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HomeMy WebLinkAboutLUA17-000068_Report 1I Denis law Mayor Community & Economic Development C. E. "Chip" Vincent, Administrator February 17, 2017 Robert M Fitzmaurice Weston Heights, LLC 15 Lake Bellevue Dr. Suite 102 Bellevue, WA 98005 Subject: Notice of Complete Application Weston Heights LUA17-000068, FP Dear Mr. Fitzmaurice: 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. Prior to that 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: Weston Heights, LLC Party{ies) of Record 1055 South Grady Way, Renton, WA 98057, rentonwa.gov l"'nm. r-orm t"e:sei rorm ;:>(:Ive rurm DEPARTMENT OF COM MU ___ . 'f AND ECONOMIC DEVELOPMENT ,·f··· 1 , ··n1 7 :-__ :::5 1± /U I Renton® Planning Division LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: NAME: Weston Heights, LLC Weston Heights PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: ADDRESS 15 Lake Bellevue Dr. Suite 102 650 & 684 Nile Ave NE CITY: Bellevue ZIP: 98005 Renton, WA 98059 TELEPHONE NUMBER: (425) 869-1300 KING COUNTY ASSESSOR'S ACCOUNT NUMBER($): 1123059095 & 1123059010 APPLICANT (if other than owner) NAME: EXISTING LAND USE(S): Single Family Residential PROPOSED LAND USE(S): COMPANY (if applicable): Single Family Residential EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: Residential Lowe Density PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: ZIP: (if applicable) N/A EXISTING ZONING: TELEPHONE NUMBER: R-4 CONTACT PERSON PROPOSED ZONING (if applicable): Small Lot Cluster usino R-* Standards NAME: Robert M Fitzmaurice SITE AREA (in square feet): 197,974 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): Weston Heights, LLC DEDICATED: 12,391 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: 15 Lake Bellevue Dr. Suite 102 11,020 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Bellevue ZIP: 98005 ACRE (if applicable) 3.64 TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) (425) 894-4533 12 NUMBER OF NEW DWELLING UNITS (if applicable): 1 H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Master Application.doc Rev: 08/2015 Pn.vJECT INFORMATION (conti,.Jed) r-'----'-------'---'--'=-==-=--==L_----------~ NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: 1 1,250,000 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): Approx 35 ,QQQ IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): Q SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): Q SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): Q NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): 2570 SF to be removed D AQUIFIER PROTECTION AREA ONE D AQUIFIER PROTECTION AREA TWO D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION D SHORELINE STREAMS & LAKES sq. ft. sq. ft. sq. ft. sq. ft. NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): D WETLANDS 31,049 sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on seoarate sheet with the followina information included\ SITUATE IN THE SW QUARTER OF SECTION 1 1 , TOWNSHIP 23 , RANGE 5 , IN THE CITY ------ OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Jeffrey E Hamilton , declare under penalty of perjury undM laws of the State of Washington that I am (please check one) LJ the current owner of the property involved in this application or · the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information he "1 respects true and correct to the best of my knowledge and belief. ' COUNTY OF KING ---- Notary Public State or wasn1ngton KARIN MILLER My Appointment Expires Aug 23, 2017 I for the State of Washington ¥?lv"1n {V\\ \\ec Notary (Print): My appointment expires: AY.9 tJ._ 3 I LO I ] 2 H :\CED\Data \Forms-Templates\Self-H elp Handouts \Plan ni ng\Master Application .doc Rev: 08/2015 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT -------Renton® • WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS Planning Division 1055 South Grady Way-Renton, WA 9805 7 Phone: 425-430-7200 I www.rentonwa.gov LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED BY: MODIFIED BY: COMMENTS: Deed of Right-of-Way Dedication 1 Drainage Control Plan 2 Elevations, Architectural ,.,.0 , Existing Covenants (Recorded Copy) •••o• Grading Elevations & Plan, Detailed 2 Improvement Deferral 2 : f _ ' PROJECT NAME: __ l"'_,J,>.:;....;;;2.._· -.... / ®"-'-· ....... C'!!::'-=""' J,..10..=5;;_ _______ _ DATE: a-./-:)__(:~ ---'----'--'-------------- 1 H : \CE D\Data \Fe rms-T emplates\Self-Help Handouts\Planni ng\ Waive rsu bm lttal reqs.d ocx Rev:08/2015 LAND USE PERMIT SUBMITIAl REQUIREMENTS: WAIVED MODIFIED COMMENTS: BY: BY: Kinlllouirt'(~/i~sc'.lr)s'M~~ fn~lcatlng $~e~ . • J} •t········· • ••• • • •• • • •• •• .· .• !•• .. . f :: .. d '""; .. -·"-... ~ .... , .. •-"-"···-., .. -. ~-•,,,,, ... ., .... "'' Landscape Plan, Conceptual• tanc1sca11lP1a11;.oei~1~![~\ tt, •·• ·•·· ······ , ' , x• . ;J:t· . ... .. • •• i . . • . . .. i' .•. . .. . . ·. Legal Description 4 Letter of Underst~nding ofGeologlcal Risk.•C • ··. . ; · .. . . .. Map of Existing Site Conditions, Master Application Form', .• .. . .· .· •· • 'I"· ..... : . .. :· . Monument Cards (one per monument) 1 :f\lelghborhood petail Map~ . >·· . ), ; ; . •• : . . Overall Plat Plan 4 ">. :; .. ' "'·< ,_;,," ---'°".i··-·-' ,),'C,.''·"·:_,.,"""'''''-' "" : ... ·· .. ... . ?: i t Parking, Lot Ci;,verage !!, Landsc:aplng Analysis, ..... / .. .. · . . . . . Plan Reductions (PMTs) 4 Post Office Approval , • .. ··. . : •• • . Plat Name Reservation 4 J>iatfllan , .. • • . · .. · . . .. . .. Preapplication Meeting Summary 4 Public Works Approval Letter, • ... •• . . . Rehabilitation Plan 4 Screening Detail., ... . .•. .. .. . • •••• .. ....•.. ,, ... •.: I ..• ,. . :-r- Shoreline Tracking Worksheet 4 ~.~e Pla11 ,AND, . . : . . .. • .i .. .····· .· ; .· .... •••• .\if .. ff ' ; _. ; • Stream or Lake Study, Standard 4 Stream .or Lake Study, Supplemental 4 .. · .. . •• ·.· . ·. . . Stream or Lake Mitigation Plan 4 \ J,/. Street Profiles 2 . . • Title Report or Plat Certificate , ••o, Topography Map, . . Traffic Study , Tf!!e Cutting/Land Clearing Plan 4 . ·. Urban Design Regulations Analysis, Utilities Plan, Generalized 2 .. Wetlands Mitigation Plan, Final 4 ' 'C'-i-._ .) ,· ·- • Wetland~ Mitigation Plan, Preliminary 4 2 H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Waiversubmittalreqs.docx Rev: 08/2015 LAND USE PERMIT SUBMITIAL REQUIREMENTS: Wetlands Repor:t/Delineatior\ 4 ' Wireless: Applicant Agreement Statement"""' Inventory of Existing Sites 2ANo, Lease Agreement, Draft >ANo, Map of Existing Site Conditions, ANo, Map of View Area 2ANOa Photosimulations , AND, This Requirement may be waived by: 1. Property Services 2 Development Engineering Plan Review 3 Building 4 Planning ' . ., WAIVED MODIFIED . BY: BY: 3 H:\CEO\Oata\Forms-Templates\Self-Help Handouts\Planning\ Waiversubmittalreqs.docx COMMENTS: • .. . Rev:08/2015 Robert Fitzmaurice From: Sent: To: Cc: Subject: Hello Robert and Craig, Ian Fitz-James <!Fitz-James@Rentonwa.gov> Friday, December 16, 2016 3:43 PM Robert Fitzmaurice; Craig Sears Jan Illian; Jill Ding Weston Heights Final Plat Submittal I am following up on your question regarding final plat submittal for your projects. Current City code states that required improvements be substantially complete prior to submittal for final plat. I spoke with each inspector today and it was determined that only Weston Heights is substantially complete. I will be sure to let you know when the other projects are deemed substantially complete. I will also be sure to let you know when/ if our code changes regarding the final plat submittal process. I will follow up with a letter next week regarding other project close out items including the bill of sale, maintenance bond, and as-builts. Please contact Jan Illian, who is copied on this email, to schedule a pre-screen meeting to discuss final plat submittal requirements for this project. Please let me know if you have any questions. Thanks, Ian Fitz-James Civil Engineer II Department of Community and Economic Development City of Renton I 1055 South Grady Way, 6th Floor I Renton, WA 98057 Direct: 425-430-7288 I Main: 425-430-7200 I Fax: 425-430-7300 E-Mail: IFitz-James@rentonwa.gov Website: www.rentonwa.gov --------Renton 0 1 l 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 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Weston Heights Preliminary Plat Preliminary Plat LUA14-000958 ) ) ) FINAL DECISION ) ) ) ) ) _______________ ) SUMMARY The applicant requests preliminary plat approval for a 12-lot residential subdivision. The preliminary plat application is approved subject to conditions. The proposal also includes a requested waiver of RMC 4-6-060(H)(2), which requires a cul-de-sac private roads exceeding 300 feet in length and an 11.5 foot reduction to the 83 feet right of way width required for Nile Avenue by RMC 4-6-060(F)(2). This decision only addresses the right of way reduction request. There is insufficient information to address the cul-de-sac request because the record does not identify what type of deviation (variance 1, modification or waiver) is requested and also does not provide sufficient information to determine whether the applicable criteria (whatever they may be) are satisfied. It is also important to note that the project summary, used to provide public notice of the project and to provide an overview of the most important aspects of the proposal, fails to identify that a street modification and cul-de-sac deviation decision are 1 The staff report notes that a "variance" is requested, which would suggest that the applicant is requesting a variance governed by RMC 4-9-250(B)(5). However the "variance" term is often used more generically in staff reports and staff have also historically applied the modification criteria of RMC 4-9-250(D)(2) for cul-de-sac deviations. Further, RMC 4-9-250(B) provides for an exclusive list of development standards subject to the RMC 4-9-250(B)(5) variance criteria and cul-de-sac requirements are not included. For these reasons, it appears in fact that the applicant is not requesting a RMC 4-9-250(B)(5) variance and it is entirely unclear whether the request is for a RMC 4-9- 250(D)(2) modification or a RMC 4-9-250(C) waiver. PRELIMINARY PLAT-I 1 2 3 4 5 6 7 8 9 10 11 12 13 consolidated into the requested hearing examiner review. The first and most important piece of information that should be presented to both the public and the hearing examiner is what decisions are subject to review. The deviation requests in this decision are hidden amongst the staff analysis of other permitting criteria and even after a careful reading of the staff report it is still unclear which deviation process staff believes is applicable to the cul-de-sac requirement. The conditions of approval will make approval of the proposal contingent upon administrative approval of the cul-de- sac deviation request. The Nile Street modification request is approved by this decision. TESTIMONY Jill Ding, Renton planner, summarized the staff report. She noted that Exhibits 3-7 originally attached to the staff report have been revised to reflect revisions to design of the preliminary plat. The main difference in design is that the number of lots has been reduced from 14 to 12. The new design also eliminates the wetland buffering that was in the original proposal. In response to questions from the examiner, Vanessa Dolby, planning manager, noted that the stormwater facility would be surrounded by perimeter landscaping that would be of at least a six foot height. Steve Lee, public works, also noted that a four foot high berm would also separate the stormwater tract from adjoining uses. EXHIBITS 14 Exhibits 1-21 listed on page 2 of the November 18, 2014 Staff Report, in addition to the Staff Report 15 16 itself (Ex. 1 ), were admitted into evidence during the public hea.ri.ng. FINDINGS OF FACT 1 7 Procedural: I. Applicant. Prospect Development LLC. 18 2. Hearing. The Examiner held a hearing on the subject application on November 18, 2014 in 19 the City of Renton Council City Chambers. 20 21 3. Project Description. The proposed preliminary plat involves the subdivision of an existing 197,974 square foot (4.54 acre) project site into 12 lots for the future construction of single family residences and three tracts (Tracts A, B, and C). The proposed plat would be located on the east side 22 of Nile Avenue NE between NE 6th Street and NE 7th Place at 650 and 684 Nile Avenue NE. The applicant has proposed to cluster Lots 1-9, which are located on the western portion of the project site. The proposed lots would range in size from 4,510 square feet to 11,718 square feet. An existing 31,048 square foot Cateorgy 2 wetland is centrally located within the project site. The project sites fronts on Nile Avenue, which is classified as a neighborhood collector arteriaI2 and has no frontage 23 24 25 26 2 Page 11 of the staff report classifies Nile Avenue as a "Collector'' and page 3 characterizes it as a "minor arterial". The eogineering review of the requested modification to Nile Avenue, Ex. 19, references the right of way width PRELIMINARY PLAT-2 1 2 3 improvements. Access to Lots 1-9 would be provided via a new public street off of Nile Avenue NE, which terminates in a hammerhead turnaround. Access to Lots 10-12 would be provided via a new 26-foot wide private dead end street over an abutting lot to the north, which connects to NE 7th Place. The private street would terminate in a hammerhead turnaround. As identified in the introduction to this decision, the applicant has also requested a modification request to right of way 4 width standards to Nile Avenue and a deviation request to a cul-de-sac requirement. As further identified in the introduction, only the right of way modification will be addressed by this decision. More detail on the two deviation requests is provided in Finding of Fact No. 4(E) below. 5 6 7 8 Lots 1-9 on the western portion of the project site are proposed as small lot cluster development and are designed to comply with the R-8 zone development standards as authorized by RMC 4-2-1 !0(A). The proposed Open Space Tract B totals 71,616 square feet, which is 36 percent of the gross site area (71,616 square feet/ 197,974 square feet= 36 percent). Tract A, Tract, B, and a 10-foot landscaped 9 visual barrier along the north boundary of Lots 10-12 and along the south boundary of Lots 7-9 are proposed to provide a visual buffer of the small lot cluster development from the surrounding R-4 development pattern. Lots 10-12 are proposed as R-4 development and would comply with the R-4 development standards. IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. Adequacy of Infrastructure/Public Services. As conditioned, the project will be served by adequate/appropriate infrastructure and public services as follows: A. Water and Sewer Service. Water service will be provided by Water District No. 90 and a water availability certificate has been provided. Sewer service will be provided by the City of Renton. B. Police and Fire Protection. Police and fire service would be provided by the City of Renton. Police and fire staff have determined that sufficient resources exist to serve the proposed development, subject to requirement that the applicant install required fire improvements and pay required fire impact fees. C. Drainage. The applicant submitted a drainage plan and drainage report dated August 28, 2014, Ex. 4. Staff have determined that the report demonstrates compliance with 2009 King County Surface Water Manual and additional requirements, based on specific site conditions, as required by the Department of Community and Economic Development. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Conditions. This means that off-site flow volumes and rates may not be higher than predevelopment levels. The applicant will also contribute its fair share of City drainage system costs through payment of a surface water system development fee of $1,228.00. 25 required for the road as 83 feet. The 83 foot requirement of RMC 4-6-060(F)(2) only applies to neighborhood collector arterials in residential areas. Consequently, as best can be discerned from the record, Nile Avenue is 26 classified as a neighborhood collector arterial. PRELIMINARY PLAT -3 I 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 Basic water quality will be provided using a wet pond to be located on the east side of the site (R-4 zone) and wet vault proposed on the west side of the site where the applicant is using small lot clustering. Appropriate individual lot flow control BMPs proposed are basic dispersion to help mitigate the new runoff created by this development. A geotechnical report (Exhibit 11 ), dated July 3, 2104 was submitted by Geo Group Northwest Inc. The report identifies the soils as Ground Moraine soils which is glacial till. The report states that the soils will allow for some infiltration and that the infiltration rate is low but, if infiltration were proposed that an overflow would need to be provided to an off-site storm water system. The City's Environmental Review Committee imposed a mitigation measure requiring compliance with all recommendations made in the geotech report including the need to over excavate past loose fill and placing of compacted structural fill. D. Parks/Open Space. City ordinances require the payment of park impact fees prior to building permit issuance. RMC 4°2-115, which governs open space requirements for residential development, does not have any specific requirements for open space for residential development in the R-4 district. The impact fees provide for adequate parks and open space. E. Streets. The proposal provides for adequate/appropriate streets. Public works staff have determined that no off-site improvements are necessary and that the proposed street improvements meet City standards. Staff issued a determination of concurrency dated November 6, 2014. See Ex. 8. The proposal will generate 84 trips per day. Since the proposal will not generate more than 20 peak hour trips, no traffic study was required. All lots have access to public roads, although some of the lots make this connection via private roads. Access to proposed Lots 1-9 would be provided via a new public road (Road A), which would terminate in a private hammerhead turnaround (Road B) required for emergency access. Access to Lots 10-12 would be provided via a private street (Road C), which incorporates a hammerhead turnaround for emergency access. Private Road C exceeds 300 feet in length and per RMC 4-6-060H.2 requires a 90-foot diameter cul-de- sac turnaround, which is not provided. The applicant will have to acquire an administrative deviation to RMC 4-6-060(H)(2) as a condition of approval. The driveway width standards for the proposed lots will be verified at the time of building and construction permit review. The hammerhead turnaround (Road B) located at the terminus of Road A does not meet the City's standards for Residential Access Streets and must therefore be a private street. Private streets are required to be located within a 26- foot wide tract with 20 feet of paving for emergency access. Private Road B is currently not delineated on the preliminary plat map (Exhibit 3 ). Therefore, a condition of approval requires that the preliminary plat layout be revised to located the hammerhead turnaround (Road B) within a 26-foot wide tract and be paved with 20 feet of paving. PRELIMINARY PLAT -4 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 Existing right-of-way width in Nile Avenue NE fronting the site is approximately 60 feet. Nile Avenue NE is classified as a Collector, with 2 existing lanes would require a right of way width of 83 ft . by RMC 4-6-060(F)(2). However, the Transportation Department's Nile Avenue Corridor Plan provides for a reduced right of way width. To meet this plan, the required improveinent standards are as follows: 22 ft. wide pavement from the centerline of the road, an 8-foot planting strip behind the 0.5 ft. curb and gutter, a 5-foot sidewalk, for a half street right of way dedication of approximately 35.5 ft. The applicant submitted an application to the City requesting a waiver from the requirement to dedicate additional right-of-way along Nile Avenue NE in accordance with RMC 4-9-250C5d. The waiver is approved by this decision as outlined in Conclusion of Law No. 31 below. Staff have also recommended other conditions for frontage improvements, which are imposed by this decision in order to assure conformity to City street standards. F. Parking. Sufficient area exists, on each lot, to accommodate the two required parking spaces per lot required by RMC 4-4-080("F)(l O)(d). G. Schools. Adequate/appropriate provision is made for schools. The staff report notes that it is anticipated that the Issaquah School District can accommodate additional students generated by this proposal at the following schools: Apollo Elementary, Maywood Middle School and Liberty High School. These schools are not within walking distance of the proposed development. Transportation would be required. The stop for Apollo Elementary School is located approximately 0.07 miles to the south of the project site at 615 Nile Avenue NE. Students would cross Nile Avenue NE and walk to the south along the shoulder to 615 Nile Avenue NE. The stop for Maywood Middle and Liberty High School is located approximately 0.09 miles to the south of the project site at NE 6th Street & Nile Avenue NE. The proposed project includes the installation of frontage improvements along the Nile Avenue NE frontage, including sidewalks. Students would walk a short distance along Nile Avenue NE to the south of the project site along the road shoulder to the bus stop. However, there appears to be adequate area along the road shoulder to provide for safe walking conditions (Exhibit 18). A School Impact Fee, based on new single-family lot, will be required in order to mitigate the proposal's potential impacts to the Renton School District. The fee is payable to the City as specified by the Renton Municipal Code. Currently the 2014 fee is assessed at $5,730.00 per single family residence, the 2015 fee is $4,560 per single family residence. A School Impact Fee, based on new single family lots, will also be required in order to mitigate the proposal's potential impacts to the Renton School District. The fee is payable to the City as specified by the Renton Municipal Code. Currently the fee is assessed at $5,455.00 per single family residence. PRELIMINARY PLAT -5 1 2 3 4 5 5. Adverse Impacts. There are no adverse impacts associated with the proposal as conditioned. Adequate public facilities and drainage control are provided as determined in Finding of Fact No. 4. The proposal involves single-family housing at a density 4.45 dwelling units per acre, which is allowed for the R-4 zoning district. This is a legislatively set standard of what is considered a compatible density for the area. Consequently, there are no issues of compatibility with surrounding development based on density. The only comment letter on the application expressed concern over the aesthetic impacts over having a stormwater facility located next to a single-family residence. As testified by staff, the 6 facility will be obscured from sight by a four foot berm and six foot high landscaping. These sight obscuring features should adequately mitigate against the aesthetic impacts of the stormwater facility. The clustering proposed for part of the subdivision also creates an aesthetic issue due to the higher proposed density. However, as outlined in the project summary, Finding of Fact No. 3, Tracts A and B as well as a ten foot landscaping buffer provide buffering that adequately mitigates aesthetic impacts to surrounding properties. 7 8 9 The only critical area on site is a wetland. A 31,048 square foot Category 2 wetland is JO centrally located within the project site. The wetland and its required 50-foot buffer are located within proposed Tract B. The wetland and buffer area are proposed to be located within an Open Space/Critical Area tract and per RMC 4-3-050E.4 would require fencing and signage. The City's 11 Environmental Review Committee (ERC) imposed a SEPA mitigation measure that requires the 12 sewer connection from the east side (Lots 10, 11 & 12) to be made to the west side via a trenchless construction method to be approved by the City that shall be butt-fusion welded HOPE pipe. There shall be no construction trenches located in the wetland or wetland buffer. The manholes used to 13 14 make the connection for this pipe shall reside within the proposed paved areas. Therefore, provided the above mentioned construction methods are followed, it is anticipated that there would be no adverse impacts to the wetland or buffer area. A condition of approval is imposed by this decision that requires a fencing and signage detail be submitted at the time of Utility Construction Permit review for review and approval by the Current Planning Project Manager. 15 16 17 18 The proposal also retains for adequate tree retention as set by City standards. The site is currently vegetated with a total of 25 significant trees, lawn, and landscaping associated with the existing single family residences. Of the existing 25 significant trees 1 would be located in the 19 proposed public roadway, 10 would be located within the proposed private street, and 5 are located within the onsite wetland and/or associated buffer resulting in a total of 9 trees that have been identified as protected trees. Of the 9 protected trees 30 percent or 3 trees are required to be retained and/or replaced on the project site. The applicant's tree retention calculations state that they are proposing to retain 3 trees, however the tree retention plan (Exhibit 6) appears to only propose to 20 21 22 retain 2 trees. One tree proposed for retention would be within the rear yard of Lot 6 and the other would be located on the southeast corner of Private Road C. There are two additional trees to the north of the tree to be retained on Private Road C that should be retained unless an arborist 23 determines that these trees are hazard trees, which require removal. The retention of these additional 24 trees would bring the total number of retained trees onsite to 4 trees, which would comply with the City ofRenton's Tree Retention requirements. A condition of approval requires that the applicant be 25 required to provide a final tree retention/replacement plan which includes the retention of two 26 PRELIMINARY PLAT -6 1 2 3 additional trees on the southeast comer of Private Road C, or an arborist report classifying these trees as hazard trees which need to be removed. Conclusions of Law I. Authority. RMC 4-7-020(C) and 4-7-050(0)(5) provide that the Hearing Examiner shall hold 4 a hearing and issue a final decision on preliminary plat applications. RMC 4-8-080(G) classifies preliminary plat applications as Type III applications. RMC 4-8-0SO(G) classifies development 5 standard modifications as Type I applications. RMC 4-8-080(C)(2) requires consolidated permits to 6 each be processed under "the highest-number procedure", which in this case is Type III review, involving a review and a final decision issued by the hearing examiner. 7 2. Zoning/Comprehensive Plan Designations. The developed portion of the property is zoned 8 R-4. The comprehensive plan designations is Residential Low Density (RLD). 9 3. Review Criteria. Chapter 4-7 RMC governs the criteria for subdivision review. Applicable 10 standards are quoted below in italics and applied through corresponding conclusions of!aw. RMC 4-7-080(8): A subdivision shall be consistent with the following principles of acceptability: I. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code. 11 12 2. Access: Establish access to a public road for each segregated parcel. 13 3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied because of flood, inundation, or wetland conditions. Construction ofprotective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. 14 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water 15 supplies and sanitary wastes. J 6 4. As to compliance with the Zoning Code, Conclusion 1(2) of the staff report is adopted by reference as if set forth in full. As determined in Finding of Fact No. 4(E), each lot has access to a 17 public road. As determined in Finding of Fact No. 4 and 5, the project is adequately designed to 18 prevent any impacts to critical areas. No flooding problems are anticipated because as determined in Finding of Fact No. 4 the proposal is served by adequate/appropriate stormwater facilities and the 19 project is not located in a floodplain. As determined in Finding of Fact No. 4, the proposal provides for adequate public facilities. 20 5. RMC 4-7-080(1)(1): ... The Hearing Examiner shall assure conformance with the general 21 purposes of the Comprehensive Plan and adopted standards ... 22 6. The proposed preliminary play is consistent with the Renton Comprehensive Plan as outlined 23 in Conclusion I(l) of the staff report, which is incorporated by this reference as if set forth in full. RMC 4-7-120(A): No plan for the replatting, subdivision, or dedication of any areas shall be 24 approved by the Hearing Examiner unless the streets shown therein are connected by surfaced road or street (according to City specifications) to an existing street or highway. 25 26 7. All of the internal roads of the proposed subdivision eventually connect to public roads. PRELIMINARY PLAT-7 1 2 3 4 5 6 RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the City. 8. The City's adopted street plans are not addressed in the staff report or anywhere else in the administrative record, except for the Nile Avenue Corridor Plan. The requested street modification approved by this decision will be bring the frontage improvements required of the proposal into conformance with that plan. There do not appear to be any other street plans that would apply to the proposal. RMC 4-7-120(C): If a subdivision is located in the area of an officially designed [sic] trail, 7 provisions shall be made for reservation of the right-of-way or for easements to the City for trail purposes. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 9. The subdivision is not located in the area of an officially designated trail. RMC 4-7-130(C): A plat, short plat, subdivision or dedication shall be prepared in conformance with the following provisions: 1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes land with features likely to be harmful to the safety and general health of the future residents (such as lands adversely affected by flooding, steep slopes, or rock formations). Land which the Department or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless adequate safeguards are provided against these adverse conditions. a. Flooding/Inundation: 1f any portion of the land within the boundary of a preliminary plat is subject to flooding or inundation, that portion of the subdivision must have the approval of the State according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider such subdivision. b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation of a lot or lots that primarily have slopes forty percent (40%) or greater as measured per RMC 4-3- 050JJ a, without adequate area at lesser slopes upon which development may occur, shall not be approved. 3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Retention and Land Clearing Regulations. 4. Streams: a. Preservation: Every reasonable effort shall be made to preserve existing streams, bodies of water, and wetland areas. b. Method: 1f a stream passes through any of the subject property, a plan shall be presented which indicates how the stream will be preserved. The methodologies used should include an overflow area, and an attempt to minimize the disturbance of the natural channel and stream bed. c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when going under streets. d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris and pollutants. PRELIMINARY PLAT-8 l 2 3 4 5 6 7 8 9 I 0. The criterion is met. The land is suitable for subdivision as the stormwater design assures that it will not contribute to flooding and that water quality will not be adversely affected. Development will not encroach into critical areas except as authorized by the City's critical area regulations. No piping or tunneling of streams is proposed. Trees will be retained as required by RMC 4-4-130 as determined in Finding of Fact No. 5. The on-site wetland will be protected by the critical area ordinance compliant buffer that applies to it. The City's stormwater regulations provide for adequate protection of water quality for the on-site wetlands. RMC 4-7-140: Approval of all subdivisions located in either single family residential or multi- family residential zones ,as defined in the Zoning Code shall be contingent upon the subdivider 's dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the adverse effects of development upon the existing park and recreation service levels. The requirements and procedures for this mitigation shall be per the City of Renton Parks Mitigation Resolution. 10 11. City ordinances require the payment of park impact fees prior to building pennit issuance. 11 RMC 4-7-ISO(A): The proposed street system shall extend and create connections between existing 12 streets unless otherwise approved by the Public Works Department. Prior to approving a street system that does not extend or connect, the Reviewing Official shall find that such exception shall 13 meet the requirements of subsection E3 of this Section. The roadway classifications shall be as defined and designated by the Department. 14 12. There is no opportunity to connect existing streets at the location of the project site. 15 16 RMC 4-7-ISO(B): All proposed street names shall be approved by the City. As conditioned. 17 13. 18 RMC 4-7-lSO(C): Streets intersecting with existing or proposed public highways, major or secondary arterials shall be held to a minimum. 19 20 21 22 23 24 25 26 14. The proposal does involve the addition of an intersection to Nile A venue, which is classified as a neighborhood collector arterial. This intersection is unavoidable, as the wetlands in the middle of the proposal prevent access to any other public roads for the lots located on the south side of the wetlands. RMC 4-7-lSO(D): The alignment of all streets shall be reviewed and approved by the Public Works Department. The street standards set by RMC 4-6-060 shall apply unless otherwise approved. Street alignment offeets of less than one hundred twenty five feet (125 ') are not desirable, but may be approved by the Department upon a showing of need but only after provision of all necessary safety measures. PRELIMINARY PLAT-9 1 2 15. As determined in Finding of Fact 4, the Public Works Department has reviewed and approved the adequacy of streets, which includes compliance with applicable street standards. 3 RMC 4-7-lSO(E): I. Grid: A grid street pattern shall be used to connect existing and new development and shall be the 4 predominant street pattern in any subdivision permitted by this Section. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2. Linkages: Linkages, including streets, sidewalks, pedestrian or bike paths, shall be provided within and between neighborhoods when they can create a continuous and interconnected network of roads and pathways. Implementation of this requirement shall comply with Comprehensive Plan Transportation Element Objective T-A and Policies T-9 through T-16 and Community Design Element, Objective CD-Mand Policies CD-50 and CD-60. 3. Exceptions: a. The grid pattern may be adjusted to a "flexible grid" by reducing the number of linkages or the alignment between roads, where the following factors are present on site: i. Infeasible due to topographical/environmental constraints; and/or ii. Substantial improvements are existing. 4. Connections: Prior to adoption of a complete grid street plan, reasonable connections that link existing portions of the grid system shall be made. At a minimum, stub streets shall be required within subdivisions to allow fature connectivity. 5. Alley Access: Alley access is the preferred street pattern except for properties in the Residential Low Density land use designation. The Residential Low Density land use designation includes the RC, R-1, and R-4 zones. Prior to approval of a plat without alley access, the Reviewing Official shall evaluate an alley layout and determine that the use of alley(s) is not feasible ... 6. Alternative Configurations: Offeet or loop roads are the preferred alternative configurations. 7. Cul-de-Sac Streets: Cul-de-sac streets may only be permitted by the Reviewing Official where due 21 to demonstrable physical constraints no fature connection to a larger street pattern is physically 22 possible. 23 24 25 26 16. The proposed and required connections are the maximum given the wetlands and existing development. The property is located in the RLD designation so alley access is not encouraged. There is insufficient space for offset or loop roads. Cul-de-sacs (hammerheads in this case) are necessary due to the wetlands that entirely cross the middle of the project site. PRELIMINARY PLAT -10 I RMC 4-7-lSO(F): All adjacent rights-of way and new rights-of way dedicated as part of the plat, including streets, roads, and alleys, shall be graded to their fall width and the pavement and 2 sidewalks shall be constructed as specified in the street standards or deferred by the 3 Planning/Building/Public Works Administrator or his/her designee. 4 17. As proposed. 5 RMC 4-7-lSO(G): Streets that may be extended in the event of future adjacent platting shall be 6 required to be dedicated to the plat boundary line. Extensions of greater depth than an average lot shall be improved with temporary turnarounds. Dedication of a fall-width boundary street shall be 7 required in certain instances to facilitate fature development. 8 9 18. There are no streets that could be extended in the event of future adjacent platting under the approved subdivision design. Io RMC 4-7-170(A): Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. 11 12 13 19. As depicted in Ex. 3, the side lines are in conformance with the requirement quoted above. RMC 4-7-170(B): Each lot must have access to a public street or road. Access may be by private access easement street per the requirements of the street standards. 14 20. As previously determined, each Jot has access to a public street. 15 RMC 4-7-170(C): The size, shape, and orientation of lots shall meet the minimum area and width 16 requirements of the applicable zoning classification and shall be appropriate for the type of development and use contemplated. Further subdivision of lots within a plat approved through the 17 provisions of this Chapter must be consistent with the then-current applicable maximum density requirement as measured within the plat as a whole. 18 19 21. As previously detennined, the proposed lots comply with the zoning standards of the R-4 zone, which includes area, width and density. 20 21 22 23 RMC 4-7-170(0): Width between side lot lines at their foremost points (i.e., the points where the side lot lines intersect with the street right-of way line) shall not be less than eighty percent (80%) of the required lot width except in the cases of (I) pipestem lots, which shall have a minimum width of twenty feet (20') and (2) lots on a street curve or the turning circle of cul-de-sac (radial lots), which shall be a minimum of thirty five feet (35?. 24 22. As shown in Ex. 3, the requirement is satisfied. 25 RMC 4-7-170(E): All lot corners at intersections of dedicated public rights-of way, except alleys, 26 shall have minimum radius of fz.fteen feet (15'). PRELIMINARY PLAT -11 As conditioned. I 23. 2 RMC 4-7-190(A): Due regard shall be shown to all natural features such as large trees, watercourses, and similar community assets. Such natural features should be preserved, thereby adding attractiveness and value to the property. 3 4 5 6 7 8 9 24. The on-site wetland is set-aside from the developed portion of the subdivision in Tract B. The criteria above is met. RMC 4-7-200(A): Unless septic tanks are specifically approved by the Public Works Department and the King County Health Department, sanitary sewers shall be provided by the developer at no cost to the City and designed in accordance with City standards. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. 10 25. As conditioned. 11 RMC 4-7-200(8): An adequate drainage system shall be provided for the proper drainage of all surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of 12 sufficient length to permit full-width roadway and required slopes. The drainage system shall be 13 designed per the requirements of RMC 4-6-030, Drainage (Surface Water) Standards. The drainage system shall include detention capacity for the new street areas. Residential plats shall also include 14 detention capacity for fature development of the lots. Water quality features shall also be designed to provide capacity for the new street paving for the plat. 15 16 17 18 26. The proposal provides for adequate drainage that is in conformance with applicable City drainage standards as determined in Finding of Fact No. 4. The City's stormwater standards, which are incorporated into the technical information report and will be further implemented during civil plan review, ensure compliance with all of the standards in the criterion quoted above. 19 RMC 4-7-200(C): The water distribution system including the locations of fire hydrants shall be designed and installed in accordance with City standards as defined by the Department and Fire 20 Department requirements. 21 27. Compliance will be assured during civil plan review prior to final plat approval. 22 23 RMC 4-7-200(D): All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all 24 service connections, as approved by the Department. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department. 25 26 PRELIMINARY PLAT-12 1 28. As conditioned. 2 3 4 5 RMC 4-7-200(E): Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by subdivider as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The subdivider 6 shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the subdivider and shall inspect the conduit and certify to the City that it is properly installed. 7 As conditioned. 8 29. 9 RMC 4-7-210: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A. MONUMENTS: Concrete permanent control monuments shall be established at each and every controlling corner of the subdivision. Interior monuments shall be located as determined by the Department. All surveys shall be per the City of Renton surveying standards. B. SURVEY: All other lot corners shall be marked per the City surveying standards. C. STREET SIGNS: The subdivider shall install all street name signs necessary in the subdivision. 30. As conditioned. Street Modification RMC 4-9-250(0)(2): Whenever there are practical difficulties involved in carrying out the provisions of this Title, the Department Administrator may grant modifications for individual cases provided he/she shall first find that a specific reason makes the strict letter of this Code impractical, that the intent and purpose of the governing land use designation of the Comprehensive Plan is met and that the modification is in conformity with the intent and purpose of this Code, and that such modification: a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives; PRELIMINARY PLAT-13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment; c. Will not be i,ifurious to other property(ies) in the vicinity; d. Conforms to the intent and purpose of the Code; e. Can be shown to be justified and required for the use and situation intended; and f Will not create adverse impacts to other property(ies) in the vicinity. 31. As identified in Finding of Fact No. 3 and 4( E), the applicant requests a modification to RMC 4-6-060(F)(2) in order to reduce the required right of way of Nile Ave from 83 feet to 71.5 feet. Since existing right of way is only 60 feet for Nile Avenue and the Nile Avenue Corridor plan only necessitates 71.5 feet, it is fairly clear that the proposed reduction is consistent with both existing and future built out conditions. Given that the proposed reduction is consistent with the Nile A venue Corridor plan, absent more, it must be determined that the proposal is consistent with the other street modification criteria as well. DECISION 15 The proposed preliminary plat and street modification to the right of way width of Nile Avenue are approved, subject to the following conditions: 16 17 18 19 20 21 22 23 24 25 26 1. The applicant shall comply with mitigation measures issued as part of the Mitigated Determination of Non-Significance for the proposal. 2. All proposed street names shall be approved by the City. 3. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet ( 15'). 4. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. 5. All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department of Public Works. 6. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each Jot. Conduit for service connections shall be laid to each lot line by Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or PRELIMINARYPLAT-14 I 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 alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The applicant shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the applicant and shall inspect the conduit and certify to the City that it is properly installed. 7. The applicant shall install all street name signs necessary in the subdivision prior to final plat approval. 8. The applicant shall obtain a demolition permit and all required inspections for the removal of the existing single family residences and detached accessory structures prior to Final Plat recording. 9. A revised detailed landscape plan that complies with RMC 4-8-120 shall be submitted at the time of Utility Construction Permit for review by the Current Planning Project Manager. The revised landscape plan shall provide a IO-foot landscaped visual barrier within a IO-foot wide easement along the northern portion of Lots 1-3 and along the southern portion of Lots 7-9, shall include the required 15 feet of landscaping outside of the required fencing around the full perimeter of th<! stormwater pond in Tract C, and shall include two trees within the front yard areas of Lots 7 and 8. The landscaping around the stormwater pond (Tract C), over the stormwater vault (Tract A), and in the public street shall be installed prior to recording of the final plat, the IO-foot landscaped visual barrier and the front yard trees shall be installed prior to Certificate of Occupancy for the new homes. 10. The applicant shall be required to provide a final tree retention/replacement plan which includes the retention of one tree within the rear yard of proposed Lot 6 and three trees on the southeast corner of Private Road C, or an arborist report classifying these trees as hazard trees which need to be removed. The final tree retention/replacement plan shall be submitted at the time of Utility Construction Permit review for review and approval by the Current Planning Project Manager. 11. The preliminary plat layout shall be revised to locate the hammerhead turnaround at the terminus of Road B to be private and placed within a 26-foot wide tract and be paved with 20 feet of paving. This revision shall be shown on the Construction Permit application for review and approval by the Plan Reviewer and the Fire Department. The tract shall be identified on the final plat map prior to recording. 12. Access for Lots 6-8 shall be required to be provided off of the proposed shared driveway across the north portion of Lot 7. A note to this effect shall be recorded on the face of the plat prior to recording. 13. Approval of the proposed street design is contingent upon the applicant acquiring administrative approval of a deviation request to RMC 4-6-060(H)(2) for authorization of the proposed hammerhead turnaround at the end of Road C. Approval shall be acquired prior to any construction activity at the project site. The proposed hammerhead turnaround shall comply with all applicable City development standards except to the extent approved by a deviation request. PRELIMINARY PLAT-15 l 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 14. The widths of Lots 2-5 shall be revised to provide a minimum width of 35 feet along the street frontage. A revised plat map shall be submitted at the time of Utility Construction Permit application for review and approval by the Current Planning Project Manager. 15. Cross Section B-B on the Preliminary Grading and Utility Plan shall be revised to provide a minimum of a 26-foot wide easement, with a 20-foot pavement width. No sidewalks are required and the pavement thickness shall be a minimum of 4-inches ofHMA over 6-inches of crushed surfacing and top course. The revised cross section details shall be submitted at the time of Utility Construction Permit review for review and approval by the City's Plan Reviewer. 16. Cross Section A-A on the Preliminary Grading and Utility Plan be revised to provide 53 ft. of right of way, 20 ft of pavement, 6 ft. parking on one side, curb and gutter on both sides with 8 ft. planting strip and 5 ft. sidewalks on both sides. The revised cross section details shall be submitted at the time of Utility Construction Permit review for review and approval by the City's Plan Reviewer. 17. A street lighting plan shall be submitted at the time of construction permit review for review and approval by the City's Plan Reviewer. 18. The applicant shall be required to create a homeowner' s association of maintenance agreement for the shared utilities, common landscaping, and maintenance and responsibilities for all shared improvements of this development. A draft of the document(s) shall be submitted to Current Planning Project Manager for the review and approval by the City Attorney and Property Services section prior to the recording of the final plat. 19. A copy of the required access easement over the neighboring property to the north for Private Road C shall be submitted at the time of Utility Construction Permit approval. 20. Any proposal to convert the Storrnwater vault within Tract A to a Storrnwater detention pond shall be considered a Major Plat Amendment subject to the requirements outlined under RMC 4-7-080M.2. 21. Fencing and signage is required along the boundary of the Wetland buffer. A fencing and signage detail shall be submitted at the time of Utility Construction Permit review for review and approval by the Current Planning Project Manager. DATED this 3rd day of December, 2014. -· C. ,/.<._ l'hif:i. Olhrcchts •· • - City of Renton Hearing Examiner PRELIMINARY PLAT-16 1 Appeal Right and Valuation Notices 2 RMC 4-8-080 provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-110(E)(14) 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. 3 4 A request for reconsideration to the hearing examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-l 10(E)(13) and RMC 4-8-100(0)(9). 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 - 6 7'h floor, (425) 430-6510. 5 7 Affected property owners may request a change m valuation for property tax purposes 8 notwithstanding any program ofrevaluation. 9 JO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PRELIMINARY PLAT-17 •. '. ,J., I, KIM WYMAN, Secretary of State of the State of Washington and custodian ofils seal, hereby issue this CERTIFICATE OI? FORMATION to WESTON HEIGHTS, LLC a/an WA Limited Liability Company. Charter documents are effective on the date indicated below. Date: 1/21/2015 UBI Number: 603-469-493 on Given under my hnnd and the Sen! of the State of \Vashington at Olympia. lbc State c~1piral ;{;;;; r- Kl11l Wy111an. SecrL'l<try of Stntc i -------=--J>}}~J i . .-:::==·~:::=:,::-····-·-:::-.... -... -.. ::...-__ -... =---=·-·=·--=-=-=-=.::c·=--~~--~ CERTIFICATE OF FORMATION ARTICLE I NAMJi The name of this Limited Liability Company is Weston Heights, LLC. ARTICL.EII REGISTERED OFFICE AND AGENT ,MN? I 2U/!i The addl'ess of the rngistered office and the name and address for the registered agent for service of p!'ocess required to be maintained by this Limited Liability Company is: Jeffrey E. Hamilton, 15 Lake Bellevue Drive, Suite 102, Bellevue, WA 98005. ARTICLE Ill Pf ,ACE OF BUSINESS The address ofthe principal place of business of this Limited Liability Company is 15 Lake Bellevue Drive, Suite 102, Bellevue, WA 98005. ARTICLE IV DURATION This Limited Liability Company has no specific date of dissolution, unless otherwise agreed upon unanimously by the managers. ARTICL.E V MANAGEMENT The management of this Limited Liability Compa11y is vested in a manager or managers as provided in the Company's Operating Agreement. ARTICLE VI POWERS This Limited Liability Company has the powet': 6.1 To engage in the business of investing i11 real estate and other investments. 6.2 To engage in any business, trade or activity which may be lawfully conducted by al ,imited Liability Company organized under the Washington Limited Liability Company Act; and 6.3 To engage in all such activities as are incidental or conducive to the attainment of the purposes of this Limited Liability Company, or any of them, and to exercise any and all powers authorized or permitted to be done by a Limited Liability Company under any laws that may be now or hereafter applicable or available to this Limited Liability Company. The foregoing clauses of this Atticle VI shall each be construed as purposes and powers, and the matters expressed in each clause shall be in no way limited or restricted by reference to or inference from the terms of any other clauses, but shall be regardod as independent purposes and powers: and nothing contained in these clauses shall be deemed in any way to limit or exclude any power, right, or privilege given to this Limited Liability Company. The undersigned is the person fanning this Limited Liability Company. DATED: _ ____:.; L-r,J1,,.,..-1<'. '{ :~l .,)(~' / 5· _ .. , ~#" /// ,,-~1 ,,,,. / / . -·-·· ~ r--. :A / < , ; ./ ci~'°'.~i ~ ~-; / ~-. ~-,"--. -- Capacity: Address: Person Forming this Limited Liability Company 15 Lake Bellevue Drive, Suite 102 Bellevue, WA 98005 CONSENT TO SERVE AS llEGISTERRD AGENT I, JEFFREY E. HAMILTON, hereby consent to serve as Registered Agent, in the State of Washington, for Weston Heights, LLC, a Washington Limited Liability Company. I understand that as agent for the Company, it will be my respo,~~ibilily to receive service of process in the name of the Company, to forward all mail to the Company, and to immediately notify the office of the Secretary of State in the event of my resignation, or of any changes in the registered office address of the Company for which I am agent. Dated this ;;~ / :f'T-day o(~<-J,t,vl(i\. . .t_'(. _ 2015. PHONE: 425-869-2020 PARCEL A: EXHIBIT "A" Legal Description LOT A OF KING COUNTY SHORT PLAT NO. 175040, RECORDED UNDER RECORDING NUMBER 7503280518, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 100 FEET OF THE WEST 267.96 FEET THEREOF. PARCEL B: THE NORTH 100 FEET OF THE WEST 267.96 FEET OF LOT A OF KING COUNTY SHORT PLAT NO. 175040, RECORDED UNDER RECORDING NUMBER 7503280518, IN KING COUNTY, WASHINGTON. PARCELS A AND B BEING TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, ACCESS, UTILITIES AND LANDSCAPING RECORDED UNDER RECORDING NUMBER 20170206000071, IN KING COUNTY, WASHINGTON. Subdivision Guarantee/Certificate Page 3 Printed: 02.10.17@09:14AM W A-CT-FN SE-02150.6224 76-SPS-1-17-0084 778-06 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT EXHIBIT 14 ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE -MITIGATED (DNS-M) PROJECT NUMBER: APPLICANT: PROJECT NAME: LUA14-000958, ECF, PP Justin Holland Weston Heights Preliminary Plat U 1 21! I 1 PROJECT DESCRIPTION: The applicant is requesting Preliminary Plat approval and Environmental (SEPA) Review for the subdivision of an existing 197,974 square foot (454 acre) project site into 12 lots for the future construction of single family residences and three tracts (Tracts A, B, and C). The project site is located within the Residential· 4 dwelling unit per acre (R-4) zoning designation and the Residential Low Density (RLD) Comprehensive Plan Land Use designation. The applicant has proposed to cluster Lots 1-9, which are located on the western portion of the project site. The proposed lots would range in size from 4,510 square feet to 11,718 square feet. An existing 31,048 square foot Category 2 wetland is centrally located within the project site, no impacts are proposed to the wetland or buffer area. Access to Lots 1-9 would be provided via a new public street off of Nile Avenue NE, which_ terminates in a hammerhead turnaround. Access to Lots 10-12 would be provided via a new 26-foot wide private dead end street over an abutting lot to the north, which connects to NE 7th Place. The private street would terminate in a hammerhead turnaround. PROJECT LOCATION: LEAD AGENCY: 650/684 Nile Avenue NE City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on October 24, 2014. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, (425) 430-6510. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PUBLICATION DATE: DATE OF DECISION: SIGNATURES: ~--\, __ ___, Terry Higashiyama, Administrator Community Services Department October 10, 2014 OCTOBER 6, 2014 1,../ f J ul -----I-'/ ~~ ~ Peterson, ministra or Date Date Fire & Emergency Services C z: \( ,~ _S?} C.E. "Chip" Vincent, Administrator Department of Community & Economic Development • DEPARTMENT OF COIVII\IIUNITY AND ECONOMIC DEVELOPMENT EXHIBIT 15 DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES PROJECT NUMBER: APPLICANT: PROJECT NAME: LUA14-000958, ECF, PP Justin Holland, Prospect Development Weston Heights PROJECT DESCRIPTION: The applicant is requesting Preliminary Plat approval and Environmental (SEPA) Review for the subdivision of an existing 197,974 square foot (4.54 acre) project site into 12 lots for the future construction of single family residences and three tracts (Tracts A, B, and C). The project site is located within the Residential -4 dwelling unit per acre (R-4) zoning designation and the Residential Low Density (RLD) Comprehensive Plan Land Use designation. The applicant has proposed to cluster Lots 1-9, which are located on the western portion of the project site. The proposed lots would range in size from 4,510 square feet to 11,718 square feet. An existing 31,048 square foot Category 2 wetland is centrally located within the project site, no impacts are proposed to the wetland or buffer area. Access to Lots 1- 9 would be provided via a new public street off of Nile Avenue NE, which terminates in a hammerhead turnaround. Access to Lots 10-12 would be provided via a new 26-foot wide private dead end street over an abutting lot to the north, which connects to NE 7th Place. The private street would terminate in a hammerhead turnaround. PROJECT LOCATION: LEAD AGENCY: MITIGATION MEASURES: 650/684 Nile Ave NE The City of Renton Department of Community & Economic Development Planning Division 1. Project construction shall be required to comply with the recommendations found in the Geotechnical Engineering Study prepared by Geo Group Northwest, Inc. (dated July 3, 2014) including the need to over excavate past loose fill and the placing of compacted structural fill. 2. The sewer connection from the east side (Lots 10, 11 & 12) shall be made to the west side via a trenchless construction method to be approved by the City and shall be butt- fusion welded HDPE pipe. There shall be no construction trenches located in the wetland or wetland buffer. The manholes used to make the connection for this pipe shall reside within the proposed paved areas. ADIVISORY NOTES; Community Services Review Leslie Betlach Ph: 425-430-6619 email: LBetlach@rentonwa.gov Recommendations: A. Parks Impact fee per Ordinance 5670 applies ' 4 B. There are no impacts to parks Street trees -on Nile use Eastern Redbud On other streets-do not use redbud or Amur Maple-use only large maturing trees (e.g. Redmond Linden @ 50' on-center Lot 1 tree -street tree could affect placement of a stop sign Do not plant trees closer than: 30 ft. -street lights 40 ft. -stop signs 10 ft. -driveway approach 6 ft. -fire hydrant, house service water shut-off/line 40 ft. -to intersections All trees shall be specimen grade, 2' caliper, single stem with one terminal leader. ERC Mitigation Measure Created On: 09/08/2014 1. Project ccnstruction shall comply with the recommendations provided in the submitted Geotechnical Engineering Study, prepared by Geo Group Northwest, Inc. dated July 3, 2014. 2. The sewer connection from the east side (Lots 10, 11 & 12) shall be made to the west side via a trenchless construction method to be approved by the City and shall be butt-fusion welded HOPE pipe. There shall be no construction trenches located in the wetland or wetland buffer. The manholes used to make the connection for this pipe shall reside within the proposed paved areas. Fire Review -Building Corey Thomas Ph: 425-430-7024 email: cthomas@rentonwa.gov Recommendations: Environmental Impact Comments: 1. The fire impact fees are applicable at the rate of $479.28 per single family unit. This fee is paid at time of building permit issuance. Credit will be granted for the removal of the one existing home. Code Related Comments: 1. The fire flow requirement for a single family home is 1,000 gpm minimum for dwellings up to 3,600 square feet (including garage and basements). If the dwelling exceeds 3,600 square feet, a minimum of 1,500 gpm fire flow would be required. A minimum of one fire hydrant is required within 300-feet of the proposed buildings and two hydrants if the fire flow goes up to 1,500 gpm. There is one existing fire hydrants within 300 feet of some of the proposed buildings but not all. A water availability certificate is required from King County Water District 90. 2. Fire department apparatus access roadways are required to be a minimum of 20-feet wide fully paved, with 25-feet inside and 45-feet outside turning radius. Fire access roadways shall be constructed to support a 30-ton vehicle with 322-psi point loading. Roadways exceeding 150-feet require and approved turnaround. Roadway A and B appear to meet city street standards and fire department access requirements. Roadway C exceeds 300-feet long and by city code requires a 90-foot diameter cul-de-sac, which is not provided. Applicant has requested a variance to instead install a hammerhead type turnaround. The Renton Fire Department would support the approval of this variance with the condition that the three homes accessed by Roadway C, Lots 10, 11 and 12 are all fully equipped with an approved automatic fire sprinkler system. Police Review Cyndie Parks Ph: 425-430-7521 email: cparks@rentonwa.gov Reccmmendations: Minimal impact on police services. The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. ERC Mitigation Measures and Advisory Notes Page 2 of2 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT -----__.,,,..,.Ken ton ADDENDUM TO ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE (DNS-M) -MITIGATED Pursuant to WAC 197-11-600(4)(c) and WAC 197-11-625 CfC[i J .j /{) i/ Addendum to the Weston Heights Preliminary Plat as Addended by the City of Renton (LUA14-000958) Determination of Non-Significance -Mitigated (DNS-M) Date of Addendum: Date of Original Issuance of SEPA Threshold Determination: May 16, 2016 October 6, 2014 Proponent: Project Numbers: Project Names: Location: Lead Agency: Review Process: Jay Anderson, Site Development Associates LUA14-000958, ECF, PP, MOD Weston Heights Preliminary Plat 650 & 684 Nile Avenue NE, Renton, WA 98059 City of Renton, Department of Community & Economic Development Addendum to previously issued Determination of Non-Significance - Mitigated (DNS-M) Proposal/ Purpose of Addendum: The original SEPA threshold determination for the Weston Heights Preliminary Plat was issued on October 6, 2014. The original application included a proposal for a 12-lot subdivision over a 4.54-acre site. The project site is located within the Residential Low Density land use designation and the Residential-4 zoning designation. The applicant proposed small lot cluster development to utilize the R-8 development standards in exchange for the dedication of 30 percent of the site as open space. In addition to the lots, three (3) tracts are proposed for sensitive areas/open space, storm drainage, and private streets. The original SEPA determination included a mitigation measure requiring a trenchless sewere connection through the wetland for the lots on the east side of the plat (Lots 10, 11, & 12) to ensure a gravity sewer connection could be made. The current proposal raises the elevation of the east side (Lots 10, 11 & 12, including Tract C) allowing the installation of a functioning gravity sewer connection from the east side to the main running along NE 7th Place, which Addendum to Environmental (,crA) Review Page 2 of 4 May 16, 2016 would remove completely remove the sewer from the wetland. Raising the east lots is not a direct result of attempting to avoid the trench less sewer system to the west lots. In order to provide a functioning drainage design, the east lots, including Tract Cat the southern end, needed to be elevated. The grading plan showing the elevation of the Lots 10, 11, & 12 was reviewed and approved as part of the preliminary plat approval, however the elevation of the lots was not evaluated at that time for also accommodating a gravity sewer system to NE 7'" Place. After further design and review it was determined that the proposed elevations of Lots 10, 11, & 12 would also accommodate a functioning gravity sewer connection to the main running along NE 7th Place. This alternative method for providing sewer to Lots 10, 11, & 12 would make Mitigation Measure #2 no longer applicable to the project. The City's Environmental Review Committee issued a Determination of Non-Significance - Mitigated (DNS-M) for the Weston Heights Preliminary Plat. The DNS-M included two mitigation measures. A 14-day appeal period commenced on October 10, 2014 and ended on October 24, 2014. Original Mitigation Measures: 1. Project construction shall be required to comply with the recommendations found in the Geotechnicol Engineering Study prepared by Geo Group Northwest, Inc. (dated July 3, 2014} including the need to over excavate past loose fill and the placing of compacted structural fill. 2. The sewer connection from the east side (Lots 10, 11 & 12} shall be made to the west side via a trenchless construction method to be approved by the City and shall be butt-fusion welded HOPE pipe. There shall be no construction trenches located in the wetland or wetland buffer. The manholes used to make the connection for this pipe shall reside within the proposed paved areas. Analysis: It has been determined that the environmental impacts ofthe proposal were adequately addressed under the analysis of significant impacts contained within the previously adopted DNS-M. Based on WAC 197-11-600(4)(c), the addendum process may be used if analysis or information is added that does not substantially change the analysis of significant impacts and alternatives in the existing environmental document. The proposed revision to the sewer location outside of the wetland and therefore remove mitigation measure #2 would not change the analysis or impacts in the State Environmental Policy Act {SEPA) Review. The City of Renton is hereby issuing a SEPA Addendum pursuant to WAC 197-11-500. This Addendum is appropriate because it contains only minor information not included in the original Determination and there are no additional environmental impacts related to inclusion of the new information. DECISION: The City of Renton is hereby issuing a SEPA Addendum pursuant to WAC 197-11- 600 to remove mitigation measure #2, which states: The sewer connection from the east side (Lots 10, 11 & 12) shall be made to the west side via a trenchless construction method to be Addendum to Environmental'""' A) Review Page 3 of 4 May 16, 2016 approved by the City and shall be butt-fusion welded HOPE pipe. There shall be no construction trenches located in the wetland or wetland buffer. The manholes used to make the connection for this pipe shall reside within the proposed paved areas. Additional Information: If you would like additional information, please contact Jill Ding, Senior Planner, City of Renton Planning Division, Department of Community & Economic Development at (425) 430-6598. There is no comment period for this Addendum, dated May 16, 2016 issued by the City of Renton Environmental Review Committee. Addendum to Environmental (>tPA) Review Page 4 of 4 May 16, 2016 ENVIRONMENTAL REVIEW COMMITTEE SIGNATURES: ,. ( i' \ I , " , ' I /,;,,,1-1 "' t1 r'/ /1 ~ LC~ , +Lijle• • /":"7,l;f·(r f,-b--ft,• 1--i Gregg Z1mmrr an, ACll'nm1strator Public Works epa..{n;ent /vMA·;t,fi.:f1u,_Lf2 Ke1rr;~~ Administrator Community Services Department "* (;''!!J -------~-: Mar Peterson, , minis rator Fire & Emergency Services Department - C.E. "Chip" Vincent, Administrator Department of Community & Economic Development ,>lie )Jr Date 5/1u./1tt f Date SD.A May 02, 2016 City of Renton, Department of Community & Economic Development Environmental Review Committee ATTN: Jill Ding, Senior Planner 1055 S Grady Way Renton, WA 98057 Weston Heights -Environmental (SEPA) Threshold Determination Request for Addendum to Mitigation Measure #2 SDA PROJECT NUMBER 349-004-14 Dear Jill: This formal correspondence requests an addendum to the Determination of Non-Significance-Mitigated (DNSM) Mitigation Measures and Advisory Notes prepared by the City of Renton, Department of Community and Economic Development, on October 9, 2014, for the Weston Heights project. Specifically, the addendum would revise Mitigation Measure #2: The sewer connection from the east side (Lots 10, 11 & 12) shall be made to the west side via a trench/ess construction method to be approved by the City and shall be butt-fusion welded HOPE pipe. There shall be no construction trenches located in the wetland or wetland buffer. The manholes used to make the connection for this pipe shall reside within the proposed paved areas. The requested addendum would provide language allowing for a gravity sewer connection from the east side (Lots 10, 11 & 12) to the main running along NE 7th Place. Brief History The intent of Mitigation Measure #2 was two-fold. Originally, grinder pumps were required to tie the east lot side sewers into the sewer main running along NE 7th Place, to the north, due to existing elevations. Grinder pumps are not allowed per City code. The other feasible option involved connecting the east side sewer to the proposed sewer servicing the west side (Lots 1 through 9). This connection involved open-cut trenches, disturbing the centrally location wetland. Therefore, the City required the connection be made via trenchless construction. Proposed Alternative The current proposal raises the elevation of the east side (Lots 10, 11 & 12, including Tract C) allowing the installation of a functioning gravity sewer connection from the east side to the main running along NE 7th Place. Raising the east lots is not a direct result of attempting to avoid the trenchless sewer system to the west lots. In order to provide a functioning drainage design, the east lots, including Tract C at the southern end, needed to be elevated. Once the east lots were raised, a functioning gravity sewer connection to the main running along NE 7"' Place was attainable. SDA 1724 W. Morine View Drive: Su:te l 40 Everett. WA 98201 P 425.486.6533 F: 425.486.6593 Justification The requested addendum to Mitigation Measure #2 allows for a gravity sewer system for the east side (Lots 10, 11 & 12). This option wholly removes the potential for any impacts to the centrally located wetland. The gravity sewer connection to the main in NE 7"' Place mitigates the risk involved with the trenchless connection to the west side beneath the wetland. In addition, any future maintenance will be performed within an easement along paved Private Road 'C', rather than possibly resulting in impacts to the wetland. Please find the attached sewer plan, Plan Sheet C5.0, as well as the attached sewer profile, Plan Sheet C5.1, for your review. Please consider this request for addendum to Mitigation Measure #2. Sincerely, SDA / / \, Jay Anderson EIT Attachments (2): Attachment 1 -Plan Sheet C5.0 Attachment 2 -Plan Sheet C5.1 SDA l 724 W. Morine View Drive. su,te · 40 Everett. WA 9820 P· 425.486.6533 F: 425486.6593 SDA ATTACHMENT #1 1724 W, Marine View Drive: su·te 140 Everett. WA 9820' P: 425486.6533 r: 425.486.6593 J ' ' " n u, 0 -. SEWER PLAN & NOTES ' t r ' i .- PASCO AVE NE ·f 'n ., • ' .I ' I J NiLE ... ,VE N.f' ' i ' if ..• ; ;j f SDA ATTACHMENT #2 1724 W. Marine View Drive: Suite '40 Everett, WA 9820' P: 425.486 6533 F: 425.486 6593 C') U1 ..... .. :0 0 :!l 'r m .. ,, 0 :!l '' r m .. " ~ m ,, ~ 0 .. ' i ' ' ' 8 ! WESTON HEIGHTS SEWER PROFILES 1.,,--"'" .$]1;J;t:.( ,., ; " ' 0 ) :n r ,m z ;~ I '~ m z m .. ,, 0 :!] .... m " 0 > 0 i ' > ' ! ,,.,.., ¥--,.'I-~ i.n; 14! l'~-'"ml','""-"'~ ' :,,; ',c~~ ~., .. ~., a.{t~-~ ~,,r..,e, .. ''""''A"'°''"-··"''"'_.-~ ~I ~I '"'I ... , "' " N ~ ;.< ,, " !" ~ !" :,; "' DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT -------Renton® DENSITY WORKSHEET Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 I www.rentonwa.gov 1. Gross area of property 197,974 ------ 2. Deductions: Certain areas are excluded from density calculations. 3. 4. 5. 6. These include: Public Streets* Private access easements• Critical Areas•• Total excluded area: 12,391 11,020 31,049 Subtract line 2 (total excluded area) from line 1 for net area Divide line 3 by 43,560 for net acreage Number of dwelling units or lots planned Divide line 5 by line 4 for net density *Alleys (public or private) do not have to be excluded. square feet square feet square feet 54,460 143,514 3.2946 12 3.6423 square feet square feet square feet acres units/lots = 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. 1 H :\CED\Data \Forms-T emplates\Self-Help Handouts\Planning\density .doc Rev: 08/2015 Memorandum To: Final Plat Reviewer "tfi 1 4 )01? From: Robert M Fitzmaurice PLS Date: 01-23-2017 Re: Weston Heights Final Plat-Compliance with SEPA and Hearing Examiner's Conditions Below is a response demonstrating of how this project is in compliance with the following: 1) Environmental (SEPA) Determination of Non-Significance -Mitigated (DNS-M) 10/06/2014 2) Addendum to Environmental (SEPA) Determination of Non-Significance -Mitigated (DNS-M) 05/16/2016 3) Hearing Examiners Final Decision 12/03/2014 The responses are listed after each Item in Bold Italics. Environmental (SEPA) Determination of Non-Significance -Mitigated (DNS-M) 10/06/2014 Mitigation Measures: 1) Project construction shall be required to comply with the recommendations found in the Geotechnical Engineering Study prepared by Geo Group Northwest, Inc. (dated July 3, 2014) including the need to over excavate past loose fill and the placing of compacted structural fill. The Project construction complied with these criteria; construction was supervised by a licensed professional geotechnical engineer and approved by City inspectors. 2) The sewer connection from the east side {Lots lQll& 12) shall be made to the west side via a trenchless construction method to be approved by the City and shall be butt-fusion welded HDPE pipe. There shall be no construction trenches located in the wetland or wetland buffer. The manholes used to make the connection for this pipe shall reside within the proposed paved areas. This measure was modified by the Addendum ta Environmental {SEPA) Determination of Non-Significance -Mitigated {DNS-M) 05/16/2016 3) Addendum to Environmental (SEPA} Determination of Non-Significance -Mitigated (DNS-M} 05/16/2016 Decision: 1) The City of Renton is hereby issuing a SEPA Addendum pursuant to WAC 197-11-600 to remove mitigation measure #2, which states: The sewer connection from the east side (Lots JO, ll& 12) shall be made to the west side via a trenchless construction method to be approved by the City and shall be butt-fusion welded HOPE pipe. There shall be no construction trenches located in the wetland or wetland buffer. The manholes used to make the connection for this pipe shall reside within the proposed paved areas. There were no construction trenches located in the wetland or wetland buffer. The manholes used to make the connection for this pipe shall reside within the proposed paved areas Page 1 of S Hearing Examiner for the City of Renton -Final Decision 12/03/2014 1) The Applicant shall comply with mitigation measures issued as part of the Mitigation Determination of Non- Significance for the proposal. This project complied with the MDNS-M as described above. 2) All proposed street names shall be approved by the City. 3) All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15'). All lot comers at intersections of dedicated public rights-of-way have 15' radii 4) Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. Side sewer lines were installed eight feet (8') into each lot 5) All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department of Public Works. All utilities designed ta serve the subdivision were placed underground. Utilities installed in the parking strip were placed in such a manner and depth to permit the planting af trees. Those utilities located beneath paved surfaces were installed as approved by the Department of Public Works. The installation was completed and approved prior to the application of the surface material. Easements are provided for the maintenance and operation of utilities as specified by the Department of Public Works 6) Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The applicant shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the applicant and shall inspect he conduit and certify to the City that it is properly installed. All cable 1V conduits were undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections were laid to each lot line. The cost of trenching, conduit, pedestals and/or vaults and laterals as well os easements therefore required to bring service to the development was by the developer and/or land owner. 7) The applicant shall install all street name signs necessary in the subdivision prior to final plat approval The City has provided the Street Names and associated addresses for all Lots in the plat. City staff has provided street names and Addresses 8) The applicant shall obtain a demolitions permit and all required inspections for the removal of the existing signal family residences and detached accessory structures prior to Final Plat recording. The applicant obtained a demolition permit# 816002564 from the City and removed the structures Page 2 of 5 9/ A revised detailed landscape plan that complies with RMC 4-8-120 shall be submitted at the time of Utility Construction Permit for review by the Current Planning Project Manager. The revised landscape plan shall provide a 10-foor landscaped visual barrier within a 10-foot wide easement along the northern portion of Lots 1-3 and along the southern portion of Lots 7-9, shall include the required 15 feet of landscaping outside of the required fencing around the full perimeter of the stormwater pond in Tract C, and shall include two trees within the front yard areas of Lots 7 and 8. The landscaping around the stormwater pond (Tract C), over the stormwater vault (Tract A), and in the public street shall be installed prior to recording of the final plat, the 10-foot landscaped visual barrier and the front yard trees shall be installed prior to Certificate of Occupancy for the new homes. The applicant submitted a detailed Landscape plan which was approved by the City of Renton on 06-30-16 R-389521. The revised landscape provides a 10-foor landscaped visual barrier within a 10-foot wide easement along the northern portion of Lots 1-3 and along the southern portion of Lots 7-9, and include the required 15 feet of landscaping outside of the required fencing around the full perimeter of the storm water pond in Tract C, and includes two trees within the front yard areas of Lots 7 and 8. The landscaping around the stormwater pond (Tract CJ, over the stormwater vault (Tract A/, and in the public street shall be installed prior to recording of the final plat, the 10-foot landscaped visual barrier and the front yard trees shall be installed prior to Certificate of Occupancy for the new homes. 10) The applicant shall be required to provide a final tree retention/replacement plan which includes the retention of one tree within the rear yard of proposed Lot 6 and three trees on the southeast corner of Private Road C, or an arborist repost classifying these trees s hazard trees which need to be removed. The final tree retention/replacement plan shall be submitted at the time of Utility Construction Permit review for review and approval by the Current Planning Project Manager. The applicant submitted a detailed Tree Retention pion which was approved by the City of Renton. 11) The preliminary plat layout shall be revised to locate the hammerhead turnaround at the terminus of Road B to be private and placed within a 26-foot wide tract and be paved with 20 feet of paving. This revision shall be shown on the Construction Permit application for review and approval by the Plan Reviewer and the Fire Department. The tract shall be identified on the final plat map prior to recording. The applicant revised the hammerhead turnaround at the end of Road B and modified the final plat map to show A 26' wide private Rood tract which was approved by the City of Renton 12) Access for Lots 6-8 shall be required to be provided off of the proposed shared driveway across the north portion of lot 7. A note to this effect shall be recorded on the face of the plat prior to recording. The applicant believes this condition was recorded in error. It is not possible for any lots to take access from from the northern portion of Jot 7 as it does not touch the the private rood B. We believe the requirement should hove read "Access for Lot 7 shall be required to be provided off of the proposed shared driveway across the north portion of lot 8." As is shown on the approved Landscape plans • 9. ; I .1 ' I / / [ CCf:SS ROAD-// / I • , i I 0 DETENTION -__ __/ j \ I VAUlT / L RDS PER OTY _.........., DARDDETA!l 13) Approval of the proposed street design is contingent upon the applicant acquiring administrative approval of a deviation request to RMC 4-6-060(H)(2) for the authorization of the proposed hammerhead turnaround at the end of Road C. Approval shall be acquired prior to any construction activity at the project site. The proposed hammerhead turnaround shall comply with all applicable City development standards except to the extent approved by a deviation request. The applicant submitted a deviation request to RMC 4-6-060/H)(Z} for the authorization of the proposed hammerhead turnaround at the end of Road C and received administrative approval of deviation from the City 14) The widths of Lot 2-5 shall be revised to provide a minimum width of 35 feet along the street frontage. A revised plat map shall be submitted at the time of Utility Construction Permit application for review and approval by the Current Planning Project Manager. The applicant submitted a revised plat map providing a minimum width of 35 feet along the street frontage which was approved by the Current Planning Project Manager 15) Cross Section B-B on the Preliminary Grading an Utility Plan shall be revised to provide a minimum of a 26-wide easement, with a 20-foot pavement width. No sidewalks are required and the pavement thickness shall be a minimum of 4-inches of HMA over 6-inches of crushed surfacing and top course. The revised cross section details shall be submitted at the time of Utility Construction Permit review for review and approval by the City's Plan Reviewer. The applicant revised the Cross section 8-8 shown on the preliminary grading plan and provided a minimum of a 26' wide easement with 20-foot pavement widt, No sidewalks are required and the pavement thickness shall be a minimum af 4-inches of HMA over 6-inches of crushed surfacing and top course which was reviewed and approved by the City 16} Cross Section A-A on the Preliminary Grading and Utility Plan be revised to provide 53 ft. of right of way, 20 ft. of pavement, 6 ft. parking on one side, curb and gutter on both sides with 8 ft. planting strip and 5 ft. sidewalks on both sides. The revised cross section details shall be submitted at the time of Utility Construction Permit review for review and approval by the City's Plan Reviewer. The applicant revised the Cross section A-A shown on the preliminary grading plan and provided 53 ft. of right of way, 20 ft. of pavement, 6 ft. parking on one side, curb and gutter on both sides with B ft. planting strip and 5 ft. sidewalks on both sides which was reviewed and approved by the City 17} A street lighting plan shall be submitted at the time of construction permit review for review and approval by the City's Plan Reviewer. The applicant submitted Street Utility Lighting plans which were reviewed and approved by the City 18) The applicant shall be required to create a homeowner's association of maintenance agreement for the shared utilities, common landscaping, and maintenance and responsibilities for all shared improvement of the development. A draft of the document(s) shall be submitted to Current Planning Project Manager for the review and approval by the City Attorney and Property Services section prior to the recording of the final plat. The applicant has created a home owner's association maintenance agreement and has submitted a draft of the documents for review and approval by the City Attorney and Property Services section 19) A copy of the required access easement over the neighboring property to the north for Private Road C shall be submitted at the time of Utility Construction Permit approval. The applicant submitted a copy of the required access easement aver the neighboring property to the north for Private Road Cat the time of Utility Construction Permit approval. 20} Any proposal to convert the Stormwater vault within Tract A to a Stormwater detention pond shall be considered a Major Plat Amendment subject to the requirements outlined under RMC 4-7-0BOM.2. The applicant has no proposal to convert the Starmwater vault within Tract A to a Stormwater detention pond Page 4 of 5 21) Fencing and sign age is required along the boundary of the Wetland buffer. A fencing and signage detail shall be submitted at the time of Utility Construction Permit review and approval by the Current Planning Project Manager. The applicant has submitted a Fencing and Sign detail for the required Fencing and Signage required along the boundary of the Wetland buffer which was reviewed and approved by the City Page 5 of 5 • SUBDIVISION Issued By: @CH!CAS,0 TJTLE INSURANCE COMPANY Guarantee/Certificate Number: 0084778-06 Update 2nd Guarantee CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Taylor Development, Inc. herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Chicago Title Company of Washington 701 5th Avenue, Suite 2700 Seattle, WA 98104 Countersigned By: Authorized Officer or Agent Subdivision Guarantee/Certificate Page 1 Chicago Title Insurance Company By: Attest: President Secretary Printed: 02.10.17@09:14AM W A-CT-FNSE -02150. 622476-SPS-1-17-00B4 77S-.06 , CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0084778-06 UPDATE 2nd Guarantee Liability $1,000.00 ISSUING OFFICE: Title Officer: Seattle Builder I Unit 16 Chicago Title Company of Washington 701 5th Avenue, Suite 2700 Seattle, WA 98104 Phone: (206)628-5623 Main Phone: (206)628-5623 Email: CTISeattleBuilderUnit®ctt.com SCHEDULE A Premium $350.00 Effective Date: February 7, 2017 at 08:00 AM The assurances referred to on the face page are: Tax $33.60 That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in: Weston Heights, LLC, a Washington Limited Liability Company subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Page 2 Printed: 02.10.17@ 09:14 AM WA-CT-FNSE-02150.622476-SPS-1-17-0084778-06 PARCEL A: EXHIBIT "A" Legal Description LOT A OF KING COUNTY SHORT PLAT NO. 175040, RECORDED UNDER RECORDING NUMBER 7503280518, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 100 FEET OF THE WEST 267.96 FEET THEREOF. PARCEL B: THE NORTH 100 FEET OF THE WEST 267.96 FEET OF LOT A OF KING COUNTY SHORT PLAT NO. 175040, RECORDED UNDER RECORDING NUMBER 7503280518, IN KING COUNTY, WASHINGTON. PARCELS A AND B BEING TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, ACCESS, UTILITIES AND LANDSCAPING RECORDED UNDER RECORDING NUMBER 20170206000071, IN KING COUNTY, WASHINGTON. Subdivision Guarantee/Certificate Page 3 Printed: 02.10.17@09:14AM WA-CT -FN SE-02150.6224 76-SPS-1-17-0084 77 8-06 CHICAGO TITLE INSURANCE COMPANY GUARAN, 1edCERTIFICATE NO. 0084778-06 UPDATE 2nd Guarantee SCHEDULE B GENERAL EXCEPTIONS: H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. SPECIAL EXCEPTIONS: 1. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: Puget Sound Energy, Inc., a Washington Corporation Transmission, distribution and sale of electricity January 29, 2009 20090129000824 The west 10 feet of Parcel B 2. Covenant to bear part or all of the cost of construction, repair or maintenance of easement granted over adjacent property: Purpose of Easement: ingress, egress, access, utilities and landscaping Recording No.: 20170206000071 Said instrument amends, restates, replaces and supersedes the instrument recorded under recording number 20160609000298. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: Puget Sound Energy, Inc. Utility systems June 9, 2016 20160609001569 As constructed 4. Reservations contained in Deed: Recording No.: 5513395 As follows: Except all coal and mineral rights 5. Seller's Notice, of On-Site Sewage System Operation and Maintenance Requirements, including the terms and conditions thereof: Recording Date: Recording No.: Affects: Subdivision Guarantee/Certificate September 13, 2001 20010913000990 Parcel B Page4 Printed: 02,10.17@09:14AM WA-CT-FNSE-02150.6224 76-SP S-1-17-0084 778-06 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARAN, ~..:/CERTIFICATE NO. 0084778-06 UPDATE 2nd Guarantee 6. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2017 Tax Account Number: 112305-9010-04 Levy Code: 2133 Assessed Value-Land: $345,000.00 Assessed Value-Improvements: $87,000.00 General and Special Taxes: Affects: Parcel A Billed: $5,053.64 Paid: $0.00 Unpaid: $5,053.64 7. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2017 Tax Account Number: 112305-9092-05 Levy Code: 2133 Assessed Value-Land: $168,000.00 Assessed Value-Improvements: $209,000.00 General and Special Taxes: Billed: $4,392.05 Paid: $0.00 Unpaid: $4,392.05 Affects: Parcel B 8. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: $3,000,000.00 April 27, 2015 Trustor/Grantor: Trustee: Weston Heights, LLC, a Washington Limited Liability Company Chicago Tithe Insurance Company, a corporation Beneficiary: Recording Date: Recording No.: Subdivision Guarantee/Certificate Paul J. Taylor and Karen M. Taylor, husband and wife April 27, 2015 20150427000869 END OF SCHEDULE B Page 5 Printed: 02.10.17@09:14AM WA-CT-FN SE-02150.6224 76-SPS-1-17-0084 778-06 ··~, ... ,,,. . 'cttiCAGO T1TlE INS. co@) .Rl:F# & 02f£-o6 W)"lEJi1\~ECORDED MAIL TO: Weston Heights, LLC /A\fn: .\e'ffiiW E. Hamilton 15 L11ke Bellevue,Drive;Eiuite 102 ~1,11,~~11,,11 ,Bell¢vue,WP<'98005 / GRANTOR: GRl\['!TEE: LEGAL DESCRIPTION: /TAXPA~CEJ ACCOIJNT r:,10: ~EObRDl~G, \ NO. OF,l)QC \.AMENOEO: .... .... ,, CM!~ llTLE E~S 78 ,00 PAG£i'0W.I OF 006 0211111/21147 10:31 ~flilG ~OU~lV , 11A WES~ot,{ HEiGtlr{ Ll,.C, a Wa~~fngf~n limited liabilify.¢impany ' ,' ' WESTON °f:iEiGHTS,iLlC. ··~"w:s~l~gton 'llmi\ed liability company · ·· · · · Ptn. NW X SW X set't{"r\0/t>. 23N, ,R. Sic' ... / The complete legal description is,bn Pages1•2 •:. ~ •,' .,. . 112305-9002; 112305-9010 2'0160609000298 DECl,ARATIO.r4 OF NON-!t'xCLUSIVE ACCESS, UTILITY ,' ANO.LANDSCAPE EASEMENT . ,·. ' .. .. This Declaration o/. Nonj;~1vslve, / Aq&.ss:· , ti't:litv. and Landscape Easement ("Declaration") is executed this~ day of {eQl'iJary, ~017,'·by WESTON HEIGHTS, LLC, a Washington limited liability company ("Weston 'f(eigli'ts"}. Weston H1;ighl'!, for the preservation of values and amenities of the Weston Heights:Nort~ Property and the Weston Heights Property (defined below). hereby declares that the 111/esto·n Heights Nortl:l"Propeify and the Weston Heights Property are hereafter subject to the terms; conditions) and· p.roQlsions of this Declaration. The owners of the Weston Heights 'Nprth l;foplH'ty }md. the Weston Heights Property from time to time are hereinafter referred to as·im "Owner' or th.e.,'Own~r~." Page 1 of6 A&R Access. Utility and Landscape Easement (Weston Heights) 020217 ... .,,,, ..... ~· ,,· , ... 1. Weston Heights North Property. Weston Heights is the Owner of the real prppeity'"tegally described as follows ("Weston Height North Property"); . ' .,. That portion of the Northwest quarter of the Southwest quarter of Section 11, Township 23 North, Range 5 East, Willamette Meridian, in King County, ,.W~stiifrgton, described as follows; . .. .., .... , .. ,, .. ' J3egi,l'.1ril1jg at a .Poi'nt 15,Jeet North of the Southwest corner of the North half of .-' saiif Ne>rthw~sfquart,iHlf th.e·S01Jthwest quarter of said Section 11; •.' Thence' Eas\ to.,a poinl'~:ffeet West of the East line of said subdivision; : Thence Ndrth i57.5 (~et fo the.$oiith.iline of that tract described under recording .,.,,.j10. 5481257;' .,/ '). ..:,'!c < ... / ih6l1,1ce· West 675 feet'; morey' q{less, along said South line, to the West line of said subdivision; • . . .. .• . ..··· Thence SQ~th:along said.WI:!$! Jiqe to,.the,f;oint of Begiqning; . •' -· . •' . . .--~ Except the ~est'30 ,;;et ther~ 0 o{re~el'.lledJor 1.:im1/Avenue Southeast (Nile Avenue Northeast): .. ..,.•· .,·' ,.' F /.. \ .' / '••,,, Together with: .. Tract L, Windwood Division 3, aecordin~ to the plat th~recif, recorded in··~~lume 198 6f Plats, Pages 22 through 27, records of King_ County; Washington. c/2. ... Westcitl Heights Property. Weston Height~··is the o;:,ner of/the re11f property legal[y describe<l as fbllows ("Weston Heights Property"): · •Parcel A:·· ·· '· Lo(;A··:f...Ki1,1g·,.¢ounty Short Plat No. 175040, recorded u~·aer' Recording No. ,. _.. 75()328,051~: in )<ing 0 c;;p~_nty Washington; Except"the,.norlfl 1 .. 0 feenlf the west 267.96 feet thereof. P~tcell:i°:' The n·~r1n··1 oo)ee(of the ;:,tsf26T96 fee.\ of Lot A of King County Short Plat No. 175040, rectirded•··U~der .. Recordiog No .. , 7503280518, in King County, Washington. · ·· · · · · ·· ·· 3. Existing Easement. Weston Heights ,:ic~ilowledges lhe existence of the Non- exclusive. Access and Utility Easement Agreement .dated J.rJri~.2. 20tif and recorded June 9, 2016 under King County Recording No:·20f6060900029Jl (th¢ "E~Jsting,Easemenf') which benefits the Weston Heights Property and burde.nsth!'iWeston),eights Nor\h Pr9p~rty. Weston Heights intends for the Easement in this Declarafiorrto ,imen.d, restate, replace anil supersede the Existing Easement in its entirety. · · ·· ·· · ·· · · ·· -~- Page 2 of6 A&R Access, Utility and Landscape Easement (Weston Heights) 020217 " . ., .... 4. Grant of Easement. Weston Heights, as the Owner of the Weston Heights North Prpperty;,,hereby grants to Weston Heights, as the Owner of the Weston Heights Property, a p_erpetuar:,non,.exclusive easement for ingress, egress, access, utilities and landscaping (the JEasemen(') oi.:er, under and across that portion of the Weston Heights North Property legally /d~scri.iled·:0n E](hibit A and visually depicted on Exhibtt B, attached hereto (the "Easement Area'.). The E;faemeii'f'shall be an easement appurtenant to the Weston Heights Property, shall .,run With ahd beneftt the Weston 1-(eigh!!t.Property, and shall be perpetual in duration. . .. ,, .• ' ';. •' ,' .f' >i ,5 .. •' ..-:·Mainten1ilnce ii~~' Ref®k .. Weston Heights shall have the duty and hereby coveni:ints• to mainta!ri the E;;iseme/jt,.t,fi)a. in~luqing wtthout limitation the roads and utilities therein and the lan~caping \liereQni iii good-wor~irig;order, condition, and repair. 6. . Coveoa'n~ ,~unidn: ,:with I~~ •.• ~ii~. The Easement and the limitations, covenants, conditions, ,and )estriction!i'·jjrilnt!)O, reserved or otherwise set forth herein (collectively, the "Coveliants'1 arenotJnteridec!io bepersonal to Weston Heights, but shall run with the land, and shall in··aifres~cts ¢oni,tl'tute'c91ienanis•entorce,abl~'at law and in equity, and servitudes burdening the land. The dovenanjs shall i.rw.re tii. the b~eifit of and be binding upon the Owners and their respective·suqtes.sors and° as!;llgns', . ... .. 7. .. Governing Law. The v~iid~~ ot thi~ Qeclar~tio~, th~ interpretation of the rights and duties ohhe Owners hereunder and the ctmstfoctiop otthe ter~ hereof khall be.,iioi.:erned in accordance whti,the internal laws of the State~fWa~hinlJlon,' . ',,,., .... ,, \ /o' / •.,", ... ,· ' .8. /Attor~eys Fees. In the event of any actipn.,iir proC\ledipg al_:la\Y'. or,-Jn equity betwe.!in th¢ owners to enforce or interpret any provisioi'l'"of this Dec.l;iratioh or to/protect or estal;lllsh ahy r~ht or remedy of any such Owner, the non-pre~ailing Owner in'·su~h action or pro¢eedi119 shall p!ly to the prevailing Owner all costs and ··expense~·. !ncluding, without limitatioFi, reasonable atti:Ji'neys' fees and expenses, incurred in such ·ai;ti6n .or proceeding and io'· any iippeal in ,cori'nection iqerewith by such prevailing Owner, whetfi~,,~r .r:tbt such action, prOl;eeding or ,a'ppeal )s 'prosecuted to judgment or other final determiriatlon. The term "prevailing O\'llllef" sh;1il includ;i, witlJ.oyt limitation, an Owner who obtains substantially the relief soughfin·tfie ac\ion or proc~ding. whether by compromise, settlement or judgment. If such prevailing Owner,sh!!llre'cov_e'rjudgm_~nt iriany such action, proceeding or appeal, such costs, expenses and attorneys' fe_es _shall.,·be iriclu~edcin.s1nd as a part of such judgment. 9. Ter~i~ail~~-The fasem;,~; $hall ~utomatically terminate without further action required by the Owners upo~ the··cogveyance· of the Eilseu11ent Area to the Weston Heights Homeowners· Association, oi,it!l sucgiasscfr ir{inte/est/les~ ·~rJY portion thereof which may be dedicated to the City of Renton for,public,,right;of ,ay ahd/6r utjJitfpurposes. 10. Amendment. Until its terri)inati90 in ~ccprd<1ii'cE{with Section 9, this Declaration may only be amended in a writing signed· by'the Qw~ers,.iif the W~ton Heights Property and the Weston Heights North Property, and recoriledjn the office of th/i King Cou~_ty.Recorder. .. .. .. ' . .. . •., Page3of6 A&R Access, Utility and Landscape Easement (Weston Heights) 020217 • • c:'oArko as of the date first written above . ..yesfon Be1ghts: /WESTON' HEiGHTS, LLC, ,,,_v .,,,.,.n,y ' ?••ri',£.....,~-.:. STATE OF W!ISHINGTON .. ,.,,,.. . County of Kl NG I certify that I know or have sa'ilsf~ctory' evide~ce Jhat':Jeffiey ,E:,8amilton is the person who appeared before me, and said persor{ackhmiiledged thii.t,he/sigped this instrument, on oath stated that h'3 was authorized to execuii!"theI instrument and acknowleciged,,it as the;,,CFO of WESTON HEimns, LLC, a Washington limit~d liatim19 cortipany, t&).1e..the fiee ancf~olOntary act of such party.for the uses and purposes me~tiOQ!!flih th~ iruitrumeni'.:." ,:• ··, · ' f"._'· ·. ,z.-..1 ' ' DATE!;)'' ~~ 1 Z , 2017. Page 4 of 6 A&R Access, Utility and Landscape Easement (Weston Heights) 020217 . . ., EXHIBIT A /Lei;AL 0DESC~IPTION -PRIVATE ACCESS, UTILITY AND LANDSCAPE EASEMENT / ,• . "•,,.,// .~g~f~ts~~A~i~~~i~1ps~~:~:i-T~~!~~1~FE:Jgyi:;~~T~~~ilP 23 . NORTH} RANGE 5 EA$T Of Tf:!~JIVILL~ETTE MERIDIAN, DESCRIBED AS FOLLOWS: SEGl/ilNIN~AT ,;i{E sbu1'H6sT CQRNER0i"'SA1D SUBDIVISION, ALSO BEING THE SOUT!;!l;i\ST CO.RN SR Of T~CT L, \',(lt,IWOOQ'OJVt,slON 3, ACCORDING TO THE PLAT THEREOF Rl:CORDED !N VQLU~~!)e. PAGES?~ T!'iROUGH 27, RECORDED UNDER RECORDINClNUMBER·20010222000l66, RECORDS.OF KING COUNTY WASHINGTON; THENCE N oci•1a:9r.e 11,06 FeET ALONG TJiE;'E~ST LINE OF SAID TRACT L TO THE NORTHEAST CORNER 0.F SA!D TRACT Le¢•' / / THENCE S a1·21·2r E 10.11 FEET ALONG THE NORTtl.l.lNE OF SAIO}'lAT TO THE SOUTWEST CORNER OF·LQT 2, Qi.. YMPUS"11L!;II, ACCQRDJNG TO JHE.PLAT THEREOF RECORDED UNDER RECORDIN!;> NU~BER 20f20412001053,RECOf!D.S OF KING COUNTY WASHINGTON; \ .. / / / / .... ·····c.;. i i'··. •·.· THENCE N 0'17'30' E 157.50 FEET·ALO!'JG lJlEWE:.T LIN!;S.OF,LOTS 2 ANO 3 OF SAID PLAT TO THE SOUTHERLY MARGIN OF NE 7l".PLAQE; . THENCE N !J,7'27'2r W 58.50 FEET ALONG SAID SO\!THERL Y MARGIN;' '\. / · , THENCE ~0·1rao·w 12.50 FEET; .,,. >, .. i / \,.... ....... ·a.:. / / THENCE$ 87'27'2.r E 18.96 FEET TO A POINT 40 .. 00 FEET WESTERLY OF AND P/\RALLEVTO THE WEST LINE OF.LOTS 2 AND 3 OF SAID PLAT ·oF·CiL Y!,1PU!fVl~LA;' . . ····" .. , .• , . THENqE _s ()'l7'30" W 156.17 FEET ALONG SAID PARALLEi,. LINE .to T.116-SOUT!;i UNE OF SAID TRACT L, . . , · ·• ., ... . . . THENCE S87'27'27"'.E 29.92 FEET ALONG SAID SOUTH LINE TO THE POiNT OF BEGINNING. :. :. ;. ·. ·.-.. .. . CO.~A(N,ING, i 6,666 +/,.S.QUARE FEET, MORE OR LESS • . :· .... -',: ... A.S.P.1. Land Surveying & Planning 4532-B Evergreen Wey Everett, WA 98208 425-252-1884 ::JA/J Z 5, 2.017 W:I_JOBS\2016\216098-TAYLOR DEVELOPMENT(WESTON HEIGIITS)IDOCUMENTS\LiJ.;j{,':· EASEMENTS\PRIVATE ACCESS & UTILITY EASEMENT.doc .. \ PROPOSEb.PlAi/Df WESTQN HEl~}fl"S LOti~ LOT 11 E.XHIBIT "B"/ '° '° 21 ro 1'-. a 'O ~D ON N --QN 00 o-.' 3: D '22 .Q 2 ... z 3: sq. ti.. <C PRIVATE ACCESS, UTILITY & LANDSCAPE .f.A5EM!:NT/ /\ PORTION OI' THt NW 1/4, SW 1/4 OF sec. 1~ TWP. 23 N., ~ct. 5 ,e., 'tiit'' CITY Of' RWTON, t!NC, COUNTY, WASHINC,TON A.5.P.L (ALPHA 5U!IOIV1510N Pl!O'S. INC.) LAND 5U~VEYINCi & PLANNINc; •~2-11 eVEl!<;l<ttN WAY eveRen, WA 9820J (425) 252-1084 ····· .;~~Rf; ·,, ··· . 21fu9e:i.~tl / ' -, ,.:18 RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department (AEM) PO Box 97034 I EST -06W Bellevue, WA 98009-9734 ffl~llilll~lill~IIIIIIIII 20160609001569 PUGET SOUND EN EAS 7&.ea P~GE-991 OF 994 08/09/2818 15:48 l<JNG COUNTY, 11A + PUGET SOUND ENERGY EASEMENT REFERENCE#: ORIGINAL GRANTOR (Owner): WESTON HEIGHTS, LLC GRANTEE (PSE): PUGET SOUND ENERGY, INC. SHORT LEGAL: Portion of SW 114 Sec. 11, Twp. 23 N., Rng. 05 E., W.M., K.C. ASSESSOR'S PROPERTY TAX PARCEL: 112305-9010, 112305-9092 For and io consideration of good and valuable consideration, the receipt and sufficienc~ of which are hereby acknowledged, WESTON HEIGHTS, LLC. a Washington limited liability company ("Owne(' herein), hereby grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the purposes described below, a nonex-clusive perpetual easement over, under, along across and lhrough the following described real property (the "Property" herein) in King County, Washington: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property ("'Easement Area" herein) described as follows: EASEMENT NO. 1: ALL STREETS AND ROAD RIGHTS-OF-WAY (BOTH PRIVATE AND PUBLIC) AS NOW OR HEREAFTER DESIGNED, PLATTED, AND/OR CONSTRUCTED WlTHIN THE ABOVE DESCRIBED PROPERTY. (WHEN SAID STREETS AND ROADS ARE DEDICATED TO THE PUBLIC, THIS CLAUSE SHALL BECOME NULL AND VOID.) ' EASEMENT NO. 2: A STRIP OF LAND 10 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATED WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES OF SAID PUBLIC STREETS AND ROAD RIGHTS-OF-WAY. EASEMENT NO. 3: AN EASEMENT AREA 5 FEET IN WIDTH HAVING 2.5 FEET OF SUCH WlDTH ON EACH SIDE OF A CENTERLINE DESCRIBED AS FOLLOWS: THE CENTERLINE OF GRANTEE'S FACILITIES AS NOW CONSTRUCTED, TO BE CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN THE ABOVE DESCRIBED PROPERTY BEING PARALLEL TO AND COINCIDENT WlTH THE BOUNDARIES OF ALL ALLEYWAYS AND PRIVATE DRIVES. 10·.5·.5· Pl~! Eas.ement 2013 WO# 105080812 / RW·096493 , Weston Heights Page 1 of 4 EXCISE 'J'AX NOT llEQUIRED ......_ 4 ,,,C~8 Co. Records ~A.l.i.lML.~D.;puty 20160609001569.001 .. . ; EASEMENT NO. 4: AN EASEMENT OVER THE ABOVE DESCRIBED PROPERTY FOR VAULTS, PEDESTALS AND RELATED FACILITIES ADJACENT TO EASEMENT AREAS No. 2 AND 3. THE VAULT EASEMENT MAY OCCUPY UP TO AN ADDITIONAL 5 FEET IN WIDTH (FOR A TOTAL WIDTH OF 10 FEET) WITH THE LENGTH OF EACH VAULT EASEMENT EXTENDING 5 FEET FROM EACH END OF THE AS-CONSTRUCTED VAULT(S). 1. Purpose. PSE shall have the right to use the Easement Area to conslrucl, operate, maintain, repair, replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution and sale of gas and electricity. Such systems may include, but are not limited to: Underground facilltles. Conduits, lines, cables, vaults, switches and transformers for electricity; pipes. pipelines, mains, laterals, conduits, regulators, gauges and rectifiers for gas; fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground-mounled facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such additional facilities as it may require for such systems. PSE shall have the right of access to the Easement Area over and across the Property 10 enable PSE to'·exerclse its rights granted in tliis easement 2. Easement Area Clearing and Maintenance. PSE shall have the right, but not the obligation lo cul, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right, but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Trees Outside Easement Area. PSE shall have the right to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could, in PSE's sole judgment, interfere with or create a hazard to PSE's systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such trees and make a reasonable effort to gi11e Owner prior notice that such trees will be cut, trimmed, removed or disposed. Owner shall be entitled to compensation for the actual mar1<et value of merchantable timber (if any) cut and removed from the Property by PSE. 4. Restoration. Following initial installation, repair or extension of its facilities, PSE shall, lo the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PS E's wor1< to the condition existing immediate!~ prior to such work, unless said work was done at the request of Owner, in which case Owner shall be responsible for such restoration. Atl restoration which is the responsibility of PSE shall be performed as soon as reasonably possible after the completion· of PSE's work and shall be coordinated with Owner so as to cause the minimum amount of disruption to Owner's use of the Property. 5. Owners Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose not inconsistent with the righls herein granted, provided, however, owner shall not excavate within or othelWise change the grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner shall do no blasting within 300 feet of PS E's facilities without PSE's prior written consent. 6. Indemnity. PSE agrees to indemnify Owner from ~nd against liability incurred by Owner as a result of the negligence of PSE or its contractors in the exercise 'of the. rig~ts herein granted to PSE, but nothing herein shall require PSE to indemnify Owner for that portion of any ·such liability attributable to the negligence of Owner or the negligence of others. 7. Tennlnation. The rights herein granted shall conlinue until such time as PSE terminates such right by written instrument. If terminated, any improvements remaintng in the Easement Area shall become the property of Owner. No termination shall be deemed lo have oCCtJrred by PSE's failure lo install ils systems on the Easement Area. 10·.5·.5· Plat Easement 2013 WO# 105080312 / RW-096493 I Weston Heighls Pege 2 of~ 20160609001569.002 " 8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and unde( this easement. Without limiting the generalrty of the foregoing, the rights and obligations of the parties shall be binding upcn their respective successors and assigns. /"ffl _ \ <J.tJE J / DATED this (.,. day of __ ",_j..__-'=--------'' 20..L.Jp. OWNER: STATE OF WASHINGTON ) ' ) ss COUNTY OF ~~ ) ". ,; On this IO day of c\1,u'\Jz_.. . 20k. before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jeffery E. Hamilton to me known to be the person(s) who signed as Chlel Financial Officer of WESTON HEIGHTS, LLC, the Washington limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed and the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned; and on oath slated that he was authorized to e><eC\Jle the said inslrument on behalf of said limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Notary Public State o1 wasl\ingta11 )A . '2, v sh a..w TANYAMB~AW My Appointment Explros Aug 16, 2019 ,...,.,..,... _ _. __ ... ,......,.,. __ ,..40TA PUBLIC in and for the Stale of Wasliington, residing al W. 10'·5'-5' Plat Easemenl 2013 WO# 105080812 / RW-0964'93 J Weston Heights Page 3of4 My Appointment Expires: __ f!>~-1\p..l l.p"'-1-( ~( '1~---- ·v: 20160609001569.003 . . •. EXHIBIT 14 A 11 PARCEL A: LOT A OF KING COUNTY SHORT PLAT NUMBER 175040, RECORDED UNDER RECORDING NUMBER 7503280518, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 100 FEET OF THE WEST 267 .96 FEET THEREOF. PARCEL 6: THE NORTH 100 FEET OF THE WEST 267 .96 FEET OF LOT A OF KING COUNTY SHORT PLAT NUMBER 175040, RECORDED UNDER RECORDING NUMBER 7503280518, IN KING COUNTY WASHINGTON. 10'~5'~5' Pia! Easement 2013 WO# 105080812 I RW·0964~3 / Weslon Heights Page 40f 4 ., 20160609001569.004 ,.;. RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department PO BOX 90868 EST-06W BELLEVUE, WA 98009 K.MCGILL llltllllJJIII =~ SOUND EN EAS 44 00 e11za11,g: fl~1e · KING COUNTY I LIA ORIGINAL EASEMENT REFERENCE #: GRANTOR: ROBERT A. JOHNSEINE GRANTEE: PUGET SOUND ENERGY, INC. SHORTLEGAL SW11-23N-05E ASSESSORS PROPERTY TAX PARCEL: 112305-9092 For-and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, ROBERT A. JOHNSE!NE, A SINGLE MAN ("Grantor" herein}, hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation {"Grantee" herein), for the purposes hemirlafter set forth, a nonexclusive perpetual easement over, along, across and through the following described real property ("Property" herein) in KING County, Washington: SEE EXHIBIT 'A' ATTACHED HERETO AND BY THIS REFERENCE MACE A PART HEREOF. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: THE WEST 10 FEET OF THE ABOVE DESCRIBED REAL PROPERTY. 1. Pul'J)05e. Grantea shall have the right to use the Easem_ent Area to construct, operate, maintain, repair, replace, Improve, remove, and enlarge one or more utility systems for purposes of transmission, dlstrlbutlon and safe of eleciriclty. Such systems may include, but are not limited to: Poles. towers and othar support structures with crossarms, braces, guys and anchors; electric transmission and distribution lines; fiber optic cable and other lines, cables and facilities for communlcationa; transformers, street llghts, meters, fixtures, attachments and any and all other facilitles or appurtenances necessary or convenient lo any or all of the fotegoing; Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additlonal facllitles as It may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance, Grantee shall have the right to cut. remove and dispose of any and all brush, trees or other vegetation ITT the Easement Area. Grantee Shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Trees Outside Easement Area. Grantee shall have the right to cut, ltim remove and dispose of any trees tocated on the Property outside the Easement Area that could, In Grantee's sole judgment, interfere with or create a hazard to Grantee's systems. Grantee shall. prior to,the exercise_of such' right, identify such trees:0!1d make a rea1;,onable e(fort lo give Grantor prior notlc& that such trees will be cut, trimmed, removed or disposed of {except that Grantee shall hSve no obligation to identify such trees or give Grantor such prior notice when trees are cut, trimmed, removed or ·otherwise disposed of In response to emergency conditions). Gran tor shall be entitled to no compensation for trees cut, trimmed, removed or disposed of except for the actual market value of merchantable timber (if any) cut and removed from the Property by Grantee. 4. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not Inconsistent with the rights herein granted, provided, however, Granter shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent OH Electric Easement 1012003 101054103-PLEASANT PATH RW-071724 Page 1 of3 EXClSE TAX NOT Rf VIREO g Co. rem D' i~'.;m ·- 5. Indemnity. Grantee agrees to Indemnify Grantor ·from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Granter or the negligence of others. 6. Abandonment. The rights herein granted shall conlinue until such time as Grantee C£:tases to use the Easement Area for a period of five (5) successive"yeara, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install !ts systems on the Easement Area within any period of time from the date hereof. 7. Successors and Assign$. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefrts, privileges and Interests arising In and under this easement. Without llmlUng the generallly of the foregoing, the rights and obligations of the parties shalt inure to the benefit of and be binding upon their respective succes.~rs and assign~ DATED this L/ ~-day of ~j+kJ ~ ,:;,orf-7 \ STATE OF WASHINGTON ) ) ss COUN1Y OF ,r,'_,i; ) 9. On this & day of V Mtt~ , 20~ before me, a Notary Public in and for the State of Washington, duly commissioned and swor~ anally appeared ROBERT A. JOHNSEINE , to me known to be the lndMdua~s} who executed the within and foregoing instrument, and acknowledged that b (;. signed tha same as · /},$ free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN UNDER my hand and.official seal hereto affixed the day and year !n this certificate first above written. -------_ ............ UNIIAA- My ~ f11p1m Jul 27, ltl12 - OH Electric Easemoot 10/2003 101054103-PLEASANT PATH RW·071724 Page 2 of 3 ---NOTARY PUBLIC in Washington, residing at My Appointment Expires: EXfilBIT'A' THE NORTH 100 FEET OF THE WEST 269.96 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST QUARTER OF SAID SUBDIVISION, THENCE SOUTH 00°16'11" WEST ALONG THE EAST LINE THEREOF A DISTANCE OF 329.77 FEET, THENCE NORTH 87'54'24" WEST 525.15 FEET TO THE EAST LINE OF THE WEST 130 FEET OF SAID SUBDIVISION, THENCE NORTH 00'17'36" EAST ALONG SAID EAST LINE 87.84 FEET TO THE NORTH LINE OF THE SOUTH 414 FEET OF SAID SUBDIVISION, THENCE NORTH 87°54'24" WEST ALONG SAID NORTH LINE 100.03 FEET TO THE EAST LINE OF WEST 30 FEET OF SAID SUBDIVISION, THENCE NORTH 01°17'36" EAST ALONG SAID EAST LINE 244.5 FEET TO THE NORTH LINE OF SAID SUBDIVISION, THENCE NORTH 87°40'54" EAST 624.96 FEET TO THE POINT OF BEGINNING, ALSO KNOWN AS A PORTION OF LOT A, KING COUNTY SHORT PLAT NO. 175040, RECORDED UNDER RECORDING NO. 7503280518, RECORDS OF KING COUNTY, WASHINGTON. 101054103 -PLEASANT PATH RW-071724 PAGE3/3 D 1 ·I .! l ! "ti ., . ., A,. ,, ' ' Statutory Warranty Deed FORM L118 . THE GRA..'\;TOR : OTT a SGHM!l)T' a sing le man for and in ~onsidmtion of Ten and no/100------(~plO, 00 )---------------Dollars in hand pa.id, conveys 011d 1,w1rran1s to First Western (IJompany the rollowlnG·described real esta~, silW\terl in the County oC Wa5hington: KING Dated this 'The southwest quarter of the northwest quarter or .the southwest quarter of Section 11, Township 23 north, Range 5 H:.\·:,i,f., EXCEPT coal and min- erals, EX~~PT coUhty road. This deed.is gi~en in fulfillment of that cer- tain real estate contract dated July 12, 1952 between the above granter as vendor and the above grantee Q8 vendee, 12th day or July, 1952 -, r•)r •·\•,·Mf.l ,·:rr. r:o.Y.'=t~ ·~ ~ ,:.~,·~~~:i,-lmlG l.OU:H'' !"I:.~W~Ert , S1atc of w .• ~~~ ... ,'filf' ---·----·-----·----(SEAt,) STATE OF WASHINGTON, / County of Wash. \s.~\ On lhill day person111ly ar,peared before me Otto Schmidt, a single man lo me known to be the indlv:dual described in nnd who oe.~ei:uLed Lhr wilhin nnd £ongoing instrument, and acknowledged that he signed 1he :lllme as Pis free and voluntary act and ~ed, for the uses and purposes therein mentioned, ciJVEN urnler my hand and official seal I.bi!. NOV 30 1962 830f!{Wir~~·WTI ,. . ' • • ~ .t .• ~- Doc: WAKING:PREC 5513395~53033 \)I . 11/11/2016 7:17 AM c.-, = en = = = <Tl en = = = "" RETURN ADDRESS tz Z0'-1 t 4'8f!! /Wl:.-'Sc 1kYv~ , uff'6H1rJjW" q;wsq Please prmt neatly or type mfonnauon l s1 ,1,, Document Title: I 0 1.0P.T ().\S..,,oJ~:b"?:> • )_ Kmg County Fonn--Seller's Notice of On-Site Sewage System Operat10n and Mamtenance Requirements Reference Number(s) of Related Documents: Grantor(s) (Last, First, amd Middle Initial) .:rA~VlS :Teillli Grantee(s) (Last, First, amd Middle Initial) THE PUBLIC Addltlonal Reference #s on page ___ _ Add1t1onal Grantors on page ____ _ Legal Description (abbreviated form: lot, block, plat or section, township, range, ti Z?:.N quarter/quarter) OSE Addmonal legal 1s on page ------ Assessor's Property Tax Parcel/Account Number /12 3aSqoqz.. Addltlonal parcel #son page ----- The Auditor/Recorder will rely on the mformauon provided on this form The staff will not read the documents to venfy the accuracy or completeness of the mdexmg mformauon provided herem C."> en en = c::, = en ~ en = .... = ·= <"" NWMLS form 22U Seller's Notice of OSS Rev 4/01 ©Copynght 2001 Northwest Multiple L1stmg Service ALL RIGHTS RESERVED Page2 of3 KING COUNTY FORM - SELLER'S NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS Assessor's Tax Parcel ID#: / / 2 30$' q O q 2. 1 2 3 Seller 1s the owner of real property within King County, which 1s legally described as follows S!t {IZ.305" Tiff-Yr: 12. N lff(J peq:£ E The above-described real property is served by an on-site sewage system ("OSS"I, The Code of the Kmg County Board of Heallh, Section 13 60 005 establishes certain respon- s1b1ht1es of the OSS owner with respect to the operation and maintenance of an On-site Sewage System, as follows A The OSS owner ts responsible for the continuous proper operation and maintenance of the OSS, and shall 2 3 4 Determine the level of solids and scum m the septic tank at least once every three (3) years for res1dent1al system with no garbage grinder and once every year 1f a garbage grinder 1s installed and, unless otherwise provided m writing by the health officer, once every year for commercial systems Employ an approved pumper to remove the septage from the tank when the level of solids and scum indicates that removal ,s necessary Cause preventive maintenance/system performance monitoring inspections to be conducted and any md,cated service to be performed by an approved person at a minimum frequency in accordance with Table 13 60?1 unless otherwise establtshed by the health officer or the sewage review committee Operate and mamtam all OSS m accordance with this 1ttle, w1ih pertinent alternative system gu1deltnes issued by the DOH [State of Washington Department of Health] and with the approved OSS owner's operating and maintenance instruction manual 5 Protect the OSS area including the reserve area from a. Cover by structures or 1mperv1ous matenal, b Surface drainage, c Soil compaction, for example, by vehicular trafftc or livestock; and d Damage by soil removal and grade alteration 6 Maintain the flow of sewage to the OSS at or below the approved destgn both 1n quantity and waste strength 7 Direct drams, such as footing of roof drams away from the area where the OSS 1s located .. NWMLS Form 22U Seller's Notice of OSS Rev 4/01 ©Copyr,ght 2001 Northwest Multiple L1st1ng S0rv1ca All RIGHTS RESERVED Page 3 of 3 KING COUNTY FORM • SELLER'S NOTICE OF ON-SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS B The owner shall not allow 1 Use or ,ntroduct,on of strong bases, strong acids or organic solvents into an OSS for the purpose of system cleaning, 2 Use of a sewage system addictive unless ,1 ,s spec,flcally approved by the DOH, or 3 Use of an OSS to dispose of waste components atyprcal of res1dent1al wastewater, for example, but not ltmrted to, petroleum products. pamts, solvents, or pestrc1des qrt,.--O I Date Seller Date c., STATE OF WASHINGTON en er, ss: = = = .,.., COUNTY OF KING ) On this l ef-1-1,-.. day of ~t~be,y, ' a-::ro I (year) , before me personally appeared Sexy--1) . 3(1..,V" \I i <.:. N ci._ , tome er/their known to be the md1v1du l(s) descrrbed herern and w o executed the foregoing instrument a free and voluntary act and deed for the uses and purposes herein stated Given under my hand and off1c1al seal this I ~ay of S!-:p~~ , c}-o O I (month) (year) (;n~;·. NOTARY PUBLIC 1n and for the State of Washington, Res1d1ng at &,.CL,~ My Appointment Exp,res O '8 -I'S° -Q..3 After Recording Return to: Weston Heights, LLC Attn: Jeffrey E. Hamilton 15 Lake Bellevue Drive, Suite I 02 Bellevue, WA 98005 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR WESTON HEIGHTS, A PLANNED RESIDENTIAL DEVELOPMENT Grantor: Weston Heights, LLC, a Washington limited liability company Grantee: Weston Heights, LLC, a Washington limited liability company; Weston Heights Homeowners Association, a Washington non-profit corporation Abbreviated Legal Description: Lots I through 12 of Weston Heights, King County, Washington. Full legal description on Page 4 Assessor's Property Tax Parcel/ Account Number: 112305-9092 and 112305-9010 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR WESTON HEIGHTS A PLANNED RESIDENTIAL DEVELOPMENT THIS DECLARATION is made on the date set forth below by Weston Heights, LLC, a Washington limited liability company ("Declarant"). RECITALS A. Declarant is the owner of that certain real property located in King County, Washington, and more particularly described in Article 2 of this Declaration. B. Declarant desires to subject the real property described in Article 2 hereof to the provisions of this Declaration to create a residential community of single-family housing (as "single family" is defined below) and related uses as set forth in Section 6.2 hereof. Page I NOW, THEREFORE, Declarant hereby declares that the real property described in Article 2 of this Declaration, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all or any portion of the real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. ARTICLE I DEFINITIONS 1.1 Words Defined, The following words, when used in this Declaration or in any Supplementary Declaration (unless the context shall prohibit), shall have the following meamngs: I. I. I "Association" shall mean the Weston Heights Homeowners' Association, a Washington nonprofit corporation, its successors and assigns. 1.1.2 "Board of Directors" or "Board" of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Washington Jaw. 1.1.3 "Builder" means any residential homebuilder who purchases a Lot from Declarant for the purpose of constructing a Single Family Home on such Lot. 1.1.4 "Bylaws" shall refer to the Bylaws of the Weston Heights Homeowners' Association. 1.1.5 "Common Areas" shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon as designated on the Plat (as defined below) or as otherwise conveyed to the Association for the common use and enjoyment of the Owners. Specifically, the Common Areas include Tract A which is a detention vault and open space, Tract B which is a wetland, Tract C which is a detention pond, and Private Roads B and C. The Association shall maintain the Common Areas including landscaping and trees within the open space. 1.1.6 "Community" shall mean and refer to that certain real property and interest therein described in Article 2, and such additions thereto as may be made by Declarant by Supplementary Declaration. Page 2 1.1. 7 "Community-Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors. Such determination, however, shall generally be made with reference to the standards originally established by the Declarant. 1.1.8 "Declarant" shall mean and refer to Weston Heights, LLC, and its successors-in-title and assigns, provided any such successor-in-title or assign shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsold portions of the real property described in Article 2; provided, further, such successor Declarant shall hold exclusively all rights of the former Declarant in and to such status as "Declarant" hereunder and the rights of Weston Heights, LLC, shall cease, it being understood that as to all of the property described in Article 2, which is now subjected to this Declaration, there shall be only one "Declarant" hereunder at any one point in time. 1.1.9 "Development Period" shall mean that period of time beginning on the date this Declaration is recorded in the records of King County and ending on the earliest to occur of (i) ten (10) years from the date of recording of this Declaration; or (ii) the date Declarant elects, at a special meeting of the Association in accordance with the Bylaws, to transition the management of the Association from the Declarant to the Owners, or (iii) the date 120 days after Declarant has conveyed 75% of the lots within the Community. 1.1.10 "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation (if any) and Bylaws of the Association, and rules and regulations (if any) of the Community adopted by the Board, as any of the foregoing may be amended from time to time. 1.1.11 "Landscape Plan" shall mean the landscape plan approved by the City of Renton at the time of approval of the Plat which the Association shall maintain in its records, and any amendments or replacements of that landscape plan which have been approved in each instance by the City of Renton. 1.1.12 "Lot" shall mean any plot of land within the Community, whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements, a residential dwelling site as shown on a plat recorded in the records of King County. , 1.1.13 "Mortgage" means any mortgage, deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. A "First Mortgage" means a Mortgage having first lien priority over any other Mortgages. 1.1.14 "Mortgagee" shall mean the holder of a Mortgage. Page 3 1.1.15 "Occupant" shall mean any Person occupying all or any portion of a Single Family Home or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.16 "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the payment or satisfaction of an obligation. 1.1.17 "Person" means any natural person, as well as a corporation, JOmt venture, partnership (general or limited), association, trust, or other legal entity. 1.1.18 "Plat" means the recorded Plat of Weston Heights referenced in Article 2 below. 1.1.19 "Single Family" shall mean a single housekeeping unit, without regard to the construction type or ownership of such unit, that includes not more than four (4) adults who are legally unrelated. 1.1.20 "Single Family Home" shall mean a home intended for occupancy by a Single Family which is constructed on a Lot in accordance with this Declaration. 1.1.21 "Supplementary Declaration" means an amendment or supplement to this Declaration which subjects additional property to this Declaration or that imposes, expressly or by reference, additional or modified restrictions and obligations on the land described therein. 1.1.22 "Total Association Vote" means all of the votes attributable to members of the Association (including votes ofDeclarant). ARTICLE2 PROPERTY SUBJECT TO THIS DECLARATION The real property which is, by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is the real property described on attached Exhibit A. Page4 ARTICLE3 WESTON HEIGHTS HOMEOWNERS' ASSOCIATION 3.1 Description of Association. The Association may, at the election of the Declarant or the Association, be incorporated as a non-profit corporation organized and existing under the laws of the State of Washington. The Association shall be charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents; provided, however, that no such Governing Documents, other than the Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent with this Declaration. 3.2 Board of Directors. Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until termination of the Development Period. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors and officers of the Association during the Development Period. The directors selected by the Declarant need not be Owners. The number of directors shall be as set forth in the Bylaws. Following termination of the Development Period, the Board of Directors shall be elected by the Owners in accordance with the Bylaws. 3.3 Membership. Every Owner of a fee interest in any Lot that is subject to this Declaration shall be deemed to have a membership in the Association and membership in the Association shall consist exclusively of such owners. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the Owner's membership. No Owner, whether one or more Persons, shall have more than one (I) membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The rights and privileges of membership, including the right to vote and to hold office, may be exercised by a member or the member's spouse, but in no event shall more than one (I) vote be cast nor office held for each Lot owned. 3.4 Voting. Members shall be entitled to one (I) vote for each Lot owned. When more than one (I) Person holds an ownership interest in any Lot, the vote for such Lot shall be exercised as those Owners themselves determine and advise the Secretary prior to any meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more than one (I) Person seeks to exercise it. 3.5 Architectural Control Committee. No construction, alteration, addition, refurbishing, or erection of any structure or any nature whatsoever shall be commenced or placed upon any part of the Community, except that which is installed by the Declarant, or is approved in accordance with this Section, or as is otherwise expressly permitted herein. Any such construction, alteration, addition, refurbishing, or erection shall not be made unless and until plans and specifications showing the nature, kind, shape, size and height, architectural design and detail, materials, workmanship, colors, location on site, improvement and site Page 5 grade elevations, and site landscaping shall have been submitted in writing to and approved by the Architectural Control Committee (the "ACC") established pursuant to this Section 3.5. The Board may employ architects, engineers, or other Persons as it deems necessary to enable the ACC to perform its review. Written design guidelines and procedures ("Design Guidelines") may be established by the Board for the exercise of this review, which Design Guidelines may provide for a review fee. Copies of the Design Guidelines shall be available to all Owners upon request for a reasonable fee. 3.5.1 The ACC shall consist of not less than one (1) nor more than five (5) members, who need not be Owners. So long as the Declarant owns any property for development and/or sale in the Community, the Declarant shall have the right to appoint or remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of such right, the Board shall appoint the members of the ACC, however the ACC shall include two members of the Board. 3.5.2 Members of the ACC shall not be entitled to compensation for services performed pursuant to this Section 3 .5. The Association shall defend, indemnify, and hold each members of the ACC harmless for any liability incurred while serving as a member of the ACC. 3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may withhold approval for any reason, including aesthetic considerations, and it shall be entitled to stop any construction in violation of approved plans or this Declaration. 3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS AND BY APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE MEMBERS THEREOF, NOR THE ASSOCIATION ASSUMES LIABILITY OR RESPONSIBILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR FAIL URE TO APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, OR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING Page 6 OUT OF OR IN CONNECTION WITH ANY JUDGMENT, NEGLIGENCE, OR NONFEASANCE AND HEREBY WAIVES THE PROVISIONS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS, DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS GIVEN. 3.6 Bylaws, Rules and Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend bylaws, rules and regulations governing the Community, provided that such bylaws, rules and regulations shall not be inconsistent with this Declaration and shall apply uniformly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties or fines for their violation. Any such bylaws, rules and regulations shall become effective thirty (30) days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the bylaws, rules and regulations then in force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial bylaws, rules and regulations. ARTICLE4 ASSESSMENTS 4.1 Purpose of Assessment. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of Lots, including the maintenance of real and personal property, all as may be more specifically authorized from time to time by the Board of Directors. 4.2 Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (i) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (iii) specific assessments established pursuant to the terms of this Declaration, including, but not limited to, reasonable fines imposed in accordance with the terms of this Declaration. 4.2.1 All such assessments, together with (i) late charges, (ii) interest set by the Board, not to exceed the maximum rate permitted by law (but not to exceed twelve percent (12%) per annum), and (iii) costs, including, without limitation, reasonable attorneys' fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made. Assessments shall accrue on each Lot from the date provided in Section 4.10 below. 4.2.2 Each such assessment, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, shall also be the Page 7 personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Each Owner shall be personally liable for the portion of each assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to the holder of any First Mortgage taking title through foreclosure proceedings or deed in lieu of foreclosure. 4.2.3 The Association shall, within five (5) business days after receiving a written request therefor and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Such certificate shall be binding upon the Association as of the date of issuance. 4.2.4 Annual assessments in the amount of $800.00 shall be levied equally on all Lots. Assessments shall be paid in such manner and on such dates as may be fixed by the Board. Unless otherwise provided by the Board, the assessment shall be paid in annual installments. 4.2.5 Notwithstanding the provisions set forth above, the Declarant shall not be liable for any assessments. 4.3 Adoption of Budget. It shall be the duty of the Board to prepare and adopt a budget covering the estimated costs of operating the Association during the coming year and the assessments to be levied against each Lot, which may include an amount for capital reserves in accordance with a capital budget separately prepared. The Board shall cause a summary of the proposed operating and capital budgets and the proposed assessments against each Lot for the following year to be mailed to each Owner. For calendar years after 2016, the Board shall set a date for a special meeting of the Owners to consider ratification of the budget within thirty (30) days after adoption by the Board and not less that fourteen (14) nor more than sixty (60) days after the mailing of the proposed budgets and assessments. Unless at such meeting the budget is rejected by at least seventy-five percent (75%) of the Total Association Vote, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the budget in effect for the then current year shall continue in effect until the Owners ratify a subsequent budget. 4.4 Initial Assessment Amount. Upon the sale of each Lot by the Declarant (whether to Builder or otherwise), each Lot Owner, at the time of his/her purchase of the Lot, shall pay an initial start-up assessment to the Association in the amount of $800.00 ("Initial Assessment"). If the first sale of a Lot is to a Builder, the Builder shall be entitled to collect reimbursement of the Initial Assessment from the first purchaser of a Lot developed with a completed Single Family Home. The Initial Assessment in this Section 4.4 shall be in addition to any annual assessment provided for in this Article 4 and shall be for the purpose of reimbursing the Declarant and/or Association for maintenance and operating expenses of and Page 8 for the Common Areas during the initial development and house sales period. Notwithstanding the provisions set forth above, the Declarant shall not be liable for any Initial Assessments assessed or due so long as Declarant owns any Lot. The Board shall create reserve accounts for anticipated expenses for repairs, replacements, and improvements which will occur in the future in order to accumulate sufficient funds to pay such expenses when they occur. The operation of reserve accounts and assessments for reserve accounts shall be further governed by the Bylaws. 4.5 Revised Budget. If the financial circumstances or needs of the Association materially change during any year, the Board may prepare and adopt a revised budget and assessments for the balance of the year. The Board shall cause a summary of the proposed revised budget and assessments to be mailed to each Owner and shall set a date for a meeting of the Owners to consider ratification of the revised budget and assessments in the same manner as the regular annual budget as set forth in Section 4.3 above. 4.6 Special Assessments. In addition to the other assessments authorized herein, the Association may levy special assessments from time to time including for the cost of capital improvements; provided, however, any assessment for the purchase of property or for the addition to or improvement of the Common Areas which exceeds $5,000 shall require the approval of Owners holding a majority of the Total Association Votes. Special assessments shall be paid as determined by the Board, and the Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed. 4. 7 Lien for Assessments. All sums assessed against any Lot pursuant to this Declaration, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on such Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot, except for (a) liens for ad valorem taxes; or (b) liens for all sums unpaid on a First Mortgage or on any Mortgage to Declarant duly recorded in the records of King County and all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrument. All other Persons acquiring liens or encumbrances on any Lot after the recording of this Declaration shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prior consent is specifically set forth in the instruments creating such liens or encumbrances. 4.8 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment or installment thereof delinquent for a period of more than ten (10) days shall incur a late charge in an amount as the Board may from time to time determine. The Association shall cause a notice of delinquency to be given to any member who has not paid within ten (I 0) days following the due date. If the assessment is not paid within thirty (30) days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set by the Board from time to time, on the principal amount due, late charges, costs of collection, Page 9 including, without limitation, reasonable attorneys' fees actually incurred, and any other amounts provided or permitted by law. 4.8.1 In the event that the assessment remains unpaid after sixty (60) days, the Association may, as the Board shall determine, institute suit to collect such amounts and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association or its agents the right and power to bring all actions against such Owner personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. 4.8.2 The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same. 4.8.3 No Owner may waive or otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration, but not limitation, abandonment of the Lot. 4.8.4 All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent assessments. 4.9 Suspension for Nonpayment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of thirty (30) days, said Owner's voting rights shall, without the necessity of any further action by the Association, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessments by non-use of the Common Areas or by abandonment of a Lot. 4.10 Date of Commencement of Assessments. Assessments shall accrue on the earlier of the date which is (i) two (2) years from the recording of this Declaration, or (ii) at the closing of the first sale of a Lot by the Declarant (whether to a Builder or otherwise). 4.11 Specific Assessments. In addition to the general and special assessments outlined above, the Board shall have the power to levy such specific assessments pursuant to this Section 4.11 as, in its discretion, it shall deem appropriate. All other terms and conditions of this Article 4 relating to general and special assessments shall apply to the levy and collection of the specific assessments covered hereby and the Association shall have all powers and remedies for collection and enforcement of such assessments as are applicable to the general and special assessments set forth above. Fines levied pursuant to Section 11.1 of this Declaration and the costs of maintenance performed by the Association for which the Page 10 Ov,,ner is responsible under Sections 5.3 and 5.4 of this Declaration shall be specific assessments. 4.12 Common Areas Exempt. The Common Areas shall be exempt from assessments by the Association. ARTICLE 5 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 5.1 Maintenance of the Common Areas. The Association shall maintain and keep in good repair the Common Areas including storm drainage facilities, private roads and critical areas (Tracts A, B, C and Private Roads Band C) and any Common Areas acquired by the Association in the future. If streetlights are installed and there is no procedure for billing individual lot owners, then the Association shall pay the bills for the streetlights. The Association shall also maintain all other facilities serving the Community not dedicated to or maintained by a public entity. The foregoing maintenance shall be performed consistent with the Community-Wide Standard. 5.2 Property Not Owned by Association. The Association shall have the right, but not the obligation, to maintain other property, whether or not owned by the Association and whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. Without limiting the foregoing, the Association shall have the right, but not the obligation, to maintain the landscaped areas within Road A. Without limitation of the foregoing, the Association may enter into a joint maintenance agreement with adjoining property owners or associations for the repair, maintenance and replacement of any shared facilities or other property. 5.3 Damage Caused by Owner. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner, the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. 5.4 Owner's Responsibility. Subject to Sections 5.1, 5.2 and 5.3 above, each Owner shall have the following maintenance obligations which shall be performed consistent with the Community-Wide Standard: 5.4.1 Each Owner shall maintain, repair and replace all structures (including the Single Family Home), parking areas, landscaping, and other improvements on such Owner's Lot, and the landscaping on any area fronting such Owner's Lot; Page 11 5.4.2 Each Owner shall maintain, repair and replace those drainage facilities benefiting such Owner's Lot which are located within those easement areas described under the "Private Easement Provisions" on Sheet 2 of the Plat. 5.4.3 Each Owner shall maintain and replace as necessary all landscaping installed by Declarant pursuant to the landscaping plan which is either on or abuts such Owner's Lot. For example, there are several perimeter trees identified on the landscaping plan which must be maintained and replaced if they die to satisfy the requirements of King County. 5.1.4 Each Owner shall maintain, repair and replace in uniform appearance any perimeter fencing for such Owner's Lot. The Owners of Lots which share a common boundary shall jointly maintain any perimeter fencing along that common boundary and shall equally share the resulting cost. 5.1.5 Any Owner who requires access to another Lot to perform maintenance and repairs shall provide written notice to the other of such Lot before entering, shall schedule entry so as to minimize disruption, and shall restore such Owner's Lot to its prior condition upon completion. All work shall be performed utilizing best construction practices and shall be performed by qualified licensed contractors. 5.1.6 In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten (I 0) days after receipt of such notice within which to complete such maintenance, repair, or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten (I 0) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot. 5.5 Conveyance of Common Areas by Declarant to Association. The Plat grants and conveys Tracts A, B, C and Private Road B to the Association and the Association accepts that conveyance and shall maintain those Tracts as required by this Declaration. The Association also agrees to assume and perform all maintenance and repair obligations of Weston Heights, LLC relating to Private Road C, in accordance with the Amended and Restated Non-Exclusive Access, Utility and Landscape Easement recorded under King County Recording No. . Declarant may convey any other Common Areas to Page 12 the Association, including any personal property and any improved or unimproved real property, leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Areas to be maintained by the Association. The Common Areas are subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors and assigns in accordance with the terms and conditions of the Governing Documents. Such rights to use the Common Areas are appurtenant to and shall not be separated from ownership of any Lot and shall not be assigned or conveyed by any Lot Owner in any way except upon the transfer of title to such Lot, and then only to the transferee of such title and shall be deemed so conveyed whether or not it shall be so expressed in the deed or other instrument conveying title. Certain rights of use, ingress, egress, occupation, and management authority in the Common Areas set forth elsewhere in this Declaration shall be reserved to Declarant for the duration of the Development Period. Declarant shall not be required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this Section. 5.6 Further Restrictions on Common Areas. Common Area Tracts A, B and C which are designated on the Plat as open space, critical areas, and stormwater detention facilities are restricted to those uses specified in the Plat. If any Common Area is currently owned or is acquired in the future which is designated as a steep slope, as a wetland, as a buffer, as a native growth protection area or as any other type of sensitive or critical area, then use of such Common Area shall be limited to activities approved by the municipality which designated such Common Area as sensitive or critical. Notwithstanding the provisions in this Article 5, or in Section 10.1 below, or in any other provision of this Declaration, there shall be no right or easement of ingress and egress, use and enjoyment in or to such Common Area. Access shall be limited to maintenance activities approved by the municipality. ARTICLE6 USE RESTRICTIONS AND RULES 6.1 General/Rules and Regulations. This Article, beginning at Section 6.2, sets out certain use restrictions which must be complied with by all Owners and Occupants. These use restrictions may only be amended in the manner provided in Section 11.3 hereof regarding amendment of this Declaration. In addition, the Board may, from time to time, without consent of the Owners, promulgate, modify, or delete other use restrictions and rules and regulations applicable to the Community. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special meeting by a majority of the Total Association Vote and the consent of Declarant during the Development Period. 6.2 Residential Use. Except as provided in this Section, all Lots shall be used for single-family residential purposes exclusively with the exception that certain home occupations may be permitted, subject to the guidelines and rules established by the Board, if Page 13 any, and subject to approval by the Board. Such home occupations may be limited to certain business uses, shall not create any disturbance, noise, or unsightliness, shall not unduly increase traffic flow or parking congestion, and shall not be in violation of any of the provisions of the Governing Documents. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules and regulations. 6.3 Building and Landscaping Requirements and Restrictions. All residences constructed within the Community by any Person shall be subject to design review and approval by the ACC which may cover the minimum size, architectural style, height, scope of improvements, quality of design, materials, workmanship, and siting standards. Without restricting or limiting the authority of the ACC pursuant to Section 3.5 in approving or disapproving of any specific proposal, the following restrictions shall apply to the Community in general: 6.3.1 Only one Single Family Home shall be permitted on each Lot. Two story or split level homes shall include no less than 1,300 gross square feet of living space, exclusive of one-story open porches and garages. One story homes shall include no less than 1,000 gross square feet of living space, exclusive of one-story open porches and garages. 6.3.2 Except for the initial construction of Single Family Homes in the Community by Declarant or Builder, any remodeling or exterior addition to any Single Family Home or other structure erected or placed on any Lot shall be completed as to external appearance, including finished painting, within six (6) months after the date of commencement of construction. All front, side and rear yard landscaping must be completed within six (6) months from the date of closing of the purchase of the Single Family Home by the Owner from the Declarant or Builder. In the event that strict enforcement of this provision would cause undue hardship due to weather conditions, this provision may be extended for a reasonable length of time when approved by the ACC. 6.3.3 All Single Family Homes within the Community shall contain a garage; carports shall not be permitted. Unless otherwise approved by the ACC, all garages must be attached to, or incorporated in and made a part of, the Single Family Home constructed upon a Lot. In granting waivers to this requirement, the ACC will consider functional necessity and architectural desirability. 6.3.4 All driveways and parking areas shall be paved with material approved by the ACC. 6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six (6) feet high or extending into the front yard of any Single Family Home shall be erected, allowed or maintained upon any Lot, without the prior written consent of the ACC. All fences shall be constructed of wood material unless approved by the ACC. Any such fence shall be strictly in compliance with the design attached hereto on Exhibit B. Page 14 6.3 .6 Each home constructed on a Lot shall be built of new materials except, with approval of the ACC, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone, brick or stucco. Types and colors of exterior paint and stain must be submitted to the committee for approval. Any change to the exterior color of any improvement located on a Lot, including, without limitation, the dwelling, must be approved by the ACC. 6.3. 7 All roofs on dwellings and garages shall be of composite, tile or cedar shake and shall have a minimum pitch of four/twelve. 6.3.8 No owner shall grade, fill or otherwise alter the slope or contour of any Lot, construct or alter the drainage patterns initially installed and constructed by Declarant or Builder, or as established by the grading and natural course of surface and subsurface water run-off without first obtaining i) recommendations from a soils engineer or civil engineer, as appropriate, duly licensed by the State of Washington, ii) any and all necessary governmental approvals and permits and iii) written approval of the ACC, if any. No Owner shall perform any such work except in conformance with the recommendations, plans and specifications of such engineer. 6.4 Signs. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the ACC. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs including, without limitation, signs related to Declarant' s development and marketing of Single Family Homes within the Community. In addition, "For Sale" signs and security signs consistent with the Community-Wide Standard and any signs required by legal proceedings may be erected upon any Lot. 6.5 Vehicles. The term "vehicles" as used herein shall include, without limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, jet skis, trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-carts, dune buggies and any other towed or self-propelled transportation type vehicle. The term "passenger vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. "Parking areas" shall refer to the number of garage parking spaces and driveway areas in front of garages. However, driveway areas shall be considered "parking areas" for passenger vehicles only. 6.5.1 No vehicles other than passenger vehicles in regular use may be parked on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area on a Lot, if such screened area is approved by the ACC. Any vehicle regularly parked in an unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a nuisance and may be removed from the Community. Page 15 6.5.2 No passenger vehicles may be parked on any Lot or portion of the Community except in "parking areas" as defined in this Section. 6.5.3 Any passenger vehicle which is inoperable or unlicensed and not capable of use on the public highways and which is parked on any parking area for a period of more than forty-eight ( 48) hours shall be treated the same as a non-passenger vehicle and shall be considered a nuisance and may be removed from the Community. 6.5.4 The Board may adopt and maintain current rules and regulations concerning the parking and storage of vehicles on any Lot or any portion of the Community. Said rules are to protect the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations may provide for exceptions and/or modifications to the conditions of this Section as determined in the sole discretion of the Board. The Board shall rule on any dispute as to the interpretation or application of this Section and all rules and regulations established by the Board with respect to vehicles. 6.5.5 Off-street parking for at least three (3) passenger vehicles shall be provided on each Lot. Covered enclosed parking shall be provided for one ( 1) or more passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles, unless approved by the ACC. 6.6 Vehicles on Common Areas. No motorized vehicles shall be permitted on pathways or unpaved Common Areas except vehicles being used for the limited purpose of operating and maintaining utilities. 6. 7 Leasing. Lots may be leased for residential purposes. All leases shall have a minimum term of at least six (6) months. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, Bylaws, and rules and regulations of the Association. 6.8 Occupants Bound. All provisions of the Declaration, Bylaws, and of any rules and regulations, which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 6.9 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept in the Community; provided, however, that conventional household pets may be kept on a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any commercial purposes. Owners shall be responsible for the immediate clean up and removal of all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet. Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board shall have the authority to determine whether a particular pet is a nuisance or a source of Page 16 annoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered, licensed and inoculated from time to time as required by law. 6.10 Mining Prohibited. No portion of the Community shall be used for the purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons, minerals, gravel, or earth. 6.11 Nuisance. Each Owner and Occupant shall prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No illegal, illicit, noxious or offensive activity shall be carried on within the Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law or unless specifically approved by the ACC. 6.12 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly of and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the storage of equipment, machinery, construction supplies or any similar material on a Lot outside of the Single Family Home and garage constructed thereon is strictly prohibited except as required during the remodeling or refurbishing of improvements on such Lot and then for not more than sixty (60) days. 6.13 Antennas. No outside radio antenna, television antenna, microwave or satellite dish, aerial, or other such device (collectively "Antennas") with a diameter or diagonal measurement in excess of one meter shall be erected, constructed or placed on any Lot. Reasonable restrictions which comply with Federal, State and local laws and do not significantly increase the cost of the Antenna system or significantly decrease its efficiency or performance may be imposed by the ACC on Antennas with a diameter or diagonal measurement of one meter or less. 6.14 No Obstruction of Easements. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant may obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves for the benefit of Declarant and the Association and their respective successors and assigns a Page 17 perpetual easement across all Common Areas and Lots for the purpose of maintaining or altering drainage and water flow. No structure, planting, or other material shall be placed or permitted to remain upon any easement which may damage or interfere with the installation and maintenance of any utilities, unless approved by the Board prior to installation. At no time shall any access easements be blocked. 6.15 Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street comers. No fence, wall, hedge or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem as determined by the ACC in its sole discretion. 6.16 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, air- conditioning compressors, machinery, equipment and other similar items related to the operation of the Single Family Home shall be located or screened so as to be concealed from view from the street abutting the Lot on which such items are located. All rubbish, trash, and garbage shall be regularly removed and shall not be allowed to accumulate. Trash, garbage, debris, or other waste matter of any kind may not be burned within the Community. 6.17 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the ACC. Declarant, however, hereby expressly reserves the right to re-plat any Lot or Lots owned by Declarant. Any such division, boundary line change, or re-platting shall not be in violation of the applicable subdivision and zoning regulations. 6.18 Guns. The discharge of firearms in the Community is prohibited. The term "firearms" includes without limitation BB guns, pellet guns, and firearms of all types. 6.19 Utilities. Except as may be permitted by the ACC, no overhead utility lines, including lines for cable television, shall be permitted within the Community, except for temporary lines as required during construction and except as such lines exist upon recording of the plat of the Community or as required by utilities serving the Community. 6.29 Lighting. No colored lights ( except holiday displays and yellow insect type lights) shall be permitted at any location within the Community. All exterior fixtures that are attached to the Single Family Home shall be of compatible design and materials of the Single Family Home. Any post mounted exterior fixtures shall be of compatible design and materials as the fixtures attached to the Single Family Homee. No fixtures which illuminate and excessively glare onto any other Lot shall be permitted, and all exterior lights shall be screened to minimize impacts of light and glare. No unshielded spot/floodlight fixtures are permitted. 6.21 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard of any Lot unless approved by the ACC. Page 18 6.22 Mailboxes. All mailboxes located on Lots shall be of a style approved by the ACC. Mailboxes shall be attached only to stands provided and maintained by the Association in designated locations. 6.23 Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot unless entirely screened from view from other Lots. 6.24 Exterior Security Devices. No exterior security devices, including, without limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system are permissible. 6.25 Construction and Sale Period. So long as Declarant owns any property in the Community for development and/or sale, the restrictions set forth in this Article 6 shall not be applied or interpreted so as to prevent, hinder or interfere with development, construction and sales activities of Declarant, Builder, or any builder or developer approved by Declarant. ARTICLE 7 INSURANCE AND CASUALTY LOSSES 7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the Association shall have the authority to and shall obtain or cause to be obtained insurance as follows: 7 .1.1 The Board shall obtain insurance on all insurable buildings owned by the Association (other than the Single Family Homes which shall be insured by the Owners) and, where the Board deems there to be a reasonable risk, other substantial structures whether or not such buildings or structures are located on the Common Areas and which the Association is obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. Insurance on other substantial structures shall cover those risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by the Board. The Board may insure other types of improvements, including entry monuments, landscaping, and the like, as it deems advisable. With respect to such other improvements, the Board shall determine the risks to be insured and the amounts of insurance to be carried. 7.1.2 The Board shall obtain a public liability policy applicable to the Common Areas covering the Association and its members for all damage or injury caused by the negligence of the Association or any of its members or agents, and, if reasonably available, directors' and officers' liability insurance. The public liability policy shall have a combined single limit of at least One Million Dollars ($1,000,000.00) unless otherwise determined by the Board. Page 19 7 .1.3 The Board is hereby authorized to contract with or otherwise arrange to obtain the insurance coverage required hereunder through the Declarant and to reimburse Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to purchase such insurance coverage for the benefit of the Association and the Owners upon Declarant and the Association agreeing upon the terms and conditions applicable to reimbursement by the Association for costs incurred by Declarant in obtaining such coverage. Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be required to comply with the provisions of this Article if the Board has contracted for or otherwise arranged to obtain the required insurance coverage through the Declarant. 7.1.4 Premiums for all insurance shall be common expenses of the Association. The policies may contain a reasonable deductible, and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the insurance at least equals the full replacement cost. 7 .1.5 In the event insurance premiums in connection with the insurance required by this Article 7 become prohibitively expensive, in the judgment of the Board, the Board may with approval of seventy-five percent (75%) of the Total Association Vote reduce the amount of the required insurance, self-insure itself, or discontinue the insurance all together. 7.2 Policy Requirements. All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association, as trustee for the respective benefited parties. Such insurance shall be governed by the provisions hereinafter set forth: 7.2.1 All policies shall be written with a company authorized to do business in Washington. 7.2.2 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto. 7.2.3 In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by the Association shall be primary. 7.2.4 All casualty insurance policies shall have an inflation guard endorsement and an agreed amount endorsement if these are reasonably available and all insurance policies shall be reviewed annually by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in King County. 7.3 Other Insurance. In addition to the other insurance required by this Article 7, the Board shall obtain worker's compensation insurance, if and to the extent necessary to Page 20 satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds, if reasonably available. The Association shall obtain additional insurance coverage, if and to the extent necessary to satisfy the requirements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S. Department of Veterans Affairs, or the U.S. Department of Housing and Urban Development. 7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner acknowledges that the Association has no obligation to provide any insurance for any portion of individual Lots or the Single Family Homes constructed thereon, and each Owner covenants and agrees with all other Owners and with the Association that each Owner shall at a minimum, carry fire and extended coverage casualty insurance on the Lot and all structures constructed thereon in an amount sufficient to cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard. 7.5 Damage and Destruction -Insured by Association. 7.5.1 Immediately after damage or destruction by fire or other casualty to all or any portion of any improvement covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of 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 same condition and location that existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. The Board of Directors shall have the enforcement powers specified in this Declaration necessary to enforce this provision. 7.5.2 Any damage or destruction to property covered by insurance written in the name of the Association shall be repaired or reconstructed unless, within sixty (60) days after the casualty, at least seventy-five percent (75%) of the Total Association Vote otherwise agree. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within such period, then the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed. 7.5.3 If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a vote of the Association's members, levy a special assessment against all Owners in proportion to the number of Lots Page 21 owned by such Owners. Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association. 7.5.4 In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then and in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Community by the Association in a neat and attractive condition. 7.6 Damage and Destruction -Insured by Owners. The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner thereof within seventy-five (75) days after such damage or destruction or, where repairs cannot be completed within seventy-five (75) days, they shall be commenced within such period and shall be completed within a reasonable time thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and remove all debris therefrom within seventy-five (75) days after such damage or destruction. In the event of noncompliance with this provision, the Board of Directors shall have all enforcement powers specified herein. 7.7 Insurance Deductible. The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction, be allocated among the Persons who are responsible hereunder as determined by the Board in its reasonable discretion. If the Board does not determine that there are responsible parties, then the deductible shall be a common expense of the Association. ARTICLES CONDEMNATION In the event of a taking by eminent domain of any portion of the Common Areas on which improvements have been constructed, then, unless within sixty (60) days after such taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Areas to the extent lands are available therefor. The provisions of Section 7 .5, above, applicable to Common Areas improvements damage, shall govern replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced. Page 22 ARTICLE9 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders of First Mortgages on Lots in the Community. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 9.1 Notices of Action. An institutional holder, insurer, or guarantor of a First Mortgage, who provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an "eligible holder"), will be entitled to timely written report as to the current status of said Lot with respect to the following: 9.1.1 Any condenmation loss or any casualty loss which affects a material portion of the Community or which affects any Lot on which there is a First Mortgage held, insured, or guaranteed by such eligible holder; 9 .1.2 Any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder. 9.2 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 Areas. 9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 9.4 VA/HUD Approval. As long as the Declarant has the right to appoint and remove the directors of the Association and so long as the project is approved by the U.S. Department of Housing and Urban Development ("HUD") for insuring or the U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the Community the following actions shall require the prior approval of the VA and/or HUD as applicable: dedication of Common Areas to any public entity; mergers and consolidations; dissolution of the Association, and material amendment of the Declaration, Bylaws or Articles of Incorporation. 9.5 Applicability of Article 9. 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. 9.6 Amendments by Board. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such Page 23 requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 10 EASEMENTS 10.1 Easements for Use and Enjoyment. 10.1.1 Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas (subject to Section 5.6) which shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions: Page 24 I 0.1.1.1 the right of the Association to charge reasonable fees for the use of any portion of the Common Areas, to limit the number of guests of Lot Owners and tenants who may use the Common Areas, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by an Owner, his family, tenants, guests, and invitees; I 0.1.1.2 the right of the Association to suspend the voting rights of an Owner and the right of an Owner to use certain Common Areas for any period during which any assessment against such Owner's Lot remains unpaid; 10.1.1.3 the right of the Association to borrow money for the purpose of improving the Common Areas, or any portion thereof, or for construction, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveying all or any portion of the Common Areas; provided, however, the lien and encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other property located within the Community; and I 0.1.1.4 the right of the Association to dedicate or transfer all or any portion of the Common Areas subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by the affirmative vote of at least seventy-five percent (75%) of the Total Association Vote; provided, however, that during the Development Period, Declarant may, on its sole signature, dedicate or transfer portions of the Common Areas, so long as such transfer or dedication does not materially and adversely affect the Association or any Lot Owner. 10.1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased. 10.2 Easements for Utilities. There is hereby reserved to the Declarant, the Association and any utility providers designated by either the Declarant or the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving the Community or any portion thereof, including, but not limited to, gas, water, sanitary sewer, storm sewer, cable television, telephone and electricity. It shall be expressly permissible for the Declarant, the Association, or the designee of either, as the case may be, to install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and maintaining of such wires, conduits, cables and other equipment related to the providing of any such utility or service. This easement shall be utilized so as to not umeasonably interfere with improvements constructed upon any Lot and the building envelope for any unimproved Lot. Should any party furnishing any such utility or service request a specific license or easement by separate recordable document, the Board shall have the right to grant such easement. 10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required under Article 5. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 10.4 Easement for Private Landscape and Visual Barrier. The 10 foot private landscape and visual barrier easements located across Lots 1, 2, 3, 7, 8 and 9 as shown on the plat map for Weston Heights, are hereby reserved for and granted to Lots 1, 2, 3, 7, 8 and 9. The Owners of said Lots are responsible for the maintenance of landscaping within said easement serving their respective Lot. Access is hereby granted to the City of Renton and the Homeowners' Association for inspection and maintenance. 10.5 Easement for Entry Features. If Declarant installs an entry feature, there is hereby reserved to the Declarant and the Association an easement for ingress, egress, installation, construction, landscaping and maintenance of entry features and similar street- scapes for the Community, as more fully described on the recorded subdivision plat for the Community or any other recorded instrument, easement or conveyance. The easement and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features. Page 25 10.6 Construction and Sale Period Easement. Notwithstanding any provisions contained in this Declaration, the Bylaws, Articles of Incorporation, rules and regulations, design guidelines, and any amendments thereto, so long as Declarant owns any property in the Community for development and/or sale, Declarant reserves an easement across all Community property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Community as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient, or incidental to Declarant's and such builder's or developer's development, construction, and sales activities related to property described above, including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without limitation, any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap-on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to construct and operate business offices, signs, construction trailers, model residences, and sales offices. Declarant and any such builder or developer may use residences, offices, or other buildings owned or leased by Declarant or such builder or developer as model residences and sales offices. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. During the Development Period, this Section shall not be amended without the Declarant' s express written consent. 10.7 Private Access and Utility Easement -Lots 7, 8 and 9. The 15 foot private access and utility easement located across Lots 8 and 9 as shown on the plat map for Weston Heights, is hereby reserved for and granted to Lots 7, 8 and 9. The owners of Lots 7, 8 and 9 shall be jointly responsible for the maintenance of the driveway surface and utilities within said easement area. 10.8 Private Waterline Easement -Lots 8 and 9. The 15 foot private waterline easement located across Lots 8 and 9 as shown on the plat map for Weston Heights, is hereby reserved for and granted to Lots 8 and 9. The owners of Lots 8 and 9 shall be jointly responsible for the maintenance of the waterline within said easement area. 10.9 Private Access, Utility and Landscaping Easement -Lots 10, 11, and 12. The 35 foot private access, utility and landscape easement located across Lots 10, 11, and 12 as shown on the plat map for Weston Heights, is hereby reserved for and granted to Lots I 0, 11 and 12. The owners of Lots I 0, 11, and 12 shall be jointly responsible for the maintenance of the driveway surface, utilities, and landscaping within said easement area. Page 26 ARTICLE 11 GENERAL PROVISIONS 11.1 Enforcement. Each Owner and Occupant shall comply strictly with the Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. After notice and an opportunity to be heard by the Board of Directors or by a representative designated by the Board, and in accordance with rules and regulations adopted by the Board, the Board may levy reasonable fines for violations of the above (in addition to any late charges that may be assessed in connection with the late payment of assessments or other Association charges) in accordance with a previously established schedule adopted by the Board and furnished to the Owners, which fines shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any O\'.ner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. 11.2 Duration. This Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns, perpetually to the extent provided by law; provided, however, so long as and to the extent that Washington law limits the period during which covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after which time, any such provision shall be (a) automatically extended (to the extent allowed by applicable law) for successive periods of ten (I 0) years, unless a written instrument reflecting disapproval signed by the then Owners of at least seventy-five percent (75%) of the Lots and the Declarant (so long as the Declarant owns any property for development and/or sale in the Community) has been recorded within the year immediately preceding the beginning of a ten (10) year renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated to the extent specified therein; or (b) extended as otherwise provided by law. Every purchaser or grantee of any interest (including, without limitation, a security interest) in any real property subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section. 11.3 Amendments. 11.3 .I This Declaration may be amended unilaterally at any time and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment is necessary to Page 27 enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or (iv) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as Declarant owns any property for development and/or sale in the Community, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner. 11.3.2 This Declaration may also be amended upon the affirmative vote or written consent, or any combination thereof, of the Owners of at least seventy-five percent (75%) of the Total Association Vote and the consent of Declarant (so long as the Declarant owns any Lot in the Community). Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. 11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof without the written consent of all Owners of all portions of the property located within the Community and without the written consent of all holders of all Mortgages encumbering any portion of the property, including, but not necessarily limited to, the Lots located within the Community. 11.5 Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 11.6 Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. 11. 7 Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. Page 28 11.8 Perpetuities. If any of the covenants, conditions, restnclions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now-living descendants of the individuals signing this Declaration. 11.9 Indemnification. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association ( except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association may, at the discretion of the Board, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 11.10 Books and Records. This Declaration, the Articles of Incorporation, the Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership register, books of account, and minutes of meetings of the members of the Board and of committees shall be made available pursuant to reasonable procedures established by the Board for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any First Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a First Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 11.11 Financial Review. At least annually, the Board of Directors shall prepare, or cause to be prepared, a financial statement of the Association. Upon written request of any institutional holder of a First Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of such financial statement within ninety (90) days of the date of the request. 11.12 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner Page 29 shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require. 11.13 Agreements. Subject to the prior approval of Declarant (so long as Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community) all agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Ovmers, their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 11.14 Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule or regulation, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 11.15 Variances. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any Design Guideline rule, regulation or use restriction established pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community. 11.16 Litigation. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy-five percent (75%) of the Total Association Vote. This Section shall not apply, however, to (i) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens), (ii) the imposition and collection of assessments as provided in Article 4 hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims brought by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof, or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. ARTICLE 12 ANNEXATION AND WITHDRAWAL OF ADDITIONAL PROPERTIES 12.1 Annexation and Withdrawal by Declarant. Although not obligated to do so, Declarant reserves the right to develop as single family residential subdivisions additional lands that would be in addition to and are nearby the land described in Exhibit A ("Additional Lands"). Declarant may cause all or any portion of such Additional Lands to be annexed to the existing Community without the assent of the members of the Association; PROVIDED, Page 30 however, that the annexation of Additional Lands described in this Article shall be adjacent to the then existing Community. Such Additional Lands shall be deemed "adjacent" to the existing Community even if separated therefrom by land which: (i) is owned by Declarant, the Association or the Lot Owners as tenants in common; or (ii) is owned by or dedicated to the public or a governmental agency or instrumentality; or (iii) is available for the use or benefit of the Association or Lot Owners by easement or otherwise; or (iv) is a public or private street, path, bicycle path, railroad track or other improvement or easement for public transportation or utility service. Although not obligated to do so, Declarant reserves the right to discontinue development of and withdraw from the Community any unplatted land within the Community, including any Additional Lands previously annexed, or any Subsequent Phase Property, without the assent of the members of the Association. 12.2 Non-Declarant Annexations. Annexation of Additional Lands other than Declarant annexations provided for in Section 12.1 hereof shall require the assent of the Owners, Mortgagees and Declarant as provided in Section 11.3. 12.3 Common Areas Within Additional Lands. Common Areas within any Additional Lands subsequently annexed to the existing Community shall be available for the common use of all Owners of Lots within the existing Community as well as within such subsequently annexed Additional Lands. Likewise, Common Areas within the existing Community shall be available for the common use of all Owners of Lots within such subsequently annexed Additional Lands as well as within the existing Community. Page 31 EXECUTED as of ,2017. -------- DECLARANT: WESTON HEIGHTS, LLC, a Washington limited liability company By: _____________ _ Jeffrey E. Hamilton, CFO STATE OF WASHINGTON ) ) ss. County of KING ) On this __ day of , 2017, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jeffrey E. Hamilton, to me known to be the Chief Financial Ofiicer of Weston Heights, LLC, a Washington limited liability company, that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. (Type/Print Name) NOTARY PUBLIC in and for the State of Washington, residing at ______ _ My appointment expires. ______ _ Page 32 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY PARCEL A LOT A OF KING COUNTY SHORT PLAT NO. 175040, RECORDED UNDER RECORDING NUMBER 7503280518, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 100 FEET OF THE WEST 267.96 FEET THEREOF. PARCEL B THE NORTH 100 FEET OF THE WEST 267.96 FEET OF LOT A OF KING COUNTY SHORT PLAT N0.175040, RECORDED UNDER RECORDING NUMBER 7503280518, IN KING COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Page 33 EXHIBIT "B" FENCE DESIGN = / r 8' -,Z,' MAX. l - ~~ --TAJ! 6 )( Ii/ <( I: ~ ' 1~s.. ,I) """'"'" II 1"611:'!:! ''""'"' $let) Al"IN$ l'!!Ne!e -~ ~ I I -;?' I I '-114• MA><. ,.,. .... ,N6 "\..1"X6" C::.~M eo~ I: I I ;. I I N a,....-U l"M" C,!I)AA eoHtD. ToeAAIL -""~ TQ ,-.T. !905T~"'-ln 2"X4~ Get,.AJll !90A!U,. ToeNAIL. TO 18.T. !DOST 'i I: ~ 4"X4" ,r..,. i-.T. i-osr C>AAIN ,I I . I I '.I 1 · I f. 4'X4' Pl'.T.~T ~- I I I I I L.J 11 / ' 'I I ~J:j ::::: .'c' iliJ "X6" l'°05T C,,AfO :Z"X4" cei::,A,t, 50A,U,. ToeNAU .. TO P.T. !DOST t I DETAILS Page 34 ----........ ~~--j ' .. · DETAIL. A FULL PANEL CEDAR FENCE-C NOT TO SCALE (CAPPED b') -·" .. ' ' ------·"'""'' ,---·-,,:.,.-,,-...,,,.,..,,..._..., .. ,....,, _-;:;:, ', i.i;,f!fi)Fa;, ; --->ID ,.Ai~:~ 1 OYOJ; i ,;,,,,,.,a~-....:S..-l.SY@!-1_ s.~•-r -,,_,,_,.,,.,,, (_i . ~ i I r ·1 ' 1 [. ,,, , I 1 t NVld avou Sl.H!::ll3H NO.l.S3M z- l ••.... " .. ,. - 0 M u Lot: ROAD A ,-r ·, 1 4 1w-L· ,_ ._ I I PNT# 25 Bearing {__ 'tJ Distance Northing 182726.31 Easting 1316814.95 Radius: 80.00 Length: 24.20 Chord: 24.11 Delta: 17°19'57" Chord ERG: s 06°20'55.9" E Rad-In: s 74°59'05.8" w Rad-Out: N 87°40'57.7" w Radius Pt: 10 182705.58,1316737.68 Tangent: 12.19 Dir: Right Tangent-In: s 15°00'54.2" E Tangent-Out: s 02°19'02.3" W Non Tangential-In 34 182702.34 1316817.62 33 39 65 74 s 02°19'02.3" w 21.42 182680.94 1316816.75 s 02°19'02.3" w 24.00 182656.96 1316815.78 N 87°54'27.9" w 53.00 182658.89 1316762.82 N 02°19'02.3" E 45.63 182704.49 1316764.66 Radius: 27.00 Length: 42.41-Chord: 38.18 Delta: 90°00'00'' Chord ERG: N 42°40'59.6" W Rad-In: N 87°40'59.6" W Rad-Out: S 02°19'00.4" W Radius Pt: 73 182705.58,1316737.68 Tangent: 27.00 Dir: Left Tangent-In: N 02°19'00.4" E Tangent-Out: N 87°40'59.6" W Non Tangential-In 72 182732. 56 1316738. 77 N 87°40'57.7" W 55.09 71 182734. 78 1316683. 73 Radius: 15.00 Length: 24.09 Chord: 21.58 Delta: 92°01'32" Chord BRG: S 46°18'16.2" W Rad-In: S 02°19'02.3" W Rad-Out: S 89°42'30.0" E Radius Pt: 70 182719.80,1316683.13 Tangent: 15.54 Dir: Left Ta Ne Tangent-In: N 87°40'57.7" w Tangent-Out: S 00°17'30.0" W Tangential-In Tanger 69 182719. 87 1316668 .13 s 00°17'30.0" w 85.66 68 182634.21 1316667.69 N 87°54'27.9" w 6.50 108 182634.45 1316661.19 N 00°17'30.0" E 244.32 109 182878.76 1316662.44 6 5 s 87°40'57.7" E 6.50 182878.50 1316668.94 s 00°17'30.0" w 69.30 182809.20 1316668.58 Radius: 21.50 Length: 33.01 Chord: 29.86 Delta: 87°58'28" Chord BRG: S 43°41'43.8" E Rad-In: S 89°42'30.0" E Rad-Out: N 02°19'02.3" E Radius Pt: 4 182809.09,1316690.08 Tangent: 20.75 Dir: Left Tangent-In: S 00°17'30.0" W Tangent-Out: s 87°40'57.7" E Tangential-In Tanger 3 182787. 61 1316689. 21 2 11 S 87°40'57.7'' E 39.28 S 87°40'57.7" E 12.46 182786.02 182785.51 1316728.47 1316740.92 Radius: 80.00 Length: 24.47 Chord: 24.37 Delta: 17°31'29" Chord BRG: S 78°55'12.9" E Rad-In: S 02°19'02.3" W Rad-Out: S 19°50'31.8" W Radius Pt: 10 182705.58,1316737.68 Tangent: 12.33 Dir: Right Tangent-In: S 87°40'57.7" E Tangent-Out: s 70°09'28.2" E Tangential-In Tanger 9 182780. 83 1316764. 84 Page 17 of 32 Radius: 80.00 Length: 38.80 Chord: 38.42 Delta: 27°47'23" Chord BRG: S 56°15'46.8" E Rad-In: S 19°50'31.8" W Rad-Out: S 47°37'54.7" W Radius Pt: 10 182705.58,1316737.68 Tangent: 19.79 Dir: Right Tangent-In: S 70°09'28.2" E Tangent-Out: S 42°22'05.3" E Tangential-In Tanger 15 182759. 49 1316796. 79 Radius: 80.00 Length: 38.19 Chord: 37.83 Delta: 27°21'11" Chord BRG: S 28°41 1 29.8" E Rad-In: S 47°37'54.7" W Rad-Out: S 74°59'05.8" W Radius Pt: 10 182705.58,1316737.68 Tangent: 19.47 Dir: Right Tangent-In: S 42°22'05.3" E Tangent-Out: S 15°00'54.2" E Tangential-In 25 182726.31 1316814.95 Closure Error Distance> 0.0204 Error Bearing> S 44°50'47.4" E Closure Precision> 1 in 43624.4 Total Distance> 888.36 Area: 12391SF, 0.2845AC I .J Page 18 of 32 Lot: ROAD B PNT# Bearing Distance Northing Easting 37 182629.91 1316843.96 N 87°54'27.9" w 20.00 47 182630.64 1316823.97 N 87°54'27.9" w 62.83 50 182632.94 1316761.19 s 00°17 '30. 0" w 2.14 49 182630.80 1316761.18 N 87°54'27.9" w 14.99 67 182631. 34 1316746.20 N 02°05'32.1" E 28.14 66 182659.46 1316747.23 s 87°54'27.9" E 15.60 65 182658.89 1316762.82 s 87°54'27.9" E 53.00 39 182656.96 1316815.78 s 87°54'27.9" E 29.15 38 182655.89 1316844.91 s 02°05'32.1" w 26.00 37 182629.91 1316843.96 Closure Error Distance> 0.0030 Error Bearing> s 66°57'39.7" E Closure Precision> 1 in 85209.1 Total Distance> 251.84 Area: 2573SF, 0.0591AC .J Page 19 of 32 Lot: WEST BUFFER PNT# Bearing Distance Northing Easting 86 182709.64 1316963.88 s 62°35'29.3" E 51.09 85 182686.12 1317009.24 s 22°56'47.9" E 26.69 84 182661.54 1317019.64 s 24°51'25.5" w 55.73 83 182610.98 1316996.22 s 32°21'34.9" E 36.32 82 182580.29 1317015.66 s 06°07'41.l" w 46.80 81 182533.76 1317010.66 N 87°54'27.9" w 50.12 43 182535.59 1316960.57 N 02°05'32.l" E 36.16 42 182571.73 1316961.89 N 32°21'34.9" w 30.28 45 182597.31 1316945.68 N 02°05'32.l" E 28.87 35 182626.16 1316946.74 N 02°05'32.l" E 35.40 41 182661.54 1316948.03 N 62°35'29.3" w 18.80 40 182670.19 1316931. 34 N 38°02'31.9" w 8.58 32 182676.95 1316926.05 N 38°33'08.0" w 13.48 31 182687.49 1316917.65 N 12°50'53.4" w 41.17 23 182727.62 1316908.50 N 12°50'53.4" w 20.70 22 182747.80 1316903.90 N 02°05'32.l" E 25.22 30 182773.00 1316904.82 N 47°59'50.8" w 7.17 29 182777.80 1316899.49 N 76°07'30.4" w 27.93 28 182784.50 1316872.38 N 62°40'15.7" w 10.37 27 182789.26 1316863.16 N 52°05'14.4" w 23.07 14 182803.43 1316844.96 N 42°17'05.4" w 7.49 13 182808.97 1316839.93 N 31°46'44.4" w 9.38 21 182816.94 1316834.99 N 20°51'20.l" w 21.57 20 182837.10 1316827.31 N 09°42'57.4" w 10.15 19 182847.10 1316825.60 N 02°19'02.3" E 9.79 18 182856.88 1316825.99 N 12°38'30.l" E 9.03 17 182865.69 1316827.97 Page 1 of 2 N 22°57'57.9" E 6.80 16 182871.96 1316830.62 s 87°40'57.7" E 61.54 95 182869.47 1316892.12 s 40°31'28.5" w 25.16 94 182850.34 1316875.77 s 20°51'20.l" E 11.91 93 182839.21 1316880.01 s 52°53'13.2" E 12.43 92 182831. 71 1316889.92 s 77°30'23.6" E 33.17 91 182824.54 1316922.31 s 47°59'50.8" E 34.46 90 182801.47 1316947.92 s 27°34'26.5" E 24.29 89 182779.94 1316959.16 s 10°27'31.3" w 27.88 88 182752.53 1316954.10 s 27°44'31.3" E 25.07 87 182730.35 1316965.77 s 05°12'06.8" w 20.79 86 182709.64 1316963.88 Closure Error Distance> 0.0210 Error Bearing> s 38°42'24.9" E Closure Precision> 1 in 44995.6 Total Distance> 944.85 Area: 21650SF, 0.4970AC / Page 2 of 2 Lot: EAST BUFFER PNT# Bearing Distance Northing Easting 58 182719.56 1317134.18 s 14°19'43.l" E 33.10 64 182687.49 1317142.37 s 02°19'02.3" w 12.54 63 182674.97 1317141.86 s 14°14'38.5" w 26. 32 62 182649.45 1317135.39 s 14°14'38.5" w 33.73 107 182616.76 1317127.09 s 02°58'50.4" w 87.21 106 182529.67 1317122.55 N 87°54'27.9" w 50.24 80 182531.51 1317072.35 N 03°31'24.2" w 36 .43 79 182567.87 1317070.11 N 06°45'07.l" E 34.91 78 182602.54 1317074.21 N 07°00'10.0" E 18.65 77 182621.06 1317076.49 N 14°20'15.8" E 63.12 76 182682.21 1317092.12 N 14°19'43.1" w 30.34 75 182711.60 1317084.61 N 65°25'27.3" w 25.07 104 182722.03 1317061.81 N 36°05'15.l" w 22.85 103 182740.49 1317048.35 N 26°04'06.6" w 33.56 102 182770.64 1317033.60 N 54°08'50.2" E 25.47 101 182785.55 1317054.25 N 05°03'35.0" E 32.48 100 182817.91 1317057.11 N 23°54'27.5" E 15.79 99 182832.34 1317063.51 N 15°02'56.7" E 9.56 98 182841.57 1317066.00 N 62°23'11.2" w 48.11 97 182863.87 1317023.37 N 62°23'11.2" w 0.67 96 182864.18 1317022.78 s 87°40'57.7" E 94.73 55 182860.35 1317117.43 s 02°05'30.l" w 34.84 54 182825.54 1317116.16 s 26°08'43.8" w 22.62 53 182805.23 1317106.19 s 05°03'35.0" w 14.49 52 182790.80 1317104.91 s 05°03 '35. 0" w 32.32 Page 22 of 32 60 59 58 S 65°25'27.3'' E 27.58 S 14°19'43.1" E 28.46 182758.60 182747.13 182719.56 1317102.06 1317127.14 1317134.18 Closure Error Distance> 0.0104 Error Bearing> N 01°07'16.0" W Closure Precision> 1 in 85863.6 Total Distance> 895.16 Area: 18914SF, 0.4342AC Page 23 of 32 Lot: TOTAL PARCEL PNT# Bearing Distance Northing Easting 105 182523.73 1317285.38 N 87°54'27.9" w 525.00 48 182542.89 1316760.73 N 00°17'30.0" E 87.90 49 182630.80 1316761.18 N 87°54'27.9" w 100.05 108 182634.45 1316661.19 N 00°17'30.0" E 244.32 109 182878.76 1316662.44 s 87°40'57.7" E 625.00 56 182853.49 1317286.93 s 00°16'07.2" w 329.77 105 182523.73 1317285.38 Closure Error Distance> 0.0016 Error Bearing> N 29°04'02.0" w Closure Precision> 1 in 1188652.8 Total Distance> 1912.04 Area: 197974SF, 4.5449AC Page 24 of 32 Lot Report Thu Nov 03 11:50:22 2016 Lot File: W:\ JOBS\2016\216098-TAYLOR DEVELOPMENT (WESTON HEIGHTS)\DWG\6098.lot CRD File: W:\=JOBS\2016\216098-TAYLOR DEVELOPMENT (WESTON HEIGHTS)\DWG\216098FP.Cl Lot: LOT 1 PNT# 2 Bearing Distance Northing 182786.02 N 87°40'57.7" W 39.28 Easting 1316728.47 3 182787. 61 1316689. 21 Radius: 21.50 Length: 33.01 Chord: 29.86 Delta: 87°58'28" Chord BRG: N 43°41'43.8" W Rad-In: N 02°19'02.3" E Rad-Out: S 89°42'30.0" E Radius Pt: 4 182809.09,1316690.08 Tangent: 20.75 Dir: Right Tangent-In: N 87°40'57.7" W Tangent-out: N 00°17'30.0" E Tangential-In Tanger 5 182809. 20 1316668. 58 N 00°17'30.0" E 69.30 6 182878.50 1316668.94 s 87°40'57.7" E 60.04 7 182876.07 1316728.92 s 00°17'30.0" w 90.06 2 182786.02 1316728.47 Closure Error Distance> 0.0134 Error Bearing> N 43°41'44.0" w .,./ Closure Precision> 1 in 21735.7 Total Distance> 291.69 Area: 5312SF, 0 .1219AC Page 1 of 32 Lot: LOT 2 PNT# 8 9 Bearing Distance Northing 182789.43 S 57°46'37.0" W 16.13 182780.83 Easting 1316778.48 1316764.84 Radius: 80.00 Length: 24.47 Chord: 24.37 Delta: 17°31'29" Chord BRG: N 78°55'12.9" W Rad-In: S 19°50'31.8" W Rad-Out: S 02°19'02.3" W Radius Pt: 10 182705.58,1316737.68 Tangent: 12.33 Dir: Left Tangent-In: N 70°09'28.2" W Tangent-Out: N 87°40'57.7" W Non Tangential-In To 11 182785. 51 1316740. 92 N 87°40'57.7" w 12. 46 2 182786.02 1316728.47 N 00°17'30.0" E 90.06 7 182876.07 1316728.92 s 87°40'57.7" E 50.03 12 182874.05 1316778.91 s 00°17'30.0" w 84.62 8 182789.43 1316778.48 Closure Error Distance> 0.0065 Error Bearing> s 58°34'51.5" w Closure Precision> 1 in 42528.0 Total Distance> 277.77 Area: 4520SF, 0.1038AC v Page 2 of 32 Lot: LOT 3 PNT# Bearing Distance Northing Easting 13 182808.97 1316839.93 s 42°17'05.4" E 7.49 14 182803.43 1316844.96 s 47°37'54.7" w 65.20 15 182759.49 1316796.79 Radius: 80.00 Length: 38.80/ Chord: 38.42 Delta: 27°47'23" Chord BRG: N 56°15'46.8" W Rad-In: S 47°37'54.7" W Rad-Out: S 19°50'31.8" W Radius Pt: 10 182705.58,1316737.68 Tangent: 19.79 Dir: Left Tangent-In: N 42°22'05.3" W Tangent-Out: N 70°09'28.2" W Non Tangential-In Ne 9 182780.83 1316764.84 N 57°46'37.0" E 16 .13 8 182789.43 1316778.48 N 00°17'30.0" E 84.62 12 182874.05 1316778.91 s 87°40'57.7" E 51.75 16 182871.96 1316830.62 s 22°57'57.9" w 6.80 17 182865.69 1316827.97 s 12°38'30.l" w 9.03 18 182856.88 1316825.99 s 02°19'02.3" w 9.79 19 182847.10 1316825.60 s 09°42'57.4" E 10.15 20 182837.10 1316827.31 s 20°51'20.1" E 21.57 21 182816.94 1316834.99 s 31°46'44.4" E 9.38 13 182808.97 1316839.93 Closure Error Distance> 0.0089 Error Bearing> N 71°15'47.6" w Closure Precision> 1 in 37056.9 Total Distance> 330.71 Area: 5423SF, 0.1245AC // Page 3 of 32 Lot: LOT 4 PNT# Bearing Distance Northing Easting 22 182747.80 1316903.90 s 12°50'53.4" E 20.70 23 182727.62 1316908.50 N 87°54 1 27.9" w 80.06 24 182730.54 1316828.50 s 72°37'19.3" w 14.19 25 182726.31 1316814.95 Radius: 80.00 Length: 38.19 Chord: 37.83 Delta: 27°21'11" Chord BRG: N 28°41'29.8" W Rad-In: S 74°59'05.8" W Rad-Out: S 47°37'54.7" W Radius Pt: 10 182705.58,1316737.68 Tangent: 19.47 Dir: Left Tangent-In: N 15°00'54.2" W Tangent-Out: N 42°22'05.3" W Non Tangential-In Ne 15 182759.49 1316796.79 N 47°37'54.7" E 65.20 14 182803.43 1316844.96 s 52°05'14.4" E 23.07 27 182789.26 1316863.16 s 62°40'15.7" E 10.37 28 182784.50 1316872.38 s 76°07'30.4" E 27.93 29 182777.80 1316899.49 s 47°59'50.S" E 7.17 30 182773.00 1316904. 82 s 02°05'32.1" w 25.22 22 182747.80 1316903.90 Closure Error Distance> 0.0096 Error Bearing> N 00°58'27.5" E Closure Precision> 1 in 32353.4 Total Distance> 312.10 Area: 5650SF, A).1297AC I v' Page 1 of 1 Lot: LOT 5 PNT# 31 32 33 Bearing s 38°33'08.0" N 87°54'27.9" N 02°19'02.3" E w E Distance Northing Easting 182687 .49 1316917.65 13.48 182676.95 1316926.05 109.37 182680.94 1316816.75 21.42 , 34 182702.34 1316817.62 Radius: 80.00 Length: 24.20· Chord: 24.11 Delta: 17°19'57" Chord BRG: N 06°20'55.9" W Rad-In: N 87°40'57.7" W Rad-Out: S 74°59'05.8" W Radius Pt: 10 182705.58,1316737.68 Tangent: 12.19 Dir: Left Tangent-In: N 02°19'02.3" E Tangent-Out: N 15°00'54.2" w Tangential-In Non Ta 25 182726. 31 1316814. 95 24 23 31 N 72°37'19.3" E 14.19 S 87°54'27.9" E 80.06 S 12°50'53.4" E 41.17 182730.54 182727.62 182687.49 1316828.50 1316908.50 1316917.65 Closure Error Distance> 0.0113 Error Bearing> N 42°52'42.3" w Closure Precision> 1 in 26929.3 Total Distance> 303.89 Area: 4873SF, 0.1119AC J Page 5 of 32 Lot: LOT 6 PNT# Bearing Distance Northing Easting 35 182626.16 1316946.74 N 87°54'27.9" w 56.42 36 182628.22 1316890.35 N 87°54'27.9" w 46.42 37 182629.91 1316843.96 N 02°05'32.1" E 26.00 38 182655.89 1316844.91 N 87°54'27.9" w 29.15 39 182656.96 1316815.78 N 02°19'02.3" E 24.00 33 182680.94 1316816.75 s 87°54'27.9" E 109.37 32 182676.95 1316926.05 s 38°02'31.9" E 8.58 40 182670.19 1316931.34 s 62°35'29.3" E 18.80 41 182661.54 1316948.03 s 02°05'32.1" w 35.40 35 182626.16 1316946.74 Closure Error Distance> 0.0012 Error Bearing> S 37°52'28.1" E Closure Precision> 1 in 293859.0 Total Distance> 354.15 Area: 5643SF, 0.1295AC / J Page 6 of 32 Lot: LOT 7 PNT# Bearing Distance Northing Easting 42 182571.73 1316961.89 s 02°05'32.1" w 3 6. 16 - 43 182535.59 1316960.57 N 87°54'27.9" w 73. 55, 44 182538.28 1316887.07 N 02°05'32.1" E 90. 00-' 36 182628.22 1316890.35 s 87°54'27.9" E 56.42 / 35 182626.16 1316946.74 s 02°05'32.1" w 28. 87 / 45 182597.31 1316945.68 s 32°21'34.9" E 30.28- 42 182571.73 1316961.89 Closure Error Distance> 0.0011 Error Bearing> s 06°03'55.7" E Closure Precision> 1 in 288189.8 Total Distance> 315.29 Area: 5911SF, 0.1357AC ,/ Page 7 of 32 Lot: LOT 8 PNT# Bearing Distance Northing Easting 44 182538.28 1316887.07 N 87°54'27.9" w 66.42 46 182540.70 1316820.69 N 02°05'32.1" E 90.00 47 182630.64 1316823.97 s 87°54'27.9" E 20.00 37 182629.91 1316843.96 s 87°54'27.9" E 46.42 36 182628.22 1316890.35 s 02°05'32.1" w 90.00 44 182538.28 1316887.07 Closure Error Distance> 0.0000 Error Bearing> N 90°00'00" E Closure Precision> 1 in 1343661564113.5 Total Distance> 312.85 Area: 5978SF, 0.1372AC Page 8 of 32 Lot: LOT 9 PNT# Bearing Distance Northing Easting 46 182540.70 1316820.69 N 87°54'27.9" w 60.00 48 182542.89 1316760.73 N 00°17'30.0" E 87.90 49 182630.80 1316761.18 N 00°17'30.0" E 2.14 50 182632.94 1316761.19 s 87°54'27.9" E 62.83 47 182630.64 1316823.97 s 02°05'32.l" w 90.00 46 182540.70 1316820.69 Closure Error Distance> 0.0045 Error Bearing> N 09°21'25.7" w Closure Precision> 1 in 66606.4 Total Distance> 302.87 Area: 5527SF, 0.1269AC Page 9 of 32 Lot: LOT 10 PNT# Bearing Distance Northing Easting 51 182783.45 1317286.60 N 87°40'57.7" w 181.84 52 182790.80 1317104.91 N 05°03'35.0" E 14. 49 53 182805.23 1317106.19 N 26°08'43.8" E 22.62 54 182825.54 1317116.16 N 02°05'30.l" E 34.84 55 182860.35 1317117.43 s 87°40'57.7" E 169.64 56 182853.49 1317286.93 s 00°16'07.2" w 70.04 51 182783.45 1317286.60 Closure Error Distance> 0.0099 Error Bearing> s 07°22'54.4" E Closure Precision> 1 in 49782.6 Total Distance> 493.47 Area: 12187SF, 0.2798AC J Page 10 of 32 Lot: LOT 11 PNT# Bearing Distance Northing Easting 57 182713.40 1317286.27 N 87°40'57.7" w 152.21 58 182719.56 1317134.18 N 14°19'43.l" w 28.46 59 182747.13 1317127.14 N 65°25'27.3" w 27.58 60 182758.60 1317102.06 N 05°03 '35.0" E 32.32 52 182790.80 1317104.91 s 87°40'57.7" E 181.84 51 182783.45 1317286.60 s 00°16'07.2" w 70.04 57 182713.40 1317286.27 Closure Error Distance> 0.0035 Error Bearing> S 56°16'03.1" w Closure Precision> 1 in 140620.1 Total Distance> 492.46 Area: l1959SF, 0.2745AC ! \.} Page 11 of 32 Lot: LOT 12 PNT# Bearing Distance Northing Easting 61 182643.36 1317285.94 N 87°40'57.7" w 150.68 62 182649.45 1317135.39 N 14°14'38.5" E 26.32 63 182674.97 1317141.86 N 02°19'02.3" E 12. 54 64 182687.49 1317142.37 N 14°19'43.l" w 33.10 58 182719.56 1317134.18 s 87°40'57.7" E 152.21 57 182713.40 1317286.27 s 00°16'07.2" w 70.04 61 182643.36 1317285.94 Closure Error Distance> 0.0128 Error Bearing> s 39°56'41.l" E Closure Precision> 1 in 34673.7 Total Distance> 444.89 Area: 10299SF, 0.2364AC J Page 12 of 32 Lot: TRACT A PNT# 65 Bearing Distance Northing Easting 182658.89 1316762.82 66 67 68 N s N N 87°54'27.9" w 02°05'32.l" w 87°54'27.9" w 00°17'30.0" E 15.60 182659.46 1316747.23 28.14 182631.34 1316746.20 78.56 182634.21 1316667.69 85.66 69 182719. 87 1316668 .13 Radius: 15.00 Length: 24.09 Chord: 21.58 Delta: 92°01'32" Chord BRG: N 46°18'16.2" E Rad-In: S 89°42'30.0" E Rad-Out: S 02°19'02.3" W Radius Pt: 70 182719.80,1316683.13 Tangent: 15.54 Dir: Right Tangent-In: N 00°17'30.0" E Tangent-Out: s 87°40'57.7" E Tangential-In Tanger 71 182734. 78 1316683. 73 S 87°40'57.7" E 55.09 72 182732.56 1316738.77 Radius: 27.00 Length: 42.4! Chord: 38.18 Delta: 90°00'00" Chord BRG: S 42°40'59.6" E Rad-In: S 02°19'00.4" W Rad-Out: N 87°40'59.6" W Radius Pt: 73 182705.58,1316737.68 Tangent: 27.00 Dir: Right Tangent-In: S 87°40'59.6" E Tangent-Out: S 02°19'00.4" W Non Tangential-In Ne 74 182704.49 1316764.66 S 02°19'02.3'' W 45.63 65 182658.89 1316762.82 Closure Error Distance> 0.0038 Error Bearing> N 26°54'12.5" E Closure Precision> 1 in 98869.0 Total Distance> 375.18 Area: 9029SF, 0.2073AC I J Page 13 of 32 Lot: TRACT B PNT# Bearing Distance Northing Easting 75 182711.60 1317084.61 s 14°19'43.1" E 30.34 76 182682.21 1317092.12 s 14°20'15.8" w 63.12 77 182621.06 1317076.49 s 07°00'10.0" w 18.65 78 182602.54 1317074.21 s 06°45'07.1" w 34.91 79 182567.87 1317070.11 s 03°31'24.2" E 36.43 80 182531.51 1317072.35 N 87°54'27.9" w 61.73 81 182533.76 1317010.66 N 06°07 '41.1" E 46.80 82 182580.29 1317015.66 N 32°21'34.9" w 36.32 83 182610.98 1316996.22 N 24°51'25.5" E 55.73 84 182661.54 1317019.64 N 22°56'47.9" w 26.69 85 182686.12 1317009.24 N 62°35'29.3" w 51.09 86 182709.64 1316963.88 N 05°12'06.8" E 20.79 87 182730.35 1316965.77 N 27°44'31.3" w 25.07 88 182752.53 1316954.10 N 10°27 '31. 3" E 27.88 89 182779.94 1316959.16 N 27°34'26.5" w 24.29 90 182801.47 1316947.92 N 47°59'50.8" w 34.46 91 182824.54 1316922.31 N 77°30'23.6" w 33.17 92 182831.71 1316889.92 N 52°53'13.2" w 12.43 93 182839.21 1316880.01 N 20°51'20.1" w 11.91 94 182850.34 1316875.77 N 40°31'28.5" E 25.16 95 182869.47 1316892.12 s 87°40'57.7" E 130.77 96 182864.18 1317022.78 s 62°23'11.2" E 0.67 97 182863.87 1317023.37 s 62°23'11.2" E 48.11 98 182841. 57 1317066.00 s 15°02'56.7" w 9.56 99 182832.34 1317063.51 s 23°54'27.5" w 15.79 Page 14 of 32 100 182817.91 1317057.11 s 05°03'35.0" w 32.48 101 182785.55 1317054.25 s 54°08'50.2" w 25.47 102 182770.64 1317033.60 s 26°04'06.6" E 33.56 103 182740.49 1317048.35 s 36°05'15.l" E 22.85 104 182722.03 1317061.81 s 65°25'27.3" E 25.07 75 182711.60 1317084.61 Closure Error Distance> 0.0109 Error Bearing> N 66°28'36.6" w Closure Precision> 1 in 93547.0 Total Distance> 1021. 29 Area: 31049SF, 0.7128AC ,/ Page 15 of 32 Lot: TRACT C PNT# Bearing Distance Northing Easting 105 182523.73 1317285.38 N 87°54'27.9" w 162.94 106 182529.67 1317122.55 N 02°58'50.4" E 87.21 107 182616.76 1317127.09 N 14°14'38.5" E 33.73 62 182649.45 1317135.39 s 87°40'57.7" E 150.68 61 182643.36 1317285.94 s 00°16'07.2" w 119.64 105 182523.73 1317285.38 Closure Error Distance> 0.0031 Error Bearing> s 29°57'49.6" E Closure Precision> 1 in 178312.4 Total Distance> 554.18 Area: 19085SF, 0.4381AC J Page 16 of 32 ' •• L. ,-r-r, '/ 4 ·1u1 ,-:_ J .... '-:' I, KIM WYMAN, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to WESTON HEIGHTS HOMEOWNERS' ASSOCIATION a/an WA Non-Profit Corporation. Charter documents are effective on the date indicated below. Date: 1/12/2017 UBI Number: 604-076-263 Given under my hand and the Seal of Lhe State ofWashingLon al Olympia, the State Capi1al Kim \Vyman, Secretary of State Date Issued: 1/12/2017 l/,.:,1 ··,'.)'/01/ ,;,1.,i1 I.__ .. _ . \,c~· \ \ \·, \ \c, ')\(~,,_) ARTICLES OF INCORPORATION OF : . ':;. >'! · ., :l !!'WESTON HEIGHTS HOMEOWNERS' ASSOCIATION The undersigned, for the purpose of forming a corporation under the nonprofit laws of the State of Washington, RCW 24.03, and a homeowners association under RCW 64.38 and Section 528 of the Internal Revenue Code, hereby adopts the following Articles of Incorporation: ARTICLE I -NAME The name of this Corporation shall be "Weston Heights Homeowners' Association." ARTICLE II -PURPOSE The Corporation is organized for the purpose of promoting the welfare and interests of the owners of property defined by the Declaration of Covenants, Conditions and Restrictions of Weston Heights, (the "Declaration"), by administering and enforcing the protective covenants governing the use of such property, engaging in civic improvement and development activities, acquiring, owning, constructing, improving, managing, maintaining, and caring for the real and personal property of the association of homeowners of the Plat of Crestview Village, and to do such other things as may be necessary and convenient to accomplish all such purposes. ARTICLE III -TERM The term of existence of the Corporation shall be perpetual. ARTICLE IV -REGISTERED AGENT The registered agent of the Corporation and the street address of the registered office of this Corporation are as follows: Registered Agent Red-E Management · a division of Red-E Trucking, Inc Registered Office Street and Mailing Address 15 Lake Bellevue Drive, Suite 102 Bellevue, WA 98005 ARTICLE V -MEMBERS 5.1 The owner of each lot of the Plat of Weston Heights (the "Property") as described in the plat thereof, shall be a member of the Corporation. 5.2 The owner of each lot shall be entitled to one vote, as prescribed in the Declaration and bylaws. A party that owns more than one lot shall have one vote for each lot it owns. ARTICLE VI -DIRECTORS The number of directors of this Corporation and the manner in which such directors arc to be elected shall be as set forth in the bylaws. The names and addresses of the initial directors are as follows: Jeffrey E. Hamilton Kevin O'Brien Karin Miller Address 15 Lake Bell,;,vue Drive, Suite 102 Bellevue, WA 98005 15 Lake Bellevue Drive, Suite 102 Bellevue, WA 98005 15 Lake Bellevue Drive, Suite 102 Bellevue, WA 98005 The initial directors shall serve initial terms as prescribed in the Declaration and as set forth in the bylaws. ARTICLE VII -DISSOLUTION In the event of dissolution of the Corporation, the net assets are to be distributed to the then current members. ARTICLE VIII-INDEMNIFICATION Every director and officer shall be indemnified by the Corporation against all expenses and liabilities, including counsel fees, reasonable incurred by or imposed upon him or her in connection with any proceeding to which he or she may be a party, or in which he or she may become involved, by reason of his or her being or having been a director or officer of the Corporation, or any settlement thereof, whether or not he or she is a director or officer at the time such expenses are incurred, except in such cases where the director or officer is adjudged guilty of willful misconduct or gross negligence or a knowing violation of law in the performance of his or her duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property or services to which said person is not legally entitled; provided that in the event of a settlement, the indemnification provided herein shall apply only when the Board of Directors approves such settlement and reimbursement as being in the best interests of the Corporation. The foregoing rights of indemnification shall be in addition to and not exclusive of all other rights to which such director or officer may be entitled. ARTICLE IX-INCORPORATOR The name and address of the incorporator is Jeffrey E. Hamilton, Red-E Management, a division of Red-E Trucking, lnc .. 15 Lake Bellevue Drive, Suite 102, Bellevue, WA 98005 IN WITNESS WHEREOF, the incorporator herein above named has executed these Articles oflncorporation this lO'h day of January, 2017. CONSENT TO SERVE AS REGISTERED AGENT Red-E Management, a division of Red-E Trucking, Inc. hereby consents to serve as registered agent, in the State of Washington, for Weston Heights Homeowners' Association. As agent for the Corporation, Red-E Management will be responsible to receive service of process in the name of the Corporation: to forward all mail to the Corporation; and to immediately notify the office of the Secretary of State in the event of its resignation, or of any changes in the registered office address of the Corporation. 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'l'."llt·l i / il.ttach sign to post with two 5/16 galvaniied lag bolts with washenc i s· to grade +-Pre-printed metal sign B.Sxllor lh17as determlne.;l bv the citv -E--8'-4x4cedaror I I ·--......:· I pressure-tre;,ted po~t ! ~ e ~n· '"" "''' l ' !' -i WETLANDS SIQN DETAIL I Ii 1. ·. ! ' '' • r ~ I ij ,ill'! ' 0 .-1,! 1-····--" -I i -.. ,111 Ii! liH :/ /-----· --i "1'":-t-, [,:.; I ~ _-g:,i-" 1--c----,- ---I L. ,--------:.,, ' . ,~~ ' .. -·· ~-. A . ,,,,--~""' ,,.. ~~/ // '-;/ ---(~ \_;.•··~-=. _ i ,,Jlj,,(s,::0 , "" ( ~ .. w.,::,::::::-:.:_ -~) ,· \J-- '! i d< Ii:~ sr:§r=;..=7-:.... 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' - SEC. 11, TWP. 23N., RGE. 5 E., W.M. --t--10' 5TI iHJ;:ONTAGE LA!t,DSCAPE ;iANCE TRIANG ,-,1 • · .\. · "'"'~ msem " ,4 •"+ .. <c " 1 ~ '$~~-"---=-/ '-!•/• • • ~ ' • • • • • • • • ~ ~~.-L ~uo,co,n•C'no, 1~· e\JfFE;;-:-;;;_A. / • • • • • • • • • • o ',. 1"\I \ ~ oeso,o -- '"· ron.,., I • • . • • • > cJ I 'L -""" ""' \ ,;.: :-:-:-::: :-:-,1 / . -..• -~- DS P[R C[TY 1DARODETAll !® ,I ~5c!O SF .. .. • --"', I \ .............. , .... ,<:,._ .. -,.-.. I I ~ •• I '-1 • ·, I ~Y\' 4"S;<9S>\_ I/ .•/ \ 0 ,.i.\.~s"m"''" -,. _1 • < , c=RDIN I PLANT •• ~ ( DUE GTOPLANT \ "'%,~ • + \ . 0""'"''-· \ \" • . I _) ·,·,,.Y.TfViC..., v-__y .... B. 'J ~; ·-· ( -~::::: :~]->\ --, 0) J-91! ~ / f/ ~:::::::::: 1~~11 iE: .. : .. "ij ':.: ~t~"""' , .. -----·/ -·v :e· ~-} '---., I • • ~~ I • • l • • " .. I ) I.. . ... · j' I .. .. .. \...- Nts7'54'28·-L .. • • \ w 52500-..______,,_ _J__ -- --10' \IISUAL BARRIER LAND:,(APE £ET r~PNTACJ LANDSc:.AP~ @) / 12197 SF /.::::_ "-. I ' · r PRDRE~ LINE ~ ..!_ ___jJ- \ ' __''_\ @ I 11,9=:.9 SF I { \ I I DETENnON PflND HNCING ---· PERUTYSTANOARDS 1S LANDSCAPE OUTSIDE OETE~:;1,i~ ~~~tN~~N~RNi----- PlEAS[ NOH, AR8UTUS U 'COMPACT A, AAE NOTTRE[S R-389519 LANDSCAPE PLAN ',CAL~ 1°~3C' 0 Call bo!=you ~---3 -'1,, 0 ~ -ho' DIQ. 1-800-4?4-~555 -a,· ,._.. ~-. .. ·"'·'' JN COMPl,lANCE WITH CITY OF RFNTON STANOARDS 6Y:~-~-oat<,:~_'!///.., BY: Date• ,,. ""' O;ite; in II 1· 8 CIJ _-... -· --- ~ u ;; ·g ~ ~] -< • "° I i:j __, ~ § '" :,: ~ "' " :z: ,-) I --,:11 ,,_ I '-'l. ,,_ -0:: u Ul ~ j 1: ' ~ LA-1 ,. 2 s-•••• l,,' ' 1--i }. ' '\ //r .' ! Sl!V BC! ~ ,...,. W"I -CIO ..... I - ·; ,,'.; ; ;: ! " < • I' r.3 ' Q 0 ~ ' ; r, SEC.11, TWP. 23 N .• RGE. 5 E .• W.M. ,------------TR£fS TO BE REMOYEl:l. TYPICAL ~PROPERTY LINE --~~,,----~ -------<;: -_\ /- ".. .. 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PLAT NAME RESERVATION CERTIFICATE TO: TANYA JENNINGS 15 LAKE BELLEVUE DR STE 102 BELLEVUE, WA 98005 PLAT RESERVATION EFFECTIVE DATE: January 13, 2017 The plat name, WESTON HEIGHTS has been reserved for future use by WESTON HEIGHTS LLC. l 4 )1''.:) (_ ,,, 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 January 13, 2018, 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 RECEIPT EG00065546 BILLING CONTACT WESTON HEIGHTS LLC C/0 TAYL 15 LAKE BELLEVUE STE 102 BELLEVUE, WA 98005 REFERENCE NUMBER FEE NAME LUA 17-000068 PLAN -Final Plat Fee Technolo-·, Fee Printed On: February 14, 2017 Prepared By: Jan Illian --------... Renton® 1055 S Grady Way, Renton, WA 98057 Transaction Date: February 14, 2017 TRANSACTION TYPE Fee Payment Fee Pavment PAYMENT METHOD Check #1760 Check #1760 SUB TOTAL TOTAL AMOUNT PAID $5,000.00 $150.00 $5,150.00 $5,150.00 Page 1 of 1