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Home My WebLink AboutReport 1• CITY OF RENTO~ DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: December 8, 2016 To: City Clerk's Office From: Sabrina Mirante Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office I Project Name: -- --=;i Rolling Hills Townhome Binding Site Plan LUA (file) Number: LUA09-153, BSP I I Cross-References: AKA's: I I Project Manager: I ' I [ Acceptance Date: November 24, 2009 I Applicant: Pat Simmons, KC DDES Land Use Service Owner: Contact: I I PID Number: 2892600038 I I ERC Determination: Date: I 11 Aeeeal Period Ends: I Administrative Decision: Date: Anneal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: i Anneal Period Ends: Date Appealed to Council: By Whom: Council Decision: Date: I Mylar Recording Number: Project Description: 15-LOT BINDING SITE PLAN TRANSFERRED FROM KING COUNTY PRIOR TO RECORDING. FOR TOWNHOUSE CONSTRUCTION. NOW ZONED R-10 BUT VESTED TO KC STANDARDS LOG IN NOTES: The incomplete file was transferred from the County prior to recording. Nothing in the file indicates that the County had made a decision on the plat. There are, however, lots of County redlines regarding the need for legal description correction and noting that multiple easements need to be extinguished. The townhomes have already been built, but are not yet depicted on the plat map. Because many of the easements run through the building pad portions of the lots, the townhomes are likely constructed over portions of the easements that have not yet been extinguished. The site also contains a stream with a reduced 16-foot buffer, but no critical areas report or monitorina info has been orovided to us. ·-------------,,, There is also no docum1 .tion establishing a homeowners a~ .iation, though many plat notes indicate that the various tracts are to be maintained by the association. j Location: 16819 113th Lane SE Comments: ERC Determination Types: DNS -Determination of Non-Significance; DNS-M -Determination of Non-Significance-Mitigated; OS -Determination of Significance. ii Laureen M. Nicolay To: Cc: • Jennifer T. Henning; Kayren K. Kittrick Jan Illian ' Subject: Rolling Hills Townhome Binding Site Plan -LUA09-153 -Needs assignment This incomplete file is now logged in. The partial project file was transferred from the County prior to recording. Nothing in the file indicates that the County had made a decision yet on the plat. There are, however, lots of County redlines regarding the need for legal description correction and noting that multiple easements need to be extinguished. The town homes have already been built, but are not yet depicted on the plat map. Because many of the easements run through the building pad portions of the lots, the town homes are likely constructed over portions of the easements that have not yet been extinguished. The site also contains a stream with a reduced 16-foot buffer, but no critical areas report or monitoring info has been provided to us. There is also no documentation establishing a homeowners association, though many plat notes indicate that the various tracts are to be maintained by the association. LCN!M'ee,n, Nlcoia:Y, Seru'.or Pla..nner City of Renton Planning Division 1055 S. Grady Way Renton, WA 98057 (425) 430-7294 phone (425) 430-7231 fax lnicolay@rentonwa.gov 1 Laureen M. Nicolay From: Carrie Olson Sent: To: Wednesday. January 26. 2011 11 :46 AM Laureen M. Nicolay Subject: RE: Landscape surety for Rolling Hills Townhomes? No, nothing for landscaping that I know of. Ca.yrle, K.04on, Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 colson@rentonwa.gov 425-430-7235 Office 425-430-7300 FAX From: Laureen M. Nicolay Sent: Wednesday, January 26, 2011 10:59 AM To: Carrie Olson Subject: Landscape surety for Rolling Hills Town homes? Have anything at all for this? County no·. B02L1601 and/or B0310075 LOUM"ee,y\/ N~, Se,n.ior P~ City of Renton Planning Division 1055 S. Grady Way Renton, WA 98057 (425) 430-7294 phone (425) 430-7231 fax lnicolay@rentonwa.gov 1 Online Search & Report Page I of2 HOME NEWS SERVICES DIRECTORY CONTACT ~--------~ / Search I ID[)IE§ King County Department of Development and Environmental Services · j You're in: ODES » Permit information » Online permit search » Permit at a Glance'. SHARE! PRINT I SITEMAP ODES Permit information Getting started Types of permits Site-specific issues Applying & fees Public notices Inspections Records / permit history Online permit search Reports Billing notes Category descriptions Status definitions Permit routing definitions Search tool improvement Special interest FAQ Maps & property research Forms & publications Codes, policies & growth management Code Enforcement Business licenses About I contact us Site map Permit at a Glance Enter permit '. L08FRo 3-2-··-·--: or file number:, ______________ ... or Parcel ID number (PIN): .. J (6-10 digits, e_g., 2123069016) -1 .. -~ubmicJ ,,.,,,,' ,-" Title I Permit routing I Building inspection I Comments I Related permit activities I -Title TO TOP Details of the permit itself Status definitions Permit Information Contact Information Activity No: LOBFR032 Applicant: JOHN MASTANDREA Status: TRANSFER Title: ROLLING HILLS Permit type: FINAL Sub-type: FINAL-BS Applied/Opened: 08/13/2008 Expiration Date: Completed Date: 03/03/201 o Description: BINDING SITE PLAN FOR ROLLING HILLS TOWNHOME DEVELEPMENT + Permit routing + Building inspection function status + Comments + Related permit activities on parcel Applicant 510 RAINIER AVES address: SEATILE, WA 98144 Assigned staff: SVAN Contractor: Contractor address: Site Information No. Lots: 14 Valuation: $0_00 Location & RN Juris.: Community SOOS CREEK Plan: Comp Plan: URBAN RES 4-12AC Owner: Parcel No: 2892600038 (Unk to Parcel Viewer Map) Link to: Prope[!y Report Districts Report iMap For more information about categ6ries and statuses used on reports, see: Category descriptions for a list composition types and sub-types for each report grouping_ Also refer to each permit type for additional details_ Status definitions for general definitions for statuses such as pending, approved, finaled, etc_ http ://info .king county. gov /property /permits/PermitG lance/(S( z3apr5zrlh5 vz4yde5zsvlep)... I 1/04/20 I 0 Online Search & Report . Search and reports on DDES permits and activities Permit at a Glance 17 projects or actions filed with DOES for parcel no· 2892600038 A/P/D NO. Type Urban/rural Title Applied Status L08FR032 FINAL UM ROLLING HILLS 08/13/2008 TRANSFER 807F0482 FIREPERM UM CONTR:GLOBAL 09/04/2007 FINALED DEVELOPMENT BR000690 BLDRECRD UM N/A 01/21/2005 RECORD BR000692 BLDRECRD UM N/A 01/21/2005 RECORD BR000691 BLDRECRD UM NIA 01/21/2005 RECORD BR000693 BLDRECRD UM N/A 01/21/2005 RECORD B03M2102 VAR-ADJ UM I ROLLING HILLS 10/20/2003 GRANTED ROAD VARIANCE LO~Q1204 G-INSPCT UM I ROLLING HILLS I 08/26/2003 TRANSFER TOWNHOMES i$12,464 REST FG A03BN406 BOND UM I 08/12/2003 RELEASED ' L03Sl247 INSPECT. UM 'B02L 1601/ROLLLING 08/12/2003 COMPLETE HILLS TWNHMS A03BN408 BOND UM 1$67,479 LAND PERF 08/12/2003 CANCELED A038N407 BOND UM $19,413 WETL PERF 08/12/2003 CANCELED --· -·----- B03F0173 FIREPERM UM CONTR:TBA 04/11/2003 FINALED 80310075 LS-MAINT UM NIA 03/20/2003 TRANSFER B02L 1601 DWELLING UM ROLLING HILLS 09/12/2002 TRANSFER -TOWNHOMES-3RD EX A02PM029 PREAPP-M UM MASTANDREA 05/10/2002 COMPLETE CONDOMINIUMS A02P0010 PREAPP-0 UM MAST ANDREA 01/15/2002 COMPLETE CONDOMINIUM'S ---· Urbcin/Rural description: Applicant JOHN MAST ANDREA MASTANDREA JOHN MAST ANDREA, JOHN MASTANDREA, JOHN MASTANDREA, JOHN MASTANDREA, JOHN MICHAELR. MASTRO PROPERTIES LEGEND DEVELOPMENT LLC $12,464 REST FG LEGEND DEVELOPMENT LLC $67,479 LAND PERF $19,413 WETL PERF MASTANDREA, JOHN LEGEND DEVELOPMENT LLC LEGEND DEVELOPMENT LLC JOHN MASTANDREA JOHN MASTANDREA AC: ACTIVITY CENTER; AG: AGRICULTURE; CB: COMMUNITY BUSINESS; CO: CMRCL OUTSDE CTR; F: FORESTRY; GB: GRNBLT/SEPARATOR; I: INDUSTRIAL; M: MINING; NB: NEIGHBORHOOD BUSINESS; RN: RURAL NEIGHBORHOOD; RR: RURAL RESIDENTIAL; RT: RURAL TOWN; RX: RURAL CITY UGA; UH: URBAN RES >12/AC; UL: URBAN RES 1 DU/AC; UM: URBAN.RES 4-12AC; UP: URBAN PLAN DEVEL; I Pagel of l Related searches • Parcel Viewer I IMAP • Assessor property search systems • Recorder's Office records search ! Tip: Book'inarks I . I You can bookmark/ add to favorites the Web page of a permit number or PIN you often search to avoid re-entering the number on every visit. Note: Bookmarks will not work if Web site cookies are deleted and do not work with some searches under Billing Notes. 8 O:J-L/Go{ http://info.kingcounty.gov/property /permits/PermitGlance/(S(z3apr5zrlh5vz4yde5zsvlep )... 11/04/20 I 0 /I U)/6 : . . ; · . · )zoY/115: E/iV!f, :· ... :·········· .• ....•.. N~ft1C, .•.... • .... !. . . ~· .··1 ..•....•... ~11~/€M/Yl •....•....•.... . . .. ··• •. ··.· · .. · ... : •: !.. .• • ;·ht#/1/14 · ·~~ · ~ ·: ... ~ ~~~1f~H~~<r!J: c;1'!?. : . ! q~i:(j},.~i~.rrf. .. ..: & ····•·· q.tWA'y\1~ .. f~•····µ~V\66~ ..•.... w~ e,µtJvA-:5.mt f3/1vt ·-·-·-·-•-·~·~-·t_•_•_•_•-·-·-·-·-·-···-·-·-·~-·~-·-·--·-·---·~---_·_-_-_-_._l3Lli~-·- . . . . ~'"~ G~~d: 1 · :1µi~t) • • G~h .1 · tt ~Et~~·· ~ ~ __ .____ ,S!i,?fe!l ~~--------·-$t# i ~:i:.£t~1 rr ·""' . ! . . . . . . . . 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'.1:~:.~.~.¥.Pf:.0.J/:~······ . ····1····: .... ; .... : ... ,J····: .... : .... : .... j ...• \····:····: .... · ···· · ·1·······~~10:···uJJtti!.(A'.~PZf.1·::· r··:····· ·•••••• '. 1 ·········~··················1···················1···················1···················1·········· ·······o···i····f:z@v·····~··~·······~·:6Zf«~+:·:::·· . 1 REAL ESTATE INVESTMENTS, LAND DEVELOPMENT, PROJECT MANAGEMENT Ms. Jennifer Henning, AICP Current Planning Manager City of Renton October 21, 2010 COURIER DELIVERY Department of Community and Economic Development Renton City Hall 1055 South Grady Way Renton, WA 98057-3232 RE: Project Status for the Rolling Hills Binding Site Plan/ Condominium Project 11341 S.E. 168th Street, Renton, Washington King County File Nos. B02L 1601; Activity No. L08SR032 Our Job No. 9856 Dear Ms. Henning: I am enclosing the following information for your use in updating your files and ownership information for the Rolling Hills Bind Site Plan / Condominium Project. 1. One (1) copy of a letter from Washington Federal dated October 12, 2010 from Mr. William L. Glenn, Vice President, Washington Federal 2. One (1) copy of the First American title report dated September 10, 2010 showing the vesting of the project in Washington Federal Savings 3. Certificate of Water and Sewer Acceptance dated January 27, 2009 from Soos Creek Water and Sewer District As you know, this project was submitted to King County Department of Development and Environmental Services (KCDDES) for construction plan approvals (road, storm, and landscape), building permits, binding site plan, and condominium approvals. During the construction of this project this property was annexed into the City of Renton. The project is approximately 95 percent completed, and as a result of a foreclosure, the project is currently owned by Washington Federal. Our firm, along with Powell Homes, has been hired by Washington Federal Savings to be their acting agents and to assess the status of the project regarding items to be completed as well as associated costs. We have already been in contact with Soos Creek Water and Sewer District from whom the previous owner has obtained Certificates of Acceptance (enclosed). Since the project has been idle for some time, and due to the fact that it appears that many of the files from King County which have been forwarded to the City of Renton are incomplete, we are requesting an overall summary letter from the City of Renton (Community Development, Public Works, and Building) regarding the status of the entitlements and items to be completed to finalize this project. 18215 72ND AVENUE SOUTH KENT, WA 98032 (425)251-6110 (425) 251-8782 FAX WWW.NOVASTARDEV.COM Ms. Jennifer Henning, AICP Current Planning Manager City of Renton Department of Community and Economic Development -2-October 21, 2010 If you have any questions or need additional information, please contact me. Thank you. GWP/dm 9856c.001.doc enc: As Noted Respectfully, G. Wayne Potter Vice President cc: Mr. Mr. William L. Glenn, Washington Federal Mr. Todd Powell, Powell Homes (w/enc) Mr. Randy Weber, Novastar Development Inc. Washington Federal. invested here. October 12, 20 I 0 Ms. Jennifer Henning, AICP Current Planning Manager City of Renton Department of Community & Economic Development Renton City Hall I 055 South Grady Way Renton, WA 98057-3232 Re: Agent status for the Rolling Hills Binding Site Plan/Condominium Proposal located at 11341 SE 168th Street, Renton, Washington. King County File #'s B02LI 60 I and Activity# L08FR032 Dear Ms. Henning, Washington Federal is the current owner of the 15-unit project known as the Rolling Hills Binding Site (as referenced above) and has hired Mr. Wayne Potter ofNovastar Development, Inc. and Mr. Todd Powell of Powell Homes as our acting agents. They (and their stall) will be processing on our behalf all necessary documents needed in an effort to obtain all permits and approvals associated with this project. If you have any questions, please contact me PRespectfully, William L. Glenn, V.P. Washington Federal 425 Pike Street Scuttle, WA 98101 206 626 8507 Direct 206 999 4554 Cell Jennifer T. Henning Subject: Location: Start: End: Recurrence: Meeting Status: Organizer: Required Attendees: Optional Attendees: Resources: Rolling Hills 6th Floor Conference Room 610 Tue 10/12/201011:00AM Tue 10/12/2010 12:00 PM (none) Meeting organizer Jennifer T. Henning Jennifer T. Henning; Kayren K. Kittrick; Craig Burnell; Wayne Potter Clarice Martin 6th Floor Conference Room 610 Meeting requested by Wayne Potter to discuss finishing Rolling Hills Binding Site Plan. (See Message Below from Wayne Potter). This project has some colorful history and what makes it even more interesting is that it was approved in King County and then annexed into the City of Renton. My understanding is that the attached townhomes were going to be located and sold on fee simple lots by using the King County binding site plan process. As you know, the project is 95% constructed and has been sitting idle due to legal issues surrounding the foreclosure. ,r:;-~~0~· . Now that our client (Washington Federal Savings) has complete control of the property I have been asked to assess the development entitlements and determine the process and costs associated with finishing the project. Therefore a meeting with you, Kayren, and possibly someone from the building department (since we going to need CO's) would be very helpful. As you suggested, a meeting next Tuesday works fine for me. I will await to receive a confirmation from you regarding that day and time. Do you need anything from us (i.e.: change of ownership, pre-application form, etc.?) . • J~/1/11 flilUJt?'IM-ttL -fvl.Vf tU/tU~. um'fr? amp/-tfed. ihffi':J 2-qJVS-~ ~d~?h-i fW Mfo1 pt,-( ,S~ /J1,tU'lif? . h -_h If~ ,-fr? s hoU4( ~b-CPVI -fwvJ/1.,( ,:;(_ -~1~ ( C,rrVII I?,' t!W'Y f7J Cto/· fh-µlth htlj?p-c:-t,'1-? !) /11,0 /iM if1/J-c#f h..twt« f/1) > ///1~«-J Av?. , u;a,fvv rfc,c,vvv'l'Jvr./ 1 SOOS CREEK WATER & SEWER DISTRICT 14616 S.E. 192nd St. • PO. Box 58039 • Renton, WA 98058-1039 • Phone (253) 630-9900 • Fax (253) 630-5289 Certification of Water Availability for the Plat of: Rollinf! Hills Soos Creek Water and Sewer District certifies herewith that the water system installed in the referencetfplat has been accepted Jo,· mai11te11a11ce and operation. This water 5.ystem has been incorporated into the District's water system and service will be provided to the connecting properties 011 the same basis and under the same contlitiolls tJ::i all other customers of the water d1\1rict. All lots/units within the plat of: Rollin!! Hills 1ww have water available by service connection. A water meter application must be obtained at /ht! Soos Creek Water and Sewer District office prioJ' to co11uectio11 . . /(_Cl, . ~~~~----- Ron Speer ~ District Mmwger cc Local Fire Department Ttll!SdllJ', Ja11uury 27, 2009 Puge 1 uf/ www.sooscreek.com SOOS CREEK WATER & SEWER DISTRICT 14616 S.E. 192nd St. • ro. Box 58039 • Renton, WA 98058-1039 • Phone (253) 630-9900 • Fax (253) 630-5289 Certification of Sewer Availability for the Plat of: Rolling Hills Soos Creek Jflater and Sewer District certifies herewith that rhe sewer system installed in the referenced plat has been accepted for main ten mice and operation. This sewer system has been i11coq1orated into the District's sewer system and service will be pro,,ided to the co111tecting properties on the same basis and under the same co11ditio11s as all other customers of the sewer district. All lots/units within the plat of: Rolling Hills now have sewer available by side sewer connection. A side sewer permit must be obtained at the Soos Creek Water and Sewer District office prior to connection. 7 ~ Jc~ ~~--d- Ron Sp;er / <.?VL District Manager Tt1eJthzy, }(lftuury 17, 2009 Page I uJJ www.sooscreek.com Jennifer T. Henning From: Sent: To: Cc: Subject: Attachments: Importance: Categories: Hi Jennifer, Wayne Potter [wpotter@novastardev.com] Thursday, October 28, 2010 7:01 AM Jennifer T. Henning Kayren K. Kittrick; Todd Powell; Bill Glenn; Tom Barghausen; Sandy Bailey FW: Rolling Hills 14923-CO-Renton-Project Status-2010-10-21.pdf High Red Category As you requested at our meeting several weeks ago. I sent to you the attached letter with the enclosures showing WaFed as the owner of the Rolling Hills project and designating our firm (along with Powell Homes) as the acting agents. Also, WaFed has contracted with the project engineer (Shupe Holmberg) to finish the binding site plan arid the condominium documents. With this said, I wanted to know the best course of action for us to determine the status of: • Building and Fire Marshal permits [including any fee's needed to move forward for final inspections & CO's) • Binding Site Plan and Condominium Plan Review [and associated review fee's; if any). Based on my meeting with Shupe Holmberg, King County provided their first round review comments. • As-builts/Final Inspection for Road and Storm. • Landscape review and approval. • Sensitive Ar~a Plantings -review and approval [and monitoring?). As I mentioned at our meeting, WaFed is committed to finishing this project now that all of the legal issues have been resolved. We are currently working on a punchlist from Soos Creek Water (1-year maintenance) and should have that completed within the next week or so which will allow us to have the water meter's installed so that we can finish the units and test the fire sprinklers, etc. In an effort to provide WaFed with an accurate time table for finalizing this project as well as the anticipated costs associated with the City review I would like to have our team meet with you [and other applicable staff) as soon as possible to get answers to the above questions as well as get the project moving towards completion. I realize that the files from King County are incomplete, but Shupe Holmberg has a great deal of history on this project that will be valuable in determining the course of action. Please let me know what works the best for you and staff. Thanks. Respectfully, G. Wayne Potter Vice President Novastar Development, Inc. 18215 72nd Ave. South Kent, WA 98032 1 Office:(425) 251-6110 Direct: ( 425) 656-7 435 Cell: (206) 255-7106 Fax: (425) 251-8782 From: Sandy Bailey Sent: Wednesday, October 27, 2010 11:09 AM To: Wayne Potter Subject: Rolling Hills Sandy Bailey Project Coordinator Novastar Development, Inc. Barghausen Consulting Engineers, Inc. 18215 72nd Ave S Kent, WA 98032 425 656-7400-direct 425 251-8782-fax 2 Washington Federal. invested here. October 12, 20 I 0 Ms. Jennifer Henning, AICP Current Planning Manager City of Renton Department of Community & Economic Development Renton City Hall 1055 South Grady Way Renton, WA 98057-3232 Re: Agent status for the Rolling Hills Binding Site Plan/Condominium Proposal located.at 11341 SE 168th Street, Renton, Washington. King County File #'s 002Ll601 and Activity# L08FR032 Dear Ms. Henning, Washington Federal is the current owner of the 15-unit project known as the Rolling Hills Binding Site (as referenced above) and has hired Mr. Wayne Potter ofNovastar Development, Inc. and Mr. Todd Powell of Powell Homes as our acting agents. They (and their stall) will be processing on our behalf all necessary documents needed in an effort to obtain all permits and approvals associated with this project. If you have any questions, please contact me PRespcctfully, William L. Glenn, V .P. Washington Federal 425 Pike Street Scaulc, WA 98101 206 626 8507 Direct 206 999 4554 Cell " ,. tQ King County King County D.D.E.S. Land Use Services Division 900 Oakesdale A venue Southwest Renton, Washington 98055-1219 DATE: January 22, 2009 PLAT NAME: ROLLING HILLS BSP FILE No.: B02L1601 ACTIVITY No.: L08FR032 The following items must be addressed before final approval is granted and the binding site plan is recorded. If you have questions or need clarifications, please call Steve Van Patten, PLS, Platting Review Engineer, at 296-7197. 1) Need a Plat Certificate dated within 30 days prior to the recording of this BSP. 2) Note: Final Health and Fire Flow shall be addressed at the time of the building permit. 3) Need signatures of all owners and mortgage beneficiaries. Signatures must be originals on the mylar map and notarized. Signatures and notary stamps must be in black ink. 4) Need confirmation that the Homeowners Association (HOA) has been established (incorporated). Please provide a copy of the HOA Document showing the Washington State approval. 5) Please submit the condominium for our review/ approval and sign off. Because this binding site plan is creating fee simple lots, the condominium must record with the binding site plan. 6) Pay all outstanding fees prior to recording. Once all major fees and activities have been addressed, please provide notification to the plat reviewer who will then route to inspection for the "OK To Record" and approval of the landscaping by Jill Schmieder and possible bonding. 7) Regarding the redline comments on all pages: a) Add "City of Renton" to the heading of each page. b) Insert "King County" in front of the DDES file number at the lower left hand comer of each page to clarify that the number is not a City number. 8) Regarding the Redline comments on Page 1 of 3: a) Please add a "PURPOSE OF THIS BINDING SITE PLAN:" note. The note should include verbiage explaining that this BSP is creating single family residential lots that are included in a Condominium. And it should also mention how future legal descriptions for title purposes are to be written. That is -future legal descriptions shall contain both the Binding Site Plan Lot name and the Condominium Unit name. And --also include 1 .• verbiage similar to the following: "to bind all Lots and Tracts shown herein so that they continue to function as one site." b) Recommend revising the dedication to something like the note provided below. At the minimum, please revise the dedication so that it references the city of Renton rather then King County. c) Add "Recommended for Approval" to the development engineer signature line. d) Remove the Division Director approval from the King County Approvals. e) Remove the Finance Division Certificate. f) Add the City of Renton Approval block. You may want to verify with the City the exact verbiage that they currently want. g) Revise King County Council to City of Renton in the Recording Certificate. h) Recommend revising "Plats" to "Condominiums" in the Recording Certificate. The book of plats may be appropriate since this BSP is subdividing single family lots -however, it may be easier to find the recorded BSP in the book of Condominiums. i) Recommend revising the legal description so that it doesn't include verbiage pertaining to Lot B of the BLA. It will also need to be revised in the updated Plat certificate. If the Title Company refuses, then you can leave it as contained in the Title certificate. 9) Regarding the Redline comments on Page 2 of 3: a) Please revise Note 2 so that the HOA will be responsible for the maintenance of Tract A. Having the HOA be responsible for the maintenance of the facilities over the entire site contributes to having the site function as a single site. Something like the following note is recommended: "Tract "A" is a Private Tract for road, utilities and private drainage for the benefit of all lot owners in this Short Plat. Each ownership of a lot in this Short Plat (lots I through 15, inclusive) includes an equal and undivided ownership interest in Tract "A". The Homeowners Association shall be responsible for the maintenance of said Tract "A". However, should the Homeowners Association fail to properly maintain Tract "A", then the lot owners of all lots I through 15 shall be equally responsible for the maintenance of said tract." b) Revise note 3 to the following: "The Road MPS fees per KCC 14.75 and the School Impact fees per KCC 21 A.43 shall be addressed through the building permit application process." c) Revise the references to King County to "City of Renton" in note 4. d) Amend the addressing note number 5 as shown. e) To better bind/ manage the BSP as a single site, please revise "Abutting Lot Owners" to the "Homeowners Association" in note 6 for street trees. f) Revise the sprinkler note number 7 to as follows: "Any future residence constructed within this Binding Site Plan must be sprinkled (NFPA 130) unless the requirement is removed by the King County Fire Marshal or his/her designee." g) Revise note 8 regarding Tract B. The tract should be owned by the lot owners with the maintenance by the HOA. Revise said note 8 to something like the following: "Tract "B" is a Private Tract for Recreation and private drainage for the benefit of all lot owners in this Short Plat. Each ownership of a lot in this Short Plat (lots I through 15, inclusive) includes an equal and undivided ownership interest in Tract "B". The ________ Homeowners Association shall be responsible for the maintenance 2 of said Tract "B". However, should the Homeowners Association fail to properly maintain Tract "B", then the lot owners of all lots I through 15 shall be equally responsible for the maintenance of said tract." h) Include Tracts E and Gin the Tract note 9. i) Recommend that you remove note 11. j) Remove note 12. k) Remove "Private" in note 13. 1) Remove note 15 -it's already on the page as note 4. m) Insert "(SCWSD)" into note 16. n) Remove "by the lot homeowners" from note 17. o) Remove notes 18 and 19. I believe that the City of Renton will want all of the drainage to be privately owned and maintained with the City having the right but not the obligation to inspect, construct and repair them -you may want to verify with the City. Note that the Declaration of Access And Drainage Covenant provided below should address this. p) Revise "Maintained" to "Maintenance" in note 20. q) For note 21, please remove the last sentence regarding King County. I recommend that you add the following to the end of the note: "The Homeowners Association shall be responsible for the maintenance of said Tract "G". However, should the Homeowners Association fail to properly maintain Tract "G", then the lot owners of all lots I through 15 shall be equally responsible for the maintenance of said tract." r) Revise note 22 to the standard note titled "RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS:" provided below. s) Remove the redundant verbiage in the Boundary Note at the lower right comer. I 0) Regarding the Redline comments on Page 3 of 3 ( dated I 0-23-08): a) Remove the tax lot numbers shown on the adjoiner properties. b) Identify/ label the line that you are holding for the Basis of Bearing. It should be a line that is between 2 monuments that you have recovered. Include your measured distance between them if applicable. c) Add the date visited to the found monuments. d) Add the dimensions shown on the street centerlines. e) Add the ad joiner property information. f) Verify the 17' wide utility easement just off-site of the southeast comer of the site. The documents that I saw indicated that it was 15' wide. g) Add the 15' wide BSBL to Tract G. It should be shown in Lots 2, 3 and 4 and in Tract B. h) Add the street name "I 13th Lane SE" to the interior road. i) Add "(Private)" to the interior road. j) Add a 1 O' wide easement between lots 10 and 11. I am not sure what to call it but a suggested terminology is a "No Build Easement". Also see the suggested note provided below which defines what a No Build Easement is. Verify that this will be consistent with the CC&Rs. k) Relinquish the PSE easement under recording number 9904071632 and remove it from the map. It will also need to be removed from an updated subdivision guarantee. 1) Verify and show if the driveway still encroaches into Tract G -see record of survey 9810219010. 3 m) Add the IO' wide private drainage easement in lots 3 and 4. n) Clarify the definitions under the legend. o) Verify the drafting of the IO' SCWSD easement that goes through Tracts G, B and E. It doesn't appear to have a consistent width. 11) Regarding the Redline comments on Page 3 of 3 ( dated 1-07-09): a) Resolve the text/ line conflict in Tract B. 12) Regarding the Plat Certificate: a) Recommend checking with the title company to see if they are willing to revise the legal description. I think it should exclude Lots 7 and 8 and should except out the east 107.22' of the south 100' of lots 3 and 4. b) Work with Puget Sound Energy and relinquish the easement 9904071632-see title exception number 2. c) Add as "Subject To" title exceptions 3, 5, 6, 7, 9 and IO. d) Recommend checking with the title company to see if they can remove Title exception no.8, recording no. 20041220001100 from the title report. It appears to be off-site. e) Verify/ show the encroachments per Title Exception 12, Record of Survey 9707319017. 13) Pursuant to Section 4.4.2.1 of the 1998 King County Surface Water Design Manual, show the location of the I 00 year flood plain (if applicable) or the "Assumed Base Flood Elevation" on the face of the BSP. If the Base Flood Elevation is all contained within the SA Ts, then add the following note: "The Assumed Base Flood Elevation is all contained within the Sensitive Area Tracts." 14) Please provide documentation that the off-site 20' wide drainage easement has been procured from Puget Sound Energy. See sheet C3/6 of the approved site plans. 15) Please provide a copy of the approved landscaping plan and a copy of the approved Tree retention plan. They may be combined into the same plan. It looks like the plans have been reviewed and approved. 16) Please provide an electronic copy of the BSP with the final mylars for King County GIS purposes. 17) Address and return the redlines together with 2 copies of the revised maps. ADD THE FOLLOWING NOTES: Binding Site Plan Note per RCW 58.17.040: All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements and restrictions that may be imposed upon such land and the 4 development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now and hereafter having any interest in the land described herein." Tract Sequential Note: This Binding Site Plan contains tract names that are not sequential. This Binding Site Plan contains Tracts A, B, G and E. All development within this Binding Site Plan shall be in conformance with the site plan approved by King County under File Number B02Ll601, or subsequent site plan approval. For any sale, transfer or lease of any Lot or Tract created pursuant to the Binding Site Plan that does not conform to the requirements of the Binding Site Plan or without Binding Site Plan approval, is a violation of Chapter 58.17 R.C.W. and shall be restrained by injunctive action and be illegal as provided in chapter 58.17 RCW. COVENANTS, CONDITIONS AND RESTRICTIONS: I. This Binding Site Plan (BSP) is subject to the Covenants, Conditions and Restrictions as recorded under recording number . This BSP is also subject to the Covenants, Conditions and Restrictions contained herein which shall over ride and supersede any other past or future Covenants, Conditions and Restrictions created by separate instrument, unless otherwise approved by King County or its successor agency. 2. A Mutual Private Drainage Easement is hereby conveyed to the owners of the Lots I through 15, inclusive, and their successors and assigns, burdening each lot for the benefit of the other lots, over, under and across said lots in their entirety for the purpose of conveying storm water from driveways, parking surfaces, roof drains and yard drains. Said easement is also for the construction, reconstruction and the monitoring and maintenance of the private drainage facilities. Said easement shall not interfere with the 5 normal use and enjoyment of said lots and access to same nor unreasonably encumber the property. The Homeowners Association shall be responsible for the general monitoring, construction and maintenance of these drainage facilities. 3. A Mutual Landscape and Irrigation Easement is hereby conveyed to the owners of the Lots I through 15, inclusive and their successors and assigns, burdening each lot for the benefit of the other lots, over, under and across those portions of said lots set aside for landscaping and grass. The purpose of said easement is to provide for the shared landscaping and maintenance and the costs thereof and to establish some uniformity between all three lots. The Homeowners Association shall be responsible for the general monitoring, construction and maintenance of the landscape and irrigation facilities. DECLARATION OF DRAINAGE AND ACCESS COVENANT The undersigned as Grantor(s), declares that the property contained in this Binding Site Plan is hereby subject to easements for natural or constructed private drainage conveyance systems and hereby dedicates, covenants and agrees as follows: I. With the exception of those portions encumbered by existing buildings, the City of Renton or its successor agency shall have the right to ingress and egress over and across all portions (all Lots and all Tracts) of this Binding Site Plan to access such private drainage easement areas for inspection of and to reasonably monitor the system for performance, operational flows, or defects. 2. If the City of Renton determines that maintenance or repair work is required to be done to the system, the City shall give notice of the specific maintenance and /or repair required. The City shall also set a reasonable time in which such work is to be completed by the Grantor(s), its heirs, successors or assigns. If the above required maintenance and/or repair is not completed within the time set by the City, the City may perform the required maintenance and/or repair. Written notice will be sent to the Grantor(s) stating the City's intention to perform such maintenance. Maintenance work will not commence until at least seven (7) days after such notice is mailed. If, within the sole discretion of the City, there exists an imminent or present danger, said seven (7) day notice period will be waived and maintenance and/or repair work will begin immediately. 3. The Grantor(s) shall assume full responsibility for the cost of any maintenance and for repairs to the system. Such responsibility shall include reimbursement to the City within thirty (30) days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate as liquidated damages. If legal action ensues, the prevailing party is entitled to costs or fees. 4. The Grantor(s) is (are) hereby required to obtain written approval from the City of Renton prior to filling, piping, cutting, or removing vegetation (except in routine landscape maintenance) in open vegetated drainage facilities (such as swales, channels, ditches, ponds, pond, etc.), or performing any alterations or modifications to the drainage facilities 6 contained within said drainage easement. Any notice or consent required to be given or otherwise provided for by the provisions of this Agreement shall be effective upon personal delivery, or three (3) days after mailing by Certified Mail, return receipt requested. 5. This agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and all agreements whatsoever whether oral or written. This covenant is intended to protect the value of desirability of the real property described above and shall insure to the benefit all the citizens of the City of Renton and shall be binding on all heirs, successors and assigns. (Verify that this note is in harmony with the CC&Rs -see comments above.) 10' No-Build Easement and Covenant: As a condition of approval for this Development, a 1 O' wide easement shown herein encumbering a portion of Lots 10 and 11 as "NO-BUILD EASEMENT" shall be a covenant appurtenant to this Binding Site Plan. This covenant and easement prohibits the construction of new buildings and the expansion of any existing building within the easement area unless otherwise approved by the City of Renton. This covenant or easement is hereby binding upon the successors, heirs and assigns of the owners of this Binding Site Plan. Homeowners Association Covenant: The owners of all Lots 1 through 15 inclusive are responsible for providing that the _______ Homeowners Association continues to be a viable and functioning legal entity. Said Homeowners Association shall own and maintain the Tracts and easements as indicated and covenanted 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 15 inclusive, their heirs, successors and assigns. Pursuant to KCC 21A.38.230, an approved Tree Retention Plan is on file with the City of Renton. Lots 1 through 15 within this Binding Site Plan either contain trees that must be retained or must be planted / replaced per said approved Tree Retention Plan. Any proposed clearing, grading or construction activities that will or may impact a significant tree within said Lots must be reviewed and approved by the City of Renton, or its successor agency, for compliance with said Tree Retention Plan. 7 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 the City of Renton, 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 City of Renton, 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 The City of Renton 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. (Recommend revising the dedication to something like the following) DEDICATION: Know all people by these presents that we, the undersigned owners of interest in the land hereby subdivided, hereby declare this Binding Site Plan to be the graphic representation of the subdivision made hereby, and do hereby dedicate the real property described and depicted herein this survey map for Condominium purposes. The drives, walks, roadways and other areas described herein are preserved for the exclusive use and benefit of the Condominium Unit owners. Further, the undersigned owners of the land hereby subdivided dedicate to the use of the Condominium Unit owners all easements and tracts shown on this Binding Site Plan for all purposes as indicated thereon, including but not limited to recreation space, utilities and drainage unless such easements or tracts are specifically identified on this Binding Site Plan or in Covenants as being dedicated, conveyed or reserved for use by a person or entity other then the 8 . . , . Condominium Unit owners, in which case we do hereby dedicate such easements or tracts to the person or entity identified and for the purpose stated. Further, the undersigned owners of the land hereby subdivided, waive for themselves, their heirs and assigns and any person or entity deriving title from the undersigned, any and all claims for damages against the City of Renton, its successors and assigns which may be occasioned by the establishment, construction, or maintenance of roads and/or drainage systems within this Binding Site Plan other than claims resulting from inadequate maintenance by the City of Renton. Further, the undersigned owners of the land hereby subdivided, agree for themselves, their heirs and assigns to indemnify and hold the City of Renton, its successors and assigns, harmless from any damage, including any costs of defense, claimed by persons within or without this Binding Site Plan to have been caused by alterations of the ground surface, vegetation, drainage, or surface or subsurface water flows within this Binding Site Plan or by establishment, construction or maintenance of the roads within this Binding Site Plan. Provided this waiver and indemnification shall not be construed as releasing the City of Renton, its successors or assigns, from liability for damages including the cost of defense resulting in whole or in part from the negligence of the City of Renton, its successors or assigns. This Binding Site Plan, dedication, waiver of claims and agreement to hold harmless is made with the free consent and in accordance with the desires of said owners. In witness whereof we set our hands and seals: Steve Van Patten, P.L.S. Engineering Review Section 9 VanPatten, Steve From: Sent: To: Subject: Ken, VanPatten, Steve Wednesday, December 31, 2008 10:13 AM 'Kenneth Glasby' ROLLING HILLS BINDING SITE PLAN KC FILE NO. 802L 1601 I am reviewing the final BSP on behalf of the City of Renton. Normally for this type of project King County would require the drainage facilities to be privately maintained with an overlying easement/ covenant allowing King County to inspect with the option to maintain. Will the City want the same set up? Or would the City prefer to have the exclusive responsibility to maintain? --Steve 'f(C.. --:P~~~s ;;wl(' --;}_q\; ~ LtlQ~\P 1 soc j .... , ., Florent, Ray To: Kenneth Glasby Cc: Kayren K. Kittrick Subject: RE: Rolling Hills Thank You Ken! Raymond E. Florent, PLS ODES Chief Land Surveyor I Engineer IV Land Use Services Division King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton, WA 98055-1219 (206) 296-6790 Fax (206) 296-6613 Please note my new e-mail address is: ray .floren t@Jkingcounty.gov From: Kenneth Glasby [mailto:KGlasby@Rentonwa.gov] Sent: Tuesday, December 16, 2008 9:33 AM To: Florent, Ray Cc: Kayren K. Kittrick Subject: FW: Rolling Hills From: Kenneth Glasby Sent: Tuesday, December 16, 2008 9:21 AM To: 'Florent, Ray ' Cc: Kayren K. Kittrick Subject: Rolling Hills Request from the county to complete the review the of Rolling Hills is as follows: Page I of2 Since the Final Binding Site Plan was submitted to us after the land was annexed to the City of Renton, we still need to find out if we should be performing the review. It appears that in the lnterlocal Agreement, between the County and the City, that we should not be reviewing the project (a Binding Site Plan). However, if the city considers it an ancillary permit to the building permit or site development plan, whichever one preceded the BSP, perhaps you would allow us complete the review the review and make our recommendation to the City. City of Renton has no abjection considering it as a ancillary permit to the site development plan and is requesting that the county proceeds with the review and making their recommendation to the City. Thank You Kenneth Glasby Engineering Specialist 12/16/2008 soc < ' ' . Development Services Division ( 425) 430-7288 KGlasby@Rentonwa.gQY. 12/16/2008 Page 2 of2 ti King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 206-296-6600 TTY 206-296-7217 www.kingcounty.gov August 27, 2008 John Mastandrea 510 Rainier A venue 1 South Seattle, Washington 98144 RE: Permit Fee Estimate: L08FR032 Rolling Hills Binding Site Plan Permit Type: Binding Site Plan Review Dear Ms. Mantandrea: The Department of Development and Environmental Services (DOES) has implemented a program for managing certain types of permit applications to provide customers with an enhanced level of customer service. The Project Management program seeks to provide customers with increased predictability for the permit process and better accountability from County review staff. For permit applications under Project Management, a project manager is assigned to the permit to facilitate communication with the applicant and provide a fee estimate to cover the anticipated scope ofreview. The project manager will also monitor and manage the permit application throughout the review process to ensure review schedules remain in line with performance standards and the overall work hours are within the range of estimated fees for the project. Your application was received by our office on August 13, 2008 and will be processed by a Project Manager. The enclosed information provides a summary of the fee estimate for the anticipated work disciplines and fee estimate revisions which may affect the permit fees. Please return the signed Acknowledgment Form, page 2 of the enclosure, to my attention at the address specified in the Jetter head. Failure to return the Acknowledgement Form and payment of -the estimated fee within 17 days of the date of this letter may result in the suspension or cancellation of the application. If you have any questions regarding the permit fees, the requirements of the project management program or other aspects of the review process, please contact Ray Florent via email Ray Florent@kingcounty.gov or by telephone at 206-296-6790. ~ ~-------------------- £,1c_ Raymond E. Fl ent ,PLS Chief Land Surveyor Land Use Serv· es Division ti King County Land Use Services Division Permit Fee Estimate Permit Number: L08FR032 . I Date: August 27, 2008 Permit Title: Rolling Hills Binding Site Plan Permit Type: Binding Site Plan Review I Permit Subtype:Final-BS Based on permit information submitted by the applicant, the Department of Development and Environmental Services (ODES) has determined the amount of review fees for the subject application. The fees shown below do not include ancillary permit fees, recording fees, project-related mitigation fees, or other fees that are passed through to the applicant from other agencies or as part of the project's environmental review. Fixed Fees: Counter Service Fee for Application Intake Total Fixed Fees: Estimate for Hourly Fees: (69 Hours x $140) Total Permit Fee Estimate: Less Amount Previously Paid: Amount Due at Application Balance (due immediately): 205.00 205.00 9,660.00 $9,865.00 -8924.00 $ 941.00 Note: The above Estimate for Hourly Fees stated above is based on the total estimated number of hours for your project, not to exceed 69 hours and is calculated using the department's hourly rate in effect at the time the estimate is completed. The total estimated hours and fees reflect work performed by some, or all, of the various disciplines listed on the enclosed Fee Estimating Worksheet. Based upon the enclosed fee estimate revisions, the number of hours required may be modified. Your permit will be billed using the installment plan you select, not to exceed six equal monthly payments. Your first Project Management Statement will reflect the installment schedule to be paid for your permit. You may choose to pay the balance in full or make monthly payments. To avoid finance charges, please submit the minimum payment each month. If you have questions about the billing statement, please call Elaine Gregory, Finance Manager, at 206-296-7139 or the Billing Hotline at 206- 296-6659. PM-Engineering_ Mar08r Page I ti King County Land Use Services Division Fee Estimate Acknowledgment Form and Revision Policy Permit Number: L08FR032 Date: August 27, 2008 Permit Title: Rolling Hills Binding Site Plan Permit Type: Binding Site Plan Review Estimated Maximum Billed Hours: 69 Applicant: John Mastandrea Total Fee: $9,865.00 Not later than 17 days after the date of this fee estimate letter, the applicant must submit a signed copy of this form to DOES, disputing the estimated cost of this permit and thats/he has read the DOES policy relevant to fee estimate revisions stated below. Failure to do so will result in the loss of your right to dispute and appeal the estimate and may result in cancellation of the application. Fee Estimate Revision Applicants are responsible for all fixed fees, reported hours performed in reviewing submittal materials and processing, up to the fee estimate. Changes in the scope of the project review will result in a revised review fee estimate. Fee estimates are based on ·informa\ion submitted to DOES by the applicant prior to finalization of the permit application. In addition, estimates are determined by utilizing historical data gathered from projects of similar type, size, and scope. The fee estimate will be the maximum fee charged unless the scope of the project changes. Should fewer hours be required to complete the review, then the applicant may receive a refund for those hours. If items are identified that are not originally disclosed, a new estimate may be required. Applicants will be responsible for any additional hours identified in a new estimate if: . 1. The applicant fails to provide accurate, complete, or timely information. 2. The applicant fails to disclose a site or development issue that creates the need for additional review that could not have been reasonably anticipated by the Project Manager during the preparation of the previous Fee Estimate. 3. The applicant changes the scope or design of the proposal, creating the need for additional review that could not have been reasonably anticipated by the Project Manager during the preparation of the previous Fee Estimate. 4. The applicant fails to complete the construction of the project in a timely manner, creating the need for additional review, unanticipated by the Project Manager during the preparation of the previous Fee Estimate. · 5. The applicant files an appeal and the Fee Estimate did not anticipate an applicant appeal. 6. The applicant makes a request to separate the review of the project into distinct phases 7. There has been unauthorized construction on the property, including, but not limited to, clearing or grading, or an associated code enforcement case is opened. 8. The King County Council modifies permit fees. 9. The project is modified, such that there is a change in the building valuation and the resulting building valuation fees. Keeping review fees at or below the fee estimate will depend on the applicant's commitment to complete the process review. This commitment should include submitting materials which address all County codes, policies, previously approved conditions, and responding to the County's request for corrections or additional information in a timely manner, not to exceed 90 days. D Accept the Fee Estimate D Dispute the Fee Estimate Applicant/Owner Name (print) Date ·Applicant/Owner Name (signature) PM-Engineering_ Mar08r Page2 tQ King County INFORMATION ON PROJECT MANAGEMENT STATEMENTS, BILLING/PAYMENT REQUIREMENTS, INSTALLMENT PAYMENT PLANS, ACKNOWLEDGEMENT, APPEALS AND FINANCE CHARGES Your application is being reviewed under the Project Management program, you will be provided a budget estimate that is based on historic averages and the information you provided with the application. Once you have received the estimate, it is your responsibility to contact the Project Manager and make arrangements for payment plans. Checks may be made out to King County Finance. Typically 100% of the estimate is due prior to assigning your permit for review. Failure to do this may result in cancellation of your application. The Department may remove your project from the Project Management program under the following conditions: • During proje_ct review, the applicant changes the proposal to such an extent that the project is below the Project Management threshold. • To accommodate State and Federal procurement regulations. • In accordance with other contractual agreements between the Department and the applicant, including but not limited to Financial Guarantees. • The applicant requests and the Department concurs, if the Department determines that no value will be added to the overall project or it creates a redundancy in the Project Management process. • Projects in default as defined by K.C.C. 27 A.20.020. PROJECT MANAGEMENT STATEMENTS: You will receive a monthly statement showing any used hours against the estimate. The statement also lists all fees and any past due amount, installment due or budget adjustments that must be paid by the first of the following month. PAYMENT PLAN REQUIREMENTS: Your permit submittal may qualify for participation in a DOES Finance Section policies installment plan. Under the plan, you must pay an initial amount, typically 50% of the fee estimate plus 100% of fixed fees. The remaining balance will be billed in monthly installments. Each monthly statement will include any past due amounts, current fees, or budget adjustments, and ariy installments due by the first of the following month. · You will be required to pay the 'Total Amount Due' as reflected on the "Remittance Advice" page for your Project Management Statement. Any remaining balance will be billed in equal monthly installments on subsequent Project Management Statements. You may make full payment of the 'Total Balance' reflected on the first page of the Project Management Statement at any time; however you must make the amount due on the remittance advice in order to avoid finance (late) charges. If the project is approved before all of the installment payments are billed, all outstanding balances will be billed on the subsequent statement. FINANCE CHARGES: To avoid finance charges, payment will be required prior to the due date listed on the remittance advice of the statement. Finance charges are assessed on the outstanding delinquent balance. ACKNOWLEDGMENTS AND APPEALS: By checking the Accept the fee estimate box, the applicant/owner accepts the fee estimate provided in this letter and waives the right to dispute the estimate. By checking the Dispute the fee estimate box, the applicant contests the fee estimate and requests a Director review and appeal of the fee estimate. The applicant must return the acknowledgement form accompanied by a statement of facts supporting the dispute to DOES within 17 days of the date of this fee estimate letter. ODES will issue a decision within 14 days of receipt of the applicant dispute. ODES' decision is final unless the applicant files with ODES a combined Notice and Statement of Appeal together with the $50 appeal fee within 17 days after ODES mails the decision. The applicant may only appeal an adverse decision, in which ODES denied all or a portion of the dispute. The appeal is heard by the Hearing Examiner, who will conduct a closed record hearing on the fee estimate appeal. The burden is on the applicant to demonstrate that the fee estimate is unreasonable. If the Hearing Examiner determines that ODES' fee estimate was unreasonable, the Hearing Examiner may modify the fee estimate or provide other relief the Hearing Examiner determines is reasonably necessary. If the applicant is the substantial prevailing party on the appeal, the $50 appeal fee is refunded. The Hearing Examiner's decision is final. Acknowledgement and the required application materials are mandatory prior to the review of the permit application. In addition, you are still required to pay the deposit, current balance and any future installments. Failure to do so will result in finance charges. · PM-Engineering_Mar08r Page 3 ti King County Land Use Services Division Engineering Review Section Printed Date 08/25/08 Project Management Fee Estimating Worksheet Permit Type: F1ila1[Biiidln[Sif8-P1a'n~;~l Prepared For: ·ROlllrig'Hill ToW'ilhorri8S~.:~,'..trtl;-l Permit/PreApp No: NLOBFROITT Permit Type: FINAL Submitted:!()8J13/2008-·~ ... r ~-, .. ;/).#'~~ Subtype; FINAL-BS Fixed Fees: Budge~. Date_Prepared:, iApptiCSbl~ · .. .-,oeScrintion of F.ees · Default H~urs listed-F~~ ··Hours Est: ~~~e'::~ed ·iH~~-~'.Fe/_.:·:-·' -.\~· A':""'"""'Cot1·nterse~at1nta1<e Intake Group B. Fire Flow and Access Type of Permit 21:08'.030 2 27.10.040 Not Applicable D. Forestry/Tree Retention 27.10.090 l'P'i:>~6-o~ Acres Final Surve Review: FR F':""·1'"'SU6fifv'1'Sf . ~"flRS:l'0fi':iVl'8W."' """'*/l/lff:'1"0.20' W/i/ Boundary line adjustment 27 .10.220 Review and Fee Estimate SI c-.\ 2 • Fee est. and Project Management 205.00 ','j','/,1'\' 5 9 !Traffic R8V18w eesr i'R .:. · _ .. ,·.~ •. ~ .. 'l.1,.:...~ ._,._, ·-.!., t : ·. l~OT'Sdpjillft'Staff t:Urr8nt1F!1a'nnin" ·.'ReViiw';FeeS: PR n.:··'L" .. t :. -- ·ti·cararea·!r'reView. 21:10:130· $ 205.00 ~'"'!'Sff 32 rJ:.;r'ef,ff'\ Hrs. 7 piq:,;t,7.i Hrs. 0 fd!','4f:r:D1 Hrs. " 0 li' ... ·;:tl01Hrs. D. Nonresidential review Geotech $725.00 mi;No1:1"i o --o--lP~.! 1 ol Hrs. Streams Wetlands o ~,:.4;.-!'ioJHrs. 0 ~Hrs. Critical Area Estimate after 5 hours: 0 0 Hrs. f..?;rifi~1l Hrs. ~'\l;i]Hrs. N. Other (Shorelines, FPA) 27.10.140 ~!]Hrs. 0. Plans Examiner Review Enter Fixed + plan review fee from Permit Plus: ij~W Total Fixed Fees: $ 205.00 $ ., ! Estimated Review Hpurs Above Base Hours: 69 Hourly Fee: $ 9,660.00 Total Estimated Review Hours: 69 Total Fee Estimate: $ . Update Veraion 061107 Current Hourlv Rate: $ 140.00 JusiifiCBtion .. Initials· ~.;.,,:·"':"'11-{1. 9,865.00 ,-d '. @ King County Road Services Division Department ofTransportation 201 South Jackson Street Seattle, WA 98104-3856 January 6, 2004 Shupe Holmberg 100 Front Street South Issaquah, WA 98027 \ RECEIVED JAN O 9 2004 0 ,,.,MA & HOLMBERG 11'<-- .,,ir.,i RE: Road Variance B03M2I02 -Rolling Hills Townhomes -Related File B02L1601 Dear Mr. Holmberg:. Thank you for submitting your application for a road variance from the King County Road Standards (KCRS). You requested a variance from Section 2.06 of the KCRS concerning the design of a turnaround at the end of a cul-de-sac. An alternative hammerhead tum-around is requested in lieu of an eighty-foot cul-de-sac bulb. We have reviewed the proposal and agree that the proposed hammerhead design will be adequate for the private road accessing this commercial site. I approve a variance to allow the hammerhead turnaround per Chapter 17.04 of the Public Rule on Alternative Fire Access Turnarounds. The Department of Development and Environmental Services Fire Protection Engineer's review and approval of the hammerhead turnaround are also required for this building permit. Access via a curb and gutter section driveway (KCRS DWG. NO. 3-004) would be appropriate for access to this commercial site. The section driveway better delineates the private drive. I approve a variance to allow a curb and gutter section driveway. A copy of the staffs analysis, findings and conclusions is enclosed. If you have any questions, please call Craig Comfort, Road Variance Engineer, Traffic Engineering Section, at 206-263-6109. ~~~erely, M . (' J ' /,,CV: ... ,' ' c;,._1'1/'·~ ' C.,U..<. . . , U[,. .· . . Paulette Norman, P.E. · County Road Engineer i PN:CC:kc · K.C. 0.0.E.S. -~-LoiF~03Z Shupe Holmberg January 6, 2004 Page2 cc: James Sanders, P.E., Development Engineer, Land Use Services Division (LUSD), Department of Development and Environmental Services (DOES) Pete Dye, P.E., Senior Engineer, LUSD, DOES Linda Dougherty, Director, Road Services Division (RSD), Department of Transportation (DOT) Norton Posey, P.E., Acting County Traffic Engineer, Traffic Engineering Section, RSD, DOT Fatin Kara, P.E., Supervising Engineer, Traffic Engineering Section, RSD, DOT Kris Langley, Senior Engineer, Traffic Engineering Section, RSD, DOT Craig Comfort, P.E., Road Variance Engineer, Traffic Engineering Section, RSD, DOT .. King County Road Services Division Department o!Transportation Traffic Engineering Section MS KSC-TR-0222 20 1 South Jackson Street Seattle, WA 98104 January 6, 2004 TO: Variance File FM: Craig Comfort, P.E., Road Variance Engineer, Traffic Engineering Section RE: Road Variance B03M2l02 Rolling Hills Townhomes Applicant's Presentation: 1. The proposed town homes on 15 lots will be at 11335 SE 168th Street and will access off a private road. The Department of Development and Environmental Services (ODES) required a private access road because the project is a binding site plan. The applicant requests that the private access road be allowed to use a hammerhead turnaround design in lieu of an eighty-foot diameter turnaround bulb. 2. With the sensitive area and recreational space requirements, this is a tight site for constructing a private road cul-de-sac bulb. The proposed hammerhead will be consistent with the requirements in "Chapter 17.04 of the Rules and Regulations of the DOES Alternative Fire Access Turnarounds". 3. A hammerhead turnaround design is also in the "draft" KCRS. Staff's Findings and Conclusions: 1. Concurrence with the applicant's presentation. The hammerhead should be adequate for the commercial project. w~- KingCounty Department of Development and Environmental Services 900 Oakesdale Avenue Southwest CERTIFICATI APPLICANT STATUS Renton, Washington 98057-5212 206-296-6600 m 206-296-7217 For alternate formats, call 206-296-6600. Permit Number: Activity Number: _ ... L""o"""--'S..._.8__._R__,,o,::,___,,3=2..-__ Permit Name: FOR INDIVIDUALS: I, John Mastandrea (print name), hereby certify that I am the/an owner of the property which is the subject of this permit. If I am not the sole owner of the property, I certify that I am authorized to represent all other owners of the property. My mailing address is: 510 Rainier Ave South Seattle, WA 98144 206-323-5393 I further certify that I am the "Applicant" for this permit and as such am financially responsible for all fees and will receive any refunds paid. I shall remain the "Applicant" for the duration of this permit unless I transfer m ant" status in writin on the form provided by DOES. * Signature of Applicant Date Signed -OR- FOR CORPORATIONS/BUSINESS ASSOCIATIONS: I, (print name}, hereby certify that I am · an authorized agent of , a corporation or other business association authorized to do business in the State of Washington, which is the sole owner of the property that is the subject of this permit. If this corporation or business association is not the sole owner of the property, I certify that this corporation/business association is authorized to represent all other owners of the property. The mailing address of this corporation/business association is: I further certify that the above named corporation/business association is the "Applicant" for this permit and as such is financially responsible for all fees and will receive any refunds paid. This corporation/business association shall remain the "Applicant" for the duration of this permit unless it transfers its applicant status in writing on the form provided by ODES. * Signature of Applicant's Agent Date Signed * By signing as the Applicant or the Applicant's Agent, I certify under penalty of perjury under the laws of the State of Washington that the information provided above is true and correct. fi5) IE t [E ~ ~J IE ~ ln} AllG 1 3 200B CertApphcantStatusFORM.doc lc-cer-apstat pdf 06/28/2007 Page 1 of 1 K.C. D.D.E.S. .,_ NOTICE TO APPLICANTS: By law, this department returns all engineering and other plans to the applicant. If, however, you wish to authorize the department to return engineering and other plans directly to the engineer, architect, or other consultant for the limited purpose of making corrections, please designate below: [8:1 I authorize this department to return plans directly to my consultant(s) for the limited purpose of making corrections as designated on this form. CONSULTANTS: Baima & Holmberg, Inc. 100 Front St. South Issaquah, WA 98027 425-392-0250 425-391-3055 Fax Check out the DDES Web site at www.kingcounty.gov/permits CertApplicantStatusFORM.doc lc-cer-apstat.pdf 06/28/2007 Page 2 of 2 . ·----·-· fl5) [E ~ [E ~ 'ID [E ~ BINDING SITE PLAN APPLICATION King County ln} AUG 1 3 2008 Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 206-296-6600 TTY 206-296-7217 K.C. D.D.E.S. For alternate formats, call 206-296-6600. BINDING SITE PLAN NO. PRE-APPLICATION NO. Ao2-PMo2-9 APPLICATION NAME r(OLLtN~ \.-\ ,i:Ls :1owN&OME~ DO NOT WRITE ABOVE THIS LINE L(We), the undersigned owner(s) of property numbered opposite my (our) name(s), hereby apply for a Binding Site Permit. STATE OF WASHINGTON COUNTY OF KING I, John Mastandrea , being duly sworn, depose and say that I am a property owner or officer of the corporation owning property shown on Parcel #1 on Assessor's map and I have familiarized myself with the rules and regulations of the Department of Development and Environmental Services with respect to preparing and filing this application and that the following statements, answers, and information submitted present the argument in behalf of this application and are in al espects true and correct to the best of my knowledge and belief. 510 Raineir Ave S Seattle Address WA 98144- City State Zip Code BONNIE M. BABCOCK NOTARY PUBLIC STATE OF WASHINGTON cri~~~~s BindingSitePlanAppFORM.doc lc-app-bsplan.pdf Corporation or Company Name 206 -276 -7124 Telephone Subscribed and Sworn to me this __ 7L· _l"l _____ _ day Ju,aoa ry Notary Public in and for the STATE OF u.Jc. sf,,>,? fon AND RESIDINGAT !fe.,ntm<,.1 t'J.A ) 06/28/2007 , 20 ..,,.0,_,.53',___ __ Page 1 of 1 [~ Other·p·roperty owners included in this application must be listed below opposite a parcel number which is also shown on the Assessor's map and indicates the property owned by each applicant. Attach additional property owner names, if applicable. Parcel 2 -------~--------Name Signature Street Address City State Zip Code '1' Telephone ;b;,, . ,. Parcel-----------'------- Name 3 Signature Street Address City State Zip Code Telephone State below the name, address, and phone number of person or persons to be contacted for further details. John Mastandrea Shupe Holmberg Name Name 510 Rainier Ave S. 100 Front St. South Street Address Street Address Seattle WA 98144 Issaquah WA 98027 City State Zip Code City State Zip Code 206 -276-7124 425 -392 -0250 Telephone Telephone Check out the ODES Web site at www.kinqcounty.gov/permits BindingSitePlanAppFORM.doc lc-app-bsplan.pdf 06/28/2007 Page 2 of 2 "I WHEN RECORDED RETURN TO: John Mastandrea SIO Rainier Avenue S. Seattle, WA 98144 ]l))ECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR ROLLING HILLS TOWNHOMES THIS DECLARATION is made on the __ day of , 2008. Rolling Hills Townhomes parcel number 289260-0038, legally described as follows: Lot A, King County boundary line adjustment number 19810073, recorded under King County recording number 9810219010, said boundary line adjustment being a portion of the following described property: all of lots 3 and 4; except the east 75 feet thereof, and lot 8; except the west 185 feet thereof, all in block 2 green tracts number one, according to the plat thereof recorded in volume 48 of plats, page 1 in King County, Washington DESCRIPTION OF DECLARATION Declarant desires to develop Rolling Hills Townhomes as a residential community. Declarant also desires to provide for the maintenance of landscaping, fencing, and related items, and to provide for the preservation of the natural values in Rolling Hills Townhomes. This Declaration establishes a plan for the private ownership of lots and the buildings constructed thereon, for the dedication of certain areas to municipal corporations, and for the beneficial maintenance through a nonprofit corporation of all the remaining land and related easements, hereafter defined and referred to as the "Common Areas." The nonprofit corporation is the ROLLING HILLS TOWNHOMES HOMEOWNERS ASSOCIATION ("Association"), to which shall be delegated and assigned the duties and powers of maintaining and administering the Common Areas, administering and enforcing these covenants, conditions, and restrictions, and collecting and disbursing the assessments and charges hereinafter created. NOW, THEREFORE, Declarant hereby covenants, agrees, and declares that all of Rolling Hills Townhomes, as defined herein and described in Exhibit A hereto, and the buildings and structures now and hereafter constructed thereon are, and will be, held, sold, and conveyed of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of Rolling Hills Townhomes for the benefit of the Owners thereof, 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 Rolling Hills Townhomes or any part thereof, and shall inure to the benefit of the Owners thereof and to the benefit of the Association and are intended to be ancfshall in all respects be regarded as covenants running with the land. ,, f5) [E (G [E ri Wl [E ~ \fl} AIIG 1 3 2008 Page I of20 K.C. 0.0.E.S. Section 1.1 -Architectural Control Committee "Architectural Control Committee" shall mean and refer to the duly appointed Committee of the Association as further described in Section 2. 7 and as sometimes referred to herein as the "Committee." Section 1.2 -Association "Association" shall mean and refer to the Rolling Hills Townhomes Homeowners Association, a Washington nonprofit corporation, its successors and assigns. Section 1.3 -Association Action "Association Action" (ACE) shall mean and refer to a written corporate action of the Association in the form of either a bylaw or resolution duly passed by either the Board or the Owners. Section 1.4 -Board "Board" shall mean and refer to the board of directors of the Association. Section 1.5 -Building Setback Line "Building Setback Line" shall mean and refer to the various lines designated as "BSBL" on the face of the final plat, short plat, or other analogous recorded plan or map, beyond which no structures, filling, grading or other obstructions are permitted as set forth in Section 5.2 hereof. Section 1.6 -Common Areas "Common Areas" shall mean and refer to all easements, and Tracts and any improvements thereto that are owned or maintained by the Association, for the benefit of the Lot Owners, and subjected to this Declaration by an appropriate recording. Tracts reserved for access to a particular Lot or Lots and not owned by the Association shall not be considered part of the Common Areas. The Common Areas in Rolling Hills Townhomes are listed in Exhibit A which is attached hereto and incorporated herein by this reference. The Oeclarant may add to the Common Areas during the Development Period by recording an amendment to this Declaration or by recording a Supplementary Declaration. Section 1. 7 -Declarant "Declarant" shall mean and refer to John Mastandrea, his successors and assigns if such successors or assigns should acquire all or substantially all of the then undeveloped portions of Rolling Hills Townhomes from. Declarant for the purpose of development ( excluding Participating Builders). Section 1.8 -Declaration "Declaration" shall mean and refer to this instrument, as the same may be supplemented or amended from time to time. Page 2 of20 Section 1.9 -Development Period "Development Period" shall mean and refer to that period of time beginning on the date of this Declaration and ending whenever any of the following first occurs: (i) 4 years from the date hereof; or (ii) upon receipt of written notice from Declarant to the Association in which Declarant elects to terminate the Development Period. Section 1.10 -Governing Documents "Governing Documents" shall mean and refer to this Declaration, Supplementary Declarations, and the Articles oflncorporation, Bylaws of the Association, rules and regulati_ons, and rules and procedures of the Architectural Control Committee as any of the foregoing may be amended from time to time. · Section 1.11 -Rolling Hills Townhomes "Rolling Hills Townhomes" shall mean and refer to that certain real property known as "The Recorded Plat of Rolling Hills Townhomes" which is legally described herein. Section 1.12 -Lot "Lot" shall mean and refer to any legally segmented and alienable portion of Rolling Hills Townhomes created through subdivision or any other legal process for dividing land and subjected to this Declaration by an appropriate recording, with the exception of dedicated rights of way and Tracts designated as Common Areas or reserved for access to a particular Lot or Lots. Section 1.13 -Mortgage "Mortgage" shall mean and refer to any recorded mortgage or deed of trust encumbering one or more of the Lots. "First Mortgage" shall mean and refer to a Mortgage with priority over other Mortgages. "Mortgagee" shall mean and refer to the holder or beneficiary of any Mortgage and shall not be limited to Institutional Mortgagees. As used herein, the term "Institutional Mortgagee" or "Institutional Holder" shall include banks, trust companies, insurance companies, mortgage companies, mortgage insurance companies, savings and loan associations, trusts, mutual savings banks, credit unions, pension funds, Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, all corporations, and any agency or department of the United States Government or of any state or municipal government. Section 1.14 -Native Growth Protection Easement "Native Growth Protection Easement" shall mean and refer to an area in a Lot or Tract so designated on the final plat, short plat, or other analogous recorded plan or map, in which the removal of trees and significant natural ground cover, as well as the conduct of other activities, are restricted pursuant to the provisions of Article 5 herein. Section 1.14(a) Existing Protection Easements Section 1.14(b) Street Trees Street Trees are required within the plat of Rolling Hills Townhomes, The trees shall be a minimum of I Y, " (one and a half inches) in caliper at time of planting and shall be located Page 3 of20 within the_first IO feet of the lots and shall have an average spacing of 40 feet and shall not conflict with utilities and driveways. It shall be the responsibility of Developer to install the trees per a plan approved by King County and shall be planted in conjunction with the front yard landscaping for each house and prior to issuance of a certificate of occupancy of each home. Additionally, the Homeowners Association has the duty to maintain the street trees as required and must replace trees that are damaged or diseased. This right shall not relieve the individual property owner from the responsibility of maintaining any street tree located on their lot. Section 1.15 -Owner "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 and Participating Builders but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. Section 1.16 -Participating Builder "Participating Builder" shall mean and refer to a person or entity that acquires a portion of Rolling Hills Townhomes for the purpose of improving such portion for resale to individual Owners or for self occupation. Section 1.17 -Phase "Phase" shall mean and refer to any portion of Rolling Hills Townhomes that is made subject to this Declaration from time to time by Declarant by an appropriate recording. Section 1.18 -Single Family "Single Family" shall mean and refer to a single housekeeping unit that includes not more than 4 adults who are legally unrelated. Section 1.19 -Supplementary Declaration "Supplementary Declaration" shall mean and refer to any recorded declaration of covenants, conditions, restrictions and easements which extends the provisions of this Declaration to a Phase. Section 1.20 -Tract "Tract" shall mean and refer to any legally segmented and alienable portion of Rolling Hills Townhomes created through subdivision or any other legal process for dividing land and subjected to this Declaration by an appropriate recording, with the exception of Lots and dedicated rights of way. Section 1.21 -Governing Jurisdiction Governing Jurisdiction shall mean and refer to King County, or other municipal agency with jurisdiction over Rolling Hills Townhomes. ARTICLE 2 -ROLLING HILLS TOWNHOMES HOMEOWNERS ASSOCIATION Section 2.1 -Description of Association The Association is a nonprofit corporation vested with the powers prescribed by law and set Page 4 of20 forth in the Governing Documents, as they organized and existing under the Laws of the State of Washington charged with the duties and may be amended from time to time; provided, however, that no Governing Documents other than this Declaration shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. Section 2.1 A -Description of Determination Period Declarant retains the right to control the Association until such time as Declarant deems appropriate, in its sole discretion, but no later than the time when ninety-eight percent (98%) of the Lots have been sold and closed in all phases of the proposed 15 lot development. Section 2.2 -Association Board During the Development Period the Declarant shall manage the Association and shall have all the powers of the Board set forth herein. The Declarant may, from time to time, select a temporary board of not fewer than 3 persons who need not be Owners to manage the Association during the Development Period. The temporary board shall have the full authority to manage the Association under the Governing Documents and shall be subject to all provisions of the Governing Documents; provided that, after selecting a temporary board, Declarant may at any time terminate the temporary board and reassume its management authority under this Section 2.2 or select a new temporary board. Upon termination of the Development Period, the terms of the temporary Board selected by the Declarant, if any, shall terminate and the Board shall manage the Association as provided herein. The Board shall be elected from among the Owners, as provided in the Bylaws of the Association. The Board shall elect officers of the Association from among the Board members, which shall include a president who shall preside over meetings of the Board and meetings of the Association. Section 2.3 -Votes Appurtenant to Lots Every Owner shall be a member of the Association and shall be entitled to cast one vote in the Association for each Lot owned. A vote shall be appurtenant to and held and owned in the same manner as the beneficial fee interest in the Lot to which it relates. A vote shall not be separated from ownership of the Lot to which it relates; provided, however, that when more than one entity holds the beneficial fee interest in any Lot, the vote therefor shall be cast as the Owners among themselves determine, but in no event shall more than one vote be cast with respect to any Lot; and if the several Owners of a Lot are unable to agree as to the casting of their vote, such vote shall not be counted. If a Lot is further subdivided as provided in Section 5.1 hereof, the Owner of each additional Lot created shall be entitled to one vote in the Association for each Lot owned. Section 2.4 -Initial Number of Votes; Additional Phases From the commencement of the existence of the Association, there shall be a total of 15 outstanding votes in the Association. During the Development Period, the Declarant shall be entitled to cast 15 votes, less one vote for each Lot then owned by an Owner other than Declarant. Upon the addition of additional Phases to Rolling Hills Townhomes during the Development Period as provided in Section 9.1 hereof, the number of votes in the Association shall be adjusted to reflect the increased number of Lots, and Declarant shall be entitled to cast all such votes, less one for each such Lot owned by an Owner other than the Declarant. Section 2.5 -Owner's Compliance with Governing Documents Page 5 of20 By acceptance of a deed to a Lot, (recording of a real estate contract conveying title to a Lot), or any other means of acquisition of an ownership interest, the Owner thereof covenants and agrees, on behalf of himself and his heirs, successors, and assigns, to observe and comply with all terms of the Governing Documents and all rules and regulations duly promulgated pursuant to Association Action. Section 2.6 -Rules and Regulations The Board on behalf of the Association shall have the power to adopt, modify, and amend rules and regulations governing the use of Rolling Hills Townhomes, provided that such rules and regulations shall not be inconsistent with this Declaration. The rules and regulations shall apply uniformly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties for the violation of such rules and regulations, including but not limited to suspension of the right to use the Common Areas or portions thereof. Any such rules and regulations shall become effective 30 days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the rules and regulations then in force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial rules and regulations. Section 2. 7 -Architectural Control Committee During the Development Period, the Declarant or a Representative appointed by the Declarant shall act as the Architectural Control Committee. After termination of the Development Period, the Board shall appoint members to the Architectural Control Committee. One member of the Committee shall be appointed for a term of one (1) year, one member shall be appointed for a term of two (2) years, and the third member shall be appointed for a term of three (3) years. Thereafter, members of the Committee shall be appointed for three-year terms. Section 2.7.1 -Jurisdiction and Purpose The Committee shall review proposed plans and specifications for construction of all residences and other structures within Rolling Hills Townhomes, and including any additions, exterior alterations, landscaping, clearing, painting and excavation. The Owner shall submit architectural and landscaping plans and specifications to the Committee for its review, together with a site plan for the Lot, including location and type of fencing. Section 2.7.2 -Approval Procedures An application for approval must be submitted in writing by the Owner to the Committee at the registered office of the Association. The Committee shall review the application in accordance with the provisions of this Section 2. 7 as soon as possible after a complete application has been filed. The decision of a majority of the members of the Committee shall be the decision of the Committee .. One copy of approved plans will remain in the Committee's files. All disapproved plans will be returned to the Owner. Section 2.7.3 -Failure of Committee to Take Action Except as provided in Section 2.7.5 below, in the event that the Committee fails to respond to an Owner's complete and properly submitted application within twenty (20) days after the Committee has notified the Owner that the application is complete, formal written approval will Page 6 of20 not be required, and the provisions for approval shall be deemed to have been fully complied with, provided that the minimum requirements as set forth herein have been met. Section 2.7.4 -Committee's Obligation The Committee, in its deliberations and in the discharge of its obligations hereunder, shall act objectively and fairly in making decisions concerning various plans, specifications, plot plans and landscape plans submitted to it by various Owners for consideration in accordance with the provisions of this Declaration. Further, the determinations of the Committee as to noncompliance shall be in writing, signed by the Committee, and shall set forth in reasonable detail the reason for noncompliance. The Committee may approve, approve with conditions, or disapprove an application or any part thereof. In all cases, the ultimate responsibility for satisfying all local building codes and governmental requirements rests with the Owner. The Committee shall be held harmless from building requirements not complied with. Section 2.7.5 -Exemptions and Variances from Committee Requirements The Committee may, upon application, grant exemptions and variances from the rules and procedures of the Committee and the requirements of this Declaration when the party requesting such exemption or variance establishes to the satisfaction of the Committee that the improvement or other matters which are desired by the applicant are aesthetically as appealing, suited to climatic conditions, and compatible with the overall character of the development as are similar improvements or matters which conform to the requirements of this Declaration. Requests for an exemption or variance shall be submitted in writing to the Committee and shall contain such information as the Committee shall from time to time require. The Committee shall consider applications for exemption or variance and shall render its decisions within thirty (30) days after notice to the Owner of proper submission. The failure of the Committee to approve an application for an exemption or variance shall constitute disapproval of such application. Section 2.7.6 -Failure of Owner to Comply Failure of the Owner to comply with the rules -and procedures of the Committee or the final application as approved by the Committee shall, at the election of the Association's Board exercised after thirty (30) days written notice to such Owner, constitute a violation of this Declaration. In that event, the Board shall be empowered to assess a penalty commensurate with the violation which shall constitute a lien against such Lot, enforceable as provided herein and/or pursue any other remedy at law including, but not limited to an action for specific performance. ARTICLE 3 -ASSOC/A TION BUDGET, ASSESSMENTS, AND LIENS Section 3.1 -Owner's Covenants to Pay Assessments By acquisition of any ownership interest in a Lot, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to pay the Association, in advance, all general and specific assessments levied as provided herein. Section 3.2 -Association Budget The Association shall prepare, or cause the preparation of, an operating budget for the Association at least annually, in accordance with generally accepted accounting principles. The Page 7 of20 operating budget shall set forth all sums required by the Association, as estimated by the Association, to meet its annual costs and expenses, including but not limited to all management and administration costs, operating and maintenance expenses of the Common Areas, and services furnished to or in connection with the Common Areas, including the amount of all taxes and assessments levied against, and the cost of liability and other insurance on, the Common Areas, and including charges for any services furnished by or to the Association; the cost of utilities and other services; and the cost of funding all reserves established by the Association. The funds required to meet the Association's annual expenses shall be raised from a general assessment against each Owner as provided hereafter .. The Association may revise the operating budget after its preparation at any time and from time to time, as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Association. Section 3.3 -Levy of General Assessment In order to'meet the costs and expenses projected in its operating budget, the Association shall by Association Action determine and levy in advance on every Owner a general assessment. The amount of each Owner's general assessment shall be the amount of the Association's operating budget divided by the sum of the number of Lots. The Association shall make reasonable efforts to determine the amount of the general assessment payable by each Owner for an assessment period at least 30 days in advance of the beginning of such period and shall at that time prepare a roster of the Owners and the general assessment allocated to each, which shall be open to inspection by any Owner upon reasonable notice to the Association. Notice of the general assessment shall thereupon be sent to each Owner; provided, however, that notification to an Owner of the amount of an assessment shall not be necessary to the validity thereof. The omission by the Association, before the expiration of any assessment period, to fix the amount of the general assessment hereunder for that or the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release by any Owner from the obligation to pay the general assessment, or any instaUment thereof, for that or any subsequent assessment period, but the general assessment fixed for the. preceding period shall continue until a new assessment is fixed. Upon any revision by the Association of the operating budget during the assessment period for which such budget\ was pr;pared, the Association shall, if necessary, revise the general assessment levied agai~st the Owners and give notice to each Owner. \ Section 3.4 -Payment of General Assessment Upon Association Action, installments of general assessments may be collected on a monthly, quarterly, semiannual, or annual basis. Any CJwner may prepay one or more installments on any assessment levied by the Association without penalty. Section 3.5 -Nondiscriminatory Assessment Except as provided Section 5 .15 hereof, no assessment shall be made at any time which may unreasonably discriminate against any particular Owner or group of Owners in favor of other Owners. However, a special assessment may be made against a particular Owner by a two-thirds majority vote of the Board if, after notice from the Association of failure to maintain such Lot in a condition comparable to the other Lots has been given, the Association elects to expend funds to bring such Owner's Lot up to such comparable standard. Section 3.6 -Commencement of Assessments Page 8 of20 Liability of an Owner for assessments shall commence on the first day following the date upon which any instrument of transfer to such Owner becomes operative (such as the date of a deed or the date of a recorded real estate contract for the sale of any Lot. The Declarant, its successors and assigns shall be liable for any assessments with respect to any Lots it owns at the commencement of any assessment period. The due dates of any special assessment payments shall be fixed by the Association Action authorizing such special assessment. Section 3. 7 -Certificates of Assessment Payment Upon request, the Board shall furnish written certificates certifying the extent to which assessment payments on a specified Lot are paid and current to the date stated therein. A reasonable charge may be made by the Association for the issuance of such certificate. Section 3.8 -Special Assessments In addition to the general assessments authorized by this Article, the Association may, by Association Action, levy a special assessment or assessments at any time, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair, or replacement of a capital improvement located upon or forming a part of the Common Areas, including necessary fixtures and personal property related thereto, or for such other purpose as the Association may consider appropriate; provided, however, that any such special assessment in excess of $750 per Lot must have the prior favorable vote of two-thirds of the Owners. Section 3.9 -Effect of Nonpayment of Assessment If any assessment payment is not made in full within 30 days after it was first due and payable, the unpaid amounts shall constitute a lien against the Lot assessed and shall bear interest from such due date at a rate set by the Board in its rules and regulations which shall not exceed the highest rate then permitted by law. By acceptance of a deed to a Lot, recording of a real estate contract therefor, or any other means of acquisition of an ownership interest, and whether or not it shall be so expressed in any such deed or other instrument, each Owner shall be deemed to grant thereby to the Association, its agents and employees, and to Declarant during the Development Period, the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Association by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the benefit of the Association, and the Association shall have the power to bid at any lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot foreclosed against. Section 3.10 -Lien to Secure Payment of Assessments Declarant hereby creates in the Association perpetually the power to create a lien in favor of the Association against each Lot, to secure to the Association the payment to it of all assessments, interest, costs, and attorneys' fees; and Declarant hereby subjects all Lots perpetually to such power of the Association. Such lien shall arise in accordance with the terms of this Declaration without the necessity of any further action by the Association, and any such lien when created, shall be a security interest in the nature of a mortgage in favor of the Association. Such lien shall become a continuing lien in the amount stated in the assessment from the time of the assessment, Page 9 of20 but expiring pro rata as the assessment payments are made, and shall also be the personal obligation of the person or entity who is the Owner of the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by them; provided, however, that in the case of a sale or contract for the sale of any Lot which is charged with the payment of an assessment, the person or entity who is the. Owner immediately prior to the date of such sale shall be personally liable for the amounts of the monthly installments due prior to said date, and the new Owner shall be personally liable for monthly installments becoming due on or after such date. The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments shall not, however, affect the validity or duration of the continuing lien for unpaid assessments against the respective Lot. Section 3.11 -Suspension for Nonpayment of Assessment If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of 30 days, said Owner's voting rights shall without the necessity of any further action by the Association, be suspended ( except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessments by nonuse of the Common Areas or by abandonment of a Lot. Section 3.12 -Reserves for Replacement As a common expense, the Association shall establish and maintain a reserve fund for replacement of the Common Areas and any improvements thereon. Such fund shall be deposited with a banking institution. The reserve fund shall be expended only for the purpose of effecting the replacement of the Common Areas and any improvements and community facilities thereon, major repairs to any sidewalks, parking areas, or pathways developed as a part of Rolling Hills Townhomes, equipment replacement, and for operating contingencies of a nonrecurring nature. The Association may establish such other reserves for such other purposes as it may from time to time consider to be necessary or appropriate. The proportional interest of any Owner in any such reserves shall be considered an appurtenance of his Lot and shall not be separately withdrawn, assigned, or transferred from the Lot to which it appertains. Section 3.13 -Certain Areas Exempt The Tracts and all portions of Rolling Hills Townhomes dedicated to and accepted by King County or other public authority shall be exempt from assessments by the Association. ARTICLE 4 -SUBORDINATION OF LIENS Section 4.1 -Intent of Provisions The provisions of this Article 4 apply for the benefit of each Mortgagee who lends money for purposes of construction or to secure the payment of the purchase price of a Lot. Section 4.2 -Mortgagee's Nonliability The holder of a Mortgage shall not, by reason of its security interest only, be liable for the payment of any assessment or charge, nor for the observance or performance of any covenant or Page JO of20 restriction, excepting only those enforceable by equitable relief and not requiring the payment of money, and except as hereafter provided. Section 4.3 -Mortgagee's Rights During Foreclosure During foreclosure of a Mortgage, including any period of redemption, the holder of the Mortgage may exercise any or all of the rights and privileges of the Owner of.the encumbered Lot, including but not limited to the right to vote in the Association to the exclusion of the Owner's exercise of such rights and privileges. Section 4.4 -Mortgagee as Owner At such time as a Mortgagee shall become the record Owner of the Lot previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same manner as any Owner. Section 4.5 -Mortgagee's Title Free and Clear of Liens A Mortgagee or other secured party acquiring title to a Lot through foreclosure, deed in lieu of foreclosure, or equivalent method, shall acquire title to the encumbered Lot free and clear of any lien authorized by or arising out of the provisions of this Declaration, insofar as such lien secures the payment of any assessment due but unpaid before the final conclusion of any such proceeding, including the expiration date of any period of redemption. The Association may treat any unpaid assessments against a Lot foreclosed against as an expense of the Association pursuant to Section 3.2. Section 4.6 -Survival of Assessment Obligation After the foreclosure of a security interest in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the Owner against whom the same was levied, and the Association shall use reasonable efforts to collect the same from such Owner. Section 4. 7 -Subordination of Assessment Liens The liens for assessments provided for in this Declaration shall be subordinate to the lien of any first Mortgage or other security interest placed upon a Lot as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm such priority. The sale or transfer of any Lot or of any interest therein shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for purposes of realizing a security interest, liens shall arise against the Lot for any assessment payments coming due after the date of completion of foreclosure. ARTICLE 5 -USE COVENANTS, CONDITIONS, AND RESTRICTIONS Section 5.1 -Authorized Uses Lots in Rolling Hills Townhomes shall be used solely for residential purposes and related facilities normally incidental to a residential community. During the Development Period, no Lot shall be further subdivided without Declarant's prior written approval. Thereafter, no Lot shall be Page 11 of20 further subdivided, except as permitted in this Declaration and any Supplemental Declaration, without prior approval conferred by Association Action. Section 5.2 -Approval of Building or Clearing Plans Required No building, fence, deck, patio, wall, kennel, or other structure shall be commenced, erected, or maintained upon a Lot or any other portion of Rolling Hills Townhomes, nor shall any exterior additional to or change or alteration therein be made, nor shall a Lot be cleared or excavated for use, nor shall any tree of 12 inches or more in diameter on any Lot, measured one foot above ground level, be cut, until after the details and written plans and specifications showing the nature, kind, shape, height, materials, colors, and location of the same shall have been submitted to and approved in writing by the Architectural Control Committee. Any structure so approved must be completed as to external appearance, including finished staining, within nine (9) months after the date construction is commenced unless the Committee elects to grant an extension. Although the Committee shall have full authority to approve or disapprove of any specific proposal, the following restrictions shall apply to Rolling Hills Townhomes in general: Section 5.2.1 -Building Setbacks No structures, filling, grading or obstruction, shall be permitted beyond the Building Setback Line, or within any drainage easement area as shown on the face of the final plat or within any Native Growth Protection Easement unless otherwise approved by the Committee and by King County. Section 5.2.2 -Building Materials Each home constructed on a lot shall be built of new materials except, with the approval of the Committee, decorative items such as used brick, weathered planking or other natural materials. All visible masonry shall be stone, brick or stucco. Cultured stone and synthetic stucco are permissible. All composition roofs in each Division of Rolling Hills Townhomes shall be of the same manufacturer, color and model. The grade of roof material may vary with approval of the Committee. Vinyl windows, oriented strand board and other synthetic siding materials may be used with approval of the Committee. Types and colors of exterior paints and stain must be submitted to the Committee for approval. Earth toned colors are preferred. Section 5.2.3 -Landscaping and Fencing Front yards shall be fully landscaped within nine (9) months after the date construction of the home commences unless extended by the Committee. Side yards and rear yards shall be landscaped or left in their natural state. No trees outside the building footprint which are greater than twelve (I 2) inches in diameter when measured one foot above ground shall be cut without the approval of the Committee. No fence erected·within Rolling Hills Townhomes shall be over six (6) feet in height. No barbed wire, chain link or corrugated fiberglass fences shall be erected on any Lot. All fences, open and solid, are to meet the standards set by the Committee and must be approved by the Committee prior to construction. No fence shall extend into the front yard past the comers of the house. Section 5.2.4 -Floor Area Only one Single Family home not to exceed two (2) stories in height and a private garage shall be permitted on each Lot. If a home is built on a Lot, it must include a garage for not less than Page 12 of20 one (I) car which is fully enclosed; the garage may be attached or detached (no carports). The minimum allowable square footage of any residence within Rolling Hills Townhomes shall be as follows: Rambler homes shall include no less than 1,600 square feet of living space. Two story homes shall include no less than 2,000 square feet of living space. "Living space" shall not include porches, decks, balconies, garages, or outbuildings. The Architectural Control Committee may accept variances from the floor area requirements of this Subsection. Section 5.2.5 -Contractor No home may be constructed on any Lot by other than a contractor licensed as a general contractor under the statutes of the State of Washington without the prior approval of the Archit"<ctural Control committee. Section 5.2.6 -Driveways All driveways and parking areas shall be paved with concrete, exposed aggregate concrete, or other material approved by the Architectural Control Committee. Section 5.2. 7 -Street Lights Street lights will be installed by the Developer. The lights will be maintained by Puget Sound Energy. Section 5.3 -Leasing Restrictions No Lot may be leased or rented by any party for a period of fewer than 30 days, nor shall less than the whole of any Lot be leased or rented. Each lease or rental agreement shall be in writing and shall by its terms provide that it is subject in all respects to the provisions of the Governing Documents. Any failure by a lessee to comply with the terms of the Governing Documents shall be a default under the lease, whether or not it is so expressed therein. Other than the foregoing, there is no restriction on the right of any Owner to lease his Lot. Section 5.4 -Animals No animals, livestock, or poultry of any kind shall be raised, bred, or kept on Lots less than one acre in size; provided, however, that dogs, cats, or other conventional small household pets may be kept if they are not kept, bred, or maintained for any commercial purposes. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Association shall have the authority . to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered, licensed, and inoculated from time to time as required by law. When not confined to the Owner's Lot, pets within Rolling Hills Townhomes must be leashed and accompanied by a person responsible for cleaning up any animal waste. Section 5.5 -Commercial Uses No commercial enterprise, including itinerant vendors, shall be permitted on any Lot; provided, however, that the Association may permit specified home occupations to be conducted if such occupation will not, in the reasonable judgment of the Association, cause traffic congestion or other disruption of the Rolling Hills Townhomes community; and provided further that no signs or advertising devices of any character shall be permitted. Page 13 of20 Section 5.6 -Vehicle Storage No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from any Lot, except this shall not exclude temporary (less than 48 hours) parking of vehicles on the designated driveway areas adjacent to garages on the Lots. Upon 48 hours notice to the owner of an improperly parked or stored vehicle, boat, or other equipment, the Association has authority to have removed at the Owner's expense any such items visible from the street that are parked on any Lot or within the public right-of-way for more than 24 hours. Commercial vehicles, including Taxi Cabs, shall not be parked in open view on any lot, tract or right-of-way, with the exception that one vehicle under 12,000 lbs G.V.W. used in an owners daily employment shall be allowed to be parked in a driveway for no more than 24 hours. Section 5. 7 -Garbage No garbage, refuse, or rubbish shall be deposited or left in Rolling Hills Townhomes, unless placed in a suitable covered container. Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. No incinerator shall be kept or maintained, and no burning of any trash, refuse, or scrap of any kind shall be permitted. Section 5.8 -Utilities Underground Except for hoses and the like which are reasonably necessary in connection with normal lawn maintenance, no water pipe, sewer pipe, gas pipe, drainage pipe, telephone, power, or television cable, or similar transmission line shall be installed or maintained above the surface of the ground. Section 5.9 -Mining Prohibited No portion of Rolling Hills Townhomes shall be used for the purpose of boring, mmmg, quarrying, or exploring for or removing oil or other hydrocarbons, minerals, gravel, or earth. Section 5.10 -Signs Except for entrance, street, directional, traffic control, and safety signs, and such promotional signs as may be maintained by Declarant and participating Builders, or agents or contractors thereof, or the Association, no signs or advertising devices of any character shall be posted or displayed in Rolling Hills Townhomes; provided, however, that one temporary real estate sign not exceeding l O square feet in area may be erected upon any Lot or attached to any residence placed upon the market for sale or lease. Any such temporary real estate sign shall be removed promptly following the sale or rental of such Lot or residence. Political signs shall be allowed provided they are removed immediately after the election for which they were intended. Section 5.11 -No Obstruction of Easements No structure, planting, or other material shall be placed or permitted to remain upon Rolling Hills Townhomes which may damage or interfere with any easement or the installation or maintenance of utilities, or which may unreasonably change, obstruct, or retard direction or flow of any drainage charmels. No decorative planting, structure or fence may be maintained within an easement area unless specifically approved by the Architectural Control Committee. Page 14 of20 Section 5.12 -Antennae No external short-wave or citizens' band antennae, freestanding antenna towers, TV antennae or satellite reception dishes of any kind shall be permitted in Rolling Hills Townhomes. The only exception to this rule is for satellite dishes 18" or less in diameter. Placement of such satellite dishes must be approved by the Association. Section 5.13 -Owners' Maintenance Responsibilities The maintenance, · upkeep, and repair of individual Lots and homes shall be the sole responsibility of the individual Owners thereof, and in no way shall it be the responsibility of the Association, its agents, officers or directors. Owners shall maintain their Lots and homes in good repair and in a clean, sightly, and sanitary condition at all times. Without limitation as to the foregoing, each Owner shall be obligated to keep his Lot and home in a clean, sightly and sanitary condition and maintain the landscaping on his Lot in a healthy and attractive state and in a manner comparable to that on the other Lots in Rolling Hills Townhomes. No storage of firewood shall be permitted in front yards or on decks. After thirty (30) days' written notice to an Owner from the Association of such Owner's failure to so maintain his home or Lot, and after approval of a two-thirds majority vote by the Board or other Association committee to which such oversight responsibility shall have been delegated, the Association shall have the right, through its agents and employees, to enter upon any Lot which has been found to violate the foregoing standards in order to restore the home or Lot to such standards. The cost of such work shall be a special assessment on such Owner and his Lot only. Section 5.14 -Nuisances Prohibited No noxious or offensive activity shall be conducted in any portion of Rolling Hills Townhomes, nor shall anything be done or maintained therein in derogation or violation of the laws of the State of Washington, King County, or any other applicable governmental entity. Nothing shall be done or maintained on any portion of Rolling Hills Townhomes which may be or become an annoyance or nuisance to the neighborhood or detract from the value of the Rolling Hills Townhomes community. The Association shall determine by Association Action whether any given use of a Lot or living unit unreasonably interferes with the rights of the other Owners to the use and enjoyment of their respective Lots and Living Units, or of the Common Areas, and such determination shall be final and conclusive. Section 5.15 -Relief from Certain provisions In cases where an Owner has made a factual showing that strict application of the provisions of Sections 5.4, 5.5, 5.6, 5.10, and 5.12 only of this Article (regulating animals, commercial uses, vehicle storage, signs and antennae, respectively) would work a severe hardship upon him, the Board by Association Action may grant the Owner relief from any of such provisions; provided, however, that such relief shall be limited by its scope or by conditions to only that necessary to relieve the hardship; and provided further, that no such relief shall be granted if the condition thereby created would in the reasonable judgment of the Board violate the provisions of Section 5.14 of this Article. The decision of the Board in granting or denying such relief shall be final and conclusive. ARTICLE 6 -COMMON AREAS Page 15 of20 Section 6.1 -Maintenance of Common Areas The Association shall maintain, repair, replace, improve, and · otherwise manage all of the Common Areas so as to keep them in good repair and condition and shall conduct such additional maintenance, repair, replacement, construction, or reconstruction as may be determined pursuant to Association Action to promote the recreation, health, safety, and welfare of the Owners. Any action necessary or appropriate to the maintenance and upkeep of the Common Areas and improvements thereon. ARTICLE 7 -INSURANCE: CASUALTY LOSSES; CONDEMNATION Section 7 .1 -Insurance Coverage The Association shall obtain and maintain at all times as an Association expense a policy or policies and bonds written by companies licensed to do business in Washington required to provide: Section 7.1.1 -General comprehensive liability insurance General comprehensive liability insurance insuring the Association, the Owners, and Declarant against any liability to the public or to the Owners and their guests, invitees, licensees, or tenants, incident to the ownership or use of the Common Areas. Section 7 .1.2 -Other Insurance Such other insurance as the Association deems advisable. ARTICLE 8 -ENFORCEMENT Section 8.1 -Right to Enforce The Association, Declarant, or any Owner, shall have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure or forbearance by any person or entity so entitled to enforce the provisions of this Declaration to pursue enforcement shall in no event be deemed a waiver of the right to do so thereafter. Section 8.2 -Remedies Cumulative Remedies provided by this Declaration are in addition to, cumulative with, and are not in lieu of, other remedies provided by law. There shall be, and there is hereby created, a conclusive presumption that any breach or attempted breach of the covenants, conditions, and restrictions herein carmot be adequately remedies by an action at law or exclusively by recovery of damages. Section 8.3 -Covenants Running with the Land The covenants, conditions, restrictions, liens, easements, enjoyment rights, and other provisions contained herein are intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing, or otherwise occupying any portion of Rolling Hills Townhomes, their heirs, executors, administrators, successors, grantees, and assigns. All instruments granting or conveying any interest in any Lot shall be subject to this Declaration. Page 16 of20 ARTICLE 9 -AMENDMENT AND REVOCATION Section 9.1 -Amendment by Declarant or Association Declarant may, on its sole signature, during the Development Period, amend this Declaration and record one or more Supplementary Declarations to extend the provisions of this Declaration to additional Phases which consist of adjacent real property owned by Declarant, its successors or assigns. Upon the recording of a Supplementary Declaration, the Governing Documents shall immediately become applicable to the real property described therein. This Declaration may also be amended at any time by an instrument executed by the Association for and on behalf of the Owners, provided, however, that such amendments shall have received the prior approval of a vote of the Owners having 60 percent of the total outstanding votes in the Association; and provided, further, that no such amendment shall be valid during the Development Period without the prior written consent of the Declarant. Notwithstanding any of the foregoing, the prior written approval of 51 percent of all Mortgagees who have requested from the Association notification of amendments shall be required for any material amendment to the Declaration or the Association's Bylaws of any of the following: voting rights; assessments, assessment liens, and subordination of such liens; reserves for maintenance, repair, and replacement of Common Areas; insurance or fidelity bonds; responsibility for main.tenance and repair; reallocation of interest in the Common Areas, or rights to their use; convertibility of Lots into Common Areas or of Common Areas into Lots; leasing of Lots other than as set forth herein; imposition of any restrictions on the right of an Owner to sell or transfer his Lot; a decision by the Association to establish self-management when professional management had been required previously by an eligible Mortgagee; any action to terminate the legal status of the Rolling Hills Townhomes Homeowners Association after substantial destruction or condemnation occurs; or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of First Mortgages. Section 9.2 -Effective Date Amendments shall take effect only upon recording with the King County Department of Records and Elections or any successor recording office. ARTICLE 10-GENERAL PROVISIONS Section 10.1 -Taxes Each Owner shall pay without abatement, deduction, or offset, all real and personal property taxes, general and special assessments, including local improvement assessments, and other charges of every description levied on or assessed against his Lot, or personal property located on or in the Lot. Section 10.2 -Transfer of Certain Utilities Declarant, during the Development Period, and the Association after the Development Period, may transfer and convey any sewer, water, storm drainage, or other general utilities in Rolling Hills Townhomes to a public body for ownership and maintenance, together with any necessary easements relating thereto, and each Lot shall become burdened and benefited thereby. Page 17 of20 Section 10.3 -Non-Waiver No waiver of any breach of this Declaration shall constitute a waiver of any other breach, whether of the same or any other covenant, condition, or restriction. Section 10.4 -Attorneys' Fees In the event of a suit or action to enforce any provision of this Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccessful party in such suit or action shall pay to the prevailing party all costs and expenses, including title reports, and all attorney's fees that the prevailing party has incurred in connection with the suit or action, in such amounts as the court may deem to be reasonable therein, and also including all costs, expenses, and attorneys' fees incurred in connection with any appeal from the decision of a trial court or any intermediate appellate court. Section 10.5 -No Abandonment of Obligation No Owner, through his non-use of any Common Area, or by abandonment of his Lot, may avoid or diminish the burdens or obligations imposed by this Declaration. Section 10.6 -Interpretation The captions of the various articles, sections and paragraphs of this Declaration are for convenience of use and reference only and do not define, limit, augment, or describe the scope, content or intent of this Declaration or any parts of this Declaration. Section 10. 7 -Severability Invalidation of any one of these covenants, conditions, restrictions, easements, or provisions by judgment or court order shall in no way affect any other of the same, all of which shall remain in full force and effect. Section 10.8 -Notices All notices, demands, or other communications ("Notices") permitted or required to be given by this Declaration shall be in writing and, if mailed postage prepaid by certified or registered mail, return receipt requested, shall be deemed given three days after the date of mailing thereof, or on the date of actual receipt, if sooner; otherwise, Notices shall be deemed given on the date of actual receipt. Notice to any Owner may be given at any Lot owned by such Owner; provided, however, that an Owner may from time to time by Notice to the Association designate such other place or places or individuals for the receipt of future Notices. If there is more-than one Owner of a Lot, Notice to any one such Owner shall be sufficient. The address of Declarant and of the Association shall be given to each Owner at or before the time he becomes an Owner. If the address ofDeclarant or the Association shall be changed, Notice shall be given to all Owners. Section 10.9 -Applicable Law This Declaration shall be construed in all respects under the laws of the State of Washington. Page 18 of20 In witness whereof, the undersigned Declarant has executed this declaration the day and year first above written. JOHN MAST ANDREA STATE OF WASHINGTON) ) S.S. COUNTY OF KING ) On this __ day of , 20 __ ; before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared JOHN MAST ANDREA, to me known, and acknowledged to me that he signed and sealed the foregoing instrument as his free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at ______________ _ My commission expires ______ _ Page 19 of20 Exhibit "A" The common areas at the time of the recording of the plat are Tract "B" and any landscaping and recreation facilities installed therein and the irrigation system therein. Street trees are also a common area. Page 20 of20 ' Web date: 0612912007 ~ King County Department of Development and Environmental Services 900 Oakesdaie Avenue Southwest Renton, Washington 98057-5212 206-296-6600 TTY 206-296-7217 DROP-OFF COVER SHEET FOR LUSD ONLY For alternate formats, call 206-296-6600. Drop-Off Cover Sheet for Land Use Services Division oooooeoeoooooeeoe IMPORTANTeoGoooeeooeeoeooo PROJECT NUMBER AND NAME IS NECESSARY FOR ALL DROP-OFFS Project No c '-' J' fot,oJ z_ Project Name FROM (fa#,._, nkJ.JT,¢r;JQ,tJ{4 Company Name I Contact Person Telephone No 2 °"'-2-7 "' -? / Z o/' TO /;;Jy-;>;;~--o .£. /-=..0 -<-~ //&J', DATE RECEIVED BY LUSD ADDITIONAL INFORMATION REQUESTED BY KING COUNTY STAFF (please print) Short Plat/ Plats Please specify item(s) dropped-off: Lot Line Adjustment Pennit Please specify item(s) dropped-off: Right of Way Permit Please specify item(s) dropped-off: Clearing/ Grading Permit -Additional information requested. Please specify item(s) dropped-off: Other: ;?.z.....,-, :7,,._,c_ ,.D?'.7£. ~ ~~ PLEASE NOTE: All drop-off item(s) will be logged into the computer under the project number, therefore, it is important that the top portion of this form is completed properly before you drop-off anything. Assistance in finding a project number can be provided by speaking to a Zoning/Land Use Technician. Your cooperation Is important. Thank you. Check out the DOES Web site at www.kinqcounty.gov/permits Drop-OffCoverSheet-LUSDOnlyFORM.doc lg-cvs-dropoff.pdf 0612912007 Page 1 of 1 King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 206-296-6600 TIY 206-296-7217 www.kingcounty.gov August 27, 2008 John Mastandrea 510 Rainier Avenue 'south Seattle, Washington 98144 RE: Permit Fee Estimate: L08FR032 Rolling Hills Binding Site Plan Permit Type: Binding Site Plan Review Dear Ms. Mantandrea: The Department of Development and Environmental Services (DDES) has implemented a program for managing certain types of permit applications to provide customers with an enhanced level of customer service. The Project Management program seeks to provide customers with increased predictability for the permit process and better accountability from County review staff. For permit applications under Project Management, a project manager is assigned to the permit to facilitate communication with the applicant and provide a fee estimate to cover the anticipated scope of.review. The project manager will also monitor and manage the permit application throughout the review process to ensure review schedules remain in line with performance standards and the overall work hours are within the range of estimated fees for the project. Your application was received by our office on August 13, 2008 and will be processed by a Project Manager. The enclosed information provides a summary of the fee estimate for the anticipated work disciplines and fee estimate revisions which may affect the permit fees. Please return the signed Acknowledgment Form, page 2 of the enclosure, to my attention at the address specified in the letter head. Failure to return the Acknowledgement Form and payment of the estimated fee within 17 days of the date of this letter may result in the suspension or cancellation of the application. If you have any questions regarding the permit fees, the requirements of the project management program or other aspects of the review process, please contact Ray Floren! via email Ray ~'Y go~~hooe,t206-2%-6790 fote_ Raymond E. Fl ent ,PLS Chief Land Surveyor Land Use Servi es Division ltQ King County ~ ... , ~ Land Use Services Division Permit Fee Estimate Permit Number: L08FR032 I Date: August 27, 2008 Permit Title: Rolling Hills Binding Site Plan Permit Type: Binding Site Plan Review I Permit Subtype:Final-BS Based on permit information submitted by the applicant, the Department of Development and Environmental Services (DDES) has determined the amount ofreview fees for the subject application. The fees shown below do not include ancillary permit fees, recording fees, project-related mitigation fees, or other fees that are passed through to the applicant from other agencies or as part of the project's environmental review. Fixed Fees: Counter Service Fee for Application Intake Total Fixed Fees: Estimate for Hourly Fees: (69 Hours x $140) Total Permit Fee Estimate: Less Amount Previously Paid: Amount Due at Application Balance (due immediately): 205.00 205.00 9,660.00 $9,865.00 -8924.00 $ 941.00 Note: The above Estimate for Hourly Fees stated above is based on the total estimated number of hours for your project, not to exceed 69 hours and is calculated using the department's hourly rate in effect at the time the estimate is completed. The total estimated hours and fees reflect work performed by some, or all, of the various disciplines listed on the enclosed Fee Estimating Worksheet. Based upon the enclosed fee estimate revisions, the number of hours required may be modified. Your permit will be billed using the installment plan you select, not to exceed six equal monthly payments. Your first Project Management Statement will reflect the installment schedule to be paid for your permit. You may choose to pay the balance in full or make monthly payments. To avoid finance charges, please submit the minimum payment each month. If you have questions about the billing statement, please call Elaine Gregory, Finance Manager, at 206-296-7139 or the Billing Hotline at 206- 296-6659. PM-Engineering_Mar08r Page I ' • ~ King County Land Use Services Division Fee Estimate Acknowledgment Form and Revision Policy Permit Number: L08FR032 Date: August 27, 2008 Permit Title: Rolling Hills Binding Site Plan Permit Type: Binding Site Plan Review Estimated Maximum Billed Hours: 69 Applicant: John Mastandrea Total Fee: $9,865.00 Not later than 17 days after the date of this fee estimate letter. the applicant must submit a signed copy of this form to ODES. disputing the estimated cost of this permit and thats/he has read the DOES policy relevant to fee estimate revisions stated below. Failure to do so will result in the loss of your right to dispute and appeal the estimate and may result in cancellation of the application. Fee Estimate Revision Applicants are responsible for all fixed fees, reported hours performed in reviewing submittal materials and processing, up to the fee estimate. Changes in the scope of the project review will result in a revised review fee estimate. Fee estimates are based on information submitted to ODES by the applicant prior to finalization of the permit application. In addition, estimates are determined by utilizing historical data gathered from projects of similar type, size, and scope. The fee estimate will be the maximum fee charged unless the scope of the project changes. Should fewer hours be required to complete the review, then the applicant may receive a refund for those hours. If items are identified that are not originally disclosed, a new estimate may be required. Applicants will be responsible for any additional hours identified in a new estimate if: I. The applicant fails to provide accurate, complete, or timely information. 2. The applicant fails to disclose a site or development issue that creates the need for additional review that could not have been reasonably anticipated by the Project Manager during the preparation of the previous Fee Estimate. 3. The applicant changes the scope or design of the proposal, creating the need for additional review that could not have been reasonably anticipated by the Project Manager during the preparation of the previous Fee Estimate. 4. The applicant fails to complete the construction of the project in a timely manner, creating the need for additional review, unanticipated by the Project Manager during the preparation of the previous Fee Estimate. 5. The applicant files an appeal and the Fee Estimate did not anticipate an applicant appeal. 6. The applicant makes a request to separate the review of the project into distinct phases 7. There has been unauthorized construction on the property, including, but not limited to, clearing or grading, or an associated code enforcement case is opened. 8. The King County Council modifies permit fees. 9. The project is modified. such that there is a change in the building valuation and the resulting building valuation fees. Keeping review fees at or below the fee estimate will depend on the applicant's commitment to complete the process review. This commitment should include submitting materials which address all County codes. policies, previously approved conditions, and responding to the County's request for corrections or additional information in a timely manner. not to exceed 90 days. @ Accept the Fee Estimate ~..M...//??As-r~~ Applicant/Owner Name (print) App~=, (,;g,,<,•J PM-Engineering_Mar08r D Dispute the Fee Estimate Date Page2 • . . · ~ King.County INFORMATION ON PROJECT MANAGEMENT STATEMENTS, BILLING/PAYMENT REQUIREMENTS, INSTALLMENT PAYMENT PLANS, ACKNOWLEDGEMENT, APPEALS AND FINANCE CHARGES Your application is being reviewed under the Project Management program, you will be provided a budget estimate that is based on historic averages and the information you provided with the application. Once you have received the estimate, it is your responsibility to contact the Project Manager and make arrangements for payment plans. Checks may be made out to King County Finance. Typically 100% of the estimate is due prior to assigning your permit for review. Failure to do this may result in canceffation of your application. The Department may remove your project from the Project Management program under the following conditions: • During project review, the applicant changes the proposal to such an extent that the project is below the Project Management threshold. • To accommodate State and Federal procurement regulations. • In accordance with other contractual agreements between the Department and the applicant, including but not limited to Financial Guarantees. • The applicant requests and the Department concurs, if the Department determines that no value will be added to the overall project or it creates a redundancy in the Project Management process. • Projects in default as defined by K.C.C. 27A.20.020. PROJECT MANAGEMENT STATEMENTS: You will receive a monthly statement showing any used hours against the estimate. The statement also lists all fees and any past due amount, installment due or budget adjustments that must be paid by the first of the following month. PAYMENT PLAN REQUIREMENTS: Your permit submittal may qualify for participation in a DOES Finance Section policies installment plan. Under the plan, you must pay an initial amount, typically 50% of the fee estimate plus 100% of fixed fees. The remaining balance will be billed in monthly installments. Each monthly statement will include any past due amounts, current fees, or budget adjustments, and any installments due by the first of the following month. You will be required to pay the 'Total Amount Due' as reflected on the "Remittance Advice" page for your Project Management Statement. Any remaining balance will be billed in equal monthly installments on subsequent Project Management Statements. You may make full payment of the 'Total Balance' reflected on the first page of the Project Management Statement at any time; however you must make the amount due on the remittance advice in order to avoid finance (late) charges. If the project is approved before all of the installment payments are billed, all outstanding balances will be billed on the subsequent statement. FINANCE CHARGES: To avoid finance charges, payment will be required prior to the due date listed on the remittance advice of the statement. Finance charges are assessed on the.outstanding delinquent balance. ACKNOWLEDGMENTS AND APPEALS: By checking the Accept the fee estimate box, the applicant/owner accepts the fee estimate provided in this letter and waives the right to dispute the estimate. By checking the Dispute the fee estimate box, the applicant contests the fee estimate and requests a Director review and appeal of the fee estimate. The applicant must return the acknowledgement form accompanied by a statement of facts supporting the dispute to ODES within 17 days of the date of this fee estimate letter. DOES will issue a decision within 14 days of receipt of the applicant dispute. ODES' decision is final unless the applicant files with DOES a combined Notice and Statement of Appeal together with the $50 appeal fee within 17 days after ODES mails the decision. The applicant may only appeal an adverse decision, in which ODES denied all or a portion of the dispute. The appeal is heard by the Hearing Examiner, who will conduct a closed record hearing on the fee estimate appeal. The burden is on the' applicant to demonstrate that the fee estimate is unreasonable. If the Hearing Examiner determines that ODES' fee estimate was unreasonable, the Hearing Examiner may modify the fee estimate or provide other relief the Hearing Examiner determines is reasonably necessary. If the applicant is the substantial prevailing party on the appeal, the $50 appeal fee is refunded. The Hearing Examiner's decision is final. Acknowledgement and the required application materials are mandatory prior to the review of the permit application. In addition, you are still required to pay the deposit, current balance and any future installments. Failure to do so will result in finance charges. PM-Engineering__Mar08r Page 3 ' • ~ King County Land Use Services Division Engineering Review Section Printed Data 08/25/08 Project Management Fee Estimating Worksheet Permit Type: 1Flnal Blndliig Site Plan 1 Prepared For: !Rolling Hill Townhomes PermiVPreApp No: ri:OSFR03fl Permit Type: FtNAL Submitted: !08/13/2008 ----.~ --------i Subtype: FINAL-BS Current Hourlv Rafa: $ 140.00 Fixed Fees: Budget Default Hours Date Prepared: Oescrintion of Fees Authority A~C6'(Jrifetsetvice·tntake-2r:·oa:030 Intake Group 2 B. Fire Flow and Access 27.10.040 Listed Fees Hours Est. 205.00 Applicable Base/Fixed Fee $ 205.00 Type of Permit Not Applicable 0. Forestry/Tree Retention 27.10.090 : --o-:ilO! Acres I Engineering Review: (ER) E~SitEi'iji,Qii'i'eering·review~""""""27:·10:oao I Final Survey Review: (FR) ''EStiifii:lte'""'- 13 r---12!Hrs. Hourlv Fee Justification Initials $ 1,680.00 ~Buildinfl and Drainage -----i r·~ F·.-..-.~subdiVfS10r1"'!.:'fif'i'al"r8vlew:•m- Boundary !ine adjustment 27: 1 o·:2oo·~·=;o"W"U/m,m'M'""'" 27.10.220 Estin'ia'tie""'""'"'"'""·'""""""""'"=m·" 32 ,-471 Hrs. $ 6,580.00 liiiock breakdown and City of Renton ap I ,--1 Constructabili Review Fees: SI G'.""""'"fh'SPecUons ·' """'-'"'"""1'"'"'27·:02:100 Review and Fee Estimate 0 f ~-2:Hrs. I Project Management Fees: (PM) H'."""""''G'e'ii'Efra1··se"rvii::e fee. 21:02·:100~5% Fee est. and Project Management 9 7 (-f!Hrs. !Traffic Review Fees: (TR) 1:-" DOT'S1.i'j:>'jj'6'ifStatt'"'1""'"'"'"m" 0 r-----.. ._· __ orHrs. Current Plannln Review Fees: PR I Critical Areas Review Fees: (G01 ST &/or WL) K:"""'"'''Criti"cal·areas·reviBw~""'"''"'27:10:130 D. Nonresidential review Geotech $72s.oo r--No I o Streams Wetlands --0--1---61 Hrs. 0 --0-'Hrs. O ,--0-i Hrs. Critical Area Estimate after 5 hours: O O Hrs. &Other Review feea: (PE) N. Other {Shorelines, FPA) 0. Plans Examiner Review 27.10.140 J-!Hrs. r--;·Hrs. Enter Fixed + plan review fee from Permit Plus: r-1 Total Fixed Fees: $ 205.00 $ $ 280.00 [OK to Record 980.00 ,------ --~~-----_-_-_-_-_-_-_· ------~, ,-"1 JJ fRec Plan ____ ----· ----1 i-------i · ---------------, I ,-, ---1 ' i '-----------1--' ,-, ["------------, ,-, " Estimated Review H.ours Above Base Hours: 69 Hourly Fee: $ 9,660.00 Total Estimated Review Hours: 69 Total Fee Estimate: $ 9,865.00 Update Version 061107 King County Department of Development and Environmental Services 900 Oakesdale Ave SW Renton, Washington 98055· 12 l 9 • Wednesday, September 10, 2008 ( FEE RECEIPT \ A_ctivity Number: I i Project Number: L08FR032 B02LJ60J A1>plicant: M R MASTRO PROPERTIES 510 RAINIER AVES SEATTLE WA 98144 I 206 323 5393 ______ J __________ --- ' Description Counter Service Fees TRS Hourly Fee: Engineering Plan Review Deposit Based on Est Hrs SUBTOTAL: Chccklog Check # Payee Jl_ : ;%: .. , . I ~ _-, l Description Chccklog . Check# Payee Check ------· 13450 MR MASTRO PROPERTIES ========================-Check 3833 M R MASTRO PROPERTIES Date Entered Date Entered Amount $205.00 $385.00 $175.00 $765.00 Amount 09/10/2008 ($941.00) 0~1_1213~0_8 _____ ($8,924JJO) SUB TOTAL: ($9,865.00) CHANGE GIVEN: $0.00 BALANCE DUE: ($9,100.00) The fees shown above represent current charges as of this date and are an estimate based on the information provided to DDES at the time of application. ODES permit fees were restructured effective March 4th, 1999. Many fees previously assessed a flat fee, now are assessed as hourly charges. Because of this change, and to ensure that our customers secure permits as quickly as possible, permits may be issued prior to all hourly charges being recorded into our billing system. For services that are rendered on an hourly basis, the cost of those services will be based on the actual hours worked. Hourly fees are charged at the rate in effect at the time of service, and will be billed monthly, along with any other outstanding fees. Fees that have been posted prior to permit issuance will be collected at that time. Fees subsequently posted will be billed to the applicant. All fees must be paid In full before DOES issues Final Approval, T.C.O. or C.O. Printed on: Wednesday. September JO, 2008 at 12:40:46 Pagclofl ROLLING HILLS LOT CLOSURES.txt --------------------------------------------------------------------------- Parcel name: LOT 1 North: 4974.64 East 5367.27 curve Len 1th: 39.27 Radius: 25.00 De ta: 90-00-00 Tangent: 25.00 chord: 35.36 / course: s 45-43-28 E course In: S 00-43-28 E course out: N 89-16-32 E RP North: 4949.64 East 5367.59 End North: 4949.96 East : 5392.58 Line course: S 00-43-28 E Length: 49.00 North: 4900.96 East 5393.20 curve Len 1th: 39.27 Radius: 25.00 De ta: 90-00-00 Tangent: 25 .00 chord: 35.36 course: s 44-16-32 w course In: s 89-16-32 w course out: s 00-43-28 E RP North: 4900.65 East 5368.21 End North: 4875.65 ; East 5368.52 Line course: s 89-16-32 w Length: 3.50 North: 4875.61 East 5365.02 Line course: N 00-43-28 W Length: 99.00 North: 4974.60 East 5363. 77 Line course: N 89-16-32 E Length: 3.50 North: 4974.64 East 5367.27 Perimeter: 233.54 Area: 2,553 sq.ft. 0.06 acres Mapcheck closure -(Uses listed Error closure: 0.00 Error North: -0.000 courses, radii, and deltas) course: s 00-00-00 w East : 0.000 Precision 1: 233,540,000.00 - --------------------------------------------------------------------------- Parcel name: Lot 2 North: 4974.22 Line course: N 89-16-32 E North: 4974.60 Line course: s 00-43-28 E North: 4875.61 Line course: s 89-16-32 w North: 4875. 23 Line course: N 00-43-28 w North: 4974.22 East : 5333.77 Length: 30.00 East 5363.77 Length: 99.00 East 5 365. 02 Length: 30.00 East 5335.02 Length: 99.00 _East 5333. 77 Perimeter: 258.00 Area: 2,970 sq.ft. 0.07 acres Mapcheck closure -(Uses listed Error closure: 0.00 courses, radii, and deltas) course: s 90-00-00 E East : 0.000 Error North: 0.000 Precision 1: 258,000,000.00 --------------------------------------------------------------------------- Parcel name: LOT 3 North: 4794.91 East 5389.54 Page 1 ROLLING HILLS LOT CLOSURES.txt Line course: 5 89-16-32 w Length: 30.00 North: 4794. 53 East 5359.55 Line course: S 00-43-28 E Length: 92.74 North: 4701. 80 East 5360.72 Line course: N 88-30-03 E Length: 30.00 North: .. 4702. 58 East 5390.71 Line course: N 00-43-28 W Length: 92.33 North: 4794.90 East 5389.54 Perimeter: 245.07 Area: 2,776 sq.ft. 0.06 acres Mapcheck closure -(Uses listed Error closure: 0.01 courses, radii, and deltas) course: s 31-23-36 w East : -0.003 Error North: -0.004 Precision 1: 24,507.00 --------------------------------------------------------------------------- Parcel name: LOT 4 North: 4794.91 East : 5389.54 Line course: N 89-16-32 E Length: 15.00 North: 4795.10 East 5404. 54 Line course: S 19-09-34 E Length: 15.81 North: 4780.16 East 5409.73 Line course: S 00-43-28 E Length: 77.06 North: 4703.11 East 5410. 71 Line course: 5 88-30-03 w Length: 20.00 North: 4702. 59 East 5390.71 Line course: N 00-43-28 W Length: 92. 33 North: 4794.91 East 5389.55 Perimeter: 220.20 Area: 1,806 sq.ft. 0,04 acres Mapcheck closure -(uses listed Error closure: 0.00 courses,· radii, and deltas) course: N 56-34-10 E East : 0.001 Error North: 0.001 Precision 1: 220,200,000.00 --------------------------------------------------------------------------- Parcel name: LOT 5 North: 4795 .10 East : 5404.54 Line course: N 89-16-32 E Length: 112.22 North: 4796. 52 East : 5516.75 Line course: s 00-43-28 E Length: 20.00 North: 4776. 52 East ; 5517 .01 Line course: 5 89-16-32 w Length: 107.22 North: 4775.16 East 5409.80 Line course: N 00-43-28 W Length: 5.00 North: 4780.16 East 5409.73 Line course: N 19-09-34 W Length: 15.81 North: 4795.10 East 5404.54 Perimeter: 260.25 Area: 2,182 sq.ft. 0.05 acres Mapcheck closure -(uses listed Error closure: -0.00 Error North: -0.001 Precision 1: 260,250,000.00 courses, radii, and deltas) course: s 18-34-36 E East : 0.000 Page 2 ROLLING HILLS LOT CLOSURES.txt Parcel name: LOT 6 North: 4810. 35 East : 5424.35 Line course: N 89-16-32 E Length: 92.22 North: 4811. 52 East 5516. 56 Line course: s 00-43-28 E Length: 15.00 North: 4796.52 East 5516. 75 Line course: s 89-16-32 w Length: 92.22 North: 4795.35 East 5424.54 Line course: N 00-43-28 w Length: 15.00 North: 4810.35 East 5424.35 Perimeter: 214.44 Area: 1,383 sq.ft. 0.03 acres Mapcheck closure -(Uses listed Error closure: 0.00 courses, radii, and deltas) course: s 90-00-00 E East : 0.000 Error North: 0.000 Precision 1: 214,440,000.00 ---------------------------------------------------------.----------------- Parcel name: LOT 7 North: 4825.35 East : 5424.16 Line course: N 89-16-32 E Length: 92.22 North: 4826. 51 East 5516.37 Line course: s 00-43-28 E Length: 15.00 North: 4811. 52 East 5516. 56 Line course: s 89-16-32 w Length: 92.22 !, \ North: 4810. 35 East 5424.35 Line course: N 00-43-28 w Length: 15.00 North: 4825.35 East 5424.16 Perimeter: 214.44 Area: 1,383 sq.ft. 0.03 acres Mapcheck closure -(Uses listed Error closure: 0.00 courses, radii, and deltas) course: s 90-00-00 E East : 0.000 Error North: 0.000 Precision 1: 214,440,000.00 --------------------------------------------------------------------------- Parcel name: LOT 8 North: 4840.35 East : 5423.97 Line course: N 89-16-32 E Length: 92.22 North: 4841. 51 East 5516.19 Line course: s 00-43-28 E Length: 15.00 North: 4826. 51 East 5516.37 Line course: s 89-16-32 w Length: 92.22 North: 4825.35 East 5424.16 Line course: N 00-43-28 w Length: 15.00 North: 4840.35 East 5423.97 Perimeter: 214.44 Area: 1,383 sq.ft. 0.03 acres Mapcheck closure -(uses listed courses, radii, and deltas) Page 3 ROLLING Error closure: 0.00 Error North: 0.000 Precision 1: 214,440,000.00 HILLS LOT CLOSURES.txt course: s 90-00-00 E East : 0.000 --------------------------------------------------------------------------- Parcel name: LOT 9 North: 4855.35 East : 5423.78 Line course: N 89-16-32 E Length: 92.22 North: 4856. 51 East 5516.00 Line course: S 00-43-28 E Length: 15.00 North: 4841. 51 East 5516.19 Line course: s 89-16-32 w Length: 92.22 North: 4840.35 East 5423.97 Line course: N 00-43-28 W Length: 15.00 North: 4855.35 East 5423.78 Perimeter: 214.44 Area: 1,383 sq.ft. 0.03 acres Mapcheck closure -(Uses listed Error closure: 0.00 · Error North: 0.000 Precision 1: 214,440,000.00 courses, radii, and deltas) course: s 90-00-00 E East : 0.000 --------------------------------------------------------------------------- Parcel name: LOT 10 North: 4875.34 East : 5423.53 Line course: N 89-16-32 E Length: 92.22 '·North: 4876. 51 East 5515. 74 Line course: S 00-43-28 E Length: 20.00 North: 4856.51 East 5516.00 Line course: s 89-16-32 W Length: 92.22 North: 4855.35 East 5423.78 Line course: N 00-43-28 W Length: 20.00 North: 4875.34 East 5423.53 Perimeter: 224.44 Area: 1,844 sq.ft. 0.04 acres Mapcheck closure -(uses listed Error closure: 0.00 Error North: 0.000 Precision 1: 224,440,000.00 courses, radii, and deltas) course: s 90-00-00 E East : 0.000 ... --------------------------------------------------------------------------- Parcel name: LOT 11 North: 4895.34 Line course: N 89-16-32 E North: 4896. 51 East : 5423.28 Length: 92.22 Line course: s 00-43-28 E Length: East 20.00 East Length: 92.22 East Length: 20.00 5515.49 5515.74 5423.53 5423.28 North: 4876. 51 Line course: s 89-16-32 w North: 4875. 34 Line course: N 00-43-28 w. North: 4895. 34 East Page 4 ROLLING HILLS LOT CLOSURES.txt Perimeter: 224.44 Area: 1,844 sq.ft. 0.04 acres Mapcheck closure -(Uses listed Error closure: 0.00 courses, radii, and deltas) course: s 90-00-00 E East : 0.000 Error North: 0.000 Precision 1: 224,440,000.00 --------------------------------------------------------------------------- Parcel name: LOT 12 North: 4910.34 East : 5423.09 Line course: N 89-16-32 E Length: 92.22 North: 4911. 51 East 5515.30 Line course: s 00-43-28 E Length: 15.00 North: 4896. 51 East 5515.49 Line course: s 89-16-32 w Length: 92.22 North: 4895. 34 East 5423.28 Line course: N 00-43-28 W Length: 15.00 North: 4910.34 East 5423.09 Perimeter: 214.44 Area: 1,383 sq.ft. 0.03 acres Mapcheck closure -(uses listed Error closure: 0.00 courses, radii, and deltas) Course: S 90-00-00 E East : 0.000 Error North: 0.000 Precision 1: 214,440,000.00 --------------------------------------------------------------------------- Parcel name: LOT 13 :-.1,. North: 4925.34 East : 5422.90 Line course: N 89-16-32 E Length: 92.22 North: 4926.51 East 5515.11 Line course: S 00-43-28 E Length: 15.00 North: 4911. 51 East 5515.30 Line course: S 89-16-32 W Length: 92.22 North: 4910. 34 East 5423.09 Line course: N 00-43-28 W Length: 15.00 North: 4925. 34 East 5422.90 Perimeter: 214.44 Area: 1,383 sq.ft. 0.03 acres Mapcheck Closure -(Uses listed Error closure: 0.00 courses, radii, and deltas) course: s 90-00-00 E East : 0.000 Error North: 0.000 Precision 1: 214,440,000.00 --------------------------------------------------------------------------- Parcel name: LOT 14 North: 4940.34 East : 5422.71 Line course: N 89-16-32 E Length: 92.22 North: 4941. 51 East 5514.92 Line course: s 00-43-28 E Length: 15.00 North: 4926. 51 East 5515.11 Line course: s 89-16-32 w Length: 92.22 North: 4925.34 East 5422.90 Page 5 ,·. t• ROLLING HILLS LOT CLOSURES.txt Line course: N 00-43-28 w Length: 15.00 North: 4940.34 East : 5422.71 Perimeter: 214.44 Area: 1,383 sq.ft. 0.03 acres Mapcheck closure -(uses listed Error closure: 0.00 Error North: 0.000 courses, radii, and deltas) course: s 90-00-00 E East : 0.000 Precision 1: 214,440,000.00 --------------------------------------------------------------------------- Parcel name: LOT 15 North: 4975. 65 East : 5447.26 Line course: N 89-16-32 E Length: 67.22 North: 4976. 50 East 5514.48 Line course: S 00-43-28 E Length: 35.00 North: 4941. 51 East 5514.92 Line course: S 89-16-32 w Length: 92.22 North: 4940. 34 East 5422.71 Line course: N 00-43-28 W Length: 10.00 North: 4950.34 East 5422. 58 curve Len~th: 39.27 Radius: 25 .oo De ta: 90-00-00 Tangent: 25.00 chord: 35.36 course: N 44-16-32 E course In: N 89-16-32 E Course out: N 00-43-28 w · RP North: 4950.66 East 5447.58 End North: 4975.65 East 5447.26 Perimeter: 243.71 Area: 3,094 sq.ft. 0.07 acres Mapcheck closure -(Uses listedlcourses, radii, and deltas) Error closure: 0.00 Course: N 45-00-00 E Error North: 0.000 East : 0.000 Precision 1: 243,710,000.00 --------------------------------------------------------------------------- Parcel name: TOTAL PARCEL North: 4973.72 East : 5294.70 Line course: s 00-43-28 E Length: 300.00 North: 4673.75 East : 5298.49 Line course: N 89-16-32 E Length: 112. 58 North: 4675.17 East : 5411.06 Line course: N 00-43-28 w Length: 100.00 North: 4775 .16 East : 5409.80 Line course: N 89-16-32 E Length: 107.22 North: 4776. 52 East : 5517.01 Line course: N 00-43-28 w Length: 200.00 North: 4976. 50 East : 5514.48 Line course: s 89-16-32 w Length: 219.80 North: 4973. 72 East 5294.70 Perimeter: 1039.60 Area: 55,218 sq.ft. 1.27 acres Mapcheck closure -(Uses listed Error Closure: 0.00 Error North: 0.000 Precision 1: 1,039,600,000.00 courses, radii, and deltas) course: N 45-00-00 w East : -0.000 Page 6 •. ROLLING HILLS LOT CLOSURES.txt --------------------------------------------------------------------------- Parcel name: TRACT A North: 4974.64 Line course: N 89-16-32 E North: 4975.65 curve Length: 39.27 Delta: 90-00-00 chord: 35.36 course In: s 00-43-28 E RP North: 4950.66 End North: 4950.34 Line course: s 00-43-28 E North: 4795.35 Line course: s 89-16-32 w North: 4794.97 Line course: N 00-43-28 w North: 4824.97 curve Length: 39.27 Delta: 90-00-00 chord: 35. 36 course In: s 89-16-32 w RP North: 4824.65 End North: 4849.65 Line course: s 89-16-32 w North: 4849.23 Line course: N 00-43-28 w North: 4875.23 Line course:. N 89-16-32 E North: 4875.61 Line course: N 89-16-32 E North: 4875.65 curve Length: 39.27 Delta: 90-00-00 chord: 35.36 course In: N 00-43-28 w RP North: 4900.65 End North: 4900.96 Line course: N 00-43-28 W North: 4949.96 curve Length: 39.27 Delta: 90-00-00 chord: 35.36 course In: s 89-16-32 w RP North: 4949.64 End North: 4974.64 East : 5367.27 Length: 80.00 East 5447.26 Radius: 25.00 Tangent: 25.00 course: 5 44-16-32 w course out: 5 89-16-32 w East : 5447.58 East : 5422.58 Length;. 15 5. 00 East 5424.54 Length: 30.00 East : 5394.54 Length: 30.00 East 5394.16 Radius: 25.00 Tangent: 25.00 course: N 45-43-28 W course out: N 00-43-28 W East 5369.17 East 5368.85 Length: 33.50 East 5335.35 Length: 26.00 East 5335.02 30.00 Length: East : 5365.02 Length: 3. 50 .i-> East : 5368.52 Radius: 25.00 Tangent: 25.00 course: N 44-16-32 E course out: N 89-16-32 E East 5368.21 East : 5393.20 Length: 49.00 East : Radius: Tangent: · course: Course out: East East 5392.58 25.00 25.00 N 45-43-28 W N 00-43-28 W 5367.59 5367. 27 · Perimeter: 594.08 Area: 7,458 sq.ft. 0.17 acres Mapcheck closure -(uses listed Error closure: 0.00 courses, radii, and deltas) course: N 45-00-00 w East : -0.000 Error North: 0.000 Precision 1: 594,080,000.00 --------------------------------------------------------------------------- Parcel name: TRACT B North: 4849.15 East 5329.32 Page 7 ,,;, ,..., ROLLING HILLS LOT CLOSURES.txt Line course: N 89-16-32 E Length: 39.53 North: 4849.65 East 5368.85 curve Len~th: 39.27 Radius: 25.00 De ta: 90-00-00 Tangent: 25.00 chord: 35.36 course: s 45-43-28 E course In: s 00-43-28 E course out: N 89-16-32 E RP North: 4824.65 East 5369.17 End North: 4824.97 East 5394.17 Line course: s 00-43-28 E Length: 8.00 North: 4816.97 East 5394.27 Line course: s 89-16-32 w Length: 30.00 North: 4816. 59 East 5364.27 Line course: S 00-43-28 E Length: 22.00 North: 4794.59 East 5364.55 Line course: S 89-16-32 w Length: 35.63 North: 4794.14 East 5328.92 Line course: N 12-32-13 W Length: 0.61 North: 4794.74 East 5328.79 Line course: N 00-33-47 E Length: 54.41 North: 4849.15 East 5329.32 Perimeter: 229.45 Area: 2,789 sq.ft. 0.06 acres Mapcheck closure -(uses Error closure: 0.01 Error North: -0.007 Precision 1: 22,945.00 listed courses, radii, and deltas) course: s 18-30-50 w East : -0.002 --------------------------------------------------------------------------- Parcel name: TRACT E North: 4816. 59 East : 5364.27 Line course: N 89-16-32 E Length: 30.00 North: 4816.97 East 5394.27 Line course: s 00-43-28 E Length: 22.00 ·North: 4794.97 East 5394.54 Line course: S 89-16-32 w Length: 30.00 North: 4794.59 East 5364.55 Line course: N 00-43-28 w Length: 22.00 North: 4816. 59 East 5364.27 Perimeter: 104.00 Area: 660 sq.ft. 0.02 acres Mapcheck closure -(Uses listed Error closure: 0.00 courses, radii, and deltas) course: s 90-00-00 E East : 0.000 Error North: 0.000 Precision 1: 104,000,000.00 ---------------------------------~----------------------------------------- Parcel name: TRACT G North: 4973.72 Line course: s 00-43-28 E North: 4673. 75 Line course: N 89-16-32 E North: 4675.17 Line course: N 00-43-28 w North: 4703.11 Line course: s 88-30-03 w East : Length: Length: Length: Length: 5294.70 300.00 East : 5298.49 112.58 East 5411.06 27.94 East 5410. 71 50.00 Page 8 ' .. ROLLING HILLS LOT CLOSURES.txt North: 4701. 80 East 5360.72 Line course: N 00-43-28 W Length: 92.74 North: 4794.53 East 5359.55 Line course: s 89-16-32 w Length: 30.63 North: 4794.15 East 5328.92 Line course: N 12-32-13 W Length: 0.61 North: 4794.74 East 5328.79 Line course: N 00-33-47 E Length: 54.41 North: 4849.15 East 5329.33 Line course: N 89-16-32 E Length: 6.03 North: 4849.23 East 5335. 36 Line course: N 00-43-28 W Length: 125.00 North: 4974.22 East 5333. 77 Line course: s 89-16-32 W Length: 39.08 North: 4973.72 East : 5294.70 Perimeter: 839.02 Area: 15,559 sq.ft. 0.36 acres Mapcheck closure -(Uses listed Error closure: 0.00 Error North: -0.003 Precision 1: 839,020,000.00 courses, radii, and deltas) course: s 40-26-13 E East : 0.002 Page 9 Simmons, Pat From: Sent: To: Subject: Simmons, Pat Tuesday, December 16, 2008 9:32 AM 'Kenneth Glasby' Rolling Hills Bind Site Plan I think you talked to Ray Floren! this morning and we will proceed to review the plans. I had a Doctors appointment yesterday, therefore I was gone all day. Sorry I missed your call Questions give me a call Pat Simmons 206-296-6636 Pat.Simmons@Kingcounty.gov 1 0 King County Department of Development And Environmental Services 900 Oakesdale A venue Southwest Renton, WA 98055-1219 John Mastandrea 2411 South 248'h Unit D-16 Kent, WA 98032 March 26, 2003 RE: Rolling Hills Residential Development 802L 1601/80310075-Landscape Inspection Notice Dear Applicant: This letter is to notify you that Site Engineering and Planning Section staff will perform the landscape inspections for the Rolling Hills project. Staff time spent performing these inspections is billed at our current hourly rate of $138.00 (Ordinance No. 13332, Title 27). The initial landscape installation inspection will be performed under your current DOES building permit project, B02L 1601. Staff time spent to inspect the required · installed landscaping will be billed to this project number as part of the base application fee. The installation inspection must be completed prior to issuance of final occupancy for the project. The project can be occupied temporarily ("TCO") before the landscape installation is complete, provided a performance bond for the full bond amount is posted with the County. All required landscaping must be fully installed before the landscape bond amount will be reduced to a maintenance level. The reduced maintenance level is 30% of the initial bond figure. The installation bond is seldom posted because it is unusual that landscape installation issues remain prior to occupancy. Therefore, the maintenance figure is all we require normally prior to occupancy. The subsequent two-year landscape maintenance inspection is performed after the plants have had two growing seasons to become established. We track this future inspection, by establishing a maintenance activity now. To enable us to contact you. or your client. in the future regarding the maintenance inspection. please provide us the name. address and phone number(s) of the responsible contact person. This is imperative so we can follow through with final questions and details related to release of the maintenance bond. Your landscape maintenance inspection activity number is 80310075. An initial deposit in the amount of $428.95 is required at this time to cover the intake fee as well as a portion of the estimated hourly fee associated with this inspection (Ordinance No. 13332, Title 27). John Mastanrea March 26, 2003 Page 2 • Please reference your activity number and provide a copy of this correspondence when remitting payment to our finance office, located in the main reception area on the first floor at DDES. Our address is 900 Oakesdale Avenue Southwest in Renton. Payment must be received before the building is occupied and the permit is finaled If you have any questions regarding the inspection process please contact me at (206) 296-7120 or Jill Schmieder at (206) 296-6787 1{;1y, ~ Nancy Jes Goree', Planner II Site Engineering and Planning Section Enclosure: (1) cc: Jim Chan, Supervisor, Site Engineering and Planning Section, Building Services Section Dave Sandstrom, Project Manager/Planner Ill, Site Engineering and Planning Section Jill Schmieder, Engineer I, Site Engineering and Planning Section Stacy Graves, Permit Technician II, Financial Guarantee Management Unit Letter 1: Landscape Inspection Notice John Mastanrea March 26, 2003 Page 2 Please reference your activity number and provide a copy of this correspondence when remitting payment to our finance office, located in the main reception area on the first floor at DOES. Our address is 900 Oakesdale Avenue Southwest in Renton. Payment must be received before the building is occupied and the permit is finaled If you have any questions regarding the inspection process please contact me at (206) 296-7120 or Jill Schmieder at (206) 296-6787 Sincerely, ~A,1~ , tu. /'l • r , . . . Nancy ~s Goree', Planner II Site Engineering and Planning Section Enclosure: ( 1) cc: Jim Chan, Supervisor, Site Engineering and Planning Section, Building Services Section Dave Sandstrom, Project Manager/Planner Ill, Site Engineering and Planning Section Jill Schmieder, Engineer I, Site Engineering and Planning Section . Stacy Graves, Permit Technician II, Financial Guarantee Management Unit Letter 1 : Landscape Inspection Notice .:?,u n 2 7 0 2 0 1 : 1 Op "'"D Tobiason ~ 4"5 771 5728 p.2 N~2~~ ~v0~ (/, 2-7-oz '((,L. I.:'.A,DSCAPE BOND QUANTITY FORM King County Dept. of Dcvc:lopun:nt and Environment.al Services 3600 · l )6th Place Southeast Oc\lcvue, WA 98006-l400 206/296-6600 PROJECT NAME -9.f;, ! (/f;_~ 9T P?f?(?f (JJ11//{?11J1(//t,;'l)/i<3 DDES PROJECT# ~l-1 ~o / PREPARED BY: Bonds arc based upon required lendscaplflg only and will be posted for perform11nce and/or maintenance. R«1.uired landscaplflg U'lcludes perimeter land\cspi.n.g, surface park.fog area landscaping, (KCC 21A.16) and any land,c11ping required by SEPA environmental review. The maintenance period is for the life of the project, however, alkr posling for maintenance, the performance bond will be reduced by JO% (SI ,000.00 minimum) end be held for none yea.r period. Upon re-inspection of 1he site the bond wiU be released if the site has been rropcrl) rnaintaine!l (21 A.16.180). lf the project hns noL been inointained and there are deed lreA:s, shrubs, ground cover, or other dericiencie~ noted in the required landscttplng, lhC bond will be held unlil the <lcficicncie, arc corre,;ted. ! SOD LAWN AREAS ~ROSEEDING SOil, PREPARATION A. TOPSO!L (6 !NCI\,~, DEEP) 8. MULCH (2 lNCHE-S DEEP) C. PEAT MOSS (TWO lNCHE-S DEEP) D. COMNJST (J INCHES DEEP&. TILUNG E FERTIL!ZER PLANT MATERIALS S500.00 S50.00 $25.00 S4. 00 $2.30 $26.00 S6.67 PRICE MSF (1000 SQ. rn MSF (1000 SQ. FT) {P'7(}{) CY (CUBIC YARD) ~? v.tf, '2-075 SY (SQUARE YARD) -z... 7 (0, (/77 SY (SQUARE YARD) SY (SQUARE YARD) CY (CUB!C YARD) /OV ILA.:.·.:.D:..E::.C:.:l:.:D.:.U.:.O.:.U:.:S_T.:.RE=E:::S~-----l-------1--------l--------1-----·--·- l.75 · '2.00" CALlPER 1~.,..•=•~1.;~" ,o·i ,Ell!M'E'li,~ & ,,.ll~C,'JtF.AS 1.5 . 1.75· CALIPER 1/'<lfJIJOR I..V'OJC.,,.rt,.CO~ 01"111.R RLQVIRF.D L.vi05CA/"L"O 8. EVERGREEN TREES FIVE (5) FEET OR ABOVE C. SHRUBS I SUB TOTAL BOND AMOUNT DVtlOf-."[X)UAJ..fR~!/Omh:r IS. 1"9S 1250.00 EACH 1225.00 EACH $150.00 EACH 135.00 EACH COST & LABOR I I.I COST & LABOR COST & LABOR (-::, COST & LABOR noND AMOUNT sun TOTAL: $ ~/,-,i;O I OF 2 Jun 27 02 01:llp MSD Tobiason 4 :>5 771 5728 -tt~~~ ~-·m:~;5t~ttwf;1?~:j~ff'.:?Ji{~~f:: ,, ,,. ~ ... .,r. .. ,,,\··,: ::.K~'I) t;, .•.. _,'\.:rc.:.~ni ..... , ,v, .!' .. , l~~a ~-• ... ,. ..... , ....... ,, _::;.\~i:-:·.,-~?it:.'.\IJ/~:~1t,·,.~.1;t~ :B·. :~."-~~?.M.-. !\~,~-.:~ .;lr:~tt·v:.·:~;~~t , Q ~.t·· •c ''. '·-"~ •,_,,_,., . . . .-.~li'.I 1~~1 '·'1ivl4cri iHf<i . ,t.,• •• ,tt,/,r.~. . ·-·,, :·, tt,.;•.,.' .-, ..... ,.,,., .. " -· ,,., ',"-"', D GROUND COYER 14.00EAOl COST & [.ABOR 600 '//000 MJSCELLANEOUS 1REESTAKES $2.65 EA01 PER STAKE& 11' { '1(;:l LABOR FKNCING: LINEARPOOT -SOLID WOOD CEDAR 128.50 INCLUDES LABOR BER.\1INO $17.50 LINEAR POOT -INCLUDES [.ABOR IRRlGATlON 801 SQUARE FOOT /',j, 4--117 tt?, 71~ . RELOOI.TING TRFllS ON SITE 36" BALL $260.00 EACH - 60" BALL $920.00 EACH - RELOCATING SHRUBS ON SITE . 11" BALL $26.00 EAQ! 24" BALL S'.l3.00 ~ACH . ADDITTONAL ITEMS I ,P I I A /J IV XAfl -n ro.V ,IYL. "'1) ,_ ' I~ :~ I • I p1v4t, 2, l 7.,. ,,,, ,q -z, • r?aA-l.--1 ?,; I . ;':,D TOTAL BOND PRICE: TOTAL BOl'<'D AMOUNT $ 1-4, 741-' I .1un 27 02 DI: lip MSD Tobiason ""5 771 5728 p.4 .. • Project Name: Project Address: IWB Formula: IWB ET: AF: LA: CF: IWB Formula in Simplest Terms: Landscape Area: IRRIGATION WATER BUDGET FORM 0:5-. !f/fjrb. 1T Off(t-.x vtJ1?dt?m1n1vm-s IWB = ET X AF X LA X CF Irrigation Water Budget Evapotranspiration Rate ( 14 .49 ") Adjustment Factor (0. 8) Landscape Area(??? Square Feet) Conversion Factor (0.62) IWB = 7.18704 x LA __ /_~'->l~~-~!3 ____ Square Feet x 7.18704 = IRRJGATION WATER BUDGET: TOTAL ESTIMATED WATER USE: ~t?/-'--(!'-P/_f?_1~~~GALLONS ~f~S.,_,_2.tf---=2'---~-GALLONS Enter Total Estimated Water Use from Estimated Water Use Form. Total Estimated Water Use Fonn must accompany Irrigation Water Budget Form. Total Estimated Water Use may not exceed Irrigation Water Budget. PW -16 · Jun 27 02 01: llp .... SD Tobiason '"5 771 5728 4 ·, ' •• {J', 2,7,0Z. TOT AL ESTIMATED WATER USE FORM Project Name: g,c,, tvf:?!!2 tfrr. Pl!p(?)< tt57mom1/71t1!J}q, Project Address: EWU Formula: EWU: ET: PF HA: CF: IE: EWU Formula in Simplest Terms EWU ,;, ET X PF X HA X CF/ IE Estimated Water Use (per hydrozone) Evapotranspiration Rate ( 14.49") Plant Factor (as determined for hydrozone) Hydozone Area (in Square Feet) Conversion Factor (0.62) Irrigation Efficiency (Either 0.625 or 0.925) When IE= 0.625: EWU = 14.374 x PF x HA EWU Formula in Simplest Terms When IE= 0.925: EWU = 9.712 x PF x HA HA in Hydrozone Square Feet (/.51G (/)100 TOTAL SF: Hydrozone Average PF 'f2 I z.. Hydrozone Irr. Eff. 14.374 OR 9.712 TOTALEWU: (Anach additional forms if necessary) PW -17 = = = = = = EWU 7S, Z.u,l /1 qio p.5 0 King County Department of Development And Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 John Mastandrea 2411 South 248'h Unit D-16 Kent, WA 98032 March 26, 2003 RE: Rolling Hills Residential Development 802L 1601/80310075-Landscape Inspection Notice Dear Applicant: This letter is to notify you that Site Engineering and Planning Section staff will perform the landscape inspections for the Rolling Hills project. Staff time spent performing these inspections is billed at our current hourly rate of $138.00 (Ordinance No. 13332, Title 27). The initial landscape installation inspection will be performed under your current DOES building permit project, B02L 1601. Staff time spent to inspect the required installed landscaping will be billed to this project number as part of the base application fee. The installation inspection must be completed prior to issuance of final occupancy for the project. The project can be occupied temporarily ("TCO") before the landscape installation is complete, provided a performance bond for the full bond amount is posted with the County. All required landscaping must be fully installed before the landscape bond amount will be reduced to a maintenance level. The reduced maintenance level is 30% of the initial bond figure. The installation bond is seldom posted because it is unusual that landscape installation issues remain prior to occupancy. Therefore, the maintenance figure is all we require normally prior to occupancy. The subsequent two-year landscape maintenance inspection is performed after the plants have had two growing seasons to become established. We track this future inspection, by establishing a maintenance activity now. To enable us to contact you. or your client. in the future regarding the maintenance inspection. please provide us the name. address and phone number(s) of the responsible contact person. This is imperative so we can follow through with final questions and details related to release of the maintenance bond. Your landscape maintenance inspection activity number is 80310075. An initial deposit in the amount of $428.95 is required at this time to cover the intake fee as well as a portion of the estimated hourly fee associated with this inspection (Ordinance No. 13332, Title 27). John Mastanrea March 26, 2003 Page 2 Please reference your activity number and provide a copy of this correspondence when remitting payment to our finance office, located in the main reception area on the first floor at ODES. Our address is 900 Oakesdale Avenue Southwest in Renton. Payment must be received before the building is occupied and the permit is finaled If you have any questions regarding the inspection process please contact me at (206) 296-7120 or Jill Schmieder at (206) 296-6787 ,~~ly, ~ Nancy ~s Goree', Planner II Site Engineering and Planning Section Enclosure: (1) cc: Jim Chan, Supervisor, Site Engineering and Planning Section, Building Services Section Dave Sandstrom, Project Manager/Planner Ill, Site Engineering and Planning Section Jill Schmieder, Engineer I, Site Engineering and Planning Section . Stacy Graves, Permit Technician II, Financial Guarantee Management Unit Letter I : Landscape Inspection Notice ® King County Department of Development And Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 John Mastandrea 2411 South 248'h Unit D-16 Kent, WA 98032 March 26, 2003 RE: Rolling Hills Residential Development 802L 1601/80310075-Landscape Inspection Notice Dear Applicant: This letter is to notify you that Site Engineering and Planning Section staff will perform the landscape inspections for the Rolling Hills project. Staff time spent performing these inspections is billed at our current hourly rate of $138.00 (Ordinance No. 13332, Title 27). The initial landscape installation inspection will be performed under your current ODES building permit project, B02L 1601. Staff time spent to inspect the required installed landscaping will be billed to this project number as part of the base application fee. The installation inspection must be completed prior to issuance of final occupancy for the project. The project can be occupied temporarily ("TCO") before the landscape installation is complete, provided a performance bond for the full bond amount is posted with the County. All required landscaping must be fully installed before the landscape bond amount will be reduced to a maintenance level. The reduced maintenance level is 30% of the initial bond figure. The installation bond is seldom posted because it is unusual that landscape installation issues remain prior to occupancy. Therefore, the maintenance figure is all we require normally prior to occupancy. The subsequent two-year landscape maintenance inspection is performed after the plants have had two growing seasons to become established. We track this future inspection, by establishing a maintenance activity now. To enable us to contact you. or your client. in the future regarding the maintenance inspection. please provide us the name. address and phone number{s) of the responsible contact person. This is imperative so we can follow through with final questions and details related to release of the maintenance bond. Your landscape maintenance inspection activity number is 80310075. An initial deposit in the amount of $428.95 is required at this time to cover the intake fee as well as a portion of the estimated hourly fee associated with this inspection (Ordinance No. 13332, Title 27). V soc DDES King County Department of Development and Environmental Services 900 Oakesdale Ave SW Renton, Washington 980551219 March 20, 2003 Summary of Cha..:ges 3-nd Payments Applicant: MASTANDREA, JOHN Activity Number: 2411 S 248TH UNIT D-16 Project Number: KENT, WA 98032 Development Number: Perm it Type: 206-982-6100 Status: Deposit Based on Est Hrs SUB TOTAL CHARGES: Description Check # Checklogid Payee Date Entered SUBTOTAL PAYMENTS: BALANCE: Page I of I 803!0075 802L1601 LS-MAINT OPEN Amount $97.751 $331.20 $428.95 Amount $0.00 $428.95 The fees shown above represent current charges as of this date and are an estimate based on the information provided to DOES at the time of application. For services that are rendered on an hourly basis, the cost of those services will be based on the actual hours worked. Hourly fees are charged at the rate In effect at the time of service, and will be billed monthly, along with any other outstanding fees. Fees that have been posted prior to permit issuance will be collected at that time. Fees subsequently posted will be billed to the applicant. All fees must be paid in full before DOES issues Final Aeproval, T.C.O. or C.O. Form No. 1402.06 Al TA Owner's Policy {6·17·06) SCHEDULE A Policy Pages flolicy Number: NCS-402426-WAl First American Title Insurance Company Name and Address of the issuing Tltle Insurance Company: First American Tltle Insurance Company 818 Stewart Street, Suite 800 Seattle, WA 98101 File No.: NCS-402426-WAl Address Reference: cascade Amount of Insurance: $3,000,000.00 Date of Polley: September 10, 2010 at 4:17 PM 1. Name of Insured: Washington Federal Savings Policy No.: NCS-402426-WAl 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. 1itle is vested in: Washington Federal Savings 4. The Land referred to in this policy is described as follows: Real property in the County of King, State of Washington, described as follows: LOT A, KING COUNTY BOUNDARY LINE ADJUSTMENT NO. L98L0073, RECORDED OCTOBER 21, 1998 UNDER RECORDING NO. 9810219010, IN KING COUNTY, WASHINGTON. APN: 289260-0038-00 First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) FIie No.: NCS-402426-WAl SCHEDULE B Polic:y Page 6 Polley Number; NCS-402426-WAl Polley No.: NCS-402426-WAl EXCEPTIONS FROM COVERAGE This Policy does not Insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise-by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public reoords. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. s. Any 1len, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, Imposed by law and not shown by the public records. 6. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or In Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, Including easements or equitable servitudes. · 7. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. First American Title Jnsurance Company Form No, 1402.06 Polley Page 7 Policy Number: NCS-402426·WA1 ALTA Owner's Policy (6·17·06) Part Two: 1. 2. 3. 4. 5. 6. 7. 8, 9. Delinquent General Taxes for the year 2009, plus interest and penalties. Tax Account No.: 289260-0038-00 Amount Billed: Amount Paid: Amount Due: Assessed Land Value: $ $ $ $ Assessed Improvement Value: $ 2,191.33 0.00 2,191.33 213,000.00 0.00 Delinquent General Taxes for the year 2008, plus Interest and penalties. Tax Account No.: 289260-0038-00 Amount Billed: $ 2,087.06 Amount Paid: $ 1,043.53 Amount Due: $ 1,043.53 Assessed Land Value: $ 203,000.00 Assessed Improvement Value: $ 0.00 Restrictions, conditions, dedications, notes, easements and provisions, If any, as contained and/or delineated on the face of the plat of Green Tracts No. 1 recorded in Volume 48 of Plats at Page 1, In King County, Washington. Reservations contained in Deed from the State of Washington recorded under Recording No. 1336934, reserving all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same. The terms, provisions and easement(s) contained in the document entitled "Agreement for Easement for Sewer Pipeline" recorded September 2, 1983 as Recording No. 8309020579 of Official Records. The terms and provisions contained in the document entitled "Resolution No. 2544 11 recorded October 18, 1985 as Recording No. 8510180867 of Official Records. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey recorded July 31, 1997 under Recording No. 9707319017, in Volume 116 of surveys, at Page 92, in King County, Washington. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) No. L9BL0073 : Recorded: October 21, 1998 Recording Information: 9810219010 Easement, Inducting terms and provisions contained therein: Recording Information: April 7, 1999 under Recording No. 9904071632 In Favor of: Puget Sound Energy, Inc., a Washington corporation For: Transmission, distribution and sale of gas and electricity Affects: as described therein First American Title InS\Jrance Company Form No. 1'102.05 Pol!cy Page 8 Policy Number: NCS--102-426-WAl ALTA Owner's Policy {6-17-06) 10. The terms, provisions and easement(s) contained In the document entitled "Agreement and Easement for Utilities" recorded April 7, 1999 as Recording No. 9904071633 of Official Records. 11. Covenants, conditions, restrictions and/or easements: Recorded: February 10, 2004 Recording No.: 20040210000803 Said instrument amends and supersedes instrument recorded July 16, 2003 under Recording No. 20030716001882. 12. The tenms and provisions contained In the document entitled "Sensitive Area Notice" recorded April 26, 2004 as Recording No. 20040426000002 of Official Records. 13. The terms, provisions and easement(s) contained In the document entitled "Agreement and Easement for Stonm Sewer" recorded December 20, 2004 as Recording No. 20041220001100 of Official Records. 14. Deed of Trust and the terms and conditions thereof. 15. Grantor/Trustor: John Mastandrea Grantee/Beneficiary: Michael R. Mastro, a married man as his sole and separate estate Trustee: Amount: Recorded: Recording Information: Pacific Northwest Title Company, a corporation $2,000,000.00 May 24, 2004 20040524002063 According to the public records, the beneficial Interest under the deed of trust was assigned to First Mutual Bank by assignment recorded December 29, 2006 as Recording No. 20061229000632 of Official Records. General Taxes for the year 2010. Tax Account No.: 289260-0038-00 Amount Billed: $ 2,452.34 Amount Paid: $ 0.00 Amount Due: $ 2,452.34 Assessed Land Value: $ 213,000.00 Assessed Improvement Value: $ 0.00 16. Easement, Including terms and provisions contained therein: Recording Information: 20100112000472 In Favor of: Soos Creek Water and Sewer District For: Affects: Sanitary Sewer line and appurtenances as described therein Rrst American litle Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17·06) 17. Easement, including terms and provisions contained therein: Recording Information: 20100112000473 In Favor of: Soos Creek Water and Sewer District For: Affects: Watermain and appurtenances as described therein Policy Page 9 f'olicy Number: NCS-402426-WAl 18. Any delinquent charges claimed by Soos Creek Water and Sewer District, King County, Washington. First Amerlean litle Insurance company Form No. 1402.06 ALTA Owner's Polley (6-17-06) F.A. Special Lack of Signatures ENDORSEMENT Attached to Policy No. NCS-402426-WAl Issued By First American Title Insurance Company Polley Page 10 Policy Number: NCS-402426-WAl The Company hereby assures the Insured that the Company will not deny liability under the policy or any endorsements Issued therewith solely on the grounds that the policy and/or endorsement(s) were issued electronic.ally and/or lack signatures In accordance with Paragraph 15 (c) of the Conditions. This endorsement is issued as part of the policy. Except as it expressly states, It does not (I) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) Increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement Is subject to all of the terms and provisions of the policy and of any prior endorsements. First American Title Insurance Company BY 1)/--/ /( L PRfSIOENo ~~~ ATTEST V' • • .. , r .. t) r,., I RF.CRETAR'Y First American Title Insurance Company • < ~ PACIFIC NOKlllWl,Sr TmJ! ~"'"···--· TO: Baima & Holmberg 215 Columbia Street Seattle, Washington 98104 100 Front Street South Issaquah, WA 98027 Attn: Bonnie Babcock Ref.# Mastandrea SUPPLEMENTAL REPORT #1 OF PLAT CERTIFICATE PNWT Order Number: 665949 The following matters affect the property covered by this order: o A Full Update of the Pat Certificate from December 5, 2007, through July 30, 2008, at 8:00 a.m. has disclosed the following: o The following has been added as paragraph 13: 13. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: TAX ACCOUNT NUMBER: LEVY CODE: 2008 289260-0038-00 4250 CURRENT ASSESSED VALUE: Land: $203,000.00 Improvements: $0.00 AMOUNT BILLED GENERAL TAXES: $2,074.82 SPECIAL DISTRICT: $2.25 $9.99 TOTAL BILLED: $2,087.06 PAID: $1,043.53 TOTAL DUE: $1,043.53 o There has been no change in the title to the property covered by this order since December 5, 2007, EXCEPT the matters noted hereinabove. Dated as of August 1, 2008 at 8:00 a.m. PC PACIFIC NORTHWEST TITLE COMPANY By: Curtis Goodman Title Officer Phone Number: 206-343-1327 ~ VI lE rR\ ID) lE t lE \11J \Iu AUG 1 3 2008 K.C. o.o.E.S. Loif,g.o3L • PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. 215 Columbia Street Seattle, Washington 98104-1511 Title Officer, Curtis Goodman (curtisgoodman@pnwt.com) Assistant Title Officer, Rob Chelton(robchelton@pnwt.com) Assistant Title Officer, Charlie Bell (charliebell@pnwt.com) Unit No. 12 FAX No. (206)343-1330 Telephone Number (206)343-1327 Baima & Holmberg 100 Front Street South Issaquah, Washington 98027 Attention: Bonnie Babcock Your Ref.: Mastandrea Title Order No. 665949 CERTIFICATE FOR FILING PROPOSED PLAT GENTLEMEN, PLAT CERTIFICATE SCHEDULE A In the matter of the plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of King County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that according to said records the title to the following described land, As on Schedule A, page 2, attached. IS VESTED IN, JOHN MASTANDREA, as his separate estate SUBJECT TO THE FOLLOWING EXCEPTIONS, As on Schedule B, attached hereto. CHARGE, TAX, $250.00 $ 22.25 TOTAL CHARGE, $272.25 RECORDS EXAMINED TO, December 5, 2007 at 8,00 a.m. Curt' oodman Title Officer Unit No. 12 TITLE COMPANY OF PLAT CERTIFICATE SCHEDULE A Page 2 Order No. 665949 The land referred to in this certificate is situated in the State of Washington, and described as follows: Lot A, King County Boundary Line Adjustment Number L98L0073, recorded under King County Recording Number 9810219010, said boundary line adjustment being a portion of the following described property: 3 an · EXCEPT the east 40 feet of the feet ot ; EXCEPT the east 75 eet thereof, and Lot 8; EXCEPT .,,::c::c--::;:::-:::,~',-,;8.,,-'.feet thereof, all in Block 2, Green Tracts Number One, according the plat thereof recorded in Volume 48 of Plats, page 1, in King County, Washington. T/fe eA-sr /07. z:z. / END OF SCHEDULE A r1 r!M-s-_ /ao GENERAL EXCEPTIONS: PLAT CERTIFICATE Schedule B Order No. 665949 1. Rights of claims of parties in possession not shown by the public records. 2. Public or private easements, or claims of easements, not shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 8. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. PLAT CERTIFICATE SCHEDULE B Page 2 Order No. 665949 SPECIAL EXCEPTIONS, 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING, 2. GRANTEE, PURPOSE, AREA AFFECTED: Cascade Sewer District Sewer pipeline The west 5.00 feet of the north 125.00 feet of the south 130.00 feet and the south 5.00 feet of the west 32.68 feet of Lot 3 and the west 7.50 feet of the east 82.50 feet of Lot 7 except the east 75 feet 'thereof RECORDED, RECORDING NUMBER, September 2, 1983 8309020579 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING, GRANTEE, PURPOSE, Puget Sound Energy, Inc., a Washington corporation To construct, operate, maintain, repair, replace, improve, remove, enlarge and use the easement area for one or more utility systems for the purposes of transmission, distribution and sale of gas and electricity AREA AFFECTED: RECORDED, RECORDING NUMBER, A portion of said premises April 7, 1999 9904071632 ~~~-3. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING, .4dJ 6S s.,ij ~+ _..,--GRANTEE, King County / 6 • (} ?tif{ I PURPOSE, AREA AFFECTED: RECORDED: RECORDING NUMBER, Natural or constructed conveyance system Portion of said premises February 10, 2004 20040210000803 Said instrument amends and supersedes instrument recorded under Recording Number 20030716001882. (continued) PLAT CERTIFICATE SCHEDULE B Page 3 Order No. 665949 /6Pl!!/l.Jl 4. RESTRICTION CONTAINED ON THE FACE OF THE PLAT OF SAID ADDITION, AS -fl6'f e.JfO~OLLOWS: 5. vc/l.ir"I' if ST/LC. EFrECrJ -SiJ8J&r5 TO 6. Sv8JeCT To All lots in this plat are restricted to R-1 (Residence) use and no lot or portion of a lot shall be divided and sold or resold or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than 6000 square feet and less than 60 feet in width on the building line, subject further to the provisions of the King County Resolution No. 11373 and subsequent amendments thereto. Said lots require individual approval by the Health Department. Water Supply: Spring Glen Water System (King County Water District No. 58). RESOLUTION NO. 2544, ESTABLISHING LATECOMER'S COSTS DUE KING COUNTY WATER DISTRICT NO. 58 ON LATECOMER NO. 60, ULID 62 WATER IMPROVEMENTS: RECORDED: RECORDING NUMBER: October 18, 1985 8510180867 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: RECORDED: RECORDING NUMBER: REGARDING: Puget Sound Energy, Inc., a Washington corporation and Puget Western, Inc., a Washington corporation April 7, 1999 9904071633 Agreement and easement for utilities 7. SENSITIVE AREA NOTICE AND THE TERMS AND CONDITIONS THEREOF: 5cJ8Je:cr ro RECORDED: RECORDING NUMBER: April 26, 2004 20040426000002 Said instrument states, in part, that limitations may exist on actions in or affecting the sensitive areas or their buffers present on the property. (continued) PLAT CERTIFICATE SCHEDULE B Page 4 Order No. 665949 8. AGREEMENT AND EASEMENT FOR STORM SEWER AND THE TERMS AND CONDITIONS THEREOF: 9. 10. S-o &Jeer to RECORDED: RECORDING NUMBER: Puget Sound Energy, Inc., a Washington corporation, and John Mastendrea, a single person December 20, 2004 20041220001100 Exceptions and Reservations contained in deed from the state of Washington, whereby the Granter excepts and reserves all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry; recorded under Recording Number 1336934. NOTE: No examination has been made to determine the present record owner of the above minerals, or mineral lands and appurtenant rights thereto, or to determine matters which may affect the lands or rights so reserved. Right of state of Washington or its successors, subject to payment of compensation therefor, to acquire rights of way for private railroads, skid roads, flumes, canals, water courses or other easements for transporting and moving timber, stone, minerals and other products from this and other property, as reserved in deed referred to above. Right of the public to make necessary slopes for cuts or fills upon said premises in the reasonable original grading of streets, avenues, alleys and roads, as dedicated in the plat. 11. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF, GRANTOR: John Mastandrea TRUSTEE: Pacific Northwest Title Company AG-A'ls1r./Je.1J BENEFICIARY, SEE. l?.€ 1,0c,.J Michael R. Mastro, a married man as his sole and separate estate AMOUNT: DATED: RECORDED: RECORDING NUMBER: $2,000,000.00 January 30, 2002 May 24, 2004 20040524002063 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. (continued) PLAT CERTIFICATE SCHEDULE B Page 5 Order No. 665949 ASSIGNMENT OF SAID DEED OF TRUST: ASSIGNEE: RECORDED: RECORDING NUMBER: First Mutual Bank December 29, 2006 2006122900632 12. The following matter(s) disclosed by survey recorded under Recording Number 9707319017: Encroaching garage and concrete driveway appurtenant to the northwesterly adjoiner. NOTE 1: GENERAL AND SPECIAL TAXES AND CHARGES, PAID IN FULL: YEAR: TAX ACCOUNT NUMBER: LEVY CODE 2007 289260-0038-00 4250 CURRENT ASSESSED VALUE: Land: $180,000.00 GENERAL TAXES: SPECIAL DISTRICT: TOTAL BILLED: Improvements:$0.00 $2,050.63 $1. 59 $9.99 $2,062.21 PAID: $2,062.21 END OF SCHEDULE B Title to this property was examined by: Jeff Meyer Any inquiries should be directed to one of the title officers set forth in Schedule A. jxm/20020827001681 Green Tracts #1 48/1-2 OOJJ 0931 ~ S.E. 168TH ST ,--;...--,""'----,~...,rT"'T!"'"-r;,,;;:;:.;.;;;,:..--...;r-ir...,,m,.ry""ll~i"· "'T!"'"T--nl!""ri,r,r.,~- 10 , ~~ .......... ,., ;;:, ! I ~ ~;,l-> 1m1 Sf 2 3 4 .... ;E -COJC) ' .~.. ~~'/-' ~ '~-~-----~~. ~ I ~ ... ~ !. :..;· <.:i: -KC. DLA fl98LOOB '\f g .......... 901021!10\0 :;: ".I• ..; '\: ...... ~ " "':' VI 10)15 Sf "' ,t;,'\'":,, 5 1 1 i 13 t OOJ1 ;;,sr ~sr: '\..,.,,..,8 ;j -~ ::c 5 .::11mo sr ~-~ ::: 0050 :: ~ 10 l4000 SI 0004 ' " ').S,').e,O : ,'{.",. ~ Q 1 ~s 21llBSF , 1 "" 0015 '\ ,, ... ~~~. TCO 17-1088 ,. 1560D Sf 55,110 sr 0036 0036 ' Ii ,, ., ... ~•}:. ... ~~ PACIFIC NORTHWEST TITuE Order No. 665949 Company of Washington, Inc. IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. N I ', ', ' ,. ) /,\ ' J 'l ) 9oB-DiRoh laitg Aug 20 l:il :-1: BG 1:13"9:,;3 Aug l0 19 · _.,,,,;? A JI' Nichole Co, lno,, !l w1rnJ. corp ·r, . TO Ada i!en Ha;von , .~ ~ '/ :l'p doos mtg to ap ta]) ~:r $1760 tiith ii!t r,t 7% J>el' an•JJ!Ybl ./ ,;,, s-a aoodg to l not~ ,,t:: Aug 1:', 19, pyhl throe yr" from. ~1. hrof,4··• "'.~ the :ng aesod r e in l:ow .J y:.::··' . ~... rt~ Lot l Blk l of Univornit;v 8ocrn1o Aon. to ti7JI o o;r.,s·i~. ~ ';/i .. ~ to plat throf rooordd in t)ie Au~r(I offo,. ¥~ ,,_. r\~·· f.))··· (' . ~-· ~'\~') ' -J::# '1' ill8 :b:n:1$2600. '»-.>-' ./ · ~~s : 1'~':, 0 .... ...- no w(cor-p sl) AF !Ho Hilhtnc,, /'f.t,·~··'i·;",.,· By A :\ ?1'&1114$ . . ol , ·· A O in Be ·tt,f\11oretnry al Jtc:w Aug 1.6 19 b;v A_~ and nto,a,-&nnf)tt, Pres ana Seo of tho corp th exotlrt chi :ro e~"i-ng inet, (OF) , be f :S. R Simpson, np in a · :r c.~ .•iee n t II ntl sl Apr \ ii- ·. lltl. A 'Ji' Nichols Co I -Hf_~& . /,.-./ D 4u 80 19 3f29/1,I, .... 1336934/ /{ ,lug:::i.a :iJ1 011 ~&lfd'. [. . Stato'J~f Washi~toa ~ 1 , '1'~ 0 W Cne.mb_a ~lain, vi ' . : .. ·· •.• h. ·. c!.e>ee g b s· alld cvy ~to sp h, and a the fl,•: (l.esod k ./ Iildciim!t7 las, sitc'l in kow · D / .. 1ht ,.at of S011 29 Twp 23 N R 6 E of the W 11 ctg 160 I .. ' ii} «oteEi.&-,i;i ~r l, !lOOJg to,'tho gov survey ,.r,:,:of 6 . JSilliit._tl& .Slid '°*°X:V;ll/1:,. howeYer, a tt cf ld otg 6 !,ores, 9' m or'1l f_!~ e .s11.~l :h!Q'se a:i.to, deeoi e.a fle:, . · .....•... ., .. ·.··fi,i~ .. ,~.lli. ¥ .... l.· f of the Sift of the e,t of the, SEt pf Seo 2\il Twp a. · .. ·· °R:'.~: et the W l! otg 6 aores, m or l, aoodg to tho gov, .~CD~.· ... · .. O'i' . , $'~: ·~.:.!l11:',·,:oa11ement :for r of "' f ,r co rd hrtofr gr1tnted to XO II.If ... ~ :!'lift ~1>.e fJ,.e,,. 11111,p e.nil. reoo:r:de throf in the o:r:ro of the Ooma.(jitl ~ ~·· 0.~Pi&, Wn . ~,: ,. 'QQ.f.!_~·illl'lo are sold subj to s.ll the prvens of ChapteJl;C). · ,;~,· t·~ Sl<eeion Lu,ws .gf 11111, to woh reference. ia hr.Q;;.:_~i~iffi\i!~,?,"FSh· .a~-· he a.a--bi.ndlng ur;on thti grante& u.ull any suo~·~::tlib. o:eJ;tiL.pantee ne though set out at length hr1n . ' · TM, ~#r hjl,l!/','IIXpreeely eaves, etc, --em e.a 6,6-628 \lelm te,,•ai1.!fzclda:;•l:,7 ren of entering upon sa ld" To hv , ' 'to 'hold the sd pret1 with their nppurton,,,noes, unto the 114. Q: l'I· Cll111,mberlain, hiE< h and e. :rorever ll'1'\!cth4! Bl !!f th4! !Jt "-.i'1'1-,r"4 t.hi"' A.ug 12 19 · · Louie F Hart, Acting Governor Attest: J Grant Hinkle · /Bl cf,St of wn) AsRiotont Secretery of stat.e St ~cior4 o:r dde v!:l ii pg 222 App !lo.,. &lllk\ •.• Cont tfoa &il.U, 8610, ar,1:t,, Bfil2 ill C Tl ChamberlAin, 1101 Western Ave Seuttle ... ... Return to MICHAEL R. MASTRO 5 IO Ram1er A venue South Seattle, Waslungton 98144 RB Cascade Lots Grantor(s) Beneficiary( ,es) Legal Descnpt,on ) DEED OF TRUST (For Use m the State ofWashmgton Only) JOHN MAST ANDREA MICHAEL R MASTRO ) LOTS 3 AND 4, BLOCK 2, GREEN TRACTS NO I, VOL 48, PG I Assessor's Tax Parcel ID# 289260-0038 FILED BY PNWT 20040524002063.00' THIS DEED OF TRUST, made thlS 30TH day of JANUARY, 2002, between JOHN MASTANDREA, GRANTOR, whose address ts 2411 S 248" Street, D16, Kent, WA 98032, PACIFIC NORTHWEST TITLE COMPANY, a CO!JlOrallon, TRUSTEE, whose address 1s 215 Columbia Street, Seattle, WA 98104, and MICHAEL R. MASTRO, a roamed man as his sole and separate estate, BENEFICIARY WITNESSETH: Grantor hereby bargams, sells and conveys to Trustee m Trust, with power of sale, the followmg descnbed real property m KING County, Washmgton SEE ATTACHED EXHIBIT "A" FOR THE LEGAL DESCRIPTION MADE A PART HEREOF BY REFERENCE HEREIN which real property lS not used pnnctpally for agncultural or fannmg purposes, together with all the tenements, hered1taments, and appurtenances now or hereafter thereunto belonging or m any wise appertammg and the rents, tSsues and profits thereof This deed ts for the pll!Jlose of secunng performance of each agreement of grantor herem contamed, and payment of the sum of ($2,000,000 00) TWO MILLION DOLLARS and NO/CENTS with mterest, m accordance with the terms of a prom1ssory note of even date herewith, payable to Beneficiary or order, and made by Granter, and all renewals, modtficabons and extensions thereof, and also such further sums as may be advanced.or loaned by Beneficiary to Granter, or any of their successors or assigns, together wtth interest thereon at such rate as shall be agreed upon To protect the secunty of this Deed of Trust, Grantor covenants and agrees To keep the property m good cond11ton and repatr, to penmt no waste thereof, to complete any bmldmg structure or unprovement bemg butlt or about to be butlt thereon, to restore promptly any bmldmg, structure or improvement thereon which may be damaged or destroyed, and to comply with all laws, ordmances, regulations, covenants, conditions and restncttons affecting the property, ) 20040524002063.00: 2 To pay before delinquent all lawful tues and assessments upon the property, to keep the property free and clear of all other charges, hens or encumbrances 1mpamng the secunty of this Deed of Trust 3 To keep all bmldmgs now or hereafter erected on the property described herem continuously msured agamst loss by fire or other hazards m an amount not less than the total debt secured by tlus Deed of Trust All pohctes shall be held by the Beneficiary, and be m such companies as the Beneficiary may approve and have loss payable first to the Beneficiary, as tis mterest may appear, and then to the Grantor The amount collected under any msurance poltey may be apphed upon any indebtedness hereby secured m such order as tl1e Beneficiary shall deterrmne Such apphcahon by the Beneficiary shall not cause dtscontmuance of any proceedmgs to foreclose thts Deed of Trust In the event of foreclosure, all nghts of the Grantor m msurance pohctes then m force shall pass to the purchaser at the foreclosure sale 4 To defend any actton or proceedmg purportmg to affect the secunty hereof or the nghts or powers of Benefictary or Trustee, and to pay all costs and expenses, mcludmg cost of title search and attorney's fees m a reasonable amount, m any such act10n or proceeding, and m any suit brought by Beneficiary to foreclose this Deed of Trust 5 To pay all costs, fees and expenses m connection with th!S Deed of Trust, mcludmg the expenses of the Trustee incurred in enforcing the obhgabon secured hereby and Trustee's and attorney's fees actually mcurred, as provided by statute 6 Should Grantor fwl to pay when Que any taxesJ assessments, insurance premiums, hens, encumbrances or other charges agamst the property heremabove descnbed, Beneficiary may pay the same, and the amount so patd, with mterest at the rate set forth m the note secured hereby, shall be added to and become a part of the debt secured m this Deed of Trust IT IS MUTUALLY AGREED THAT In the event any portion of the property 1s taken or damaged m an eminent domam proceedmg, the entire amount of the award or such portion as may be necessary to fully satJ.sfy the obligation secured hereby, shall be paid to Beneficiary to be apphed to said obhgatton 2 By accepting payment of any sum secured hereby after its due date, Beneficiary does not waiver its nght to reqmre prompt payment when due of all other sums so secured or to declare default for failure to so pay 3 The Trustee shall reconvey all or any part of the property covered by tlus Deed of Trust to the person enbtled thereto on wntten request of the Grantor and the Beneficiary, or upon sattsfactton of the obhgatton secured and wntten request for reconveyance made by the Beneficiary of the person en!Itled thereto 4 Upon default by Grantor m the payment of any indebtedness secured hereby or m the perfonnance of any agreement contained herem, all sums secured hereby shall 11nmed1ately become due and payable at the optton of Beneficiary In such event and upon written request ofBcnefic1ary, Trustee shall sell the trust property, m accordance with the Deed of Trust Act of the State of Washington, at pubhc auction to the highest bidder Any person except Trustee may bid at Trustee's sale Trustee shall apply the proceeds of the sale as follows (I) to the expense of the sale, mcludmg a reasonable Trustee's fee and attorney's fee, (2) to the obhgat1on secured by tins Deed of Trust, (3) the surplus, if any, shall be d1stnbuted to the persons en!Itled thereto 5 Trustee shall dehver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest m the property which Grantor had or had the power to convey at the time of ins executmn of tlus Deed of Trust, and such as he may have acqurred thereafter, Trustee's deed shall recite the facts showmg that the sale was conducted m comphance with all the requirements of law and of this Deed of Trust, which recital shall be pnma fac1e evidence of such compliance and conclus1ve evidence thereofm favor of bona fide purchaser and encumbrancers for value 6 The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington 1s not an exclusive remedy, Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage 7 In the event of the death, incapacity, d1sab1hty, or res1gnat1on of Trustee, Beneficiary may appoint m wnllng a successor trustee, and upon the recordmg of such appomtment m the mortgage records of the county m which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the ongmal trustee The trustee ts not obhgated to no!tfy any party hereto of pendmg sale under any 20040524002063.I other Deed of Trust or of any action or proceedmg m which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding ts brought by the Trustee 8 Tll!S Deed of Trust apphes to mures to the benefit of, and ts bmdmg not only on the parties hereto, but on therr heus, dev1sees, legatees, admmtstrators, executors and assigns The term Beneficiary shall mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herem JOHN~ STATE OF WASHINGTON County of KING s.,lJ dm'.umorl\S) w.-:.> IIIOCI kl! f~rd l.•y l'ticlfic North\l.est 'fl!t& os ~r.;:. r.'", ,......::a:'on only It has not bGY 11 , ~ ,\ , N ~~ to ~re.per sxecc.,t,cn ·'f ""' "' " ... ., !M~ ~ tdffi I hereby certify that I know or have satisfactory evidence that JOHN MASTANDREA ts the person who appeared before me, and said person acknowledged that he signed thtS mstrument and acknowledged ti to be h1s free and voluntary act for the uses and purposes mentioned m this mstrument • ~. 20040524002063.00, Exhibit·"A" Legal Description Lot A, King County Boundary Line Adjustment Number L98L0073, recorded under King County Recording Number 9810219010, said boundary line adjustment being a portion of the following described property: All of Lots 3 and 4; EXCEPT the east 40 feet of the north 200 feet thereof; Lot 7; EXCEPT the east 75 feet thereof, and Lot 8; EXCEPT the west 185 feet thereof, all in Block 2, Green Tracts Number One, according to the plat thereof recorded in Volume 48 of Plats, page 1, in King County, Washington. . ' ,, '< -• C..) C.:) t ... c-,J C') 0 (' ·,J 0 ,.:::, N Filed for Record at Request of John Mastandrea 2411 S 248th Street, #D-16 Kent, WA 98032 --) STATUTORY WARRANTY DEED Grantor:--Puget-Western, -Inc-------------"'Fn.,~913..)'"gfto~! "") Grantee. John Mastandrea ':{ Y,,?-' ~ O ?--' Abbreviated Legal Description: Lots 3-4 & 7-8, Block 2, Green Tracts No. 1, V48/Pl /\. Assessors_ Tax_ Parcel_ No.: __ 289260-0038-00 --J;j.~1;:J --------__ _ The Grantor, PUGET WESTERN, INC., a Washington corporation, for and in consideration of $10.00 and other good and valuable consideration, in hand paid, conveys and warrants to JOHN MASTANDREA, a single person, the foll9w1ng described real estate, situated in the County of King, State of Washington. Legal Description Attached hereto as Exhibit A which is Incorporated by reference. SubJect to matters shown on Exhibit B attached hereto And incorporated by reference. DATED this .L.5 //Jctay of August, 2002. :::_e_t-=-'~-e~s~~-~er~~-,~~~I~n?~-'--~~~~~ RB. Boyd, President PAGE 0111 OF 802 ·, CJ C) t .. (",J C") 0 C-.J c:.i '-.:.::> C'-.1 ) STATE OF WASHINGTON) ) ss. COUNTY OF KING ) . I hereby certify that I know or have satisfactory evidence that R.B. Boyd is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledge it as the President of Puget Western, Inc., a Washington corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Rolling Hills Statutory Warranty Deed Name Typed: Gust M.rikson NOTARY PUBLIC in and for the State of Washington, residing at Clinton My Appointment Expires August 14, 2006 Puget Western Inc to John Mastandrea ~ co ~.) 'I.-· C) 0 L·-.. t ·,; C:O 0 ("..J 0 •:::) N I .I ) ) Exhibit "A" Legal Description Lot A, King County Boundary Line AdJustment Number L98L0073, recorded under King County Recording Number 9810219010, said boundary line adJustment being a portion of the following described property. All of Lots 3 and 4; EXCEPT the east 40 feet of the north 200 feet thereof; Lot 7; EXCEPT the east 75 feet thereof, and Lot 8; EXCEPT the west 185 feet thereof, all in Block 2, Green Tracts Number One, according to the plat thereof recorded in Volume 48 of Plats, page 1, in King County, ·washington. Rolling Hills Statutory Warranty Deed Puget Western Inc to John Mastandrea ...- CY.) 1-.£} ,-· -. Exhibit "B" 1 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING GRANTEE PURPOSE AREA AFFECTED The west 5 00 feet of the north the south 5 00 feet of the west of the east 82 50 feet of Lot 7 RECORDED RECORDING NUMBER Cascade Sewer District Sewer pipeline 125 00 feet of the south 130 00 feet and 32 68 feet of Lot 3 and the west 7 50 feet except the east 7~ feet thereof September 2, 1983 8309020579 2 EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING GRANTEE PURPOSE Puget Sound Energy, Inc, a Washington corporation To construct, operate, maintain, repair, replace, improve, remove, enlarge and use the easement area for one or more utility systems for the purposes of transm1ss1on, distribution and sale of gas and electricity AREA AFfECTED RECORDED RECORDING NUMBER A portion of said premises April 7, 1999 9904 071637 (.) 3 C) r:- RESTRICTION CONTAINED ON THE FACE OF THE PLAT OF SAID ADDITION, AS FOLLOWS All lots 1n this plat are restricted to R-1 (Residence) use and no·lot or portion of a lot shall be divided and sold or resold or ownership changed or transferred whereby the ownership of. any portion of Lh15 plat shall be less than 6000 square feet and less than 60 feet in width on the building line, subJect further to the provisions of the King County Resolution No 11373 and subsequent amendments thereto l ,j (") 0 r. .J C) ,:::, ('1 Said lots requ1.ro individual approval by the Health Department Water Supply 08) Spring Glen Water System {King County Water District No Rolling Hills Statutory Warranty Deed Puget Western Inc to John Mastandrea I } ) 4 Exceptions and Reservations contained 1n deed from the state of Washington, whereby the Granter excepts and reserves all 011, gases, coal, ores, minerals, fossils, etc, and the right of entry for opening, developing and working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry, recorded under Recording Number 1336934 Right of state of Washington or 1ts successors, subJect to payment of compensation therefor, to acquire rights of way for private railroads, skid roads, flumes, canals, water courses or other easements for transporting and moving timber, stone, minerals and other products from this and other property, as reserved in deed referred to above 5 RESOLUTION NO 2544, ESTABLISHING LATECOMER'S COSTS DUE KING COUNTY WATER DISTRICT NO 58 ON LATECOMER NO 60, ULID 62 WATER IMPROVEMENTS RECORDED RECORDING NUMBER October 18, 1985 8510180867 6 AGREEMENT /IND THE TERMS AND CONDITIONS THl:REOP 7 """ co I...D ,--8 C) 0 t-- N 00 0 (''19 0 r::::, N BY AND BETWEEN DATED RECORDED RECORDING NUMBER REGARDING Puget Sound Energy, Inc, a Washington corporation and Puget Western, Inc, a Washington corporation April 2, 1999 April 7, 1999 9904071633 Agreement and easement for utilities Right of the public to make necessary slopes for cuts or fills upon said premises in the reasonable original grading of streets, avenues, alleys and roads, as dedicated in the plat GENERAL TAXES ON OPERATING PROPERTY OF THE TAXPAYER, INCLUDING THIS AND OTHER PROPERTY AMOUNT TAXPAYER TAX ACCOUNT NUMBER Available from the state of Washington in Olympia Puget Western Inc 289260-0038-00 The matter(s) disclosed by survey recorded under Recording Number 9707319017 Rolling Hills Statutory Warranty Deed Puget Western Inc to John Mastandrea g 1) ii ' . ,. / J ) ) . THIS-AGREEMENT made. this «t:-!J day of · ~5 )L.... ·. 1983, tietween. PUGET soi.;~o PO\,'ER & ·tr~O~'.?Al~Y, a7a~nston cc,!·porat~.on ("Pu~et" herein)', anti the CASCADE SEWER DISTRICT,. ("G:-·untet:'' here_i.n); WHEREAS, Puget is the owner of a parcel of lard ac · approximately l 11500 SE 169th St., Renton, Washington, on which. a substation lb .. locate~. legally described as follows: Parcel 1: Lot 3 in Block 2 of Green TraCts No. l, as per plat recorded in Volume 48 of Plats on Page 1, records of King County; Situate in ·che County r7 King, State of Washi~gton. Parcel 2: Lot 4, EXCEPT the East 40.00 feet of the NOrth 200.00 fe·ec thereof AHO Lot 7, EXCEPT the East 75.00 feet thereof AND Lot 8, EXCEPT the West 185.00 feet the~eof, ALL in Block 2 of Gret!!n Tracts No. l, as per recorded in Volume 48 of Plats on Pagel, records of King County; .mlEREAS, Grantee requires an ·easement for a sanitary sewer pipeline across Puget's property at a location more specifically described herein-below; Jn NOW! THEREFORE, in. consideral:icn of One Hundred Sixty Eight and 821wO Dolors ($168.82). . and other good and valuable cons!de~ation in hand paid, ·receipt of which is hereby acknowledged, and in consideration··of the performance by Grantee of the covenants, terms and conditions hereinafter set forth, Puget· hereby grants, conveys and quitclaims to Grantee the follo~itig easement: · · A. A nonexclusive, perpetual ea~emenc across, along, in, upon and under that portion of Puget's property described as follows: The West 5. 00 feet of tbe North 125 :oo feet of the Sout-h 130.00 feet and the South 5.00 feet of the ~est 32.68 feet · of the above•·described Parcel 1. AND the West 7.50 ·feet of 'the East 82.50 feet of ·Lot 7 of the a.hove described Parcel 2. Said ea~ement is for the purpose of installing, cmisti-uC.ting, oper·ating, maintaining. removing, repairing, replacing and using an ·eight inch (6 11 ) sanitary sewer line W'ith all connections and appurtenances thereto (herein t;he "Sewer Line"), together w~th the nonexclusive :dghc Of ingress to end egress from said portion of Puget's property for the foregoing purposes. lbe terms "Easement" ·and ''Easement Area" ·1n this instrument iefer to the easement on the above desct'ibe.d property . . This easement is granted subject to and ·condition..;d upon the following terms, conditions and covenants which Gr8ntee hereby promises to faithfully and fully observe and perform. HL EXCISE TAX NOT REQUIRED ~C..Re<GrdsD;,;..., ByS) <~ , DtputJ · . = FiLED FOR RECORD AT REQUEST Of: PUGET POlr,'jcR REAL ESTATE DMSION • PUGET POWER BLDG, eH.LeVU'S', WASHINGTON 8BOO'J AT!l!1ffl01' DAVID A. YASUDA __ .. ,,.. -1- ,_..s'\f.)l~ I -LJ!,:.:. •" -"'i .,, • ..,,, ,,):j Description: King,WA Document-Year.Montb.Day.DocID 1983.902.579 Page: 1 of 5 Order: 665949 Conunent: D ~ '' ti ' . i .. ::; ~V/J o//lt ) ) . 1. .Cost of Constructi6n ·and 11airitenance. Gr~ntee shall bear . and PJ?omptly pay all costs and expensesofconstruction anP rnaint_enance of the Sewer Line. 2. Hance with Laws B:na Rules. The Grantee shd 1 construct maintain an use t e ewer ne in accordance witi.1 t'..e requirements ' of Puget, the National Electric Sa"fety Code and any statute·, order, rule or regula~ion_ of any public authority having jurisdiction. · 3. Use ·of the Property by Pu~et. Grantee's rights herein shall at all times be subordinate to sue rights of Puget as are necessary to ~reserve and maintain the capabilities of Puget's ?roperty to -be used for electric utility purposes, ·and nothing herein contained shall prevent or pr~ ·lude Puget from undertaking construction, installation and use of E. ... lectric utility facilities within Puget 1 s property. However, Puget shall noc erect buildings or structllres of a ·permanent nature within the easement area during the existence of said easement, but shall ~ave the right to replace existing facilities. 4. · Re· uinn Prior Notice and A roval of Plans and S ecif'!..:-. !:ions. Prior to any a terations, rep acement or remove -o t e ewer ne facilities or any other major activity by Grantee on Puget's property, Grantee shall give Puget written notice thereof together with preliminary plans and specifications for the same at least three (3) months prior to the scheduled commencement of such activity. Puget shall have the right to·requir~ that such Plans and specifications be modified, revised or otherwise changed to 'the extent that the final plans and specifications therefor shall include provisions for the prot~ction of Puget's facilities, the prevention of hazardous conditio~s an4 minimum interruption to Puget 1 s utility ope~ations. No such activity shall be commenced without Puget 1 s prior written approval of the.plans and ·specifications therefor and all changes or ·amendments thereto, which ~pproval sh411 not be 'Unreasonably withheld. Notwithstanding the foregoing, in'the event of any emergency requiting immediate action by Grantee for protection of the. Sewer .Lille, persons or property, ·GTantee may take such action upon such notice to Puget 8.s is reasonable under the circumstances. Nothing herein-shall be deemed to impose any duty,or obligation on Puget to deterinine the adequacy or sufficiency of the Gran~~e's . plans and specifications, or to·ascertain"whether Cr8nte~'s ccinstruction is in conformance with the plans and specifications apProved by PugL;. ·5. As-Built survey. · Upon P~get 's request. Grantee shal~ . promptly provide Puget w~th .as-btiilt drawings and survey showing the location and elevations of the Sewer Line facilitie3 on Puget• s property, · 6. Grantee's Use and Activities. Gr&utee 'shall exercise its rights un4er this Agreement so as to minimize and avoid, insofar as . possible, interference ~"1th the use by Puget of its property for electric utility purposes and shall at all times conduct its activities on the Easement Area so as not to interfere with,-obstruct or endanger · Puget's operations or facilities. Grantee shall in.stall the Sewer Line and conduct any other of its substantial aC"tivities_ on Puget's property as may be cOmmunicated to Grantee by Puget ·foT the ·purpose of pTotecting Puge_t • s facilities, ·preventing hazardOus conditions and minimizing interruptions to Puget's utility operations. V L :,.,:;; ·,' id ' 'li1 ! 'S __________ ..; :-~ Description: King,WA Document-Year.Month.Day.DocID 1983.902.579 Page: 2 of 5 Order: 665949 Comment: ,· ' ' -A .,._. f • ) . 7. Coordinatior. of Activit:!.es. Gr.;ntec shall 6 ive e:t least thii·ty (30) davs advance written notice of the proposed dat.es of its construction, l'epah and rr-intenance activities on Puget I s :,ropertv ~o.P1:1get's South Central D-vision (pre~ently headquartered i!t RencOn, hashingt?n), or such other divisi()n of Puget as Pug~t .. ,ay f 1 .. or.i time co tir.ie de~ignate. Grantee shall cooperate in the revision of such dates and/or the coordination of its activities with those of Puget's if deemed necessary by Puget ·to minimize conflicts, insure Frotection • to each par.ty' s facilities, prevent hazardous conditions or minimize interruption _'of Puget's operations. Provided, hoWever t"1iat in the event of an emergencx requfring iunnediate action bv Cr~ntee for ·the protection of its faCilities or .other pe".'sons or property, Grartt·ee may take action upon such notice to Puget as is reasonable undar the circumstances. . 8. Work Standards. All work to be performed by Grantee on Puget's property sha.11 be designed and constructed so as to ·withstand the consequences of any short circuit of any of Puget's electric facilities now and hereafter installed on the·property. All ·work to he performed by Grantee on Puget's property shall also be in accordance with the plans and specifications submitted to and approved by Puget and shall be completed· in a careful and workmanlike manner -to Puget's satisfaction,. free of claims or liens; however, nothing herein shall be deemed to impose a duty or obligation on Puget with respect to the sufficiency thereof. Without.limitation to the foregoing, Grantee sha)l exercise the utmost caution whe~ conducting its activities in the vicinity of any of Puget's energized power lines in order to prevent any contact therewith. Upon completion of such work Grantee shall remo"e all debris and restore ·the ground surface as nearly as possible to the condition in which it was at the commencement of s1,1_ch work, and shall replace any property corner monuments which were disturbed or destroyed during construction. Grantee shall also pay to Puget all of.Puget's costs ne~essary to re-establish destroyed survey references and hubs· established by Puget in co:ijunction tdth any survey for new facilities on· Puget's property. · 9. Changes .and· Re*airs to Puget's Facilities. Grantee shall promptly pay to Puget t e cost of .any relocation, alteration, restoration and other changes or repairs to Puget's facilities which Puget shall reasonably deem necessary by i-ea_son of the construction, use and maintenance-of the Sewer Line or Other activities of Grantee vn Pti&et's property. Without limitation to the foregoing, Grantee shall promptly pay to Puget the ~ost of temporary raising of wires and the realignment . o~ strenghtening of· pwe:r poles or towers ma.de n~cessary by Grantee's . activities pursu·ant to this Agree~ent. If Puget so requests, Grantee shall provide assurance·of payment satisfac~ory to Puget prior to-Puget's commencement of suCh work. Puget shall acCocrplish such changes or repairs Subject to _the availability of labor and materials. For the purp.ose .. '. of _this paragraph, "cos"ts" shal.l be defined 8s all direct or assigriable Cos-ts o.f materials, labor and s·ervices including ove:r.head, in accordance·wicq charges fOr transportation of men, material, and \: equipment, storage exp~nse of material and rental of equipment. 10. Access. The Grantee shall design, construct, maintaiil and -use its Sewer Line in Such fashion as to permit reasonable-and continuous access to.Puget's property in all. directions, and in such fashion as to accommodate "and support vehic_ular travel ovei;-and across the Sewer Line, including travel by cran~s and trucks with heavy loads. Giantee shall· at all times keep Puget I s property free and cliear ·of. all obstructions and equipment. If requested by Puget, the Grantee shall make provisions for continued access by Puget along Puget's property during construction of the Sewer Line. ·-3- Description: King,WA Document-Year.Month.Day.DocID 1983,902,579 Page: 3 of S Order: 665949 Conunent: --~· ,, ) ) 11. Termination fo:: Cessation of. Use. In the event Crantl;!e ceaseli ::o use the Sewer Line ror a per102 of five (5) successive vears this· ,\g:-eement· and al 1 Grantee's rights hereunder shall terminal.e and revert to Pug~t. 12. Release of Sewer Line on Term!riation. No terinination of this AgreementSPall relea:se Grantee from any liability ·or oblill"ation with respect to any m8tter occurring prior to Such termination,..,, nor shall such termination release Grantee from its obligation and liability to remove the Se~er Line facilities from Puget's property and restore the gro~na. 1~. ·Removal of Sewer.Line on. Termination. Upon any termination of this Agreement, Grantee shall promptly· reroc-:e from the Easement Area the Sewer Line facil.iti-es· at~d restore the ground to the condition now existing or, in the alternative, take such other mutually agreeable . measures to minimize the ifflpact of the Sewer Line on Puget's property. Such work, removal and restoration shall be .-done at the sole cost and expense of Grantee and in a manner satisfactory ~o Puget. In case of failure of Grantee to so remove the'Sewer Line facilities, restore the ground or take such other mutually agreen upon measures, Puget may, after reasonable notice to Grantee, remove the Sewer Line facilities, restore the ground or take sucQ measures at the expenses of Grantee, and Puge: shall not be liable therefor. 14. Release and Indemnit~. Grantee does hereby release, indemnify and promise to defend and save harmless Puget from and against any and all liability, lass, cost, damage, expense, actions and claims, including costs ar.d reasonable attorney's fees incurred by Puget. in defense . therefore, asserted or.arising directly·ur indirectly on account of or out of (l} acts or omissions of Grantee and Grantee 1 s servants, agents, employees, and.contractors in the exercise of the rights &ranted.herein, or (2) acts and omissions of Puget in its use of the property Which affect Grantee's employees, agents, contractors, and other parties 'benefiting from said Sewer Line; .provided. ho~,r :er, thi·s= paragraph does not purport to inde'!Hlify Puget against liability for damages arising out of. bodily injury to persons or damage to pr·oi,e.rty caused· by or resultir from the so~e negligence of Puget or Puget's agE!~-cs or employees_. 15. Insurance. Prior to Grantee's construction activities or ot~er substan_tial activities on Puget's property under the rights provided herein, Grantee shall submit to ·Puget evidence that Grantee or Grantee'.s Ccntractors has obtained comprehensive general lia~ility coverage (including broad form contractual liability coverage) satisfactory to Puget with limits no less then the following: Bociily ··Iiijury Liability, including automobile bodil"y injury liability Property Damage Liability, inclUding · automobile propeity damage liability $ 500,000,00 each occurrence $ 500,000.00 each occurrence Said evidence -Insurance standard o·r such other fo·nn sha!.l be submitted on Pu'get' B certificate form (which form Pufet shall provide upon as Puget may from t me·to time approve. of request) .... , Said cover·age · shall be mainta.ined by Grantee or Grantee's contraC:tors . during the pel:"iod \il'hen such activities take place. · 16. Title. The rights granted herein are subject to permits, leases, l'ic'erises end easements, if any, heretofore granted by Puget affecting the.property subject· to this Agreement. Puget does not warrant title to its· property .and shall not be liable for defects thereto or failure thereof. · · 17. Notices. Unless othervise provided herein, notices required to be in writing under this Agreement .shall be given as follows: If to Puget: Puget Sound ·Power & Light Company Real Estate Department Puget Power Bµilding Bellevue, WA 98009 -4- Description: King,WA Docwnent-Year.Month.Day.DocID 1983.902.579 Page: 4 of 5 Order: 665949 Comment: _. il. ·•· i • 0 )> '' ti ' l ; ·J Rll!.!.l;\G 1:lLlS Sl'l:iSTATIO!\ 29-2J-05 CASCADE SEi-.'ER DISTRICT -CP-.ANTEE I! to Grantee: CaScade Se~er District General l~enSs:er 10828 .SE 176ch 9 SOSS. Renton, WA • ) _ Notic~s shall ~e deemed effective, if mailed, upon the second · day following deposit thereof in the United Stiites Mail; postage prepaid, certified or regis~ered mail, retur~ receipt requested, or 11-pon delivery ·t;hereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided. 18. Successors. The righcg and obligations of the particS shall.· iilure to the benefit of and be binding ·upon their respective successors and assigns. 19. Liabilitv. In the event of any assignment of the rights .he:-e·under. the .11abil!.ty of Grantee and its assignees shall be joint and several. EXECUTtD es of the date hereinabove set forth. ACCEPTED, STATE OF WASHINGTON COUh'TY . OF KING ) ) ss ) PUGET SOUND POWER & LIGHT COMPANY By~L~~ Dflectorea stat On this ti.~ day of ~~U.~A,=--v--r.:==- undersigned personally appear to be the Director Real Estat the ~o:.-poration that executed the foregoing instrument, ac~nowledge.d· said inst.nqnent to be the free and volunt dE!ed of ·s.aid co:poration, for the .uses and purposes th Snd on •.path stai:ed that ~e is authorized to execute th . ~'ITNESS my h~nd arid official seal hereto affixed.t year a~dve written. STATE OF WASHINGTON) ) ss COU!ilTY OF KING ) under~g~~~s pe~~!a~~~ ~~pea~c~R!C[ B~,u~~~J tob:; 0k~c:' t~hbe the Secretary of the Board of Commissioners of CASCADE SEWER DISTRICT •. the corporation that exec·J.ted the foregoing instrument. and ac.knawledged said instrument to be the free and voluntary ,,; .. t and deed of sa!.d corporatio~,. for the uses ~nd purposes thereit.. nentioned. · and ·on oath stated that ·he is authorized to execute the sc.:.d i . WITNESS .ny hand and official seal hereto year a~ove written. ' -., -. Description: King,WA Document-Year.Month.Day.DocID 1983.902.579 Page: 5 of 5 Order: 665949 Comment: ... ~ ,. l. l\ ' .. .. -t, ':> I :-,J ~ ~ D D ~ j "' & "'4 r,. 0 g 85 ) RETIIRNADDRQS: Pugot Saund l!norgy, lno. Alln: ROW llopm1mont P. 0. Box 170:14 08C-11N Bolkmlo, WA 8SOOM7S4 REFERENCE O: Rolllng Hlllo GRANTOR: Pugo!Woolllm,lnc. GRANTEE: PUGET SOUND EHl!ROY, INC. EASEMENT SHORTLEGAL: LolB, KC BLAL98UI072A.F. 09910218010 ASSESSOR'S PROPER1Y TAX PARCEL: 289ZGG,40:18.00 ) FILED BY PNWT '31 Z-153---, -c_ FO< and in con-.UOO al one DoUar ($1.00) and ---In hand paid, PUOE1 WESTERN, INC., o wahlnglon """'°"""' r<lnlnloo" -n), -""""'YD end-lo PUGET SOUND ENERGY, INC., owahlngton ~("On,nl ... holuln), lorlllo--ae1""1h, ·-- -over, under, along ocrooa and lhroogh Iha fo11ow11111 doaalbod real -rP-11 heroin) In King county. wahlngton: Lot A, King County Boundary Une AcliUDlml:nt Number L98L0073, recorded under l R-numbof981021ll010, ....... al King County, Woohing1an. 1>--.. q Except a ma'/ be odlOfVriGe aet forth hl:nln Grantee's rights aNIII be exercised upon that portion of Property C-EOIIClf'Mffl Arao• hanw!) de6cribdld aa foltM'I: /Jr. Beginning at Iha Northaasl comar of Loi A, King County Bounda,y Line Adjultmenl Number L98L0073, racorded under Recording Number 9810219010, -of King County, Wlllhlngton; thence Sou1h 89'18'32' West along lhe North Line of said Loi A, a distllnce of 10.29 raet; !hence South 04"3.\'16' We&! a distance of 200. 66 feel to a point on lhe Soo1h Line of Iha North 200 feat of Lot 4, Bloc:k 2, Green Tracts Number One, according to Iha plat thereof recorded In Volume 48 of Plata, at pega 1, racoida of King County. Washington, said point bearing South 69'16'32' West a distance of 29.21 feat from the SOulheaat Comar of the Nor1h 200 of Iha Ent 40 of said Loi 4: Thence Nor111 89"18'32' East along said sou1h Una a distance of 15.13 feel; thence North 04'3.\'18" Eaat a diatance of 150.81 feat to Iha eas1 line of aaid Loi A. lhance north 00'43'28' west along Iha East Line al -Lot Ao-... ol 60.:16 loot to Ille Point of Beginning. 1. Purpooo. Grantee t.haH have the right IO conttrud. operate, maintain, repair. replace, Improve, remove, enlarge, and uae the ltOM!ffleftl aru for one or morw utility ..,atems fat purpoHI of ttananuaion, distribution and aale of oa• and efaQrldly. Such .,.-may indtJde. btJ1.,. not Hmilad to: a. Ovothaod focllltloo. Po'81, 117#9" and other aua,po,t etructurn with Cl'Olll8fflll, brace,, guys and 11nchoc'I; electric tranaml.uton and dlotrtbutlon linet; fiber optic cable and att. lines, cabtes end fac:illtlet, b Qof'l'lffllJnleatiom; trani,formert, street llghto, metert, llxlun,11, ~ and any and all other facilltlel Of appurtanances neceua,y or conveolent to any or aD Of lhe ~; and. b. U"""'-focllfflco. Condulfa, lineS. cabllt, .-. -. and -for 01ec111c1111; pipol. glpelinn, mainD, 181 ...... condullll, rog.-. and -for gas; ftbot opllc cal>lo Ond - lines, <:dllln and,_ for communlcotiono; ..,..._ 0< gn,und-moinod loc:mtieo and padt, manholel, mews. fbtturet. attlClhments and any end eH other" fQdlitiea « appurte,\Anc8I nocl8IUtY or -to any"' oil of"'" for-. Folk>wlng the Initial contlfuctkxl al a8 or D pOftion al III syatemo, Gmnleo may, from lfrnl to tlml, canstrucC Ouch--08 ttmoy-lor-oy,,ICntl. °""*"'w!lhDYO lholtghlof-lOII\O "- Area over and OCIOIO the P,openy to cntb!8 Gnftca ID QXCl'me ttG rtgtu haroundcf. Gronlce llholl ccrnponoale Orantor for any ~ to Ille Propo,fr CllllllCd by "'8 oxon:loo of oudl rtght ol...,.. by Clnlnlco. 2. -Amo ctxwtne -~-Cln:r4CO --lhO rtghl to .... lllfl10VO end~ of any and all bruoll. -or-vagolo1ion In "'8 -Ania. Gninloo alldl -hOvO lho ngh1 to control. on a continuing boolll 8'1Cf by any pNClont and-......... lllo-llCllland growth o1-.. -"'-~ inlho-...... \ -- • .. = D ) ) 3, TIOO<llllmldol!ooomenlAnxr, Gnlnloe wl ....... ngtll lo «JI, 1nm "'"'°"' cnd-of cny ,,_ localed on lho"1"'*1YOllbldolhe Eaoomonl""" lhot°""",ln Gn!nloe'o-jUdgmenl, --orCfUht a -to -· -· -.,,.,,, prior lo ... -of'""' right, ldontlfy ...,,, ..... -........ ,_ ot!ofl to gtw, G111111or prior notice lhol °""',,... will bo eul, lrimmed, .........i or diopooed of (OX""1>1 !hot -ohlll1 have no ob!ig.lllon lo ldoflllft oudl -or OM> Gn>ntor oudl prior notice ..,,.,, "-.., cot. lrtmmod, temoYOd or -dilpoood of In -lo IIIIOOIJOI~ -). <ln>ntor "'8D bo -to no ~,.,_cut, bfnwned, f9l110Yld or dlopocod of-for u,e DC1ual.,,.,,... valuo Of - -(If cny)cutand JlfllOYlldl!omlho f'-'Yby-. 4. OnJntDt'aUOoofl!aoomcmtARIO. __ ... ltvf!lloUOOlheEolenlclolAroafo<anyJlUIIM)IIO not: lnc:ouolrla 11 1litltt the rfghfl tllR*\ gtDl'Qd, provided, howowrr, Onmtor lhall not can$ld or mdtlldn any buildlnga, -or oOIOt "'*"'" .., tho .......,. Aleo end Granfor ahall do no bloGll!lg -300 faol of Gr,mlM'oractllftoo--·•p,torWllttonCOIIOOftt. a. lndamnflJ. o..--1o lndoJmilyGtonlorlnwnand -~-bya.antor ao • reouH of Granloe'o •••ullgeuoa In Ille -ol lhe lfgllhl -on,nfed to Clnlnlao, bu1 nolhlnO hfflln ohall ""'""" Granb>e to lnclemn((y Gnlrolo< for 11m1 pQltiOro of 111,y IIUd> 1iab111ty sttribu1o1>1a to t11t> negllQence of Granto, or the ~of-. 8. AbandollfflOld. The rlghta herein granted lhd c:ontlf1ue until tuch time II Oranteo ceaoeo to uae the Ea....-Anoo for a pookld offlwl (6)....,...,.. yea,s, In """'1....t. lhla .....-lhall -and 811 ritlhla ,,.,..._, and ony \mp<ovornenbl r""'°"""Q In Ille--· lhall f11'10f! to or-become Ille PfOpOrly Of Grantor, prtMded, howel,<or, mat no ahondonment w, be deemed to have oa:utred by ruoon of Grantee's failure to lnlUaO, inMall 111 G)'llemt on the Easement Area wtlhkl any period ofttme from lhe date hereof. 7. 8uconeooru and Aaafc:n:). Gntntee ahaU have lhl d;tlt to -.. nppo,tion or OlherwtN tntnsrer any or all of Ha ri\JhlO. bonofllo. ptl,tlegoa and """'"'" •rilln<l In and underthlll oa-.,. V>llhcut llmlting the generality of tho loragolng, the rlgtofl end obllgatic>no of !he pa<tilD -Inure to the -of and be binding upon 11\oir oespec:ttve...,.,....,,. and aulgnA. DATED this 6 day of _ _.J,-'+e.a."'cc•c.l-'------------~ ,eJ STATE OF WASHINGTON ) , ... COUNTY OF KING ) On ttl1a _£_ day o, ±,"'-'L , ,eJ. berol"e'me, a Notary Public In Md for the Stale of Walhlnglon, duly"""""""' and , ~ -A. 8. -· to me Jmown lo be !he porlOf1 wh<I -oo -of PtJget Westom, Inc., .,. Co<pordlon ..., oXOQ/led the foregoing lntbument, and adll,ow-lho ..., lnlbUmllnt lo bo the rr.. end vollmlar/ ad end -of aold Coopollllk>n, 1w the ""'" and purpoa.ea therein menflOnod, and on oath ,lated that he was authoriled to execule the atNd Ntnnnant on behalf of aaid Cotporation. IN WITNESS WHEREOF I hive hlreunto HI my~ -the da~ yaa, finll abova-..,. ~,,, .. ,.,,,,,,l ~· . ~ .,,\ i,. e~i-"' -~-~ .... ~ ..... ;q,z:·, ·." ""~· .. , ,, "°z. NOTARY PUBLIC In anclfor the Slate of Walltlngton, 1ttr.·j · ~ re»dmg at a'.Ltnot"'CN~ I ( 110IM; \ i Mr"-1buen1Elrpln!o ;!<I-Q,i.. ' --C,.-. ' CII \ :. Pusuc ~~j ~,,.~-~" i-11,11,~ _w,,. • q §4 ,· • ) ) 20040210000803.00· Document title(s) (or transactions contained herein): __________ _ Amended Declarat10n of Covenant ol003o, I ~()O 188.::L Reference Number(s) of Document assigned or released: B02Ll601 Add1t10na! reference numbers on page----"~=-----of document(s) Grantor(s) (last name, first name, initials):. __ ~M=as,,,t,,.an.,,d,.r,.,ea.,_,,_Jo,,,hn..,_ _____ _ Add1t1onal names on page _____ of document(s) Grantee(s) (last name, first name, initials): ___ K=m,.g,._,C""o"'u,,,n.,.,ty'--------- Add1t1onal names on page _______ of document(s) Legal Description (abbreviated): i'o.-. L.ot h 1 ~L.A. L"\ gLoo1~, 'i.e.ct,~clecl IJC.l!)e..-I.I(). q810~1'1010: 'oc.\"'S .., l'o,+io~ o-f- Lot _ S', '-\ ,1 i S ·Block .l.. Plat/Section Green Tracts # I 1 1/1/$'1 P'I· I Township Range· ____ _ Add1t10na! legal 1s on page __.t)...__ of document(s) Assessor's Property Tax Parcel/Account Number(s): 289260-0038 Page 1 of6 ) After Recording return to ~u~ .,Jon, ,•••• ADM-ES-0500 ,Zln9 C.ount9 ~••I &••to ,.S,rvlco• ;oo 4'' c,llv,, ~m ;oo.,ii ..S•onlo, W di ll8f04 THIS DOCUMENT IS RECORDED TO AMEND AND SUPERCEDE THAT DECLARATION OF COVENANT RECORDED UNDER RECORDING NO. 20030716001882 DECLARATION OF COVENANT ) 20040210000803.00: IN CON SID ERA TION of the approved Kmg County __ ,,,D""'D"'E"'S'"'D""e"'v'""e""'lo,.p"'m"'e"'n"-t __ _ permit for app!Jcat1on No ---~B~02=L,,.1-"6~0~1 ____ .relating to real property described as follows ___ _,(""S""ee=att,,,a""c"'h""ed"--"le"'g,,,a"-1 d"'e"'s"'cr,._,10"-t"'10"'n,,.""p""a"'ge=5_,.o"'"f-"6_,.) _____ _ The undersigned as Grantor(s), declares that the above described property is hereby subJect to an easement fm a natural 01 constl ucted conveyance system and hereby dedicates, covenants and agiees as follows 1 Kmg County shall have the nght to mgress and egress over those portions not contamed m Exh1b1t "A" to access such easement area for mspectJon of and to reasonably momtor the perfo1mance, opeiat10nal flows, or defects m accordance with and [ as presented m Kmg County Code Secl!on 9 04 l 20) 2 If Kmg County determmes that mamtenance or 1epa1r work 1s requned to be done to the system, the Manager of the Water and Land Resources D1V1s10n of the Kmg County Department of Natural Resomces shall give· notice of the specific mamtenance and/or repair work reqmred pmsuant to KC C 9 04 030. The Manager shall also set a reasonable time in Page 2 of6 ) ) 20040210000803.00: which such work 1s to be completed by the Grantor(s), its heirs or assigns If the above reqmred mamtenance or repair 1s not completed with the time set by the Manager, the County may perform the required mamtenance or repair Wntten notice will be sent to the Grantor(s) statmg the County's mtentton to perform such mamtenance Maintenance work will not commence until at least seven (7) days after such notice 1s mailed If, w1thm the sole d1sc1et10n of the Water and Land Resources D1v1s10n Manager, there exists an imminent or present danger, said seven (7) day no!Jce penod Will be waived and maintenance and/or repair work w,11 beg111 1mmed1ately 3 If at any time Kmg County reasonably dete1mmes that any ex,stmg retent1on/detent1on system creates any of the conditions listed 111 KC C 9 04 030 and herein mcorporated by reference, the Water and Land Resources D1v1s10n Manager may take measures specified therein 4 The Grantor(s) shall assume all responsibility for the cost of any maintenance and for repa11s to the system Such respons1b1hty shall mclude reimbursement to the County w1thm thirty (30) days of the receipt of the invoice for any such work performed Overdue payments will require payment of mterest at the current legal rate as hqmdated dainages. If legal action ensues, the preva1lmg party 1s entitled to costs or fees 5 The Grantor(s) 1s (are) hereby required to obtain written approval from the Water and Land Resources D1v1S1on Manager of the King County Department of Natural Resources pnorto fillmg, pip mg, cuttmg, or removmg vegetation ( except 111 rout111e landscape mamtenance) m open vegetated d1amage fac1ht1es (such as swales, channels, ditches, ponds, etc), or perfonnmg any alterallons or modifications to the drainage fac1ht1es contamed w1thm said drainage easement Any notice or consent reqmred to be given 01 otherwise provided for by the prov1S1ons of this Agreement shall be effective upon pe1sonal delivery, or th1ee (3) days after ma1lmg by Certified Mail, 1eturn 1ece1pt requested. 6 This ag1eement conslltutes the entire ag1eement between the parties, and supercedes all pnor d1scuss1ons, negot1at1ons, and all agreements whatsoever whether oral or written. Page 3 of6 ) ) 20040210000803., This covenant 1s mtended to protect the value and desirab1hty of the real property descnbed above, and shall msure to the benefit of all the citizens of Kmg County, and shall be bindmg on all hexrs, successors and assigns OWNER STATE OF WASHINGTON) COUNTY OF KING )ss On this day peisonally appeared before me :S:al:\rs IM.a,s-\,,,..,J,.,.e,. , to me known to be the md1v1dual(s) descnbed m and who executed the withm and foregoing mstx ument and acknowledged that they signed the same as their flee and voluntary act and deed, for the uses and purposes theiem stated Given unde1 my hand and official seal this £ day of,% 11 110,r'f , 200 .:f_ BONNIE BABCOCK · NOTARY PUBLIC . STATE OF WASHINGTON ~ . COMMISSION EXPIRES ' SEPTEMBER 22, 2005 ' '-6anar < •• Af,,,.. L NOTARY PUBLIC m and for the /,7 ~ State of Washmgton, res1dmg at ~ -L.;,., < M4 My Comm1ss1on Expires 9--2..2..-os Page 4 of6 ) 20040210000803. EXHIBIT 'A' AMENDED DECLARATION OF COVENANT FOR EASEMENT OF A CONVEYANCE SYSTEM LEGAL DESCRIPTION THAT PORTION OF LOT 'A', KING COUNTY BOUNDARY LINE ADJUSTMENT NUMBER L98L0073, RECORDED UNDER KING COUNTY RECORDING NUMBER 9810219010, SAID BOUNDARY LINE ADJUSTMENT BEING A PORTION OF THE FOLLOWING DESCRIBED PROPERTY ALL OF LOTS 3 AND 4, EXCEPT THE EAST 40 FEET OF THE NORTH 200 FEET THEREOF, LOT 7; EXCEPT THE EAST 75 FEET THEREOF, AND LOT 8, EXCEPT THE WEST 185 FEET THEREOF, ALL IN BLOCK 2, GREEN TRACTS NUMBER ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS, PAGE I, IN KING COUNTY, WASHINGTON, SAID EASEMENT OF CONVEYANCE SYSTEM DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 'A'; THENCE SOUTH 89°16'32" WEST ALONG THE NORTH LINE OF LOT 'A' 167 22 FEET, THENCE SOUTH 0°43 '28" EAST 101 00 FEET TO THE TRUE POINT OF BEGINNING OF HEREIN DESCRIBED EASEMENT FOR CONVEYANCE SYSTEM, THENCE CONTINUING SOUTH 0°43'28" EAST 60 00 FEET, THENCE NORTH 89°16'32" EAST 38 00 FEET, THENCE NORTH 0°43'28" WEST 60 00 FEET, THENCE SOUTH 89°16'32" WEST 38.00 FEET TO THE TRUE POINT OF BEGINNING AND TERMINUS OF HEREIN DESCRIBED EASEMENT FOR CONVEYANCE SYSTEM Page 5 of6 SS4 OOi -----5258' _ _!:1~916'32~------2198~ 16722' ---------7 ~~~:s~Tc~~ :t NOR~.Jn c:T~ ( O 5 10 20 I··· ·I J I ten - SCALE 1 • = 20' ~/30/04 EXPIRE! ol-~lg ~ 1/,& THE TRUE POINT OF "1. I BEGINNING :e I N 8916'32" E ~";," ~ ' I z °'lg 0 .,: 0 "' 0 • -~ :e 38.00' ic~~~ ~ c;,"4> .;,pv~ d:)~ !\·~~ ~<?, z i~{f<!}<o~ °'lg f'9C..~~ 0 .,: +~.., g j cP '"1.#~ :e \i 38 oo· I N 8916'32" E EXHIBIT 'B' IBauma & Ho~mlbeirg .line. --------ENGINEERS & ::SUBV.l!:YOHI> 100 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 (425) 392 -0250 EASEMENT FOR A CONVEYANCE SYSTEM , - I - ~ ~ ~ -g g 0 !" ~ ·";- WATER DISTRICT ND, 58 8:)/101'18 RECC, F CASHSL ooa67 e 10,00 ••U0.00 35 J, Etni.li.o Pierotti • Secretary of the Board of C1J1111tss1oners of Water Dtstrfct No. 58, Kln9 County, Washington, hereby certify that the attached capy of Resolution No. --'-'"""''-- is I true and correct copy of the original resolution 1dopted on the __ ,_,_,_• ___ .day of -~°"='•cabe='-----19..,!L. DATED th1S --='.o•,oth,__-'day of _ _,Oct=•aaboecr,_ __ _ 19~. tlLED tor Record at Request 01 a, ... y,,.;,_ e,. WAip; 1>,;f "sl I ld1knl /IP£ SC Q6 ~ l'M h , &.Jlf. 9 fer,,...... ~9~ OHLIO PIEROTTI Secretary of the Board of Comissioners water District No. 58 !ii ffl < ffl C __,,,. ' ----· Description: King,WA Document-Year.Month.Day.DocID 1985.1018.867 Page: 1 of 6 Order: 665949 Comment: ; I j ! h I 1 l I ttlCO COVDff ll.1!1111 DIS'tl!ICT CO. 58 1n&:0 COUtJTI • imsa1ancc RBSm.U!l'IOIO !!O. 2544 A RBSOLOTJoa of the Board of Comhaionen of ling County water District No. 58, linv County, Waahington, establi1hin9 latecomer'• costs due King County Water District No. 58 on Latecomer No. 60, ULID 62°Water I111provementa. WBRBAS, water 111ain1 and appurtenance• have been inatalled a, a part of the project co11UDC1nly knovn a, the VLID 62 Water I1aprovefll8nta Project, said improvements being daacribed in Exhibit •A 11 hereto, and tmBRBAS, said facil1Uea will ~rovide benefits and oervicea to the property described in said Exhibit 11 A11 attached heretc,, which is made a part hereof by this reference thereto, and lfflERBAS, it is the pC11icy cif King County Water District No. 58 to require reimbursement for any facilitiee built by the district and/or by an individual when said facilities provide benefit and service to adje~ent property, and lfllBREAS, the District Engineer has coaputed the properties benefited and the values of said benefit as applied to said properties. Nmf, TBBRBFOBE, BB IT RISOLVBD by t~e Board of Commisaionera of King County water District No. 58, ling County, Washington, as follows; SBCTION 1, That a latecomers rate is hereby established whereby the property de.scribed in Exhibit •.1• will be and is required to pay a latecomer rate of $16.54 per front foot. BBCTJOH 2a That no service shall be provided to any of the property described in Exhibit •A• prior to the person applying for said service paying the District thfl above established charges for all property held by the applicant which lies within Exhibit •A•. RESOLUTION NO. 2544 SUBJ!CTs Establishing Latecomer's costs, Latecoaer's No. 60 ULID 62 Water Improvements Project. PACE ONE OF 'l"WO Description: King,WA Document-Year.Month.Day.DocID 1985.1018.867 Page: 2 0£ 6 Order, 665949 Comment, Ii ., •j ., ., ,, ) ADOPTBO by the Board ~f Commiee1onero ~f ring County water District N"· 58, King County, Washington, at~ regular open pubitc neeting thereof on the 17th day A!SOLUTION NO. 2544 SUBJECT: Eetabliahing Latecomer'& coats, Lntecomar'a No. 60 ULID 62 lfater 1111proveme:nta Project. PAGE TWO OP TWO ~~ .... ···-~.· .. • ) Description: King,WA Document-Year.Month.Day.DocID 1985.1018.867 Page: 3 of 6. order: 665949 Comment: I I I I .I • i j i i ) EXHIBIT •A• All properties benefitt,nf b11 new w.::ter service connections and/or meters, and which lie 1)0,00 feet of the existing watermatns as described In Exhfbtt ~A", and which lie within the fol lowing described parcels o' land: COl!Nnctng at; the center of Section 29, Towns~.\p 23 North, Range 5 tast, w,M,, In King Count.Y, Wuhtngton: Thence Northerly along the North-South centerline of said Section 29 t.o the North line of the South 150,00 reet of Block 10, Akers Farm No. 6 as recorded In VolumP. 42 of Phts, Page 15 records of 1Cfr19 County, Wuh1ngton: Th&ncl! Easterly 11on9 uld Notth line to the West line of Tract 5, Block 10, ntd Pht of Aker' s Farms ~o. 6; thence ~ortherly along satd West lfru• to an Intersection with the Westerly extension of the c:enterlfne of S.£. 162nd Street: Thence Euterly .along s.atd Westerly extension and along the centerline s.£. 162nd Street to ,n intersection with the Southerly extension of the West ltne of Tract 3, Slod. 1 satd Plat of Aker's rarms No. 6; Thence Northerly along said Southerly eJCtension and along the West line of sa1d Tract 3 and Its Northerly extension to the North line of said Section 29; Tl'lence Easterly along the North line of utd Section 29 to the Northeast corner thereof. ~ence Southerly along the East line of said Section 29, to the South line of tnl! North 717.89 feet of the Southeast quarter thereof; Thence westerly along sa1d South line to the West 11ne of the East 181,00 feet of the southeast quarter of ufd Section 29; Thence Northerly along said West line to III point on a linl! which lies 150.00 feet South- erly of the Southerly margin of S.E. 169th Street; Thence Westerly and parallel .,.1th said Southerly llne to the £est line of the West 170.00 feet of the tast h11f of the Northeast qu111rter of the Southeut quarter of safd Section 29; Thence 'iouthP.rly alonq Hid East line to the ltortherly ltne of the· Southerly 180,00 feet of the Northeast quarter of the Southeast quarter of ufd Sectfon 29; Thence Westerly •long said Northerly line to the £est 11argln of the Plat of Green Tracts No. 2 as recorded In Volunie 67 of Plats, Page 68 records of King Count.v. Wast11ngton; Thence Northerly along Ute tilst margin of said plat an" fts Northerly extension to the center11ne of S.(. 169th Street; Ther..:e Westerly .ilong s.ifd centerline to the centerline of 113th Avenue S.E.; Thence Northerly along s,id centerline to the Euterly extension of the South 1 lne of Block I, Plat of Green Tracts No. l as recorded In Volume 48 of Plats, Page I records of King Count,, Washington: Thence Westerly 111Iong said Easterly extension end the South Jfne of s111ld Block l to the West line of the East 1SO.OO feet thereof; Thence t{Jrtherly along Sollid West line to the. North 11ne of Tract 5 s1111d Block 1; Thence Easterly along said North line to the west ltne of Tract 4, Block 1 sc1fd Plilt of Green Tr111cts No. I; Thence Northerly along s111id West line and along the West llne of Tract 3, Block 1 of said plilllt and 1U. Northerly extension to the South line of Northeast quarter of utd Section 29: Thence Westerly along said South 11ne to the Point of Beginning. Description: King,WA Document-Year.Month.Day.DocID 1985.1018.867 Page: 4 otcr·-·- Order: 665949 Comment: I '· ·~ ) ' I ) ) P1ge 2 AND COClllllenc:ing at the intersect ion of the West 1 lne of the Horthent quarter of the Southust. quarter of Section 29, To~sh1p 23 North, Range 5 East, W,H,1 1n kfng County, Washington and the South 1 fn11 of lot 5, Block 1, of the Plat of Green Tracts No, I as recorded 1n Vol11111e 48 of Plats, Page J, records of ling County, Washington; Thence Easterly along saflj South line to the East line of the West 292.94 feet of said Northeut Quarter and the True Potnt of 8tgtnntng: Thence Southerly tlonQ satd East line to the North line of the Plat of Green Tracts No, 2 H recorded tn Voiun:ie 67 of Plats, Page 68, records of Ktng County, WUhtngton: Thence wu•erly, Southerly and Easterly along the boundary of s,1d Plat of Grl!en Tracts No. 2 to the Southeast corner thereof; Thence Northerly along the £asterly boundary of s.sfd Plat of Green Tr,cts No, Z .snd along its Northerly e11. .. ens!on to the centerline or S.£. 169th Street; Thence Westerly along said centerline to the centerline of 113th Avenue S.E.; Thence Northerly along s.sfd centerlfne tn the Euttrly extension of the south 11ne of tot 5, Block I of utd Plat of Green T: .icts No. 1; Thence Westerly along s.sfd Easterly extension and along the South 11ne of satd Lot 5 to the True Point of BeQinnlng, Description: King,WA Document-Year.Montb.Day.DocID 1985.1018.867 Page: 5. of 6 Order: 665949 Comment: I ~ .. ,, ..... ) EXHll3IT "A" WATER DISTRICT NO. S8 WATER IMPROVEMENTS • AKER' S FARfllS NO, 6. ANO VICINITY ON FROI! TO B" 113th A,e, 5,f, S.f, 172nd St, S,E. 164th St, 6" 111th Ave. S.E. s.E. 168th St. S.E. 164th St. 8" Edst!met'lt 650 S.£. 164th St, S.E. 162nd St, rt.+ West c,1 I I 4{h /1Ye, H" 114th Ave. S,r. S,E, 164th St. S,f, lliOth St, A" £"'"'"' 350 <.£. 162od St, Poiot 450 ft,! 8" ,. •• 8" 8" 6" 8" Ft.+ West of North 114th Ave. 5.£. 115th Ave. S.E. 115th Ave. S.E. S.E. 162nd St • S.E. 165th St. S.E. 169th St. S.E. 162nd St, S.E. 154th St, S.E. 165th St. 250 Ft.+ South of S.E.-165th St. Euterly Marqin 8onnev111 e Power Easement in NE 29,23-5 250 Ft. + South of S.£.-165th St, Cul,de-Sac 500 Ft.!, South 114th Ave, S.E. 115th Ave. S.E. 116th Ave. S.E. 113th Ave. S.[, 116th Ave. S.E. 114th Ave. S.E. 116th Ave. S.E. 108th Ave. S.E •. 109th Ave. S.E. Ru 108th Ave. S.£. ol,E. 164th St. S.£. 29th St. (S,E, 166th St,) &" fase,.,nt '50 S.E. 169th St, 410 Ft.• South of Ft.• East of S.£. 169th St. 1 IJ'Fh Ave. S.[. 12" S.£. 164th St. 109th Ave. S.E. 116th Ave. S.E, 10" 116th Ave. S.E. S.E. 160th St. S,E, 168th St. 6" S.E. 168th St. l~Bth Ave. S.E. 116th Ave, S.E. 12• 109th Ave. S.E. S.E. 164th St, S.C, 168th St. ) Description: King,WA Document-Year.Month.Day.DocID 1985.1018.867 Page: 6 of 6 Order: 665949 Conunent: ) 20040426000002.001 ~ Jo tlv /JJA-J:f" ,J.,A./.) tU4 S/o /Zr.i-,.., ih'vt. 4~£. ..r-o ..n::,,-rr=, 4-/.J. 1"( /VY, 11111111111111111 20040426000002 :~ii, OF aea NOSA 21 ee ke•12e12ee4 ea 33 tNO COUNTY I IJA Document Title(,) (or transactions contained here.in): _.....:s=_~.;_'v-. __ S,-"--'-J_\..;_.:_\l'-(._=- ~~ C..... Reference Nomber(s) of Documents assigned or released: ----------- Add1bonal reference numbers on page ___ of document(s) Grantor(s) (last name, first name, Initials): c:J;'u...-/:>7 * ;;r.4p,.,c, <4"f Add1t10nal names on page ___ of documcnt(s) Grantee(s) (last name, first name, Initials):_.{=''-'"'-· -')""r----'(~<>J~""~\_d-+----- Add1bonal names on page __ of document(s): ------------- Legal description (abbreviated): SE Lot:__ Block:__ PlaVSecnon:~ Township·~ Range:_5_ Add.Jbonal legal ts on page __ 3_ ofdocument(s) Lot:___ Bloclc___ Plat/Section:___ Township: ___ Range: __ Add1b.onal legal 1s on page ___ of document(s) Lot·___ Block___ Plat/Section:___ Townslup: ___ Range· __ Add1t1onal legal 1s on page ___ of document(s) Lot__ Block·__ PlaVSection:__ Township· __ Range: __ Add1t1onal legal IS on page ___ of document(•) Assessor's Property Tu Parcel/Account Number(s): -=2=-89"2"9"0'----'0"'0"3=8 ______ _ DO NOT WRITE IN MARGINS The Auditor/Recorder will rely on the information provided on this form. The staffwlll not read the httached document to verify the accuracy or completeness of the indexing Information provided herein. F516/LegalCOV,Bht 3/Z8/i7-10:04 Aff/dj ,. ) @ K1ng County Dept of Development and Env1ronment1J Services Land Use Senicea Di'rislon 900 Oakesdale Avenue Southwest R.cmon, WA 98055·1219 For Permit Number· f,c, 2. L / l.o () \ ) 20040426000002.002 For Parcel Number. ---"'28,,.9"'2"60-0"-'"'0"'3Be_.. ________ _ , more fully descnbed as (street Olidress) This property contains sens1t1ve areas and/or sen.cntive area buffers, as defined by the King County Sensitive Areas Ordinance, KCC 21A 24. The provisions of the SensitJve Aieas Ordmance apply .tci tills prope[ty Lim1ta!Ion may ex1&t on actions in or affecting the sensitive areas or their buffers present on this property. For further information regardmg such hm1tation, please contact the Land Use Services D1v1sion of King County or its successor agency This notice shall run with the land and shall not be removed except upon specific written authonzation recorded herein by King ~~ County. I, (print) John Mastandrea , hereby certlfy that I am the owner of the above-referenced property. er's Signature) SUBSCRIBED AND SWORN TO before me this 1,,3 day of /KguJ.; , j;gP!f' notary seal Attachments __ ............ ,,,,, ----i,-!', w. ~,,, ;-ov, .......... '1-;.•, ; ~ • .-:ss•oN ,,; .• 0 ,1 ,,::-.. ~... --i::o·· , f /! ~OTARy 1\-t. ~ ,, :o --~= ~ ~ . . . ~ , . \ Pusuc .: J ,, c&.'· : .: 11, '1;;_·.~-~0-0~./ ; ,, ·c::,~ ••••·••• -,, Op-_: ,\,,,,, ....... ---- 1'nJJkw Notary Pubhc in anil for the State of Washington, residing at ,fl~ ,• ., ) ) LOT A, KING COUNTY BOUNDARY LJNE ADJUSTMENT NUMBER L98L0073, RECORDED UNDER KING COUNTY RECORDING NUMBER 9810219010, SAID BOUNDARY LINE ADJUSTMENT BEING A PORTION OF THE FOLLOWING DESCRIBED PROPERTY 20040426000002.003 ALL OF LOTS 3 AND 4, EXCEPT THE EAST 40 FEET OF THE NORTH 200 FEET THEREOF, LOT 7, EXCEPT THE EAST 75 FEET THEREOF, AND LOT 8, EXCEPT THE WEST 185 FEET THEREOF. ALL lN BLOCK 2, GREEN TRACTS NUMBER ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS, PAGE 1, IN KING COUNTY, WASHINGTON . ..-r I, (pnnt) ::fa,.,., /J · ""'" • '7' ,,,._,,"-""'I-hereby certify that I am tho owner of tho above-referenced property. (c2a: SUBSCRIBl!I> AND SWORN TO before me this j, °3 day of 1tf4¢ , ~ notary seal · _ .......... ,,,,,, A!J ,hJ~iw ?-:;, 'I'!:.~~"'>-:''•, clfi2Mj,-,:-o""··~s,iON 4..,01, \ NotaryPublio inanfor tho ~ .·~~ ~·· I CW . 'din I j! :'J o1AflY ~\ ~ State o asbington, I'CS1 g at ~ :o "-: ! d ; I. ,, ~o ~: i L~ ... .... w.... f ---1--=--=='--------• ,I\..··. 4,10.\(.•' ... 2 '•i(":'liOF;i/ _/ ''"""--/~ -Q.. > 7 (owners rugnature) • ) ) 20041220001100.001 When Recorded Return To: Puget Sound Energy Corporate Facilities Department P.O. Box 97034 PSE-10S Bellevue, WA 98009~9734 1~11111111111111111~1 20041220001100 Attn: WBressler JOHN AG 46.ff PFIGE011 OF 809 12/211/Ztfl,4 11 :23 KINO COUNTY, UA AGREEMENT AND EASEMENT FOR STORM SEWER REFERENCE#: go,:z,q<,, 0 I GRANTOR: Puget Sound Energy, Inc. GRANTEE: John Mastendrea LEGAL DESCRIPTION: SE 29-23-5 ASSESSOR'S PROPERTY TAX PARCEL: 289260-0040 THIS AGREEMENT made this z,;t!! day of ~ , 2004, between PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), and JOHN MASTENDREA, a single person ("MASTENDREA" herein) WHEREAS, PSE is the owner of a parcel of land known as Rolling Hills SubstaUon described as fallows: Lot B, King County Boundary Line Adjustment number L98L0073, recorded under King County Recordlng number 9810219010. WHEREAS, such parcel of land is presently owned end occupied by PSE in connection with PSE's electric utility operations, (said parcel being hereafter referred to as "PSE's Property"); WHEREAS, MASTENDREA desires a permanent easement and temporary construction easement for a storm sewer across PSE's Property at a location more spectflcally described herein below; WHEREAS, MASTENDREA, PSE and KING COUNTY have executed a document titled "LETTER OF UNDERSTANDING FOR COVENANTS OF ROLLING HILLS TOWNSITES BETWEEN PUGET SOUND ENERGY, JOHN MASTENDREA AND KING COUNTY FOR ATTACHMENT TO AGREEMENT TO EASEMENT FOR STORM WATER• and Is attached hereto as ADDENDUM A and by this reference incorporated herein; · NOW THEREFORE, In consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid receipt of which ls hereby acknowledged, and in consideration of the performance by MASTENDREA of the covenants, terms and conditions hereinafter set forth, PSE hereby conveys and quitclaims to MASTENDREA the following: A. A nonexclusive perpetual easement and temporary construction easement over, across, along, in, upon and under those portions of PSE's Property described In Exhibit "A" attached hereto and by this reference made a part hereof for the purp~es of lnstalli~constructing, operating, maintaining, removing, repairing, replacing and using one twelve (12) Inch d' ler eeAePele~ewer pipeline and appurtenances thereto {herein the •improvements•), · V"" "°JO(..I'\,\ J.A \t.--·-S...-0'(. The terms "Easemenr and ·Easement Area" in this ~reement refer to the permanent easement, temporary construction easement and consent herein granted on PSE's Property. This Agreement Is granted subject to and conditioned upon the following terms, conditions and covenants which MASTENDREA hereby promises to faithfully and fully observe and perform. ) 20041220001100.002 1. Co!lt of Construction ond Maintenance. MASTENDREA shall bear and promptly pay all costs and expenses of construction and maintenance of the Improvements. MASTENDREA shall bear and promptly pay all costs and expenses attributable to the MASTENDREA's construction of its Improvements on PSE's Property. 2. Cgmpflanca with Laws and Rules. MASTENDREA shall construct. maintain and use the Improvements in accordance with the requirements of PSE, the National Electric Safety Code and any statute, order, rule or regulation of any public authority having jurisdiction. 3. Upa pf PSl;'s Property bx PSE. MASTENDREA's rights herein shall at alt times be subordinate to such rights of PSE as are necessary to preserve and maintain the capabilities of PSE's Property to be used for utility purposes, and nothing herein contained shall prevent or preclude PSE from undertaking construction, installation and use of any utility facilities within PS E's Property. PSE shall not be liable to MASTENOREA or to MASTENOREA's employees, agents, or to any other party benefiting from said Improvements, for Joss or injury resulting from any damage or destruction of the Improvements, except to the extent caused by the negligence of PSE, Its officers, employees, agents or licensees. 4. Required Prior Notice and Approyal of Plans and Spectflcatl9n9. Prior to any installation, alteration, replacement or removal of the Improvements or any other major activity by MASTENDREA on PSE's Property, MASTENOREA shall give PSE written notice thereof together with preliminary plans and specifications for the same at least thirty (30) days prior to the scheduled commencement of such activity. PSE shall have the right to require that such plans and specifications be modified, revised or otherwise changed to the extent that the final plans and specifications therefor shall Include provisions for the protection of PSE's fac~ities, the prevention of hazardous conditions and minimum interruption to PSE's utility operations. No such activity shall be ~mmenced without PSE's prtor wriHen approval of the plans and specifications therefor and all changes or amendments thereto, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, In the event of any emergency requiring Immediate action by MASTENOREA for protection of the Improvements, persons or property, MASTENDREA may take such action upon such noUce to PSE as is reasonable under the circumstances. Nothing herein shall be deemed to impose any duty or obligation on PSE to determine the adequacy or sufficiency of MASTENDREA's plans and specifications, or to ascertain whether MASTENDREA's construction is In conformance with the plans and specifications approved by PSE. 5. As-Bullt §yrypy. Upon PSE's request, MASTENDREA shall promptly provide PSE with as-built drawings and survey showing the location and elevations of the Improvements on PSE's Property. 6. MASTENPBEA's Use and Activities, MASTENDREA shall exercise its rights under this Agreement so as to minimize and avoid, insofar as possible, Interference with the use by PSE of PSE's Property for utUity purposes and shall at all times conduct Its activities on the Easement Area so as not to interfere with, obstruct or endanger PSE's operations or facilities. MASTENDREA shall install the Improvements and conduct any other of Its substantlal activities on PSE's Property as may be communicated to MASTENDREA by PSE for the purpose of protecting PSE's facilities, preventing hazardous conditions and minimizing interruptions to PSE's utility operations. 7. Coordination of Activities, MASTENDREA shall give at least 30 days advance written notice of the proposed dates of Its construction, repair and maintenance activities on PSE's Property to PSE's Coordinator of Substation of Maintenance, Dave Kramer located in Bellevue at the General Office complex at 425-456-2146 or other office of PSE as PSE may from time to time designate. MASTENDREA shall cooperate ln the revision of such dates and/or the coordination of its activities with those of PSE's if deemed necessary by PSE to minimize conflicts, Insure protection to each parties facilities, prevent hazardous conditions, or minimize interruption of PSE's operations. Provided, however, that fn the event of an emergency requiring immediate action by MASTENDREA for the protection of its Improvements or other persons or property, MASTENDREA may take such action upon such notice to PSE as is reasonable under the circumstances. 8. Work Standards, All work to be performed by MASTENDREA on PSE's Property shall be designed and constructed so as to withstand the consequences of any short circuit of any of PSE's electric facilities now or hereafter Installed on PSE's Property. All work to be performed by MASTENDREA on PSE's Property shall also be in accordance with the plans and specifications submitted to and approved by PSE and shalt be completed in a careful and workmanlike manner to PSE's satisfaction, free of claims or liens; however, nothing herein shall be deemed to impose a duly or obligation on PSE w!th respect to the sufficiency thereof. Without limitation to the foregoing, MASTENDREA shall exercise the utmost caution when conducting its activities in the vicinity of any of PSE's energized utility lines in order to prevent any contact therewith. Upon completion of such work MASTENOREA shall remove all debris and restore !he ground surface as nearly as possible lo the condition in which it was at the commencement of such work, and shall replace any property corner monuments which were disturbed or destroyed during construction. MASTENDREA shall also pay to PSE all of PSE's costs necessary to re-establish destroyed survey references and hubs establlshed by PSE in conjunction with any survey for new facilities on PSE's Property. 9. Chanaas and Repairs to PSE'& facllltfe9. MASTENDREA shall promptly pay to PSE the cost of any relocation, alteration, restoration and other changes or repairs to PSE's facillties which PSE shall reasonably deem necessary by reason of the construction, use and maintenance of the Improvements or ) ) 20041220001100.003 other activities of MASTENDREA on PSE's Property. Jf PSE so requests, MASTENDREA shall provide assurance of payment satisfactory to PSE prior to PS E's commencement of such work. PSE shall accomplish such changes or repairs, subject to the avallability of labor and materials. 10. ~-MASTENDREA shall design, construct, maintain and use its Improvements in such fashion as to permit reasonable and continuous access along PSE's Property in all directions, and in such fashion as to accommodate and suppor1 vehicular travel over and across the Improvements, including travel by cranes and trucks with heavy loads. MASTENDREA shall at all times keep PS E's Property free and clear of all obstructions and equipment. If requested by PSE, MASTENDREA shall make provisions for continued access by PSE along PSE's Property during constMJction of the Improvements. 11. lnsPectora. PSE shall appoint one or several PSE representatives who shall serve as Inspectors to oversee all work to be performed by MASTENDREA on PSE's Property. MASTENDREA shall not cany on any work unless It has given such notice to PSE as may be reasonable in the circumstances so as to allow for the presence of such inspector or Inspectors. MASTENDREA and MASTENDREA's contractors shall promptly and fully comply with all orders and directions of PSE's inspectors, including without limitation, cessation of work, and MASTENDREA's constMJction contracts shall so provide. MASTENDREA shall promptly pay PSE's charge for such inspectors. 12. Conflict with Future lnstallatfons of PSE-In the event that it should become necessary for PSE to install additional electric utility facUilJes or otherwise use PSE's Property and if, in the sole Judgment of PSE, the location, existence and use of the Improvements Interferes with such installation or use to lhe extent that It is impracticable or substantially more expensive to accomplish such tnslallatlon or use, or that such Installation or use may pose a hazard because of the location, existence or use of the Improvements, MASTENDREA shall have the obligation to either, in MASTENDREA's sale discretion, (a) protect, modify or relocate the Improvements at the cost and expense of MASTENDREA, so as to remove the interference or hazard to PSE's satisfaction, or (b) to reimburse PSE for Its reasonable added costs of design, construction and installation to minimize and/or avoid such Interference or hazard. In the event PSE Intends to undertake any such construction, PSE shall give MASTENDREA reasonable advance written notice of such Intention together with prellmlnary plans and specifications for such work, identifying the potential interference or hazard and all design information relating thereto. In no event shall such notice and plans be required to be given more than six months prior to the scheduled commencement of work. Wllhln one month after receiving such notice from PSE, MASTENDREA shall give written notice to PSE by which notice MASTENDREA wlll elect to (a) protect, modify or relocate the Improvements, or (b) reimburse PSE for its said added costs. tf MASTENDREA elects to protect. modify or relocate the Improvements it shall commence work prompUy and diligently prosecute such work to completion prior to the scheduled date of commencement of PSE's construction. If MASTENDREA elects to pay PSE's added costs, MASTENDREA shall give PSE satisfactory assurance of payment of such costs at the lime such notice of election is given. If MASTENDREA does not so elect one of the above-described options by giving PSE the required notice, PSE shall be entlUed to make such an election on behalf of MASTENDREA, MASTENDREA agrees that this election shall be bfndlng upon MASTENDREA and have the same effect as If made by MASTENDREA. If PSE so elects option (a) described herein or If MASTENDREA elects option (a) and falls to commence end prosecute its work as contemplated herein, PSE may, at Its option, undertake such work on behalf of MASTENDREA as PSE deems necessary pursuant to option (a) and MASTENDREA shalt promptly pay PSE for all costs Incurred by PSE in performing such work. PSE's costs reimbursable under this paragraph are defined as In Paragraph 9 herein. 13. Tennlnatlon for Breach. In the event MASTENDREA breaches or fails to perform or observe any of the terms and conditions herein, and falls to cure such breach or default within ninety (90) days of PSE's giving MASTENDREA written notice thereof, or within such other period of time as may be reasonable in the circumstances, PSE may terminate MASTENDREA's rights under this Agreement in addition lo and not in !imitation of any other remedy of PSE at law or in equity, and the failure of PSE to exercise such righl at any lime shall not waive PSE's right to terminate for any future breach or default. 14. Termination for Cessation of U11. In the event MASTENDREA ceases to use the Improvements for a period of five (5) successive years, this Agreement and all MASTENDREA's rights hereunder shall automatically terminate and revert to PSE. 15. Refuse pf Improvements on Termination. No termination of this Agreement shall release MASTENDREA from any liabUity or obligation with respect to any matter occurrlng prior to such termination, nor shall such termination release MASTENOREA from its obligation and Jlability to remove the Improvements from PSE's Property and restore the ground. 16. Removal of Improvements on Termination, Upon any termination of this Agreement. MASTENDREA shall promptly remove from the Easement Area its Improvements and restore the ground to the condition now existing or, In the alternatlve, take such other mutually agreeable measures to minimize the Impact of the Improvements on PSE's Property. Such work, removal and restoration shall be done at the sole cost and expense of MASTENDREA and in a manner satisfactory to PSE. In case of faDure of MASTENDREA to so remove its Improvements, restore the ground or take such other mutually aQreed upon measures, PSE, may, after reasonable notice to MASTENDREA, remove MASTENDREA's ) ) 20041220001100.004 Improvements, restore the ground or take such measures at the expense of MASTENDREA. and PSE shall not be liable therefor. 17. Third Party Blahts. PSE reserves all rights with respect to its property including, without limitation, the right lo grant easements, licenses and permits to others subject to the rights granted in this Agreement. 18. Beleasa and lndemnJty. MASTENDREA does hereby release, indemnify and promise to defend and save harmless PSE from and against any and all liability, loss, cost, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by PSE in defense thereof, asserted or arising directly or indlrectly on account of or out of (1) acts or omissions of MASTENDREA end MASTENDREA's servants, agents, employees, and contractors in the exercise of the rights granted herein, or (2) acts and omissions of PSE in its use of PSE's Property which affect MASTENDREA's employees, agents, contractors, and other parties benefiUng from said Improvements; provided, however, this paragraph does not purport to Indemnify PSE against liability for damages arising out of bodily injury to persons or damage to property caused by or resulling from the sole negligence of PSE or PSE's agents or employees. 19. Insurance. Prior to MASTENDREA's construction activities or other substantial activities on PSE's Property under the rights provided herein, MASTENDREA shall submit to PSE evidence that MASTENDREA or MASTENDREA's contractors has obtained comprehensive general liability coverage naming PSE as an addttional Insured {including broad form contractual llabllity coverage) satisfactory to PSE wllh limits no less than the following: Bodily Injury Liability, including automobile bodily Injury Property Damage Uablllty, Jncludlng automobile property damage liability $2,000,000 each occurrence $2,000,000 each occurrence Said evidence shall be submitted on PSE's CartIDcate of Jnsurance standard form (which form PSE shall provide upan request) or such other form as PSE may from time to Ume approve. Said coverage shall be maintained by MASTENDREA or MASTENDREA's contractors during the period when such activities take place. 20. Taxes and AaseBRment,. MASTENDREA shall promptly pay or reimburse PSE for any taxes and/or assessments levled as a result of this Agreement or relating to MASTENDREA's improvements constructed pursuant to this Agreement. 21. Il1!!. The lights granted herein are subject to permits, leases, licenses and easements, if any, heretofore granted by PSE affecting PSE's Property subject to this Agreement. PSE does not warrant tltle to PSE's Property and shall not be liable for defects thereto or failure thereof. 22. -,~. Unless otherwise provided herein, notices required to be in writing under this Agreement shall be given as follows: ff to PSE: Puget Sound Energy, Inc. Corpcrate Facilities PSE-10S P.O. Box 97034 Bellevue, WA 98009-9734 If to MASTENDREA: John Mastendrea 2411 South 245• ST,# D-16 Kent, WA 98032 Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in lhe United States Mall, postage prepaid, certJfled or registered mall, return receipt requested, or upon delivery thereof if otherwise given. Either party may change the address to which notices may be given by giving notice as above provided. 23. Asaiqnment. MASTENDREA shall have the right to assign its rights hereunder upon approval by PSE. Such approval shall not be unreasonably wlthheJd. No assignment of the privileges and benefits accruing to MASTENDREA herein, and no assignment of the obligations or Uabnities of MASTEN OREA herein, whether by operation of law or otherwise, shall be valid without the prior written consent of PSE. 24. Succ@SBOCI, The rights and obligations of the parties shall inure to the benefit of and be binding upon thefr respective successors and assigns. 25. ~-In the event of any assignment of the rights hereunder, the liability of MASTENDREA and its assignees shall be joint and several. EXECUTED as of the date hereinabove set forth. ACCEPTED: ~;s~ STATE OF WASHINGTON COUNTY OF KING ) )SS. ) 20041220001100.005 . 11! On th,s J.!::I.:.. day of ~ eU:M EE]( , 2004, before me, the undersigned, personally appeared R. S. MCNULTY, to me known to be the Director Corporate Faollltles of PUGET SOUND ENERGY, INC., the corporation that executed the foregoing Instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oalh stated that he is authorized to execute the safd instrument. WITNESS my hand and official seal hereto affixed the day and year above written. :II'""""'"'"' _{$'a~<f,.':1!9.tt e~ §~· ·~~~ ... ~. . ~ fJli: !l0T411_;. 1, .• '.5 -• --0-.. ·:z,- ,,\~ -"liauc _.. /;,J ~~:r~1.._ f-7'.~,..os ~O,e-·•,,.-:z.~&~ ,,,. 1 WAS~ ,,,.., .,, 11111\1\ STATE OF WASHINGTON ) ) ss COUNTY OF KING ) Print ffie WdY,J~ 6:oe.c:ql &'2t!!S$Le--p Notary Public in and for the State of _ Washington, residing at tI~u.t:-"'V'IA,;- My commission expires---=8~/"t/;;;=iL'-"-'G.'-- ,6 9 day of ~ • 2004, before me, the undersigned, a Notary Public as lngton, duly commissioned and sworn, personally appeared .!J~~!},,~~~llf""'~~-,;--,-,--~..,.--' to me known to be the person(s) who signed the individual that e>eecuted the within and foregoing instrument, and acknowledged said Instrument to be his/her free and voluntary act and deed for the uses and purposes therein mentioned; and on oath stated he was authorized to execute the said instrument. !~:~ UNDER my hand and official seal hereto affixe~d the day and year~ln !his certificate flrst above ---"""''-'r,~ I, 'L / ---'l'J. KEtv ,,, _____!I• ti NV: :.,-.'i> •.•..•..... _>-oA\ (Signature of Notary) ~ '!!IP'_,•'9:,\0 E..t,:;•, ·y , :o.~~ ~-.. ,, f ~ :'.:i o'\p..RY ~\ ~ ~ :o ~ _.-: ~ State of ', '·" ~ l' : I, •. t, : J -,,, .a.:· ... 4-10 .. ~--·· ,: I ""t»:····:::.'.c.~ .:"" \\, 't:. OF,..,,...... -,,,,, ........ ----- J ) AGREEMENT ANO EASEMENT FOR STORM SEWER PUGET SOUND ENERGY, INC, Tq MASTENDREA EXHIBIT "A" 20041220001100.006 ) THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST. W.M. IN KING COUNTY, WASHINGTON DESCIBED AS FOLLOWS; PERMANENT EASEMENT THE WEST 15 FEET OF THE SOUTH 170 FEET OF LOT B, KING COUNTY BOUNDARY LINE ADJUSTMENT NUMBER L98L0073, RECORDING NUMBER 9810219010 RECORDS OF KING COUNTY, WASHINGTON. TEMPORARY CONSTRUCTION EASEMENT THE EAST 5 FEET OF THE WEST 20 FEET OF THE SOUTH 170 FEET, AND THE WEST 23 FEET OF THE NORTH 20 FEET OF THE SOUTH 190 FEET OF LOT B, KING COUNTY BOUNDARY LINE ADJUSTMENT NUMBER L98L0073, RECORDING NUMBER 9810219010 RECORDS OF KING COUNTY, WASHINGTON. ) ADDENDUM TO AGREEMENT AND EASEMENT FOR STORM SEWER PUGET SOUND ENERGY, INC. TO MASTENOREA ADDENDUM A ) 20041220001100.007 LETTER OF UNDERSTANDING FOR ROLLING HILLS TOWNSITES BETWEEN PUGET SOUND ENERGY, JOHN MASTENDREA AND KING COUNTY FOR ATTACHMENT TO AGREEMENT AND EASEMENT FOR STORM WATER IN CONSIDERATION of the approved KING COUNTY Commercial Development permit for application No. B02L 1601 relating to the Plans on file for that project. The undersigned Puget Sound Energy (PSE) declares that It has granted an easement for purposes of constructing, operating and maintaining a storm water conveyance system to John Mastendrea (MASTENDREA} over the westerly 15 feet of the southerly 170 feet of its Rolling HIiis Substation property (herein "Easement Area"). PSE, MASTENDREA and KING COUNTY agree as follows: 1. King County shall have the right to Ingress and egress over the Easement Area for inspection of and to reasonably monitor the performance, operational flows, or defects in the conveyance system In accordance with and [as presented In King County Code Section 9.04.120]. 2. If King County determines that maintenance or repair work Is required to be done to the conveyance system, the Manager of the Water and Land Resources Division of the King County Department of Natural Resources shall give notice of the specific maintenance and/or repair work required pursuant to K.C.C. 9.04.030. The Manager shall also set a reasonable time In which such work is to be completed by MASTENDREA or his heirs or assigns. 3. MASTENDREA or his heirs or assigns shall assume all responsibility for the cost of any maintenance and repairs to the conveyance system. 4. MASTENDREA or his heirs or assigns Is (are} hereby required to obtain written approval from the Water and Land Resources Division Manager of the King County Department of Natural Resources prior to filling, piping, cutting, or removing vegetation (except In routine landscape maintenance) in open vegetated drainage facilities (such as swales, channels, ditches, ponds, etc.), or performing any alterations or modifications to the drainage facillties contained within said drainage easement. Any notice or consent required to be given or otherwise provided for by the provisions of this Letter of Understanding shall be effective upon personal delivery, or three (3) days after mailing by Certified Mail, return receipt requested. 5. Except for the aforementioned Agreement and Easement for Storm Water this Letter of Understanding constitutes the entire agreement between the parties, and supercedes ail prior discussions, negotiations, and ail agreements whatsoever whether oral or written. This Letter of Understanding Is Intended to protect the value and desirability of the real property covered by application B02L 1601, and shall insure to the benefit of all the citizens of King County, and shall be binding on ail heirs, successors and assigns. 20041220001100.008 Dated this~ day of .......,.,,....., ,,,...__ , 2004. JOHNM~ ~ STATE OF WASHINGTON } } ss COUNTY OF KING ) On this day peraonally appeared before me John Mastendrea to me known to be the Individual described In and who executed the within and foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein stated. Given under my hand and official seal this ~ 9 day of ~ , 2004. STATE OF WASHINGTON } }SS COUNTY OF KING } ~Id~ Print Name _________ _ Notary Public in and for th.M)~te.of Washington, Residing at~ .L="""=-- My commission expires------ On this day personally appeared before me R. S. McNulty, to me known to be the DIRECTOR CORPORATE FACILITIES of PUGET SOUND ENERGY, INC., the corporation that executed the foregoing instrument. and acknowledged the said Instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said Instrument. GIVEN under my hand and official seal this (':l'f/1 day of l::>2'<£1"\15Gg , 2004. u,) ~-' < h '!'b::s-.1:. .,...J,,__, Printame W~'it!i: ,_oRogJ ~jle"tr./..G/2.. Notary Public In and for the State of Washington, Residing at is..-Lu."Vulf" My commission expires ~/,s; /o/, STAT O WASHIN11} }SS COLIN F KING } ay of ~---,..----,....-,-IJ-.'<r.A written. 20041220001100.009 ,.... ' . / ,-. Cl " ' ~ ~ 0:: !; ("' \..._,.l ·, THE NORTH 515 FEET IN THE NE~ OF THE I SE 4-, SECTION 2~, Tc3N, RSE,Wl'IL .··,:·.····:·/,::-< .. ? JULY, 1950 SCALE IOOFEET TO\ INCH V. H. DONALOSO N CIVIL E NG\t,j£ER . ', J I ',, ',, 1,,, _,.-:-· ....... : >-r~~-·-· ... :> ' ', ~-·: ' ', . ~mm (A"'"'"""',,,) l: l )·,"· "AmD (AmO """' ••L~',,' ',,',,, • ~,Ji!•• .... >:., N 89° lfo' 3i!" £. t3Z'3,0S' ', '~ ,";'·. ·. ··,·.·.: .. <() " Q ~ I J.30,0' t.:>u.u \ ·,.:,c~.1:z:. ,'~.. -~·If""~ .· .... "" ,.. ', ', e',;··... ~q' . ·,v ·<·.. . ' ,.,· ·. ·: ·:.· '· ~ • -I O " .·... I , : ., -;.. ... i.;., ... ., .... ..... • • ,, .,.•"":) is-• ~ Sj '"> () Cl . '··.,. '; '_;' ~ VII .... ->. 1~1 3 o/ '"' l ... ·:. ::.';\l..,;: ···.... .., I ~ '.., ·: ',·. ~"T ':'··e ~ ' ~' ~: . ..._ ,:.":_:"···· °'1~·-·.·..... ·:· ..... t: :./ ~ \>,,, -:: .. ~.) 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J t,.... •• ~ '·. • -•• , • • ; , :. --' , ., _. • • • • • ' , : ' .,, f--/44. 90 f2.,._'.l_ 121.<d.LJ 0 .. ;· • ..-. /44P1 ,. l_j~g.o :: .... , .. , . · , ... , ._..J. ___ , _ 312 . .,r;;. ... _;<i; "-.; ':....I ~9t.S3 ·.; ... +.~: ~-; ··.·.·.··._. 2:02 .32\... · I ,.:· ..::c2.32 ;::.,,.2..1..x, :: l z·11.3J' .. ·· ··.t;! ... ""I"' J'l"/\9 .. -. " . . N-j , ...._ \0 "' -::· O •·.... · .... ,. 0 .·:,. 1.. ••• • •• • • ··.·.. ' ~ "> '? ' ·· .... L-i ..... ,,. ····011·:.c· V . ·. ·.,~ .... ·.·-· ... 6 ·:.. J;,' ."'/ .. ,. ,,_, S lo f •'",J -.·.. N 8 1\1 7 :: •',• "I •' · .. . . ····N ..._ 1 , " . I ~. ., , . --·'1<1 .. ·.-. , , ll'/ ·,,•1 ···.·.·,·.·.... : ........... --. ...... ·..... -~.. ···,:. ... _._. · .. ' J~ 352..,4 r-·J.:" .. ·.'. 2.c,6 . .3> •.. J 2,.2.32 ,~J.~:, ·:. .·.--.· 2/.~.:,6 ... ,. · . • . . I ·.. .. • , • .. VNPLATTf"D .. · : ,f' .... .. 5£ /6~/Ji 5 T ,.,,. ,,... ··.. .. :;i , . .:·~ -------·.~·---r,/a~~6' JZ"E ---··· •:··.... ",·.... --,,~~.--· -~ r · ·-·: ,. .,.. .::· O{:.DICA'T-.(ON ....... ·. :· ···-. t:·' P 1 AT"-{:O . · · ·· ·· " -;. '·._ f"\'NOW ALL IV\1c.N)~Y fHE:st· . .,l:'RESEi;~,s lh•tfic,thc undersi~ocdllw~ fee c.,.,,ple ~, The I~'"' lie«ilo)" ... Plq1td, '°"4!'""' d..::~'.iireThi•. p\.rl qfl<!: . .ie,(.,.<'.'t, 1'ne U~~ ot t~e public. ,tot-ever.l d\i· .. .i:,l_rects ~i:f-· ... <:J~<..'lfl!J.CS .show~ iher~G-~;-)t~.1~ U .. -.. -.. t , , I• L,' • • • l ::.-••• DES _(: .. R''·t·,Jc> TIO,~ ··,. '•:. _JI THE NORTH 515 FEET IN THE NE< OF THE SE~, SECTION 2,, T Z3 N, R SE, WM. JULY, 1950 SCALE 100 FEET TO l INCH .f . . .. ~~~_,S?,::~_·_,{/T'1.q.~5 ··., .. ,, ..... Alt 1oh ,., nos Pia.\ aw;:e rct.i'rn:1c.~ lo ft .. l .. R.:side!tCc 'A:iC. No /of or porlion ol a. lot sho.ll'·(!.c di..iilicd .4,..;: :.cll.i or0 "i~aU.::\,~ O"""'cuhip chGn9e-J orlra,.sfcrrd wh'jtteby 1nc"\11'/1{1_cr~hip O(.~~y por1i~., ,.,f tni~ ll'i'I sha.ll be \el..<, 11-i,,. ... ~.oei:p,._,sr, ft,. fnr R-"t.·.-.tJ~c, a,,J i;;o kct ih wi<:1111 a11J :.ubjcc.1 furthet· to 1"~ prB\l\'ti~."'~ of K'"N>.j Cou11ft !{<:~. 1'h 11:~?..-: a,,d subu41uc ... 1 o""e"'d~i!~-~ 1licrcto •.. All Jots"\it.ic.ept ~.4.7 .. ~d o Blk..Na. l approvr:~ for Scp~k"Ta'V1k-.s,.Jwirtall~. 111~(.or&a1-1c.c l.J°1i'n . spc~ifi~t,:t1V15 af K\~'J Co,m1y R"~~·H, Ot!'~rfrtic,ii n,. above !of.., rc'l.u1rc md,v,duot apprpvo/ ~-}~c l-icaJlh'Deporlmeri+. V. H. DONAL OS ON ,.,,-, ,·,{i"i ., . cJ 0-... "- '-Cl -- r-4--<(:) ,j (]'-. '-\l I - ("', ff---. () ) rt-I °' LEGAL DESCRIPTION AU. CF LOTS J N<O 4: Ela:EPT Tl-E EAST -40 FEET CF Tl-€ t<Rn-t ~ FEET n-£i£CF: LOT ?; EXCEPT Tl-£ EAST 75 FE£T Tt-ERECF. hl'O LOT 8: EXCEPT TH; \£ST 1lE FEET Tl-£RE!F. ,U IN a.o::x 2 GUN TRACTS n.KER a,,E ...a::m:m..G TO Tl-E Pl.,\ T Tl-ExECf" REa:R:E0 IN VQ..u,£ 48 CF R..A TS. Pt,G:: L ~ Klt>G CCl...NTY. ~TCJ'l I· BASIS OF BEARING: NB9'l032"E EAST h!EST CENTERL.11\E CF SEC11GI .2!i To.t'61JF' 23 N:Rni fW.CE_ 5 EAST. WJo\ KJl,G CD.MY.~ I TH5 IS A RETRn::E1'£NT CF' RE1XRJ CF 51.RVEY AS~ I.KER AF.• 740438492. REcnn; CF KN:i CD..NTY, WA. I lHS 9.J'i'VE'I' ""5 PE1RR"£D B'f FE.Cl I TRl,\£RSE "1H 1rE fltOil. ~TS ~CRS~~~ == LEGEND • IE>OTES l'O. • 2.f" liiEEL'.lt 141H DI' LSDSI @ lll<rlES It• 5' CIIIC IOI WITH ESW!Ef n.o J. PU£:E f IEN:lTD £XlSTN:i, roa: EQUIPMENT USED: NtKO..i TCP Q.N WlHa< 3a N:lTEcn-e!YrCF~~11,£~UG »,o;c,, an, aH<ER5 .-$ NlBQD CN..J. 11,< U€S JJJo0 I CRaREJl!iCF~MY CR ...,y l'D1' IE o&IEEDm. RECOROJl'G CERTIFICATE ·--···- RETRACEMENT SURVEY FOR PUGET WESTERN, INC. SE 1/4 SEC29-TWP23N-R5E, W.M. ~ ""' """"' 113 A"£ SE I ,,_., """"" i I I I I ""=~ 2 .o! 3 4 LT 1 I s I L___..,__ cJ "" """' S29-~W.H. ""''°""" !ti A\/E SE I """"" """"" 12 1;;; • ~ !l ""'""""' IIJ~~SEI ~ . ~--1&1532£ musouo n .. .u .• ua}l.-.u. ----5£ &TH Sf !Bl!M VF"8::IC&BZZI """',un ''"''""" no..,., 9707319017 i lG'/9a., ~~WI'\ "" '°°""' 11811\IESEI SE 11'1m1 ST """"' GAAACEO~T C£TAL AT Nol aHDI ..... ,.,"' """""" IJ'"pqp~ • oo,m; °"""' "'"""' =" f GR/\PHIC SC/\LE .. ll!l.:. ·" "' '""" I ltoi • 1111 l'EET Fl.EDFO!liE:rlll11Y,o.,.,,,,z;.-..,_,AS!ilJ:.'111S __ Q<yr,c-ri __ "ll,,ll~ • ----C, .._....°".._ --- ~ C, CD.NIY. "'8flrnN -..,..._ CF ,a:fijg 51..RVEYOR"S CERTIFICATE lla-i:tl'RrTL.flEPRE!l!Nl'iARJNEl'"*.cE ..... IJIUQJI"' ORl;TD,t1a»tJlitwC:li:"""Tlt:~fJ'l>t:~ -,a~• 1'C IEU:P r:, flCie:T 1-ESTEFH l't: -It,~·~ X • ..,,_ ,y i!t R, ..,.... ~ L.ilOSI •1-..._....,c:,-GARYO.l-ll.11VJG • HOLM VIG, W ASELL AND AS50CIA TES . LAND SURVSTINQ / PLANNING / &N01NB1tR1HQ SUPPORT w "0"°"--CCI....E~.~---~3 I ~~·11: ··trtttetrWtt-.,,n m wt¥ii-te:rtf,~~~,..,i;.;;;.i,.,~ es··7J,~ . ~ l ,,.. .• "f. ·, .. = ~ "' iii o! I I ,J .5 Ii! 0 ta -.- I -) --) WHEN RECORDED RETURN TO: Pugel Sound Energy. Inc. P. 0. Box 97034 0BC-11N Bellevue, WA 98009-9734 Attn.: Mr. Wayne Breuler AGRl!l!l\1ENT AND EASEl!IJENT FOR UTILITIES Grantor(s): Pugel Sound Energy, Inc. Granlee(a): Pugel Weslem, Inc. Abbtevialed legal: Pino! Loi B or KCBLA #l98l0073, A.F, #9810219010. Full legal De,cr!pUon on page: 4. A9sessofs Tax Parcel Numbe~s1: 289260-0040. FILED BY PNWT 5/~~?>7 2 THIS AGREEMENT made this~ day of ,d A 0; 1 L , 1999. between PUGET SOUND ENERGY, INC., a Washinglon corporalion ("PSE" hefeinJ, and lhe PUGET\11/ESTERN, INC. a Washington corporation rarantee" herein): Ix\\ \ \NHEREAS, Grantee requires an easement for utilllles across property at a location mora speciftcally described herein below; NOW THEREFORE, in consideraUon of Ten and No/100 Dona" ($10.00) and olher good and valuable consideration in hand paid receipt of which i1 hereby acknowledged, and in comOOeratlon of the performance by Grantee of the covenants, terms and conditions hereinafter set forth. PSE hereby conveys and quitclaims to Grantee the following easement A. A nonexclusive easement across. along, in. upon and under that portion of PSE's property desert~ as touows: SEE ATI-'CHED ExHIBIT "A0 1 • ATTACHED HERETO AHD BY THIS REFERENCE MA.OE A PART HEREOF. Said easement is tor the purpose of Installing, constructing, operating, maintaining, removing, repairing, replacing and using utilltfes (including but not frmited to samtary s~er, stonn sewer and water purposes), and appunenances rtiereto (herein the "Improvements·), together with the nonexdusive righL of ingress to and egre&& from said portion of PSE's property for the foregoing purposes. Said easement benefits Grantees property deacribed as Exhibll • A-2" allachad haralo and by lhia reference made a part hereof The terms "Easement" and ~Easement Area" in t111s inslrument refer to the easement on the above described property. This easemenl is granted subject to and conditioned upon the following terms. condltlons and covenants whieh Grantee hereby promises to faithfully and fully observe and perform. 1. Cost of Construction end Maintenance. Grantae shall bear and prompUy pay all costa and expenses of construction and maintenance of the Improvements. 2. ComPUanca With Laws and Buie&, The Grantee &halt construct, maintain and uaa the Improvements In accordance with the requirements of PSE and any statute, order. rule or regulation of any public authOrity having jurisdiction. 3. Use of the Prooeav BY ese. Grantee's rights herein shall at all times be subOrdinate to such rights of PSE. PSE resarves lhe righl lo u"' lhe Easemenl Alea for any and all purposes wfllch would not unreasonably interfere with Grantee's rights under thia Easement 4. Reauir&d Pnot Notice and ADPCPYal of Plana end §RMiflGB1i90f:. Prior ta any altanltXlna, replacement ot removal of the Improvements or any other ma.tor activity by Grantee on PSE's property, Grantee shall give PSE written notice !hereof togelher With preliminary plans and apeclfications for the same 81 leaal lhnee (3)-• poor lo lhe scheduled commencemenl of suCII actiYily. PBE lllal1 have Iha ngnt lo requite itl8t suet, plans and specifications be modified. revised or c1llerWise changed lo the ment that the final plans and 1pecmcati0n1 therefor shell include prcvision1 for the prevention of hazardous bmt·Ulltilies.OOC .,. = 0 j 0 ~ conditions. No such activity shall be commenced without PSE's prior wlitten approval of the plans and specifica11ons -and au changes or amendmenls thereto, which approval shaU not be unreaionably withheld. Notwl1hslandlng Iha forogolng, in the event of any emergency requlnng immediate action by Grantae lor protactlon of Iha lmprovamenta, pen,oos or property, Grantae may lal<a such action upon such notice lo PSE as is reasonable under the circumstances. Nothing herein shall be deemed 10 impose any duty or obligJ:bon on PSE to detemine the adequacy or sufflciency of lhe Grantee's plans ancl speciftcatton, or to ascertain whether Granlee'& construction ~ in conlonnance with the plans and speolflcations approved by PSE. 5. At-Built SUlY@Y, Upon PSE's request Grantee shall promptly provide PSE with as-built drawings and survey showing the locallon snd elevations '1f the Improvements on PSE's p,operty. 6. Grantee's Use and Actlvltiep. Grantee shall exercise its rights under this Agreement so as 10 minimize and avoid, insofar aa pouible, inlerterence with the vse by PSE of ita propeny and shall at all limes conduct Its acttvtties on the Easement Area so a1 not to inteffere with, obstruct o, endanger PSE'a operations or facilitiea. Grantee shall instaU the Improvements and conduct any other of ill aubstantial ac11vities on PSE's property as may bs communiCated to Grantee by PSE for the purpose of protecting PSE's facilitiea and preventing hazardous condibons. 7. CoorcUnatioo of~. Grantee shall give at least twenty (20) days advance written notice ot the proposed dates of its construction, repair and maintenance acUvlties on PSE's property. Grantee shall cooperate in the revision of tuch dates and/or the coordination of its activities with those of PSE's if deemed necessary by PSE to minimize conflicts, insure protecUon to each party's facllities or prevent hezardoua conditions. Provided, however, that in the event of an emergency requftlng lmmedlate action by Grantee for the protection of Its facilities or other persons or property, Grantee may take action upon such notice to PSE as its n,asonable under lhe circumstances. 8. WOrk Standards. An work to be performed by Grantee on PSE's property shall be In accordance with the plans and speclftcalions submitted to and approved by PSE and shall be completed ,n a careful and workmanlike manner 10 PSE's satisfacUon, free of claims or lien&; however, nothing herein shall be deemed to impose a duty or obligation on PSE with respect to the sufficiency thereof. 1./v'\thout limitation to tt,e fontg<Hng, Grantee shall exercise the utmost cauuon when conducting it, acifvltlea In the vicinity of any energized power lines in order to prevent eny contact therewith. Upon complatioo of such work Grantee shall remove all debris and restore the ground surface and landscaping as nearty as possible to th8 condition in which It was at the commencement of sucn work, and shad replace any property comer monuments which were disturbed or destroyed during construction. Grantee shall elao pay lo PSE all of PSE's costs necesaary to re-establish destroyed survey references and hubs established by PSE In conJunction with any survey for new facilities on PSE's property. 9. Chances and Repairs to PSE'& Facmve,. Grantee shall promptty pay to PSE the cost of any relocation. alteration. restoration and other changes or repairs lo PSE's facilities which PSE shall reasonably deem necessary by reason of the construction. use and maintenance of the Improvements or other activlttes of Grantee on PSE's property For the purpose of lhia paragraph. •costs· shall be defined aa all direct or auignable costs of materials, labor and services including overhead, in accordance with charges for llansportatiOn of men. material. and equipment. storage expense of material and rental of equipment. 10. Termination for Cusatlon pf Use In the event Grantee ceases to use the Improvements for a period of ftve (5) successive years, th!S Agreement and all Grantee's rights hereunder shall terminate and revert to PSE. 11. Release pf Improvement& on Te,mination. No termination or this Agreement shall release Grantee from any liability or obhgation wtth respect to any matter occumng prior to such termination, nor shall such termination rek3ase Grantee from its obligation and liability to remove the Improvements from PSE's property and restore the ground. 12. Removal of tmprovementson ren:mnatlQn. Upon any tennination of th:s Agreement, Grantee shalt promptly remove from the Easement Area the Improvements and reatore the ground to the condition now existing or, in Iha alternative. take such other mutually agreeable measures to minimize the impact of the Improvements on PS E's property. Such wofi<, removal and restoration shall be done at the sole cost and expense of Granlff and in a manner satltfactory to PSE. In case '1f hlilure of Grantee to so remove Ule lmprovementa, restore the ground or take euch other mutually agraed upon meaaures, PSE may, after reasonable notial to Grantee, remove the Improvement&, restore the ground or take such measures at the expenaea of Grantee. and Puget shan not be ltable therefor. 13. RelePM and tndemnity Grantee does hereby release, Indemnify and promile to defend and aave harmllln PSE from anct against any ano all liability, k>u, coat. damage. expense, actions and claims, including costs and r-attorney's tee, incur,ed by PSE In delense lhlrelora, auerted ar arising directty or Indirectly on account of or out of (1) acts or omtSliOna of Grantee and Grantee'& Eam1-Ut1Ut1t1.D0C .,. = D ' oeivants, agenta, employees, and contractors In the exercl9e ol lhe rights granled herein, or (2) acts and omissions of PSE In Its u<e ol lhe property whlcl1 all9ct Granle<l's employ-. agenls, contractors, and other partieS benefiting from said lmprovemenll; provided, however, this paragraph does nol purport lo Indemnify PSE against liability for damages ansing out ol bodily in)ul'f 10 persona or damage lo property caused by or re,ulllng from the sole negligence of PSE or PSE's agent& or employees. 14. Jnsuraoce. Prior to Grantee's construction activities or other substanlial ectiYtties on PSE's property under the rights provided herein, Granlse shall submit to PSE evidenoe thal Grantee or Granle<l'a conlrlletors haS obtained general liability coverage (Including broad form contractual liabifrty coverage) selisfactory lo PSE with limils no less than the lollOWing: Bodily lnJul'f Uabllily, Including eutomobite bodily inJul'f liabilty Propeny Damage Uabllily, including automobile property demage liabillly $1,000,000.00 each ocamence $1,000,000.00 each occurrence Said coverage shall be maintained by Granlee or Grantee's contractors during lhe period when such activities lake place. 15. Im!, The rights granled herein are subject to permtts, leases. lieenses and easements, if any. heretofore granted by PSE affecllng Hle property subjer,t to this Agreement PSE does not warrant liUe to Its property and shell not be I~ for defects thereto or failure thereof. 18. tl2!!!,n. Unlmls otherwlee provided hereil, notices required to be in writing unoar thi> Agreement shall be given as foUows: lltoPSE: Puget Sound Energy P. 0. Box 97034 0BC-11N Bellevue, WA 98009-9734 If to Grantee. Puget Western. Inc. 19515 Northcreek Parkway. SUite 310 Bolhell. WA 98011 Notices shall be deemad effective. if malled, upon tne second day follOwed deposit thereof in the United States Mail, postage prepaid, certified or registered mail. return receipt requeated, or upon delivery thereof if otherwise given. Either party may change the address to which nottC8S may be given by grving notice es above provided. 17. Successors. The right& and obligations of the parties &hall Inure to the benefit of and be binding upon their respective successors and as519ns 18. ~. In the event of any assignment of the rights hereunder. the liability of Grantee and ils assignees shall be )Dint and several. EXECUTED a& of the date hereinabove set forth. ACCEPTED: PUGET SOUND ENERGY PUGET WESTERN, INC. By /di~ Its: Preskienl STATE OF WASHINGTON I I •• COUNn" OF KING I On this ;z!!! day of Alf'R IL. . 1999. before me. the under&,gned peraonally appeared R S. MeNulty, to nx, known lo be the D,reetor-Corporale Faclh1'01 of PUGET SOUND ENERGY, INC .. the corporallon lhal exaculed the foregoing instrumenl, and acknowte<lged said lnslrumen1 to be the free and voluntary act and deed corporation, for the uses and purposes therein mentioned, and on oath stated lha1 lie is lhe sald lns1nlmenl. herelO affixed the day and year above wrttten. u,) ~I!&:<),. .... le • E1mt·Utilit1UD0C .:,. • = \ D D ---) AGREEMENT AND EASEMENT FOR UTILITIES PUGET SOUND ENERGY INC. TO PUGET WESTERN INC EXHIBIT "A·1" {Easement Area} ---) The westerly Moon {15) feet of the Southerly 150 feet of Lot B, King County 8oundary Uno AdJuatmenl Number L98L0073, recorded under King County Reeordlng Number 9810219010, said boundary line adju>tmenl being o portion of the fellowing deacflbed prof)0!1y: All of Lota 3 and 4; EXCEPT the ... 1 40 feet of the north 200 foot lhereot Lot 7: EXCEPT the east 75 feet thereof, and LDl 8: EXCEPT the west 185 feet thereof, aR in Block 2, Green Tracts Number One. according to the plat thereof recorded' In VOiume 48 ... , Pults. page 1, in King County, Wsshington. EXHIBIT"A-2" {Grenloa·a Property} Lot A, Klng County Boundary line Adjustment Number L98L0073, recorded under King County Recording Number 9810219010, aaid boundary line adjustment being a portion of the foOowing described property: All of Lota 3 and 4: EXCEPT the east 40 feet of the nonh 200 feet Ulereof; Lot 7: EXCEPT lhe east 75 feet thereof, and Lot 8: EXCEPT the west 185 feet thereof. au in Block 2. Green Tracts Number One, according to the piat thereof recorded in Volume 48 of Plats. page 1. in King County. Washington. Eam1-U1ilitiu.DOC .•. . .,, .. ' FIRST MUTUAL BANK 400. 1081h Avenue N.E. Bellevue, WA 98004 Return Address: First Mutual Bank Business Banking Attn.: Elaine Cornell 400-108'' Ave. N.E. Bellevue, WA 98009 Document Title(s): Reference Number(s): --) 20061229000632.001 1111111111111111 20061229000632 PACIFIC NU TIT ACT 14.99 PAGEOOI OF 003 12/29/2098 10:30 KING COUNTY, UA COVERSHEET Assignment of Deed of Trust This Assignment of Deed of Trust refers to a Deed of Trust recorded under King County Recording Number 20040524002063. Parties to this Assigrunent of Deed of Trust: Granter: Grantee: Abbreviated Legal: Michael R Mastro First Mutual Bank Ptn. Lots 3-4 & 7-8, Block 2, Green Tracts No.I, V48/Pl Assessor's Tax Parcel ID#: 289260-0038-00 r. , ' ' ~) -,,, %006 I 229000632.002 ASSIGNMENT OF DEED OF TRUST For value received, the undersigned as Beneficiary, hereby ~ts, conveys. assigns and transfers to First Mutual Bank, whose address is 400 -108 1 Ave. N .E., Bellevue, WA 98009, all beneficial interest under that certain Deed of Trust dated January 30, 2002, and recorded cin May 24, 2004 under Recording No. 20040524002063, among John Mastandrea, a single man ("Grantor'') and Michael R. Mastro, a married man for his separate estate C'Beneficiary"), wherein PACIFIC NORTHWEST TITLE COMPANY, a corporation, whose address is 215 Columbia Street, Seattle, WA 98104 ("Trustee"), Records of King County, Washington, describing land therein as: SEE EXHIBIT "A" FOR LEGAL DESCRIPTION A TT ACHED HERETO AND MADE AP ART HEREOF. Together with note or notes therein described or referred to, the money due and to become due thereon, with interest, and all rights accrued or to accrue under said Deed of Trust Date this 26~ day of December, 2006 11:A,£ STATE OF WA~ ) ss. COUNTY OF ) THIS JS TO CERTIFY that on this fl day of ~ , 2006, before me, a Notary public in and for the State of Washington, duly commissioned and sworn, came Michael R. Ma:itro, pcrsona11y known to me or having presented satisfactory evidence to be the individual(s} described in and who executed the within instrument, and acknowledged that he/she signed the same as their free arid voluntary act and deed, fort.~ s and purposes therein mentioned. WJTNESSMYH ,, ,.. ' I ·-· .. --) EXH!Bil_11A11 Lot A, King County Boundary Line Adjustment Nwnber L9BL0073, recorded under King County Recording Number 961021~010, said boundary line adjustment being a portion of the following described property: All of Lots 3 and 4: EXCEPT the east 40 feet of the north 200 feet thereof; Lot 7; EXCEPT the east 75 feet thereof, and Lot 8; EXCEPT the west 185 feet thereof, all in Block 2, Green Tracts Number One, according to the plat thereof recorded in Volume 48 of Plats, page 1, in King County, ~ashington. 20061229000632.003 r ·' .{ .: Whe}1 Fieporded Return To: PuU:t.~o~~~ E~ergy Cclrporate.f'aciJl6es Department P.'.0 • .-Sox 97034 PSE-108 .. Bellevut','wi°, 98009-9734 At\t'l: WBreSsler .= REFERENCE#: Bo'Z.L I l<I' 0 I GRANTOR: ~9!!': Sound Energy, Inc. GRANTEE: JOhn·Mastendrea ffllllllilllllll!I 20041220001100 it=, OF Ill AG 41!.lf 1uzl1~• 11:u KING COUNTV , 11A LEGAL DESCRIPTION: SE 2~23-5 ,. ASSESSOR'S PROP~~TY TAX PARCEL: 2S9260-004Q,. . . /THIS:;'~GF,i~EM~NT made this z4U! day of ft!& \\lP'I, ~~.P~o.~ SOUND ENE~GY, lNC., a Was.f'lington corporation ("PSE" herein), and JOHN MASTENDREA, a single person ("Ml')STE~R'=;A" ~In~ ....... ,, .. ,, . .. :.. ~Hs.REAS;'PS~ la the ~er of a parcel of land known as Rolling Huts Sufu.uui~n described as foll~: ' ., '\ot..f!,,Kl'~g Cou?' B~ndiry ~lf'Adj_ustment number L98l0073, recorded under King County Recording num~9810_2190JO{' ·:.: WHEREAS:':.such"p&rcelot' tand,,fs)1rufint1y,ciwned and occupied by PSE In connection with PSE's electric utlM~ opera,tl61')S, (s•ld i>ttcet ... b".:/l'1g'·'!ere&fter referred to as 'PSE's Property"); WHEREAS, M~"sr~No~EA~eslres ~,·,~~a-~nt Osemenl and temporary construction easement tor a storm sewer across P~.~ Pro~~ a tocalidn more speclflcally described herein below; WHEREAS, MASTEND~EA. PSE:~rld.k.lN~ CO~~ rui:~·executtld a document tltlod 'LETTER OF UNDERSTANDING FO~ c;dvENANTS OF Rd LUNG .P:Ull.S TOWNSITES BElWEEN PUGET SOUND ENERGY, JOHN MA5TENDREA.i"ANO KING COUNTY FOR ATIACHMENTTO AGREEMENT TO EASEMENT FOR STORfvt_WATER" a~ Is. Stta~ he~as.,ADDENDUM A and by this reference Incorporated herein; ·:.. .... .'" ; / ;: · "··. NOW THEREFORE, in consldenilion Of'T~ Dollari (S10.oo{anc:i'OD:ler gcfuci and valuable consideration In hand paid receipt of which ls hereby·ac1mowlBQged, and In CQnsld1rat[o1n,f. lhe performance by MASTENDREA of the covenants, terms a(ld cPndiU()ns l'ierelnatt81' 11e't forth,' F'SE hereby conveys and qultclalms to MASTEN OREA the followlng: ·-· : · ' ·· ·· · A. A r'IOl1exclusive perpetual easement and temporary ~.trpctlo{' eaS:~ent OVef, 9C!'01S. ···\· along, In, upon and under lhoae portions of PS E's Property descrlbecf"\n Exhibit ·A· attached h•etO a~/··. by this reference made a part hereof tor the purposes of lnsta~llo 000,,iio,og, ...,,.u,g,'·"'-.. 1.,.·1ng;· removing, repairing, replacing and using one twelve (12) inch d terse· e.il:I -~: · , ... ,ewer J:>IP4!)lr:t.';I and appurtenancos lhereto (herein the "lmpro11ements•), · ~-n.t."°\ ~. : .. : \ \ .... -·l-cl'(. . / _: ." ." The terms "Easement' and "Easement Area• In lhis men! refer to th ·wn:ianent eaaemffll, : '\ lemporery construction easement and consent herein granted on PS E's Property. ·• ·· ;· .. ' _,: ;: This Agreement Is granted subject lo and cond!Uoned upon the following terms, ~~ij~~~e '!,id covenanta which MASTENDREA hereby promises to falthfully and fully observe and perform. ·· / ·~. "< •, / 1. Coat of Censtructl2n and Malnt1n1ncP. MASTENDREA shall bear and promptly pay .811 co,ts and expenses of construction and maint11nance of the Improvements. MASTENDREA shall bear ,.:and l)l'OITI.ptly pay all costs and expenses attrlbutable to the MASTENDREA'1 construct!On of Its ' Improvement,; on PSE'1 Property. i / 2./.,,.··.·. ComeUanst with Lawa and Ruin, MASTENDREA lhalt construct, maintain and use / thci Improvements In accordal'ICII with t/'le requirements of PSE, the National Bectrlc Safety Code and any •·, .... ~··· _1tat~e, ~-~r, rul~ or regulation of any public authority having Jurltdlcllon. / . . . 3, ~ ti11 ef PIC'I p,a91rty by p3g, MASTENDREA's rights hetaln shall at all times be s~bord1nate'to SUCh-iighll of·PSE as ar,:.l'l!'Cfll,satY to preserve and maintain the capabUille1 of PSE'1 Property to'be iJSett for utlJlty Purpolet, andpothlng herein contained shaU prevent or preclude PSE from Underlaklrig coi,,1ructlo01-,inatallatlon·'and u,e of any utlllty facnmea within PSE'1 Property. PSE shall not ·bc:i liable to MASTENdR~ or.lo "1ASfENDREA'' employees, agents, or to any other party benoflUng frrim said lmsircive~nts;.for !Os~ or lnJUI:)' "rn1,11ting·1rom any damage or deatrucUon of the Improvements, except (o the e.i<tenl caui"ed by the negllg8n_ai of P5e,.Jta officers, employees, agents or llcensees . .. , .-:· :,. \ / .!" J /;; -: ... ,./ i ··,., 4. Regulfid Ptl~r NotlctfaiJd AeeaMlt cjf etln, and SP1ciflcnUon1, Prior to any instaUation, alteration, rflQUtcerrent or rll'moval oQho tmp"rovements or any other major activity by MASTENDREA ol'l,PS~'' Property/MASfEND~'·shall give PSE wntten notice thereof together with preliminary plans an(f5peclfl_C8tiona for ttie ~8 ~t least thirty (30) daya prior to the scheduled commencement of such ac\Mty._:"PSE ,-hall !:18v-.the fight to require that auch plans and apedflcaUons be modified, revised OI" o~e c!iang~ to ttie ~entJhal,the·{tn~I plans ari'd-4pociflcallona therefor shall lndude provisions for the prnta¢1on of PSE.'a f~IUes, µ,e prev8{ltlon of hazardous conditions and minimum Interruption to PSE's utlllty Ope~tloM. Ni:i $llCh actlvlty .• haU be.CQfflmenced without PSE'a prior written approval of the plans end 1pitciflC8tloff8 th~i-efor end·liJI chinoee.o'r imendments lherato, which approval shall not be unreasonably wltfi.li"eld/ Notwtt_h1tar}ijlng·theJon,golng, In the event of any emergency requiring Immediate action by t,!AST_ENDR~ for pt'O~cl!cn of tho Improvements, persons or property, MASTENDREA may take such actk:lrt Upon SUC:h notice to. !'>SE.as ir,.tea110.nabte under the circumstanc~~".:.,. · ,, f:. \...{:·.:... /' ./ ./ '' .... \, /:,) Not~ng her~ln shall be deemed to impose any duty oi·o~lga,ori on'P~E IQ. dei'!'rml~li th~ adequacy or sufflcienty of MASTENOREA'a plans ancj,,~fl~,Uons{or .to Bli~Bln ~elh~ .: MASTENDREA'a construction !a In conformance with thii'~tma.and.ilpedflcalloriS"&pprnved by PSE. < ~ • ' ' .5: / Alt-eu,is 9yryoy, Upon PSE'a request. MAS'Te~OREfA .~aii~mp.4, pf~vlde PSE with aa-bui~,-ifrawirigs and s~ey showing the location and elevations of th~'lmt,coveme~ qn PSE'a Property. /. 8. ,./ Mit.ST.NPBEA'P Upp end ActlxltJpn, MASTENDRE,('shaU·txe~;it1 rights under this Agreemeni ·so aSto mlnlml.ia.l)nd avoid, Insofar as posalble, Interference wlth"lhe-0us.e by PSE of PSE's Property for utll!IY pu~ and-s,ha11 at all time, conduct lts activities on the Eaaam.Ont Area so ae not to lntsrlare wit~_ •. (lb$~.tlf anda~. PSE'• operations or facllitlel. MASTENDREA ~all,tnstan the 1m·t,r!)Vements and. ~uct any (llher of lta subatantlal activities on PSE'e Property aS:may be com!lWnlcated to,MASTE_WOREA by PSE for the purpose of protecting PSE's fac!lltles, preventing hazard~, con~itlons a~ ml1mlzl{lg ~~,terruptions to PSE's utDity operallons. 7. c99m,D,tlan pf ·¥1vts1u. MASTENDREA Shall give at least 30 days advance written notice of the proposed dates of i1a _conat!UCl:lon, "repa!r and maintenance acUvltlea on PS E's Property to PSE's Coordinator of.,SubstaUqt'l Qf Ma!fit&r$nctt, Dave.Kramer located In Bellavue al the General Office complex at <425-456-2'146 or ~i' ()ffu:e of PSE-as'PSf: may from llme to time designate. MASTEN OREA shall COO'per'8te In the revialon·ot Such dateund/OI" the coordination of Ila activities with those of PSE's If deemed nec~.ary by ~:3E to minimize ccinfik;ta, insure protection to each parties facilltles, prevent hazardous condltfone;·or rninlmlze lnterruptlo_n of:PSE's operations. Provided, however, that In the event of an emergency'(:lltqU[ring.lmniodlale adlon by MA5T.ENDREA for the proteclion of Its Improvements or other persons or tin;Jper:w'. MASTEND~EA_!nay'ta~:.~ action upon aueh notice to PSE as Is reasonable under the cirCl.lriit.ta~. · · · ·'.. 8. Wortc 9blQdlrdD· All work t~. be ~rt~·rmid ~ MA'S'rliCND~E.rCin_.PSE'a Property shall be designed and cornitructed 10 as to wlthstand.the',ix,n&Jquenceii of iiny short cirCIJII of any of PSE'a eJoctric facillUes now or hereafter Installed on Ps~·a·.Properly. Alt wo,k to ~-~armed by MASTENDREA on PSE's Property ahan aleo be In Dccordance With ttte pl8n1 and specifications submitted to and ll?l)l"OVed by PSE and shell be completed ln a C8ref1.1I and workmaiillkii"matmedo PSE'e satisfaction, free of cialms or llena; however, nothing herelit-,hiiJI be·deemed'to 1,:npoae a duty or obligation on PSE with respect to Iha sufficiency thereof. Wlthoul !.frnltatlon lo the forflOl;lll'IQ. ;, .:·,· .. MASTEN OREA shall exerclee the uunoal caution when conducUnQJta:BCtlvltla1.,ln·lhe vlOl!ilfl/ of.jlny or .... PSE'a energized ullllty lines In order to prevent any contacl therewith,:: Upo'n compleU1;ir..~fsucH·v.:ork ,"'· MASTENDREA shall remove all debrla and restore lhe ground surface al·~y;as l)Osslbl_e t1fthe condition In which II waa at Iha commencement of such work, and shall rtiplace any proRJrty¢oriier monument, which were disturbed or destroyed during construction. MASTENDPU:A i:tlall·ijlso pay _tO~e au of PSE's costs necessary to 11Mt1labll1h destroyed survey references and hub• eatabllshed'by !,)SE In conjunction with any survey for nM facllltloa on PSE'1 Property. \, ,,, .. ~···" .. :· _:· / o. Chnneu and Btenfm to ese:n FncllWu, MASTEN OREA shall promptly pay to ~Se the ~~t / of eny relocatlon, alteraUon, reatoraUon and other changes or repairs to PSE'a facllltlea whlcl\ PSE shall .:· reasonably deem necaaaary by reason of the construction, use and maintenance of the Jmprci\ftlmerita or· t. other acttvitles of MASTEN OREA on PSE's Property. Jf PSE so requests, MASTENOREA shall provide ~surance of payment aaUsfactory to PSE prior to PS E's commencement of such work. PSE shall , eccorripllsh such changes or repairs, subject to the availabil!ty of labor and materlals. : 10. ~. MASTENDREA shall design, construct, maintain and use its lmprovementa in sud! f8Sh~.as to permit reasonable and continuous access along PSE's Property in all directions, and In svch.fashlGh as l:o accommodate and support vehicular travel over and across the Improvements, lr'lclui:llng travel b;, cranes and trucks with heavy loads. MASTENDREA shall at all times keep PS E's ... Prqpertyfl''e1:t an(clear of all obstructions and OQ1Jlpment. If requested by PSE, MASTENDREA shall · m_dke piovlslonsJor c;omtm,ied aocesa by PSE along PS E's Property during construction of the • , .•. ,/ lm~em~ts. : :_ ·: 11. .:' ~. ·~ss,tu apJ,lnt one or several PSE representatives who shall serve as inspe<:to,ri to, ovetSff-'all WOl'"k .. ·-to be 'pertQflTled b¥ MASTENDREA on PSE's Property. MASTEN OREA shall not carf'Y cin a"Y wen unled It hal..j:llven.·iluCh-notlce to PSE as may be reasonable in the clrcuml\tance9:so ~ lo .a11ow.:fot'.the pre~~,c;e of su~h ~.spector ot inspectors. MASTENOREA and MASTENDREA's CO~t~ri ahiilt Pf0":1i>-liy'and. ft,dfy cXn'i'I.P'Y with all orders and dlrecllons of PSE's inspector&, lnd1.:1dlng Without Umltatto.ri,:Cfiaatlori Ot Wbrk,:and MASTENDREA's construction contract,; shalt so provide\ MASTE;NDREA shaU p,Jlmptly 'pay PS.E's Charge for such Inspectors. 12. c9Dn!ct wish ruU:m 1nii1,u'®!JI RtesE In the event that ii should become necesS8l)' for PSE to install addition al ~ectrlc utlllfyfaclltlff'ot otherwise use PSE'.s ~roperty and If, In the sole judgment of PSE, the location, e~tellte and use of_the h:nprovements interferes with such installation or use to the extent that It Is lmii~Ucal:l(e or _&ubatantially_l'flore eXpenslve to actompllsh such installation or use, or that such Installation or use rt,ay pjjse a haia!JI because cf the !ocat~, existence or use of the Improvements. MASTENDREA aha.fl ha? the ob~lon 19-etther,}n tM,,S'TENDREA's sole discretion, (a) protect, modfy or relocate the lmpt()\/1fllent.S at the.cost~ f_xponso .. ofMASTENDREA, so as to remove the Interference or hazard to PSE's sallsfall\lonJ::ir (b) to'relml>i:Jr,8 p$E ~r Its reasonable added costs of design, construction and Installation to minim,\~ and/or.~vold such 1.nterfJrern;:a,or.,bazard. In the event PSE Intends lQ,undertake any such constructldn, PSE s~alfgive MASTEND.REA reas.onable adv.11,nce wrttten notlce-'ohuch Intention together with preUmlnary p"lans,and.spoc:lflcatlons for si::i.ch work, id_tlnttfylng the potent1a_l·interference or hazard and all design informatlon,,iel~tlng.-therefo .. ~ti'I'~ ev:ent s~'all ~ch notice and plans be te_qulred to be given more than six. ,:nori1'1s prior to ~-~U!ed com~n~ment of work.. ...-' ··-:., ,, ... -.i _:" ,/ ' ...... /' ./ j _.j.,llh!rJ'~;:;. moiith after receiving such notice from PsE; MAst.ENcRE.A:' shau""~ wr1"ften notice to PSE,by wh(ch nQ!lce MASTENDREA will elect to (a) protect, modify:.or niitJ)Cd'te th8 lm~ments, or (bl reiri,bunie PSE for 11$ said added coall. lf MASTENOREA elects t()prot&et. modify_ Of relocate the lmprO:Vemerita ii aha!I commence work promptly and dUlgently prosecute· sucl't,work to·COrrtpletlon prior to the sched~1ed d;ile of com~w.!cement of PSE's construction. If MASTENDRp' '9legts toJ>ay PSE's add.ad cotts, MASTEND:REA 1hE!II give PSE satisfactory assurance of payment.pf such c;:osts at the time ~h noticl!J of-El!ecti!)·n.is given. lf:MASTENDREA does not so elect one of the abovH!.&scribed options by giving PSE the ~Ired l'lo~ce. PSE shall be entitled to make such an election oi'l·C,half of MAST:ENDREA, MA$TENciREA at)rees that thlt election shall be binding upon MASTl:NOREA and have the saine effect ifs 1f made by.MASTEN DR.EA. If PSE so elects option (a) described herein or If . MASTENOREA e~ ~tlo(\.{a) a.nd,.fa'.its to·ogmmence and prosecute Its work as contemplated herein, PSE may, at Its option, undQrtak1t'S,Ueh work on behalf of MASTENDREA as PSE deems necessary pursuant to option (11!1) and MAS-rE,-.iDREA shalt.promptly pay PSE for all oosts incurred by PSE In performing such woc!\I.. PSE's 0011,ts reimbUi:-sabfe wii:l!tf this paragraph are deflned as in Paragraph 9 herein. '· , / .,' · · · 13. Tennlnntlon tof Br1nch-In lh&:'~ve~I MASl'ENDREA breaches or falls to perform or observe any of the terms and condllloi'ls·liereln, and .. fans 1o cul'9 su~h breach or default within ninety (90) days of PSE's giving MAST END~ wrlhBf'i notice .thereof, or:wilhiri such other period of Ume as may be reasonable in the circumstances, PS;E, m~ terinl~te MASTeNIJRf!\'s rlQhts under this Agreement in addition to and not In limitation of any 'ottiet rl[t!Tledy of PSE .at I~ or.ffl equlty, and the failure of PSE to exercise SUCh right at any time shall not walv,:i PSE'•tfoht \O terminate for a"l'JY future breach or default. · 14. Itrmlnntlon for cn,11100 gt' us,t·;· In !,he eVen.f'MASTENDREA··ceases to use the Improvements for a period of five (5) successive ·years, this i\greement and·all MASTENDREA's rights hereunder sha!I automatically terminate and revert to-~E./ ' ·' : .; · ," ,' .: .: .: ./ ·'.. 15. BtlM!t pf lmproy,rn1nH on ItanlnatlOJ]._ .'No term!~llon of_!J,IS Agreeme~t shall release MASTEN OREA from any HabUlty or obllgatlon with respect:to apy m&tter..oj:currin9,.prlor:.10 such termination, nor shall such termination release MASTENOREA tron, iii obll/;latl~in'and llaQi\ftY to:relTl<M, thelmprovementsfromPSE'sPropertyendreslorelheground. ·c_.; _: ;·: , ..... ,. ;, .: : .,_. i' .:" i' .{ ·:, ... _ .. / / .:: .... ·' 16. RtmPYal of lmRIPYWDtDJI on Itnnlnatlon, Upon anY'lerinlnatioil of,,th1ii·"'9teeme.n1, MASTENDREA shall promptly remove from the Easement Area its lmprove"ITlenta and·tilill(Jre Jhe gto'ond to the condition now existing Of, In Iha alternative, take such other mutuatly agre&eble m$85UreS l<f ;, . mlnimiZa the impact of the Improvements on PS E's Property. Such work, removal"a11d restoration ·shall be , ; done at the sole coat and expense of MASTEN OREA and In a manner satisfactory lo'PS'E. In case of-:'. : · fa~uns of MASTENDREA lo so remove Its Improvements, restore the ground Of take such olher.inutu~l/y _;" agreed upon measurea, PSE, may, after reasonable notice lo MASTENDREA, remove MASJ:"ENDREA's.,:' tlllpro'i'ements, restore the ground or take such measures al the eXpense of MASTENDREA, and PSE .,ahall JlOt be liable therefor. " .,~7. Third PJrty Blsbtn-PSE reserves all rights with respocl to Its property lncludfng, without limltatic)n.; .. t_he right to grant easements, licenses and permits to othn aubject to the rights granted In lhls A~ma~:.·· ··· .... , , 11. 'Bt!wt nnd Indemnity. MASTENDREA does hereby release, Indemnify and promise to /defend 1iilct aave·hannleu PSE from and against any and all llabillty, Ion, coat, damage, expense, / action• and clairtls, ll)Oludlng costs and reasonable attomey'1 foes Incurred by PSE In defense thereof, ·~ ..... / auem,d ot arlah,gdll'9ctly·OI' lndl~.on c1ccount of or out of (1) acts or oml9sfons of MASTEN CREA iind MAsTENO.REA's servanta, ager)(s, 8fflployen, and contractott In Iha exerclae of the rights granted ,.-herein, or (2) jell and.-ornfsslQns of.PSE lrrlls use of PSE's Property which affect MASTENOREA's '··e.m.p10Y811, &'1fiits, liontl'Bcton1,.iuil:l oU,er,'partles beneflUng from said Improvements; provided, however, lhii paregraph:doe~/not. p.l,p .. ,o :rt ·11.·,o lndein. ,ilfy. • ... psE'bgalnst llabUlty for damage• arising out of bod Uy injury to l)er¥)M.Ot ~a~ 110 ~"f caus~ ~~n, resrtl~g,,trom the sole negligence of PSE or PS E's agents or empt~.:... \, ... / / ,;< _:.:-.,! / · t"'i' ,f ) 19. ·_.·~. Prior t!)'M,4reNo~EA;a ,¢nstruct1on actlvltlea or other aubttanllal actlvitlea on PS E's Property.und,r'the.righla:iprovl!;fed ~n",' ¥ASTENDREA shall submit to PSE evidence that MASTENOREA or'MASTENDREA'a coi:i~ nu ~talned comprehensive generol liablllty coverage naming PSE as an additional lnstired (indudfn!J ~ fonn contractual llabUlty COV8nlge) satl&fuctory lo PSE with IJmlts no len lhaf\.!h~/ollo~g: / ,t / ./""'··--:.. /'\· BodKy Injury Liability, j·~clucllrig / ')2,000.9.0j> automobile bodily injury · .eaci\,occurrence Property Damage Llabftlty, 1ncilld1rlQ \.)2.~·00,000 automobUe property damage llabMll)'.,, ..,i ; .\ -··. ~ ~•MiAil,,,.\ /\, Sald .. &vid,!'"ce ahall be submitted on Pse•i':perilfrcitn pf ~·~.ta~.~ard form (~ich,form PSE shall provide "pon requeat) or such other form as PSE may from· Ume tb uml.app'r.ove. / f ::.· ''':. ·~.... ,/ ,;,' / ,•"'''"""•· .. _.:, 'i ·' f Seid coveragf(shaH be maintained by MASTENOREA cir MASTENDREA"'s conira~fora.di.rlng the period j s~.cti.tctfv~:ie111ake place, f. ... ,.,/ / _(~ .. '} :/ /;' /' ,20. / Tp,n nod MDUPfflRDtf· MASTENDREA shall prorflpUy'·pai or relm~111~: PSE for any taxea l!'ndlor,8as81$smerits ravled as a rasult of lh/s Agreement or relaU~g to MAST~NDREA's improjamants coliltru~ed pu111uant to th/a Agreement. '··, .. _/; . 2·/· ., fw...-~~·rtgtita_,i;p-anted herein are subject to permlta, leasei:,1l~1111 i~ oasementa, If anf. h~~Df.t' ·gran_ted· by PSE affecting PSE'a Property subjoct to lhls Agreement( P~E does not warrant !Illa lo PSE'.s Property and'Jhall not be liable fat defects thereto« failure thetepf. : :. 22. .~./~nll),ss ottl81Wlle _orovlded herein, notices required to ba In writing under this Agreeme'nt shall be~ as.fol~'.,·;'' ··\ .. :,':,.,/ tftoPSE: /./ ./~·g&1$oundEn~. 111C. Corpe.fate Facllltlea PSC-1os .. P~.~xJ17034 :;· J .:: Bellawu; 'WA ~734: J lf to MAST ENO REA: Joh~·,Mal~~d~a ;· ;.' .:· 2411 South 248 .. ST;·#0-18 Kent, WA 980~ .. Notices shall be deemed effective. If matted. u~n .the ,_kond· dai ton6wln0 d•P~·i't~t In the United Stales Mall. postage prepaid, certified or registered /'nail; reluin receipt requntad, or upon dettvary th8l'9of If otherwlae given. ~lther party may change the addl'Olia to ,whlqri ~·.n:,·8y bf!::;ii(en by gt-'.!~ notice as above provided. ~ ... , .,:, .. : .,: -~:· .. ,-).' .; .: ·., .. 23. At1lenm1nt-MASTENOREA shall have the right to 8ss1gn Iii rl;hla:~u.ndJ Jpon-:./ · · approval by PSE. Such approval ahall oo.t bo unteaaonably withheld. No a~n~enl'~f the ·pnv~~ .. and benefits accnJ/ng to MAST ENO REA herein, and no assignment of U,e obllgatlons.pr llatiK!tfes of;· .:,' MASTEN OREA herein, whether by operation of law or otherwiae, shall be valid wltl)out the P'lor wrllfan consent of PSE. 24. 9Hff9119IP· The rights and obllgatlona of the parties shall Inure to the bernifll ri' and:i,. / binding upon their respective succesaors and aaslgns. ·· ·· · I ' / ~ ....... .:' 25. l:Jull.lb:. In the event of any assignment of the rights hereunder, the liability of . .MAS'JENDREA and Its assi"1eea shall be jOint and several. /'E.1(ECUTED as of the dale herelnabove set forth. . ... /"·~· STATE OF WASHINGTON ,i .·· :, iss: COUNTYOFK/NG ··,·). / . .-, . .. ., On this ~ay of tb~~¥:s/' ~.::~~,-~~. -~ ~~~~. persona11y appeared R. S. MCNULTY, lo me known to be the Oireottlr CorpQJ"ate._Facll1tl•11 of:PUGE'f SO\J~D ENE~GY, INC., the corporatlofNhat executed Iha foregoing lnstrum'ent, a/Id" a(:knoMed.ged.$ald Instrument to be U1a free and voluntar}' eel 'and deec! of said corporation, for ft1e uae, ~ ~u~, tfi~ln' 1)1&ntloneq{ a~· on oath stated that ~e Is aulh9_rized to execute the said lnsb'um~~:.,,/ / · vy-lTNE~ my.fl.and end official seal hereto affixed the-,~ay and,°'~ar .ljlbqve wrtttan/ :'4Jt.· .. ~~ . .'~ .. ~ fif11 "01,\~.,, \'t~_.;;;,t'cJ;:~J ~~~~ .. · .... !~·~·.-'.<!!$ . --A&~ '11,'\"'·: ,/ . "'"" ,_ ~ :! STATEOFWASHING;~'N/ { I .V~&o4b ,s;:j,.L t Print ffle WdYHIF ilm!:m' ~ Notary Public In and for the .. Stata at _.i Washington, residing at ~e'"I..Lb;""'\h.tc: .: My commission expires 0 /is",/-i,~· >:_:~s COUNTY OF KING ) . . : _. .,. On this~ day of ~ .. . , 2~. ~~ IT!,·,tfufunderslgned, a Notary Public as lngton, duty commlsslon!"d .and iWQrr,, personally appeared ~~ifi;~M:2..:..:.:..:..:.:..:.:.·:::: ___ :··~·::_, Jo me kf!OM!. to ~.ttte·-person(s) whO signed the Individual thal executed the within and f()(egolng instrum·en~ ·and:acknOW1edged said instrument to be his/her free and voluntary act and deed for the (l!i8s an<l ptirpotes trn!lrelp. mentioned: and on oath stated he was authorized to execute the said instrurn&nk · · ·· · GIVEN UNDER my hand and official seal hereto affixed lh1f'.c,ay:'~nd Y8ar:irl I~ ~iftcate firs! ~bove """'" --""'",, A fl:;~ ,J,~ /~,· i .il <) ·•, ,·' --'/l. KEN ,, ~.• .f~ . 11V" '" ... .. : /,.!!,, ........... >-o]\ (SlgnatureofNotaryr ~> :· .' ·,.... ; :' ;~_.'..tJ..\0 E.t,o•,;y I .. · · · · · ,o..-,r o'.o·. ,, {~:'/~0 ,r,..RY ~\ ~ (Print oratampnameofNotatyf . ~ :o ~ ! ~ NOTARY PUBLIC In a~ ft·t,e St~ 1 .._o ~~: t Waahlngton,resldlngat ~-=-/ · \ '·· .•• 4 _10~~/ f My Appointment Expires:, ____ """-~- \~i·····"· _; ,,,,,~ .... ~---- ' \ "'"~ ... ,, .... · AOMEIIENT AND !ASEMENT FOR STORM SEWER IIUOEUOUND ENERGY, INC, TO MASTINORIA r i , .. ~ .... EXHIBIT"A" _,.···· '""'} -'. .: ,.' ·" ' ·( ,: t~l l THAT ~RTIQN Of;:'°THE NOR'fHEAST'<!lUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWN$HIP. 23 N0RTHj RANGE 5 EA$T, W~M. lf'(KING COUNTY, WASHINGTON OESCJBEO AS FOLLQ\:V; ,r / _/ '', / :r-~,f / h ·,.J '. ;;( _,...,,//) PERMANENT $\seMe..J ,< ./;"->;,< "> .. :.. } -:,. .,,• / { / / {'.·,,. THE WEST 15 FEET' OF Ti:tE so'UTH -170 fe!1foF10T B, KING COUNTY BOUNDARY LINE ADJUSTMENT NUMBER l,98t.0073, RECORDING NUMBER 9810219010 RECORDS OF KING COUNTY, WASHINGTON:'-: .. _ _/ / / / ./ .,. .•' ,·-""•·.,., ./ , ) TEMPORARY CONSTBIICTJON fAS'i£M§NT .i : .. _ :: ·:,,~ ; , ..... -.... ,,, THE EAST 5 Fl;:ET OF THE WEST 20 FEET Qp THE SOUTH 11a··FeE'T, ANo THE .. WEST :.ii F'tiET OF THE NORTH--'20·:FEET OF THE SOUTH 190 FEE"(OF LOT 8;-KING COUNT.Y:BQUN°bARY.llN! ADJUSTMENT NUMBER L98l0073, RECORDING N4MBEi;t 98102,90,q R~co,os:OF ~INCi COUNTY, WASHING'f:ON. / ,-.• ~· i ( ' i / ,¥)oENDuM TO AGREEMENT AND EASEMENT FOR STORM SEWER _PUGEf-SOUHO EN!RGY, INC. TO IIIAST!NDR2A ADDENDUM A ::~J ./ ·· .. lccTTl!R OF ui>J&ERSTA!IIPINGfOR ROLLING HILLS TOWNSITES BETWEEN PUGET SOUND ENERGY;IJOHN MASTENDREA AND KING COUNTY FOR ATl'ACHMENTJ'O Aci'Rj,EMENT'AND EASEMENT FOR STORM WATER IN CONSIDER,fr10N of ihe a'Ppl'Oved Kl~G COUNTY,,Commercfal Development permit for application No ... 802~160.1 re{8ti'}Q t1=rttie··p1_ans on_, fil~for that project. The undersigned ;ug~SJm;lerJ~~-wse,) dicla~~'·tiat It has granted an easement for purposes of conSU:Uct.1.ng, ,Operating arn,t .~nt~.fnlng a storm water conveyance system to John MastemjrE?e (~A:3TENORE;A) over !h~ .. westerty 15 feet of the southerly 170 feet of Its RollJng HIJ!s S~bs~tlpn property (he'reln ·q~seme~t>,.rea·). ' -f ./ / PSE, MASTENO.,REA and KING COUNTY··~~ree ~a·f9'1loY/S: ..... ,· 1 ;" King eoJnty shall have the right to lngres~.-an,~ eQres~_.oyer t~B 1?8sehient Area foi JnsPectlon 91 and to reasonably monitorthe·pt;trtotmarfoe/operat!Onal flows, or defectS in ttie C9nveyance system In accordance with 8ndJas''preSent8dJn King County Code.Sectlbn B.04.120]. ' ·· · · •' / ,. . ·, ........ -~ / 2./11 Kiflg cbunty-determlnes that maintenance or repalr~rk iJ reci.ulred to be dorie to-ihe ,COnv~nce sys't~m, the Manager of the Water end Laiicf~e~urces Di\lision Of"the 19ng Coyn.~ Department of Natural Resources shall give.notice of the specific maintenance _a·ncllor repair work required pursuant to K.C.C. 9.04.030. The ManaOer, shall' alio s:et a ::f'ea6on.abre tJme In which such work is to be completed by MASTEN't>'REA ~r h~ h;eirs _6~_..eisslgns:···:. 3. MAST~~R"EA l~,his }'i·;·1';, o/as8"rg~s shall assume all responslbillty for the cost of any malnte"'n~.~e~·'n.d repalrs'taJhe co_iiveyance system. 4. MASTENDREA o:~ hl~',heirs or ,ass.~ns.is (~"re) hereby required to obtain written approval from the water and lar:'ld RBsoµrce"S c;:uvlsion Manager of the King County Department of Natu/'BU~~,ou~s pno~.fo ~lln_g, pjj;ling~. cutting, or removing vegetation (except In routine landsca~ m~lnt4!1nenet:r) in O"pen ~egetated drainage facilitJes (such as swales, channels, dit.cheS; tionds,:8tcJ,·or pedoftn!ng any alterations or modifications to the drainage facillt18S cQntaln8d.wltt)ln s&ld drainage easement. Any notice or consent required to be given or'Othe1V?isE;l pro\lid~ fQf' by the provisions of this Letter of Understanding shall be effective up(){)· pe·rsorial d"eJIV8ry;:or U,ree·t3'),days after malllng by Certified Mail, retum receipt requested\ ·· ·· ·· · · · · 5. Except for the aforementioned Agree men;· anJ e~·setneri ,;,r s~nJi via~,:\. this Letter of Understanding constitutes the entire agree·ment ~et'We~n t1'18 :iiart1fs/and, .. -··· supercedes all prior discussions, negotiations, and all agreem~n~ '?'ha~so8W:ltii.:tieth~r oral or written. · ,, ·,. This Letter of Understanding Is Intended to protect the value ~hct~e:i:lil'~b-mt/of / the real property covered by appHcatlon 802L 1601, end shall Insure to tti9 be.iiefl_fof a"II the citizens of King County, and shall be binding on all heirs, successors and·-~sSlgmf. 6atedthis~dayof ...c...-c,i...~..o~ By: -~~,-...,,,1----~.'--,,-f+-''dr+ Its: -./J--"~;:,"-£--'i'~---6-7'd STATE OF WASHINGTON COUNTY OF KING ,. , 2004. JOHNM~ 9 On il~:d,y peraonalty appeared b~f9re\T\~\Joh,ri. Mi~te'r;Q~. t~':~e kf!6~ to be the lndlvfdual described In and who executed the \1flthlh arid for~olri~ ln$tru(liel')! and acknowledged thS:t:he signed the same as hl!l'tre8 a~d VOlu.ntBi~fact'anc;t d~1,.for the uses an~ pu¢o;ses Jherein stated. ( / / .~--·~ / / / .:&1~ u~~er ~y hand end official seal this ~rda;, of,'._~ 2004 . . _i---.l,'e~':,,( Af},ti)71..jJ_,' . . _-f.S, ......... r0 11 ~~ : . .'. j' o~i,;.,,oN ~i., ~ ,, Print Name ::: .-· 'J~/lv.a1~{~\,··.1~ Notary Publlc ln and forthjt6;£8J)} i \,!S ~-' /i _; Washington, Residing at,~=,,.,tt,=-- ~1 \:"~···~C:J~:'/ ; .,._..··"'•· ... _ My commission expires '•, ~·-•• •-10..tS •• -· r ,/,/ ,, ·········~ ,,r ,\, OF\/4¢ --...... ,,, ............ ~ ... -,,/ / STATE OF WASHINGTON• )\ •. , )SS COUNTY OF KING }•,,./ On this day personalty appeared befdre me S-'. MCNulty,. to rr.ie·known to be the DIRECTOR CORPORATE FACILITIES of.l"UGETSOUNO ENERGY, INC., the corporation that executed the foregoing· irl~mer:it, a_;id aCknowtedg&d the said Instrument to be the free and voluntary act :.ind deed·of a&id i:orpDratioo,·for. the uses and purposes therein mentioned, and on oath st~ted that he .. ·was atithOrtzed. to execute said instrument. ··· .. .-./ · J · /: /:/-:';::··-:~ \ /\ GIVEN under my hand and offlclal seal this .J.!t!!/day'of 6e'G.1::i-"'-\isGt:/ .. ; 200..4~ .• ' r;:;.i~·q,,.~ -.>'1·' ,....,.k,_,/.,f~/,c ,.:: ~ • PrinfSme W14y,q £irogngJ s.p,-uµ..t. !; : ~o!,"'">-·, · Notary PubUc In and for the State of; %~\~"11LIC .:; Washington, Residing et 'Mi..i.-""41.ut" ~.,,._.. ·11.n~ My commission expires &/1&/9.1,, 1 ~~··., , .. ~.---.:# ~,,.o~·~A.'i,,,..~i~"' i't1111111u,,,,., ( .! .'COU ,•' ... .. , ... ·· written.