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HomeMy WebLinkAboutLUA14-000108_Report 1.• ' CIMARRON TOWNHOMES A PORTION OF THE NE 1/4 OF IBE NW 1/4 SECTION 15, TOWNSHIP 23 NORIB, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON CITY OF RENTON FILE NUMBER LUA-12-008, CU-A, SA-A DEDICATION KNOW ,o.U PEOPU: 0Y Tl1~ PRESENTS 111AT WE. THE VNOERSWtlUl OVll£RS OF INTEREST IN THf LANO HEREBY SUOOo,l(l[(), l<[fl[EIY OCCt.ARE THI$ PL.AT TO et: THE GllAPHIC f!Ef'Rl:~lATION !l' TttE suoo1-.,S10N Ml.DE HER£8Y, Ai,10 00 f£REBY OEDtC.O.lE TO TliE USE OF lHE PU8UC f0REYER .I.LL ~TIIUIS ANO A\1£NUE5 NOT SIIO\llti AS Pli1VAJF HEREON ANO OECIICATE THE USE Tl1Ell'EOI' FOfl AU PVOUC P\JIIPOSE:S 1'101 INCCNSISTU>IT '111TH THE US( lHERE:or rOR !'UBI.JC Hll)t<WAY PURP0S£S, A1iO ALSO lliE RIG>IT TO MAKE AU NEC£S5.4RY SLOF'f:S FOR CIJTS ANO nL.LS lA'ON THE LOTS SHOWN THERE:ON IN THE 001Q~"L FIHSCA,4SLE: GR"°1NG OF S,1,10 SIRfET'S .ufO AICMJES. ANO fURTl1!JI l)(DICAT[ TO TI;f use: CT THE PUBUC AU n,r O.SE..o<TS *NO TR...CTS SHOY,f; Of1 Tl1iS PL.AT FOR 1,1..L PUBUC PUR!'05ES AS l'IDIC.r.lUI Tl<FR£0M, IMCI.UDIN(; EIUT NOT LAUlEO TO PARKS. <PDI SPACE, L'TIUTES mo DffAINAll[ UNLESS= EASEME.'NTS OR TRACTS AAF SF'(CF1CAIH rOCNTIFlED 00 TIii$ "1.AT AS BEING DEDICAlm 00 CONVEYED TO A PERSON OR ENTITY OTHER THAN TIJf PI.IIUC, lN 'M<IC>l CASE WE DO HERESY DEDICATE SUC>1 STREETS, EASDolDITS, OR TIUCTS TO THE PCRSCIN OR fNTlTY 1D(Nl1FlE0 ANO FUR THE F>UAPO$E SlAlEO. EIREMERTOO A\/OIU{ Tll'IINHONES, LLC. 9Yc ___ =~------ 01ffllJE CONNCR CITY OF RENTON APPROVALS CITY Of RENTON PUEIUC wom<S DEPARlMENT CITY Of RENTON MAYOR CITY Of RtNTOH SHiET l OF 4 ACKNOWLEDGEMENTS CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE ST,t,.TE OF __________ ) ,~ COUNTY Of' _____ ) I CERTIFY l'nAT I KNOW OR tlA\'£ SAllSf"ACITfiY E~DENCE TIUT CHAAUE CONNER SIGNU> THIS tNSIIIUMtNT, ON OATH STATill THAT HE/SHE WAS AUll<ORIZEO TO E~ECUTE THE -------------ANO AO:NO'M.EOGEO IT TO BE Tl!E FllEE AAD VOLUNT....:Y ACI Of su01, ___________ rOR 111£ USES ANO PURPOSES McNnONED IN Tl1E INSTR~T. DATED-----, 2D1J Sl1),;>.1URE ------------ Pf<111T N>.ME ----------- NOTl,!lY PUBLJC IN .o.HO FOR Tl!E STATE Of WAS>«NOTOH MY COMr.USSION F.><PtRES -------- LEGAL DESCRIPTIONS EA!D.IENTS ANO L[Cl,L OCSCRIPTION FOR lOT 2 AA( BASED OH THE U.T..',. COMMITMENT BY CtUCAG<J TITLE INSURANC( COMPANY, Ollom NO. 1J6&51~. DATED JJNE 7, 20,J, AT e,oo ........ ll<ROUCH SUPPLEMENTl,L COMMITMENT 0.0.TED AUGUST 9, WlJ LOT 2, !(ING COUNTY SHORT PLAT Nl!Ml)(R 675015, RECORDED U'IJ(R RECORDING MUMtllR 750II050!"'5, IN KING COUNTY, WASHINGTQ!i EASEMENTS I.Nil L[G.Al O£SCR1Pll0N roo lOT J ARE BASED o;,-Tl!E .',.LT.A. COMMITMENT BY OilC>.GO TITLE INSUR.o.NCE COMP.ANY, (lRll[R NCI. 136651.1, TIA'TEO JJNE 7. 2013, AT 8,00 A.M. Ttif!OUGH SUPPLEMENTAL Cot.ltollTMFNT DATED AUGUST 9, 2013. LOT J, KING COUNTY SHORT Pi.AT MI.Jll!ICR 67!l01~, REC0R0£0 UNOCR RE:alRDIMG IIUM!l!cH 7009050ti0, IN KING COUNTY, WASHINGTllN. KING COUNTY FINANCE DMSION CERTIFICATE I liERESY CERTIFY THAT AU. PROPERTY TA)(£S AA( P/ltO. THAT Tl!ERE /IRE NO OELJNQUEIIT SP[Cll,L ASSESSMENTS CERllFlED TO IHIS OfflCE r!lll ca.J..E:CllON ANO, 111AT AU SPECIAL ASSESSMENTS CERllFlED TO THIS CfT'lC[ FOR CCUECTIOH ON .o.NY or THE PROPCRTY H0!£1N CONT/ltNfO. DEOICATED AS STREETS. J\LilYS OR roo 01\l[R PUBLIC IJSE AR£ Po\10 IN~ m,s_OAY or ____ , Wl~ VICINITY MAP N.T.S. I HERFRY cri:rnr, TH~T n+ERE AR£ NO 0EuNOUEN1 SPEC!""-ASSESSMENTS AND THAI ALL ~CIAL ASS£SSWENTS ctRmrn TO TMF CITY TR(~ FOR CCUECTI~ ON '1/Y PROPERTY HEREIN CONTAINED OCDICATED FOO STREHS, Al.lrl"5 OR !lllsl'll PUlllJC USE$ ARE PAO IN FULL ll-lS_OAY r:,r ____ , 2013 nMAIIICf DIRE'.CTOR DEPARTMENT OF ASSESSMENTS E~Al,nN£0 ANO l<PPROl'CD THIS_DA• QF ____ , 2013 Ktl~ COUNTY ASSl'SSOR Cl,EPUTY - ACCOUNT NUMBER: IS2J050035 152l0~19J RECORDING CERTIFICATE PLAT AREA INFORt.lA TION TOTAL ARO, PUlllJC R.0 W. P!l!VATE ACC£SS ESl.ffS lffACT A PERMITTED DENSITY PROPOSED CIENSITY TOTA,1. f LOT'S LOT I 1.llll ..::RES 16,1!,5 so. fT 9,J~ so n 2.1105 so n :IO OIJ/AC 17.M DU/AC 1.~s so. n. 1.ns so. n. 1.~ SO. FT. 1,2153 SO. FT. 1.92':l SO. fl. 1,392 SO. FT. 1.92':l SO. FT 1,410 SO. FT. 2.l.\40 SO. FT. 1,410 SO. FT. 2.415 SO. fT. 2.415 SQ, FT 2.818 SQ. fl 2.616 SO. FT 2,081 SO FT 1.524 SO. Fl. i,098 so. n 1.479 so. n. SURVEYOR'S CERTIFICATE Axis Sur"ey 6 Mapping --13005 NI 126th Pl. KIRKUND, WA 98034 TIL 42;.an-;;700 FAX 025.&2)-6700 JOB ND. 13-087 PLAT AREA INFORMATION '" " " " " u " '" " " " " " " DAlE 12/20/13 2,0911 SQ; F'T. 1,47\l SO. FT. 2.126 SO. FT. 1,520 SO. FT. 1,11711 SO. FT. 1,:!110 SO. FT. 2.2115 SO. FT. 1,lllll SO F'T 2,i71l SO. fl. 2,5'11 SQ. n 1,850 SQ. n. 1,,1, SO. FT. 2,221 SO. FT. 2,221 SQ. F"T z.se,; SO. FT. 2,071! SO. H. J.O~ SO. FT 2,il2 SO. fT. 2.1n SQ n 1.sg11 so. n. 2.114 SO. fl 1.5711 SO. FT. 2.467 SO. FT VJeO SO. Fl. 2,70• SQ. f'T 2.JOJ SQ FT. 2,DOH SQ. rr 1,H5 so. FT. DRAWN BY JM SCAU N/A CIMARRON TOWNHOMES Slfl:IT 2 OF 4 A PORTION OF THE NE 1/4 OF THE NW 1/4 SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KlNG COUNTY, WASHINGTON CITY OF RENTON FILE NUMBER LUA-12-008, CU-A, SA-A TITLE NOTES LOT 2 & FASEO•on MID THE TE:RI.IS 1,/¥'.J CCW.OITIONS THEREOF RE:GAROINC El.(CTRIC TRANSWSSJON .<NO/QR D15'!RJ8UTION SYS!EM "ER INSTRUME:NT UNDER K~G COONTY RECORC>ttlG iiUM&R 5515528. ( ... S CONSTRUCTEll) CO\ol:NI.NTS, CONDITIONS, RESTRICTIONS. E ... SEMEHT'S, NOTES. DEDICATIONS """1 SETBACKS, IF I.NY, SH FORTH IN OR DEUNE.t.TED ON SAID SHORl PL ... I. RESERVATIONS ANO EXCEPTIONS CONTAINW IN Ill.ED f-ROr.O NORTIH,RN PACIFIC RALHO.t.D COMPANY RESER\IING ANO EXCEPTING FROM S,1JO u,,;os so MUCH OR SUCH PORTIONS nt[R(;or .t.!i I.RE OR MAY B( l,UNERI<_ LANDS Oft COtHAIN CO.o.L OR IRON, ANO "1.50 THE USE .t.NO THE RIGIT ,l,NO nru: TO 111[ USI: or SUCH SURfACE GROONO AS MAY SE NECESS ... RY FOR GRCJlt'O OPEIUTIONS ANO lltE RIGHT OF ACCESS TO SUCH RE-'<Ul WO EXcrl'TI':0 MINERAi. L.o.NOS, INCLUDJNC I.JINOS CONT,IJHING COol,L QI\ IRON. !'OR 1H£ PURPOSE Of' E)<i'l..()RING, DE\oELOPlltC ... NO -KING TH£ s.i.ME, PER ltlSTRUMUiT l!'lDER KING COIJNTY RECORDING NUMB£A 1~2UO. :~J!*I.::f/OA MODH'lCAll~ Of" SAID R=VATION P£R tHSTR\JWE:NT UNDER K .. G CO\JNTY RECOROINC MOTIC( CF 0..AI .. m SE\1ER£0 .. ,HERAL INTERESTS PfR <HSTRUM(NT VM0£R KlNG GOVNTY RECOROINC N1JM&R 20081W9000b90 CITY 0, RENTON. ORDINAJ<C( NUlll!ER 4l!12. [ST"9USH!NG AA ASS£SS1o1£NT OISJ'RlCT >00 S/\N!TARY st:VIER St:R'<!C( AAO ESTJ.BUSH•MC M'. I.MQIJNT 0. THE CHARG£ UPCt-1 COMl<l[CTIOM TO THE F"ACIUTIES, RECOR0£D UNOER &. :;:;;~:\ M~oc;;/=~ 09!:To CON0n100S Til(R!:Dr RE:GARCIINC BCNHlCIA! DRAINAGE F".0.CILITY EASOl[,,r PEil INSTR\JM[NT VNOER KING COUNTY RECORDING NUMBER :1D0Bl[)o!OOl145 [ASE!,IEJH At.RE£WENT Al<O TH[ TERMS AND COMJlnoos THE:RU)f REGA!l~G [A5EMENT roo STCIIM WATFR FLOWS AAD t,IAINfENAJ<C[ AND OlliER PROWilONS RELATED TO EASEMENTS PER INSTRUM[NT UNOCli KlMC CCUNTY RECORDING NUMOCR 2008010,j0!H14l!. RIGHT ro t,IAAE NECESSARY SLOPES FOR CUTS OR flU.S UPOI'< P'«lPERTY HEREIN DESCRIBED AS GRANTED BY DUD l't:R INSIRUMENI UNOtR ~IN<. COIJNTY R(COROINC NUMBER 7~7.ll004.l TITLE NOTES LOT 3 IJJ EASEM£NT AND THE fERMS AMC CONDITIONS TI!ER[O. R!:GAADING flECTRIC TRANSMISSION /IMO/OR 01"3TR181JTION Sl'SfE"' PER INSTR\JMENT UNDER ~l'!C COUNTY llECl:<ONG NUMBER ~1~26. (AS CONSTRUCTrll) CO\l(N<J'llS. CONOlnOl'!S. RESTRICTIONS, EASEMENTS. '!DfES. ~CATIONS Al<O SE1B/\CKS. If" Al<Y. sn FORTH IN OR C>WNEAn.O ON S/110 SI-IORT F'l.>.T. RESE!IVAl10t<S ANO EXCEf'1lOHS COt;T/\JNUl IN DEED FROM NORTHER!< PAClflC AAILROAO COMPANY RES£R\11NG ANO EXCEPllNC ffiOM SllO LANO$ SO MUCH OIi SUCH PORTIOIIS TliEREa' !<S IIRE OR t,llY BE 1,1 ... £/1:...._ u.NDS OR COt<TAIN CO/IL OR IRON. ANO Al.SO TH£ 1JS( AJ<0 THE RIG>!T ANO TITU TO THE \!SE Of S\!01 SlJRF~CE GRCIJNO ~S r.AY Be: '!ECESSIIRY FOR (lll(llJNO OPERAl10t<S Al<D THE: RIQ,T c,f /\CUSS 10 5UC!1 R!'SE!ll'ED ANO EXC£PfEO .. IIIE'A<L LONDS. l'ICLUOINC LAl<D5 COIITl,JNlNG COAL OR IRON. FOR THE "'-JRPOSE CF EXPLOl'IING. DEYELOPINC AND -~ING Tiff S'-"E. PER INSTR\)W(NT UNDER ~ .. G COUNTY RECOROINC N\.UB!Jl 19?4:'\0 I.MENOMENT AND/OR MOOIFlCATION Of SAID RE~VATION PER INSTRUMENT UNDER ~>NG COIJNn' RE:COROINC NUIIIBER 2541227. NOTICE Of Cl.AIM TO SE\oOlf.O l,IINcRAL INn~srs pt_~ INSTRUMENT UNDER KING COUNTY RECOIIDING NUMtlER 20081209000690 CHY OF RENTON. OROONANC( NUM8ER '612. ESTA81.JS/-ll>!G AN !<SSF.SSI.ODH DISTRICT FOR SAl<ITARY SE'IIER SER\IICl. ANO ESTPISUSMINC lliE 111,!0,JNT OF THE 014RCE U~Ot< COHJ>l:CTiotl TO THE FACUTCS, RECORDED \.INl>ER F!ECOf!OING NLIMBEll 9Ell)62"096e. [I) -.cRED.!EtH AJ<O T>IE TEI™$ ANO COOl01"0NS THEREOF REGA!IDING BE'!UlUAL DRA1NAG£ rAUIJn' [/\5EMDH Pm •N~ .. ENT uo()ER KiNG COVNl'T ~ECORDIHG NUMBER 200810<!00114~. (AS£111E;NT !IGF!Ef:MDa AND THE 11:RWS ANO CONOITIOHS THEREOF RlGAROIHG lASE .. ENT FOR STORM WlfEA f\.OWS .»10 MAINTENANCE ANO 0Tli£R Pft{l\llSIQl<S REI.ATE!) TO EASEr.,EHTS PLR INSTRUMUII UNDER KING COONIT RE:=NO NUt.eER 20080104001146. R!G:l<T TO M/\KE NECESSARY SU:lPES FOR CUT'$ OR FILLS UPCtl PR<IPt:RTY HERO< DESCRIBED /IS GR<J'lfEO UY OFTO PER l'!STl;:INENT UNOE!l 1<1NG COU<Tr RECORDrNG NU .. EiEI' 7507.110043. PLAT NOTES "NO PARKING" SIGNS 9a'l/\ClE SHM.L BE l'l.ACED /\j_O,,G THE PRIVATI' /\CCfSS £ASD1ENT THAT £:<TENOS Cf'f" Of fHE SOUTHEFIN TEA\IINUS Of NE JRIJ COURT TRACT.,.. IS CONSll'.ltFtEO /I '111/\Cr PURS.1""11 TO ~cc 19A.04 . .l.l0. /I 'lRACT" IS LANO A[SER',Er, FOIi SPEOFIED USES INCWD1NG. BUT NOT LJ\1111:D TO RESER,£ TRACTS. REC!tc/\TION, IJF'£N SPACE:, SEN5'TIVI: A!l[AS, SURl'ACE W~TER ~fENTIOII. UllLITr fACIUTIE'S ANO ACCESS. ffiACTS ARE NOT CONSIOE!lED LOTS OR IIIJILOINC SITI:S FOR P\JRl'OSES OF ~Sl()elTI/\j_ 0'/IELUNG C0t/STR1JCTJON 3. 111/\CT 'A" IS A M,•.••ffENANC( TRACT W/£ASEMO<TS TO arr Of RENTON AND ACCESS EASEMENT FOR LOT 7. TRACT "A" IS HERl:BY CONVEYE!l TO TH! HCJM[Ol!,tj[RS .O.SSOOATlON UPON THE RECOROl"'1 Of Tlir$ PL.AT 4. THE ROAO AND STCRM DRA1NAG£ SYSTl'M SHM.L BE CONSTRUCTrO ACCOIIOING TO THE APPRO'<ED Pt.NI AJ<O Pfi:Cfi.E ON nu: 'MTI-l RENTON OC\/ElDPMENT =a::s OI\IISION AMI) -'HY O[IIIAllON fROl,I 1tt£ >PPR{)\o[!) Pl..AAS 'MU. REOIJIRE v.RinEN .IJ'?AOV/\i. fROI,( lttE l'l!a'rn AGCIICY, ClJRR[Nll..Y RENTON D£\/El0PW:NT SEFl\1CE':l DIIIISION. 5. THE IIPPUCAl<T OR SIJ8SEQUDH OMiER SMALL COMf'\.Y 'MTI-l lliE Af'PUCAfl.E arr OF RENTat." mAmc IMPACT ITT SOiEDULE IN PIJ,CE AT TIME ~ ITT H,...ENT THE olPPUCANT SHAU. PAY THE IMPACT fU PRIOR TO FINAL ?I.AT /\PPllOV/\j_ 6. 1HE /\PPLICAAT OIi SU8SEQIJE:NT Oilliffi SHALL CC.,,PU WT>! T>IE I.PPUCAfl.E UTY Of RENTON SCHOOL lt,IPACT rEE SO<EOUU: IN l'l.ACE AT TIME~ FIT P/1-.UO<T TH( AWUC...,T SHAU. PAT IHE .. PACT 'l:E PRiDR TO FINAL PLAT /\PPllQV/\j_ 1HE APPLICAl<T OR SUBSEQllENT Ql'!Nf;R SHAl..l COMPLY 11111H THE ~C/\BI.E CITY Of f!mTOtl p..._,I( MITIGATION rEE SCHEDULE IN PwlCE AT TllaE Of ITT PA-.UENT. THE J.Pf'I.IC:ANT SHAU. PJ,1 Tl<E WTIGATION ITT fl!tlOR TO FlNAL />LO.T APPROVAL 8. THE APPLICANT OR S\!BSEQUENT O'IINER SHAl..l COMPLY 1111TH THE /\Pf>I.ICA!ll.E Cll'r Of RENTON FIRE WITICATION Hcl SCHEDULE IN PwlCE AT TIME Of FEE PAYMENT THE APF'UCANT SHAl..l p~y THE WITIGATJON m PRIOR ro HNAL PwlT Af'PROVAL 9. AU. BlnLDING OQ!!,tjSl'OIJTS, fOOTINC ORAINS, AND DRi,JNS FROM Al. IM!'Ol\llOIJS SURl'AC(S SUCH AS PATWS AND Oll\1/E,,-AT5 SHIii.i. BE CONNECTED TO THE PERloAJ<UIT STOl'M DRAIN OIJT\..ET AS SHOVIN ON TH[ APP~ COflSTFIUCTION DRA'MNGS ON FU 'MTH THE OTY Of F!ENUJN. THIS PL.AN 511/11.1. BE SUBMITTED 111TH THE Al'f'LIC~TJON Of ANY BUILDING f'U':MIT. /ILL COOINECTIOOIS Of THE Oll/\lNS MUST BE CONSTRUCTED AND APPR{)\,£0 PRIOR TO Tl£ FltiA!. BUIL.OriG INSPECTION Al'PROVAL 10 EACH LOT 011,tj[I! SHALL MAINT.._.. TR(ES lOCAltD ON THE OIWIER"S LOT MO Tl!OSE IJIEES 'MTHIN Tl!E STREIT RIQIT-OF-WAY AB!!TIIHG TH£ OWNER'S LOT, UNLESS THE arr Of !lENTON H.0.S "-OOPTEO /I l.lAIMTENANCE PROGRAM. IBITS ~OWN Ttl BE R(TA!,iu) ~A!.l 8( ~i,JNTAIN£0 01 TI!E ruwRE Ov,,,,ERS Of THE PflWOSEO LOTS. 1l l'ROl'ERTY IIIITHfH THJS PLAT IS SUB.ECT TO COl'EMAATS, CONOITIOtlS A>/0 RESTRICTIONS, KIIG COllt<TT RECOROINC NUMOER --------- EASEMENT PROVISIONS A1.L SANITA!IY SE'l'EA EIISE .. EN!S ARE HERESY CON\/EYEO TO lliE CITY Of RENTON fO!l THE PUR!'l!Sl. QI-stcR"1NG !HS SV8D•"1SIOH ANO OTHER PROPERTY "/1'1H SE'IIER SER'1CE. 2. All O!!AINIIC( EASEMENTS ARE HERESY CON'l'El'Ul 10 THE an Of RDITOH FOR THE PURPOSE Of SlR"1HC THIS SIJ~\IISION AND OTHE:R f'Fl(lP(RTr ""Tl< STOOL! DRAINAGE Sl:R'1C£. J. /ILL ""/\TER EASE .. cffl'S ARE HERESY CON\/El'ED TO THE QTY 01-RENION >Oil THl f'l.>RPOSE Of SER\'iNC THIS SIJ~\IISIOII AND OTl1ER PflOl-'ERTY ""™ VI/\TER sumCE. •. 1ttE 10 FOOT PRIVATE ORAIHAGE USE .. DIT S11Q!!,tj ON L01 J JS fOR !Hl llt.HVI! Of LOTS I AHO 2. THE 01\l'lERS Of LOTS I THROIJG!1 3 A!IE HEREBY RESl'ONSIBU IOI! THE ~AIHT'!.l'IANCE CF THE ffilV/111: OR/\IHAGE FACIUTlES I\ITl11N SAIO EASEME:NT. 5. Tli( 10 Foor PRIV~TE ORAINAGE EASE .. ENT SHOVIN 00! LOT 4 IS FOR THE &NEflT Of LOTS ,. 2 /oJoE J, THl OVINERS Of LOTS I Tlif!OI.IGH 4 /IRE HEREBY RESPC..Sl8L£ FOR THE "'AINTI:N/,/'iCE Of THE PRIVATE ORAINAGl. FACILITIES 'MTHIN S/110 EASEMENT. 6. THE 10 F"OOT PRIVAII: DR/\IHAGE E.AS~U<1 S>!OV1N ON LOTS 5 IS FOR 1ttE BENEflT Of LOl'S 1 THROIJQs 4. Tl£ O\'INERS Of LOTS I TlfflOUGH 5 Al'<E HEREBY RESf'ONSISLE FOR THE t,I/\INTENANCE or THE PRIV/111: Qfl,l,IN/\C( H,CIUTIE'S 'MTHJN 51110 EASEMENT. THE 10 FOOT PFl;IVATl: DRAINAGE EASEMEtH SHOWN 00! LOTS 6 IS FOR 1ttE BENEflT Of LOlS I Tl!ROIJGH 5. Tli£ OVINE/1:S Of LOTS I THROUGH ~ A!IE HEREBY RESPOOSl8U: FOR THE l,IAINTI:'!ANC( OF Tl!E PRIVATE OR/\IN/\C( FAatJ~E'S 'MTHIN S1110 EASE .. ENT. 1ttE 10 HJOT PRIVATI: [1/1,cNAGE EAS(i.oENT SHOWN ON LOT 8 IS FOR Tl<E OENUIT (fr LOT 7. THE OVINERS Of LOTS 7 /\NO 8 /\FIE HEREBY RESPOOSIBLE FOR TH( U/\JNlO<ANCE OF THE PRIVATI: o-Rll'!/\GE FACIUTIES MTHIN S,o.JO £11S01rn1 9. lHE 10 FOOT PRIVAfE [IRAJNAGE EASEMENT Sl,OVIH 00 LOT g IS FOIi THE BENEFIT 0, LOT 10 T>iE OVINE/1:$ OF" LOTS 9 AND 10 A!IE H(Rf8Y RF:SPONSl!!IF F"DR N' ~,111,flENANCE OF TH[ f'RIVAfE DRAINAGE F"I.CIUTI(S \li1TH1~ ;J,JO E/\5EMENl 10 1HE ,0 FOOT PFIIVAfE OR,',JNAGE EAStMENT SHOllll-4 ON LOT 20 IS FOR Tl£ BEN(FlT Dir LOTS 19 mo ,:1 lW?OUOH 24. THr 01111\iE!lS OF LOTS 19 Tl1ROUOH 16 -'PE l!EREBY R£SPOOS1BLE FC>'l THE .. AINlENANC( Of 111£ PF•w~n: DR....-iAGE FAOLIT1£S \li1TH,N SAO E.o.St: .. (NT '1 THE S FOOT PRI\IAT£ ORAIN/\GE E/\SOIENT SHO\ltl ON LOT 20 IS FOil TM£ BENE:l'lT (fr LOT 19. THE OVINER Of lOT 1g ~All ,s HEREBY RESPONSIBLE FOR THE Mi,JNfENANCE OF THE PlllUl[ l)Ri,JNIIG[ FAOllllES ""THIM SAJO USEMENT 12 THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHO\l,tj ON LOT 23 IS FOR THE: OCNEF"IT or LOTS 21, 2' AND 2< lltROU~I 21:l. THE OVINERS Of LOTS 19 lliROUOH 26 /IRE HEREBY FIE'SPONSl01.E FOil TH( MA!NfENAAC( Of TMf PRlV/\fE ORAINAGE F~OUTIES 1'11THIH s.o.JO EASEMENT 1.l. T>tE. ~ FOOT PRIVATE ~AGE EASEMENT SH~ QI.I LOT 23 IS FOR THE B[l,l[fll OF LOT 21. ™E O\\!o!ER Of LOT 21 SHAI.L IS HEREBY RESf>ONS18U: FOR THE MAINfENANCE OF THE F'fil\1/\fE OFIIJNIIGI: FAOLITIES \lllHN SA:D ~ASu.llN! 14. THE. 10 fOOI PRIVAfE DRAINAGE HSGl[NT SH01',tj ON LOT 24 IS FOR THE BENEFIT Of LOTS 22, 2~ Al<O 21:l. lH( OVINERS OI-LOTS 22 lHROI.IGH 26 AftE HEREBY R[Sf'0NS1Ell£ FOR THE MAINIDI/\NC£ Of THE PlllV/\fE DRAINAGE: FACIUnECS lfl!THIN SAID EASEM[Nl. 1S. THE 19 Fool PRl¥~1E RO/ID AND UTIUTIES E.o.St:MENT SH01',tj ON LOTS 1 TI!RQlJGlj 3 IS roR THF 8£NEflT OF" LOTS \ THRWOH 3. ™E ()11,tjERS Of LOTS 1 THROIJOH 3 ARE HEREBY RESPONSlOLE FOR TI![ t,I/\INlL~ANC£ 0. THE PRIVAfE R@O ANO UTIUTY FACILJTIES 'MllilN SA!D E~ENT. 16 lHE 19 fOOT P!IIV/\fE R0.0.0 NW 1J~UTIES EASEMENT SHOVIN ON LOTS 4AND SIS FOR THE BENETIT Of LOTS 4 ANO s. THE OVINERS or LOTS ~ ANO s Al'!E HERE!IY RESPONSIBLE roo THE M/\INfENAl<CE Of Tl<E PRIVATE ROl,D ANO UllLITr FACIUTIE'S ""THIN SAID EAS!: .. ENT. 17 THE 19 FOOT Plll\lATE ROAD AND UTILITIES l~SEMlNT SHO"IIN ON LOTS 8 AJ<O 9 IS FOR THE BENUTT a, LOTS! A>IO 9. THE Q\1,tj£RS OF LOTS 8 AND 9 ARE HEREBY IIESPONSIBI..L FOO IHE "'/\INTI:NAJ<CE Of THE Pl!IVATE ROAO ANO UTILlTr fACIUTIES .,.TH .. SAID EASEMENT. 18 THE 19 l'OOT PRI\/AlE RO/,{) AAO unuTJES EASEMENT SHOVIN Ct1 LOTS 10 Al<O 11 IS HJH THE BDIETIT Of LOTS 10 ANO 11 THE ov,,m:1s a' LOTS 10 ANO 11 A!IE HERESY RESPOt<SIBLE 100 THC .. AINllcNAJ<CE Of TH£ PRIVATE ROl,D MO Ull..JTY fACIUTIES lfl!THIN SAID E/\SOIEIH. 19 THE ,e FOOT PRW/\TE 110..0 AAO UTILITIES EASEME'!T SIW\'it< OH LOTS 12 ANO 13 IS FOR THl tll.NU-IT ~ LOT'S 12 ANO n. TH£ 01\0iERS 0. LOTS 12 AAO 13 AR( HEREBY RESPONSJBU: FCII lliE MAINfENANC£ Of THE >'RIVAn ROl,D ANO UTIUTY FACILITIES 'MTH'N S/\ID EASEMENT 20 "TH( 26 F"()QT PRIVIITI: ROAO EASE .. EMT Sl<OMI Cl-I LOTS H !HAWG>! 17 ,S FOR THE BENEFIT OF LOTS 14 THROUGH 17 1W <)11,tj(IIS OF LOT'S H lliROO()I< 17 A!IE HEREBY RESPC..SlSLE fOR THE MAlff!EtlANC( Of THE PRIVATE IIOJ.Xl llll"THIN SAiO £/\SDIE>IT, 21 THE 19 FOOT PRIVAT( ROAD Ai;() UT1!_1T1ES E~SEMENT SHOVIN ON LOT'; 19. 20. 21 Al<O 2J IS FOR THE BENEFIT Of LOTS 19, 20, 21 ANO 2J THE 0!!,tj[R$ OF" LOTS 19. 20. 21 /\NO n ARE HERt.SY RESl'Ot/Sl8LE fOR THE M~INTEN/<NC£ OF" THE PRIV/\T( II0"41 AAO vnurr FACILITIES lfl!TH<N SArO [ASEME'!T. 22 THE 19 FOOT PRIV~TI: ROl,D ANO unuTIES EASDIENT SMOVIN OH LOTS 22. 24, 25 AND 26 IS fOR me BCNEfll Of LOTS 22, 24, 25 AISO 26. THE Ov,,,,ERS Of LOTS 22, 2{. 25 ANO 21:l ARE '1ER£BY f!ESPCtlSIBU: FOR ll1t. MAltfTEttAN(:£ Of THE PRl¥/\TE RO/,{) .o.i;D VTIUTY FIICILITIES ""THJN SAJD EASEMENT 13 TH[ 5 roor PEDESTRIAN ACCESS E/\SEWENT $!jQ!!,tj CW. LOTS lJ. 14 Al<O 15 IS HD!EBY CRANTEO ANO CON\/EYEO TO lliE arr or RENTON FOR PUEUC, NON-MOTORIZED. PEOESTR1AJ< ACCESS. THE CIIT Of RENTr:J< IS HEREBY R(!PONSIBLE fOR THE Mi,JNfENAl<C( Of PEOESTil1/\N ACCESS FACIUTIE'S VIITHIN SAID EASOAENT 24. THE arr Of RENlON SMAl..l H/1\,[ THE RIGHT TO ENfER THE PRIV~l[ ORAINAC( EASEMENTS SHO'IIN -°" TO REPAIR Al<Y OEflCIENOES Of Tl<E OR.._..A<X FACIUTY IN THE El/ENT THE OVINER(s) IS/ARE N(GU!DH IN TH( W/\JNTFNANCE OF" THE DRAIN/\GE FAOLITIES. TMES( REPAIRS SH/ILi. 8E M THE 01\tlER(S) COST. REFERENCES ! :IND AMF.:NDMIJ,T TO MHCREST ~ll,\(;£ COOCX'.NNIUl,I RECOR[ll~O NUMBER 20100211000026. 2. OOCHNAHL 81NOING SlfE Pl.A>l RECOROINO HLIW8€R 92121$1605. 3. PUT Of l.AURELHUFlST PiaASE I RECOROING NUMl:i(R 20050419000<.80. 4 PUT Of l.AUF!fLHIJRST Ol"'SION ~ REC(IR[llff() NU .. B(R 201112()6(1()1)466 5. LOT UN[ AOJIJSTMENT lUA-05-031-ll.A RECOl'IOING Nl.lMElcR 2ooso11~900009 6. />LO.T Of" RIOOC\IIEW COO/lT RECOIIDING NUWEl(R 200tl07H000285 7 SUR'IEY BY CENTR( POINTI: SURYE'IING DATED Ai"IIIL ~-2005. 6 Pll~A!IY PLAT Ml,I' BY COl«£PT E:NGU,IEERIIIIC) 0/\TEtl FEll!lU/\RY 1. 2012. 9 EN~EO!ING PLAAS BY CONCEPT ENGIMEEIUNO OATED JJLY 31. 2()12 Axis Sun,ey ill, Mllpping -·--·- J:l()l)5NJ:126lhl'!. KJ!tl;!.Alfil, >l'A ~0:H TR.. 425.8:>3-5700 FAA ~25 S?l-6700 Jm,o 13-087 12/20/13 DRAWN BY JM SCALE N/A fOUND 1/~" BRASS Ptl IN C~ l,HlNUl.1ENT 00'/IN 0.W IN CASE. QTY Of RENTt:lN CoP.IROt. l'OIHT 11503 (7/2013) 118'0YOO"w -"'T I I I I I I I I I I I I I 2S85.n· CIMARRON TOWNHOMES A PORTION OF THE NE 1/4 OF TIIE NW 1/4 SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CllY OF RENTON, JUNG COUNTY, WASHINGTON CITY OF RENTON FILE NUMBER LUA-12-008, CU-A, SA-A NE4THST SHEET 3 OF4 FOUNO 3° SIJRF".o.c( l,!ONIJWFJ;T ST.o.MPCO 'l<lNG COUNTY SUR\oEY I.ION 10-15" (7/201J) 1282~ D©,(;l--Ulr'8~--Ul ll.~.~- 11i. 163 / !~@$_ in? NB8 '1B"W U .... A lU.:t\.--0&..'W'h.JLA l'S!Eit;. !MO. roOO!i)'t1~ W1"C ~ ';if'' :It$ ,,.:.is·: '00' ,oo +·,e© .. ,---, .. k---_J __ ,1 (j)10· .. .. I: 1200·;, " @13' ,_ __ _ I ,0 ,--------T, ~.oo· G)w i :.-: ~oo· Nsa"05·ww 11111 ,oo NOl;..'W"E ~.49' """". ' • _ :-:-10·(1) • [I] '"' <l<-{:"""'.,-,.-Jc'-------'N~W~ _ 1su,· 1 1 NE 3RD COURT -- I ·, ~ 7.5' \1110[ PSP&!_ 1 I -~· R~. ~-5815528 l•- 1 FOUND PIJNC!j 1W DOl,lfO 9RI.SS OISII IN 4"•4" CONCRETE MONUMENT IN CASE. (7f201JJ I I I I I I I I I FOUND \ 0 IRON ?Ft o.1'N.x0.2·w. I I I I Ulz I I I I Ul I I ~ i: ". I I ~I// ~ : j ; i / I I I I I I I I _J_ 1r-,,,,,,+~ ' ~ 16 15 ~~~1~~ ---L __ CALCULATED POSITIOO PD! PIAT Of RIDa:'OIEW COURT CHY Of RENTON CONTROt. POl"IT ,..76 (Dm' 4.00', 4 • l!i!l.99' fOIJr<I 1" IRON ~PE 0.2'N . .0.1'W. [l{jf1J' ~ [:((;;£['"1 $1001 S " GRAPHIC SCALE j j lf8!~C. !M-D. 7~ t -i1;1----~'"bit~f+I~--.... '" l'.,,30' • '· T 1.lO~ SYMBOL LEGEND • • • L, D sn STANDARD I.IONU"[~T (TO 8£ SET) SE:! RrBAR mo !'.:AP "AXIS 38011· (TO BE SET) FOVNO AS NOTW FOLINO MDNIJM(NT AS NOTEO SEE mu: NOT!:S LOT ~ S~E(T 2 5EI TITH NOif$ lOT J SHEET 2 Axis Su~vey & M"'pp,ng ----·-1300'.i NE 126,h PL llMIJ.A.'ID,\\'AfIBIJ:1•1 n1. ,n.sn-,700 FAX ,J;Jl;:1---6700 •• EASEMENT LEGEND (9 PRIVATE UTILITY EJ.SE'IIENT il) f>W£STI1:1AN ACCl:55 U\SEMENT @ OTY OF RENICI< .,.ATER U\~ENT 'Z) arr ~ RENTOH l)IUIN~GE E"'50.IENT @ 10',20' ENT!!,-F'E:ATI.IRE EASEW£NT J0Bt,'O, 13-087 CALD.!L.IITED POSITION PEIi PLAT CF RIOOE',IE',11 COURT CITY OF REN1CI< COlfJl!ct. UAU 12/20/13 POINT f1~5 DRAWN BY JM 1 " sc,u !"=30' . " !@ii: • ~a ~ ; • z ~ r:<: o, ~ ::E ~ r:<: "' .• 8 ; z " ; >s " CIMARRON TOWNHOMES A PORTION OF TifE NE 1/4 OF TIIE NW 1/4 SECTION 15, TOWNSHIP 23 NORTII, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON crry OF RENTON FILE NUMBER LUA-12-008, CU-A, SA-A UO!:llM .. ~L ~.s.r. NBe'Oll'lll•w 52.70' .. 2,J04 so. n. 94.20' Vi, 1~/!P(!l$.1~ .. 3,525 5(1. FT. 7.75' -;--t----,,.25' ·-+--~19'~ .. 2,06-4 SO. FT. .. 2.467 SO. FT. 14RO" 54.29' .. l,40c4 SO-FT. ,. 2.588 SO. FT. 29J.!! ' '4-201' z= SQ. FT. ,:..: smET4 OF4 ~ LA ILflll~~:n aLlfo',, 1~~"· ~,:;. '1<1>m,11111100©,ua ll.©Tit El.91' 14.60' ' 2.!1111 so. f"T. ' ' ,o· _._____, ' ' ' ' 61.91' • 2.081 so. FT. 9· wQ) 61.91' • 2,[)!16 SQ. FT. NE3RDCOURT ~1)J"~ ,;(; , ;i, i}'" : >--------;c;;--_.;. _ _.;.-J~ I 61 ;,· . , ' 1,5~ SO. FT. • 1,~Q Sl:l. FT. 52.00' ·---~~-·-··-- ' ' :1.&20 SO. FT. 3200' • 1.920 so. 32.00' --------'S's--.c.-=-;-l~"f.,i ' I <...... ·~1.,..o1------::/ 1 3400' C ,. H88'09'J5"W 159.gsi' 53.73' N!lll'll9'J5"W c;:. ~1 •o?.81' ,, ;, ' "' •• 2.0Ga so. n. 19'1%l 15'$) 61.9!' " 2.12!1 so. FT. 62.4.j" .. 1,876 SQ. FT. EASEMENT LEGEND Q) PRJVAJE ROM/ ANO \/TIUTY EASEMDH ., LINE " " CURVE C " " " UNE TABL.£ BEARING .. CURVE T/\Sl.£ [l{t:~P., 1515@15 ti:t'tEtC. li"JO. 1500©00M5 LENGTH 20 10 DELTA ANGLE RADIUS LENGTH " ~. 7• T ' ' " 2.221 SO. FT. " 2,Us sa. fT. 15' ,~· :. ~r----o's'·'s',· s,;,--h---f---",L __ .;c;;"c,,:__ ___ ~ 66 55' 52 22' 67,n' GRAPHIC SCALE ' O ZU 1"=20' 1~' WIil[ FlJLLV S1Tr-OBS0JR1NG LANOSC1,PE OOl'!'ffi ,,. . ---r -3 Axis LJOOINE 12611,PI. K!RllAND, WA '1!10,)4 m. 42S.S23-5700 FAX42>8B-G700 Surv .. y & Mapping --~ 13>,5· --+t----1 " . 1,850 SQ FT. ~ .. __ 2,n,5 SQ. FT. :.,~(,,!¥JEI.Jtt11R~rr ow. a Vi. 253 I P:GS. 81..00 " 1,1111.'1 SQ. FT. " :1:,970 SQ. rT T ,,. 1.3J,8J' JOB NO. 13-087 DATE J 2/20/13 ' DRAWN BY JM •.20· SCAI.E 1"=20' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Cimarron Townhomes Final Plat LUA14-000108FP ) ) ) FINAL PLAT APPROVAL ) ) ) ) ) ________________ ) Summary The applicant has applied for final plat approval of Cimarron Townhomes Final Plat. The final plat is approved subject to conditions. Testimony 19 No hearing is held on final plat applications. 20 21 22 23 24 25 26 Exhibits The following documents were considered in evaluating the application for final plat: I. 2. 3. September 3, 2014 staff report. September 3, 2014 memo to Phil Olbrechts from Jan Illian. December 20, 2013 plat map. Findings of Fact Procedural: FINAL PLAT -1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I. Applicant. Conner Homes LLC 2. Hearing. No hearing is required or held for final plat applications. Substantive: 3. Description of Proposal. The applicant is requesting final plat approval for a 26 lot subdivision. The subdivisions received preliminary plat approval on March 26, 2007 hy the City of Renton. The subdivision is located at 320 Bremerton Ave NE. 4. Consistency with Preliminary Plat Conditions. The applicant has complied with all preliminary plat conditions of approval, as detailed in the staff report, Ex. I, the findings and conclusions of which are adopted and incorporated hy this reference as if set forth in full. Conclusions of Law Procedural: I. Authority of Hearing Examiner. RMC 4-7-11 O(C) provides that the hearing examiner shall approve all final plats. Substantive: 2. Applicable Standards. The RMC doesn't contain any standards for final plat approval, other than to require that "the final plat shall conform with only minor modification to the preliminary plat." RMC 4-7-110(A)(2). As determined in Finding of Fact No. 4, as conditioned the plat conforms with all preliminary plat conditions of approval or will be bonded to comply with any outstanding conditions. DECISION The final plat application is approved, subject to the following condition: I. All applicable fees shall be paid prior to recording of the final plat, except those fees expressly deferred to a later date by the preliminary plat conditions of approval or City ordinance. Dated this 15th day of September, 2014. FINAL PLAT -2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-l lO(E)(9) and/or RMC 4-8-l lO(F)(l) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-11 O(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-l lO(E)(8) and RMC 4-8-IOO(G)(4). A new fourteen ( 14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FINAL PLAT -3 Denis Law Mayor February 14, 2014 Evan Mann ESM Consulting Engineers 33400 s'h Ave S. Suite 205 Federal\/Vay,1/VA 98003 FR-[) Lt.......,._,._~ Department of Community and Economic Development C.E. "Chip"Vi ncent, Administrator Subject: Notice of Complete Application Ci.marron Townhomes (formerly Bremerton Avenue Townhomes) LUA14-000108, FP Dear Mr. Mann: The Planning Division 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) 430-7216 if you have any questions. Sincerely, Jan Illian Project Manager cc Alan Boeker / Owner{s) Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov • City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION BREMERTON AVENUE PROJECT OR DEVELOPMENT NAME: NAME: TOWNHOMES LLC Cimarron Townhomes Final Plat Attn: Alan Boeker (formerly Bremerton Ave Townhomes) ADDRESS: 1518 1ST AVES PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 330 Bremerton Ave NE, 98059 CITY: Seattle, WA ZIP: 98134 344 Bremerton Ave NE, 98059 TELEPHONE NUMBER: 425-646-4411 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S) 152305-9035 & 152305-9193 APPLICANT (if other than owner) NAME: See above EXISTING LAND USE(S): Residential PROPOSED LAND USE(S): COMPANY (if applicable): Residential Townhomes EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: Commercial Corridor PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: ZIP: (if applicable) N/A EXISTING ZONING: TELEPHONE NUMBER: Commercial Arterial CONTACT PERSON PROPOSED ZONING (if applicable): Not Annlicable NAME: Evan Mann SITE AREA (in square feet): Approximately 81,021 Sq Ft (impacted area) COMPANY (if applicable): ESM Consulting Engineers SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 16,195 sf ADDRESS: 33400 8th Ave S SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 805 sf PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Federal Way, WA ZIP: 98003 ACRE (if applicable) 17.68 du/ac TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) 26 253-838-6113 evan.mann@esmcivil.com NUMBER OF NEW DWELLING UNITS (if applicable): Removing 2 and constructing 26. Net new units = 24. \ \Esm8\e ngr\ESM-JOBS\258\043 \013 \doc um ent\Maste r Application .doc . 1 . 03/11 • )J ECT INF ORMA T,-,__I O=---cN:_::___1_( c:c_:o:..:_n'-----',=ue=d=I ) _______ ~ NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: $ 1. b8 Million 2 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NIA IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): NIA SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A D AQUIFIER PROTECTION AREA ONE SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL D AQUIFIER PROTECTION AREA TWO BUILDINGS (if applicable): N/A D FLOOD HAZARD AREA sq. ft. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA D GEOLOGIC HAZARD sq. ft. NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if D HABITAT CONSERVATION sq. ft. applicable): NIA D SHORELINE STREAMS & LAKES sq. ft. NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NIA D WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the followina information included\ SITUATE IN THE __ NW __ QUARTER OF SECTION _15_, TOWNSHIP _23 N_, RANGE _5 E_, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Namels) Alan Beeker , declare under penalty of perjury under the laws of the State of Washington that I am (please check one) __ the current owner of the property involved in this application or _X_ the authorized 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. Signature of Owner/Representative Date Signature of Owner/Re,l:\(~l/i\'!ii,\l~i:1111 .·· .,.o"' 1.:·. -6~ 11,1 /,~~ ....... :::.~\~""•1,~Jt-1: STATE OF WASHINGTON ) : :<":$"~-IV~,,~',, ) ss I 0 ffo~ +OT "l-9 '9-\ ":P-. l;, ::-: -~ -,;.iz ~ ) ,".'· .::-0 _ • rn~ :::: ~ ~ .... tfJo# - I certify that I know or have satisfactory evidence that A lM ZI Boe>kc.('~ (,..:,··, 4ua,}0 'f 1 signed this instrument and ac~nowl~dge it to be his/her/their free and voluntary act for the\.,;;,,.'\)) .. {)<.:. " . ~1 f uses and purpose mentioned m the instrument. "'~,.;\:.;·'111t,~~--.·. · ~ · •• : Q.· •,,I" WA::,'"'''~./ COUNTY OF KING Date 1;2. / 1:i )_13 ,··-,:,.;: ,,... S1)t,,)1&7] ,f--i · u:1£1ClC2fvL-- Dated ./' .. ·· .... :~.::::-'<'~~,i~\ :::::~:r~~i:in~d~r:~:~f:shin;n(G(){I~ "I ..._ .{ '.) My appointment expires: _,_j,._QL-l}_q_L..f/--'--1 L\:_.-___________ _ r I t ,: ~- "f :.~:? -,,\\,ii'... ..,,: .. \'·?_\·~~ .,;/ C:\Users\kentb\AppData\l~~t\~i..r~~indows\ Temporary Internet Files\Content.Outlook\ZEHJ BN B7\Master Application (2).doc -2- RECEIPT EG00018844 BILLING CONTACT Alan Beeker Bremerton Avenue Townhomes LLC 15181ST AVES SEATTLE, WA 98134 REFERENCE NUMBER FEE NAME ~--·~~" --·-~-----=••=••= LUA14-000108 PLAN -Final Plat Fee Technology Fee Printed On: 1/29/2014 Prepared By: Vanessa Dolbee ---- ____ m TRANSACTION TYPE ~=~ ··~--~ ~~- Fee Payment Fee Payment Transaction Date: January 29, 2014 PAYMENT METHOD ~heck #554 theck #554 SUB TOTAL TOTAL AMOUNT PAID - $1,500.00 $45.00 $1,545.00 $1,545.00 Page 1 of 1 PLANNING DIVISION WAl\i t OF SUBMITTAL REQUet=MENTS FOR LAND USE APPLICATIONS Plat Name Reservation 4 p~~ppiip~i8~ ty1~~1rn~ ~~rn!ii~ri4••••••••••n•·•••••··•····----- Public Works Approval Letter, R~n~~iiif~/ipr pi~n r• •••••·••n·•·•·•>·········--- Applicant Agreement Statement 2 AND, Inventory of Existing Sites 2 AND, Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND 3 Photosimulations ,AND, This requirement may be waived by: 1. Property Services 2. Public Works Plan Review 3. Building 4. Planning Mbr>1t1eb ••••••••~xH•••••• PROJECT NAME: C.1 M tXl'li'{\ I 2,(Qitl(J/{?v) 4~1 ka-wc.)_) DATE: /2.-I 11 / 13 PLANNING DIVISION WAIVER : SUBMITTAL REQUIRE. :NTS FOR LAND USE APPLICATIONS Calculations 1 Construction Mitigation Description 2 AND• P~~~•pfiRir1hi;<'#tw~%P~~i~@m• :, • ur •>') · · Density Worksheet 4 Drainage Report 2 §l~~i@n,~, ,§-p~lt~pty/~i~At<~·~· •• u . .• Environmental Checklist 4 §m~ttij9'iv~hil~t~t~1•9'?i?>:~~··•·•••·••••·•·•·•············· Existing Easements (Recorded Copy) 4 ~~·m~~~@w~r •••••••·•··· r•·••······················ · Floor Plans 3 AND• Irrigation Plan 4 ~lhij w~r!Y~#~~~r:~·Mi•im~1~1irs•~1~g••••••••••••·•·• Landscape Plan, Conceptual• t~nW#~~Wim~tt1P1~~1!~~/ t• <>··•·•········ . Legal Description 4 ~cif§ii~iirls ~it~ @#h~iti#h~~•••••••••••••••·•·•n >········ ·· Master Application Form 4 ~Hmim!P~r#~{<ih1 /:!~fmi#@m~?t! ;:·••I n•••>· Neighborhood Detail Map 4 A%ih~ihfttrf~~~·~·~~hijp~p@i@~i~#i~•~••••:·• Plan Reductions (PMTs) 4 This requirement may be waived by: 1. Property Services PROJECT NAME: /\ u roeo:12b 2. Public Works Plan Review 3. Building 4. Planning DATE:_,_r=+-zJ\~7,_,_/1 _3 ---- I i.LLD.Oaiad o.,,,s-1 c1@l!!e,,i,($_¢'-li I leiil I ia,,doulsd la11J11119,na1ve,ols-.:.1bi,..tful.eqs.xis M,eJ December 20, 2013 Ms. Vanessa Dolbee Senior Planner City of Renton Planning and Development 1005 South Grady Way Renton, WA 98057 Job No. 1241-006-005 RE: Cimarron Townhomes (Formerly Bremerton Avenue Townhomes) Final Plat Application Dear Vanessa: We are submitting to the City of Renton an application for Final Plat for Cimarron Townhomes (formerly known as Bremerton Avenue Townhomes). This letter will serve as the Confirmation of Compliance with all Conditions of Plat Approval. The project went to a hearing examiner two times for review. The first set of conditions are from the Hearing Examiner's Decision dated January 8, 2007 and include conditions associated with the Determination of Non-Significance Mitigated dated November 20, 2006. The second set of conditions are from the Hearing Examiner's Decision dated May 21, 2012. For simplicity, I have broken this letter into three sections to address the conditions based on the date they were received. I have also copied the original condition in bold and our actions to meet the condition in italics. Conditions from the Hearing Examiner's Decision dated January 8, 2007: ESM Fitdual Way 1. The applicant shall comply with all requirements of the Determination of Non-Significance -Mitigated that was issued by the Environmental Review Committee on November 20, 2006. See below under the section for Determination of Non-Significance Mitigated dated November 20, 2006. 2. Demolition permits shall be obtained and all inspections completed on the demolition of the existing residences and detached accessory structures prior to final plat approval. Demolition permits were obtained through the City of Renton Development Services Division and the homes were demolished per City code and all inspections have been completed with regard to demolition. ESM Everett 334DO 8th Ave S. S1e 205 Federal Wa~. WA '8003 253.838.6113 tel 800.345.5694 toll frea 253.838.710/i ru 1010 SE: E:verall Mall W1Jy. S111 210 Everett. WA '8208 <125.297.9900 lei 866.415.6144 loll tree 425 .297 '901 tax Ms. Vanessa Dolbee December 20, 2013 Page 2 3. "No Parking" signage shall be placed along the private access easement that extends off of the southern terminus of NE 3rd Court and serves the two triplex structures. A note addressing the "No Parking" signage has been added to sheet two of the final plat plan set It can be found under "PLAT NOTES" and is note number 1. "No Parking" signage has been installed along the private access easement that extends off of the southern terminus of NE 3n1 Court 4. A homeowners association shall be created concurrently with the recording of the final plat In order to establish maintenance responslbllltles for shared roadway, stormwater and utility improvements. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the final plat A homeowners association DRAFT has been prepared and will be recorded and created concurrently with the recording of the final plat. The homeowners association will establish maintenance responsibilities for shared roadwar, stormwater and utility improvements. The draft has been included with this Final Plat application for review by the City of Renton Development Services Division. 5. The preliminary plat map shall be revised to extend the private access easement located off of the southern terminus of NE 3rd Court to the southern property line, A revised preliminary plat map shall be submitted with the Utility Construction Permit application to the Development Services Division project manager for review and approval. The plat has been revised to extend the private access easement located off of the southern terminus of NE 3rd Court to the southern property line. That extension and construction has been approved by the Development Services Division project manager and is shown on the Final Plat. 6. A Tree Retention and Replacement Plan shall be submitted with the Utility Construction Permit Application to the Development Services Division project manager for review and approval, The plan shall detail tree protection measures to be implemented to ensure survival of retained trees and shall Include a planting plan showing the species and location of replacement trees. Ms. Vanessa Dolbee December 20, 2013 Page 3 A Tree Retention and Replacement Plan was submitted with the Utility Construction Permit Application to the Development Services Division project manager. It included sufficient detail regarding protection measures and a full planting plan for replacement trees. We have included with this application a copy of the approved Tree Retention/Replacement Plan. 7. Either the building elevations shall be revised showing additional architectural detailing on the front facades of the buildings proposed to be located on Lots 19,21, and 22 such that the facades would no longer qualify as blank walls, or the site plan shall be revised to provide a minimum 10-foot front yard setback for the structures proposed on Lots 19, 21, and 22, The revised elevations or site plan shall be submitted to the Development Services Division project manager and the Hearing Examiner before reviewing by the City Council. The building elevations were revised and approved by the Development Services Division project manager as part of the building permit review process. All proposed buildings comply with the design standards of the City of Renton with regard to facades. 8. A revised site plan shall be submitted to the Development Services Division project manager and Hearing Examiner providing a 15-foot maximum front yard setback for the structures proposed on Lots 9, 1 0, 20, 23, and 24. The setbacks for structure on proposed lots 9, 10, 20, 23, and 24 have been revised to show a 15-foot maximum front yard setback That site plan was submitted as part of the final stages of land use approval and all buildings will comply with the setbacks. 9. Either the building elevations shall be revised showing additional architectural detailing on the side yard along a street facades of the buildings proposed to be located on Lots 13, and 21-23 such that the facades would no longer qualify as blank walls, or the site plan shall be revised to provide a minimum 10-foot front yard setback for the structures proposed on Lots 13, and 21-23 The revised elevations or site plan shall be submitted to the Development Services Division project manager and Hearing Examiner for Lots 13, and 21-23. The building elevations have been revised and are being reviewed as part of the building permit All proposed buildings comply with the design standards of the City of Renton with regard to facades. Ms. Vanessa Dolbee December 20, 2013 Page4 1 0. A revised landscape plan shall be submitted with the building permit application for Lot 15 to the Development Services Division project manager for review and approval. The revised landscape plan shall replace the proposed 10-foot sight-obscuring landscape strip with a 15-foot wide landscaped visual barrier along the southern property line. A revised landscape plan was submitted and approved by Development Services Division. We have included the final landscape plan with this application. 11. A revised preliminary plat map shall be submitted to the Development Services Division project manager and Hearing Examiner for review and approval prior to the approval of the plat The revised preliminary plat shall show the removal of the proposed 5-foot pedestrian access easement along the southern property line connecting to the property to the east The 5-foot pedestrian access easement was removed along the southern property line and is not shown on the final plat plan. 12. The site plan shall be revised to include a maximum of 1 compact parking stall within the private garages of proposed Lots 1-6. The revised site plan shall be submitted to the Development Services Division project manager and Hearing Examiner for review and approval for Lots 1-6. Adequate parking per the Renton Municipal Code has been provided as necessary in the garages and as necessary within the plat. 13. A modification to the Refuse and Recyclable Deposit Area regulations shall be submitted with the building permit applications for the triplex structures. The modification shall request the exemption of these structures from the common collection area requirements of this section if Waste Management determines that common collection areas would not be required. The modification request shall address the criteria outlined in RMC 4-9-250D. City of Renton Solid Waste Coordinator Unda Knight in an email dated December 19, 2013, indicated that the City would allow an exemption from the common collection area requirement. This correspondence was circulated to the Development Services Division planning project manager. As such, all units in the Final Plat will utilize curbside service. 14. Revised building elevations shall be submitted at the time of building permit application to the Development Services Division project Ms. Vanessa Dolbee December 20, 2013 Page 5 manager for review and approval. The revised building elevations shall show a minimum of 4Y:i feet of weather protection over each side and rear secondary pedestrian entry, addltlonal plane changes or material variation along the base of the front facade of Building A and the rear facades of Buildings B-F. The weather protection proposed over the primary entrances to Buildings G-H shall be revised to mimic the pitch and materials used on the roofs, and the rear facade of Buildings J & K require additional modulation and articulation. Revised building elevations have been prepared and will be submitted at the time of building permit. The revised building permits address the above issues regarding weather protection of pedestrian entry ways, material variation, pitch, etc. 15. The lot lines between Proposed Lots 21 and 22 and 23 and 24 could be shifted to provide additional street setbacks for Lots 2 I and 22. If that is not possible, then one or both of those lots should be eliminated providing larger lots for the remaining homes in the cluster of Lots 19 to 26. Additional street setbacks are not necessary with the current design and as such lots 21 and 22 remain. All buildings on all lots will meet setbacks as established by Renton Municipal Code. 16. The applicant shall submit modified plans that satisfy the conditions imposed by staff and staff shall review those plans and make a final recommendation on their suitability to the Hearing Examiner. The applicant has submitted modified plans that satisfy all conditions imposed by staff and all approvals have been given to proceed with construction and finalization of the plat. Conditions from Determination of Non-Significance Mitigated dated November 20, 2006: 1. The applicant shall comply with the recommendations found in the geotechnical report prepared by Earth Solutions NE, LLC, dated July 19, 2006. All recommendations laid out in the geotechnical report prepared by Earth Solutions NW have been followed. The proposal has relied heavily on that report in preparing road and storm plans as well as the proposed foundations of the buildings. All grades, subsurface material, and compaction recommendations have Ms. Vanessa Dolbe(, December 20, 2013 Page 6 been followed and inspected by the City of Renton inspector throughout development. 2. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the Stormwater Management Manual and provide staff with a Construction Mitigation Plan prior to issuance of Construction Permits. This condition shall be subject to the review and approval of the Development Services Division. A TESCP was prepared and submitted to City of Renton. Prior to site construction the TESCP was approved by Renton and all construction activities have been consistent with that plan. 3. The detention system for this project shall be required to comply with the requirements found in the 2005 King County Surface Water Design Manual to meet both detention (Conservation Flow control-a .k..8. Level 2) and water quality improvements. The stormwater system was designed per the requirements found in the 2005 King County Surface Water Design Manual A storm drainage plan was submitted for review by the City of Renton and was approved. All construction efforts have followed that plan and meet the requirements for both detention and water quality. 4. The applicant shall pay a Parks Mitigation Fee based on $530.76 per each new single family lot Fees will be paid at the time of building permit issuance. 5. The applicant shall pay a Traffic Mitigation Fee in the amount of $75 for each new net daily trip prior to the recording of the final plat It is anticipated that the proposed project would result in the payment of $9,991.50 (152 net new daily trips x $75 ., $9,991.50) Fees will be paid at the time of building permit issuance. 6. Staff recommends that the applicant pay a Fire Mitigation Fee based on $388.00 per new single family lot prior to the recording of the final plat The fee is estimated at $9,312 ($388 X 24 ., $9,312). Ms. Vanessa DolbeL December 20, 2013 Page 7 Fees will be paid at the time of building permit issuance. Conditions from the Hearing Examiner's Decision dated May 21, 2012: 1. The applicant shall comply with the 6 mitigation measures issued as part of the Determination of Non-Significance Mitigated, dated November 20, 2006 (Exhibit 10). See above analysis for compliance with the Determination of Non- Significance Mitigated, dated November 20, 2006. 2. The applicant shall be required to comply with all conditions of approval Included In the decision under LUA06-133 (Exhibit 17), unless changes included in this application make those conditions non-applicable. See above analysis for compliance with the Hearing Examiner's Decision dated January 8, 2007. 3. A final landscape plan shall be submitted for review and approval by the Current Planning Project Manager prior to construction permit Issuance. The final landscape plan shall meet the requirements included in RMC 4-8-120D and shall include details of the refuses and recycling screening. A final landscape plan was submitted and approved by the current planning project manager. A copy of the final landscape plan is being submitted with this application. 4. A new site plan shall be provided showing the refuse and recycling facility a minimum of 15-feet from the east property line. The site plan shall be reviewed and approved by the Current Planning Project Manager prior to construction permit issuance. The refuse and recycling facility has been move a minimum of 15- feet from the east property line and the revised site plan was reviewed and approved by the Current Planning Project Manager. 5. Additional modulation shall be provided along the rear of the proposed buildings that meet the minimum modulation standards of Design District 'D'. Compliance with building modulation standards shall be provided in the Building Permit Application and shall be reviewed for approval by the Current Planning Project Manager. Ms. Vanessa DolbeL- December 20, 2013 Page8 Additional modulation has been designed along the rear of the proposed buildings that meet the minimum modulation standards of Design District 'D'. This will be provided in the Building Permit Application and will be reviewed as part of that process. 6. The recreation easement area shall be placed in a recreation tract as a part of the final plat {LUA06-133). Tract A has been provided on the Final Plat and includes recreation area. 7. All resldential units shall comply with the following Design District 'D' standard: a. On any facade visible to the public, transparent windows and/or doors are required to comprise at least 50 percent of the portion of the ground floor facade that is between 4 feet and 8 feet above ground {as measured on the true elevation and Untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways are prohibited. A wall {including building facades and retaining walls) is considered a blank wall if: {a) It is a ground floor wall or portion of a ground floor wall over 6 feet in height, has a horizontal length greater than 15 feet), and does not include a window, door, building modulation or other architectural detailing; or {e) Any portion of a ground floor wall has a surface area of 400 square feet or greater and does not include a window, door, building modulation or other architectural detailing. Compliance with building modulation standards shall be provided In the Building Permit Application and shall be reviewed for approval by the Current Planning Project Manager. All buildings will meet the minimum standards of Design District 'D'. This will be provided in the Building Permit Application and will be reviewed as part of that process. 8. The applicant shall provide a lighting plan that adequately provides for public safety without casting excessive glare on Ms. Vanessa D0lbe1., December 20, 2013 Page9 adjacent properties for review and approval by the Current Planning Project Manger prior to construction permit issuance. A lighting plan has been prepared as part of the Final Plat process and is included with this application. The lighting plan provides for public safety and site illumination meeting the requirements of Renton Municipal Code. 9. The project is required to show any and all existing storm drainage easements and secure any necessary drainage easements Involving the adjacent and downstream parcels of land prior to approval of the construction drawings by plan review. All existing storm drainage easements and all proposed drainage easements are shown on the final plat. Prior to construction the storm drainage plans were reviewed and approved by City of Renton. We feel that the applicant has complied with the conditions as set forth by the Hearing Examiners and the Environmental Review Committee. Based on the completion of the site development and necessary improvements along with any performance guarantees that may be required, we request that you approve the final plat for recording. Should you have any questions, or require additional information please contact me directly. We look forward to working with you. Sincerely, ESM CONSULTING ENGINEERS, LLC :iJ::!l Project Planner Enclosures cc: Rob Risinger Kent Berryman I \esmB\engr\esm-jobs\2581043\013\documentlletter-013.doc ---~~-------~ ----- DEVELOPMENT SERVICES DIVISION ENVIRONMENTAL CHECKLIST '-• ,"r .~-., .... City of Renton Development Services Division 1055 South Grady Way, Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE OF CHECKLIST: Orr -.>/ t -:;- ' The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any addnional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. I :\ESM-JOBS\ 1241\006\005\document\envchlst1 .doc1 0/02/06 A. BACKGROUND 1. Name of proposed project, if applicable: Bremerton Ave. Townhomes Preliminary Plat 2. Name of applicant: Seattle Redevelopment, LLC 3. Address and phone number of applicant and contact person: 4. Owners: Applicant: Agent: Alice Knight, 330 Bremerton Ave. NE, Renton, WA 98059 Charles Ratzsch, 320 Bremerton Ave. NE, Renton, WA 98059 Seattle Redevelopment, LLC Attn: Marc Rousso PO Box 2566 Renton, WA 98056 425-226-9100 ESM Consulting Engineers, LLC Attn: Eric LaBrie 339151" Way S., Ste 200 Federal Way, WA 98003 253--838-6113 Date checklist prepared: September 26, 2006 5. Agency requesting checklist: City of Renton Development Services Division 6. Proposed timing or schedule (including phasing, if applicable): Checklist Review: 3 months Land Use Review/Hearing: 3-6 months Engineering Review/Permitting: 4 months Plat Construction: 4 months Home construction is expected to begin in the summer or fall of 2007. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Level 1 Downstream Analysis prepared by Jaeger Engineering, dated September 22, 2006. Bliss Wetland Reconnaissance Report by Chad Armour & Assoc., dated August 16, 2006. Traffic Analysis/Letter by Gibson Traffic Consultants, dated September, 2006. Geotechnical Engineering Study by Earth Solutions NW, UC, dated July 19, 2006 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None are known. I :\ESM-JOBS\ 1241 \006\005\document\envchlst1 .doc 2 10. List any governmental approvals or permits that will be needed for your proposal, if known. -SEPA ReView -Preliminary/Anal Plat ReView -Conditional Use Permit -Site Plan ReView -Engineering ReView -Right-of-way Use Permit -Building Permit -NPDES Permit 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. This project is proposing to develop 2 existing parcels into 26 townhomes within 12 buildings. The site is approximately 1.86 acres and is zoned C4 (Commerdal Arterial}. The proposed lot sizes will range between 30'-45' x 65'-110' and will typically be 3,400 to 6,400 square feet. There are two existing houses on site, induding out buildings which will be demolished to accommodate the proposed development. The proposal indudes plans for a storm drainage vault to comply with the Oty's storm drainage requirements. The developer will pay a fee in lieu of the recreation requirements for the aty. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The proposed subdiVision is located in the City of Renton on the northeast Hill of Renton. The project is more specifically located off of Bremerton Avenue NE south of NE 4" Street The project is within a portion of the Northwest % of Section 15, Township 23 North, Range 5 East, of the Willamette Meridian. The site address is: 330 Bremerton Avenue NE B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other _____ _ b. What is the steepest slope on the site (approximate percent slope?) The steepest slope on the property is approximately 21 percent in the northeastern comer of the site. The majority of the site is relaavely flat. l:\ESM-JOBS\1241\006\005\document\envchlst1.doc 3 c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The soils onsite consist of alderwood gravelly sandy loam (AgC) soils according to the King County Soil Survey. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. There are no known surface indications of unstable soils on, or in the immediate vidnity of the proposed site location. For more information please see the Geotechnical Engineering Stlldy by Earth Solutions NW, LLC, dated July 19, 2006. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Grading m7! be limited to the constroction of the proposed roads, lots, water, sewer, other utilities, and the proposed detention facility. There will be approximately 4,000 cubic yards of tilt and 500 cubic yard of cut within this project. Any additional import or export of material necessary for this project will be approved at final engineering and obtained from a Oty approved site. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Some erosion could occur during dearing and grading operations assodated with this project. To minimize the impacts of the project, appropriate erosion control measures will be reviewed and approved by the City prior to constroction activity assodated with this project. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? The preliminary plat shows approximately 670 linear feet of new roads associated with this project resulting in approximately 24,600 sf of new impervious road surfaces. The total impervious surface for the site is approximately 58,400 square feet of impervious surfaces, or 72 percent of the site is proposed. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: During constroction, various measures are expected to be used to control erosion. These methods include constroction during the dry season, the use of silt fences and hay bails, and re-vegetation of disturbed areas. Specific temporary erosion and sediment control measures will be reviewed and approved by the County prior to constroction. I :\ESruwOBS\ 1241 \006\005\document\envc:h lst1 .doc 4 ---------------------------------------------- 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. During construction, short-term emissions may occur, including dust and vehicle emissions from construction related equipment. After construction, emissions from this project would primarily result from automobile usage as is typical with residential development. b. Are there any off-srre sources of emission or odor that may affect your proposal? If so, generally describe. None to our knowledge. c. Proposed measures to reduce or control emissions or other impacts lo air, if any: Dust emissions will be controlled during site construroon by the use of best management practices, including periodic watering of disturbed areas. The project will not rely upon wood buming fireplaces as the primary source of heat for the new homes. All new homes will use natural gas and/or electricity to provide heat, reducing emissions caused by wood buming fires. 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river rr flows into. Not to our knowledge. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Not applicable. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantrries if known. No. I :\ESM-JOBS\ 1241 \006\005\document\envchlst1 .doc 5 b. 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? 1) If so, describe the type of waste and anticipated volume of discharge. No. Ground Water: Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals ... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None. c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. The proposed project will provide approximately 670 linear feet or new roads, 10 new rooftops and other impervious surfaces which will generate new stotmwater runoff. The increased runoff from these surmces will be collected via catch basins and routed in underground pipes to a new underground stotmwater detention fadlity. The new homes will either connect their downspouts to the stotm drainage system in the street, or provide an onsite infiltration area for this runoff. (Please see Level 1 Downstream Analysis prepared by Jaeger Engineering, dated 5eptember 22, 2006). 2) Could waste material enter ground or surface waters? If so, generally describe. Waste materials are generally limited to petroleum products from the road surmces. The water quality portion of the stotmwater fadlities is specifically designed to prohibit these materials from entering the downstream system. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: All development and engineering requirements imposed by the Oty to control the impacts to the hydrology of the area will be perfotmed by the proponent These include design of the stotmwater fad/it/es pursuant to the 2005 KCSWDM. l:\ESM-JOBS\ 1241 \006\005\documentlenvchlst1 .doc 6 4. PLANTS a. Check or circle types of vegetation found on the site: ..JQL deciduous tree: alder, maple, aspen, other walnut ..JQL evergreen tree: fir, cedar, pine, other ..JQL shrubs ....lQL grass __ pasture __ crop or grain __ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other __ water plants: water lily, eel grass, milfoil, other __ other types of vegetation b. What kind and amount of vegetation will be removed or altered? The majority of the existing vegetation will be removed for the grading and constnxtion of the project The project will attempt to retain as many significant trees as reasonably possible in areas near the rear of future lots and around the perimeter of the site. This project will meet the appropriate aty requirements with respect tv tree retention and/or mitigation. c. List threatened or endangered species known to be on or near the site. None, to our knowledge. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: The project will attempt to incorporate native plants in the final landscaping design where practical on the site. 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other=--=--=------- Mammals: deer, bear, elk, beaver, other: ,-,.,R.,.o.,,d,,_e,.,nts=.. ______ _ Fish: bass, salmon, trout, herring, shellfish, other _____ _ b. List any threatened or endangered species known to be on or near the site. None, tv our knowledge. c. Is the site part of a migration route? If so, explain Not tv our knowledge. d. Proposed measures to preserve or enhance wildlife, if any: None are proposed at this time; however, rodents and small animals will undoubtedly inhabit the open spaces and buffers within this project. l:\ESM..JO BS\ 1241 \006\005\document\envchlst1 .doc 7 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electricity and/or natural gas will be used to meet the project's energy needs for light and heat b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Construction of the new homes will meet or exceed the necessary energy requirements of the Northwest Energy Code and those adopted by the Oty. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No. 1) Describe special emergency services that might be required. Not applicable. 2) Proposed measures to reduce or control environmental health hazards, if any: None are proposed at this time. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None, to our knowledge. l:\ESM-JOBS\1241\006\005\document\envchlst1 .doc 8 --------------·· --·----------------------------- 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. ConstnJction noises will likely occur on a short-term basis due to the use of heavy equipment, nailing guns and saw.s-. This noise would be limited to typical construction hours and the Oty's noise ordinance. On a long-term basis, noise would be limited to typical residential uses, induding cars and children. 3) Proposed measures to reduce or control noise impacts, if any: Increased noise levels due to construction will be restricted to the abovementioned hours to reduce any impacts to the neighboring residents. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The site is currently used as two single-family residential properties with associated out buildings. The uses of adjacent properties indude single-family residential, commercial, and undeveloped land. b. Has the site been used for agriculture? If so, describe. Not to our knowledge. c. Describe any structures on the site. There are homes on both parcels associated with this project with footprints of approximately 1,200 sf and 2,500 sf. Each home has associated garages and other out buildings induding carports and sheds. d. Will any structures be demolished? If so, what? Yes;. both of the existing homes and all of the associated out buildings will be demolished to make way for the new development. e. What is the current zoning classification of the site? The current zoning is Commercial Arterial, C4. f. What is the current comprehensive plan designation of the site? The current comprehensive plan designation of the site is Commercial Corridor. g. If applicable, what is the current shoreline master program designation of the site? Not applicable. l:\ESM-JO BS\ 1241 \006\005\document\envchlst1 .doc 9 h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. No. i. Approximately how many people would reside or work in the completed project? Based on a household occupancy rate of 2.5 people per single-family residence, we expect that approximately 65 people will reside in the finished project. j. Approximately how many people would the completed project displace? Based on a household occupancy rate of 2.5 people per single-family residence, we expect that approximately 5 people will be displaced by this project. k. Proposed measures to avoid or reduce displacement impacts, if any: None are proposed at this time. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The proposed 26-lot subdivision is consistent with recent development in the area, current zoning, and comprehensive pian designations. The conditional use permit submitted with this application will also ensure compatibility with adjacent uses. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. It is expected that the project will provide up to 26 new multifamily residential units in the middle income level. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. There are two existing residences currenliy on-site, all within the medium income levels. These homes will be eliminated to accommodate the new development c. Proposed measures to reduce or control housing impacts, if any: None are proposed at this time. l:\ESM-JOBS\ 1241\006Ul05\document\envchlst1 .doc 10 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. The Oty's zoning code restricts the building heights of residential structures in the C4 zone to 35'. Exterior materials will typically consist of natural-looking products, induding wood or wood like siding with brick, rock, or shingle accents. Specific materials will be determined by the home builder at the ame of building permit and will comply with applicable Qty regulations and the CUP. b. What views in the immediate vicinity would be altered or obstructed? None. c. Proposed measures to reduce or control aesthetic impacts, if any: None are proposed at this ame. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? light would occur during evening and night ame hours and would be limited to street lights and house lights. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: None are proposed at this time. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? The area has both parks and schools in the vidnity. Two parks in the area are Kiwanis Park and Maplewood Community/Neighborhood Park. The school in the immediate vicinity is Maplewood Heights Bementary. These faciliaes provide recreaaon space such as trails, play grounds, sports fields and basketball courts. l:\ESM-JOBS\ 1241 \006\005\document\envchlst1 .doc: 11 b. Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: nie project is proposing to pay the City's fee in lieu of providing recreational space to enhance current City recreational fadlities. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. Not to our knowledge. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Not to our knowledge. c. Proposed measures to reduce or control impacts, if any: None are proposed at this time. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. nie proposed subdivision will be accessed from Bremerton Ave. NE. Highway access to I-405 will be via NE -f' St which connects to Bremerton Ave. NE (Please see Preliminary Plat for proposed access points). b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? nie nearest public bus access is on NE -f' St and Duvall Ave. (bus route 908). niis bus stop is approximately 0.20 miles northeast of the proposed subdivision. c. How many parking spaces would the completed project have? How many would the project eliminate? Assuming a minimum of 2 parking spaces per household (2-car garage), there will be at least 52 parking spaces provided upon completion of this development, approximately 4 parf<ing spaces will be eliminated by this proposal, equaling a total of 48 new parking spaces. l:\ESM-JOBS\1241 \006\005\document\envchlst1 .doc 12 d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? Approximately 385 linear feet of new public roads and 683 linear feet of private roads, alleys and joint-use driveways will be constructed with this project. With the exception of the joint-use driveways and the private road, all proposed roads and alleys within the project will be public roads. The street frontage along Bremerton Ave. NE will all have to be improved with curb, gutter & sidewalk. e. Will the project use ( or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. According to the Institute of Traffic Engineers Manual, jf' Edition, there will be an average of approximately 10 vehicular trips per day, per household. For the entire project of 24 new lots, that would amount to approximately 240 new average daily trips. Peak volumes would most likely occur during typical rush hour times of 7:00 -9:00 AM and 4:00 -6:00 PM and would add approximately 24 AM peak hour trips. Please see the Traffic Analysis/Letter by Gibson Traffic Consultants, dated September, 2006 for more intiJrmation. g. Proposed measures to reduce or control transportation impacts, if any: The applicant will be responsible ror appropriate traffic mitigation fees, which will otf!;et some of the impacts of the subdivision. Other mitigation includes the construction of frontage improvements and new roads to serve the project. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. There would be a minimal increased need for fire and police protection due to an additional 24 new lots in the area. Also, there will be a minimal impact on the present school system. b. Proposed measures to reduce or control direct impacts on public services, if any. Property taxes, building permits and school impact mitigation fees generated from these residences are expected to mitigate impacts incurred from this development l:\ESM--JOBS\1241 \006\005\document\envchlst1 .doc 13 16. UTILITIES a. Circle utilities currently available at the site: electricity. natural gas, water, refuse service, telephone, sanitary sewer, septic system, other cable television b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Electricity: Gas: Water: Refuse: Telephone: Sewer: cable: C. SIGNATURE Puget Sound Energy Puget Sound Energy Oty of Renton and King County Waler Dist. #90 Waste Management Qwest Communications Oty of Renton Comcast I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misreprezon 0~ wi'.lfu~:::olosure on my part. Proponent: ~ ~~ Name Printed: 8£,,c..-{.,.. L4-f2M2«: Date: ID· 'Z· <Py l:IESM-JOBS\1241 \006\005\documentlenvchlst1 .doc 14 D. SUPPLEMENTAL SHEETS FOR NONPROJECT ACTIONS Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal. or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air, production, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases are: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, flood plains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible wilh existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: I :\ESM-JOBS\ 1241 \006\005\document\envch lst1 .doc 15 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand( s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. SIGNATURE I, the undersigned, state that to the best of my knowledge the above infonnation is true and complete. It is understood that the lead agency may withdraw any declaration of non-significance that ii might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent: Name Printed: Date: ENVCHLST.DOC REVISED 6/98 I :\ESM-JOBS\ 1241 \006\005\document\envchlst1 .doc 16 ··-·········-, i ;;111111;;;1,i ! I I ~t:~tltll!!tl.:;::;;=~ ' ' \ , ,mm;im;i I ! ~ • § ' " ~ ,· ; § I § . ' ---~ ! ' I ' ~ i ' • I ' ---~ I i '!!! 11!! I I; li!l l!.a ;i -~-I fr~H ~; 'Ii '11 ' ' ! 111 Iii 'il '!• I 1 1,i -1 ~ ' " s I ; I ' ' u • ' •' I ,! ; ' I I i, j '" I iw111 a ~ piim a i !8 1111 I ~ I! I ~ ! I ~ ' ,, > z 1\1 "' !" DENSITY WORKSHEET City of Renton Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. 81 021 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: 6. Divide line 5 by line 4 for net density: 16 195 square feet 805 square feet ___ :,O_square feet 2. 17 000 square feet 3. 64 021 square feet 4. 1.47 acres 5. 26 units/lots 6. 17 .68 = 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. \\Esm8\engr\ESM-JOBS\258\043\013\documcnt\dcnsity.doc -1 -03/08 C. ctS ~ >. .., ·-C: ·-0 > .., ctS -a. -ctS C: ·-u. u, Cl) E 0 .c C: ~ ~ C: 0 I.. ctS E E ·-(.) Q) (1) 0 LL. 0 N 0 0 0 ..- 0 0 N BOUNDARY North: 180683.20 East: 1313007.85 Line Course: S 00-41-16 W Length: 329.72 North: 180353.50 East: 1313003.89 Line Course: N 88-09-35 W Length: 133.83 North: 180357.80 East: 1312870.13 Line Course: N 00-44-31 E Length: 115.00 North: 180472. 79 East : 1312871.62 Line Course: N 88-09-35 W Length: 159.99 North: 180477.93 East: 1312711.71 Line Course: N 00-44-31 E Length: 214.99 North: 180692.90 East: 1312714.50 Line Course: S 88-06-18 E Length: 293.52 North: 180683.19 East: 1313007.86 Perimeter: 1247 .04 Area: 78,452 sq. ft. 1.80 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0 I Course: S 54-15-22 E Error North: -0.004 East : 0.006 Precision I: 124,705.00 LOT 1 North: 180536.23 East: 1312765.61 Line Course: S O 1-50-25 W Length: 30.00 North: 180506.25 East: 1312764.65 Line Course: N 88-09-35 W Length: 52.58 North: 180507.93 East: 1312712.09 Line Course: N 00-44-31 E Length: 14.72 North: 180522.65 East: 1312712.29 Curve Length: 23.85 Radius: 15.00 Delta: 91-05-54 Tangent: 15.29 Chord: 21.42 Course: N 46-17-28 E Course In: S 89-15-29 E Course Out: N 01-50-25 E RP North: 180522.46 East: 1312727.28 End North: 180537.45 East: 1312727.77 Line Course: S 88-09-35 E Length: 37.86 North: 180536.23 East: 1312765.61 Perimeter: 159.00 Area: 1,535 sq. ft. 0.04 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 43-42-32 W Error North: 0.005 East : -0.005 Precision !: 15,901.00 LOTZ North: 180506.25 East: 1312764.65 Line Course: S 01-50-25 W Length: 30.00 North: 180476.26 East: 1312763.68 Line Course: N 88-09-35 W Length: 52.00 North: 180477.93 East: 1312711.71 Line Course: N 00-44-31 E Length: 30.01 North: 180507.94 East: 1312712.10 Line Course: S 88-09-35 E Length: 52.58 North: 180506.25 East: 1312764.65 Perimeter: 164.58 Area: 1,569 sq. ft. 0.04 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 48-31-17 E Error North: 0.004 East : 0.005 Precision 1: 16,459.00 LOT3 North: 180535.20 East: 1312797.59 Line Course: S 01-50-25 W Length: 60.00 North: 180475.23 East: 1312795.67 Line Course: N 88-09-35 W Length: 32.00 North: 180476.26 East: 1312763.68 Line Course: N 01-50-25 E Length: 60.00 North: 180536.23 East : 1312765.61 Line Course: S 88-09-35 E Length: 32.00 North: 180535.20 East: 1312797.59 Perimeter: 184.00 Area: 1,920 sq. ft. 0.04 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 90-00-00 E Error North: 0.000 East : 0.000 Precision I: 184,000,000.00 LOT4 North: 180534.17 East: 1312829.58 Line Course: S 01-50-25 W Length: 60.00 North: 180474.21 East: 1312827.65 Line Course: N 88-09-35 W Length: 32.00 North: 180475.23 East: 1312795.67 Line Course: N 01-50-25 E Length: 60.00 North: 180535.20 East: 1312797.59 Line Course: S 88-09-35 E Length: 32.00 North: 180534.17 East : 1312829.58 Perimeter: 184.00 Area: 1,920 sq. ft. 0.04 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 90-00-00 E Error North: 0.000 East : 0.000 Precision I: 184,000,000.00 LOTS North: 180533.08 East: 1312863.56 Line Course: S 01-50-25 W Length: 60.00 North: 180473.11 East: 1312861.63 Line Course: N 88-09-35 W Length: 34.00 North: 180474.21 East: 1312827.65 Line Course: N 01-50-25 E Length: 60.00 North: 180534.17 East: 1312829.58 Line Course: S 88-09-35 E Length: 34.00 North: 180533.08 East: 1312863.56 Perimeter: 188.00 Area: 2,040 sq. ft. 0.05 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 90-00-00 E Error North: 0.000 East : 0.000 Precision 1: 188,000,000.00 LOT6 North: 180519 .97 East : 1312896.16 Line Course: S 21-32-54 E Length: 4 7 .15 North: 180476.11 East: 1312913.47 Curve Length: 5.02 Radius: 81.00 Delta: 3-33-03 Tangent: 2.51 Chord: 5.02 Course: S 19-46-23 E Course In: S 68-27-06 W Course Out: N 72-00-09 E RP North: 180446.36 East: 1312838.14 End North: 180471.39 East: 1312915.17 Line Course: N 88-09-35 W Length: 53.57 North: 180473 .11 East : 1312861.63 Line Course: N 01-50-25 E Length: 60.00 North: 180533.08 East: 1312863.56 Line Course: S 88-09-35 E Length: 14.64 North: 180532.61 East: 1312878.19 Curve Length: 23.25 Radius: 20.00 Delta: 66-36-41 Tangent: 13.14 Chord: 21.96 Course: S 54-51-15 E Course In: S 01-50-25 W Course Out: N 68-27-06 E RP North: 180512.62 East: 1312877.55 End North: 180519.97 East: 1312896.15 Perimeter: 203.63 Area: 2,415 sq. ft. 0.06 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 72-17-58 W Error North: -0.002 East : -0.008 Precision 1: 20,363.00 LOT7 North: 180683.20 East: 1313007.85 Line Course: S 00-41-16 W Length: 45.50 North: 180637.70 East: 1313007.30 Line Course: N 88-09-35 W Length: 61.91 North: 180639.69 East: 1312945.42 Line Course: N 00-41-16 E Length: 45.56 North: 180685.25 East: 1312945.97 Line Course: S 88-06-18 E Length: 61.91 North: 180683 .20 East : 1313007.85 Perimeter: 214.89 Area: 2,818 sq. ft. 0.06 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 53-21-01 W Error North: 0.001 East: -0.001 Precision 1: 214,880,000.00 LOTS North: 180637.70 East : 1313007.30 Line Course: S 00-41-16 W Length: 33.61 North: 180604.09 East : 1313006.90 Line Course: N 88-09-35 W Length: 61.91 North: 180606.08 East: 1312945.02 Line Course: N 00-41-16 E Length: 33.61 North: 180639.69 East: 1312945.42 Line Course: S 88-09-35 E Length: 61.91 North: 180637.70 East: 1313007.30 Perimeter: 191.05 Area: 2,081 sq. ft. 0.05 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 90-00-00 E Error North: 0.000 East: 0.000 Precision I: 191,040,000.00 LOT9 North: 180604.09 East : 1313006.90 Line Course: S 00-41-16 W Length: 33.90 North: 180570.19 East : 1313006.49 Line Course: N 88-09-35 W Length: 61.91 North: 180572.18 East: 1312944.61 Line Course: N 00-41-16 E Length: 33.90 North: 180606.08 East: 1312945.02 Line Course: S 88-09-35 E Length: 61.91 North: 180604.09 East : 1313006.90 Perimeter: 191.63 Area: 2,098 sq. ft. 0.05 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 90-00-00 E Error North: 0.000 East : 0.000 Precision I: 191,620,000.00 LOTlO North: 180570.19 East : 13 I 3006.49 Line Course: S 00-41-16 W Length: 33.90 North: 180536.29 East: 1313006.09 Line Course: N 88-09-35 W Length: 61.91 North: 180538.28 East: 1312944.21 Line Course: N 00-41-16 E Length: 33.90 North: 180572.18 East: 1312944.61 Line Course: S 88-09-35 E Length: 61.91 North: 180570.19 East: 1313006.49 Perimeter: 191.63 Area: 2,098 sq. ft. 0.05 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 90-00-00 E Error North: 0.000 East : 0.000 Precision 1: 191,620,000.00 LOT 11 North: 180536.29 East : 1313006.09 Line Course: S 00-41-16 W Length: 34.20 North: 180502.10 East : 1313005.67 Line Course: N 88-09-35 W Length; 62.43 North: 180504.10 East: 1312943.28 Line Course: N 01-33-14 E Length: 34.19 North: 180538.28 East: 1312944.20 Line Course: S 88-09-35 E Length: 61.91 North: 180536.29 East: 1313006.08 Perimeter: 192.74 Area: 2,126 sq. ft. 0.05 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 42-28-59 W Error North: -0.003 East ; -0.003 Precision 1: 192,730,000.00 LOT12 North: 180502.10 East : 1313005.67 Line Course: S 00-41-16 W Length: 33.60 North: 180468.50 East : 1313005.27 Line Course: N 88-09-35 W Length: 50.56 North: 180470.12 East: 1312954.74 Curve Length: 20.84 Radius: 119.00 Delta: 10-01-59 Tangent: 10.45 Chord: 20.81 Course: N 16-31-55 W Course In: S 78-29-05 W Course Out: N 68-27-06 E RP North: 180446.37 East : 1312838.13 End North: 180490.07 East : 1312948.82 Line Course: N 21-32-54 W Length: 15.08 North: 180504.10 East: 1312943.28 Line Course: S 88-09-35 E Length: 62.43 North: 180502.09 East: 1313005.67 Perimeter: 182.51 Area: 1,878 sq. ft. 0.04 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S O 1 -08-02 E Error North: -0.002 East : 0.000 Precision I: 182,510,000.00 LOT 13 North: 180468.50 East : 1313005.27 Line Course: S 00-41-16 W Length: 43.55 North: 180424.95 East: 1313004.75 Line Course: N 88-09-35 W Length: 52.22 North: 180426.63 East: 1312952.56 Line Course: N 01-50-25 E Length: 16.05 North: 180442.67 East : 1312953.07 Curve Length: 27.76 Radius: 115.00 Delta: 13-49-45 Tangent: 13.95 Chord: 27.69 Course: N 05-04-27 W Course In: N 88-09-35 W Course Out: N 78-00-40 E RP North: 180446.36 East: 1312838.13 End North: 180470.25 East: 1312950.62 Line Course: S 88-09-35 E Length: 54.67 North: 180468.50 East : 1313005.26 Perimeter: 194.25 Area: 2,285 sq. ft. 0.05 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 70-18-42 W Error North: -0. 003 East : -0.008 Precision I: 19,425.00 LOT14 North: 180424.95 East : 1313004. 75 Line Course: S 00-41-16 W Length: 27.91 North: 180397 .04 East : 1313004.41 Line Course: N 88-09-35 W Length: 67.78 North: 180399.22 East: 1312936.67 Line Course: N 01-50-25 E Length: 27.90 North: 180427.10 East: 1312937.56 Line Course: S 88-09-35 E Length: 67.22 North: 180424.95 East: 1313004.75 Perimeter: 190.81 Area: 1,883 sq. ft. 0.04 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 15-37-16 E Error North: -0.004 East : 0.001 Precision 1: 190,810,000.00 LOT 15 North: 180397.04 East: 1313004.41 Line Course: S 00-41-16 W Length: 43.54 North: 180353.51 East: 1313003.89 Line Course: N 88-09-35 W Length: 68.65 North: 180355.71 East: 1312935.28 Line Course: N 01-50-25 E Length: 43.53 North: 180399.22 East: 1312936.67 Line Course: S 88-09-35 E Length: 67.78 North: 180397.04 East: 1313004.42 Perimeter: 223.50 Area: 2,970 sq. ft. 0.07 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 76-26-16 E Error North: -0.001 East: 0.006 Precision 1: 22,350.00 LOTJ6 North: 180399.22 East : 1312936.67 Line Course: S 01-50-25 W Length: 43.53 North: 180355.71 East: 1312935.27 Line Course: N 88-09-35 W Length: 65.18 North: 180357 .80 East : 1312870. 13 Line Course: N 00-44-31 E Length: 43.54 North: 180401.34 East: 1312870.69 Line Course: S 88-09-35 E Length: 66.01 North: 180399.22 East: 1312936.67 Perimeter: 218.26 Area: 2,855 sq. ft. 0.07 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0 I Course: N 64-36-46 W Error North: 0.002 East: -0.005 Precision I: 21,826.00 LOT 17 North: 180427.11 East: 1312937.57 Line Course: S 01-50-25 W Length: 27.90 North: 180399.22 East: 1312936.67 Line Course: N 88-09-35 W Length: 66.01 North: 180401.34 East: 1312870.70 Line Course: N 00-44-31 E Length: 27.91 North: 180429.25 East: 1312871.06 Line Course: S 88-09-35 E Length: 66.55 North: 180427.11 East: 1312937.57 Perimeter: 188.37 Area: 1,850 sq. ft. 0.04 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 47-38-46 E Error North: 0.005 East : 0.005 Precision I: 18,837.00 ( LOT18 North: 180443.64 East: 1312923.09 Line Course: S 01-50-25 W Length: 16.05 North: 180427.59 East: 1312922.57 Line Course: N 88-09-35 W Length: 51.55 North: 180429.25 East: 1312871.05 Line Course: N 00-44-31 E Length: 43.55 North: 180472.80 East: 1312871.62 Line Course: S 88-09-35 E Length: 47.81 North: 180471.26 East: 1312919.40 Curve Length: 27.99 Radius: 85.00 Delta: 18-52-05 Tangent: 14.12 Chord: 27.87 Course: S 07-35-37 E Course In: S 72-58-20 W Course Out: S 88-09-35 E RP North: 180446.37 East: 1312838.13 End North: 180443.64 East: 1312923.08 Perimeter: 186.96 Area: 2,221 sq. ft. 0.05 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 60-32-54 W Error North: 0.004 East: -0.007 Precision I: 18,695.00 LOTl9 North: 180624.62 East: 1312903.24 Line Course: S 00-41-16 W Length: 16.09 North: 180608.54 East: 1312903.05 Curve Length: 54.09 Radius: 34.00 Delta: 91-09-09 Tangent: 34.69 Chord: 48.56 Course: S 46-15-51 W Course ln: N 89-18-44 W Course Out: S 01-50-25 W RP North: 180608.94 East: 1312869.05 End North: 180574.96 East: 1312867.96 Line Course: N 88-09-35 W Length: 21.85 North: 180575.66 East: 1312846.12 Line Course: N 01-50-25 E Length: 50.82 North: 180626.46 East : 1312847. 75 Line Course: S 88-06-18 E Length: 55.52 North: I 80624.62 East : 1312903.24 Perimeter: I 98.38 Area: 2,586 sq. ft. 0.06 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 05-41-18 E Error North: -0.004 East : 0.000 Precision I: 198,370,000.00 LOT20 North: 180686.63 East : 1312903.98 Line Course: S 00-41-16 W Length: 62.01 North: 180624.63 East: 1312903.24 Line Course: N 88-06-18 W Length: 55.52 North: 180626.46 East: 1312847.75 Line Course: N O 1-50-25 E Length: 62.00 North: 180688.43 East : 1312849. 74 Line Course: S 88-06-18 E Length; 54.28 North: 180686.64 East ; 1312903.99 Perimeter: 233.81 Area: 3,404 sq. ft. 0.08 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 64-35-56 E Error North: 0.003 East : 0.007 Precision 1: 23,381.00 LOT21 North: 180628.46 East: 1312847.81 Line Course: S 01-50-25 W Length: 52.82 North: 180575.67 East: 1312846.11 Line Course: N 88-09-35 W Length: 41.12 North: 180576.99 East: 1312805.01 Line Course: N 01-50-25 E Length: 52.86 North: 180629.82 East: 1312806.71 Line Course: S 88-06-18 E Length: 41.12 North: 180628.46 East: 1312847.81 Perimeter: 187.91 Area: 2,173 sq. ft. 0.05 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 00-21-45 E Error North: 0.001 East : 0.000 Precision I: 187,920,000.00 LOT22 North: 180629.82 East: 1312806.72 Line Course: S 01-50-25 W Length: 52.86 North: 180576.99 East : 1312805.02 Line Course: N 88-09-35 W Length: 41.12 North: 180578.31 East: 1312763.92 Line Course: N 01-50-25 E Length: 52.90 North: 180631.18 East: 1312765.62 Line Course: S 88-06-18 E Length: 41.12 North: 180629.82 East: 1312806.72 Perimeter: 187.99 Area: 2,174 sq. ft. 0.05 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 00-21-45 E Error North: 0.001 East: 0.000 Precision 1: 188,000,000.00 LOT23 North: 180688.43 East: 1312849.74 Line Course: S 01-50-25 W Length: 60.00 North: 180628.46 East: 1312847.81 Line Course: N 88-06-18 W Length: 41.12 North: 180629.82 East; 1312806.71 Line Course: N 01-50-25 E Length: 60.00 North: 180689.79 East: 1312808.64 Line Course: S 88-06-18 E Length: 41. I 2 North: 180688.43 East: 1312849.74 Perimeter: 202.23 Area: 2,467 sq. ft. 0.06 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 90-00-00 E Error North: 0.000 East : 0.000 Precision 1: 202,240,000.00 LOT24 North: 180689.79 East: 1312808.64 Line Course: S 01-50-25 W Length: 60.00 North: 180629.82 East: 1312806.72 Line Course: N 88-06-18 W Length: 41.12 North: 180631.18 East: 1312765.62 Line Course: N O 1-50-25 E Length: 40.00 North: 180671.16 East : 1312766.90 Line Course: N 88-06-18 W Length: 52.70 North: 180672.90 East : 1312714.23 Line Course: N 00-44-31 E Length: 20.00 North: 180692.90 East: 1312714.49 Line Course: S 88-06-18 E Length: 94.20 North: 180689.78 East: 1312808.64 Perimeter: 308.02 Area: 3,525 sq. ft. 0.08 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 41-40-08 W Error North: -0.004 East : -0.003 Precision 1: 30,802.00 LOT25 North: 180671.16 East: 1312766.91 Line Course: S 01-50-25 W Length: 51.80 North: 180619.39 East: 1312765.24 Line Course: N 88-06-18 W Length: 51.71 North: 180621.10 East: 1312713.56 Line Course: N 00-44-31 E Length: 51.81 North: 180672.90 East: 1312714.23 Line Course: S 88-06-18 E Length: 52. 70 North: 180671.16 East: 1312766.90 Perimeter: 208.02 Area: 2,704 sq. ft. 0.06 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 83-21-09 W Error North: -0.000 East : -0.003 Precision I: 208,020,000.00 LOT26 North: 180619.38 East: 1312765.24 Line Course: S 01-50-25 W Length: 41.10 North: 180578.31 East: 1312763.92 Line Course: N 88-09-35 W Length: 36.20 North: 180579.47 East: 1312727.74 Curve Length: 23.27 Radius: 15.00 Delta: 88-54-06 Tangent: 14.72 Chord: 21.01 Course: N 43-42-32 W Course In: N 01-50-25 E Course Out: N 89-15-29 W RP North: I 80594.46 East : 1312728.23 End North: 180594.65 East: 1312713.23 Line Course: N 00-44-31 E Length: 26.44 North: 180621.09 East: 1312713.57 Line Course: S 88-06-18 E Length: 51.71 North: 180619.38 East: 1312765.25 Perimeter: 178. 73 Area: 2,064 sq. ft. 0.05 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: S 71-30-42 E Error North: -0.002 East : 0.006 Precision 1: 17,872.00 RIGHT-OF-WAY North: 180623.24 East: 1312945.22 Line Course: S 00-41-16 W Length: 84.96 North: 180538.28 East: 1312944.20 Line Course: S 01-33-14 W Length: 34.19 North: 180504.10 East: 1312943.28 Line Course: S 21-32-54 E Length: 15.08 North: 180490.08 East : 1312948.82 Curve Length: 4.15 Radius: 119.00 Delta: 1-59-53 Tangent: 2.08 Chord: 4.15 Course: S 20-32-58 E Course In: S 68-27-06 W Course Out: N 70-26-59 E RP North: 180446.37 East: 1312838.13 End North: 180486.19 East : 1312950.27 Line Course: S 19-33-01 E Length: 15.46 North: 180471.62 East: 1312955.45 Line Course: S 11-46-30 E Length: 1.56 North: 180470.10 East: 1312955.76 Line Course: N 88-09-35 W Length: 5.14 North: 180470.26 East : 1312950.63 Curve Length: 27.76 Radius: 115.00 Delta: 13-49-45 Tangent: 13.95 Chord: 27.69 Course: S 05-04-27 E Course In: S 78-00-40 W Course Out: S 88-09-35 E RP North: 180446.37 East: 1312838.14 End North: 180442.68 East: 1312953.08 Line Course: S 01-50-25 W Length: 16.05 North: 180426.64 East : 1312952.56 Line Course: N 88-09-35 W Length: 30.00 North: 180427.60 East: 1312922.58 Line Course: N O 1-50-25 E Length: 16.05 North: 180443.64 East: 1312923.09 Curve Length: 27.99 Radius: 85.00 Delta: 18-52-05 Tangent: 14.12 Chord: 27.87 Course: N 07-35-37 W Course In: N 88-09-35 W Course Out: N 72-58-20 E RP North: 180446.37 East: 1312838.14 End North: 180471.26 East: 1312919.41 Line Course: N 88-09-35 W Length: 4.24 North: 180471.40 East: 1312915.17 Curve Length: 5.02 Radius: 81.00 Delta: 3-33-03 Tangent: 2.51 Chord: 5.02 Course: N 19-46-23 W ROW-I Course In: S 72-00-09 W Course Out: N 68-27-06 E RP North: 180446.37 East: 1312838.14 End North: 180476.12 East: 1312913.47 Line Course: N 21-32-54 W Length: 4 7.15 North: 180519.98 East: 1312896.16 Curve Length: 23.25 Radius: 20.00 Delta: 66-36-41 Tangent: 13.14 Chord: 21.96 Course: N 54-51-15 W Course In: S 68-27-06 W Course Out: N 01-50-25 E RP North: 180512.63 East: 1312877.55 End North: 180532.62 East : 1312878.20 Line Course: N 88-09-35 W Length: 150.50 Nortl1: 180537.46 East: 1312727.77 Curve Length: 23.85 Radius: 15.00 Delta: 91-05-54 Tangent: 15.29 Chord: 21.42 Course: S 46-17-28 W Course In: S 01-50-25 W Course Out: N 89-15-29 W RP North: 180522.46 East: 1312727.29 End North: 180522.66 East: 1312712.29 Line Course: N 00-44-3 I E Length: 72.01 North: I 80594.66 East : 1312713.23 Curve Length: 23.27 Radius: 15.00 Delta: 88-54-06 Tangent: 14. 72 Chord: 21.01 Course: S 43-42-32 E Course In: S 89-15-29 E Course Out: S 01-50-25 W RP North: 180594.47 East: 1312728.22 End North: I 80579.47 East: 1312727.74 Line Course: S 88-09-35 E Length: 140.29 North: 180574.97 East: 1312867.96 Curve Length: 54.09 Radius: 34.00 Delta: 91-09-09 Tangent: 34.69 Chord: 48.56 Course: N 46-15-51 E Course In: N 01-50-25 E Course Out: S 89-18-44 E RP North: 180608.95 East : 1312869.05 End North: 180608.54 East: 1312903.05 Line Course: N 00-41-16 E Length: 16.09 North: 180624.63 East: 1312903.24 Line Course: S 88-06-18 E Length: 42.01 North: 180623.24 East: 1312945.23 ROW-2 Perimeter: 880.18 Area: 16,195 sq. ft. 0.37 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.01 Course: N 34-06-36 E Error North: 0.008 East : 0.006 Precision I: 88,016.00 ROW-3 TRACT A North: 180685.24 East: 1312945.97 Line Course: S 00-41-16 W Length: 62.01 North: 180623.24 East: 1312945.22 Line Course: N 88-06-18 W Length: 42.0 I North: 180624.63 East: 1312903.24 Line Course: N 00-41-16 E Length: 62.01 North: 180686.63 East: 1312903.98 Line Course: S 88-06-18 E Length: 42.01 North: 180685.24 East: 1312945.97 Perimeter: 208.05 Area: 2,605 sq. ft. 0.06 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.00 Course: S 90-00-00 E Error North: 0.000 East : 0.000 Precision I: 208,040,000.00 PLAT NAME RESERVATION CERTIFICATE TO: ALISON CONNER 846 -108TH AVE. NE, SUITE 200 BELLEVUE, WA98004 PLAT RESERVATION EFFECTIVE DATE: December 5, 2013 The plat name, CIMARRON TOWNHOMES has been reserved for future use by BREMERTON AVENUE TOWNHOMES LLC. I certify that I have checked the records of previously issued and reserved plat names. The requested name has not been previously used in King County nor is it currently reserved by any party. This reservation will expire December 5, 2014, one year from today. It may be renewed one year at a time. If the plat has not been recorded or the reservation renewed by the above date it will be deleted. Deputy Auditor Leroy Chadwick ·' ... CHICAGO TIT1.E INS.@ REF# J29 I-f26 Flied for record Bl t8queSI of; Aller l'VCQl'l/lng, retum to: Ho .. STl!EET B- Attn: Residential Construction 21)00 Two Union Square 601 Union S118et llllllllllllllil 20140110000851 Soattlo, WA ga101-2326 [ HomeStreet] Bank· RC14879 Granto"'•'· D additional on N111e: Granta1(1): 0 additional on Truatee: --· BeneliC:la""< Legal Deocrlptlofl (abbreviated): "" Com•lete le:...' on '"'"'"fT A Aun1or'1 lax ft•rcel -•sl.: Rolllltd doeumenta referenee nnl1l: QtJCAGO TITLE DT 166. 811 PAGE-991 OF l2Z 81/18/2814 13:37 KING COUMTY, 11A DEED OF TRUST (with Fixture Filing) (Washington) RELATIONSHIP ID· CONNE BREIIERTON AVENUE TOWNHOIIES LLC CHICAGO TlllE COMPANY Of WASHINGTON HOMESTREET BANK LOTS 2 & 3. KC S.P. #671015 7509050l4i 152305-8183-0ll·152305-8035-ll1 NOT APPLICABLE NOTICE TO RECORDER: THIS OOCUIIENT CONTAINS A FIXTURE FILING Am> SHOULD BE FILED AND INDEXED IN THE REAL ESTATE RECORDS NOT ONLY AS A DEED OF TRUST, BUT ALSO AS A FIXTURE FILING. THIS DEED OF TRUST, SECURrn AGREelleNT, AsslGNMENT OF LEAses AND RENTS, ASSIGNMENT Of Peaatt, CONtllAcT8 AND PLANS, AND FIXTURE FLING (the "DNd of TIVlr) deled this 12TH DAY OF DECEMBER. 2013, is made by and among BREMERTON AVENUE TOWNHOMES, LLC, a Washington llmlled Habluty c:ompany, (c:oneclively, tt more than one lndtvtdual or entity, the "Grantor'), whose addrtlS$ is 846108TH AVE. NE. STE. 200, BELLEVUE. WA 98004; CHICAGO TITLE COMPANY OF WASHINGTON (the "Tn,llee"), whose address Is 701 5TH AVE .. STE. 2300 SEATTLE, WA 98104; and HOMESTREET BANK, a Washington stale chanered savings bani<, Its suc:c:esson;, participants, and assigns (Ille "Benellr;/afY'). whose addrass ls 601 UniOn S119e~ Suite 2000, SeatUe, Washington 98101·2326. Grantor Is also refened to nereln as·-and 8enetldary as "Lender." Notice to Borrower: The Note soc:urod by thio Deed of Trull contain, pn,vlolons for • variable lnta"'II -and lncludn • "'YOMng rino of eredlt. Under IINI rovolv!ng Une, Lendor wlll maka periodic: advancn to Bo-. Whk:11 may be repaid and 1Uboeqw1111y re-adYanced. oubject to the !Inns and condldona of tho Note and 1111 other loan doc:umenta referenced below. Tht unpaid INllancs may from Ume to dmo be redLICld to zero. A zero bllanco -not tarmlnata the revolving line and the lien of this DNd of Trull wlU ....,,1n In ful forca nolwllh-ng auc:h reductlono. HOWtlVfl, nothing heroin shall be conslrUed II obllglllng Lendtr to make any future advance to eo ....... ,. Deed o/Tnu1 -Wa.,hington ND: 10011.00408 4830-5783-42'$,S Page I o/11 20140110000851 .001 ' • ARTICLE 1 GRANT IN TRUST AND SECURED OBLIGATIONS 1.1 Grant In Trust. For good and valuable consideratio<\ the receipt and sufficiency or which are hereby aclulowledged, and for tho purpose of HCUrlng -"""" and performanco of the Secured Obligations defined ond described in Sec1ion 1.2, bolow. for the benefit of lender, Borrower lleraby imlYOCably and unconditionally grants, transfers, bargains. conveys. and assigns to Trustee. In trost with power of oale and right or entry and possession, and grants a """"rlty interest In, all as!ale, right, tiUe and Interest Iha! Born,wer now has or may later acquire In and lo the following property (al or any pan of such property. or any lntetest in all or any part of It as the context may require, the ·eon111w1r). which Collateral Is not used plincipally or prtmarily for agricultural or fanning purposes: 1.1.1 Land, Appurtenance,, Ealementa. Thal certain real property and all interes1S tnereln located In KING Counly, Washington, more paJtlculany described In ExH111rr A attaChed hereto and Incorporated herein by lhls -.enc:e, together with an extsUng and Mure eesemenlS, aeons righta, appunsnances, prtvlleges, llconses, heredltaments, franchises and tenements, including all ml-. oil, gas, and other commerclally valuable substances thal may be in, under or producod from any part of such reel propeny (collectively, t>e 'Land'); 1.1.2 lmprowmenlll. All buildings, sUUCIUras, and Improvements now loca1ed or later to be constructed on the land (the ·Jmpro-18"): 1.1.3 Related Real Property and lmpn,v9manlll. All real prapeny, whether describocj in EJ0<111rr A or not Iha! may be reasonably necessary or desirable ID promote the present and any reasonabla Mure beneficial use and enj()yment or the Land and lmprovemoms, and ~IQYemants on such reel propeny, end aU appurtenances and Olher propeny and lnteres1a 01 any kind or character benefl!llng such real property; 1,1.4 Leases and Ucan .... Al existing and future-... s-..., subtenancies, licenses, occupancy agreemanta, and concessions ("lea,..-) relating to the use and onjoymant of all or any pan of the Project (defined below), and any and an deposits, guaralllles and other agreemants relating lo or made in connection with any or the Leases; 1.U Additional Property of Single Purpose Ellllty-. My or the folowlng Odditional personal property or Borrower, lo the extent not inclllded In any of the Property described above, whether or not loceled on the Lar.:1: all invantory, equipment. ac:coools (Including, without Umltatlon, all hea1111care Insurance rece1v-.), chattel paper, instruments (Including, without limitation, aB promissory notes), letter-of.credit rights, letler.i of credit, documents, depostt accounts, investment praperty, money, other rights to peyment and performance, end general intangibles (including, without limilalfon, an ~ and all payment intangibles): all attachments, 8C081Slons, accessories, fittings, Increases, loOls. perts, repairs, supplies, ar.:I commingled goods reletlng to such property, and all additions, replacements or and ,ubs1llutiono for an or any part or such personal prapeny; and all supporting obllgetlons relating to the suell personal property; all whether now ext.Ung or hereellBr arising, whether now owned or hereafter 8CGUired; 1.1.6 Goode, Materiala, Fi.ture1, Etc. AU goods, meterlab, supplies, challels, furniture. IIJll)fianc:es, li.rmlshings, fixtures, equipment, lnvenlory. generel lnlangibtes, and machinery now or later to be attached to, placed In or on, or used In connection with the use, enjoymenl, OCQJPIIOCY or operation of all or any port or the Project, whe1har stored on 1ha Land o, elsewhere, Including all pipes, dfteheS and numes, solar panels, and au gas, eledrlc, cooking, -ng. cooling, air conditioning. lighting, refdgeration and plumbing fll<lures, systems and equipment, all of which shall be ...,._ to the fl.llast extent of 1he law lo be real propeny for purpooas of Vlls Deed of Trust; 1.1.7 Conetrucdon Maiar1all and Equipment. All building materials. equfprnant, WOtf< In process or other personal property of any kind. _., stored on the Land or elsewhere. that have been or later will be acquired for the purpoae of being deivefed lo, lnoorporaled Into, or Installed in or about the Land or Improvements; 1.1.8 Borrower Funds. An or llonuwefs lntenoat In and to the proceeda of the loan or any Rel81ed Loan (dellned below), Wlletnar disbursed or no1: aa present and Mure rnonelary deposits g"'9n by Borrower to any PII~ or private ulllity with respect lo utility services li.rrrahed lo the Land or Improvements; and all accounts malnialnod bY Borrower with Lender or any si.tJsldla!y or efflllote of Lander, 1-g. without Hmllatlon. any !merest reserve accounts. IBX and Insurance Impound accounts. and any other ICl:OUnta es-In connection with any or the Secured Obligations; Dffd o/Trw, -Washlns,on NO: 10011.00401 4130-571:Mmv, Pag, 1o/21 2014011 ooooa51 .002 ' 1.1.9 Rents, Issues and Proffls. All Income. rents, security or slnilar deposits, revenues, Issues, royaHies, profits, earnings, products and proceeds of the Land or Improvements, Including, without limitation, all rights to the payment of money, =urns. accounts n,ceivable. reserves, deferred payments, refunds, cost savings, any award or other payment that Borrower may become entmed to racaivo with respect to any of the Lasses as a resu, of or pursuant to any bankruptcy, insolVency or reorganization or slmilar proceedings Involving any tenant under the Leases, tnsurance or condannatiOn prcceeds, payments and deposits, and any proceeds tn,m the sale of any LOIS or Units, and any deposits on account thereof (cclloclively, tho "Renls, inllfl and -·); oubject to the ruruier terms of the assigm,ont of Leases and Rerrts, Issues and Profits set forth herein; 1.1.10 Insurance: Eminent Domain, All of Bonower's rlghl& unaer any and all contracts and polioles of Insurance with respect lo the Land or Improvements, Including, without limitation, the proceeds from any claims made or lo be made under any such insurance polcy, as well as the right to sellle and compromise any such claims made or lo be made with respect to tne Land or Improvements, and all of Borrowe(s nghls lo any and all awards made in connection with any eminent domain or condemnatkm proceedings, or purchases In lieu thereof, of tha whole or any part of the Land or Improvements; 1.1.11 Permits, Contracte and Plans. All of Borrowe(s right, lllle, and interest In all permits, approvals. commitments. designs. plans. specffic:ations, surveys, plats, plat approvals, hearing exarriner decisions. •-buln drawings, an:hitecl\Jllll and engineering contraclls, conslructlon contracts and subcontracts, consulting agreements, financing comm-nlS and agreements, joint development agreements, ser,lce and maintenance agreements, marketing and listing agreaments. loVunH rasarvatlon agreements, purchase end sate agreements, environmental or other repQrts, apprai&als, warranties, and any and an other oontracts, work pnxluct, dovelopmenl rights, and ony and al rlghl& or claims thet relate to tne construction of Improvements on or to the Land that Borrower may have against any person or entity supplying, or who has supplied, labor, materials, or services ln eonnectlon with the construction of Improvements on the Land (oollaclively, the "Perm/ls, Conltacls and Plans"); 1.1.12 other Intangibles and Lice,,_. All trade names, trademarks, logos and other materials used lo Identify or advertiae, or otherwise relating lo lhe Project; and all olher general intangibles relating lo the Land or Improvements or any part thereof and now or hsnoafter owned by Sorrower; 1, 1.13 Mlacellaneoua Personal Property. Any and al personal property of any kind whatsoever, whether tangible or intangible, that is used or will be used ln construction of, or is or wm ba placed upon or is derived from or used in any connection with the use, occupancy or enjoymant of, Iha Land or Improvements; 1.1.14 Rights Under Condominium Laws. All of Borrower's rlghl tiUe. and interest In and to any and all units. common elements, spaclal dectarant rights, development rights. and any other rights relating to the Land or the Improvements, whether now exisUng or subsequently arising, under any and al laws now existing or tater enacted retatln(I to condominiums; 1.1.15 Righbl Undlsr Cown-, Homeownor'o --.... All of BooW91's rights under any declarations of covenants, condllions, and resttlctiOnS recorded for the Land or Improvements, incluling declarant rights, develOpment rlghl&, and al rights of Borrower In connection with any homeowner's association, condominium asaociation, archllectural control oomml-, or similar association or committee, establlsned In connection with the Project, Including Borrowers rights and powers lo elect. appoint. and remove officeni and dlractora of any SUCh associations or commlttses; 1.1.16 Addl~onal PfOperty. Any additional per.,onal property otherwise set forth herein or listed on any UCC-1 financing statement filed lo perfect Lendefs security interes1 hsn,under; 1.1.17 Books and Records, All books and records pertaining to any ana al of the property described above, Including records slored on computer readable media, end a limited sub6cenae 10 use the computer haraware or software necessary to access such raoord& r-•nd Reeorcts1; and 1,1.16 P-. All proceeds of, -ilions end acct8liono to. •ubStitutioos and replacements for, end changes In any of the p,aperty de:K:ribed BboYe. The Land, Improvements, related real property, end all perwonat prope11y ,_ or here8fter lnslalled on or used In connection with the Land and/or Improvements are collectively refefTed lo hefejn as the "Project." The Project conetllut• the bulk of, but not the entirety of, the COiiaterai. Detd o/Trust • Washington ND: 10011,00408 483tJ.S78J.42lM Pag<Jo/11 20140110000851.003 • 1.2 Secured Obligations. Bonowet makeS Iha gntnt, oonveya,ce, transfer and uslgnment set forth in Section 1. 1 and granlS tho sacurlly Jnten,st set fonh in Section 2.1 for the purpose of securing Iha following obligations (tho •s.cu-, Obllfllllon•1 In any orae< of priority lha1 Lendor may choooe: 1.2.1 Promissory Nolt. Payment of an obligations at any time owing under thal certain Adjustable Rate Promlssoty Note payable by Borrower as maker, to Iha oroer of Linder, e><ecuted conetmnlly herewith (the "Nole"), evidencing a Joan from Lender IO Borrower In the maximum Ol/l$landlng principal amount of THREE MILLION lWO HUNDRED FIFTY THOUSAND AND 00/100THS DOLLARS ($3,250,000.00) (the "Lo..."), tog-. v.ith Interest thereon et a variable ralt a,,e any modiflCalions, extens,ons or reMWals thereof, whether or not any such mod1flca1lon, extension or renewal is evidenced by a new or Bd<frtional promissory note or notes; U.2 · Loan DocumenlS, Payment and/or performance of each and awry other obNgallon of Borrower under the Note, lhls Deed of Trust, eny C9115tructlon or land loon agreemonl &Xlleuled In conjunction therewith (lneluding eny Slandara Conditions to Closing and General Loan Tamis and eny Condnulng Agreement Re Anancial Reporting and Rnancial Covenanls incarpomted therein, the "l.oan Agroo,,,.,,,r). an other documenlS evidencing, securing. or otherivise go'l8rring the Loan (spociflC811y excluding, however, for purposes of establishing the Secured Obligations, any obllgaUons of Barro-or any third par1y [a) es a guarantor under any guaranty or [b) as an indemnltor unde< any lndependenl indemnity agree<nent ~ such Indemnity is not expreuly secured hereby or the temis of such Indemnity do not expressly provide that such indemnity is secured hereby [each an "IIHNpendarlf Indemnity')), and any and all amendments, modifications, and supptemants thereto (the "LCNin Documents"), tho provisions of wNc:h are incorporated herein by this rel"'80ce; 1.2.3 Retaled Loan Documents. Payment end/or petlonnance of each COW1nant and obligation to be perlonned pun,uanl to any and all loan documents (bu! speclflcaJly excluding any Independent lnde<nnity) (collectively, the "Re/allld Loan Documents") that have baen or may be executed by Borrower or relaled entl11es owned or oonlrolled by, or under common ownerahip or control with. Borrower (collectively, the "AlflRalU") evidencing, securing, or ottierMse governing one or more present or fulura loans by Lender or its afflllates IO Bono-or Its Afflllales (cotlecttvely, 1he "Re/allld Loon,1. whether now eld5tlr1g or made in the future, togelher wi1h any and an modifications, extensions and renewals thereof; Nothing contained herein shall be construed es Imposing an obllqelion upon Lender, or as avldonclng Lender's intantion, to make any Raleted Loan to Borrower or any Affiliate; 1.2., Fuiur. Obllglllons. Payment IO Lander of an Mure odvancas, Indebtedness and further auma and/or pelfonnanca of such further obligations aa Borrower or the then record owner o1 the Project or the then owner of Iha balance of the Collateral msy undertake IO pay and/or pe,farm (wllethor as principal, surety, or guarantor) for the benefit of Lender when such -ng and/or obligations are evidenoed by a written inslnlnent reci1ilg that tt or 1lley are secured by this Deed of Trusl; and 1.2.5 Modi-and Amendmenls. Paymenl and performance of all modlficallons, amendments, extensions, and _.Is, nowever evidenced, of any of Iha Secured Obligations. All pel$Ons who may have or acq.ire en Interest In aH or any part of the Colaleral will be considered IO have notice of, and wll be bound by, the terms of the Secured Obligatlons and each other agreemenl or lns1rumenl made or entere~ Into In oonnecllon wi1h each of the Secured Obligadons. ARTICL£2 SECURITY AGREEMENT 2.1 Grant of Security 11119'811. This Oaad of Trust creates a lien on the Collateral, and oonsututas an absolute asslgnmenl of the RenlS, ls8uas and Proffls end o/the Leases, aH In favor of Lender. To the axtant lhal any part of Ile Collateral, Including Iha RenlS, Issues and Pn>fits eno the Leases, are or are delennlnod to be penonal property, llorroWer, u dsbtar, hereby grants to Lander, 11 HCUred party, a security Jntarest In such part of the Colla!erel es Is d818rmlnod to be pan,onal propelly, to IOCIK9 payment and performance of the Sectnd Otlllgallons. As to such personal property, this Deed of Trust COl1llltutes a aecurll)' agreement undat the Unfform Comman:lal Code of tile state whef9 the Prtlj8cl is located (the "Pto/flct s_.i 2.2 Perfacllon of Security lnlsrHl Borrower hereby authorizes Lendor to ftle one or mara financing slatements, continuation statements, financing atetement amendmant&, and such Other documenls as Lender may frorn lime to time require to perfBCI and continue the palfectlon of Lendar's sacurtty Interest 0.•d ofTrwst -Washlngrr,n ND: IOllll.0040I 4830-578:1-42.!M Pagt4of2/ 20140110000851 .004 in any part of the Colateral. Borrower shall pay aA ree, and cosls that Lender may Incur In filing such docimenls in public offices and in obtaining •uch nicord 11arches as Landor may reasonably require. II any financing statement or olher document i, filed In the records normally pertaining la ~I property, that llllng shall not be construed as In any way derogating from or impairing the daotarallon end Iha stated Intention or the parties hereto that the Collateral and ell componanla lhantof ""'· to the ma>dmum exlent po11lble, ntel property, or ot/lelWiSe in pair the rig his or obligations or the parties under !his Deed of Trust 2.3 Flxtuno Fllng. This Dee:I of Trust constitutss a financing statement filed as a fixture filing under the Uniform COrnmen:lel Code In otrect In the Project State, as amended or reoodified flom time to time. covering eny part of the Collateral that row is or later may bacome flxluraa attached to the Land or 1n1>rowments. As lhis Deed of Trust seeures advances to be used either for the acquisition of the Land or the consl/\Jction of Improvements thereon, or both, this Deed of Trust also constitute, a "construe1ion mortgage" or ·cons1tuct1on deed of trusr under the Uniform Cornmen:lal Code in eflect In the Project State. 2.A Nature uf Collateral. Borrower and Lender agree lhst the filing of a finar<:ing statement in the records having lo do with parsons! property shell never be construed as In any way derogaUng from or impairing the declaration and the stated Intention of the parties hereto that the Collateral and all componenla thereof are, to the maximum exlenl possible, roel property, subj set 1c Landefs right on default to exercise, in any manner permitted by applicable low, those remedies (a) available la Lender under lhis Deed of Trusl. (b) evaileble to Lender as a secured party under the provisions of the UCC, or (c) otherwise provided for by law or evailable In equity, Whenevar Lendefs security is deemed lo include peroonal property, Lander shell be entitled to foreclose against such property In connection with and es e part of any judlciel or nonjudicial proceeding againsl lhe reel property secured hereby, the partlel hereby ecl<nowledging thel such foreclosure constitutes a oornmorcially reasonable method of selling such property, or, In Lendefs sole discretion and as pemitted by applcable law, 1c pursue any and all other remedies afforded a secured party under lhe UCC or other applicable law. Upon the occurrence of an Event of Default. Borrower ll!ll'e8' to as&emble all such property end make it evailable to the Trustee or Lender as secured party at a place to be deslgnaled by such party !hat Is reasonably convenient to ell penieo. ARTICLE 3 ASSIGNMENTS 3.1 Anlgnment of Laaes and Rents. 3.1.1 Assignment. Borrower herabf Irrevocably, presently, absolutely and unconditionally essigns and transfers to Lender: (a) the Renls, Issues and Profits, whether now due, pest due, or to become due, 10gelher with Iha righl, power, and authority to collect the same, (b) all Lees11 by or through Borrower as lessor, written or oral, now in existence or hereafter erlslng, and any ond all extensions or renewals lhereof, togother with the rlghl, power and authority of Bo,rower to etter, modify, or change the terms thereof or surrender, cancel, or tenninate the same, end (c) any end all guerantees of any obligations of eny lessee under any ol Iha Leases (a ·Lessee"). The esslgrvnenlS in this SectiOn ara abooluta Irrevocable assignments from Borrower to Lander and not merely Iha passing of security Interests or assignments for securtty only. 3.1.2 Grant of Llc:.1111. Lender hereby confers upon Borrower a license ("L/cenH") to collect and rataln the Rents, l11uas and Profits es~ t>ecome due and peyable, and to administer the Leeses. so long es no Event of Default, as defined below, exlsls end Is contlni,lng. ff an Event of DefauA has occurred and is continuing, such License shall aU10l'natlcally terminate wifficut nolice to or demand upon Borrower and wtlhout regard to Iha adequecy of Lendefs security under lhia Deed of Trust 3.1.3 Colloc:tion md Application of Rems, lnues and Proflla. Subject to the Li(:ense ;ra-lo Bonower, Lender has the right, power, and euhxity 1c collect any and all Rents, lasues end Profi1s and administer the Leases. llo<Towllr hereby appoinla Lander Its ettomey-ir,,fact, coupled with an lnteraat to, at such times as Lender may choose In Its sole discretion: (a) demand, receive and <lflfon:e peymant of any and el Rents, Issues and Profils; (b) glw reoeipls, releases, and salis-for any and ell Rania, Issues and Proffls; (c) sue elher in Iha nema of Borrower and/or In Iha nome of Lender for any and ell Rent&, illlles end Profits; (d) petfonn eny obigatiOn, covenenl or agreement of Borrower t.11der any of the Leases, and, In exercising any of such obligellons, pay al necessary cocts end """'"1Se&, employ counsel and incur and pay aU,,meys' fees; (e) delegate any and ell rights and -,s given lo Lender by this asslgrrnent of Leases and Renla; (f) appear In any banl<IUptcy, insolvency or reo,ganlzation prooeedlng Involving any Lessee end to collect any awanl or peyment due Borrower pursuant lo any such proceeding; and/or (g) use such massuraa, legal or equitable, as In its discretion may carry cul and effectuete the terma Deed o/Tnar • Wa.rhington ND: 10011.00,08 48J0.578~M Pogdo/21 20140110000851.005 • and lnlent of lhls assignment Lender's rtght to Ile Renlll, Issues and Protis does not depend on whether or not Lender takes possession of lhe Prnject as permitted herwrlder. 3. U Borrawer n T-. From end -lhe occurrence of an Event of Default, Bor,ower shall be the agant of Lendar in colection of the Rent,, Issues and Proffls, and any Renlll, Issues and Profits so collected by Bomlwer shall be held In trust by Borrower for the sole and 8"1:luolve benef~ of Lender, and BoffOW&r shall, wilhln one (1) business day after ruceipl of any Rents, luues end Protlti, pay lhe same lo Lender lo be applied by Lender to lhe Loan. 3. 1 .5 Lendor Not Responalblo. Under no an:umotances shaU Lender have any duty to produce Rents, Issues and Profrts from 1he P<Ojec;t. Regelllless of whelhot or not Lendor, In person or by egent. lakes ecluat possession of the ProjOCI. Lender Is not and shall not be deemed to be: (a) a ·roortgagee in posS9SSlon" for any purpose; (bl responsible for perfonning any of lhe obligations of lhe lessor under any Lease; (c) responsible for any wasle committed by L-or any olher parties, any dangerous or defecllve condition of the Project. or any negligence in the managernen1, upkeep, repair, or conln,I of lhe Project; (d) responsible for any loS$ suslalned by Borrower resulllng flDm Lender'a fllilure to lease the Lard OJ' lmprov'""8111s or from any olher ad or omission of Lender In 1111uagi11g the Prcjecl or ac!mlnlstering the Leases; or (e) llable in any mamer for lhe Project or lhe use, ow,,pancy, enjoyment or operation of all or any part of It, except for such matters as may artse solely from lhe willful nisconducl or bed faith of Lender. 3.1.6 Paymen1 of Rema Dlrectly to Lender. Af any time, Lender may, al Its Ol)lion, notify any tanant or olhot parties of the existence of lhis assignment of Leases end Rents, Issues ard Profits. Borrower hereby specif,cally authorizes, Instructs, and di,_ each an! every present and future Lessee ol ell or any part of lhe Land or Improvements lo pay an unpaid and Mure Rents, Issues and Profits dinoclty to Lender upon receipt of demand from Lander to so pay the same, and Borrower hereby agrees lhal each such present and future tenant. tessee and licensee may rely upon such wr1aan demand flDm Lender to so pay the Rems. Issues and Profits without any inquiry Into whether !here -Is an Event of Default or-Lender Is otherwise enlltled to lhe Renli, Issues and Profits. No p,ool of lhe occurrence of an !:vent of Default shall be required. Borl'OMf heniby waives any rtghl claim or demand that Borrower may now or heraefter have against eny present or future Lessee by reason of such payment of Rents, Issues and Profits to Lender, and any such payment shall discharge Lessee's obllgallon to make such payment to Bo!TQWel'. For purposes of RCW 61.24.140, this Section a,nstltutes written consent by Borrower, as landlolll under the Leases, to lhe payment of Rems, Issues an! Profrts directly fn,m the Lessaes to Lender. 3.1.7 Lening. Borrower sheA not lease the Project or any part of it unless permitted under lhe Loen Agreement, and lhen only slricUy In accordance wilh lhe Loan Ag-ment. tt any taasing Is permitted, Borrower shall not accept any deposit or prepayment lmder any Laaff for any renlel period -ing one monlh, wilhout Lender's prior Wlllten consent. Addltlonalty, W the Project is a condomlnilln and leasl~ of condominium units Is permitted, Borrower shall take all adlOns -,,ary to ensure thal Its leaaing aciivilies do nol render the Project a •conversion condominium" under appllcallle law. 3.1.8 Rlghlll of Tenama. Lender shall have lhe righl al 11s option lo foAlctose this t>eed of Trust subject to lhe rights of eny !anent or tanenls on lhe Project. 3.1.t lndsmnlty. Borrower shall Indemnify, defend with counael selected by Lendar In Its sole dlscrellon. and hold Lander hermlass from end against any and au clelms, demands, llabflllleo, losses, lawsults, judgment,, dameges, oosls and expanses, Including, withoul inilation, ettorneys' laea and cosll. lo which Lender may be exposed or which Lender may Incur In exerc1$1ng any of Its rigllta under lhis asatgnment 3.1.10 Rep-ntaUona and Warran-of eo.,-a,. Bom>wer --end warran1S ID Lender Iha!: 3.1.10.1 No Prior Anignmenta. Thera have been no prier assigmlen1s of Its nghls, title, and inleresl In, to, and under the Leases or lhe -• ...._ an! Profits; 3.1.10.2 Autllorl!y. Bon0wer\'las full power and authority lo assign Its lights, tiUe, and interest In, to, and undar the I.eases and the Rents, Issues and PrOlilS to Lender, and no consents or approvals of any olher person or entities are necessary for Borrower to validly execute, d-. and parfDlm Ills assignment; and fhed o/Trust • Woshlngron ND: 1001 UN)401 4830.S71l4l5M Pogt6o/21 20140110000851.006 ' 3.1.10.3 No Delaulto or Modifications. All covenants, cond~ons. and agreements sat lo~h in the Leases and the Rents, Issues and Plllfits have been performed as raquired a& of the date hereof and neither Borrower nor any othor pa~ Is in default thereunder. Borrower shall not ornend or modify any ot the tenns and conditions ot the Leases without the prior written approval of Lender, nor shall Bono-assign, transfer, mortgage, or othorwise convey or encu.-any of Its rights, title, or intafest in, to, or under the Leases or the Rents, Issues and Prcftts so long as any of ths Secured Obligations remain unfuffllled. 3.1.11 Appllcetlon of Renls, la1»1 and Profits. All Rents, Issues and Prcfits received by Lendor shal be appied by Lander lo the Secured Obligations in any onlar of epplicatlon determined by Lender in Its sole discretion. Lender shall have no liabili1y fol any Rents, Issues and Prcftts that It does not acllJally receive. 3.2 Assignment of Pennlls, Conlnlc1II, and Plans. In addition lo and wtthout In any way derogating from Iha security interest granled Lender in the Collateral, Bonower hereby assigns, grants, transfers, end sets over unto Lender, Borrower's right, tide, and interest in, to, and under any end all Pemti1s. ConllaCIS and Plans. 3.2.1 Security for Loan. This a,signment is made "" add~onal security for Iha payment and performance of all of the Secured Obligations. 3.2.2 Usbllltles. Lender does not assume any obligations or duties of Borrower uncler the Pennits, Contracts and Plans unless and unUl Lander hes been given written notice to -that Lender Is exercising its right to comptate or cause the wmpletion of construction of the Project In accordance with the terms of the Loan Documems. w Lender aoes not dlraclly undenake to comi,tete davalopmenl or conslllJClion of 1ha Project, Lander may assign such Permits, contracts and Plans to, and such obligations and duties of Borrower in connection with tne Pennlts, Conlracts and Plans shaU be assumed by, tne person or entity designated by the Lender tor the pulllOSe of completing such development or constructiOn. and Lender shsll have no Nabllity whatsoever for the performanca of any such obligations or duties. 3.2.3 Ropmien1aaons and Warranties of Borrower. Borrower represents and worn,nts lo Lender that: 3.2.3.1 No Prior Assignments. There have been no prior assignments C1' its rights, Ulle, and interast in, to, end under tne Permits, Conwcts and Plans; 3.2.3.2 Authority. Borrower hss lul power and authority to assign its rights, title, and interest in, to, and under Iha Permits, Contracts and Plans to Lender, end no consems or approvals of any olher pen,on or entities are necessary for Borrower lo validly execute, daiver, and perlonn this assignment and 3.2.3.3 No DelaullB or Modlflca1lon,. All covenants. conditions. and agreements sat forth In the Penni1s, Contracts and Plans hsva been performed II required es of the date hereof and neither Borrower nor any other party is in defaUlt thereunder. Bonower shall not amend or modify eny of the terms end conditions of the Permits, Contracts end Plans Mthoul the prior written approval of Lendor, nor shall Borrower assign, transfer, mortgage, or otherwise convey or encumber any of i1S rights, title, or interest in, to, or undet 1ha Permits, Contracts and Plans so long as any of Bom,wer's obligations under the Loan Daci.rnents remain unfulfilled. 3.ZA Allomoy-ln-Fact. Borrower hereby irreVocably constltl.fes and appoo,ts L.,_ as its attorney-in-fact. upon Ille occummce of aiy Event Of Defeull, to demand, receive, and enforce any and all of Borrower's rights under and with respecl lo Ille Permi1s, ConlraCIS end Plans, and lo perform any and all acla with respecl lo Iha Permits, Contracts and Plans tnat Lander deems necessa,y or desirable with ths same force and effect as n perfonned by Borrowet In the abffnce of this assignment. 3.2.5 Assignment for &ecurlty. This asslgrrnent is for securtty purposes only. Lender shall have no right pursuant lo this aeslgnment lo enfo<ce BorroMr"s rights with respecl lo the Perrrits, Contracts end Plans until Iha occunenc& of .., Event of Defaull. Upon the occurrence of any Ewnt of Delaul~ Lender, wltnaut effeclfng any of its rights or remedies against eorro-r under any other instrument, docUment, or assignment, may e-e Its rights under this assignment or kl any otner manner permitted by applicable law, end in addition, Lender shall have and possess, wilhout limitation, any and al rights and remedies of a secu-ed party under the UCC or as oihflrwloe provided by law. D•ed a/Trust -Washtogtoo ND: 10011.0000I 48J0.578J.42.IM Pag•7of}I 20140110000851.007 • 3.2.6 Indemnity. llolr..-BIiai indemnify, defend with counsel slllecled by Lender in lls sole dlsa..tlon, and oold Lender harmless from and against any and all dalma, demands, II-. losses, lawsul1s, judgments, damages, costs and e,cpenses. Including, without llmllallon, allomeys' -and costs, to which Lender may be e,cposad or which Lendor mey incur In e"8rclslng any of tts rights under this assignment ARTICLE4 RIGHTS AND DUTIES OF THE PARTIES 4.1 Parfonnance of Seaurad Obllgatlona. Borrower shall proml)lly pay and perform each Secureo Oi>ll9atlon In IIOOC)Rjance with 11s terms. 4.2 Reprwentatlon, and Warranllea. eo,-represents and warrants lhat except u previously dlsdosad and acceptad by Lender In wrlllng: 4.2, 1 Title to land and Improvement.. Borrower holds fee simple ti1le to all ot the Land and lmprowments, subject only lo sucll excepoons and encumbrances ao have been approved in wrillng by Lander {the "Permitted &cepliono"), and Borrower has or will have good title to all portions ot the COiiaterai other than the Land and Improvements. 4.2.2 nue to Panonat Property. Bonower owns any portion of Iha COiiaterai that Is personal property tree and dear of any securily agraanants, reservallons of title, or condlllonal - contracts, and lhare is no financing statement affecling sudh personal property on file In any public olllce olhor than In Lendar's laYor. 4.2.3 Righi to Encumber1Prlorlty. Bonower has the tuB and unlimited power, rig!M, and aulhorily to encumber the Coflaleral and assign the Rents, Issues and Proti1s, Iha LNSes, and the Permits, Co<ltracts and Plans. Upon recorning ot this Deed of Trusl and fling of a UCC Fmnclng Statement wilh respect to any portion of the Collaleral lhat is delermine<l lo be personal property, tis Deed of Trust will a..ate a first and prior lien on Iha Collateral thal Is subjecl and subort!lnate lo no other liens except tor the Permitted Exceptions. • 4.2.4 Commercial Purpoaa1. The Loan and the other Secured O!>llgationa -. oblalne<l by Borrower and will continue to be used for commercial or business purposes, o1her than agricultural, limber, or grazing purposes, and no1 for personal, family or household purposes. 4.2.5 Lenn and Pennlll, Contracts, and PlaM, True, correct. end complete copies of Iha Leases and the PermilS, Conlrads and Plans have been delivered to Lender, including al amendmen1s. modfocations, exhibits and addenda th8181o, and no default e,cista under any of the Leases or the Permits, Contracls and Plans by any party, and no fact or circumstance exists ll1der any of the Leases or Iha Permits, Contracts and Plans that, with the lapse of time or giving of notice or both, W0111d conslltule a default by any party under such Leases or the Permits, Contracts and Plans. 4.3 Tun and Aueumenta. Borrower shan pay or cause to be paid when due, all genB<II real and parsonal property laxes, spacial and supplemen1sl real and personal ~ taxes end ossessments, license fees, license taxes, levies, cllarges, pern,tlies, or olhor laNI or slmlfar Impositions Imposed by any publlc or quasi-public authofity or ull"lty compeny that are or may become a Den upan the Colla!Bral or any ponion thereof or Interest therein, or that may caUS8 any deer-• In Iha value or the Collateral or any pen of IL Borrower Shall also pay when due an real property taxes, assessments. levlao, and cllargeo imposed by any publlc authority upon Lender by reason of its interest In lhe Collateral created hereby. Al of the foragolng taxes, assassments, and -charges payable by Bormwer with rnpect to the Collateral se collacllvely referred lo as tihe ",-i,Jon•." K 18qU85ted by Lender, Borrower shal furnish L.eooer with recelp«s flom Iha appropriate taxing aulhonly or -proof 111tiafaclory to Lender the! all Impositions have bean paid by the -upon whlcll lhey become dellnquent 4.4 UoM, Chargn and Encornbi ...... BomMN shall not enci.mber or permit the encumbrance of the Collateral wllhoo.t Lender's prior written consent. and Borrower shall Immediately dlschllJllD any lien on Iha Collateral to which Lender has not consented In ~-Bonow,ir shall pay or cause to be paid when due al obllgallons SSQJred by or reducible to liens end encumbnlnces that now "' -er encumber or eppe« to encumber the Collaleral or any part lheraof, ati claims for work or labor performed, or m-or supplies furnished, In connedlon with any WDII< upon the Pn,ject, whelher the lien. cl\arge, or encumbnlnce is or WOUid be senior or subonllnate lo Uis Deed of Trust: p,olllt/ed, "°"8.,,,., lhat Bo~ shall not be In dafaull hereunder duo lo any such lien, dhlrge. or encumbrance that Is a Dud ofTrun. W,ukington ND; 10011-00408 48JO.mJ.42'M PageBo/11 20140110000851.008 • Permitted EJcception. Lender hereby expressly reserves lhe righl lo adVance any and all funds necessary lo cure any and all such obligations, and/or claims. 4.5 Roqulnd Insurance. Borrower shal keep the following insurance cowrages in elfec1 with raspecl lo 1hB Collateral: (a) builder's risk insurance against loss by lira and the hazal<la ,_ o, horaafter embraced by the standal<l "All Risk" form of Insurance, including course of conslNClion insurance covering lheft of materials, In an amount equal al all limeo lo 1he full insurable value of lhe lrn;>R>vemenls. All st.d! insurance coverage shall contain a ~,epJacement cost endorsement" without reduction for depr8Qlation, and shall also con181n loss of renll end/or business inlerruplion Insurance coverage, e fluctuating value endorsement with a waiver of the co-insurance clause {or an agreed amount endorsement wilh an inflation gual<l endorsement), and shall oontain such olher endorsements aa Lendor may reasonably request All such ondo1$1man1' shall be In form and subslanoe salisfaCIOry to Lender, (b) comprehensive l)Ubllc llablllly Insurance againsl claims for bodily injury, dea1h or property damage occurring on, in or about Iha Land or lhe Improvements In 811101Jnls and on lerms acceplabie to Iha Lender. (c) flood Insurance In an amount satisfactory to Lenoer end on 19rms satisfaclory to Lender ~ 1he LBnd Is localed In a designated flood hazard 11188; and (d) insurance against such similar or other hazards. casualties, fiebllltiel, and contingencies. in such forms and amounts, as Lender may from tima to time reasonably require. Each insurance policy shall be with a company and in a form acceplabie to Lender. Each hazard insurance policy shall include a Form 438BFU o, oquivaienl mortgagee endorsement In favor of Lender. Each liability insurance policy shaH name Lender as an eddttional Insured. All required policies will provide for al laasl ten (10) days· wrinen notice lo Lender prior to the effective dale of any cancellation or material amendment. including any reduction In the scope or limits of coverage. Borrower shell furnish to Lender Iha original of each requirad insurance policy, or a cetll1ied copy lhereof ll,gelher wllh a certifical9 of insurance setting forth 1he coverage, the limits of liability, 1he carrier, lhe policy number, and the expiration dale. Borrower shall promptly 11.mish to Lender ell renewal notices relating to the required Insurance policies. Un188s olherwlse set forth heraln, Borrower shall pay all premiumS on Insurance policies directly to the carrier. Al lees1 lhiny (30) days prior lo Iha axpiratlon date of each such policy, Bom,wer shall furnish lo lender a renewal policy in a form acoeptable to Lender, together with evidence lhal the renewal premium has been paid. As security for Iha Secl,red Obligations, Bonower hereby assigns to Lander all required insurence poiicifi, togelher with all proceeds thereof, righll lherelo, and all unearned prerniU111$ returnable upon cancellation. 4.9 Insurance -Condomnatlon Proceeda, 4.8.1 Payment to Lender. Borrower heraby absolutely and Irrevocably assigns to Lender, end authorizes the payor to pay to Lender, the following clalms, causes of action, awards, paymenll, and r'ghll lo payment together with ail interest lhat may accrue thereon (colectiWly, tha "Claims"~ 4.9.1.1 Condemnation Awarda. All -• of damages and all olher compensation payable directly or indireclly because of a condemnation, proposed condemnation, or taking tor pu* or privale use that affects ell or pan of lhe Collateral or any interast in 11; 4.9.1.2 Warranty Claims. All awal<ls, claims, and caus88 of action arising out of any warranty affecting ell or any part of lhe Collateral, or for damage o, Injury to or decruae In value Of all or pan of the Coiialeral or any Interest In It; and 4.8.1.3 ,,,.u,..ce Pn>cffds. All proceed& of any insurance ~ payable beCauSe Of damage or loss sustained to all or pan of the COiiaterai. U.2 Notice to Lender. Borrower Shel immediataly notify Lender In writing ff: (I) any damage oocuni or any Injury or IOI$ la sustained to all o, part of 1he Collaletal, whether or not covered by lnsurence or warranty, o, any action or proceeding relating to any such demaga, Injury, or Iola la commenced; or (ii) any offer is mede, or any action or pn,oeading 16 commenced, lhat relatee to any actuel or proposed condamnalion or taking of all or part of lhe Colateral. Dttd o/Trosr -Wa.slrlngton ND: 10011.G04ot 4aio.m:1-1m.s Pog,9o/2/ 20140110000851.009 ' 4.f.3 Pursuit of Claims. Borrower shaU pursue n,covery of an Claims and delend 11s rights under any proceeding for condemnation of Iha Collateral or any part -and piosectfe the same with dua dillgance to Its final dlspo$ition, and shall cause any awards or sautements to be paid over ta Lender re, disposition pur&uant to the tanns of lhls Deed of Trust. Lender may, at Lander'• option and In Lender's sole dlsctetion, es aaomey-ln-fact for Borrnwer, make proof of loss ard adj\.91 encl compromise any Claims, appear In or p,ooecute any action or proceading 10 enforce lhe Clalms, or particlpa18 In eny action ..-proceadlng relating to ccndemnetlon or taking of al or part ol lhe Cohleral, and may join Borrower In adjusting any Ion covered by lnsuranoe. Bom,wer •hall dellw< or cause to be delivered to Lender such ln&ttumants as may be requested by Lender from time 10 tima to palffllt L.eooer to take any suet, actions. 4.6.4 Appllcatlon of Procaeda. All proceeds of Iha Claims that Bom>wer may racalve or be antitled to receive shall be paid to Lender. Lander shall apply any proceeas received by It hereunder first to Iha payment of lhe reasoneble costs and expenses incunw In the coUection ol lhe proceeds. Lander shall lhen apply the remaining balance of such proceeds (the ·Net Claims ,....-.·,. in Its absolute discretion and without regard to the adequacy of 11s securtty. (1) to any of Iha Secured Obligations, notwiths!andlng the fact that Secured Obigations may not be due aco..-dlng to the terms ttoereor; (II) to reimburse Borrower for the costs of reconstructing Iha Improvements or otherwise ,epairing or rastortng the Collateral; or (ii) to Bonower. Notwithstanding Iha foregoing, r there are no outstanding Events of Default under any of ll)e Loan Documents and Borrower establishes, to Lendefs reasonable satisfaction, that Borrower has sufficient funds, including the Net Claims Ploceeds, to rully rebuld or -~ the Colaler!II Mlhin Iha remaining tenn of the Loan and without delaying Iha completion data of lhe Projed. Lender shall make disbursements of Iha Nat Claims l'locaeds for purposes of repair or restoration of Iha Collateral In accortlance with disbursement procedures and subject to disbursement conditions ecoeptable to Lender. U, afler applying Iha Net Claims l'loceeds to the Seeurad Obligations, Lander reasonably determines the remaining Colateral 10 be Inadequate to secure the remaining Seoured Ol>Jigations, Borrower shall, upon written demand from Lender, repay an amount that will reduce the remaining Secured ObliGations to a balance lcr wllich adequate security is present 4.6.5 Restoration. Whelhar or not Nat Claims PIDCHds are disbursed for reconslruction. restoration, or reps~ or lhe Collateral, Bonower shaR promplly and diligently res10re the Collatarel to the equlvalenl of its condition Immediately prior to the casuetty or condemnation In accordance with the Plans or lo such other condition as Lender may approve In writing 4.7 Metntananca and PraservaUon of the Cotlataral. Borrower covenants: (a) to maintain and preserve the Collateral In good condition and rapsir and In a prudent buslnesslil<e manner; (b) not to remove, -lsh. or structural!y attar the Collateral or any psrt theniol, or aller, raslonl or add to Iha Collateral, or Initiate or alow any change In any zoning or other land use ctasslficallon that affects the Collateral or any part of tt, except with Lendefs e,q,rass prior written consent, and ellC&pl such allsralions as may be required by Jaws, ordinances, rule,, regulations, or oraers ol ll'MffTirT190lal aulhorttles or by lhe terms heraof; (c) to comply with and not suffer violations of any existing or future subdivision laws, building codes, zoring law& and regulations. anc other laws. regw,lions, ordinances, rules, codes, orders, directives, guidelines, building restrictions, and requirements of, and all agAll!fflllnts with and commitments to, all federal, state, county or municipal goyernmenta\ Judicial or legal authorttles or agencies having jurisdiolion over Borrower or the Project, Including lhosa pertaining to the construction, sale, lease, ..-flnanolng of Iha ln11Jrovernents, and aQ recorded covanants and restrictions affecting the Project (Iha "R,iqu/-,; (d) not to commit or pllffl1l any waste to or deterioration of lhe Colataral: (e) to perform all olher acts thet from the -or use of the Collateral may be reasonably necessary to maintain and prasen,a its value: (I) to perfonn all obll!lations required to be performed under the Loan Documents, and au other obligations of Borrower pertaining to lhe Collateral; and (g) to execuie and, -epprop,late, actcnowtedge anc dellYer such further ins1rumen1s as Lander or Trustee may deem "-'Y or appropriate to praserve, continue, perfect. and enjoy Iha sacurity providad for herein. 4.8 De-and Notice of Actions; Costs. Borrower Shal, without lleblllty, cost, or expense to Lender or Trustee, piotecl, preserve, and defend Borrower's fee lnteres1 In and ta the Project anc Borrowef, Interest In the Collateral, the S8C<Wlty of this Deed of Trust, any additional or other S8C<Wlty for Iha Secured Obtigatlons, end Iha rights or powers of Lander or Trustee hereunder, against en adverse dalm1. Said protection, preservation, and defense shall Include, without limltallon, protactlon, praservatton, and defense against al adverse claiments to end encumbrancers of Borrowef's Interest In lhe Collateral. whether or not such claimants or encumbrancers assert an Interest parallMXant to that of Lender. Bonuwer shall give Lander and Trustee prompt notice in writing of Iha filing of any such ec:tiOn or proceeding. e.,,_ shall psy an coats. feat, and expenses, including, wlthCM Imitation, costs of evidence of tltle. trustNs' raes, and D,,<tJ ofTrw, • Washi.,ron ND: 10011.00408 4SJO.m3-12.5M Pag, /Oof1/ 20140110000851.010 • reasonable attorneys' fee,, paid or inci.wrea In any action or proceeding in which Lender and/or Truslee may appear or be made a party, whether or not pUISUed 1o final judgmen1, and in any exercise of the pow9r of sale or other remedy contained herein, whether or not such sale Is actually consum..-or such - remedy is actuaDy prooecutod lo oomple1lon. ,.s Right of lnopecilon. Lender, tts agents, employees, end represenlatfVes shal haVe the right IO enter the Projecl at any reasonable time for the purpose or inspecting the PR,ject and ascer1ainlng .Borrowe(s compliance with the terms hereof and the olher Loan Documents, and for such o111er purposes and in accordance with the terms specified in any of the other Loan Documents. ,.10 Compenaallon, Exculpation, lndomnlftcllllon. Trustee accepls this trust when this Deed of Trust dulyEIJ<eCUled and ackoowledged, be<:Omes a public record as p,ovlaed by law. 4.10.1 Compensation. Borrower agrees to pay fees In the meximum amounts legaDy permitted, or rell50nable faes as may be charged by Lander and Trustae when Iha laW p,oyldes no maximum limit, for any services lhat Lender or Trustee may render In oomectlon 'Mth this Deed of Trust, Including, 'Mthout limitation, trustees' fees and related racording and other costs for ful and partial reoonveyances of this Deed of Trust Borrower further agrees to pay or reimburse Lender for all costs. expenses. and other advances that may be incurred or made by Lender or Trustae in any elfol1s IO enforee any terms of this Deed of Trust. whether any lawsuit Is filed or not, or In defending any ac:llon or proceeding arising under or relating to this Deed of Trust including attorneys' fees end other legal oosts, oosts of any Foreclosure Sale (as defined below) or bankruptcy proceeding affecting the Borrower or the COiiaterai, end any cos\ of evidence of t«le. ,.10.2 Exculpation. Lander shall not be direelly or lndlrectiy liable to Borrower or any olher parson as a consequence of: (I) lender's exercise of or failure to exercise any rights, remedies, or powurs granted to ii In this Deed of Trust or IO perform or discharge any obligallon or Uablllty of llofrow81' under any agreement related to the COiiaterai or under this Deed of Trust; or (II) any lass sustained by Borrower or any lhln:l par1y resulting f,om any act or omission of Lander In managing the Project unless the loss Is caused solely by the wilful misconduct or bad faith or Lender. Bonower hereby expressly waives and releases all llabllly of1he typos described aboVe, and agrees that no such llablll1y shall be assened against or Imposed upon Lender. 4.10.3 lndtmnlflcatlon. Booowar agrees to indemnify Trustee and Lender against, defend with counsel selected by Trustee or Lender for !heir respective dafenses, and hold aacn of them and lhelr respective officers, employees, agents, and reprfl«ltalives, harmless f,om and against any and all losses, damages, liabillties, claims, causes or action, judgments, court costs, attorneys' fees, and othar legal expenses, cost of evidenca of tiUe, cost of evidence or value, and other oosls and 8)(j)Snaes lhat -may reasonably suffer or incoc (i) in performing any act required or pannlllad by this Deed of Trust or any of the olher Loan Documents or by law; (ii) as a resuH or any Event or Default: or (Iii) because cf any alleged obligation of or undertaking by Lender to pe<fom1 or discharge any of tho representations, warrantiu, conditions, covenants, or other obligations In any document relating to 1l1e COlateraf other U,an the Loan Documents. This agreement by eono-to indemnify Trustae end Lender shall survive the relean and cancellation of any or all or 1he Secured Obligations and the full or partial release and/or reconveyance of this Deed or Trust. 4. 10.4 Payment by Bonowar. Boriower shaU Mfill aft obligations to pay money arising under this Section Immediately upon demand by Trustae or Lender. Each such obligation shal be added to, and considered to be part or, the principal of the Nole, and shaK bear int8f8St from the dale the obligation lllisas al the rate applicable to the principal balance ol the Note, as such rate may be acjusted. 4.11 Permitted Actions. 4.11.1 Raia-, e.rt.nslont, Modillcatton, and Addl1fonel Security. From Ume to lime, Lender may pa,form any of the following acts wllhoul incurring any iabluty or giving notice IO any person: (i) release any parson liable for paymenl of any Secured Oblgallon: (0) extend the lime for payment, or otherwise al1er the terms of paymenL of any Secured Obligation; (Iii) accept additional real or personal p,openy of any kind as secu:iy for any Secured Obligation; or (Iv) alter, SIJbstitute, or release an or any porllon of Ille COllaterel. 4.11.2 Powen of Tru-. F,om lime to ume when requvsled to do so by Lander In writing. Trustee may perform any of the following acls without Incurring any liabill1y or giving no<lce to any person and without affecting the personal llabllily of any parson for payment or performance of any of the Ded ofT,.,,., • Washlngu,n NI>. 10011.DO<Oa 41:io.sm .. :zms Pag,llo/11 20140110000851.011 • Secured Obligalions: (i) oonsant to the making of any plat or map of the Ploject or any part of It; (ii)ioin in gran1ing any easement or craaling any covenant or reslridlon affecting the Project; (Ai) Join In any extension, subordlna,on, or olher agraement affecting this Deed of Tlll51 or 1he Han of It; or (Iv) reconvey, without any -.anty, all or any part of the Collateral, upon Lende(s written request. 4, 12 Parttal Reco.,..yance/Condltiono of Perttat RelHH. Upon Bomlwa(s fulfillment of aA of the tem,s and oonditlons set forth In the Loen Documents, Lender agl8ff, upon the ¥Witten request of Borrower and s~factlon of the following releBH oonditlons, to dln>el Tlll51ee to eJAICU!a and deliver a partial reconveyanca releasing from the lien of this Deed of Trust each of the separate Lo1s or Units tha1 collectively oonslitula the Land (eac:h lot/Unit lo be released Is h819inaftar refemld to as a "Relea,e Unlr): (i) there does not exi,;t any uncured defautt under any of Iha Loan Documents or any event which. following notice and/or the expiration of any applical)le cura periocl wilhoUl a cure, woUld oonstltute an dafault thereunder, (ii) the Release Unit and the real property remairing siqect to the Deed ofTrust constitute legal and separately conveyable parcels or oondomlnlum units or common etements with reasoneble and adequate access lo public strasts and utifrties, In accoAlanca with the Plans, (Ill) Lender has received the release price for the Release Unit established in the Loan Documents (the "Releue Prtce") and all other amounts cunrently due Lender pursuant to tho temlS of any of the Loan Documents, and (Iv) 80ffl)W8( pays all trustees' fees and recording and other costs associated with such reoonwyance. Except as spec:ifocally provided In the Loan Documents, lendet shall not be obllgated to reconvey the lien of the Deed of TNS~ in whole or In part, untll It has received payment in full of the Note and all amounts due Lender under any of the Loan Documents. Lende(s eooeptance of any payment or inslructiOn to the Trustee to Issue any partial reconveyance shall not affect Borrowe(s obligation to repay all amounts 1ha1 remain owing under the loon Documents or the security of this Dead of Trust regarding any eonateral that Is not reconveyed. ~ Lander does not ,aquire satisfaction of al of the oondttlons set forth above before releeslng one or more Release Units, that alone shall not be a waiver of such conditions, and Lender reserves the ~ lo require their salisfactlon in full before releasing any additional LoCs or Units from this Deed of Trust ,.13 Full Reconveyance. When all of Borrowe(o obligation• under the Loan Oownents have been paid in full and there exists no default under any Related Loan, Lender ohall ,aquest Trustee In writing to raoonvey the Collateral, and shall surrender this Dead of Trust and the Note to Truatee. When Trus18e receives Lender's written requosl for reconvoyanca and all reoonveyanca foes, reOOll11ng roes, end other fees and expenses owing to fi by Borrower hereunder, Trustoo shall reconvey the Collateral, or so much of fi as Is then hatd under this Deed of Trust, without wananty lo lhe parson or persons legally entltfed to II. In the reoonveyanca. lhe grantee may be descn'bed as "the person or persons legally entiUed thereto,' and the recltals of any matters or facts shall be oonclusive proof of their truthlui-o. Neither Lerder nor Trustee ohall have any duty to -rmine the right of persons c:laimlng to be rightful grantees of any raconveyanoe. 4.14 Late Charge. ff BOOOMr falls to make any payment of an amount due and payable under this Deed of Trust, a lala cha,ge as spacffied in lhe Note may be chalged by Lender for the purpose of defraying the eXlra administrative expanses incident to handling such delinquent poyment and the loss of the use of funds resuhlng from Borro_.s non-payment when due. 4.15 Subnlg-n. Lendet shall be subrogalad to the liens of all encumbran::es, whether rel88Hd of recoAI or ~ that are diSeli~ in whole or In pan by Lender In accoAlanca v.ilh this Deed of Trust or Mth the p"'°8Sds of the loan. 4.16 Notice of Chango. Borrower shall give Lender prior written notice of any change In: (I) the location of its place of business or Its chief executive office ff ft hes mora then ona place of business; (U) the location of any of the Colletarel, including the Books and Records; end (IH) Bom>wer's name or business structure. Unles1 approved by Lender In writing, all Collateral lhet consistB of penonal property (other than lhe -and RecoAls) will be located at tho Projacl and al Books and Records wiH be localed at l!om:>we(s place of business, or chief executive office ~ Borroww has more than one place of busln .. a. 4.17 Substitution of Truslee. Lander may appoln1 a successor -by an Instrument executed and .-edged by Lender and reoo-In the oounty In which lhi& Deed of Trust Is '8COlded, end upon such reoordatlon, the successor trustee shall boOOme veslad with lhe same PQ'Mll'I, rights, duties, and euthority of lhe Trustee with Iha same effect es W originally mede Trustee heleunder. ARTICLES DEFAULTS AND REMEDIES 5.1 Evania of Default nie occunrence of any ona or more of the fofloWing events shall constitute an "Event of Der.ult (some or alt colleclively, "Events of Deftulf'): Dud oJTrust • WQS!,ilf8IO• ND: 10011,00401 48J0.57ll-4l5Sv5 Pag<l2of2/ 20140110000851.012 ' ' 5.1.1 Default Under Loan Documents. An Event of Defauh ocean as defined under the Loon Agn,ement or any other Loan Document. 6.1.2 Unau1hortzed Transfer. A transfer, pu,po,ted transfer, or change of ownership or control of Borrower in violation of the provisions of this Oeed of Trust 5.1.3 Default Uncle< Related Loan Documonta. An Event of Defauh occ.rs ea defined In and arising ur<ler any Related Loan Documant. 5.2 Rlghll and Remedln. At any Ume after the occummoe of an Event of Defaut hereunde,, Lender and/or Trustee shan have an of the rights and n,medies described below, In addition lo any other rights and rarnadies of Lender under the Loan Agreement, the other loon Documents. or the Related loon Documents: 5.2.1 Receiver. Wtthout regard to tt,e the~rrent value of the Collateral or the Interest of Bon'owGr thertlin, Lender may apply to any court hiving Jurtsdic11on to appoint receivers for appointment of a custodial or general reoelver (at Lendel's sole elecllon) for the Collateral or eny portion lhereol. Any appointment of a general receiver snau granl the general receiver a poww of sale over the Collalerel. Borra-hereby irrevocably consents to lhe appointment of a custodial receiver or general receiver with power of sale upon any Event of Default Any such receiver sheD have the usual poweni and duties of rgcaivers in Uke or similar cases, all the powers and duties of Lander set forth In lhls Deed of Trust or any of the other Loan Documents. and, In the case of a general receiver, a right lo sell the COUaleral at Lander's dllectJon. Emp!Oyment by Lender snau not disqualify a person !rem serving as receiver. 5.2.2 Cure; Protection of Security. With or without notice, and wilhoul releasing Bom>wer f,om any obligation hereunder, Lender may (but shaU not be obligated 10) cure any oreach or default of BorJOwe-r. and do any and all other things that it may in its sole cliscreticn consider necessary and eppropriate lo protec1 the securttyofthio Deed ofTrusl 5.2.3 Entry. Lender, In person, by aganl, or by court-appointed receiver, with or without bringing any actoo or proceeding, may lerminate Borrowe(s right and Ucense lo collect the Rents, Issues and Profits and to adminisler Iha Leases, and enter, take possession of, complete construction on, manage and operele, and lease or sell, all or any pan of the Collateral. and may also do any and all other things In connection with !hose actions lhat Lender may in its sole discretion consider neoest1ary or app,optiate IO protect lhe security of th~ Deed of Tn,sl or that are otherwise permitted to be teken or conducted by Lender under the loon Agreement If Lender so requests, Borrower shal assemble any Collateral that has been removed from the Projecl and make all of tt available to Lander at the Pmjact sHe, The entering upon and taking possession of the Pruject, the collection of the Rents. lasuea and Profits and the application thereof, or any of suoh acts, shell nol cure or waive any defauh or notice ol default hereunder or Invalidate eny other right or remedy thet Lender may have in response to SUCl1 defauh or pursuant to such notice and, notwllhstandlng the continued possession of the P,oject or the conect1on, recq,1, and application of the Rents, IS&ues and P/1lfits by Lander, Trustee, or Lende(s receiver or agent, Trustee or Lender shall be entilled to exercfse every right provided for In any of the Loan Documents or by lsW upon the ooourrance of any Event of Default 5.2.4 Unifonn Commercial Code Remedios. With respec1 lo en or any pa,t of the Collateral that conatitutes pa,sor,el p,operty, Lender shaU heva all of, and may exercise any or au of, the rights and remedies of a secured party l.l1der Iha Unlfonn Commercial Code In effect In the Project Stele. 5.2.6 Judlclal Action. Lender may commarn:e and malntsln an action or actions In any cou,t of competent iurtsdlcllon to lor.:lose this lnstMnanl as a mortgage or to obtain spacific enfortement of the covanents of Borrower han,under, and Borrower agrees thal such <:O¥enants sheU be spaclfocally enforceable by injunction or any other appropriate aqultable remedy end thal llcJnoMr waives the defense of !aches and any applicablo sletule of Umhallons. tt lhlo Deed of TMI Is foraclosed by judicial action, end the Collaterel sold ate loractosura sale, the purchaser may, during any applicable redemption period, make sucll repelis or atteratlons to the Prcjeci as may be reasonably neoessary for lhe plOIJer operation, cars, preservation, proteclion, and insuring 1hereol. Any sums so paid, together wllh lntamsl lhenlon from the 1lme ol suoh e"llendlure at the lasser of the default rete under the Note, or lhe maximum rate '""";tied by law, shall be added lo and become a pert of the amount required to be paid for redempllon from such sale. In addition Lander will be enUUed to a judgment provlcflno;i that, ~ lha foreclosuno sale p,oceeds era insufflclant to sallsly the judgment, execution may Issue for lhe deficiency. Dttd a/Trust • Washingum NO: 10011.00408 48lo.578).42SM Page /3of1/ 20140110000851.013 • 5.2.B Rullzalkln on Security. Lender may resor1 to and real!Ze upon or waive the secur1ty hereunder and '"'>' o1har security now or hen,-hatd by Lender In such order and manner aa Trustee and Landor or ollher of them may, in their sole discretion. detennine, and resort to such securl1y mey be lakon C011CL1111nlty or succaaslvely and In one or several consolidated or independent judicial actions or lawfully laken non-judicial p,oc:eedings, or both. 5.2.7 Power of Sato. Upon the occ:ummce of an Event of Default, Lender may cause Truslee to Invoke Trustee's power of sale to cause all or part of Iha Collateral to be sold Ill satisfy lhe Secured Obligations. Under this power of sale, Lender and Trustee shall haYe the discrelionary right IO cause some or all of the Colialeral, Including any Colateral 11181 conaU!Utes pe,sonal property. lo be sold or olharwlse disposed of In any combination and in any manner permitted by eppllcable law. 5.2.7. 1 Salta of Poraonal Property. For pulJIOSes of this power of sale, Lender may elect to !real as personal prQperty any Collalend that is Intangible or that can be &eYered fRlm the Land or Improvements without causing st/Uctural damage. lf tt choosea to do so, Lender 11111)' dispose of any penonel Pf')perty separalely from the sale of real property, In any manMr pemlitted by the Unlfonn Commercial Code in effect In the Project S1a1e, Including any public or private sale, or In any manner pennitted by any other applk:eble law. Any proceeds of any such disposition shall not cun, any Event of Default or relnslate any Secured Obligation. 5.2.7.2 Truslae'a Sain of Real Property or Mixed Colhllllral. Lender may also choose 10 cf1Spose of some or au of the CoDateral that conslslS solely of raal property In any mamer then pennltted by applicable law. In ils dlscreUon. Lender may also or al18maliYaly choose to dispose of some or aR o! the Collaleral In any combination consisting of both n,al and personal property, together In one sale to be held In acconlanca wllh the law and procedures 8Pl)icable to l9al property. ff and as permitted In the Project Slate. Borrower agrees that such a salv of peraonal property constitutes a commen:ialy n,asonable sale of the personal property. For pufJI0688 of this power of sale. either a sale of real property alone, or a sale of both real and personel property together, will sometimes be n,ferred to as a "Ttu&tee'• Sale.• 5.2.7.3 Trustee'• Sale Pn>cedurw. Be!ore any Trustee's Sale, Lander or Trustee shall give and record such notice of default and election to aau as mey then be required by law. When al legally mandaled time periods have elapsed, Trustee snal sell the Colateral being sold at a pUbllc aldon to be held at the time and place specified In the notice of salv, and Lender mey Impose such terms and condttions al sale as an, permitted or aHowed by applicable law. From flme to Ume in accorllanoe wi1h then appffcable law, Trustee may, an~ In any event at Lenders request shall, continue any T11JS1ee's Sale by public announoamenl at the time and place scheduled for that sale, or may, In Its disCAltlon. 91Ya a ,- notice of sale. Also, Lender may from time to time dlsconUnue or rascind any notice of defau, or notice of sale before any T11Jstee·s Sale as provided above, by executing and delivering to Trustee a written nolice of suer, discontinuance or rescission. The exercise by Lender of such right of n,s-n shall not constil'Jte a waiver of any Event of Default then existing or subsequently occurring, or Impair Iha rtght of Lender to execute and deliver to Trustee, as above provided, other declarations or no1lces or default to satisfy the Sacuracl Obligations, nor olharWlse atrect any provision, covenant. or condlliOn of any Loan Cocument or Related Loan Cocuments, or any of the rtghts, obligations, or remedies of Trustee or Lender hereunder or thereunder. u. 7 A Bidding at Trume'• Sale. At any Trualee's Sale, Truslee shell HI! to the highest bidder at pub41c auction for cash In lawful money of the United States, unless othar tsnns end conditions of aaie ara prescrt>ed by Lender In acoortlance with and H parmlttad by appl1-law. Any person, including, wilhout fimltation, Borrower or Lender, may purchase at such Bale, and llonower h~ covenants to warrant and defend the tille of such pun:haser or pun:hasara. Trustae •hall execute and deliver lo tha purchase!(•) at such sale a deed or deeds conveying the property being sold wlthOut any covenent or wall'Bnly whalsoeYer, ""l'f'IISI or Implied. Tha raci1als In any such deed ol any mattors or facts, Including any !acf8 bearing upon the regulartty or validity of '"1)' Trustee's Sale, ahal be oonclu.lve proof of their tnrthfulneso. U.8 &Ingle or Multiple Fon,dosu,. Satea. W the Collateral consists of more than one lot, peroel or Hem of property, Lender may: (l)dllSignale the Older In which the lolS, parcels IWldlor Kerns shall be sold or disposed ol or off-for sell or disposition; and (ii) elect lo dispose of the lolS, parcels and/or ilerns th!!lugh a single consolidated sate or dispoaillon lo be held or made under the -of sale granled herein, or In connection with Judlcial procaedln91, o, by virtue of a judgment and dac"'8 of forvclosure and sale: or llwough two or more $1,ch sates or dlopositiont, eech o! which may be separately Deed o/Trvst -Washlngion ND, 10011.110408 4SJ0.571l-42lM Page 140/21 • 20140110000851.014 • noticed ff so elected by Lender and permitted by applicable law; or In any other manner lander may deem to be in ils best ln1et8Sts (any such sale or disposition, a "Foraclosllff Sale"). ff ii ohooles to ha>ie more then one ForeclosUre Sale, Lender at ils op1ion may ceusa tho Foredosure Sales to be held slmultanaously or successively, on the same day, or on such dlfleren1 deys and at such different times and places and In such order as it may deem to be In its best interests, an as may be pormilled Ll>der appll-laW. No Foreclosure Sale shal terminate or affect lhe Den of this Deed of Trust on any part of the Collateral Iha! has not been sold until all of the Secured ObligaUons have been paid in full. 5.2.9 Cr.<111 Bidding. Upon sale of the Cotlataral at any judlc!al or nor>-Judiclal lor9closura, Lender may craart bid (as determined by lender In 11s sole and absolute discretion) an or any portion of the Securad Obli1ialions. In determinif11j the amount of any cradlt bid, Lender may, but is not obligated to, lake Into aca,unt all or any of the followinlj: (I) appraisals of the Collateral es sueh appraisals may be discounted or adjustad by Lander In its sole and -.rte u~ dtscrelion; (ii) -nses and costs Incurred by lender with respect to the Colateral prior to foreclosura; (iii) e,cpensas and costs lender anticipates will be incunred with respect to the Collateral after foreclosure, but prior 1o rasalo, inctudi"!l, without limitation, tho cosls of any structural reports, envlronmentel rot)OII$, or any remediation costs related thore1o; (Iv) anticipated discounts '4'0ll resale of the Coffaleral as a d..-sed or foreclosed property; and (v) such other factors or matters that Lender deems appropriate. In '"!lard to the above, Beneficiary is not requirad to use any or all of the foregoing factors to datermine the amount of its cradit bid and (a) this SecUon doeo net impose upon Beneficiary any addilional obllgeUons that are not Imposed by law at the time the cradil bid is made; (b) the amount of BoneflCiary's credit bid need not have any retetion to any loan-to- value raUos specified in tho Loan Documents; and (c) Beneficiary's credit bid may be ligher or lower than any a~ value of the Collateral. 5.2.10 DotennlnaUon of Fair Voluo. To tho extent applicable laW requires that the "fair man<et value" or "fair value" of the Collateral be determined as of lhe forectosura date in order to enforce a deficiency against Borrower or any othar party liable for repayment of tho Securad Obligations, tho term "fair marf<et value" or "fair value· shall include those matteJS required by law and the addllional factors sat forth -5.2.'10.1 The Collateral shall be valued "as ts• and "with aft faults" and there shan be no assumption of restoration or refurbishment of Improvements, ii any, alter the date of the foreclosure. 52.10.2 An offset to the fair market value or fair value of the Collateral, as determined hereunder, shall be made by deducting from such value the raasonable estimated clostng costs related to tho sate of Iha Collaleral, including, without liTlltalion, brokerage oomrnlsslons, raa! estate excise tax, title policy e,cpenses, tax pro-rations, escrow reos, and other common charges lhat era incurred by the seller of real property. Bom>war shall pay the costs of any appraisals and other expenses Incurred in connection with any such deteminatlon of fair marl<et value or fair value. 5.2.11 Rtlean, Exl9n1lons, Modification and AOCIIUOnat security. Without allecti"!l the lablllty of any person for payment of any of the Securecl Obfigaticns, Lendor may make any ag.-or lalke any aclion extendl"!l the mawrlly or olherwlse Oilertlll the tem,s or Increasing the amoont of any of the Securad ObligeUons, and accopt additional security or relaasa all or a portion of the Collateral and/or other security for the Secured Obligations. 5.2, 12 Acceleration Nol Roqull9d. Lender may take any of the actions permitted under Sections 5.2.1, 5.2.2, and/or 5.2.3 f81l8rdless of the adequacy of the security for the Secured Obligations, or whether ony or all al the Secured Obl\relioo II haVe -. declared to be Immediately dua and payable, or whether noUca of d-and alectlon to sell hes -. given under this DeeCI of Trust. 5.3 Pa-nl of C-. Expenses, and Alome,a' F-. All casts and e,cpensas reasonably inctJrrad by Trustee or Lender In anforcl"!l the remedies avaUable to them heraunder or othert.ue ~ Lende(s rights or lntareets (inctudln!j, wltho!Jt limilaUon, court coals and attorneys' fees, 1M18thor incurred In llligeUon or no~ expenses for evidence of ooa, appraisals and suMl~ end trustees' fees. and cas1$ and fees relating to any bankruptcy, """llanization. or Insolvency proceeding) shall constitute an addilional obligation of Borrower to Lender and bear Interest at the defautt rate of Interest oat forth In the Note from the date of expendllun, until poid. Deed o/Tru11 • Wasl,inrton NO, 10011JI04()8 48l0-57U..2SSvS Par• IS o/21 20140110000851.015 • 5A Ramadias Not Exclusive. Trustee ard/or Lender shall be entitled to enforce the payment and perfomlanc:e of any Secured Obllg11ions and to exercise any and an rlgh1S and powers under this Deed of TIUSt, any -Loan Oocument. or any Related Loan Document, nOlwllhslandlng the laet that soma or au or the Secured Obligations may now or heraalter be otherwise secured. Trustee and/or Lendor shall be entllled to enforce all such rights con<;urrently or separately, In such older and manner as !hay or either of Ulem may In their absolute dlscn!llon de!ermine. No ramady is intended to be exclusive of any oUler remedy, bUt each shall be cumulative end In addttfon to Ula others, to Ula lulles1 extent pennitled by law. 5.5 Applk:atlon of Fon,closure Sale Proceeds. Lender shalt apply the proceeds or any Trustee's Sale or other Foreclosure Sate to the Secured Obli1111lions firsL In the order of applicalio/1 raqulrecl by law, and lheleatler, In any older or application Lender determines In its sole discretion. ARTICLE& ASSIGNMENT G.1 No As1lgnment or Encum.._ by Boll'OW9f Without Lendor'• Con11nt Borrower acknowladgas and agreee that the Secure<! Obligations era personal IO Borrower and that the Identity of Borrower and Its members, sheraholders, partners end employees, and of any guarantors, and the relationship between Borrower and Lender, Borrower's creditworthiness, buslnase expertise, llnenciel c,m,frUon, end continued control of the Cotla1eral were material lnduoemenls upon which Lender relied in arranging Ula Secured Obligations. Accordngly, BolTOW8r shaU noL without Lendefs prior written consent or as othelwise expressly permitted in the Loan Oocumenll: (i) sell, convey, assign, encumber, or otherwise lranslar any or its right, title, or interest in end to the Collateral or any other Project asset, whether such lransfer or en<:umbrance Is voluntary or by opera1lon of law, (ii) sett, a11lgn, or transfer its lnte!9SI as borrower under the Secured Obligations, or (iii) transfer any stock or other ownership lhterest thet would cause a material change In the control of Bo1TOW8r (excluding, howeVer, transfeni of the Interests of limited par1ners or non-managing members of Borrower ff such ltansfers do not materially diminish the -rs of the general partner or manager of Bor,o-or oUlerwise cause a me\eriat chanije In the rights to manage and control Bom,wer). Any attempted assignment without such prior wrilllln consent shell be null and void, and of no effect. and shall also constitute an Event of Default. 1.2 Condlllonl to Appn,val of Allslgnmon~ A,; a condition of approving ony asslgnment, Lender may Impose sueh requirements '"1d oondillons as II determines ate appropriate In Its IOle dlscrwtion, Including, without llmitation, the requirement that Borrower and the a111m*~ party pay, In advance, any end all reasonable costs and expenses, Including reaeonabla attorney's and acccuntanrs feas Incurred by Lender In connection therewith. No approval of any assignment wll r-Borrower from any liability under the Loan Documents without Lendefs prior written consen~ which consent may be freely withheld. 6.3 Loan Due upon Prohlblled Trana!ltr or Encumbranm. Upon any transfer, assignment, or encunbnsnoe, es describe<! in Section 6.1 for which Lende(s written approval is required but has not been ob1alned, the entira outstanding balance owing under the fllole, Including principal, accrued interesl, and any other amounts ""'1ng under the Loan Documents shall become due and payable at Lender's cption, without any requirement for notice or demand, and Lender may pursue any remedies granted to k under !Ills Deed of Trust or any of the other Loan Documenlll. ARTICLE? RIGHTS UNDl!R CONDOMINIUM LAWS ANO CC&RS This Deed of Trust shall include tha following rights in comectlon with any condominium pllljecl or subdlvlalcn 111 be developed on the Land: 7.1 Security lntenat In Rights Under Condominium lawl and CCIRs. This Deed cf Trust and Lendefs security I-hereunder shell extend 111 all cf eo,,.._-, rfgl1t. title, end inlerest In and to any and all units, OOIMICn elements, development rights, declarant rights and any other rights of BolTOW8r In the Projeet now existing or subsequenUy afising under (I) all laws now emting or later enaeted relating 111 condominiums (collectively, the "Condominium Laws') and (ii) any covenants, cond~lons, end reslrictlons or condominium declaration governing the Project, es the same may be emended from time to time (collectively, the "CC&Ro'), 7 .2 R-ntatlona and WamanUeo. Borrower hereby represents, warrants, aid agnsas: Deed o/Trusr -Washington ND: 100ll.ll0408 48JO.l71:M25lvl Pag, l6of2/ ' 20140110000851 .016 • 7.2.1 Not to file, rec:on:I ot, amend eny Cc&Rs, pla~ or oondomlnlum survey map end plans ("S11M1y') in oonnectiOn with the Project Without the prior written consent of Lender, which consent Lender shell not unreasonably wl1hhotd; 7.2.2 Nol to file, adopt, amend, or cause to be edopted, filed, or amended, any downents estabUshlng or govemlng any condOmlnium assoclatlon or homeownef• ... oc1at1on for the Project (each an "Assoclalf<Nl1 or governing the actlona of owners, inckJdlng, withOul limitation, arUcle! of inco1POraticn or b~ of eny Association, design guidelines, or rules ana ragulatJona adopted by the Anoc:imn (eny such document, collectlvely with the Cc&Rs end Survey, as any may be amenaed fiorTI time to time, the "Gol/em/ng Oocumenr."), vAthout the prior written consent ol Lender, which consent Lender shall not unreasonably wilhhold; 7.2.3 To lake those steps necessary lo ensure that all Governing Documents for the Project comply with the condominium requirements, If applicable, of the Federal Housing Administration, the VA, the applicable versioo of the Fennie Mae Selling Guide, end the applicable ve11ion of the Freddie Mac Single-Family SelleliServicer Guide; 7.2.4 To satisfy all obligations of, to make all payments (lJe from, and to obseive end parform au terms and conditions to be performed by, Borrower (whether as e unit owner, As,ociatJon member, dkector, or offlcar, or dectarant) under the Goveming Documents. Condominium Laws. and other applicable law; 7 .2.5 During any period of Bonowefs declllrant control, to cause the Assacietlon's officers and diractors appointed by sono,,.,,r to comply vAlh the Governing Documents end eppn.-1aw; T.2.B To prepare and file iUch annual reports and other documents as mey be necessary to maintain entity registration of any Assoclallon conlrolled by Dectorant or an affiliete of Declanmt, in the stale where the Project is loceted; 7 .2.7 Not to taks eny ection that would render the Project a ·con..,.iOn condominium· under applicable law; and 7 .2.8 To pay all charges, including all common expenses liabil~les end assessments (special or genera11 lnsurenoe, ta,es, and other items Borrower is or may later be responsible for paying under the Governing Documents, Condominium Laws, or ether applicable laws. 7.3 Proxy. Until such time as this Deed of Trust Is fully reconveyed of rec:ont, Bom,wer pledges to Lender Its veto and constitutes Lender•• 8orrowe(s proxy (which eppcintmenl is ooupied with en intetesl) with sole right to ><>le upoo: 7.3.1 any partition of ell or any portiol\ of the Lend &Ubject to e condominium declaration; 7.3.2 the neture and emount rA any lnsuranoe .,.;u, respect to any such proporty and disposition cf any prnceeds thereof; 7 .3.3 the manner in whiCh eny condemnation or lhreef thereof shall be defended o, settled; 7.3.4 detennlnlllicn ao to whethar or not to restore or rebuild any portion of the Improvements; 7.3.5 7.3.6 the Condominium Laws. assessment of any expenses other than routine periolflc assessments: and removet ol ell or any polllon of the Lend or lmprovemonts from the provisicna of Nctwilhstandlng the foregoing. duMng the occooenoe of any Event of Oefaut. at Lender'$ etection, Borrower sllaB pledge to Lender Its vole(s) and ccnstifute Lender as Borrowers proxy (which appointment is coupled with an lntnst) with sole right to cast Its vole(s) on an actions of any nature wha1soever IIUbmllted lo a vcte of the IIIOlT08IS of any Association governing eny porlicn of the Project BorTow8r hereby autholizos Lender, as Borrower's ettomey~n-fect. to execute and deU-any s'""'1 proxy to the Associallon. 7.4 AulhOl'tzed Repn,Mnlative. Lender Is hervcy eppointed Borrowws autha!1zed rep,ese11tetlve (which eppolotme, ~ is coupled with ., interest) for the Inspection of books anc reconrs ao Deed o/Tnut • Washington NO: !OOll.0040i 4830-578~:llM Page /7o/21 20140110000851.017 '\ provided in the condomillUl!l dactaration and/or bylaws, which appointment Is krevocabla until such lime as this Deed of Trust Is reconveyad of record as -n p,ovided. 7.5 NOUCes, Etc. Borrower will provide, upon request of Lender, llUe and correct copies of: 7.5.1 any notices to the membe11 of the Asoocialion; 7.5.2 minutes of any Association meetings Including owners meetlngs and Board meetings; 7.5.3 any statement of ffnanclal condmon or the Asooclation, Inell.ding any budgets or proposed budgets; 7.5.4 any stalamant showing allocation of proportlonal occupancy, expenses and assessmenta Issued to Borrower; 7 .5.5 any notJce of default Issued lo Borrower; 7 .5.G any Public Offering Statement prepared tor the Project; and 7 .5.7 any amendment or proposed amendment to Iha Governing Documanla. 7 .6 Paymenl of Common Expanna. Unless prohibited by law, Lender or TJ\J$We, either prior to, oontemporaneously with, or subsequent to the foreclosure of this OIied of Trus~ or wtille pending the expiration of any applicable red-lion period subsequent to a jldcial foreclosure and sate upon execution of the Projact, may pay common expensn for wlllch Bonower may be liable to an Assoaalion, and subsequent to such payments Lender shall have a lien wl1hovt ms,ger on lhe Project for the amount paid of !he same prloril)' as the Han of this Daod of Tn.,st, or K subsoquent to sale or execution, said lien shell be prior to any lien he~ by any redemptioner as defined by law. ff Lander Is the successful bidder at any sate ..,on execution sUbsequent to a Ji.dicial foreclosure and obtains possassory rlghla lo the Collateral subject to redemption by the judgment debtor or redemption as defined by law, any payments made by the Lender or tts successor in interest lo satisfy condominium asoessmenls levlod end payable du!ing the redemption period shaa, in the event of any redemption, be recovorable by tender from the Judgment de- or tts suceesso11 in interest, or any redemptioner In the seme menner as any other 8SS8SSment or tax would be recoverable. 7.7 Condominium Insurance. The Insurance provisions of this Deed or Trust shan be doemod 118tisfl8d so long as, upon establishment of an AssodatiOn for the Project, the Association maintains (a) an "all risk; special form property policy on the condominium project that provides 100% replacement cost Insurance cove,age, and includes business Interruption coverage (and flood Insurance r applicable) from a company or companies with a Bast Guida nillng of A:V or better, r,n,viding a Lender's Loso Peyeble Endo11ement form 43SBFU In favor of Iha Lend•, and (b) a Compn,hensiva General Liability policy with llmlls of not loss then $1,000.000 combined single limtt per occurrence and 52,000,000 aggregala. 7 .8 Requtnsd Connnt of Lendor. Bonower shan not, exoopl with l.enclefs prior writtan consent 7 .8.1 creale or sell COndOmlnlum units In phasas; Lender musl 1peclficelly approve the structure of any ph .. ing plan and any amendmenta lo the condorrinium d-!or the purpose of adding additional phases to a condominium project; 7.8.2 convert condominium units or any portion lhereol lnlo common elements: 7.8.1 parllllon oroubdlvide the Lend or the Project 7.B.4 take any action that would rander Ille Project a ·conveniion oon(lomlnlum" under applicable law; 7.8.5 oonsent to Ille abandonment or termination of any condominium project. excep1 for abandorvnenl or termination provided by law In tho case of substanlilll tlaslNctlon by fire or othef casually or In the case ol lal<lng by condemnation or eminent domain; or 7.8.8 oonsont to any material amendment to the Governing Documents, Jncludlng, without limitation, any amendment that woUld change a condominium unit OMier's al-Interest In the common elements or a condcminlum. Dad o/TnlSI • W0.thl1f6IOn ND: 10011.00408 4Bl0·S78l.t2'5.S Pag, l8o/11 201'40110000851 .018 • • ARTICLEB MISCELLANeOUS PROVISIONS 8.1 Addlllonet Provlalons. The Loan Oocuments fully s1ale all of the lonns end conditions of the parties' agreement regarding the matters mentioned in or Incidental to this Deed of Trust The Loan Documents also granl flrtler rights to Lender ard contain ful1her agreements ard affirmative and nagatiw covenants by Bo"""""r lhat apply to this Oaed of Trust ard to the Collateral. B.2 Cooperation. Borrower &hall, upon request coopen,le with Lender or Trustee 10 oorrect any defect, error, or omission that may be discovered in the contents of thts Daed of Trust or in the execution or acknowledgment hOR10f. and will exscuta. ecknowledge. and deliver such funher instruments and take S<ldl further actions as may be reasonably requasled by Lender or Trustee to cany out more effectively Ille purpoSes of this Oaed of Trust, 8.3 Obllgallon• of Borrowar, Joint and Save'81. ff more than one parson has executed this Deed of Trust as Borrower, the obligations of all such persons hareunder shall be jojnl and ,•IMlral. 8.4 Sowrabtllty. If any tenn of lhls Deed of Trust, or Iha appllcatlon tharaol to any person or ci!QJfflSlancas. shall, to any extant. be invalid, void or unenforcaable, the remainder of this Deed of Trust or the appicatlon ot such tenn to persons or cir<:ums1ances other than IIIOSe as to ..tlkh II is invalid, vOid or unenforceable. shall not be affeC1ed thereby, and each term of tnis Oaed of Trust shall be vaHd Ord enforceable to the fullest extant permllted by law. ff the lien of !his Deed of Trust is invalid, void or unenforceable as to any part of the Secured Obligations, or W the Nen is Invalid, void or unenforceable as to any pert of the COiiateral, the unsao.imct or partiaDy secured portion of sudl indebtedness shall be completely pela prtor to the payment of Iha remaining secured or partially secured portion of such Secured Obligations, and all paymenlB mode on such Secured Obligations shall be consider8d to haVe been flrst paid and applied to the run payment of the unsetYred portiOn of such indebtedness. 8.5 No Waiver or Cu... No waiver or delay or omission in the a.arcise or enfon:ement by Lender of any of its rights or remedies hereunder or under any of the olher Loan Documents shell be consldansd a waiver of eny subsequent application of, or right to enfon:e, such right or remedy. or of the rig/it lo enfor<:e any other right or remedy of Lender In another instance. Furtiharmora, ro waiver of Lendefs rights °' remedies in one or more instances shall estabish a course of dealing or other agreement that will bind Lender or prohibit Lender from enforcing the tenns of this Doed of Trust or any other Loan Document in enather instance. 8.6 AddlUonal Security. ff Lender at any lime holds eddlllonal security for any of Iha Secured Obllgattons, all suet, sscurlty shall be taken, considered, and held cumulatively, and Lender may enfor<:e the ssle thereof or otherwise realize upon tha same, Bt 11s option, elthar before or concunrentty with the eicerclse of any of Its rightS or remedies hereunder or after a sale is made hansunder. The laking of additional security, the execution of p8/llal releases of the security, or any axtensicn of the time of paymant of the Secured Obligations shall rot diminish Iha for<:e, elf~ or lien of this Deed of Trust and shsl not affect or impair the liability of any maker, surety, or endorser for the payment of any such indebtedness. 1.7 lm-lUon of Tu. For pUrpoSes of this Section, "Tu" means: (a) a spec!foc tax on deeds of trust or on aU or any pan of the indebtedness secured by a deed of trust °' (b) a specific tax on the owner of the Collateral covered by a deed of lnlSt wlllch Iha taxpayer is authorized or required lo deduct from pe)'ITients on debt secured by Iha deed of trust; or (c) a tax on property ~ by a deed of trust chargeable against a bene11ciary or trustee uooer the deed cl trust or the hotder cl the note secured by the deed or trust; or (d) a specific tax (other than an Income tax or a gross receipts tax) on all or any POrtlon of the obligations secured hereby or on payments of principal and Interest made by a granter ..-.clar a deed of trusl tt any Tax Is enacted aubsequant to the dale of this Deed of Trust enactment of the Tax shaU constitute en Event of Default, and Larder may exeraso any or all of the nimedies available lo It upon the occurranca of any Event of Default, unles$ the Jollowtng conditions are met: (i) Borrower can lawfully pay the Tax v.ithout causing any r110IAting economic disadvantage or Increase of tax lo Leooer or Trustee; and (U) Borrower pays the Tax (lnctudlng any tax on the payment made) within 30 days after notlca from Lender that the tax laW has been enacled. a.a Amendmana. This Deed of Trust cannot be waived, changed, dlschsrged or lermlnated orally, but only by an instrument In writing signed by Borrower and Lender. 8.8 succa...,.. In lnte19St Subject lo Iha llmllatlons on lransfer contained In the Loan Documents. the terms, covenants, and cond!Vons herein conlalned shal be birding upon and Inure lo the Deed oJTrrur • Washington ND: 10011.00401 4BJ0.!7ll-42l5vl Page /9of21 20140110000851.019 .. benefit of the heirs, legatees, devlsees, administratois, executor,, successois and assigns of the parties hereto. 8.10 Modlflcalkm and Extension 1. Reference,; to the Note, the Loan Agreement, the Loan Documents and the Related Loan Doc!rnen1s In this document shal be deemed to Include alt modifications, sxlensions, and renewals thereof. 8.11 Appllcable Law. The provisions or !tis Deed of Trust ehall be governed by and construed In accordance with the laws of the Project State, withoU1 "'l!•rd IQ the choice of law rules of the Project Slate and excepl IQ the exlent lhat foceral laws preempt the laws of tho Pn,ject Slate. 8.12 Merger. No merger shall oca.r as a result of Lendefs acquiring any other astal8 In or any other lien on the Collateral untass Lender consents to a merger In writing. 8.13 Waiver of Manihallng. BOffl>Mr wai'les all rlgll1S. legal and equitable. It may row or hereafter have to require marshaling of assets or to require foreclos..e sale$ of assets in a particUlar order. Eacll sucoassor and assign of Bonower, including any holder of a lien sUbonllnate to this Deed of Trus1, by acceptance ol lls interest or lien, agrees that It shall be bound by the aboVe waiver, as ff It had given the waiver ltsett. 8.14 Unsewred Obllg111lona. Nolwilhstandlng anything to the contra,y set forth herein or any of the Loan Documents, this Deed of Trust shall not secure the 1o110,.;ng obligations (the "Unsec- Obl/gatlons"): (e) any obligations evidenc:ed by or arising under an lndependen1 lndemnlly, and (b) any other obligations In this Deed of Trust or In any of the other Loan Documents IQ the extent that such other obtige~ons relate speclllcally to the presence on the Land of Huanfous Substances (as defined In the Loan Agreement) and are the same or have the same effect as any of the obligations evldencad by or ariling under any lndapandant lndemni1y. Any breach or default with respect IO the Unsecurad Db&gations shall conntute an Event of Default hereunder, notwithstanding the fact that such Unsecured Ol>ligations are not secured by this Deed or Trust Nothing in this Section shall Impair or llmlt Lend<lr's right to obtain a judgment In accordenca with applceble law after foreck>sure for any deficiency In raa,vary of all obliga~ns that are secured by this Deed of Trust following foreclosure. 8., 5 Nollce. All notices, requests, demands, or other comrr,,,nications required hereunder shall be In writing end shaO be sent to 1he necessary parllas at their addrelsas set forth In the Loan Agreement or to such other addresses as such partias may designate In writing. All notices hereunder shall be effecilve three (3) days aft8r deposit In the U.S. Mai~ postage prepaid, regislered or cer1Hleo mall, return receipt requested, or upon delivery, ff delivered In parson to the appropriate adOresS. I. 18 Counlllrparta. This Deed of Trust may be executed In any number of counteq,arts, eacll of wl1lch when so executed shall be deemed to be an original and all of which taken together 1hal constitute ona and the same lnstnanent. Signature pages may be detached from the counterparts and atteched to a slnglecopy of this Deed of Trust to physically form one-for recording purpoaas. 8.17 Dl1eloaura/Dlsclatmara. Lender makes the following dlsclosu19S and disclaimers In c:omectlon with this Deed of Trust: 1.11.1 Aellollf So11Jy for ean,os pr Lander. Any and atl .-quont pun;t,-111 or the Collalllral, and any othar par1lotl acquiring an In-In the Collalllral, ar. henoby put on notice that any Inspection or -rovaf of any pan or any devalopment. conolructlon, ranovallon, or lmpn,vamant of the Collalanl by Landor or any apnt of Lender -I be made exclU81valy !of tho benefit or Lander, -Lender makH no r11pr9aentallons --to any third party acqulrtng any lntenist In the Collateral. Suell third party llhall have no rlghta of 19ll1111C8 upon any --n by Lanclar. Lender makee no 19ptHentallont --to any third party a to the adequacy or legality of any K11on of -.-r, and any ICllon of Lanclar 18 solely for U. benelll of Lander. 8.17.2 Adjytlabla Slit Mota. The Note contains provl-ponnltllng (a) lncreNel and -. tn the nste of lntareat pn,vidad In the Note, and (b) Inc-and clecreaN• In the pertodlc p,yrnenta required under the Nola. 8.18 WAIVER OF JURY TRIAL BORROWER HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RIGHT TO A TRIAL BY JURY IN AHY ACTION OR PROCEEDING BASED UPON, OR RELATED TO, THE SUBJECT MATIER OF THIS DEEO OF TRUST OR THE OTHER LOAN DOCUMENTS. THIS WAIVER IS KNOWINGLY, INTENTIONALLY, AND VOLUNTARU. V MADE BY BORROWER. AND BORROWER ACKNCNY!.EDGES THAT NO PERSON Dud ofTn,s1 • Washington ND: IOOll.oo401 •BJO.S78J"'25M PageJOo/2/ 20140110000851.020 • .. ACTING ON BEHALF OF LENDER HAS MADE ANY REPRESENTATIONS OF FACT TO INDUCE THIS WAIVER OF TRIAL BY JURY OR IN ANY WAY TO MODIFY OR NULLIFY ITS EFFECT. BORROWER FURTHER ACKNOWLEDGES THAT BORROWER HAS BEEN REPRESENTED (OR HAS HAD THE OPPORTUNITY TO BE REPRESENTED) IN THE SIGNING OF THE LOAN DOCUMENTS ANO IN THE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL, SELECTED OF BORROWER'S OWN FREE Will, AND THAT BORROWER HAS HAO THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH COUNSEL. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. DATED as of Iha day and year fir>t above wrinan. D,ed o/Trwt -Washington ND: 10011.00401 4830-5113-4:ZSM BORROWER: BREMERTON AVENUE TOWNHOtilES, LLC, a Washington llmlled liability company di;;~ ITS: MANAGER STATE IDENTIFICATION NO. 603-306-009 Pag,Z/ o/21 20140110000851.021 ,, . EXHIBITA LEGAL DESCRIPTION LOTS 2 AND 3, KING COUNTY SHORT PL.AT NUMBER 675015, RECORDED UNDER RECORDING NUMBER 7509050645, IN KING COUNTY, WASHINGTON. Deed o/Trust -W,uhington ND: 10011.00408 48JO.l78;1-a25M Exhibit A Pag< I of I 20140110000851 .022 MATTHEW B. STRAIGHT OSERAN HAHN SPRING STRAIGHT & WATTS PS 10900 NE 4TH Street SUITE 1430 BELLEVUE, WA 98004 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CIMARRON TOWNHOMES Declarant: BREMERTON AVENUE TOWN HOMES, LLC, a Washington limited liability company Legal Description: Lot 2 KC S.P. #675015, Rec. No. 709050645 Lot 3 KC S.P. #675015, Rec. No.709050645 King County, Washington. Additional legal description on Page 39 of document. Tax Parcel No(s).: 152305-9035-01 and 152305-9193-09 TABLE OF CONTENTS ARTICLE 1 -DEFINITIONS ............................................................................................ 1 ARTICLE 2 -MEMBERSHIP AND VOTING RIGHTS ..................................................... 3 2.1 Membership ................................................................................................. 3 2.2 Voting ......................................................................................................... 4 ARTICLE 3 -RIGHTS AND OBLIGATIONS OF THE ASSOCIATION ............................ 4 3.1 Common Area ............................................................................................. 4 3.2 Common Area Property Rights .................................................................... 4 3.3 Rules ........................................................................................................... 5 3.4 Enforcement. ............................................................................................... 5 3.5 Rights .......................................................................................................... 5 3.6 Indemnification ............................................................................................ 5 3.7 Dedication of Common Area ........................................................................ 6 3.8 Security ........................................................................................................ 6 3.9 Utility Lines .................................................................................................. 6 ARTICLE 4 -MAINTENANCE ......................................................................................... 7 4.1 Association's Responsibility ......................................................................... 7 4.2 Owner's Responsibility ................................................................................ 7 4.3 Private Drainage Easements ....................................................................... 8 4.4 Private Road and Utilities Easements ....................................................... 10 4.5 Standards of Performance ............................................................. 11 ARTICLE 5 -INSURANCE AND CASUAL TY LOSSES ................................................ 11 5.1 Association Insurance ............................................................................... 12 5.2 Damage and Destruction ........................................................................... 13 5.3 Disbursement of Proceeds ........................................................................ 14 5.4 Repair and Reconstruction ........................................................................ 14 ARTICLE 6 -NO PARTITION ....................................................................................... 14 ARTICLE 7 -CONDEMNATION ................................................................................... 15 ARTICLE 8 -ASSESSMENTS ...................................................................................... 15 8.1 Creation of Assessments ........................................................................... 15 8.2 Budget Approval and Computation of Base Assessment. ......................... 16 8.3 Reserve Budget and Capital Contribution .................................................. 17 8.4 Special Assessments ................................................................................ 17 DECLARATION OF CIMARRON TOWNHOMES i F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 8. 5 Specific Assessments ................................................................................ 17 8.6 Lien for Assessments ................................................................................ 17 8.7 Date of Commencement of Assessments .................................................. 18 8.8 Failure to Assess ....................................................................................... 18 8.9 Capitalization of Association ...................................................................... 18 8.10 Exempt Property ........................................................................................ 19 ARTICLE 9 -ARCHITECTURAL STANDARDS ............................................................ 19 9.1 General. ....................................................................................................... 19 9.2 Architectural Review .................................................................................... 19 9.3 Guidelines and Procedures ......................................................................... 20 9.4 No Waiver of Future Approvals .................................................................... 20 9. 5 Variances ..................................................................................................... 20 9 .6 Limitation of Liability .................................................................................... 21 9. 7 Enforcement. ............................................................................................... 21 ARTICLE 10 -USE GUIDELINES AND RESTRICTIONS ............................................. 21 10.1 Plan of Development: Applicability; Effect. ................................................ 21 10.2 Board Power. ............................................................................................. 22 10.3 Members' Power ........................................................................................ 22 10.4 Owners' Acknowledgment. ........................................................................ 22 10.5 Rights of Owners ....................................................................................... 23 10.6 Initial Use Guidelines and Restrictions ...................................................... 24 ARTICLE 11 -EASEMENTS ......................................................................................... 27 11.1 Easements of Encroachment.. ................................................................... 27 11.2 Easements for Utilities. Etc ........................................................................ 27 11.3 Easement for Emergency .......................................................................... 28 11.4 Easements for Maintenance and Enforcement. ......................................... 28 ARTICLE 12 -MORTGAGEE PROVISIONS ............................................................... 28 12 .1 Notices of Action ........................................................................................ 28 12.2 Other Provisions for First Lien Holders ...................................................... 29 12.3 Amendments to Documents ...................................................................... 29 12.4 No Priority .................................................................................................. 30 12.5 Notice to Association ................................................................................. 31 12.6 Amendment by Board ................................................................................ 31 12. 7 Applicability of Article 12 ............................................................................ 31 12.8 Failure of Mortgagee to Respond .............................................................. 31 ARTICLE 13 -DECLARANT'S RIGHTS ........................................................................ 31 DECLARATION OF CIMARRON TOWNHOMES ii F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 ARTICLE 14 -DISPUTE RESOLUTION AND LIMITATION ON LITIGATION .............. 32 14.1 Agreement to Avoid Costs of Litigation and to Limit Right to Litigate Disputes ........................................................................................ 32 14.2 Exempt Claims .......................................................................................... 32 14.3 Mandatory Procedures for All Other Claims .............................................. 33 14.4 Allocation of Costs of Resolving Claims .................................................... 35 14.5 Enforcement of Resolution ........................................................................ 35 ARTICLE 15 -GENERAL PROVISIONS ....................................................................... 35 15.1 Term .......................................................................................................... 35 15.2 Amendment. .............................................................................................. 35 15.3 Severability ................................................................................................ 35 15.4 Litigation .................................................................................................... 35 15.5 Compliance ................................................................................................ 36 15.6 Notice of Sale or Transfer of Title .............................................................. 36 EXHIBIT A .......................................................................................................... 39 DECLARATION OF CIMARRON TOWNHOMES iii F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CIMARRON TOWNHOMES THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this day of , 2013, by BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company ("Declarant"). Declarant is the owner of the real property described in Exhibit A attached hereto and incorporated herein by reference. Declarant intends by this Declaration to (a) impose upon the Property mutually beneficial restrictions under a general plan of improvement for the benefit of all owners of such property; (b) provide a flexible and reasonable procedure for the overall development of the Property; (c) establish a method for the administration, maintenance, preservation, use and enjoyment of the Property; (d) create easements, covenants, conditions and restrictions to protect the value and desirability of the real property subject to this Declaration; and (e) establish a Homeowners Association, to be known as CIMARRON COMMUNITY ASSOCIATION. Declarant hereby declares that the Property shall be held, sold, used and conveyed subject to the provisions of this Declaration, which are for the purpose of protecting the value and desirability of and which shall run with title to the Property. This Declaration shall be binding on all parties having any interest in the Property, their heirs, successors and assigns, and shall inure to the benefit of each Owner. ARTICLE 1 DEFINITIONS 1.1 "Areas of Common Responsibility". The Common Area and the portions of Lots and other areas, if any, which become the responsibility of the Association to maintain, including but not limited to, the following: (a) the entry monument sign area located on Lot 1, (b) the perimeter fences along the boundaries of the Property, (c) the planter strip located along Bremerton Avenue, (d) the driveway, recreation area and related improvements located on Tract A, (e) the planting areas located along the north and south boundaries of the Property, (f) certain planting areas located in the front yards of Lots, and (f) the rockery located on the east side of the Property. 1.2 "Articles". The Articles of Incorporation of CIMARRON COMMUNITY ASSOCIATION filed with the Secretary of State of the state of Washington. 1.3 "Association". CIMARRON COMMUNITY ASSOCIATION, its successors or assigns. DECLARATION OF CIMARRON TOWNHOMES 1 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 1.4 "Base Assessment". Assessments levied on all Lots subject to assessment under Article 8 to fund Common Expenses for the general benefit of all Lots, as more particularly described in Sections 8.1 and 8.2. 1.5 "Board of Directors" or "Board". The body responsible for administering the Association, selected as provided in the Bylaws and serving as the Board of Directors under Washington corporate law. 1.6 "Bylaws". The Bylaws of the Association, as they may be amended. 1.7 "Cimarron Townhomes". The development comprised of all property subjected to this Declaration. 1.8 "Class "B" Control Period". The period during which the Class "B" Member is entitled to appoint a majority of the Board members under Section 3.2 of the Bylaws. 1.9 "Common Expenses". The actual and estimated expenses incurred, or anticipated to be incurred, by the Association for the general benefit of all Owners, including any reasonable reserve, all as may be found necessary and appropriate by the Board under this Declaration, the Bylaws and the Articles of the Association. Common Expenses include but are not limited to real estate taxes and similar charges for Common Areas. 1.10 "Common Areas". The Common Areas are portions of the Property owned and maintained by the Association for the benefit of all Owners as described herein. Tract A is the only Common Area located in the Property. Tract A contains an underground storm water detention vault, a driveway providing access to Lot 7, and an open space/recreation area with a small tot lot. Declarant, on its sole signature, may amend the Declaration to include additional Common Areas to be incorporated into CIMARRON TOWN HOMES and subjected to this Declaration as provided for herein. 1.11 "Community-Wide Standards". Standards of conduct, maintenance or other activity generally prevailing throughout the Property. Such standards may be more specifically determined by the Board and the Architectural Control Committee. 1.12 "Declarant". BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company, and its (a) successor by merger or consolidation, (b) successor-in-title, or (c) assignee, provided any such successor-in-title or assignee shall own or acquire for the purpose of development or sale all or any portion of the remaining unsold portions of the real property described in the attached Exhibit A; and provided further, in the instrument of conveyance to any such successor-in-title, such successor-in-title or assignee is designated as "Declarant" hereunder by the granter of such conveyance or assignor, as the case may be, such granter or assignor shall be the "Declarant" under this Declaration at the time of such conveyance or assignment; and DECLARATION OF CIMARRON TOWNHOMES 2 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 provided further, upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant" under this Declaration shall cease, it being understood that as to all of the property described in Exhibit A, which is now or hereafter subjected to this Declaration, there shall be only one (1) "Declarant" hereunder at any one point in time. 1.13 "Lot". Any contiguous portion of the Property, whether improved or unimproved, other than Common Area and property dedicated to the public, which may be independently owned, conveyed, developed and used as a detached residence for a single family. The term shall refer to the land, if any, which is part of the Lot as well as any improvements thereon. The Property consists of twenty-six (26) Lots, all of which are shown on the Plat Map. 1.14 "Member". A person entitled to membership in the Association. 1.15 "Mortgage". Any mortgage, deed of trust or similar instrument used for the purpose of encumbering the Property as security for the payment or satisfaction of an obligation. 1.16 "Mortgagee". The holder of a Mortgage. 1.17 "Owner". One or more Persons who hold the record title to any Lot, except persons holding an interest merely as security for the performance of an obligation, in which case the equitable owner will be considered the Owner. Unless a recorded contract of sale specifically provides otherwise, the purchaser (rather than the fee owner) will be considered the Owner. 1.18 "Person". A natural person, corporation, partnership, trustee or any other legal entity. 1.19 "Plat Map". The recorded subdivision map for ______ _ 1.20 "Property". The real property described in Exhibit A. 1.21 "Special Assessments". All Assessments levied under Section 9.4. 1.22 "Specific Assessments". All Assessments levied under Section 9.5. ARTICLE 2 MEMBERSHIP AND VOTING RIGHTS 2.1 Membership. Every Owner shall have a membership in the Association. No Owner shall have more than one membership per Lot owned. If a Lot is owned by more than one Person, all co-Owners shall be entitled to the privileges of membership, subject to the restrictions on voting set forth in Section 2.2 and in the Bylaws. All DECLARATION OF CIMARRON TOWNHOMES 3 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 co-Owners shall be jointly and severally obligated to perform the responsibilities of Owners hereunder. The membership rights of an Owner who is a natural person may be exercised by the Member or the Member's spouse. The membership rights of an Owner which is a corporation, partnership or other legal entity may be exercised only by the individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Association. 2.2 Voting. The Association shall have two (2) classes of membership, Class 11 A11 and Class "B". 2.2.1 Class "A". Class "A" Members shall be all Owners except the Class "B" Member, if any. Each Class "A" Member shall have one (1) equal vote for each Lot in which he or she holds the interest required for membership under Section 2.1. There shall be only one (1) vote per Lot. In any situation where there is more than one Owner of a particular Lot, the vote for such Lot shall be exercised as such co-Owners determine among themselves and advise the Secretary of the Association in writing prior to any meeting. Absent such advice, the Lot's vote shall be suspended if more than one Person seeks to exercise it. 2.2.2 Class "B". The sole Class "B" Member shall be Declarant. The rights of the Class "B" Member are specified elsewhere in the Articles, Declaration and Bylaws. The Class "B" Member may appoint a majority of the Board members during the Class "B" Control Period, as specified in Section 3.2 of the Bylaws. The Class "B" membership shall terminate and convert to Class "A" membership upon the earlier of (a) five (5) years after expiration of the Class "B" Control Period; or (b) when, in its discretion, Declarant so determines and declares in a recorded instrument. ARTICLE 3 RIGHTS AND OBLIGATIONS OF THE ASSOCIATION 3.1 Common Area. The Association, subject to the rights of the Owners set forth in this Declaration, shall manage and control the Common Area and all improvements thereon and shall keep it in good, clean, attractive, safe, secure and sanitary condition, order and repair under the terms and conditions of this Declaration and consistent with the requirements of the City of Renton. It is anticipated that the underground storm water detention vault will be maintained by the City of Renton. 3.2 Common Area Property Rights. Every Owner shall have a right and nonexclusive easement of use, access and enjoyment in and to the Common Area, subject to the following: (a) this Declaration, any other applicable covenants, and the terms of any deed conveying such property to the Association; {b) the right of the Board to adopt rules regulating the use and enjoyment of the Common Area, including rules limiting the number of guests; and (c) the right of the Board to suspend an Owner's right to use recreational facilities within the Common Area (i) for any period during which any charge, including Assessments, against such Owner's Lot remains delinquent, and/or DECLARATION OF CIMARRON TOWNHOMES 4 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 (ii) for a period not exceeding thirty (30) days for a single violation, or for a longer period in the case of any continuing violation, of the Declaration, the Bylaws or rules of the Association after notice and a hearing under the Bylaws. Any Owner may extend their right of use and enjoyment to the Members of their family, lessees and social invitees, as applicable, subject to rules of the Board. An Owner who leases their Lot shall be deemed to have assigned all such rights to the lessee. 3.3 Rules. The Association, through its Board, may make, modify and enforce reasonable rules governing the use of the Property, consistent with the rights and duties established by this Declaration, as provided in Article 10. Such rules shall bind all Owners, occupants, invitees and licensees until and unless repealed or modified in a regular or special meeting of the Association by the vote of sixty-seven percent (67%) of the total Class "A" votes and, so long as such membership exists, by the Class "B" Member. 3.4 Enforcement The Association may impose sanctions for violations of this Declaration, the Bylaws or rules, including without limitation reasonable monetary fines, suspension of voting rights and the right to use any recreational facilities within the Common Area. In addition, under the Bylaws, the Association may exercise self-help remedies to cure violations and may suspend any services it provides to the Lot of any Owner thirty (30) days or more delinquent in paying any Assessment or other charge due to the Association. The Board may seek relief in any court for violations or to abate nuisances. Board actions to impose or seek sanctions shall be governed by the Bylaws. 3.5 Rights. The Association may exercise any right or privilege given to it expressly by this Declaration or the Bylaws, or which may be reasonably implied from, or reasonably necessary to effectuate, any such right or privilege. 3.6 Indemnification. The Association, to the fullest extent allowed by law, shall indemnify every officer, director and committee member against all expenses, including counsel fees, reasonably incurred by or imposed upon such officer, director or committee member in connection with any action, suit or other proceeding (including settlement of any suit or proceeding, if approved by the Board) to which he or she may be a party by reason of being or having been an officer, director or committee member. The officers, directors and committee members shall not be liable for any mistake of judgment, except for their own individual misfeasance, malfeasance, misconduct or bad faith, and shall have no personal liability to third parties with respect to any contract or action taken by them in good faith on behalf of the Association. The Association shall indemnify and hold each such officer, director and committee member harmless against all liability to others on account of any such contract, commitment or action. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any present or former officer, director or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and DECLARATION OF CIMARRON TOWNHOMES 5 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 officers and directors liability insurance to fund this obligation, if such insurance is reasonably available. 3.7 Dedication of Common Area. The Association, by Board resolution, may dedicate or grant easements over or under portions of the Common Area on behalf of the Owners to any local, state or federal government entity, public utility or private party when such conveyance is consistent with the requirements of the City of Renton or other applicable jurisdiction for the development of the Property, or Declarant's master plan for the development of the Property. 3.8 Security. Neither the Association, Declarant nor any successor Declarant shall in any way be considered insurers or guarantors of security within the Property. Neither the Association, Declarant nor any successor Declarant shall be held liable for any loss or damage for failure to provide adequate security or ineffectiveness of security measures undertaken. All Owners and occupants of any Lot, and all tenants, guests and invitees of any Owner, acknowledge that the Association and its Board, Declarant, any successor Declarant, and the ACC represent or warrant that any fire protection system, burglar alarm system or other security system designated by or installed according to guidelines established by Declarant or the ACC may not be compromised or circumvented; nor that any fire protection or burglar alarm system or other security systems will prevent loss by fire, smoke, burglary, theft, holdup or otherwise; nor that fire protection or burglar alarm systems or other security systems will in all cases provide the detection or protection for which the system is designed or intended. All Owners and occupants of any Lot, and all tenants, guests and invitees of any Owner acknowledge and understand that the Association, its Board, committees, Declarant or any successor Declarant are not insurers. All Owners and occupants of any Lot and all tenants, guests and invitees of any Owner assume all risks for loss or damage to persons, to Lots and to the contents of Lots, and further acknowledge that the Association, its Board, committees, Declarant or any successor Declarant have made no representations or warranties, nor has any Owner, occupant or any tenant, guest or invitee of any Owner relied upon any representations or warranties, expressed or implied, including any warranty of merchantability or fitness for any particular purpose relative to any fire and/or burglar alarm systems or other security systems recommended or installed or any security measures undertaken within the Property. 3.9 Utility Lines. Each Owner, occupant, guest and invitee acknowledges that neither the Association, the Board nor Declarant shall in any way be considered insurers or guarantors of health within the Property, and neither the Association, the Board nor Declarant shall be held liable for any personal injury, illness or any other loss or damage caused by the presence or malfunction of utility lines adjacent to, near, over or on the Property. Each Owner, occupant, guest and invitee assumes all risk of personal injury, illness or other loss or damage arising from the presence of utility lines, and further acknowledges that neither Declarant nor the Association has made any warranties, nor has any Owner, occupant, guest or invitee relied upon any DECLARATION OF CIMARRON TOWNHOMES 6 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 . representations or warranties, expressed or implied, relative to the condition or impact of utility lines or utility substations. ARTICLE 4 MAINTENANCE 4.1 Association's Responsibility. The Association shall maintain and keep in good repair the Areas of Common Responsibility, which shall include but need not be limited to: (a) any Common Area, including the underground storm water detention vault and related facilities located in Tract A (until the City of Renton assumes responsibility for the maintenance thereof; (b) any contract, easement or agreement for maintenance thereof entered into by either the Association or Declarant, on behalf of the Association, to be included within any Areas of Common Responsibility, if any; Notwithstanding the foregoing, at any time after two (2) years following the recording of this Declaration, the Board may elect to require the front yard planting areas described in Section 1 (f). Except as provided above, the Area of Common Responsibility shall not be reduced by Amendment of this Declaration or any other means without prior written approval of Declarant so long as Declarant owns any property subject to the Declaration. The Association shall be relieved of its responsibilities under this Section to the extent they are assumed by the City of Renton or any other local, state or federal government entity, except that the Association may provide any additional maintenance for the Area of Common Responsibility transferred to any such government entity, if the Board determines that such additional maintenance is necessary or desirable to maintain the Community-Wide Standards. The Association may also maintain other property which it does not own, including property dedicated to the public, if the Board determines that such maintenance is necessary or desirable to maintain the Community-Wide Standards. Except as otherwise specifically provided, all costs for maintenance, repair and replacement of the Area of Common Responsibility shall be a Common Expense allocated among all Lots as part of the Base Assessment without prejudice to the Association's right to seek reimbursement from Persons responsible for such work. 4.2 Owner's Responsibility. Except as otherwise set forth in the Declaration, each Owner shall maintain their Lot, including without limitation all structures, fencing, yard drains, drainage, landscaping, parking areas and other improvements comprising DECLARATION OF CIMARRON TOWNHOMES 7 F:\MBS\Conner Homes Group\Cimarron\Deciaration 1.docx 12/20/2013 (m) #210061.014 the Lot consistent with the Community-Wide Standards and all applicable covenants, unless such maintenance responsibility is assumed by or assigned to the Association. In addition to any other enforcement rights, if any Owner fails to properly maintain their Lot, the Association may perform such maintenance and assess the costs against the Lot and the Owner under Article 9; provided, that the Association shall give the Owner reasonable notice and an opportunity to perform such maintenance, unless the Board determines that maintenance is needed on an emergency basis. 4.2.1 Slope Maintenance. Each Lot Owner must maintain and shall not modify the slope grades of their Lot from the original grade and condition installed by Declarant. Likewise, each Lot Owner must maintain and shall not modify any of the original landscaping on any such slopes installed by Declarant. If Lot Owners fail to do so, the Association shall perform all slope work necessary to maintain slope grades of Lots and will assess the costs of such maintenance against the Lot and the Owner as provided herein. No Lot Owner may modify or alter in any way the natural water drainage from or across their Lot in a manner which would impair or prevent water drainage into the water drainage conveyance systems internal to all Lots. 4.2.2 Fences and Irrigation. TBD. 4.3 Private Drainage Easements and Maintenance of Private Drainage Facilities. The Plat for the Property establishes a number of private drainage easements over Lots for the benefit of specific Lots. All of the private drainage easements are shown on the Plat Map. The Lots benefitted by any such private drainage easements, and the Lots Owners responsible to maintain the private drainage facilities located therein are as follows 4.3.1 The ten ( 10) foot private drainage easement located on Lot 3 is for the benefit of Lots 1 and 2. The Owners of Lots 1, 2 and 3 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1, 2 and 3. 4.3.2 The ten (10) foot private drainage easement located on Lot 4 is for the benefit of Lots 1, 2 and 3. The Owners of Lots 1 through 4 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1 through 4. 4.3.3 The ten (10) foot private drainage easement located on Lot 5 is for the benefit of Lots 1 through 4. The Owners of Lots 1 through 5 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1 through 5. DECLARATION OF CIMARRON TOWNHOMES 8 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 4.3.4 The ten (10) foot private drainage easement located on Lot 6 is for the benefit of Lots 1 through 5. The Owners of Lots 1 through 6 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1 through 6. 4.3.5 The ten (10) foot private drainage easement located on Lot 8 is for the benefit of Lot 7. The Owners of Lots 7 and 8 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally between the Owners of Lots 7 and 8. 4.3.6 The ten (10) foot private drainage easement located on Lot 9 is for the benefit of Lot 10. The Owners of Lots 9 and 1 O are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally between the Owners of Lots 9 and 10. 4.3.7 The ten (10) foot private drainage easement located on Lot 20 is for the benefit of Lot 19 and Lots 21 through 24. The Owners of Lots 19 through 26 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 19 through 26. 4.3.8 The five (5) foot private drainage easement located on Lot 20 is for the benefit of Lot 19. The Owner of Lots 19 is responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be paid by the Owner of Lot 19. 4.3.9 The ten (10) foot private drainage easement located on Lot 23 is for the benefit of Lots 21, 22, and Lots 24 through 26. The Owners of Lots 19 through 26 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally among the Owners of Lots 19 through 26. 4.3.10 The five (5) foot private drainage easement located on Lot 23 is for the benefit of Lot 21. The Owner of Lot 21 is responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be paid by the Owner of Lot 21. 4.3.11 The ten (10) foot private drainage easement located on Lot 24 is for the benefit of Lots 21, 25 and 26. The Owners of Lots 22 through 26 are jointly responsible to maintain any private drainage facilities located in such private drainage easement, the costs of which maintenance shall be shared equally between the Owners of Lots 22 through 26. DECLARATION OF CIMARRON TOWNHOMES 9 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 4.4 Private Road and Utilities Easements. The Plat for the Property establishes a number of private road and utilities easements over Lots for the benefit of specific Lots. All of the private road and utilities easements are shown on the Plat Map. The Lots benefitted by any such private road and utility easements, and the Lots Owners responsible to maintain the private road and utilities facilities located therein are as follows: 4.4.1 The nineteen ( 19) foot private road and utilities easement located on Lots 1, 2 and 3 is for the benefit of Lots 1, 2 and 3. The Owners of Lots 1, 2 and 3 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally among the Owners of Lots 1, 2 and 3. 4.4.2 The nineteen (19) foot private road and utilities easement located on Lots 4 and 5 is for the benefit of Lots 4 and 5. The Owners of Lots 4 and 5 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 4 and 5. 4.4.3 The nineteen ( 19) foot private road and utilities easement located on Lots 8 and 9 is for the benefit of Lots 8 and 9. The Owners of Lots 8 and 9 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 8 and 9. 4.4.4 The nineteen (19) foot private road and utilities easement located on Lots 1 O and 11 is for the benefit of Lots 1 O and 11. The Owners of Lots 10 and 11 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 10 and 11. 4.4.5 The nineteen (19) foot private road and utilities easement located on Lots 12 and 13 is for the benefit of Lots 12 and 13. The Owners of Lots 12 and 13 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 12 and 13. 4.4.6 The twenty-six (26) foot private road and utilities easement located on Lots 14 through 17 is for the benefit of Lots 14 through 17. The Owners of Lots 14 through 17 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally between the Owners of Lots 14 through 17. 4.4.7 The nineteen (19) foot private road and utilities easement located on Lots 19, 20, 21 and 23 is for the benefit of Lots 19, 20, 21 and 23. The Owners of DECLARATION OF CIMARRON TOWNHOMES 10 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 Lots 19, 20, 21 and 23 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally among the Owners of Lots 19, 20, 21 and 23. 4.4.8 The nineteen (19) foot private road and utilities easement located on Lots 22, 24, 25 and 26 is for the benefit of Lots 22, 24, 25 and 26. The Owners of Lots 22, 24, 25 and 26 are jointly responsible to maintain any private road and utility facilities located in such private road and utilities easement, the costs of which maintenance shall be shared equally among the Owners of Lots 22, 24, 25 and 26. 4.5 Standard of Performance. Unless otherwise specifically provided in this Declaration or in other instruments creating and assigning such maintenance responsibility, responsibility for maintenance shall include responsibility for repair and replacement, as necessary. All maintenance shall be performed consistent with the Community-Wide Standards and all applicable covenants. Neither the Association, Declarant nor any Owner shall be liable for any damage or injury occurring to or arising out of the condition of property maintained by the Association. ARTICLE 5 INSURANCE AND CASUAL TY LOSSES 5.1 Association Insurance. The Association, acting through its Board or its duly authorized agent, shall obtain blanket "all-risk" insurance, if reasonably available, for all insurable improvements on the Common Area and other portions of the Area of Common Responsibility for which it has assumed responsibility for maintenance, repair and/or replacement. If blanket "all-risk" coverage is not generally available at reasonable cost, fire and extended coverage insurance, including coverage for vandalism and malicious mischief, shall be obtained. The face amount of the policy shall be sufficient to cover the full replacement cost of insured structures. The Board shall also obtain a public liability policy covering the Area of Common Responsibility, insuring the Association and its Members for all damage or injury caused by the negligence of the Association, any of its Members, its employees, agents or contractors acting on its behalf. If generally available at reasonable cost, the public liability policy shall have at least a Two Million Dollar ($2,000,000) combined single limit per occurrence and in the aggregate. The Association shall also obtain, if reasonably available, an umbrella policy providing at least Three Million Dollars ($3,000,000) in additional coverage, bringing total liability coverage to at least Five Million Dollars ($5,000,000). Premiums for all insurance shall be Common Expenses included in the Base Assessment. The policies may contain reasonable deductibles which shall be disregarded in determining whether the insurance meets the coverage requirements. In the event of an insured loss, the deductible shall be treated as a Common Expense. DECLARATION OF CIMARRON TOWNHOMES 11 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 However, if the Board reasonably determines, after notice and an opportunity to be heard under the Bylaws, that the loss resulted from negligence or willful misconduct of one or more Owners, then the Board may assess the full amount of such deductible against such Owner(s) and their Lot(s) under Section 9.6. All insurance coverage obtained by the Board on behalf of the Association shall: (a) be written with a company authorized to do business in Washington which holds a B or better general policyholder's rating, or a financial performance index of 6 or better in the Best's Key Rating Guide, or an A or better rating from Demotech, Inc., or in the alternative, the highest rating generally available; (b) be written in the name of the Association as trustee for the benefitted parties (policies on the Common Area shall be for the benefit of the Association and its Members); (c) vest in the Board exclusive authority to adjust losses, provided that a Mortgagee having an interest in such losses may participate in any settlement negotiations; ( d) provide that it will not be brought into contribution with insurance purchased by individual Owners, occupants or their Mortgagees; (e) if for property insurance, have inflation guard endorsements, if reasonably available; (f) if containing a co-insurance clause, have an agreed amount endorsement, if reasonably available; and (g) provide for a Certificate of Insurance to be furnished to the Association. A copy of such Certificate shall be provided by the Association to any Member upon request. The Association shall arrange for an annual review of the sufficiency of insurance coverage by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the area of King County, Washington. The Board shall use reasonable efforts to secure insurance policies that provide endorsements: (i) waiving subrogation as to any claims against the Association's Board, officers, employees and Manager, the Owners and occupants of Lots and their respective tenants, servants, agents and guests; DECLARATION OF CIMARRON TOWNHOMES 12 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 (ii) wa1v1ng rights of the insurer to repair and reconstruct instead of paying cash; (iii) providing that the policy may not be cancelled, invalidated, suspended or subjected to non-renewal on account of any one or more individual Owners; (iv) providing that the policy may not be cancelled, invalidated, suspended or subjected to non-renewal on account of any curable defect or violation without prior written demand to the Association to cure the defect or violation and allowance of a reasonable time to cure; (v) excluding individual Owner policies from consideration under any other insurance clause; and (vi) providing that the Association will be given at least thirty (30) days' prior written notice of any cancellation, substantial modification or non-renewal. The Association also shall obtain, as a Common Expense, a fidelity bond or bonds, if generally available at reasonable cost, covering all persons responsible for handling Association funds. The amount of fidelity coverage shall be determined by the Board but, if reasonably available, may not be less than one-fourth ( 1 /4) of the annual Base Assessments on all Lots plus reserves on hand. Bonds shall contain a waiver of all defenses based upon the exclusion of Persons serving without compensation and shall require at least thirty (30) days' prior written notice to the Association of any cancellation, substantial modification or non-renewal. The Board shall also obtain liability insurance coverage for directors and officers in the amount of at least Two Million Dollars ($2,000,000), if reasonably available, insuring the Association and its officers, directors and committee members (former, present and future) from liability for any actions or decisions for which the Association would have the duty to indemnify them under this Declaration. The Board shall also obtain, as a Common Expense, worker's compensation and employer's liability insurance if and to the extent required by law, and such other insurance as it deems necessary or advisable, including flood insurance. 5.2 Damage and Destruction. 5.2.1 Immediately after damage or destruction by fire or other casualty to all or any part of the Property covered by insurance written in the name of the Association, the Board or its agent shall file all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this Section, means repairing or restoring the property to substantially the condition existing prior to DECLARATION OF CIMARRON TOWNHOMES 13 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m} #210061.014 the damage, with any changes needed to comply with applicable building codes. 5.2.2 Any damage to the Common Area shall be repaired or reconstructed unless at least seventy-five percent (75%) of the total Class "A" votes in the Association, and the Class "B" Member, if any, decide within sixty (60) days after the loss either (a) not to repair or reconstruct, or (b) to construct alternative improvements. If either the insurance proceeds or reliable, detailed estimates of the cost of repair or reconstruction are not available to the Association within the sixty (60) day period, then the period may be extended for not more than sixty (60) additional days. No Mortgagee shall have the right to participate in the determination of whether the damage or destruction to the Common Area shall be repaired or reconstructed. 5.2.3 If it is determined that the damage to the Common Area shall not be repaired or reconstructed and no alternative improvements on the affected portion of the Property are authorized, the affected area shall be cleared of all debris and ruins and thereafter maintained by the Association in a neat and attractive, landscaped condition consistent with the Community-Wide Standards. 5.3 Disbursement of Proceeds. Any insurance proceeds remaining after paying for repair or reconstruction or, if no repair or reconstruction is made, after such settlement as is necessary and appropriate with the affected Owner and their Mortgagees as their interests may appear, shall be retained by the Association and placed in a capital improvements account. This is a covenant for the benefit of any Mortgagee of a Lot and may be enforced by such Mortgagee. 5.4 Repair and Reconstruction. If the insurance proceeds are insufficient to pay for repairing or reconstructing the damage to the Common Area, the Board may, during and following the completion of any repair or reconstruction and without membership approval, levy Special Assessments to pay for such repair or reconstruction against those Owners responsible for the premiums for the applicable insurance coverage under Section 5.1. The Association shall have the exclusive right to deal with all venders, contractors or subcontractors in connection with the performance of any such repair and/or reconstruction work. ARTICLE 6 NO PARTITION Except as permitted in this Declaration or amendments to this Declaration, the Common Area shall remain undivided, and no Owner nor any other Person shall bring any action for partition of the whole or any part thereof without the written consent of all Owners and Mortgagees. DECLARATION OF CIMARRON TOWNHOMES 14 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 ARTICLE 7 CONDEMNATION Whenever any part of the Common Area shall be taken or conveyed under threat of condemnation by any authority having the power of eminent domain, each Owner shall be entitled to notice thereof. The Board may convey Common Area under threat of condemnation only if approved in writing by at least sixty-seven percent (67%) of the total Class "A" votes in the Association and Declarant, as long as Declarant owns any Property described on Exhibit A. The award made for such taking or conveyance shall be payable to the Association as trustee for all Owners to be disbursed as follows: If the taking involves a portion of the Common Area on which improvements have been constructed, the Association shall restore or replace such improvements on the remaining land included in the Common Area to the extent practicable, unless within sixty (60) days after such taking, Declarant, so long as Declarant owns any Property described in Exhibit A, and at least sixty-seven percent (67%) of the total Class "A" vote of the Association shall otherwise agree. Any such construction shall be in accordance with plans approved by the Board. The provisions of Section 5.3 regarding the disbursement of funds shall apply to disbursement of awards. ARTICLE 8 ASSESSMENTS 8.1 Creation of Assessments. There are hereby created three (3) types of Assessments for Association expenses: (a) Base Assessments to fund Common Expenses for the general benefit of all Lots, (b) Special Assessments as described in Section 8.4, and (c) Specific Assessments as described in Section 8.5. Each Owner, by acceptance of a deed or recording a contract of sale for any portion of the Property, is deemed to covenant and agree to pay these Assessments as levied from time to time by the Association. All Assessments, together with interest at a rate set by the Board (not to exceed eighteen percent [18%] or the highest rate allowed by Washington law, if less) from the date of delinquency, late charges, costs and reasonable attorneys' fees, shall be a charge and a continuing lien upon each Lot against which the Assessment is made until paid, as more particularly provided in Section 8.6. Each such Assessment, with interest, late charges, costs of collection, including reasonable attorneys' fees, also shall be the personal obligation of the Person who was the Owner of such Lot at the time the Assessment arose. If title to a Lot is transferred, the grantee shall be jointly and severally liable for Assessments and charges due at the time of conveyance, except that a first Mortgagee who obtains title to a Lot by exercising rights under the Mortgage shall not be liable for previously accrued Assessments and related charges. DECLARATION OF CIMARRON TOWNHOMES 15 F:\MBS\Conner Homes Group\Cimarron\Dectaration 1.docx 12/20/2013 (m) #210061.014 The Association shall, on request, furnish to any Owner a written certificate setting forth whether Assessments have been paid for any particular Lot, on advance payment of a reasonable processing fee as set by the Board. Assessments shall be paid in a manner and by dates fixed by the Board. The Board may allow payment of Assessments in installments. Unless the Board otherwise provides, the Base Assessment shall be due in advance on a monthly basis on the first day of each month of the fiscal year. If any Owner is delinquent in paying any Assessments or charges levied on the Lot, the Board may require all unpaid Assessment installments to be paid immediately. No Owner may exempt themself from liability for Assessments by non-use of Common Area, abandonment of the Lot or any other means. The obligation to pay Assessments is a separate and independent covenant of each Owner. No diminution or abatement of Assessment or setoff shall be claimed or allowed for any alleged failure of the Association to take any action required of it or for inconvenience or discomfort arising from repairs or improvements or other actions taken by it. During the Class "B" Control Period, Declarant may elect annually to pay the Association either (a) regular Assessments on all of its unsold Lots within the Property, notwithstanding the commencement date under Section 8. 7, or (b) the difference between the amount of Assessments against all other Lots and the necessary expenditures of the Association within a division of the Property during the fiscal year. Unless Declarant otherwise notifies the Board at least sixty (60) days before the beginning of a fiscal year, or at any time during a fiscal year after at least sixty (60) days' notice from Declarant to the Board, Declarant shall continue paying on the same basis as the preceding fiscal year. Declarant's obligations hereunder may be satisfied in cash, by "in kind" contributions of services or materials, or by a combination of these. The Association is specifically authorized to enter into subsidy contracts or contracts for "in kind" contribution of services and materials with Declarant or others for payment of Common Expenses. 8.2 Budget Approval and Computation of Base Assessment. Within thirty (30) days after adoption of any proposed budget for the Association, the Board shall provide a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing of the summary. Unless at that meeting the budget is rejected by both fifty-one percent (51 %) of the Class "A" votes in the Association and the Class "B" Member, if any, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected, 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. DECLARATION OF CIMARRON TOWNHOMES 16 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 The Base Assessment shall be set in aggregate amounts reasonably expected to produce income equaling the total budgeted Common Expenses. In determining Assessments, the Board may consider other sources of funds available to the Association. In addition, the Board shall take into account the number of Lots subject to assessment under Section 8. 7 on the first (1st) day of the fiscal year for which the budget is prepared and the number of Lots reasonably anticipated to become subject to assessment during the fiscal year. Declarant may, but is not obligated to, reduce the Base Assessments by paying a subsidy (in addition to any amounts paid by it under Section 8.1 ), which may be either a contribution, an advance against future Assessments due from Declarant, or a loan, in Declarant's discretion. Any such subsidy shall be disclosed as a line item in the Common Expense budget. Payment of any subsidy shall not obligate Declarant to continue subsidies in the future. 8.3 Reserve Budget and Capital Contribution. The Board shall annually prepare reserve budgets for general purposes which take into account the number and nature of replaceable assets, the expected life of each asset, and the expected maintenance repair or replacement cost. The Board shall include in Base Assessments capital contributions in amounts sufficient to meet these projected needs. 8.4 Special Assessments. In addition to other authorized Assessments, the Association may levy Special Assessments from time to time to cover expenses greater or different than those budgeted. Special Assessments shall be levied against the entire membership. Except as otherwise specifically provided in this Declaration, Special Assessments must be approved by the affirmative vote or written consent of Owners representing at least a majority of the Class "A" votes, and consent of the Class "B" Member, if any. Special Assessments shall be paid in a manner and by dates fixed by the Board. The Board may allow payment in installments extending beyond the fiscal year in which the Special Assessment is approved. 8.5 Specific Assessments. The Board may specifically assess against particular Lots, expenses incurred by the Association to provide special benefits, items or services (a) on request of the Owner of a Lot, (b) made necessary by the conduct of the Owner or its licensees, invitees or guests, or (c) necessary to bring the Lot into compliance with this Declaration, the Articles, the Bylaws or Association rules. Such Specific Assessments may be levied by the Board after notice to the applicable Owners and an opportunity for a hearing. 8.6 Lien for Assessments. The Association shall have a lien against each Lot to secure payment of delinquent Assessments, interest, late charges and costs of collection (including attorneys' fees). Such lien shall be prior and superior to all other liens, except (a) the liens for taxes and governmental Assessments which by law are superior, and (b) the lien of any first Mortgage of record (meaning any recorded DECLARATION OF CIMARRON TOWNHOMES 17 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 Mortgage with first priority over other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment and foreclosure in the same manner as a Mortgage. The Association may bid for a Lot at the Foreclosure sale and acquire, hold, lease, mortgage and convey the Lot. When a Lot is owned by the Association following Foreclosure, (a) no right to vote shall be exercised on its behalf, (b) no Assessment shall be levied on it, and (c) each other Lot shall be charged, in addition to its usual Assessment, its pro rata share of the Assessment that would have been charged such Lot had it not been acquired by the Association. The Association may sue to recover a money judgment for unpaid Assessments and related charges, including attorneys' fees, without foreclosing or waiving the lien securing the same. The sale or transfer of any Lot shall not affect the Assessment lien or relieve such Lot from the lien for any Assessments thereafter becoming due. Where the Mortgagee holding a first Mortgage of record or other purchaser of a Lot obtains title pursuant to Foreclosure of the Mortgage, it shall not be liable for the share of the Assessments which became due prior to such acquisition of title. Such unpaid share of Assessments shall be deemed to be Common Expenses collectible from Owners of all Lots including such acquirer. 8. 7 Date of Commencement of Assessments. The obligation to pay Assessments shall commence as to each Lot after the Board first determines a budget and levies Assessments upon the first (1st) day of the month following the date of conveyance of such Lot by Declarant to any Person other than a builder. The first monthly Assessment levied on each Lot shall be adjusted according to the number of days remaining in the monthly period at the time Assessments commence on the Lot. 8.8 Failure to Assess. Failure of the Board to fix the Assessment amounts or rates or to deliver Assessment notices shall not be deemed a waiver, modification or a release of any Owner from the obligation to pay Assessments. In such event, each Owner shall continue to pay Base Assessments on the same basis as for the prior year until a new Assessment is made, at which time any shortfalls in collections may be assessed retroactively. 8.9 Capitalization of Association. Upon acquisition of record title to a Lot by the first Owner other than a builder, a contribution shall be made by or on behalf of the purchaser to the working capital of the Association in an amount equal to one-sixth ( 1 /6) of the annual Base Assessment per Lot for that year. This amount shall be in addition to and not in lieu of the annual Base Assessment levied on the Lot and shall not be considered an advance payment thereof. This amount shall be collected at the closing of the Lot and disbursed to the Association for use in covering operating and other expenses incurred by the Association under the terms of this Declaration and the DECLARATION OF CIMARRON TOWNHOMES 18 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 Bylaws, together with reserves established by the Association for future expenses of the Association. 8.10 Exempt Property. All Common Areas are exempt from payment of Base Assessments and Special Assessments: ARTICLE 9 ARCHITECTURAL STANDARDS 9.1 General. No improvements (including staking, clearing, excavation, grading and other site work), exterior alteration of existing improvements (including painting), placement or posting of any object or thing on the exterior of any Lot or the Common Area (e.g., fences, signs, antennas, satellite dishes, clotheslines, playground equipment, lighting, temporary structures, artificial vegetation, exterior sculptures and fountains), or planting or removal of plants, trees or shrubs shall take place except in compliance with this Article and with the approval of the appropriate committee under Section 9.2. An Owner may remodel or redecorate the interior of buildings in any manner desired, repaint the exterior of structures in accordance with the originally approved color scheme, or rebuild structures in accordance with originally approved plans and specifications without approval under this Article; however, modifications to the interior of screened porches, patios and similar portions of a Lot visible from outside the Lot shall require approval under this Article. Each single-family dwelling shall incorporate a minimum one (1) car garage, designed and constructed as an integral part of the residence. All dwellings constructed on any Lot shall be designed by and built in accordance with the plans and specifications of a building designer, licensed architect or engineer. All dwellings shall be constructed of new construction materials on-site, unless otherwise approved by the appropriate committee under Section 9.2, and shall be constructed in compliance with all applicable building codes. This Article shall not apply to (a) activities of Declarant, or (b) improvements or modifications to the Area of Common Responsibility by or on behalf of the Association. This Article may not be amended without Declarant's written consent so long as Declarant owns any land subject to this Declaration or which it may unilaterally submit to this Declaration. 9.2 Architectural Review. Administration of the Residential Design Guidelines and review of applications for construction and modifications under this Article shall be handled by an Architectural Control Committee ("ACC"). Committee members need not be Owners or representatives of Owners and may but need not include architects, engineers or similar professionals, whose compensation, if any, shall be established by DECLARATION OF CIMARRON TOWNHOMES 19 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 {m) #210061.014 the Board. The Board may establish reasonable fees for review of applications by the Committee and their consultants, if any, and require them to be paid by the Owner(s) submitting such application prior to review. The ACC shall consist of at least three (3) but not more than five (5) persons, and shall have exclusive jurisdiction over all construction of any Lot, excluding any construction by Declarant. Until all Lots have been developed and conveyed to Owners other than builders in the normal course of development and sale, Declarant may appoint all members of the ACC who shall serve at its discretion. There shall be no surrender of this right prior to that time except by a recorded instrument executed by Declarant. After all Lots have been developed and conveyed to the Owners other than the builder, the members of the ACC appointed by Declarant shall resign, and the Board shall appoint new members of the ACC. Those members of the ACC shall then be either reappointed or replaced annually by the Board within thirty (30) days of the regular annual meeting of the Association described in the Bylaws. The ACC shall also have exclusive jurisdiction over modifications, additions or alterations made on or to existing structures on Lots and any appurtenant open space. 9.3 Guidelines and Procedures. 9.3.1 Declarant shall prepare initial design, development and construction guidelines and application and review procedures (the "Residential Design Guidelines"), which may contain general provisions applicable to all of the Property and specific provisions which vary from one portion of the Property to another depending upon the location, characteristics and intended use thereof. 9.3.2 Plans and specifications showing the nature, kind, shape, color, size, materials and location of all proposed construction and modifications shall be submitted to the ACC for review and approval. In reviewing each submission, the committees may consider the quality of workmanship and design, harmony of external design with existing structures, and location in relation to surrounding structures, topography and finish grade elevation, and other factors, as well as the Residential Design Guidelines. 9.4 No Waiver of Future Approvals. The approval of any proposals, plans, specifications, drawings or other matters in any one instance shall not be deemed a waiver of any right to withhold subsequent approval of any similar proposals, plans, specifications, drawings or matters. 9.5 Variances. The ACC may authorize variances in writing from its guidelines and procedures, but only (a) in accordance with duly adopted rules and regulations, (b) when unique circumstances dictate, such as unusual topography, natural obstructions, hardship or aesthetic or environmental considerations require, and (c) when construction in accordance with the variance would be consistent with the purposes of the Declaration. Inability to obtain or the terms of any governmental DECLARATION OF CIMARRON TOWNHOMES 20 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 approval, or the terms of any financing shall not be considered a hardship warranting a variance. 9.6 Limitation of Liability. The ACC shall not be responsible for the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements. Neither Declarant, the Association, the Board, any committee nor member of any of them shall be liable for any injury, damages or loss arising out of the manner or quality of approved construction or modifications. 9. 7 Enforcement. Any construction, alteration or other work done in violation of this Article shall be deemed nonconforming. On written request from the Board or Declarant, Owners shall, at their own expense, cure such nonconformance to the satisfaction of the requester, or restore the land to substantially the same condition as existed prior to the nonconforming work. If an Owner fails to so cure or restore, the Board, Declarant or their designees may do so at the Owner's expense and assess the cost against the benefitted Lot as a Specific Assessment under Section 9.5. Any contractor, subcontractor, agent, employee or other invitee of an Owner who fails to comply with this Article may be excluded by the Board from the Property, subject to the notice and hearing procedures in the Bylaws. In such event, neither the Association, its officers or directors shall be held liable to any Person for exercising the rights granted by this paragraph. In addition, the Board may, on behalf of the Association, pursue all legal and equitable remedies available to enforce this Article and the decisions of the ACC. ARTICLE 10 USE GUIDELINES AND RESTRICTIONS 10.1 Plan of Development: Applicability: Effect. Declarant has created CIMARRON TOWNHOMES as a community of single-family residential properties. The Property is subject to land development, architectural and design guidelines as set forth in Article 9. The Property is subject to guidelines and restrictions governing land use, individual conduct and uses of or actions upon the Property as provided in this Article 10. Guidelines dealing with architecture and design are set forth in Article 9. This Declaration and resolutions the Board may adopt establish affirmative and negative covenants, easements and restrictions (the "Use Guidelines and Restrictions"). All provisions of the Declaration and of any rules shall also apply to all occupants, tenants, guests and invitees of any Lot. The Owner shall cause all occupants of their Lot to comply with these provisions. Every Owner shall be responsible for all violations and losses to the Common Area caused by such occupants, although the occupants also are fully liable and may be sanctioned for such violations and losses. Any lease of any Lot shall provide that the lessee and all occupants of the leased Lot shall be bound by the terms of this Declaration, the Bylaws and the rules of the Association. DECLARATION OF CIMARRON TOWNHOMES 21 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 Declarant has promulgated CIMARRON TOWNHOMES' general plan of development in order to protect all Owners' quality of life and collective interests, the aesthetics and environment within the Property, and the vitality of and sense of community within CIMARRON TOWNHOMES, all subject to the Board's ability to respond to changes in circumstances, conditions, needs and desires within the master- planned community. Declarant has prepared initial Use Guidelines and Restrictions which contain general provisions applicable to all of the Property, as well as specific provisions which may vary within the Property, depending upon the location, characteristics and intended use. Such Use Guidelines and Restrictions are set forth in Section 10.6 below. Based upon these Use Guidelines and Restrictions, the Board shall adopt the initial rules at its initial organizational meeting. 10.2 Board Power. Subject to the terms of this Article 10 and to its duty of care and undivided loyalty to the Association and its Members, the Board shall implement and manage the Use Guidelines and Restrictions through rules which adopt, modify, cancel, limit, create exceptions to, or expand the Use Guidelines and Restrictions. Prior to any such action, the Board shall conspicuously publish notice of the proposal at least five (5) business days prior to the Board meeting. Owners shall have a reasonable opportunity to be heard at a Board meeting prior to action being taken. The Board shall send a copy of any proposed new rule or amendment to each Owner at least thirty (30) days prior to its effective date. The rule shall become effective unless disapproved at a meeting by at least seventy-five percent (75%) of the total Class "A" votes and by the Class "B" Member, if any. The Board shall have no obligation to call a meeting of the Members to consider disapproval except upon petition of the Owners as required for special meetings in the Bylaws. The Board shall have all powers necessary and proper, subject to its exercise of sound business judgment and reasonableness to effect the duties contained in this Section 10.2. The Board shall provide, without cost, a copy of the Use Guidelines and Restrictions, including the Initial Use Guidelines and Restrictions in Section 10.6 below and rules then in effect to any requesting Member or Mortgagee. 10.3 Members' Power. The Members, at a meeting duly called for such purpose as provided in Article 2 of the Bylaws, may adopt, repeal, modify, limit and expand Use Guidelines and Restrictions and implement rules by a vote of seventy-five percent (75%) of the total Class "A" votes and the approval of the Class "B" Member, if any. 10.4 Owners' Acknowledgment. All Owners are subject to the Use Guidelines and Restrictions and are given notice that (a) their ability to use their privately owned property is limited thereby, and (b) the Board may add, delete, modify, create exceptions to, or amend the Use Guidelines and Restrictions in accordance with DECLARATION OF CIMARRON TOWNHOMES 22 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 Sections 10.2, 10.3 and 15.2. Each Owner, by acceptance of a deed, acknowledges and agrees that the use, enjoyment and marketability of their property can be affected by this provision, and the Use Guidelines and Restrictions and rules may change from time to time. 10.5 Rights of Owners. Except as may be contained in Section 10 .6 below, neither the Board nor the Association may adopt any rule in violation of the following provisions: 10.5.1 Equal Treatment. Similarly situated Owners and residents shall be treated similarly. 10.5.2 Speech. The rights of Owners and occupants to display on their Lot political signs and symbols of the kinds normally displayed in or outside of residences located in residential neighborhoods in individually owned property shall not be abridged, except that the Association may adopt reasonable time, place and manner restrictions for the purpose of minimizing damage and disturbance to other Owners and occupants. 10.5.3 Religious and Holiday Displays. The rights of Owners to display on their Lots religious and holiday signs, symbols and decorations of the kinds normally displayed in or outside of residences located in residential neighborhoods shall not be abridged, except that the Association may adopt reasonable time, place and manner restrictions for the purpose of minimizing damage and disturbance to other Owners and occupants. 10.5.4 Household Composition. The Association or Board shall make no rule that interferes with the freedom of occupants to determine the composition of their households, except that the Association shall have the power to require that all occupants be members of a single housekeeping Lot, and to limit the total number of occupants permitted in each Lot on the basis of the size and facilities of the Lot, to the extent not prohibited by law, and consistent with its fair share use of the Common Area, including parking. 10.5.5 Activities within Lot. Neither the Association nor the Board shall make any rule that interferes with the activities of the residents carried on within the confines of their Lot, except that the Association may prohibit activities not normally associated with property restricted to residential use, and it may restrict or prohibit any activities that impose monetary costs on the Association or other Owners, that create a danger to the health or safety of other occupants, that generate excessive noise or traffic, that create unsightly conditions visible outside the Lot, that block the views from other Lots, or that create an unreasonable source of annoyance. 10.5.6 Pets. Unless the keeping of pets is prohibited at the time of the sale of the first Lot by rule or Use Guidelines and Restrictions, no rule prohibiting the DECLARATION OF CIMARRON TOWNHOMES 23 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 keeping of ordinary household pets shall be adopted thereafter over the objection of any Owner expressed in writing to the Association. Notwithstanding the above, the Association or Board may adopt reasonable regulations designed to minimize damage and disturbance to other Owners and occupants, including regulations requiring damage deposits, waste removal, leash controls, noise controls, occupancy limits based on size and facilities of the Lot and fair share use of the Common Area. Nothing in this provision shall prevent the Association from requiring removal of any animal that presents an actual threat to the health or safety of residents, or from requiring abatement of any nuisance or unreasonable source of annoyance. 10.5.7 Allocation of Burdens and Benefits. The initial allocation of financial burdens and rights to use Common Areas among the various Lots shall not be changed to the detriment of any Owner over that Owner's objection expressed in writing to the Association. Nothing in this provision shall prevent the Association from changing the Common Areas available, from adopting generally applicable rules for use of Common Areas, or from denying use privileges to those who abuse the Common Area, violate rules or this Declaration, or fail to pay Assessments. This provision does not affect the right to increase or decrease the amount of Assessments as provided in Article 9. 10.5.8 Alienation. The Association or Board shall not adopt rules that prohibit transfer of any Lot or require consent of the Association or Board for transfer of any Lot. 10.5.9 Reasonable Rights to Develop. Neither the Association nor the Board shall adopt any rule or take any action which would impede Declarant's right to develop in accordance with the master plan for CIMARRON TOWNHOMES. 10.5.10 Abridging Existing Rights. If any rule would otherwise require Owners to dispose of personal property which they owned at the time they acquired their Lots, such rule shall not apply to any such Owners without their written consent. 10.6 Initial Use Guidelines and Restrictions. 10.6.1 General. The Property shall be used only for residential, recreational and related purposes (which may include without limitation business offices for the Declarant or the Association consistent with this Declaration). 10.6.2 Restricted Activities. The following activities are prohibited within the Property unless either (a) expressly authorized by and then subject to such conditions as may be imposed by the Board, or (b) undertaken by Declarant in the normal course of developing the Property: (a) Parking of commercial vehicles, recreational vehicles, mobile homes, boats or other watercraft, or other oversized vehicles, stored vehicles or DECLARATION OF CIMARRON TOWNHOMES 24 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 inoperable vehicles in places other than enclosed garages (unless adequately screened from view of both all Lots and approved by the ACC). The term "commercial vehicles" shall be defined as any vehicle used for business related purposes, whether so labeled or not, that meets any of the following criteria: (i) Gross Vehicle Weight Rating (GVWR) over 10,000 pounds, (ii) dual rear wheels on a single axle ("dually"), (iii) multiple rear axles, or (iv) the vehicle has motorized exterior accessories that can extend or can be extended from the vehicle beyond or above the perimeter of the vehicle's body. No motor vehicle may be parked in a location or manner that blocks or impairs access to any other Lots or fire lanes. Also, no portion of a motor vehicle may be parked within the "no parking" zone designated on any road or street, if any. No vehicles may be parked on any road or street, other than within parking spaces designated and physically marked by the Declarant or the Association, if any. The Board shall require removal of any inoperative or improperly licensed vehicle, or any unsightly vehicle. If the same is not removed, the Board shall cause removal at the risk and expense of the Owner thereof; (b) Capturing, trapping, injuring or killing of wildlife within the Property, except in circumstances posing an imminent threat to the safety of persons using the Property or except as required or permitted by any applicable governmental authority; (c) Chasing, injuring or killing of wildlife within the Property by pets of Owners or occupants of Lots within the Property; (d) Raising, breeding or keeping of animals, livestock or poultry of any kind, except that a reasonable number of dogs, cats or other usual and common household pets may be permitted in a Lot. However, 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 Lots shall be removed upon request of the Board. If the pet owner fails to honor such request, the Board may remove the pet; ( e) Obstruction or re-channeling of drainage flows after location and installation of drainage swales, storm sewers or storm drains, except that the Declarant and the Association shall have such right, provided the exercise of such right shall not materially diminish the value of or unreasonably interfere with the use of any Lot without the Owner's consent; (f) Subdivision of a Lot into two (2) or more Lots after a subdivision plat including such Lot has been approved and filed, or changing the boundary lines of any Lot, except that the Declarant and builder, with Declarant's consent, shall be permitted to subdivide or change the boundary lines of Lots which they own; DECLARATION OF CIMARRON TOWNHOMES 25 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 (g) Excavating, filling or otherwise altering the grade of slopes within a Lot including, but not limited to, trenching, digging, installation of walls, patios, trees, play equipment, water features, stairways, paths and structures, removing grass or other slope stabilizing vegetation between October 1 and May 1 of each year, or having a slope in an unvegetated or stabilized and protected condition for more than thirty (30) days. Lot Owners requesting ACC approval to alter slopes shall be required to submit an evaluation of the proposed alteration by a professional geotechnical or soils engineer. (h) Excavating, filling or otherwise altering the grade above or below retaining walls and rockeries within fifteen (15) feet of the walls or rockery, or construction of any structures within fifteen ( 15) feet of a rockery or retaining wall. (i) Excavating, filling, covering or otherwise altering the ground above subsurface drainage facilities, such as footing drains at the retaining walls, trench or French drains at the toe of a slope, and front or rear yard area drains. Alteration of drainage facilities can cause significant damage to property and may represent a life safety hazard. All proposed alterations of drainage facilities shall require the review and concurrence of a professional registered civil or geotechnical engineer. U) Operation of a timesharing, fraction-sharing or similar program, whereby the right to exclusive use of the Lot rotates among participants in the program on a fixed or floating time schedule over a period of years, except that Declarant and its assigns may operate such a program with respect to Lots which it owns. (k) Conversion of any garage, attic or other unfinished space, other than a basement, to finished space for use as an apartment or other integral part of the living area on any Lot, except as approved by the ACC; (I) Any business, trade or similar activity, except that an Owner or occupant residing in a Lot may conduct business activities within the Lot so long as (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Lot; (ii) the business activity conforms to all zoning requirements for the Property; (iii) the business activity does not involve regular visitation of the Lot by clients, customers, suppliers or other business invitees or door-to-door solicitation of residents of the Property; or (iv) the business activity is consistent with the residential character of the Property and does not constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of other residents of the Property, as may be determined in the sole discretion of the Board. This Subsection shall not apply to any activity conducted by the Declarant or a builder approved by the Declarant DECLARATION OF CIMARRON TOWNHOMES 26 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 with respect to its development and sale of the Property or its use of any Lots which it owns within the Property; (m) Any construction, erection, modification or placement, permanently or temporarily, on the outside portions of the Lot, whether such portion is improved or unimproved, except as provided in Article 8; and (n) Posting, placing or maintaining any signs on any portion of the Property, including Lots, except for those signs approved by the Board in writing. ARTICLE 11 EASEMENTS 11.1 Easements of Encroachment. There shall be reciprocal appurtenant easements of encroachment, and for maintenance and use of any fence, retaining walls, roof overhangs or other improvements encroaching between each Lot and any adjacent Common Area, and between adjacent Lots due to the unintentional misplacement, settling or shifting of the improvements constructed, reconstructed or altered thereon (in accordance with the terms of these restrictions). Such easements of encroachments shall be to a distance of not more than one ( 1) foot, and such easements for maintenance shall be to a distance of not more than six (6) feet, as measured from any point on the common boundary along a line perpendicular to such boundary. This latter easement for maintenance includes the right of an Owner to enter upon the side yard of the adjoining Lot(s) in order to perform maintenance or improvements located on their Lot. 11.2 Easements for Utilities. Etc. Declarant reserves unto itself, so long as it owns any property described on Exhibit A, and grants to the Association an easement for the purposes of access and maintenance upon, across, over and under all of the Property to the extent reasonably necessary to install, replace, repair and maintain, as applicable, cable television systems, master television antenna systems, security and similar systems, roads, walkways, bicycle pathways, lakes, ponds, wetlands, drainage systems, street lights, signage and all utilities, including but not limited to water, sewer, meter boxes, telephone, gas and electricity. The Declarant and/or the Association may assign these rights to any local utility supplier, cable company, security company or other company providing a service or utility to CIMARRON TOWNHOMES, subject to the limitations herein. Notwithstanding anything to the contrary herein, this easement shall not entitle the holders to construct or install any of the foregoing systems, facilities or utilities over, under or through any existing dwelling on a Lot; and any damage to a Lot resulting from the exercise of this easement shall promptly be repaired by and at the expense of the Person exercising the easement. Exercise of this easement shall not unreasonably interfere with the use of any Lot and, except in an emergency, entry onto any Lot shall be made only after reasonable notice to the Owner or occupant. No DECLARATION OF CIMARRON TOWNHOMES 27 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 utilities may be installed or relocated on the Property without approval of the Board or as provided by Declarant. 11.3 Easement for Emergency. Authorized agents of the Association shall have the right, but not the obligation, and a perpetual easement is hereby granted to the Association, to enter all portions of the Property, including each Lot, for emergency, security and safety reasons. Except in emergencies, entry onto a Lot shall be only during reasonable hours and after notice to and permission from the Owner thereof. This easement includes the right to enter any Lot to cure any condition which increases the risk of fire or other hazard if an Owner fails or refuses to cure the condition within a reasonable time after request by the Board, but does not authorize entry into any dwelling without permission of the Owner. 11.4 Easements for Maintenance and Enforcement. Authorized agents of the Association shall have the right, but not the obligation, and a perpetual easement is hereby granted to the Association, to enter all portions of the Property, including each Lot, to (a) perform its maintenance responsibilities under Article 4, and (b) make inspections to ensure compliance with this Declaration, the Bylaws and rules. Except in emergencies, entry onto a Lot shall only be during reasonable hours and after notice to and permission from the Owner. This easement shall be exercised with a minimum of interference to the quiet enjoyment to Owners' property, and any damage shall be repaired by the Association at its expense. The Association, without approval of the Owners, may grant temporary or permanent easements to any public entity, private entity or private party over, under and across any part of the Common Areas as the Association may deem desirable, necessary or convenient to accomplish its maintenance and other responsibilities hereunder. The Association also may enter a Lot to abate or remove, using such force as may be reasonably necessary, any structure, thing or condition which violates the Declaration, the Bylaws or the rules. All costs incurred, including reasonable attorneys' fees, shall be assessed against the violator as a Specific Assessment. ARTICLE 12 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders, insurers and guarantors of first Mortgages on Lots in the Property. This Article applies to both this Declaration and the Bylaws, notwithstanding any other provisions contained therein. 12.1 Notices of Action. An institutional holder, insurer or guarantor of a first Mortgage who provides written request to the Association (such request to state the name and address of such holder, insurer or guarantor, and the street address of the DECLARATION OF CIMARRON TOWNHOMES 28 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 Lot to which its Mortgage relates, thereby becoming an "Eligible Holder") will be entitled to timely written notice of: (a) any condemnation or casualty loss which affects a material portion of the Property or which affects any Lot on which there is a first Mortgage held, insured or guaranteed by such Eligible Holder; (b) any delinquency in the payment of Assessments or charges by the Owner of any Lot subject to the Mortgage of such Eligible Holder, where such delinquency has continued for a period of sixty (60) days. Notwithstanding this provision, upon request, any holder of a first Mortgage is entitled to written notice from the Association of any default in the performance by an Owner of a Lot of any obligation under the Declaration or Bylaws which is not cured within sixty (60) days; (c) any lapse, cancellation or material modification of any insurance policy maintained by the Association; or (d) any proposed action requiring the consent of a specified percentage of Eligible Holders. 12.2 Other Provisions for First Lien Holders. To the extent possible under Washington law: 12.2.1 Any restoration or repair of the Property after a partial condemnation or damage due to an insurable hazard shall be performed substantially in accordance with this Declaration and the original plans and specifications unless the approval is obtained of the Eligible Holders of First Mortgages on Lots to which at least fifty-one percent (51%) of the votes of Lots subject to Mortgages held by such Eligible Holders are allocated. 12.2.2 Any election to terminate the Association after substantial destruction or a substantial taking in condemnation shall require the approval of the Eligible Holders of first Mortgages on Lots to which at least fifty-one percent (51%) of the votes of Lots subject to Mortgages held by such Eligible Holders are allocated. 12.3 Amendments to Documents. The following provisions do not apply to amendments to the constituent documents or termination of the Association made as a result of destruction, damage or condemnation as provided herein. 12.3.1 Except as specifically otherwise set forth in this Declaration, the consent of at least sixty-seven percent (67%) of the Class "A" votes and of Declarant, so long as it owns any land subject to this Declaration, and the approval of the Eligible Holders of first Mortgages on Lots to which at least sixty-seven percent (67%) of the DECLARATION OF CIMARRON TOWNHOMES 29 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 votes of Lots subject to a Mortgage held by an Eligible Holder appertain, shall be required to terminate the Association. 12.3.2 The consent of at least sixty-seven percent (67%) of the Class "A" votes and of Declarant, so long as it owns any land subject to this Declaration, and the approval of Eligible Holders of first Mortgages on Lots to which at least fifty-one percent (51%} of the votes of Lots subject to a Mortgage held by an Eligible Holder appertain, shall be required materially to amend any provisions of the Declaration, Bylaws or Articles, or to add any material provisions thereto which establish, provide for, govern or regulate any of the following: Area; (a) voting; (b) Assessments, Assessment liens or subordination of such liens; (c) reserves for maintenance, repair and replacement of the Common ( d) insurance or fidelity bonds; (e) rights to use the Common Area; (f) responsibility for maintenance and repair of the Property; (g) expansion or contraction of the Property; (h) boundaries of any Lot; (i) leasing of Lots; U) imposition of any right of first refusal or similar restriction of the right of any Owner to sell, transfer or otherwise convey their Lot; (k) establishment of self-management by the Association where professional management has been required by an Eligible Holder; or (I) any provisions included in the Declaration, Bylaws or Articles which are for the express benefit of holders, guarantors or insurers of first Mortgages on Lots. 12.4 No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Area. DECLARATION OF CIMARRON TOWNHOMES 30 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 12.5 Notice to Association. Upon request each Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 12.6 Amendment by Board. Should the Federal National Mortgage Association ("Fannie Mae"), the Veterans Administration ("VA"), the Department of Housing and Urban Development ("HUD") or Freddie Mac subsequently delete any of its respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may record an amendment to this Article to reflect such changes. 12.7 Applicability of Article 12. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws or Washington law for any of the acts set out in this Article. 12.8 Failure of Mortgagee to Respond. Any Mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within sixty (60) days of the date of the Association's request, provided such request is delivered to the Mortgagee by certified or registered mail, return receipt requested. ARTICLE 13 DECLARANT'S RIGHTS Any or all rights and obligations of Declarant may be transferred to other Persons, but the transfer shall not reduce an obligation nor enlarge a right beyond that contained in this Declaration or the Bylaws, and shall not be effective unless signed by Declarant and duly recorded in the public records of King County, Washington. So long as Declarant owns any property described in Exhibit A for development and/or sale, Declarant hereby reserves a nonexclusive perpetual easement for the benefit of Declarant, builders authorized by Declarant, and its designees to maintain and carry on upon the Property such facilities and activities as Declarant considers reasonably required, convenient or incidental to the construction or sale of Lots, including but not limited to business offices, signs, model Lots, sales offices and the right to use Lots owned by Declarant or its designees as models and sales offices. So long as Declarant continues to have rights under this Article, no Person shall record any declaration of covenants, conditions and restrictions, or declaration of condominium or similar instrument affecting any portion of the Property without Declarant's written consent. Any attempted recordation without compliance herewith shall result in such instrument being void, unless a consent of Declarant is subsequently recorded in the public records. DECLARATION OF CIMARRON TOWNHOMES 31 F:\MBS\Conner Homes Group\Cimarron\Deciaration 1.docx 12/20/2013 (m) #210061.014 ARTICLE 14 DISPUTE RESOLUTION AND LIMITATION ON LITIGATION 14.1 Agreement to Avoid Costs of Litigation and to Limit Right to Litigate Disputes. The Association, Declarant, all Persons subject to this Declaration, and any Person not otherwise subject to this Declaration who agrees to submit to this Article (collectively, "Bound Parties") agree to encourage the amicable resolution of disputes involving the Property, and to avoid the emotional and financial costs of litigation if at all possible. Accordingly, each Bound Party covenants and agrees that all claims, grievances or disputes between such Bound Party and any other Bound Party involving the Property, including without limitation claims, grievances or disputes arising out of or relating to the interpretation, application or enforcement of this Declaration, the Bylaws, the Association rules or the Articles ( collectively "Claim"), except for those Claims authorized in Section 14.2, shall be resolved using the procedures set forth in Section 14.3 in lieu of filing suit in any court or initiating proceedings before any administrative tribunal seeking redress or resolution of such Claim. 14.2 Exempt Claims. The following Claims ("Exempt Claims" shall be exempt from the provisions of Section 14.3: (a) any suit by the Association against any Bound Party to enforce the provisions of Article 9; (b) any suit by the Association to obtain a temporary restraining order ( or equivalent emergency equitable relief) and such other ancillary relief as the court may deem necessary in order to maintain the status quo and preserve the Association's ability to enforce the provisions of Article 9, Article 1 O and the Use Guidelines and Restrictions and rules of the Association; (c) any suit between Owners (other than Declarant) seeking to redress on the basis of a Claim which would constitute a cause of action under the laws of the state of Washington in the absence of a claim based on the Declaration, Bylaws, Articles or rules of the Association; ( d) any suit by the Association in which similar or identical Claims are asserted against more than one Bound Party; and ( e) any suit by a Bound Party for declaratory or injunctive relief which seeks a determination as to applicability, clarification or interpretation of any provision of this Declaration. Any Bound Party having an Exempt Claim may submit it to the alternative dispute resolution procedures set forth in Section 14.3, but there shall be no obligation to do so. The submission of an Exempt Claim involving the Association to the alternative dispute resolution procedures of Section 14.3 shall require the approval of the Association. DECLARATION OF CIMARRON TOWNHOMES 32 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 14.3 Mandatory Procedures for All Other Claims. All Claims other than Exempt Claims shall be resolved using the following procedures: 14.3.1 Notice. Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent"), other than an Exempt Claim, shall notify each Respondent in writing of the Claim (the "Notice"), stating plainly and concisely: (a) The nature of the Claim, including date, time, location, persons involved and Respondent's role in the Claim; (b) The basis of the Claim (i.e., the prov1s1ons of this Declaration, the Bylaws, the Articles or rules or other authority out of which the Claim arises); (c) What Claimant wants Respondent to do or not do to resolve the Claim; and (d) That Claimant wishes to resolve the Claim by mutual agreement with Respondent and is willing to meet in person with Respondent at a mutually agreeable time and place to discuss in good faith ways to resolve the Claim. 14.3.2 Negotiation. (a) Each Claimant and Respondent (the "Parties") shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. (b) Upon receipt of a written request from any Party, accompanied by a copy of the Notice, the Board may appoint a representative to assist the parties in resolving the dispute by negotiation, if in its discretion it believes its efforts will be beneficial to the parties and to the welfare of the Community. 14.3.3 Mediation. (a) If the Parties do not resolve the Claim through negotiation within thirty (30) days of the date of the Notice (or within such other period as may be agreed upon by the Parties) ("Termination of Negotiations"), Claimant shall have thirty (30) additional days within which to submit the Claim to mediation under the auspices of the King County Dispute Resolution Center, or such other independent agency providing similar services upon which the parties may mutually agree. DECLARATION OF CIMARRON TOWNHOMES 33 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 (b) If Claimant does not submit the Claim to mediation within thirty (30) days after Termination of Negotiations, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to Persons not a party to the foregoing proceedings. (c) If the Parties do not settle the Claim within thirty (30) days after submission of the matter to the mediation process, or within such time as determined reasonable or appropriate by the mediator, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"). The Termination of Mediation notice shall set forth when and where the Parties met, that the Parties are at an impasse, and the date that mediation was terminated. (d) Each Party shall, within five (5) days of the Termination of Mediation, make a written offer of settlement in an effort to resolve the Claim. The Claimant shall make a final written settlement demand ("Settlement Demand") to the Respondent. The Respondent shall make a final written settlement offer ("Settlement Offer") to the Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Notice shall constitute the Settlement Demand. If the Respondent fails to make a Settlement Offer, Respondent shall be deemed to have made a "zero" or "take nothing" Settlement Offer. 14.3.4 Final and Binding Arbitration. (a) If the Parties do not agree in writing to accept either the Settlement Demand, the Settlement Offer or otherwise resolve the Claim within fifteen (15) days of the Termination of Mediation, the Claimant shall have fifteen (15) additional days to submit the Claim to arbitration in accordance with the Rules of Arbitration of the American Arbitration Association or the Claim shall be deemed abandoned, and Respondent shall be released and discharged from any and all liability to Claimant arising out of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to Persons not a party to the foregoing proceedings. (b) This Section 14.3.4 is an agreement of the Bound Parties to arbitrate all Claims except Exempt Claims and is specifically enforceable under the applicable arbitration laws of the state of Washington. The arbitration award (the "Award") shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction to the fullest extent permitted under the laws of the state of Washington. DECLARATION OF CIMARRON TOWNHOMES 34 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 14.4 Allocation of Costs of Resolving Claims. 14.1.1 Each Party shall bear its own costs incurred prior to and during the proceedings described in Sections 14.3.1, 14.3.2 and 14.3.3, including the fees of its attorney or other representative. Each Party shall share equally all charges rendered by the mediator(s) pursuant to Section 14.3.3. 14.4.2 Each Party shall bear its own costs (including the fees of its attorney or other representative) incurred after the Termination of Mediation under Section 14.3.3 and shall share equally in the costs of conducting the arbitration proceeding (collectively, "Post Mediation Costs"), except as otherwise provided in Section 14.4.3. 14.4.3 Any Award which is equal to or more favorable to Claimant than Claimant's Settlement Demand shall add such Claimant's Post Mediation Costs to the Award, such Costs to be borne equally by all Respondents. Any Award which is equal to or less favorable to Claimant than Respondent's Settlement Offer to that Claimant shall also award to such Respondent its Post Mediation Costs, such Costs to be borne by all such Claimants. 14.5 Enforcement of Resolution. If the Parties agree to resolve any Claim through negotiation or mediation in accordance with Section 14.3 and any Party thereafter fails to abide by the terms of such agreement, or if the Parties agree to accept the Award following arbitration and any Party thereafter fails to comply with such Award, then any other Party may file suit or initiate administrative proceedings to enforce such agreement or Award without the need to again comply with the procedures set forth in Section 14.3. In such event, the Party taking action to enforce the agreement or Award shall be entitled to recover from the non-complying Party ( or if more than one non- complying Party, from all such Parties pro rata) all costs incurred in enforcing such agreement or Award, including without limitation attorneys' fees and court costs. ARTICLE 15 GENERAL PROVISIONS 15.1 Term. This Declaration shall run with and bind the Property, and shall inure to the benefit of and shall be enforceable by the Declarant, the Association and the Owners, their respective representatives, heirs, successors and assigns, perpetually, to the extent allowed by law. 15.2 Amendment. 15.2.1 By Declarant. Declarant may unilaterally amend this Declaration if such amendment is necessary to (a) bring any provision into compliance with any applicable government statute or regulation or judicial determination; (b) enable any reputable title insurance company to issue title insurance coverage on the Lots; (c) DECLARATION OF CIMARRON TOWNHOMES 35 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 enable any institution or government agency to make or purchase mortgage loans on the Lots, including, but not limited to, Fannie Mae, the Veterans Administration ("VA"), and the Federal Housing Administration ("FHA" or "HUD"); (d) enable any government agency or reputable private insurance company to insure or guarantee Mortgage loans on the Lots, including, but not limited to, Fannie Mae, the Veterans Administration ("VA"), and the Federal Housing Administration ("FHA" or "HUD"); (e) otherwise satisfy the requirements of any government agency or governmental regulations. However, any such amendment shall not adversely affect the title to any Lot without the written consent of its Owner, or (f) correct any errors in this Declaration. Also, so long as Declarant owns Property described in Exhibit A for development as part of the Property, it may unilaterally amend this Declaration for any other purpose, provided the amendment has no material adverse affect upon any substantive right of any Owner and does not adversely affect the title to any Lot without the written consent of its Owners. 15.2.2 By Owners. This Declaration may also be amended by the affirmative vote or written consent, or any combination thereof, of sixty-seven percent (67%) of the Class "A" votes held by Members other than Declarant, and, so long as Declarant owns any Property described in Exhibit A for development or sale as part of the Property, with written consent of Declarant. In addition, the approval requirements set forth in Article 12 hereof shall be met if applicable. Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. Amendments must be recorded in the public records of King County, Washington. If an Owner consents to any Amendment to this Declaration or the Bylaws, it will be conclusively presumed that such Owner has the authority so to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment. No Amendment may remove, revoke or modify any right or privilege of Declarant without written consent of Declarant. 15.3 Severability. Invalidation of any provision or application of a provision of this Declaration by any court shall not affect any other provisions or applications. 15.4 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least sixty-seven percent (67%) of the total Association vote. This Section shall not apply, however, to actions brought by the Association to (a) enforce this Declaration (including without limitation the foreclosure of liens); (b) impose and collect Assessments under Article 8; (c) challenge tax Assessments and DECLARATION OF CIMARRON TOWNHOMES 36 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 other matters relating to taxes for which the Association may be liable; or ( d) counterclaims by the Association in proceedings instituted against it. 15.5 Compliance. Every Owner and occupant of any Lot shall comply with this Declaration, the Bylaws and the rules of the Association and shall be subject to all remedies provided to the Association in this Declaration or the Bylaws. In addition, failure to comply shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law, or in equity, by the Association or by any aggrieved Owners. 15.6 Notice of Sale or Transfer of Title. Any Owner selling or otherwise transferring title to their Lot shall give the Board at least seven (7) days' prior written notice of the name and address of the transferee, the date of such transfer of title, and such other information as the Board may reasonably require. Each transferee of a Lot shall, within seven (7) days of taking title to a Lot, confirm that the information previously provided by the transferor is complete and accurate. The transferor shall continue to be jointly and severally responsible with the transferee for all obligations of the Owner of the Lot coming due prior to the date upon which such notice is received by the Board, including Assessment obligations, notwithstanding the transfer of title to the Lot. IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this day of , 2013. DECLARATION OF CIMARRON TOWNHOMES By: DECLARANT: BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company [Print Name] Its: Authorized Agent 37 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 STATE OF WASHINGTON COUNTY OF KING ss. certify that know or have satisfactory evidence that ______________ is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Authorized Agent of BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. Dated: _________ , 2013. (SEAL/ST AMP) DECLARATION OF CIMARRON TOWNHOMES [Print Name] NOTARY PUBLIC for the state of Washington Residing at ____________ _ My appointment expires:-------- 38 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 EXHIBIT A Legal Description Lot 2, King County Short Plat No. 675015, recorded under Recording No. 7509050645, in King County, Washington. Lot 3, King County Short Plat No. 675015, recorded under Recording No. 7509050645, in King County, Washington. DECLARATION OF CIMARRON TOWNHOMES 39 F:\MBS\Conner Homes Group\Cimarron\Declaration 1.docx 12/20/2013 (m) #210061.014 ( ® AT CIIlCAGO TITI£ COMPANY 701 FIFfH A VENUE, #2300, SEAITLE, WA 98104 PHONE: (206)628-5610 FAX: (206)628-9717 ORDERNO: YOURNO: UNIT NO: LOANNO: 001366514 BREMERTON A VE TOWN, LT 2 06 SUPPLEMENTAL COMMITMENT #3 0 R D E R R E F E R E N C E I N F O R M A T I O N SUPPLEMENTAL NUMBER: SELLER: PURCHASER/BORROWER: PROPERTY ADDRESS: 3 OF THE SECOND COMMITMENT BREMERTON AVENUE TOWNHOMES, LLC RENTON, WASHINGTON 98059 Our Title Commitment dated 10/02/13 at 8:00 A.M. is supplemented as follows: BB PARAGRAPH NUMBER(S) 13 OF OUR COMMITMENT IS (ARE) ELIMINATED. AU THE FOLLOWING PARAGRAPH(S) HAS (HAVE) BEEN ADDED TO OUR COMMITMENT: AV PARAGRAPH NUMBER 18: AW l. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: LOAN NUMBER: BREMERTON AVENUE TOWNHOMES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY CHICAGO TITLE COMPANY OF WASHINGTON HOMESTREET BANK $ 3,250,000.00 DECEMBER 12, 2013 JANUARY 10, 2014 20l40ll0000851 AFFECTS: LOTS 2 AND 3 OF KC S.P. #675015 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. PARAGRAPH NUMBER(S) 10 HAS (HAVE) BEEN AMENDED AS FOLLOWS: SEE NEXT PAGE SUPPCOM3{BDA/f1}99 CHICAGO TITLE COMPANY Order No.: 1366514 YourNo.: BREMERTON AVE TOWN, LT 2 UnitNo.: 06 SUPPLEMENTAL COMMITMENT (Continued) Ar 2. GENERAL AlilD SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST A1i1D PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: 2014 l.52305-9193-09 2104 $162,000.00 $ 0. 00 BILLED: $ 2,315.40 PAID: $ 0.00 UNPAID: $ 2,315.40 THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE OCTOBER 2, 2013, EXCEPT AS SHOWN HEREIN ABOVE AND ON SUPPLEMENTALS 1 AND 2 . THE EFFECTIVE DATE OF THIS COMMITMENT IS HEREBY AMENDED TO JANUARY 21, 2014. Bl. JANUARY 28, 2014 AUTHORIZED BY: MIKE HARRIS ® CIITCAGO TITLE COMPANY 701 FIFTH A VENUE, #2300, SEATILE, WA 98104 ORDERNO: YOURNO: UNITNO: LOANNO: PHONE: (206)628-5610 FAX: (206)628-m7 001366514 BREMERTON A VE TOWN, LT 2 06 SUPPLEMENTAL COMMITMENT #2 ORDER REFERENCE INFORMATION SUPPLEMENTAL NUMBER: SELLER: PURCHASER/BORROWER: PROPERTY ADDRESS: 2 OF THE SECOND COMMITMENT BREMERTON AVENUE TOWNHOMES, LLC RENTON, WASHINGTON 98059 Our Title Commitment dated 10/02/13 at 8:00 A.M. is supplemented as follows, AQ PARAGRAPH NUMBER(S) 2 OF OUR COMMITMENT IS (ARE) ELIMINATED. AR AB EXCEPT AS TO THE MATTERS SET FORTH HEREINABOVE, THE TITLE TO THE PROPERTY COVERED BY THIS ORDER HAS NOT BEEN REEXAMINED. DECEMBER 20, 2013 AUTHORIZED BY, MIKE HARRIS SUPPCOM2/RDA/0199 @. Chicago Title Insurance Company COMMITMENT FOR TITLE INSURANCE BY Chicago Title Insurance Company Chicago Title Insurance Company, a Nebraska corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Pro- posed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Require- ments; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. lN WITNESS WHEREOF, Chicago Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Chicago Title of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 FORM 72-83.(16 (6/08) Chicago Title Insurance Company President Secretary ALTA Commitment -2006 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shail not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shail be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or ( c) to acquire or create the estate or interest or morrgage thereon covered by this CommitmenL In no event shail such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisibns of this Commitment 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amounts of Insurance is $2,000,000 or less shall b~ arbitrated at the option of either the Campany or the Insured as the exclusive remedy of the panies. You may review a copy of the arbitration rules at <http://www.alta.org!>. FORM 72-83-()6 (6/08) ALTA Comminnent ~ 2006 CHICAGO TITLE COMPANY 701 FIFIHAVENUE, #2300, SEATILE, WA 98104 AL.T.A. COMMITMENT SCHEDULE A SECOND COMMITMENT Order No.: 1366514 Title Unit: U-06 Customer Number: BREMERTON AVE TOWN, LT 2 Phone: (206)628-5610 Buyer(s): Fax: (206)628-9717 Officer: SA VIDIS/CAMPBELL/EISENBREY /HARRIS Commitment Effective Date: OCTOBER 2, 2013 1 . Policy or Policies to be issued: at 8:00A.M. ALTA Owner's Policy STANDARD POLICY (6/17/2006) Proposed Insured: Policy or Policies to be issued: AL TA Loan Policy Proposed Insured: Policy or Policies to be issued: ALTA Loan Policy Proposed Insured: Amount: $0. oo Premium: Tax: Amount: $0. oo Premium: Tax: Amount: $0. oo Premium: Tax: 2 . The estate or interest in the land which is covered by this Commitment is: FEE SIMPLE 3 . Title to the estate or interest in the land is at the effective date hereof vested in: BREMERTON AVENUE TOWNHOMES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY 4 . The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION EXHIBIT COMMA805/KLC/11.l.05 CHICAGO TITLE COMP ANY A.L.T .A. COMMITMENT SCHEDULEA (Continued) OrderNo.: 1366514 Your No.: BREMERTON AVE TOWN, LT 2 LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) LOT 2, KING COUNTY SHORT PLAT NUMBER 675015, RECORDED UNDER RECORDING NUMBER 7509050645, IN KING COUNTY, WASHINGTON. CLTACMM/RDA/0999 CHICAGO TITLE COMPANY AL.TA. COMMITMENT SCHEDULEB OrderNo.: 1366514 Your No.: BREMERTON AVE TOWN, LT 2 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed ofto the satisfaction of the Company. GENERAL EXCEPTIONS A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the Public Records. D. Any lien, or right to a lien, for contributions lo employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records. F. Any lien for service, installation, connection! maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. G. Unpatented mining claims, and all rights relating thereto; reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. H. Water rights, claims or title to water. I. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS FOLLOW WLTAOJMB bk 05/17 /07 CHICAGO TITLE COMP ANY A.L.TA. COMMITMENT SCHEDULEB (Continued) Order No.: o o 13 6 6 514 Your No.: SPECIAL EXCEPTIONS A 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: PUGET SOUND POWER & LIGHT COMPANY ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AS CONSTRUCTED AUGUST 25, 1963 5615528 B 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: RIDGEVIEW COURT, LLC TEMPORARY CONSTRUCTION PORTION OF SAID PREMISES OCTOBER 11, 2005 20051011002754 C 3. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON SAID SHORT PLAT. D 4. RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD COMPANY: RESERVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACE GROUND AS MAY BE NECESSARY FOR GROUND OPERATIONS AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON, FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. RECORDING NUMBER: 192430 AMENDMENT AND/OR MODIFICATION OF SAID RESERVATION: RECORDED: RECORDING NUMBER: FEBRUARY 13, 1935 2841227 CLTACMBI/RDA/0999 F CHICAGO TITLE COMP ANY A.L.T .A. COMMITMENT SCHEDULEB (Continued) OrderNo.: 1366514 Your No.: BREMERTON AVE TOWN, LT 2 SPECIAL EXCEPTIONS NOTICE OF CLAIM TO SEVERED MINERAL INTERESTS, FILED BY, RECORDED, RECORDING NUMBER, GLACIER PARK COMPANY DECEMBER 9, 2008 20081209000690 G 5. CITY OF RENTON, ORDINANCE NUMBER 4612, ESTABLISHING AN ASSESSMENT H 6. I 7. DISTRICT FOR SANITARY SEWER SERVICE AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES, RECORDED UNDER RECORDING NUMBER 9606210966. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF, BETWEEN, AND, RECORDED, RECORDING NUMBER, REGARDING, EASEMENT AGREEMENT AND THE TERMS BETWEEN, AND, RECORDED, RECORDING NUMBER, REGARDING, SCHNEIDER HOMES I, LLC J & M LAND DEVELOPMENT, INC. I JANUARY 4, 2008 20080104001145 BENEFICIAL DRAINAGE FACILITY EASEMENT AND CONDITIONS THEREOF, 4TH & BREMERTON, LLC, ET AL. J & M LAND DEVELOPMENT, INC. JANUARY 4, 2008 20080104001146 ET AL. EASEMENT FOR STORM WATER FLOWS AND MAINTENANCE AND OTHER PROVISIONS RELATED TO EASEMENTS AJ AMENDED EASEMENT AGREEMENT, BETWEEN, AND, RECORDED, RECORDING NUMBER, 4TH & BREMERTON LLC, ET AL BREMERTON AVENUE TOWNHOMES, LLC AUGUST 19, 2013 20130819001063 CLTACMB2/RDA/fUJ9 CHICAGO TITLE COMP ANY A.L.TA. COMMITMENT SCHEDULEB (Continued) OrderNo.: 1366514 Your No.: BREMERTON AVE TOWN, LT 2 SPECIAL EXCEPTIONS J 8. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: GRANTEE: RECORDED: RECORDING NUMBER: KING COUNTY JULY 31, 1975 7507310043 K 9. PAYMENT OF THE REAL ESTATE EXCISE TAX, IF REQUIRED. THE PROPERTY DESCRIBED HEREIN IS SITUATED WITHIN THE BOUNDARIES OF LOCAL TAXING AUTHORITY OF CITY OF RENTON. PRESENT RATE IS 1.78%. ANY CONVEYANCE DOCUMENT MUST BE ACCOMPANIED BY THE OFFICIAL WASHINGTON STATE EXCISE TAX AFFIDAVIT. THE APPLICABLE EXCISE TAX MUST BE PAID AND THE AFFIDAVIT APPROVED AT THE TIME OF THE RECORDING OF THE CONVEYANCE DOCUMENTS. (NOTE: A DEED EXEMPT FROM EXCISE TAX IS STILL SUBJECT TO THE $5.00 TECHNOLOGY FEE AND AN ADDITIONAL $5.00 AFFIDAVIT PROCESSING FEE). L 10. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: 2013 152305-9193-09 2104 $ 144,000.00 $ 62,000.00 BILLED: $ 2,939.58 PAID: $1,469.79 UNPAID: $ 1,469.79 CI.TACMB2/RDA/0999 CHICAGO TITLE COMPANY A.L.T A. COMMITMENT SCHEDULEB (Continued) Order No.: 1366514 Your No.: BREMERTON AVE TOWN, LT 2 SPECIAL EXCEPTIONS M 11. PLEASE BE ADVISED THAT OUR SEARCH DID NOT DISCLOSE ANY OPEN DEEDS OF TRUST OF RECORD. IF YOU SHOULD HAVE KNOWLEDGE OF ANY OUTSTANDING OBLIGATION, PLEASE CONTACT THE TITLE DEPARTMENT IMMEDIATELY FOR FURTHER REVIEW PRIOR TO CLOSING. N 12. UNRECORDED LEASEHOLDS, IF ANY, RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON SAID PROPERTY AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. 0 13. THE MOBILE HOME OR MANUFACTURED HOME (AS DEFINED IN RCW 46.04.302) p LOCATED OR TO BE LOCATED ON THE REAL PROPERTY DESCRIBED HEREIN IS SUBJECT TO LICENSING AND TITLE REGISTRATION BY THE DEPARTMENT OF MOTOR VEHICLES PURSUANT TO RCW. 46.12.290. SAID MOBILE HOME OR MANUFACTURED HOME IMPROVEMENTS WILL BE EXPRESSLY EXCLUDED FROM THE LEGAL DESCRIPTION IN THE POLICY TO ISSUE UNLESS WE ARE PROVIDED WITH THE FOLLOWING: A. A COPY OF THE CURRENT CERTIFICATE OF OWNERSHIP WITH RELEASES. B. A COPY OF THE APPLICATION FOR THE NEW CERTIFICATE OF OWNERSHIP (WITH PROPER LISTING OF THE PROPOSED INSURED(S) AS OWNER OR SECURITY INTEREST HOLDER, AS APPROPRIATE). C. EVIDENCE THAT PERSONAL PROPERTY TAXES ON THE MOBILE HOME HAVE BEEN PAID IF ASSESSED ON THE PERSONAL PROPERTY TAX ROLL. D. MANUFACTURED HOME TITLE ELIMINATION APPLICATION, BEING STATE OF WASHINGTON, DEPARTMENT OF LICENSING FORM TD 420-730. MFG HOME TITLE ELIM APPLICATION COMPLETED AND APPROVED BY THE COUNTY AND READY FOR RECORDING, OR RECORDED. AD 14. TERMS AND CONDITIONS OF THE LIMITED LIABILITY COMPANY AGREEMENT FOR BREMERTON AVENUE TOWNHOMES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY. AE NOTE: A COPY OF THE LIMITED LIABILITY COMPANY AGREEMENT, AND AMENDMENTS THERETO, IF ANY, MUST BE SUBMITTED. CLTACMB2/RDA/!1)99 CHICAGO TITLE COMP ANY A.L.TA. COMMITMENT SCHEDULEB (Continued) OrderNo.: 1366514 Your No.: BREMERTON AVE TOWN, LT 2 SPECIAL EXCEPTIONS AG 15. ANY CONVEYANCE OR MORTGAGE BY BREMERTON AVENUE TOWNHOMES, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY, MUST BE EXECUTED IN ACCORDANCE WITH THE LIMITED LIABILITY COMPANY AGREEMENT AND BY ALL THE MEMBERS, OR EVIDENCE MUST BE SUBMITTED THAT CERTAIN DESIGNATED MANAGERS/MEMBERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY. T 16. TITLE IS TO BE VESTED IN PERSONS NOT YET REVEALED AND WHEN SO VESTED WILL BE SUBJECT TO MATTERS DISCLOSED BY A SEARCH OF THE RECORDS AGAINST THEIR NAMES. U 17. THE LEGAL DESCRIPTION IN THIS COMMITMENT 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. Y NOTE 1, THE FOLLOWING DEEDS AFFECTING SAID LAND WERE RECORDED WITHIN 24 MONTHS OF THE DATE OF THIS COMMITMENT, SPECIAL WARRANTY DEED 20110929000399; QUIT CLAIM DEED 20121231002398 V NOTE 2, ANY MAP FURNISHED WITH THIS COMMITMENT IS FOR CONVENIENCE IN LOCATING THE LAND INDICATED HEREIN WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE THEREON. NOTE 3, EFFECTIVE JANUARY 1, 1997, DOCUMENT FORMAT AND CONTENT REQUIREMENTS HAVE BEEN IMPOSED BY WASHINGTON LAW. FAILURE TO COMPLY WITH THE FOLLOWING REQUIREMENTS MAY RESULT IN REJECTION OF THE DOCUMENT BY THE COUNTY RECORDER OR IMPOSITION OF A $50.00 SURCHARGE. FOR DETAILS OF THESE STATEWIDE REQUIREMENTS PLEASE VISIT THE KING COUNTY RECORDER'S OFFICE WEBSITE AT WWW.KINGCOUNTY.GOV/BUSINESS/RECORDERS.ASPX AND SELECT ONLINE FORMS AND DOCUMENT STANDARDS. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE CLTACMB2/RDA/0999 CHICAGO TITLE COMPANY A.L.TA. COMMITMENT SCHEDULEB ( Continued) Order No.: 1366514 Your No.: BREMERTON AVE TOWN, LT 2 SPECIAL EXCEPTIONS LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT, LOT 2 KC S.P. #675015, 7509050645. END OF SCHEDULE B CLTACMB2/RDA/0999 Effective Date: 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelit)' National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the prh•acy practices described in this Privacy Statement and, depending on the business performed. FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: Information we receive from you on applications or other forms, such as your name, address. social security number, tax identification number, asset information, and income information: Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information: and Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and rnmpanies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction: To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/ or providing you with services you have requested; To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in ronnection with a subpoena or a governmental investigation: To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow dosing. We may also disclose your Personal Information to others when we believe, in good faith. that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/ or to comply with a judicial proceeding, court order or legal process. Disclosure to Affiliated Companies -We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and Olhcr real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless surh disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties -We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that infonnation to provide products or services to you. We maimain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Infomlation/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's reguired record retention requirements for the purpose of handling future coverage claims. For your protection,,a~l~I ~re;;c,;e:,e,e,s"","'!",-'-'-""'-"'""'""'",~',""--;"--'","""'',,""","'~~","",',,"!!!!-'"e:;,~s;,.e>e.;,e!e"',"',~;;;,""'-'--"""~ identity. Where permitte requests to: Changes to this Privacy Statement Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Page I of I FNFPRIV S/08 KMS ® AK CHICAGO TITLE COMPANY 701 F!FfH A VENUE, #2300, SEA TILE, WA 98104 PHONE: (206)628-5610 FAX: (206)628-9717 ORDER NO: YOUR NO: UNIT NO: LOANNO: 001366514 BREMERTON AVE TOWN, LT 2 06 SUPPLEMENTAL COMMITMENT 0 R D E R SUPPLEMENTAL NUMBER: SELLER: PURCHASER/BORROWER: PROPERTY ADDRESS: R E F E R E N C E I N F O R M A T I O N 1 OF THE SECOND COMMITMENT BREMERTON AVENUE TOWNHOMES, LLC RENTON, WASHINGTON 98059 Our Title Commitment dated 10/02/13 at 8:00 A.M. is supplemented as follows: AL PARAGRAPH NUMBER(S) 10 HAS (HAVE) BEEN AMENDED AS FOLLOWS: AM 1. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF AN AO FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: 2013 152305-9035-01 2104 $ 144,000.00 $ 62,000.00 BILLED: $ 2,939.58 PAID: $ 2,939.58 UNPAID: $ 0.00 THERE HAS BEEN NO CHANGE IN THIS COMMITMENT SINCE OCTOBER 2, 2013, EXCEPT THE MATTERS NOTED HEREINABOVE. THE EFFECTIVE DATE OF THIS COMMITMENT rs HEREBY AMENDED TO NOVEMBER 26, 2013. DECEMBER 3, 2013 AUTHORIZED BY: MIKE HARRIS SlJPPLCOM/RDA/099') Assessor-Map 0[1·11 . iJ 2 . .!1:,-:-u, (){}13 ' , ' u u "' 20 ,, 41105# ..;. Oi200 T ·~a. o a JEW:.~ 19 (}_i~ll) : 11-3:: ;jj 18 :JlU:J " , '.L,d' _,, .. ' .. , .... N A ' ~ .J z ~ ""I ~ ~ ., f ~ $' ' I W ' ,. \2 () ~ I ' .~ b ~~ ' I ~ ' c., ~ F "ii ~ ' ,,, C (/) . ' ' w ' '" C z (/) 0 f: ' (/) (} ~ .. ' "" ~ w 0 ... ~ I ., w N z 0 ' ~ "' N ui 0 ' I ' ~ "" [ 0 ~i ,. -:-w ::> ,w I 0:: Ill ' Q ~ ~ ,2 I-~ •f""" 'w <.O ~ (lj c,' '> ~ ,t "' ' • .:. ~. ~ ,z ~ •D 24~:J"! SF ' I-z ~ "' ·,w 36766 SF j'J: ~ ,c Oi ! I {'1-'.10/il j ·~ ~ .. SS-06-06 « ti:jJ:l ~'° Cl • 75. 4 7 I ,~ a: .c, ::!f .. 01 ~- ~·J ,',jJ. t I .:1 ~l ~, ~ ~ ~ ' ' 21 "' ~. • "t • i '' m ,. "' ~ 22 310 SF : 9l\ 11 ' . ' Page 1 of 1 "' ~ ~ '" ~ 2l:; . :rJB .'cJ I " t-,,--.. ~ • " W.J· ~, 188-cl-:;; ·"-"'~ -!>f3'.="!!, ac.n " 1 5 "-' ' :05. ·H .,-, . ., ... " 675015 ;:;, 1.42AC ~ 7509050645 LOT 3 24 C qf)(! ~ n:,,.Hi &O. 0~• l;. -"-·-·'"''!II Nf9-:n-nw 2:1 , . . NE 3rd Ln 25 ~i6 J JI! iJ2S:"1 ,., ,, .... 26 h~:J~ 1:i2r;u ~!·" ,, 'ti'' J 23 0~90t This map has been copied from the public records and Is provided solely for the purpose of assisting in locatfng the premises. No llablllties are assumed for Inaccuracies contained herein or for variations, If any, In dimensions, area or locatlOn of the premises or the locatlon of Improvements ascerteined by actual survey. http://geo.~entrydynamics.net/W A_ King/assnnaplarge.aspx?parcelid= 1523059035 6/13/2013 f !1!11.!!'" KING '291 3 la·11 COUNTY, UA When recorded return to: Isola Holdings, LLC 1518 I" Ave S., Ste 301 Seattle, WA 98134 OLEJ REPUBLIC TITLE. LTD. 61 'J -'-f'J]'-1 ~ ;J-7:, QUIT CLAThi DEED JVIGE-001 OF 001 The, Grantor(s), ISOLA HOLDINGS, LLC, for and m consideration of a nonrecognition of gain or loss on contribution under WAC 458-61A-212(2)(e), conyeys and quit claims to BREMERTON AVENUE TOWNHOMES, LLC, the follti>wing described real estate, situated in the County of KING, State of Washington: LOTS 2 AND 3, KING COUNTY SHORT PLAT NO. 675015, RECORDED UNDER RECORDING NO. 7509050645, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, ST ATE OF WASHINGTON Assessor's Tax Parcel Number(s): 152305-9193-09 and 152305-9035-01 Dated: June 17'\ 2013 !SOLA HOLDINGS, LLC By till~ Colt Boehme Its Manager Old Repubfic Tille. Lid. has placed this document of record as a customer courtesy and accepts no f,abffity for the accuracy or validity o1 the documenL STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day personally appeared before me COLT BOEHME, to me known to be the individual(s) described in and who executed the within and foregoing instrument, on oath that he ,is authorized to execute the instrument and acknowledged he is an Authoriz«! Signor of IS(j)LA HOLDINGS, LLC and that he signed the same as his free and voluntary act and deed, for,the uses and purposes therein mentioned. GIVEN under my hand and official seal this JJ.!!aay of l/11\l , 2013. 0 • ,~~--~~·~~~~~---~--~-----~~~---------... <> ~ .:, .... 0 0 LEGAL SHORT PLAT KING <:::OUNTY, ThJ• •p•c• r•••rv•a tor record•r '• u•• NO, 615015 WABHIN.ITON (.' o.;wrt,..nc "'! ~1tw , BnvJron•ntal Dlrvelopmnt OJ. v.b1on of L•-14 U..• J"..ana9C"mctnt Rr ;-:tr. J;.~C'-·\:·.> g., t_::::7 .:·;;; KIN~ c::::.:•.r (, ;;:: .,·. rJled for rec:;ird •t the :.quat of: \}J\LUN:,1-QL\~ ~·- Lind U•• 11.an.tgvment Di V. ~2lS, King Co. Courthouse Se•ttl•. ll••h1ngtan 9Bl04 D£SCR1PTION n.:iatMd ,n~ •pprov.d thi• ~ ct.w of Aitlt&r . 1,1£_ &1:"""-4· 1. ~ Dep,artatnt ot Public liorka ,~ TK /..;, .,., a£ Dttp,arc-.nt of dsse:.-•mnts ta.mined •nd •pproved thU !<{ ~ The Weet half of the South Half of the NW-1/4 of the NE-1/4 of the NN-1/4 of Section 15. Twp. 23 N., Rge. 5 E.W.M .. , except the Weet 30 feet for 136th Ave. S,E~ ).t,. 1•.2fi"'" da!I Of Mt,p on FIi• In Vault I • Cll CLAIIAT I CII : Enow all men by t~eee present• that we, tbe underaiened, o,rner\P) in fee •ill'J)le I a.ad coMnct pUJ'cb&aer(s)] of tbe 1&111 herein dascrlba1 "" h~r<my make a. abort 111ubdJv1a1on thereot 9urat11ant to lCI SS.17.060 and O.aclartt this abort plat to be the 1raphic representation of same, and that said abort aubdivision 18 made wltb t~e free consent a.nd lo accordance with the de•1re of tb-e o.-ner(a). Ia •itness whereof we have set our baadll and eeale. STATE OF 'fABHINGI'ON'!-• =•• or ~.try "- ame On tb.t• day .,,_non.t:lly ,IJ)J,'IMNd before • I , }! / J I a, J«'n J3 b I :S S L, 0 le± r. B b, :<s STATE OF r.!SHINGI'ON,/ Count!/ of { u. Or. t:hl.• dq peuondlg qpe«R<I bafon mi ----------------- to -known co '"' tbao udiv.idlllJ d•crihd in and who enrcated tbe wit:h.tn 1112d toregohlg ln•tnaa,t, ,._ •c.tnc:wledpcf that .s.ignec:f the••• u free and ,~lunta:zv •ct and d .. d, for th• us• .and JnttP'Jllff then.in amt1aned, GIVEN undar .,, band ancr oLL1c1al •Nl thi~ __ •• or ------J 1,_. .... , Bhort Plat Nwmer~-,· ~ / > lfoUiy .PUIJl.tc tn Md Lor th• St.ate oE lf'uh.tngtcn, re.J.dJng •t Pace 2-of 3 ----- ---·----------------------------- -<£1'----"S::..b'f<"_,c'i' ';:;-£, ._,,. -~F •"28,,."" sT Thi• short pl•c correetlll r•J).ruant• • survey •de b!i • or under _,., d1r~et1on in confor:..l4.~c• with th• requJ~t• ~r approprJ.•c• ~ c:.t• .and count51 statute and ord'1nanca. Shore Plat No. 6?7S'e?/5 lit• on Fife m vault DJ.r«t.ion, Sf:al•1 / -'-0 " .. , ' ·'· . .-.;. ' t • , ' .. ' r ;' "'' • • • ') ?:::.~~I_.:._...._ .•• .,...-;i...U~~----• .1~, btl•Ha .tnd heu\ndltr calhd ''Onn\ori'" tad PUOU SOUND POWEii I '-'OHT COMPAN'f, • Wa11'ln11n erir1,1out1n.l\1 htnlnafltr caU...S ''Ouft\tl;' and--------------------------=~=-,-----------------htr•ln.r,u called "Mor11actt··, WITNEISSETK: . T l\at \n CioHidtral\on or OH Dollar (I 11 ln4 other 1Uht1tril• COMLM\"atlonl) flCtlptotwhtc:Jt.11 htrtbJ ackno .... ltq'.ed. \IW 1r&n1or htrtby ''""' lr,d CCH\TfTI to UM sn.nlu, ill IUCCIHOfl ult HIICM. lht rlJlt lo c:onllnc1, r,con•1ruc1., lmprov,, r1p1lr 1 maintain and op,ral•-tltelfl~ Lran1m1111on Ind/or db1r1b111toJ11 llnc __ c.on111Un1 ol pol'U or towtn wttlil iltHll&ry 'brau,, 1111• ud aacbon, croa, • arm:1, 1n1u,alon1 1un,ml11Lon 1 dlt\tl'b,.Uon and 1L1n~l wtr11, lranai'onura &Ml. oU•tr Mc .. auy or <r:ntvC"n.lu\ hcUllln and ,qvlpmtnl over u, acrou lh1 followlns d11crlt..c1 land localed ln---~ Kl ------="'--------C'ovnly, Stal, ol Wa.ahlSlf'Oa: \"osl 1/2 of the South 1/2 or tho Northvoal 11' or Ibo Jlorthoaot 1/li of the 1:orth11Cst 1/1, of ~cllon l~, To-.ahl~ 2) Norlh, R11J1&0 S Er.at, V,M,, len · co~l &nd minr.rAl rloV!te •nd Voit 7ft tee\ for road, Thr r:tritrt lln, of uch tr.an1ml11lon alld/or d.11,rtbl.illo" lln• Jh&II bt IOCUtd u lollow•: A• ~ow cocstruclud ova~ and. upon tho aboYa da1cr1bod pro~erty along the •~:!!\. ~j\-!'t:ut. or as may bu rolocat.ed. l:>1 arotual con1ont. Gnn1u 1hlll I\ITI' •M rt11'1 of aeon actou lM adJauJ\t la.rut of U•• 1rantor '" ordu Lo uerc:tu tM r1JhU 1rantrd by 1h11 1n1tr\lm1n1, lnchtcUnc lh, rL1llt lo tQn1tt11cl 1 malnt&lA &nd Ult I p11u.blt road ln 1 conYol,1111 loullon 1 wllh nti:rnary brtq:u and 1•111, ~r.u110 a.l1ill hau lht rlrM, u &n)' lnd all 11mu I lo cvt 1 cop IM/or nltn H1 and all tir111har 1rH• nO'l o, hf'ruhrr 1tarwi1n1 or rro"'lflf vpon u\4 land or adJ:aco:nl \and of 11,, '"mor •Melt au or ma, bt- w1trun . ~s .. ..--fr,rl lr,II lht a.Id UAlfr llnt--, Ind &hO th, r\rht to CUI, lOp &nd/orJrlffl any 1ru,. u11nr. 01d t:and or .adJa.unt 1111d ol 0'11 •untor ·,Mcti, In fa.11111(, covld ~om• Within _J ___ ,,., oJ ~n)' ul thr poh,, ,cw,.,n, IL:ii:tuto, s11r.1, cooduc\ou or othrr l.titll\llH ot th• ,,aaiu or 111 •nr nunur bf' 1 mrn11fr nr llu:ird 11'1Ht10, c;r.arun, itb.tll ni.-pl11u, C'On:alrucl or m:unta,n any b111jd1na: or Otl'ln Stf't!Clurr •llhln lO IHI uf u1d 1•rr1'1rr lmr .i11d ~JI.ill dg no blUtlll( wh1l110l'Ytr ... nb1n 1' di.11anu i.,l )00 Jul lrorn a;ald llnl' untna rr"'""''L.lh!,i r.,,11,·" llu•,ruf lU11 bf'ra (l,1o111vrn 10 r;r1nlrr •A wriUq. Th>' rai(n1 .. l\rrrtn ,r .. nltd to uu• 1ruut 11hall conll11"r '" lore, 11nlll sui::hllmr a• th• 1ra.n\,r.-, ll1 11,n·rr~.a,1r.. ,1r .a"'"'K'"''• t,h,adl complrlrh' rrmo'f'r Ill struclvrn ~n4 rq111pm•nl lrora nhf land or 1MU ,>1hr,.,, 1..," 1'"' rn.inrnll)" .ab.H'IQn lht urnr, U'pon .1ucJ\ rrmonl or ab:andot!RMnl all rl1h11 tw,-.by 1ranltd !llull 1rrm11n.11,. A11y n,,,n,:.a.:;:it un 1.ud 1:ancl Jlrld bJ lhf' mor11&1n Ir hl'rrby nlrurd lo lh• •dl'nl 1 bill IHIIJ lo llw ,e,111n1 1 hl'ctU.UJ 10 svlii.>tdrn.1lr lt,r SHd morli.tJ• lu lh" rl1h1s J\ntby 1nn1,c1 to Uw 1ranlr"1",' 111 WTTtl£SS WHEREOF nus 1n.1m.1m,n1 hll, bnn nrC'Mlt11 lhlf 11,,. .uul y,~, .h!/1 11~,-,,.,. rmu, .. .. l,) 1..--?J ' ,' .... . • ..-\ ,(>?1 . ..~ <· u .-J. ::· !.i. J. ' I ~ I 1.1.1:1 ... ~~A.Tl or WA.5till-'C,TON I CQUHTY Of J<: I J'7 ( " • . . o...:~1dlll;1,•,1011<1llyapc,•1111odl1:tl0f•""~· if~ Rt: C,.; ~ ~"-" 10 N ,h. 1~r,,v;[&d,.,c,i1Mcl i1' 11\1 wh1 ntcVftil •Ml wl1hlri Ol'l~ f••t•in9 ln1trv11W11t 1 111114 .. ciu•wlt..1 .. 4 1h11 ~ ,;11 ,..c, 1h, '°,... .. __ ,, .. irnd .... 1vn111,1 "" .. nd , .. , for th.""' •1ul ,.,,,.. ... tfw,•I• _.,.,,....,,. GIVEN und• 111y ho~ •"4 ofliciol uol 11'11 t.J -t/oy of '""1 , .~-. .... 1 ~·: \ ... ' ~ .. ., -~ ·.::.,. ., .< ·, L· .. · .... "· ~ ~ J..'•ihl-., c-. ... ;, it ,rwjt ..J lo·~ ../ JA, St. ··-· " •\ '· (".,..,. /_I .~--.) --· ·"-• ' ~!-~_1 __ r!.:.. ~"'!.~; :?· '.!f"" ACX'D\ ! ,1 r,Li:0'; :.r;-(, : : 1.or , ___ ... ..,.,..,.,:.~-..,,. ..... -·-----··-.-:...·-----..:..-~~"'···--::;;:::a---==;:;;:i-'-:-~~ ~-= ... .w~11.;lll.:....:. ... ...:·~· ~·~-··~-_, .. _ -· .:... ~ ...,.~,\ ~-~~ ... ,. ..... !i~ 1• ~- ~~,--T.7=1;' ... ~ ..... « t· ... ~7:--··" .~. ~~ .. ~--~-~'t'r"'" ...... 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"· Nl)f •• .,.;.A fltnt •• ,..,..,,,.,,,,n,,1, ftl """'· s., . .....,,. :., -~,- ··· h ... r,W I,-· ... r.uW '"'" r"h I• N t,..,Jtff r.:U ill twrl HGI 4 lifd •• ii, P,.,sl, , .... ~..:.,~ .. l-t-' -....•. ,.li'.C.~' \.... r.., 411 J ...._. -· ,r..,.,~.,.,11 I\Jrt/fr N4'h,,al <f"\'1'111 -, (ii J,.,; Ju t /., . ., . . ~ t'CI:..,..,.. •. •' " ... ~p ··1;· ···-·~•-: ...~ ·:!Jlt ___ Jr ·;;.i]f/ . ;,,.~ :J,f' "" • V . •. 1· . . ·:, 'b ·'' . /· . ,.,-•' ---~ , .,:: .. ' ...... ~ :;;. >.::..>.· I.· .. I • . .-· . . ;:,,.-~ ~' ? . -.t• tail••A~ . .··· -.~ •• .. ~ ; .. ,, . ···-. . ,,, -· ·;,. --... • • 20081209000690.001 l!lLED for Record at Request of l!lamcC:.-co fl\.:\ \\es Co. Address fa Bl' 7 s;oo City8..Jic,u\l\,;. .ol;: ,~r· " 1S"'oo NOTICE OF CLAIM TO SEVERED MINERAL INTERESTS This Statement of Claim is being made for the purpose of preserving mineral interest indicated on Exhibft A, attached hereto and made a part hereof, In the rands described on Exhibit A, located in King County, Washington of the undersigned owner, GLACIER PARK COMPANY. a Delaware Partnership, and a wholly owned subsidiary of ConocoPhillips whose address is P.O. Box 7500, Bartlesville, Oklahoma 74005-7500 EXECUTED this 8th day of October, 2008 (~: ,M•1 ; '..._J .... GLACIER PARK COMPANY ..._, .'... J - < BY: ~f)~U-0, ~dy D. Blevins ~ Attomey~n-Fact - Order: 1366514 Doc: KC:2008 20081209000690 Page 1 of 30 a'iTi"'- Created By: sholstine Printed: 6/13/20 AM PST 20081209000690.002 STATE OF OKLAHOMA ) ) $$. COUN"TY OF OSAGE ) Before me. the undersigned. a Notary Public, within and for said County and State, on this the 8th day of October 2008, personally appeared Cindy D. Blevins, as Attorney-in-Fact for Glacier Park Company, to me personally known to be the identical person who executed the within and foregoing instrument and acknowledged to me that she executed the same as her free 811d voluntary act and deed for the uses and purposed therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and off,cial seal the day and year last above written. ! • • '-r •• -M•-M•• I : /.• *. TERRIL. BUT!: I ' ' ' : l. s~~ ) Notary Pubic l ! ~·--·V state of Oklahoma ! [~~mission# 00il19102 ~ Eitp.ires 11/25108 \ My Commission Expires: 11/25/2008 Order: 1366514 Doc: KC:'2008 20081209000690 ~;(&4 Page 2 of 30 Terri L. Bute Notary Public Created By: sholstine Printed: 6/13/2013 9:53:54 AM PST ~ ,: < .1 ill ,;.; q "' .;; § "' ~ 0 0 ~ ;:;--!<I '°" -Exhibit A ]i l!l .<: !<I Attached to and made a part of that certain statomont Qt Claim to Minor.al lnt<1rost dated Novemblr 21, 2008 for King County, WA d' FIie I Suffix Dated Grantors Book ·-· ~-~!--~ ·-· !. R Sect QQ l.ogal Description lntorost . M13e7f 000 5126.i1988-8URLINGTON. NORTHERN-RAiLR.OAI: ooc ii80&2eo226 22 N 7 E • PART NW4SW4 (7.3 1.00000000 " " acres} i!l M13877 000 5/26/1988 BURLINGTON NORTHERN RAILROAC DOC 8806280226 22 N 7 E • PART SE4NW4 (31.16 1.00000000 0 .c acres) ~ M13877 000 5/2611988 BURLINGTON NORTHERN RAILROAC DOC 8806280:226 22 N 7 E 9 PART SW4NW4 (9.05 1.00000000 i ac,es) i M13877 000 6126/19S8 BURLINGTON NORTHERN RI\ILROAC DOC 8806280226 22 N 7 E 23 SE 1.00000000 M13877 000 5126/1988 BURUNGTOH NORTHERN RAILROAr: DOC 8606280226 23 N 6 E 9 E2SESWSE 1.00000000 5 M13877 000 512611988 BURUNGTON NORTHERN RAJLROAC DOC 8806280226 23 N 5 E • NESWSE 1.00000000 M13877 000 5'2611988 BURLINGTON NORTH!!RN RAJLRo.AC DOC 8806280226 23 N 5 E • SESE 1.00000000 M13877 000 5'2611988 BURLINGTON NORTHERN RAILROAC DOC 8806280226 23 N 5 E • W2S\!\6E 1.00000000 M13877 000 5126/1988 BURLINGTON NORTHERN AAILROA.C DOC 8808280228 23 N O E • E2W2Sc4SW4$E4 (1.5 1.00000000 acres) . M13877 000 512611988 BURLINGTON NORTHERN RAILROAC DOC 8606280226 23 N 5 E 13 1.00000000 M13877 000 5126111188 BURLINGTON NORTHERN fWLROAC DOC 8006280226 23 N 5 E 15 NW 1.00000000 0 "' M13877 000 5126/1988 BURUNGroN NORTHERN RAJLROAc DOC 8806280226 23 N 5 E 15 S2 1.00000000 ~ 0 M13877 000 612511988 BURLINGTON NORTHERN RAILROAC DOC 8806280226 23 N 5 E 23 N2NE 1.00000000 ... M13877 000 5126J1988 BURLINGTON NORTHERN RAILROAC DOC 8806280226 23 N 5 E 23 NENW 1.00000000 ~ M13877 000 5fl6/1988 BURLINGTON NORTHERN RAILROAC DOC 8806280226 23 N 5 E 31 SESE 1.00000000 0.. M13877 000 512611988 BURL.INGTON NORTHERN RAILROAC DOC 8806280226 23 N 5 E 33 N2NE (00000000 M13877 000 5J26,11986 BURLINGTON NORTHERN RAILROAC DOC 8808280226 23 N 6 E 3 E2SW 1.00000000 M13877 000 5126/1988 BURLINGTON NORTHERN RAJLROAC DOC 8806280226 23 N 6 E 3 W2SE 1,00000000 M138n 000 5/2611988 BURLINGTON NORTHERN RAILROAC DOC 8809290226 23 N 6 E 25 .. E2 1.DOOOOOOO M138n 000 5126/1988 BURLINGTON NORTHERN RAILROAC DOC 8806280226 23 N 6 E 25 W2SW 1.00000000 M13877 000 512611988 BURLINGTON NORTHERN RAILROAC DOC 8806280228 23 N 6 E 29 LOTS 8.10, LESS3AC 1.00000000 RIW(16.53""'"') M13877 000 5126/1988 BURLINGTON NORTHERN RAILROAC DOC 8806280226 23 N 7 E 3 1.00000000 M138?7 000 5J26/f988 BURLINGTON NORTHERN RAILROAC DOC 800&280226 23 N 8 E 9 SW 1.ClOOOOQOO M13877 000 5/26/1988 BURLINGTON NORTHERN RAILROAC DOC 8806280226 24 N S E 35 N2N2 1.00000000 i M13877 000 5126/1988 BURLINGTON NORTHERN EV\ILROAC DOC 8806280226 .. N 6 E 35 S2NE 1.00000000 M13877 000 512611988 BURLINGTON NORTHERN RAILROAC DOC 8806280228 24 N 5 E 35 W2W2SW 1.00000000 "' 0 M13877 000 5l26f1988 BURLINGTON NORTHERN RAILROAC DOC 8806280226 24 N 5 E 35 A PORTION OF 1.00000000 N -E2W2SW4-SEE l'!: INACTIVATED LEGAL 0 (4.286 -> N ., M13877 000 5126/1988 BURLINGTON NORTHERN RAILROAC DOC 8808280226 24 N 6 E 16 NESW 1.00000000 8 M13877 000 5126/1988 BURLINGTON NORTHERN RAJLROAC DqC 6~6280~~ 24 N .6 E 15 NWNE 1;00000000 -N- M13877 ooo 5126,11966 sURuNGTON NORTHER.N RAILROAC DOC 8806280226 24 N 6 E 15 SENW 1.00000000 fd M Pag•2 of:28 ... -t8 "' "' -" ~ 0 j I l l I • l I l l ! ' ' ! ,C:.: C; L~ "' .... = -- -:,--' "' L_~ ··. :·:· CERTIFICA1E I, the c~.,:;:rsigned, -~ Clerk of the City of Renton, W53!iington, certify 1llat this is II true =~F ~ :;,~t CITl:" OF RENTON, WASIIINGTON --ORDINANCB NO. 4612 JIN Oll>DOBCX OF :rJIII CITY OF llNTOII, DSHIYGTOII', UTAJILISl!IRC Alf USESSlllilr.l' DISTRICT FOll SUl'l'l'AKY SBIIKII. SERTICB DI! A P0117J:OlT OP Tm!: SOUTE! EIGIIL&ND!!, IIBATIIBll DOlll!IS, A1ID JIAPLBWOOD S11B-BAS:m!l A1ID IISTABLISIIDRI TBB AIIO'ClllT 07 TUE CIIAl\GB tl'POll CONNECTIWI 'l'O TEii P'llCILI'l'IZS • THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN All FOLLOWS: SBCTXOR I. There is hereby created a Sanitary sewer Service Special Assessment Distrtct for the area served by the Rast Renton S<U1itary Sewer Interceptor in the northeast quadrant or the City of Renton and a portion of its urban growth area within u.nincorporat.ed King County, which area. is more particularly described in Exhibit •A• attached hereto. A map of the service ax-ea is attached as Exhibit ~a.-The recording of this document is to provide notification of potential connection and interest c~rges. While this connection charge may be paid at any time, the ' City does not require payment UDtil. 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 hands witbout triggering the requirement, by the City, of payment of the charges associated with tbis district. SBCTI91 ;t;I. Persons connecting to the sanitary sewer t,cilities in tbis Special Assessment District and vbich properties ! "' ~ ::: I !I\ i"i !!; ~ i ::;/ ii: B ~ !il !ii .... r· ;,; I -f w is i ! ' ' I I l ! I i i ' ; } __________________ ....... Order: 1366514 Doc: KCM96 9606210966 Page 1 of 7 Created By: sholstlne Printed: 6/13/2013 9:53:37 AM PST ORDINANCE 4612 have not been charged or assessed with all costs of the East Renton Sanitai,y Sewer Interceptor, as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fees: A. Per unit Charge. New connections of residential dwelling units or equivalents shall pay a fee of $224.52 per dwelling unit and all other uses shall pay a unit charge of $0. 069 per sguare foot of property. Those properties included within this Special AssesSll)ent 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 'me.p attached as Exhibit "B. • SECTION rII. In addition to. the aforestated charges, there shall be a charge of 4. in· per annum added to the Per unit Charge. The interest charge shall accrue for no more than te:ri (10) years from the date this ordinance becomes effective. will be simple interest and not coa,pound interest. Interest charges QCTIQN IV. This ordinance shall be effe.ctive upon its passage, approval, and thirty (30) days after publication'. PASSED BY TH!!.CITY COUNCIL this·1Jltll day of~~Juu~n~e'--~-'-1996. City Clerk 2 I I I I i ! , i i l Order: 1366514 Doc: Kci!996 9606210966 Page 2 of? Created By: sholstine Printed: 6/13/2013 9:53:37 AM PST ORDINANCE 4612 APPROVED BY THE MAYOR this ~ day of __ J_u_n_e ____ _ 1996. l l • I I Appro~as to form: .. oe~~.---12 Lawrence J. Warren, City Attorney Date of Publication, 6/14/96 ORD.576:5/20/96:as. 3 Tanner, Mayor Jt_ __________________________ .-i Order: 1366514 Doc: Kc!l996 9606210966 Page 3 of 7 Created By: sholstine Printed: 6/13/2013 9:53:37 AM PST I 1 I Ex~ibit 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 an Jn Township 23N, Raiuge 5E W.M. in King Coumy, Washington Seqtton 8, Township 23N, Range 5E W.M. All of that portion of Section 8, Township 23N, Range 5E W.M. lying East of the East right-of-way line of SR-405 and South of the following describe1:fllne: Begtnnlng at the intersection of the East line of said Section 8 With the centerline of NE 7th Street; thence Westerly along said centerline of NE 7th S~ to it.s in:te:rsection with the centerline of Sunset Boulevard NE; thence Northerly along the1 centerline of Sunset Boulevard NE to the North line of the Southeast \4 of sai<;l Section 8; thence West along said North line to the East light-of-way line of SR-405 and the terminus of said line. · Section 9, Township 23N, Range SE W.M. All of that portion of Section 9, Township 23N, Range 5E W.M. lying South and East of the following described line: - Beginning on the centerline ofNE 7th Street at its Intersection with the centerl!:ne of Edmonds Avenue NE; thence Easterly along the centerline of NE 7th street to its mtersection with the centerline of Monroe Avenue NE; thence North along said centerline to the South !Ine of the Northeast 14 of said Section 9; thenQe East along said South llne to its intersection with the centerline of Redmond Avenue NEi thence Northerly along said cente:rUne to Its intersection with the cenredine of NE 10th Street: thence East along said centerline to the East llne of said Section 9 and the terminus of said llne. Section 10, Township 23N, Range SE W.M. All !)f that portion of Section 10, Township 23N. Range 5E W.M. lying Southerly and Westerly of the following described line: . ~ on the West line of Section 10 at its lntersection with the North llne of the South Y.i of the North Y.i of said Section l O; thence East along said North line to Its Intersection with the centerline of 142nd Avenue SE; thence Southerly aloim said centerline to Its Intersection with the North line of the Southeast 14 of said Section· l O; thence East along said North line to it.s intersection with the East line of said section 1 O and the tenrunus of said line. I j f I Order: 1366514 Doc: KC:1996 9606210966 ' Page 4 of 7 Created By: sholstine Printed: 6/13/2013 9:53:37 AM PST i I l..egtal Description of the Special Assessment District fer the City r,f Renton -P.ast Renton Interceptor Seci:tlon 11, Township 23N, Range SE W.M. AILof the Southwest 14 of Section 11, Township 23N, Range 5E W.M.. ~on 14, Township 23N, Ran~ SE W.M. Pqge2of3 All,of that portion of Section 14, Township 23N, Range 5E. W.M. described as follpws: All of the Northwest \4 of said section. together with the Southwest \4 of said ~tion, except the South 'h of the Southeast 14 of said Southwest \4 and except th~ plat of McIntire Homesites and ¥i. of streets adjacent as recorded in the Book of Plats, Volume 58, Page 82, Records of King County, Washmgton. and exrept the South 151.55 feet of the East 239.435 feet of Tract 6, Block l of Cedar River Five Acre Tracts as recorded in the Book of Plats, Volume 16, Page 52, I«:cords of King County, Washington, less 'h of the street abutting said portion of Tract 6, Block 1, and less Tract 6, Block 2 of said Cedar River Five Acre Tracts, lei38 'h 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 Five Acre Tract.sand less 'h the street adjacent to said portiOn of tract 5, Block 2. Se11tJon 15, Township 23N, Ran~ SE W.M. All of that portion of Section 15, Township 23N, Range 5E. W.M., except the Sou.thwest 14 of the Southwest \4 of the Southwest l4 of said section. Seetion 16, Township 23N, Range SE W.M. All ,of that portion of Section 16, Township 23N, Range 5E W.M., except that portion of the Southeast 1A of the Southeast 14 of the said. Section 16 lying East of tho East line of the Plat of Maplewood Division No. 2 as recorded In the Book of Plats Volume 39, page 39, Records of King County Washington and its NCi>rtherly extension to the North line of said Southeast l4 of the Southeast 14 of the said Scst1on 16 and except that portion of said section lying Southerly of the Northerly rlglitt-of-way line of SR-169 (Maple Valley Highway). ' Section 17, Township 23N, Ran~ SE W.M. All of that portion of Section 17, Township 23N. Range 5E W.M., lying Northeasterly of the Northeasterly nght·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 1.=-:::::::::-:-:-:::i:'.:::-::':".'.".~'.'."'.":'--------------"""-· _·_-_, .... __ ....... __ ... _. _,...._OLEQj __ ... _ ... ___ _ I i. t I i ' i ' < I l I l j l ' i Order: 1366514 Doc: KC!1996 9606210966 Page 5 of7 created By: sholstine Printed: 6/13/2013 9:53:37 AM PST l.egrzl Description of the Specitll Assessment District far the City of Renton -East R.mton Interaptcrr Pqge3of3 between the South line of the NE 3rd Street and the Northeasterly margin of SR- 405. se¢on 21, Township 23N, Range SE W.M. All· that portion of Section 21, Township 23N, R 5E W.M. lying NorthC!lf!terly of the Northeasterly right-of-way line ofSR-169 (Maple Valley Highway) and West of the East line of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats, volume 39, page 39, Records of King County, Washington Sl!l,)tion 22, Township 23N, Range SE W.M. All of that portion of Section 22, Township 23N, Range 5E W.M. described as follows: All of the Northwest ~ of the Northeast 'A of said Section 22 Mn!! Northerlf of the So111therly line of the Plat of Maplewood Heights as recorded in the Book of Plats, VQl.ume 78, pages 1 through 4, Records of King County, Washington. · ~ther with the North 227.11 feet of the West 97.02 of the Northeast 14 of the Northeast 'A of said Section 22. I l ' i i I l I I I I l I • i ! ' Order: 1366514 Doc: KC!1996 9606210966 Page 6 of7 Created By: sholstine Printed: 6/13/2013 9:53:37 AM PST Order: 1366514 Doc: KC!1996 9606210966 Exhibit B EAST RENTON INTERCEPTOR Specic:,I Assessment District Boundary .... 2000 1:24,000 ------Oty Limlll [2'.7.".J.'""...7-l Speclci A• 11 .alt Dislrict Page 7 of 7 Created By: sholstlne Printed: 6/13/2013 9:53:37 AM PST 20080104001145.001 RETURN ADDRESS: Lamy L. Barokas BA\tOKAS MARTIN & TOMLINSON 142i Bellevue A venue Sea1tle, WA 98122 11111,1111 ~1J!1kfe EAS 113, et 11/14 b:,ia KING l.tlTY , WI WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Do<ument Title(s) (or transactions contained therein); (all areas applicable to your document must be filled in) 1. Agreement and Easement for Drainage Facility 2. 3. 4. Reference Number(s) of Documents assigaed or released: Additional reference #'son page __ of document Grantor(s) (Last name first, then first name and initials) 1. Schneider Homes I, LLC 2. 3. 4. __ Additional names on page ___ of document Grantee(s) (Last name first, then first name and initials) I. J&M Land Development, Inc. CHICAGO TITLE INS. co@ 2. 4,. & Bremerton, LLC REF# Wi,l'c too {. J,:, 3, Nicholas, Dr. Kim A. 4. Buttar, Dr. Baljinder S. __ Additiona[ names on page of document Legal des<rlption (abbreviated: i.e. lo~ block, plat or soction, township, range) Lot D, City of Renton Hillcrest lot line adjustment No. LUA-05-031-LLA Recording No. 20050719900009 _x__ Additional legal is on pages 6, 7, 8 and 9 of document AsseJ:§or's Property Tax Parcel/Account Number __x_ Assessor Tax# 1523059034, 1523059035, 1523059193, 2050500010, 7227000020, 72270000 IO The ~uditor/Recarder will rely on the infonnation provided on the fonn. The staff will not read the document to verifvthe accuracv or comoleteness ofthe indeximz infonnation nrnvided herein. EXCISE TAX NOT REQUIRED ~c~ +2 ~ I ~ ~ Order: 1366514 Doc: KCa2008 20080104001145 Page 1 of 10 Created By: sholstine Printed: 6/13/2013 9:53:43 AM PST Return Address: wry L. Barokas Barokas Martin & Tomlinson 1422 Bellevue A venue Seattl~, WA 98122 AGREEMENT AND EASEMENT FOR DRAINAGE FACILITY 20060104001145.002 Reference # (Pleuc print last name fim) Grantor(s): Owner: Schneider Homes I, LLC Add'! on pg__ <mlntce(s): (!) J&M Laod Development, Inc. (Z) 4* & Bremerton, LLC Add'I on pg. I Legal Description:Lot D,City of Renton Hillcrest Square lot line adjustment Add'! legal on pg, 6,7,8 & 9 AsSFSSOr's Property Tax Perce! /Account# 15Z3059034,1523059035, 1523059193, 2050500010, 7227000020, 722~000010 THIS AGREEMENT is made this ---':C'.. day on, .. ~ 2007 between Schneider Homes I, LLC., owner of the property legally descnoed on E•hibit A ("Grantor'' herein) on the one hand and, on the other hand, 4" & Bremerton, LLC, owner of the property legally described on Exhibit B ("Bremerton"' or "Bremerton Property"), Dr. Kim A. Nicholas and Dr. Baljinder S. Buttar, owners of the properties legally described on E•hlbit C ("Nicholas and Buttar or ''NB Properties") and J&M Land Development, Inc. owner of the property legally descnbcd on E•hlblt D ("J&M" or" J&M Property'), or their respective successors or assigns. referred to in the aggregate as '"Grantees., herein. The purpose of the Easeroent is to faerlitate the construction of a drainege pipeline on the Exhibit A property to accept stonn drainage from the Exhibit B, C and D properties and dispose of the same in accordance with the requiloment:s of all public authorities having jurisdiction over this Easement aod the properties referred to herein. The "Easoinent Area" in this instrument refers to the area on the property described in Exhibit A which is necessary for the P"IJ><1'0 of the Easement stated herein and which extends approximately ten ( I 0) feet over, under and across the northern boundary ofE,hlblt A property. NOW, THEREFORE for One Dollar ($1.00) and other valuable consideration in hand paid the receipt of which ;. acknowledged, it is hereby agreed as follows: A. Temporary Construction Easement l. Grantor hereby grants and conveys to J&M a temporary easement over, under and across Grantor's propefly to construct and install a drainage pipeline in the easement area for the purpose of accepting stonn drainage from the E<hlbit B, C and D properties and to dispose of the same in confonnance with all laws and regulations appliC1>ble thereto. The work shall be done at the sole cost and expense ofJ&M. The size of the drainage pipeline shall not exceed twelve (12) inches in diameter with a Type 2-48 inch diameter catch basin. J&M shall coordinate all of its activities on the easement area with the Grantor provide~ however, that in the event of an emergency requiring immediate action for the protection of the facilities or respective properties., J&M may take such action as is reasonable under the circumstances without notice. 2. All work shall be performed in a careful and workmanlike manner to Grantor's satisfaction tree of all Agreement and Easement for Drainage Facility -1 Order: 1366514 Doc: KC:2008 20080104001145 Page 2 of 10 Created By: sholstine Printed: 6/13/2013 9:53:43 AM PST 20080104001145.003 liens and claims and J&M Land Development, Inc. shall indemnify and hold Grantor hanmless from the same. All work sha)l be done in accordance with plans and specifications opproved by the sppropriote City of Renton agenoies. Upon completion of the comttuctlon work, J&M shall remove all debris, replace all property disturbed or destroyed during the wo* and restore the surface of the easement area as nearly as possible to the same condition it was in immediately before the condition of the work. 3. Upon request of Grantor, I&M shall provide Orantor with as·built drawings and a survey shcming the location and depth of the drainage facility in the easement area. 4. In the event J&M breaches or fails to perfonn or observe any of the tenns and conditions of this temporary easement and fails to cure such breach or default within ninety (90) days ofGrantor givingJ&M written notice here1of, Grantor may tenninate the temporary easement and all of J&M's rights under this agreement. B. Permanent Easement I. Upon completion of the work set forth in Section A above, the Grantor hereby grants to Grantee an exclµsive, pennanent and perpetual easement over, under and across the easement area for the purpose ofaccepaing storm drainage from the Exhibit B, C and D properties and disposing of the same in confonnance with all laws and regulations applrcable thereto. Said easements shall include the right to enter onto the easement area and any adjacent area;necessary for the maintenance and repair of the pipeline. 2. Grant or may install fencing, decking, deck support posts, landscaping and pavement surfacing over the easement area as defined herein and agrees not to remove or damage the said drainage piping or the ca1cfi basin or construct improvements that may damage the operation of the drainage pipe/system. J. 1&M may remove the improvements placed on the easement area by Grantor for the easement purppses including maintenance and repair and further agrees to replace the same in a condition equal to or better than they were in before J&M removed them. 4. J&M does hereby release, indemnify and promise to defend and save hannless Grantor from and against any and all liability, Joss or damage including attorney's fees incurred by Granter because of the acts or emissions of J&M except those caused by die sole neglige~ce ofGrantor or Grantor's agents or employees. 5. Notice is required to be In writing under this Agreement and shall be given as follows: IF TO GRANTOR: Schnelder Homes I, LLC 6510 Southcenter Boulevard, Suite I Tukwila, WA 98188 IF TO GRANTEES: J&M Land Development, Inc. Post Office Box 2566 Renton, w A 98056 41h & Bremerton, LLC Altll: C. Godwin 7319 Bowlyn Place South Seattle, WA 98118 Agre"lllent and Easement for Drainage Facility -2 Order: 1366514 Doc: KC!2008 20080104001145 Page 3 of 10 Created By: sllOlstlne Printed: 6/13/2013 9:53:43 AM PST Dr. Kim A. Nicholas 4505 NE 4• Street, # B Renion, WA 98059 Dr. Baljinder S. Buttar 4505 NE 4~ Stree~ # A Renton, WA 98059 20080104001145.004 6. In the event of any disputt concerning the inlc!jrrctation or enforcement of any provision herein, the ma~ slJall be resolved by alternate disputes resolution by subtiiission to the Washington Aroilration and Mediation Servil=e (W AMS). The parties agree to fust submit the matter for mediation. lfnot successfully mediated, the dispute shall be resolved by arbitration and the arbitrator shall be empowered to award attorney's fees and costs, including those incurred for expert witnesses, to the party that substantially prevails. 7. Said Easement is appurreoant to and shall run with the property described on Exhibit A for the benefit of the:: properties described on Exhibits B, C and Das easements and equitable servitudes and not easements in gross. This µsement shall be binding upon the properties and all persons owning, purchasing, leasing or occupying said property and their respective heirs, sucoessor, and assigns. 8. J&M shall at all times exereise its rights and obligations herein in accordarn:e with the requimnents (as from time to time amended) with all applicable statutes, Oiders, rules and regulations of any public authority having j urisabtion. DATED this j_ day of~ 2007. GRANTOR: SCHNE~DER HOMES I, LLC ~ GRANTEES: J&M LAND DEVELOPMENT, INC. 4 .. & BREMERTON, LLC Agreerµmt and Easement for Drainage Facility-3 Order: 1366514 Doc: KC:2008 20080104001145 Page 4 of 10 Created By: sholstine Printed: 6/13/2013 9:53:43 AM PST 20080104001145.005 sy _ __,,?.,....~""CC. ,-L--,---,.,,...-,....,....a~. _UL~~~--o,. Kim A. Nicholas STATE OF WASHINGTON Coun!:Y of King )ss. By 0., ~ &J>2 -=--= ~ 8'1jlnderS. Bottar , On this day personally appeared before me .:1f!J &;141eh',~ me known to be the pe,son who signed as DI t-. cf:' f\t (. of Schnelder Homes I,, lhe limited liability oration that executed lhe wilhin and foregbing instrument and acknowledged said instrument to be a !'roe will and volomta,y act and deed or S.bneiderHomes I, LLC, for the uses and pUIJ)Oses !herein mentioned; and on oath stated that be was aulhorized to execute 111c said instrument on behalf of said Schneider Homes I, LLC. County of King )ss. ~ (Print Name) No,azy Public in and for lhe State of Washington, residing at AubaN1 My Commission Expires: Ji' I, ~h olfI) 9 'r '"':') On tl)is day pcrsonalltappeared bcfure me /nArr... fa-o , to me known to be the person who signed as L~<.,e4.n f-of J&M Land Development, Inc., the corporation that executed lhc wilhinand fon,going instNrnent and acknowledged said instrumontto be a free and volomtllly act and deed of J&M Land Developmelll, Inc., for lhOI uses and pUIJ)Oses therein mentioned; and on oath stated that be was authOITZed to exacute said instrument on behalf bf said J&M Land Development, Inc. ~}1~ and official seal this i.J,...__ day of Du...v,,, h....,._ 2007. f ~~$i:'t~r&\ . . fPtg-"o~M,~'\." \ ~ ~~b ~ ~ I ~ :;, 6.., ~ \. ~o ;__ fJ i~~ ~ 1 \ · ve'-' ""·f( E (Print Name) \~~~~·},~'. ~~~ ... ..! No~ Publiq~ andf9<the State ofWasbington, r,ij 1~· OF Wfl,,.~,, ... ~ residing at ~__J2±: 1\\lh\\\\\,.,,,,..,. My Commi-SSJOn'-.""'"&p"'",res.,_· -, -/~p-/,.Vf~'/~LJJ--1-/--~.- Agreement and Easement for Drainage Focility-4 Order: 1366514 Doc: Kc!2008 20080104001145 Page 5 of 10 Created By: sholstine Printed: 6/13/2013 9:53:43 AM PST 20080104001145.006 County oft.mg'Thu.t&b'I )ss. On this day personally appeared before me (I ,'ff P 0td.!llodo , lomeknowntobetheperson who signed as i'O?a n a,~ of 4Ut & Bremerton, LLC, the limited liability corporation that executed the within and foregoing instrument and acknowledged said instrument to be a free will and voluntary act and deed or 41b & Bremerton, LLC, for the uses and purposes therein mentioned; and on oath stated that he was authorized to ex:ecute the said instt'ument on behalf of said 41h & Bremerton, LLC. GIVE!j.~l/.t.P.fficial seal this~ day of Decem bY: 2007. :~-:-:;.~ss•o-v~i.~, \H".. f f~~ ~OTA,91-~\~\ jt~~ iJit;!::;;,:: ~ : --·~ . ~ . ~ m ; Pu C : , (Print Name) \:;, \ BLl / ~ f Notary Public in and for the State of Washington. '•,/'~··.f.;;i5.os ... -~o ~ residing at T\').\.Llf, Ina f 011 n ty 11t,,O,<" WAS~\~ ..... ~ My Commission Expires: S. pi 15. 2DO!i ''\'"''""'~ ..... ""' STA TE OF WASHINGTON ) County of King )ss. On this day personally appeared before me Dr. Kim A. Nicholas, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that he signed the same as his free will and volur,tary act an~.\\™1• for the uses and purposes therein mentioned. ~~!c.!:-.i"",,,,, : !'~~o~~~d and official seal this _J.!:._ day of/LM~2007. j j~or~~t?t.\ C/1:1,;JJJ 'm~ ~~-~ ",., !~Ml "J?:u~_!, m. \~t,. Vauc ff E (PrmtName) ~~,;\·_:.,01 .._ ,# § NotaryPublici dfortheStateofWashington, ~ () :•;,~ ,: ~ I ..... ~ :+-;: 'd' ,,,.'R.: '',:;l\\\. ...... ~-<.o~~ rest mgat::-,:~~n"f-_..,--,';;'T;:-::,:;;.-;-;--,,,l,t,;~sHtM~""'.,..~-My Commission Expires: /0 ~II\\\\\\\\.'\,-..: '~=,u..4.=-:..,,c..._ __ STATE OF WASHINGTON ) County of King )ss. On this day personally appeared before me Dr. Baljinder S. Buttar, tome known to be the individual described in anc;t who executed the wlthin and foregoing instrument and acknowledged that he signed the same as his free will and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN ~,ljr,nd and official seal this J.k._ day of ee.,n . 2007. ,,. .. "';~\,lE "'· l:l!~ -"'~-,:,,;:,,-,,"""•• ... 'll~ ~;,? . / -· .-.-.·~~\c;S-\0,'lt ~,,,,_,,_ ,I'/ ,,.~~ OTA,;, 'f,o\ ~-'-:1,--'!'-~..,--,,.----,.,,-.--~----- ? "' ;.. 'B'~ · Pa,ncJ ~ -· ' t,§ l (Print Name) , "'ve1.'c, f;;,: ff Notary Publi~j~ and,forthe State of Washington, . ;~,/"'· .. '.~~n \' ~~ ff residing at :-;c.v,,..,i--c--~-:----.--,------ 1'*,,1$' o;~·.~\.:w.~~~,;c, $~ My Commission Expires: IQ J ]q I 2 ,. , , 1'11 111 WASn:oo.,''$ , 1 ··~""""'' . . ' Agreement and Easemem ror Dramage Fac1hty -5 Order: 1366514 Doc: KCi2008 20080104001145 Page 6 of 10 Created By: sholstine Printed: 6/13/2013 9:53:44 AM PST EXHIBIT A (Onu,tor -Schneider Homes I, LLC) Lot D, City of Renton Hillcrest Square lot line adjustment Number LUA-05·031-LLA, Recorded under Recording Number 20050719900009, said lot line adjustmenl being a reconfigwation of portions of the northwest quarter of the northeast quarter of the northwest quarter of Section 15, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington. EXCEPT the east IO feet thereof conveyed to the City of Renton by deed recorded under Recording Number 200610 I 7000955. Tax Parcel No. 1523059034 Agreement and Easement for Drainage Facility -6 20080104001145.007 Order: 1366514 Doc: KC12008 20080104001145 Page 7 of 10 Created By: sholstlne Printed: 6/13/2013 9:53:44 AM PST EXlDBITB (Grantee-4• & Bremerton, LLC) Parcel A, Dochnahl Binding Site Plat, according to the plat thereof recorded in Volume 163 of plats, Pages I and 2, Records of King County, Washington, situate in the Coimty of King, State ofWashington. Tax Parcel No. 2050500010 Agreement and Easement for Drainage Facility -7 20080104001145.008 Order: 1366514 Doc: KC:2008 20080104001145 Page 8 of 10 Created By: sholstine Printed: 6/13/2013 9:53:44 AM PST ' EXHIBITC I. (Grantee: Dr. Kim A. Nicholas) Unit B, Renton Highlands Business Cenrer, a condo--according to lhe declaration thereof, recorded under King County Recording No. 9406160999; said Unit is located on SurveyMapandPlansfiledin Volume l 19ofCondominiumPlats, at Pages 8 and 9, in King County. Situate in 1he County of King, State of Washington. Also known as Parcel No. 722700-0020, located at 4505 NE 4• Stree~ Renton, WA 98059 Tax Parcel No. 7227000020 2. (Grankoe: Dr. Baljinder S. Buttar) Unit A, Renton Highlands Business Center, a condominium recorded in Volwne 119 of Condominiums, Pages 8 and 9 inclusive, according to lhe Declaration thereof, recorded un King County Recording Number 9406160999, and any amendments thereto. Situate in lhe County ofKing, State ofWashington. Also known as Parcel No. 722700-0010, located at 4505 NE 4* $tree~ Renton, WA 98059. Tax Parcel No. 7227000010 Ag,cem,nt and Easement for Drain&&• Facility -8 20080104001145.009 Order: 1366514 Doc: Kci2008 20080104001145 Page 9 of 10 created By: sholstlne Printed: 6/13/2013 9:53:44 AM PST EXHIBITD (Grantee: J&M Land Development, Inc.) Lots 2 and 3 of King County Short plat No. 675015, Recorded under Recording No. 7509050645, Records of King County, Washington. Also known as Pan:cls Nos. 1523059035 and 1523059193, located at 320 Bremerton Avenue NE. Tax Paree! Nos. 1523059035 and 1523059193 Agreement and Easomcnt for Drainage Facility .9 20080104001145.010 Order: 1366514 Doc: KG:2008 20080104001145 Page 10 of 10 Created By: sholstine Printed: 6/13/2013 9:53:44 AM PST RETURN ADDRESS: Lany L. Barokas BAll.OKAS MARTIN & TOMLINSON 1422 Bellevue A venue Seattle, WA 98122 WASHINGTON STATE RECORDER'S Cover Sheet RCW 6S.04 20080104001146.001 Document Tltle(s) (or transactions contained therein): (all areas applicable to your document!!!!!!! be filled in) l .. Easement Agreement 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'son page __ of document GrBntor{s) (Last name first, then first name and initials) I . 4'' & Bremerton, LLC 2. Nicholas, Dr. Khn A. 3. Buttar, Dr. Baljinder S. 4. __ AdditionaJ names on page ___ of document Graotee(s) (Last name first, then first name and initials) I. J<f<M Land Development, Inc. 2. 3. 4. __ Additional names on page ___ of document CHICAGO TITLE INS. co(jj) REF# Wb fr, I co/ -10 ~I d.,.ription (abbreviated: i.e. lot, block, plat or section, township, range) Parcel A, Dochnahl Binding Site Plat, recorded in Volume 163 of plats, Pages I and 2 _x_ Additional legal is on pages 7 and 8 of document Assessor's Property Tax ParceJ/Account Number __x_AssessorTax # IS23059035, IS230S9!93, 20S05000!0, 7227000020, 7227000010 The Auditor/Recorder will rely on the information provided on the fonn. The staff will not read the document to verl the accurac or com leteness oftbe indexi infonnation rovided herein. Order: 1366514 Doc: KC:2008 20080104001146 Page I of 10 Created By: sholstine Printed: 6/13/2013 9:53:47 AM PST Return Address: Larry L. Barokas B811okas Martin & Tomlinson 1422 Bellevue Avenue Seattle, WA 98122 20080104001146.002 EASEMENT AGREEMENT Reference# (Please print last name first) G~tor(s): (I) 4'" & Bremerton LLC (2)Nicholas, Dr. Kim A. (3)Bunar, Dr. Baljinder S. Add'I on pg_ Grantee(s): (I) J&M Land Development, Inc. Add'! on pg_ Legal Description (abbreviated):Parcel A,Do<hnahl Binding Site Plat, Vol.163 of Plats Add'! legal on pg 7 & 8 Assessor's Property Tax Parcel / Account # I 523059035, 1523059 I 93,20505000 IO, 7227000020, 72270000 I 0 THIS AGREEMENT is made this t:?, ff.,_ day of Dern., o-m , 2007 between 4" & Bremerton, LLC and Dr. Kim A. Nicholas and Dr. Baljinder S. Buttar and their respective successors or assigns ("Grantors" herein) and J&M Land De\'elopment, Inc. and its successors or assigns {"Grantee•· hemin). A. Grantors are the owners oftl1e properties legally described on Exhibit A which is attached hereto and incorporated herein; and, B. Grantee is the owner of the property legally described on Exhibit B, which is attached hereto and incorporated herein. C. Granto rs and Grantee wish to grant, warrant and convey to each other cross easements to direct the flow of storm water over, llllder and across their separate properties and which benefit said properties. NOW THEREFORE, for valuable consideration U1e receipt of which is hereby acknowledged Granrors and Grantee agree as follows: 1. Right of Access for Construction. Granto rs grant a temporary right of access onto Gran tors• properties to Grantee for the purpose of allowing Grantee to regrade and install landscaping hereinafter referred to as "Construction Work" as described on the ESM drawing dated August 27, 2007, attached as Exhibit C. The area necessary for the "Construction Work" is referred to as an "Easement Area" and shall be constructed so as· to direct the flow of storm water over, under and across the Exhibit A or Exhibit B properties to a drainage pipeline located on adjacent property owned by Schneider Homes I, LLC (the "Schneider Property"). The Schneider Property is the subject of an easement recorded undercloofo Ja'(oo[/'{z (the "Sch~ekler Easement"). The parties hereto and their respective Exhibit A and B properties shall be deemed to benefit from this Easement Agreement. Easement Agreement -I Order: 1366514 Doc: KCl2008 20080104001146 Page 2 of 10 Created By: sholstine Printed: 6/13/2013 9:53:47 AM PST 20080104001146.00~ 2. Easement Grant. To the extent stonn water flows over, under and across the Exhibil A and B properties, the respective owners grant, convey and warrant to each other an exclusive, perpetual and perinanent easement 3. Elevations and Dimensions. The approximate elevations and dimensions of the Construction Work shall be: 3.1 Top elevation of proposed grading-408 feet plus or minus above mean sea level 3 .2 Elevation at edge of parking lot-412 above mean sea level 3.3 Approximate depth of fill at the property line separating Grantors and Grantee's properties is plus or minus 6 feet 3.4 The fill area will project 16 feet plus or minus onto Grantors' property 3.5 Distance from top offill to existing parking lot 12 feet plus or minus 4. Landscaping. The landscaping shall approximate, as close as reasonably possible, thacsho\\11 on Exhibit C. Grantee shall provide for necessary erosion control to prevent landslides or other soil subsidence during the work. 5. Ingress and Egress. Grantee shall complete all of the Construction Work no later than December 31, 2008 at which time the right of ingress and egress for that purpose shall tenninate. 6. Maintenance. Grantee shall maintain the Easement Area during the course of the Coru;truction Work at its sole cost and expense and keep the same in a safe condition and maintain the trees shown on Exhibit C for a period ofone (l) year from installation. Without limitation, Grantee shall install and mai$in, and keep in good working order the stonn drains system on Grantors' and Grantee's property and the Schneider Property, including the pipeline, which may extend from 4& and Bremerton Property to G,antee's prop~rty and through the Schneider Property. Grantee shall comply with all rules, regulations and la\\~ applipable to the Easement Area at its sole cost and expense. Grantee shall comply with all rules. regulations and laws applicable to the Easement and shall be responsible for obtaining all pennits and keeping the same in full force and effect for the time necessary. J&M's obligation to maintain the landscaping and grading shall terminate upon completion of the Construction Work. 7, Indemnification, Grantee shall indemnify and hold Grantors hannless from all losses, costs. expCBse and liabilities including reasonable attorneys fees and court costs incurred, arising out ofor relating to the 1lJ111!1! of this Easement or any act oromission by Grantee, its agents, invitees, employees and contractors in the perfonnance of any ofits obligations. 8. Insurance. Grantee shall require its agents and contractors perfonning work on the Exhibit A property, at Grantee's direction, to carry workman's compensation insurance required by Washington law and commercially reasonable comprehensive general liability coverage for injury to or deatt, to persons or damage to property arising out of or related to this Easement Agreement or any act or omission by Grantee, its agents. invit~s, employees and contractors in the performance of any of its obligations in amounts not less than $1,000,000,00. The aforementioned insurance policies shall name Grantors as an additional insured. Grantee shall provide a certificate of the insurance to Grantors on request. The insurance company issuing said policy shall ~e licensed to do business in the State of Washington. Easement Agreement -2 Order: 1366514 Doc: KC;2008 20080104001146 Page 3 of 10 Created By: sholstine Printed: 6/13/2013 9:53:47 AM PST 20080104001146.004 9. Restrictions on Grantee's Use of Easement Area/Damage. Grantee shall use the Easement Area only as necessary for the purpose described in this Easement Agreement and shall use its best efforts not to interfere with the Grantots' use and enjoyment of the property. Grantee acknowledges that Granters operate retail facilities and shall not block or in any way restrict access to or from the Grantors' properties or in any other way interfere with the Granters' use of their properties. Grantee shall keep the Easement Area free and clear of debris at all times and shall not use the Easement Area for storage of material. Grantee agrees to repair all damage caused to any part of the Grantors' properties caused by Grantee, its employees, agents or contractors which obligation shall include, but is not limited to, the replacement of any trees removed to accommodate Grantee's easement and shall restore Grantors' properties following any Grantee work thereon to the same or better condition than it existed prior to the damage. IO. Gran tors Use of Easement Area;. Grantors may not erect on the Easement Area any building or other improvement that would interfere with Grantee 1s easement rights hereunder without the prior written consent of Grantee, which may not be unreasonably withheld, and which consent shall be deemed to have been granted if Grantee fails to object in writing on or before the I Oili day following Grantee's receipt of Grantors' notice intended action. Grantors reserves the right to use the Easement Area for any purpose with tl1e rights granted Grantee herein. 1 I. Permanent Easement. The easements granted herein are appurtenant to and shall run wirh the properties described in ExhibUA and ExhibitB as easements and equitable servitudes and not easements in gross. This easement shall be binding upon the properties benefiting thereto and all persons owning. purchasing, leasing or occupying said properties and their respective heirs, successors and assigns. 12. Default. If Grantee shall at any time violate any of the terms, covenants or conditions contained herein or fail to perform any of its obligations in a timely fashion, Grantors shall have the •ight to declare this Easement Agreement nun and void and ofno further force and effect. Upon such even!, J&M shall promptly remove any improvement from the Easement Area and return the Easement Area to Gral!tors in the same condition as it existed when it was received by Grantee. 13. Alternatiye Dispute Resolution. In the event of any dispute concerning the interpretation or enfotj}ement of any provision herein, the matter shall be resolved by alternate disputes resolulion by submission to the Washington Arbitration and Mediation Service (WAMS). The parties agree to firstsubmit the matter for mediation. lfnot successfully mediated, the dispute shall be resolved by arbitration and the arbitrator shall be empowered to award attorney's fees and costs, including tl1ose incurred for expert "itnesses. to the party that substantially prevails. 14. As-Bailts. Upon Grantors' request, Grantee shall promptly provide Grantors with as-built drawi~gs and a survey showing the location and depth of the drainage facility on Grantors· property. 15. Notice. Notice is required to be in writing under this Agreement and shall begin as follows: GRANTORS: 4" & Bremerton LLC Attn: CliffGodwin 7319 Bowlyn Place South Seattle, WA 98118 Easement Agreement -3 Order: 1366514 Doc: KC:2008 20080104001146 Page 4 of 10 Created By: sholst!ne Printed: 6/13/2013 9:53:47 AM PST Dr. Kim A. Nicholas 4505 NE 4'" Street, # B Renton, WA 98059 Dr. Baljinder S. Buttar 4505 NE 4~ Street, # A Renton, WA 98059 GRANTEE: J&M Land Development, Inc. Post Office Box 2566 Renton, WA 98056 20080104001146.006 WHEREFORE, Grantora and Grantee have executed this Agreement as of the date firat above wr[tten. Easement Agreement -4 Order: 1366514 Doc: KC2008 20080104001146 GRANTORS: 4~ & BREMERTON, LLC ~~~:ef~ By~/}R."--, ~i=r,____~0-· _JJ._a-"· =' ~ Dr. Kim A. Nicholas BY~($;]~ r.Baljlnder S. B'uttar GRANTEE: J&M Land Development, Inc. Page 5 of 10 Created By: sholstine Prilted: 6/13/2013 9:53 :47 AM PST 20080104001146.006 STA TE OF WASHINGTON County of !Eing'Thws"""' )ss. On rl1is 2l •• day of Dc<:<;ro w 2007, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared (' I i-ff P bod,.v,1, vi , to me, known to be the pernon who signed as (btMJ p ~ of 4" & Bremerton, LLC, the limited liability corporation that executed the with~d foregoing instrument, and acknowledged said instrument to be a free and voluntary act and deed of 4" & Bremerton, LLC for the uses and purposes therein mentioned; and on oath stated that he was authorized to execute the said instrument on behalf of said 4th & Bremerton, LLC. GIVEN under my hand and official seal this U day of _lli~c>e~rnuhe=~c------ 2007. Notary Public in and for the State of Washington, residing at "'/ht J CJj{)Q ~·~ My Commission Expires: b&( gs. 1fd( STATE OF WASHINGTON ) County of King )ss. On this day personally appeared before me Dr. Kim A, Nicholas, to me known to be the individual described in and who e<ecuted the within and foregoing instrument and acknowledged that he signed the same as his free will and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this & day of 't:e f{!m IJ/!c 2007. Easement Agreement -5 Order: 1366514 Doc: KC:2008 20080104001146 ~~; N"!3'.Y Publijjn and,for the State of Washington, residing at:-'-~:::!':"''--:----r:--c--~------ My Commission Expires: / P /78/ 2Q // Page 6 of 10 Created By: sholstine Printed: 6/13/2013 9:53:47 AM PST 20080104001146.007 STA TE OF WASHINGTON ) County of King )ss. On this day personally appeared before me Dr. Baljlnder S. Buttar, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that he signed the same as his free will and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this /2-day of ""De t.Q,,/n ~ 2007. STA TE OF WASHINGTON County Of King ) )ss. (P~;,., Notary Public in,and f9r the State of Washington, residingat-'/'-~-"=---~~~------ My Commission Expires: /0 ll!'l li&I[ ' On th is / 2.... day of ~ e.m Ja.t-r 2007, before me, the undersigned, a Notary Public iE and for the State J<of Washington, duly commissioned and swo':7?, per,;onally appeared (ha,zL. c, u.sso , to me, known to be the person who signed as "~1d,,ni:. of J&M Land Development, Inc., the corporation that executed the within and foregoing inst rumen~ and acknowledged said instrument to be a free and voluntary act and deed of J&M Land Developm~nt, Inc., for the uses and purposes therein mentioned; and on oath stated that he was authorized to execute·the said instrument on behalf of said J&M Land Development, Inc. GIVEN under my hand and official sealthis___lk___ day of bee.em ht c: 2007. Easement Agreement -6 Order: 1366514 Doc: KC:2008 20080104001146 Page 7 of 10 Created By: sholstine Printed: 6/13/2013 9:53:47 AM PST EXHIBIT A I. (Grantor: 4 18 & Bremerton, LLC) Parcel A, Dochnahl Binding Site Plat, according to the plat thereof recorded in Volume 163 of plats, Pages l and 2, records ofKing County, Washington. Situate in the County of King, State of Washington. Tax Parcel No. 2050500010 2. (Grantor: Dr. Kim A. Nicholas) Unit B, Renton Highlands Business Center, a condominium, according to the declaration thereof, recorded under King County Recording No. 9406160999; said Unit is located on Survey Map and Plans filed in Volume 119 of Condominium Plats, at Pages 8 and 9, in King County. Situate in the County of King, State of Washington. Also known as Parcel No. 722700-0020, located at 4505 NE 4" Street, Renton, WA 98059. Tax Parcel No. 7227000020 3. (Granto,: Dr. Baljinder S. Buttar) Unit A, Renton Highlands Business Center, a condominium recorded in Volume I 19 of Condominiums, Pages 8 and 9 inclusive, according to the Declaration thereof, recorded under King County Recording Number 9406160999, and any amendments thereto. Situate in the County of King, State of Washington. Also known as Parcel No. 722700-00 I 0, located at 4505 NE 4'' Street, Renton, WA 98059. Tax Parcel No. 7227000010 Easement Agreement -7 20080104001146.00B Order: 1366514 Doc: KC:2008 20080104001146 Page 8 of 10 Created By: sho/stine Printed: 6/13/2013 9:53:47 AM PST EXHIBITB (Grantee -J&M Land Development, Inc.) Lots 2 and 3 of King County Short plat No. 675015, Recorded under Recording No. 7509050645, Records of King County, Washington. Also known as Parcels Nos. 1523059035 and 1523059193, located at 320 Bremerton Avenue NE. Tax Parcel No. 1523059035 and 1523059193 Easement Agreement -8 20080104001146.009 Order: 1366514 Doc: KC:2008 20080104001146 Page 9 of 10 Created By: sholstlne Printed: 6/13/2013 9:53:47 AM PST 20080104001146.010 EXHIBITC Attach ESM drawing dated 8/27/07 vr .. ~..J .......J ...... s ... ~":;;,J ._;...,. .-c.-u,,-J.:....; ""-jo..r &,o&0!~¥9otJtJO <fl Ease1nent Agreement -9 Order: 1366514 Doc: KC:2008 20080104001146 Page 10 of 10 Created By: sholstine Printed: 6/13/2013 9:53:47 AM PST CHICAGO TITlE INS. co~ REF# W IJ-p0St'~6 Rellara Address: C/0 JOHNS MONROE MITSUNAGA KOLOUSKOVA PL!.C ATI"N: Darrell S. Mitsunaga 1,1J111,1111 1601 114~ Ave. SE, Suite 110 B~levue, WA 98004-6969 CHICAGO TITLE EAS 79.ee PAGE-I OF 188 88/19/2813 13:32 KING COUNT'I, UA ucl"lor/R A I ecordcr's In de. F xme. onn Document Tillers\: I AMENDED EASEMENT AGREEMENT R~fen:nce Numberls\ of related Documents I 2008010400l 146 Giamor(s): l. 4" & Bremenon, LLC 2. Nicholas, Dr. Kim A. 3. Buuar, Dr, Baljindc:r S. Gl]Dlllee(s) I. Bremerton Avenue Townhomes, LLC Ugal Descriptioo: J Lots 2 and 3, King Shon Pia! No. 67501 S, Rec.# 75090S064S labbn.'Vialedl 'J X ' Additional Jcga1 is on pages Exhibii. A and B of documenL A~scssor 1 s Property 1523059035; 1S230S919J;20SOS00010; Tax Parcel/Account Numb-'s\; 7227000020: 7227000010 AMENDED EASEMENT AGREEMENT This AMENDED EASEMENT AGREEMENT (this "AMENDED EASEMENl"') is made this 19th day of June, 2013, between 4"' & Bremerton, LLC, Dr. Kim A. Nicholas, and 0,. Baljinder S. Buttar (collectively referred to as "Grantors" herein), and Bremerton Avenue TQwnhomes, LLC (referred to as "Grantee" herein). RECITALS A. Granlors are owners of real property legally described on Exhibit A, which is attached hereto and incorporated by reference herein ("Granto rs' Property"). B. Grantee is the owner of the real property legally described on Exhibit B; which is attached hereto and incorporated by reference herein ("Grantee's Property''). C. In December 2007, an Easement Agreement (the "Easement Agreement") was entered between Grantors and J&M Land Development, Inc. to, inter alia, grant, wllmmt and convey to each other cross easements to direct the flow of storm water over, under, and across Grantors' Property and Grantee's Property for the benefit of said properties. The Easement Agreement, recorded under King County Recording No. 20080104001146, is in~orpprated by . Pagel 20130819001063.001 reference herein. Grantee is a successor in interest to J&M Land Development, Inc. wilh respect to@rantee's Property. D. The Easement Agreement was binding upon Grantors' Property and Grantee's Property, was to run with the land, was binding upon said properties, and benefitted the heirs, sucbessor, and assigns of said properties. 20130819001063.002 E. The Easement Agreement further granted Grantee, inter alia, a temporary right of acc¢ss onto Grantors' Property for construction of re-grading, landscaping, and storm water co~trol and facilities, which access and construction was to be completed by December 31, 2008, which did not occur. F. Grantors and Grantee wish to re-affirm, adopt, and agree to the terms and COf\ditions of the Easement Agreement as amended herein by this Amended Easement. NdW, THEREFORE, for valuable consideration, the adequacy and receipt of which ,is hereby actowledged Grantors and Grantee re-affirm, adopt, and agree to the terms and com!itions of the. Easement Agreement and agree to amend the Easement Agreement as reflected in the botdlitalic font as follows: I. Section I of the Easement Agreement is amended as follows: I. Right of A/;g;<;s for Construction. Grantors grant a temporary right of access onto Grantors' properties to Grantee for the purpose of allowing·Grantee to regrade and install landscaping and other improvements hereinafter refem,d to as "Construction Work" as described, in part, on the ESM drawing dated August 217, 2007, alt&ehed referenced as Exhibit C in the Easement Agreement. The area necessary for the ''Construction Work" is referred to as an "Easement Area" and the uconstruction Work" shall be constructed so as to direct the llow of storm water over, under and across the Exhibit A or Exhibit B properties to a drainage pipeline located on adjacent property owned by Schneider Homes I, LLC (tl,e "Schneider Property'') and shall indude, but not be limited lo: a. Regrading b. Removal of the existing 12" CMP culven on Grantors Property legally described on Exhibit A. c. Installation of 20 lineal feet of 12" CPEP pipe connecting the existing stonn drainage manl,ole on Grantors' property to the new storm drainage manhole (#16) on Grantee's Property legally described on Exhibit B, per the Concept Engineering drawing dated 7-31-12, entitled BREMERTON TOWNHOMES STORM DRAINAGE PUN, DRAWING NO. C7.0, which has been provided to Grantors and is incorporated by reference herein. d. Installation of 01/,er necessary storm water facilities. Page] The Schneider Property is the subject of an easement recorded under 20080104001145 (the "Schneider Easement"). The parties hereto and their respective Exhibit A and B properties shall be deemed to benefit from lhis Easement Agreement. Any money received by Grantee from the sale and harvest of trees/lumber from Grantor's Property shall be paid to Granton. 2. Section 3 of the Easement Agreement is amended as follows: 3. Elevations and Dimensions. The approximate elevations and dimensions of the Construction Work shall, as reflected in the Concept Engineering draH1ing dated 7-31-12, entitled BREMERTON TOWNHOMES GRADING PLAN, DRAWING NO. C-6.0, wlliclt llas bt,en provided to Grantors ond is incorporated by reference therein, be: 3.1 Top elevation or proposed grading -408 410 fee plus or minus above mean sea level. 3.2 Elevation at edge of parking lot-412 above mean sea level. 3.3 Approximate depth of fill at the property line separating Grantor's and Grantee's Property is plus or minus 6 JO feet. 3.4 The fill an:a will project 16 feet plus or minus onto Grantor's property. 3.5 Distance from top of fill to existing parking lot 12 feet plus or minus. 3. Section 5 of the Easement Agreement is amended as follows: 5. · lngr;ess and Egress. Grantee shall complete all the Construction Work no later than 9eeeM'1er JI, i908, Decemher 31, 1013, at which time the right of ingress and egress for that purpose shall terminate. 4. Section 15 of the f.asement Agreement is amended as follows: · 15. Notice. Notice is required to be in writing under this Agreement and shall ltegilf be as follows or to suc/1 ot/1er address as any party may designate to,the other parties In writing: GRANTORS: 4™ & Bremerton LLC Attn: CliffGoodwin 7319 Bowlyn Place South Seanle, WA 98118 20130819001063.003 PageJ Dr. Kim A. Nicholas 4505 NE 4111 St. # B Renton, WA 98509 Dr. Baljinder S. Buttar 4505 NE 41h St.# A Renton, WA 98509 GRANTEE: .f&A( bamJ Deve/epmenl, he. ,°'1st Offiee B6!t 15&6 Renlsn, ~4 98Q56 Bremerton Avenue Townhomes, LLC 846108th Ave NE, Bellevue, WA 98004 20130819001063.004 5. Except as otherwise expressly modified by this Amended Easement, all tenns and conditions of the Easement Agreement shall remain in full force and effect without modification or clu!nge. 6. This Amended Easement and the Easement Agreement contains the entire agreement betwc:',en the parties with respect to the subject matter hereof and shall not be modified or amended in any way except in a writing signed by duly authorized representatives of the respective parties or their successors in interest or assigns. 7. This Amended Easement and the Easement Agreement shall be binding upon the respe<flive successors and assigns of the Parties hereto and shall inure to the benefit of and be enforc;eable by the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Amended Easement to be execu,ed as of the date first above written. G~TORS: GRANTEE: BR~U~WNHOMES, LLC By J~ Charles F. Conner, its Managing Member Page4 20130819001063.005 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this J.2... day of A.~Gf . 2013. before me, the undersigned Notai;rJlpl>I~ in and for the State of Washington, d~ commission and sworn, personally appeared Cliff~ to me known to be the Manager of 4 & BREMERTON LLC, who executed the foregoing iJ151niment and ackndwledged to me that the said instniment was signed as his/her free and voluntary act and deed, for the ~ and purposes therein mentioned. WITNESS my hand and official seal this~ day of ~l).f,t , 2013. llallry l'llblle 11111 .. WUl!lngton MELINDA WEBER -- Mr Appointmtnl Elpirtl S., I 7. 21111 - STATEOFWASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Dr, Kim A. Nicholas is the person who appeared befOf!' me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the purposes mentioned in the instniment. SIGNED AND SWORN to before me on this /{p'II' day of J(.). J_j , 2013. Nalllyl'llllilo Sllll ol Wnblngtan MEUNOA WEBER )IIIJ Appot.-nJ Explrn S111 t1, 21111 ~f.ft 004 -X (Print Niune) No ub ,c Residingat ~ I~ My appointment expires~@llo Page5 20130819001063.006 ST A 1IB OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Dr. Baljinder S. Buttar is the person who appeared befol'l! me, and said person acknowledged that he/she signed this instrument and acknowlel<jged it to be his/her free and voluntary act for the purposes mnoned in the instniment. SIGNED ~ND SWORN-to_be~ore meon this~dayof A~~1.ttl: , 2013. N~~Uc ~~~ s::0•~-=~= (Y~ (Print Name) Mr llppainbntnt E1q1lr11 Oct 1. 2011 Notary Public !I. \ STATE OF WASHINGTON) ) ss. COUNTY OF KING ) Residing at 'iii 1,3 N6 LjP.kTI<,.. :Joo., b/8, Myappointmentexpires \0!01ll(R On this~o-'1;ray of <J4-0e., , 2013, before me, the undersigned Notary Public in and for th~ State of Washington, duly commission and sworn, personally appeared Charles F. C:onner, to me known to be the Managing Member of Bremerton Avenue Townhomes, LLC, who executed the foregoing instrument and acknowledged to me that the said instrument was signed as his/her free and voluntary act and d~, for the uses and purposes therein mentioned. . WITNESS my hand and official seal this ~ay of cJM~ , 2013. (Print Name) ,'5ht.U"On L.. PCet)il'.kY\ Notary ':'blic, Resid~ng at ~JU' · My appomtment expires: _.ill.J..:.l ,.._,ISJ-..c_;..y...,_!_:::'~co.--- Page6 EXHIJ3IT A 1. (Orantor: 4TR & Bremerton, LLC) Parcel A, Dochnah/ Binding Sile Plat, according to the plat thereof record~d in · Volume 163 of plats, Pages I and 2, records of King County, Washington. S~ i11 the County of King, State of Wasbington. Tax Pan:cl No. 20505000 I 0 2. (Gran!or. Dr. Kim A. Nicholas) Unit B, Renton Highlands Business Center, a eondoininium, according to the dcclarolion U>ereof. recorded under King County Recording No. 9406160999;,said Unit Is located on Survey Map and Plans flied in Volume 119 of Condominium Plats, al Pages 8 and 9, · in King County. Situate in the County of King, State of Washington. Also known as Parcel No. 722700.0020, located at 4505 Nc4• Stree~ Renton, WA 98059. Tax Parcel No. 7227000020 3. (Grantor: Dr. BaUinder S. Buttar) Unit A, Renton Highlands Business Center, a condominium recorde~ in Volume•l 19 of Condominiums. l'a8'S Saud 9 inclusive, according lo the Declaration theru,f, recorded under King County Recording Nuntbcr 9406160999, and any amendments thereto. Situate in the C.ounty of King, State of Washington. Also known as Pa.eel No. 722700.0010, locoted at 4505 NE 4~ Strcct, Ronto,~ WA 98059. T°' Parcel No. 72270000 l 0 20130$19001063.007 EXHIBITB (Gran1ee: Bremerton Avenue Townhomcs, LLC) Lots 2 and 3 of King County Short plat No. 675015, Recorded under Recording No. 7509050645, Records of King County, Washington. Also known as Parcels Nos. 1523059035 and I 523059193, located at 320 Bremerton Avenue NE. Tax Parcel No. 1523059035 and 1523059193 20130819001063.008 i I I I I ~..--··--··I-.. _ ... :_ Wllllaa A. 11111 ~3613 I, I, l21tb ~ton 1 i1C1hin;tcm 98055 1ubd1v. ~o. 61,01s W ARRAN'IY DEED The crut ___ , __ IM!reirr~h Plppb and Corhn D. P1ppb, hh vUa Wtlllaa 11111 and Vtolat P, 1\la,1 ht• vtCe rm tba con,idor•Uon °'------··--------------------D0l1111 t.11 int.erH\ la the followlnr deacrlbed ro1l .-1t.1tt: l'ttc We.at 22.S fHt of tho fo11owS.ns .S.1c:dbed property: tho I, W, \ of th4 N,W, \ of the H,l!,\ of the 1,11,\ IJl Socttoa 1', t"'""MP 2.l 11orth 1 Jt.&na• S !ut. W.K., in nus County, 'Wu~ligtou, Cofltlluing 0,17 Aere1 mora or le••• R/W 136th A .. , l,l!, 11, ExclsP. Tax Not Rco11lrQd ~ &0111,hcr with ~ha richt to 11,ke all ncceuary 1lop01 for cvt.• and n111 11pon the 1b11\tlnr R'IJPOrb on cad •Id• of 1n1 tOllld whl~h is now, or 111111 bo conatruckttl boroatt.oi' on uld propert)'1 In con(cr11h.y with at.aQdltd pl•n• and lp!ei(ic&U(lnll rOC' 1:ll1h••.Y purp:iae•, arsd to tb1 "'••• ntot and .JKl,JKIH& u It 1i.. rl1hl4 he,...U\ pnltd h•d bct,n al!qairod by condto111n111tlon p,oeetdlnr• u1ulor E1111Mnl 0Pm,dn '•t•tVIH of the Sutt' al Wi11.liln,rtoci. ' I " ; .. , ,·,. ~' ;. :, : .. t• ,·., .,, .. , .::,,. . ., }, . i 1. --· •---••. --------·-----•A••••--- &TATE OF W~OTON ·· } • COUNTY Of m;G . · .;-,,.I. :;. . • -. - On U,e. •• _ •• _,l;l' __ •. :._.&a,:•r····-·,··~, . .",.::J.'.M.ly..,, ___ ,, 11.,7.~oolorw .... & Koluir l'nbllc In ond lor Ill• Blot< ol l}\~;·il(py~ed and ,-,.. ~ -.Ll.!ll.u~..ii.n..!. u',.o.l.d.-~..1u ... f&d ... .i:..1(-4.r.f..d.,.._ •.. B..,.,.,.r.t._to mo "'-1> to 1,o 111o Llw!lndu&L.S dacl1l>ed In ond:ill«.i.uecul<d Ule "11/lln UlSlnllll<III and adalowlodpd to ... 1111,t....iJ.,,<-y..&lil>e<I 11>d oooled II>• ._. .... ~S..t.1.x __ .. __ Jroo and •olunlary acl and deod for ll>o ,,_ and - therein n,cnttored ICCV$iC.OI\ATlON ACICHO'Nl,EpOKl:NT PORM, STATE OF WASHINGTON, couxn or Kn«I, On lhlL ...................... .day or ..•..•.•....•.•..•. ·-··· ·--·········-·····-··-..lxl°" me ]'lrl<>nall7 •ppeared ···-·· ... -.. ~ ...•.••. --·-· .......................................... and _ ........... ·-··-··---·--·---.. .. lo me Jcn<n,n lo be lhe. .. ......•. ....•....... .......... . ....... _ ·-·---··---··----------------·- ol u,, corporallon u,-, exec:uled Ule ror<goln< Jn,trun,en~ and ICJ<nowlq<d uld llllllµn>tnl lo be Uw tree and YCJ:untary act. and deed of a,.Jd corponUon, tor Lhe usea and. Purp:;iaN therein mm .. Uoned. a.nc:1 cm oa.Ul •t.&led \.hat .. . ................ -, .......... .aui.norµ.ed t.o accuk: u1d J.nll.rumcnt &nd that \be IC&l afflx:Ed 1.11 Ult eorpo~ ICII or uh! corporatlon, Given under my hand and ofOclal ICI.I the day and year lui above ••THlcn. ···-··-··· .. -·-··--·-·--·-··--··· .. ,--.. -·-··· ............... . ltvl.-y fll:Oflll bl •"' /or Uwi Ital• "I ..,..."'11,.,n, iRirlMfj"' al,-· ... ----------·------- J 1 I i . ' I i I I I l . I l fi r I . :;j .!I . ~ I i . t 1 i I I I I ~ ~ l ! ~ j ! J ftf Cll~U(O \ ,: Im .U. 31 All B JO DRttTUfi.· Hi 1,.,•jtiU'-" El.ECTIONS ~ ~ 111~ CO, WN ~-~-D£PUTY Ii Fllcq fQr Rec:Qrd ··' FIRST 'AMERICAN RTe9uest Q( lOOO • 2nd A /TLE Sealtla W v,mue .,, '• . ,. .,, ,,:, ,.~;,l~/ngton 98104 '.··,. . w------==----,.--,--~----------~·----- CHICAGO TITLE INS. co~ REF#W l3-Q0Sf;"~6 Retam Addras: Clo JOHl<S MONROE M tTSUN ... OA KOLOUSKOVA PLLC A lTN: Darrell S. Mitsunaga l60l 114~Ave.SE,Suite110 Belle"1le, WA 98004-6969 111111111111111 2013081900106 CHICAGO TITLE EA$ 79. 19 PAGE-fft OF IBB 90/19/2913 13·32 KING CCUNT'I, liA Audilor/Recordcr's lnda.in2 Form Document Title(s\: I AMENDED EASEMENT AGREEMENT Reference Num"""s) of related Documents I 20080104001146 Grantor(s): I. 4M & Bremerton, LLC 2. Nicoolas, Dr. Kim A. 3. Buttar, Or. Baljindcr S. Grantee(s) I. Brcmenon Avenue Townliomes, LLC Legal Description: I Lots 2 and J, King Shon Plat No. 67SOIS, Ree.# 7509050645 /abbreviated\ I X I Additional legal is on pages Assessor's Property Tax Parcel/Account Numberfs\: Exhibits A and B of documcnl IS23059035; 1523059193;20SOSOOOIO; 7227000020: 72270000 JO AMENDED EASEMENT AGREEMENT This AMENDED EASEMENT AGREEMENT (this "AMENDED EASEMENT'') is made this 19th day of June, 2013, between 4111 & Bremerton, LLC, Dr. Kim A. Nicholas, and Dr. Baljinder S. Buttar (collectively referred to as "Grantors" herein), and Bremerton Avlnue Townhomes, LLC (referred to as ''Grantee" herein). RECITALS I A. Grantors are owners of real property legally described on Exhibit A, attached hereto and incorporated by reference herein (''Orantors' Property"). B. Grantee is the owner of the real property legally described on Exhibit B, attached hereto and incorporated by reference herein (''Grantee's Property''). 20130819001063.001 C. In December 2007, an Easement Agreement (the "Easement Agreemeht") was entered between Grantors and J&M Land Development, Inc. to, inter alia, grant, w nt and convey to each other cross easements to direct the flow of storm water over, under, Grantors' Property and Grantee's Property for the benefit of said properties. The A reement, recorded under Kin Coun Recordin No. 20080104001146, is inco I~ I 20130319001063.002 reference herein. Grantee is a successor in interest to J&M Land Development, Inc. wit respect to Grantee's Property. D. The Easement Agreement was binding upon Grantors' Property and G antee's Property, was to run with the land, was binding upon said properties, and benefitted e heirs, successor, and assigns of said properties. E. The Easement Agreement further granted Grantee, inter a/ia, a tempora~ryight of access onto Grantors' Property for construction of re-grading, landscaping, and sto water control and facilities, which access and construction was to be completed by December 31, 2008, which did not occur. I F. Grantors and Grantee wish to re-affirm, adopt, and agree to the tets and conditions of the Easement Agreement as amended herein by this Amended Easement. , i NOW, THEREFORE, for valuable consideration, the adequacy and receipt of which i~ hereby acknowledged Grantors and Grantee re-affirm, adopt, and agree to the terms and conditions of the Easement Agreement and agree to amend the Easement Agreement as reflecte~ in the bold/italic font as follows: j I. Section I of the Easement Agreement is amended as follows: I. Right of Access for Construction. Grantors grant a temporary right access onto Grantors' properties to Grantee for the purpose ofallowing·Grantee t regrade and inslall landscaping and other improvements hereinafter referred to "Construction Work" as described, in part, on the ESM drawing dated August 2 , 2007, attaehed referenced as Exhibit C in the Easement Agreement. The are necessary for the "Construction Work" is referred to as an "Easement Area" an the ~construction Work" shall be constructed so as to direct the flow of sto water over, under and across the Exhibit A or Exhibit B properties to a drainagf pipeline located on adjacent property owned by Schneider Homes I, LLC (th "Schneider Property'') and shall indude, but not be limiled to: a. Regrading , b. Removal of the existing 12" CMP culvert on Granton Propet legally described on Exhibit A. c. Installation of 20 lineal feet of 12" CPEP pipe connecting ti existing storm drainage manhole on Granton' property to the new stor. drainage manhole (#16) on Grantee's Property legally described o Exhibit 8, per tf1e Concept Engineering drawing dateJ/ 7-31-12, entitlep BREMERTON TOWNHOMES STORM DRAINAGE Pl.Alf, DRAWING NO. C7.0, w/1/ch has been provided to Granton and is in1XJrporated by reference herein. I d. Installation of other necessary storm water facilities. ' Page] 2. 3. 4. The Schneider Property Is the subject of an easement recorded u'' er 20080 I 0400 I 145 (the "Schneider Easement"). The parties hereto and ir respective Exhibit A and B properties shall be deemed to benefit from is Easement Agreement. Any money received by Grantee from the sale and ha of trees/lumber from Grantor's Propeny shall be paid to Grantors. I Section 3 of the Easement Agreement is amended as follows: I 3. Elevations and Dimensions. The approximate elevations and dimensions of the Construction Worlc shall, as reflected in the Concept Engineering drawing dated 7-31-12, entitled BREMERTON TOWNHOMES GRADING PLAN, DRAWING NO. C-6.0, wl1icll l1as been provided to Granton and is incorp,mited by reference tl,erein, be: I 3.1 3.2 3.3 3.4 3.5 I Top elevation or proposed grading -408 410 fee plus or mitus above mean sea level. Elevation at edge of parking lot-412 above mean sea level. I Approximate depth of fill at the property line separating Gran~r's and Grantee's Property is plus or minus e 10 feet. The fill area will project 16 feet plus or minus onto Gran r's property. Distance from top of fill to existing parking lot 12 feet plus or mi1us. Section 5 of the Easement Agreement is amended as follows: I 5. Ingress and Egress. Grantee shall complete all the Construction Work'I no later than »eee,,,1,e, 31, :J(J(J8, December 31, 2013, at which time the right of ingress and egress for that purpose shall term in ate. I Section 15 of the Easement Agreement is amended as follows: I ' 15. Notiee. Notice is required to be in writing under this Agreement and srall i,egi,, be as follows or to such other address as any pal1JI may designate to he other parties in writing: GRANTORS: I 4TH & Bremerton LLC Attn: CliffGoodwin 7319 Bowlyn Place South Seattle, WA 981 18 20130819001063.003 Page3 Dr. Kim A. Nicholas 4505 NE 41h St.# B Renton, WA 98509 Dr. Baljinder S. Buttar 4505 NE 4th St. # A Renton, WA 98509 GRANTEE: J&AI hmtl De¥e/8fH11eRI, J11ee :..°Ml 9/fiee Bs,e 1U6 Be/11811, ~4 98{}5' Bremerton Avenue Townhomes, LLC 846 108th Ave NE, Bellevul!!, WA 98004 20130819001063.004 ' 5. Except as otherwise expressly modified by this Amended Easement, altterms and conditions of the Easement Agreement shall remain in full force and effect without dification or change. I 6. This Amended Easement and the Easement Agreement contains the entire agreement between the parties with respect to the subject matter hereof and shall not be odified or amended in any way except in a writing signed by duly authorized representati s of the respective parties or their successors in interest or assigns. 7. This Amended Easement and the Easement Agreement shall be bindin~ upon the respective successors and assigns of the Parties hereto and shall inure to the benefi\ of and be enforceable by the parties hereto and their respective successors and assigns. I IN WITNESS WHEREOF, the parties hereto have caused this Amended Easefent to be executed as orthe date first above written. GRANTORS: 4TH & BREMERTON LLC By· - I GRANTEE: I I BR~M~;J A ~U~WNHOMES, ~LC By~/~1 Charles F. Conner, its Man aging tember Page4 20130819001063.005 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this 1:3 day of A.Ufj):Gf . 2013, before me, the undersigned No~j~ in and for the State of Washington, duw commission and sworn, personally appeared Cliff-•, to me known to be the Manager of 4 T & BREMERTON LLC, who executed the foregoing i~fment and acknowledged to me that the said instrument was signed as his/her free and voluntary act r deed, for the uses and purposes therein mentioned. WITNESS my hand and official seal this~ day of ~t,tbt , 2013. I -~ -l~u,q; i 118.INDA WfBER (Print Name) MJ Appokdmeftl Elplrn Sep 17, 2011 Notary Public, Residing at _ _ _ _ My appointment expires: """¥--'-'w.<>'-""L'f'+- STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Pc Kjm A, NjchoJas is the person w~o appeared before me, and said person acknowledged that he/she signed this instrument and acknowl~ed it to be his/her free and voluntary act for the purposes men~ned in lhe instrument. I SIGNED AND SWORN to before me on this J.li. day of Jt.A, !~ , 2013. I . ' llllllyPalltle Stall at WUllllttln MELINDA WfBER Illy All,oln1ffllot Expirn Sep 17. 201& I ' I ~-~oon-I r (Print Nj' e) No ub IC Residingat ~ !$ . My appointmentexpires ~@!lo I I I Pages 20130319001063.006 STATE OF WASHINGTON ) } ss. COUNTY OF KING ) I cenify that I know or have satisfacto,y evidence that Dr. Baljinder S. Buttar is the person wl,o appeared before me, and said person acknowledged that he/she signed this instrument and acknowle<lged it to be his/her free and volunta,y act for the purposes mert°ned in the instrument. SIGNED AND s~o~_to before me on ~is_1_ day of A~~ud , 2013. - s;:l~1~= &~~ (Print Na e) U, ~n1E1ptm OCI 1. 2011 Nota,y Public ll, ,_ Residing at 451 tJ 6 £it>.bT My appointment expires -"'ll..\.WJ"""----l-- STA TE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this~o-h'aay of rJll,-Oe,.. , 2013, before me, the undersigned Nota,y ~ublic in and for the State of Washington. duly commission and sworn, personally appeared Charles F. C~nner, 10 me known to be the Managing Member of Bremerton Avenue Townhomes, LLC, who executed t" foregoing instrument and acknowledged to me that the said instrument was signed as his/her free and olunta,y act and deed, for the uses and purposes therein mentioned. · WITNESS my hand and official seal this ao-'1;;;.y of <.JML , 2013. I cffl4btzn £, ~ I (Print Name) Nota,y Public, Residing at My appointment expires: ...!.!'4::::l./...,l!::I-e- Page6 EXHIBIT A 1. (Orantor: 4"' & Bremerton, LLC) i Parcel A, Dochnah/ Binding Sitt Plat, according to the plat thereof recorde1 in · Volume 163 ofplals, Pages I and 2, recordsofKingCounry, Wasbingto1L Si;J'.in the County of King, State ofWas~ington. I Tax Parcel No. 20505000!0 2. (Orantor: Dr. Kim A. Nicholas) Unit B, Renton l:lig~lands Business Center, a condominium, according to the declaration thereof, recorded under King County Recording No. 9406160999; aid Unit is located on Survey Map and Plans flied in Volume J 19ofCondominium P Is, a! Pages 8 and 9, in King County. Situate in the County of King, Sta of Washington. Also known as Parcel No. 722700..0020, located at 4505 Ne4"' St Renton, WA 98059. TIil< Parcel No. 7227000020 3. (Gran1<>r: Dr. Baljh1der S. Buttar) Unit A, Renton Highlands Business Center, a condominium recorded in Volume 1[19 of Condominiums. Pages S and 9 inclusive, according to the Declaration therej>f, recorded under King County Recording Number 9406160999, and any amendmerls thereto. Situate In the County of King, State of Washington. Also known as Pffll No. 722700-0010, located 1114505 NE 4'' Street, RentOJ\ WA 98059. I Tax Parcel No. 72270000!0 I I I 20130819001063.007 EXHIBITB (Grantee: Bremerton Avenue Townhomcs, LLC) Lots 2 and 3 of King County Short plat No. 675015, Recorded under Recording No. 7509050645, Records of King County, Washington. Also known us Parcels Nos. 1523059035 and 1523059193, located at 320 Bremerton Avenue NE. Tax Parcel No. 1523059035 and 1523059193 20130819001063.008 RECEIPT EG00018844 BILLING CONTACT Alan Beeker Bremerton Avenue Townhomes LLC 1518 1ST AVES SEATTLE, WA98134 REFERENCE NUMBER FEE NAME LUA 14-000108 PLAN -Final Plat Fee Technology Fee Printed On: 2/10/2014 Prepared By: Vanessa Dolbee TRANSACTION TYPE Fee Payment Fee Payment Transaction Date: January 29, 2014 PAYMENT METHOD Check #554 Check #554 SUB TOTAL TOTAL AMOUNT PAID S1 ,500.00 $45.00 $1,545.00 $1,545.00 Page 1 of 1 . -~, ---,.,.7 -•... r"..,.~'- I l I I ' i ' ___ , I ' i I I I / . " ' / : ' '/' { -"'" .. • ' ' " I (, I I I I • I l I I ~ ~ ~ ~ c::: .. a:i -------_,_, I + -,. -· . -. -J -----·, ~.~. ----··· -..... \· . .. .. t~< . ' ... '.l ' • ' ;i .· I ' ' ' ' ij ,. i t • ' I I l ' I ' 1 i l I I I I I I ' ' ' I . ·. •. i " ,. ' ;\ ... , ,J • ' . / ; ' . ' I •. ' ,· ,, • • ' . , '- ' ; - I -1-.. · 1··· I , ' I \ i I I ,\ ' ·. :t ' _,, .. ;; I Ii .. 1: ' . '' " • -: ' ' ' • I -' I I. ' . I I .. 1' . .. . '' ,, . a.." .·, \ 1,,,--_ ' I . . I r . ' . I • I ' ' ·: / ' . ,·-,-~ ,., ... - \ UTILITY EASEMENT ,. •' . I .-.. , .. .;-.. ' ' -<j -__ : :: -·L ~----... ,J j . ; ' ·, \ ) ·····-'ADJACENT ., . ' ZONE; CA . ,,· , . \:,·,_,,, ·. ' ,· . .. ·,-,/]'(' ·: \ i ' /\; Q ' ' .. !· ADJACENT ZONE: CA ' . 1· ', I i · \ • • • -,,__ i . I '; ·.' : ' .,, i ·-- . I .\ . RECREATION/ COMMON OPEN SPACE PER APPROVED PROJECT #LUA 12-008. CU-A. SA-A! j ' i . _, i f_. ---------· ·:! 1; ' 0 - :.-~ .'-.~~~~-~::_;' \ ALL EXISTING STRUCTURES \\~ BE DEMOLISHED L .. w ADJACENT i · ' i:; ~ I , . c5 : ~ ZONE: CA z .. -, I ,,. I I \1--·4-""'""' .... _____ ,/ • ,• / /. .. ··-..... - ., .. ----. . ' _ ..... ,. ',.! N88"09'3S"W 133.83' IC) ADJACENT ,20NE: R-8(RESlOENTIAL) ' ------. ' . : '_·' SITE PLAN 133.82 l~P) : / I ' I Ornamenta tree 1 f-----... ' .. ·------·-·----··------. "' ·-· -------------·--------.. ------·-·"·---·-r· = 20·-o· ~ -1""" I ; I .. -.,1,._ ., .. , ' ' .. ' ALL AREAS PROVIDED ARE MEASURED TO THE OUTSIDE FACE OF EXTERIOR WALL. ADJACENT ZONE:CA I . ,... ..-··--· ·---..I • ., ' • ' ' ----· --~ --- e· X e· GARBAGE AND RECYCLING AREA -· -~ -··· FOR TRIPLEX BLDGS MEETING REQUIREMENTS . PER CODE 4-4-090 C. WITH FENCING 6' HIGH LOT13 .: ... -: .. . ·---'. '. -·, ·;'-'' " -""'·" -_,_ '.,' . . BREMERTON AVENUE TOWNHOMES ·--------------·---- PROJECT ADDRESS , I 330 BREMERTON AVE. NE RENTON. WA I ZONE, . I ~CA~(~CO.MERCIAL ARTERIAL). DISTRICT DURBAN DESIGN GUIDELINES LEGAL DESCRIPTION, ' LOTS 2 AND 3. KING COUNTY SHORT PLAT NO. 675015. ' RECORDED UNDER RECORDING NO. 7509050645. IN KING COUNTY. WASHINGTON. TOTAL SITE AREi>, 1.84 ACRES. ALL SITEWORK AND FINISHED FLOOR ELEVATIONS PER APPROVED PROJECT# LUA 12-00S. CU-A.SA-A EASEMENT BOUNDARIES SHOWN FOR REFERENCE. SEE APPROYEO PROJECT #LUA12-008. CU-A. SA-A FOR FULL DESCRIPTIONS rR9£'.9.SA~1 . . , .:) 1 .-g,&,!,!N[,RESl!J El'[TIAL SITE DEVELOPMENT INCLUDING 20 TOWN-AOl'!ss (DUPLEXES) ANO 6 ROW ,HOUSES (TRIPLEXES). . . [ PARKING GARAGES WITH~IN UNITS WITH ADDITIONAL ON STREET PARKING. I PARKING RE~~!REMENTS: ·' ' .' •. '. . . · .• · . . . .· . . I RESIDENTIAL R~IRED, ·1.1s STALL/UNIT (x26 UNITS)= 45.5 STALLS i C • , • I RESIDENTIAL PROVIDED , 2 STALL/UNIT Ix 26 UNITSi = 52 STALLS , LARGESTALL, ' 9'x20' · .. . COMPACISTALL, 8;5x16' GUEST PROVIDEJ!l, 2 STANDARD STALLS TOTALPARKING i 54 STALLS TOTAL . TRASH/RECYCLIJ~G. .. ' DUPLEX BLO'GS , ARE EXEMPT PER4·4-090 B TRIPLEXBLD'GS \ AREAS SHOWN ONSrrE PLAN ' I [ SYM~Q~ -~-~ ' I I I (C) (SC) ;_•_ i "' PROPERTY LINE ~ ;; -,~: . EASEMENT BOUNDARY ' \ ... : ' <., r-: i: l PAVING SIDEWALKS PAVING DRIVEWAYS CALCULATED KING COUN1Y SHORT PLAT 675015 '-, ·-..7 ._;-:: TOPO PROPOSED ' BUILDING ID LOT# ··1 UNIT TYPE -------, \ \ I UNIT AD _DRESS -i ff. . ' Lcirll \ ' ' FF ELEVATION GROUND FL. t ,; \ I ' ' 300 l. BLDGF 300 . (FF.411) .I • -+-' A LOT12 BUILDING KEY __. ' ,' . ' ,_.,. _____ . • ~ ---' /· l ----------~~----·-·-·----· .... ···------------------------------1 . . . ~,-,. -.--.. _.-\: I ' • .i I -~--_-.' CJ) UJ ~ 0 :::c: z ~ 0 1- UJ ~ w z z 0 .. ·, ---'-_·:· .· ... <\'" .. iJj ." Ii: UJ ~ UJ > c:::: cc SUBMITTAl. I REVISION ::::, ~~ <C 0 z g! 0 Ii: <C w 3: 2: . wz 0::: 0 m 1- o Z Pl ~ BUILDING PERMIT APPLICATION: OWN£R APPROVAL BY . '-.:,' • • 0 0.. "' 15 0 "' 3 C: "" U) • © i ()) 2:' tO ·12 o:; ru "' 2 · t;t;l (..') {'-t') (l!: o, ~ <( '.> :s a, = -ttl © (./) • u Q 0 ,.,, C) ;-t;.: 05 ' ,. • •D ::, C: J 'O ,_ t") ir, 0 ,.,., N ~) ·-..c V) ~ DATE 0925.2013 BREMERTON AVENUE TOWNHOMES. LLC DATE 07.10.12 SfA ... 2013.088 AAINCIPAL IN awtGE" RAD!M BLAZE I, LEED AP --A.M .. A.I .. D.M . -R.B. DRAWN A.M .. A.I .. D.M. SHEETTIII.E SITE PLAN SHE£T Mno!BER Al.00