 E RA::JIUS POINT: 3128 78880. 86, :BllJ. 06 TANGENT: 16. 90 3306 78858.lc 18068.98 983.E RADIUS: 55.00 LENGTH: 58.28 c:~o 0.~: 55.59 DELT.Z\.: 60°42'44" CHORD BRG: N 05°53 1 57 11 E ?C-R: t\i 5.5-:i34'JS 11 E PT-R: S 53°42 1 41" E ~ADIUS POINT: 3128 78880.86,18119.06 T.i\NGENT: 32.21 3313 789'.3.41 18074.73 1041.38 RADIUS: S5.00 LENGTH: 20.47 CHO.KD: 20.35 DELTA: 21°19 1 25 11 CHORD BRG: N 46°57 1 01'1 E PC-R: S 53'"'4:2 1 41 11 E PT-R: S 32°23 '16'1 E RADIUS POINT: 3128 78880.86,18119.06 T.Z\.NGENT: 10.35 3 312 789~7.30 18089.60 1061.85 RADIUS: 5.i. 0 0 LENGTH: 59. 84 C:-J:ORD: 56.93 DELTA: 62°20'13 11 CHORD ERG: N 88°46'50" E PC-R: S 32°::::3 1 16 11 E PT-R: S 29°56'57'1 W RADIUS POINT: 3128 78880.86,18113.06 ?A.NGENT: 33.27 3:,9 78928.51 18146.52 1121.69 RADIUS: 55.00 LENGTH: 21.48 CHORD: 21.34 DELTA: 22°22 1 40" CHORD ERG: S 48°51 1 43 11 E PC-R: S 29c;,56'57 11 W PT-R: S 52°19'37 1' W RADIUS POINT: 3128 78880.86,18119.06 TANGENT: 10.88 3148 7891L~7 18162.59 1143.17 RADrJS: 25.00 LENGTH: 21.99 CECRD: 21.29 DELTA: 50°23'40" CHORD BRG: S 62°52'13 11 E PC-R: N 51°:9 1 37 11 E PT-R: N 01°55 1 57" E RADIUS POINT: 3147 78929.75,18182.38 T.Z\.NGENT: 11.76 3146 314 :i S 88°04 1 03 11 E S 88°04 1 03" E 24. 2 0 84. 6 9 7890..;. '76 789C3.95 18181.54 18205.72 1165.16 1189. 36 3158 78901.09 18290.37 1274.06 RADIUS: 25.00 LENGTH: 34.15 CHORD: 31.56 DEL?A: 78°16'00" CEORD BRG: N 52°47'57 11 E PC-R: N 01°55'57'' E PT-R; N 76°20 1 03'1 W RADIUS POINT: 3157 78926.08,18291.21 TA_;\[GENT: 20.34 3156 78920.17 18315.50 1308.21 RADIUS: 376.00 LENGTH: 52.07 C:iOR.C: 52.02 DELTA: 07°35 1 02n CHOR~ 3RG: N 17°37 1 58 11 E PC-R; S 76°20'03'1 E PT-R: S 68°24 1 01 11 E RADIUS POINT: 3155 78831.34,18680.86 T.l\NGENT: 26.07 3152 78969.75 18331.26 l360.27 P..Z'illIUS: 376.00 LENGTH: 65.58 C~O:S'.C: 65.50 DELTA: 09°59 1 37n CHORD 3RG: N 26°35'48'1 E FC-R: S 68°2~'01 1' E PT-R: S 58°24'24 1' E RAD:us POINT: 3155 78831.34,18680.86 T.>NGEN?: 32.87 3154 79028.32 18360.59 1425.85 N 31°35'36 11 E 3153 s 88°04 1 40" 3 25027 s 88°04 1 40 1' E 3168 s 31°35 t 36 1' w 7.85 24.17 24. 17 31. 78 79035.81 7903"±.2C 79C33.39 18364.70 18388.86 18413.01 1433.71 1457. 88 1482.04 3167 "9006.32 18396.36 1513.82 RADIUS, 334.00 LENGTH, .J3 .12 ~:~C~[), 43 .09 DELTA: 07°23' 50" CHOR~ BRG: S 27°53 1 41" W PC-R: S :i5°~-~'2-!'1 3 PT-R: S 65°48'14 11 3 RADIUS POIK':': 3155 78831.34,18680.36 -~_.='1,)JGENT: 21.59 3165 ""73968.:J 18376.20 1556.95 ~D!US: 334.00 LENGTH; 40.58 ::-.::20.RC: 40.56 DELTA: 06°57'43"1 CHORD 3RG: S 2·0°42 1 55" ;N PC-R.: S 6~-::._;,g,~_.J," E PT-R: S 72°45 1 57 11 E RAG!US P01NT: 3155 78831.34,-::_asso.as "::";..?)GENT: 20.32 3164 7S930.30 18361.85 1597.53 RADIUS: 25.0C LE2'JGTH: 45.95 r=::l.C.'.?G: 39.75 DELTA: 105°18 1 06"1 C::-JQR.J BRG: S J.5 C :2 5 1 0 0 11 E ?C-R; S -:' :=_ C" ...!. 1:: ' :) ·::" E PT-?.; N Q 1O55 1 5 7 11 E RADr:-s PCINT: 3163 78922.89,18385.73 T.D,.::·JGENT: 32.76 3162 788J"7.9-:J 18384.89 1643.48 S aa 0 c.:;,·03rr S 98. 2 9 :. 2..J. 33 l 2 T.E1'-'.(:'11-!: -,; ,:-;: r RJWIUS POINT, 3160 79531.23,1850c;.so T;c,J;:GENT, 10.51 3159 :ss9-±.::::3 1sso4.13 1762.77 RADIUS, 637.00 LENGTH, 39.57 CHO,D, 39.56 DELTA, 03°33'32" CHORD BRG: N 8 8 ° 15 I 4 7 II E PC-~: K CJ O O O 2 I 3 3 '1 E PT-R: N O 3 ° 3 C I 5 9" w RADIUS POINT: 3160 79531.23 1 18504.60 TF-KGENT: 19.79 3279 78895. ~J J..8543. 67 1802. 34 RADIUS, 1621.00 LENGTH, 20.60 CHORD, 20.60 DELTA, 00°43'41" CHORD BRG: N 86°50'52 11 E PC-R: S 03°JC'59 11 E PT-R: S 02°47'17 11 E RADIUS POINT, 3178 77277.48,18643.09 TANGENT, 10.30 3277 78896.56 18564.24 1822.94 RADIUS, 1621.00 LENGTH, 60.13 CHORD, 60.12 DELTA, 02°07'31" CEORD ERG: N 88°16 1 28 11 E PC-R: S :J2°47'·17u E PT-R: S 00°39'46'' E RADIUS POINT, 3178 77277.48,18643.09 L:\i'IGENT, 30.07 3275 78898.37 18624.33 1883.07 RADICS: 1621.00 LENGTH: 60.02 C:SO?.D: 60.02 DELTA: 02°07 1 18'' CHORD BRG: S 89°36 1 07 11 E PC-R: S 00°39 1 46H E PT-R: S 01°27' 32 11 W RJ\_JJIUS POINT, 3178 77277.48,18643.09 T;,.KGENT, 30.02 3273 78897. 95 18684 .35 1943.09 RADIUS, 1621.00 LENGTH, 60.01 CHORD, 60.00 DELTA, 02°07'15" CHORD BRG: S 87°28 1 51 11 E PC-R: S ::;,::_c2: '32 11 W PT-R: S 03°34 1 47 11 W RJ\_JJIUS POINT, 3178 77277.48,18643.09 ~A.NGENT, 30.01 3271 78895.31 18744.30 2003.10 'lADIUS, 1621.00 LENGTH, 60.07 CECRD, 60.07 DELTA, 02°07'24" CHORD BRG: S 85°21 1 31" E PC-R: S 83°34 '47 11 W PT-R: S 05°42 1 11n W RJ\_JJIUS POINT, 3178 77277.48,18643.09 ~ANGENT, 30.04 3269 78890.45 18804.17 2063.17 RADIUS: 1621.00 LENGTH: 47.48 CHORD; 47.48 DELTA: 01°40r41n CHORD BRG: S 83°27'28 11 E PC-R: S 05°..J:2'11 11 W PT-R: S 07°22 1 52r1 W RADIUS POINT, 3178 77277.48,c8643.09 TMNGENT, 23.74 3268 78885. 04 18851. 34 2110. 65 RADIUS, 637.00 LENGTH, 12.72 CHORD BRG, S 83°11' 28" E PC-R, CHORJJ, 12. 72 DELTA, 01°08 '40" N 07 8 22'32ir E ?T-R: N 06°1,;1 12 11 E RADIUS POINT, 3109 79516.77,18933.17 TANGENT, 6.36 3266 78883.54 18863.97 2123 .37 R.A..DIUS: 637.00 LENGTH: 47.85 CECRI:: 47.84 DELTA: 04°18 1 15 11 CHORD BRG: S 85°54'55" E PC-R: N J6°J.,!'12 11 E PT-?.: N 01°55 1 57 11 E RADIUS POINT, 3109 79516.77,18933.I/ 'I.'0/GENT, 23.94 3265 78880.:3 18911.69 2171.23 s 88°04'03" E 12.19 3172 s 88°04'03 11 E 47. 34 3171 78879. ; C 78878 . ::..2 18923.88 18971.19 2183.42 2230.76 RADIUS, 76.00 LENGTH, 12.72 CHORD: 12. 70 DE:.TA: 09°35 '20" CHORD BRG: s 8 3 ° 16 '2 3 IT E PC-R: s ·= l O 5 5 I 5 7 11 w PT-R.: s 11 ° 31 ! 1 7 Pl w RADIUS POIN':', 3112 78802 .16, 18968. Ei TAKGENT, 6. 37 3170 78876.63 18983.81 2243.48 RADIUS, 76.00 LENGTH, 42.64 CHORD, 42.08 DELTA, 32°08'47" CHORD ERG: S 62°24 1 20" E PC-R: S ~1c31 1.7" W PT-R: S 43°40'04 11 W RADIUS POINT, 3112 78802.16,18968.63 TA.KGE.K~, 21.90 3175 78857.1,± 19C21.10 2286.12 RJ\_JJIUS, 76.00 LC:NGT'-l, 62.10 CHORD, 60.39 DELTA, 46°49'07" CHORD BRG: S 22°55'23 1' E PC-R: S 43°40'04 11 W PT-R: N 89°30'49'' W RADIUS POINT, 3112 78802.16,18968.63 T!iliGENT, 32.90 25029 s 00°29'll 11 25004 s 00°29 I ::_1 n j 2 2:. s ooc29·:..:.11 w 104.28 w 60.05 w 34.07 78801. 52 78637.19 19044.62 19043.74 19043.23 2348.22 2452.50 2512.5:S 3225 78582. 1: 19042. 77 2566.62 DELTA: 84°29'06" P~-R: N 85°01'43'1 W RA..D::::r_;s: 76.00 LENGTH: 5.95 Cf:ORlJ: 5.95 C:IORD 3RG: .S 02°43 1 44" W PC-?.: N 89°3:::)'-!9 11 ~,) RA.D~US ?CINT: 3217 78583.77,:..896€.":7 T.~.JGEN':: 2.98 R/UJI;:s ?OINT, 3217 78583.77,c8966 77 T.""'IGENT, 17.18 3228 7 85'15.26 19032.29 2606.36 RADr..:s: 76.00 LENGTH: 20.17 CHOR.:): 20.11 DELTA: 15°12'31 11 CHORD 3RG: S 38°03 1 02 11 W PC-R: ~ 59°33':4 1' W PT-R: N 44°20 1 43'1 W RAD=,,;s POINT, 3217 78583.77,18966.7 7 T.',NGENT, 10.15 3232 78529.~2 19019.89 2626.53 R/UJiuS, 76.00 LENGTH, 30.94 CHORD, 30.73 DELTA, 23'19'31" CHORD BRG : s 5 7 ° 19 I O 3 11 w PC-R ; 1:·J -! 4 :J 2 0 I 4 3 IT w PT-~ : N 21°01 ] 12 " w RADIUS ?OINT, 3217 78583.77,18966.77 T.Z\JJGENT, 15.69 3237 78512.83 18994.03 2657.47 RADIUS, 76. 00 LENGTH, 30. 47 CEORD, 30. 27 DELTA, 22 ° 58 '28" CHORD BRG : s 8 0 ° 2 8 I O 2 II w PC-R : \J :2 ·1 ,; 0 1 I 12 tr w PT-R : N O 1°57 ! 16 II E RADIUS ?OINT: 3217 78583.77,18966.77 "TA..i"\JGENT: 15.44 3240 78507.81 18964.18 2687.95 N 88°02 1 44n W 30.34 3239 78508.85 18933.86 2718.28 N 88°02 •44n W 8.61 3243 75509.14 18925.26 2726.90 R/UJIUS, 1021.00 LENGTH, 51.41 CHORD, 51.41 DELTA, 02°53'06" CHORD BRG: N 86°36 1 llr1 W PC-R: N GlG57'16 11 E PT-R: N 04°50'22 11 E R/UJIUS POINT, 3115 79529.55,1896C.OR TPillGENT, 25.71 3242 78512.19 18873.94 2778.31 R/UJIUS, 1021.00 LENGTH, 60.20 CHORD, 60.19 DELTA, 03°22'42" CHORD ERG: N 83°28 1 17 11 W PC-R: N 04°50'22 11 E PT-R: N 08°13 1 04 11 E R/UJIUS POINT, 3115 79529.55,18960.08 c:-·.>3GENT, 30.11 3245 78519.03 18814.14 2838.51 RADIUS, 1021.00 LENGTH, 11.20 CHORD, 11.20 DELTA, 00°37'44" CHORD ERG: N 81°28 1 04 11 W PC-R: ~.J 08c13'04" E PT-R: N 08°50'47" E R/UJIUS POINT, 3115 79529.55,18960.08 ~l'.KGENT, 5.60 3248 78520.69 18803.06 2849.71 RADIUS: 979.00 LENGTH: 49.10 CHORD; 49.09 DELTA: 02°52'25'' CHORD BRG: N s 2 ° 3 s 1 2 s 11 w PC-R: s o a O s o 1 --± 7 11 w PT-R: s o s O s a 1 2 3 11 w R/UJIUS POINT, 3117 77553.34,18652.50 TAFGENT, 24.55 3247 7852'7.03 18754.38 2898.81 R/UJIUS, 979.00 LENGTH, 60.06 C'-'ORD, 60.05 DELTA, 03°30'53" CHORD BRG: N 85°47'03 11 W PC-R: S 0:::0 58'23" W PT-R: S 02°27'30n W RADITCS PO:NT: 3117 77553.34,18652.SC TP..'.'-JGENT: 30.04 3250 78531.H 18694.49 2958.86 Rl'd)I'JS, 979.00 LENGTH, 60.02 C'-'OSD, 60.01 DELTA, 03°30'46" CHORD ERG ; N 8 9 ° 1 7 T 5 3 H w PC-R: 5 '.):.: 0 :;: 7 ' 3 iJ II w PT-R : s O l O O 3 ' 16 I! E R/UJIUS POINT, 3117 77553.34,1865:.JO TANGENT, 30.02 3252 78532 .18 18634 .48 3018. 89 R/UJIUS, 979.00 LENGTH, 60.22 C'JORD, 60.21 DELTA, 03°31'28" CHORD BRG: S 87°11 1 C0 1' W PC-R: S C1°03'i6" E PT-R: S 04°34 1 44 11 E RADIUS POINT, 3117 77553 .34, 1865:. 50 TANGENT, 30.12 3254 78529.22 18574.35 3079.11 RADIUS: 979.00 LENGTH: 6.13 CHORD: 6.13 DELT.Zl..: 00°21 1 32 11 CHORD B!{G; S 85°l4 1 30 11 W PC-R: S c...:_0 :;..:;.i.14 11 E PT-R: S 04°56'16'1 E ?/UJIUS POINT, 3117 77553.34,1865c.50 T.'lliGENT, 3.07 3257 -.,ss.:s.11 18568.24 3085.24 RAD:US: 1021.00 LENGTH: 54.15 C"':ORD: S4.1.5 DELTA: 03°02 1 20 11 CHORD BRG: S 86°34'54" W PC-R: Y :'>,!.0 56'16" W PT-R: N 01°53 1 55" W R/UJIUS POIN".', 3207 79545.92,1848C .. i6 L',NGEN':', 27.08 3256 72Sc5.48 18514.19 3139.39 RADIUS: 1021.00 LENGTH: 60.05 C:ICRD: 60.04 DELTA: 03°22'12 11 CHORD BRG: S 89°47 1 10" W PC-R: ::.f ::;::_:,53'35" W PT-?.: N 01c2s 1 15 11 E RJDIUS POINT, 3207 79545.92,18480.3•1 ~'.C\.c\GEt;':', 30.03 3259 78=:.:=:.28 18454.14 3:.99.44 ?.A0IUS: "'..021..00 LENGTH: 8.61 CHORD ERG: N a.s c 1-: , 14" 1,J Pc -~: C~:::CRD: 8. 6l :~·-:,:;:8'16" E DELTA: 00°29 1 00'1 PT-R: N o:._c57' 15" E RADIUS ?O::i:NT: 3207 79545. 92, 18480. -,r-; ~P....'.'-JGENT: 4. 31 3262 78~.::=.st 18445.54 3208.05 N 8 8:.: C ::2 ' -l: 4" lV 51. 3 9 3.::~_:_ 18394. :.s .:',259.44 • T ·, (, N 88°02 '..'.!:4" 3285 N 88°02 1 44!1 3287 N 88°02 1 4.::;11 3290 w w w 60.00 60.00 2 9. 09 7853:.36 78533 .-!-0 78':::3'± --~O 18274.25 18214.28 18185.20 3379.44 3439.44 3468.54 2ADIUS, 621.00 ~bNG':'3: 30.91 c-~OED: 30.91 DE::..TA: 02°31'08 11 CHORD BRG: N 86°37'10 11 W PC-R: N C1°57 1 :6 11 E PT-R: N 04°48 1 24 11 E ?.ADIUS POINT, 3102 79155.04,182C6.38 c'.1\\JGENT, 15.46 3289 /3536.12 18154.34 3499.46 RADIUS, 621.00 LENGTH, 60.32 CHOR:J, 60.29 DELTA, 05°33'53" CHORD BRG: N 82°24'39 11 W PC-R: ;\· C-±0 4-8 1 '.::4 11 E PT-R: N 10°22'17" E RADIUS POINT, 3102 79155.04,18206.38 TANGENT, 30.18 3323 78544. '.8 18094 .58 3559. 77 RADIUS, 621.00 LENGTH, 8.41 CHOR:J, 8.41 DELTA, 00°46'34" CHORD BRG: N 79°14'26 11 W PC-R: N 1C 0 22':!_7 11 E PT-R: N 11°08 1 51 11 E RADIUS POINT, 3102 79155.04,18206.33 TANGENT, 4.21 3328 785'15.75 18086.32 3568.18 RADIUS, 579.00 LENGTH, 108.61 CHOR'J, 108.45 DELTA, 10°44'53" CHORD BRG: N 84°13 1 35" W PC-R: S 11°08'.31 11 W PT-R: S 00°23'58 11 W RADIUS POINT, 3293 77977.68,1797e.37 TANGENT, 54.47 3327 78556. 66 17978. 41 3676. 80 N 89°36 1 02° W 6.42 3326 78556.7: 17971.99 3683.22 RADIUS, 25.00 LENGTH, 39.27 CHORD, 35.36 DELTA, 90°00'00" CHORD ERG: 8 45°23 r 59n W PC-R: S 00"23 'S8" W PT-R: S 89°36 1 02 11 E RADIUS POINT, 3325 78531. 71, 17971. 32 T~NGENT, 25. OC 3324 78531.88 17946.82 3722.49 Closure Error Distance> 0.0076 Error Eeari2g> N 17°43'30 1' E Closure Precision> 1 in 487257.8 Total Distance> 3722.49 LOT AREA, 308683 SQ FT OR 7. 0864 ACR'.':S Lot Report 9/27/06 15:42 Lot File, p,\200l\01019\C.1l.RLSON\LOT Fl. ES\OLAT MAP CHECKS.LOT CRD ?ile> P:\2001\0l019\CARLS0N\01Cl9.CRC LOT ROW 2 OF 3LOCK ' TYPE: LO'I ~, PNT# 3EARING DISTANCE NO?.THTNG 3205 'c8596 .:o N 01°57 1 16" E 50.00 3201 786-!6. 17 N 01°57 1 16 11 E 75.00 3199 78721 . 1 3 N 01°57 1 16 11 E 66.66 3195 78787.7-:1: N Ol 0 57r16" E 44.45 EASTING 18338.64 18340.35 18342.90 18345.18 STATION 0.00 50.00 125.00 191.66 3196 '78832 .16 18346.69 236.10 RADIUS: 25.00 LENGTH: 39.26 CEORC: 35.35 DELTA: 89°58'41 11 CHCRD BRG: N 4 6 c 5 6 1 3 6 11 E PC-R : S 8 8 c O 2 1 4 4 11 E PT-R : S O 1°55 1 5 7 11 W RADIUS POINT: 3197 78831.31,18371.68 TANGENT: 24.99 3198 3192 S 88°04 1 03 11 E 84.25 24.99 78856.30 18372.52 18456.73 275.36 359.62 3193 78852.61 18481.70 384.61 RADIUS: 679.00 LENGTH: 35.02 CHOR':l: 35.02 DELTA: 02°57'20" CHORD BRG: S 89°32 1 43 11 E PC-R: N C1°55 1 57" E P~-R: N 01°01 1 23 11 W RADIUS POINT: 3160 79531.23,1850-i.60 Tk\fGENT: 17.52 3189 78852.33 18516.72 419.63 RADIUS: 679.00 LENGTH: 29.55 :HO?.D, 29.54 DELTA: 02°29'35" CHORD ERG: N 87°43 1 49 11 E PC-R: ::.J c1°0:.·23 11 W PT-R; N 03°30'59 11 W :.u\DIUS POINT: 3160 79531.23,18504.60 Tk~GENT, 14.78 3:90 7BBS3.5D 18546.24 449.18 "-ADIUS: 1579.00 LENGTH: 30.65 CHOR':l: 30.65 DELTA: 01°06'43" CHORD BRG: N 87°02'23" E PC-R: S 03°J0'59n E PT-R: S 02°24r15 11 E =IUS POINT: 3178 77277.48,18643.09 Ti'.,'!GENT: 15.32 3:a1 7ssss.09 18576.85 479.83 RADIUS: 1579.00 LENGTH: 60.10 CEORD: 60.10 DELTA: 02°10'51" CHCRD BRG: N 39c41 1 11 11 E PC-R: S o:>'2--l:'15 11 E PT-R: S 00°13 1 24" E RADIUS POINT: 3178 77277.48,18643.CS TAl!GENT: 30.05 3185 78856.46 18636.93 539.93 RADIUS, 1579.00 LE);GTH: 60.01 CHORD: 60.01 DELTA: 02°10'40" CHORD BRG: S 89°08'04" E PC-R: S C0°13'2--l:11 E PT-R: S 01°57'16'1 W RADIUS POINT, 3178 77277.48,18643.09 ~~~GENT, 30.01 3183 78855.56 18696.94 599.94 RADIUS: 1579.00 LENGTH: 60.01 CHORCJ: 60.01 DELTA: 02°10'40" CHORD BRG : S 8 6 ° 5 7 1 2 4 11 E PC -R : S O .: 0 3 7 1 16 11 W PT-R : S O 4 ~ 0 7 ' 5 6" W RADIUS POINT, 3178 77277.48,18643.09 TM.JGENT, 30.01 3181 78852.37 18756.86 659.96 RAD:US: 1579.00 LENGTH: 60.10 CHORD BRG: S 84°46 1 39 1' E PC-R: CHOR~: 60.10 DELTA: 02°10'51'1 S 04=c7 56 11 W PT-R: S 06°18'47 1' W RADIUS ?OINT: 3178 77277.48,:864:.:0.03 T}'\"\JGENT: 30.05 3177 78846.9C 18816.71 720.06 RADIUS: 1579.00 C:,ENGTH: 29.44 C:"O~C: 29.44 DELT.z'.: 01°04'05" CEORD BRG: S 83°09 1 11'1 E PC-R: S osc-g•J7'' W PT-R: S 07°22'52 11 W RADIUS POD!':': 3178 77277.48,18643.09 TANGENT: 14.72 3179 ";'38-±3.39 18845.94 749.50 RADIUS: 679.00 LENGTH: 30.75 CHOED: 30.75 DELTA: 02°35 1 41" CEORD ERG: S 83°54 1 58" E PC-R: N o:c1:=1 s2 11 E P'I-R: N 04c:,47'11 11 E ;::.ADIUS POINT: 3109 79516.77,18933.::.: ---..::,J\TGENT: 15.38 3:_:;a :ss..;0.13 18876.52 1so.2s R.Z:...DIUS: 679.00 :::..ENGTH: 33.82 CHORD: 33.82 DELTA: 02°51'14'1 C:SORD ERG: S 8 6 ° 3 8 1 2 6" E PC-R: N ,)..+_: -1-7 ' ·1 ·1_ 11 E PT -R: N O 1°55 ' 5 7" E R.;::;,.DIGS POI~~: .3109 79516. 77, 1893~. T.~JGENT: 16. 91 31::.·~ -,2323.:..S :..8910.28 814.07 S 33co._1 1 C3 ,. E RADIUS, 34.00 LENGTH, 52.55 C:~ORD, 47.47 CHORD BRG: S 43°47'26 11 E PC-R: S 01°55'57" W PT-~: RADIUS POINT, 3,12 78802.16,18968.63 TA~\/GENT, 33.15 3: 13 s 00°29 1 _:._1 11 w 3106 s C0°29'll 11 w 3215 s 0002911111 w 3213 s 00°29' 11'' w 36.44 66.80 75.02 40.14 7820,.83 19002.63 78763. --!:'± 78698.64 78623.62 19002.32 19001. 75 1900, .11 DELLA: 88°33 1 14 I! N 89°30'49 11 W 92 6. 15 962.58 1029.38 1104.41 3216 78583.CS 19000.77 1144.55 RADIUS, 34.00 LENGTH, 54.28 CHORD, 48.70 DELTA, 91°28'05" CHORD BRG: S 46°13'13 11 W PC-R: N 59°30'491! W PT-R: N 01°57 1 16 11 E RADIUS POINT, 3217 78583.77,18966.77 ".'A~\/GENT, 34.88 3218 78549. 79 18965.61 1198.83 N 88°02 '44 11 W 38.95 3219 78551.,2 18926.69 1237.78 RADIUS, 979.00 LENGTH, 60.04 CHORD, 60.03 DELTA, 03°30'50" CHORD BRG: N 86°17 1 19" W PC-R: N o:._c5"?•::c_5n E PT-R: N 05°28'05'' E RADIUS POINT: 3115 79529.55 1 1896C.J8 TANGENT: 30.03 3114 73553.00 18866.79 1297.81 RADIUS, 979.00 LENGTH, 57.73 ChORD, 57.72 DELTA, 03°22'42" C30RD BRG: N 82°50' 34n W PC-R: N o.::c:29' 05 11 E PT-R: N 08°50 '47 11 E RADIUS POINT, 3115 79529.55,18960.08 T.".NGENT, 28.87 3115 78562.19 18809.52 1355.54 RADIUS, 1021.00 LENGTH, 2.5, CEORD, 2.54 DELTA, 00°08'33" CHORD BRG: N 81°13 1 29 11 W PC-R: S 08°50'47 11 W P't'-R: S 08°42 '15 11 W RADIUS POINT, 3117 77553.34,18652.SO TANGENT, 1.27 3118 73562.58 18807.01 1358.08 RADIUS, 1021.00 LENGTH, 60.24 CHORD, 60.23 DELTA, 03°22'51" C::IORD BRG: N 82°59 1 11 11 W PC-R: S 1.:::8°42'15 11 W PT-R: S 05°19 1 24 11 W RADIUS POINT, 3117 77553.34,18652.SJ T.".NGENT, 30.13 3212 78569.94 18747.23 1418.32 RADIUS, 1021.00 LENGTH, 60.03 CEORS, 60.03 DELTA, 03°22'08" CHORD ERG: N 86°21 '40" W PC-R: S 0.5°:9 1 24 11 W PT-R: S 01°57 1 16 11 W RADIUS POINT, 3117 77553.34,18652.50 T.Clc.~GENT, 30.03 3211 78373.75 18687.32 1478.35 RADIUS, 1021.00 LENGTH, 60. 03 CHOR~: 60.03 DELTA: 03°22 1 08 11 CHORD BRG, N 89°43'48'' W PC-R, S 01.C.~~'7 1 16 11 W PT-R: S 01°24 1 52 11 E RADIUS POINT, 3117 77553.34,18652.50 T.i\.NGENT, 30.03 3210 ;357..;. 03 18627 .30 1538.39 RADIUS, 1021.00 LENGTH, 60.24 CEORC, 60.23 DELTA, 03°22'51" CHORD BRG: S 86°53'42" W PC-R: S 01-::2~1 1:2 11 E PT-R: S 04°47'43" E RADIUS POINT, 3117 77553.34,18652.50 T.O.NGENT, 30.13 3208 78570. 77 18567 .15 1598. 63 RADIUS, 1021.00 ~ENGTH, 2.54 Cc:'ORD, 2.54 DELTA, 00°08'33" CHORD ERG: S 85°08 1 01'' W PC-R: S J4°47'43'' E PT-R: S 04°56'16 11 E R.PillIUS POINT: 3117 77553.34,1865:.30 T.~~GENT; 1.27 3209 78c'O.c'i 18564.62 1601.17 RA:CIUS: 979.00 LE:::JGTH; 57.73 CHOE.C: 57.72 DELTA: 03°22'43 11 CHOR2J BRG: S 86°45'05" r;J PC-R:)] U4":=,6':i5" W PT-R: N 01°33'33" W RADC:US POINT, 3207 79545.92,18480.:6 ~.~NGENT, 28.87 3206 78.:i6°.2S 2.8507.00 1658.90 RAD2US, 979.0C LENGTH, 60.04 CHCP.D, 60.03 DELc'A_, 03°30'49" C~ORD 3RG: .N 89°48'09 11 W PC-R: ~ :Jl.,·'33':33 11 W PT-R: N 01°57 1 16 11 E RA_D=us ?OINT: 3207 79545.92,18480._"36 '"='.::'.'..J,JGENT: 30.03 3202 73567.-19 18446.97 1718.93 N 88c02'44" ·;,,1 84.24 3203 -:'8-:)-.:o . .:.o 18362.77 1803.18 RADIUS: 25.00 LENGT:-3:: 39.27 CHOK.D: 35.36 DEL'TA: 90°00'00" CHOR:J 3RG: N 43°02 1 44 11 ril/ PC-R: :-; :::_~51•:_5•1 E PT-R: S 88°02 1 44" E .?..:W..D:us ?CI:\~?: 3204 78595.35,1836.3 'J:3 ·--::-,"'.'._NGENT: 25.00 _:,:::us -~n 1833S.64 1..842.4:i .:J,::,s.1"'":: E1·· c, ~ot Report 9/15/06 09,38 ::aot File, Pa\2001\01019\CARLSON\LOT FILES\PLAT MAP CHECKS.LOT CRD File::-P, \2001 \01019\CARLSON\01019. c,-d :OT ROW 3 OF BLOCK 1, T::'"PE: ~OT i?NT# BEARING DISTANCE NORTE--:-NG EASTING STATION 4303 78379.97 19193.00 0.00 N 87°08 1 22 11 w 12.01 3291 78380.57 19181.01 12.01 N 00°29 1 11 11 E 131. 82 3226 785~2.38 19182.13 143.83 N 00°29 1 11 11 E 60.02 3223 7857:2.40 19182.64 203.85 N 00°29 1 11 11 E 60.02 3220 78632.42 19183 .14 263.87 N 00°29'11!1 E 60.02 4632 78692.43 19183.65 323.88 s 88°02'01!1 E 12. 0 0 4633 7869'.:;. 02 19195.65 335.89 s 00°29 1 1:11 w 312.06 4503 783 ::g. 9'7 19193.00 647.95 Closure Er::::-or Distance> 0.0084 Error 3ear.:.ng::-s 2 5 O 2 9 I 3 8 II E Clos·J.re Precision::-l in 76840.2 Total Distance> 647.95 LOT AREA, 3744 SQ FT OR 0.0859 ACRES ::..,ot Repor~ 9/15/06 09,38 :Oot File, P,\2001\01019\CARLSON\LCT FE3S\PLAT MAP CHECKS.LOT CRD File> LOT ROW 4 P,\2001\01019\CARLSON\OlG:3.crd OF 3LOCK 1, TYPE, ~er PNT# BSARING DISTANCE NORT.l·L.NG 4616 N 3280 N 3283 s 4611 s 4616 88°04 I 08'1 w 00°29' ll" 3 88°03'20 11 3 00029 I 1111 w 12. 00 59.71 12. 00 59.71 78819.82 78820.22 78379.93 78879.53 78819.82 EASTING 19196.74 19184.74 19185.25 19197.24 19196.74 Closure Error Distance> 0.0028 Error Bearing> N 01°56'16 11 E Closure Precision> 1 in 51362.3 Total Dista~ce> 143.43 LOT A..~EA, 717 SQ FT OR 0.0164 ACRES 3LOCK 1 TOTAL AREA, 717 SQ FT OR C.Cl64 ACRES STATION 0.00 12. 00 71.72 83.72 143.43 Lot Repcrt 9/14/06 14,:3 Lot File, F,\2081\01019\Carlson\Lot "iles\PLAT MAP CH3CKS. lot CRD File> P,\2001\01019\CARLSON\Ol0-.9.crc! LOT 1 OF BLOCK 1, TYPE, LCT PNT# BEA.."-'?.ING DISTANCE '!ORTHl'JG EASTING STATION 3294 7 8597.80 18007.26 0.00 RADIUS: 621.00 LENGTH: 28.57 CHCRD: 28.57 DSLTA: 02°38 1 09 11 CHORD BRG: N 88°16 1 57 11 W PC-R: S 03°0::! '07 11 W PT-R: S 00°23 '58 11 W RADIUS POINT, 3293 77977.68,1797f.37 ~ANGENT, 14.29 3298 78592.66 17978.71 28.57 N 89°36 1 02 11 W 6.42 3299 78598.71 17972.28 34.99 RADIUS, 25.00 LENGTH, 39.27 CHORD, 35.36 DELTA, 90°00'00" CHORD BRG: N 44°36 1 02 11 'H PC-R: N 00°23'58" E P'I-R: S 89°36'02" E RADIUS POINT, 3300 78623.71,17972.•16 TA}IGENT, 25.00 3301 78623.88 17947.46 74.26 N ooc23•5an E 3 3 02 S 88°02 1 44ri E 3295 s 01°57 1 16'1 w 3294 110. 72 63.66 134. 70 "7873..J:. 39 78'732 .-12 78597.80 17948.23 18011. 85 18007.26 Closure Error Distance> 0.0052 Erro~ 3earing> s 59°44 1 39 11 E Closure Precision> 1 in 74345.0 To=aJ Distance> 383.33 LOT AREA, 8210 SQ FT OR 0.1885 ACRES 184. 98 248.64 383.33 LOT 2 OF B::..iocK 1, TYPE: :.., . .::T PN,# BEARING DIS':'J.I..NCE r:O?_THii'TG EASTING STATION 3292 78391. ;:: 18067. 09 0. 00 RADIUS, 621.00 LENGTH, 60.16 CHCR:J, 60.14 DELTA, 05'33'02" CHORD BRG: >f 84°11 1 22" W PC-R: S 02::35•::::9 11 W PT-R; S 03°02 1 071! W RADIUS POINT, 3293 77977.68,1797>.37 Tc;NGENT, 30.10 3294 7859'7 .20 18007.26 60.16 N 01°57 1 16 11 E 134. 70 3295 "'7 87 32 .42 18011. 85 194. 86 s 88°02 1 44" E 60.00 3296 78730 .38 18071.82 254.86 s 01°57'16" w 138.74 3292 78591. 7: 18067.09 393.60 2losure Error Distance> 0.0059 Err::::r Bearing> s 38°43'24 11 E Closure Precision> 1 in 66666.8 Tota.:.. :Uist:ance> 393.60 LOT AREA, 8174 SQ FT OR 0.1876 ACRES ~OT 3 ?NT# B3ARIKG 3103 OF BLOCK 1, TYPE: LOT DISTA.i'\JCE NORTHING -::'853"1 . .S.3 EAS'."ING 18126. 77 STAT:'.ON 0.00 RADIUS: 579.00 LENGTE: 32.79 CHC?SD: 32.79 DELTA: 03°14'42" CHORD BRG: N 80°28 1 30 11 W PC-R: N 07c54'Q9 1' E PT-R: N ll 0 08 1 Sl 11 E RADIUS POINT, 3102 .79155.04,182J6.38 '."ANGENT: 16.40 3297 78586.96 18094.H 32.79 RADIUS: 621.00 LENGTH, 27.76 CHORD, 27.76 DELTA, 02°33'42" CHORD BRG: N 8 Q O Q 8 1 0 0 11 W PC-R '. S 1::_:,08 ' 51 11 W PT-R ! S Q 8 O 3 5 1 Q 9 11 W RADIUS POINT: 3293 77977.68,1797-1.37 ~ANGENT: 13.88 3292 7339·~.72 18067.09 60.56 3296 3104 3103 N 01°57 1 16" E S 88°02 '44 11 E s 0:..0 57 1 16 11 w 138. 74 60.00 146.88 78730.38 78728.33 78581.53 18071.82 18131. 78 18126. 77 Clos~re Error Distance> 0.0013 Error Bearing> s 05°52 1 57 11 W Clos~re Precision> 1 in 309417.0 ~ctal Distance> 406.18 LOT AREA, 8574 SQ FT OR 0.1968 ACRES 199.30 259.30 406.18 Lot Report 9/27/06 15,57 Lot Fi:e, P,\2001\01019\CA2LSON\LOI FILES\PLAT MAP CHECKS.'"OT P, \20 01\01019\CARLSON\ 01 Jl9. c,d OF BLOCK 1, TYPE: ~O':' CRD File> LOT 4 PNT# BEARING DISTANCE :,.JOg_TE-:--('~G 3101 78576 . .37 EASTING 18186.63 STATION 0.00 RADIUS: 579.00 LENGTH: 60.11 CHCR:J: 60.08 DEL''!'A: 05°56 1 53 11 CHORD BRG: N 85°04 T 18 11 w PC-R: K 0:!..0 57 '16 11 E PT-R: N 07°54 I 09 11 E RADIUS POINT: 3102 79155.04,18206.38 TAc~GENT, 30.08 3103 7858" .53 18126.77 60.11 3104 3105 3101 N 01°57' 16 11 E S 88°02 1 44" E S Ol 0 S7'J..6r1 W 146.88 60. 00 150.00 '787~8.33 78726.28 73376.37 18131. 78 18191.75 18186.63 Closure Error Distance> Q.0031 Error Bearing> N 14°56 1 32 11 W Closure Prec~sion> 1 in 133062.9 Total D~stance> 416.99 LOT AREA: 8938 SQ FT OR 0.2052 ACRES 206.99 266.99 416.99 LOT 5 OF BLOCK 1, TYPE, LO~ PNT'/ BEARING :>IST.Z\NCE s;o,~:~DJG E:ASTING STATION 3136 ""7839'7.6_2. 18296.66 c.oc RADIUS: 25. 00 LEKGTH: 39. 27 C:E--IOR:::.:,: 35. 36 DELTA: 9C O 00' 00 11 CHORD BRG: S 46°57'16 11 W PC-R: N 88'.)J2 4-'±11 W PT-R: N 01°57':6 11 E RADIUS POINT, 3137 78598.48,18271.68 T~.NGENT, 25.0C 3138 73573.SC 18270.83 39.27 N 88°02 1 44 11 w 84.24 3101 78.S16.37 c.8186.63 123.51 N 0105711511 E 73.00 3100 78 6--:!: 9. 33 18189.12 196.51 s 88°02 1 44" E 109.24 3133 786-!3. 6G 18298.30 305.76 s 01°57'16 11 w 48.00 3136 78:iS7.63 18296.66 353.76 Clcsure Error Distance> 0.0047 Errcr Searing> N 46°57 1 16'' E Closure Precision> 1 in 75898.5 Tota: Distance> 353.76 LOT AREA, 7841 SQ FT OR 0.1800 ACRES LJOT 5 PNT# 3133 3100 3:34 3135 3133 BEARING OF BLOCK 1, TYPE, DIS'::ANCE N 88°02 '44 11 W N 01-0 57 1 16 11 E S 88°04 1 03 11 E s 01°57 1 16 11 w :09.24 67.03 109.24 67.08 LOT NOETHING '"'86--:\5.60 .--,86-19.33 787::_G.32 7864.S.60 EASTING 18298.30 18189.12 18191.41 18300.59 18298.30 Closure Error Distance> 0.0082 Error Bear:ng> N 02°00 1 39'' E Closure Precision> 1 in 43206.3 Total Dis~ance> 352.60 LOT AREA, 7325 SQ FT OR 0.1682 ACRES STATION 0.00 109.24 176.28 285.52 352.60 LCT 7 OF BLOCK 1, '-:'YPE, L'.:T PNT# BEARING DIST.Z\1,!CE NORT'.-l~NG EASTING STATION 313 5 78 7 _:_:2 .6-:= 18300.59 0.00 N 88°04 1 03" w 109.24 3134 7 87:6. .:...::: 18191. 41 109.24 N 01°57 1 l6n E 9.97 3105 78726. cS :s191.75 1::.9.21 s ssoo214411 E 9. 2.:; 313 9 787~S. 97 :2.8200.99 12 8. 4 6 N 01°57 1:.6!! E 62. 04 312::. 7818'7.97 18203.10 190.49 s 88°04'03" E 100.00 3140 78784.60 18303.04 290.49 s 01°57'.::..6 11 w 72.00 3135 78712.6~ 18300.59 362.49 Closure E:::.--ror Distance> 0.0065 Error Bearing> s 01°57 1 38 11 w Closure Precision> l i:i 56104.2 Tota1 01.stance> 362.49 LOT .Z\REA, 7292 SQ FT 0'1. 0.1674 ACRES LOT 8 PNT# BEARING 314 0 OF BLOCK 1, TYPE, LO~ DISTANCE )JO?.':':II;,JG /876-1,.60 N88°04 1 03 11 W 3121 N 01°57 1 16 11 E 3132 S 88°04'03 11 E 100.00 74.CO 74.99 "7878'. 97 78861.93 EASTING 18303.04 18203.10 18205.63 STATION 0.00 100.00 174.00 3141 78859.40 18280.57 248.99 RADIUS, 25.00 LENGTE, 39.28 CL[OR'J, 35.36 DEL':'A, 90'01'19" CHORD BRG: S 43°03 1 24 11 E PC-R: S OJ_c53 · 57 11 W PT-R: N 88°02 1 44 11 W RADIUS POINT, 3142 78834.41,18279.7 3 T~.NGENT, 25.01 3143 3140 s O 1O57 I 16 IT W 48.99 78833.56 78784.60 18304.72 18303.04 Closure Error Distance> 0.0027 Error Bearing> S 41°14'35 11 E Closure Precision> l in 124514.7 Tota~ Distance> 337.26 LOT AREA, 7266 SQ FT OR 0.1668 ACRES 288.27 337.26 Lot Report 9/27/06 16,01 Lot File, P,\2001\01019\CARLSON\LCT FILES'• P',AT MAP CHECKS.LOT CRD File> P,\2001\01019\CARLSON\01019.c,:d LOT 9 OF BLOCK l, TYPE: :,QT PNT# BEAR=NG DISTANCE NORTE=NG EASTING STATION 313 9 78/25.97 18200.99 0.00 N 88°02 1 44n w 122.85 3322 78730.16 18078.20 122.85 N 01°57 1 16 1' E 47.00 3124 78777.13 18079.80 169.86 N 46°57'16" E 18.38 3123 78789.68 18093.24 188.24 s 88°02 1 44 11 E 109.86 3122 78785.93 18203.03 298.10 s 01°57 1 16 11 w 60.00 313 9 78725.97 18200.99 358.10 Closure Error Distance> 0.0048 :Srro.r Bearing> N 46°57' 16 11 E Closure Precis.::..on> 1 in 74973.3 Total :Ji stance> 358.10 LOT AREA, 7287 SQ FT OR 0.1673 ACR"S LOT 10 OF BLOCK 1, T':'PE: .:....OT FNT# BEARING DISTANCE ).!C-RTHll\-G EASTING ST.l''>TION 3322 7873,J.16 18078.20 0.00 N 88°02 1 44 11 w 130.05 3302 ;3;_; .. t_ 59 17948.23 13 0. 05 N 00°23•ss 11 E 60.02 3304 7 8 ~ 9'± .62 17%8.6S 190.07 s 88°02 '44 11 E 118.68 3303 78790.5"7 18067.26 308.75 s 4300214411 E 18.38 3124 78(7'7 .. 13 18079.80 327.13 s 01°57 1 16 11 w 47.00 3322 78730.16 18078.20 374. 13 Clos· .. ire Error :Jistance> 0.0025 Error 3ea.::ing"> s 56°56'51 11 E Closure Precision> 1 in 151659.1 Tctal c.::_stance> 374.13 LOT AREA: 7767 SQ F':' OR 0.1783 ACRES LOT 11 OF BLOCK . c::'YPE, LOT -, PNT# BEARING DISTANCE t\~CR""'.'HING EASTING ST.'HION 3125 78808.-±5 18080.87 0.00 s 01°57' 16'1 w 31. 34 3124 78777.13 18079.80 31.34 N 43°02'44!! w 18.38 3303 78790 . 5 7 18067.26 49. 72 N 88°02 '44" w 118.68 3304 / 8 /94 . 1S2 17948.65 168.40 N 00°23 '58" 3 67.59 3305 78862 . 2 1 17949.12 235.99 s 88°02 '44 11 3 119.93 3306 78858. 1: 18068.98 355.92 RADIUS, 55.00 LENGTH, 32.79 C:-TORD: 32.30 DELTA, 34°09'20 11 CHORD BRG, s 41°30 1 05 11 E PC-R, :,:r 55:;;34 '35" E PT-R: N 31°25 1 15n RADIUS POINT, 3128 3127 3126 s 31°25 1 15 11 w s 17°25 ' 0 6 '1 w 3125 78880.86,18119.06 c::'ANGENT, 16.90 78333.92 18090.39 6.00 78228.80 18087.26 21. 33 785C8.45 18080.87 Closure Error Distance> 0.0076 Error Bearing> N 30°59'52'1 E Closure Precision> 1 in 54407.7 Total Distance> 416.04 LOT AREA, 9029 SQ FT OR 0.2073 ACRES 388. 71 3 94. 71 416.04 E LOT 12 OF BLOCK 1, TYPE, LO·~ PNT# BEARING DISTANCE NCRTIII)JG EASTING STATION 3306 ---::'8838.12 18068.98 o.co N 88°02 : 44 rr w ll9. 93 3305 7 8862 .,, 17949.12 119. 93 N 00°23'58 11 E 61.05 3315 /89:.3 . 2S 17949.55 180.98 s 88°:J2 1 44n E 121.64 3 314 739:._9_ 11 18071.11 302.62 s 32°23'16" E 6.75 3313 /8913.41 18074.73 309.37 RADIUS, 55.00 LENGTH, 58. 2 8 CHORD, 55 .59 DELTA: 60°42 1 44 11 CHORD ERG: S 05°55'57 11 W PC-R: S 53°42'41'1 E PT-R: N 65°34'35'' E RADIUS POINT, 3128 78880.86,18119.06 T~~GENT, 32.21 3306 78858.~2 18068.98 367.65 Closure Error Distance> 0.0051 Error Bearing> N 65°57 1 07'1 w Closure Precision> 1 iL 72471.3 Totctl Distance> 367.65 LOT AREA, 7204 SQ FT OR 0.1654 ACRES LOT 13 OF BLOCK 1, C:Y!?E: ~0-:' PNT# BEARING D TS T.llliCE .}.]0.K~hll'TG EASTING STATION 3311 ?89..:J, 1 . .. o~ 18080.52 0.00 s 32°23'2.6" E 16. 95 3312 7892:. 30 18089.60 16.95 RA.CIUS: 55.00 LENGT:I: 20.47 c:~ORD: 20.35 DELTA: 21°19 1 25 11 CHORD BRG: S 46°57 1 01 11 W PC-R: S 3.2°:::3 1 16 1! E PT-R: S 53°42 1 41 11 E RADIUS PO=NT, 3128 78880.86,18L9.06 TANGENT, 10.35 3313 78913.,1 18074.73 37.42 N 32°23'16" w 3 314 N ssoo2144rr w 3 315 N 00°23'58 11 E 3308 s 88°02 r44n E 3307 s 01°55 1 57" w 3311 Closure Error Distance> Closure Precision> 1 i:i LOT AREA, 8515 SQ FT OR 6.75 121.64 64.00 131. 99 41.J..6 75919.11 78923.25 78987 .25 78982.75 78941.61 18071.11 17949.S5 17949.99 18081.91 18080.52 0.0066 Errc~ 3eaYing> S 52°47'42 11 E 61199.3 Total Distance> 402.96 0.1955 ACRES 44 .16 165.80 229.80 361. 80 402.96 LOT 14 PNT# BEAR!NG OF BLOCK 1, TYPE: :_JOT DISTA..1\JCE NOET:-t-:-1'-~C 3307 3308 3309 3310 N 88°02 '44 11 W N 00°23 '58 11 E S 88°04 1 40" E s 01°55 1 57 11 w 131.99 78957 .:2:S 6~.66 79048.9~ 133.64 61. 71 EASTING 18C81.91 17949.99 17950.42 18083.99 STATION 0.00 131.99 193.65 327.30 3307 7598:.75 18081.91 389.01 Closure Error ~istance> 0.0025 Error Eeari~g> S 10°38 1 31 11 W Closure Precision> 1 in 156678.8 Total D~s:ance> 389.01 LOT A.."l.EA, 8192 SQ FT OR 0.1881 ACRES Lot Report 9/27/06 16,09 Lot File, P, \2001 \01019\CARLSON\LOT ~:LES \?LAT Mll.P CHECKS. LOT CRD :'i'ile> ?,\2001\01019\CARLSON\01019.cra LOT 15 OF SLOCK 1, TYPE, LOT PNT# BEARING DIS~ANCE NCR~H=~G EASTING STATION 3149 789'.::8.51 18146.52 0.00 RADIUS, 55.00 LENGTH, 59.84 CHORD, 56.93 DELTA, 62°20'13" CHORD BRG: S 8 8 ° 4 6 1 5 0 11 W PC-R: S 2 9 :J 5 6 1 3 7 11 W PT-R: S 3 2 ° 2 3 1 16 n E RADIUS POINT, 3128 78880.86,18119.06 TANGENT, 33.27 3312 N 3202311511 w 3311 N 01°55 1 57 11 E 3310 s 88°04 1 40 11 E 3150 s 01°55'57 1' w 3149 Closure Error Distance> Closure Precision> 1 in LOT AREA, 7299 SQ FT OR 78927.30 18089.60 59.84 16.95 7894:.o_ 102.87 79044_,;3 66.40 ;90.:+2.:o 113 .75 18080.52 18083.99 18150. 35 76.79 179.66 2~6.06 78928.51 18146.52 359.82 0.0107 Error Bearing> S 01°17 1 43 11 E 33723.1 Total Distance> 359.82 0.1676 ACRES Lot Report 9/27/06 16,12 Lot F:le, P,\2001\01019\CARLSON\Lo~ TLES\PLAT MAP CHECKS.LOT CRD F:.le> LOT 16 PNT# BEARING P,\2001\01019\CARLSON\01019.crc OF BLOCK 1, TYPE, LOT DISTANCE N8P.T'.-ENG 3145 78903.95 N 88°04'03 11 W 24.20 EASTING 18205.72 STATION 0.00 3146 :'890.J.?6 18181.54 24.20 RADIUS, 25.00 LENGTH, 21.99 C:!OP.cl, 21.29 DELTA, 50°23'40" CHORD ERG: N 62°52'13 11 W PC-R: \I J1°55;57r1 E PT-R: N 52°19 1 37n E RI\DIUS POINT, 3:47 78929.75,18182.38 TANGENT, 11.76 3148 7891.J.47 18162.59 46.19 RADIUS, 55. 00 LENGTH, 21. 48 CHOP.I;, 21. 34 DELTA, 22 °22 '40" CHORD BRG : N 4 8 ° 51 1 4 3 11 W PC -R : S 5 2 ? 19 ' 3 7 11 W PT-R : S 2 9 ° 5 6 1 5 7 11 W RADIUS POINT, 3128 78880.86,18119.06 TANGENT, 10.88 3149 78928.51 18146.52 67.67 3150 3151 3145 N 01°55 1 57 11 E s 88°04 '40" 3 S Olc55'57 11 W 113.75 60.00 136. 32 79042.20 79040.19 78503.95 18150.35 18210.32 18205.72 Closure Er~or Distance> 0.0062 Error Bearing> N 03°55 1 12 11 E Closure Precision> l in 60681.8 Total ~istance> 377.74 LOT AP.EA, 7849 SQ FT OR 0.1802 AC~~S 181.42 241.42 377. 74 LOT 17 OF BLOCK 1, TYPE, LCT PNT# BEARING DIS':'ANCE NCR---='H:::?,TG EASTING STATION 3152 "7296'?. :•:i 18331.26 0.00 ::f 88°04 1 03 11 w 123.25 3144 789"':3.91 18208.08 123.25 N O 1O55 ' 5 7 11 E 66.32 3151 18210.32 189.57 s 88°04 '4Q!I E 154.47 3153 79CJ5.0:.. 18364.70 344.04 s 31°35'36 11 w 7.85 3154 79C::28.3:2 18360.59 351.89 RADIUS, 376.00 LENGTH, 65.58 C:°CRD, 65.50 DELTA, 09°59'37" CHORD BRG = s 2 6 ° 3 5 I 4 8 II w ?C-R: s 5 a C = c.! r 2 ·± IT E PT-R: s 6 8 ° 2 4 I O 1 11 E RADIUS POINT, 3155 78831.34,18680.86 TANGENT, 32.87 3152 78969.E 18331.26 417.47 Closure Error Distance> 0.0029 Error Bearing> s 51°33 1 14'' w Closure Precision> 1 in 142129.7 To~al ~lstance> 417.47 LOT AREA, 9126 SQ FT OR 0.2095 ACRES LOT 18 OF BLOCK I, TYPE, ~CT Fe/Ti/ BEARING DISTANCE NORTHING EASTING STATION 3156 789IO.I7 18315.50 0.00 RJl..DIUS: 25.00 ::.,:sNGTH: 34.15 CHO?.D: 31.56 DELTA: 78°16'00'' CHORD BRG: S 52°47'57 11 W PC-R: l< 76~20'03'' W PT-R: N 01°55 1 57 11 E RADIUS POINT, 3157 78926.08,18291.21 Ti\.c~GENT, 20.34 3158 7890I.09 18290.37 34.:S 3145 3144 N88°D4'03 11 W S88°04'03 11 E 84.69 70.00 12 3 . 2 5 789C3. 9.~ 78973.9: 18205.72 18208.08 118.84 188.84 3152 78969.75 18331.26 312.09 RADIUS, 376.00 LENGTH, 52.07 C"OR:J, 52.02 DELTA, 07°56'02" CHORD BRG; S 17°37'58 11 W PC-R: S 68°24 1 01 11 E PT-R: S 76°20'03 11 E RADIUS POIN~, 3155 78831.34,18680.86 TANGENT, 26.07 3156 7S920.l7 18315.50 364.16 Closure Error Distance> 0.0036 Error Bearing> s 49°17 1 10 11 W Closure Precision> 1 in 99898.2 Total Cis~ance> 364.16 LOT AREA, 7840 SQ FT OR 0.1800 ACRES Lot Report 2/5/07 09, 13 Lot File, P,\2001\01019\CARLSON\LOT FILES\PLAT MAP CHECKS.LOT CRD File> LOT 19 PNT# BEARING P,\2001\01019\CARLSON\01019.crd OF BLOCK 1, TYPE, LOT DISTANCE NORTHTNG 78894.23 3159 EASTING 18504 .13 STATION 0.00 RADIUS, 637.00 LENGTH, 21.01 CHORD, 21.01 DELTA, 01°53'23" CHORD ERG: N 89°00 1 45 11 W PC-R: N 00°02'33 11 E PT-R: N 01°55 1 57 11 E RADIUS POINT, 3160 79531.23,18504.60 TANGENT, 10.51 3161 78894.59 18483.12 21.01 98. 29 3162 78897.90 18384.89 119.30 RADIUS, 25.00 LENGTH, 45.95 CHORD, 39.75 DELTA, 105°18'06" CHORD BRG: N 35°25 1 00 11 W PC-R: N 01°55 1 57 1' E PT-R: S 72°45 1 57 11 E RADIUS POINT, 3163 78922.89,18385.73 TANGENT, 32.76 3164 78930.30 18361.85 165.24 RADIUS, 334.00 LENGTH, 40.58 CHORD, 40.56 DELTA, 06°57'43" CHORD BRG: N 20°42 1 55 11 E PC-R: S 72°45'57 11 E PT-R: S 65°48 1 14" E RADIUS POINT, 3155 78831.34,18680.86 TANGENT, 20.32 3165 78968.23 18376.20 205.83 S 88°13 1 17 11 E 25041 s 01°55 1 57 11 w 130.35 70.00 78964. 19 18506.49 336.18 3159 78894.23 18504.13 406.18 Closure Error Distance> 0.0044 Error Bearing> s 45°04 1 59 11 E Closure Precision> 1 in 92229.4 Total Distance> 406.18 LOT AREA, 9716 SQ FT OR 0.2231 ACRES LOT 20 PNT# BEARING 25041 OF BLOCK 1, TYPE: LOT DISTANCE NORTHING 78964.19 N 88°13'17 11 W 130.35 EASTING 18506.49 STATION 0.00 3165 78968.23 18376.20 130.35 RADIUS: 334.00 LENGTH: 43.12 CHORD: 43.09 DELTA: 07°23'50" CHORD BRG: N 27°53 1 41 11 E PC-R: S 6sc49•14 11 E PT-R: S 58°24'24" E RADIUS POINT: 3155 78831.34,18680.86 TA-~GENT: 21.59 3167 79006.32 18396.36 173.47 3168 3169 N 31°35 1 36 1' E S 88°04 1 40 11 E s 01°55 1 57 11 w 31. 78 95.76 66.03 79033.39 79030.;7 18413.01 18508.71 205.25 3 01. 01 25041 78964.19 18506.49 367.03 Closure Error Distance> 0.0057 Error Bearing> N 09°39'26'1 W Closure Precision> 1 in 64474.B Total Distance> 367.03 LOT AREA: 7544 SQ FT OR 0.1732 ACRES :aoT 21 OF BLOCK 1, TYPE, :..en ?NT# BEARING DIS'::ANCE NORTEDTG EASTING STA".'ION 32.77 78896.56 2.8564.24 0.00 RADIUS, 1621.00 LENGTH, 20.60 CHOR'l, 20.60 DELTA, 00°43 '41" CHOR:) BRG: S 86°50 1 52" W PC-?.: S 02c-1-:•17 11 E PT-?.: S 03°30'59 11 E RAD:us POINT: 3178 77277.481186-l:3.09 T~,.NGENT: 10.30 3279 78895.~3 18543.67 20.60 RADIUS, 637.00 LENGTH, 39.57 CEOPD, 39.56 uELTA, 03°33 '32" CHORD ERG : s 8 8 °: 3 I 4 7 11 w PC -R : N O 3 C 3 0 I 5 9 II w PT-R : N O O O O 2 I 3 3 II E RADIUS POIN'::, 3160 79531.23,18504.60 ".'~.NGENT, 19.79 3159 i 8 8 94 . 2 3 18504.13 60. l 7 N 01°55 1 57" E 136.03 3169 79030. 17 18508.71 196 .19 s 88°04 '40 11 E 60.00 3278 79028. 15 18568.68 256.19 s 01°55 '5 7 ,, w 131. 68 3277 7 8 8 96. 56 18564.24 387.87 Closl:..re Error Distance> 0.0038 Error Bearing> s 36°19 1 27" w Closure Precision> 1 in 101063.7 To:.al D_i_stance> 387.87 LOT AREA, 8049 SQ FT OR 0. :..848 _l,CRES LOT 22 PNT# 3EARING OF BLOCK 1, TYPE: LC~ DISTANCE :,,JCRTHlNG EASTING STATION 3275 78898.5--:' 18624.33 0.00 RAD:US: 1621.C:O LENGTH: 60.13 C:SOR.=i: 60.12 I.::ELTA: 02°07'3·1'1 CHORD BRG: S 88°16'28'1 W PC-R: .S ooc39'--!:6" E PT-R.: S 02°47'17 11 Z R.n.DITJS :?O!NT: 3178 77277.48,18643.09 TAl.-.JGENT: 30.07 3277 78896.56 18564.24 60.13 3278 3276 N 01°55 '57 1' E S 88°04'40" E s 01°55'57" w 131.68 60.00 127. 85 79C28.16 18568.68 191.81 790::6 .15 18628.65 251.81 3275 78898.37 18624.33 379.66 Closure Error Distance> 0.0056 Erro~ Bea~i~g> S 28°22'44'1 W Closure Precision> 1 in 67961.8 Tota~ ~~stance> 379.66 LOT AREA, 7775 SQ FT OR 0.1785 ACRES LOT 23 OF BLOCK 1, TYPE, ~CT PNT# BE-1>...~ING DISTANCE ~02T~ING EASTING STATION 3273 78897.93 18684.35 0.00 RADIUS: 162:...oo LENGTH: 60.02 CHO~D: 60.02 DELTA; c2°07 1 J_8 11 CHORD ERG: N 89°36 ! 07 11 W PC-R: S 01 8 27 1 ~2 11 W PT-R: S 00°39 1 46 1' .c, =rus POD!T, 3178 77277.48,18643.09 ~i'_NGENT, 30.02 3275 78898.37 :8624.33 60.02 N 01°55' 57'' E 3276 S 88°04 1 40 11 E 3274 s Q 1O55 I 5 7 IT W 12 7. 85 60.00 12 6. 26 79024. l---l 18628.65 18688.61 187.88 247.88 3273 78897.95 18684.35 374.14 Closure Error Distance> 0.0066 Erroc Beari2g> N 11°20 1 54 11 W C~osure Precision> l in 56479.9 Total Cista~ce> 374.14 LOT AREA, 7612 SQ FT OR 0.1748 ACRES Lot Report 9/28/06 11'34 Lot F lle, P, \2001 \ 01019\CARLSON\LO"' F LES \?LAT MAP CHECKS. LOT CRD File> P,\2001\01019\CARLSON\01019.crd LOT 24 O? BLOCK 1, TYPE, LO"'.' PNT# BEARING DISTANCE NOR'LiING 3271 7889S .31 C:1'.S~ING 18744.30 STATION 0.00 RADIUS, 1621.00 LENGTH, 60.01 C'-IORD, 60.00 DELTA, 02°07'15" CHORD BRG: N 87°29r51 1• W PC-R: S 03°34'47'1 W PT-~: S 01°27'32 11 W RADIUS POINT, 3178 77277.48,18643.09 TANGENT, 30.01 3273 78897.95 18684.35 60.01 N 01°55 1 57" E 3274 S 88°04'40 11 E 3272 s 01°55' 57'1 w 17.6.26 60.00 12 6 . 8 8 7 902.::,,. l'i 79022.12 18688.61 18748.58 186.26 24 6. 2 6 3271 78895.31 18744.30 373.15 Closure Error Distance> 0.0060 Error Bea~ing> S 33°32'50'' W Closure Precision> 1 in 62209.8 Total Distance> 373.15 LOT AREA, 7583 SQ FT OR O .1741 ACRES LOT 25 PN'!'# BEARING 3269 OF BLOCK 1, TYPE, ~C':' DISTANCE NORTEING 78390.45 Ell.STING 18804.17 ST.'HION 0.00 R/:1.DIUS, 1621.00 LENGTH, 60.07 CEOR:J, 60.07 DELTA, 02°07'24" CHORD BRG; N 85°21 1 31 11 W PC-R: S cs:i,;::::1 11n W PT-R: S 03°34'47 11 W RA.DIUS POINT, 3178 77277.48,186"3.09 TANGENT, 30.04 3271 78895. 3 ~ 18744.30 60.07 N 01°55'57" E 126.88 3272 79022. :2 18748.58 186.95 S 88°04 '40 11 E 60.00 3270 79020.11 18808.54 246.95 s o::..0 ss 1 57 11 w 129. 73 78890 .4'.) 18804.17 3269 376.69 Closure Error Distance> 0.0029 Error Bearing> N 87°05'18'' E Closure Precision>: in 130506.3 Tc~a~ D~s~ance> 376.69 LOT AREA, 7687 SQ FT OR 0.1765 ACRES LOT 26 OF BLOCK 1 1 TYPE: ~O~ PNT# BEARING DISTANCE NORTH::--JC EASTI:.'JG STATION 3266 "8833.5.; 18863.97 0.00 RADI'JS: 637.00 LENGTH: 12.72 CHORD: 12.72 DELTA: 01°08 1 40 11 CEORD BRG: N 83°11 1 28]! W PC-R: :N C6::1--±·::_2 11 E PT-R: N 07°22'52" E RADI:JS POINT, 3109 79516.77,18933.:7 T.i'\.NGENT, 6.36 3268 78385.0-! 18851.34 12.72 RADIUS: 1621.00 LENGTH: 47.48 C.::EOR.C: 47.48 D3LTA: 01:,40 1 4:-_n CHORD BRG: N 93c27 1 28 11 W PC-R: S C7·)=2 S2 11 W PT-R: S 05:,42 1 11 11 W RADIUS POINT, 3178 77277.48,18643.09 T.'u,GENT, 23.74 3269 78890.~c 18804.17 60.20 3270 3267 3266 N 01°55'57" E S 88a04 1 40 11 E s o:.0 55'57" w 129.73 60.00 134. 64 7902-8.-18 "78883.5'-± 18808.54 18868.51 18863.97 Closure Error Cistance> 0.0021 Error 3ear~~g> N 12°07'27 1' E Closure PrecisioL> 1 in 181881.5 Tota~ Distance> 384.57 LOT AREA, 7925 SQ ?TOR 0.1819 ACR3S 189.93 249.93 384.57 Lot Report 9/28/06 11'36 Lot File, P,\2001\01019\CARLSON\LO':: ,=LES\?LAT MAP CHECKS.LOT CRD File> LO'!" 27 P'IT# P, \2001\01019\C.ZI.RLSON\ 010 :9. ccd OF BLOCK 1, TYPE, LO':: BEARING 3172 N 88°04'03'1 •t.J DISTANCE 12 .19 ~C5:T'.-n~c 78879_;-;: EASTING 18923.88 STATION 0.00 3265 78880.13 18911.69 12.19 RADIUS: 637.00 L:2:NGT:I: 47.85 CHORD: 47.84 DELTA: 04°18'15'' CHORD BRG: N 85°54 1 55 1' W PC-R: N 01°55 1 57 11 E PT-R: N 06°14 1 12 11 E RADIUS ?OINT, 3109 79516.77,18933.17 TANGENT, 23.94 3266 78883.54 18863.97 60.04 3267 3173 N 01°55'57 11 E S 88°04 1 40 11 E s 01°55'57" w 134. 64 60.00 136. 45 79018.lC 79Cl6.:J9 18868.51 18928.48 194.69 254.69 3:72 78879.72 18923.88 391.13 Closure Error Distance> 0.0046 Errcr 3ea.r.ing:> N 53°00'52 11 W Closure Precision> 1 in 85467.5 Totai D~stance> 391.13 LOT AREA, 8158 SQ FT OR 0.1873 ACRES LOT 2 8 OF BLOCK 1, TYPE, '.,CT PNT# BEAc'ENG DIST.1\NCE NORTliING EASTING STAT=ON 3170 ';'8876.6::: 18983.81 0.00 R)\DIUS: 76.00 :::...C:NGTH: 12.72 CHORD: 12.70 DELTA: 09°35'20 11 CHORD ERG: N 83°16'23 11 W PC-R: S :_1.:-31 '17 1' W PT-R: S Ol::>55 1 57 11 W RAD=us PO=NT, 3112 78802.16,18968.63 T.~NGE"1T, 6.37 3171 78878.12 18971.19 12. 72 N 3300410311 w 47.34 31 72 7 8 8/ 9 .7J 18923.88 60.06 N 01°55'57" E 13 6. 4 5 3l73 790-'..6. 09 18928.48 196.51 s 88°04 '40 11 E 60.00 3174 7901-l.07 18988.44 256.51 s 01°55'57 1' w 137.52 3170 --:;'8 8 6.63 18983.81 394.03 Closure Srror Distance> 0.0050 Error 3ear·ng> s 65°05'58" w Closu:::-e Precision> 1 in 79247.7 Tota::.. Distance> 3 94. 0 3 LOT AcC/.EA, 8192 SQ FT OR 0.1881 ACRES LO':' 29 ?NT# BE.I\RING 4602 OF BLOCK 1, TYPE, '_OT DISTANCE ~C2THING 7888...J,. 61 37,98 EASTING '_9047.33 STATION 0.00 3175 "78857.14 19021.10 37.98 RA..I)IUS: 76.00 :..,ENGTH: 42.64 CHORD: 42.08 DELTA: 32°08 1 47 11 CHORD ERG: N 62°24 1 20 11 W PC-R: S ·13°40'0f'' W PT-R: S 11°31'17'' W RADicS PCINT, 3112 78802.16,18968.63 TA._~GENT, 21.90 3170 N 01°55 1 57" E 3174 S 88°04'40'1 E s 00°29'09 11 w 4602 13 7. 52 60.00 127. 45 78876.63 19G 14. C'/ 790~:2. 06 78884.6 18983.81 18988.44 19048. 41 19047.33 Closure 3rror Distance> 0.0060 Error 3eaY ng> S 64°01'45 1' W Closure Precision> 1 in 67411.1 Tota~ Dis ance> 405.60 LOT AREA, 8854 SQ FT OR 0.2032 ACRES 80.62 218. 14 278.14 405.60 Lot Report 9/28/06 L,40 Lot ?ile, P,\2001\01019\CARLSON\LOT F~~ES··.PLAT MAP CHECKS.LOT CRD File> LOT 30 PNT# BEARING P,\200l\01019\CARLSON\010l9.crd OF SLOCK 1, TYPE, LOT DISTAi'ICE NOR 7 HcNG 3106 3107 3108 N 88°06'39n W N 01°57'16 11 E 78765.--l:"t 12 8. 27 78769.67 70.50 78840.13 EASTING 19002.32 18874. 11 18876.52 STATION 0.00 128.27 198.78 RADIUS: 679.00 LENGTH: 33.82 C--IORD: 33.82 DELTA: 02°51'14" CHORD BRG : S 8 6 ° 3 8 1 2 6 rr E PC-R : N O 4 :>-± 7 ' -:_ 1" E PT-R : N C 1°55 1 5 7 11 E RADIUS POINT: 3109 79516.77,18933.:7 TANGENT: 16.91 3110 78838.15 18910.28 232.60 S 88°04'03 11 E 59. 53 31:2.l 78836.14 18969.77 292.13 RADIUS, 34.00 LENGTH, 52.55 CHORD, 47.47 DELTA, 88°33'14" CHORD BRG: s 43°47 r 26 11 E PC-R: s :J1°55 I 57 11 w PT-R: N 89°30 r 49 11 w RADIUS POINT, 3112 78802.16,18968.63 TANGENT, 33.15 3113 788Cl.83 19002.63 344.68 s 00°29' 11 11 w 36.44 3 2. 0 6 78765.44 19002.32 Closure Error Distance> 0.0039 Error Bearing> s 56°18'50'' w Closure Precision> 1 in 96924.3 Tcta1 Dis=ance> 381.11 LOT AREA, 8643 SQ FT OR O .1984 ACREE 381. 11 LOT 31 OF BLOCK 1, TYPE, LOT PNT# BEARING DISTANCE NORTHDiG EASTING STAT=ON 3215 73698.64 19001.75 0.00 ]\ 88°02 '44'' ',j 129.98 312 0 78':03.08 18871.84 12 9. 98 N 01°57'16 11 E 66.63 3107 7gr;:55_ S7 18874 .11 196. 62 s 88°06'39 11 E 128.27 3106 :· 8: 6.:::. H 19002.32 324.89 s 0002911111 w 66.SC 3215 78698. 6..;, 19001.75 391.69 Closure Error Distance> 0.0023 Errc:r :aear.:..:ig> N 3200.:::,,11911 w Closure Precision> 1 in 167824 .8 "."o~a.l r:::.:..stance> 3 91. 6 9 LOT AREA, 8614 SQ FT OR 0.1977 ACRES Lot Report 9/28/06 11, 44 Lot File, P,\2001\01819\CARLSON\LOT PILES\PLA'=' MAP CHECKS.LOT CRD '?ile> P,\2001\01019\CARLSON\01019.cocd LOT 32 OF BLOCK 1, TYPE, LOT PNT# BEA..~ING DIST.ANCE KCET~-II:'1G 3120 --;s--;02 .. :::s N 88°02'44'1 W 312. 9 N 01°57 1 16 11 n 60.00 141.86 78/05. 12. EASTING 18871.84 18811.87 STJ\.TION 0.00 60.00 3177 78846.90 18816.71 201.86 RADIUS, 1579.00 LENGTH, 29.44 CHORD, 29.44 DELTA, 01'04'05" C~ORD BRG: S 83°09'11 11 E PC-R: S 86cl8 1 -±7 11 W PT-R: S 07°22 1 52 11 W RJI.DIUS POINT, 3178 77277.48,186L3.09 Tlc.VGENT, 14.72 3179 78843.39 18845.94 231.30 RADIUS, 679.00 LENGTH, 30.75 CHO?.D, 30.75 DELTA, 02°35'41" CHORD BRG: S 83°54 1 58" E PC-R: N 07°22'32" E PT-R: N 04°47 1 11 11 E RADIUS POINT, 3109 79516.77,18933.17 U\NGENT, 15.38 32.08 78840.13 18876.52 262.05 s 01°57'16 11 w 137.13 312 0 78703.08 18871.84 Closure Error Distance> 0.0059 Error Bearing> N 27°30'12 1r W Closure Precision~ 1 in 67586.1 Tota: Dis~ance> 399.19 LOT AREA, 8362 SQ FT OR 0.1920 ACRES 399.19 LOT 33 PNT# BEARING OF BLOCK 1, TYPE c :00'!' DISTJ.\NCE NCR.-l'H::::NG 78705.]::: 3119 N88°02'44"W 3180 N 01°57'16" E 60.00 145.29 /8'""707.l" EASTING 18811.87 18751.91 STATION 0.00 60.00 3181 7885'.::.37 18756.86 205.29 RAIJ:USc 1579.00 LENGTH, 60.10 CEO'iCc 60.10 DELTA, 02°10'51" CHORD BRG : S 8 4 ° 4 6 1 3 9 11 E PC -R : S O 4 c O 7 ' 5 6 11 W PT-~ : S O 6 ° 18 1 4 7 11 W Rl'.Drc:s POINT, 3178 77277.48,18643.09 ·~.O~'JGENTc 30.05 3 J.. 77 '78846.90 18816. 71 s 01°57'16" w 141.86 3119 78705.12 18811. 87 Closure Error Distance> 0.0045 Erro~ Bearing> s 32°21 1 59'' w Closure Precision> 1 in 91110.1 To~al ~istance> 407.25 LOT JI.R3Ac 8626 SQ FT OR 0.1980 ACR3S 265.39 407.25 ::,QT 34 ?NT!/ BEARING 3180 OF BLOCK 1, TYPE: LCT DISTA_1'JCE NC?E-li!·JG 78'707.i: N 8 8 ° C 2 ' 4 4 II w 60.00 146.43 3182 78709.::2 N01°57'16"E 3::._g3 78855. :56 EASTING 18751.91 18691.94 18696.94 STAr;:"ION 0.00 60.00 206.43 RZillIUS: 1579.00 LENG':'H: 60.01 C-~CRD: 60.01 DELT.ZJ,.: 02°10 1 40 11 CEORD BRG: S 86°57'24 11 E PC-R: S 01°57'J_6ir W PT-R: S 04°07 1 56 11 'iJ RADIUS POic!C::, 3178 77277 .48, 186·!3 .09 ~JU.JGENT, 30.01 3c.8l 78857.,. 18756.86 266.44 S 01°57'16TT W 145.29 3180 787C7. 18751. 91 411. 73 Closure Error Distance> 0.0009 Error Bearing> N 66°13'49 11 E Closu~e Precision> 1 in 443247.6 Total Dlstance> 411.73 LOT AREA, 8763 SQ FT OR 0.2012 ACR~S LOT 35 PNT# 3182 3184 3185 OF BEARING N 8 8 ° 0 2 I 4 4 11 w N 01°57'16" ::2: BLOCK 1, TYPE: ::JISTANCS 60.00 145.29 NORTEIKG "78/:J.9 '" "iS:1::_ . .:s 788:J6.16 EASTING 18691.94 18631.98 18636.93 STATION 0.00 60.00 205.29 ?.ADIUS: 1579.00 LENGT:I: 60.01 C}-:CRD: 60.01 DELTA: Q2°1Q 1 4Qr1 CHORD ERG , S 8 9' 0 8 ' 0 4 " E PC -R , S O O c .. '· ' 2 4 " E PT -R , S O 1 '5 7 ' 16 " 1; RAD=us POINT, 3178 77277.48,18643.09 Tl'~\!GENT, 30.01 3183 78855. 55 18696. 94 265. 30 s 01°57' 16" w 146.43 3182 '787:J9. ,--, 18691.94 Closure Error Distance> 0.0009 Error Bearing> S 62°19•17 1r E Closure Precision> 1 in 443247.6 Total ~is~ance> 411.73 LOT AREA, 8763 SQ FT OR 0.2012 AC~~S 411.73 LOT 36 OF BLOCK 1, ':'YPE: ~OT P:liT# EEARDJG D!STJ\NCE l\:CP.TE_NG 3184 7 8'7 ·1 -: . ~ 5 .N 88°02 1 44 11 w 60.00 3186 78'713 . .3; N 01°57 1 16 11 E 141.86 EASTING 18631.98 :8572.01 STATION 0.00 60.00 3187 78835.09 18576.85 201.86 RADIUS: 1579.00 LENGTH: 60.10 C:iO?.::>: 60.10 DELTA: 02'10'51" CHORD BRG: N 88°41'11" E PC~R: S 02,:,2c.!'15 11 E PT-R: S 00°13 1 24 11 E RADI'JS FOINT: 3178 77277.48,18643.09 TA'1GENT: 30.05 3185 788S6.46 18636.93 261.96 s 01°57'16 11 w 145.29 3184 '78711.26 18631.98 Clcsure Erro~ Distance~ 0.0045 Error 3ear~ng> N 28°27 1 27 11 W Closu~e Precision>~ in 91110.l To~al Distance> 407.25 LOT A_~EA: 8626 SQ FT OR 0.1980 ACRSS 407.25 =..ot Repo:!:"t 9/28/06 11,~9 Lot Fil_e, P,\2001\01019\CARLSON\LOT PIL~S\PLAT MAP CHECKS.LOT CRD File> LOT 37 PNT# BEARING P,\2001\01019\CARLSOK\Ol0:9.c:c:i OF BLOCK l, TYPE, LOT DISTANC3 NO?_TH::lG 3186 N 88°02 1 44 11 W 318 8 N 01°57'16" E 3189 60.00 137.06 78713.3:.. 78'715.35 78852.33 EASTING 18572.01 18512.05 18516.72 STATION 0.00 60-00 197.06 RADIUS, 679.00 LENGTH, 29-55 CHORD, 29.54 DELTA, 02°29'35" CHORJ BRG: N 8 7 ° 4 3 1 4 9 11 E PC -R : N O 1 ° 0 1 1 2 3 11 W PT-R : N O 3 ° 3 0 1 5 9 11 W RADIUS POINT, 3160 79531.23,1850-1-60 TANGENT, 14.78 3190 78853-SO 18546.24 226-61 RADIUS, 1579.00 LENGTH, 30.65 Cc!ORD, 30.65 DELTA, 01°06'43" CHORD ERG: N 87°02 1 23 11 E PC-R: S 03°30 1 59 11 E PT-R: S 02°24 1 15 11 E RADIUS POINT, 3178 77277.48,18643-09 ~Ac'IGENT, 15.32 3187 78855 _ 09 18576. 85 257 .26 s 01°57 1 16 11 w 141. 86 3186 18713.31 18572.01 399.12 Closure Error Distance> 0.0034 Error Bearing> s 57°08 1 13 11 E Closure Precision> 1 in 116638.9 To~a: =istance> 399.12 LOT AREA, 8361 SQ FT OR Q_l919 ACRES LOT 38 PNT# BEARING 3l88 OF BLOCK 1, TYPE: -::,CT DISTANCE NORTEI~G --:'87~_.::;. Jj N 88°02 '44" W 60.00 3191 78717 . ...J.C N 01°57 1 :.6 11 E 136.13 3:92 78853.45 s 88°04'03 11 E 24.99 3193 ""78852.6::.. EASENG STATION 185:2.05 0.00 18452.08 60.00 18456.73 196.13 1848:.70 221.12 RADIUS, 679.00 LENGTH, 35.02 CFORD: 35.02 DELTA: 02°57'20'' C50RD ERG: S 89°32'43ri E PC~R: N Cl,:,S.3'57 11 E PT-~: N Ol 0 Q2..'23n W RADIUS POIN':', 3160 79531.23,1850-'.60 T.l\lJGEN'I', 17.52 3189 788S~.33 18516. 72 256.15 s 01°57 I :_5n W 137.06 3188 >8,15.35 18512.05 393.21 Closure Error Distance> 0.0044 Error 3earing> N 29°11'19'' E Closure Precision> 1 in 90067.3 Total o:st~nce> 393.21 LOT AREA, 8179 SQ FT OR 0.1878 ACFSS LOT 39 PNT# BEARING 25042 OF BLOCK 1, TYPE, LOT DISTANCE NORTHING 78783.50 N 87°46 1 17 11 W 109.25 44.45 3195 3196 N 01°57'16 11 E 78787.74 78832.16 EASTING 18454.34 18345.18 18346.69 STATION 0.00 109.25 153.69 RADIUS, 25.00 LENGTH, 39.26 CHORD, 35.35 DELTA, 89°58'41" CHORD ERG: N 46°56'36 11 E PC-R: S 88°02 1 44" E PT-R: S 01°55 1 57 11 W RADIUS POINT, 3197 78831.31,18371.68 TANGENT, 24.99 3198 78856.30 18372.52 192.95 S 88°04' 03 1' E 3192 s 01°57'16 11 w 84. 25 70.00 78853.45 18456.73 277.20 25042 78783.50 18454.34 347.20 Closure Error Distance> 0.0096 Error Bearing> S 49°24 1 49 11 E Closure Precision> 1 in 36240.4 Total Distance> 347.20 LOT AREA, 7482 SQ FT OR 0.1718 ACRES LOT 40 PNT# BEARING 3191 OF BLOCK 1, TYPE, LOT DISTANCE NORTHING 78717.40 3199 3195 25042 N 88°02 '44'1 W N 01°57'16'1 E S 87°46'17'1 E s 01°57 1 16 11 w 109.24 66.66 109.25 66 .13 78721.13 78787.74 78783 .50 EASTING 18452.08 18342.90 18345.18 18454. 34 STATION 0.00 109.24 175.90 285.15 3191 78717.40 18452.08 351.28 Closure Error Distance> 0.0113 Error Bearing> S 52°23'27 11 W Closure Precision> 1 in 30952.1 Total Distarce> 351.28 LOT AREA, 7253 SQ FT OR 0.1665 ACRES LOT 41 PNT# 3EARING 3200 OF BLOCK 1, T~PE, ~CT DISTANCE 2·JO?.~:--:l.\"G --:'86·(=.1~ N 88°C2'44 1f w 109.24 3201 786--,-C. 1 C N 01°57'16 11 E 75.00 3199 78i: ·-. 1 i s 88°02'44" E 109.24 3191 78717 . -±C s 01°57'16" w 75.00 3200 7 86.,i := . 4-! Closure Error Distance> 0.0000 Total D.is':.:ance> 368.49 LOT AREA, 8193 SQ FT OR 0.1881 ACRES EASTING STATION 184f9.53 0.00 183.,0.35 109.24 18342.90 184.24 18452.08 293.49 18449.33 368.49 LOT 42 PNT# 3202 3203 BEARING OF 3LOCK 1, TYPE, DISTANCE N ssco2 '44 11 ;,v 84. 24: 785/t) . .36 EASTDJG 18446.97 18362.77 STATIO:\J 0.00 84.24 RADIUS: 25.00 LENGTH: 39.27 CECED: 35.36 DELTA: 90°00 1 00 11 CHORD 3RG: N 43°02'44 1' W PC-R: N 01°57 1 16 11 E ?T-R: S 88°02 1 44'' E RADIUS POINT, 3204 78595.35,18363.63 ~A.NGENT, 25.00 3205 78596.20 18338.64 N 01°57 1 16" E 50. 00 3201 786~6. :;__ I 18340.35 S 88°02 '44" E 109.24 3200 7864:2 --18449.53 s 01°57 1 16 11 w 75.00 3202 78567 . --+ 9 18446.97 ClosuYe Error Distance> 0.0047 Error Bearing> S 43°02 1 44 1' E Closure Precision> 1 in 76756.7 Tota~ Distance> 357.76 LOT AREA, 8059 SQ FT OR 0.1850 ACRES 123.51 173.51 282.76 357.76 LOT 43 PNT~ BEARING 3206 OF 3LOCK 1, TYPE, LO~ DISTAfJCE ~JO?_':':-IING 78367.28 EASTING 18507.00 STATION 0. C 0 RAD:us, 979.00 LENGTH, 60.04 C'-cCR'J, 60.03 DELTA, 03°30'~9" CHORD BRG: N 8 9 ° 4 8 1 0 9 1t W ?C -R: N O l O 3 3 '3 3 :r W PT-R: N O l O 5 7 1 16 11 E RADIUS PO:NT, 3207 79545.92,18480.36 TM!GENT, 30.03 3202 78567.B :8446.97 60.04 N 01°57 1 16 11 E 3191 S 88°02'44" E 3188 S O l O 5 7 I 16 ll W 3206 ~50.00 7 871 ;- 60.00 78715 148.16 78567 . ,1 0 J.8452.08 -C ·"-18512.05 .28 18507. 00 Closure E~ror Distance> 0.0018 ErroY 3earing> N 76°:6 1 23 11 E Closure PYecision> 1 in 226347.2 Total tiscance> 418.20 ~OT AREA, 8963 SQ FT OR 0.2058 ACRES 210.04 270.04 418.20 Lot Repor~ 9/28/06 ll,54 Lot File, P,\2001\01019\CARLSON\Lc= ~=L2S'·PLAT MAP CHECKS.LOT CRD File> LOT 44 PNT# P,\2001\01019\CARLSON\01019.crd OF BLOCK 1, TYPE, '"O'c DIS':'ANCS NORTHIKG EAST=NG STATION 3208 78570.n 18567.15 o.oo RADIUS: 1021.00 LENGTH: 2.54 C-IORD: 2.54 DELTA: 00°08 1 33 11 CHORD BRG: S 85°08'01 11 W PC-R: S 04°47'43 1' E PT-R: S 04°56 1 16'' E RADIUS POINT, 3117 77553.34,18652.SO TANGENT, 1.27 3209 78S70.55 18564.62 2.54 RADIUS, 979.00 LENGTH, 57.73 CHO,rn, 57.72 DELTA, 03°22'43" CHORD ERG; s 86:)45 1 05" w PC-R: {,J o,;:is6 1 l6 11 w PT-R: N 01°33'33 11 w RADIUS POINT, 3207 79545.92,18480.36 TANGENT, 28.87 3206 78567.28 18507.00 60.26 3188 3186 K" 01°57'16 11 E S 88°02 1 44n E s 01°57'16 11 w 148.16 60.00 142.62 78715.J:S 78713.31 18512.05 18572.01 208.42 268.42 3208 78570.77 18567.15 411.05 Closure Error Distance> 0.0058 Error Beari.:-ig> S 44°40'45" E Closure Precision> 1 in 71296.2 Tota] Dis~ance> 411.05 LOT AREA, 8742 SQ FT OR 0.2007 ACR~S ~OT 45 OF BLOCK 1, ?YPE: ~CT PNT~ BEARING DISTA.i'\JCE NOR~2:.=.~-.JG EASTING STATION 3210 ,857,.rn 18627.30 o.oo RADIUS; 1021.00 LENGTH: 60.24 CEC.RD: 60.23 DELTA: 03°22'51 11 CHORD ERG: S 86°53 1 42" W PC-R: S 01·:2~''32 11 E PT-R: S 04°47 1 43" E RADIUS POD!T, 3117 77553. 34, 186.iJ. 50 T.'u\/GENT, 30 .13 3208 3186 S 88°02 1 44 11 E 3184 s 01°57 1 16 11 'Ii 142.62 60.00 137.31 78570.'---;' 78?13.31 78711.~6 18567.15 18572.01 18631.98 60.24 202.87 262.87 3210 78374.03 18627.30 400.18 Closure Error Distance> 0.0050 Error Bear~~g> N 68°43'10 11 W Closure Precision> 1 in 80830.4 Tota· D~stance> 400.18 LOT AREA, 8380 SQ FT OR O .1924 ACRES LOT 4 6 OF BLOCK 1, TYPE: ~,O':' PNT# 3EARING D:::STP.NCE NOR'":'~TNC EAS':'ING STATTON 3211 725~3.75 18687.32 0.00 RADIUS, 1021.00 LENGTH: 60.03 C'.~CRL: 60.03 DELTA, 03°22'08" CHORD ERG : N 8 9 C 4 3 I 4 8 Tl w ?C -R : s :::: 1::, s 7 I .l 5 11 w PT -R : s O 1°24 t 5 2 II E RADIUS POINT, 3117 77553.34,18652.50 TANGENT, 30.03 3210 7857"1:. 03 2.8627.30 60.03 N 01°57 1 16 11 E 13 7. 31 3184 '/3'711.26 18631. 98 197.35 s 88°02 1 44 11 E 60.00 3182 78709.:22 18691.94 257.35 s Q 1O57 ! :. 6 IT w 135.55 321l 78573.75 18687.32 392.89 Closure Error Distance> 0.0061 Errcr Be3.r.i.ng> N 43°32 1 46n E Clos1.ire Precis:..on> 1 in 64244.1 Tota~ ::i:sta.nce> 392.89 LOT AREA, 8168 SQ FT OR 0.1875 ACRES ;_,oT 4 7 OF BLOCK 1, TYPE: ~O':' PNT# BEA..,ING DISTANCE NOR':''lING EASTI:-JG STA'!'ION 3212 78569.9~ 18747.23 0.00 RADIUS: 1021.00 LENGT'l: 60.03 CHORD: 60.03 DELTP,: 03'22'08" CHORD BRG: N 86°2:1 40 11 W PC-R: S 8S::19'24" 'I.' PT-R: S 01°57'16n W RADIUS POINT: 3117 77553.34,18652.SC TANGENT: 30.03 3211 78573.7"5 18687. 32 60.03 N 01°57'::..6ir E 135.55 3182 73703.22 18691.94 195.58 s 88°C2 '44 11 E 6C.OC 3180 78707. ·17 18751.9:C. 255.58 s 0105711511 w 137.31 3212 78569.9..J: 18747.23 392.89 Closure Er::::-or Distance> 0.0061 Error Bea.:::.-ing> s 39°38'14'' E Closure Precision;, 1 in 64244.1 Total Dis-cance> 392.89 LOT AREA: 8168 SQ FT OR 0.1875 ACRES LOT 4 8 OF BLOCK 1, TYPE , :DT PNTi/ BEARING DISTANCE NORTH:NC EASTING STATION 3118 7856:2.'.:8 :8807.01 0.00 RAD:Z:US: 1021.00 LENGTH: 60.24 CHCED: 60.23 DELTP..: JJ~22 1 s1 11 CHORD BRG: N 82°59 1 11" W PC-R: S J8°42 1 lS 11 W "?':'-R: S osc19 1 24 11 W RADIUS POINT, 3117 77553.34,18602.SO T.s.NGENT, 30.13 3212 78569. 9.; 18747.23 60.24 N 01°57 1 16 11 E 137.31 3180 78707. ' ' 18751.91 197.56 s ssoo214:411 E 60.CO 3119 78705. 11 18811.87 257.56 s 0103711511 w 142.62 3118 78562.58 18807.01 400.18 Closu:::-e Error Distance> 0.0048 Er1or 3ea.r.=--ng> s 7 5 ° 4 6 ! 4 7 11 w Closu:::-e Precision> ~ in 82722.6 Tc-:;::al Di3tance> 400.18 LOT A.'I.EA, 8380 SQ FT OR 0.1924 ACRES LO'.:' 49 Vil'.:'# BEARING O? BLOCK 1, '.:'YPE, LOT DIST-1\NCE liC'IT'-E'.'iG EASTING ST}UION 3114 -:'E!SSS.00 J..8866.79 C.00 RADIUS, 979.00 LENGTH, 57.73 CHORD, 57.72 DELTA, 03°22'42" C30RD BRG: N 82°50 1 34 11 W PC-R: K os=23'05" 3 PT-R: ~ 08°50'47 11 E RADIUS POINT, 3115 79529.55,1896C.08 CF.KGENT, 28.87 3116 "73562.:_9 18809.52 57.73 RADIUS, 1021.00 LENGTH, 2.54 CEOR0, 2.54 D:C:LTA, 00°08'33" C30RD ERG: N 81°:3'29 11 W PC-R: S 08°50'471( W PT-R: S 08°42 1 15 11 W RADIUS POINT, 31:7 77553.34,18652.50 cANGENT, 1.27 3118 60.26 78562.38 18807.01 N 01°57 1 16" E 14 2. 62 3119 7870S.~L2 18811.87 S 88°02 1 44n E 60.00 78703.JS 18871. 84 s 01°57 1 16 11 w 148.16 3114 78555. 00 18866.79 Closure Error Distance> C.0060 Error BeaYing> N 46°48 1 47 11 E c:osure P~ecision> 1 in 68759.8 Tota~ Distance> 411.05 LOT AREA, 8742 SQ FT OR 0.2007 ACRES 202.89 262.89 411.05 LOT 50 PNT# BEARING 3213 OF BLOCK l, TYPE: LO':' DIS':'JUJCE NOR':'BI:NG "78623.61 N 88°02 '44" TN 3214 N 01°57 1 :6 11 E 3120 s 88°02 '44 11 E 3 215 s 00°29'11 11 w 3213 131. 91 75.00 129.98 75.02 78698.b-l- 78623.62 EASTING 19001.11 c8869.28 18871.84 19001.75 19001. 11 Closure Error Distance> Closure Precision> 1 in 0.0093 Error Bea~i~g> S 58°04'15'' E 44504.5 To::.aJ Distance> 411.92 LOT AREA, 9821 SQ FT OR 0.2255 ACRES STATTON 0.00 131.91 206.91 336.89 4~1.92 Let Report 9/28/06 11, 59 Lot Fi~e, P,\2001\01019\CARLSON\LOT ?I~ES\PLAT MAP CHECKS.LOT CRD LOT 51 PNT# 3216 P,\2001\01019\CARLSON\0:019.crd OF B.'.aOCK : , TYPE, Lo·: BEARING DISTANCE NOR'r'ENG 78583 .-1:8 EASTING 19000. 77 STATION 0.00 RAD:i::US: 34.00 LENGTH: 54.28 CEORD: 48.70 DELTA: 91°28 1 05" CHORD BRG: S 46°13 1 13'' W PC-R: N 89°30'49 11 W PT-R: N 01°57'16'1 E RADIUS POINT: 3217 78583.77,:8966.71 ~ANGENT: 34.88 3218 785.:.J:9.79 J..8965.61 54.28 N 88°02 1 44" W 3 8. 95 3219 785:)::'...:J 18926.69 93.22 RADIUS, 979.00 LENGT:c-;, 60.04 C'":ORD, 60.03 DELTA, 03°30'50" CHORD ERG, N 86°17'19" W PC-R, N Cl'57'16" E PT-R, N 05°28'05" E RADIUS POINT, 3115 79529.55,1896C.08 TP.NGENT, 30.03 3:14 78555.00 18866.79 153.26 3214 3213 N 01°57 1 16" E S 88°02 1 44 11 E s 00°29 1 11" w 73.16 131.91 40 .14 78628.1:2 786::23.62 7858] .-::8 18869.28 19001.11 19000.77 Closure Error Distance> 0.0055 Error BeaYing> N 83°12'12 11 E Closure Precision> 1 in 72367.l Total ~~stance> 398.47 LOT AREA, 9665 SQ FT OR 0.2219 ACRES 226.42 358.33 398.47 I,OT 52 PNT# BEARlNG 3220 OF BLOCK 1, TYPE, LOT :JISTANCE cJOC/THING 7863:::: . ...J.: N 8 8 ° 0 2 ' 4: 4 11 'fl/ 3221 N 00°29' 11 11 E 3222 S 88°:J2 1 0l 11 E 4632 s a o O 2 9 ' 11 11 w 140.00 60.05 140.00 60.02 78637.l:;, ""78697.2-:: 78692.J;_j EAST=NG 19183.14 19043.23 19043.74 19183.63 STA"!'ION 0.00 14 0. 00 2 0 0 . 04 34 0. 04 3220 78632. -±2 19183, 14 4:00. 06 Closure Error Distance> 0.0011 Er:::-or 3earing> s 41°51 1 20 11 E Closure Precision> 1 in 358913.1 Tocal D~stance> 400.06 LOT AREA, 8402 SQ FT OR 0.1929 itCRES LOT 53 PNT# 3223 3224 OF ELOCK 1, TYPE: BEARING DIST.Z\...'!CE ~ 88°02 1 44" w 140.23 :..CT ~.;-CRTEI~G 78S72.40 785:'7.J..8 EASTING 19182.64 19042.49 S'::ATION 0.00 140.23 R..ZUHUS: 76. 00 LENGTH: 5. 95 CHORD: 5. 95 DELTP._; 04 °29 1 06" CEORD ERG: N 02°43 1 44'1 E PC-R: N 35:::0:'cl:3 11 W P'3:'-R: N 89°30 1 49 11 W RADIUS POINT: 3217 78583.77,18966.7 7 T.Zl,NGENT: 2.98 3225 78583 .12 19042. 77 146 .18 3221 3220 3223 N00°29 1 ll"E s 88°02 1 44 11 :s s 00°29 1 11" w 54.07 140. 00 60.02 7863"7.19 19043.23 78632.42 19183.14 78572.:;0 ~9182.64 Closure Error Distance> 0.0032 Errc.!:"' Bea.cing> s 65°42 1 11 11 W Closure ?recisio~> 1 in 125608.2 Total Discance> 400.27 LOT AREA: 8400 SQ FT OR 0.1928 ACRES 200.25 340.25 400.27 LOT 54 OF BLOC'.{ 1, T'::PE: PNT# BEARING DISTANCE 3226 N 88°02 I 44" w :20.28 3227 N 45°50'15" w 41. 30 3228 LO~ noi;~:HNG 78512 . 3 8 78516 . 4 9 78545.25 EAS?ING 19182.13 19061.92 19032.29 STATION 0.00 12 0 . 2 8 161.58 RADIUS, 76.00 LENGTH, 33.79 CHORD ERG, N 17°42'32'' E PC-Re CECRD: 33.51 DELTA: 25°28 1 29'1 N 59c33•:4T( W PT-R: N 85°01'43" W ~ADIUS POINT: 3217 78583.77,18966.77 TA.:JGENT: 17.18 3224 s 88°02 1 44 11 ::s: 3223 s 00°29'11 11 w 3226 140.23 60.02 78577.18 78572.40 78512.38 19042.49 19182.64 19182.13 Closi...:.re Er::::-or Distance> 0.0059 Er~or Beari::-ig> N 63°47'05" E Clos~re Precision> 1 in 67464.4 Total ~is~ance> 395.62 LOT AREA, 8393 SQ FT OR 0.1927 ACRES 195.37 335.60 395.62 :...o'!' ss ?NT# BEARING 3291 OF BLOCK 1, TYPE, ~OT DIST1\IJCE NORTHDJG ";[:l3,30. 57 N 57coa 1 22 11 'N 66.03 3229 75383.8~ N 01c57' :.6 1' E 130.73 3233 S 88°02 '44 11 E 62.65 3226 78512.33 s 00°29 1 11 11 w 131. 82 EASTING 19l81.0l 19115.06 19119.52 19182. 13 STATION 0.00 66.03 196.76 259.41 3291 78330. 57 19181. 01 391. 22 Closure Error Distance> 0.0060 Error Bearing> N 63°01 1 19 11 W Closure Precision> 1 in 65254.6 Tctal ~~stance> 391.22 LOT AREA, 8443 SQ FT OR 0.1938 ACRES LOT 36 OF FNT# BEARING 3 2 .2 9 N 87°08'22 11 w 323C N 01°57 1 16" E 3231 N 45c5Q'l5 11 w BLOCK 1, TYPE, DISTANCE 65.36 109.70 46.87 LOT ~CR :'~-r::NG 7 83 8 3 . 8 ''.' 78387. l.3 7 8-'196. 76 EASTING 19115.06 19049.78 19053.52 STATION 0.00 65.36 175.06 3232 78529. 12 19019.89 RA:JIUS, 76.00 LENGTH, 20.17 c:-roRD, 20 .11 221. 93 DELTA; 15°12 1 31 11 CHORD ERG: N 38°03 1 02'1 E PC-R: N ~4c20'43 1' W ?~-R: ~ 59°33 1 14 11 W RADIUS POINT, 3217 78583.77,18966.77 T.~~GENT, 10.15 3228 78545.25 19032.29 242.10 3227 3233 322 9 S 45°50'15 11 E S88°02 1 44 11 E s O l O 5 7 I 16 II w 41. 30 57.63 13 0. 73 78515.49 78514.52 78323.87 19061.92 19119.52 19115. 06 Closure Error Distance> 0.0049 Er:!:"or Bearing> N 01°19'23'' E Closure Precision> 1 in 97167.8 Tcta: Distance> 47~.76 LOT AREA, 9305 SQ FT OR 0.2136 ACRES 283.40 341.03 471.76 Lot Report 9/28/06 12,04 Lot File, P,\2001\01019\CARLSON\LCT FILES\?LAT MAP CHECKS.LOT CRD File> ?,\2001\01019\CARLSON\0~0~9.crd LO? 5 7 OF BLOCK 1, TYPE: :...CT P~~# BEARING DISTANCE NORTHI~G 3230 3234 3235 3236 N 87°08 1 22 11 W 3 00°28'39 11 w N 88°01. ' 3 3 11 W N 01°57'16 11 E 6.73 5.28 53.41 128.88 78387.13 78387.47 7838:2. 2.9 78384..03 3237 7851::. 83 EASTING STATION 19049.78 0.00 19043.06 6.73 19043.02 12.01 18989.64 65.42 18994.03 194 . 2 9 RADIUS, 76.00 LENGTH, 30.94 CEORD, 30.73 DELTA, 23°19'31" CHORD BRG: N 57°19 1 03 11 E PC-R: N .21°01 1 12 11 W PT-R: N 44::i20 1 43 11 W RADIUS POINT, 3217 78583.77,18966.77 T.l1NGENT, 15.69 3232 S 45°50 1 15n E 3231 s 01°57 1 16 11 w 46.87 109.70 78529.42 ./8"196. 76 19019.89 19053.52 225.23 272 .11 3230 78387.13 19049.78 381.80 Closure Error Distance> 0.0048 Error Bearing> s 25°48'41 11 E Closure Precision> 1 in 78819.7 Total Distance> 381.80 LOT AREA, 7947 SQ FT OR 0.1824 ACRES LOT 58 OF BLOCK 1, TYPE: LCT PNT# B3ARING DISTANCE '.\CR'":':--:":INC EASTING ST_l,TION 3236 7 s J s,.; .03 18989.64 0.00 N 99co1•33u w 60.00 3238 78386. C9 18929.67 60.00 N 0105711611 E '.22.83 3239 78508 .85 18933.86 182.83 s 88°02 '44 11 " 30.34 3240 -:0850"7 .81 18964 .18 21.3.16 RADIUS: 76.00 LENGTH: 30.47 CHO:? . .:J: 30.27 DELTA: 22°58'28 11 CHORD ERG: N 80°28 1 02 11 E PC-R: N o:_:i57'l6'' E PT-R: N 21°01 1 12 11 W RADIUS POINT: 3217 78583.77,18966.77 T.'\NGENT: 15.44 3237 78512.83 18994.03 243.64 s 01°57'16" w 12 8. 88 3236 7838-±. 03 18989.64 Closure Error Distance> 0.0038 Error 3eari::ig> N 71°25 1 57" W Closu~e Prec~sion> 1 in 97279.4 Total Distance> 372.52 LOT .a.REA, 7429 SQ FT OR 0.1705 ACR~S 3 72. 52 :,QT 59 ?NT# BSAR:NG 3.2 3 8 OF B::.iOCK l I TYPE: LC/-:' D:2::STANCE ~0:?,...,:..:~::JG 73.236.09 N 88°01'33" W 60.00 124.10 3.241 :'3388.16 N 01°57 I 16" E SASTING 18929.67 18869.71 STATION 0.00 60.00 3242 -;3512. 19 18873. 94 184 .10 RA.I:IUS: 1021.00 LE~GTE: 51.41 CHCRD: 51.41 DELTA: 02°53'06 11 CHCRD BRG: S 86°36 1 11 11 E PC-R: N 04·'.)50'22" E PT-R: N 01°57'16" E ?.ADIUS POINT: 3115 79529.55,18960.08 ~ANGENT: 25.71 3243 78509.14 J.8923.26 235.51 S 88°02 1 .J:4 11 E 3239 S 01°57 1 16 11 W 3238 8.61 122.83 '78508.83 78386.09 18933.86 18929.67 Closure ~rror Distance> 0.0051 Er~or Bearing> N 44°29'57'1 W Closure Precision> 1 in 71665.5 Total Distance> 366.95 LOT AREA, 7391 SQ FT OR 0.1697 ACRSS 244.12 366.95 LOT 60 PNT# BEARING 3241 OF BLOCK 1, TYPE, ~CT DISTANCE 'JCRTHI~G 78388.16 N 88°01'33'1 W 60.00 3244 N 01°57 1 16'1 E 128.88 EII_STING 18869.71 18809.74 STATION 0.00 60.00 3245 785:9.83 18814.14 188.88 RADIUS, 1021.00 LENGTH, 60.20 CliO'lD, 60.19 DELTA, 03°22'42" CHORD BRG: S 83°28'17 11 E PC-R: N 08°:.3'04" E PT-R: N 04°5C'22H E RADIUS POINT: 3115 79:i29.55,1896D.08 r..;..'\JGE:)JT; 30.11 3242 735:2.::_9 18873.94 249.08 s 01°57'16" w 124.10 3241 78388.16 18869.71 Closure Error Distance> 0.0018 Error Sea~lng> s 70°44 1 46 11 E Closure ?recision> 1 in 208927.0 T8ca_ D:3cance> 373.18 LOT A.REA, 7572 SQ FT OR 0.1738 ACRES 373.:8 Lot Report 9/28/06 12,34 Lot File, P,\2001\01019\CARLSON\LOT F:LES\PLAT MAP CHECKS.LOT CRD Fi2.e> LOT 61 PNT# BEARING P,\2001\01019\CARLSON\01019.crd OF BLOCK l, TYPE, LCT DISTA_NCE NORTHI~G 3244 N 88°01 1 33" W 3246 N 01°57 1 16 11 E 60.00 134.81 7839C.:?3 78392.29 EASTING 18809.74 18749.78 STAT.cON 0.00 60.00 3247 78527.03 18754.38 194.81 RADIUS: 979.00 LENGTH: 49.10 CECRD: 49.09 DELTA: 02°52 1 25 11 CHORD ERG: S 82°3.:i'25ir E PC-R: S 03°53'23 11 W PT-R: S 08°50 1 47 11 W RADIUS POINT, 3117 77553.34,18652.50 TA_NGENT, 24.55 3248 75520.69 :8803.06 243.91 RADIUS, 1021.00 LENGTH, 11.20 CHORD, 11.20 DELTA, 00°37'44" CHORD BRG: S 81°28 1 04 11 E PC-R: N 08:,:50 1 47 11 E PT-R: N 08°13'04 11 E RADIUS POINT, 3115 73529.55,18960.08 TAi~GENT, 5.60 3245 78519. 03 :8814 .14 255 .11 s 01°57'16 11 w 128.88 3244 78390.23 18809.74 383.99 Closure Error Distance> 0.0061 Error Beari~g> S 81°01 1 49 11 E Closure Precision> 1 in 62828.8 Total ~istance> 383.99 LOT AREA, 7926 SQ FT OR 0.1820 ACRSS LOT 62 PNT# BEARING OF BLOCK l, TYPS: ~GT DISTANCE c!ORT!'DIG 3246 N 8 8 ° 0 1 I 3 3 I! w 3249 N 01°57 1 16 11 E 60.DO 137.16 -,, 8 .3 :J,!. :3 6 EASTING 18749.78 18689.82 STATION 0.00 60.00 3250 78S21.-l,; 18694.49 197.16 RAD=us, 979.00 LENGTH: 60.06 CHORD: 60.05 DELTA: 03'30'53" CHORD ERG: s 8 5 ° 4 7 I O 3 11 E PC-R: s O 2 .J 2 7 t 3 0 I! w PT-~: s O 5 ° 5 8 I 2 3 II w RADIUS POINT: 3117 77553.34,186.i2.50 T.~NGENT: 30.04 3247 08527.03 18754.38 257.22 s 01°57'16 11 w 134. 81 3246 "78.392.29 18749.78 Closure Error Distance> 0.0034 Er~::::r Bea:::.-::.ng> S 72°01'17n W Closure Precision> 1 in 113839.7 Tocal ~istance> 392.03 LOT AREA: 8178 SQ FT OR 0.1877 ACRES 392.03 :'.:JOT 63 PNT# BEAR:NG OF BLOC!< 1, 7YPE: .:-...CT DISTANCE 2'JORT:-I=NG 78:39'±.36 3249 N 8 8 ° 0 l I 3 3 "I w 60.00 3251 73396.-L: N 01°57 1 16 11 S 135.83 3252 EASTING 18689.82 18629.85 18634.48 STATION 0.00 60.00 195.83 RADIUS, 979.00 LENGTH, 60.02 CHORD, 60.01 DELTA, 03°30'46" CHOR:C BRG: S 89°17r53 11 E PC-R; S Ol:;,03'16 11 E PT-R: S 02°27'30 11 W RADIUS POINT: 3~17 77553.34,1865:.=o ~A_NGENT: 30.02 3250 78531.-J.! 18694.49 255.85 s 01°57 1 16 11 w 137.16 3249 7839e.36 18689.82 393.0l Closure Error Distance> 0.0049 Errcr 3eaYing> S 59°:s 1 11 1r E Closure Precision> 1 in 79463.D To~al Distance> 393.01 LOT AREA, 8208 SQ FT OR O .1884 ACRES Lot Report 9/28/06 12,47 Lot File, P, \2001\01019\CA.."'1.LSON\LO"'." F lLSS\PLAT MAP CHECKS, LOT CRD File> LO? 64 PNT# P,\2001\01019\CARLSON\OlOlS.crc! 3251 3253 BEA.."'I.ING OF BLOC~ 1, ~YPE: LCT DIST}'u~CE NORT~ING 78396.43 ::,,J 88°01 1 33" w 60.CO 78390.-!9 .:.'J' 01°57 1 16 11 E 130.80 EASTING 18629.85 18569.89 STATION 0.00 60.00 .3254 785:29.2:= 18574.35 190.80 RA~HUS: 979.00 LENGTH: 60.22 CHORD: 60.21 DELTA; 03°31 1 28 11 CHORD BRG: N 87°11 1 00 11 E PC-R: S 0"-±0 34'44" S PT-R: S 01°03'16 11 E RADIUS POINT, 3117 77553.34,18602.50 TANGENT, 30.12 3252 78532.18 18634.48 251.02 so1°s7 1 16 1'W 135.83 3251 "78396.-!.3 18629.85 Closure Error Distance> 0.0019 Er~o~ Bearing> N 43°21 1 29 11 W Closure Precision> 1 in 200560.9 Tota~ Distance> 386.84 LOT AREA, 8017 SQ FT OR 0.1841 ACR~S 386.84 LOT 65 P~T# 3253 3253 OF BLOCK 1, TYPE: BEARING DISTlUICE N 88°01 1 33" W 60.00 N 01°57 1 16" E 124.99 l\O?~::nTG ,g:_;c,3_", EASTING 18569.89 18509.92 STATION 0.00 60.00 3256 78525.---d 18514.19 184.99 RADIUS: 1021.00 LENGTH: 54.15 CHO?D: 54.15 DELTA: 03°02'20" CHORD BRG : N 8 6 O 3 4 r 5 4 11 E PC -R : ::J O 1 :: 3 3 ' 5 5 11 W PT-R; N O 4 O .3 6 1 16 I! W RADIUS POINT: 3207 79545.92,18480.36 T.3,NGENT: 27.08 3257 78.::~s.1:... 1ss6a.24 239.14 RADIUS: 979.00 LENGTH: 6.:3 ·2HORD: 6.c3 DELTA: 00°21'32" CHORD ERG: N S5°l4 1 3Q1t E PC-R: S 04.).::6 1 16 11 E PT-R: S 04°34 1 44" E RADIUS POINT: 3117 77553.34,18652.50 cA_~GENT: 3.07 3254 '78529.J:: 18574.35 s 01°57 1 16 11 w 130.80 3253 78398.--+9 18569.89 Closure Error Dista~ce> 0.0024 Erro~ Beari~g> N 00°11 1 15" E Closure Precision> l in 153651.5 Totai ~istance> 376.08 LOT AREA: 7657 SQ FT OR 0.1758 ACRES 245. 2 8 376.08 LOT 66 OF BLOCK l, TYPE, ~OT PNT# BE/LC/ING 3255 N 88°01'33 11 W 3258 N 01°57'16" E DISTAL'JCE NCRT::_::_\JG 60.0C :S.22.70 78-HJG. JO 78~0'.::. 62 EASTI:-.JG 18509.92 18449.96 STATION 0.00 60.00 3259 75525.26 18454.14 182.70 R!WIUS, 1021.00 LENGTH, 60.05 CHORD, 60.04 DELTA, 03'22'12" CHORD ERG: N 89°47 1 10 11 E PC-R: J\ 0~-"~8 '16 11 E PT-R: N 01°53' 55 11 W RADIUS PO=NT, 3207 79545.92,18480.36 TANGENT, 30.03 3256 7252c. 48 18514 .19 242. 75 s 01°57'16" w 124.99 3255 7840C. 56 18509. 92 367. 74 Closure Error Distance> 0.0038 Er~or Bear~ng> S 50°28 1 05 11 E Closure Precision> 1 in 97595.6 Tctal Distance> 367.74 LOT AREA, 74I3 SQ FT OR 0.1702 ACRES LOT 67 OF 3LOCK 1, TYPE: LlOT fNT# BEA.f{ING DIS~ANCE 0JURT::I::JG 3258 78·-±U2.63 ::,.J 88°01'33" w 60.00 3260 N 01°57'16" E 122.64 3261 785:~7. ,, s 88°02 '44" 3 51. 39 3262 785:25.51 EASTING '.8449.96 18389.99 18394.18 18445.54 STATION 0.00 60.00 182.64 234.03 RADIUS, 1021.00 LENGTH, 8.61 CHORD: 8. 61 DELTA; 00°29 1 00 11 CHORD BRG: S 88°17 1 14 11 E ?C-R: N 01~57'16'1 E PT-R: N 01°28'16 11 E RADI:}S POINT: 3207 79545.92,1848C.36 ·.1.~"\J"GE.N'I': 4.31 3259 73525.26 18454.14 242.64 s 01°57 1 16H w '.22.70 3258 78-':!:C~.63 18449. 96 Closure Error Distance> 0.0030 Error 5earl~g> N 03°20 1 05 11 E Closure Precision> 1 in :20495.8 Total Distance> 365.34 LOT AR'lA, 7359 SQ FT OR 0.1689 ACRES 365.34 ~OT 68 PNT# 3260 OF BLCCX 1, TYPE: LOT NORTH-:-NG "73-::04.69 BEARING N 88°0:..'33" W 3263 N 01°57'16" E 3264 s 88°02'44 11 E 3261 s 01°57 1 16 11 w 3260 C2.csure Error :Jistance> Closure Precision> l in LOT AREA, 7358 SQ FT OR DIS'::ANCE 5C.OC 122.62 60.00 78527 . .,....., 122.64 EASTIKG 18389.99 18330.03 18334.21 18394.18 STATION 0.00 60.00 182.62 242.62 78484.69 18389.99 365.26 0.0007 Errc:::-3eari::-ig> s 02°15 1 59 11 W 559301.0 Total Gis~ance> 365.26 0.1689 ACRES LOT 69 PNT# BEA2ING 3263 OF BLOCK 1, TYPE, ~CT DISTANCE NORTE=NG '78..1,06.-:'6 N 88°01 1 33" -;I[ 3284 N 01°57'16" l:!, 3285 S 88°02 1 44 11 E 3264 s 01°37 1 16" w 3263 60.00 :22. 60 60.CO 122.62 18--!08.53 7853:.36 78:529.31 75406.76 EASTING 18330.03 18270.07 18274.25 18334.21 18330.03 Closure Error Distance> 0.0007 Error· Bearing> S 02°15'59'1 w Closure Precision> 1 in 559237.7 Total Dista~ce> 365.22 LOT AREA, 7357 SQ FT OR 0.1689 AC2ES STATION C.00 60.00 182.60 242.60 365.22 LOT 70 PNT# BEARING 3284 OF BLOCK 1, TYPE, LCT DISTANCE NCRTHING 75·!08. 83 3286 3287 3285 3284 N 88C01'33" W N 01°57 1 15" E S 88°02 1 44 11 E s 01°57':.6 11 w 60.00 :.22.ss 60.00 :22. 60 7 8 513 . '::: ;) 78531.36 78.;Cf3. 83 EASTING :8270.07 182~0.10 18214.28 18274.25 18270.07 Closure Error Distance> 0.0007 Er~cr Eear~39> S 02°15 1 59'1 W Closure Precision> 1 in 559174.5 ~ota~ D~stance> 365.18 LOT AREA, 7355 SQ FT OR 0.1689 ACRES STATION 0.00 60.00 :.s2. ss 242.58 365.18 Lot Repor:. 9/28/06 12,54 Lot File, P,\2001\01019\CARLSON\LCT FILC:S\PLAT MAP CHECKS.LOT CRD File> LOT 71 PNT# P, \2001 \ 01019\CARLSON\01J'9. cni BEA..lCNG 3286 N 88°01'33 11 W 3288 N 01°57 1 l6ir E BLOCK :. , TYPE: LCT DISTANCE NORT:-'=NG 78-± lC. 90 60.00 123.33 7841].96 EASTING 18210.10 18150.14 STATION 0.00 60.00 3289 78536.22 18154.34 183.33 RADIUS, 621. 00 LENGTH, 30. 91 CHORD, 30. 91 DELTA, 02°51' 08" CHORD ERG: S 86°37 1 10" E PC-R: N 04:48'24" E PT-R: N 01°57 1 16" E RADIUS POINT, 3102 79155.04,18206.38 TJI.NGENT, 15.46 3290 7853'± .40 18185.20 s 88°02 1 44 11 :::: 29.09 3287 ':8533 • --!: 0 18214.28 s 01°57'16 11 w 122. 5 8 3286 '/8410. 90 18210.10 Closure Error Distance> 0.0014 Error 3earing> s 19°19•25 11 w Closure Precision> 1 in 254496.4 Tctal Distance> 365.92 LOT A.REA, 7362 SQ FT OR 0.1690 ACR3S 214.24 243.34 365.92 .::..ot Report 9/28/06 12 ,55 Lot File, P, \2001 \01019\CARLSON\LCC:: ?=LES\.PLAT MA.P CHECKS. LOT CRD File> LOT 72 PNT# BEARING P,\2001\01019\CARLSON\01019.c.:d CF BLCCK 1, TYPE: ~0~ DISTANCE NORTh_NG 78~1.:::..96 3288 N 88°01 1 33 11 w 60.00 3321 7 84 -:..s. J3 N 01°57 1 16 11 E 12 9 . 2 3 3323 785,H. 18 EASTING 18150.lf 18090.17 18094.58 STATION 0.00 60.00 189.23 RADIUS, 621. 00 LENGTH, 60. 32 CEORJ: 6 0 . 2 9 DELTA: 0 5 ° 3 3 I 5 3 " CHORD BRG: S 82°24 1 39 11 E PC-R: N 10°22'l7n E PT-R: ~ 04°48'24 11 E RA.I;IUS POINT: 3102 79155.04,18206.38 T.:0..NGENT: 30.18 3289 78536.2" 18154.34 249.54 S 01°57' 16n W 123.33 3288 78"±::_2. 96 18150.14 Closure Error Distance> 0.0017 Error Bearing> S 50°14 1 10 11 E Closure ?recision> 1 in 224383.3 Total Distance> 372.87 LOT AREA, 7547 SQ FT OR 0.1733 ACRES 372.87 Lot Report 9/28/06 12,57 Lot File, P,\2001\01019\CARLSON\LO~ ?~L2S\OLAT MAP CHECXS.LOT CRD ?ile> P,\2001\01019\CARLSON\01013.crd ~OT 7 3 OF BLOCK :. 1 7YP3: LO'=' PNT# BEARING DISTANCE )JCR-=-:-n~G 3320 --:-3.;7..J..99 N 88°01 1 33 11 ';/ 145.85 3319 N 00023 15311 E 51.87 3324 '78531.88 EASTING 18092 .22 17946 .45 17946.82 STATION 0.00 145.85 197.72 RADIUS, 25.00 LENGTH, 39.27 CHO?_D: 35.36 DELTA: 90°00'00 11 CHORD ERG: N 45°23 1 58 11 E PC-R: S 89°36'02'1 E PT-R: S 00°23 1 58'' W RADIUS POINT, 3325 78531.71,17971.82 T.ZlliGENT, 25.00 3326 78556.71 17971.99 236.99 S 89°36 1 02 11 E 6.42 3327 78556.66 17978.41 243.41 RADIUS, 579.00 LENGTH, 108.61 CHORD, 108.45 DELTA, 10°44'53" CHORD BRG: s 84°13 ! 35 11 E PC-R: s 00~23 r 58 11 w PT-R: s 11°08 r 51 11 w RADIUS POINT, 3293 77977.68,17974.37 TJ'.NGENT, 54.47 3328 78545.75 18086.32 352.02 RA.DI':JS: 621.00 LENGTH: 8.41 CHO?_D: 8.41 DELTA: 00°46 1 34 11 CEORD BRG: S 79°14 1 26 11 E PC-R: N 1~"08'51" E PT-R: N 10°22'17 11 E RADIUS POINT, 3102 79155.04,18206.38 TAl-iGENT, 4.21 3323 7854-~.18 18094.58 360.43 S 01°57 1 16n W 69.23 3320 73.:;7...,;_99 18092.22 Closure Error Distance> 0.0050 Error Bearir._g> N 55°00 1 50 11 E Closure Precision> 1 in 85336.7 Total ~istance> 429.66 LOT AREA, 10997 SQ FT OR O .2525 AC?ES 429.66 LOT '"'.'RACT 9 9 7 PNTc/ BEAR=:\fG 4531 OF BLOCK 1, TYPS: DISTANCE N 88°00 1 19 11 W 249.83 3316 LCT NC:?.THING '8253.39 78:252.CS 3ASTINC 18218.92 17969.24 STATION 0.00 249.83 RADIUS, 25.00 LENGTH, 38.57 C:1CRD, 34.86 DELTA, 88°24'17" CHORD ERG : N 4 3 ° 4 8 1 10 " w PC -?. : E Cl '.) s 9 ' ct 1 11 E PT-R; s 8 9 ° 3 6 I O 2 It E RADIUS POINT, 3317 78287.07,17970.ll TANGENT, 24.31 3318 78287.24 17945.11 288.40 :,r 00°23 1 58 11 E 192.78 3319 ! Bel: 8 0 o·, 17946.45 s 88°01'33" E 145.85 3320 78-l:/4.99 18092. 22 s 0105711511 w 60.00 3321 78-!:-LS.03 18090.17 s 88°01 1 33 11 E 129.96 4530 78410.55 18220.05 s 00°24'51 11 w 157.17 4531 78253 .2S 18218.92 Closure Error Distance> 0.0017 ErroY Bearing> N 02°1s 1 os 11 E Closure ?recision> 1 in 576368.9 Tota~ D~scance> 974.16 LOT AREA, 51636 SQ FT 0~ 1.1854 ACRES 481.18 6 2 7 . 03 687.03 816.99 974.16 Lot Report 9/28/06 13,25 Lot Fi:e, P, \2001 \ 01019\CARLSON\LC~ "TLES ·. PLAT AAP CHECKS. LOT CRD File> P,\2001\01019\CARLSON\01019.crd LOT TRACT 998 OF BLOCK 1, TYPE, ~OT PNTJ/ BEARING DTSTA-\JCE i'WRTE:cilG 25035 73820.23 N 88°04 1 08 11 W 140.00 25036 7882-:::.95 s 00°29 1 11" w 23.43 EASTING 19184.74 19044. 82 STATION 0.00 140.00 2so37 :2so:.~1 19044.62 :63.43 2ADIUS, 76.00 LENGTH, 62.10 CECRD, 60.39 DELTA, 46°49'07" CHORD BRG: N 22°55 1 23 1r W PC-R: N 39°3J'49 1' W PT-R: S 43°40 1 04 1' W RADTUS POINT, 25038 78802.16,18968.53 T.'I.NG3NT, 32.90 3175 78857.1< 19021.10 225.53 25039 25040 25035 N 43°40'04 11 E S 88°03 1 20" E s 00°29 1 11 11 w 3 7. 98 138.00 59.71 1888'-±. 6::. 78879. 93 19047.33 19:85.25 19184.74 Closure Error Distance> 0.0037 Errcr 3earing> S 52°28'24 11 E Closure Precision> 1 in 123968.1 Total D~stance> 461.21 ~OT AREA, 9073 SQ FT OR 0.2083 ACRSS 263.51 401.51 461.21 Printed: 02-06-2007 Payment Made: .ITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA07-016 Receipt Number: R0700490 Total Payment: co. 02106/2007 03:13 PM 1,000.00 Payee: BURNSTEAD CONSTRUCTION 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 3384 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 650.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.l Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00