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Report 1
Kenneth J. Walkky Viet' President Manager Real Esatlc Construction W' VlKING BANK 206 297 4217 dire<I 425 9R5 0637 ,e11 206 782 5469 fa~ kennethw@vikingbank.com Commercial Banking Center P.O. Box 70546 Seattle, WA 98127 2227 NW 57th Street Seattle, WA 98107 www.vikingbank.com l.oul. l'erwnaiized. Cwwmtr-Drir·m ---...................... .._ --,,........, ___ ,, .. , :rn.e-1opi;:,ssv1u~"l!S :iii !!1!J 1:ill LOOC: 'g Jeqwe1des SlN3V\lnooa NOllOnl::llSNOO uois!A!pqns n4pu~s LZOOc:K'Ol ;.ieqwnN pa{oJd Otm:JS901 :.11;1qu,nN /(l!h!PV :~3s~nN 311.:1 s3ao ···11· ffJi1! ! I I ' I ' I Pili~ ,! j I ; l l ~ 11,;11 ! ! l .. ,.. " 11 ~ 11 ·r. l i zt'I' .. r, •I . . • 11. 1,1 .. , lhlll 1 1r 11 i1 i/ 1 ,.!I l !1 .•.' .,,.,.,, C "'""O. - 1, ~ ,J I~ I 11 l' p 11 11 I II ,I •! ] i1' 1 ill !11 u ~ ~11, ~! !UH a 1 111 •5 ,. : 1i ~i.m!!t 1nn C .e 0 E ,2 ~ j .[ : ~ ! 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CONSTRUCTION (1n METER INSTALLATION '" ~ .: Jii, I 0: t-~ UJ {) Q ~r2~~'.1 ~!ii~~~ ~Cl f1i:>c ~ffi i ~ ~ (.)?;: a.: ;;,; 3: "'UJ ~ OUJ ~ 1il"' ~ _,. I_ ~ i • ~ cl ~ a, • ' ' ' 5 • • N ' ~ ~ I ~ 3 ! j 8 ! j j 1 1 . ------------- © 0 iHiii -NNN N N ~O:::,>i'>.N /!:i~ -fl I j J~ j;'} ih~ l ! © G 0 0 0 1, 1., 111 . ~ 'ij i' : I, . ; f 1 'ei •• • r •• ;1_1~1,1 I i· I>=-! I .. l'!!il~~l~ i !i:il lh: ~ iill j { G {j ~ 0 ~- t ( 1 I j 0 I f-----·---1 1 \ \, I 0 G 8 8 e ----------'---- 8 ------- ~ ~ ' ~ !' ' ~ 1! ~ .. " " . " I! 1-: 11 8-~ J, •• ' G G h '"' f ii ., i I p ~ ~ > ! J I ~ 0 i\ I :i-'1 :, I r, .t i I• Qi ,I 2 -~ ia "' I I ,:I ,, ~ • • • • ,- Jennifer T. Henning From: Sent: To: Cc: Carrie Olson Monday, December 09, 2013 10:41 AM Linda Moschetti Jennifer T. Henning; Jan Illian Subject: FW: Benson Trails LUA09-111; BPW020414 Linda, Please note that Jennifer Henning has stated that AOF # 1 and #3 listed below can be released for Benson Trails. Thanks. Motivation determines what you do. Attitude determines how well you do it. Lou Holtz Cc:ur{,e, K.c9UO-VV Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 colson@rentonwa.gov 425-430-7235 Office 425-430-7 300 FAX -----------JfuJrton ® From: Jennifer T. Henning Sent: Friday, December 06, 2013 1:41 PM To: Carrie Olson Cc: Jan Illian / Subject: RE: Benson Trails -z,ie--;;i. 7~~1,(/\ I.II ot'\--1;\M t<4 \Qd!V\ ·. . ) ~ ·------------- -~f-.---. Si)?,148.23 This will be rele~sed upon completion of the landscaping as well as an additional check for $7,%1AO)n lieu of putting in recreation area. The bid for landscaping was about $21M at the time. ~16,516.50 I had received verbal confirmation that the City of Renton had released this but had not ever seen the paperwork come through 3. $8,059.35 This will be released upon completion of a walkway to the corner. The bid for the path was about $10M. Carrie ... the above-references items 1 (landscaping) and 3 (pathway) may be released. Jan, can #2 be released? Jennifer -------------· From: Carrie Olson Sent: Wednesday, July 24, 2013 2:01 PM To: Laureen M. Nicolay Cc: Jennifer T. Henning; Jan Illian Subject: RE: Benson Trails 1 Laureen, Look under LUA09-111 in Permits Plus under L/H/N and you will find the answer to all your questions. I have the AOF for the $16,516.50 and have asked Jan Illian if it could be released twice (last in May) but have not gotten an answer from her. Jan, Can this two year maintenance bond (AOF)$16,516.50 (Expires 1/8/2012) be released yet? Motivation determines what you do. Attitude determines how well you do it. Lou Holtz Carrie, K.04<>-vv Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 colson@rentonwa.gov 425-430-7 235 Office 425-430-7300 FAX ----J-tati'""~""'~·."':--t_-(ill-~-®· From: Laureen M. Nicolay Sent: Wednesday, July 24, 2013 12:08 PM To: Carrie Olson Cc: Jennifer T. Henning Subject: FW: Benson Trails Hi Carrie, Can you please get me copies of any sureties (and any associated back up info) we may still have for Benson Trails project? Also, if you have any documentation of any releases already accomplished for this project? Looks like the new owner is trying to come up to speed with what is still outstanding. Thank you! From: Jennifer T. Henning Sent: Tuesday, July 23, 2013 5:35 PM To: Laureen M. Nicolay Subject: FW: Benson Trails Let's discuss on Wednesday. Thanks. From: Chris Clousing [mailto:Chris.Clousing@awbank.net] Sent: Thursday, July 18, 2013 9:06 AM To: Jennifer T. Henning Subject: Benson Trails Jennifer, 2 AmericanWest Bank (successor in interest to Viking Bank) continues to have outstanding assignments of funds for unfinished work at the Benson Trails plat. In January 2012 I collected bids for the remaining work. However, I had asked on multiple occasions for confirmation that the proposed work would be sufficient and did not hear back. Per my notes, we have the following assignments: 1. $77,148.23 This will be released upon completion of the landscaping as well as an additional check for $7,961.40 in lieu of putting in recreation area. The bid for landscaping was about $21M at the time. 2. $16,516.50 I had received verbal confirmation that the City of Renton had released this but had not ever seen the paperwork come through 3. $8,059.35 This will be released upon completion of a walkway to the corner. The bid for the path was about $10M. As I am sure you understand, American West Bank is not in the development business and would prefer to avoid hiring and managing contractors to complete this work. Please let know if there are any options to consider. We would like to clear this matter from our books. Thank you, Chris Clousing I Vice President, Special Assets Officer I AmericanWest Bank 2227 NW 57'" Street, Seattle, WA 98107 I Office (206) 297-42181 Fax: (206) 784-4199 chris.clousing@awbank.net ~AmericanWest Bank This e-mail and any attachments may contain confidential and privileged information. If you are not the intended recipient. please notify the sender immediately by return e-mail. delete this e-mail and destroy any copies. Transmission or use of this information by an unintended recipient is unauthorized, may be illegal. and shall not be deemed a waiver of any privilege (including attorney-client privilege). We disclaim liability for any virus or other malicious code. We advise you to carry out your own viral checks and use other security checks before opening any attachment. 3 EXECUTIVE DEPARTMENT DATE: TO: FROM: SUBJECT: MEMORANDUM April 9, 2010 Carrie Olson, Engineering Specialist -CED Cindy Moya, Records Management Specialist Returned Recorded Documents: Mylar -LUA-09-111-Benson Trails Final Plat Recording # 20100408000683 The attached mylar has been recorded with King County and is being returned to you. Please forward copies to the parties of interest, and retain a copy for your file. A copy is in the land use file. Thank you. Attachment h:\cityclerk\records specialist\correspondence & memos -cindy\recorded documents\carrie olson memo.doc ·RcttinfAddrcss: 111111 II~ l~I !11~~11~1~11111~ Ill .&i;._ :,~.,, 1)-,,.· h-LLC S:1~;· ls-tc A~ .r 20100408000684 CITY OF RENTON COV S3.00 PAGE-001 OF 021 04/08/2010 14:17 KING COUNTY, UA S::e i.. lllr \IV I+ .. Cf '>11,:;,'8 . .• • I .. •. • ··<. :." ./ _ _... ...... - . .,;._;,; ;..: .. ~/ Pim• print or 1y~;ororm,dolW ASHINGTON s;I' A.,TE?kl:CORDER'S Cover Sheet (RCW 65.04) Document Titlc(sl(~r 1r.,.,:;acti9'11.S coIJfuine~•l!i~flin}:)au areas applicable to your document must be filled in) 1. ]!)ec 1.,,, r~-,{p.A.!. .;+ c;hrA~,.'if2._"_,.. .. .__··_"···c.c···_,__ __ ...._~------ 3. 4.c_ ... _..,_·· -r-4---"-=-"------- Reference N. u.mber(s) of Documeiits~~s.i.gn!d otreldse{ .i ,/ Addilional re(er~nce #'son pag..,.,_I / ..0..ofdocullient i ': .. , .... ,•·•.... ,.-:·•· .,· .. /··········· .......... . Grantor(s) Ex~<:tly as name(s) appear on document 1.jSc >'1$o/,II ··z:r "'I; Is Ito A e i),._,;,··-,.,., fc • I"(';,:. ~·~c.. 2._-;----,,---,--.c------------' -----~,---~~-----cf-..;.---- Add~i~nal iihmes}n pag~ ___ of document. Grantc¢(s) Eiactly"'n.;j;~Cs}appear on document ,<c ,~J.-;·· °.-'.J &.c.r, -f-o.,.J .. 2, __ ·=·_···-_···-.c··-··_·· ._ .... _· _,,._...__i---'~"------'~-~·---------------- Additional names od,pagi ,ilf~ocu!)lOJll. Legal descriptioli.·(~bbrevi.ated! i.e,A~t, b~kj'plai o;·~ection, township, range) ~ 'T R 3 3 " ::X·"J. · S-.. · ... .. . Additional legal is on page __ of"ilocun>dh;. /: (.· ··· ·· ···.,. Assessor's Property Tax Parcel/AccoJ11t N~iiiber.'. D·Assess6~·Tiix I/ not yet assigned h r 9: 9 ho ::fZJ. s:a1 t,. , 'i 'i 1, .. 0 ,,5 o:J ao I .. .. .. The Auditor/Recorder will rely on the information provide.fon,ihis form .. ..fhe ~iaff\vill 1)01 ~µd11H:.document to verify the accuracy or completeness of the indexing informati:Qn ProvlCicd he:rein/ '·-Li ft ( 'i II I "1 am signing below and paying an additional $SO recording fee (as pro'ci<lcdl~ RCW 36,JS,o}o a11d ( • referred to as an emergency nonstandard document), because this docU·fuenfd~S n~t m_¢e't-fi\J:l_rgi_p'' ~tid .:-::.--· -. formatting requirements. Furthermore, I hereby understand that the recordinl:·pr~cess\~q,y Cov,.~r.iip o~ otherwise obscure some part of the text of the original document as a result of this i:_~que5L;,·.... :· ··· .... , ... , _______________________ Signature~fRei'.j~~stingParty Note to submitter: Do not sign above nor pay additional SSO fee if the document meets mar2in/formatting 'r.eq~iremf.hts . · DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS ,,' . · .. FOR THE . BENSON TRAILS FIOMEOWNERS' ASSOCIATION ·•· ... /THIS /)Ec;lA~ t;ON i;'.MA¥.~n tJ¥! <!l!!e hereinafter set forth by BENSON TRAILS, j..,LC;,{Dec)aral'lt), th,~Ji\#ni:r ofceit;ifo l#nd situated in the State of Washingtci·n, City ofRenfon, KiritLCounty;.knbwri· as BENSON TRAILS, which is more particularly clescribed i.r{ Exllibit ~( In qrc;thJoensure preservation of the gracious residential environme,rit at .B.ENSON TllAJLs •• beclarant agrees and covenants, that all land and improvements.n9w exi:itiniror li~reafteroonslructed ther~Bn,will be held, sold, conveyed subject to, and burdli~ed ,by tpe foJio,-;ing cove·riants, conditions, restrictions, reservations, limitations, liensanfeas¢·meni, .ail of.Wh~h are fi,qtie' purpose of enhancing and protecting the valtle, ,lesir.~hility aid atfra<;.tive11essiof such lands for the benefit of all such lands and the owri~rsJher:eof ind their heirs, sµcce.ssors,.grantees an/!. assigns,.All,provisions of this Declaration sliall bi:·bi11cJ.jng)jpo.r{all,,parties hll\(ing or / .. acquirJi\g llll)'·Jight, title or interest in such hil)dS or apJ portiQh thereofaiid Sn.~11 in:rore/· to the'benefit of'each owner thereof and to the benefit ofBENSON'.'iRAH:'.S · ' ·· Hol)l'eow1i6's As~ciation and shall otherwise in all res~ects·'be/rega1ded.as cqVer;imtsi running With)he ll)nd. · · · · · ·· ·· · ·: ·: .. -· ARTICLE V AitTICLE'II .•. ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLEX ARTICLE XI ARTICLE XII ARTICLE XIII Contents DEFINITIONS PRE";E:;XJSTING RESTRICTIONS i>EVELOPMENT PERIOD • EASE'MENTS,OPEN SPACES & TRACTS ASSESSMENTS ; /i:1A.INTENANCE OF,LQTS HOMEOWNERS ASSOCIATION MANAGEMENT BY BOARD LAND USE J{ESTRIC'i'JdNS / . BUILDING REsi'R1cT.16Ns , ~~~~;~~+JRAL CONtROL GENERAL PROVISjON/ 2 3 3 4 5 7 9 9 12 13 14 14 "n. .. ARTICLE I DEFINITIONS 2 .i For p11rposes oft.he Dec!arat-i(\11 and the Articles of Incorporation and the Bylaws (')fth~ Berts¢n Tr,,iil~ Ho!heq'<Y,lier's Aisociation, certain words and phrases shall have ,/ particul;ir )heanfog ;is fq]lows: /'" ...... . . ~ . Sci:tiohJi,';Assbciition'.' ia1finean·•a'~d';~fer to the Benson Trails Homeowners' AssociaticiiJ,, its suc'<e·;sor~ anµ\Jsfgns. · · · .. · ·' Section 2. "BQard»$hall rJi'ean)irid._r~fefto the Board of Directors ofthe Association, as provided for in ,t\rticl,t IX/ Forthe,.pll!p~es of exe.rt'isjng the powers and duties assigned in this D~claration !O thfBo~fd.-this term''shall al$'o n.fean the "Temporary Board" or "Declarant" as proliidecl"in Article ~V u~.J.css,the'Jan&u~iec'or context indicates otherwise. · " " · " ' ' " ··· ·. '"·····:-_/ Section 3. "Properties" shall mean and refer to the real ptol)(;rty described with particul11rly iiL~xhibit A. ' ' ·· · · · · . Section 4>'Lot" shall mean and refer to any plo(of l~m:J;'~hownupon iifiy. / rec;orded.sub(livisfon map of the Properties. This tenn shalfnot'incl\id~.iract{cle~ign~!ed ort' the fice dthe .Plat. ·· · · · · · ... . .. .. . .. Sec'tion S: ".Decliirant" shall mean and refer to Benson Trails, Lt..c'., is sLicessors .•. and ·assigns. S,liccessors and assigns shall not include other developers who'1U;,C1,iiire one or · more undev(lloped lot"rrom tl'ie Declarant for the purpose of development. · • . ··"ii'~;iori 6. 'iArghite~iiirlii Cont;oLCommittee" shall mean and refer to the duly appointed or electea·iom,rfrttee .ofthi: Bcijird of Directors as outlined in Article Xlll of this Declaratio~; .. hereinafler refehed'to as the ''Committee". ·:-. ,,· .. -· ·:-,.~· ,• . Section 7. "DeveloimeAt .. Pe.iod" iaw~ean -~~'~ refer to that period of time defined in Article III ofthihleclaratjlin.:' ·· · · Section 8. "Plat" shall mean and refeft<i;the,pla\'of I,ots 1-16, .i.nc:lusive Benson Trails as recorded in V_olume ';}QI/ .pf P,J~ts, \~g_es~~ CS'6'". Records of King County, State of Washington, under Recotd1~g No.~"'' q O .t18.o.00~'8.3 . -·. .. ,, .. .-.. . . Section 9. "Residence" shall mean and refei"t9 any biiildings.bcc~pying any 161:, ... ,· ,; .-. . Section I 0. "Owner" shall mean and refer to the redord'owri~r, Whether;Oi or i more persons or entities, of a fee interest in any Lot, including th¢D~i]afant/but' . / excluding mortgagees or other persons or entities only holding security i/ltertsHn, ' 3 ;j'm;;perties within the Plat. Purchasers or ·assignees under recorded real estate contracts · shall fede~med Owners as against their respective sellers or assignors. . ,····"':Section 11. "Building setbacks" are areas designated on the face of the plat · adj~ce~t to $en_1µtive·a~eas, such as property lines or utilities. ""'~·,, ··:. ,,:.,.~/ ...... ,_/:!' . > ,.,,ARTIQl!i)I /PRI,,~XJSTI1'1G•R.ES1':R1CTIONS The Properiies shall ebntin.ue to:b\i'sJb'jeci to previous covenants, conditions, encumbrances and restrictions, toihe ej(tfnf that such restrictions are valid. •' . .. •' . .-' - / ARTICufin / DEVELOPMENT PERIOD;MANA.GBMENT RlOHTS OF DECLA'0N1DU.RlNG pEV~L:Q.~l\:1ENJ S.iction I. Management by D~clarant. ."Dev,lop~enlper/~" shaih:nean th.;i .·.· period.oftinie{rom the date of recording thisQeclara!cibn.iinti)(I) a dattdiye yi::ars fion/ the date of recording this Declaration or (2) the thirtieth day afterI)eclitrant has /' /. transferre,fti\le tcic°the purchasers of the Jots representini\.99,,i,eri:~ntof-the totai votingi power o(all tot oivners as then constituted or (3) the date 6n w!hichQeelarartt e)fctsfo P.Ji~mar:l.intly.~elinquish all of Declarant's authority under this Aqicle by w~fae;{ no1i'ce to .~110»'ners,whichever date first occurs. During the Develop Pericid;·the Board of/ /Diri;ctors,lifth~'A~ociaircm shall be appointed by the Declarant. . . .. >. :,, Sectio~,2. -·Ndticesito Owners. Before the termination of the Devel;pment Pefiod.Jhe.Declar@lit ":fll g~iie .\\'rllletic!10ticc of the termination of the Development Period to the owner ofeach:Uit. Said notice shall specify the date when the Development Period will ter'i)linafeand_.skll lijrtfier notify.the Owners of the date, place and time when a meeting of th~ Assocjatic,h wifl be held: The notice shall specify that the purpose of the Association meeting'iii to eiectinew Offi~er., and Directors of the Association, notwithstanding and provi~ion dfilleArticies.i;r BYiawloUhe Association to the contrary, for the purpose of'd:iis mec;llng;' the:'presence;'eit1\edn person or by proxy, of the Owners oftive lots shall constifute.ii qugrurr{Th/Bi:iard bFDfrectors and officers of the Association may be elected by.maj,ority ~ate' ofsaid·qugrUl)l. If a•,guorum is not present, the Development period· snail nevcrthelesS-terfuinefte o~ thai.diite specified in said notice and it shall thereafter be the respoi)sibiiity of\lie LI$! O)Nil~rs tojirovide for the operation of the Association. · · · · ········· Section 3. Temporary Board. Dcclarant may in i.i~ sofe ddcretlQil, an<fatsuch .. times as the Declarant deems appropriate, appoint three persoris who ~af be Owrtfrs, or,.: representatives of corporate entities or other entities which are 0~11ers, ii:s a Je~por.¥)'.:··· Board. During the Development Period, members of the Board ofDirecfqrs rieclinotb¢ the Owners. The Temporary Board shall have full authority and all rights·; · . . ·~,--• 4 fe~pc:>nsibilities, privileges and duties to manage the properties under this Declaration and i s,ball _bt: .. sµbject to all provisions of this Declaration, the Articles and the Bylaws. /"". Sectfon 4. Appointment of Manager. Declarant may appoint a managing agent, · which ~hall,hayedre power and authority to exercise all powers necessary to carry out the piovi!;ions'of-this Deda~ation, ipcludi,ig but not limited to contracting for required ;' .servites, i\biainir:ig·property,outl liabijhy insurance, and collecting and expending all •• / aSSllSSJl).tn.ts and" Associa'ti\)n func1s·:··-~ny such. management agent or the Declarant shall hafe the excJu.iive.'rightlo:.ContracHor,~11 goQtis.,and services, payment for which is to be madi:"fron, any.m6nie.5 collected fi-d,;';' ass.essin!intt ;. ,,,/ .:" . ..-··--:-:·.{ :::,. ,,-: __ { Secti'6n5., / Aci~epti~ce o;f Mani\geme~i Authority. The purpose of this management arrangef!1~nt [s to evsure,cthiit.(he properties will be adequately managed during the initial stages,of'deve.Jopm¢nt. .Acce./itaiice"ofan interestfo11 Jot evidences acceptance of this managemeri{agre'em~ht. i . . ,, . ,AR'i!ClE j·V ·' .. ' . EASEMENTS, OPENS!rACBS JND PRi'VA'rE TRACTS .. . •' ~=· -· :, ,, . ,' Section L Drainage Easement Restrictions.·· V,irious drai'i\age·ea~eml)Tlts,.l.re / indi9'ated .61\,the face of the Plat. Structures, fills, and obstn16ti¢is, including,.but,riot / limited to de~ks, Ji~tios and buildings, overhangs, and trees'shaiI ncit.b.e-pennfo~d wi,1hin d,rainage easements. The easements give the City of Renton the-right to enti;ir upon .the said easem<ints, aiid the area immediately adjacent to said easements;·iJi order'lo . i~ffe~tuate,ihe pµrp,oseii'oft~e easement, or to construct a hard surface''road <lfnong the . easements. . " , . · · · ... S.ecfiorfa. t Utility Easements. Various utility easements are designed on the face of the Pia~ fohhe,.purpbse'ofproviding Lots within the Plat with electric, telephone, gas, cable teleYisioii'iervid:,imd \Wllter. Tbesi;.easements give the easement-holders the right to enter ui,Q111hes.e{ots at'iill tiin'<{to ~ff6¢tuate the purposes of the easements. Not utility lines shall be''j)1aced,'on ~ny Lot unids uridergfoJmd or in a conduit attached to a building. Structures may only be·pla,:ed oti eaSements 1-Yith,the permission of the Architectural Control Commjttee anfthe entity tq.wh!ch the 0 easement was granted. No planting material, fill, or othef'sltbsfancb m;i1y bf placed/on the utility easement which will interfere with such utility service.{ ·· ' · · Section 3. Structures Prohibit~d i~''i{ights,of-W.~y. All right5-of-:ivay within the Plat have been dedicated to the City of Rentori: No $1ruqturesjnaybe plac~d ip·tig~,:of- way within the Plat. · · · ·· ·· · Section 4. Maintenance of Detention and Water 6ualftv Syst~(·Tht:~drne / Owners Association shall maintain the detention and water qualit;i,-.._systeni an,d erriergeb¢y access roads until such time that those improvements are deeded or·sold to a ·"· .,, · . ·:. • ~·,,,.w' i!/Qvernmental agency, which will assume maintenance and responsibility of such . improvements. .. :: :" ·· .. ··· Section 5. OPEN SPACES, Recreation Tract & Sensitive Area's. The Home 0.~ners Astoci11ticmshall maintain the OPEN SPACES, Recreational tract & Sensitive fi.;;ea'iun\il ,sti~h time .. th.at tho~~·iifipr,;>vements are deeded or sold to a government agency, which w.illjjssuiJ,e inai'ntena#ce and responsibility of such improvements. .. . . ·. ·' ,• . ·' ' ~···•./ //1RT1eLe v> ., {. ASStj'JSME#fs 5 Section I . Crs;jltion-'t>f Lie~ and P~r~ouii'i Obligation. Each Owner of any Lot by acceptance of a deed ther!l'fore, ,~hetlier ,;>f nor· it 5ha:II"be,l:xpresse\f 1n}uch deed, is deemed to covenant and agree,fo P<IY the Asso\;iation (I) iitmual a:ssef;ments or charges and (2) special assessments. An.nlJill apd special as~ssmenis sh!llt.be established and collected in accord with the fo!fowin,g prQ\-isions/'rhe iinq,iial,llnd.ipecial assessments, together with interest, cost and reasoiiab,li: aitornh's fees,'slJall bj: a ~hatgei;,n the lane\ .... and shaUbea continuing lien upon the propqiy agaii>st. whrch silch,,issessment is mac!i:.'i Each 1!isessriie11t, together with the interest, casts and reaimabie attohie'ys': fee$ incµtred•' to collect such a§i;essments, shall be the personii'.tobliga\Jon 9ftl}efoil'ividtial who ii' the'' Owner oLthe Lot at the time that the assessment fell dub. · · · · · ./ ,S~cti6n 2. '·Purpose of Assessments. The assessments illlpos~d by tli; A'~socl~tion shall be used (I) fo promote recreation, health, safety and we I far~ on~~ r<iidlnts bf the 0i'propertie~;'(2) for,the'cost-0fmaintaining the recreational area within ihe:P1~i, (3)for · . legal fees or c\amage incurred in any action in which the Association or a mem17i:r of the 'Board of ArehiJfctuFifContiol Committee, acting in behalf of the Homeowners' Associ;uk>~ ishamed a{a pa'rty,-(4)"for.legal fees incurred by the Homeowners' Association, ($) fot al)y otllerreasonabie,expenses incurred by the Homeowners' Association. (6) for'iilain!e'niince .. ofljle cbm~n storm facility. -·. .,,' ; .. ... .. , .. -.. Section 3'.'Anii~al Assefsment. 'rfie 0 initi11 al)rilllll assessment shall be$ per Lot payable in annual inst~Jlmeitts;six peicen{ofth'e as~essrpent shall be allocated and paid to the Declarant for Pliit.managefu~i\t se+vice§ provicled by the Declarant !O the Association or by a Professionli1·ni'anageme~t filfu. Siicl)allo&ited"funds to the Declarant shall cease when the Development Pedod e~pirfs a~d the Ass.ociatioo..~umes collection costs, bookkeeping and other managenie.nt r~onsibilitics,:whi4h are'descri.bed with particularity in the Bylaws of the Associai'ion: ·' .. . .. . . " The annual assessment may be increased du'ri1J~'the_.l)ev6lop.~en_f~e;iod to reflect increased (I) maintenance costs, (2) repair costs, (3)Associ,iiion afid pla(' management costs, (4) legal costs. All increases in the anniiillfusc;.ssm~n{dur.ihgtlie ; , Development Period must directly reflect increase in the above-rec_jted costs(Duri'ng .the'· Development Period, it shall not be necessary to amend this Declaration 10 raise'the , ... · annual assessments. During the Development Period, the Declarant shall give members ·-·, ,: ,• .()fth,e Association notice of any increase in the annual assessment thirty days before the /date that the assessment becomes effective. 6 ····· .. (a) After the Development Period expires, any increase in the annual assessment ·• Whic,hexc~eds 10 percent requires the vote of the members of the Association. (b) iflerJhe, De;;;-elopip't~t Pe/1od expires, any increases in the annual assessment •· .··Which el(\:ee4s JO% requires \be.a)?proval of 51 % of the members of the •.. · Ass'oci'lfion/ -( .'} . ,./ _) _.c·. ,. ~ ., '·:: .. '.' .,,...... ,:· :: ...... __ .;: ::· ,,,··=:~-.:· / (c)\~fter the))eveiopl}\ent'period'~pi'te~/the Board of Directors shall-fix the qiiar:te,ly as~ss1JJtnt in),cco.rd/i.vith!,he above-recited standards. '··';,: Section 4. Sp~bial A~essineni~ fo/<;;ar>i;al lm~rovemerits • .-"in addition to the annual assessments authorizedabote, .the Alispciati.01f'mayJevy,.jii'·a\ty assessment year, a special assessment, applicabl~to thai y~r 6nly,.for the piirp~'~e°t)f defraying, in whole or in part, the cost of any constructici·11,.,r.~to~stru¢tion, repair;i'ir r~pla9emenf_of a capita,! improvertent to the Recreational Area Withii) thenal.jncluding,-tixtµres and ~rsonal / · property reia'ting thereto, provided that any sticl1 asses~tnerit sliall h~ve.tne''<1sse~t ofjl percerit of the members of the Association who'lire .. v6ti1Jg on,,per,sofftrr-l>yi,rmcy at,'h meeting h,¢1cl duly.called for this purpose. Any capital iittpr~~eg'ient~.whjch qce(,ds $1 ~;ooo,,inuit be approved by 51 percent of the Owners. ·. ,: . . . . . . . . -: . ,-:/ .,/Sectkm s/ Special Assessments for Legal Fees and ;~inage~·. Irt··~~di;iqrt.to the ·spec.ial assi:ssm.e'nt,.auiliol'ized in Section 4, the Declarant or the Assocliuion)nay-Jevy any .• assessme~t ye;fr,{special assessment for the purpose of defraying, in whole Qf jti part, ( l) ·•·ll)gal fees al]d <;6sts _in'cutred in any action in which the Association is a party, (2) legal fees an,c.!.costs Jncurfed jn aryy a~tion·in_which a member.of either the Board or the Architectural <;:onlrol ~omrniltee is nanic:.d as a party as a result ofa decision made or action perfomi~d wh'ffe ac;t'iµg in .. belt,.lf ofth,.Jfomcowners' Association, or (3) any other reasonable expens.es in9lii-r~d b)"the Hl)llJeO\Vners' Association. This assessment shall require the constaiit'of51 perc\int ofthe'Associtition:w~o are voting in person or by proxy at a meeting duly called for'illis puflJOs{ · Section 6. Notice .irid-Ou~rufu foi Any'°Action'j\uthoii:ierl Under Section 4 and 2, Written notice of any meeting called for the purp!')'se 6f ta,ki11g any,ljcti.c>n authorized under Sections 4 and 5 of this Article sh~II b,1>:5ent_.io aII ·members not less.than 30 days and nor more than 60 days in advance oftne /rJeel1ngC At the ~ist mee,ting called, the presence of 51 percent of the members of the Assoc.iatiqii of or proxies enJitl~d'fot:ast 51 percent of the members of the Association shall coii'sti\ute aquor'um,.'lft!i'e.required · quorum is not present, another meeting may be called lo su.bje<;t to the sin.{e no*e: requirement; the required quorum at the subsequent meetini;(shall)'le oriechalfoftlie required quorum at the preceding meeting. 7 .( _> ,.. Section 7. Uniform Rate of Assessment. Both annual and special assessments :i' must be fixed at a uniform rate for all Lots. .. .,,· ...... . /· . .Sectfon 8. Date of Commencement of Annual Assessment. Due Daies. The · anriual .ilsse.?Sm~ts de.scribed in this Article shall commence on . The first a,tinuafasses!>rtient shalt,be adju_~ted·lll!cording to the number of months remaining in the .. calendar year. Wri~n notic~,pfthe Qtiarterly assessment shall be sent to every Owner ·<· subfect tti such iissessmc;nt{ The ~ililrd 9f.Dir.ectors shall establish the due date. The As~ociiiti<)n s~all, 1i'pon/de'mand af\d Jo/ reasojfal)le charge, furnish a certificate signed by an officerpftfie.Asso<,;1ati9'n seJ;tllig"i°orth whft~i:rthe assessment on a specific Lot has been paid. A proper!¥ ext'cut~d c'ei'\ificate\'!ftlie,A'ssociation as to the status of assessrnentsbn,a.J:::bt is·bindfhg upon th.e .As.soej,;tion as the date. of its issuance. . ·-.~.: .. Section 9. Eff'Jct of Non.cPayment:of A~s-essrrients: Remedils•ofthe Association. Any assessment not paid withiri 30 ciayrOf tbe due date ska.II bea(intirest at the rate of 12 percent per annum. Each O'l'ner'he~ei,y .exptessly-v~sts iii th<:-;\\fsbciation or its agents the right and power to bring all iie'iio!ls against su9h Oi'fl~(~ p~tsorially for the collection of such assessments as debts and to enfori:e fien fights 0{1\ie,Ass1i~iaJion .. by all method.s availablffor the enforcement of such liens, iiiclud,nJJ.foreclosurt' byan actioi\),roughfik; the na111'e of(heAssociation in I ike manner as'-~. mortg~ge 6f re~l property>Sucl\ Owf:ibr / hereby expressl:i':grants the Association the power·of'sak in congectib'n·wi!h si#:h !fens/ The,iiens Jl'rovideq for in this section shall be in favor ot'JheAs,soci~tion.,and ~alfbe for the·henefit of the )).ssociation. The Association shall have.the p'bwej'to bid i1{an.fotertist a11i:I fore'clost1re sale and to acqiure, hold, lease, mortgage and convey.the s:iini:;'Thii Owne{is reiponsible for the payment of all attorneys' fees incuri'i:d·iti.tollectfng piist due i'asse.ssmel)'l's or .en~orcing tl]e terms of assessment liens. No Owner maywaiye or.•' . · .. otheiwisli escaj\e•fiability for the assessments provided herein by non-use oft~,{ -R.~creationaE;;_rila or,·abiµJdooment of his Lot. ' ··. -.. ,Th~ A$socfatioA sha!Ltt~ve the ~lght to suspend the voting rights of an Owner for and period during ivli1'ch atiYass~SS'!ijent whii;IJ. the Lot remains unpaid and for a period not to exceed 60.;Jays for'°ariy iri,fracti01J .ofth'e terms of either this Declaration, the Articles or the Byiawfofthe Association. ,C . ··: ..... ·.~ .. . Section IO. Subri'rdination:~fthe Uen toMottga;e:The lien for assessments, provided for in this Article, shall.be' subbrdi/lated'to the li~n 0,f,ariy first mortgage. Sale or transfer of any Lot shall not affect the i.ssessmerit lieh. Bo"'.exer, th6•.s.ale or transfer of any Lot pursuant to a mortgage foreclcis~re,w any prgceegin!i'in lieirther~f, shall extinguish the lien created pursuant to thf.(Afticl\;'as.fo pljymef\ts V1hi9h become due prior to such sale or transfer, No sale oftransfer;'howev11r, sh.ill rt1lieVce such l,orftOO'I liability for any assessments thereafter becoming dJe.ot'front the'Jieri'theieof. · · · .. · ·: ,. :. ,· ,. Section 11. Exempt Property. All property dedi6ated to·~nd~c.tep\¢d •. bf lo~l, public authority shall be exempt from assessments provided by this A,.ttiqle. / '' · ., ARTICLE VI MAINTENANCE OF LOTS 8 _, ·;Sectfon L ..... _);:xterior Maintenance by Owner. Owner shall maintain each Lot and Ri::sidencdn,a'neat, cfe:in and a.ttractiye condition at all times. .. •' .. . .. ' ~- . 'i ::· ./ / .,, .:: {'':( _{ . ' --.· _: (ii). i" Street Trees: ···-"fhe,.streej trees planted within and/ or abutting indi_vi<!iia(Lots sh~II be\ni/l)ed an(l,111_atiitaine~-b.r. the Owners of said Lots and the trees ·: .. .. ,• •' -· ... ., . ~ ~ ~ .. plariied withiriand I ofabi,ttingJl!eJir1vate·and,,pul\!ic tracts within he Plat shall be owned and maintained by thi: Beiison'Tra:iis Horrloow·hers'Association. . ·' . / .... ./ -. (b). ltefus~. A,1] lot{sh11ll be;kept free of debris. All refuse shall be kept in sanitary containeni:"'screeried !1'om_,View'of;md·I:.Q\ in the P\~i;,1,he containers shall be regularly, emptied and the c;,6nteJi"i.s qisposf~,-Of offthe'Propert{es.,.No grass cuttings, leaves, limbs, branches, and oi):ier_deb_rfs froin},eg9_tatl9n s~afl \x'_d'ufuped or allowed to accumulate on any part of the Pro'i>e<1-les, ¢xct:pt t!iat a reg,,ilarfy te~ded compost heap shall be permitted if the compost heap.i:;,:toriceal~d from vfoi. of iiny pHh~ __ properties. , ' ': {cl. Storage of Vehicles. &:ners ~ay nbt store ~doo:•fcir eqbipmetl; o/ perrn~hently parked vehicles (e.g. boats, cars, triicks;'~amper{ aryd r~treatibnaLve~i,le~) in open vi_e';,; of a~y Lot, or al low others to do so. Wher{yehi'cleJ; or good,s are:' / · pefl]lanately parked or stored on Lots for a period over 24 lfou1, other than i,ii th.e c/rcum~nc<i~ des,~ribed below in subsection (e) of this section;-t_he vehicle~ a11JI gorids -~hall bli adeijuat<;fy screened from the view of adjacent right ofways·tifid L'otstThe ._/screening dfsuch v_ehri:'ies9fgoods must have the approval of the Arc'hit.ectural Control -Corriinittef. . -· ----- '\, ' -...... ---(d}. / luiorobedyf'arki;d Vehicles. Upon 48 hours notice to Owners of an improperly::par[ied vehie:le,-·ihe Board-:_has the authority to have towed, at the Owners expense, any v:ehici~·s"thayaf par.ked, in vjolati,in of this section. ·' ,· . ;. . fo)'' "··i'em~orah'. Parki'~~ il)' Owners>,.This section does not prevent Owners from parking autoinobHes'a11d t!'l.!cks on drivewjiys,,when the Owners are out of town. (f). Temporary Parking byGufstsi This -~.e.Ftion d()~.SllOt prevent guests from parking automobiles, trucks.or r.ef.reati6n~l ve)iicle,s in di"ivew·ays for a period of four days. However, if the guests eithet(lJpla_n· to'par~ thei_f ve!li-e\es in driveways or (2) stay in their recreational vehicles for a perfod-inj,xc~ss of,fourctay,s, th¢ O,wti'ers.r.nust obtain permission from the Board. · · · · · · · · (g). Dilapidated, Unsightly Vehicles. · Neitb.fr O~nef~,hor th~fr--kue:its. are allowed to park dilapidated, dysfunctional or unsightly vehicles iQ'dtjve\ltays":" i · ., 9 :' >·.. Section 2. Easement for Enforcement Purposes. Owners hereby ,. irrevo;cably grant to the Association permission for purposes of going upon the Lots of OwnerffoMhe purpose of removing vehicles ofother similar objects which are parked or /stor.edjn violation of the terms of this Declaration. . . . ,·'Sectiori'3. Lot Ma.int<mance by the Association. ln the event that an owner .ShallO:fail .io.:inain!ai~ the-exti:_rj6r of h,ii; premises and the improvements situated thereon . in aJnarirn:t co~istlfnt >yit~:maintenanc~_sta.Q<:lards of the Benson Trails community, the Bo~rd . .shall, upon receiptt\f writte,ll £_0111plainfof.any Owner, and subsequent - investlgatjon wh,ich vQi'ifie·s that \;b,njliaint;alfaye the right through its agents and employeesJo enter upon.ihe offending O~ner'~.w/t and repair, maintain and restore the Lot and the.exterioloftlie il)fproviinents.,6~tha1Lot if the Owner shall fail to respond in a manner satisfactory to theiBoar:d wit,hiii' f5 d~j,s after mailing of adequate notice by certified mail to the l~st_kr/own_Jlddreis ofthe,bw,ner:Tl:ie cost of~llC:l(l repair, maintenance or restoration shall be .ass'<ssed Jig;,iiist the LoJ, and the )3oard shall have the right to cause to be recorded S::notke of lien·· fgf lab.or·a11d riiate~iakfumished, which lien may be enforced in the manner .provided 1:iy tlie la;. ln'th,e:i:v~t i~at the estimated cost of such repair should exceed one-haif·o.r.,6ne::ass<issed vali.fo of the· Lot,allyjmprovements of that Lot..the Board shall be required io h.iye the.assent ofS I perc:int ofthifiremberl before_.under'mhing such repairs. '·\ .> i i '·· ........... ,_ \. .. i ;.' Section 4:• Construction Exemption, This Arti~·le cloes-~ot llPPlY to tjli:: / .i coastruc\ion ~ctivfties, storage of construction materials, consttµctiim (libris/orJhe use aefd pariing pf co~struction vehicles by the Declarant or its contractors duri.iig _the } Devel.opment period. •. -·· . . ·' .:· .-.... ARTICLE, VII lfOMEOWNERS ASSOC IA T!ON · S~ctiori I. -NoriprofltO;ganiz~iion. The Association is a nonprofit corporation under the law(of tlie·Stat{q-t Wa:,hh1gtoh. . .,,· . ·' ; Section 2:·"M-e~be\-shiji, Eve;'y"owneriifa(fy .. Lot shall become a member of the Association. Membership shaJi·be'<ljlpurteiiant'to t~ Lot ari.d may not be separated from ownership of any Lot shalri.l.ot be as#ign_ed o/co.nyeyed -in.:'ai\y,way except upon the transfer of title to said Lot aricH.lren·'i:inly to tlie tr;insfe'ree0 oft~:1eto.Jhe Lot. All Owners shall have the rights and duties specifii;d_ in this-bec.Iaraiion,.itie Artf\:le.and the Bylaws of the Association. ·· ·· ·· ·· ·· ·.. ;-· · · ,.,.,, Section 3. Voting rights. Owners, .in~i\ldi'ngthe J)eclatant/sh,i;ll be•entitled.tp one vote for each Lot owned. When more than one perso11ot entiiy owns:lln interest in anf. Lot, the vote for that Lot shall be exercised as the Owri'ers p·ecidi:: to,he~ise thiwvote, i .. •· but in no event shall more than one vote be cast with respect.t,;" any°Lot'nbr sh.a!.fa:iiy vot~' be divided. The voting rights of any Owner mai be suspended as proy·ided fq'r inlh.i.s .i Declaration, the Article and the Bylaws of the Association. · · · · · · · 10 : , Section 4. Meetings. Meetings shall be conducted in accordance with the Bylaws ofthe:Benson Trails Homeowners' Association and RCW 64.38. ARTICLE VIII MANAGEMENT BY BOARD "'''•·,, i . , sehti6n J,.··Exoih1tioo.6.fthe Oevelopment Period. Upon expiration of the ' ,/ DeclaraJtt's martagefuen,t a.L'ithorityuiiderArti£le III, all administrative power and autli,oriiy $hallivesf1n a:B6llrd ofi~r\,~.,<lirectc!i',, who must be owners. The Association, by amend111eniof'ihe ¢ov~hantI~~y"incr.ea£e_}hejiumber of directors. All Board positions shall be open for eleitiori,at the first a,iIJl'ial meeting after termination of the Development l'er.idd. A/ theJirst meetil)g,i'i(fltli,ir the temporary or permanent Board of Directors, the newBo_atd shall aq6pt l}yiaws. T:he Declarant will make copies of the Bylaws available to Cot Qwnerfupoifreqtiest/ · / ...... , ·.. i' Section 2. Tenns. Th~_terins df the{ aoard_ .. ate-defi~ed jn,tfil Bylaws. ,,· Section 3. Powers of the Bod~ .. ;AU:~o~rs of;Ii/Bl)~d.:fuu~tbe,ex.ercised in, accord v,iith.the Bylaws. The Board, for ihe henefit·of,;11! the Prcipert,ies and tffi:; Lot / '> Owners; shal!;:,nforce the provisions of this D.:claratiqn'a~'d th6 ByJa\vs'.l1taddjtionJo / the d9iies and po):Vers imposed by the Bylaws a~lhmy r<:50Iutiol),.Oflhe"A5ioci'!tioI/thaf may,be hefeafter i!dopted, the Board shall have the power al)d be responsible for the ./ fol,towin_g, in/way pf explanation but not limited to: · · · (a}: Insurance. Obtain policies of general liability 'ifrsat.~i1ee;t .~.. . .. ,(b{Legal a~il Accounting Services. Obtain legal and acc~uriti11g,'~rvices \f.necessary .tb !fie adrlilrtistriition of the Association affairs, administration ofthe Recreational Afea Withirt th~'Plai,·orenforcement of this Declaration. -.,,.r .. .• / ·. •' •" lighting. ':{c). 0 St~et Ldgbtingc"l'ay :~II costs of operating and maintaining street . ,.·· ,· .: .. ,. .. . ·-,~····· (d). Mainteiianci:s,ofLots. !( ne~~ssary, njaintain any Lot if such maintenance is reasonably fu:cessarY,::in the j udgm,ent gf tl,jj Board to preserve the appearance and value of the P'ropertles iir Lot. Tile Bciard"inayiaiiiho.rize such maintenance activities if the Owner or.:Owners cifth,e' Lot ha.v~_failed·,gu~fuse·to perform maintenance within a reasonable time aft.er ~*tefl.notice 9fth~ necessity of such maintenance has been delivered by the B0ard:·1o'tlfo Owner or .Owners,ofsuch Lot, provided that the Board shall levy a special assessment againsi the Owner pr Qwiiersof such Lot for the cost of such maintenance. ' · · .. · · " (e). Discharge of Liens. The Board may also pay an~ arriotint nec~i;~·ary.fo., discharge any lien or encumbrance levied against the entire Propertie~'o{any'parflberi:9f which is claimed or may, in the opinion of the Board, constitute a l,eii. againsf'the,,. · · . Properties or against the Recreational Area within the Plat rather than met¢ly agaipsuhe ·,:, .,•' . 11 ./ht~rest therein of particular Ow11ers. Where one or more Owners are responsible for the /·ex.isiei)ce of such liens, they shall be jointly and severally liable for the cost of disch~ri{ingcit and any costs or expenses, including reasonable attorney's fees and the _.:costs.oftitle)earch ·incurred by the Board ·by reason of such lien or liens. Such fees and : cqsts sJ\all l>e as,~se~ against the Owner or Owners and the Lot responsible to the extent ··"" o.i" theit respqnsibility: " ·· .f ,· _f (-0. sbcuriix/~~y ~lli~st~.del([lled appropriate by the Board to ensure adequate security f.6r the 14,ts con~ti!uifng the}e~idential community created on the Propertid:. ".. ..... ,· ,· ./' ./ , :_,/_/·',,, /'./,· _,/ ···.'/ .{-' :.-... ,.,.. "\,. ;_/ ·:, ... (g),··Righi to Qontract. Hayb .the.~xclusive right to contract for all goods and services, maintena,ilce, and c11pital}iliptt>veri\ents provided, however, that such right of contract shall be slibjecfto Aiociii!iory·apWi.,v~l.-.. ·· , (h). Right of Ei\trv. Ent~ any' ~iit w~en,,reas:onab,l;}'rie'cessary, in the event of emergencies or in connectioii'-With)my #iaiiiten_iince;'landsc.apinjl: or construction for which the Board is responsible. -Except)p'. cases cif emergei\cies, the B,0ard,jts agents or employees,,\ihall attempt to give notice to the',':Owrier'or occµi:,antOf ;ihy Lot 24 .hours / prior tqsuciieniry. Such entry must be made\yith as li.ft!eJnc~~~enience'to,the!)w~er af practiiable, and ·any damage caused thereby shatl·he·tep<1ired.by !he'Board-··\fthe er)fry ./ was ~ue tcfa11 emergency (unless the emergency was cai)sedbythe Qwner of~e µ'ot ,.,· ent¢red, iii w~ich ¢ase the cost shall be specially assessed'io th~ Lot) Ifthe repairs orf m,ainten~nce.hctiv!fy were necessitated by the Owner ofthe Lot\;ntered, in .~h\cb c_!\se the cosf shall be specially assessed to that Lot. If the emergency ofth(need· for jnaintbnan¢e or ,rfp,iir·was·caus~.d by another Owner of another Lot, tfieci>stlhereof shall · be s~ecially as,ie:,sed against.the Owner of the other Lot. ' · .,... . ... ib. Pronjulgatio[) .of-Rules: Adopt and publish rules and regulation govern'ing the ~em:bers' ancjt~ir guests'apd establish penalties for any infracti_on thereof. G}. Declljt~~ibn ot'Va6~pdes,·b6i;lare the office ofa member of the Board to be vacari'rin·t!ie efen('that a m'tlrnlJ"er o..fthe .. Bpard is absent from three consecutive regular meetings oi'tlte-.~oard, · (k). Employ~~m,of·Man~ge/ Emi,Ioy:~ Iri~na.ier, im;I independent contractor, or such other employees asihe B'oarlde¢tns·heces~ry a.rid.describe the duties of such employees. · ' " ,: \ ,,.. "·. (I). Payment for Goods and Se~ic~s.' Pay for ;ii'1 gobds'andjjei;vfoes· required for the proper functioning of the Recreatiorta.1. Area Withfo t~ Pl.,i.ttlhd the Association. ·· · · · · " (m). Impose Assessments. Impose annual and s;,.,dal ~seysm¢~~': . . ,_ . ,• -~- ; 12 .:' >·,.. (n). Bank Account. Open a bank account on behalf of the Association and desiggateJhe signatories required. .. . .. .. (o). Legal Actions. Commerce legal actions for the enforcement of these · co~enahts o,t' any-other. legal action that the Board of Directors.deems necessary for the pfotecilon,:iifthe Plat. Th.e Boar.d also,pas the authority to defend against legal.actions foitiaied against the0.Associatioh. / ,: ·: •' ·: .,· :: ·: s ,• .,,···.}· . · / i / :'fp).,txerGis~. of P~~er~/butie~'a~d Authorities. Exercise for the Assciclatior, all'powery; dl!,ties 1!11\f lluthoriW'-Ve.~ted)n or delegated to the Association and not reservcil.to the mtml>~rshJp liipther pr,ovisio11~ of the Bylaws, Articles of lncorporatioii;-or..tl\ls Oeclarition.,The 13qhr.&·s~il have all powers and authority permitted to it under tJjis Deidaration aild'tlfo Bylaws. However, nothing herein contained shall be construed to giydhe Board a'uthprity_io conduct a business' t'o, profit on behalf of all Owners or any of them. . . . . ., .,· . - ,ARTICLE IX ' .•' LANDVSE RESTRICTIONS i s::;iiinJ. Residential Restrictions. AH lots wiflliry,'\he i;o;:rl:tes shanbe us~ : solely:'ror privatii,single-family residential· purpo~es:Eac,li res;'de9citmOSt·hhe a prf\lat,,,' enclosed c;.a'tshelter for not less than two cars. No singlt~fan:iilyistru~ture,sha]Jbe.iilteied to provi<!t res'iden~e for than one family. No Lot in BensoriTra\ls sh~)l.be furihei ' di~ideck ·· · ·· · ·· ,/ ,( ·' . . .. Se<it;on ·i° Property Use Restrictions. No Lot shall be used in ~'fas~ii5~ tiu;t ./ unreas0n'ably Jnt¢rferes with'lhe·other Owners' right to use and enjoy their ~p,iic,tive 'L9ts. The Bpiiref, th~ . .Commi\tee designated by it, or the Declarant during the ,· Development l?eriqd, s~iill dttepntiiew.he;her any given use of a Lot unreasonably interferes with'tho§e rights;isuc'h determ'inations shall be conclusive. ,. ~J ! . " . Section\ Prohiti'iti6n of~ui:sanies•~nd:Untidy Conditions. No noxi~us or offensive activity or"c'ondi(ion $hall be c6nc!uct¢d on·liny Lot nor in the Recreational Area, nor shall anything be:,dorie·drll)ain~ine!l'on the Ptop!!J:lies which may be or become an activity or conditipn.whi9h u.ri~ea~bnabiy i1Jt~ri;;re's,with the right of the other Owners to use and enjoy any ~anofthci'Propertifs. !'161.lritidy:'orii'fisightly condition shall be maintained on any property. Untidfcond.itforis s~all foci~, but ili'.en9t limited to, publicly visible storage of wood, boatsitpiil,::rs recr~atitmafvehicles and disabled vehicles of any kind. · " · · · · Section 4. Fences, Walls & Shrubs. Fences;'wail or.,ihrubs ~ petmftted to delineate the lot lines of each Lot, subject to (I) The ap.proyal of the'Arciiifecturj\1"0• • Control Committee and (2) determination whether such fences; walls or shru!is w<:iuld i interfere with utility easements reflected on the face of the Plat arido\Jier.'eastmeiits .. / .·.· elsewhere recorded. No barbed wire or corrugated fiberglass fences·shalfbe e'rec'reo on' any Lot. All fences, including chain link fences, open and solid, are to m~et the st:uichi~ds.·· •:, .. ,.,, ... 13 set.,by the Committee and must be approved by the Committee prior to construction or · •'instail;ttion. No fences shall be constructed in the front yard or front setbacks. Fences or ra.ils siiaffbe erected and maintained at the top of any area where they create a vertical or . I1eady. .. vertical retaining wall or slope over three feet (3 '). :' .iSectlon·f Tertiporary siwetures. No structure of a temporary character or trailer, , .recre~1io!)alNehis1e, basemeut/tent, s.ifack, garage, barn, or other outbuildings shall be C ·'usec:foniiny Lot/at a/lY t\infas a residen<;t::, .. ~jJher temporarily or permanately. No ve~icl~ pi.irked inpublfc tight-of'111i1t,may bej'u~~d temporarily or permanately for resideiltiat purppses ei¢epJas proi(de11 in,Arti<;ti,y,1. - .-,,· ,·· -~-· .... \ ,,,,· :'' )" '-\,. ;'.' . 1:,,/ Sectit>a. 6.,.Minirig. No oil drilling{ oil development operations, oil refilling, quarrying, or mining operatibn of~ny kJt1tf,,shalfbe permitted on or in any Lot, nor shall oil wells, tanks, tunneJ~, f!)inerar'excii,{atip'n o(shajh·be.permitted Jin,or in any Lot No derricks or other structtite desig'ned .for L!Se i1{b9dng for ili! or natiira(gas shall be erected, maintained or permitti;d upbn.a'ny !;:ot/Oil ~to(agei°or rc,ilclehtial heating purposes is permissible of the siotag~ .. ian~·is,.buri<}d. . .. . .. Section 7. Signs. No signs, bill6oards, o~other advefosit\g ~t~~;~;~ or device/ , shall be;·displayed to the public view on any I:;9t'excep\'onlsigrl not'toJoo:e,ed five sqiiar¢: feet in area may ~e placed on a Lot to offer the pr.operiy for sale or rent .. Signs ~Isa f!1ay ' be u~ bt·i.,builder to advertise•the property during the:'i:onstruction_a,nd, sale_pericid. ,' Political yar&sign~ of a temporary nature will be allowedoii Lots during campaign .· pe,riods/Witliln five days of the occurrence of the election, suci(sigriSrtiustbe rt:mq;;;ed from Lbts. The Bbard may cause any sign.placed on Properties iifvielation'bf.-this i ,./prov_ision lb be .~m,.wed·al)d destroyed. <-. .. /· /-,' ·· •.. Sectiori f Animals. No animals other than dogs, cats, caged birds, tanked fish, a·nd.9!he~.conv~nti911al ~malf household pets may be kept on Lots. Dogs shall not be allow~aio run::at liirge/The,'Owj,er or other person accompanying the animal shall remove animalwaste·ilepqs\t'ed O!Jla,wnsisidewalks, trails and right-of-way. All animal pens and encloSlj_res mu~(b,e approve<\,by/thii Committee prior to construction and shall be kept clean anci'ddot-'fret;°at a.JI times:lft~e investigation of the Board indicates that animals are kept in violatiiin ofthis}ection, th.ti Board ~ill give the Owner 10 days' written notice of the violatk1n. The dwnet mrist remed/such'violations withiii 10 days. Failure to comply with the writu:nnoti<i will reiillt ii,'a fihe of.$2:S_per day. The Association shall be entitled to attorneys' fees for any arition taken to c9Jlect such fines in accord with the provisions of Article XIJI, Se.ction.4. / ....... ·· ·· ·· ·'-,: --,. .. ARTIC;LE:X .i. ..... ..-'· BUILDING.RESTRICTIONS: Section l. Building Materials. Homeowners who cio.qESt have Bepson :r;aii~ LJ]C/ or the contractor designated to construct homes for it shall be obliged)o Use #iaitriit_ls:b( a quality equivalent to those materials which Benson Trails LLC's Ctintiactorhss.utllized for the construction of homes in the Plat. If inferior materials are utilized}the Coniinittee .. •' -· t 14 will require that such materials be replaced. The (I) grade of materials and (2) price of "mater(iil~ ~hall be relevant considerations 1n determining whether the materials equivalent quality': · _ ""\ecti6n 2.--·Permits. No construction or exterior addition or change or alteration of ariy str\icture . .niay be started on _any·pqrtion of the Properties without the Owner first / bbtairtinga,buildingperirlit ;u¢'.othe~;Aecessary permits from the proper local · '--<"govemmerii authority and i#ritten_,a:pjiroyal-of_such permits from the Board, Architectural Cohtrol Ciimnfitte,;ibr t_he"'L?eclarajit;,.1J{e Co,pmN~e must approve the plans for all construction or-altem~tion;"i:iropo_s.aJs (see articlf Xl!). . ,' . .. Sectiiin3.--<'.:od~. Al/cons,i;uctioi:i'rrii:ist~~nform to the requirements of the State· of Washington, Uniforin Bodes (b~ild/iig; mec~~nical, plumbing) and the City of Renton codes and requirements, iJi. forc1fat tl:ii, cqfum~ceJ)lent·ofthe con5stfo,,tion, including the latest revisions thereof.·.-· · · · · .,--·· Section 4. Time ofCompl~tiori. Th~ ¢~terib·; ofa1:1Jstr--6°~tt\re, including painting or other suitable finish and initial landw_~ping, sliall be compll:ted--\vit.J;;i-n,eight months 9f the begi!ihillg of construction so as to present a fin,ishe.l appeara,rice--v,hen viewed fro,{ any angle. Theponstruction area shall be keph:easonal;,ly ¢Iea11°durini,:-th"e'tonstructi.o'it periocl' · ·· _,., · · · · · _._-Siktidn 5. "Entry for Inspection. Any agent, offic~r6r mi:m~~ of the Soard, " Committee, cir the,"Declarant may, at any reasonable predetermiiied hour upoii 21i h9iirs 11otice:durin! theionstruction or exterior remodeling, enter and Ih~pe·9f th1i'struct4te to .:-'determinejfthere halfoeencompliance with provisions of this Declaration. TlJe iibove- -.: reciied,irldividaals shall noi ~e deemed guilty of trespass for such entry or insp,;,ttion. T_here is crelJ!~cj:as easeinen(over, upon and across the residential Lots for thej\urpose of mak4Jg ,1nd carryirm ouf such inspectiqns . .. ~ .• •' .,: :. ... ·', Section 6. C1lhtraciof. N9 .. hrnne ri,ay ,I)~_ constructed on any Lot other than by a contractor licen"S(;~ as i;~nerit! c~htrac'tor,prnkr tlie statues of the State of Washington without the prior approva(i>ftije Committee. --,-·'"·,, .,:. AR-TICI,JE x( l/TILITIES ·: .. ,,,.,;: Section I. Antennas. No. radio--or tel~v.~ion'~~tennaS:-tr;~sinitters or parabolic reflectors (satellite dish antennae}"~hail_be permitted,,tinless,11pproved by the Committee, · ·· · · ·· · ·· · · ARTICLE -~ll _f . -/ ARCHITECTURAL CONTROL ,· Section l. Architectural Control Committee. (Committee;i'tipoh teiiniiiati~~-o~ the Development Period, the Board shall appoint a Committee. The Comm_ittee sh~!I _/ 15 .i:onsist ofnot less t)lan three and not more than five members. It is not a requirement that c'member$ofthe Committee be (I) Owners or (2) members of the Association. -~ . .' , .. · . .,,. ·· .. ,.puriiig the Development Period, the Declarant may elect to exercise and perform ' the functions of.the·Cqmmittee. If the Declarant elects not to perform this function, or at aiiy tilrie elects'to no ltil'lger performtbis function, the Declarant or the Board shall ,. i(ppoi11t theComi:nit,\ee t(l fu,11.9tion as,J\erein provided. After termination of the · )'Dev.elopin¢nt P¢riod; the fybctionse1fthi,.Com.mittee shall be performed by the Board unti) sui:h.tim~ as !)le B/;ard. shall ~pppitl! and)lesi.gnate the Committee. The Committee shalftie appoirited'witjrin l!'mo9W'~fihe e)ee/igri ofthe Board following the termination of the Deve)opment,Period. . . < '· ·••,,) Secti;·~·2. Jurisdicti6~ and Purj:u:i~e/ThiCommittee or the ·Declarant shall review proposed plans and spec.i(Ji;atio9s for/Residen.<ies, .ace'ess.>ry strucl\ifes,(e.g., garden sheds, tools sheds, doll iiBuses;tree)\ouses, gaz,ebos, and playgrml'i1d.,fquipment), fences, walls, appurtenant recreational.fac,i1iti€lii(e.g'.,Jiot tµbs;.spas; bask;()ibilll courts, basketball hoops, tennis courts, swimming.pbols·; bath hi:>uses; anifuat:per,s, or'enclosures), or other exterior structures to be placed upon'th.e,J'roperti¢s. No e~ter.ibr a\i'ditlon·or;;;tructural , alteratioifm~y be made until plans and specificatio11s's!iowirig tli~ nature, kind; shape,/' height,Jnaterial,5, and location of tile structurti"-or alter.;tion,'hav.c, beeri''submittecho a~ appro.yed, in wriiing, by the Committee. The Commiriee,also,.s'ha!lfevlew-r:i~op9salfto c-' chante th~'exteri<i,r design and location of the proposed Stru¢ture; alt~ration, o(coJor / chiiciige harmgniz(with the (I) surrounding structures, (2)surrdundhlgniuural a~ bufit eifvironment,:and (3) aesthetic character.of other homes in the Pl,it. · · .. .i Section J'. Mifrn'Bership. The Committee shall be designed by ihe.~o.lkd. An .. : elecilo1Hb fiH,.eitller a newly:,created position on the Committee or a vacancy ,;:,ry'the 'Committee r,e'qufres t!ie\.ote pf the majority of the entire Board. However, the ·Board is ncitob!jgated t<'i fill:i vacancy or.t11-e·CCl.mmittee unless the membership of the.Committee numbers less t~an !hr~_i persons. ':; Section 4. Desigri'adon ,if~ Repr~~e.n't,;tive. The Committee may unanimously designate one or m'ore'of it~ m~mbers oi\, thirdjiart{·to .. act on behalf of the Committee or a Committee member with r~sp&;po both niinisteria(inatters or discretionary judgments. · · · · · · Section 5. Donation of Time. No metnbc,r ofth~·'c::ommittee shall be entitled to a11y compensation for services performaj on .~half'ofihe C6~'mittee: Corfunittee members or representatives shall have nc/fi~;J'.nci~I liability resµlting'f{Qm Committee actions. · ··. · · · · ·· · · Section 6. Address of tlie Committee. The add~ess ci'r thl Coiilmittte slmllbe the registered office address of the Association. Section 7. Voting. Committee decisions shall be determi~~d'by ~. majorfty_'.~6;~, by the members of the Committee. ·.. · ··:.;,,,,~,--···· 16 .. · '···Section 8. Submission of Plans. All plans and specifications required to be submifred'to the Committee shall be submitted by mail to the address of the Committee in ,duplicate. The written submission shall contain the name and address of the Owner • su\;'mittjng the plllJIS.~.nd specifications, identify of the Lot involved, and the following i11formiitiori al>Clut the j,roposed ~lrl!Ctl,lre: . . .,' . (a).ihe 1Jc(lt'l6~ ofthi,stru.ctµre upon the Lot; '~o).fhe.~l~~tio~ ~fJiii·::rµc.i6~"~ith reference to the existing and fir)fshed Lofgtl.@e; . \ / ( c) The general d~~ign;/ ; ( d) The frti~rior,f~yo~( ii .... ~·""",•, (e) The exteri;/finishfuate/i&fs and°';~lbr, iricl\l'diri~ roof materials; .. ,. . . . ··./: ·' (f) The landscape plan; (t) Other information which mayrequfre in order to·determfue ~het!jer / \the structure conforms to the standar(!s. articu,latedjn .. tl)e D~elar,atio1{ ;and the standards employed by the Corrrmitt~e ir(eviiJuatirig 'development proposals. · · ... .-- . iSecii.on 9'/Plafi"Check Pee. All individuals submitting plans ti>-t1ilc:6mmlttee .. shalfhe . .obliged t,r'pay a reasonable plan check fee to cover the administratk-e costs of ··ri;viewing su.chdevel,apit)ent)Jroposals. ltwill be necessary to pay the plan clietk fee upo11 subr.nilii11g pl,µis arid specifications for Residences. A fee of$25 will be charged for the rev'iew of othet structures .. / . ·,·..... -.. _.. .. ,• Sectio~lO. Evalu~ti~g D~vel'opm~ntPrbposals .. The Committee shall have the authority to estabilslniesth¢tic $landards'toi'eviiluating,development proposals. ln addition to such standards/in e'11altia\ing developmo;rit pfopqsals, the Committee shall determine whether the exteh)al desigii; c9lor,.buil9ing niatirials, appearance, height configuration, and landscapiiigacl".th~ proposi:d s\fuct~i-e /fanTl~n'iie}.vith (I) the various features of the natural built environmeiit, (2jtl»'aes\hetjt ch~r,icter of.!;b.t: other homes in Kristen Woods, and (3) any other factors. whjch affo~t the g~sii-a.bilitfor suitability of a proposed structure or alteration. The Corrimh,t~e v,111.iiot a;j,pro~e t~mporary or non- permanent structures. Committee determinatioils•mijy bc)1mei1deq,by ii majorityvote.of Committee members. Section 11 . Exclusions.· The Committee is not reqtiire~ to ievi~\,/p1a11s,;ilid .. specifications for homes constructed by Benson Trails LLC., or B~nsort Trail~ LLC>.s./ Contractor. · · · ·· ·'· ··.• .,.,:., ..... 17 .:-_:-., Section 12. Approval Procedures. Within 30 days after the receipt of plans and :specifi:~ations, the Committee shall approve or disapprove the proposal structure. The Comrilitiee !!lay decline to approve plans and specifications which, in its opinion, do not .tonfocm to restrictions articulated in this Declaration or its aesthetic standards. The 'Cqfuml_itee ~hall)ndic.ate its approval or ·disapproval on one of the copies of the plans and specifit:ations.provided•by the applka11t and shall return the plans and specifications to tlie agclre~s ~hOWl).0!1 the,pll!JW~nd sptcif]cations. . ·. .... :; . .~ . ., .,···•:/ , .S~tion'l3 . .-'Compl\~nce .,.;;,th c.6"des. [n all cases, ultimate responsibility for satisfying'all t&;atbui!ding·cods,s.afJ'a\eq4ir,etnehts:rests with the Owner and contractor employed by the O\V11·er. The Co/ninittee ms no.reriponsibility for ensuring that plans and specificatioril,vhicfi it revie,ys coniply ~iJhJiiCl!fbuilding codes and requirements. The Committee shall be he_)i:i ha~lesfin th,_e:1:v_eiit t/iat a structure which it authorizes fails to comply with relevant byilc!Ing aod zo,riing+eql!lre~ts for any deftct_in any plans or specifications which areapproyed bj the'comlT\ittee nor ~hall any"meinber of the Committee or any person actiri·g or\"be~lfoft[l'e Co_mmitteci be µi:ld-iesponsible for any defect in a structure which was built piirsu.~ntio p_lans ci~ ~pegifi2~tions approved by the Committee. ·· · · · ··--· · - .Section 14. Variation. The Committe~shall h;ye tlie atifhori\y#f!lpprc,\'e pl~ris / and specificatio~ which do not conform to these·r~ttlctj6ns H\ oi:der·tC>·(l}overcor,i'e / prac{ical dJfqculties or (2) prevent undue hardship fromJ,eil)g ii.ripo~dor an pwrrer a{a resu"it of applying these restrictions. However, such variations hlay pnly,he apj,rgved}n th_¢ evegitha(the yariation will not (I) detrimentally impact on ihe overall appc::iirance of the development,/2) impair the attractive development of the subdivfajon 9\-(J) / ,~dveriiely ;iffect the .. chal'ao(er of nearby Lots. Granting such variationfslla:11 only be : grance,Ufihe 9bµ,rnittee determines that the variation \VOUld further the putpos¢s and · 'in.tent ofthes_lr~stric.t-i6n~. V~riations shall only"be granted in extraordinary · cirC111J1~!!!JJC:es.: Sectiori" 1 s.··Eri0 forcim~nt. Jn°11ny j~dicial action to enforce a determination of the Committee, the-:lp_sing pafty-:shalfpay:tliecpre~a,jing party's attorneys' fees, expert witness fees, and o!he{cosi~ in¢urred in'~o,jriec.tfon Wit.h such legal action or appeal. (See Article XV, Section 4.) ' · · · ·<, .... .,_ .... -·A~TICLE -?(Ill / GENE\lAL PROVISION Section I. Covenants R~nning ~ithtM\ari.d. Thes~ cotenants are fo run with the land and be binding on all parties and personsola:,mfrig uilderihen{foi'a perioo-ofJ.Q years from the date these covenants are recorded, aftei: ;vhiclr'tim~ th~' coY~!l8111S shali"-1:ie automatically extended for successive period of 10 yeifrs UJ}iess iin itlstruntfot si,gn~d by a majority of the individuals then owning Lots has been recorde4which reflects;tltdt intent,. to amend the covenants in whole or in part. · · · · 18 Section 2. Amendment. This Declaration and the Bylaws may be amended Jdifrin!(the initial 30-year period if 51 percent of the members _vote to amend 'particular -provislons of either instrument. This DeclaratiOl! may be amended during the cbexelopmen'i Period by any instrument signed by both the Declarant and the Owners of •· 51 .. j,ercent qf tho; Lots,_ including those o_wned by the Declarant. The provisions expressly referring tothe'beclariini may n):>tbe,amended without the Declarant's approval. All _-•• ainendmertt{must-bi; filed "!i.tJi'the office of the King County Records Department or its '·-,./sucissqr "gen9y. Tliese):~enan\S ltiay _µot.b~ amended to limit or eliminate the responstbiJity for 11_1aint~inb1g the c;oir,Jrlon st9tin..;water facility without the prior appro'!al of the·tity.of Renron. / · SectldnJ •. E~forcemeht. Th¢' As~t1ll)tfoti,'the Board, or any Owner shall have the right to enforce, by any legal proc,eedil)g/i\H re~frictions, conditions, covenants, reservations, liens and1;.h~iges n_6w oihereaftl,f inwosed._by the prc,Nisjons of this Declaration. · ·•· · ·· · · · · · · ·· Section 4. Attorneys' -F6e/ In th~-~v~nt tli~t it ls.n\l'ce~~ary'to seek the services of an attorney in order to enforce any\l);pro;isio:n ofthis'bc;claration,.or{2)_ lien create4 pursuant.fa.the authority of this Declaration,'the 1hdivi~ual ;i'gaitrst \\'horn enforcementl(i sought shalibe.pbliged to pay any attorneys' fe~s incuredilf t_he Owher"faijs tci'pay _$iicq/ fees within 60 days, such fees shall become a liehagainsfthe,Ow,n~r's'Lot/ ·· · · . -· ... •' ' .-• lr:1~)' legal action com~enced in order to enforc~'tfie pfovisi~9s'oftliis .i / Dti:lar~tlon, the p(evailing party shall be entitled to recover all ri;ascinable a,rton\ey{ fees atid expert witne~ fees incurred in order to enforce the provision-fof-t~ls D'ecJarati6n. /fhe prevailing party·Sfi'afla!so be entitled to recover all costs. -.-. - -, -,, Sectidh s'. Suc:cessor~ and Assigns. The_ covenants, restrictions and c8r/ditions articul~!_~.d-ih this Qiiclaratio~ shalhuo. with the land and shall accordingly be binding on all successors i_ind ~ssi_g'ns. / . . Section.'6 .• Sever,·~bility,,-:-fh1i••invalidlt/i:!f any one or more phrases, clauses, sentences, paragraph!rcir sei:tio6s hereof-shall no'i affect_ the remaining portions of this Declaration of any part thereo(·1nt})_e everit that on.Ii' or ·inori; of the phrases, clauses, sentences, paragraphs or sei:,tions co~fuined h.frein.-should be hivalid, this Declaration shall be constructed as if the i/r.,aiid'phr&se, fiau~, paiagta.ph'Ol'·se~ion had not been inserted. · -· IN WI_TNESS WHERE?F the undersigned; ~~ing µ\e ttnt h,etein, has hereunto set his hand and seal this 30 day of /14-. . ' .:; aaro Richard Mulc;ihy, ,· . Benson Trails, 'i::i.c:0 Declarant ·;,, STATE, Of WASHIN@TQN /,hi /:,~ COUNTY OF,l<,!NC }·" "),s, i ,. ·.,~:- 19 notary ~~1 1 i~i~n an} f~rt~:ys~ee,2~\ng;~~.~~~~~1;~~ 0 ;:s~;)~~~;~e~~~:~~ ~ Managing Member of Benson T-rails !iU:::jl \\iashitigtoill,ifuit~d ()ability Company, the company that executed the within anilf,;,regoing instrumen'i, ackndwle.dgedJhe said . instrumerit,.to be the free and voluntary a~t aiy:t deed·ofsaid¢orporatibn, for the. uses a1id purposes theieil) mentioned, and on oath state'd. that he .is aJthorlzed l&exeC!Jte 'the sail instrument and ihat the seal affixed is the corpo/ate.se~I of said cqrptmrtion-: _ / . ~d iar fli'st,:~ritfen i' /' .,,...:'>.,.> .-·LEbA!/DESCRl#TION.:;: EXHIBIT A 20 f~RC:~L ,,{. / LOT 5, BLOCK 2, NORTHWES:fERN <;!Aki;N·Tl.y\CTS, DIVISION NO. 6, ACCORDING TO THE PLAT1'HEREQF RECQRDEIYIN VOLl,11)'!§·46 OF,f>L,\.JS, PAGE(S) 100, RECORDS OF KING coUNTY;'wA:SHINGTON.{ ... , . , · .,,,,,./ EXCEPT THE WEST.J06,~ffiT T~EREOF; / .. r-,,/ AND THAT PORTION OF'THESOUTHEAST QUAitTEfl,Of:THE NORTHWEST QUARTER OF sEcnoN 33, TOWNSHIP 23 Ji\oRTH, RANGi s EAs{ w M.in:,1 KINo'cxiliNTY, WASHINGTON, LYING BETWEEN Tf-!J, EiSTEIU}i AND)NESTER,l,YL1NES OF THE BONNEVILLE TRANSMISSION LINB'RIOHT-OFiWA.{ AS,OESCRIBED IN INSTRUMENT RECORDED UNDER KING COUNTY RECOR:ING No'. 3178820: AND LYINGBETWEEN THE NORTH LINE OF LOT 4 AND THE SOUTH LINE'OF LOT7, BLOCK 1-: N(i'RTHWESTERN / \ GARDEN TRACTS,DIVJSJON NO. 6, ACCORD1N6.TOTH,i(PtATTHEREOf'"RECORDEP'IN/ VOLUME.46 OF PLATS, PAGE(S) 100, RECORDS O~'KING CJOUNTY{WASHINGTON,/ . EXTENDED ESTERL y_ .. . ' . .. _..,:'··· ., . .i· I PA!i'.i::ELi~" . / L6T 7, BLOCK 2,,NORTHWESTERN GARDEN TRACTS, DIVISION NO. 6, ACCORDING TO THE PLATTHEREOF' 0 RtiCOR'oED IN VOLUME 46 OF PLATS, PAGE(S) 100, RECORDS OF KING COUNTY;WASHINGr6N./ ,. ··=· •.. ,,..,, .. , .. ,· -~- '·~. M~rch 22, 2010 ADMINISTRATIVE REPORT CONSENT AGENDA Council Meeting Minutes of 3/15/2010 Plat: Benson Trails a.k.a. Sandhu Plat, 120th Av & SE 184th St, FP-09-111 CED: Supporting The Boeing Company's Pursuit of the US Tanker Program Renton City Council Minutes Page 495 Vanessa Chodykin (unknown) remarked that she is concerned for the future of the City's children because of this adult business and other business such as Hooters and bikini baristas that have located in Renton. She urged Council to ban any future adult businesses from locating within City limits. Ralph Cady (King County) expressed appreciation for the City's willingness to limit the proliferation of adult businesses in the community. He remarked that these types of businesses will only add to the barrage of temptation young people face in their lives. There being no further public comment, it was MOVED BY ZWICKER, SECONDED BY BRIERE, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Council expressed appreciation for the speaker's comments. Discussion ensued regarding Club Sin Rock's business taxes, the promotion of family values, and the desire to eliminate any potential negative secondary effects adult entertainment establishments may have on the community. City Attorney Warren further clarified that the hearing was for Council to consider whether or not to continue the moratorium. He remarked that no action is required, and that the moratorium will continue for the specified period of time unless Council determines that there has not been adequate time to do studies necessary to pass appropriate legislation. Mr. Warren stated that the moratorium can be extended, but emphasized that it cannot be continued indefinitely. Chief Administrative Officer Covington reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2010 and beyond. Item noted included: * Renton's Public Works Maintenance Shops use three street sweepers to provide year-round sweeping of all City streets. It takes between six weeks and two months to sweep all 550 lane miles of City streets. One night sweeper covers the downtown core and the central business district as well as City parking lots between 9 p.m. and 4 a.m. The City provides heavy sweeping in the fall to remove fallen leaves and prevent them from clogging drains, and also to remove sand that is applied for traction during winter storms. In newer annexation areas, the City has found that many areas require repeated sweepings to remove accumulated dirt and grass on the street edge and shoulders. Items listed on the consent agenda are adopted by one motion which follows the listing. Approval of Council meeting minutes of 3/15/2010. Council concur. ! 'Community and Economic Development Department recommended approval, with conditions, of the Benson Trails a.k.a. Sandhu Plat Final Plat, 16 single- family lots on 6.27 acres located in the vicinity of 120th Ave. SE and SE 184th St I (FP-09-111). Council concur. (See page 497 for resolution.) Community and Economic Development Department recommended adoption of a resolution supporting The Boeing Company's pursuit of the United States Tanker Program. Council concur. (See page 497 for resolution.) CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Benson Trails Plat aka Sandhu Plat File No. LUA 09-lllFP King County File No. L03P0027 Exhibits: 1. Resolution, legal description, vicinity map, and project site map 2. Staff report and recommendation Recommended Action: Council concur Fiscal Impact: Expenditure Required:$ Amount Budgeted: $ Total Project Budget:$ SUMMARY OF ACTION: Meeting: Regular Council -22 Mar 2010 Submitting Data: Dept/Div/Board: Community .and Economic Development Staff Contact: Jan Illian, x-7216 Transfer Amendment: $ Revenue Generated: $ I City Share Total Project: $ The recommendation for approval of the referenced final plat is submitted for Council action. This plat divides 6.27 acres into 16 single-family residential lots and 5 tracts. The preliminary plat was approved by King County. The Hearing Examiner Report was issued on June 10, 2005. The construction of the utilities and street improvements to serve the lots is complete at this time. All construction will be approved, accepted, or guaranteed as required through the Development Services Division prior to recording of the plat. All conditions placed on the preliminary plat by King County will be met prior to the recording of the plat. STAFF RECOMMENDATION: Approve the Benson Trails Final Plat -LUA 09-lllFP, with the following conditions and adopt the resolution. 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2. All plat fees shall be paid prior to recording of the plat. ---- / r-,_, \ 1l UN£, BONNE\UE lRAN!IIISSIOHJ<IQIT WWAY ----r; UN£, 111.J( 2, DIV, .. -GA!IIEHlRACTS a : I • I I \ \ \ l.Hf'l.ATT[O '1001 £JS1D"-Y s. lH, IDT 7 ·.~ BENSON TRAILS LEGAL DESCRIPTION 1.., . . LEGAL DESCRIPTION: PI.RCEL "A": LOT 5, BLOCK 2, NDR1Hl\£SITRN GI.RDEH TRACTS. Dl\lSION NO. 6, ACCORDING TO 1HE PlAT lHEHE<Jf RECORGED • IN l'OUJUE 46 Of PlATS, PAGE 100, RECORDS Qf KING COUNTY, WASHINGTON; . EXCEPT JHE \\£ST JOO FEET lHEREOf; • AND lHAT PORTION Of 1HE SOUlHEAST QUARTER Of JHE NDR1H\\£ST QUARTER OF SECllON 33, l0\111~/:2~ . NORTH, RANGE 5 EAST, l!.M., IN KING COUNTY, WASHINGTON, L'!ING 8EIVIE€N JHE EASlmLY AND \\ESTERLYUIES .. Of JHE BOIIIIEWJ.£ TRANSMISSION LINE RIGHT-llf-WAY, NJ DESCNJBED IN-INSlRUMENT RECOROED,UNDER,'KiNG -,,,_COONTY RECOROING NO, 3176620, AND L '11NO BET\ITTN THE NOOTH LINE Of LOT 4 ANO JHE SOUTH" LINE' OfilOT .• ·, 7, BLOCK 2, NORJH\\£SJ£RN GAROEN TRACJS Dl~SION NO, 6, ACCORDING TO JHE PlAT IHER£()f'.:REC0RDED.IN VOi.UM[ 46 OF PlAJS, PAGE 100, RECORDS Of KING COUNTY, WASHINGTON, EXTENDED EASTERLY •. PARCEL •a•: .-·. -::"(. LOT 7, BLOCK 2, NORIH~J£RN OARD[N lRACTS. DMSION NO. 6, ACCORDING TO 1HE PLAT·IHEREOf'RECIJltt)EI) IN VOLUME 46 Of PLATS, PAGE 100, RECORDS Of KING COUNTY, WASHINGTON. . ' CITY OF RENTON, WASHINGTON RESOLUTION NO. __ _ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (BENSON TRAILS A.K.A. SANDHU PLAT FINAL PLAT; FILE NO. LUA09- 111FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Department of Community and Economic Development; and WHEREAS, after investigation, the Administrator of the Department of Community and Economic Development has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, school grounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the Department of Community and Economic Development pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. ---- (The property, consisting of approximately 6.27 acre~, is located in the vicinity of the northeast corner of 120"' Avenue SE and SE 184' Street.) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Department of Community and Economic Development dated March 9, 2010. PASSED BY THE Cl1Y COUNCIL this ___ day of ______ ~ 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this ___ day of ______ ~ 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, Oty Attorney RES:1445:3/18/10:scr 2 ,. '' ' ' DEVELOPMENT SERVICES DIVISION COMMUNITY AND ECONOMIC DEVELOPMENT CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Viking Bank Benson Trails Final Plat File: LUA 09-111 FP King County File: L03P0027 aka: Sandhu Plat 12044 -SE 184'" Street NW 1/4 Section 33, Twn. 23N. Rge. SE. WM Final Plat for 16 single-family residential lots and five tracts with storm and streets. This King County plat was recently annexed into the City of Renton in 2008. The plat received preliminary approval at King County. Street lighting is private. Water and sewer service is Soos Creek Water and Sewer District. Approve With Conditions FINDINGS. CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Chris (lousing of Viking Bank, filed a request for approval of a 16-lot Final Plat. 2. The plat was annexed into the City of Renton in 2008. 3. The yellow file containing all staff reports, documentation, King County files and other pertinent materials was entered into the record as Exhibit No. 1. 4. The 16-lot preliminary plat was issued a DNS on April 22, 2005 at King County. 5. The subject proposal was reviewed by all departments with an interest in the matter. 6. The subject site is located at 12044 -SE 184th Street. The new plat is located in the NW X of Sec. 15, Twn. 23N. Rge. SE. WM. 7. The subject site is 6.27 acres. Combines two existing tax parcels. 8. The Preliminary Plat received King County Hearing Examiner approval on May 12'", 2005. 9. The site is zoned R-6 (Single Family) as designated in King County. 10. The Final Plat complies with both the Zoning Code and Comprehensive Plan. 11. The Preliminary Plat was subject to a number of conditions as a result of plat review by King County. The applicant has complied with the following conditions: 1. Compliance with all platting provisions of Title 19A of the King County Code. Response: 19A.12.020 -Preliminary approval occurred on June 10, 2005 and is effective for 60 months. Final plat approval will occur prior to the expiration date on June 10, 2010. 19A.12.030-Revisions to the preliminarily approved plat are not considered to be substantial in nature and are not subject to a new application. 19A.16.030 -The final plat submittal has been surveyed and submitted by a certified land surveyor and submitted for review prior to recording. A current plat certificate has also been provided. Proof of water and sewer availability has been provided. Upon approval, the final plat will be recorded with the records and licensing services division. 19A.16.040 -Engineering plans for proposed and condition improvements have been prepared, submitted, reviewed, and approved by the development engineer prior to onsite construction activities. The plans and technical information report were prepared consistent with the requirements of the King County Road Standards, Surface Water Design Manual and conditions of preliminary approval. Plans and documents were stamped, signed, and dated by a civil engineer. 19A.16.050-The final plat includes all applicable information compliant with the contents of this section unless otherwise revised or amended by the City of Renton. 19A.16.060-The final plat will be prepared on 18" x 24" sheets with a 2" border on the top or left side and y,'' border on the other three. The plat will be printed on acceptable materials as specified in WAC 332-130-050 or alternate material as specified by the City of Renton. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. Response: A representative of Benson Trails L.L.C. will sign the face of the final plat with a dedication as specified by King County Council Motion No. 5952 unless amended or revised by the City of Renton. 3. The plat shall comply with the density requirements of the R-6-SO zone classification. All lots shall meet the minimum dimensional requirements of the R-6-SO zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result ins substantial changes may be approved at the discretion of the Department of Development and Environmental Services. Response: The plat proposes a density of XXX and complies with R-6 zoning requirements as follows: Base Density: 6 du/ac; Minimum Lot Width: 30 ft; Minimum Street Setback: 10 ft; Minimum Interior Setback: 5 ft. 4. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). Response: Construction and upgrading of public and private roads were done in accordance with King County Road Standards as submitted, reviewed, and approved by King County and inspected and approved by King County Inspection Services. 5. The applicant shall obtain documentation by the King County Fire Protection Engineer certifying compliance with the fire flow standards of Chapter 17.08 of the King County Code. Response: King County ODES issued a Fire Permit (Activity No. B06F0439) on 8/23/2006. 6. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual and applicable updates adopted by King County. DOES approval of the drainage and roadway plans is required prior to any construction. Response: The A drainage plan in accordance with the King County Surface Water Design Manual was completed, submitted to, reviewed by, and approved by DOES Engineering. The storm drainage plan has since been constructed, Inspected, and approved by King County Inspections. b. Current standard plan notes and ESC notes, as established by DOES Engineering Review, shall be shown on the engineering plans. Response: The approved plans included standard plan and ESC notes c. The following note shall be shown on the final recorded plat: All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings# on file with DOES and/or the King County Department of Transportation. This plan shall This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." Response: The required note, revised by the City of Renton, has been included on the final plat. d. The drainage evaluation for this project has identified a downstream capacity problem along a stream corridor which contributes to localized flooding problems approximately 500 feet downstream from the plat. To mitigate potential drainage problems, storm water facilities shall be designed using the modified level one criteria as specified in the drainage manual, which detains storm water for the 10-year storm and limits the release of peak flow rates based upon the downstream capacity. The design criteria for the modified level one standard is summarized in the drainage manual on page 1-26 and shall be implemented during review of the final engineering plans. Response: The approved drainage plans included a combination detention/water quality facility which limited the peak flowrates as required. The County approved TIR includes calculations demonstrating the mitigated flowrates from the developed project. e. Drainage facilities shall also include designs for water quality treatment using standards for the basic protection menu as outlined in the drainage manual. If wet ponds are utilized for water quality treatment, the pond configurations may require modification to a rectangular shape to achieve the 3:1 flow path required by the drainage manual. To accommodate the required detention storage volumes and water quality facilities, the size of the proposed drainage tracts may need to increase. All runoff control facilities shall be located in separate tracts and be dedicated to King County unless portions of the drainage tract are used for recreation space in accordance with KCC 21A.14.180. Response: The approved drainage plans included a combined detention/water quality vault to meet water quality standards per the King County SWDM. The facility was designed per the SWDM and approved by King County. The drainage facility is located in a separate tract per the above conditions. f. Storm water facilities shall be designed to address any proposed on-site bypass of storm water as described on page 1-36 and 3-52 in the drainage manual. Response: The proposed project does not propose any on-site bypass for storm water. g. The proposed drainage facility within Tract B is located in the Bonneville Transmission Line right-of-way. Prior to engineering plan approval, the applicant shall provide correspondence and/or permits from Bonneville indicating approval for locating and constructing the drainage facility. Response: The proposed drainage facility no longer lies within Tract B. However, prior to the approval of the engineering plans, a correspondence indicating approval from BPA was provided. h. As required by Special Requirement No. 2 in the drainage manual, the 100-year floodplain boundaries for the onsite wetlands shall be shown on the final engineering plans and recorded plat. Response: The 100-year floodplain boundary for the on-site wetlands was added to the engineering plans and the final plat. i. The final drainage plan shall be reviewed for compliance with the setback requirements from sensitive areas. As specified in KCC 21A.24.200, structures shall be set back a distance of 15 feet from the edge of sensitive area buffers. Compliance with the setback design standards may require modifications and/or relocation of the proposed drainage facility within Tracts A and B. The current conceptual drainage plan shows concrete retaining walls within the setback which is not allowed by County code. Response: The plans were reviewed for compliance with applicable setback requirements. The drainage facility was modified to maintain the wetland buffer and remain wholly within Tract A. The proposed retaining walls were modified to not be located within the setback area. The drainage facilities were designed and constructed to be at least 15 ft from the wetland buffer. j. A permit from the Washington State Fisheries Department may be required for roadway improvements along the property frontage which may impact wetlands and/or streams. Any required permits shall be submitted to King County prior to engineering plan approval. Response: It was determined that a Washington State Fisheries Department permit was not required prior to the construction of the roadway improvements 7. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. SE 134th Street shall be improved as an urban neighborhood collector along the plat frontage. The improvements shall include curb, gutter, and sidewalk along the north side of the roadway with the curb located at 16 feet from road centerline. Response: Frontage improvements along SE 184th Street were designed, submitted, reviewed, approved, constructed, and inspected. The improvements included curb, gutter and sidewalk per the King County Road Standards urban collector requirements, along the north side of SE 184th Street b. The onsite cul-de-sac shall be improved as an urban minor access street. Response: The cul-de-sac was improved to meet the King County Road Standards for an urban minor access including 22 ft of paving, vertical curb, sidewalk, and a minimum right-of-way width. c. Due to previous grading work within the site, the applicant shall demonstrate to the satisfaction of King County that the proposed roadways are constructed on suitable soils with subgrade compaction in accordance with County standards. Lot grading shall also be evaluated to assure that building sites are properly prepared for future home construction. Response: King County Inspection Services inspected the road construction during project construction. There are no records that indicate any concern by King County regarding the subgrade compaction of the roadway. Earth solutions NW provided geotechnical consulting and testing surfaces during construction to ensure proper compaction was met. A portion of this project was constructed after the project had been transferred from King County to the City of Renton. d. The proposed road improvements shall address the requirements for road surfacing outlined in KCRS Chapter 4. As noted in section 4.0lF, a full width pavement overlay is required where widening existing asphalt. Response: The engineering plans addressed road surfacing requirements. The plans were approved by King County DDES. e. Street trees shall be included in the design of all road improvements, and shall comply with Section 5.03 of the KCRS. Response: Street trees have been included in the road improvement plans. The plans were reviewed and approved by King County DOES. The street trees are planned to be installed by August 1, 2010. f. SE 1841h Street is designated a neighborhood collector street which may require designs for bus zones and turn outs. As specified in KCRS 2.16, the designer shall contact Metro and the local school district to determine any specific requirements. Response: METRO does not have a plan to add a bus route at the project location. Renton School District does plan to provide a bus stop at the northeast corner of 184,,/20,,Ave SE. The applicant is currently working with the Renton School District to meet any improvement requirements necessary for the bus stop. g. Modifications to the above road conditions may be considered by King County pursuant to the variance procedures in KCRS 1.08. Response: No modifications to the above road conditions are proposed. 8. SCHOOL WALKWAY: To provide a safe walkway for school-age pedestrians, the Applicant shall improve Southeast 1841h Street from the frontage to the school bus 'pick-up' location at the intersection of Southeast 1841h/1201h Avenue SE. At the intersection of Southeast 1841h Street/1201h Avenue SE, a widened paved 'pad' shall be provided for those students. This off-frontage improvement shall consist of one of the following: a. A minimum five (5) foot wide paved walkway -separated from the existing roadway pavement edge by a four (4) foot wide gravel shoulder, or b. A full-width eight (8) foot wide paved shoulder delineated by a white edge line stripe, or c. Full urban improvements (i.e. concrete curb, gutter and 5-foot wide concrete sidewalk). The Applicant may choose to share costs of 9.c. above with the developer of the proposed plat of "Goss" (ODES File #L05P0001) and/or, the developer of the proposed plat located at the northwest corner of the intersection of 124th Avenue SE/Southeast 1841h Street (DOES pre-application File #A05PM102), provided the curb line shall be set at 16-feet north of the right-of-way centerline, the roadway widened with a full roadway pavement section, and the existing roadway pavement overlaid or reconstructed as required by the requirements of KCRS 4.01. (RCW 58.17.110) These off-site improvements will not be required if the school district decides in its future plan to provide bus pick up location at the plat entrance or any other location in the vicinity of the site and transport the elementary school kids to and from school by bus. If the pickup location is not at the plat entrance, then a safe pedestrian walkway from the site to the _bus pick up location shall be provided. To implement the above condition, the Applicant shall submit detailed engineering plans for the required walkway and other directly-related roadway work for review and approval by King County DOT and King County DOES. Response: The applicant is currently working with the Renton School District to determine if the applicability of this original condition. If necessary, the proposed project will provide off-frontage improvements per Option A, as outlined: "A minimum of five (5) foot wide paved walkway-separated from the existing roadway pavement edge by a four (4) foot wide gravel Shoulder." The improvements have not yet been constructed but they will be provided prior to project completion if requested by the Renton School District. 9. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. Response: All utilities within the proposed right-of-way will be included within approved franchises or easements as required by the City of Renton. 10. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. Response: The King County MPS is not applicable now as this project is now under the jurisdiction of the City of Renton. For each new lot (15), Transportation Mitigation fees in the amount of $717.75/lot ($10,766.25) will be required prior to plat recording. 11. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. Response: King County school impact fees are no longer applicable to this project. A note to the final plat has been added requiring that school impact fees will be assessed and collected at the time of building permit submittal. 12. The planter islands (if any) within the cul-de-sacs shall be maintained by the abutting lot owners or homeowners association. This shall be stated on the face of the final plat. Response: No planter island is proposed (or required) within the cul-de-sac. This requirement does not apply. 13. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in KCC 21A.24. Permanent survey marking and signs as specified in KCC 21A.24.160 shall also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. Response: The proposed project complies with the Sensitive Areas Code. Permanent su,vey markings and signage have been installed along the critical area buffer. Temporary marking and fencing was installed prior to construction and will continue to be in use as necessary during future construction. 14. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from KCC 21A.24 shall also be addressed by the applicant. Wetlands a. Class 2 wetland(s) shall have a minimum buffer of 50 feet, measured from the wetland edge. Response: The minimum buffer has been maintained from the wetland edge for this project. b. The wetland(s) and their respective buffers shall be placed in a Sensitive Area Tract (SAT). Response: The wetlands and associated buffers will be located within a separate tract. c. Buffer averaging may be proposed, pursuant to KCC 21A.24.320, provided the total amount of the buffer area is not reduced and better resource protection is achieved, subject to review and approval by a DDES Senior Ecologist. Response: The wetland restoration and mitigation plan was reviewed and approved by King County DDES. There is no additional mitigation or buffer averaging proposed by this project. d. A minimum building setback line of 15 feet shall be required from the edge of the tract. Response: The 15 foot building setback line from the edge of the wetland buffer/tract was maintained for currently constructed structures. The setback line will also be maintained for future building construction. e. Split-rail fence shall be installed along the wetland buffers. Response: A split-rail fence has been installed along the wetland buffer. 15. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tract/sensitive area and buffer conveys to the public a beneficial interest in the land within the tract/sensitive area and buffer. This interest includes the ' preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The sensitive area tract/sensitive area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/sensitive area and buffer the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and buffer. The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by law. The common boundary between the tract/sensitive area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of King County prior to any clearing, grading, building construction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15-foot building setback line, unless otherwise provided by law. Response: The required note was provided on the final engineering plan which was reviewed and approved by King County. In addition, the required note, as amended or revised by the City of Renton, has been included on the final plat. 16. Suitable recreation space shall be provided consistent with the requirements of KCC 21A.14.180 and KCC 21A.14.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches, etc.). a. A detailed recreation space plan (i.e. area calculations, dimensions, landscape specifications, equipment specifications, etc.) shall be submitted for review and approval by DDES and King County Parks prior to or concurrent with the submittal of the engineering plan. This plan must not conflict with the Significant Tree Inventory & Mitigation Plan. Response: A detailed recreation space plan was submitted, reviewed, and approved by King County DDES. The applicant is planning on pursuing a plat amendment to allow a park mitigation fee to City of Renton Parks and Recreation in lieu of providing the on- site recreation area. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. Response: An assignment of funds has been provided to the City for the estimated amount of the improvements ($51,432.15) for the recreation area and street trees until a decision regarding the plat amendment is reached. 17. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). Response: A homeowners' association has been established to provide ownership and maintenance of community space for this project. 18. Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. Response: A street tree plan per King County code and standards was provided, reviewed, and approved by King County DDES. Street trees will be installed by August 1, 2010. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. Response: A street tree plan per King County code and standards was provided, reviewed, and approved by King County DDES. Street trees will be planted in the right-of-way in accordance with the KCRS . c. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. Response: The street tree plan includes trees planted within the right of way. This condition is not applicable. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. Response: The City of Renton does not have an applicable maintenance program; the trees will be owned and maintained by the homeowners association. A note has been provided to the final plat stating the above. e. The species of trees shall be approved by DDES if located within the right-of- way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. Response: The approved street tree plan does not include the restricted species listed above. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. Response: A street tree plan and bond quantity sheet was submitted, reviewed and approved by DDES. g. The applicant shall contact Metro Service Planning at 684-1622 to determine if \ ~--, SE 184'h Street is on a bus route. If SE 184th Street is a bus route, the street tree plan shall also be reviewed by Metro. Response: The proposed location is not located on a Metro bus route. This condition is not applicable. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. Response: A street tree deferral has been preliminarily allowed by the City of Renton to allow for street tree installation to be completed after the proposed building construction. An assignment of funds for the recreation and street trees has been provided by the applicant. The street trees are scheduled to be installed by August 1, 2010 under this deferral agreement. The City of Renton does not have a maintenance program for street trees. A maintenance bond will not be required for this project. The Homeowners' association will be responsible for the maintenance of the street trees. The final plat includes a note stating the HOA responsibility with regards to the trees. i. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current County fees. Response: The City of Renton does not have a maintenance program for street trees. No future inspection fees for the street trees will be required. 19. Areas used as regional utility corridors shall be contained in separate tracts and meet the setback requirements of King County Code 21A.12.140 -Setbacks from regional utility corridors. Response: Utility easement areas will be provided where required and are shown on the final plat. Setbacks from regional utility corridors have been met for the proposed project. 20. Significant Trees, 50-220. This development condition requires the applicant to retain a percentage of existing significant trees on-site. The applicant is exempt from this requirement per KCC 21A.38.23.B.h. which states: " Project sites with 25 percent or greater of the total gross site area in sensitive areas, sensitive area buffers and other areas to be left undisturbed such as wildlife corridors, shall be exempt from the significant tree retention requirements of this chapter." CONCLUSIONS: Response: As stated above, Tree Retention requirements are not applicable to this project, as greater than 25% of the project site area is comprised of sensitive areas and associated buffers. The Final Plat appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved. RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2. All fees shall be paid prior to the recording of the plat. SUBMITTED THIS 9th DAY of January, 2010 DEVELofo'MENT SERVICES DIVISION March 22, 2010 RESOLUTION #4039 Plat: Benson Trails a.k.a. Sandhu Plat, 120th Av & SE 184th St, f!'-09-111 RESOLUTION #4040 CED: Supporting The Boeing Company's Pursuit of the US Tanker Program Finance: Bond Refinancing, 2001 L TGO Bonds NEW BUSINESS Community Event: Lindbergh Pool Financing • Renton City Council Minutes Page 497 A resolution was read approving the Benson Trails a.k.a. Sandhu Plat Final Plat, approximately 6.27 acres located at the northeast corner of 120th Ave SE and SE 184th St. MOVED BY BRIERE, SECONDED BY PARKER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. A resolution was read supporting The Boeing Company's pursuit of the United States Tanker Program. MOVED BY PARKER, SECONDED BY TAYLOR, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the 4/5/2D10 Council meeting for second and final reading: An ordinance was read providing for the issuance and sale of limited tax general obligation refunding bonds of the City in the aggregate principal amount of not to exceed $6.8 million to provide funds for the purpose of refunding certain limited tax general obligation bonds of the City; authorizing the appointment of an escrow agent and execution of an escrow agreement; and delegating certain authority to approve the final terms of the bonds. MOVED BY PARKER, SECONDED BY TAYLOR, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/5/2010. CARRIED. Mayor Law remarked that the future of the Lindbergh Pool is in jeopardy and explained that there is a $180,000 financial gap that is keeping the pool from opening next year. He announced that the Renton School District stated that it can cover $80,000 of the $180,000 deficit and has asked the community to raise the other $100,000. Mayor Law stated that the City has $40,000 available in the Benson Hill annexation transition fund and requested Council's approval to pledge those funds towards the fund raising efforts. He emphasized that this pledge is a one-time commitment and would not be available in subsequent years. MOVED BY PARKER, SECONDED BY BRIERE, COUNCIL AUTHORIZE THE ADMINISTRATION TO PLEDGE UP TO $40,000 FROM THE BENSON HILL ANNEXATION TRANSITION FUND FOR THE PURPOSE OF ASSISTING IN THE FUNDRAISING EFFORT TO KEEP THE LINDBERGH POOL OPEN.* Councilmember Persson emphasized that the funds would only be available if the other $60,000 was raised and it is a one-time commitment. Councilmember Taylor expressed appreciation for this solution and cautioned that a long-term solution is still needed. *MOTION CARRIED. AUDIENCE COMMENT Anne Meis (King County) expressed support for the adult entertainment Citizen Comment: Meis -Adult moratorium and remarked that statistically Portland and Seattle are ranked Entertainment Moratorium number one per capita for sex trafficking of minors in America. She urged Council to share her concern for the many young girls who disappear annually. ADJOURNMENT MOVED BY PERSSON, SECONDED BY ZWICKER, COUNCIL ADJOURN. CARRIED. Jason Seth, Recorder March 22, 2010 Time: 8:26 p.m. ~-.J.0~ Bonnie I. Walton, CMC, City Clerk DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MEMORANDUM DATE: March 30, 2010 TO: FROM: Gregg Zimmerman, Public Works Administrator Jan Illian x 7216 SUBJECT: BENSON TRAILS FINAL PLAT MYLARS FOR SIGNATURE Gregg, Here are two sets of mylars for The Benson Trails Final Plat for your review and signature. The following has been completed: • The final plat was approved by Council on March 22, 2010 • Received Technical Services Approval • All fees have been paid • Inspector has signed off the construction permit • Punchlist items have been completed Please contact me when they have been signed and I will stop by and pick them up. Thank You. i:\projects\sandhu\plat to gregg.doc DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MEMORANDUM DATE: March 30, 2010 TO: FROM: lwen Wang, Finance Administrator Jan Illian x 7216 SUBJECT: BENSON TRAILS FINAL PLAT MYLARS FOR SIGNATURE lwen, Here are two sets of mylars for The Benson Trails Final Plat for your review and signature. The following has been completed: • The final plat was approved by Council on March 22, 2010 • Received Technical Services Approval • All fees have been paid • Inspector has signed off the construction permit • Punchlist items have been completed Please contact me when they have been signed and I will stop by and pick them up. Thank You. i:\projects\magnuson plat\plat to finance.doc Benson Trails Final Plat Wrap Up Items 2/23/10 1. Receive revisions/corrections back from Surveyor with the wetland language included 2. Vault structural sign off? 3. Letter from BPA. Received 2/22/10 4. Sort out deferral request (trees interior, trees along SE 1841h and playground equipment) S. HEX conditions met? 6. Approval letter from Soos Creek. Received 7. Monument Cards? Received 8. Permit signed off? Received 9. Maintenance Bond Received? Yes, Assignment of Funds 10. Recreation/playground plan submitted and approved ? 11. Letter from PSE re: Street light activation 12. Payment of Fire and Transportation Mitigation fees prior to recording 13. Check for $15.81 for Champion Courier Service / / ~111:'l~ I :7 f--4} V'DYI ;c/f · BENSON TRAILS FINAL PLAT LUA 09-lllFP (KC L03P0027) 1. As Built prints sent to inspector 2. As Builts approved 3. As Built mylars submitted 4. As Built street light mylars submitted. Not applicable, PSE 5. Street lighting permit finaled. Not applicable, PSE 6. Monument cards submitted 7. Inspector signed off on construction permit (includes mailboxes) 8. Final Cost Data, Bill of Sale, and Maintenance Bond posted 9. Traffic, Fire Mitigation fees paid. Parks fees not applicable 10. Planner approved final plat 11. All wetland plans, construction issues approved 12. Technical Services recommends approval 13. Jan Conklin recommends approval 14. Check for courier 15. HOA and CRRs approved 16. Fire approval 17. Deferral requests approved. Surety devices in place Denis Law Mayor March 24, 2010 · Johnathan Kurth 1529 Queen Anne Avenue N #216 Seattle, WA 98109 City Clerk -Bonnie I. Walton Chris (lousing Viking Bank 4 Nickerson Street #200 Seattle, WA 98109 Re: Benson Trails (aka Sandhu) Final Plat, File No. LUA-09-111, FP Dear Applicant: At the regular Council meeting of March 22, 2010, the Renton City Council approved the above-referenced final plat by adopting Resolution No. 4039. A copy of the resolution is endosed for your files. If I can provide additional information or assistance, please feel free to contact me. Sincerely, Bonnie I. Walton City Clerk Enclosure BW:cm cc: Mayor Denis Law Council President Don Persson Jan Illian, CED Development Services 1055 South Grady Way• Renton, Washington 98057 • (425) 430-651 O / Fax (425) 43D-6516. rentonwa.gov ... . ' • CITY OF RENTON, WASHINGTON RESOLUTION NO. _AQ.3.9.__ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (BENSON TRAILS A.K.A. SANDHU PLAT FINAL PLAT; FILE NO. LUA09- 111FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Department of Community and Economic Development; and WHEREAS, after investigation, the Administrator of the Department of Community and Economic Development has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, school grounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the Department of Community and Economic Development pertaining to the following described real estate, to wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. 4039 (The property, consisting of approximately 6.27 acres, is located in the vicinity of the northeast corner of 1201 h Avenue SE and SE 1841 h Street.) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Department of Community and Economic Development dated March 9, 2010. PASSED BY THE CITY COUNCIL this 22nd day of ___ M_a_r_c_h_~ 2010. 13mvn/L . .,J. u~ Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 22nd day of ___ M_a_r_c_h_~ 2010. Approved as to form: cf; ....... f#!~G, ..., Lawrence J. Warren, City Attorney RES: 1445:3/18/10:scr Deriis Law, Mayor 2 - - RESOLUTION NO. 4039 EXHIBIT "A" BENSON TRAILS LEGAL DESCRIPTION LEGAL DESCRIPTION; PARro. "A": LOT 5, BLOCK 2, NOR1HWES1ERN GARDEN lRACTS, OMSION NO, B. ACCOROING TO THE Pl.AT THEREOF RECOROID • IN \llUJME 48 OF Pl.ATS, PAGE 100, RECORDS Of KING COUNTY, WASlilNGTOII; EXCEPT 1HE WEST 30ll FtEf THEREOF; _ 1140 lHAT PORTIOII OF THE SOUTHEAST OOARTER OF lHE NORlllWEST QUARTER OF SECTION 33. TO'/,l1SHIPS2J . NORlH. RANGE 5 EAST, W.M., IN KJNO COUNTY, WASHIKOTON, L'IING BETWEEN lHE £ASID1LY ANO WESlE!I.Y:UNES .. Cl' THE BONNEW.LE TRANSMISSION LINE RIG!!T..Of-WAY, /o/S 1l£StR1BED IN-INSTRIIMENT RECOl!DID,UNDER,'KING ·?COUNTY REOOROING NO. 3171!820, AND L'IING BETWEEN THE HORlH UNE OF LOT 4 AND llfE sou111·uNE' Of.iLOT ·-' 7, BLOCK 2, NORTHWESTERN GARDEN lRACTS DIVISION NO. 6, ACCOllDING TO 1llE Pl.AT llfEREOF':RECORDED .IN \OI.UME 48 OF Pl.ATS, PAGE 100, RECORDS Of KJIIG OOUNTY, WASHINGTON, EXTEIIDED EASTERLY. __ :•_ .. , PARCEL -09: ·. : ···•: ,,;..·· LOT 7, BLOCK 2, NORIH\\i::STERN GARDEN TRACTll, DIVISION NO. 6, ACCORDING TO lHE PI.AT·THEREOF'RECORDED . IN VOLUME 48 OF Pl.ATS, PAGE 100, RECORDS OF KING COUNTY, WASHINGTON. RESOLUTION NO. 403' !llti.TTED 9042 \ \ \ \ . \ ~-~ ,_, ll \ LDT 3 K.C,!:.P, 781064 1JHPLATT£D - E,\S!EJI.Y EX1ENIION, s. IN',IDT7 , • RESOLUTION NO. 4039 • 6TH ST -VICINITY-MAP ' CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: March 29, 2010 To: City Clerk's Office From: Stacy M Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. ·---------------------------------. 1 Project Name: Benson Trails Final Plat / LUA (file) Number: LUA-09-111, FP I, Cross-References: LUAOS-14 7 AKA's: Sandhu Final Plat ,f-----------------------------------1 ! Project Manager: Jan Illian ! Acceptance Date: September 10, 2009 l Applicant: Chris Clousing, Viking Bank , Owner: Viking Bank i Contact: Johnathan Kurth j PIO Number: 6199600320, 6199600282 ERC Decision Date: ERC Appeal Date: I Administrative Approval: Appeal Period Ends: I, Public Hearing Date: , Date Appealed to HEX: l By Whom: March 23, 2010 Date: I ; HEX Decision: ,-----------------------------------l '. Date Appealed to Council: • ·' By Whom: l Council Decision: Date: . Mylar Recording Number: : Project Description: Application for a 16-lot single-family subdivision with 5 tracts. j !----------------------' 1 Location: 12044 SE 184TH ST I ,~mm=~= I '···------------------------------------' CITY OF RENTON COUNCIL AGENDA BILL I Al#: Submitting Data: Community and Economic For Agenda of: Development Dept/Div/Board .. Development Services Division Staff Contact... ... Jan Illian x -7216 Agenda Status Consent .............. Subject: Public Hearing .. Benson Trails Plat aka Sandhu Plat Correspondence. Ordinance ............. File No. LUA 09-lllFP Resolution ............ King County File No. L03P0027 Old Business ........ Exhibits: New Business ....... 1. Resolution, legal description, vicinity map, and project Study Sessions ...... site map Information ......... 2. Staff report and Recommendation Recommended Action: Approvals: Council Concur Legal Dept ........ . Finance Dept ..... . Other .............. . Fiscal Impact: N/A Expenditure Required .. . Transfer/Amendment ...... . Amount Budgeted ...... . Revenue Generated ........ . Total Project Budget City Share Total Project SUMMARY OF ACTION: X X X The recommendation for approval of the referenced final plat is submitted for Council action. This plat divides 6.27 acres into 16 single-family residential lots and 5 tracts. The preliminary plat was approved by King County. The Hearing Examiner Report was issued on June 101",2005. The construction of the utilities and street improvements to serve the lots is complete at this time. All construction will be approved, accepted, or guaranteed as required through the Development Services prior to recording of the plat. All conditions placed on the preliminary plat by King County will be met prior to the recording of the plat. STAFF RECOMMENDATION: Approve the Benson Trails Final Plat-LUA 09-lllFP, with the following conditions and adopt the resolution. 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2. All plat fees shall be paid prior to recording of the plat. DEVELOPMENT SERVICES DIVISION COMMUNITY AND ECONOMIC DEVELOPMENT CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Viking Bank Benson Trails Final Plat File: LUA 09-111 FP King County File: L03P0027 aka: Sandhu Plat 12044 -SE 184'h Street NW 1/4 Section 33, Twn. 23N. Rge. SE. WM Final Plat for 16 single-family residential lots and five tracts with storm and streets. This King County plat was recently annexed into the City of Renton in 2008. The plat received preliminary approval at King County. Street lighting is private. Water and sewer service is Soos Creek Water and Sewer District. Approve With Conditions FINDINGS. CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, Chris (lousing of Viking Bank, filed a request for approval of a 16-lot Final Plat. 2. The plat was annexed into the City of Renton in 2008. 3. The yellow file containing all staff reports, documentation, King County files and other pertinent materials was entered into the record as Exhibit No. 1. 4. The 16-lot preliminary plat was issued a DNS on April 22, 2005 at King County. 5. The subject proposal was reviewed by all departments with an interest in the matter. 6. The subject site is located at 12044 -SE 184th Street. The new plat is located in the NW 1' of Sec. 15, Twn. 23N. Rge. SE. WM. 7. The subject site is 6.27 acres. Combines two existing tax parcels. 8. The Preliminary Plat received King County Hearing Examiner approval on May 12'", 2005. 9. The site is zoned R-6 (Single Family) as designated in King County. 10. The Final Plat complies with both the Zoning Code and Comprehensive Plan. 11. The Preliminary Plat was subject to a number of conditions as a result of plat review by King County. The applicant has complied with the following conditions: 1. Compliance with all platting provisions ofTitle 19A of the King County Code. Response: 19A.12.020 -Preliminary approval occurred on June 10, 2005 and is effective for 60 months. Final plat approval will occur prior to the expiration date on June 10, 2010. 19A.12.030 -Revisions to the preliminarily approved plat are not considered to be substantial in nature and are not subject to a new application. 19A.16.030 -The final plat submittal has been surveyed and submitted by a certified land surveyor and submitted for review prior to recording. A current plat certificate has also been provided. Proof of water and sewer availability has been provided. Upon approval, the final plat will be recorded with the records and licensing services division. 19A.16.040 -Engineering plans for proposed and condition improvements have been prepared, submitted, reviewed, and approved by the development engineer prior to onsite construction activities. The plans and technical information report were prepared consistent with the requirements of the King County Road Standards, Surface Water Design Manual and conditions of preliminary approval. Plans and documents were stamped, signed, and dated by a civil engineer. 19A.16.050 -The final plat includes all applicable information compliant with the contents of this section unless otherwise revised or amended by the City of Renton. 19A.16.060-The final plat will be prepared on 18" x 24" sheets with a 2" border on the top or left side and Y," border on the other three. The plat will be printed on acceptable materials as specified in WAC 332-130-050 or alternate material as specified by the City of Renton. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. Response: A representative of Benson Trails L.L.C. will sign the face of the final plat with a dedication as specified by King County Council Motion No. 5952 unless amended or revised by the City of Renton. 3. The plat shall comply with the density requirements of the R-6-SO zone classification. All lots shall meet the minimum dimensional requirements of the R-6-SO zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in s substantial changes may be approved at the discretion of the Department of Development and Environmental Services. Response: The plat proposes a density of XXX and complies with R-6 zoning requirements as follows: Base Density: 6 du/ac; Minimum Lot Width: 30 ft; Minimum Street Setback: 10 ft; Minimum Interior Setback: 5 ft. 4. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). Response: Construction and upgrading of public and private roads were done in accordance with King County Road Standards as submitted, reviewed, and approved by King County and inspected and approved by King County Inspection Services. 5. The applicant shall obtain documentation by the King County Fire Protection Engineer certifying compliance with the fire flow standards of Chapter 17.08 of the King County Code. Response: King County DOES issued a Fire Permit (Activity No. B06F0439) on 8/23/2006. 6. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual and applicable updates adopted by King County. ODES approval of the drainage and roadway plans is required prior to any construction. Response: The A drainage plan in accordance with the King County Surface Water Design Manual was completed, submitted to, reviewed by, and approved by DOES Engineering. The storm drainage plan has since been constructed, Inspected, and approved by King County Inspections. b. Current standard plan notes and ESC notes, as established by DOES Engineering Review, shall be shown on the engineering plans. Response: The approved plans included standard plan and ESC notes c. The following note shall be shown on the final recorded plat: All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings# on file with DOES and/or the King County Department of Transportation. This plan shall This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." Response: The required note, revised by the City of Renton, has been included on the final plat. d. The drainage evaluation for this project has identified a downstream capacity problem along a stream corridor which contributes to localized flooding problems approximately 500 feet downstream from the plat. To mitigate potential drainage problems, storm water facilities shall be designed using the modified level one criteria as specified in the drainage manual, which detains storm water for the 10-year storm and limits the release of peak flow rates based upon the downstream capacity. The design criteria for the modified level one standard is summarized in the drainage manual on page 1-26 and shall be implemented during review of the final engineering plans. Response: The approved drainage plans included a combination detention/water quality facility which limited the peak flowrates as required. The County approved TIR includes calculations demonstrating the mitigated flowrates from the developed project. e. Drainage facilities shall also include designs for water quality treatment using standards for the basic protection menu as outlined in the drainage manual. If wet ponds are utilized for water quality treatment, the pond configurations may require modification to a rectangular shape to achieve the 3:1 flow path required by the drainage manual. To accommodate the required detention storage volumes and water quality facilities, the size of the proposed drainage tracts may need to increase. All runoff control facilities shall be located in separate tracts and be dedicated to King County unless portions of the drainage tract are used for recreation space in accordance with KCC 21A.14.180. Response: The approved drainage plans included a combined detention/water quality vault to meet water quality standards per the King County SWDM. The facility was designed per the SWDM and approved by King County. The drainage facility is located in a separate tract per the above conditions. f. Storm water facilities shall be designed to address any proposed on-site bypass of storm water as described on page 1-36 and 3-52 in the drainage manual. Response: The proposed project does not propose any on-site bypass for storm water. g. The proposed drainage facility within Tract B is located in the Bonneville Transmission Line right-of-way. Prior to engineering plan approval, the applicant shall provide correspondence and/or permits from Bonneville indicating approval for locating and constructing the drainage facility. Response: The proposed drainage facility no longer lies within Tract B. However, prior to the approval of the engineering plans, a correspondence indicating approval from BPA was provided. h. As required by Special Requirement No. 2 in the drainage manual, the 100-year floodplain boundaries for the onsite wetlands shall be shown on the final engineering plans and recorded plat. Response: The 100-year floodplain boundary for the on-site wetlands was added to the engineering plans and the final plat. i. The final drainage plan shall be reviewed for compliance with the setback requirements from sensitive areas. As specified in KCC 21A.24.200, structures shall be set back a distance of 15 feet from the edge of sensitive area buffers. Compliance with the setback design standards may require modifications and/or relocation of the proposed drainage facility within Tracts A and B. The current conceptual drainage plan shows concrete retaining walls within the setback which is not allowed by County code. Response: The plans were reviewed for compliance with applicable setback requirements. The drainage facility was modified to maintain the wetland buffer and remain wholly within Tract A. The proposed retaining walls were modified to not be located within the setback area. The drainage facilities were designed and constructed to be at least 15 ft from the wetland buffer. j. A permit from the Washington State Fisheries Department may be required for roadway improvements along the property frontage which may impact wetlands and/or streams. Any required permits shall be submitted to King County prior to engineering plan approval. Response: It was determined that a Washington State Fisheries Department permit was not required prior to the construction of the roadway improvements 7. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. SE 1841 h Street shall be improved as an urban neighborhood collector along the plat frontage. The improvements shall include curb, gutter, and sidewalk along the north side of the roadway with the curb located at 16 feet from road centerline. Response: Frontage improvements along SE 184th Street were designed, submitted, reviewed, approved, constructed, and inspected. The improvements included curb, gutter and sidewalk per the King County Road Standards urban collector requirements, along the north side of SE 184th Street b. The onsite cul-de-sac shall be improved as an urban minor access street. Response: The cul-de-sac was improved to meet the King County Road Standards for an urban minor access including 22 ft of paving, vertical curb, sidewalk, and a minimum right-of-way width. c. Due to previous grading work within the site, the applicant shall demonstrate to the satisfaction of King County that the proposed roadways are constructed on suitable soils with subgrade compaction in accordance with County standards. Lot grading shall also be evaluated to assure that building sites are properly prepared for future home construction. Response: King County Inspection Services inspected the road construction during project construction. There are no records that indicate any concern by King County regarding the subgrade compaction of the roadway. Earth solutions NW provided geotechnical consulting and testing surfaces during construction to ensure proper • • compaction was met. A portion of this project was constructed after the project had been transferred from King County to the City of Renton. d. The proposed road improvements shall address the requirements for road surfacing outlined in KCRS Chapter 4. As noted in section 4.0lF, a full width pavement overlay is required where widening existing asphalt. Response: The engineering plans addressed road surfacing requirements. The plans were approved by King County DDES. e. Street trees shall be included in the design of all road improvements, and shall comply with Section 5.03 of the KCRS. Response: Street trees have been included in the road improvement plans. The plans were reviewed and approved by King County DDES. The street trees are planned to be installed by August 1, 2010. f. SE 1841h Street is designated a neighborhood collector street which may require designs for bus zones and turn outs. As specified in KCRS 2.16, the designer shall contact Metro and the local school district to determine any specific requirements. Response: METRO does not have a plan to add a bus route at the project location. Renton School District does plan to provide a bus stop at the northeast corner of 184,•/20thAVe SE. The applicant is currently working with the Renton School District to meet any improvement requirements necessary for the bus stop. g. Modifications to the above road conditions may be considered by King County pursuant to the variance procedures in KCRS 1.08. Response: No modifications to the above road conditions are proposed. 8. SCHOOL WALKWAY: To provide a safe walkway for school-age pedestrians, the Applicant shall improve Southeast 1841h Street from the frontage to the school bus 'pick-up' location at the intersection of Southeast 1841h/1201h Avenue SE. At the intersection of Southeast 1841h Street/120'" Avenue SE, a widened paved 'pad' shall be provided for those students. This off-frontage improvement shall consist of one of the following: a. A minimum five (S) foot wide paved walkway -separated from the existing roadway pavement edge by a four (4) foot wide gravel shoulder, or b. A full-width eight (8) foot wide paved shoulder delineated by a white edge line stripe, or c. Full urban improvements (i.e. concrete curb, gutter and 5-foot wide concrete sidewalk). The Applicant may choose to share costs of 9.c. above with the developer of the proposed plat of "Goss" (DDES File #LOSPOOOl) and/or, the developer of the proposed plat located at the northwest corner of the intersection of 1241 h Avenue SE/Southeast 1841 h Street (DDES pre-application File #A05PM102), provided the curb line shall be set at 16-feet north of the right-of-way centerline, the roadway widened with a full roadway pavement section, and the existing roadway pavement overlaid or reconstructed as required by the requirements of KCRS 4.01. (RCW 58.17.110) These off-site improvements will not be required if the school district decides in its future plan to provide bus pick up location at the plat entrance or any other location in the vicinity of the site and transport the elementary school kids to and from school by bus. If the pickup location is not at the plat entrance, then a safe pedestrian walkway from the site to the bus pick up location shall be provided. To implement the above condition, the Applicant shall submit detailed engineering plans for the required walkway and other directly-related roadway work for review and approval by King County DOT and King County DDES. Response: The applicant is currently working with the Renton School District to determine if the applicability of this original condition. If necessary, the proposed project will provide off-frontage improvements per Option A, as outlined: "A minimum of five (5) foot wide paved walkway-separated from the existing roadway pavement edge by a four (4) foot wide gravel Shoulder." The improvements have not yet been constructed but they will be provided prior to project completion if requested by the Renton School District. 9. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. Response: All utilities within the proposed right-of-way will be included within approved franchises or easements as required by the City of Renton. 10. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. Response: The King County MPS is not applicable now as this project is now under the jurisdiction of the City of Renton. For each new lot (15), Transportation Mitigation fees in the amount of $717. 75/lot ($10,766.25) will be required prior to plat recording. 11. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be • allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. Response: King County school impact fees are no longer applicable to this project. A note to the final plat has been added requiring that school impact fees will be assessed and collected at the time of building permit submittal. 12. The planter islands (if any) within the cul-de-sacs shall be maintained by the abutting lot owners or homeowners association. This shall be stated on the face of the final plat. Response: No planter island is proposed (or required) within the cul-de-sac. This requirement does not apply. 13. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in KCC 2 lA.24. Permanent survey marking and signs as specified in KCC 21A.24.160 shall also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers (e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. Response: The proposed project complies with the Sensitive Areas Code. Permanent survey markings and signage have been installed along the critical area buffer. Temporary marking and fencing was installed prior to construction and will continue to be in use as necessary during future construction. 14. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from KCC 21A.24 shall also be addressed by the applicant. Wetlands a. Class 2 wetland(s) shall have a minimum buffer of 50 feet, measured from the wetland edge. Response: The minimum buffer has been maintained from the wetland edge for this project. b. The wetland(s) and their respective buffers shall be placed in a Sensitive Area Tract (SAT). Response: The wetlands and associated buffers will be located within a separate tract. c. Buffer averaging may be proposed, pursuant to KCC 21A.24.320,-provided the total amount of the buffer area is not reduced and better resource protection is achieved, subject to review and approval by a DDES Senior Ecologist. Response: The wetland restoration and mitigation plan was reviewed and approved by King County DDES. There is no additional mitigation or buffer averaging proposed by this project. d. A minimum building setback line of 15 feet shall be required from the edge of the tract. Response: The 15 foot building setback line from the edge of the wetland buffer/tract was maintained for currently constructed structures. The setback line will also be maintained for future building construction. e. Split-rail fence shall be installed along the wetland buffers. Response: A split-rail fence has been installed along the wetland buffer. 15. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tract/sensitive area and buffer conveys to the public a beneficial interest in the land within the tract/sensitive area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The sensitive area tract/sensitive area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/sensitive area and buffer the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and buffer. The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by law. The common boundary between the tract/sensitive area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of King County prior to any clearing, grading, building construction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15-foot building setback line, unless otherwise provided by law. Response: The required note was provided on the final engineering plan which was reviewed and approved by King County. In addition, the required note, as amended or revised by the City of Renton, has been included on the final plat. 16. Suitable recreation space shall be provided consistent with the requirements of KCC 21A.14.180 and KCC 21A.14.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches, etc.]. a. A detailed recreation space plan (i.e. area calculations, dimensions, landscape specifications, equipment specifications, etc.) shall be submitted for review and approval by DOES and King County Parks prior to or concurrent with the submittal of the engineering plan. This plan must not conflict with the Significant Tree Inventory & Mitigation Plan. Response: A detailed recreation space plan was submitted, reviewed, and approved by King County DDES. The applicant is planning on pursuing a plat amendment to allow a park mitigation fee to City of Renton Parks and Recreation in lieu of providing the on- site recreation area. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. Response: An assignment of funds has been provided to the City for the estimated amount of the improvements ($51,432.15) for the recreation area and street trees until a decision regarding the plat amendment is reached. 17. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). Response: A homeowners' association has been established to provide ownership and maintenance of community space for this project. 18. Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.16.0SO): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. Response: A street tree plan per King County code and standards was provided, reviewed, and approved by King County DDES. Street trees will be installed by August 1, 2010. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. Response: A street tree plan per King County code and standards was provided, reviewed, and approved by King County DDES. Street trees will be planted in the right-of-way in accordance with the KCRS . c. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. Response: The street tree plan includes trees planted within the right of way. This condition is not applicable. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. Response: The City of Renton does not have an applicable maintenance program; the trees will be owned and maintained by the homeowners association. A note has been provided to the final plat stating the above. e. The species of trees shall be approved by DOES if located within the right-of- way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. Response: The approved street tree plan does not include the restricted species listed above. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by ODES prior to engineering plan approval. Response: A street tree plan and bond quantity sheet was submitted, reviewed and approved by ODES. g. The applicant shall contact Metro Service Planning at 684-1622 to determine if SE 1841 h Street is on a bus route. If SE 1841 h Street is a bus route, the street tree plan shall also be reviewed by Metro. Response: The proposed location is not located on a Metro bus route. This condition is not applicable. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. Response: A street tree deferral has been preliminarily allowed by the City of Renton to allow for street tree installation to be completed after the proposed building construction. An assignment of funds for the recreation and street trees has been provided by the applicant. The street trees are scheduled to be installed by August 1, 2010 under this deferral agreement. The City of Renton does not have a maintenance program for street trees. A maintenance bond will not be required for this project. The Homeowners' association will be responsible for the maintenance of the street trees. The final plat includes a note stating the HOA responsibility with regards to the trees. i. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current County fees. Response: The City of Renton does not have a maintenance program for street trees. ----· ·-·· .... _ No future inspection fees for the street trees will be required. 19. Areas used as regional utility corridors shall be contained in separate tracts and meet the setback requirements of King County Code 21A.12.140 -Setbacks from regional utility corridors. Response: Utility easement areas will be provided where required and are shown on the final plat. Setbacks from regional utility corridors have been met for the proposed project. 20. Significant Trees, 50-220. This development condition requires the applicant to retain a percentage of existing significant trees on-site. The applicant is exempt from this requirement per KCC 21A.38.23.B.h. which states: " Project sites with 25 percent or greater of the total gross site area in sensitive areas, sensitive area buffers and other areas to be left undisturbed such as wildlife corridors, shall be exempt from the significant tree retention requirements of this chapter." Response: As stated above, Tree Retention requirements are not applicable to this project, as greater than 25% of the project site area is comprised of sensitive areas and associated buffers. CONCLUSIONS: The Final Plat appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved. RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2. All fees shall be paid prior to the recording of the plat. SUBMITIED THIS 9th DAY of January, 2010 DEVELc#MENT SERVICES DIVISION ' • • APPLICATION FOR CITY OF RENTON RIGHT OF WAY USE -DEFERRALS -W AlVERS -VARIANCES -FEE IN LlEU 1055 South Grady Way, Renton, WA 98055 (425} 430-7216 PROJECT NAME: Benson Trails --------------------------- S l TE ADDRESS: 12044 SE 184th Street, Renton, WA 98058 LEGAL DESCRIPTION OF PROPERTY: 12044 SE 184th Street, Renton. WA 98058 Include King County Assessors Parcel No: _6_1_9_9_6_0_03_2_0_&_6_1_9_9_60_0_2_8_2 __________ _ APPLICANT: Benson Trails L.L.C. PHONE: (206) 298-2000 CELL: Same as above BUSINESS ADDRESS: P.O. Box 80565, Seattle, WA 98108 ATTACHASEPARATELETTER WITHTIDSAPPLICATIONSTATINGINDETAlL: Zip Code 1. The request 2. Applicable City Code 3. Items and quantities involved 4. Justification for request 5. Amount of time requested 6. Provide vicinity map (8-1/2 x 11 inches} Attach a drawing or sketch of your proposal. Mall or drop off the completed application and map to: CITY OF RENTON Development Services Division Jsn lllisn, Coordinator 1055 -S. Grady Way 6a. Floor Renton, WA 98057 425-430-7216 Completed applications will be reviewed and a written d~mination issued approximately 3-4 weeks from date of receipt of application. You will be contaQled-if 1' afwn.i, incomplete orif additional information is required. _ ATE: ~ -Z>-ZD(O p OFFICE USE ONLY OFFICE USE ONLY OFFICE USE ONLY OFFICE USE ONLY DEFERRAL (efNew ( ) Extension Offsite Onsite ------------ EXCESS R/W ( ) FEE IN LlEU ( ) WAIVER () H:\j<jl<, Sy.,\Bl'W • Jloard of Publlo Workli\APPLICAT!ON\BPW2007 .doo VARIANCE ( ) New ( ) Extension ( ) Underground ( ) Driveway ( ) Slope Grades ( ) Noise ' Benson Trails Deferral Request March 23, 2010 ( ';1 ," (';1 r"/ 2 _., <(·) .,, r:-' ,, __ .,.. Benson Trails -Recreation & Street Tree Deferral This deferral request related to the Benson Trails subdivision project has been submitted to the City of Renton, The developer requests that a portion of the required improvements in conjunction with the proposed development be deferred until the proposed development has been approved and the new homes have been constructed as allowed by City of Renton Municipal Code Section 4-9-060. The improvements requesting to be deferred are the required street trees along the frontage of SE 184'" Street and the proposed new cul-de-sac road previously required by King County requirements, prior to the annexation by the City of Renton. Also included in the deferral request is the landscaping and equipment installation for the on-site recreation area. In an effort to prevent potential damage maintenance disruption to the installed improvements during construction, the developer has proposed to defer the installation of these items until the on-site home construction has been completed. This deferral will allow for ease of access for equipment, materials, and related construction activities on the property. The developer requests that the deferral be allowed prior to final plat approval. Construction of the proposed development and deferred improvements are anticipated to be completed by August 1, 2010, The project site is located at 12044 SE 1841" Street in Renton, WA as indicated on the vicinity map below. December 17, 2009 City of Renton Development Services Division Rick, Moreno, Coordinator 1055 -S. Grady Way, 61h Floor Renton, WA 98057 Re: Deferral Request for the Benson Trails (Sandhu) Plat Dear Rick, The Benson Trails plat is nearing completion and we are seeking final recording. It would be our preference to defer the landscaping for this project. Home construction is expected to take place in the near future and it would be our expectation that these items be completed during that time but no later than May 31, 20_ I 0. ,, '·--'jYCl5L'?o10 We have received a bid for these items as follows: Landscaping $51,432.15 • Street Trees • Play Area Please consider our request and let me know if you have any questions. I can be reached at (206) 658-4006 Sincerely, Chris Clousing Owner's representative for Benson Trails, LLC .. !, ~ • j "' • j ;:; ~ ' ' 5 ~ ~ ~ • i i I ~ i ~ @ f ... <i) cl © ,[j e 0 8 0 G (~,.ample: please submit on bank letterhe , ASSIGNMENT OF FUNDS TO THE CITY OF RENTON .lJEF10·00p,. APPLICANT: Owner: Address: Phone: Fax: BANK: ---=--=-...,,--=--cc~------B ens on Trails,LLC Branch: ~==~===---------4 Nickerson St Address: -------------Se a tt le, Wa 98109 206-658-4044 Phone: -=-~--'-'------------ 206-762-2087 Fax: ------------- Viking Bank P0Boxl9087 Seattle, W a 98109 206-658--4044 Attention: _C_a th_y~H_al_e~y ________ Attention: ------------- Title: Title: The above referenced bank here_by certifies that$ 77 148.23 is on deposit in account# j Q\ ClOlf:;,Lt,'21£! , under the name of the City of Renton, to secure the applicant's performance of the following work required .in connection with the plat or project described below: Plat or Project: Benct.n Tm1ls Etti <-\K'i, · Sandu Subdivison Location/Address of Plat or Project: ____ =12=0=XX~~S=E~~l=8~4th_~S=t~. ~R=e=nt=o=n·~~W=a The required work is generally described as follows: Purpose is recreation and street tree deferral. The bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton ( the City). We further agree that these funds will be paid to the City within 10 days of receiving written notice that the City has determined that the required work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the City and shall not interplead or in any manner delay payment of said funs to the City. The applicant hereby agrees to this Assignment of Funds and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This Assignment of funds is irrevocable and cannot be cancelled by the bank or applicant These funds may not be assigned, pledge used as security or otherwise made available to the applicant, bank or third party witho th · n consent of the City. · VlC-V 1 \l I tv C-{? ,y, IL ~~~ffitrN=r-~- Authorized Signature 3 ~ . _ . 1\~e,\ct..,& ,4 ,vJuk.<\. "'v Authorized Signature J)c,.;c,..4;' £ s--r.EPHE~so,..,,, :f,{1.. vP Name, Title "J/~3/'7 ' D.toodit\Dept Onl)IOREO\Benson trails-Assigrunent ofFunds (3).doc Date 05/07 APPLICATION FOR CITY OF RENTON RIGHT OF WAY USE-DEFERRALS -W AlVERS-VARIANCES -FEE IN LIEU 1055 South Grady Way, Renton, WA 98055 (425) 430-7216 PROJECT NAME: Benson Trails --------------------------- Sl TE ADDRESS: 12044 SE 184th Street, Renton, WA 98058 LEGAL DESCRIPTION OF PROPERTY: 12044 SE 184th Street, Renton, WA 98058 fnclude King County Assessors Parcel No: _6_1_9_9_6_0_0_32_0_&_6_1_9_9_60_0_2_8_2 __________ _ APPLICANT: Benson TraHs L.L.C. PHONE: (206) 298-2000 CELL: Same as above BUSINESS ADDRESS: P.O. Box 80565, Seattle, WA 98108 Zip Code ATTACHASEPARATELETTER WITHTHISAPPLICATIONSTATINGINDETAIL: I. 11ie request 2. Applicable City Code 3. Items and quantities involved 4. Justification for request 5. Amount of time requested 6. Provide vicinity map (8-1/2 x 11 inches) Attach a drawing or sketch of your proposal. Mall or drop off the completed application and map to: CITY OF RENTON Development Services Division Jan Illian, Coordinator 1055 -S. Grady Way 6• Floor Renton, WA 98057 425-430-7216 Completed applications will be reviewed and a wri~~ination issued approximately 3-4 weeks from date of receipt of application. You will be contasi,:di ~~s incomplete or if additional information is required. APPLICANT'S SIGNATURE: -DATE, >Or /1010 -I OFFICE USE ONLY OFFICE USE ONLY DEFERRAL (i-(New ( ) Extension Offsite ------------ Onsite ___________ _ OFFICE USE ONLY OFFICE USE ONLY VARIANCE ( ) New ( ) Extension ( ) Underground ( ) Slope Grades ( ) Driveway ( ) Noise EXCESS R/W ( ) FEE IN LIEU ( ) WAIVER () H:'\File Sy&\BPW ~ Board ofPub1io Works\APPLICATI0N'8PW2007.doc Benson Trails Deferral Request April 5, 2010 Benson Trails -School Walkway Deferral This deferral request related to the Benson Trails subdivision project has been submitted to the City of Renton. Prior to the recording of this plat project, the property was annexed by the City of Renton. Previously, King County had granted preliminary approval of the plat subject to a condition which required the construction of off-frontage school walkway improvements. The applicant is currently working with the Renton Schoof District to determine the applicability and extent of the improvements. In the mean time, the developer requests that the requirement to construct the walkway improvements in conjunction with the proposed development be deferred until August 1, 2010, after the proposed development has been approved and the new homes have been constructed as allowed by City of Renton Municipal Code Section 4-9-060. The original conditions of approval specify three different options for the off-frontage improvements. Unless otherwise deterrnined through working with the Renton School District, the applicant intends to construct the following option: a. A minimum five (5) foot wide paved walkway-separated from the existing roadway pavement edge by a four (4) food wide gravel shoulder The applicant will provide a financial guarantee as deterrnined from the attached Bond Quantity Worksheet, for the construction of this option while the determination is made from the Renton School District regarding the improvements. The financial guarantee will be 150% of the estimate as required by Renton Municipal Code Section 4-9-060. The developer anticipates improvements will be constructed before August 1, 2010. The project site is located at 12044 SE 184'" Street in Renton, WA as indicated on the vicinity map below. (Example: please submit on bank letterhead) ASSIGNMENT OF FONDS TO THE CITY OF RENTON· OF'F'IO-OC3 APPLICANT: BANK: Owner: Benson Trails, LLC Branch: Viking Bank Address: PO Box 19087 Address: 5701 S l" Ave Seattle, Wa 98109 Seattle, Wa 98109 Phone: 206-658-4044 Phone: 206-658-4044 Fax: 206-762-2087 Fax: 206-762-2087 Attention: Cathy Haley Attention: Cathy Haley Title: Title: The above referenced bank hereby certifies that$ 8 059.35 is on deposit in account# 1010043626 under the name of the City of Renton, to secure the applicant's performance of the following work required in connection with the plat or project described below: Plat or Project: Sandu Subdivision Location/Address of Plat or Project:. ____ =l2=0=XX=~S=E~~l=84~th-~S=t·-=R=en=t=on=,-~W=a The required work is generally described as follows: Walkway set aside. The bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 10 days of receiving written notice that the City has determined that the required work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the City and shall not interplead or in any manner delay payment of said funs to the City. The applicant hereby agrees to this Assignment of Funds and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This Assignment of funds is irrevocable and cannot be cancelled by the bank or applicant. These funds may not be assigned, pledged, used as security or otherwise made available to the applicant, bank or third party without the prior written consent of the City. BENSON TRAILS, LLC Applicant Bank l3r a-~ r ~-S-v~ Authorized Signature ~(). .. ~ /$ 'S''f"if,i?//6,..,.IOA-f, -J"v p Name, Title t'¥o ' . Date ID-Ignmertl of Funds (4).doc OS/07 W VIKING BANK Local. Personalized. Customer-Driven. 206 784 0106 LJQq OQ,30 t,,ici 1n~.l'Y\h-io6 7841182ru P.O. Box 80565 ASSIGNMENT OF FUNDS TO THE CITY OF RENTO 5701 First Avenue South Seattle, WA 98108 www.vikingbank.com APPLICANT: BANK: Viking Bank Owner: Benson Trails, LLC Branch: Nickerson Street Address: 4 Nickerson Street, Suite 200 Address: 4 Nickerson Street, Suite 200 Seattle, WA 98109 Seattle, WA 98109 Phone: 206-297-4220 Phone: 206-658-4011 Fax: 206-784-2573 Fax: 206-784-1182 Attention: Richard Mulcah:)'. Attention: Dawn Otto Title: Manager Title: Viking Bank The above referenced bank hereby certifies that$ 16 516.50 is on deposit in account # 1010043626 , under the name of the City of Renton, to secure the applicant's performance of the following work required in connection with the plat or project described below: Plat or Project: Sandhu/ Benson Trails Location/ Address of Plat or Project:_-'"12,,,0,::,44C!...!,S,,,E'"l'-'8""4'-"'-'R"'en"""to,,,nh...!W_,:_,A"'·----------- The required work is generally described as follows: On & Offsite Road, Curb, Sidewalk im rovements The bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within IO days ofreceiving written notice that the City has detennined that the required work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the City and shall not interplead or in any manner delay payment of said funs to the City. The applicant hereby agrees to this Assignment of Funds and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This Assignment of funds is irrevocable and cannot be cancelled by the bank or applicant. These funds may not be assigned, pledged, used as security or otherwise made available to the applicant, bank or third party without the prior written consent of the City. Bank: Viking Bank ~un rn. a.I Iv uorized Signature A Name, Title Name, Title Richard Mulcahy, Manager Dawn M. Otto, Vice President Date: 01/08/10 Date: 01/08/10 'C!) EQUAL HOUSING LENDER I MEMBER FDIC ·---- CITY OF RENTON Construction Permit Permit Number: U090030 Permission is hereby given to do the following described work, according to the conditions hereon and according to the approved plans and specifications pertaining thereto, subject to compliance with the Ordinances of the City of Renton. Work ----------------------------------------- Des c rip ti on: 16 lots with detention vault and wetlands. Benson Hill Annexation. Complete installation of improvements onsite and off site. Water and sewer is Soos Creek. Job Address: Owner: Contractor: Contact: 12044 SE 184TH ST SOOS CREEK WATER AND SEWER SANDHU PROPERTY LLC 27013 PACIFIC HWY S #353 DES MOINES WA 98198 S & W UTILITY CONTRACTORS INC 9416 FRONT ST S LAKEWOOD, WA 98499 SANDHU PROPERTY LLC Contractor License: SWUTICI095LJ Contractor Phone: 253-584-0660 office City License: 0100 Contact's Phone: __________________________________________ Other Information: Date oflssue Date of Expiration Date Finaled 03/26/2009 Work Order Parcel Number Inspector's Name Inspector's Phone 87031 6199600320 PAT MILLER/STEVE PINKHAM 206-999-1827 ________________________________________ !tis understood that the City of Renton shall be held hannless of any and all liability, damage or injury arising from the performance of the work described above. You will be billed time and material for any work done by City staff to repair damages. Any work performed within the right-of-way must be done by a licensed, bonded contractor. Call 425-430-7203 one working day in advance for inspections and for any work in the Right of Way Locate utilities before excavating. Call before you dig -72 Hour Locators 1-800-424-5555 I hereby certify that no work is to be done except as described above and in approved plans, and that work is to conform to Renton codes and ordinances. X Subject to compliance with the Ordinances of the City of Renton and information filed herewith pennit is granted. Applicant Public Works Rep THIS PERMIT MUST BE POSTED AT THE JOB SITE AT ALL TIMES. ENGOI 12/00bh Printed: 03-26-2010 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Utility Services Permit RECEIPT Permit#: U090030 Receipt Number: R1001430 Total Payment: 03/26/2010 12:44 PM 16,192.00 Payee: BENSON TRAILS #45753 Current Payment Made to the Following Items: Trans Account Code Description Amount 4069 427.388.10.00.0040 Spec Util Connect Stormw 16,192.00 Payments made for this receipt Trans Method Description Amount Payment Check #45753 16,192.00 Account Balances Trans Account Code Description Balance Due --------------------------------------------------------------------- 4028 000.343.20.00.0000 Public Works Inspection .00 4033 407.343.90.00.0003 Stormwater Insp Approval .00 4040 426.388.10.00.0020 Spec Util Connect Sewer .00 4042 406.343.90.00.0002 Sewer Inspection Approvl .oo 4044 406.322.10.00.0015 Sewer Permit .00 4050 000.322.40.00.0000 Right-of-way Constructn .00 4056 425.388.10.00.0010 Spec Util Connect Water .00 4057 405.343.90.00.0001 Water Inspection Approvl .00 4059 405.388.10.00.0013 Misc. Water Installation .00 4061 407.322.10.00.0020 Storm Water Permits .00 4069 427.388.10.00.0040 Spec Util Connect Stormw .00 5025 000.322.10.00.0017 Street Lighting Fee .00 Remaining Balance Due: $0.00 Printed: 03-25-2010 Payment Made: Total Payment: .00 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Utility Services Permit RECEIPT Permit#: U090030 Payee: Current Payment Made to the Following Items: Payments made for this receipt Receipt Number: Trans Method Description Amount Account Balances Trans Account Code Description Balance Due --------------------------------------------------------------------- 4028 000.343.20.00.0000 Public Works Inspection .00 4033 407.343.90.00.0003 Stormwater Insp Approval .00 4040 426.388.10.00.0020 Spec Util Connect Sewer .00 4042 406.343.90.00.0002 Sewer Inspection Approvl .00 4044 406.322.10.00.0015 Sewer Permit .oo 4050 000.322.40.00.0000 Right-of-way Constructn .00 4056 425.388.10.00.0010 Spec Util Connect Water .00 4057 405.343.90.00.0001 Water Inspection Approvl .00 4059 405.388.10.00.0013 Misc. Water Installation .00 4061 407.322.10.00.0020 Storm Water Permits .00 4069 427.388.10.00.0040 Spec Util Connect Stormw 16,192.00 5025 000.322.10.00.0017 Street Lighting Fee .00 Remaining Balance Due: $16,192.00 Printed: 03-24-2010 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA09-111 03/24/2010 04:47 PM Receipt Number: R1001387 Total Payment: 7,320.00 Payee: Benson Trails, LLC #45749 Current Payment Made to the Following Items: Trans Account Code Description Amount 5045 304.000.00.345.85 Fire Mitigation-SFR 7,320.00 Payments made for this receipt Trans Method Description Amount Payment Check 45749 7,320.00 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 ooo.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use, Hobbyk, Fence 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5045 304.000.00.345.85 Fire Mitigation-SFR 5050 305.000.00.344.85 Traffic Mitigation Fee 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 650.237.00.00.0000 DO NOT USE -USE 3954 5955 000.05.519.90.42.l Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $10,766.25 .00 .00 .00 .oo .00 .00 .00 .00 .00 .00 .00 .00 .00 .oo .oo .00 .00 .00 .00 .oo .00 10,766.25 .00 .00 .00 .00 .00 Printed: 03-24-2010 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA09-111 Receipt Number: R1001388 Total Payment: 03/24/2010 04:48 PM 10,766.25 Payee: Benson Trails LLC #45750 Current Payment Made to the Following Items: Trans Account Code Description Amount 5050 305.000.00.344.85 Traffic Mitigation Fee 10,766.25 Payments made for this receipt Trans Method Description Amount Payment Check #45750 10,766.25 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use, Hobbyk, Fence 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5045 304.000.00.345.85 Fire Mitigation-SFR 5050 305.000.00.344.85 Traffic Mitigation Fee 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 650.237.00.00.0000 DO NOT USE -USE 3954 5955 000.05.519.90.42.1 Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 .00 .00 . 00 .00 .00 .00 .00 .00 .oo .00 .oo .oo .00 .00 .00 .00 .00 .00 .oo .00 .00 .oo .00 .00 .00 .oo .00 Fireproofing Aggregates March 17, 2010 Shotcrete Concrete Masonry Asphalt Roofing P i I i n g S t e e I S o i I s W O O d File: 07 -331 Renton Building-Plan Review 1055 S. Grady 5th Floor Renton, WA 98055 Project: Address: Permit No.: Sandhue 12037 S.E. 184th 4193 A.A.R. TESTING LABORATORY, INC. CONSTRUC I l()N INSPlC rlC1' A"ID MAT[RIAL T[ST1N,; NATIONALLY ACCf.PTED LN:lOHi\101-lY This is to advise you that special inspections are completed on the above referenced project. The following inspections were required and copies of our inspection reports are enclosed. 1. Resteel inspection 2. Concrete materials testing 3. Concrete placement 4. Grout placement 5. Grout materials testing To the best of our knowledge all work inspected conformed to King County Building Department approved plans, specifications, IBC related codes and/or verbal or written instructions from the Engineer of Record. Sincerely, A.AR. TESTING LABORATORY, INC. Kimberle Anderson President CC: Traditional Urban Builders-Johnathan Kurth Tel: (425) 881-5812 Fax (425) 881-5441 • 7126 180th Ave. NE• P.O. Box 2523 • Redmond, WA 98073 Client: Frontier Construction PO Box 7570 Cov1ngton,WA 98042 Contact: Tom Inspection Performed: Date: 1112612007 Field Report Report#: 44560 Project Number: 07-331 Permit#: Project Name: Address: Time: 4193 Sand hue 12037 SE 184th St Temperature: Arrived on site by request for a resteel inspection at the water retention vault walls. All resteel has been placed per plans, with the exception of pony wall at Northeast corner "corner bars" need to be installed at this location. Lots of mud caked onto resteel -resteel must be cleaned, these issues were brought to the attention of the workers. Distribution· ~ Distribute Client ~ Distribute Contractor Distribute Engineer Distribute Owner Inspector: Old Record ~ Distribute Municipality . Distribute Other Reviewed by: Kim Anderson Distribute Architect Distribute Other All reports are considered confidential and are the property of the client and A.A.R. Testing Laboratory, Inc. Reproduction except In full without the written consent of A.A.R. Testing is strictly forbidden Field/Material Report AAR. Testing tabcil'atocy,iilnf. Report#: 69976 Client Name: Frontier Construction Contact: Tom Client Address: PO Box 7570 Covington.WA 98042 Date: 12/21/2007 Supplier: Miles Material Data: Concrete Plant Number: 201 Mix Number: 02600 Truck Number: M136 Ticket Number: 198054 Number of Samples: 5 Yards placed: 11 of 32 Design Strength: 3000 Inspection Performed: Reinforced Concrete Location: Vault Lid Project Number: 07-331 Permit# 4193 Project Name: Sandhue Address: Air Temperature: Concrete Temperature: Air Content: Slump: Time Sampled· Added Water: Air Entrainment (oz/yard): Admixtures (oz/yard)) : 12037 SE 184th St 42 F 56 F % 5" 1:00:00 PM 11galbyc MBPoly997 ASTM C 1064 ASTM C 231 ASTM C 143 ByWhom: 17.0 Grid Lines: Water detention vault lid no gridlines on plan. Four 5'x10' boxed openings (stem walls) at NE,NW, SE and SW corners of water detention vault lid. A series of hollow core planks which run east to west inside vault lid. Remarks; Concrete was placed via pump and mechanically consolidated via HF vibrator. Sample was taken at point of discharge. V Conforming to approved plans Inspector: Horton, Tim ID #SI 01577 2nd Inspector: Oliver, Frank 3rd Inspector: Samples Tested in Accordance with ASTM: C 1231 C31 C172 C 39 Sample JO Test Date Age 709074 12/26/200 5 709075 12/28/200 7 709076 1/18/2008 28 709077 1/18/2008 28 709078 1/18/2008 28 Distribution: Size Area Set# 4X8 12.6 1/2 4X8 12.6 1/2 4X8 12.6 1/2 4X8 12.6 1/2 4X8 12.6 1/2 'I./ Client t,! Municipality Distribute Other iY'l Contractor r 1 Engineer Total Load 43150 57810 77090 78270 75710 L_; Owner ~ Architect PSI 3440 4600 6140 6230 6030 Method Fracture Type C 1231 Pad Cap C 1231 Pad Cap C 1231 Pad Cap C 1231 Pad Cap C 1231 Pad Cap Date Mailed: Tested By: Mike Holtz Reviewed: Mike Blackwell All tests in accordance with the requirements of ASTM C 31 for casting and curing concrete specimens in the field excluding Section i 0.1 2 (required use of a maximum-minimum thermometer). All reports are considered confidential and are the property of the client and A.A.R Testing Laboratory, Inc. Reproduction except in full, without the written consent of A.AR. Testing Laboratory is strictly forbidden. Field/Material Report Report #: 69576 A:,>..R. Testing !c:iJ;,Qratory,fli,il:i!l:~1~~~t Pho.n.~4. Client Name: Frontier Construction Contact: Tom Client Address: PO. Box 7570 Covington,WA 98042 Date: 12/21/2007 Miles Project Number: 07-331 Permit# 4193 Project Name: Sandhue Address: 12037 SE 184th St Air Temperature: 42 F Supplier: Concrete Temperature: 53 F ASTM C 1064 Material Data: Concrete Air Content: % ASTM C 231 Plant Number: 201 Mix Number 10550 Slump: 4 1/2" ' ASTM C 143 Truck Number M091 Time Sampled: 2:00 00 PM Added Water: -0-ByWhom: Ticket Number: 198060 Number of Samples: 5 Air Entrainment (oz/yard): Yards placed: 7 of 7 Admixtures (oz/yard)) : MB 100XR 42.0 Design Strength: 3000 Inspection Performed: Grout Placement Location: Vault Lid Grid Lines: Water detention vault lid, no grid lines on plans. A series of control joints which run East to West in vault lid. Remarks: Grout was placed via pump and mechanically consolidated into final place. \/ Conforming to approved plans Inspector: Horton, Tim ID #SI 01577 2nd Inspector: Oliver, Frank 3rd Inspector; Samples Tested in Accordance with ASTM: C 1231 C31 C172 C 39 Sample ID Test Date Age Size Area Set# Total Load PSI Method Fracture Type 709056 12/28/200 7 2X4 3.14 2/2 16870 5370 C 1231 Pad Cap 709057 1/18/2008 28 2X4 3.14 2/2 21680 6900 C 1231 Pad Cap 709058 1/18/2008 28 2X4 3.t4 2/2 20970 6680 C 1231 Pad Cap 709059 1/18/2008 28 2X4 3.14 2/2 21280 6780 C 1231 Pad Cap 709060 12126/200 5 2X4 3.14 2/2 12690 4040 C 1231 Pad Cap Distribution: \/ Client __ Owner Date Mailed: \/ Municipality Distribute Other ,~ Contractor Engineer ___ ; Architect Tested By: Mike Holtz Reviewed: Mike Blackwel! All tests in accordance with the requirements of ASTM C 31 for casting and curing concrete specimens in the field excluding Section 10. 1.2 (required use of a maximum-minimum thermometer). All reports are considered confidential and are the property of the client and A.AR. Testing Laboratory, Inc. Reproduction except in full, without the written consent of A.A.R. Testing Laboratory is strictly forbidden. Field/Material Report Report#: 69343 Client Name: Frontier Construction Contact: Tom Client Address: PO Box 7570 Covington,WA 98042 Date: 11/29/2007 Supplier· Miles Material Data: Concrete Plant Number: 203 Mix Number 18400F Truck Number: 136 Ticket Number: 124803 Number of Samples: 4 Yards placed: 140 Design Strength: 3000 Inspection Performed: Reinforced Concrete Location: Walls Grid Lines: Detention Vault Walls Project Number: 07-331 Permit# 4193 Project Name: Sandhue Address: Air Temperature: Concrete Temperature: Air Content: Slump: Time Sampled: Added Water: Air Entrainment (oz/yard): Admixtures (oz/yard)) : 12037 SE 184th St 45 F 60 F % 5" " 9:30:00AM 0 ASTM C 1064 ASTM C 231 ASTM C 143 ByWhom: Remarks: Reinforcement re-inspected prior to pour today and found to be in conformance with approved plans. Concrete was placed via pump and mechanically consolidated. ~ Conforming to approved plans Inspector: Bosma, Rory ID #SI 01550 2nd Inspector: 3rd Inspector: Samples Tested in Accordance with ASTM: C 1231 C31 C172 C 39 Sample ID Test Date Age Size Area Set# Total Load PSI Method Fracture Type 708187 12/612007 7 4X8 12.6 1/1 56550 4500 C 1231 Pad Cap 708188 12/27/200 28 4X8 12.6 1/1 74630 5940 C 1231 Pad Cap 708189 12/27/200 28 4X8 12.6 1/1 73520 5850 C 1231 Pad Cap 708190 12/27/200 28 4X8 12.6 1/1 75890 6040 C 1231 Pad Cap Distribution· \/ Client Date Mailed: \/ Municipality Distribute Other ~ Contractor Engineer : Owner ~ Architect Tested By: Mike Holtz Reviewed: Mike Blackwell All tests in accordance with the requirements of ASTM C 31 for casting and curing concrete specimens in the field excluding Section 10.1.2 (required use of a maximum-minimum thermometer). All reports are considered confidential and are the property of the client and A.A.R. Testing Laboratory, Inc. Reproduction except in full, without the written consent of A.A.R. Testing Laboratory is strictly forbidden. Field/Material Report Report#: 68374 AA. R .. T e~ting l.:aboratory/lrici7t26 l80\h·Ay~;Ji{:E,i;!~aJ!f 11!P1/.§H.i.t~ .. <ti9JiiR•i.t1111ena, 1/YA9Bos2 !?hone 4;25,881f58f2•i:a;,!:ill~5U6~1;5441 \ .. !' ·:·· ····.· : Client Name: Frontier Construction Contact: Tom Client Address: PO Box 7570 Covington.WA 9B042 Date: 11/8/2007 Supplier: Miles Material Data Concrete Plant Number 201 Mix Number: 18400F Truck Number: M324 Ticket Number· 195923 Number of Samples: 4 Yards placed: 43/128 Design Strength: 3000 Inspection Performed: Reinforced Concrete Location: Grid Lines: Slab On Grade Vault Slab on Grade no grids available. Project Number: 07-331 Permit# Project Name: Address: Air Temperature: Concrete Temperature: Air Content: Slump: Time Sampled: Added Water: 0 Air Entrainment {oz/yard): Admixtures (oz/yard)) : 4193 Sandhue 12037 SE 184th St 43 F 55 F % 6" ASTM C 1064 ASTM C 231 ASTM C 143 ByWhom: Remarks: Resteel was inspected prior to placement. Concrete was placed via pump and was mechanically consolidated. V Conforming to approved plans Inspector: Foree, Nick 2nd Inspector: Oliver, Frank 3rd Inspector: Samples Tested in Accordance with ASTM: C 1231 C 31 C 172 C 39 Sample ID Test Date 707464 11115/200 707465 12/6/2007 707466 1216/2007 707467 121612007 Distribution: Age Size Area Set# 7 28 28 28 4X8 12.6 111 4X8 12.6 111 4X8 12.6 1/1 4X8 12.6 1/1 ."i Client 1"1: Municipality Distribute Other "!{___ Contractor Engineer Total Load 43700 64150 67090 66230 L Owner Architect PSI 3480 5110 5340 5270 Method Fracture Type C 1231 Pad Cap C 1231 Pad Cap C 1231 Pad Cap C 1231 Pad Cap Date Mailed: Tested By: Mike Holtz Reviewed: Mike Blackwell All tests in accordance with the requirements of ASTM C 31 for casting and curing concrete specimens in the field excluding Section 10.1 .2 (required use of a maximum-minimum thermometer). All reports are considered confidential and are the property of the client and A.A.R. Testing Laboratory, Inc. Reproduction except in full, without the written consent of A.AR. Testing Laboratory is strictly forbidden. /t .. DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM March 16, 2010 Bob Mac Onie, Technical Services Sonja Fesser, Technical Services Jan Illian, x 7216 BENSON TRAILS FINAL PLAT AKA: SANDHU PLAT LUA 09 -111 FP 12044 -SE 1841 • Street FINAL REVIEW & APPROVAL FORM Enclosed are the latest corrections to the final plat per your latest review memo dated February 18th, 2010 .. Attached is the revised plat. If all concerns have been addressed and you recommend recording of the mylars, please sign this memo below and return to me. If you need copies, please let me know. Thank you. Approval: Approval: cc: Yellow File • • .. , DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: MEMORANDUM March 22, 2010 Jan Illian Sonja J. Fesser )!re(:[ Benson Trails Final Plat, LUA-09-111-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: The title block for "KENNETH R. ASSOCIATES" (on Sheet 1 of 6) contains an extra "K" in the name "KENNETH". Remove Item Nos. 1 and 2 from the "TITLE REPORT NOTES AND SPECIAL EXCEPTIONS" block on Sheet 2 of 6. Said items do not impact the recording ofthe subject plat. References to the Native Growth Protection Easement (NGPE) should be noted on Sheet 4 of 6. Remove Item No. 15 (under "GENERAL NOTES") from the final submittal (Sheet 2 of 6). Item No. 7 under said "GENERAL NOTES" contains an error -change "HOW" to HOA. h:\filc sys\lnd -land subdivision & surveying record~\lnd-10 -plats\0481 \rvl 00322.doc February 22, 2010 Department of Energy Bonneville Power Administration 28401 Covington Way Kent. WA 98042 In reply refer to: TERR/Covington Tract No. C-SE-7-A-649 Line Name: Covington-Maple Valley No. 1 (oper. as Cov-Duwamish) btwn towers 7/4 &7/5; Cov-Seattle Line (oper. as Cov-Creston) btwn towers 7/1 & 7/3 Your reference: Sandhu Plat Chris Clousing 1615 Y2FirstAve. W. Seattle, WA 98119 Dear Mr. Clousing: I am in receipt of the revised plans for the Sandhu Subdivision. I have spoken with Jonathan Kurth as well. I do understand that with the revisions incorporated into the plans dated September 10, 2007, there is no affect upon the Bonneville Power easement right of way. I am proceeding with the recording of the Termination of Land Use Agreement which I am including as an attachment. Please call if you have any questions. Sincerely, Paul B. Woolson Realty Specialist Office 253-631-9154 Cell 360-772-0294 Cc: Jonathan Kurth Jan Illian City of Renton Development Services 1055 -S. Grady Way 6th floor Renton, WA 98057 After Recording Return Document to: Bonneville Power Administration Real Estate Field Services 28401 Covington Way SE Kent, WA 98042 Termination of Land Use Agreement LINE/FACILITY: Covington-Maple Valley No.l (Operates as Cov-Duwamish 7/4) TRACT No. C-SE-7-A-649 BPA CASE No. 20060520. This Notice of Land Use refers to that certain Land Use Agreement (LUA) dated January 19, 2007 between the Bonneville Power Administration (BPA) AND Sandhu Properties, LLC. BPA hereby cancels said Land Use Agreement recorded June 1, 2007 under Auditor's File No. 20070601000687. Premises. The property affected is partially within the SE Y. NW Y. Section 33, Township 23 North, Range 5, East, Willamette Meridian, King County, Washington also identified as Assessor's Parcel Numbers 619960-0282-04 and 619960-0320-08. Signed this February 18, 2010 Bonneville Power Administration Paul B. Woolson, Realty Specialist DATE: TO: FROM: SUBJECT: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M February 18, 2010 Jan Illian (\_f'>f Sonja J. Fesser ~~ Benson Trails Final Plat, LUA-09-111-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: The address noted on Sheet 5 of 6 for Lot 9 should be 18306121st Pl SE, not 18309. Complete City of Renton Monument Cards, with reference points of all new right of way monuments set as part of the plat. That portion of Item No. 12 under "GENERAL NOTES" that ends with "UNLESS AND UNTIL KING COUNTY OR ITS SUCCESSOR AGENCY HAS ADOPTED A MAINTENANCE PROGRAM" should be removed from Sheet 2 of 6. Is the plan and profile number referenced in "GENERAL NOTES" under Item No. 15 (Sheet 2 of 6) correct ("P-4193 ON FILE WITH THE CITY OF RENTON")? Said same number was noted in the previous submittal, but on file with "KING COUNTY DEPARTMENT OF DEVELOPMENT SERVICES (DDES)". Review and revise as needed. Because this is a plat, an updated plat certificate is required for Council approval of said plat. Said certificate must be dated within the 45-day time period prior to Council action on the approval request. Update the "TITLE REPORT NOTES AND SPECIAL EXCEPTIONS" block (Sheet 2 of 6) with the date of an updated Plat Certificate and any recent additions per the Special Exception portion of the title report. Although the first paragraph of the "RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS" block (Sheet 3 of 6) references the Native Growth Protection Easement (N PGE), there is no specific reference to it noted on either Sheet 5 of 6, or 6 of 6. Also, there is a reference to "KING COUNTY" in the second paragraph that should be changed to CITY OF RENTON. h:\filc sys\!nd -land subdivision & surveying rccords\lnd-10 -phits\0481\rv I002 l 8.doc ,, Addressee Name Page 2 of2 Date of Memo A "COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE BENSON TRAILS HOMEOWNERS' ASSOCIATION" document was included with the September 3, 2009 plat submittal to the city. If said document is to be recorded concurrently with the plat, then it needs to be completed with the necessary information (legal description, etc.) required. A reference to said document also needs to be noted on the plat submittal with a space provided for the recording number thereof. The third listing under the "REFERENCES" block on Sheet 3 of 6 refers to "KING COUNTY". Should the CITY OF RENTON be included, or replace "KING COUNTY" in this listing? Provide a detail of the electric vault easement shown over Lots 7 and 8 on Sheet S of 6 (Rec. No. 20081020000322). Stewart Title Subdivision Guarantee, Order No. 972648, dated November 5, 2009, lists under the "SUBJECT TO" section of said guarantee, a number of recorded documents that encumber the subject plat property. Said documents included are: Rec. No. 3178820 for an electrical/telephone lines easement, Rec. No. 20070601000687 for a land use agreement and Rec. No. 20080115000436 for a utility systems easement. The underlying plat, Northwestern Garden Tracts, Division No. 6, as recorded in Volume 46 of Plats, Page 100 is also an encumbrance. Note these on the plat submittal, if not already shown. Comments for the Project Manager: Item Nos. 16 and 17, shown on the September 9, 2009, plat submittal to the city, refers to school impact fees. Item No. 16 refers to fifty percent of fees paid at the time of final plat approval and Item No. 17 refers to school fees for Lot 1 of said subject plat. We were not aware that school impact fees were ta be collected, so we asked that these twa items be removed from Sheet 2 of 6. However, if said items are valid and relevant at this time, please have the applicant return them to the "GENERAL NOTES" block. It would be helpful if you (or knowledgeable others) could provide additional information to complete Item No 17, if possible. Please review the comment regarding Item No. 12 above. Is there a city tree maintenance program being developed for implementation? The City is working up language with regard to the filling of wetlands on the site for inclusion on the final plat. h:\tile sys\lnd -land subdivision & surveying rccords\lnd-10 -plats\0481 \rv l 00218.doc DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM January 12, 2010 Bob Mac Onie, Technical Services Sonja Fesser, Technical Services Jan Illian, x 7216 BENSON TRAILS FINAL PLAT AKA: SANDHU PLAT LUA 09 -111 FP 12044 -SE 184th Street FINAL REVIEW & APPROVAL FORM Enclosed are the latest corrections to the final plat per your previous memo in September 2009. Attached is the revised plat. If all concerns have been addressed and you recommend recording of the mylars, please sign this memo below and return to me. If you need copies, please let me know. Thank you. Approval: Approval: Name, Title Date cc: Yellow File SOOS CREEK WAT:r.. & SEWER DISTRICT 14616 S.E. 192nd St. • PO. Box 58039 • Renton, WA 98058-1039 • Phone (253) 630-9900 • Fax (253) 630-5289 January 6, 2010 Benson Trails LLC. c/o Viking Bank Attn: Jolmathan Kurth 1615 Y, 1st Ave W. Seattle, WA 98119 RE: Benson Trails (aka Sandhu Plat) Dear Developer: Our records indicate that construction of the water and sewer system in the above referenced plat is substantially complete. The District will be processing final paperwork for this plat. Please contact me at (253) 630-9900 ext 144 or via email at lramsey@sooscreek.com if you have any questions. Sincerely, Lynn Ramsey Development Administration Y\T'iArw.sooscreek.com To: From: Date: Subject: CITY OF RENTON INTER OFFICE MEMO Larry Warren, City Attorney Jan Illian, Development Services September 29, 2009 , BENSON TRAILS FINAL PLAT AKA SANDU PLAT LUA09-111 FP Declaration of Covenants, Conditions, and Restrictions Please review the attached Declaration of Covenants, Conditions, and Restrictions document as to legal form. A copy of the Hearing Examiner's Report from King County, dated June 10, 2005 is attached for reference. Applicant is required to establish a homeowners association. This plat was approved in King Cou~ty and was annexed into the City last year. The proposed date for consideration by the Council is late December 2009. If I may be of assistance in expediting this request please call me at 430-7216. cc: Kayren Kittrick LUA 08-111 FP • Corporations: Registration Detail ~ http://wv,' w . sos. \Va.gov/print. aspx?ur! =http: //wv,;w .sos. w a. gov/corps ... I of 2 Corporations: Registration Detail Corporations Division -Registration Data Search Neither the State of Washington nor any agency, officer, or employee of the State of Washington warrants the accuracy, reliability, or timeliness of any information in the Public Access System and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information. While every effort is made to ensure the accuracy of this information, portions may be incorrect or not current. Any person or entity who relies on information obtained from the System does so at his or her own risk. BENSON TRAILS HOMEOWNERS ASSOCIATION UBI Number Category Profit/Nonprofit Active/Inactive State Of Incorporation Date of Incorporation Expiration Date Dissolution Date Registered Agent Information Agent Name Address City State ZIP Special Address Information Address City State Zip 602962638 REG Nonprofit Active WA 09/11/2009 09/30/2010 JOHN BURDETTE 13410 111TH ST CT E PUYALLUP WA 98374 1/8/2010 1:03 PM Corporations: Registration Detail http://ww\v. sos. w a.gov/pri nt.aspx?url =http://www.sos.wa.gov/corps ... .~ ,· 2 of2 Governing Persons Title Director Director Name Burdette, John Westmark, Ken Purchase Documents for this Corporation » « Return to Search List You can find this information at: http://www.sos.wa.gov/corps /search_detail.aspx?ubi=602962638 Address 13410 111th St Court East PUYALLUP, WA 13410 111th St Court East PUYALLUP, WA 1/8/20 IO I :03 PM Gmail -Sandhu Street Lights http://mai1.google.com/mai \/9ui~2&ik~2ebfJ4ed8 l &view~pt&q-_j i ... I of I Johnathan Kurth <johnathan.kurth@gmail.com> Sandhu Street Lights Kennedy, James P <james.kennedy@pse.com> To: Johnathan Kurth <johnathan.kurth@gmail.com> The two lights at Sandhu are working. Should they fail due to a lamp or photocell failure, PSE is responsible to make the repair within 72 hours of being notified. Should the failure be the result of a knock down or some other serious problem, such as vandalism, it is the responsibility of PSE to make the site safe and make the repair as soon as materials can be made available. I hope this helps. Jim Kennedy Account Manager PSE / lntolight [Quoted text hidden] Wed, Jan 6, 2010 at 1 :08 PM 1/8/2010 1:59 PM Denis Law Mayor October 02, 2009 Jonathan Kurth Viking Bank 4 Nickerson Street Suite 200 PO Box 19087 Seattle WA 98109 SUBJECT: Status Report of Sandhu Final Plat aka: Benson Trails File No. LUA09-lll FP KC File No. L03P0027 Jonathan, The purpose of this letter is to provide an update on the status of the final plat submittal. There are several outstanding items, which must be completed and resubmitted for a second review before project closeout can be completed and the final plat can be recorded. I am forwarding on the first set of comments from all departments for your review and comment. Property Services Comments Property Services has reviewed the final plat submittal and has provided the following comments. Please make the corrections and resubmit revised plat map drawings. l. Note the City of Renton land use action number and land record number, LUA-09-111-FP and LND- 10-0481, respectively, on the drawing sheets. The type size used for the land record number should be smaller than that used for the land use action number. 2. Show two ties to the City of Renton Survey Control Network with published values. The geometry will be checked by the city when the ties have been provided. 3. Provide sufficient information to determine how the plat boundary was established. 4. Note the bearings and overall dimensions forthe west and north lines of the plat shown on Sheet 5 of 6. 5. Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set as part of the plat, if any. Note that the standard monuments in case, to be set as construction is completed, are City of Renton monuments, not King County. Revise the "LEGEND" blocks on Sheets 4, 5 and 6 of 6 accordingly. 6. Remove the City of Renton "SEAL" from the upper left-hand corner of all drawing sheets. Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov ' Benson Trails Final Plat October 2, 2009 Page 2 of 6 7. The City will provide addresses for the lots as soon as possible. Note said addresses in the spaces already provided on Sheet 5 of 6. The house address system (Item No. 9 under the "GENERAL NOTES" block, Sheet 2 of 6) should be removed. 8. Required City of Renton signatures on the final plat submittal include the Administrator of Public Works, the Mayor and the City Clerk. An approval block for the city's Finance Director is also required. Note that the title for the Administrator has changed. 9. All vested owners of the subject plat, at the time of recording, need to sign the final plat submittal. Include notary blocks as needed. 10. Change the title of the "DEDICATION" block to OWNER'S DECLARATION. 11. Note that if there are restrictive covenants, easements or agreements to others (neighboring property owners, etc.) as part of this subdivision, they can be recorded concurrently with the plat. The plat drawing and the associated document(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) will be referenced on the plat in the appropriate locations. 12. The following statement regarding the Homeowners' Association {HOA), concerning ownership of sensitive areas, regional utility corridors, and recreational purposes tracts should be noted under the "GENERAL NOTES" block (after Item Nos. 3 or 6?) on the final plat drawing as follows: Upon the recording of this plat, Tract A, Tract Band Tract Care hereby granted and conveyed to the Benson Trails Homeowners Association (HOA) for sensitive areas, regional utility corridors and recreational purposes. Ownership and maintenance of said Tracts shall be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract previously owned by the HOA and have the attendant financial and maintenance responsibilities. 13. There are no defined written differences noted between a private joint use driveway (Item No. 7 under "GENERAL NOTES" on Sheet 2 of 6) and a private access tract (Item No. 8). If no difference exists, use private access tracts as a name for both items. 14. See the attachment of Item No. 3 under "GENERAL NOTES" for needed revisions. 15. Item Nos. 10, 14, 15, 16 and 17 under the "GENERAL NOTES" block appears not to apply to the City of Renton. If so, remove said items from said block. 16. Item Nos. 18, 19, 21 and 22 all refer to "KING COUNTY, OR ITS SUCCESSOR AGENCY". It would be best to replace said reference with CITY OF RENTON. Benson Trails Final Plat October 2, 2009 Page 3 of6 17. It appears that Item No. 10 and Item No. 22 are one and the same. Review, revise and remove as needed. Said Item No. 22 is also mentioned as a reference to the 10' guy anchor easement {Sheet 5 of 6). However, said Item No. 22 does not refer to the easement. To whom is the easement to be granted? 18. It does not appear that the "DOWNSPOUT NOTE" block {Sheet 3 of 6) has a direct impact on the recording of this plat. Review and remove said block from the plat submittal. 19. The City's Native Growth Protection Area Easement statement applies to a portion of Tract A. Add the statement noted on the attachment to the plat submittal and show said easement area on the plat drawing. Said easement statement might be a good replacement for the first paragraph noted under the "RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS" block on Sheet 3 of 6. Review and revise as needed. 20. The Declarations of Covenants, Conditions, and Restrictions for the Benson Trails Homeowners' Association document is to be recorded with the plat. Please reference said document on the plat submittal and provide a space for the recording number thereof. 21. An updated Plat Certificate title report will be required for Council approval of the plat. Said certificate must be dated within the 45-day time period prior to Council action on the approval request. The current title report and plat submittal delivered to the city may be incorrect· the owner is noted as SANDHU PROPERTY, LLC". The city's Land Use Permit Master Application form identifies the owner as Benson Trails. LLC (application form received by the city on September 3, 2009). Update the ''TITLE REPORT NOTES AND SPECIAL EXCEPTIONS" block {Sheet 2 of 6) with the date of an updated Plat Certificate and any recent additions to the Special Exceptions portion of the title report. 22. See the attachments for additional circled items that need to be addressed. Resubmit the redlines with your new revised plat map. Miscellaneous l. Provide documentation that a Homeowners Association has been created and registered with the State of Washington. 2. Provide documentation from BPA that they {BPA) are satisfied with concerns or conditions outlined in a letter dated March 15, 2004. There is a bullet item requesting the CCRs (per the land use agreement) note that the landowners of Lots 10 -13 must apply directly to BPA prior to use of the right of way. Please explain in detail. Final Plat Conditions 1. The file contains a document that responds to 20 final plat conditions identified in the KC HEX report. Who prepared the report? Please provide detailed information as to how specific conditions in the June Benson Trails Final Plat October 2, 2009 Page 4 of6 5th, 2005 HEX report have been addressed. In particular items 6d, 6g, 6i, 16 a & b,. Please update the document and resubmit with a date and the preparers signature and contact information. Storm Fee Review Comments 1. A fee review sheet for the preliminary plat is provided. Based on the number of lots, storm water system development fees are owed. The rate is $1,012 times 16 lots or $16,192.00. These fees are required to be paid under city utility permit U090030 and prior to recording. Fire Department Comments 1. None Planning Comments Jennifer Henning has reviewed the final plat submittal and has provided the following planning comments: 1. Install split rail fence and provide signage. 2. Landscaping must be installed or deferred with appropriate surety device. 3. Recreation equipment required under King County must be installed. Declarations of Covenants. Conditions. and Restrictions 1. This document is currently under review by the City attorney. Any revisions or redlines will be provided to you electronically. Deferral Comments 1. Installation of landscaping and plantings may be deferred prior to recording of the plat. An application requesting a deferral was sent to Jonathan Kurth. Once the application is received by the City, a determination will be made in approximately 3-4 weeks. If the request is approved, a surety device will need to be in place with the City prior to recording of the plat. Utility Improvements Punch list 1. Completion of all utility, drainage, paving, grading, street lighting, landscaping, street improvements, including all street signs for the project. This includes all punch list items from the Public Works Inspector and/or the City Maintenance Division. When all punch list items are completed, please call Pat Miller at 206-999-1827 for re-inspection. Utility construction permit U090030 must be signed off by the inspector prior to recording of the plat. Continue working with the inspector to insure that the project has a final walk through and a final permit sign off has been completed. Benson Trails Final Plat October 2, 2009 Page5of6 2. Provide an approval letter from Soos Creek Water and Sewer District. Street lighting 1. Please provide an update. As-Built Submittal 1. Provide construction plan "asbuilt" mylars. All plan sheets, including those constructed per design, must be verified, stamped and signed as As-Built by a licensed surveyor or engineer. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all water mains, sanitary sewer, and storm drainage systems easements, which shall be consistent with the As-Built location of the utility. Once the above have been addressed, submit one set of As-Built blue lines of the civil drawings to me. The inspector will review the blue lines. If they are in order, I will call for the submittal of civil mylars. These final mylars will be stored as permanent records. The mylars shall be labeled "AS-BUILT" in a large block letters and stamped by a PE or PLS. Submit a CAD file along with your As-Built drawings. Construction Cost Data 1. The Cost Data Inventory Form is to be completed and submitted with the Bill of Sale. The Cost Data Inventory must reflect the actual cost of construction in dollars (value) for each utility/improvement the City will own and maintain. This will include, storm, streets, and sidewalk improvements, Bill of Sale 1. The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and Inventory Form. Include sidewalk, streets, and pipe systems to be owned and maintained by the City. Do not include side sewers or any constructed improvements not to be owned by the City of Renton. Maintenance Bond 1. A Maintenance Bond or Assignment of Funds is required in the amount of 10% of the grand total of the storm, street, sidewalk, and curb and gutter as shown on the Cost Data Inventory form. Previous bonds held will be released upon receipt and acceptance of the maintenance bond or assignment of funds. Easements 1. Separate utility easements, where applicable for offsite improvements will be required to be submitted for review. Easement documents must be submitted, approved, and recorded by the City. Please submit all easements for our review and approval before signing and notarizing by the property owner. We will return for final signature and notarization once our Technical Services Section has approved the legal description and easement form. Please include legal description as "Exhibit A" and map showing location of easement as "Exhibit B". Benson Trails Final Plat October 2, 2009 Page 6 of 6 All Fees Paid 1. All outstanding fees for each new single-family lot will be required to be paid prior to recording of the plat. 2. Ensure any overtime inspection billed to the job is paid. 3. A check in the amount of $15.81 made out to Champion Courier will be required prior to recording. Transportation Comments Note to applicant. Traffic Mitigation fees of $717.75 per new single-family lot will be required to be paid at the time of issuance of each new building permit The above items are required to be completed before sign off of the utility permit and prior to recording of the plat. Please submit all correspondence and revisions to me and I will forward them on to the appropriate departments for further review. Please keep in mind each department has up to two additional weeks to review the corrections. If you have any questions please contact me at 425-430- 7216. Jan Illian City of Renton Development Services 1055 -S. Grady Way 6th floor Renton, WA 98057 425-430-7216 jillian@rentonwa.gov cc: Kayren Kittrick Jennifer Henning Chris (lousing Pat Miller File DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MEMORANDUM DATE: September 30, 2009 Jan Illian, Plan Review TO: FROM: Jennifer Henning, Planning Manager Q11\ SUBJECT: Sandhu Final Plat (LUA09-111, FP; King County File No. L03P0027) 1. Applicant must comply with platting provisions of King County Title 19A. (Condition I) 2. The proposed drainage facility within Tract B is located in the Bonneville Transmission Line right-of-way. If you have not already provided to King County, the applicant shall provide correspondence and/or permits from Bonneville indicated approval for locating and constructing the drainage facility. (Condition 6g) 3. Street trees shall be include in the design of all road improvements, and shall comply with Section 5.03 of the KCRS. (Condition 7e) 4. To provide a safe walkway for school-age pedestrians, the Applicant shall improve Southeast 184th Street from the frontage to the school bus "pick-up" location at the intersection of SE 184'11 / l 20'h Ave SE. At the intersection of SE 184'\12o'h Ave SE, a widened paved 'pad' shall be provided for those students. This off-frontage improvement shall consist of one of the following: a. A minimum five (5) foot wide paved walkway-separated from the existing roadway pavement edge by a four ( 4) foot wide gravel shoulder, or b. A full-width eight (8) foot wide paved shoulder delineated by a white edge line strip; or c. Full urban improvements (i.e. concrete curb, gutter and 5-foot wide concrete sidewalk) (Please refer to Condition No. Sc) 5. Applicable Impact Fees are required to be paid. (Conditions No. 10, 11) 6. Street tree plans and surety device are needed per Condition No. 18. h:\ced\planning\current planning\jth\revicw comments\2009\sandhu short plat.doc • City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET COMMENTS DUE: SEPTEMBER 24, 2009 APPLICATION NO: LUA09-111, FP DATE CIRCULATED: SEPTEMBER 10, 2009 APPLICANT: Vikina Bank -Chris Clousina PLANNER: Jan Illian PROJECT TITLE: Sandhu/Benson Trails Final Plat PLAN REVIEWER: Jennifer Hennina SITE AREA: 6.27 acres EXISTING BLDG AREA (grass): LOCATION: 12044 SE 184" Street PROPOSED BLDG AREA {oross) WORK ORDER NO: 78118 SUMMARY OF PROPOSAL: Benson Hill annexation subdivision of 6.27 acres into 16 single-family residential lots. Water and sewer provided by Soos Creek. Storm, road, and detention vault is City of Renton. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable More Env;ronment Minor Major Information Impacts Impacts Necessary Earth Hous{nn Air Aesthetics Water Liaht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Tran5nortation Environmental Health Public Se!Vices Energy/ Natural Resources HistondCulturaf Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas wher additional info eded to properly assess this proposal. Date City of .on Department of Community & Economic De. -lopment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: P«,rPr-ti l _,q/(c., COMMENTS DUE: SEPTEMBER 24, 2009 --. _) APPLICATION NO: LUA09-111, FP DATE CIRCULATED: SEPTEMBER 10, 2009 APPLICANT: Vtkinq Bank -Chris Clousinn PLANNER: Jan Illian ' ~· <nf;::.1,;,i·"'- PROJECT TITLE: Sandhu/Benson Trails Final Plat PLAN REVIEWER: Jennifer Hennina t·;/ '.· \) {. .• ~ • .J SITE AREA: 6.27 acres EXISTING BLDG AREA !nross\: SEF ' \,.1 / }''1 LOCATION: 12044 SE 184'' Street PROPOSED BLDG AREA !nross\ -•, ,-,_, .. , ... 'cc-,:·.:M WORK ORDER NO: 78118 UTiL\"fY [._-i\'m ~~ivD SUMMARY OF PROPOSAL: Benson Hill annexation subdivision of 6.27 acres into 16 single-family residential lots. Water and sewer provided by Soos Creek. Storm, road, and detention vault is City of Renton. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water Liaht!Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Se/Vices Energy/ Natural Resources Histon"c!Cultural Presetvation Airport Environment 10.000 Feet 14,000 Feet tom tnell-15 cr1a~JdCf B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is:needed to properly assess this proposal. Signature of Director or Authorized Representative Date ' PUBLIC WORKS DEPARTMENT MEMORANDUM TO: FROM: Jan Illian Sonja J. Fesser )Sf SUBJECT: Benson Trails, LUA-09-111-FP Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: Information needed for final plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-09-111- FP and LND-10-0481, respectively, on the drawing sheets. The type size used for the land record number should be smaller than that used for the land use action number. Show two ties to the City of Renton Survey Control Network with published values .. The geometry will be checked by the city when the ties have been·provided. Provide sufficient information to determine how the plat boundary was established. Note the bearings and overall dimensions for the west and north lines of the plat shown on Sheet 5 of 6. Complete City of Renton Monument Cards, with reference points of all new right-of-way monuments set as part of the plat, if any. Note that the standard monuments in case, to be set as construction is completed, are City of Renton monuments, not King County. Revise the "LEGEND" blocks on Sheets 4, 5 and 6 of 6 accordingly. Remove the City of Renton "SEAL" from the upper left-hand corner of all drawing sheets. The city will provide addresses for the lots as soon as possible. Note said addresses in the spaces already provided on Sheet 5 of 6. The house address system (Item No. 9 under the "GENERAL NOTES" block, Sheet 2 of 6) should be removed. Required City of Renton signatures on the final plat submittal include the Administrator of Public Works, the Mayor and the City Clerk. An approval block for the city's Finance Director is also required. Note that the title for the Administrator has changed. h:\file sys\lnd -land subdivision & surveying records\lnd-10 -plats\0481\rv090914.doc Addressee Name Page2of3 Date of Memo Here All vested owners of the subject plat, at the time of recording, need to sign the final plat submittal. Include notary blocks as needed. Change the title of the "DEDICATION" block to OWNER"S DECLARATION. Note that if there are restrictive covenants, easements or agreements to others (neighboring property owners, etc.) as part of this subdivision, they can be recorded concurrently with the plat. The plat drawing and the associated document(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) will be referenced on the plat in the appropriate locations. The following statement regarding the Homeowners' Association (HOA), concerning ownership of sensitive areas, regional utility corridors, and recreational purposes tracts should be noted under the "GENERAL NOTES" block (after Item Nos. 3 or 6?) on the final plat drawing as follows: Upon the recording of this plat, Tract A, Tract Band Tract Care hereby granted and conveyed to the Benson Trails Homeowners Association (HOA) for sensitive areas, regional utility corridors and recreational purposes. Ownership and maintenance of said Tracts shall be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract previously owned by the HOA and have the attendant financial and maintenance responsibilities. There are no defined written differences noted between a private joint use driveway (Item No. 7 under "GENERAL NOTES" on Sheet 2 of 6) and a private access tract (Item No. 8). If no difference exists, use private access tracts as a name for both items. See the attachment of Item No. 3 under "GENERAL NOTES" for needed revisions. Item Nos. 10, 14, 15, 16 and 17 under the "GENERAL NOTES" block appears not to apply to the City of Renton. If so, remove said items from said block. Item Nos. 18, 19, 21 and 22 all refer to "KING COUNTY, OR ITS SUCCESSOR AGENCY". It wou Id be best to replace said reference with CITY OF RENTON. It appears that Item No. 10 and Item No. 22 are one and the same. Review, revise and remove as needed. h:\file sys\lnd -land subdivision & surveying records\lnd-10-plats\0481\rv090914.doc Addressee Name Page 3 of 3 Date of Memo Here Said Item No. 22 is also mentioned as a reference to the 10' guy anchor easement (Sheet S of 6). However, said Item No. 22 does not refer to the easement. To whom is the easement to be granted? It does not appear that the "DOWNSPOUT NOTE" block (Sheet 3 of 6) has a direct impact on the recording of this plat. Review and remove said block from the plat submittal. The city's Native Growth Protection Area Easement statement applies to a portion of Tract A. Add the statement noted on the attachment to the plat submittal and show said easement area on the plat drawing. Said easement statement might be a good replacement for the first paragraph noted under the "RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS" block on Sheet 3 of 6. Review and revise as needed. If the Declarations of Covenants, Conditions and Restrictions for the Benson Trails Homeowners' Association" document is to be recorded with the plat, then reference said document on the plat submittal and provide a space for the recording number thereof. An updated Plat Certificate title report will be required for Council approval of the plat. Said certificate must be dated within the 4S-day time period prior to Council action on the approval request. The current title report and plat submittal delivered to the city may be incorrect -the owner is noted as SANDHU PROPERTY, LLC". The city's Land Use Permit Master Application form identifies the owner as Benson Trails, LLC (application form received by the city on September 3, 2009). Update the "TITLE REPORT NOTES AND SPECIAL EXCEPTIONS" block (Sheet 2 of 6) with the date of an updated Plat Certificate and any recent additions to the Special Exceptions portion of the title report. See the attachments for additional circled items that need to be addressed. Fee Review Comments: The Fee Review Sheet for this review of the preliminary plat is provided for your use and information. h:\file sys\lnd -land subdivision & surveying records\lnd-10 -plats\0481\rv090914.doc PROPERTY SERVICES FEE REVlEW No. 2009-/ 6 , ~ ,This fee review supersedes·and· els fee revieW rio. dated, V t k-11..J.S>t "e>A.ld k::c. J APPLICANT: J l:'IEJ,..Je,01:,.1 ::JJ3AJ/ 5) t LC ~R_E_C_El_V_E_D_F_R_D_M_: ~'-------------------' , JOB ADDRESS: 1 · 1 e.04.J-ss 1Mn-1 ;:'lJRarE-T , NATURE o, WORK, , . -,G=·i.q L,;, ·Kl i,, ti r~i;i-.i;,;Gwii:....; 5· LND No. ,· lo· -046) / SUBJFCT PROPERTY PARENT PIO No(s): I ------___ _,_,, ___ M ¥ _., ______ ¥ ____ "_ ....... -............ _ .................... ·------ .,. " " " ASSESSMENT '" '" '" ... :< :r DIST. PARCEL NO.OF DISTRICTS .. :.: < '" ... :: "' 0 No. No. METHOD OF ASSESSMENT UNITS AMOUNT ;_.; 0SAD D LATECOMER D D D -0 - 0SAD D LATECOMER D D D -o- 0SAD D LATECOMER D D D -o - 0SAD D LAHCOMER D D D -o- 0SAD D LATECOMER D D D -o - JOINT USE AGREEMENT (METRO) D D D -- \~'f~Mi~~Ji,~gMfll'it CH\\\lti.;:~i'fiii.\;<.,W'~~~~i~i: . ,.:,_:.: . · ..... · .. . ··,·}V c•';'c•,'5."•/':'.· C,:.,c'.fitJ\:;i •.. :, •. WATER' WASTEWATER' METER SIZE Water Service Fee Amount Fire Service Fee Amount" Wastewater Fee Amount 5/8" X 3//' $2,236 $292 $1,591 1" $5,589 $729 $3,977 11/2" $11,179 $1,458 $7,954 2" $17,886 $2,332 $12,726 3" $35,711 $4,665 $25,452 4" $55,893 $7,288 $39,768 6" $111,786 $14,577 $79,537 8" $178,857 $23,323 $127,258 a Actual fee will be based on total of new meters minus total credit of existing meters b Based upon the size of the fire service (NOT detector bypass meter) C Unless a separate fire service is provided, the System Development Charge(s) shall be based upon the size of the meter installed and a separate tire service fee will not be charged. SYSTEM"Dtt~tiil)'MBNT Q;i~~~~l.~.,~~jiJ(filR.k ...... ' >E >]E/C .. \,. ,. ;. • . ,,.E, • .. . LAND USE TYPE No. OF UNITS/ SQ. FTG. Ne\V Single Family Residential (SFR) u $1,012/unit x IG Addition of~ 500 sf to existing SFRuJ3 $0.405/sq ft of new impervious area x All Other Uses Y $0.405/sq ft of new impervious area x a Includes mobile home dwellings and manufactured homes f Fee shall not be greater than $1,012 Uo9ooso y Fee shall not be less than $1,012 og/,.,:,,/09 6ate I • It is the intent of this development fee analysis to put the developer/owner on notice, that the quoted fees may be applicable to the subject site upon development of the property. All quoted fees are potential charges that may be due and payable at the time the construction permit is issued to install the on-site and off-site improvements (i.e. underground utilities, street improvements, etc.) Triggering mechanisms for the SDC fees will be based on current City ordinances and determined by the applicable Utility Section. • The quoted fees do NOT include inspection fees, side sewer permits, r/w permit fees, the cost of water meters, or traffic benefit foes. • If subject property is within an LID, it is the developer's responsibility to check with the Finance Dept. for paid/un-paid status. • Please note that these fees are subject to change without notice. Final fees will be based on rates in effect at time of requirement lo pay per Ordinance. ,EFFECTIVE: January 26, 2009 l': \ K_McF\ Administrative\ Forms\ Fee Review\ 2009FeeRvw .doc >' SOC FEE $1e.1qe .... "' (I) 0 < 0 ~-"' (I) :1 :, Ul " s O"' (I) .... N TRAILS I VOLUME/PAGE POR11~ OF l. SEC. 33, TIP. 23 N., RNG. 5 E., W.M., KING COUNTY, WASHINGT~ ,.,-....., ""~--- D_E_VE_L_ti-PM_E __ N_T-EN_G_IN-E-ER_______ •,, '"""-.--. CITY OF RENTON APPROVALS CITY Of RENToN~·;;;N;:j:·;ll·;;;N:~usuc WORKS DEPARlMENT EXAMINED AND APPROVEUi'fllS'--··•P" DAY OF , 20_. --------------- ADMINISTRATOR CITY Of RENTON EXAMINED AND APPROvt:D THIS __ DAY OF ___ , 20_. ----~--"'· .,,,.,.. __ _ ATTEST: ----------- MAYOR DEPUTY CLERK OF THE COUNCIL CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS AND THAT ALL SPECIAL A SSMENTS CERTiflED TO lliE CITY ffiEASURER FOR COLLECTION ON ANY PROPERTY HEREIN CONTAINED DEDICATED FOR . ---. ·-... --.. . -··-... • .. , nr- I EGAL DESCRIPTION PARCEL "A": BENSOJ A THE S.E. 1/4, Cf" n£ N.W .. 11/ ~ CllY Of RENlQt LOT 5, BLOCK 2, NORTHWESTERN GARDEN TRACTS, DIVISION NO. 6, ACCORDING TO lHE PLAT THERtOf RfCOMJf:O IN VOLUME 46 OF PLATS, PAGE(S) too, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT lHE M'ST JOO fttT lHEREOF; AND THAT PORTION OF lHE SOUlHEAST QUARTER OF THE NORlHWEST QUARTER OF SECllOO .ll, TOWNSHIP 23 NORlH, RANGE 5 EAST, W.M., LYING BETWEEN THE EASTERLY AND WESTERLY LINES or ~ BONNEVILLE TRANSMISSION LINE RIGHT-OF-WAY, AS DESCRIBED IN INSTRUMENT RECORDED UN~ A.UOlft»l't nu :~,~ ,:kfu~~~GAARN~NL ~~c~r:=i~IO~~~O~~AC~~D~~G L~b itt:N~LA ~~~~~~ ~~~OroE~OiN J ~u: ~ ~ . J5[Aj!(PAGE(S) 100, RECORDS OF KING COUNTY, WASHINGTON, EXTENDED EASTERLY. PARCEL "B": TRACT 7, BLOCK 2, NORTHWESTERN GARDEN TRACTS, DIVISION NO. 6, ACCORDING TO lHE PLAT THt:RHl RECORDED IN VOLUME 46 OF PLATS, PAGE(S) 100, RECORDS OF KING COUNTY, WASHINGTON. BOTH Stn/A If 11' ttt( COUNTY OF KING, STATE OF WASHINGTON. TITLE REPORT NOTES AND SPECIAL EXCEPTIONS: lHE HEREIN ABOVE LEGAL DESCRIPTION AND lHIS SURVEY SUBDIVISION PLAT ARE BASED UPON TIM T CHHAlk PlA T CERTIFICATE PREPARED BY STEWART TITILE GUARANTY COMPANY OF WASHINGTON, INC., TITLE ORIJ[R NI) 205124925, CERTIFICATE FOR FILING lHE PROPOSED PLAT OF BENSON TRAILS, RECORDS EXAMINtO TO NOvt)ltlEJ! 6, 2007 AT 12:00 A.M. SAID HEREIN DESCRIBED PROPERTY IS SUBJECT TO PUBLICLY RECORDED lffM<; IIHAT!NO TO REAL ESTATE TITLE SPECIAL EXCEPTIONS, BEING DISCLOSED ON SCHEDULE B OF SAID CERTIFICATf" AHl"l FURTHER DESCRIBED AS FOLLOWS: 1. EASEMENT, INCLUDING TERMS AND CONDITIONS lHEREOF GRANTED TO lHE UNITED STATES OF AMfRH'.A, f~ ELECTRIC TRANSMISSION, TELEPHONE, AND TELEGRAPH LINES, INSTRUMENT RECORDED UNDER RFC NO 11161120. 2. EASEMENT, INCLUDING TERMS AND CONDITIONS THEREOF GRANTED TO PUGET SOUND PO'M:R AN[) I l('Ai t COMPANY, FOR ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM, INSTRUMENT RECORDfll \/NtlH• me NO. 3919394. 3. RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES, EASEMENTS, AND PROVISIONS DELINEATED ANtl/()R O.",CR1HfO ON lHE PLAT RECORDED IN VOLUME 46 OF PLATS AT PAGE(S} 100 IN KING COUNTY, W,4.SHING!ON 4. NON-TRANSFERABLE LAND USE AGREEMENT AND lHE TERMS AND CONDITIONS lHEREOf: BETWEEN: BONNEVILLE POWER ADMINISTRATION AND: SANDHU PROPERTY, LLC RECORDED: JUNE 1, 2007 RECORDING NUMBER: 20070601000687 SURVEYORS NOJES: 1. UNLESS OTHERWISE NOTED, ALL REAR LOT AND TRACT CORNERS WILL BE STAKED WITH 5 8 INCH DIAMETER DC"OAC '),1 IIJrUC"C: 11<1 1 >MC™ WI™ VFI I nw Pl A<;TIC: C:AP--IJARl(Ffl "ANOFRSON" "PLS-29267" AS lHE 1. UNLESS OTHERWISE NOTED, ALL REAR LOT AND TRACT CORNERS WILL BE STAKED WITH 5/8 INCH DIAMETER REBAR, 24 INCHES IN LENGTH, "i YELLOW PLASTIC CAP MARKED "AND ON" "PLS-29267" AS THE . SUBDIVISION ROAD & UTILITY COi IUCTION IS COMPLETED. ACTUAL FRON, LOT AND TRACT CORNERS WILL NOT BE SET. SIDE LOT LINES OF EACH LOT AND TRACT \ltlLL BE REFERENCED FROM STAKED REAR CORNERS TO THE ADJOINING STREET-WARD PROJECTION FROM THE ACTIJAL FRONT CORNERS, A VARIABLE DISTANCE TO THE TOP OF THE CONSTRUCTED CURBS AND MARKED \ltlTH A 'BERNTSEN BRAND' 1-1/2 INCH DIAMETER COPPER DISK SET FLUSH WITH SURFACE AND MARKED • ANDERSON 29267". 2. BASIS OF BEARING: RECORD NORTH; BASED UPON THE MONUMENTED v.£ST LINE OF THE NORTHWEST QUARTER OF SECTION 33 PER KING COUNTY AERIAL SURVEY; BEARING: NORTH 00°27'49' EAST. 3. ALL DISTANCE UNITS SHO\\N HEREIN ARE GROUND DISTANCES EXPRESSED IN U.S. SURVEY FEET, UNLESS OTHERWISE SPECIFIED. 4. A GEODIMETER 600, 3 SECOND DIRECT READING ELECTRONIC TOTAL STATION WAS EMPLOYED TO CONDUCT FIELD TRAVERSE CONTROL OBSERVATIONS FOR ESTABLISHING PROPERTY LINES DELINEATED UPON THIS PLAT. FINAL PRECISION RESULTS MEETS OR EXCEEDS STANDARDS FOR LAND BOUNDARY SURVEYS AS SET FORTH IN WASHINGTON ADMINISTRATIVE CODE UNDER WAC 332-130-090. GENERAL NOTES: 1. THERE SHAU BE NO VEHICULAR INGRESS OR EGRESS DIRECTLY ONTO S.E. 184TH STREET FROM LOTS 1 AND 16. 2. THE BENSON TRAILS HOMEO\\NERS ASSOCIATION WAS ESTABLISHED ON _i'>_rov __ 1 t:::ii::: __ Ol'!JE ______ ~ THE ARTICLES OF INCORPORATION ARE ON FILE WITH THE STATE OF WASHINGTON IN OLYMPIA. · . '··-. '•t . :s. TRAcriS1 A, B. c. D. AND E P'(ARE)-€8N51BEREf} A 'ffiA@ffB~r,fll:JRSbl.t.u:i; "fe(J(QQ 19AOA3il .... ~"'FRA!!ll'"B LAND RESERVED FOR SPECIFIED PURPOSES INCLUDING, BUT NOT LIMITED TO, RESERVE TRACTS, RECREATION, OPEN SPACE, SENSITIVE AREAS, SURFACE WATER RETENTION, UTILITY FACILITIES AND ACCESS. TRACTS ARE NOT . CONSIDERED LOTS OR BUILDING SITES FOR PURPOSES OF RESIDENTIAL DWELLING CONSTRUCTION. k TRACT 'A' IS A SENSITIVE AREA TRACT (S.A.T.) CONTAINING WETLANDS AND IS HEREBY CONVEYED UPON RECORDING OF THIS PLAT TO THE HOMEO\\NERS ASSOCIATION FOR THIS SUBDIVISION AND IDENTIFlED MORE PARTICULARLY IN THE HEREINABOVE DESCRIBED NOTE 2, FOR THE 01\NERSHIP AND MAINTENANCE PURPOSES. i. TRACT "B' IS A REGIONAL UTILITY CORRIDOR TRACT (RUCT) AND IS HEREBY CONVEYED TO THE BENSON TRAILS IOMEO\\NERS ASSOCIATION, ITS SUCCESSORS AND ASSIGNS FOR THE 01\NERSHIP AND MNNTENANCE PURPOSES. ;, TRACT •c• IS FOR THE RECREATIONAL PURPOSES FOR THE BENEFIT OF ALL THE LOT 01\NERS OF THIS PLAT AND IS DEDICATED AND CONVEYED TO THE BENSON TRAILS HOMEO S OCIATION UPON RECORDING OF THIS PLAT. SAID ASSOCIATION SHALL BE RESPONSIBLE FOR THE -NJ~INC TRACT 'C', SHOULD THE HOMEOWNERS ASSOCIATION FAIL TO PROPE INTAIN SAID TRA EN THE OWNERS OF ALL THE LOTS, 1-16, SHALL BE RESPONSIBLE FOR THE AINTAI F THE PRIVATE FACILITIES. A.THE OWNERS OF ALL THE LOTS 1 THROUGH 16 INCLUSIVE ARE RESPONSIBLE FOR PROVIDING THAT THE BENSON TRAILS HOMEOWNERS ASSOCIATION CONTINUES TO BE A FUNCTIONING LEGAL ENTITY. SAID HOMEOWNERS ASSOCIATION SHALL OWN AND MAINTAIN THE TRACT AS INDICATED AND CONVEYED HEREIN, UNLESS OTHERWISE APPROVED BY THE CITY OF RENTON OR ITS SUCCESSOR AGENCY. THIS COVENANT SHALL RUN WITH THE LAND AND IS BINDING UPON THE OWNERS OF ALL LOTS 1 THROUGH 16 INCLUSIVE, THEIR HEIRS, SUCCESSORS AND ASSIGNS. TRACT "D' IS A PRIVATE JOINT USE DRIVEWAY TRACT FOR INGRESS, EGRESS. PRIVATE DRAINAGE AND UTILITIES FOR THE BENEFIT OF THE O'M'-IERS OF LOTS 5 AND 6. OWNERSHIP OF LOT 5 AND LOT 6 WITHIN THIS PLAT INCLUDES AN EQUAL AND UNDIVIDED O'M'-IERSHIP INTEREST IN TRACT 'D", AND AN EQUAL AND UNDIVIDED RESPONSIBILITY FOR THE MAINTENANCE OF SAID TRACT. C: C11 C' .. ,_ I n-zr·,r,nn-, N TRAILS PORTION <f" 4, SEC. 33, nw>. 23 N., RNG. 5 E., W.M., RING COUNlY, WASHINGTON GENERAL NOTES -CONTINUED VOLUME/PAGI 8. TRACT 'E" IS A PRIVATE ACCESS TRACT FOR INGRESS, EGRESS, PRIVATE DRAINAGE AND UTILITIES FOR THE BENEflT OF THE OWNERS OF LOTS 9, 10, 11, 12, AND 13. OWNERSHIP OF LOTS 9, 10, 11, 12, AND 13 WITHIN THIS PLAT INCLUDES AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN TRACT "E', AND AN EQUAL AND UNDl'v1DEO RESPONSIBILITY FOR THE MAINTENANCE OF SAID TRACT. '< ··--····"····-·-.,.,,,,_ • 9. lHE HOUSE ADDRESS SYSlEM FOR THIS PLAT SHALL BE AS fOL(OWS:. ADD~ESSES SHALL BE ASSIGNED FOR THE NORlH -SOUlM ROADS WITHIN THE .RANGE OF TO AND WITHIN THE RANGE OF TO . ' -~~-:ni&.,£AS! :-WEST ROADS. INDIVIDUAL ADDRESSES WILL BE ASSIGNED TO THE PRINCIPAL ENTRANCE OF EACH RES1ornet ~ 1IDltDrtlfGIN ACCORDANCE'WITH KING COUNTY CODE 16.08. 10. THE ROAD AND STORM DRAINAGE SYSTEMS SHALL BE CONSTRUCTED ACCORDING TO THE APPROVED PLAN AND PROflLE, PLAN NO. P#f]93 ON FILE WITH KING COUNTY DEPARlMENT OF DEVELOPMENT AND ENVIRONMENTAL SERvlCES (DOES). ANY DEVIATION FROM THE APPROVED PLANS WILL REQUIRE WRlffiN APPROVAL FROM THE PROPER AGENCY, CURREN TI_ Y DOES. 11. THIS PORTION IS DEDICATED TO THE PUBLIC USE FOR ROAD PURPOSES UPON THE RECORDING OF THIS PLAT. 12. THE STREET ffiEES SHALL BE OWNED AND MAINTAINED BY THE HOMEOWNER'S ASSOCIATION UNLESS AND UNTIL KING COUNTY OR ITS SUCCESSOR AGENCY HAS ADOPTED A MAINTENANCE PROGRAM. 13. A PLANTER ISLAND, IF PROPOSED WITHIN THE CUL-DE-SAC BULBS, SHALL BE MAINTAINED BY THE HOME- Ov.NERS ASSOCIATION FOR THIS SUBDIVISION AND IDENTIFIED MORE PARTICULARLY IN THE HEREINABOVE DESCRIBED NOTE 2, FOR THE OWNERSHIP AND MAINTENANCE PURPOSES. If .14. THIS PLA 1 IS SUBJ::CT TO KING COUNTY CODE 14.75, KING COUNTY ROAD MITIGATION PAYMENT SYSTEM (MPS). 1 THE MPS fEES PLUS THE MPS ADMINISTRATIVE FEE SHALL BE PAID AT THE TIME OF BUILDING PERMIT APPL/CA llON THE RA TE IN EFFECT AT THAT TIME. /2 15. ROAD MPS FEES PER K.C. CODE 14.75 FOR LOT 1: '. ON[ RESIDENTIAL UNIT WAS EXISTING, OCCUPIED AND DEMOLISHED WITHIN THE THREE YEARS PRIOR TO THE APPUCA TION FOR DEVELOPMENT OF THIS SUBDIVISION. LOT 1 IN THIS PLAT SHALL BE EXEMPT FROM THE PAYMENT OF FEES REQUIRED BY KING COUNTY CODE 14.75, MITIGATION PAYMENT SYSTEM. SEE KING COUNTY OEPARTME.NT OF TRANSPORTATION PUBLIC RULE 6.2.1.4. (l\16. FlrTY PERCENT OF SCHOOL IMPACT FEES WERE PAID AT THE TIME OF FINAL PLAT APPROVAL IN ACCORDANCE · . .\ wm, KING COUNTY CODE 21A.43.050. THE BALANCE OF THE ASSESSED FEE, $0.00 PER LOT, TOG[ THER WITH THE CURRENT ADMINISTRATION FEE, MUST BE PAID AT THE TIME OF B . T . · ISSUANCE. {},17. SCHOOL FEES FOR LOT 1: SH~-2_~ 4, ONE RESIDENTIAL UNIT WAS EXISTING AND DEMOLISHED PRIOR TO THE DEVE ( THHl:.I:. Yl::.AHS N 11:.K lJAII:. m IHI:. ISSUANCI:. u~ IHI:. lJl:.MULI IIUN 1-'l:.KMI I), IHl:.N SAID LOTS SHALL BE EXEMPT FROM THE PAYMENT OF THE SCHOOL IMPACT 1'"EES. IF THE ISSUANCE OF A NEW BUILDING PERMIT FOR SAID LOT C RS AFTER EN THE FULL ASSESSED FEE, $0.00 PER LOT, TOGETHER WITH The. CURRENT ADMINISTRATION FEE, MUST oE PAID AT THE TIME OF BUILDING PERMIT ISSUANCE. SEE K.C. CODE 21A.43.070.A.2. 18. A 10.00-FOOT WIDE PUBLIC ROAD, STORM, AND UTILITIES EASEMENT (PSRUE), SHOWN HEREIN, IS HEREBY CONVEYED ~R ITS SUCCESSOR AGENCY, FOR THE PURPOSE OF OPERATING MAINTAINING, AND REPAIRING THE UTILITIES CONTAINED THEREIN. 19. AN OVERLYING EASEMENT IS HEREBY CONVEYED T01KING 691:JIHY,~OR ITS SUCCESSOR AGENCY, OVER, UNDER, ACROSS, AND UPON TRACT "B" FOR THE PURPOSE OF OPERATING, MAINTAINING, AND REPAIRING THE DRAINAGE FACILITIES CONTAINED THEREIN. 20. THE 10.00 FOOT GUY ANCHOR EASEMENT, SHOWN j:lEREIN.. IS HEREBY CQNVE~ TO PUGET SOUND ENERGY, OR ITS SUCCESSOR AGENCY, FOR THE PURPOSE Or OPERATING) MAINTAINING,( AND EPAIRING THE UTILITIES CONTAINED THEREIN. '----_________ _.. 21. ANY FUTURE RESIDENCE TO BE CONSTRUCTED ON THIS PLAT SHALL BE REQUIRED TO BE CONSTRUCTED WITH A (N.F.P.A.) NATIONAL FIRE PROTECTION ASSOCIATION STANDARD 13D SPRINKLER SYSTEM UNLESS OTHERWISE APPROVED.1iY Kl~IG CQYtl"fi' Bl!FARTMOO rn::::fifVfrufJMEN-FAMFEN-viRGNtlll!NfAb"'U&RVIGi;6 ~~E6)--00 ITS SUCCESSOR AlrNCY. 22. THE ROAD AND STORM DRAINAGE SYSTEM SHALL BE CONSTRUCTED ACCORDING TO THE APPROVED PLAN AND PROFILE, PLAN NO. P-4193 ON FILE WITH KIIIIG GOYN+¥--aEP-Afffi,!Eh'l' OF l'J[~t:flf'Ml,;]H .A:111, ENVIR.QNMENTAL .s£Rl/lCES--{DDES). ANY DEVIATION FROM THE APPROVED PLANS WILL REQUIRE WRITTEN APPROVAL OF THE PROPER AGENCY, CURRENTLY DDES. 23. THE 5.00 FOOT PO't't£R EASEMENT, SHov.,.i H•=,..,, ,St!rnrn TO PUGET SOUND ENERGY, OR ITS SUCCESSOR AGENCY, FOR THE PURPOSE OF PERATING)MAINTAININ~ AN REPAIRING THE UTILITIES CONTAINED THEREIN. -~-·--·-,~--.... ',;,) KENNETH R. ANDERSON AND ASSOCIATES, INC. Surwyfng, Mapping and Land Planning 1720 South 341st Place, SUlte C-4, federal Way, WA 98003 Telephone: (253) 838-1199 fax: (253} 838-8164 E-Mal: lnfoOandenlonsurveion.com lt'O ~ 4 / A I.I 111 • / A rar'l"I •• T I\Y-U n C ~ W lJ !- Cl a. :,; 0.. Q'.) a .;,: "' <D 0, 3 " ,ri 0 I -0 a: "' "' a I "' ;;- 0, " 9-::, :I: Cl z <( "' I "' ·s 0 Cl "' "' a I "' ;;- "' -0 .!!, e a. "' 0 0 ;;J- !l 0 .g/_ 0 ~ <ii TRAILS I VOLUME/PA< ~. PORll~ Of f4, SEC. 33. nw>. 23 N., RNG. 5 E., W.M., , KING COONTY, WASHINGTON C'. T REFERENCES: KING COUNTY ASSESSORS MAPS OF SECTION 33, T. 23 N., R. 5 E., W.M. PLAT OF NORTHWEST GARDEN TRACTS DIVISION NO. 6; VOL 46, PG. 100. KING COUNTY DEPARTMENT OF PUBLIC WORKS, SURVEY BRANCH, GEOGRAPHIC INFORMATION SYSTEM, MONUMENT INFORMATION DATABASE. RESIBICTIONS. FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS: (DEDICATION OF A SENSITIVE AREA TRACT / SENSITIVE AREA AND BUFFER CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN TiiE LAND WITHIN THE TRACT / SENSITIVE AREA AND BUFFER. THIS INITREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE HEALTH, SAFETY, AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, AND PROTECTION OF PLANT AND ANIMAL HABITAT. TiiE SENSITIVE AREA TRACT/ SENSITIVE AREA AND BUFFER IMPOSES UPON ALL PRESENT AND FUTURE OVtfiERS ANO OCCUPIERS OF THE LAND SUBJECLlQ_TI:lE.JRACT / SENSITIVE AREA AND BUFFER Tiff OOUGA TION, ENFORCEABLE ON BEHALF OF THE PUBLIC (6Y KING COUNTY.)TO LEA VE UNDISTURBED ALL TREES AND OTil[R \,fGfT.A.TION WITHIN TiiE TRACT / SENSITIVE ARE~THE VEGETATION WITHIN THE i TRACT / SFNS1TIV£ AREA AND BUFFER , RUNED, COVERED BY FILL, REMOVED OR DAMAGED \ WITHOUT APPROVAL IN l'IRITING FROM THE KING COUNTY DE ARTMENT OF DEVELOPMENT AND ENVIRONMENTAL \.. SERVICLS OH I TS SUCCESSOR AGENCY, ,,ESS Olli PROVIDED BY LAW. .· THE COMMON !lOUNDARY BETWEEN TRACT / SENSITIVE AREA AND BUFFER EA OF VELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION F KING COUNTY P R TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION, OR OTHER DEVELOPMENT ACTI BJECT TO THE SENSITIVE ARf A TRACT / SENSITIVE AREA AND BUFFER. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UN 111 ALL DEVELOPMENT PROPOSAL ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA ARE COMPLElED. NO BUILDING FOUNDATIONS ARE ALLOWED BEYOND THE 15-FOOT BUILDING SETBACK LINE, UNUESS OTHERWISE PRDVIDFD IJY LAW. ft.:J,UU /ZO', • • t;;;;al'E ?I PC DETAIL "B" N.T.S. • I IW J,-(/) 0 ,I NW ,....> <(I SEE SHEET 4 OF 6 F~ -±.~~ BASIS OF BEARINGS AND IN CASE WITH LEAD ADDITIONAL CONTROL & TACK, 0.3'± ~ INFORMATION DO\\N, v1SITED 11-21-2005. CALCULATED MEASURED PLAT OF NORlHWEST GARDEN TRACTS DIV. NO. 6 VOLUME 46. PAGE 100. S) KING COUNlY AERIAL SURVEY _ .. (RECORIHNfQRMA:IJON) _ _ SET ST AND ARD IQNC eoot-HY MON. IN CASE (SET AS CONSTRUCTION IS COMPLElED) __..,P SENSITIVE AREA TRACT (SEE NOlE 4, SHEET 2 OF 6) STORM DRAINAGE TRACT (SEE NOlE 5, SHEET 2 OF 6) .S. FILE No. L03P0027 i~S i::=:.1. 22' ® 0 ® @ @) DRIVEWAY TRACT 1,063 SF. 0.024 ·--• (_-_-,) ,y, I ' 8 ui ... -........ _.. (;14 "''I. -/ cs "' ~... (j) / _ LEI.EC. VAULT ESMT ,.,"<-"> 35.26' ?;l-31.95' C3 REC. # , \ S88'49'03"E 67.21' C13 ~'\, C7 -\ I • 13 3,567 SF . 0.081 AC. . lg 8 .s,: • <O "' . ...-~ "" LlS C2 S88'30'24"E I I r I 1 --RADIAC-/ S8910'53"W (NR) 80.92' & 1xxxxx1 4 ;_-_~ i I ~ © I 10,000 SF. / 14 ~ · 0.230 AC. / W• 4,205 SF. 0.097 AC. IXXXXXI 3,600 SF. 0.083 AC. Jxxxxx1 L .... , I S88'49'0J"E 80.15' ..'..._J ~ 8 '!j i...l.} ;r, v~{ -. , 1 1.- •C • i 8 ';I. 3 ,,en --- 3,2os SF. I o • I ,:,~ / 124.32' _ , 0.074 AC. ~ f-<,::,· S8910'53"W 174.05 9. \ __! ";. \ • ") \ f \ 'c, :'\ \II -r" 12 5,548 SF. 0.127 AC. IXXXXXI _ _J ~- ~ ~ :-\ a> 49. 7 3' , :Jl;!? I 0~ :j r:: ..., • f~ (, ) ,.J J_ IXXXXXI f !a'I (.) i! ClO ,.....-10' BUILDING SETBACK ~ l!:l <>-Cll( N8910 53 E 78.74' FROM STORM RETENTION_) I _._<% I ' S88'49'03"E 80.23' I I~ I-~ 5 VAULT TRACT / ·fj:,.,4> I 2 I ~ ~ . r@ 4,~66 SF. ~ 15' BUILDING --/ 4 ~ g,g;! ! I ~ N ~ ~ I 0.093 AC. I f;'! ;,; SETBACK LINE ~ ;,-, a> ~n-~-<()'1 ~\ ,t!Of::;~ A- ~-, !a' .-~ ~ ... 1 1xxxxx, ~ TRACT "c·@/ ~,~ S88'49'03"E 8g_i '° N88'51'06"W 80.00' ~ STORM DRAINAGE & 5l @-i ,.. I );j I I ~ RECREATION TRACT \ .-... ~~- ~ O· CZ... ""· r "' --.. 0 I"") J29.86'(c) -v/' .. - 0 I"") I ..; ... I • 10 I~ I"" -I ~ ..... - 1 3,405 SF. 0.078 AC. 1xxxxx1 55.17' 97.45' 1 ; 17' I 17' ?:i 16 g 10,569 SF. J,4Sg SF. g 0.243 AC. Cl 12.22· -. 0.080 AC. I '!j '\ 1xxxxx1 55~22' S88'51'06"E ~fil~ \ \ I g :::J '-¥GUY ANCHOR EASEMENT@) --~ 7 \ --sa-8·:·os·;--. C c:i:-i:-nETA _l!6.4,}' 254.43' cQ ©b ~ __ ) ---\ 4 -------·--------------__ _j STORM DRAINAGE AND RECREATIONAL TRACT (SEE NOlE 6, SHEET 2 OF 6) JOINT USE DRIVEWAY TRACT (SEE NOlE 7, SHEET 2 OF 6) PRIVA lE ACCESS TRACT (SEE NOlE B, SHEET 2 OF 6) RIGHT Of WAY DEDtCA TION AREAS (SEE NOlE 11, SHEET 2 OF 6) 10' PUBLIC ROAD, STORM, AND UTILITIES EASEMENT (SEE NOlE 18, SHEET 2 OF 6) SE. 184TH ST. .i ·.:i /I 'fj KENNETH R. ANDERSON AND ASSOCIATES. INC. Surv.ylng, Alapplng and Land Planning 1720 South 341st Place, Suite C-4, Federal Way, WA 98003 \ \ \ Telephone: (253) 8311-1199 Fax: (253) 638-8164 E-MaH: lnfoOandersonsurvayars.com ~ 5' POWER EASEMENT ~ ,,,-~~OF6) !' • ~ 7 @; 10 GUY ANOiOR EASEMENT -,. • \., (SEE NOlE 22, SHEET 2 OF 60 ' "'------... •. ~ . --z ._=.,,,:-:-.~-· ,F ~ S.E. 1/4, N.W. 1/4, SEC. 33, T. 23 N., R. 5 E., W.M., SHEET 5 OF 6 JOB# 05-077 eiHt'"E: r ~ cF ~ I • f-- 0 Q._ ::,; a._ "' 0 ;,= "' <D "' 0 0 N '--"' .::::_ "' o> " -0 ui 0 I -0 Q._ "' "' 0 I "' ;3- a, " ,9- ::, I 0 z <( if) I "' '> 0 0 "' "' 0 I ,,., ;3- "' -'-' " ·a ~ a. ,,., 0 0 ~ "' -'-' .!!!, 0 ~ 0.. / <n § !C J'T1 ~ ~ • LINE TABLE LENGTH BEARING 28.18' N8n1'32•w 21.51 S74'26'57"W ~ 20.19' S4218'LG"W u 20.95' < N83'58'33"W L5 14.43' S68'01 '42"W L6 16.98' ""910'30"E L7 3.81' S66'09'35"E L8 7.15' S67'21'32"E L9 10.83' N4218'49"E L10 9.36' N4218'49"E L11 8.61' N68'01 '42"E L12 5.82' N68'01'42"E L13 37.67' S68'49'03"E L14 7.93' S57'26'18"E L15 2.67' N88'49'03"W L16 2.31' S57'26'18"E L17 7.73' L18 15.15' L19 16.65' L20 5.41 L21 9.68' L22 17.26' L23 20.31' L24 12.09' CURVE TABLE CURVE LENGTH RADIUS DELTA Cl 39.49' 25.00' 90"30'36" C2 13.30' 42.00' 18'08'57" C3 · 20.19' 42.00' 2r32•54• C4 20.53' 42.00' 28'00'00" cs 24.57' 42.00' 33"31'17" C6 26.45' 42.00' 36'04'38" C7 27.53' 42.00' 37"3J'31" C8 54.57' 42.oo' 74'26'48" C9 12.63' 25.00' 28'56'Vl0 C10 12.16' 25.00' 27'52'42" C11 8.06' 25.00' 18'28'47" C12 39.05' 25.00' 89'29'24" C13 13.69' 25.00' 31'22'46" C14 13.69' 25.00' 31'22'46" C15 25.48' 42.00' 34•45•10• BENS·ON TRAILS A PORTION OF lHE S.E. 1/4, OF lHE IJJ. l/4, SEC. 33.. TYft. 23 N., RNG. 5 E., W.M., CITY OF RENTON, KING COUNTY, WASHINGTON IIU Qi! ... tlil Im ... "'if" ,--• ... ~ •• 'W -~) ~ (Y' ,~, ,-, I ' ,2 -::::r-,_-_-, SEE DETAIL ,, A" ~, dC--, --·--//\' /\. ' ' ??t:.o l,, •;, r:1,:~ •!., ,, ' ' "'"' "'"'~' (; E ,''le?'"\-......... J:~.: .·,/~ _: 1 .. ,14_~ .·/' --·-:-"" ,' s .:.x LOT 4 LOT 5 2J'77,.~ £. LINE, W. 300', LOT 5 TRACT "A" W. LINE, BONNEVILLE TRANSMISSION RIGHT OF WAY SENSITIVE AREA lRACT 173,052 SF. 3.973 AC. © CLASS II \\£TLAND & 50' BUFFER I 5' BUILD/NG SETBACK LINE l1 l/4 r-11 .s9• 21.03' ILB 10 L4 \.':i L6 v 0"" ,._,, ,._,i ;.._ LOT 5 ___.---io / --·~ ~ ~ / "' LOT 7 a, -~ r I I ~,,-~ d !~-~,,-p,c--., ~ 1--~ . .... ~ "' " --I ...., er i' c:,. · 5 6 7 8 lxxxxxl Sf-il::..E:T 5 Oi-~ .i 40 20 ',.J ---------~ 11 ~ I SCALE IN FEET 0 40 SCALE : 1" = 40' LOT 5 LOT 6 41' ,..,, ;:' "' 0 "' _, -~ -- b 8 0...., z 3' w :z ::, w N88'51'07"E ."-',:::: "' 0 !"' _, ~w 0 ,!; 0 _, z 3' 0.19' WLUME/PAGE 80 LOT 5 LOT 7 C4 20.53' 4" '10' ?J:l'OO'oo· C5 24.57' ' 33'31'17" C6 26.45' 4£.vv ' 36'04'38' C7 27.53' 42.00' 37'33'31' C8 5-4.57' 42.00' 74'76'"'8' C9 1' R3' 25.M' 26'56':vl' C10 12.16' 25.00' 27'52'47' C11 6.06' 25.00' 18'26'47' C12 39.05' 25.00' 89'29'24' C13 13.69' 25.00' 31'22'46' C14 13.69' 25.00' 31'22'46' C15 25.48' 42.00' 34•45'10· LEGEND; (C) CALCULATED (M) MEASURED (P) PLAT OF NORlHllEST GARDEN TRACTS DIV. NO. 6 VOLUME 46. PAGE 100, (KCAS) KING COUNTY AERIAL SURVEY (RECORD INFORM A 110N) ,~--~s1ANg::c;;~~ siN~'ARU1R"1cf"'-----------· © (SEE NOTE 4, SHEET 2 OF 6) ® STORM DRAINAGE TRACT (SEE NOTE 5, SHEET 2 OF 6) ® STORM DRAINAGE AND REalEA TIONAL TRACT (SEE NOTE 6, SHEET 2 OF 6) /'j\ JOINT USE DRIVEWAY TRACT \!/ (SEE NOTE 7, SHEET 2 OF 6) ® PRIVATE ACCESS TRACT (SEE NOTE 8, SHEET 2 OF 6) @ @ RIGHT OF WAY DEDICA llON AREAS (SEE NOTE 11, SHEET 2 OF 6) 10' PUBLIC ROAD, STORM, ANO UTIUTIES EASEMENT (SEE NOTE 18, SHEET 2 OF 6) 5' POllER EASEMENT (SEE NOTE 23, SHEET 2 OF 6) lo' GUY ANCHOR EASEMENT (SEE NOTE 22. SHEET 2 OF 6) ·'":-'•" ,_.,,, 'f" • ~ cP ~ \ ~ 5 ~ fl'\ \ ~ f1"\ ~ ~ ~ (J\ <;?, • • City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: SEPTEMBER 24, 2009 APPLICATION NO: LUA09-111, FP DATE CIRCULATED: SEPTEMBER 10, 2009 APPLICANT: Vikin Bank -Chris Clousin PLANNER: Jan Illian PROJECT TITLE: Sandhu/Benson Trails Final Plat PLAN REVIEWER: Jennifer Hennin SITE AREA: 6.27 acres EXISTING BLDG AREA LOCATION: 12044 SE 1841 h Street PROPOSED BLDG AREA ross I WORK ORDER NO: 78118 SUMMARY OF PROPOSAL: Benson Hill annexation subdivision of 6.27 acres into 16 single-family residential lots. Water and sewer provided by Soos Creek. Storm, road, and detention vault is City of Renton. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Environment Earth Wafer Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources Probable Minor Impacts Probable Major Impacts More Information Necessary /1j.,µe. B. POL/CY-RELATED COMMENTS C. CODE-RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housina Aesthetics LinhtlGlare Recreation Utilities Transnnrfation Public Services HistondCultural Presetvation Airport Environment 10,000 Feet 14,000 Feet Denis Law Mayor September 10, 2009 Johnathan Kurth 1529 Queen Anne Avenue N #216 Seattle, WA 98109 Department of Community & Economic Development Subject: Notice of Complete Application Sandhu/Benson Trails Final Plat, LUA09-lll, FP Dear Mr. Kurth: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7216 if you have any questions. Sincerely, r/)J~~ Jan Illian Project Manager cc: Viking Bank -Attn: Chris Clausing/ Owner(s) Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov City of Renton P enton fanning 0 ... ,v,s,on LAND USE PERMIT sre -,1c;/;ij MASTER APPLICATIONRJ~cc~ow PROPERTY OWNER(S) NAME: ADDRESS: L{ CITY: TELEPHONE NUMBER: APPLICANT (if other than owner) NAME , I I V ( t.tvt COMPANY (if applicable): I ADDRESS: ! CITY: TELEPHONE NUMBER: ZIP: CONT ACT PERSON COMPANY (if applicable): ADDRESS: ('7 Z4 tJe }J -ff I l,, I c1TY ea ct\e zip l('b (D~ ------,'--~---------~----' i TELEPHONE NUMBER AND EMAIL ADDRESS i -z_o(.. -'(C,'\-5 2-tt> t;,Vl.v\l).~ -~"",,.~ e v\"ta:!.ce,,+] C:\DOClJMF-1 \JOHNAT-l\LOCALS-1 \Temp\masterapp.doc • I • PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: )a..,.J.4. 12, c,..,,l:.t:,r/1. T rr A;\<., -AKA PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: [-Z.o'il\ 5e I <pLl.. +-"--5-t- ~ vJc:,,,. qgoS2 KING COUNTY ASSESSOR'S ACCOUNT NUMBER($): (.,Vt<\ (..DE) :_3ic, I Col "fl C. ot>Z.'1'2.- EXISTING LA~ /l.e-s -sP PROPOSED LAND USE(S): ~ c;F EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: nc,+ ~h'c .. Jolc.. PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) J1..C>f-- 0-fJf"~ EXISTING ZONING: ""'-f-CL,",'(1',:.._(.. C,e_ PROPOSED ZONING (if applicable): NA SITE AREA (in square feet): 4/J, 3n + 1t1,7~3 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: AJA SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: NA PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) /JA NUMBER OF PROPOSED LOTS (if applicable) {~ NUMBER OF NEW DWELLING UNITS (if applicable): {& 06/09 -\_ I )JECT INFORMATION (con ued) ,:....::...::....:_...1..::.-=:..:.:____.::-=-=:.L_-------------, NUMBER OF EXISTING DWELLING UNITS (if applicable): NA I SQUARE FOOTAGE OF PROPOSED RESIDENTIAL , BUILDINGS (if applicable):;{/ A SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): ;VA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): !VA: SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): ;JA NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): (',lit -. - PROJECT VALUE: IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): D AQUIFIER PROTECTION AREA ONE D AQUIFIER PROTECTION AREA TWO D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION D SHORELINE STREAMS & LAKES D WETLANDS ___ sq. ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. LEGAL DESCRIPTION OF PROPERTY (Attach le i SITUATE IN THE /IJW QUARTER OF SECTION _11, TOWNSHIP il, RANGE ~IN THE CITY OF RENTON, KING COUNTY, WASHINGTON TYPE OF APPLICATION & FEES List all land use applications being applied for: ..::.1·::::, 1. 2. 3. 4. Staff will calculate applicable fees and postage: $ ------ AFFIDAVIT OF OWNERSHIP l. (Print Name/s) ,--~)..c;~~Jy~~'---,.b~!:1~~-,-,---~~' declare under penalty of perjury under the laws of the State of Washington that I am please chec ne) __ the c ent owner of the property involved in this application or_ the authorized representative to act for a corporation (please attach pr f of aut oriza · ) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and corr best nowledge and belief. h /J I certify that I know or have satisfactory evidence that \.Jl\\~ · Jq,ltzr · / signed this instrum and acknowledge it to be ·sther/their free arid voluntary _,,,,,,,,.. act for the uses an p rpo s ention • the strument. (Signa ure of Ow r/Represent (Signature of Owner/Representative) (':\DOCUM[-! 'JOI !NA T-1 \LOCALS-1\Temp\masterapp.doc -2 - Benson Trails Subdivision (aka Sandhu) Plated & Built in Kin~ County 12044 Southeast 1841 St Renton Wa Response to Completion of Final Plat Conditions • City of R PJannJn enton g Division 1. Completed and implemented into Final Plat Docs by Surveyor -Ken Anderson 2. Signature Block put there -waiting final approval to sign 3. Done & verified by our surveyor 4. Built per King County Approved Engineering Plans 5. County Review & Approved Plans 6. Complied & Implemented 7. Complied & Implemented 8. Complied & Implemented 9. Surveyor is showing Utilities in the necessary right-of-ways 10. Paid Applicant Fee's 11. Will Comply with 12. No Planter Island is being installed 13. Complied 14. Complied 15. Complied 16. Installed Park area 17. Complied 18. We are deferring during house construction 19. Complied 20. Complied • • OFFICE OF THE HEARING EXAMINER REPORT AND DECISION KING COUNTY, WASHINGTON 400 Yesler Way, Room 404 Seattle, Washington 98104 Telephone (206) 296-4660 Facsimile (206) 296-1654 C .. June 10, 2005 l~V Of. D1 Rr.,IJt ' Annin ~ 0,., ,01•,. ., •. -'IV1·s· ·. ion ,, /" SUBJECT: Department of Development and Environmental Services File No. L03P0027 Proposed Ordinance No. 2005-0199 SANDHU SUBDIVISION Preliminary Plat Application Location: On the north side of Southeast 184th Street (12044 Southeast 184th Street), approximately 300 feet east of the intersection with !20th Avenue Southeast Applicant: Kulwant Sandhu, represented by Aleanna Kondelis Cramer Northwest, Inc. 94 5 North Central, Suite I 04 Kent, Washington 98032 Telephone: (253) 852-4880 King County: Department of Development and Environmental Services, represented by Trishah Bull 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 Telephone: (206) 296-6758 Facsimile: (206) 296-7051 SUMMARY OF DECISION/RECOMMENDATIONS: Department's Preliminary Recommendation: Department's Final Recommendation: Examiner's Decision: EXAMINER PROCEEDINGS: Hearing Opened: Hearing Continued Administratively: Hearing Closed: Approve, with conditions Approve, with conditions Approve, with conditions May 12, 2005 May 12, 2005 May 24, 2005 Participants at the public hearing and the exhibits offered and entered are listed in the attached minutes. A verbatim recording of the hearing is available in the office of the King County Hearing Examiner. ' L03P0027~Sandhu FINDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: I. General Information: Owner/Developer: Engineer: STR: Kulwant Sandhu 13989 SE 159"' Place Renton, WA 98058 425-269-7270 Cramer Northwest Inc. 945 N Central, Suite I 04 Kent, WA 98032 253-852-4880 NW-33-23-05 2 Location: The site is located at 12044 SE 184th Street, approximately 300 feet east of the SE 184th Street and !20th Avenue SE intersection. Zoning: Acreage: Number of Lots: R-6-SO 6.27 16 Density: 2.6 units per acre Lot Size: Average size is approximately 3,500 square feet. Proposed Use: Single-family detached dwellings Sewage Disposal: Soos Creek Water & Sewer Water Supply: Soos Creek Water & Sewer Fire District: King County Fire District No. 40 School District: Renton School District No. 403 Application Completeness Date: November 17, 2003 2. Except as modified herein, the facts set forth in the DDES reports to the Examiner and the DDES and King County Department of Transportation testimony are found to be correct and are incorporated herein by reference. 3. The Applicant filed a preliminary plat application to subdivide 6.27 acres into 16 lots for detached single-family dwellings in the R-6-SO zone, as well as a significant amount of open space and critical area tracts. The average lot area is approximately 3,500 square feet. The odd- shaped property fronts the north side of Southeast 184th Street and has terrain which consists of a very gentle to near-flat slope from the northwest to the south and southeast. The east half of the site is encumbered by a diagonally-running Bonneville Power Administration (BP A) transmission line easement, and also has a significant area of wetlands. The wetlands extend westerly into the northwest portion of the site and to a small degree to the southwest portion of the site fronting Southeast 184th Street. The vicinity of the site is developed with single-family residences on a wide range of lot and parcel sizes, except for the aforementioned BP A transmission line corridor. L03P0027~Sandhu 3 4. Access to the interior of the subdivision and the development lots will be provided by the extension of a short cul-de-sac road northerly from Southeast 184th Street and then curving northeast to terminate in a bulb in the northeast portion of the development area (which is the southwest quarter of the overall property). Development drainage is subject to the Modified Level I Flow Control and Basic water quality standards of the Surface Water Design Manual. Runoff will be conveyed via a biofiltration swale to a two-cell detention pond and then released at controlled rates into the downstream system. 5. As made subject to a condition herein, the off site pedestrian routes to the public schools which resident schoolchildren would attend (to the pertinent bus stop for middle schoolers) will have sufficiently safe walkway conditions. CONCLUSIONS: 1. The proposed subdivision, as conditioned below, would conform to applicable land use controls. In particular, the proposed type of development and overall density are specifically permitted under the R-6-SO zone. 2. If approved subject to the conditions below, the proposed subdivision will make appropriate provisions for the topical items enumerated within RCW 58.17.110, and will serve the public health, safety and welfare, and the public use and interest. 3. The conditions for final plat approval set forth below are reasonable requirements and in the public interest. 4. The dedications ofland or easements within and adjacent to the proposed plat, as shown on the revised preliminary plat submitted on December 8, 2004, or as required for final plat approval, are reasonable and necessary as a direct result of the development of this proposed plat, and are proportionate to the impacts of the development. DECISION: The preliminary plat of the Sandhu subdivision, as revised and received December 8, 2004, is approved subject to the following conditions of final plat approval: 1. 2. 3. /4. Compliance with all platting provisions of Title 19A of the King County Code. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. The plat shall comply with the density requirements of the R-6-SO zone classification. All lots shall meet the minimum dimensional requirements of the R-6-SO zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environmental Services. All constnu:t(on and upgrading of public and private roads shall be done in accordance with the J9ng""County R'jlad Standards established and adopted by Ordinance No. 11187, as amended e~, .... ~-- ~S.0_3.P0027~Sandhu 4 . The applicant shall obtain documentation by the King County Fire Protection Engineer certifying compliance with the fire flow standards of Chapter 17 .08 of the King County Code. 6. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location oflots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. ./ a. , Drainage plans and analysis shall comply with the l 99..§)0ng County Surface Water Design Manual and applicable updates adopted by!Giig County. DOES approval of the drainage and roadway plans is required prior to any construction. Current standard plan notes and ESC notes, as established by DOES Engineering Review, shall be shown on the engineering plans. The following note shall be shown on the final recorded plat: ---~-··--.. ~--------··------·,..----~---........ .., ··+----~,--,-----·-·------All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings# on file with DDES and/or the King County Department of Transportation. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." ) t· ··--··-------· .. --.. " -·····---""--------···--··-..... ,.-·--.. . . . · d.: [ · The drainage evaluation for this project has identified a downstream capacity problem _,,.. \,.. along a stream corridor which contributes to localized flooding problems approximately / e. / f. 500 feet downstream from the plat. To mitigate potential drainage problems, storm water facilities shall be designed using the modified level one criteria as specified in the drainage manual, which detains storm water for the I 0-year storm and limits the release of peak flow rates based upon the downstream capacity. The design criteria for the modified level one standard is summarized in the drainage manual on page 1-26 and shall be implemented during review of the final engineering plans. Drainage facilities shall also include designs for water quality treatment using standards for the basic protection menu as outlined in the drainage manual. If wet ponds are utilized for water quality treatment, the pond configurations may require modification to a rectangular shape to achieve the 3:1 flow path required by the drainage manual. To accommodate the required detention storage volumes and water quality facilities, the size of the proposed drainage tracts may need to increase. All runoff control facilities shall be located in separate tracts and be dedicated to King County unless portions of the drainage tract are used for recreation space in accordance with KCC 21A.14.180. Storm water facilities shall be designed to address any proposed on-site bypass of storm water as described on page 1-36 and 3-52 in the drainage manual. L03P0027---Sandhu 5 g. The proposed drainage facility within Tract B is located in the Bonneville Transmission Line right-of-way. Prior to engineering plan approval; the applicant shall provide correspondence and/or permits from Bonneville indicating approval for locating and constructing the drainage facility. h. As required by Special Requirement No. 2 in the drainage manual, the I 00-year floodplain boundaries for the onsite wetlands shall be shown on the final engineering plans and recorded plat. 1. The final drainage plan shall be reviewed for compliance with the setback requirements from sensitive areas. As specified in KCC 21A.24.200, structures shall be set back a distance of 15 feet from the edge of sensitive area buffers. Compliance with the setback design standards may require modifications and/or relocation of the proposed drainage facility within Tracts A and B. The current conceptual drainage plan shows concrete retaining walls within the setback which is not allowed by County code. J. A permit from the Washington State Fisheries Department may be required for roadway improvements along the property frontage which may impact wetlands and/or streams. Any required permits shall be submitted to King County prior to engineering plan approval. 7. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) including the following requirements: a. SE 184th Street shall be improved as an urban neighborhood collector along the plat frontage. The improvements shall include curb, gutter, and sidewalk along the north side of the roadway with the curb located at 16 feet from road centerline. b. The onsite cul-de-sac shall be improved as an urban minor access street. c. Due to previous grading work within the site, the applicant shall demonstrate to the satisfaction of King County that the proposed roadways are constructed on suitable soils with subgrade compaction in accordance with County standards. Lot grading shall also be evaluated to assure that building sites are properly prepared for future home construction. d. The proposed road improvements shall address the requirements for road surfacing outlined in KCRS Chapter 4. As noted in section 4.0IF, a full width pavement overlay is required where widening existing asphalt. e. Street trees shall be included in the design of all road improvements, and shall comply with Section 5.03 of the KCRS. f. SE 184'h Street is designated a neighborhood collector street which may require designs for bus zones and tum outs. As specified in KCRS 2.16, the designer shall contact Metro and the local school district to determine any specific requirements. g. Modifications to the above road conditions may be considered by King County pursuant to the variance procedures in KCRS 1.08. L03P0027~Sandhu 6 8. SCHOOL WALKWAY: To provide a safe walkway for school-age pedestrians, the Applicant shall improve Southeast 184th Street from the frontage to the school bus 'pick-up' location at the intersection of Southeast 184'h/1201h Avenue SE. At the intersection of Southeast 184th Street/120th Avenue SE, a widened paved 'pad' shall be provided for those students. This off-frontage improvement shall consist of one of the following: a. A minimum five (5) foot wide paved walkway-separated from the existing roadway pavement edge by a four (4) foot wide gravel shoulder, or b. A full-width eight (8) foot wide paved shoulder delineated by a white edge line stripe, or c. Full urban improvements (i.e. concrete curb, gutter and 5-foot wide concrete sidewalk). The Applicant may choose to share costs of9.c. above with the developer of the proposed plat of"Goss" (DDES File #L05P0001) and/or, the developer of the proposed plat located at the northwest comer of the intersection of 1z4<h Avenue SE/Southeast 184 1h Street (DOES pre-application File #A05PM102), provided the curb line shall be set at 16- feet north of the right-of-way centerline, the roadway widened with a full roadway pavement section, and the existing roadway pavement overlaid or reconstructed as required by the requirements of KCRS 4.01. (RCW 58.17.110) These off-site improvements will not be required if the school district decides in its future plan to provide bus pick up location at the plat entrance or any other location in the vicinity of the site and transport the elementary school kids to and from school by bus. If the pick up location is not at the plat entrance, then a safe pedestrian walkway from the site to the bus pick up location shall be provided. To implement the above condition, the Applicant shall submit detailed engineering plans for the required walkway and other directly-related roadway work for review and approval by King County DOT and King County DOES. 9. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. 10. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (I) pay the MPS fee at final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. 11. Lots within this subdivision are subject to King County Code 2 lA.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of frnal approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. L03P0027~Sandhu 7 12. The planter islands (if any) within the cul-de-sacs shall be maintained by the abutting lot owners or homeowners association. This shall be stated on the face of the final plat. 13. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in KCC 21A.24. Permanent survey marking and signs as specified in KCC 21A.24.160 shall also be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers ( e.g., with bright orange construction fencing) shall be placed on the site and shall remain in place until all construction activities are completed. 14. Preliminary plat review has identified the following specific requirements which apply to this project. All other applicable requirements from KCC 21A.24 shall also be addressed by the applicant. Wetlands a. Class 2 wetland(s) shall have a minimum buffer of 50 feet, measured from the wetland edge. b. The wetland(s) and their respective buffers shall be placed in a Sensitive Area Tract (SAT). c. Buffer averaging may be proposed, pursuant to KCC 2 lA.24.320,-provided the total amount of the buffer area is not reduced and better resource protection is achieved,subject to review and approval by a DDES Senior Ecologist. d. A minimum building setback line of 15 feet shall be required from the edge of the tract. e. Split-rail fence shall be installed along the wetland buffers. 15. The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tract/sensitive area and buffer conveys to the public a beneficial interest in the land within the tract/sensitive area and buffer. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The sensitive area tract/sensitive area and buffer imposes upon all present and future owners and occupiers of the land subject to the tract/sensitive area and buffer the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the tract/sensitive area and buffer. The vegetation within the tract/sensitive area and buffer may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by law. The common boundary between the tract/sensitive area and buffer and the area of development activity must be marked or otherwise flagged to the satisfaction of King County prior to any clearing, grading, building construction or other development activity on a lot subject to the sensitive area tract/sensitive area and buffer. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area are completed. No building foundations are allowed beyond the required 15-foot building setback line, unless L03P0027~Sandhu 8 otheiwise provided by law. 16. Suitable recreation space shall be provided consistent with the requirements ofKCC 2 lA.14.180 and KCC 21A.14.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches, etc.). a. A detailed recreation space plan (i.e. area calculations, dimensions, landscape specifications, equipment specifications, etc.) shall be submitted for review and approval by DDES and King County Parks prior to or concurrent with the submittal of the engineering plan. This plan must not conflict with the Significant Tree Inventory & Mitigation Plan. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. 17. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). 18. Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. c. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. e. The species of trees shall be approved by DDES iflocated within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. g. The applicant shall contact Metro Service Planning at 684-1622 to determine if SE !84fu Street is on a bus route. If SE l 84'h Street is a bus route, the street tree plan shall also be reviewed by Metro. h. The street trees must be installed and inspected, or a performance bond posted prior to L03P0027--Sandhu 9 recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. 1. A landscape inspection fee shall also be submitted prior to plat recording. The inspection fee is subject to change based on the current County fees. 19. Areas used as regional utility corridors shall be contained in separate tracts and meet the setback requirements of King County Code 21A.12. l 40 -Setbacks from regional utility corridors. 20. Significant Trees, S0-220. This development condition requires the applicant to retain a percentage of existing significant trees on-site. The applicant is exempt from this requirement per KCC 21A.38.23.B.h., which states: Project sites with 25 percent or greater of the total gross site area in sensitive areas, sensitive area buffers and other areas to be left undisturbed such as wildlife corridors, shall be exempt from the significant tree retention requirements of this chapter. ORDERED this 10th day of June, 2005. Peter T. Donahue, Deputy King County Hearing Examiner TRANSMITTED this 10th day of June, 2005, to the following parties and interested persons ofrecord: Helen Arendall K.E. & Marjorie Eilers Ivana Halvorsen 18202-120thAve. SE 18260 !20th Ave. SE Barghausen Consulting Renton WA 98058 Renton WA 9805 8 18215 -72nd Ave. S. Kent WA 98032 Charles Hooper Aleanna Kondelis Frank G. Lattanzio 18207 -124th Ave. SE Cramer Northwest, Inc. 18211 -!24th Ave. SE Renton WA 98058 945 N. Central, Ste. 104 Renton WA 98058 Kent WA 98032 Rebecca Lind Rick Lowe Guy E. Mondale City of Renton 12255 SE 184th St. 12037 SE 184th St. I 055 S Grady Way Renton WA 98058 Renton WA 98058 Renton WA 98055 Michael & Sandra Nelson Kulwant Sandhu Seattle KC Health Dept. 18613 !24th Ave. SE 13989 SE 159th Pl. E. Dist. Environ. Health Renton WA 98058 Renton WA 98058 14350 SE Eastgate Way Bellevue WA 98007 L03P0027~Sandhu Mark Stiefel 22312-I 13th Avenue SE Kent WA 98031-2651 Kim Claussen DDES/LUSD Current Planning MS OAK-DE-0100 Nick Gillen DDES/LUSD Site Development Services MS OAK-DE-0100 Steve Townsend DDES/LUSD Land Use Inspections MS OAK-DE-0100 Gregg Zimmerman City of Renton 1055 S Grady Way Renton WA 98055 Lisa Dinsmore DDES/LUSD MS OAK-DE-0100 Kris Langley Traffic Review DDES/LUSD MS OAK-DE-0100 Larry West DDES/LUSD Geo Review MS OAK-DE-0100 NOTICE OF RIGHT TO APPEAL • Trishah Bull DDES/CPLN Current Planning Section MS OAK-DE-0100 Peter Dye DDES/LUSD Engineering Review MS OAK-DE-0100 Carol Rogers DDES/LUSD MS OAK-DE-0100 10 In order to appeal the decision of the Examiner, written notice of appeal must be filed with the Clerk of the King County Council with a fee of$250.00 (check payable to King County Office of Finance) on or before June 24, 2005. If a notice of appeal is filed, the original and six ( 6) copies of a written appeal statement specifying the basis for the appeal and argument in support of the appeal must be filed with the Clerk of the King County Council on or before July], 2005. Appeal statements may refer only to facts contained in the hearing record; new facts may not be presented on appeal. Filing requires actual delivery to the Office of the Clerk of the Council, Room I 025, King County Courthouse, 516 3'd Avenue, Seattle, Washington 98104, prior to the close of business (4:30 p.m.) on the date due. Prior mailing is not sufficient if actual receipt by the Clerk does not occur within the applicable time period. The Examiner does not have authority to extend the time period unless the Office of the Clerk is not open on the specified closing date, in which event delivery prior to the close of business on the next business day is sufficient to meet the filing requirement. If a written notice of appeal and filing fee are not filed within fourteen (14) calendar days of the date of this report, or if a written appeal statement and argument are not filed within twenty-one (21) calendar days of the date of this report, the decision of the hearing examiner contained herein shall be the final decision of King County without the need for further action by the Council. MINUTES OF THE MAY 12, 2005, PUBLIC HEARING ON DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES FILE NO. L03P0027. Peter T. Donahue was the Hearing Examiner in this matter. Participating in the hearing were Trishah Bull, Peter Dye and Kris Langley, representing the Department; Aleanoa Kondelis, representing the Applicant; and Ms. Eilers. ' E-0100 OFFICE OF THE HEARING EXAMINER KING COUNTY, WASIDNGTON 400 Yesler Way, Room404 Seattle, Washington 98104 Telephone (206) 296-4660 Facsimile (206) 296-1654 April 22, 2005 NOTICE OF HEARING SUBJECT: Department of Development and Environmental Services File No. L03P0027 Proposed Ordinance no. 2005-0199 Location: Applicant: SANDHU SUBDIVISION Preliminary Plat Application 12044 Southeast 184th Street, approximately 300 feet east of the Southeast 184th Street and 120th Avenue Southeast intersection Kulwant Sandhu, represented by Ivana Halvorsen Barghausen Consulting Engineers, Inc. 18215 -72nd Avenue South Kent, Washington 98032 Telephone: (425) 251-6222 Facsimile: (425) 251-8782 King County: Department of Development and Environmental Services, represented by Trishah Bull 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 Telephone: (206) 296-6758 Facsimile: (206) 296-7051 A public hearing has been scheduled on this proposal for 1 :30 p.m. on May 12, 2005, in the Department of Development and Environmental Services Hearing Room, 900 Oakesdale Avenue SW, Renton, Washington. A pre-hearing conference may be requested by any party prior to April 29, 2005. ("Parties" include the applicant, property owner and responsible County agency. Other persons likely to be directly and substantially affected by County action on this proposal may request "party" status by submitting an intervenor petition to the Hearing Examiner.) Hearing Examiner Rule Vill, which is included with this notice, governs pre-hearing conferences. If you are a party to this proceeding and believe a pre-hearing conference should be held prior to the public hearing, submit your written request with specific reasons in support thereof to the King County Hearing Examiner. ... FILE coPy: l MAI" (!/!) L03P0027-Sandhu Subdivision 2 To promote efficiency in the conduct of hearings and to eliminate surprise, pre-hearing exchange of information is encouraged by the Rules of Procedure. Any person is entitled to receive, at cost, copies of documents in the County file. Application may also be made to the Examiner to direct exchange of other significant information by any person or agency. Mediation of disputes is available pursuant to King County Code Section 20.24.330 and Rules of Mediation. Please contact the Office of the Hearing Examiner if you need a copy of the Rules of Procedure or Rules of Mediation, or obtain the Rules by visiting our web site at www.metrokc.gov/mkcc/hearin ORDERED this 22nd day of April, 2005 .. King County Hearing Examiner TRANSMITTED this 22nd day of April, 2005, to the following parties and interested persons: Helen Arendall Ivana Halvorsen Charles Hooper 18202 -120th Ave. SE Barghausen Consulting 18207 -124th Ave. SE Renton WA 98058 18215 -72nd Ave. S. Renton WA 98058 Kent WA 98032 Frank G. Lattanzio Rebecca Lind Rick Lowe 18211 -124th Ave. SE City of Renton 12255 SE 184th St. Renton WA 98058 1055 S Grady Way Renton WA 98058 Renton WA 98055 Guy E. Mondale Michael & Sandra Nelson Kulwant Sandhu 12037 SE 184th St. 18613 124th Ave. SE 13989 SE 159th Pl. Renton WA 98058 Renton WA 98058 Renton WA 98058 Seattle KC Health Dept. Mark Stiefel Gregg Zinunerman E. Dist. Environ. Health 22312-113thAvenueSE City of Renton 14350 SE Eastgate Way Kent WA 98031-2651 1055 S Grady Way Bellevue WA 98007 Renton WA 98055 Trishah Bull Kirn Claussen Lisa Dinsmore DDES/CPLN DDES/LUSD DDES/LUSD Current Planning Section Current Planning MS OAK-DE-0100 MS OAK-DE-0100 MS OAK-DE-0100 Peter Dye Nick Gillen Kris Langley DDES/LUSD DDES/LUSD Traffic Review DDES/LUSD Engineering Review Site Development Services MS OAK-DE-0100 MS OAK-DE-0100 MS OAK-DE-0100 Carol Rogers Steve Townsend Larry West DDES/LUSD DDES/LUSD DDES/LUSD MS OAK-DE-0100 Land Use Inspections Geo Review MS OAK-DE-0100 MS OAK-DE-0100 ' I L03P0027-Sandhu Subdivision 3 NOTE: If the Renton School District announces a district-wide school closure due to adverse weather conditions or similar area emergency, the public hearing on this matter will be postponed. Parties of record will be notified of the time and date of the rescheduled hearing. Any questions regarding postponements and rescheduling can be directed to the Hearing Examiner's Office at (206) 296-4660. Sign language and communication material in alternate formats can be arranged given sufficient notice at SLS:gao L03P0027 NOT Attachment 296-1000 (TDD number 296-1024). ---••••• •••• •.:.:.:.• RULES OF PROCEDURE OF THE KING COUNTY HEARING EXAMINER Rule VIII. PRE-HEARING CONFERENCES A. Purpose and Initiation Pre-hearing conferences promote efficient case management by providing an informal process for early identification of issues and resolution of procedural matters in complex cases. Evidence generally will not be received at a pre-hearing conference, except when required in order for the examiner to rule on a motion. (Pre-marking and introduction of exhibits to which there is no objection may occur at the discretion of the examiner.) The examiner. on motion of any party or upon his/her own motion, may convene a pre-hearing conference to: I. Identify, clarify, limit or simplify issues. 2. Hear and consider pre-hearing motions. 3. Schedule hearings, identify parties and witnesses, determine the order of and limits upon testimony, obtain stipulations as to facts and law, identify and admit exhibits, order discovery, and consider and act upon any other matter which may aid in the efficient disposition of the hearing. B. Requests for Conference A motion to convene a pre-hearing conference shall be made to the examiner as soon as the need for a conference is recognized by the moving party (at least 21 days prior to the scheduled hearing date), and shall state the reasons for the request, including any motions to be presented. For good cause stated in the motion, the examiner may consider a request that fails to meet the 21-day requirement. For hearings authorized under KCC 20.24.080, a motion by any party for a pre-hearing conference shall be granted if timely. However, unless consented to by all parties or otherwise ordered for good cause by the examiner, no pre-hearing conference on an appeal can be convened later than 45 days after receipt of the statement of appeal by the hearing examiner's office. C. Proceedings at Conference A party who has received timely notice of a pre-hearing conference shall identify at the conference any pre-hearing motions not previously made which he/she intends to make. Parties or interested persons may also file timely written pre-hearing motions for consideration at the pre-hearing conference. Failure to make or disclose a motion which was available to the party at the time of the conference may be grounds for its denial if subsequently made. D. Pre-bearing Order Following a pre-hearing conference, the examiner shall issue an order specifying all items determined at the conference. The order shall be binding upon all parties and interested persons who received timely notice of the conference. Revised March 3 I, I 99 5 • ·-• • DIRECTIONS TO ODES HEARING ROOM 900 OAKESDALE AVE SW, RENTON SOUTHBOUND 1-5 EXIT 157 -Martin Luther King Way Tum RIGHT onto 68" Ave. S. 68'" Ave. S. becomes MONSTER RD. SW Monster Rd. turns into OAKESDALE AVE SW DOES is on your left (building 900) SOUTHBOUND 1-405 EXIT 2 to WA-167/Aubum/Rainier Ave. • Follow to SR-167 (Valley Fwy.) north • LEFT onto SW Grady Way • RIGHT onto Oakesdale Ave. SW DOES is on your right (building 900) NORTHBOUND 1-405 • EXIT I to Interurban Ave. S/West Valley Hwy NORTHBOUND 1-5 • LEFT at light at ramp bottom (north under 1-405) • • EXIT 154 to 1-405/WA-518/Burien/Renton Stay right to 1-405/Renton/Bellevue 1-405 EXIT I to W A-181/W. Valley Hwy. LEFT onto W. Valley Hwy/SR 181 RIGHT onto East Grady Way LEFT onto Oakesdale Ave. SW DOES is on your right (building 900) NORTHBOUND SR 167 • • • Northbound under the J-405 overpass LEFT at SW 7" St. (2 00 light) LEFT onto Oakesdale Ave. SW DOES is on your left (building 900) • RIGHT onto SW Grady Way • LEFT onto Oakesdale Ave. SW DOES is on your right (building 900) SW irnSTREET SWGAADYWAY s -E G:\working\Misc\Hex\DDES directions.doc City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 '' 1r;; _'(J) 1. Gross area of property: -;,·cf 1. 'lr?J, /2--/ square feet 2. Deductions: Certain areas are excluded from density calculations. -;:_ tp.27C'tc These include: Public streets·· Private access easements·· Critical Areas* Total excluded area: 3. Subtract line 2from line 1 for net area: 4. Divide line 3 by 43,560 for net acreage: 5. Number of dwelling units or lots planned: 6. Divide line 5 by line 4 for net density: ____ square feet ____ square feet ____ square feet 2. ______ square feet 3. ______ square feet 4. ______ acres 5. ______ units/lots 6. ____ = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. •• Alleys (public or private) do not have to be excluded. R: \PW\D E VSER V\fonns\?lanni ng\density .doc Last updated: 11/08/2004 Gmail -Mailbox location http:/ Imai l .google.com/mai 1/?ui ~2&i k~2ebf34ed8 l &view~pt&searc ... l of l • • Johnathan Kurth <johnathan.kurth@gmail.com> Mailbox location Hansen, Jeffery P -Renton, WA <Jeffery.P.Hansen@usps.gov> To: "johnathan. kurth@gmail.com" <johnathan. kurth@gmail.com> Thu, Sep 3, 2009 at 11 :18 AM Just a note to confirm our conversation about mailbox location at the new houses at 12044 SE 184th ST. That location is fine and we will install our locks when you call to confirm that the box is up. Thank You, Jeff Hansen 425 255-6389 (-.Jf:.P ·-,1 ,, 9/3/2009 1 l :59 AM • • MAP CKS 20091707.txt Parcel name: Boundary North: 163243.8912 East : 1307734.6552 Line Course: S 15-24-08.1 E Length: 607.020 North: 162658.6723 East: 1307895.8760 Line Course: N 88-51-05.7 W Length: 603.978 North: 162670. 7774 East : 1307292.0193 Line Course: N 00-44-54.7 E Length: 281.926 North: 162952.6794 East : 1 307295. 7024 Line Course: S 88-51-06.7 E Length: 0.190 North: 162952.6756 East: 1307295.8924 Line Course: N 00-45-21. 7 E Length: 149.967 North: 163102.6295 East: 1307297.8711 Line Course: S 88-51-11.4 E Length: 21 7 .630 North: 163098.273 7 East : 1 307515.4575 Line Course: N 1 5-24-08.1 W Length: 1 56.450 North: 163249.1048 East: 1307473.9054 Line Course: S 88-51-17.0 E Length: 260.801 North: 163243.8921 East: 1307734.6543 Perimeter: 2277.963 Area: 272,870 SQ.FT. 6.264 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0012 Course: N 46-11-51.5 W Error North: 0.00086 East : -0.00090 Precision 1: 1,898,301.667 Parcel name: Lot 01 North: 162713.2257 East: 1307372.8851 Line Course: S 00-38-18.3 W Length: 18.839 North: 162694.3879 East: 1307372.6752 Curve Length: 39.492 Radius: 25.000 Delta: 90-30-36.0 Tangent: 25.224 Chord: 35.512 Course: S 45-53-36.3 W Course In: N 89-21-41.7 W Course Out: S 01-08-54.3 W RP North: 162694.6664 East: 1307347.6768 End North: 162669.6715 East: 1307347.1757 Line Course: N 88-51-05.7W Length: 55.167 North: 162670.7771 East: 1307292.0198 Line Course: N 00-44-54. 7 E Length: 44.11 0 Page 1 MAP CKS 20091707.txt North: 162714.8834 East: 1307292.5961 Line Course: S 88-49-03.2 E Length: 80.307 North: 162713.2262 East: 1307372.8860 Perimeter: 237.915 Area: 3,405 SQ.FT. 0.078 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0009 Course: N 61-52-57.5 E Error North: 0.00044 East : 0.00081 Precision 1: 264,350.000 Parcel name: Lot 02 North: 162753.2250 East: 1307373.3308 Line Course: S 00-38-18.3 W Length: 40.002 North: 162713.2255 East: 1307372.8851 Line Course: N 88-49-03.2 W Length: 80.307 North: 162714.8827 East: 1307292.5952 Line Course: N 00-44-54. 7 E Length: 40.001 North: 162754.8803 East: 1307293.1178 Line Course: S 88-49-03.2 E Length: 80.230 North: 162753.2247 East: 1307373.3307 Perimeter: 240.539 Area: 3,211 SQ.FT. 0.074 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0004 Course: S 20-19-10.1 W Error North: -0.00034 East: -0.00013 Precision 1: 601,350.000 Parcel name: Lot 03 North: 162793.2244 East: 1307373.7766 Line Course: 5 00-38-1 8.3 W Length: 40.002 North: 162753.2248 East: 1307373.3308 Line Course: N 88-49-03.2 W Length: 80.230 North: 162754.8805 East: 1307293.1179 Line Course: N 00-44-54.7 E Length: 40.001 North: 162794.8781 East: 1307293.6405 Line Course: S 88-49-03.2 E Length: 80.1 53 North: 162793.2240 East: 1307373.7764 Page 2 • MAP CKS 20091707.txt Perimeter: 240.386 Area: 3,208 SQ.FT. 0.074 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0004 Course: S 20-19-10.1 W Error North: -0.00034 East : -0.0001 3 Precision l: 600,965.000 Parcel name: Lot 04 North: 162833.3222 East: l 307376.3131 Curve Length: 13.304 Radius: 42.000 Delta: 18-08-57.7 Tangent: 6.708 Chord: l 3 .249 Course: S 09-42-46.6 W Course In: S 71-12-44.6 E Course Out: N 89-21-42.3 W RP North: 162819.7956 East: 1307416.0752 End North: l 62820.2635 East: 1307374.0779 Line Course: S 00-38-18.3 W Length: 27.041 North: 162793.224 l East: 1307373.7766 Line Course: N 88-49-03.2 W Length: 80.1 53 North: l 62794.8782 East: l 307293.6406 Line Course: N 00-44-54.7 E Length: 45.001 North: 162839.8753 East: l 307294.2285 Line Course: S 88-49-03.2 E Length: 67.214 North: l 62838.4883 East: 1307361.4282 Curve Length: 13.692 Radius: 25.000 Delta: 31-22-45.5 Tangent: 7.022 Chord: 13.521 Course: S 73-07-40.5 E Course In: S 01-10-56.8 W Course Out: N 32-33-42.3 E RP North: 162813.4936 East: l 307360.9123 End North: 162834.5639 East: 1307374.3675 Line Course: S 57-26-17.7 E Length: 2.308 North: 16283 3.321 7 East : 1307376.3127 Perimeter: 248.713 Area: 3,600 SQ.FT. 0.083 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0005 Course: S 38-33-34.7 W Error North: -0.00042 East: -0.00034 Precision l: 497,426.000 Parcel name: Lot 05 Page 3 MAP CKS 20091707.txt North: 162949.5050 East: 1307331.1938 Line Course: S 00-53-16.7 W Length: 110.370 North: 162839.1482 East : 1307329.4833 Line Course: N 88-49-03.2 W Length: 35.262 North: 162839.8759 East: 1307294.2288 Line Course: N 00-44-54.7 E Length: 112.813 North: 162952.6793 East: 1307295.7026 Line Course: S 88-51-06. 7 E Length: 0.1 90 North: 162952.6755 East: 1307295.8926 Line Course: N 00-45-21.7 E Length: 7.939 North: 162960.6138 East: 1307295.9973 Line Course: S 72-28-59.5 E Length: 36.908 North: 162949.5050 East: 1307331.1939 Perimeter: 303.482 Area: 4,091 SQ.FT. 0.094 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0001 Course: N 72-39-35.3 E Error North: 0.00003 East: 0.00008 Precision 1: 3,034,820.000 Parcel name: Lot 06 North: 162944.1450 East: 1307366.1149 Line Course: S 00-53-16.7 W Length: 85.732 North: 162858.4233 East: 1307364.7863 Line Course: N 88-49-03.2 W Length: 35.000 North: 162859.1456 East: 1307329.7937 Line Course: N 00-53-16.7 E Length: 90.370 North: 162949.5047 East : 1307331.1942 Line Course: S 72-28-59.5 E Length: 14. 588 North: 162945.1139 East: 1307345.1058 Line Course: S 87-21-32.2 E Length: 21.032 North: 162944.1448 East : 1 307366.11 54 Perimeter: 246.722 Area: 3,042 SQ.FT. 0.070 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0006 Course: S 69-10-04.3 E Error North: -0.00020 East: 0.00053 Precision 1: 411,203.333 Page 4 MAP CKS 20091707.txt Parcel name: Lot 07 North: 162957.6067 East: 1307401.3278 Line Course: S 42-18-48.8 W Length: 10.831 North: 162949.5975 East: 1307394.0365 Line Course: S 74-26-56.8 W Length: 21.568 North: 162943.8153 East: 1307373.2580 Line Course: N 87-21-32.2 W Length: 7.151 North: 162944.1448 East : 1 307366.1146 Line Course: S 00-53-16.7 W Length: 85.732 North: 162858.4231 East: 1307364.7860 Line Course: 5 88-49-03.2 E Length: 2.672 North: 162858.3679 East: 1307367.4574 Curve Length: 13.692 Radius: 25.000 Delta: 31-22-45.5 Tangent: 7.022 Chord: 13.521 Course: S 73-07-40.5 E • Course In: 5 01-10-56.8 W Course Out: N 32-3 3-42.3 E RP North: 162833 .3 732 East : 1 307366.941 5 End North: 162854.4435 East: 1307380.3967 Line Course: S 57-26-17.7 E Length: 7.926 North: 162850.1777 East: 1307387.0768 Curve Length: 20.525 Radius: 42.000 Delta: 28-00-00.0 Tangent: 10.472 Chord: 20.321 Course: N 60-20-09.3 E Course In: 5 43-39-50.7 E Course Out: N 15-39-50.7 W RP North: 162819.7949 East: 1307416.0749 End North: 162860.2351 East: 1307404.7350 Line Course: N 15-39-50.7 W Length: 17.257 North: 162876.8512 East: 1307400.0757 Line Course: N 00-53-16. 7 E Length: 80.765 North: 162957.6065 East: 1307401.3273 Perimeter: 268.118 Area: 3,268 SQ.FT. 0.075 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0005 Course: S 59-40-40.7 W Error North: -0.00026 East : -0.00045 Precision 1: 536,238.000 Parcel name: Lot 08 North: 162965.5542 East: 1307436.4551 Line Course: S 68-01-42.4 W Length: 8.612 North: 162962.3320 East: 1307428.4686 Line Course: N 83-58-32.9 W Length: 20.953 Page 5 • MAP CKS 20091707.txt North: 162964.5310 East: 1307407.6313 Line Course: S 42-18-48.8 W Length: 9.364 North: 162957.6066 East: 1307401.3276 Line Course: S 00-53-16.7 W Length: 80.765 North: 162876.8513 East: 1307400.0760 Line Course: S 15-39-50.7 E Length: 17.257 North: 162860.2352 East: 1307404.7353 Curve Length: 24.573 Radius: 42.000 Delta: 33-31-17.3 Tangent: 12.649 Chord: 24.224 Course: 5 88-54-12.1 E Course In: S 1 5-39-50.7 E Course Out: N 1 7-51-26.6 E RP North: 162819.7950 East: 1307416.0752 End North: 162859.7716 East: 1307428.9544 Line Course: N 39-34-21.9 E Length: 9.376 North: 162866.9988 East: 1307434.9275 Line Course: N 00-53-16.7 E Length: 98.567 North: 162965.5539 East: 1307436.4550 Perimeter: 269.466 Area: 3,519 SQ.FT. 0.081 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0003 Course: S 27-37-20.1 W Error North: -0.00025 East: -0.00013 Precision 1: 898,223.333 Parcel name: Lot 09 North: 162973.7948 East: 1307476.5877 Line Course: S 70-26-50.2 W Length: 18.852 North: 162967.4855 East: 1307458.8228 Line Course: N 89-10-30.3 W Length: 16.977 North: 162967.7299 East: 1307441.8476 Line Course: S 68-01-42.4 W Length: 5.815 North: 162965.5543 East: 1307436.4549 Line Course: S 00-53-16.7 W Length: 98.567 North: 162866.9991 East: 1307434.9274 Line Course: N 39-34-21.9 E Length: 29.379 North: 162889.6449 East: 1307453.6435 Line Course: N 89-10-52.7 E Length: 21.647 North: 162889.9542 East: 1307475.2883 Line Course: N 00-53-16.7 E Length: 83.850 North: 162973.7941 East: 1307476.5877 Perimeter: 275.086 Area: 3,372 SQ.FT. 0.077 ACRES Page 6 MAP CKS 20091707.txt Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0006 Course: S 04-35-26.7 E Error North: -0.00064 East: 0.00005 Precision 1: 458,478.333 Parcel name: Lot 1 0 North: 162979.4437 East: 1307511.6794 Line Course: S 00-53-16. 7 W Length: 89.000 North: 162890.4544 East: 1307510.3002 Line Course: S 89-10-52.7 W Length: 35.016 North: 162889.9541 East: 1307475.2877 Line Course: N 00-53-16.7 E Length: 83.850 North: 162973.7940 East: 1307476.5872 Line Course: N 70-26-50.2 E Length: 20.81 7 North: 162980.7609 East: 1307496.2038 Line Course: S 85-07-54.1 E Length: 15.531 North: 162979.4429 East: 1307511.6787 Perimeter: 244.214 Area: 3,092 SQ.FT. 0.071 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0011 Course: S 39-43-19.3 W Error North: -0.00084 East : -0.00070 Precision 1: 222,012.727 Parcel name: Lot 11 North: 162974.9864 East: 1307549.4220 Line Course: S 1 5-24-08.1 E Length: 86. 759 North: 162891.3434 East: 1307572.4646 Line Course: S 89-10-52.7W Length: 62.171 North: 162890.4550 East: 1307510.3000 Line Course: N 00-53-16. 7 E Length: 89.000 North: 162979.4444 East: 1307511.6792 Line Course: S 85-07-54.1 E Length: 34.383 North: 162976.5264 East: 1307545.9382 Line Course: S 66-09-3 5.0 E Length: 3.809 North: 162974.9869 East: 1307549.4222 Perimeter: 276.121 Area: 4,314 SQ.FT. 0.099 ACRES Page 7 MAP CKS 20091707.txt Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0005 Course: N 28-48-16.9 E Error North: 0.00044 East: 0.00024 Precision 1: 552,244.000 Parcel name: Lot 12 North: 162891.3432 East: 1307572.4647 Line Course: S 1 5-24-08.1 E Length: 94.375 North: 162800.3576 East: 1307597.5301 Line Course: S 24-04-22.1 W Length: 16.654 North: 162785.1521 East: 1307590.7370 Line Course: S 08-20-33.9 W Length: 9.683 North: 162775.5715 East: 1307589.3320 Line Course: S 89-10-52.7 W Length: 49.725 North: 162774.8611 East: 1307539.6121 Line Course: N 00-49-07.3 W Length: 116.000 North: 162890.8492 East: 1307537.9546 Line Course: N 89-10-52.7 E Length: 34.514 North: 162891.3424 East: 1307572.4651 Perimeter: 320.951 Area: 5,548 SQ.FT. 0.127 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0009 Course: S 29-44-03.S E Error North: -0.00080 East: 0.00046 Precision 1: 356,612.222 Parcel name: Lot 13 North: 162864.1675 East: 1307490.3754 Curve Length: 25.475 Radius: 42.000 Delta: 34-45-09.6 Tangent: 13.143 Chord: 2 5 .086 Course: 5 71-48-1 7. 9 W Course In: S 00-49-07.3 E Course Out: N 35-34-16.9 W RP North: 162822.1718 East: 1307490.9755 End North: 162856.3342 East: 1307466.5434 Line Course: S 54-25-43.1 W Length: 20.307 North: 162844.521 3 East : l 307450.02 58 Curve Length: 27.532 Radius: 42.000 Delta: 37-33-30.8 Tangent: 14.281 Chord: 27.042 Course: S 17-17-09.6 E Page 8 MAP CKS 20091707.txt Course In: S 53-56-05.0 W Course Out: S 88-30-24.2 E RP North: 162819.7956 East: 1307416.0753 End North: 162818.701 l East: 1307458.0610 Line Course: N 89-10-52.7 E Length: 80.916 North: 162819.8573 East: l 307538.9688 Line Course: N 00-49-07.3 W Length: 45.000 North: 162864.8527 East: l 307538.3258 Line Course: S 89-10-52.7 W Length: 47.955 North: 162864.1675 East: 1307490.3757 Perimeter: 247.185 Area: 3,567 SQ.FT. 0.082 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0003 Course: N 89-17-13.2 E Error North: 0.00000 East : 0.00030 Precision l: 823,950.000 Parcel name: Lot 14 North: 162819.8573 East: l 307538.9687 Line Course: S 00-49-07.3 E Length: 45.000 North: 162774.8619 East: 1307539.6117 Line Course: S 89-10-52.7 W Length: 124.323 North: 162773.0855 East: 1307415.3014 Curve Length: 12.629 Radius: 25.000 Delta: 28-56-38. l Tangent: 6.452 Chord: 12.495 Course: N 61-28-04.9 E Course In: S 43-00-14. l E Course Out: N 14-03-36.0 W RP North: 162754.8028 East: l 307432.3526 End North: 162779.0538 East: 1307426.2791 Curve Length: 54.572 Radius: 42.000 Delta: 74-26-48.2 Tangent: 31.907 Chord: 50.814 Course: N 38-42-59.9 E Course In: N 14-03-36.0 W Course Out: S 88-30-24.2 E RP North: 162819.7956 East: 1307416.0758 End North: 162818.701 l East: l 307458.0615 Line Course: N 89-10-52.7 E Length: 80.916 North: 162819.8573 East: l 307538.9692 Perimeter: 31 7.441 Area: 4,205 SQ.FT. 0.097 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0005 Course: S 89-43-02.0 E Error North: -0.00000 East: 0.00052 Precision l: 634,880.000 Page 9 • • MAP CKS 20091707.txt Parcel name: Lot 1 5 North: 162764.1156 East: 1307487.4593 Line Course: S 00-38-18.3 W Length: 52.239 North: 162711.8798 East: 1307486.8772 Line Course: N 88-51-05.7 W Length: 80.003 North: 162713.4833 East: 1307406.8903 Line Course: N 00-38-1 8.3 E Length: 41 .600 North: 162755.0807 East: 1307407.3538 Curve Length: 8.063 Radius: 25.001 Delta: 18-28-44.4 Tangent: 4.067 Chord: 8.028 Course: N 09-52-40.5 E Course In: S 89-21-41.7 E Course Out: N 70-52-57.3 W RP North: 162754.8021 East: 1307432.3533 End North: 162762.9901 East: 1307408.7311 Line Course: N 89-10-52.7 E Length: 78.736 North: 162764.11 51 East: 1307487.4590 Perimeter: 260.642 Area: 4,066 SQ.FT. 0.093 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0005 Course: S 26-09-42.3 W Error North: -0.00049 East: -0.00024 Precision l: 521,282.000 Parcel name: Lot 16 North: 162711.8799 East: 1307486.8772 Line Course: S 00-38-18.3 W Length: 45.002 North: 162666.8807 East: 1307486.3758 Line Course: N 88-51-05.7 W Length: 55.225 North: 162667.9875 East: 1307431.1619 Curve Length: 39.047 Radius: 25.000 Delta: 89-29-24.8 Tangent: 24. 779 Chord: 35.198 Course: N 44-06-23.3 W Course In: N 01-08-54.3 E Course Out: N 89-21-40.9 W RP North: 162692.9825 East: 1307431.6629 End North: 162693.2612 East: 1307406.6645 Line Course: N 00-38-18.3 E Length: 20.223 North: 162713.4829 East: 1307406.8898 Line Course: S 88-51-05.7 E Length: 80.003 Page l 0 MAP CKS 20091707.txt North: l 62711.8795 East: l 307486.8768 Perimeter: 239.500 Area: 3,469 SQ.FT. 0.080 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0006 Course: S 46-20-49.9 W Error North: -0.00044 East : -0.00046 Precision l: 399,166.667 Parcel name: PSE ESMT 01 North: l 62670.7770 East : 1307292.0194 Line Course: S 88-51-05.7 E Length: 55.167 North: l 62669.6714 East: l 307347.1753 Curve Length: 5.256 Radius: 25.000 Delta: l 2-02-49.0 Tangent: 2 .638 Chord: 5.247 Course: N 85-07-29.8 E Course In: N 01-08-54.3 E Course Out: S 10-53-54.7 E RP North: 162694.6664 East: l 307347.6764 End North: l 62670.1173 East: l 307352.403 l Line Course: N 00-38-18.3 E Length: l 50.3 79 North: 162820.4869 East : 13073 54.0787 Curve Length: 75.296 Radius: 62.000 Delta: 69-34-59.4 Tangent: 43.078 Chord: 70.754 Course: N 35-25-48.0 E Course In: S 89-21-41.7 E Course Out: N 19-46-42.3 W RP North: 162819.7961 East: 1307416.0748 End North: 162878.1386 East: 1307395.0951 Curve Length: 7.833 Radius: 62.000 Delta: 7-14-18.1 Tangent: 3.922 Chord: 7.827 Course: N 73-50-26.8 E Course In: S 19-46-42.3 E Course Out: N 12-32-24.2 W RP North: 162819.7961 East: 1307416.0748 End North: l 62880.3171 East: l 307402.6133 Curve Length: 2.575 Radius: 62.000 Delta: 2-22-4 7.1 Tangent: l.288 Chord: 2.575 Course: N 78-38-59.4 E Course In: S 12-32-24.2 E Course Out: N l 0-09-37. l W RP North: 162819.7961 East: 1307416.0748 End North: l 62880.8238 East: l 307405.1378 Line Course: N 00-53-16.7 E Length: 10.000 North: 162890.8226 East: 1307405.2928 Line Course: N 89-06-43.3 W Length: l 0.000 North: 162890.9776 East: l 307395.2940 Line Course: S 00-53-16.7 W Length: 12.841 Page 11 MAP CKS 20091707.txt North: 162878.1381 East: l 307395.0950 Line Course: S 26-25-52.6 W Length: 231.567 North: 162670. 7771 East : l 307292.01 90 Perimeter: 560.914 Area: 2,855 SQ.FT. 0.066 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0004 Course: N 83-12-11 .6 W Error North: 0.00005 East : -0.00041 Precision l: l ,402,285.000 Parcel name: PSE ESMT 02 North: 162670.7770 East: l 307292.0194 Line Course: S 88-51-05.7 E Length: 55.167 North: 162669.6714 East : l 307347. l 753 Curve Length: 16.310 Radius: 2 5.000 Delta: 37-22-47.6 Tangent: 8.457 Chord: 16.022 Course: N 72-27-30.5 E Course In: N 01-08-54.3 E Course Out: S 36-13-53.3 E RP North: 162694.6664 East: l 307347.6764 End North: 162674.5005 East: 1307362.4526 Line Course: N 00-38-18.3 E Length: 145.884 North: l 62820.3754 East: 1307364.0781 Curve Length: 59.323 Radius: 52.000 Delta: 65-21-52.8 Tangent: 33.361 Chord: 56.158 Course: N 33-19-14.7 E Course In: S 89-21-41.7 E Course Out: N 23-59-48.9 W RP North: 162819.7960 East: 1307416.0748 End North: 162867.301 5 East: 1307394.9271 Curve Length: l 0.598 Radius: 52.000 Delta: 11-40-36.4 Tangent: 5.317 Chord: l 0.579 Course: N 71-50-29.3 E Course In: S 23-59-48.9 E Course Out: N 12-19-12.5 W RP North: 162819.7960 East: 1307416.0748 End North: 162870.5985 East: l 307404.9794 Line Course: N 00-53-16.7 E Length: l 0.000 North: 162880.5973 East: l 307405.1344 Line Course: N 89-06-43.3 W Length: l 0.000 North: 162880.7523 East: 1307395.1356 Line Course: S 00-53-16. 7 W Length: 13.452 North: 162867.3019 East: l 307394.9271 Line Course: S 27-38-18.3 W Length: 221.837 North: 162670.7781 East: 1307292.0191 Page 12 • MAP CKS 20091707.txt Perimeter: 542.571 Area: 4,475 SQ.FT. 0.103 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0011 Course: N 15-22-33.6 W Error North: 0.00103 East: -0.00028 Precision l: 493,246.364 Parcel name: Right-Of-Way North: l 62755.0812 East: l 307407.3536 Line Course: S 00-38-1 8.3 W Length: 61 .824 North: 162693.2610 East: 1307406.6648 Curve Length: 39.047 Radius: 25.000 Delta: 89-29-24.8 Tangent: 24. 778 Chord: 35.198 Course: S44-06-24.l E Course In: S 89-21-41.7 E Course Out: S 01-08-53.5 W RP North: l 62692.9825 East: l 307431.6632 End North: 162667.9875 East: 1307431.1623 Line Course: N 88-51-05.7 W Length: 84.003 North: 162669.6711 East: 1307347.1761 Curve Length: 39.492 Radius: 25.000 Delta: 90-30-36.0 Tangent: 25.224 Chord: 35.512 Course: N 45-53-36.3 E Course In: N 01-08-54.3 E Course Out: S 89-21-41.7 E RP North: 162694.6661 East: 1307347.6772 End North: 162694.3875 East: l 307372.6757 Line Course: N 00-38-1 8.3 E Length: l 2 5.884 North: 162820.2637 East: l 307374.0783 Curve Length: 187.146 Radius: 42.000 Delta: 255-18-06.2 Tangent: 54.438 Chord: 66.507 Course: S 51-42-38.6 E Course In: S 89-21-41.7 E Course Out: S 14-03-35.5 E RP North: l 62819.7958 East: l 307416.0757 End North: 162779.0540 East: l 307426.2790 Curve Length: 32.857 Radius: 25.000 Delta: 75-18-08.0 Tangent: 19.288 Chord: 30.542 Course: S 38-17-20.5 W Course In: S 14-03-35.5 E Course Out: N 89-21-43.5 W RP North: 162754.8029 East: l 307432.3524 End North: l 62755.0812 East: l 307407.3539 Perimeter: 570.254 Area: l 0,000 SQ.FT. 0.230 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0003 Course: N 80-29-00.8 E Page 13 • • MAP CKS 20091707.txt Error North: 0.00004 East : 0.00026 Precision 1: 1,900,843.333 Parcel name: Tract "A" North: 163243.8912 East: 1307734.6552 Line Course: S 15-24-08.1 E Length: 456.981 North: 162803.3227 East : 1307856.0266 Line Course: S 42-05-03.8 W Length: 37.006 North: 162775.8584 East : 1307831 .2242 Line Course: S 52-30-48.4 W Length: 85.498 North: 162723.8264 East: 1307763.3819 Line Course: N 88-05-55.0 W Length: 63.537 North: 162725.9345 East: I 307699.8799 Line Course: S 40-52-54.5 W Length: 12.092 North: 162716.7922 East: 1307691.9657 Line Course: S 17-54-17.7 E Length: 21.887 North: 162695.9652 East: 1307698.6946 Curve Length: 33.985 Radius: 50.000 Delta: 38-56-39.9 Tangent: 17.679 Chord: 33.335 Course: S 01-34-02.3 W Course In: S 72-05-42.3 W Course Out: S 68-57-37.8 E RP North: 162680.5933 East: 1307651.1162 End North: 162662.6428 East: 1307697.7828 Line Course: N88-51-05.7W Length: 115.016 North: 162664.9479 East: 1307582.7899 Line Course: N 15-44-46.1 W Length: 51.140 North: 162714.1688 East: 1307568.9118 Line Course: N 03-10-07 .3 E Length: 20. 75 5 North: 162734.8921 East: 1307570.0590 Line Course: N 34-45-08.6 E Length: 33.553 North: I 62762.4600 East: 1307589.1853 Line Course: N 04-48-16.5 W Length: 7.729 North: 162770.1619 East: 1307588.5379 Line Course: N 08-20-33.9 E Length: 1 5.151 North: 162785.1525 East: 1307590.7362 Line Course: N 24-04-22.1 E Length: 16.654 North: 162800.3581 East: 1307597.5294 Line Course: N 15-24-08.1 W Length: 181.134 North: 162974.9867 East: 1307549.4213 Line Course: N 66-09-35.0 W Length: 3.809 North: 162976.5262 East: 1307545.9373 Line Course: N 85-07-54.1 W Length: 49.914 North: 162980.7622 East: 1307496.2033 Line Course: S 70-26-50.2 W Length: 39.669 Page 14 MAP CKS 20091707.txt North: 162967.4860 East: 1307458.8219 Line Course: N 89-10-30.3 W Length: 16.977 North: 162967. 7305 East : l 307441.8466 Line Course: S 68-01-42.4 W Length: 14.427 North: 162962.3326 East: l 307428.4675 Line Course: N 83-58-32.9 W Length: 20.953 North: 162964.5316 East: l 307407.6302 Line Course: S 42-18-48.8 W Length: 20.195 North: 162949.5980 East: l 307394.0352 Line Course: S 74-26-56.8 W Length: 21 .568 North: 162943.8157 East: l 307373.2567 Line Course: N 87-21-32.2 W Length: 28.183 North: 162945.1144 East: 1307345. l 037 Line Course: N 72-28-59.5 W Length: 51.496 North: 162960.6139 East: l 307295.9956 Line Course: N 00-45-21.7 E Length: 142.027 North: 163102.6286 East: l 307297.8696 Line Course: S 88-51-11.4 E Length: 217.630 North: 163098.2728 East: l 307515.4560 Line Course: N 15-24-08. l W Length: 156.450 North: 163249. l 039 East: l 307473.9038 Line Course: S 88-51-17.0 E Length: 260.801 North: 163243.891 l East: l 307734.6527 Perimeter: 2196.216 Area: 173,052 SQ.FT. 3.973 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0024 Course: S 87-42-54.7 W Error North: -0.00010 East: -0.00243 Precision l: 915,090.417 Parcel name: Tract "B" North: 162803.3228 East: l 307856.0264 Line Course: S l S-24-08. l E Length: l 50.040 North: 162658.6715 East: l 307895.8762 Line Course: N 88-51-05.7 W Length: 198.132 North: 162662.6425 East: l 307697.7840 Curve Length: 33.985 Radius: 50.000 Delta: 38-56-39.9 Tangent: 17.679 Chord: 33.335 Course: N 01-34-02.3 E Course In: N 68-57-37.8 W Course Out: N 72-05-42.3 E RP North: 162680.593 l East: l 307651.1173 End North: 162695.9650 East: l 307698.6957 Line Course: N 17-54-17.7W Length: 21.887 Page 15 MAP CKS 20091707.txt North: 162716.7920 East: l 307691.9668 Line Course: N 40-52-54.5 E Length: 12.092 North: 162725.9343 East: 1307699.8810 Line Course: S 88-05-55.0 E Length: 63.537 North: 162723.8262 East: l 307763.3830 Line Course: N 52-30-48.4 E Length: 85 .498 North: 162775.8581 East: l 307831.2254 Line Course: N 42-05-03.8 E Length: 37.006 North: 162803.322 5 East : l 307856.02 77 Perimeter: 602.177 Area: 16,255 SQ.FT. 0.373 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.001 3 Course: S 73-34-20.4 E Error North: -0.00037 East: 0.00126 Precision 1: 463,213.077 Parcel name: Tract "C" North: 162775.5724 East: l 307589.3320 Line Course: S 08-20-33.9 W Length: 5.469 North: 162770.1612 East: 1307588.5385 Line Course: S 04-48-16.5 E Length: 7. 729 North: 162762.4594 East: l 307589.1859 Line Course: S 34-45-08.6 W Length: 33.553 North: 162734.8915 East: 1307570.0596 Line Course: S 03-10-07.3 W Length: 20.755 North: 162714.1682 East: 1307568.9124 Line Course: S l 5-44-46.1 E Length: 51 .140 North: 162664.9473 East: l 307582.7905 Line Course: N 88-51-05. 7 W Length: 96.434 North: 162666.8801 East : 1307486.3 759 Line Course: N 00-38-18.3 E Length: 97.241 North: 162764.11 50 East: 1307487.4594 Line Course: S 89-10-52.7 W Length: 78.736 North: 162762.9900 East: 1307408.7314 Curve Length: 12.164 Radius: 25 .000 Delta: 27-52-41.9 Tangent: 6.205 Chord: 12.045 Course: N 33-03-24.9 E Course In: S 70-52-56.0 E Course Out: N 43-00-14.1 W RP North: 162754.8022 East: 1307432.3526 End North: 162773.0849 East: l 307415.3014 Line Course: N 89-10-52.7 E Length: 174.049 North: 162775.5718 East: 1307589.3326 Page 16 MAP CKS 20091707.txt Perimeter: 577.269 Area: 10,569 SQ.FT. 0.243 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0008 Course: S 46-1 5-44.0 E Error North: -0.00056 East : 0.00058 Precision 1: 721,587.500 Parcel name: Tract "D" North: 162850.1784 East: 1307387.0772 Curve Length: 20.194 Radius: 42.000 Delta: 27-32-53.9 Tangent: 10.296 Chord: 20.000 Course: S 32-33-42.3 W Course In: S 43-39-50.7 E Course Out: N 71-12-44.6 W RP North: 162819.7956 East: 1307416.0752 End North: 162833.3222 East: 1307376.3130 Line Course: N 57-26-17.7 W Length: 2.308 North: 162834.5643 East: 1307374.3678 Curve Length: 13.692 Radius: 25.000 Delta: 31-22-45.5 Tangent: 7 .022 Chord: 13.521 Course: N 73-07-40.5 W Course In: S 32-33-42.3 W Course Out: N 01-10-56.8 E RP North: 162813.4940 East: 1307360.9126 End North: 162838.4887 East: 1307361.4285 Line Course: N 88-49-03.2 W Length: 31.952 North: 162839.1481 East: 1307329.4833 Line Course: N 00-53-16.7 E Length: 20.000 North: 162859.145 7 East : 1307329. 793 3 Line Course: S 88-49-03.2 E Length: 37.672 North: 162858.3683 East : 1307367.45 73 Curve Length: 13.692 Radius: 25.000 Delta: 31-22-45.5 Tangent: 7.022 Chord: 13.521 Course: S 73-07-40.5 E Course In: S 01-10-56.8 W Course Out: N 32-33-42.3 E RP North: 162833.3736 East: 1307366.9414 End North: 162854.4439 East: 1307380.3966 Line Course: S 57-26-17.7 E Length: 7.926 North: 162850.1781 East: 1307387.0767 Perimeter: 14 7.436 Area: 1,063 SQ.FT. 0.024 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0006 Course: S 57-24-50.9 W Error North: -0.00034 East: -0.00053 Precision 1: 245,726.667 Page 1 7 MAP CKS 20091707.txt Parcel name: Tract "E" North: 162856.3342 East: 1307466.5434 Curve Length: 25.475 Radius: 42.000 Delta: 34-45-09.6 Tangent: 13.143 Chord: 25.086 Course: N 71-48-17.9 E Course In: 5 35-34-16.9 E Course Out: N 00-49-07.3 W RP North: 162822.1718 East: 1307490.9755 End North: 162864.1675 East: 1307490.3754 Line Course: N 89-10-52.7 E Length: 47.955 North: 162864.8527 East: 1307538.3255 Line Course: N 00-49-07.3 W Length: 26.000 North: 162890.8500 East: 1307537.9540 Line Course: S 89-10-52.7 W Length: 84.319 North: 162889.6452 East: 1307453.6436 Line Course: S 39-34-21.9 W Length: 38.755 North: 162859.7722 East: 1307428.9544 Curve Length: 26.446 Radius: 42.000 Delta: 36-04-38.4 Tangent: 13.678 Chord: 26.011 Course: S 54-06-14.2 E Course In: S 17-51-26.6 W Course Out: N 53-56-05.0 E RP North: 162819.7957 East: 1307416.0752 End North: 162844.5214 East: 1307450.0257 Line Course: N 54-25-43.1 E Length: 20.307 North: 162856.3343 East: 1307466.5433 Perimeter: 269.258 Area: 2,953 SQ.FT. 0.068 ACRES Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0001 Course: N 55-09-08.6 W Error North: 0.00008 East: -0.00011 Precision 1: 2,692,570.000 Page 18 STEWART TITLE GUARANTY COMPANY Subdivision Guarantee Guarantee No.: SG-2631- Effective Date: November 6, 2007 at 12:00 AM -,, " l,ty .. -·" re:~,, 1 1 ir···{l""r~ . , ·~•·•;{M~l,Wr\!, S;-u l7 /Jf;/l}J Order Number: 205124925 The County of KING and any City within which said subdivision is located in a sum not exceeding $1,000.00 That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary of said Subdivision Guarantee, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered ~ for dedication as shown in Subdivision Guarantee. Signed under seal for the Company, but this Guarantee is to be valid only when it bears an authorized countersignature. Countersigned by: ~J!cO Authorized Countersignature STF\VART TITLE Company SEATAC, Washington City. State II stewart ~tn:19 guaranty company ~,Ai:;...f}J Senior ChairmanoJe Board President Guarantee Serial No. SG-2631- 11 In writing this company please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial Number. SUBDIVISION GUARANTEE Guarantee No.: SG-2631- Order Number: 205124925 Reference Number: SANDU PROPERTY, LLC Effective Date: November 6, 2007 at Subdivision Guarantee: Sales Tax: Total: $300.00 $26.40 $ 326.40 OWNERS: SANDHU PROPERTY, LLC, A WASHINGTON LIMITED LIABILITY COMPANY LEGAL DESCRIPTION: See Attached Exhibit A SUBJECT TO: 1. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 18, 1941 RECORDING NO.: 3178820 IN FAVOR OF: UNITED STATE OF AMERICA FOR: ELECTRIC TRANSMISSION, TELEPHONE AND TELEGRAPH LINES AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 2. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 15, 1949 RECORDING NO.: 3919394 IN FAVOR OF: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION FOR: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AFFECTS: THE LEGAL DESCRIPTION CONTAINED IN SAID EASEMENT IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN SAID PREMISES 3. RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES, EASEMENTS AND PROVISIONS DELINEATED AND/OR DESCRIBED ON THE PLAT RECORDED IN VOLUME 46 OF PLATS AT PAGE(S) 100 IN KING COUNTY, WASHINGTON. 4. NON-TRANSFERABLE LAND USE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: AND: RECORDED: RECORDING NUMBER: Guarantee No: SG-2631- BONNEVILLE POWER ADMINISTRATION SANDHU PROPERTY, LLC JUNE 1, 2007 20070601000687 SUBDIVISION GUARANTEE 5. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31 8 T. YEAR: 2007 AMOUNT BILLED: $2,335.89 AMOUNT PAID: $1,167.95 AMOUNT DUE: $1,167.92, PLUS INTEREST AND PENALTY, LEVY CODE: TAX ACCOUNT NO.: ASSESSED VALUATION: LAND: IMPROVEMENTS: (AFFECTS PARCEL A) IF DELINQUENT 4250 619960-0282-04 $204,000.00 $0.00 6. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31 8r_ YEAR: 2007 AMOUNT BILLED: $4,958.44 AMOUNT PAID: $2,479.22 AMOUNT DUE: $2,479.22, PLUS INTEREST AND PENAL TY, LEVY CODE: TAX ACCOUNT NO.: ASSESSED VALUATION: LAND: IMPROVEMENTS: (AFFECTS PARCEL B) IF DELINQUENT 4250 619960-0320-08 $416,000.00 $ 1,000.00 7. LIABILITY FOR SEWER TREATMENT CAPACITY CHARGES THAT MAY BE ASSESSED BUT NOT DISCLOSED IN THE PUBLIC RECORDS. PLEASE CONTACT THE KING COUNTY CAPACITY CHARGE DEPARTMENT FOR FURTHER INFORMATION AT 206-296-1450. 8. DEED OF TRUST: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NO.: SANDHU PROPERTY, LLC, A WASHINGTON LIMITED LIABILITY COMPANY STEWART TITLE VIKING BANK $1,920,000.00 AUGUST 30, 2005 SEPTEMBER 1, 2005 20050901002800 MODIFICATION AND/OR AMENDMENT BY INSTRUMENT: DATED: JUNE 22, 2006 AND MAY 28, 2007 RECORDED: JUNE 26, 2006 AND JUNE 27, 2007 RECORDING NO.: 20060626002509 AND 20070627002244 Guarantee No: SG-2631- SUBDIVISION GUARANTEE Guarantee No: SG-2631- SUBDIVISION GUARANTEE The Company's liability for this report is limited to the compensation received. This report is based on the Company's property records, and no liability is assumed for items misindexed or not indexed in the public records, or for matters which would be disclosed by an inquiry of parties in possession or by an accurate survey or inspection of the premises. This report and the legal description given herein are based upon information supplied by the applicant as to the location and identification of the premises in question, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commitment to insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or an opinion as to the marketability of title to the subject premises. I certify this is a true accurate reflection of those documents on file at the King County Court House, Seattle, Washington as of the date and time referenced above. Don Peters :dp Guarantee No: SG-2631- File Number: 205124925 PARCEL A: SUBDIVISION GUARANTEE Exhibit A LEGAL DESCRIPTION LOT 5, BLOCK 2, NORTHWESTERN GARDEN TRACTS, DIVISION NO. 6, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 46 OF PLATS, PAGE(S) 100, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE WEST 300 FEET THEREOF; AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING BETWEEN THE EASTERLY AND WESTERLY LINES OF THE BONNEVILLE TRANSMISSION LINE RIGHT-OF-WAY, AS DESCRIBED IN INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NO. 3178820, AND LYING BETWEEN THE NORTH LINE OF LOT 4 AND THE SOUTH LINE OF LOT 7, BLOCK 2, NORTHWESTERN GARDEN TRACTS, DIVISION NO. 6, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 46 OF PLATS, PAGE(S) 100, RECORDS OF KING COUNTY, WASHINGTON, EXTENDED EASTERLY. PARCEL B: LOT 7, BLOCK 2, NORTHWESTERN GARDEN TRACTS, DIVISION NO. 6, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 46 OF PLATS, PAGE(S) 100, RECORDS OF KING COUNTY, WASHINGTON. Guarantee No: SG-2631- ORDER NO:. 205124925 N This sketch is provided without charge tor information. It is not intended to show all matters related to the property including, but not limited to area, dimensions, encroachments or locations of boundaries. It's not a part of, nor does it modify, the commitment or policy to which it is attached. The company assumes NO LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further information. .... .... • • ,, • ll " m.u 4 > 6111B60 ·--··-----,r, -----.---,----.; • - I N~HWEST RN GARDEN "' 4 i-~-.. ---~·--1 ,I ! """ .... 81~ C 1 ICIII' 01111,0,, •••• """"',« 1--~1--.... ..., ·~ .... DIV NO. 6 I~ I~ 11,!,11. - 7 • • I \ \ I ~ ' \ I \ I I I \ I I ' I \ I \ I \ \ I \ I I I ' I 1 I I I I \ \ I \ ' I \ ... I I I \ \ I I .. I \ Gmail ·,. Your Corporation Registration Information http:/ Imai I .googl e .comimail/?ui~2&i k~2ebfJ4ed8 i &view~pt&q~co ... I of I i I Johnathan Kurth <johnathan.kurth@gmail.com> Your Corporation Registration Information OniineForms@secstate.wa.gov <OnlineForms@secstate.wa.gov> To: johnathan.kurth@gmail.com Mon, Aug 31, 2009 at 1:32 PM Your requested name is SANDHU HOMEOWNERS ASSOCIATION Your application id is 1524115 Your email address is johnathan.kurth@gmail.com The link to use to come back to this application is https://corps.secstate.wa.gov/nonprof1t/Pages /StartPage.aspx City of A Ptanning o en ton IVtsion 9/3/2009 12:58 PM Gmail -Nonprofit Corporation Question? • http:/ Imai l .google .comlmai 1/?ui ~2& ik~2e bf34ed8 l & view ~pt&q~co ... I of 1 Johnathan Kurth <johnathan.kurth@gmail.com> Nonprofit Corporation Question? Corps <corps@secstate.wa.gov> Tue, Sep 1, 2009 at 2:24 PM To: Johnathan Kurth <johnathan.kurth@gmail.com> Unfortunately, we are unable to go in and make alterations to an online filing once it has been submitted. The filing will be accepted and processed as submitted, and any subsequent changes will have to be done by filing articles of amendment. Regards, Gabby Coley Customer Service Specialist 3 Office of the Secretary of State Corporations Division Ph. 360.725.0377 Fax 360.664.8781 From: Johnathan Kurth [mailto:iohnathan.kurth@gmail.com] Sent: Tuesday, September 01, 2009 2:15 PM To: Corps Subject: Re: Nonprofit Corporation Question? [Quoted text hidden] 9/3/2009 12:59 PM • • DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE /R) /('c BENSON TRAILS HOMEOWNERS' ASSOCIATIO~ uLs;;{f;i~J/'ifl~I/J) THIS DECLARATION is made on the date hereinafter set forth by BENSON TRAILS, LLC, (Declarant), the owner of certain land situated in the State of Washington, City of Renton, King County, known as BENSON TRAILS, which is more particularly described in Exhibit A. In order to ensure preservation of the gracious residential environment at BENSON TRAILS, Declarant agrees and covenants, that all land and improvements now existing or hereafter constructed thereon will be held, sold, conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easement, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all such lands and the owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties having or acquiring any right, title or interest in such lands or any portion thereof and shall insure to the benefit of each owner thereof and to the benefit of BENSON TRAILS Homeowners Association and shall otherwise in all respects be regarded as covenants running with the land. ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII Contents DEFINITIONS PRE-EXISTING RESTRICTIONS DEVELOPMENT PERIOD EASEMENTS, OPEN SPACES & TRACTS ASSESSMENTS MAINTENANCE OF LOTS HOMEOWNERS ASSOCIATION MANAGEMENT BY BOARD LAND USE RESTRICTIONS BUILDING RESTRICTIONS UTILITIES ARCHITECTURAL CONTROL GENERAL PROVISION 2 3 3 4 5 7 9 9 12 13 14 14 17 • ARTICLE I DEFINITIONS • For purposes of the Declaration and the Articles oflncorporation and the Bylaws of the Benson Trails Homeowner's Association, certain words and phrases shall have particular meaning as follows: Section 1. "Association" shall mean and refer to the Benson Trails Homeowners' Association, its successors and assigns. 2 Section 2. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article IX. For the purposes of exercising the powers and duties assigned in this Declaration to the Board, this term shall also mean the "Temporary Board" or "Declarant" as provided in Article IV unless the language or rnntext indicates otherwise. Section 3. "Properties" shall mean and refer to the real property described with particularly in Exhibit A. Section 4. "Lot" shall mean and refer to any plot ofland shown upon any recorded subdivision map of the Properties. This term shall not include tracts designated on the face of the Plat. Section 5. "Declarant" shall mean and refer to Benson Trails, LLC., its successors and assigns. Successors and assigns shall not include other developers who acquire one or more undeveloped lot from the Declarant for the purpose of development. Section 6. "Architectural Control Committee" shall mean and refer to the duly appointed or elected committee of the Board of Directors as outlined in Article XIII of this Declaration, hereinafter referred to as the "Committee". Section 7. "Development Period" shall mean and refer to that period of time defined in Article III of this declaration. Section 8. "Plat" shall mean and refer to the plat of Lots 1-21, inclusive Benson Trails as recorded in Volume of Plats, Pages , Records of King County, State of Washington, under Recording No. _______ _ Section 9. "Residence" shall mean and refer to any buildings occupying any lot. Section 10. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee interest in any Lot, including the Declarant, but excluding mortgagees or other persons or entities only holding security interest in properties within the Plat. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. Section 11. "Building setbacks" are areas designated on the face of the plat adjacent to sensitive areas, such as property lines or utilities. ARTICLE II PRE-EXISTING RESTRICTIONS The Properties shall continue to be subject to previous covenants, conditions, encumbrances and restrictions, to the extent that such restrictions are valid. ARTICLE III DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT Section I. Management by Declarant. "Development period" shall mean that period of time from the date of recording this Declaration until (I) a date five years from the date of recording this Declaration or (2) the thirtieth day after Declarant has transferred title to the purchasers of the lots representing 99 percent of the total voting power of all Lot owners as then constituted or (3) the date on which Declarant elects to permanently relinquish all ofDeclarant's authority under this Article by written notice to all Owners, whichever date first occurs. During the Develop Period, the Board of Directors of the Association shall be appointed by the Declarant. Section 2. Notices to Owners. Before the termination of the Development 3 Period, the Declarant will give written notice of the termination of the Development Period to the owner of each Lot. Said notice shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association, notwithstanding and provision of the Articles or Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the Owners of five lots shall constitute a quorum. The Board of Directors and officers of the Association may be elected by majority vote of said quorum. If a quorum is not present, the Development period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Lot Owners to provide for the operation of the Association. Section 3. Temporary Board. Declarant may in its sole discretion, and at such times as the Declarant deems appropriate, appoint three persons who may be Owners, or representatives of corporate entities or other entities which are Owners, as a Temporary Board. During the Development Period, members of the Board of Directors need not be the Owners. The Temporary Board shall have full authority and all rights, 4 responsibilities, privileges and duties to manage the properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles and the Bylaws. Section 4. Appointment of Manager. Declarant may appoint a managing agent, which shall have the power and authority to exercise all powers necessary to carry out the provisions of this Declaration, including but not limited to contracting for required services, obtaining property and liability insurance, and collecting and expending all assessments and Association funds. Any such management agent or the Declarant shall have the exclusive right to contract for all goods and services, payment for which is to be made from any monies collected from assessments. Section 5. Acceptance of Management Authority. The purpose of this management arrangement is to ensure that the properties will be adequately managed during the initial stages of development. Acceptance of an interest in a lot evidences acceptance of this management agreement. ARTICLE IV EASEMENTS, OPEN SPACES AND PRIVATE TRACTS Section 1. Drainage Easement Restrictions. Various drainage easements are indicated on the face of the Plat. Structures, fills, and obstructions, including, but not limited to decks, patios and buildings, overhangs, and trees shall not be permitted within drainage easements. The easements give the City of Renton the right to enter upon the said easements, and the area immediately adjacent to said easements, in order to effectuate the purposes of the easement, or to construct a hard surface road among the easements. Section 2. Utility Easements. Various utility easements are designed on the face of the Plat for the purpose of providing Lots within the Plat with electric, telephone, gas, cable television service and water. These easements give the easement-holders the right to enter upon these Lots at all times to effectuate the purposes of the easements. Not utility lines shall be placed on any Lot unless underground or in a conduit attached to a building. Structures may only be placed on easements with the permission of the Architectural Control Committee and the entity to which the easement was granted. No planting material, fill, or other substances may be placed on the utility easement which will interfere with such utility service. Section 3. Structures Prohibited in Rights-of-Way. All rights-of-way within the Plat have been dedicated to the City of Renton. No structures may be placed in rights-of- way within the Plat. Section 4. Maintenance of Detention and Water Quality System. The Home Owners Association shall maintain the detention and water quality system and emergency access roads until such time that those improvements are deeded or sold to a governmental agency, which will assume maintenance and responsibility of such improvements. ARTICLE V ASSESSMENTS Section I. Creation of Lien and Personal Obligation. Each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be expressed in such deed, is deemed to covenant and agree to pay the Association (I) annual assessments or charges and (2) special assessments. Annual and special assessments shall be established and collected in accord with the following provisions. The annual and special assessments, together with interest, cost and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each assessment, together with the interest, costs and reasonable attorneys' fees incurred to collect such assessments, shall be the personal obligation of the individual who is the Owner of the Lot at the time that the assessment fell due. 5 Section 2. Purpose of Assessments. The assessments imposed by the Association shall be used (1) to promote recreation, health, safety and welfare of the residents of the properties, (2) for the cost of maintaining the recreational area within the Plat, (3) for legal fees or damage incurred in any action in which the Association or a member of the Board of Architectural Control Committee, acting in behalf of the Homeowners' Association is named as a party, (4) for legal fees incurred by the Homeowners' Association, (5) for any other reasonable expenses incurred by the Homeowners' Association. (6) for maintenance of the common storm facility. Section 3. Annual Assessment. The initial annual assessment shall be $ __ per Lot payable in annual installments; six percent of the assessment shall be allocated and paid to the Declarant for Plat management services provided by the Declarant to the Association or by a Professional management firm. Such allocated funds to the Declarant shall cease when the Development Period expires and the Association assumes collection costs, bookkeeping and other management responsibilities which are described with particularity in the Bylaws of the Association. The annual assessment may be increased during the Development Period to reflect increased (I) maintenance costs, (2) repair costs, (3) Association and plat management costs, ( 4) legal costs. All increases in the annual assessment during the Development Period must directly reflect increase in the above-recited costs. During the Development Period, it shall not be necessary to amend this Declaration to raise the annual assessments. During the Development Period, the Declarant shall give members of the Association notice of any increase in the annual assessment thirty days before the date that the assessment becomes effective. (a) After the Development Period expires, any increase in the annual assessment which exceeds IO percent requires the vote of the members of the Association. 6 (b) After the Development Period expires. any increases in the annual assessment which exceeds 10% requires the approval of 51 % of the members of the Association. ( c) After the Development Period expires, the Board of Directors shall fix the quarterly assessment in accord with the above-recited standards. Section 4. Special Assessments for Capital Improvements. In addition to the . annual assessments authorized above, the Association may levy, in any assessment year, a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement to the Recreational Area within the Plat including fixtures and personal property relating thereto, provided that any such assessment shall have the assent of 51 percent of the members of the Association who are voting on person or by proxy at a meeting held duly called for this purpose. Any capital improvements which exceeds $15,000, must be approved by 51 percent of the Owners. Section 5. Special Assessments for Legal Fees and Damages. In addition to the special assessment authorized in Section 4, the Declarant or the Association may levy any assessment year a special assessment for the purpose of defraying, in whole or in part, (I) legal fees and costs incurred in any action in which the Association is a party, (2) legal fees and costs incurred in any action in which a member of either the Board or the Architectural Control Committee is named as a party as a result of a decision made or action perfonned while acting in behalf of the Homeowners· Association, or (3) any other reasonable expenses incurred by the Homeowners' Association. This assessment shall require the constant of 5 I percent of the Association who are voting in person or by proxy at a meeting duly called for this purpose. Section 6. Notice and Quorum for Any Action Authorized Under Section 4 and 5. Written notice of any meeting called for the purpose of taking any action authorized under Sections 4 and 5 of this Article shall be sent to all members not less than 30 days and nor more than 60 days in advance of the meeting. At the first meeting called, the presence of 51 percent of the members of the Association of or proxies entitled to cast 51 percent of the members of the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called to subject to the same notice requirement; the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. Section 7. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots. Section 8. Date of Commencement of Annual Assessment, Due Dates. The annual assessments described in this Article shall commence on . The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. Written notice of the Quarterly assessment shall be sent to every Owner 7 subject to such assessments. The Board of Directors shall establish the due date. The Association shall. upon demand and for reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specific Lot has been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as the date of its issuance. Section 9. Effect of Non-Payment of Assessments: Remedies of the Association. Any assessment not paid within 30 days of the due date shall bear interest at the rate of 12 percent per annum. Each owner hereby expressly vests in the Association or its agents the right and power to bring all actions against such Owners personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage ofreal property. Such Owner hereby expressly grants the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association and shall be for the benefit of the Association. The Association shall have the power to bid in an interest and foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for the payment of all attorneys' fees incurred in collecting past due assessments or enforcing the terms of assessment liens. No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Recreational Area or abandonment of his Lot. The Association shall have the right to suspend the voting rights of an Owner for and period during which any assessment which the Lot remains unpaid and for a period not to exceed 60 days for any infraction of the terms of either this Declaration, the Articles or the Bylaws of the Association. Section I 0. Subordination of the Lien to Mortgage. The lien for assessments, provided for in this Article, shall be subordinated to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale of transfer, however, shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 11. Exempt Property. All property dedicated to and accepted by local public authority shall be exempt from assessments provided by this Article. ARTICLE VI MAINTENANCE OF LOTS Section 1. Exterior Maintenance by Owner. Owner shall maintain each Lot and Residence in a neat, clean and attractive condition at all times. 8 (a). Street Trees. The street trees planted within and/ or abutting individual Lots shall be owned and maintained by the Ov-mers of said Lots and the trees planted within and / or abutting the private and public tracts within he Plat shall be owned and maintained by the Kristen Woods Homeowners Association. (b). Refuse. All lots shall be kept free of debris. All refuse shall be kept in sanitary containers screened from view of and Lot in the Plat; the containers shall be regularly, emptied and the contents disposed of off the Properties. No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost heap shall be permitted if the compost heap is concealed from view of any of the properties. (c). Storage of Vehicles. Owners may not store goods or equipment or permanently parked vehicles (e.g. boats, cars, trucks, campers, and recreational vehicles) in open view of any Lot, or allow others to do so. When vehicles or goods are permanately parked or stored on Lots for a period over 24 hours, other than in the circumstances described below in subsection (e) of this section, the vehicles and goods shall be adequately screened from the view of adjacent right of ways and Lots. The screening of such vehicles of goods must have the approval of the Architectural Control Committee. (d). Improperly Parked Vehicles. Upon 48 hours notice to Owners of an improperly parked vehicle, the Board has the authority to have towed, at the Owners expense, any vehicles that are parked in violation of this section. (e). Temporarv Parking by Owners. This section does not prevent Owners from parking automobiles and trucks on driveways when the Owners are out of town. (J). Temporary Parking by Guests. This section does not prevent guests from parking automobiles, trucks or recreational vehicles in driveways for a period of four days. However, if the guests either (1) plan to park their vehicles in driveways or (2) stay in their recreational vehicles for a period in excess of four days, the Owners must obtain permission from the Board. (g). Dilapidated. Unsightly Vehicles. Neither Owners nor their guests are allowed to park dilapidated, dysfunctional or unsightly vehicles in driveways. Section 2. Easement for Enforcement Purposes. Owners hereby irrevocably grant to the Association permission for purposes of going upon the Lots of Owners for the purpose of removing vehicles of other similar objects which are parked or stored in violation of the terms of this Declaration. Section 3. Lot Maintenance by the Association. In the event that an owner shall fail to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of the Kristen Woods community, the 9 Board shall, upon receipt of written complaint of any Owner, and subsequent investigation which verifies that complaint, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and the exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Board within 45 days after mailing of adequate notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Board shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by the law. In the event that the estimated cost of such repair should exceed one-half or one assessed value of the Lot any improvements of that Lot, the Board shall be required to have the assent of 51 percent of the members before undertaking such repairs. Section 4. Construction Exemption. This Article does not apply to the construction activities, storage of construction materials, construction debris, or the use and parking of construction vehicles by the Declarant or its contractors during the Development period. ARTICLE VII HOMEOWNERS ASSOCIATION Section I. Nonprofit Organization. The Association is a nonprofit corporation under the laws of the State of Washington. Section 2. Membership. Every Owner of any Lot shall become a member of the Association. Membership shall be appurtenant'to the Lot and may not be separated from ownership of any Lot shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the transferee of title to the Lot. All Owners shall have the rights and duties specified in this Declaration, the Article and the Bylaws of the Association. Section 3. Voting rights. Owners, including the Declarant, shall be entitled to one vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that vote, but in no event shall more than one vote be cast with respect to any Lot nor shall any vote be divided. The voting rights of any Owner may be suspended as provided for in this Declaration, the Article and the Bylaws of the Association. Section 4. Meetings. Meetings shall be conducted in accordance with the Bylaws of the Kristen Woods Homeowners' Association and RCW 64.38. ARTICLE VIII MANAGEMENTBYBOARD Section I. Expiration of the Development Period. Upon expiration of the Declarant's management authority under Article III, all administrative power and • • 10 authority shall vest in a Board of three directors who must be owners. The Association, by amendment of the Covenants, may increase the number of directors. All Board positions shall be open for election at the first annual meeting after termination of the Development Period. At the first meeting of either the temporary or permanent Board of Directors, the new Board shall adopt Bylaws. The Declarant will make copies of the Bylaws available to Lot Owners upon request. Section 2. Terms. The terms of the Board are defined in the Bylaws. Section 3. Powers of the Board. All powers of the Board must be exercised in accord with the Bylaws. The Board, for the benefit of all the Properties and the Lot Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation but not limited to: (a). Insurance. Obtain policies of general liability insurance. (b ). Legal and Accounting Services. Obtain legal and accounting services if necessary to the administration of the Association affairs, administration of the Recreational Area within the Plat, or enforcement of this Declaration. (c). Street Lighting. Pay all costs of operating and maintaining street lighting. (d). Maintenance of Lots. If necessary, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to preserve the appearance and value of the Properties or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refuse to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot for the cost of such maintenance. (e). Discharge of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the Properties or against the Recreational Area within the Plat rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jointly and severally liable for the cost of discharging it and any costs or expenses, including reasonable attorney's fees and the costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot responsible to the extent of their responsibility. • (Q. Securitv. Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots constituting the residential community created on the Properties. (g). Right to Contract. Have the exclusive right to contract for all goods and services, maintenance, and capital improvements provided, however, that such right of contract shall be subject to Association approval. 11 (h). Right of Entry. Enter any Lot when reasonably necessary, in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot 24 hours prior to such entry. Such entry must be made with as little inconvenience to the Owner as practicable, and any damage caused thereby shall be repaired by the Board if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot) If the repairs or maintenance activity were necessitated by the Owner of the Lot entered, in which case the cost shall be specially assessed to that Lot. If the emergency of the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be specially assessed against the Owner of the other Lot. (i). Promulgation of Rules. Adopt and publish rules and regulation governing the members and their guests and establish penalties for any infraction thereof. (j). Declaration of Vacancies. Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three consecutive regular meetings of the Board. (k). Employment of Manager. Employ a manager, and independent contractor, or such other employees as the Board deems necessary and describe the duties of such employees. (I). Payment for Goods and Services. Pay for all goods and services required for the proper functioning of the Recreational Area within the Plat and the Association. (m). Impose Assessments. Impose annual and special assessments. (n). Bank Account. Open a bank account on behalf of the Association and designate the signatories required. (o). Legal Actions. Commerce legal actions for the enforcement of these covenants or any other legal action that the Board of Directors deems necessary for the protection of the Plat. The Board also has the authority to defend against legal actions initiated against the Association. 12 (p). Exercise of Powers. Duties and Authorities. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing herein contained shall be construed to give the Board authority to conduct a business for profit on behalf of all Owners or any of them. ARTICLE IX LAND USE RESTRICTIONS Section 1. Residential Restrictions. All lots within the Properties shall be used solely for private single-family residential purposes. Each residence must have a private enclosed car shelter for not less than two cars. No single-family structure shall be altered to provide residence for than one family. No Lot in Kristen Woods shall be further divided. Section 2. Property Use Restrictions. No Lot shall be used in a fashion that unreasonably interferes with the other Owners' right to use and enjoy their respective Lots. The Board, the Committee designated by it, or the Declarant during the Development Period, shall determine whether any given use of a Lot unreasonably interferes with those rights; such determinations shall be conclusive. Section 3. Prohibition Of Nuisances and Untidy Conditions. No noxious or offensive activity or condition shall be conducted on any Lot nor in the Recreational Area, nor shall anything be done or maintained on the Properties which may be or become an activity or condition which unreasonably interferes with the right of the other Owners to use and enjoy any part of the Properties. No untidy or unsightly condition shall be maintained on any property. Untidy conditions shall include, but are not limited to, publicly visible storage of wood, boats, trailers recreational vehicles and disabled vehicles of any kind. Section 4. Fences, Walls & Shrubs. Fences, wall or shrubs are permitted to delineate the lot lines of each Lot, subject to ( 1) The approval of the Architectural Control Committee and (2) determination whether such fences, walls or shrubs would interfere with utility easements reflected on the face of the Plat and other easements elsewhere recorded. No barbed wire or corrugated fiberglass fences shall be erected on any Lot. All fences, including chain link fences, open and solid, are to meet the standards set by the Committee and must be approved by the Committee prior to construction or installation. No fences shall be constructed in the front yard or front setbacks. Fences or rails shall be erected and maintained at the top of any area where they create a vertical or nearly vertical retaining wall or slope over three feet (3 '). Section 5. Temporary Structures. No structure of a temporary character or trailer, recreational vehicle, basement, tent, shack, garage, barn, or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanately. No vehicles parked in public right-of-way may be used temporarily or pemianately for residential purposes except as provided in Article VI. Section 6. Mining. No oil drilling, oil development operations, oil refilling, quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted on or in any Lot. No derricks or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Oil storage for residential heating purposes is permissible of the storage tank is buried. 13 Section 7. Signs. No signs, billboards, or other advertising structure or device shall be displayed to the public view on any Lot except one sign not to exceed five square feet in area may be placed on a Lot to offer the property for sale or rent. Signs also may be used by a builder to advertise the property during the construction and sale period. Political yard signs of a temporary nature will be allowed on Lots during campaign periods. Within five days of the occurrence of the election, such signs must be removed from Lots. The Board may cause any sign placed on Properties in violation of this provision to be removed and destroyed. Section 8. Animals. No animals other than dogs, cats, caged birds, tanked fish, and other conventional small household pets may be kept on Lots. Dogs shall not be allowed to run at large. The Owner or other person accompanying the animal shall remove animal waste deposited on lawns, sidewalks, trails and right-of-way. All animal pens and enclosures must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this section, the Board will give the Owner 10 days' written notice of the violation. The Owner must remedy such violations within 10 days. Failure to comply with the written notice will result in a fine of $25 per day. The Association shall be entitled to attorneys' fees for any action taken to collect such fines in accord with the provisions of Article XIII, Section 4. ARTICLE X BUILDING RESTRICTIONS Section 1. Building Materials. Homeowners who do not have Easley Property LLC., or the contractor Easley Property LLC., designated to construct homes for it ("Easley Property LLC., Contractor) shall be obliged to use materials of a quality equivalent to those materials which Easley Property LLC., Contractor has utilized for the construction of homes in the Plat. If inferior materials are utilized, the Committee will require that such materials be replaced. The (1) grade of materials and (2) price of materials shall be relevant considerations in determining whether the materials equivalent quality. Section 2. Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local • • 14 government authority and written approval of such pem1its from the Board, Architectural Control Committee or the Declarant. The Committee must approve the plans for all construction or alternation proposals (see article XII). Section 3. Codes. All construction must conform to the requirements of the State of Washington, Uniform Bodes (building, mechanical, plumbing) and the City of Renton codes and requirements, in force at the commencement of the construction, including the latest revisions thereof. Section 4. Time of Completion. The exterior of any structure, including painting or other suitable finish and initial landscaping, shall be completed within eight months of the beginning of construction so as to present a finished appearance when viewed from any angle. The construction area shall be kept reasonably clean during the construction period. Section 5. Entry for Inspection. Any agent, officer or member of the Board, Committee, or the Declarant may, at any reasonable predetermined hour upon 24 hours notice during the construction or exterior remodeling, enter and Inspect the structure to determine if there has been compliance with provisions of this Declaration. The above- recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created as easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections. Section 6. Contractor. No home may be constructed on any Lot other than by a contractor licensed as general contractor under the statues of the State of Washington without the prior approval of the Committee. ARTICLE XI UTILITIES Section I. Antennas. No radio or television antennas, transmitters or parabolic reflectors (satellite dish antennae) shall be permitted unless approved by the Committee. ARTICLE XII ARCHITECTURAL CONTROL Section I. Architectural Control Committee. {Committee"). Upon termination of the Development Period, the Board shall appoint a Committee. The Committee shall consist of not less than three and not more than five members. It is not a requirement that members of the Committee be (I) Owners or (2) members of the Association. During the Development Period, the Declarant may elect to exercise and perform the functions of the Committee. If the Declarant elects not to perform this function, or at any time elects to no longer perform this function, the Declarant or the Board shall appoint the Committee to function as herein provided. After termination of the Development Period, the functions of the Committee shall be performed by the Board until such time as the Board shall appoint and designate the Committee. The Committee shall be appointed within a month of the election of the Board following the termination of the Development Period. 15 Section 2. Jurisdiction and Purpose. The Committee or the Declarant shall review proposed plans and specifications for Residences, accessory structures ( e.g., garden sheds, tools sheds, doll houses, tree houses, gazebos, and playground equipment), fences, walls, appurtenant recreational facilities ( e.g., hot tubs, spas, basketball courts, basketball hoops, tennis courts, swimming pools, bath houses, animal pens, or enclosures), or other exterior structures to be placed upon the Properties. No exterior addition or structural alteration may be made until plans and specifications showing the nature, kind, shape, height, materials, and location of the structure or alteration have been submitted to and approved, in \',Tiling, by the Committee. The Committee also shall review proposals to change the exterior design and location of the proposed structure, alteration, or color change harmonize with the (I) surrounding structures, (2) surrounding natural and built environment, and (3) aesthetic character of other homes in the Plat. Section 3. Membership. The Committee shall be designed by the Board. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obligated to fill a vacancy on the Committee unless the membership of the Committee numbers less than three persons. Section 4. Designation of a Representative. The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee or a Committee member with respect to both ministerial matters or discretionary judgments. Section 5. Donation of Time. No member of the Committee shall be entitled to any compensation for services performed on behalf of the Committee. Committee members or representatives shall have no financial liability resulting from Committee actions. Section 6. Address of the Committee. The address of the Committee shall be the registered office address of the Association. Section 7. Voting. Committee decisions shall be determined by a majority vote by the members of the Committee. Section 8. Submission of Plans. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The =itten submission shall contain the name and address of the Owner submitting the plans and specifications, identify of the Lot involved, and the following information about the proposed structure: (a) The location of the structure upon the Lot; (b) The elevation of the structure with reference to the existing and finished Lot grade; ( c) The general design; ( d) The interior layout; ( e) The exterior finish materials and color, including roof materials; ( f) The landscape plan; (g) Other information which may require in order to determine whether the structure conforms to the standards articulated in the Declaration and the standards employed by the Committee in evaluating development proposals. 16 Section 9. Plan Check Fee. All individuals submitting plans to the Committee shall be obliged to pay a reasonable plan check fee to cover the administrative costs of reviewing such development proposals. It will be necessary to pay the plan check fee upon submitting plans and specifications for Residences. A fee of $25 will be charged for the review of other structures. Section 10. Evaluating Development Proposals. The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. In addition to such standards, in evaluating development proposals, the Committee shall determine whether the external design, color, building materials, appearance, height configuration, and landscaping of the proposed structure harmonize with (1) the various features of the natural built environment, (2) the aesthetic character of the other homes in Kristen Woods, and (3) any other factors which affect the desirability or suitability of a proposed structure or alteration. The Committee will not approve temporary or non- permanent structures. Committee determinations may be amended by a majority vote of Committee members. Section 11. Exclusions. The Committee is not required to review plans and specifications for homes constructed by Eastey Property LLC., or Eastey Property LLC., Contractor. Section 12. Approval Procedures. Within 30 days after the receipt of plans and specifications, the Committee shall approve or disapprove the proposal structure. The Committee may decline to approve plans and specifications which, in its opinion, do not conform to restrictions articulated in this Declaration or its aesthetic standards. The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall return the plans and specifications to the address shown on the plans and specifications. 17 Section 13. Compliance with Codes. In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The Committee has no responsibility for ensuring that plans and specifications which it reviews comply with local building codes and requirements. The Committee shall be held harmless in the event that a structure which it authorizes fails to comply with relevant building and zoning requirements for any defect in any plans or specifications which are approved by the Committee nor shall any member of the Committee or any person acting on behalf of the Committee be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee. Section 14. Variation. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to ( 1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the event that the variation will not ( 1) detrimentally impact on the overall appearance of the development, (2) impair the attractive development of the subdivision or (3) adversely affect the character of nearby Lots. Granting such variations shall only be granted if the Committee determines that the variation would further the purposes and intent of these restrictions. Variations shall only be granted in extraordinary circumstances. Section 15. Enforcement. In any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party's attorneys' fees, expert witness fees, and other costs incurred in connection with such legal action or appeal. (See Article XV, Section 4.) ARTICLE XIII GENERAL PROVISION Section 1. Covenants Running with the Land. These covenants are to run with the land and be binding on all parties and persons claiming under them for a period of 30 years from the date these covenants are recorded, after which time the covenants shall be automatically extended for successive period of 10 years unless an instrument signed by a majority of the individuals then owning Lots has been recorded which reflects their intent to amend the covenants in whole or in part. Section 2. Amendment. This Declaration and the Bylaws may be amended during the initial 30-year period if 51 percent of the members vote to amend particular provisions of either instrument. This Declaration may be amended during the Development Period by any instrument signed by both the Declarant and the Owners of 51 percent of the Lots, including those owned by the Declarant. The provisions expressly referring to the Declarant may not be amended without the Declarant' s approval. All amendments must be filed with the office of the King County Records Department or its successor agency. These covenants may not be amended to limit or eliminate the 18 responsibility for maintaining the common storm water facility without the prior approval of the city of Renton. Section 3. Enforcement. The Association, the Board, or any Owner shall have the right to enforce, by any legal proceeding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 4. Attorneys' Fees. In the event that it is necessary to seek the services of an attorney in order to enforce any (1) provision of this Declaration or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be obliged to pay any attorneys' fees incurred. If the Owner fails to pay such fees within 60 days, such fees shall become a lien against the Owner's Lot. In any legal action commenced in order to enforce the provisions of this Declaration, the prevailing party shall be entitled to recover all reasonable attorneys' fees and expert witness fees incurred in order to enforce the provisions of this Declaration. The prevailing party shall also be entitled to recover all costs. Section 5. Successors and Assigns. The covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns. Section 6. Sever ability. The invalidity of any one or more phrases, clauses, sentences, paragraphs or sections hereof shall not affect the remaining portions of this Declaration of any part thereof. In the event that one or more of the phrases, clauses, sentences, paragraphs or sections contained herein should be invalid, this Declaration shall be constructed as if the invalid phrase, clause, paragraph or section had not been inserted. IN WITNESS WHEREOF the undersigned, being the Declarant herein, has hereunto set his hand and seal this day of _______ . ____ _ Richard Mulcahy Benson Trails, LLC Declarant By: __________ _ Its Managing Member STA TE OF WASHINGTON COUNTY OF KING ) )ss, ) 19 On this day of , before me, the undersigned, a notary public in and for the State of Washington, personally appeared Michael Davis, Managing Member ofEastey Property, LLC a Washington Limited Liability Company, the company that executed the within and foregoing instrument, 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 and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first written above. Notary Public in and for the State of Washington Residing at: ______________ _ My commission expires: _________ ~ 20 EXHIBIT A LEGAL DESCRIPTION - To be inserted METES AND BOUNDS LEGAL DESCRIPTION To be inserted Printed: 09-03-2009 Payment Made: • CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA09-111 • City of R P:--_ enton "11111no o-. _ ·-iv1s1on Receipt Number: R0903770 Total Payment: 09/03/2009 04:06 PM 1,000.00 Payee: JENNIFER KURTH #5064 Current Payment Made to the Following Items: Trans Account Code Description Amount 5012 000.345.81.00.0009 Final Plat 1,000.00 Payments made for this receipt Trans Method Description Amount Payment Check 5064 1,000.00 Account Balances Trans Account Code Description Balance Due ------------------------ 3021 303.000.00.345.85 Park Mitigation Fee .oo 5006 000.345.81.00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .oo 50ll 000.345.81.00.0008 Prelim/Tentative Plat .oo 5012 000.345.81.00.0009 Final Plat . 00 5013 000.345.81.00.0010 PUD . 00 5014 000.345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .oo 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00.0014 Rezone .00 5018 000.345.81.00.0015 Routine Vegetation Mgmt .oo 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 Temp Use, Hobbyk, Fence .00 5022 000.345.81.00.0019 Variance Fees . 00 5024 000.345.81.00.0024 Conditional Approval Fee .00 5036 000.345.81.00.0005 comprehensive Plan Amend .oo 59-09 000.341.60.00.0024 Booklets/EIS/Copies .oo 5941 000.341.50.00.0000 Maps (Taxable) .00 5954 650.237.00.00.0000 DO NOT USE -USE 3954 .00 5955 000.05.519.90.42.l Postage .oo 5998 000.231.70.00.0000 Tax .oo Remaining Balance Due: $0.00 Denis Law Mayor June 29, 2009 Attn: Contract Surety CBIC Bonds Insurance P.O. Box 9272 Seattle, WA 98108-0271 Subject: Release of Bond Sandhu, Wetland Monitoring, (Project Number L02CG408) City of Renton Land Use Number LUA08-147 Bond # LC0860 To Whom It May Concern: This letter will serve as authority to release the above-mentioned bond in the amount of $14,778.00. This bond was posted with King County (successor the City of Renton) on behalf ofKulwant and Santokh Sandhu on August 8, 2003. The original security device is enclosed for your files. If you have any questions, please contact Laureen Nicolay at ( 425) 430-7294. Sincerely, ~-f uc:hi{4tf Jennifer Henning Development Services Director Cc: Laureen Nicolay Linda V,./ eldon, Accounting Assistant File LUA08-147 Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov Jun lb u~ u1n:oa t\.U1wam -'.':>ananu t:/Jit: In voice No.; 82840 Date: 5/20/2009 Branch: SPB , To: KULWANT S. & SANTOKH K. SANDHU 13989 SE 159TH PLACE RENTON, WA 98058 . Principal: '-tLVLLVVVLV 1 ... 1.\ \'; lie, :-.1 ·..:1cl I' Cl. !k\o,; l.j_:'"'l"J ".'.".111k. \\ ,1, :1x1·:ci.:C"' -:~(l{q 11::-:. '.' ]()(, :~(HI;-7(,5-C"lll( I :o,:,:, (,:<:-13:'it, F.\\ Bond No: LCOB60 05 LU: SRE RU: REt\JEWAL INVOICE Agent Code:00000 Effective Date of Bond: 7/30/2009 -- KULWANT S. & SANTOKH K. SANDHU ~ SBG No.: 13989 SE 159TH PLACE C: AOOOO AENTON, WA 98058 SAA Transaction Code: 6 Obligee: Code No.; I 20033 I SAA Class Code: 796 """ coo,,-y o,n omw, & rn,oaoum.c 1' flv.State: WA 900 OAKESDALE AVE SW Bond Type: PUBLIC SUl301VIS10N BONDS· ALL I RENTON, WA 980551219 j ' Bond Amount: $ 14,778.00 Premium Rate: 1.50 ~/~ Original Contract Amount: 14,778.00 Commission Rate: ~/fl Final Contract Amount: 14,778.00 Type of Rider N/A .Change in Contract Amount: -- Premium Amount $ 222.00 Commission: Other: Amount Due: s 222.00 l'vls.;.:,\('C{.\l'.:-US; (Ht6R9 AFOOOO 13 5-20-9'2 /!bit: ~ llmne Office: Camra.::t.luretv UBVaiiey Street P.O. !lax 9271 Srmt:le, WA 98J09--0271 (206) 626-7200 (800) 765-CBJC National (205) 682-155S FAX (800) 950-1558 FAX Toll Free :Eastern Wamingtm,: Nortll 901 Monroe SU!te 340 Spobne, WA99201 (509) 326-ZU4 (800) ~66-CBIC Natianal (509) 325-4462 FAX (8 00) 469-4462 FAX Toll Free Subdivisi.0111 & Maintenance Bond Instructions/Exoneration and Release Form Please Read! ~ Subdivision .. plat and mahr.tenance bands ari, non-cancelable bmuis. Thus, you will need tD obtain a written release from the ob~ee "listed rm the bond ftmn (i.e., ctty ur county) to be relieved of your obligations urnler the brmd. Set forth below :is a rele<Ue form that is "cceptable to CBIC. Please note that you will be required to pr,;y the appropriate premtum each year the band rem.o'in.s in effect, in accordance with C8IC's filetl rates. EXONERUJON AND RELEASE • \'\'HE.REAS, ~ acol 5ar.tok;;b h~ , a.s Principal, and CO!'l"TRA.CTORS BONDING Al\1D INSt]RANCE COMPANY, as Srnety, executed Bond No. (,<!,. O"iSlp() on ~ 6'_'1-12"'-V:1:'( i: 1''i',Li dor/~-~ the sum of /:'o,cj:f'f:Y) tfu:>U':l"' Kl.' 6'2-\1"'::f:\ . . . _. . dnlla:rs (S / 4, '7 7''[.CO ) to~~ ~ 4"0,., ~ CJ{J ()t; f.v as oblige&.-ror the Sc<..nclb:Q ~d., (VH::\J)~ ; 3'.°d WHEREAS, the obligee has determined that all ·cerms of said__.\,..,)(;{1""'"-"4..,/VL'--"-'"-"/11,-'-~'-'-ic-l"'®"'-'~9Jl':::::~---have now been complied with to the satisfaction of the oblige,.; NOW, THEREFORE, Bondi.lo. L<!D~l...O is hereby exonerated, and CONTRACTORS BONDING AND INSURANCE COJv!PANY is released of all obligations and liaJility thereunder. DATED this N q \-1-\ BY: TITLE: ~~-----~--- Laureen M. Nicolay From: Ann Nielsen Sent: To: Monday, March 23, 2009 10:14 AM Laureen M. Nicolay Cc: Subject: Jennifer T. Henning; Rocale Timmons Ann out sick today Hey Laureen, I'm out of office today -sprained or strained my ankle yesterday so I can't walk and have dr. appt this afternoon. Will get prognosis and should be in office tomorrow so I'll give you a call then and we can discuss. Thanks! ROcale -yup, thanks on March/May catch! I got email back from Bob Johns, will fill you in tomorrow as well. From: Laureen M. Nicolay Sent: Monday, March 23, 2009 9:49 AM To: Ann Nielsen Cc: Jennifer T. Henning Subject: Opinion on wetland compliance options Good Morning Ann, Below is a letter we are planning to send to Mr. Sandhu. Mr. Sandhu's wetland violation file was transferred to us from the County and Mr. Sandhu contacted us for release of his mitigation performance bond. Jennifer thought I should check some legal issues with you before sending out our response letter. In short, Mr. Sandhu has sold a large portion of the property where monitoring is required--a legally separate lot--to another party. I will give you a call later today or tomorrow with more details. Thank you, Laureen March 23, 2009 Kulwant Sandhu c/o Sandhu Properties LLC 27013 Pacific Highway S #353 Des Moines, WA 98198 Subject: Process for Exchange ofWetlaud Buffer Restoration Bond Required by King County for Maintenance and Monitoring Surety, File No. L02CG408 Bond No. A03BN352, City File #LUAOS-147, Parcel Nos. 6199600320 and 6199600282 Dear Mr. Sandhu: In order for the City to exchange your $14,777.83 wetland impact mitigation performance bond for the required wetland maintenance and monitoring surety device, all King County conditions of the approved mitigation plan must be met. Step 1: Completion of wetland mitigation installation: City staff conducted a site visit last month and determined that your mitigation installation project is largely complete. However, we still need to have you install the required wetland 1 .signage per plan sheet WI of the app plan by April 30, 2009 and let us kn. dB-Twelve mitigation plan. Please inst hen this has been done. ze signs as required by the approved Step 2: Provide the City with a draft contract for maintenance and monitoring of the wetland mitigation plantings, signage, and fencing: Both City and County regulations require maintenance and monitoring of wetland impact mitigation areas. A draft (followed by a final) maintenance and monitoring contract (or contracts) for our review prior to execution of the contract shall be provided. Your draft (unsigned) contract with a biologist to monitor the condition of the wetland must be for a minimum of 5 years and the contract must include quarterly monitoring reports for the first year and annual reports thereafter. The biologist may also be contracted to provide any needed plant, signage or fence replacement or you may contract with a different contractor to perform this work. The scope of the contract must clearly cover the cost of plant maintenance and replacement as well. The language in the contract must also guarantee that "structures, improvements, and mitigation perform satisfactorily for a period of5 years" (e.g. add provisions for plant replacement and weed removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan: Sheet Wl and dated June 2003 and the B-Twelve "Wetland and Buffer Mitigation Plan Notes" dated June 26, 2003. Mr. Kulwant Sandhu March 23, 2009 Page 2 Step 3: Snbmit a final signed contract for maintenance and monitoring of the wetland mitigation plantings, signage, and fencing: Once the City has given approval of the draft contract(s) (Step 2), please submit a final contract(s) signed by both the property owner and the biologist/contractor(s). Step 4: The City will contact with you with the required amount of the surety device(s). The surety amount will total 125% of the costs to guarantee satisfactory performance for a minimum of five years Step 5: Provide the City with an Acceptable of Maintenance/Monitoring Surety Device: The surety device needs to be in the form of cash or a letter of credit or irrevocable set aside letter on your bank's letterhead. Step 6: Release of performance bond: City release of $14,777.83 wetland impact mitigation pe,formance bond. Step 7: Begin maintenance and monitoring period: Once you contact us and we are able to verify the installation of your wetland signage, the minimum 5-year maintenance and monitoring period will begin. Step 8: Quarterly maintenance and monitoring for 1'' year: Please submit monitoring reports to the attention of Laureen Nicolay. Step 9: Ongoing maintenance and monitoring for a minimum of 5 years: Please submit future year's monitoring reports to the attention of Laureen Nicolay. Step 10: Verification of project success: Your wetland biologist visits the site and verifies in writing that the site complies with the final success standards. Please provide this letter to the City along with Step 11, below. Step 11: Request for release of monitoring/maintenance surety: Submit written request to City for release of maintenance and monitoring surety device to the attention of Laureen Nicolay. 2 .Step 12: Surety release: The City· success standards. ,ow release the maintenance and monito · ~urety device upon compliance with 3 Mr. Kulwant Sandhu March 23, 2009 Page 3 • • Please submit all requested information to the attention of Laureen Nicolay and if you have any questions regarding this letter, please feel free to call me or Laureen at 425-430-7200. Sincerely, C.E. Vincent, Planning Director Department of Community and Economic Development cc: Contractor's Bonding and Insurance Company P.O. Box 9271 Seattle, WA 98109 Nickerson Street Associates, LLC 5701 First Avenue S Seattle, WA 98108 City File #LUA08-14 7 enclosures Laureen Nicolay, Senior Planner City of Renton Development Planning 1DSS S. Grady Way Renton, WA 98057 (425) 430-7294 phone (425) 430-7231 fax lnicolay@rentonwa.gov 4 Laureen M. Nicolay • From: Jennifer T. Henning Sent: To: Wednesday, June 10, 2009 10:48 AM Laureen M. Nicolay; Chip Vincent Subject: RE: Sandhu Wetland Sign Inspection I visited the Sandhu site today, and verified that the wetland signs have been installed. Crews were out working on the site, and it no longer looks abandoned. From: Laureen M. Nicolay Sent: Tuesday, June 09, 2009 4:44 PM To: Chip Vincent; Jennifer T. Henning Subject: Sandhu Wetland Sign Inspection Mr. Sandhu says he has now installed the required 8 signs along his wetland boundary. The only copy of the approved mitigation plan is leaning on my cubicle wall. He would like an inspection (ASAP of course). Who can do this please? Laureen Nicolay, Senior Planner City of Renton Development Planning 1055 S. Grady Way Renton, WA 98057 (425) 430-7294 phone (425) 430-7231 fax lnicolay@rentonwa.gov 1 July 6, 2009 Denis Law Mayor Jonathan Kurth Viking Bank 4 Nickerson Street Suite 200 PO Box 19087 Seattle WA 98109 SUBJECT: Jonathan: Sandhu Final Plat: King County File No.L03P0027 Renton File No. LUA 08-147 As the utility construction phase of this project moves towards completion, the following items are required to be completed before the public works utility permit can be signed off and recording of the plat can be completed. Please use this letter as a project closeout checklist to keep your project moving smoothly through the City procedures. These items include: 1. Submittal of the enclosed Final plat application. Please contact Jennifer Henning at 425-430-7286 if you have any questions. 2. Completion and installation of all utility, drainage, paving, striping, grading, lighting, signs, fences, landscaping, recreation equipment, and street improvements for the project. This includes completion of all outstanding punchlist items as requested from the Utility Inspector and/or the City Maintenance Crews. The construction permit must be signed off by the inspector, Pat Miller prior to recording of the plat. 3. Completion of all items in the construction stage required in the Hearing Examiner's Report and any conditions subject to final plat recording. 4. Acceptance letter from Soos Creek Water and Sewer District for the water and sewer. 5. Bill of Sale and Cost Data Inventory: These documents must be prepared and submitted to the City for review, approval and recording for all improvements being turned over to the City. 6. Utility Easements: If applicable, are required for any publicly or privately owned and maintained infrastructure on the site, that are not a part of the plat. These must be submitted, approved, and recorded. Please submit all easements for our review and approval before signing and notarizing by the property owner. We will return for final signature and notarization once the legal description and easement forms have been approved by our Technical Services Section. JI 09.021.doc Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov 7. As-Built Concerns: The construction permit plan mylars must be checked-out from the sixth floor Public Works counter and updated or replaced with a complete As-Built plan set. All plan sheets, including those constructed per design, must be verified, stamped and signed as "As-Built" by a licensed surveyor or engineer. The mylars are labeled "As-Built" in large block letters and stamped by a PE or PLS. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all storm drainage and street improvements. Once the above have been addressed, submit one set of As-Built blue lines of the civil drawings to my office. The inspector will be review the blue lines and if all is in order I will call for the civil mylars to be returned. These final mylars must be submitted for our permanent records. 8. After the construction permit is signed off by the inspector, a Maintenance Bond or Assignment of Funds must be posted with the City for 10% < ·---·s to be turned over to the City. The original construction bond will WO()/d, \/o L) ,ce bond is accepted by the City. y I °'-t...L. ""'~ ~ ; 11 \.c The above items are required to be completed b '-.l>'A OS-l~1 ~~ ~'e,.. nit and prior to recording of the plat. The project closeout items che Plan Review Section. Coordination between the city, property ll-\4.V\ K r is essential. Please note that review and approval may take several I v -430-7216 with any 100. questions you may have. Thank you for your coo1 Sincerely, £:~ Plan Review Development Services Division Attachment cc: Kayren Kittrick -Development Engineering Supervisor Pat Miller -Construction Inspector Jennifer Henning -Current Planning Manager Chris Clausing - File -LUAOS-147 JI 09-021.doc ~Mb<t.r Denis Law ___ M:ay:oc ______ .. si; ti June 29, 2009 Attn: Contract Surety CBIC Bonds Insurance P.O. Box 9272 Seattle, WA 98108-0271 Subject: Release of Bond Sandhu, Wetland Monitoring, (Project Number L02CG408) City of Renton Land Use Number LUAOS-147 Bond # LC0860 To Whom It May Concern: This letter will serve as authority to release the above-mentioned bond in the amount of $14,778.00. This bond was posted with King County (successor the City of Renton) on behalf ofKulwant and Santokh Sandhu on August 8, 2003. The original security device is enclosed for your files. If you have any questions, please contact Laureen Nicolay at ( 425) 430-7294. Sincerely, ~-f (Tc:hi,{4tty Jennifer Henning Development Services Director Cc: Laureen Nicolay Linda Weldon, Accounting Assistant File LUA08-147 Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov vur1 1v v.;;;, vu. 1va l!bic ~ Hom,, Ofiii:e: Contract: .'iuretv UlHValiey Street P.O. llox 9Z7l "TLVLLVVVLV Smttle, WA 96109-CJZ?J (206) 6Z&-7Z0D (800) 7 65-Cl!IC NatiOnal (206) 682-1558 FAX (800) 9SO-l556 FAX Toll Free E.aster:n Washmgtml: North901 Momoe Suitt 340 Spolcme, WA 99201 (509) 326-2244 (800) 368-~IC Natioml (509) 325-4462 FAX (800) 469-4462 FAX Toll Fi:ee Subdivis:ioi11 61: Maintenance Bond Instructions/Exoneration and Release Form Please Read! Subdivision,. plat and mJmtenance bonds ar,, non..cancelable bonds. Thus, you wUI nud to obtain a written release from the oblige, listed 1111 the bond f<mn (i.e., d:ty ur cmmty) to be relieved of your obligations under the bond. Set forth below is a release form truit is ,,:;ceptable to CBIC. Ple,:ise note tha.t you will be. requi:red tn pr.y the appmprurte prermum each year the band remdns in effect, in accordance with CBIC's fi.led rates. EXONERUION A.ND RELEASE 't: WHEREAS, ~ acol <>(Lc.f::ot:b c)~ , as Principal, and COJ\J"'TRA.CTORS BONDING Al\.'D INSl}RANCE COMJ.>ANY, as Surety, executed Bond No. L <!...0-.S(e() on kw:r:4N4 f:,sQ.''"'Y>l:'>{ e l''eJM OQl~~-~thesumof i=ot!d~ tb-ou':)c. rd., tSeV"2--V"\ . . -... ctollars(S }4,'77~.co )to ~~~,;;ux;l ~ UtJc>f.~ as oblige¢-rorthe So...nd.N l,tl'MY)A?\, Mt::bl~ ; ~d WHEREAS, the obligee has determined that all ·terms of said --'1""v(f)""'".,.4""rv{,'-'"""'-"r,,.,c.,.:.~9 1"'Af'i"'-'"'9"'---~---have n.ow ·oeen complied with to the satisfaction of the oblige,.; NOW, THEREFORE, Bond )io. L<!.D~l.o.O is hereby exonerated, and CONTRACTORS BONDING AND INSURANCE COMPANY is released of aD obligations and lia,illty thereunder. DATED this ;;) q t I"'\ OBLIGEE BY: TITLE: -----~----~.----------- Jun 16 09 08 15a Kulwant Sandhu t:bit: Invoice No.: 82840 Date: 5120!2009 Branch: SPB To: KULWANT S. & SANTOKH K. SANDHU 139B9 SE 159TH PLACE RENTON, WA 98058 -Principal: . 4252268328 Bond No.: LC0860 LU: SAE RU: 05 p.1 I:, I_\ V; lk; '.',! ·.:<.'l I' 0. lk,~ 4:''1 ",.,:.111~-\\",\ .·1~1 :,).:['."" REr1JEWAL INVOICE Agent Code:00000 Effective Date of Bond: 7/30/2009 -- KULWANT S. & SANTOKH K. SANDclU ~ SBG No.: 13989 SE 159TH PLACE C: AOOOO RENTON, WA 9BOS8 SAA Transaction Code: 6 Obligee: Code No.: I 20033 I SAA Class Code: 796 KING COUNTY DEPT DEVELOP & ENVIROMENTAL ~E Flv.State: WA 900 OAKESDALE AVE SW I Bond Type: PUBLIC SUBDIVISION BONDS· ALL I RENTON, WA 980551219 ! Bond Amount: $ 14,778.00 Premium Rate: 1.50 !'.!/~ Original Contract Amount: 14,778.00 Commission Rate: ~,,n Final Contract Amount: 14,778.00 Type of Rider: N/A ..Change in Contract Amount: -- r Premium Amount $ 222.00 Commission: Other: Amount Due: s 222.00 ------·---.~- MSt:, ... CC[.O:!-US :00689 AFOOO() 13 5· 20-99 ® IGng County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton, WA 98055-1219 Financial Guarantee Activity No. _A_0_3_B_N~3~5_2 ________ Bond No. LC0860 Name of Project Sandhn Location/Address of Project 12044 SE 1841h Street Bond Project No. L02CG408 Amount $14,778 ----------------------c"-"--'-'--':c..::....~--~-----C on tractors Bonding and We __ K_u_l_w_a_n_t_S_._s_a_n_d_h_u ___________ , as Principal and Insurance Company a corporation organized and existing under and by virtue of the laws of the State of __ W_a_s_h_i_n~g'-t_o_n _____ ,and legally doing business in the State of Washington, as Surety, are held and firmly bound unto King County, State of Washington, as Obligee, in the penal sum of Fourteen Thousand, Seven Hundred Seventy-eight and 0/100 dollars for the payment of which we firmly bind ourselves, and our legal representatives, successors and assigns,jointly and severally. THE CONDITION OF OBLIGATION is that: 1 , The Principal has executed an "Agreement" entitled "Sensitive Area Restoration Agreement, a copy of which is attached hereto and incorporated herein by this reference. 2, Under the provisions of the Agreement, the Principal is required to furnish a guarantee to secure the Principal's compliance with the terms of the Agreement. 3, This Surety Bond is intended to secure the Principals' performance of work and payment of fees in accordance with the associated Agreement. IT IS FURTHER EXPRESSLY PROVIDED that: 1. Until written release of this obligation by King County, this bond may not be terminated or cancelled by the Principal or Surety for any reason. 2. The obligation of the Surety shall not be discharged or affected by any extension of time for the Principal's performance of this Agreement or by any amendment of the engineering plans used for construction of the project. The Surety hereby waives notice of any such extension or amendment. The obligation of the Surety shall, in no event, exceed the penal sum hereof unless the Surety has expressly consented to any change, modification or extension of the Agreement and has issued its written adjustment of the penal sum, signed by the Principal and Surety. 3, Upon failure of the Principal to perform any of the terms of the Agreement, The Surety shall either perform the terms of the Agreement or shall tender to the County the amount which the County estimates necessary to effect compliance with the terms of the Agreement. The County estimate may not be challenged or otherwise disputed by the Principal or Surety. Any funds provided by the Surety in excess of that expended to remedy noncompliance with the Agreement will be returned to the Surety upon completion of the remedial work and payment of outstanding fees. 4. In the event that this project becomes part of an incorporated area, King County may transfer its rights and obligations under this Surety Bond and the associated Agreement to any successor jmisdiction without notice to the Surety or Principal. The rights and obligations under this Surety Bond are for the exclusive benefit of King County. Except as otherwise expressly provided herein, the rights and obligations of King County under this Surety Bond may not be assigned, hypothecated or transferred for any purpose. It is the APPLICANT'S/PRINCIPAL'S responsibility to notify King County of any change in address, phone number, or change of ownership of property. It is the APPLICANT'S responsibility to arrange for replacement of any/all financial guarantees prior to a change of ownership occurs. . A03BN352 Page 2 of2 PRINCIPAL: Kulwant S. Sandhu and 7 30 03 Signature Date Date Eric Attorney-in-Fact Title 1~'1 i1 .SE rs-1 ~L ~008 LiReGlH Girele SE Title P .0. Box 9271 Mailing Address Mailing Address Renton, WA 9805~ Seattle, WA 98109-0271 Phone Number (206) 628-7200 Phone Number PLEASE ATTACH A POWER OF ATTORNEY FOR SURETY AND COMPLETE THE FOLLOWING FOR THE PRINCIPAL State of Washington, County of King . . _ ~ h.(,A.., I certify that I know or have seen satisfactory ev~e that f:1{A; { {) ~ i,,f\cl signed this instrument and acknowledges it to b&er free and voluntary act for the uses and purposes mentioned in t~isr4~t. ,,,~,.\i .......... "~.{',,, <:j "y . 0 ? ~ .,.,Oil o;. .. ,. ~ :> (Notary Sea'? or Pm!,) \ Dated: ----"----'------r-t-----r-,;t_g...--~---! ~~ ~ SignatureofA)taryPublic:Jliiwif4Vt:tJi,LJ -.._ P1J1\.'(, .. :: /)~ I ~ 'S, -~ • .-.~ T' 1 · ~~ ... _,CH, .. 't.'/_~<:.$ 1t e. --'-"'-"'-''-"--1-------,--C~~------- ~"""~ :;.. .. -.ff>,,,, 3 I &I {/ .;> .,,,,! OF w ,.si\,,,, My appointment expires: ' · I ' ,,,,,,11111\\\\\ ---~------------ Financial Guarantee Activity Number: ____________ _ SURETY.doc (10/99) A03BN35~ Limited Power of Attorney Home Office: 1213 Valley Street PO Box 9271 Seattle, WA 98109-0271 (206) 628-7200 KNOW ALL MEN BY THESE PRESENTS that CONTAACTORS BONDING AND INSURANCE COMPANY. a corporation duly organized and existing ullder the laws of the State of Washington. and having its principal office in Sealtle, King County, Washington, does by these presents make, consll1ute and appoint ERIC SJRKIN, of Seallle, Washington, its true and fiNlful Attorney-in-Fact, with full ~er and authority hereby conferred in its name, pla::e and stead, 10 execute, acknowledge and de!iver on behalf of !he Company any and all tonds and undertakings at suretyship given for any purpose, provided, however, that no Attomey-in-F~t shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of $6,000,000. and provided, further, that no Attorney-in-Fa:! shall have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with a penal sum in excess of $6,000,000; and lo bind the Company thereby as fully and lo !he same extent as if such bonds were signed by the President, sealed with the corporate seal of the C.ompany and duty attested by its Secretary; hereby ratifying and COl'lfirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions cdopted by the Board of Directors of the CONTRACTORS BONDING ANO INSURANCE COMPANY on September 8, 1998: RESOtvED that the President of the Company is aulhorized to appoint any person as the Compa,y's true and lawful Attorney-in-Fa:! with power and authority to execute a,d deliver on behalf of the Company arr, and all boods ,;11d undertakings of suretyship given for any purpose, subiect to such limits as shall be determined by the President of the Company; provide::!, however, that no such person shall be authorize::! to execute and deliver any bond or undertaking that shall obligate the Company for WJY portion of the pe11al sum thereof in excess of $10,000,000, and provided, further, that no Attorney-in-Fact shall have lhe authority to issue a bid or proposal bood for any projed where, if a contract is awarded, any bond or undertaking would be required with penal sum in excess of $10,000,000. RESOLVED FURTHER that the aulhortfy of the Secretary of the Company to certify lhe authenOCity and effectiveness of the foregoing resolution in any Limited Power of Attcmey is hereby delegated to tl'le lollowing persons. the signature of any of the following IO bind the Company wilh res peel to the aithenticity and effeciiveness of lhe foregoing resolutioos as if signed tly the Secretary of the Company: Donald Sirkin, Steven A. Ganes, John Pieprzny, John D. Minto, Larry A. Byers, Chris Reburn, Mark NCXTia April Rohrer, and Brian Schick. RESOLVED FURTHER that the signatures (including certification that !he Power of Atlomey is still in force and effect) of !he Presiden~ Notary Public and person certifying aithenticity and effectiveness. ~ the corporate and Notary seals appearing on any Limiled Power of Attorney contaioing !his and the foregoing resolutio,s as well as the Limited Power of Attorney itself and its transmission, may be by facsimile; and such Limited Power of Attorney shalt be deemed an original in all aspects. RESOLVED FURTHER that all resolutions OOOpted prior to today appoioting the atove named as Attorney-ill-Fact for CONTRACTORS BONDING ANO INSURANCE COMPANY. are hereby superseded. IN WITNESS WHEREOF, CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signe::I by its President and its corporate seal to be hereto affixed this 18th day of June, 2002. CONTRACTORS BONDING AND INSURANCE COMPANY Sy; Steven A. Gaines, President STATE OF WASHINGTO~OUNTY OF ~NG On this 18th day of June. 2002, pe1SOnally appeared STEVEN A. GAINES, to me known to be the President of the corp:1ration that execute::! the foregoing Limited Power of Atlomey and acknowledged said Limited Power of Attorney to be the free and voluntary act and deed of said COl'pOl'alion, for the uses and purposes therein mentiOne::1, and on oath stated that he is authorized to execute the said Limited Power of Attorney. ___ .......... HLJ'',,, ~-..:,. ~· ..... ~.o...!.\ IN WITNESS WHEREOF, I have heret.1nto set my hand and aff.xed my official sea! the day and year first above written. .:'a'" /~s.101t f';_ •• v.>, ,, :~..-~ ..,,..._s, : :'~ t,\OTAFl°'f \! ; , :u -rn: ~ \ \ F\Jm.lC / J \">~ .. 7-9.x,'>_ •• ·::#/ •,,·~~~/ ,,,,,, ................ --· The underaigned, ~g under aulhorify the Board of Directors of CONTRACTORS BONDING ANO INSURANCE COMPANY, hereby certifies, as or in lieu of t.ertificate of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing is a full, true and correct copy of !he Original Power of Attorney issued by said Company, and does hereby further certify that the said Power of Attorney is still in force and effect GIVEN endec my hand ,1, __ S=-e=-a=t.::t=l-=e--'--'-W-'-A;_ __ , ~is ___ 3=-0=-t=-hc:.... __ dayof, __ _;;J__;U_;;' l:..y _____ . 20_0_3_. PoaES01.11-US061802 ® King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton, WA 98055-1219 SENSITIVE AREA RESTORATION AGREEMENT AGREEMENT Number A03BN352 Project/Permit Number and Name L02CG408 -Sandhu Guarantee Amount $14,778 Site Location/Section 12044 SE 184~ Street This AGREEMENT is made and entered into this '? \·1' day of A-4.,~.v.1J ~~~~~~~~~~~' 20~, (Effective date) between the King Coun~y~D-;~rtment of Development and Environmental Services, hereinafter called the COUNTY, and the above named applicant, hereinafter called APPLICANT. All references in this AGREEMENT to the APPLICANT shall include the APPLICANT and its successors and assigns. All references in this AGREEMENT to the COUNTY shall include King County and its successor political jurisdictions. @asis for AGREEMENT:! WHEREAS the undersigned APPLICANT seeks to record the above-referenced subdivision or obtain issuance of the above-referenced permit; and WHEREAS the COUNTY will permit recording of the subdivision or issuance of the permit upon agreement by the APPLICANT to, among other requirements for this project, complete all terms of this AGREEMENT; NOW THEREFORE, the APPLICANT hereby agrees and binds itself and its legal representatives, successors, and assigns, as follows: Terms of the AGREEMENT: 1. The APPLICANT shall fully install all sensitive area and/or buffer mitigation measures required pursuant to the above referenced Project/Permit by the time specified by the COUNTY, (unless approved in writing by DDES). Installation shall be in accordance with the approved sensitive area and/or buffer mitigation plan including any approved amendments or extensions thereto, and in conformance with applicable COUNTY ordinances, standards, and specifications. All improvements shall be installed to the satisfaction of the Director of ODES or his/her designee. 2. The APPLICANT shall fulfill all other requirements of King County Code 21A.24 and other Codes and regulations applicable to the project, even if these requirements are not set forth in this AGREEMENT. 3. The COUNTY must approve (in writing) any APPLICANT proposed change of work from the approved plans prior to beginning such work. 4, Prior to beginning construction, a pre-construction conference shall be held with the COUNTY, the APPLICANT and the APPLICANT 1 s contractor(s). s. The APPLICANT shall be responsible for costs of any corrective work on or off the site to the extent that such corrective measures are associated with work performed and/or not completed. 6. The APPLICANT shall implement all necessary erosion-sedimentation measures/facilities to ensure sediment-laden water does not enter natural or human- made drainage facilities and will maintain them until such time as erosion potential is past. In the event erosion and sedimentation is observed and upon written notice by King County, the APPLICANT shall immediately take corrective actions to prevent erosion on or off the site. 7. mitigation mitigation thereafter following. The APPLICANT shall notify the COUNTY in writing upon installation of the plan measures. Within 60 days after COUNTY inspection approves installation, the APPLICANT shall submit as-built drawings, and shall submit monitoring reports by or before October 31st in every year A03BN~ ~ ;,.) Sensitive Area Restoration Agreement Page 2 8. The APPLICANT shall perform monitoring and maintenance as set forth in the mitigation plan so as to create healthy growing conditions for three years after the COUNTY approves installation. If the project site does not meet the performance standards established in the mitigation plan, the COUNTY may extend the monitoring period until those performance standards have been met. 9. Prior to the COUNTY' s approval and authorization of construction, the APPLICANT shall post a financial guarantee in the above amount and in a form approved by the COUNTY to guarantee compliance with all terms of this AGREEMENT. The financial guarantee shall remain in force and effect until written release by the COUNTY. The APPLICANT' s obligation to perform work and pay fees and other amounts is not limited to the amount of the associated financial guarantee. 10. Any failure on the part of the APPLICANT to proceed with due diligence and in good faith in the construction, maintenance, and/or monitoring work provided herein shall, upon notice by the COUNTY, constitute a default of the terms of this AGREEMENT. 11. The APPLICANT shall reimburse the COUNTY for all direct and indirect costs necessitated by this AGREEMENT, including and inspection fees pursuant to Title 27 of monitoring and inspection fees pursuant to Title or abatement. but not limited to plan the King County Code, 27.02.080, and corrective review hourly action 12. The APPLICANT hereby grants the COUNTY the right to enter and inspect the project site, and, in the event of any failure to perform terms of this AGREEMENT, to implement such corrective measures as the COUNTY deems necessary. 13. The obligations to install, maintain, and monitor the mitigation measures set forth in the mitigation plan shall run with the land. 14. The APPLICANT shall be responsible for the proper performance, safe conduct and adequate policing and supervision of the project. This responsibility shall not be lessened or otherwise affected by the COUNTY' s review of plans, specifications, or work, or by the presence at the work site of the COUNTY' s representative(s), or by the compliance by the APPLICANT with any requests made by said representative(s). 15. The APPLICANT shall indemnify and hold the COUNTY and its agents, employees and/or officers harmless from and shall process and defend at its own expense all claims, damages, suits at law or equity, actions, penalties, losses, or costs of whatsoever kind or nature, brought against the COUNTY arising out of, in connection with, or incident to the execution of this AGREEMENT and/or the APPLICANT's performance or failure to perform any aspect of the AGREEMENT. Provided, however, that nothing herein shall require the APPLICANT to hold harmless or defend the COUNTY from any claim arising from the sole negligence of the COUNTY'S agents, employees and/or officers. 16. In the event that any party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action or proceeding shall be brought in a court of competent jurisdiction situated in King County, Washington. 17. This Agreement shall remain in effect and the associated financial guarantee shall not be released until three years after installation is approved by the COUNTY and performance standards set forth in the mitigation plan have been met to the satisfaction of the Director of DDES or his/her designee. IN WITNESS THEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. :~_Lr_c_ANT--~"----'--'--~--"-==--~£=--k=~d/4~_-TITLE , ___ O"'"'---"I.JJ'----'h,h)-"""-"'---- DATE , __ ....,~_-_..,&_~~6"-->~----- fo~County ~' -~ ) /) BY, ------."~;:;<'-Ll.L:"-"".-=-i'F=~'-f'"---'(k...,?f/,'-:__.:..__.../ ____ TITLE '--------------,-t/\1. DATE, ________ ...1.1c____::...__,.{~)-~°_,2_"""------- Received ACTIVITY NUMBER-------------------------- A03BN352 CITY -.F RENTON o~"'<\'. Y o~ + ~ + Department of Community and ~ Economic Development ,,lc'. -1~ Denis Law, Mayor Alex Pietsch, Administrator ,r~N~(Y;,-'-------------------------~ December 18, 2008 Kulwant Sandhu c/o Sandhu Properties LLC 27013 Pacific Highway S #353 Des Moines, WA 98198 Subject: Process for Obtaining City Approval of Release of Surety for Wetland Buffer Restoration Required by King County, File No. L02CG408 Bond No. A03BN3S2, City File #LUA08-147, Parcel Nos. 6199600320 and 6199600282 Dear Mr. Sandhu: Thank you for your inquiry regarding the status of your restoration bond that King County transferred to Renton because of the recent annexation of your property. The City will now be taking over the finalization of your mitigation project. In order for the City to release the $14,777.83 wetland impact mitigation bond required in response to non-permitted grading/filling within a Class 2 wetland buffer that occurred in 2002, all King County conditions of the approved mitigation plan must be met. The City requires written documentation from a qualified wetland biologist that all mitigation plantings and the required sign age and split rail fence have been installed per the approved B-Twelve mitigation plan (Sheet WI and dated June 2003 and the B- Twelve "Wetland and Buffer Mitigation Plan Notes" dated June 26, 2003. Work should also be consistent with Sheets C.1 through C.5 of the "Sandhu Wetland Mitigation" plans prepared by Stiefel Engineering and approved by King County on July 15, 2003. The biologist's report must also verify that the completed mitigation project complies with the approved standards of success listed in the B-Twelve "Wetland and Buffer Mitigation Plan Notes" dated June 26, 2003. Please send the biologists report by February 27, 2009 to the attention of Laureen Nicolay in Development Planning as it is in both our interests to expeditiously finalize this 6-year old case. -------10_5_5_S_o_ut_h_G_ra_d_y_W_a_y_--R-en-to_n_,_W_a_sh_in_g_to_n_9_8_0_57 _______ ~ @ This paper contains 50''.·0 recycled material, 30% post consumer AHEAD OF Tf!E CURVE ·- Mr. Kulwant Sandu December 18, 2008 Page 2 Ifwe do not receive the biologist's report by February 27, 2009, we will need to use your bond to contract with an outside firm(s) to complete the outstanding mitigation items. If you have any questions regarding this letter, please feel free to call me or Laureen Nicolay at 425-430-7200. Sincerely, C.E. Vincent, Planning Director Department of Community and Economic Development cc: Lisa Brandt, King County Carol Rogers, King County Contractor's Bonding and Insurance Company P.O. Box 9271 Seattle, WA 98109 Nickerson Street Associates, LLC 5701 First Avenue S Seattle, WA 98108