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Home My WebLink AboutReport 1108TH AVE SE (SR-515) (P'IINCIP .... i\o01YRL\I.) IIi Ii jmiii IP! IS! ~ 0000 0 ~d!;l 'I '<I~!i~'1t " ;1 ' ! , I §' • ~ 2~ III iI '" 0 !ll ;! IN~h I! 1" j g, > " r ~ a I jog • !! i ,!!!!~ , i • ~ " a :: ! q~. , ,~-, : I!'i!! , ! '~FIVi:D • ' ... 'I • i"i~" i ~ /; 8 j , I , • I I 1'"! , 1~~:i.L1 '( i ! 2 2014 LAKE www.-..oiViI.com ~.:.. ,",---I ~"=-I . ~ . PANTHER LAKE PREl.JMINAR'r' PLAT .' 1 1 I, I'· ,I i, " i I I i ' ! I I I I loaTH AVE SE ('~Ittr.:lP>i,. ""Efl"l) 1-__ -::-:C=O::.N=N=ER::.:.:.HO=M=E=S~ __ __l1iilillD --~--I • ,.,., I PANTHER LAKE _._-""r-l'!!l"f' , I PREUI.4INAR'f LANDSCAPE Pt.AN ~ =.o"".t....-I ;:;..'=-I t=-~ ... i i '. iHI i'l HI~I;I; ~ i !Il!j I! Ii ii ; !i li ii !i ;i !!Ili Ii iii 00 m q~I'I' ~ , ~ ~ I il!il !!: i: I Ii ;1 ii Ii ii !!ilj :: !,; ! ' 0 z:I!i ~ z H!HI " ilill I!I '! I !IIII' II Ii leill! I~ 1 • ." j • r ~"" ., II I ~ Iill I ~ m " ::s ~ ,iI 1!I!iI.!!'d'lil " I n~i'" li!li II I i! II II I! I! 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" " : ' I~ u i A PORTION OF THE BE 1/4 OF SECTION 32, TOWNSHIP 23N., RANGE 5E, KING COUNTY, WASHINGTON ---------~-------~ ! !' ; i ",." 51-+110 ,- i 1::::~~:l2",' , ,K"9.~-'-' ~-~ ;, " , "" ":-~ ~ ~ ". ~ .. -!-- , : i I ---T ,,_\; it " "I" i; ~ ~~ ..'" SHARED DRIVEWAY 2 (LOTS 23 -26) SCAI..I<: ::::;: q ~ ., ~i ~ ~ro ~' ,- i§ " .. ,. ., 0+00 C~~' . ~=ti" • "' ... +H~_b •. SIWIUI -~---:-. ----"--~~" , ;~ , ... ., 1Q§TH AVE §iE SCAL", :::::: ~ ?*" , .,'2 ,. • , r .f' ' ",' , ~<!i I 0, u: ; "" " ... 1- .., om ... ... - , ~, ..... ~ '"'' ~ I CL I,n ~h"'.", . _ Sf ... "+OltO" ElLY: 4111.13 : --'-~- , f ~ r----- ! ~7"'20 " ~ ,.,.., " -""". I '.. 1 : HI" ! "'" I ''''iHt· '~ 12~ s.olf ~-) '."," SHARED DRIVEW.!~, <,l!;TS 23,24,25 3. 2£) ," 'j .--~) ,w '" /' :~1~.:' "':,;;~ -" !iOQ ' ........... '''"''!o-"--... m .., ~-:""Y :s -=-"'" " f:~' -', o \ " ill ! ' Ii !! I ~~ :5~ 0: Iii UJEi ~~ z~ ~~ i I r PANTHER LAKE September 26, 2016 Jim Berger, Greenleaf-Larosa LLC Conner Homes 12600 SE 38th Street, Suite 250 Bellevue, WA 98006 Denis Law Mayor Community & Economic Development C. E. "Chip" Vincent, Administrator SUBJECT: Request for Maintenance and Monitoring Greenleaf-Panther Lake City of Renton File LUA14-000190 Dear Mr. Berger: The City has not received any maintenance and monitoring reports associated with the conditions ofthe preliminary plat and environmental determination since the acceptance of surety and officia I start of monitoring beginning December 8, 2015. Quarterly reports were due to the City January 2016, April 2016, and July 2016. Please provide an assessment of current conditions and recommendation of any needed contingencies prior to November 1, 2016. Next steps will be determined following the assessment. You may contact me at 425.430.6593 or mherrera@rentonwa.govwith any questions regarding this letter. Sincerely, Matthew Herrera, AICP Senior Planner cc: Jeff Mallahan, Wetland Resources Inc, 9505 19'" Ave SE, Suite 106, Everett, WA 98208 1055 South Grady Way, Renton, WA 98057· rentonwa.gov December 8, 2015 Jim Berger, Greenleaf-Larosa LLC Conner Homes 12600 SE 38 th Street, Suite 250 Bellevue, WA 98006 Community & Economic Development Department C.E. "Chip"Vi ncent, Admi nistrator RE: City Acceptance of Surety Device Amount and Start of Monitoring Period Greenleaf-Panther Lake Mitigation Project City of Renton File LUA14-000190 Dear Jim Berger: Monitoring and Maintenance Period Start Date: On August 17, 2015 the Certificate of Installation ("AS-Built Letter") for the Greenleaf Residential Plat Mitigation Project from Wetland Resources, Inc. was received. An inspection by City staff was conducted on October 16, 2015. Therefore, the date of October 16, 2015 marks the beginning of your minimum 5-year maintenance and monitoring period. As a reminder, reports are due quarterly for the first year and annually thereafter. Your first quarterly monitoring report is due to the City on January 1, 2016. Please send three copies of the report to my attention. This letter also serves to confirm the City of Renton received a surety device in the amount of $24,427.69 to cover the cost of a minimum five years successful maintenance and monitoring. In order to assure the quickest possible release of your surety device, please ensure prompt monitoring and maintenance are performed for the duration of your monitoring period. Renton Municipal code requires quarterly maintenance and monitoring reports for the first year and annual reports thereafter. The mitigation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than five (5) years. If at any time during your minimum five-year monitoring period the mitigation project falls below performance standards, the monitoring period will be placed on hold. Once the mitigation project regains compliance with approved performance standards, the Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov December 0, 2015 LUA14-000190 Page 2 maintenance and monitoring timeframe will restart for a period necessary to establish that performance standards have been met. I look forward to receiving your first quarterly maintenance and monitoring report. Sincerely, f::::sA.~ S-... 4... s ..... Kris Sorensen, Associate Planner Current Planning Division cc: City of Renton File LUA14-000190 ,,,.,,--'_1 ,1 _____ :-t1Lf Denis Law Mayor October 6, 2015 Aron Golden Conner Homes Group, LLC 846 108th Ave NE, Ste 200 Bellevue, WA 98004 SUBJECT: Surety Device Amount Greenleaf Plat Community & Economic Development Department C.E. "Chip"Vincent, Administrator City of Renton File Nos. LUA14-000190, LUA15-000453 Dear Mr. Golden: Based on the two contracts (attached), I received for maintenance and monitoring for the Greenleaf mitigation project, the total amount of your surety device is $24,427.69. The specific breakdown is as follows: Maintenance / Monitoring Planting / Replacement / Restoration TOTAL @125% $10,595.00 $8,947.15 $19,542.15 $24,427.69 This amount is deemed sufficient to guarantee that structures, improvements, and mitigation required by permit condition will perform satisfactorily for a minimum of five (5) years after they have been completed. Please come to the 6th Floor of Renton City Hall to pay the surety device, and as a reminder, the City of Renton does not accept bonds. Thank you for your diligent work in providing a wetland mitigation plan for the project. Once I have received a receipt for the surety device, I will issue a letter signaling the start your five- year monitoring program. If you have any questions please feel free to contact me at (425) 430-7289 or cclose@rentonwa.gov. Sincerely, Clark H. Close Senior Planner Enclosure cc: City of Renton File Nos. LUA14-000190, LUA15-000453 Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonw •. gov ~~:;8~~i~~~~~ ~~~g~~:;p~~~ Umii!m ~S-;;::l:-C~"''''",:o:; ~~i~~-~-;~~i; i~:~*~~~~~~ .... 15 8 'l;z .. i .... """" ~iiim~;~~ i~~~;;~:;~~::~ i?;::~2;11'~';'~,,;:: ~!!~e~~::~~~ o:::!61':.2;~f~"";'--mm;iHi ~e~""il':tC:I<:~!;:;:': ~"::iiO"_'2::2;S> "-':1 .... '" :::~o'" ~~~¥~ ~;:~ '"!;2...... ;:''4 s~~c: ~~~~~ Og ......... ~!:-~~~ ~~g~§ i ~~!~~ f .~o~o i ~!~ ... ~ ::::~=1oi;!; ~ ~~~i~ s;::~: sg.: !:i Rg 0 Eif:i§~Q !;..il!:~ S~~~~ j~-<~ ,0OSl l',g" ~:..e;~ ~~~ ~g~~~ ~ ~ i!\~~~~ ~ "<"~I ' ~:~1h i ~~~~~ E iS8~~ ::t::::C or' . 1.- -". mHI § ~i~:~: f~~!III' ~ ~~~ .•. i ~ ~; ~ , ' , ~. ii'''''' ; bi" ~ ~:tL !C'f~~ ii'~i'a ~~",g-5-g.~ :;E:... 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II!I i!l~ II II 'j i -, I ~ !II Ii II ' " '\ i ~lfi ~i ~: I I .1 1 ! 0 , • ! ! ilil! H lii l ~ I! II !dll ' ,I I !Ill II;!! hill \' i' Illil 'Ii'l !"Ii !! II il j, !II ~~ !:~ l!! ~ lill F l!i hI 'I,I 'I ! ~ H 1'1' ~' ~I' l'[ g II iii Iii 1 1'1 I!" '!1 II! .1 1 ~~!8 ~ ~ ~.. ~ I!I hih i~1 ;~Ic b5 !"~ ~ e [:1 r:lih ~ l!<~ I!I " '0 I! Ii I, Iii ,I iiI!! ~~ ~!;;! II ~ i! !1' !§ " 'i' 'l'~ " 3! ~1h ~~~S il ~~..; ilI .. ~! ~~:. ~-'-! ~! ~ ~~~~ ill .!-, -i ,,-' ~~" >-~ ...... !I'eI " ~ VWtlafld Ir:.egOllrc8s,lIlc: I I! I .. .. .~fo;:'" Delineation I MiHgaUon I Restoration J Habitat Creatjon I Perm;1 A!XlistancQ July 9,2015 Greenleaf-Larosa, LLC Attn. lim Berger 846 108th A venue NE, Suite 200 Bellevue, W A 98004 Re: Revised Pl'oposal for Critical Area Services -Greenleaf (WRI #14132) ==:J 9505 191h Avenue S.E. Suite 106 Everett. Washington 98208 (425) 337-3174 Fax (425) 337-3045 Wetland Resources. inc. agrees to the following scope of work for the 6.27-acre (7-parcel) site located at and adjacent to 18647, 18655, 18661 and 18665 108 th Avenue SE in the city of Renton, WA. The site is located as a portion of Section 32. Township 23N, Range 5E, W.M. Scope of Work , / , Tasle 1 $ 2,000.00 Initials ,. "f ' a. Conduct a site visit to verify pre-planting conditions of invasive species removal b. Conduct an As-built site visit and prepare As-built Rep0l1 .. /: Task 2 $ 10,595.00 Initials ,( i '! a. Conduct semi-annual monitOlilr{ visits in the spring and fall and prepare annual monitoring repOlts forfive years 1,2,3,5,7 and 10 h. Provide maintenance recommendations for monitored years Fees Wetland Resources, file. charges $140,00 per hour for a Principal Ecologist, $120.00 per hour for a Senior Ecologist, and $110.00 per hour for an Associate Ecologist. We estimate the tolal cost related to the aforementioned scope of services to be $12,595.00. Please initial next 10 authorized tasks above. We will not exceed this estimate without prior approval. If additional services are deemed necessary. another proposal will be drafted. Payment Tel'ms Invoices are mailed monthly with net payment due within 30 days of receipt. We will supply you with a draft copy of the report for your review and comments along with a final invoice, RepOlts will not be finalized or signed until full payment of any balance due has been collecled, Interest will be charged on accounts thirty days past due at the rate of 1.5% per month for the unpaid balance. [n the event this account is sent to collections, the client will pay reasonable attorney fees and cost of collection, whether or not a lawsuit is commenced. The work considered for this proposal will conform to the prevailing standard of care employed by wetland ecologists in western Washington. No other representation or warranty is made concerning the work or the repOit considered by this proposal and any implied representation or warranty is disclaimed. Jf you are in agreement with this proposal, please sign, date, and return a copy. This cost estimate will be honored if executed by July 23,2015. We will schedule this project upon receipt of the signed proposal. We look forward to working with you on this project. ~~~H~~~---,-----_____ --,-----_Date: 5/b(!C 1(. ;kJ/5' ed Agent for Greenleaf-Larosa, LLC ::Jt:. 73E~ vI(}~-t"t'lfZ-.l L~.J. T:;t2.Js>-L~.q- Agent's Printed Name and Title SB:jm Page 20[2 Greenleaf-Larosa, LLC 5UBCONTRACTOR'S SUBCONTRACT Contract # 4022-028001Z This subcontractor', Subcontract ("Subcontract") is made and entered into this.lS day of l!!.lY. 2015 between the fallowing Contractor and SUBCONTRACTOR CONTRACTOR i Greenleaf-Larosa, LLC ("CONTRACTOR") i Address: 1846108'" Ave NE Suite 200 Bellevue, WA 98004 SUBCONTRACTOR Ground Effects Landscaping, Inc, ("SUBCONTRACTOR") I Address: PO Box 207 Auburn WA 98071 I 1. The ProJect: The project is located at 18655 lOS'" Ave Sf, Renton WA 98055. Project name is Greenleaf (the "Project"), 2. The Scope of Work: SUBCONTRACTOR shall tlmeiy supplV all supervision, management, labor, tools, suppl!es, equipment, and materials necessary to promptly complete the following Work at the Project: Complete landscaping and Irrigation for sidewalk strips/street trees, Tract A (Entry/monument), Tract E (Park), Tract C (Retention Pond), Wetland Clearing and Wetland/Buffer Restoration. See Exhibit A for Details. 3. Amount. For the faithful, timely, and complete performance of this Subcontract, SUBCONTRACTOR agrees to accept and CONTRACTOR agrees to pay a total of $82.309,88, (See attached schedule of values) a. Phase code. 30-0280000, b. Job # 4022-999. 4. Commencement and Timely Performance of Work. The Work to be performed shall commence August 2014 and shall be substantially completed by October 2014. 5. Contractor Registration. SUBCONTRACTOR is fully licensed, registered, and In good standing with ali governmental agencies. SUBCONTRACTOR covenants and agrees that at all times during the term of this Subcontract SUBCONTRACTOR will be fully licensed, registered, and remain in good standing with all governmental agencies. 6. Compliance. SUBCONTRACTOR is an "employer" as defined by the Unemployment Compensation Act of the State of Washington, and all similar acts of the federal government and including all social security acts. SUBCONTRACTOR will withhold from his payrolls the necessary social security and unemployment reserves and pay the same as required by law. CONTRACTOR shall in no way be liable as an employer to, or on account of, any of the employees of SUBCONTRACTOR, or any other persons engaged by SUBCONTRACTOR to perform any work on behalf of CONTRACTOR. 7. Insurance. Prior to starting work SUBCONTRACTOR shall provide a Certificate of Insurance to CONTRACTOR showing that CONTRACTOR and The Conner Homes Group, LLC were Additional Insured on each of SUBCONTRACTOR's insurance policies for General Lia billty and EKce55 liability, verified by both a Certificate of Insurance and receipt of the Additional Insured form and endorsement. Limits on the SUBCONTRACTOR's General Liability for Premises/Operations and Products/Completed Operations shall be equal to or greater than the CONTRACTOR's limits of $1,000,000.00 Per Occurrence. All policies shall be with companies acceptable to CONTRACTOR and shall have a Best rating of "A" or better. SUBCONTR,\CTOR shall provide CONTRACTOR with certificates of insurance and endorsements, in form and substance satisfactory to CONTRACTOR. The Additional Insured Endorsement shall name CONTRACTOR on a Primary and Non- Contributory basis using Modified (CG 2010 11/8S) or equivalent. Said Insurance shall remain in place at least six years after completion of CONTRACTOR approved work. The certificate(s) and endorsements(s) shall provide that the coverage under such policies will not be reduced, modified, cancelied, or terminated without thirty days advance written notice to CONTRACTOR. Notices of intent to modify, cancel or terminate shall be absolute, and the required endorsement shall not Greenleaf-Larosa, LLC 7/1/2015 Page 1 of 9 contain e:xculpatory language in favor of SUBCONTRACTOR or Its insurer in the event the required notice is not given to CONTRACTOR. SUBCONTRACTOR shall not modify or terminate any of the insurance policies, either before or six years after completion of the CONTRACTOR approved work, without CONTRACTOR's prior written consent. 8. Performance of Work. SUBCONTRACTOR agrees to complete all work pursuant to the plans and specifications, and in a manner consistent with applicable building codes and regulations, and meeting or exceeding the skill and care ordinarily provided by persons of the same profession under the same or similar circumstances. !a) Prior to commencing Work SUBCONTRACTOR must satisfy Itself as to all matters and conditions that may affect the nature or character of the work, including but not limited to the location of the work, the character, kind and quantity of material needed, and the kind and quantity of equipment needed. (b) SUBCONTRACTOR warrants that It fully understands what constitutes an acceptable condition of the surfaces/subgrades/substrates upon which the SUBCONTRACTOR will perform/apply Its work and materials. If the SUBCONTRACTOR encounters surfaces unacceptable for the proper Installation of Its work, it must notify the CONTRACTOR In writing prior to proceeding and obtain CONTRACTOR's written approval to address surface/substrate conditions. Proceeding prior to this notification and CONTRACTOR's written approval shall place the costs of any repair or replacement of the SUBCONTRACTOR's work resulting in correction of the underlying condition, or resulting damage, solely upon the SUBCONTRACTOR. 9. Safety Requirements. It Is the responsibility of the SUBCONTRACTOR to furnish safety devices and safeguards to Its employees as well as any workers under Its direct supervision. Furthermore, the SUBCONTRACTOR shall adopt and use safe practices, methods, operations and processes while performing the Work under this Subcontract. The SUBCONTRACTOR shall abide by the CONTRACTOR's Safety Policies. Fallur. to abide by the above conditions or to maintain a safe work environment shall cause the SUBCONTRACTOR to be in breach of this Subcontract and therefore be removed from the Project. SUBCONTRACTOR shall have a site specific safety plan and provide a copy to CONTRACTOR's on-site representative prior to work and/or as may be requested by CONTRACTOR. The SUBCONTRACTOR Is liable for all fines, indudlng fines and costs incurred by the CONTRACTOR due to the Department of Labor & Industry violations directly attributable to the SUBCONTRACTOR. 10. Amount and Timing of Payments to SUBCONTRACTOR. SUBCONTRACTOR agrees to accept the amount set forth in paragraph 3 above, plus pre-approved written change orders and pre-approved written purchase orders, as full compensation for the work performed and material provided pursuant to this Subcontract. At the sale discretion of the CONTRACTOR, charges for repairs or work done by other SUBCONTRACTORs due to poor performance or failure to timely perform by the initial SUBCONTRACTOR, or damage caused by SUBCONTRACTOR, shall be deducted from any moneys due or to become due to SUBCONTRACTOR. (a) No change order or purchase order will be accepted for payment by CONTRACTOR unless agreed to in writing by CONTRACTOR prior to the Work subject to the change order or purchase order being performed by SUBCONTRACTOR. (b) CONTRACTOR shall have no obligation to pay any invoice from SUBCONTRACTOR, including but not limited to invoices for change orders or purchase orders, unless SUBCONTRACTOR submits the invoice for the work to the CONTRACTOR within thirty (30) days following completion of the Work. (c) Payments for CONTRACTOR approved work completed by the 25 th day of the month with billing documents received by the CONTRACTOR's Accounting Department by 5:00pm the 2S'h day of said month, will be made appro<imately the 10'" day of the follOWing month provided that all Invoicing requirements are satisfied. The invoices requirements are as follows: 1) Substantiating invoice along with any applicable lien releases for completed CONTRACTOR approved work must be received within thirty (30) days from completion of work; and 2) All applicable sales tax should be charged on all jobs, unless otherwise specified. (d) All disputes related to any SUBCONTRACTOR invoice must be resolved between SUBCONTRACTOR and CONTRACTOR within 60 days of completion of work. If invoicing disputes are not resolved within sixty days of completion of said Work, the CONTRACTOR reserves the right to pay only that portion of the invoice, which meets t~e requirements set forth in this Subcontractor. Greenleaf-Larosa, LLC 711/2015 Page 2 019 (e) If a dispute arises between the CONTRACTOR and SUBCONTRACTOR relating to the scope of the SUBCONTRACTOR's Work, payment for the SUBCONTRACTOR's work, or this Subcontract while the SUBCONTRACTOR is performing its work pursuant to this Subcontract, the SUBCONTRACTOR shall continue to meet its contractual obligations pursuant to this Subcontract while lr.e dispute is resolved concurrently. 11. Lien Releases, As a prerequisite for any payment, SUBCONTRACTOR shall provide, in a form satisfactory to the CONTRACTOR, partial lien releases, claim waivers and affidavits of payment from SUBCONTRACTOR, its SUb-tier SUBCONTRACTORs and suppliers of any tier, for the completed portion of SUBCONTRACTOR's Work. Any monies earned by the SUBCONTRACTOR, until paid to the SUBCONTRACTOR by the CONTRACTOR, shall be considered held by the CONTRACTOR without interest in trust forthe benefit of laborers, material men, suppliers, equipment providers and other creditors who have or assert claims arising out of or in connection with the Work. Monies paid to the SUBCONTRACTOR are acknowledged by the SUBCONTRACTOR to be held by it In trust for the benefit of laborers, materialmen, suppliers, equipment suppliers and other creditors who have a right to payment in connection with the Work and the SUBCONTRACTOR shall not use any of the funds paid by the CONTRACTOR until it has paid or otherwise satisfied the claims of such creditors. The CONTRACTOR reserves the right to make payment directly to such creditors of the SUBCONTRACTOR as may assert or have the right to assert such claims and the SUBCONTRACTOR assents to ,uch payment by the CONTRACTOR. The amount of such payment shall be deducted by the CONTRACTOR from any monies earned or due the SUBCONTRACTOR. The SUBCONTRACTOR waives any claim against the CONTRACTOR on account of the CONTRACTOR having made such payment, provided only that the CONTRACTOR, in making such payment, acted in good faith. 12. SUBCONTRACTOR's Warrantv. SUBCONTRACTOR warrants all material and all work for a minimum of two (2) years. All corrections to the work and/or materials shall be made upon notification to the SUBCONTRACTOR pursuant to the following schedule: a) All minor warranty work, as solely determined by the Contractor, shall be completed within completed within two (2) bUSiness day, of notification to SUBCONTRACTOR; and b) All warranty work, other than minor warranty work, as solely determined by the Contractor, shall be completed within five (5) business days of notification to SUBCONTRACTOR. SUBCONTRACTOR warrants that SUBCONTRACTOR and all persons performing by, under or through SUBCONTRACTOR shall be In full compliance with all warranties, promises, and representations contained in this Subcontract, and at all times. 13. Indemnification and Express Waiver of Washington's Workers Compensation Immunity. SUBCONTRACTOR agrees to defend, indemnify, and hold CONTRACTOR harmless from any and all claims, demands, losses, damages, and liabilities to or by third parties arising from, resulting from, or connected with services and work performed or to be performed and/or material provided under this Subcontract by SUBCONTRACTOR or SUBCONTRACTOR's agents, employees, and lower-tier SUBCONTRACTORs and suppliers of any tier, even though such claims may prove to be false, groundless, orlraudulent, to the fullest extent permitted by law and subject only to the limitations provided below. SUBCONTRACTOR's duty to indemnify, including the cost and duty to defend, and hold CONTRACTOR harmless shall include, as to all claims, demands, losses, liability, and warranty claims to which it applies, CONTRACTOR's personnel-related costs, overhead, experts' fees, actual attorneys' fees, court costs, all related expenses, including all fees and costs of any kind incurred to enforce and establish rights under this indemnification provision and any Subcontract. This Subcontract is intended to provide the broadest indemnity rights available and allowed under Washirgton Law. (a) SUBCONTRACTOR's duty to indemnify CONTRACTOR, Including the duty and cost to defend, shall not apply to liability for damages arising out of bodily Injury to persons or damages to property caused by, or resulting from, the sale negligence of CONTRACTOR, or CONTRACTOR's agent or employees. (b) SUBCONTRACTOR further agrees to delend, indemnify, and hold CONTRACTOR harmless from all OSHA, WISHA, and Employer Liability Law claims, demands, proceedings, Violations, penalties, assessments, or fines that arise out of or relate to SUBCONTRACTOR's failure to comply with any safety related laws, ordinances, rules, regulations, orders, payment of Its employees ' workers compensation premiums j or its obligations hereunder. The indemnity obligation of SUBCONTRACTOR shall include all costs, expenses, and the actual attorneys' fees incurred by CONTRACTOR and all costs and attorneys' fees Incurred to enforce and establish rights under this Indemnincation provision and that of this Subcontract. (c) SUBCONTRACTOR agrees that its indemnity obligations under this Subcontract survive any limitation Imposed by any statute of repose or limitation and SUBCONTRACTOR hereby waives any and all defenses under any statute of repose or limitation. Further, SUBCONTRACTOR agrees that any statute of limitation on a claim by CONTRACTOR pu rsuant to this Subcontract shall not begin to run until CONTRACTOR discovers SUBCONTRACTOR has breached either its duty to defend or Its duty to indemnify, whichever occurs first. Greenleaf-Larosa, LLC 71112015 Page 3 019 INITIALS ~J -t = (d) THE PARTIES HAVE SEPARATELY AND MUTUALLY NEGOTIATED THE FOLLOWING CONTRACTUAL PROVISION TO APPLY UNDER THIS SU8CONTRACTTHAT IS ISSUED AND ENTERED INTO BY THE PARTIES, AND IT SHALL BE DEEMED INCORPORATED HEREIN. (e) FOR PURPOSES OF THIS INDEMNIFICATION ONLY, SUBCONTRACTOR SPECIFICALLY AND EXPRESSLY WAIVES ANY IMMUNITY THAT MAY BE GRANTED TO SUBCONTRACTOR UNDER THE WASHINGTON STATE INDUSTRIAL INSURANCE ACT, TITLE 51 RCW, and all other applicable Industrial insurance/workman's compensation acts or their equivalent in the applicable Jurisdiction. Further, the indemnification obligation under this Subcontract shall not be limited in any way by any limitation of the amount or type of damages, compensation, benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefit acts; PROVIDED SUBCONTRACTOR's waiver of immunity by the provisions of this paragraph extends only to claims against SU8CONTRACTOR by CONTRACTOR and does not Include, or extend to, any claims by SUBCONTRACTOR's employees directly against SUBCONTRACTOR. SUBCONTRACTOR's duty to defend, indemnify, and hold CONTRACTOR harmless, as to all claims, demands, losses, liabilities, and warranty claims shall indude CONTRACTOR's personnel related costs, reasonable attorneys' fees, court costs, and related expenses. CONTRACTOR and SUBCONTRACTOR hereby certify that these indemnification provisions were negotiated by the parties and agreed to by the parties. 14. Not a Partnership or Joint Venture. CONTRACTOR retains SUBCONTRACTOR as any independent contractor only. Nothing contained herein shall constitute or be asserted to constitute either party as the partner, Joint venturer, or agent of the other, for any purpose whatsoever. 15. Remedies Cumulative. All of the remedies specified In any of the separate provisions ofthis Subcontract are cumulative, and are in addition to any other remedies either party may have at law or in equity. 16. Disputes. Any dispute between CONTRACTOR and SUBCONTRACTOR not otherwise resolved shall be decided through binding arbitration. A condition precedent to any party's right to commence arbitration Is (1) completion of mediation with a third-party neutral or (Ii) the dispute remaining unresolved for at least forty-five days following delivery of a written request for mediation. Each party shall bear their own costs of mediation. The arbitration shall be administered by the American Arbitration Association (AAA) under Its Construction Industry Arbitration Rules, unless the parties mutually agree otherwise. In the event the dispute involves claims of $75,000.00 or less, the dispute shall be decided by the arbitrator pursuant to the AAA Fast Track procedures. The arbitrator shall permit reasonable discovery, with the goal being prompt, efficient and economical resolution of the dispute. An arbitration award may be filed with a court of competent jurisdiction with the effect of a final judgment. 17. Governing Law, Venue, Fees. This Subcontract shall be governed by the laws ofthe State of Washington. Any dispute shall be mediated and/or arbitrated in King County, Washington. The prevailing party In an arbitration relating in anv way to this Subcontract shall be entitled to recover from the other party Its reasonable attorney's fees and costs Incurred. 18. Termination. Notwithstanding any other provision herein, CONTRACTOR may, with or without cause and at any time, immediatelv terminate this Subcontract, in whole or in part, by written notice to the SUBCONTRACTOR. In the event CONTRACTOR terminates this Subcontract, SUBCONTRACTOR shall have no right to payment, other than for work performed within the agreed upon scope of work and pre-approved written change orders, completed through the date of termination, less any damages suffered by CONTRACTOR as determined by CONTRACTOR, and payment shall not be due to SUBCONTRACTOR unless and until SUBCONTRACTOR, provides the lien release required for payment and is otherwise in compliance with this Subcontract. SUBCONTRACTOR shall not be entitled to any other costs, damages or allowances for overhead and profit on work not performed. 19. For value received, the person who signs this Subcontract for SUBCONTRACTOR represents and warrants that it's binding SUBCONTRACTOR to this Subcontract and that he/she possesses the authority to bind SUBCONTRACTOR to these terms. If SUBCONTRACTOR is incorporated, the person signing for it becomes individual IV liable for SUBCONTRACTOR's obligations under this Subcontract waives presentment, demand, protest, binds himself/herself as principal, not as surety, and agrees to remain bound until released In writing by CONTRACTOR. It Is understood by SUBCONTRACTOR and the person signing for 't that CONTRACTOR would not enter Into this Subcontract without the signor's assumption of liability. The signer for SUBCONTRACTOR does so in his/her capacity as managing agent for the marital community, If any. Greenleaf-Larosa, LLC 7/1/2015 Page4 of 9 INITIALS ~ r . 20. BY SIGNING IN THE SPACE PROVIDED BELOW, THE UNDERSIGNED HEREBY CERTIFY THAT THE PARAGRAPH "INDEMNIFICA TlON AND EXPRESS WAIVER OF WASHINGTON'S WORKERS COMPENSATION IMMUNITY" WAS MUTUALL Y NEGOTIATED. suaCONTRACTOR Ground Effects Landscaping Inc. Date Slgned, ___ J.!-"..:2..::..;;.' ...:20,...::c",;',-,,~,,-___ _ Print Name .~cJ(l.-~~ Title Mf"qJ~ Contractor's license G:! Il..QI,)N e.L.. 00 ~ ~ '-;::' -v .., ""7 Address _XU-,--,,,,,,, __ -= l:::(..)=.L:!';,,,-_V'-'=.o - City, State, Zip fu)I/,Ue.N, WIk-oqf;,o-, \ Phone: CZ£~) ;533-QYJ1 Email +u(!>re..B.t.-f.II\.-.c O~ Accounting Contact -is ~ /VA om Greenleaf-Latosa.llC, a Washington limited liability Company By .: (Authorized agent) O.te sjgned ___ _'_ __________ _ Print Name _"-__ --',.:..' ________ _ Title'~_'_~ __ _'_ _ _'_ ____ '____'__'_ ___ __'_ br u\"'", @ St-( ,'I\c:... c..c.w-- Greenleaf-Larosa, LLC 7/112015 Page 5 of9 INITIALS, __ --1.--"'-'-"-- EXHIBIT A Greenleaf-Larosa, LLC Scope of Work Subcontractor will supply ali labor, toots, and materials necessary to install landscaping and Irrigation to the Greenleaf site per the approved Varley Varley Varley Landscape Architects plans with last revision dated 12/30/2014 (approved 2/20/15) and Greenleaf monument plans from Cramer Design Consultants dated 1/28/15. Ground Effects Landscaping Is Including the first round of monument seasonal color in this contract. Ground Effects Landscaping is including the Wetland clearing work to include removal of existing blacl<berry bushes, thinning out Alder tree lines and hauling off generated debris per meeting with the Wetland Biologist and proposal dated 6/24/15. Greenleaf-Larosa, LLC 7/112015 Page 6 of 9 INITIALS~I 1 "-•. - R:' .... ':,;,;. ~~:., . ·,·,0 .~ . "IA"{O§~N~ ~J#'I~sg,!J,!'Il .. '.' '"".~""~" =CA1,j( ,'.~J' Greenleaf-Larosa. LLC 71112015 Page 7 of9 I~ACI I.} OPtN ~IH.Cf, INITIALS <J2,1I R·380824 ,i~ L-3 ~.~"". 31lJ\UB5111~ G)\01JHl) CQv&k iV'.b' ... ·(\Ir>WI ~llwIotl~l'III'IIf ~""III .... ' .. !tAnllllol,t"~ ,\i ... _~·f"'....u~,1.04 o\olI ...... 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I i I I ~ ~7 I \ • • ~ " o , ill '" Greenleaf-Larosa, LLC " " ~ N " .. " .. " .. .~-MAT"CTlL1Nn~ftijllwt; - - -,~ ... ! ".\ ~_ -j,],0j""" ")l::~~~·t r=;::':~II<:;i:,:i. ~/, ~' .• " "U· r I, I ~ ... ",,, .. ,,,,, .. 21 22 23 "·IIIOI'~PM'<'INJ "o"OP-tlPILlJo<JlvGI ."mp.tIPMWNI fl'1"O>4II'(8t1KVB) I·f>t»".tJ'U·JlWNI ~'I'O",...,.tr.A""~ 7/1/2015 Page 9 of 9 INiTIALS~// ,~ It ~~ ~a en; ~~ wl ~ ~l,i~ := .• i i s I ~ 'I;.';>!! 8; ~ , ~ !~ L-6 .. ,1!0I' III Greenleaf-LaRosa LLC 846 1 08th Ave N E Bellevue, WA 98004 Ph : 425-455-9280 Original Contract Amount of this Billing WA State Sales Tax STATEMENT OF CONTRACT Ground Effects Landscaping Inc PO Bo~ 207 Auburn, WA 98071 Phone: (253)333-9477 F~: (253)333-9478 Payment Request #: Contract ID: 4022-028001Z Contract Date: 7/1/2015 Vendor #: 916400 $82,309.88 Total Amount of this Billing Lien Release The undersigned has furnished material and/or performed labor and services used in the erection, construction, alteration, and repair of certain Improvements, now In progress upon the currently billed for lands and premises, situated In , Washington, to wit Upon receipt by the undersigned of $ tram Greenleaf-LaRosa LLC, as progress payment for all goods and/or services performed through , at the property described herein, unless the check for that amount Is dishonored by the bank upon which it is drawn, the undersigned hereby waives and releases any and all liens or rights of lien on the above described real estate and on all buildings, Improvements and appurtenances situated thereon or belonging thereto, on account of labor, services and materials or any of them furnished or hereafter to be furnished by the undersigned to or for said buildings or premises to this extent only. This lien waiver does not affect the right of the undersigned to recover payment for any other goods or services supplied before or after this release date not compensated by the progress payment or any rights which the undersigned may have by contract. DATED this __ day 01 ____ ,20_ STATE OF WASHINGTON COUNTY OF KING By: ____ .,..,-.......,. ___ _ (signature) (print name) Ground Effects Landscaping Inc 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 , to me known to be the of , the corporaoon that executed the foregoing instrument, and acknowledged the said instrument to be the tree and voluntary act and deed of said corpora~on, for the uses and purposes therein mentioned, and on oath stated that the/she signed the same as his/her free and voluntary act and deed for the uses and purposes therein mentioned, and on oath said that he/she is authorized to execute the said instrument. WITNESS my hand and official seal the day and year In this certificate above written. NOTARY PUBLIC in and for the state of Washington, Residing al ___________ _ My Commission Expires: ________ _ Application for Payment Exhibit E Payment Request #: ______ _ To: Greenleaf-LaRosa LLC From: Address: Ground Effects Landscaping Inc PO Box 207 Auburn, WA 98071 Phone: (253)333-9477 Fax: (253)333-9478 < Cost LoV Plan Job# Code Description 81dg# TyPe Qry 402N;!99 0·028000 Sidewalk Strips/Street Trees Site Site 0.00 4022-899 0-028000 Tre,ct A" Entry/Monument Site Site 0,00 4022-999 0-028000 Tract E " Park Site Site 0,00 4022-899 0-02BOOO Tract C" Retention pond Site Site 0,00 4022-999 0-028000 Weiland/Buffet Restoration Site Site 0,00 4022·999 0-02BOOO We~and Clearing Site Site 0.00 Total Conlr.ct: All Contract amounts do not include tax. UotM All Contract amounts are fixed price, no adjustment for commodities increases. etc. Contract 10: 4022-028001Z Contract Date: 7/112015 Vendor #: 916400 Total TOlal Completed Previous Amount To Date Application '5,071.15 12,151.61 15,558.48 6,661.51 6,S47.15 3,920,00 82,308.88 Total Due This Appllcation Line Item 1 2 , , 5 6 Initialsl ~/ /1 J ( (\ VI De~~~~raw ¢i -. City ?f'" . . ... -..::..-........-~l~, ( rw' r l. July 28, 2014 Aron Golden Conner Homes Group, LLC 846}08~ Ave NE, Suite 200 Bellevue, WA 98004 Community & Economic Development Department C.E."Chi p"Vi ncent, Ad m in istrator SUBJECT: REQUEST FOR SIGNED PLAN SETS AND NOTICE OF LOT LINE ADJUSTMENT APPROVAL Panther Lake Lot Line Adjustment, lUAl4-000190, LLA Dear Mr. Golden: The City of Renton has finished reviewing your proposed lot line adjustment and is now ready to send the final version for recording. Please submit five sets of original signed lot line adjustment plan sets and a check for $15.81 made out to Champion Couriers to my attention at the sixth floor counter of Citv Hall. Please verify that the plan sets have been signed by all owners of record and have been notarized with an ink stamp (not embossed). The ink stamp must be legible so that King County will promptly record the lot line adjustment. This decision to approve the proposed lot line adjustment is subject to a fourteen (14) day appeal period from the date of this letter. Any appeals of the administrative decision must be filed with the City of Renton Hearing Examiner by 5:00 pm, August, 11, 2014, Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information on the appeal process may be obtained from the City Clerk's Office, (425) 430-6510.· If you have further questions regarding this project, please call me at (425) 430-7289 . . Sincerely, Clark H. Close Associate Planner cc: Evan Mann I Contact Yellow file Renton City Hall • 1055 South Grady Way. Renton, Washington 98057 • rentonwa.gov • July 25, 2014 Evan Mann ESM Consulting Engineers 33400 8th Av S. Suite 205 . Federal Way, WA 98003 Re: Final Decision for Panther lake Preliminary Plat LUA-14-000190 . Dear Mr. Mann: City Clerk -Bonnie I.Walton Attached is your copy of the Hearing Examiner's Final Decision dated July 25, 2014, in the above-referenced matter. If I can provide further information, please feel free to contact me. Sincerely, (! 1~C;6 JaSOn~~h Deputy City Clerk Enc.: Hearing Examiner's Decision cc: Hearing Examiner Clark Close, Associate Planner Jennifer Henning, Current Planning Manager Neil Watts, Development Service Director Sabrina Mirante, Development Services Parties of Record (12) 1055 South Grady Way. Renton, Washington 98057 • (425) 430-6510 / Fax (425) 430-6516. rentonwa.gov T .' AH3i1,,-o!)-008-~ WOl"JtaaAe"MMM. , , , James Denzer 18655 108th Av SE Renton, Wa 98055 Carol Berdan P.O. Box 58421 Renton, WA 98058 Larry DeCamp 18820 106th Av SE Renton, WA 98055 Aron Golden Conner Homes 846 108th Av NE, Suite 200 Bellevue, WA 98004 ( w~dn-dod p.loqa.. 81 J8liVA.isU I ap uy.e a.mLlle~ 21 Ii! z8Ud8Y Douglas Worth 1217 Coral Dr. W Fircrest, WA 98466 Leslie Lansing 14620 205 th Av SE Renton, WA 98059 Dianna Down 18923 106th Av SE Renton, WA 98055 Sanford & Nancy Heins 10623 SE 18th St Renton Wa 98055 :l,uaWa6Jel.p ap sues '" ®09~S ~H31\\1 ~jJeqe6 al zas!l!~n Jalad ~ Salpel saw>nD!~~ Mike Kohr 25802 68 th Av Kent, WA 98032 Tammy Deacy 18825 108th Av SE Renton, WA 98055 EP Enterprise Properties LLC 18819 108th Av SE Renton, WA 98055 Evan Mann ESM Consulting Engineers 33400 8th Av S, Suite 205 Federal Way, WA 98003 Thomas & Shirley Gough 18819 108th Av SE Renton, WA 98055 r , , , ~LS e~eldwe.1 fll.J9A\1 asn SI8q1rJ ®fWd Mv3 CITY OF RENTO.l" DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: July 14, 2014 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 Project Name: Panther Lake Preliminary Plat LUA (file) Number: LUA-14-000190, ECF, LLA PP, MOD Cross-References: AKA's: Project Manager: Clark Close Acceptance Date: May 21, 2014 Applicant: Aron Golden Owner: Gough, Denzer, Worth, Deacy, Lansing, EP Enterprises Contact: Evan Mann, ESM Engineers PXD Number: 6623400053, 3223059148, 3223059344, 6623400050, 6623400054, 3223059123, 3223059273 ERC Determination: DNS-M Date: June 26, 2014 Appeal Period Ends: July 11 2014 Administrative Decision: Date: Appeal Period Ends: Public Hearing Date: July 15, 2014 Date Appealed to HEX: By Whom: HEX Decision: Date: Appeal Period Ends: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: The applicant is requesting SEPA Environmental Review, Preliminary Plat approval, a Critical Area Exemption, a Lot Line Adjustment, and a street modification for a 34-lot subdivision. The 7.92-acre site is located within the Residential-8 dwelling units per acre (R-8) zoning classification. The subject property is a collection of seven parcels located on the west side of 10Sth Ave SE just north of SE 192nd St. Location: 18655 & 18S25 10S'h Ave SE Comments: ERC Determination Types: DNS -Determination of Non-Significance; DNS-M -Determination of Non-Significance-Mitigated; OS -Determination of Significance. January 16, 2015 Aron Golden Conner Homes Group, LLC 846 108'h Ave NE, Ste 200 Bellevue, WA 98004 Community & Economic Development Department C.E."Chip"Vincent, Administrator SUBJECT: SPACING DEVIATION REQUEST DETERMINATION Greenleaf Preliminary Plat, lUAl4-000190, ECF, PP, LLA, MOD Dear Mr. Golden: This letter is written in response to your Greenleaf subdivision driveway design deviation request to WSDOT's standard requirements under WAC 468-52-040 (3) for managed access points on SR-515. The project is proposing two separate connections to 108'h Ave SE (SR-515). The first deviation request is for access spacing that includes replacing two existing driveways with a public intersection between 18647 and 18655 108'h Ave SE (MP 4.3S). The distance to the nearest driveway, from the main entrance of the 34-lot subdivision, is 185 feet to the north and 175 feet to the south. The second access point is a secondary emergency driveway access on the north property line of 18819 10S'h Ave SE (MP 4.33) that is 80 feet away from the driveway to the north and 45 feet away from the driveway to the south. The spacing of driveways near these two mileposts does not meet the standard requirements of 330 feet, nor can any feasible alternative. The collision rate in the area has been determined to be lower than the average statewide rate for Principal and Minor Arterials and adequate entering and stopping sight distance have been confirmed along SR-515 for both proposed access points and corner clearances. Staff has completed a review of the subject request and finds the proposed driveway access spacing deviation and corner clearances 'are approved as submitted. Please refer to the enclosed Greenleaf Design Deviation Request and Greenleaf Channelization Plan for more information. If you have any further questions, please call me at (425) 430-7289. Sincerely, (~ I). C6-----__ _ ---Clark H. Close Associate Planner Enclosures cc: Brianne Gastfield I Contact Berdan; Deacy; DeCamp; Down EP Enterprise Properties lLC; Gough; Heins; Kohr; Worth; / Parties of Record Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov Recommended for APproval ", fJate '1:, By __ ~----~-.- ; ',~ ,,-~ . .. ,. , , II ~;-t't' " . ~. , ., , GREENLEAF Design Deviation Request (Driveway Access Spacingl January 6. 2015 Prepared for Conner Homes 846-108th Avenue NE. Suite 200 Bellevue. WA 98004 Submitted by ESM Consulting Engineers. LLC 33400 8th Avenue S. Suite 205 FederalVVay. VVA 98003 253.838.6113 tel 253.838.7104 fax www.esmcivil.com January 6, 2015 Approved By: City of Renton DESIGN DEVIATION REQUEST (Driveway Access Spacing) FOR GREENLEAF Prepared for: Conner Homes S46-1 OSth Avenue NE, Suite 200 Bellewe, WA 9S004 Prepared by: ESM Consulting Engineers 33400 Sth Avenue S, Suite 205 Federal Way. WA 9S003 Job No. 258-044-013 Date '9S:;'CDISUITINB ENGINEERS lit January 6, 2015 Mr. Clark Close Planner City of Renton, Planning Division 1055 South Grady Way Renton, WA 98057 RE: GREENLEAF -DRIVEWAY SPACING DEVIAllON ON SR-515 Dear Clark, 258-044-01 3 The following is a design deviation request to WSDOl's standard requirements for driveway spacing separating the Greenleaf project access points on SR-515 from other existing driveways. Greenleaf Parcel #'s: 662340-0050, -0053, -0054; 322305-9123, -9148, -9273, -9344 Greenleaf Site Address: 18655,18647,18817 and 18825 108th Avenue SE (SR-515) SR-515 DESCRIPTION Route Designation: Project Umit: Posted Speed: Current ADT: Managed Access: Principal Arterial Public Intersection at MP 4.38 and Emergency/Secondary Driveway at MP 4.33 on SR-515 40 MPH 28,000 Class 3 EXISTING CONDITIONSIPROJECT OVERVIEW State Route 515 is currently a 5-lane state highway that includes two northbound lanes, two southbound lanes and one center two-way left tum lane. The Greenleaf Plat is a 34 lot single family residential subdivision that proposes a public intersection at MP 4.38 and an emergency/secondary driveway access at MP 4.33 on SR-515. The current Greenleaf property consists of two single family dwellings which will be demolished as part of the project The two existing driveways for these residences will be replaced by the projecfs public intersections. The project is bordered by Single family homes that access SR-515 using private driveways. The distance to the nearest driveway from the proposed public intersection is 185 feet on the north and 175 feet to the south. The distance to the nearest driveway from the emergency/secondary driveway access Is 80 feet on the north and 45 feet to the south. Please see the attached Driveway Spacing Map. ESM F." .... I Way 33400 Ith Ave S. St. 2D' F,d,ral Wilf, WA 98003 253.'3&.6113 IlL 100.345.5694 loti free 253.131.7104 '11( £5l1li EVtrltU lOlD SE EwnH M.lI WI,.. St. 210 EY4IrI'u. WI!. 9a201 425.297.'"01.1 166.,"',614" toll fr •• 425.297."01 f •• CI",I! e:ng'l1eerln~ L,lIld SIJneYlng JO Lase' S.CJIl;'-l'1g L..ne P!';""'rlq L~rrds'JPc Ard'llec!~re CIS Mr. Clark Close JanualY 6, 2015 Page 2 SR-51S currently has an access classification of Class 3 according to the WSDOT Access Control Tracking System. The project access will need to meet the access standards for a Class 3 access defined under WAC 468-52-040 (3)(b)(ii) and summarized below: (ii) Private direct access: (A) No more than one access shall be provided to an individual parcel or to contiguous parcels under the same ownership unless it can be shown that additional access points would not adversely affect the desired function of the state highway in accordance with the assigned access classification, and would not adversely affect the safety or operation, of the state highway. (8) The minimum distance to another public or private access connection shall be three hundred thirty feet Nonconforming connection permits may be issued to provide access to parcels whose highway frontage, topography, or location would otherwise preclude issuance of a conforming connection permit (C) Variance permits may be allowed if conditions warrant and are demonstrated to the satisfaction of the department by a traffic analysis, signed and sealed by a qualified professional engineer, who is registered in accordance with chapter 18.43 RCW, which is included with the connection permn application. The current access configuration for Greenleaf does not meet the standards defined above. It is understood that the City of Renton has been given permitting authority by WSDOT. As such the following request for a deviation from the access standards is submitted for the City's review and approval. PROPOSED DESIGN AND JUSTIFICATION The project proposes to construct 34 single family homes that will access SR-515 from a public intersection on the north side of the project and an emergency/secondary access on the south side of the project The north access will replace two existing driveways at the same location. The south access will be a secondary access point to the project and is located as far away from existing driveways as possible. The surrounding properties are single family homes with driveway access onto SR-515. These driveway access points are considered to result in very little traffic on SR-515 and is a factor in the low rate of collisions on the highway. A traffic study was prepared by Jake Traffic Engineering, Inc., titled Trip Generation, Access Review and TIF Traffic Letter, dated November 4, 2013. This traffic report was provided to the City of Renton as part of the project's Preliminary Plat Application. The traffic analysis found that accident rate along SR-515 in the project vicinity is lower than the average and no apparent issue is noted. The following is an excerpt from the above noted traffic study: WSDOT electronically provided 3 years (January 1, 2010 to December 31, 2012) of accident data for SR -515 in the vicinity of the development site. I have reviewed the data, in particular in the site viCinity of -MP 4.3. Thirteen incidents are noted between MP 4.11 (n/o SE: 192nd St) and 4.87 (s/o SE 200th St) in the 3 year time period. These 13 incidents correlate into an accident rate of about 0.6 incidents per million vehicle miles. The WSDOT 2011 Washington State Collision Data Summary identifies a collision rate of 2.07 and 2.57 incidents per million vehicle miles for Urban Principal and Minor Arterials, respectively. Mr. Clark Close January 6, 2015 Page 3 The above WSDOT accident rates are per million vehicle miles. SR-515 is a Principal Arterial. The calculated accident rate on SR-515 in the site vicinity is lower than the average and no apparent issue is noted. ALTERNATE DESIGN The project site is surrounded by existing homes with driveway access onto SR-515. There are no feasible altematives that would create additional spacing between these driveways and the proposed project access points (without reducing the spacing between other existing driveways) unless major modifications to the existing highway configuration are made. A driveway spacing deviation was granted on the above noted basis to the Melrose 185 Short Plat project immediately north of the Greenleaf project CONCLUSION The project is surrounded by Single family residences with direct driveway access to SR-515, producing a relatively small volume of traffic on the roadway. The spacing of the driveways in the area does not currently meet the standard reqUirements of 330 feet Nor can any feasible alternative. However, the safety of vehicles traveling and entering onto SR-515 is essential. The main access for the proposed project replaces two existing driveways and both access points are located as far away from existing driveways as possible. The collision rate in the area is lower than the average statewide rate for Principal and Minor Arterials. Adequate entering and stopping sight distance have been confinned along SR-515 for both proposed access points. It is requested that the driveway spacing deviation for the Greenleaf project be approved based on the above existing conditions and findings. If you need any further information or have any questions please contact me at (253) 838-6113. ~i rely, ( , I • -r i ~Jl;'+l-Ch . BRIANN~~~ LE~~ AP Principal Enclosures: Vicinity Map Driveway Spacing Map \\Esm8\e11grlES~OBS\25B\044\013\document\Letter.Q09.doc ----.------------------III • 0 • 0 .e ~ 0 • • ,-----,----00_" 00><, SNVld V\I~Ol.S 'Ii' aVOH .::IV3lN331::18 Sanford & Nancv Heins 1062.3 SE l87th St Renton. WA 98055 Douglas Worth 1217 Coral Dr W Fircrest. WA 98466 Carol Berdan PO Box 58421 Renton. WA 98058 Larrv DeCamp 18820 l06th Ave SE Renton. WA 98055 Aron Golden Conner Homes 846 l08th Ave NE, 200 Bellevue. WA 98004 Thomas and Shirlev Gough 18819 108th Ave SE Renton. WA 98055 Tammv Deacv 18825 108th Ave SE Renton. WA 98055 GREENLEAF LAROSA LLC 14620 205th Ave SE Renton. WA 98059 Dianna Down 18923 106th Ave SE Renton. WA 98055 like Kohr 25802 68th Ave Kent. WA 98032 Greenleaf Laroza, LLC 846 108th Ave NE, #200 Bellevue. WA 98004 EP Enterprise Properties LLC 18819 108th Ave SE Renton. WA 98055 EVan Mann ESM Consulting Engineers 33400 8th Ave S, Suite 205 Federal Way. WA 98003 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 CITY OF RENTON ,JUl 2 5 2014 RECEIVED CITY CLERK'S OFFICE BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Panther Lake Preliminary Plat ) ) ) FINAL DECISION ) LUA14-000190 ) ) ) ) ) SUMMARY The applicant requests preliminary plat approval and a street modification for a 34-lot subdivision located on the west side of 1 08th Ave SE just north of SE 192nd st. The preliminary plat application is approved with conditions, The street modification is also approved, TESTIMONY Clark Close, Renton Planner, summarized the staff report. Mr, Close noted that recommended condition 5 should be modified to require wetland mitigation to be completed prior to final plat approval as opposed to approval of construction permits, Condition 14 should include Lot 23 and should clarifY that Lot 20 can be accessed from the cuI de sac or the private driveway, Steve Lee, Renton Public Works, noted that condition 12 should be modified to refer to flow control as 24 opposed to erosion control. Mr, Close clarified that no road connection to the south is possible due to the presence of a Class IV stream, 25 26 Alan Boeker, applicant representative, testified that the applicant is in agreement with the staff PRELIMINARY PLAT - I 1 recommended conditions except for Condition No. 14. 2 3 Eric LaVrie, applicant's engineer, testified that the 20 foot shared driveway width required by Condition 14 is inconsistent with RMC 4-6-060(K), which only requires a 16 foot easement with 12 foot wide driveway. The applicant understands that the added width requirement comes from the fire 4 department, but the homes served by the shared driveway will be sprinklered. The added width impacts Lots 19 and 20, which in turns affects other portions of the plat. Lots 8-11 have shared driveway access with a 20 foot easement width solely because a sewer easement is also located in 6 that shared driveway area as well as a retaining wall. 5 7 8 9 Steve Lee, Renton Public Works, noted that the 20 foot access requirement comes from the fire department to provide sufficient room for fire department access. Sprinkler systems only delay fire and do not serve as a substitute for adequate fire access. Vanessa Dolbee, planning manager, stated that staff would not be opposed to modifying Condition 10 14 in order to allow the driveway width to be reduced upon approval from the fire department. II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Mr. LaVrie noted that the shared driveway is short enough to be fully accessed by the fire department's 150 foot hoses. EXHIBITS Exhibits 1-32 listed on page 2 of the July 15, 2014 Staff Report, in addition to the Staff Report itself (Ex. I), were admitted into evidence during the public hearing. Additional exhibits admitted during the hearing are the following: Exhibit 33 Exhibit 34 Exhibit 35 Exhibit 36 Exhibit 37 Procedural: City PowerPoint presentation IFC Section 503 Preliminary Road and Utility Plan Revised Preliminary Plat, revised 6/23/14 July 17,2014 email from Clark Close to Hearing Examiner with Attachments (including 7/17114 email from Duana Kolouskova) FINDINGS OF FACT PRELThllNARYPLAT-2 Applicant. Conner Homes Group, LLC. I l. 2 2. Hearing. The Examiner held a hearing on the subject application on July 15, 2014 in the City of Renton Council City Chambers at 10:00 am. The hearing was held open through July 16, 3 2014 to provide IFC code sections governing staff recommended Condition No. 14. The applicant 4 was given until July 18, 2014. 5 3. Project Description. The applicant requests Preliminary Plat approval, a Lot Line 6 Adjustment, and a street modification for a 34-lot subdivision on a 7.92 acre project site composed 7 of seven lots located on the west side of 1 08th Ave SE just north of SE 192nd St. 8 The 34 lots would result in a net density of 5.35 dulac. Lot sizes would range from 4,500 sf to roughly 6,278 sf with an average lot size of5,318 sf. In addition to the 34 lots, five (5) tracts are proposed for 9 sensitive areas, storm drainage, and recreational areas. Four lots will be served via a 20-foot shared 10 private driveway (Lots 8, 9, 10, and 26) and three lots are proposed to be served via a 16-foot shared private driveway (Lots 20, 21, and 22). 11 12 13 The site currently contains four (4) single family residences and several detached structures. Two (2) of the four (4) single family structures and detached garages are proposed for demolition. Topographically, the overall site slopes from east to west with elevation changes from 490 feet to 420 feet across the entire project site. The very western edge of the property drops significantly down to 14 Panther Creek (Exhibit 5). The steepest slope on the developable portion of the property is 15 16 17 18 19 20 21 22 23 approximately 15%. Slopes exceed 20% alongside the western boundary of the property. The applicant is requesting a street modification, from RMC 4-6-060, in order to eliminate the requirement for frontage improvements along 108th Ave SE. In order to meet the City's complete street standards, street improvements including an 8-foot planting strip behind the existing curb, a 12- foot sidewalk (shared bike/pedestrian), a 2-foot strip back of sidewalk, storm drainage, and street lighting would be required. The applicant has identified the following four reasons for justification of the street modification: I) The total length of the frontage improvements that would be installed are only about 125', once the intersection and curb returns are taken into account. This minimal length of improvements would result in awkward transitions to and from the existing improvements and would result in little, if any public benefit; 2) There are no similar improvements along the entire 7 -mile stretch of Benson Road S from S Grady Way to SE Kent-Kangely Road (SR-516); 3) It is highly unlikely that the City of Renton will be retrofitting this stretch of roadway in the next 10-years; and 4) the applicant is not aware of any City plans to construct these improvements within the next 10-years. In addition landscaping will be provided near the entrance to enhance the entry to the plat and along 24 the additional frontage right-of-way. Tract A will be designated for landscaping and plat 25 26 monumentation. Staff is recommending approval of the street modification at the entry as proposed. PRELIMINARY PLAT -3 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4. Adequacy of InfrastructurelPublic Services. The project will be served by adequate infrastructure and public services as follows: A. Water and Sewer Service. This site is located in the Soos Creek Water District service boundary. Sewer service will be provided by Soos Creek Sewer District. Water and sewer certificates have been provided to the City. Ex. 25. B. Police and Fire Protection. Police and Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provides Code required improvements and fees. Fire impact fees are applicable at the rate of $479.28 per single family unit. This fee is paid at time of building permit issuance. C. Drainage. The proposal provides for adequate stormwater drainage facilities. As verified by engineering staff, the applicant has completed the preliminary design for a stormwater system that will ensure that post stormwater flow conditions match the flow duration and volumes of the pre-development forested condition as required by the City's stormwater regulations. The applicant's Preliminary Technical Information Report (Exhibit 14) states that water quality treatment will be provided by a storm filter vault, followed by a stormwater detention pond located in the southwest portion of the site and will discharge to the west toward Panther Creek. The subdivision is subject to full drainage review in accordance with the 2009 King County Surface Water Manual and City of Renton Amendments to the KCSWM, Chapters I and 2. Appropriate Best Management Practices (BMPs) from the Washington State Department of Ecology Manual for individual lot flow control will be required to help mitigate the new runoff created by this development. The northwest corner of the project proposes to provide a storm filter manhole to treat the bypass area before discharging near the west property line. Pursuant to Staff recommendation, the conditions of approval require the applicant to use an oversized level spreader. D. Parks/Open Space. City ordinances require the payment of park impact fees prior to building permit issuance. RMC 4-2-115, which governs open space requirements for residential development, does not have any specific requirements for open space for residential development in the R-8 district. In the absence of any specific standards for dedication of park and open space land, the park impact fees must be construed as providing for adequate parks and open space. The proposed preliminary plat also PRELIMINARY PLAT - 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 contains a 5,597 square foot open space tract, a 49,228 square foot open space/sensitive areas tract and a 4,80 I park tract. E. Streets. The proposed on-site road improvements in conjunction with the City'S transportation impact fees assures that the proposal will be served by adequate streets. As to specific off-site impacts, no off-site improvements are necessary. City staff have subjected the proposal to a concurrency test and found it to not violate the City's transportation level of service standards. See Ex. 20. A Traffic Impact Analysis prepared by Jake Traffic Engineering, Inc. (dated January 22, 2014; Exhibit 15) was submitted with the application materials. The proposed 34-lot subdivision would generate 305 new trips: 24 and 32 trips during the weekday, AM and PM peak hour, respectively. The report concludes that no classified city intersections would be effected by the proposal. There is no evidence to the contrary and the conclusions of the report are taken as verities. As to the mitigating general off-site transportation impacts of the proposal, impacts are adequately covered by the City's transportation impact fees, paid by the applicant during building permit review. The proposal also provides for adequate on-site transportation facilities and improvements. Access to the plat is proposed via 108th Ave SE via one new curb cut, which is included as part of the plat improvements. Internal access is proposed via a new road network that includes a cul-de-sac near the south end of the property and a future connection back to lOSth Ave SE (based on the revised plat plan, Exhibit 36). The future connection will connect to a 20-foot secondary access road/utility easement for emergency access to 10Slh Ave SE. The emergency road will be gated and used only for emergency purposes. The applicant is requesting the waiver of frontage improvement requirements to 108th Ave SE, which has been approved by this decision pursuant to staff's recommendation. Staff has reviewed the on-site transportation facilities and found them to be adequate and to meet City code. There being no evidence to the contrary, it is determined that the proposal provides for adequate on-site transportation facilities and improvements. F. Parking. Sufficient area exists, on each lot, to accommodate required off street parking for a minimum of two vehicles per dwelling unit as required by City code. G. Schools. School facilities are adequate to serve the development. The staff report notes that it is anticipated that the Renton School District can accommodate any additional PRELThnNARYPLAT-5 2 3 4 5 6 7 8 9 students generated by this proposal at the following schools: Benson Hill Elementary (0.68 miles from the subject site), Nelsen Middle School (1.72 miles from the subject site), and Lindbergh High School (2.54 miles from the subject site). School impact fees will be collected to ensure that there are adequate school capital facilities to serve the development. All school children will be bussed to school, so there is no direct issue of safe walking conditions to and from school. The bus stops for all three schools serving the site are identified in Exhibit 26. A 5-foot sidewalk exists along 108th Ave SE and SE I 80th St between the subject site and the designated bus stops, which would provide a safe walking route from the proposed subdivision to the bus stop. 5. Adverse Impacts. There are no adverse impacts associated with the proposal as detailed 10 below. 11 12 13 Adequate public facilities and drainage control are provided as determined in Finding of Fact No.4. All impacts to critical areas will be fully mitigated through measures required by the conditions of approval and SEP A mitigation measures. The site contains five (5) Category 3 wetlands (Wetlands 14 A-E), a Class 4 stream, sensitive slopes alongside the western boundary of the property, and there is a Class 2 stream (Panther Creek) located off-site with a buffer extending onto the subject site. The applicant has submitted a Critical Area Report & Supplemental Stream Study. A geotechnical report for the site was prepared by Earth Solutions, NW (dated September 23,2013; Exhibit II); the report states that the proposed development activity is feasible and would not decrease stability of the site or surrounding properties. The SEP A mitigation measures require compliance with the recommendations and mitigation measures in the geotechnical report and the critical areas report. A fmal mitigation plan in conformance with the City's critical area regulations will be required to be completed prior to final plat approval as a condition of approval. 15 16 17 18 19 20 21 22 23 24 25 26 The administrative record does not address flooding, but it is determined that the proposal is not located within a floodplain or floodway. Staff review a proposal for the presence of critical areas and did not identify the presence of any floodplain or floodway. There is nothing in the record to otherwise suggest the presence of a floodplain or floodway. The proposal provides for adequate tree mitigation a required by the City's tree retention regulations, RMC 4-4-130. There are 190 significant trees on the site and the applicant is proposing to retain 24 original trees (Exhibit 6). As required by RMC 4-4-130, after street and critical area deductions, and the minimum requirement to retain 30%, the applicant must retain 44 trees. RMC 4-4-130(H)(l)(e) authorizes the replacement of trees required to be maintained by the installation of 12" DBH (diameter at breast height) tree inches per removed tree. The applicant is only proposing to maintain 24 of the required 44 trees. Consequently, it must provide for 240 DBH of replacement trees. The PRELIMINARY PLAT - 6 1 2 3 4 5 applicant is proposing to install a minimum of 120 new trees at 2" DBH to achieve the 240 required replacement inches. Conclusions of Law 1. Authoritv. RMC 4-8-080(G) classifies preliminary plat applications as Type III permits 6 when Hearing Examiner review is required. RMC 4-8-080(G) classifies modifications, deviations 7 8 and alternatives of various code standards, such as the street standard modification request in this proposal, as Type 1 permits, which are administratively approved by Staff with no required hearing. The requested street modification has been consolidated with the preliminary plat application. RMC 9 4-8-080(C)(2) requires consolidated permits to each be processed under "the highest-number procedure". The preliminary plat has the highest numbered review procedure, so the preliminary plat 10 11 12 \3 14 15 16 17 18 19 20 21 22 23 and street modification request must be processed as Type III applications. As Type III applications, RMC 4-8-080(G) grants the Examiner with the authority to hold a hearing and issue a final decision on them, subject to closed record appeal to the City Council. 2. Zoning/Comprehensive Plan Designations. The subject property is zoned Residential 8 dwelling units per net acre (R-8). The comprehensive plan map land use designation is Residential Low Density (RLD). 3. Review Criteria. Chapter 4-7 RMC governs the criteria for subdivision review. RMC 4-9- 250(D)(2) governs the criteria for granting modifications to street standards. Applicable criteria are quoted below in italics and applied through corresponding conclusions oflaw. RMC 4-7-080(B): A subdivision shall be consistent with the following principles of acceptability: 1. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code. 2. Access: Establish access to a public road for each segregated parcel. 3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied because of flood, inundation, or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water 24 supplies and sanitary wastes. 25 4. As to compliance with the Zoning Code, Conclusion 1(2) of the staff report is adopted by 26 reference as if set forth in full. As depicted in the revised plat map, Ex. 36, each proposed lot will PRELThflNARYPLAT-7 I 2 3 access a public road, Road A or B. As determined in Finding of Fact No.4 and 5, the project is adequately designed to prevent any impacts to critical areas and will not cause flooding problems. As determined in Finding of Fact No.4, the proposal provides for adequate public facilities. 5. RMC 4-7-080(1)(1): ... The Hearing Examiner shall assure conformance with the general 4 purposes of the Comprehensive Plan and adopted standards ... 5 6 7 8 9 10 11 12 6. The proposed preliminary play is consistent with the Renton Comprehensive Plan as outlined in Conclusion 1(2) of the staff report, which is incorporated by this reference as if set forth in full. RMC 4-7-120(A): No plan for the replatting, subdivision, or dedication of any areas shall be approved by the Hearing Examiner unless the streets shown therein are connected by swiaced road or street (according to City specifications) to an existing street or highway. 7. Road B connects to Road A which connects to 108 th Ave SE. RMC 4-7-120(B): The location of all streets shall conform to any adopted plans for streets in the City. 8. The City's adopted street plans are not addressed in the staff report or anywhere else in the 13 administrative record. However, as shown in aerial photograph in the staff report and from answers 14 15 16 to Examiner questions during the hearing, there are no other street connections possible due to the presence of critical areas and existing development patterns. RMC 4-7-120(C): If a subdivision is located in the area of an officially designed [sic} trail, provisions shall be made for reservation of the right-oi-way or for easements to the City for trail 17 purposes. 18 9. There is nothing in the record to suggest that there is any designated public trail within the . 19 20 21 22 23 24 25 vicinity of the proposal. RMC 4-7-130(C): A plat, short plat, subdivision or dedication shall be prepared in conformance with the following provisions: 1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes land with features likely to be harmful to the safety and general health of the future residents (such as lands adversely affected by flooding, steep slopes, or rock formations). Land which the Department or the Hearing Examiner considers inappropriate for subdivision shall not be subdivided unless adequate safeguards are provided against these adverse conditions. a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is 26 subject to flooding or inundation, that portion of the subdivision must have the approval of the State PRELIMINARY PLAT - 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider such subdivision. b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation of a lot or lots that primarily have slopes forty percent (40%) or greater as measured per RMC 4-3- 050Jla, without adequate area at lesser slopes upon which development may occur, shall not be approved. 3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Retention and Land Clearing Regulations. 4. Streams: a. Preservation: Every reasonable effort shall be made to preserve existing streams, bodies of water, and wetland areas. b. Method: If a stream passes through any of the subject property, a plan shall be presented which indicates how the stream will be preserved. The methodologies used should include an overflow area, and an attempt to minimize the disturbance of the natural channel and stream bed. c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when going under streets. d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris and pollutants. 10. The land is suitable for a subdivision as the stormwater design assures that it will not contribute to flooding and development will not encroach into critical areas except as authorized by the City's critical area regulations. No piping or tunneling of streams is proposed. Trees will be retained as required by RMC 4-4-130 as determined in Finding of Fact No.5. The on-site stream will be protected by the critical area buffer that applies to it. The City'S stormwater regulations 21 provide for adequate protection of water quality for the on-site stream and wetlands. 22 RMC 4-7-140: Approval of all subdivisions located in either single family residential or multi- 23 family residential zones as defined in the Zoning Code shall be contingent upon the subdivider's 24 25 26 dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the adverse effects of development upon the existing park and recreation service levels. The requirements and procedures for this mitigation shall be per the City of Renton Parks Mitigation Resolution. PRELIMINARY PLAT - 9 1 11. RMC 4-1-190 requires the payment of park impact fees in lieu of dedication of park land. 2 3 4 5 6 7 RMC 4-1-190 sets the standard for adequacy of park mitigation. In this case the applicant has also dedicated some park land it that dedication may qualify under RMC 4-1-190 to offset some of the park impact fees. RMC 4-7-1S0(A): The proposed street system shall extend and create connections between existing streets unless otherwise approved by the Public Works Department. Prior to approving a street system that does not extend or connect, the Reviewing Official shall find that such exception shall meet the requirements of subsection £3 of this Section. The roadway classifications shall be as defined and designated by the Department. S 12. As previously determined, the only possible street connection is to 10Sth Ave SE due to 9 10 11 12 13 14 15 16 17 IS 19 critical areas and existing development. The Public Works Department has reviewed and recommended approval of the proposed street configuration. RMC 4-7-1S0(B): All proposed street names shall be approved by the City. 13. As conditioned. RMC 4-7-1S0(C): Streets intersecting with existing or proposed public highways, major or secondary arterials shall be held to a minimum. 14. 1 OSth Ave SE is classified as an arterial, but there is no other connection possible for the development. RMC 4-7-1S0(D): The alignment of all streets shall be reviewed and approved by the Public Works Department. The street standards set by RMC 4-6-060 shall apply unless otherwise approved. Street alignment offsets of less than one hundred twenty five feet (125') are not desirable, but may be approved by the Department upon a showing of need but only after provision of all necessary safety measures. 20 15. As determined in Finding of Fact 4, the Public Works Department has reviewed and 21 22 23 24 25 26 approved the adequacy of streets, which includes compliance with applicable street standards. RMC 4-7-1S0(E): 1. Grid: A grid street pattern shall be used to connect existing and new development and shall be the predominant street pattern in any subdivision permitted by this Section. 2. Linkages: Linkages, including streets, sidewalks, pedestrian or bike paths, shall be provided within and between neighborhoods when they can create a continuous and interconnected network of roads and pathways. Implementation of this requirement shall comply with Comprehensive Plan PRELlMINARYPLAT-IO I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Transportation Element Objective T-A and Policies T-9 through T-16 and Community Design Element, Objective CD-M and Policies CD-50 and CD-60. 3. Exceptions: a. The grid pattern may be adjusted to a "flexible grid" by reducing the number of linkages or the alignment between roads, where the followingfactors are present on site: i. Infeasible due to topographical/environmental constraints; and/or ii. Substantial improvements are existing. 4. Connections: Prior to adoption of a complete grid street plan, reasonable connections that link existing portions of the grid system shall be made. At a minimum, stub streets shall be required within subdivisions to allow foture connectivity. 5. Alley Access: Alley access is the preferred street pattern except for properties in the Residential Low Density land use designation. The Residential Low Density land use designation includes the RC, R-I, and R-4 zones. Prior to approval of a plat without alley access, the Reviewing Official shall evaluate an alley layout and determine that the use of alley(s) is not feasible ... 6. Alternative Configurations: Offset or loop roads are the preferred alternative configurations. 7. Cul-de-Sac Streets: Cul-de-sac streets may only be permitted by the Reviewing Official where due to demonstrable physical constraints no future connection to a larger street pattern is physically 16 possible. 17 16. As previously discussed, the street system provides for as much connectivity as is possible 18 19 20 21 22 23 given the presence of critical areas and existing development patterns. There are no trails or sidewalks to connect to outside the subdivision. Internally sidewalks are proposed along both sides of the dedicated public roads. Alley access is not required because the property is designated Residential Low Density. The criterion above is met. RMC 4-7-1S0(F): All adjacent rights-o.fway and new rights-o.fway dedicated as part of the plat, including streets, roads, and alleys, shall be graded to their full width and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the Planning/Building/Public Works Administrator or hislher designee. As proposed except for the street modification approved by this decision. 24 17. 25 RMC 4-7-1S0(G); Streets that may be extended in the event of future adjacent platting shall be required to be dedicated to the plat boundary line. Extensions of greater depth than an average lot 26 PRELIMINARY PLAT -II I 2 3 4 5 6 7 8 9 10 II 12 shall be improved with temporary turnarounds. Dedication of a full-width boundary street shall be required in certain instances to facilitate future development. 18. There are no further street extensions possible for the proposed subdivision due to the presence of critical areas and existing development patterns. RMC 4-7-170(A): Insofar as practical. side lot lines shall be at right angles to street lines or radial to curved street lines. 19. As depicted in Ex. 36, the side lines are in conformance with the requirement quoted above. RMC 4-7-170(B): Each lot must have access to a public street or road. Access may be by private access easement street per the requirements of the street standards. 20. As previously determined, each lot has access to a public street. RMC 4-7-170(C): The size. shape. and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type of development and use contemplated. Further subdivision of lots within a plat approved through the provisions of this Chapter must be consistent with the then-current applicable maximum density 13 requirement as measured within the plat as a whole. 14 15 16 17 18 19 20 21 22 23 24 25 26 21. As previously determined, the proposed lots comply with the zoning standards of the R-8 zone, which includes area, width and density. RMC 4-7-170(D): Width between side lot lines at their foremost points (i.e .. the points where the side lot lines intersect with the street right-ol-way line) shall not be less than eighty percent (80%) of the required lot width except in the cases of (1) pipestem lots. which shall have a minimum width of twenty feet (207 and (2) lots on a street curve or the turning circle of cul-de-sac (radial lots). which shall be a minimum of thirty five feet (357. 22. As shown in Ex. 36, the requirement is satisfied. RMC 4-7-170(E): All lot corners at intersections of dedicated public rights-ol-way. except alleys. shall have minimum radius of fifieen feet (157. 23. As conditioned. RMC 4-7-190(A): Due regard shall be shown to all naturalfeatures such as large trees. watercourses. and similar community assets. Such natural features should be preserved. thereby adding attractiveness and value to the property. 24. The critical area protection measures incorporated into the proposal satisf'y the criterion. PRELIMINARY PLAT -12 I 2 3 4 RMC 4-7-200(A): Unless septic tanh are specifically approved by the Public Worh Department and the King County Health Department, sanitary sewers shall be provided by the developer at no cost to the City and designed in accordance with City standards. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. 5 25. As conditioned. 6 7 8 9 RMC 4-7-200(B): An adequate drainage system shall be provided for the proper drainage of all surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of sufficient length to permit foll-width roadway and required slopes. The drainage system shall be designed per the requirements of RMC 4-6-030, Drainage (Surface Water) Standards. The drainage system shall include detention capacity for the new street areas. Residential plats shall also include detention capacity for future development of the lots. Water quality features shall also be designed to 10 provide capacity for the new street pavingfor the plat. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26. The proposal provides for adequate drainage that is in conformance with applicable City drainage standards as determined in Finding of Fact No.4. The City'S stormwater standards, which are incorporated into the technical information report and will be further implemented during civil plan review, ensure compliance with all of the standards in the criterion quoted above. RMC 4-7-200(C): The water distribution system including the locations of fire hydrants shall be designed and installed in accordance with City standards as defined by the Department and Fire Department requirements. 27. The water distribution system has already been subject to review by the City public works and fIre department staff to assure consistency with City standards. Further review will be done for fmal plat approval. RMC 4-7-200(D): All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking stn"p shall be placed in such a manner and depth to pennit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department. Such installation shall be completed and approved prior to the application of any suiface material. Easements may be required for the maintenance and operation of utilities as specified by the Department. 28. As conditioned. 25 RMC 4-7-200(E): Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line 26 by subdivider as to obviate the necessity for disturbing the street area, including sidewalh, or alley PRELIMINARY PLAT -13 2 3 improvements when such service connections are extended to serve any building. The cost of trenching. conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The subdivider shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to 4 final ground elevation and capped. The cable TV company shall provide maps and specifications to the subdivider and shall inspect the conduit and certifY to the City that it is properly installed. 5 6 7 8 9 10 II 12 13 14 29. As conditioned. RMC 4-7-210: A. MONUMENTS: Concrete permanent control monuments shall be established at each and every controlling corner of the subdivision. Interior monuments shall be located as determined by the Department. All surveys shall be per the City of Renton surveying standards. B. SURVEY: All other lot corners shall be marked per the City surveying standards. C. STREET SIGNS: 15 The subdivider shall install all street name signs necessary in the subdivision. 16 30. 17 18 19 As conditioned. Street Modification Section 4-4-080.F.l0.d allows modifications from the street standards for individual cases, provided the 20 modification meets the following criteria (pursuant to RMC 4-9-250.D.2): 21 22 23 24 25 26 a. b. c. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment; and Will not be injurious to other property(ies) in the vicinity; and Conform to the intent and purpose of the Cade; and d. Can be shown to be justified and required for the use and situotion intended; and e. Will not create adverse impacts to other property(ies) in the vicinity. PRELIMINARY PLAT -14 I 2 3 31. The street modification request identified in Finding of Fact No.3 meets the criterion above for the reasons identified in Finding of Fact No.3, specifically that the frontage improvements would not serve any purpose since there are no similar improvements to connect to on adjoining developments and there is no reasonable 4 chance that any similar improvements will be made on adjoining frontages in the foreseeable future. As further noted in FOF No.3, the length of improvements would be relatively minor and would involve awkward transitions to the access points of the subdivision. Given these factors, there are no safety or functional problems associated with the requested modification and no adverse impacts. For these reasons, all criteria 7 above are met. 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DECISION The proposed preliminary plat as depicted in Exhibit 3, lot line adjustment and Street Modifications are approved subject to the following conditions: 1. The applicant shall comply with the two mitigation measures issued as part of the Determination of Non-Significance Mitigated, dated June 23, 2014. 2. The applicant shall obtain a demolition permit and all required inspections for the removal of the existing single family residences and detached garages prior to Final Plat recording. 3. The applicant shall obtain all necessary state and federal authorization for wetland impacts prior to beginning any ground disturbing activities, within the wetlands and their buffers. 4. A final detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit issuance. 5. The applicant shall submit a Final Mitigation Plan for all construction impacts to the critical areas and their buffers. The Final Mitigation Plan shall be submitted to and approved by the Current Planning Project Manager prior to utility construction permit approval. All wetland mitigation, including required fencing and sign age shall be installed prior to final plat approval. 6. "Stormwater/Sensitive Areas Tract C," which includes both a stormwater pond and sensitive areas, shall be separated into two tracts in order to apply a Native Growth Protection Easement over the critical areas portion. 7. The applicant shall establish a Native Growth Protection Easement over that part of the site encompassing the remaining stream and wetland buffer areas, prior to Final Plat Recording. 8. The applicant shall be required to create a Homeowners' Association (HOAl with shared responsibility for maintenance of Native Growth Protection Easement and all shared improvements of this development, including but not limited to utilities, shared driveways, common landscaping, and park space. A draft of the document(sl shall be submitted to the PRELIMINARY PLAT -15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Current Planning Project Manager for review and approval by the City Attorney and Property Services prior to the recording of the final plat. 9. The applicant shall be required to either obtain a variance for the tree removal and resubmit the City of Renton Tree Retention Worksheet or redesign the plat to retain the trees located in Wetland E and it buffer. The updated tree retention plan and worksheet along with an approved variance shall be obtained prior to the issuance of a construction permit. 10. The applicant shall record, on the face of the plat, a minimum 5-foot restrictive building easement (no build) on the south lot lines of Lot 33 and Lot 34. 11. The applicant shall obtain approval for a Critical Area Exemption (also a Tier I permit) for all activities that will intrude into a critical area or required buffer according to the City of Renton Critical Areas Regulations in RMC 4-3-050C, J, L, and N. 12. The applicant shall be required to comply with Level 2 flow control by discharging storm water outfall using an energy dissipater located at the ordinary high water mark of Panther Creek within the drainage easement. 13. The applicant shall provide an oversized level spreader to treat the bypass area. 14. Access to Lots 21-23 must be served by a 20-foot wide shared private driveway, as depicted in Exhibit 35, subject to the discretion of the fire marshal to reduce that width upon further review during project engineering. 15. Each Preliminary Plat Sheet that is inconsistent with the revised Preliminary Plat Plan shall be revised and resubmitted to and approved by the Current Planning Project Manager prior to utility construction permit approval. 16. All proposed street names shall be approved by the City. 17. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15'). 18. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. 19. All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works. Such installation shall be completed and approved prior to the application of any surface material. Easements may be required for the maintenance and operation of utilities as specified by the Department of Public Works. 20. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of PRELIMINARY PLAT -16 I 2 3 4 5 6 trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The applicant shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the applicant and shall inspect the conduit and certify to the City that it is properly installed. 21. The applicant shall install all street name signs necessary in the subdivision prior to final plat approval. 22. The associated lot line adjustment application (LUA14-000190) shall be approved and recorded 7 prior to final plat approval. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DATED this 25th day of July, 2014. City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-11 0(E)(9) provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4-8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall-7th floor, (425) 430-6510. Affected property owners may request a change ill valuation for property tax purposes notwithstanding any program of revaluation. PRELIMINARY PLAT -17 PLAN REVIEW COMME :; (LUA14-000190) .~ --,.,......,.--, PLAN ADDRESS: 18655 108TH SE AVE RENTON, WA 98055-6432 APPLICATION DATE: 0211312014 DESCRIPTION: The applicant is requesting SEPA Environmental Review, Preliminary Plat approval, a Critical Area Exemption, a Lot Line Adjustment, and a street modification for a 34-lot subdivision. The 7.92-acre site is located within the Residential-8 dwelling units per acre (R-8) zoning classification. The subject property is a collection of seven parcels located on the west side of 1 08th Ave SE just north of SE 192nd St. Engineering Review July 14, 2014 The 34 lots would result in a density of 5.89 dwelling units per ac~e. Lot sizes would range from 4,500 square feet to 9,900 square feet with an average lot size of 5,233. In addition to the 34 lots 5 tracts are proposed for sensitive areas, storm drainage, and recreational areas. Access to the site would be gained from 1 Oath Ave SE. A new dead end public street (Road A and B) extended from 1 08th Ave SE would serve proposed Lots 1·7,11·17,18,22,23, and 27·34. Shared driveways extended from the new public roads to serve Lots 8·10, 19·21, and 24-26. The site currently contains four single family residences and several detached structures. Two of the four single family structures are proposed for demolition. Additionally, as part of the proposed Lot Line Adjustment the applicant intends on limiting the subdivision boundary to remove portions of Parcels E (662340·0053) and G (662340·0050) from the plat. The two existing homes, located on Parcels E and G, are proposed to remain following the recording of the Lot Line Adjustment. There are 190 significant trees on the site and the applicant is proposing to retain 24 trees. A stormwater pond is proposed within Tract C which would discharge into Panther Creek. The applicant has submitted a Wetland Report, Stream Report, Drainage Report, Traffic Impact Analysis, and a Geotechnical Engineering study with the application. The site contains five Category 3 wetlands (Wetlands A-E), a Class 4 stream, and there is a Class 2 stream (Panther Creek) located off site with a buffer extending onto the subject site. The applicant is proposing to fill one of the Category 3 wetlands and is proposing mitigation to compensate for any value lost. Finally, the applicant is requesting a street modification, from RMC 4·6-060, in order to eliminate the requirement for frontage improvements along lOath Ave SE. Jan lilian Ph: 425-430·7216 email: jillian@rentonwa.gov Recommendations: I have reviewed the application for Panther Lake Preliminary Plat generally located at 18655 - 1 08th Ave SE and have the foHowing comments: EXISTING CONDITIONS WATER Water service will be provided by Soos Creek Water and Sewer District. SEWER Sewer service will be provided by Soos Creek Water and Sewer District. STORM There is limited storm conveyance in 1 08th Ave SE. STREETS There is sidewalk curb and gutter fronting the site. CODE REQUIREMENTS WATER 1. Water service will be provided by Soos Creek Water and Sewer District. A water availability certificate has been provided with the site plan application. 2. New hydrants shall be installed per Renton's fire department standards to provide the required coverage of alllot5. 3. All plats shall provide separate water service stubs to each building lot prior to recording of the plat. SANITARY SEWER 1. Sewer service will be provided by Soos Creek Water and Sewer District. A sewer availability certificate has been provided with the site plan application. 2. All plats shall provide separate side sewer stubs to each building lot prior to recording of the plat. SURFACE WATER 1. A drainage plan and drainage report dated January 29, 2014 was submitted by ESM Engineering. The proposed 34 lot subdivision, zoned R-8, is subject to full drainage in accordance with the 2009 King County Surface Water Manual and City of Renton Amendments to the KCSWM, Chapters 1 and 2. All core and six special requirements have been discussed in the report. The 7.85 acre site is located within the Panther Creek Sub basin. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Condition and requires a flow control facility sized to match the flow duration of a forested condition. Since the site discharges to an erosive downstream discharge location that is classified as a Type 2 Drainage Problem (per City of Renton 2009 Surface Water Design Manual Amendment to the 2009 King County SWDM, page 1-31, Table 1.2.3.A), the project will be subject to the Flood Problem Flow Control Area (also referred as a Level 3 flow control). The applicant's engineer has designed a detention pond to be located along the southwest corner of the site and will discharge west. The project proposes to mid slope discharge without a dissipater structure onto an erosive steep slope. The project will need to discharge with an energy dissipater located at the Ordinary High Water line of Panther Creek. Work within the Creek requires a Washington State Hydraulic Permit. 2. A portion of runoff from a bypassed area is proposed to be discharged without any flow control. This discharge is located at the top of a steep slope. The proposed discharge will be required to be treated and discharge to the Ordinary High Water line of the creek. An energy dissipater will be required to be installed. 3. All work proposed outside of the applicant's property will require a permanent drainage easement to be provided to the City and a temporary construction easement prior to any permits being issued. 4. Basic water quality will be provided using a StormFilter system. Appropriate individual lot flow control BMPs will be required to help mitigate the new runoff created by this development. 5. A geotechnical report, dated September 28, 2012 was submitted by Earth Solutions NW. The report identifies the soils as glacial till. These soils will not support infiltration. 6. Surface water system development fee is $1,228.00 per new lot. Fees are payable prior to issuance of the construction Page 1 of 7 Planning Review Technical Services permit. 7. A Construction lwater Genera! Permit from Department of Eco!og be required. A Stormwater Pollution Prevention Plan (SWPPP) is Ired for this site. TRANSPORTATION {STREET 1.The current transportation impact fee rate is $1,430.72 per new single family home. The transportation impact fee that is current at the time of building permit application will be levied. Payment of the transportation impact fee is due at the time of issuance of the building permit. Credit will be given to the two existing homes to be demolished. 2.A traffic analysis dated January 22, 2014, was provided by Jake Traffic Engineering. The proposed 34 lot subdivision would generate 305 daily vehicle trips. Weekday peak hour AM trips would generate 24 vehicle trips, with 18 vehicles leaving and 6 vehicles entering the site. Weekday peak hour PM trips would generate 32 vehicle trips, with 20 vehicles entering and 12 vehicles existing the site. Increased traffic created by the development will be mitigated by payment of transportation impact fees. Review of sight access visibility using AASHTO criteria was completed. Engineer recommends that the existing power pole, vegetation and mailbox at the northeast property line be relocated to provide clear site distance at the driveway entrance to the plat. 3.To meet the City's complete street standards, the new internal roadway shall be designed to meet the residential access roadway per City code 4-6-060. The new internal roadway shall be a 53-foot right of way, with 26 feet of pavement, curb, gutter, an 8-foot planter strip, a 5-foot sidewalk and street lighting installed along both sides of the street. One side of the road will be marked No Parking. 4.Existing right-of-way width in Benson Road fronting the site is 82 feet. Benson Road (SR 515) is classified as Principal Arterial. To meet the City's complete street standards, street improvements including an 8-foot planting strip behind the existing curb, a 12-foot sidewalk (shared bike/pedestrian), a 2-Ioot strip back of sidewalk, storm drainage and street lighting will be required. To build this street section, approximately 12.5 feet of right-ot-way will be required to be dedicated to the City along the project side in Benson. S.Existing curb cut proposed to be widened in SR 515 will require review by WSDOT. 6.Applicant may submit an application to the City requesting a modification of the street frontage improvements as outlined in City code 4-9-25OC5d which. 7.LED street lighting meeting arterial lighting levels will be required per City of Renton Standards. 8.Paving and trench restoration will comply with the City's Trench Restoration and Overlay Requirements. GENERAL COMMENTS 1.Separate permits and fees for storm connection will be required. 2.AII construction utility permits for drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. A licensed Civil Engineer shall prepare the civil plans. 3.Rockeries or retaining walls greater than 4 feet in height will be require a separate building permit. Structural calculations and plans shall be submitted for review by a licensed engineer. Special Inspection is required. 4.A tree removal and tree retention/protection plan and a separate landscape plan shall be included with the civil plan submittal. 5.Water, sewer and storm stubs are required to be provided to each lot prior to recording of the plat Lot Line Adjustment: No comment Clark Close Ph: 425-430-7289 email: cclose@rentonwa.gov Recommendations: 1. RMC section 4-4-030.C.2Iimits haul hours between 8:30 am to 3:30 pm, Monday through Friday, unless otherwise approved by the Development Services Division. 2. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. 3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 4. A National Permit Discharge Elimination System (NPDES) permit is required when more than one acre is being cleared. 5. The applicant will be required to submit a Final Stream and Wetland Mitigation Report and Maintenance and Monitoring proposal. In addition, the applicant will be required to comply with all the code requirements of RMC 4-3-050 Critical Areas. This includes, but is not limited to, placing the critical area within a Native Growth Protection Easement, providing fencing and signage, and providing the City with a site restoration surety device and, later, a maintenance and monitoring surety device. 6. The applicant may not fill, excavate, stack or store any equipment, dispose of any materials, supplies or fluids, operate any equipment, install impervious surfaces, or compact the earth in any way within the area defined by the drip line of any tree to be retained. 7. The applicant shall erect and maintain six foot (6') high chain link temporary construction fencing around the drip lines of all retained trees, or along the perimeter of a stand of retained trees. Placards shall be placed on fencing every fifty feet (50') indicating the words, "NO TRESPASSING -Protected Trees~ or on each side of the fencing if less than fifty feet (50'). Site access to individually protected trees or groups of trees shall be fenced and signed. Individual trees shall be fenced on four (4) sides. In addition, the applicant shall provide supervision whenever equipment or trucks are moving near trees. Bob MacOnie Ph: 425-430-7369 email: bmaconie@rentonwa.gov Technical Services Comments Created On: 06/05/2014 July 14, 2014 Page 2 of7 July 14, 2014 Lot line Adjustment: Note the City of R~II(vn land use action number and land record number, 14-000190 and LND-30-0383, respectively, on the final submittal. The type size used for the land record number should be smaller than that used for the land use action number. Note discrepancies between bearings and distances of record and those measured or calculated, if any. The lot addresses will be provided by the city as soon as possible. Note said addresses and the street name on the drawing. Do note encroachments, if any. Add a note to the effect that the easement under Rec. No. 20120809000865 originally across underlying Parcel G for access and utilities to the benefit of underlying Parcel G will remain across Lot B for the benefit of Lot A of this lot line adjustment until such time as other access is provided. Bob Mac Oni. 61412014 Recommendations: Plat: The final plat document must be prepared under the direction of and stamped by a licensed "Professional Land Surveyor." Note the City of Renton land use action number and land record number, LUA14-000190 and LND-10-0513, respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Please note that the land use action number provided will change when this subdivision changes from preliminary to final plat status. Show two ties to the City of Renton Survey Control Network. The geometry will be checked by the city when the ties have been provided. The ties in this case can be made by explicit reference to the underlying Lot line Adjustment. Include a statement of equipment and procedures used, per WAC32-130-100. Note the date the existing city monuments were visited and what was found, per WAC 332-130-150. Provide lot closure calculations. Indicate what has been, or is to be, set at the corners of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. The lot addresses will be provided at final plat submittal. Note said addresses and the street name on the plat drawing. On the final plat submittal, remove all references pertaining to utilities facilities, trees, concrete, gravel, decks and other items not directly impacting the subdivision. These items are provided only for preliminary plat approval. Do note encroachments, if any. Remove from the "LEGEND" block all tree items, utilities facilities and mailbox references, but do include in said "LEGEND" block the symbols and their details that are used in the plat drawing. Do not include a utility provider's block, an owner's block, an engineer/surveyor block and an architect block. Do not include any references to use, density or zoning on the final submittal If the abutting properties are platted, note the lot numbers and plat name on the drawing otherwise note them as 'Unplatted'. Remove the building setback lines from the proposed lots. Setbacks will be determined at the time that building permits are issued. Note the research resources on the plat submittal. Note all easements, covenants and agreements of record on the plat drawing. The City of Renton "APPROVALS" blocks for the City of Renton Administrator, Public Works Department, the Mayor, City Clerk and the Finance Director. A pertinent approval block is also needed for the King County Assessor's Office. Provide signature lines as required. If there is a Restrictive Covenants, Conditions & Restrictions document for this plat, then reference the same on the plat drawing and provide a space for the recording number thereof. Note that if there are restrictive covenants, agreements or easements to others (neighboring property owners, etc.) as part of this subdivision, they can be recorded concurrently with the plat. The plat drawings and the associated document{s) are to be given to the Project Manager as a package. The plat document will be recorded first (with King County). The recording number(s) for the associated document(s) (said documents recorded concurrently with, but following the plat) need to be referenced on the plat drawings. Page 3 of 7 July 14, 2014 There needs to be language regarding the conveyance of the Tracts created by the plat; please check with the Stormwater Utility to see if thE" require that the City be the owner of stormwater r lement tracts) if not and if there is to be a Homeowners' Ass tion (HOA) created for this plat, the following langu oncerning ownership of the other tracts applies to this plat and should be noted on the final plat drawing as follows: Upon the recording of this plat, Tracts is hereby granted and conveyed to the Plat of Name of Plat Homeowners' Association (HOA) only for the purposes noted thereon. All necessary maintenance activities for said Tracts will be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tracts previously owned by the HOA and have the attendant financial and maintenance responsibilities. Otherwise, use the following language on the final plat drawing: Lots 1 through 34, inclusive, shall have an equal and undivided ownership interest in Tracts ___ and the tracts can only be used for the purposes noted thereon. The foregoing statements are to be accompanied by language defining the maintenance responsibilities for any infrastructure located on the Tracts serving the plat or reference to a separate recorded instrument detailing the same. Please discuss with the Plan Reviewer and the Stormwater Utility any other language requirements regarding surface water BMPs and other rights and responsibilities. All vested owner(s) of the subject plat, at the time of recording, need to sign the final plat. For the street dedication process, include a current title report noting the vested property owners dated within 45 days of final approval. Bob Mac Oni. 6/1612014 Recommendations: Plat: The final plat document must be prepared under the direction of and stamped by a licensed UProfessional Land Surveyor." Note the City of Renton land use action number and land record number, LUA 14-000190 and LND-1 0-0513, respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Please note that the land use action number provided will change when this subdivision changes from preliminary to final plat status. Show two ties to the City of Renton Survey Control Network. The geometry will be checked by the city when the ties have been provided. The ties in this case can be made by explicit reference to the underlying Lot Une Adjustment. Include a statement of equipment and procedures used, per WAC32-130-1 00. Note the date the existing city monuments were visited and what was found, per WAC 332-130-150. Provide lot closure calculations. Indicate what has been, or is to be, set at the corners of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. The lot addresses will be provided at final plat submittal. Note said addresses and the street name on the plat drawing. On the final plat submittal, remove all references pertaining to utilities facilities, trees, concrete, gravel, decks and other items not directly impacting the subdivision. These items are provided only for preliminary plat approval. Do note encroachments, if any. Remove from the "LEGEND" block all tree items, utilities facilities and mailbox references, but do include in said "LEGEND" block the symbols and their details that are used in the plat drawing. Do not include a utility provider's block, an owner's block, an engineer/surveyor block and an architect block. Do not include any references to use, density or zoning on the final submittal If the abutting properties are platted, note the lot numbers and plat name on the drawing otherwise note them as 'Unplatted'. Remove the building setback lines from the proposed lots. Setbacks will be determined at the time that building permits are issued. Note the research resources on the plat submittal. Note all easements, covenants and agreements of record on the plat drawing. The City of Renton "APPROVALS" blocks for the City of Renton Administrator, Public Works Department, the Mayor, City Clerk and the Finance Director. Page 4 of7 July 14, 2014 A pertinent approval block is also needed for the King County Assessor's Office. Provide signature lines as required. If there is a Restr" Covenants, Conditions & Restrictions document f , plat, then reference the same on the plat drawing and provide a spa r the recording number thereof. Note that if there are restrictive covenants, agreements or easements to others (neighboring property owners, etc.) as part of this subdivision, they can be recorded concurrently with the plat. The plat drawings and the associated document(s) are to be given to the Project Manager as a package. The plat document will be recorded first (with King County). The recording number(s) for the associated document(s) (said documents recorded concurrently with, but following the plat) need to be referenced on the plat drawings. There needs to be language regarding the conveyance of the Tracts created by the plat: please check with the Stormwater Utility to see if they will require that the City be the owner of stormwater management tracts) if not and if there is to be a Homeowners' Association (HOA) created for this plat, the following language concerning ownership of the other tracts applies to this plat and should be noted on the final plat drawing as follows: Upon the recording of this plat, Tracts is hereby granted and conveyed to the Plat of Name of Plat Homeowners' Association (HOA) only for the purposes noted thereon. All necessary maintenance activities for said Tracts will be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tracts previously owned by the HOA and have the attendant financial and maintenance responsibilities. Otherwise, use the following language on the final plat drawing: Lots 1 through 34, inclusive, shall have an equal and undivided ownership interest in Tracts ___ and the tracts can only be used for the purposes noted thereon. The foregoing statements are to be accompanied by language defining the maintenance responsibilities for any infrastructure located on the Tracts serving the plat or reference to a separate recorded instrument detailing the same. Please discuss with the Plan Reviewer and the Stormwater Utility any other language requirements regarding surface water BMPs and other rights and responsibilities. All vested owner(s) of the subject plat, at the time of recording, need to sign the final plat. For the street dedication process, include a current title report noting the vested property owners dated within 45 days of final approval. Bob Mac Oni. 6/16/2014 Lot Line Adjustment: The Section Control sketch has obscured text along the East South and West lines; please correct. Only one of the monuments shown in the Section Control sketch is a City of Renton Survey Control Network horizontal control monument, the N 1/4 Cor. of Section 32 CR Mon# 1866. The other Control Network monument cited CR Mon# 587, the SW Cor. of Section 32 is a Vertical control only, Please provide another tie to the City Network or make a speCific reference the the effects that ties are pursuant to another record document noting any necessary correction for the basis used. Please note that survey reference R2 differs considerably with respect to what is shown on this survey: 18 minutes between the Center cor. and the N 1/4 cor, while there is only 3 minutes around the quarter section at issue and and over 2 feet in length. The cited bearing for (R2) of the west half of the east-west cenlerline of Section 32 is incorrect NE not NW. The closure around the SW 1/4 of the Section control doesn't meet requirements. The final geometry check will be made once these issues are resolved. Bob Mac Oni. 6127/2014 Recommendations: Plat: The final plat document must be prepared under the direction of and stamped by a licensed UProfessional Land Surveyor." Note the City of Renton land use action number and land record number, LUA14-000190 and LND-l0-0513, respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Please note that the land use action number provided will change when this subdivision changes from preliminary to final plat status. Show two ties to the City of Renton Survey Control Network. The geometry will be checked by the city when the ties have been provided. The ties in this case can be made by explicit reference to the underlying Lot Une Adjustment. Include a statement of equipment and procedures used, perWAC32-130-100. Note the date the existing city monuments were visited and what was found, per WAC 332-130-150. Provide lot closure calculations. Indicate what has been, or is to be, set at the corners of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. The lot addresses will be provided at final plat submittal. Note said addresses and the street name on the plat drawing. On the final plat submittal, remove all references pertaining to utilities facilities, trees, concrete, gravel, decks and other items not directly impacting the subdivision. These items are provided only for preliminary plat approval. Do note encroachments, if any. Page 5 of 7 Reviewer Comments Remove from the "LEGEND" block all tree items, utilities facilities and mallbox references, but do include in said "LEGEND" block the symbols and leta lis that are used in the plat drawing. Do not include a utility provider's block, an owner's block, an engineer/surveyor block and an architect block. Do not include any references to use, density or zoning on the final submittal If the abutting properties are platted, note the lot numbers and plat name on the drawing otherwise note them as 'Unplatted'. Remove the building setback lines from the proposed lots. Setbacks will be determined at the time that building permits are issued. Note the research resources on the plat submittal. Note all easements, covenants and agreements of record on the plat drawing. The City of Renton "APPROVALS' blocks for the City of Renton Administrator, Public Works Department, the Mayor, City Clerk and the Finance Director. A pertinent approval block is also needed for the King County Assessor's Office. Provide signature lines as required. If there is a Restrictive Covenants, Conditions & Restrictions document for this plat, then reference the same on the plat drawing and provide a space for the recording number thereof. Note that if there are restrictive covenants, agreements or easements to others (neighboring property owners, etc.) as part of this subdivision, they can be recorded concurrently with the plat. The plat drawings and the associated document(s) are to be given to the Project Manager as a package. The plat document will be recorded first (with King County). The recording number(s) for the associated document(s) (said documents recorded concurrently with, but following the plat) need to be referenced on the plat drawings. There needs to be language regarding the conveyance of the Tracts created by the plat; please check with the Stormwater Utility to see if they will require that the City be the owner of stormwater management tracts) if not and if there is to be a Homeowners' Association (HOA) created for this plat, the following language concerning ownership of the other tracts applies to this plat and should be noted on the final plat drawing as follows: Upon the recording of this plat, Tracts is hereby granted and conveyed to the Plat of Name of Plat Homeowners' Association (HOA) only for the purposes noted thereon. All necessary maintenance activities for said Tracts will be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tracts previously owned by the HOA and have the attendant financial and maintenance responsibilities. Otherwise, use the following language on the final plat drawing: Lots 1 through 34, inclusive, shall have an equal and undivided ownership interest in Tracts ___ and the tracts can only be used for the purposes noted thereon. The foregoing statements are to be accompanied by language defining the maintenance responsibilities for any infrastructure located on the Tracts serving the plat or reference to a separate recorded instrument detailing the same. Please discuss with the Plan Reviewer and the Stormwater Utility any other language requirements regarding surface water BMPs and other rights and responsibilities. All vested owner(s) of the subject plat, at the time of recording, need to sign the final plat. For the street dedication process, include a current title report noting the vested property owners dated within 45 days of final approval. Bob Mac Onie 6/16/2014 Craig Burnell Ph: 425-430-7290 email: cburnell@rentonwa.gov Building Review Created On: 06/16/2014 5' easement (no build) on the south lot line of 33 & 34. Community Services Review Created On: 06/1212014 A. Parks Impact fee per Ordinance 5670 applies Construct 5' bike lane along Benson per adopted trails and bicycle plan (See attachment) Coordinate with City's Urban Forester for tree protection Coordinate tree substitution for MRaywood Ash' with Urban Forester B. MComplete streets· along Benson should be constructed. C. There are no impacts to parks, Technical Services Created On: 06/16/2014 Fire Review -Building July 14, 2014 Like the Nippert LLA (LUA14-000250), Enclave Plat, the City should require an 12.5' dedication along the frontage of 1 Oath Ave SE. The fact that it is a State Route and therefore the right of way is vested in the State may be an issue here but the dedication on the Plat is to City and the same could apply to the LLA portion of this project. Corey Thomas Ph: 425-430-7024 email: cthomas@rentonwa.gov Recommendations: Environmental Impact Comments: Page 6 017 Police Review July 14, 2014 1. The fire impact fees are applicable at the rate of $479.28 per single family unit. This fee is paid at building permit issuance Credit will be gral . ')f the removal of the two existing homes. Code Related Comments: 1. The fire flow requirement for a single family home is 1,000 gpm minimum for dwellings up to 3,600 square feet (including garage and basements). If the dwelling exceeds 3,600 square feet, a minimum of 1,500 gpm fire flow would be required. A minimum of one fire hydrant is required within 300·feet of the proposed buildings and "tINa hydrants if the fire flow goes up to 1,500 gpm. Existing fire hydrants can be counted toward the requirements as long as they meet current code including 5·inch storz fittings. A water availability certificate is required from Soos Creek Water and Sewer District. 2. Fire department apparatus access roadways are required to be a minimum of 20-feet wide fully paved, with 25·feet inside and 45·feet outside turning radius. Fire access roadways shall be constructed to support a 30·ton vehicle with 322·psi point loading. Access is required within 150-feet of all points on the buildings. Cul-de-sac is required to be a full 90·foot diameter. All roads and shared driveways shall be (ully paved to 20-feet. Emergency access gate shall be fully automated per fire department standards. Cyndie Parks Ph: 425-430-7521 email: cparks@rentonwa.gov Recommendations: 32 Estimated Annual CFS Page 7 of 7 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT -PLANNING DIVISION AFFIDAVIT OF SERVICE'BY MAILING On the 9th day of July, 2014, I deposited in the mails of the United States, a sealed envelope containing Hearing Examiner Staff Report and exhibit documents. This information was sent to: ...... )',i,.' . Name'" : ......•••... .:n~. ""H ;; '!~>' -'::,Yi'Ii'ih'<illlQiIUllllHllIlhtUiilpA:i,0k0., ,:'_:: ":''';:'':';'' \:III\!liiI1l>V' Ill'lfl""j,I,I'm' ." '. ". Represe(ltmg ., .,,'I!:,'I' , . : •• ,Im::, PhllOlbrecht Hearing Examiner See attached Parties of Record Aron Golden Applicant Evan Mann Contact See attached Owners (\ iJ X ~ VQ\A \/Vt4 / (Signature of Sender): -,""'\\\\\\\111 I, 0 $' ~\."{ PO""~lll STATE OF WASHINGTON :~ ,.., , 1),~ -~ = )l ) ss ¥ ~~ \II \ COUNTY OF KING ) \ -J I certify that I know or have satisfactory evidence that Sabrina Mirante \:~~~~~~1 ~,,~; signed this instrument and acknowledged it to be his/her/their free and voluntary act for th'e,J?~~cril!S mentioned in the instrument. " •. "",\"" Dated: N Public in and for the State of Washington Notary (print): ____ .laJ±.,"'-'::t\u~-....:i?l_"'q.>:u ... }t'.I:::'· .. >'--___________ _ My appointment expires: 0 A-vg""d ;;;q, dOll Panther Lake Subdivision LUA14-000190, ECF, PP, LLA, MOD template -affidavit of service by mailing • Sanford & Nancv Heins 10623 SE 187th St Renton, WA 98055 James Denzer 18655 108th Ave SE Renton, WA 98055 Carol Berdan PO Box 58421 Renton, WA 98058 Larrv DeCamp 18820 106th Ave SE Renton, WA 98055 Aron Golden Conner Homes 846 108th Ave N E, 200 Bellevue, WA 98004 Thomas and Shirlev GouRh 18819 108th Ave SE Renton, WA 98055 DouRlas Worth 1217 Coral Dr W Fircrest, WA 98466 Leslie LansinR 14620 205th Ave SE Renton, WA 98059 Dianna Down 18923 106th Ave SE Renton, WA 98055 Mike Kohr 25802 68th Ave Kent, WA 98032 Tammv Deacv 18825 108th Ave SE Renton, WA 98055 EP Enterprise Properties LLC 18819 108th Ave SE Renton, WA 98055 Evan Mann ESM Consulting Engineers 33400 8th Ave S, Suite 205 Federal Wav, WA 98003 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT REPORT TO THE HEARING EXAMINER A. SUMMARY AND PURPOSE OF REQUEST HEARING DATE: Project Name: Owner: Applicant: File Number: Contact: Project Manager: Project Summory: Project Location: Site Area: July 15, 2014 Panther Lake Preliminary Plat See Exhibit 4 -List of Owners Aron Golden, Conner Homes Group, LLC 846 108th Ave NE, Suite 200, Bellevue, WA 98004 LUA14-000190, ECF, PP, LLA, MOD Evan Mann, ESM Consulting Engineers 33400 8th Ave S, Suite 205, Federal Way, WA 98003 Clark H. Close, Associate Planner The applicant is requesting SEPA Environmental Review, Preliminary Plat approval, a Lot Line Adjustment, and a street modification for a 34-lot subdivision. The 7.92- acre site is located within the Residential-8 zoning district. The subject property is a collection of seven (7) parcels located on the west side of 108th Ave SE just north 01 SE 192nd 5t. The 34 lots would result in a net density of 5.85 dulac. Lot sizes would range from 4,500 sf to roughly 6,278 sf with an average lot size of 5,318 sf. In addition to the 34 lots, five (5) tracts are proposed for sensitive areas, storm drainage, and recreational areas. Access to the site would be gained from 108th Ave 5E. The applicant has submitted a Critical Area Report & Supplemental Stream Study, Drainage Control Report, Traffic Impact Analysis, and a Geotechnical Engineering Study with the application. The site contains five (5) Category 3 wetlands (Wetlands A-E), a Class 4 stream, and there is a Class 2 stream (Panther Creek) located off-site with a buffer extending onto the subject site. Finally, the applicant is requesting a street modification, from RMC 4-6-060, in order to eliminate the requirement for frontage improvements along 108th Ave SE. 18647, 18655, 18819, 18825 108th Ave SE, Renton, WA 98059 7.92 acres Project Location Map HEX Report City of Renton Department of nunity & Economic Development PANTHER LAKE PRELIMINARY PLA T Hearing Date July 15, 2014 i B. EXHIBITS: Exhibit 1: Report to the Hearing Examiner Exhibit 2: Preliminary Plat Plan (dated May 6, 2014) Exhibit 3: Revised Preliminary Plat Plan (dated July 7,2014) Exhibit 4: List of Owners Exhibit 5: Existing Conditions Exhibit 6: Tree Cutting and Land Clearing Plan Exhibit 7: Preliminary Grading Plan Exhibit 8: Preliminary Road & Utility Plan Exhibit 9: Drainage Control Plan Exhibit 10: Preliminary Landscaping Plan Preliminary Plat Report & Decision LUA14-000190, ECF, PP, LLA, MOD Page 2 of 14 Exhibit 11: Geotechnical Engineering Study prepared by Earth Solutions NW, LLC (dated September 23,2013) Exhibit 12: Critical Area Report & Supplemental Stream Study prepared by Sewall Wetland Consulting, Inc. (dated January 28, 2014) Exhibit 13: Addendum to Critical Area Report & Supplemental Stream Study (dated May 15, 2014) Exhibit 14: Preliminary Technical Information Report prepared by ESM Consulting Engineers, LLC (dated January 29, 2014) Exhibit 15: Traffic Impact Analysis prepared by Jake Traffic Engineering, Inc. (dated January 22, 2014) Exhibit 16: Muckleshoot Tribe Email: Walter Exhibit 17: Department of Ecology: McGraner Exhibit 18: Construction Mitigation Description Exhibit 19: Preliminary Wetland Mitigation Plan Exhibit 20: Traffic Concurrency Test for the Panther Lake Plat: Lee Exhibit 21: Storm water Drainage Easement Exhibit 22: Amendment to Stormwater Drainage Easement Exhibit 23: Staff response to Walter (dated July 7, 2014) Exhibit 24: Staff response to McGraner (dated July 7,2014) Exhibit 25: Certificates of Water and Sewer Availability Exhibit 26: Renton School District -School & Bus Stop Locator Exhibit 27: Lot Line Adjustment LUA14-000190, LND·30·0383 Exhibit 28: Environmental Review Committee (ERe) Staff Report (without Exhibits) Exhibit 29: ERC Mitigation Measures and AdviSOry Notes Exhibit 30: SEPA Addendum to the Panther Lake Preliminary Plat Exhibit 31: Environmental "SEPA" Determination HEX Report City of Renton Department of L 1Unity & Economic Development Preliminary Plat Report & Decision LUA14-000190, E~F, PP, LLA, M()D PANTHER LAKE PRELIMINARY PLA T Hearing Date July 15, 2014 Page 3 of 14 Exhibit 32: Affidavit of posting and mailing I C. GENERAL INFORMA TION: 1. Owner(s) of Record: See Exhibit 4 -List of Owners 2. Zoning Designation: 3. Comprehensive Plan Land Use Designation: Residential-8 dulac (R-8) Residential Single Family (RSF) 4. Existing Site Use: Four single family residences and several detached structures. 5. Neighborhood Characteristics: a. North: b. East: c. South: d. West: 6. Access: 7. Site Area: Single Family Residential (R-B zane) Residential Medium Density, Margan Caurt Candaminiums and single family (R-14 zane) Single Family Residential (R-B zane) Single Family Residential (R-B zone) Access to the plat is proposed via 108th Ave SE via one new curb cut, which is included as part of the plat improvements. Internal access is proposed via a new road network that includes a cul-de-sac near the south end of the property and a future connection back to 108'h Ave SE (based on the revised plat plan, Exhibit 3). 7.92 acres i D. HISTORICAL/BACKGROUND: Action Comprehensive Plan Zoning Annexation I E. PUBLIC SERVICES: 1. Utilities Land Use File No. N/A N/A N/A Ordinance No. 5099 5100 5398 a. Water: This site is located in the Soos Creek Water District service boundary. Date 11/01/04 11/01/04 08/11/08 b. Sewer: Sewer service will be provided by Soos Creek Sewer District. There are existing sewer mains north of the site. c. Surface/Storm Water: There is an existing 12" stormwater pipe on 108'h Ave SE. 2. Streets: 108'h Ave SE consists of four (4) travel lanes, a center turn lane, $-foot sidewalks located against the curb, and a $-foot wide planter strip on both sides. 3. Fire Protection: City of Renton Fire Department. HEX Report City of Renton Deportment of L 1Unity & Economic Development PANTHER LAKE PRELIMINARY PLAT Preliminary Plot Report & Decision LUA14-000190, EeF, PP, LLA, MOD Hearing Date July 15, 2014 F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Zoning Districts -Land Use Districts a_ Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-060: Zoning Use Table -Uses Allowed in Zoning Designations c. Section 4-2-110: Residential Development Standards d. Section 4-2-115: Residential Design and Open Space Standards 2_ Chapter 3 Environmental Regulations and Overlay Districts a. Section 4-3-050: Critical Areas Regulations 3. Chapter 4 City-Wide Property Development Standards a. Section 4-4-030: Development Guidelines and Regulations -General b. Section 4-4-130: Tree Cutting and Land Clearing Regulations 4. Chapter 6 Street and Utility Standards a. Section 4-6-060: Street Standards S. Chapter 7 Subdivision Regulations a. Section 4-7-080: Detailed Procedures for Subdivisions Page 4 of 14 b. Section 4-7-120: Compatibility with Existing Land Use and Plan -General Requirements and Minimum Standards c. Section 4-7-150: Streets -General Requirements and Minimum Standards d. Section 4-7-160: Residential Blocks -General Requirements and Minimum Standards e. Section 4-7-170: Residential Lots -General Requirements and Minimum Standards S. Chapter 9 Permits -Specific 6. Chapter 11 Definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element 2. Community Design Element I H. FINDINGS OF FACT: 1. The information below is based on the revised Preliminary Plat Plan (dated July 7, 2014; Exhibit 3). Exhibits 5-10 and 19 are based on second submittal design documents to the City of Renton. 2. The applicant is requesting a Preliminary Plat in order to subdivide a 7.92-acre site (pending recording LLA14-000190 LND-30-0383; Exhibit 27) into 34 single family lots and five (5) tracts (Tracts A-E; landscape, stormwater, open space/sensitive areas, and park), including drainage/sewer and critical areas. The lots range in lot size from 4,500 square feet to roughly 6,278 square feet with an average residential lot size of 5,318 square feet. The proposal results in a net density of 5.35 dwelling units per acre. 3. The Planning Division of the City of Renton accepted the above master application for review on February 13, 2014 and determined it complete on May 16, 2014. The project complies with the 120-day review period. 4. The proposed plat would be located on the west side on 108'h Avenue SE just north of SE 192nd Street. HEX Report City of Renton Department of L 1unity & Economic Development PANTHER LAKE PRELIMINARY PLAT Hearing Date July 15, 2014 Preliminary Plat Report & Decision LUA14-000190, ECF, PP, LLA, MOD Page 5 of 14 5_ The property is in the Residential Single Family (RSF) Comprehensive Plan land use designation and the Residential 8 (R-8) zoning classification. 6. The site currently contains four (4) single family residences and several detached structures. Two (2) of the four (4) single family structures and detached garages are proposed for demolition. 7. The project site is comprised of a total of seven (7) parcels: Parcel Nos. 322305-9148, 322305-9273, 322305-9344, 322305-9123, 662340-0054, 662340-0050, and 662340-0053. A Lot Line Adjustment (City of Renton File No. LUA14-000190, LND-30-0383) was submitted concurrently with the preliminary plat application. The proposed lot line adjustment reduces the overall lot sizes of Parcel G (APN 6623400050) by 18,581 sf (Lot B) and Parcel E (APN 6623400053) by 29,970 sf (Lot C) in order to maintain the existing single family residences. Parcel F plus the remaining portions of Parcel G and Parcel E become Lot A (154,836 sf), as shown in Exhibit 27. 8. The following table are proposed approximate dimensions for Lots 1-34 and Tracts A-E' AsProeosed Lot Size Width Deeth Lot 1 4,925 SF 55 FEET 90 FEET Lot2 4,5005F 50 FEET 90 FEET Lot3 4,500 SF 50 FEET 90 FEET Lot4 4,500 SF 50 FEET 90 FEET Lot 5 4,500 SF 50 FEET 90 FEET Lot 6 4,514 SF 50 FEET 92 FEET Lot 7 5,056 SF 50 FEET 99 FEET Lot8 4,596 SF 50 FEET 110 FEET (G) 5,849 SF Lot9 4,500 SF 50 FEET 110 FEET (G) 5,500 SF Lot 10 4,500 SF 50 FEET 110 FEET (G) 5,500 SF Lot 11 3,600 SF 50 FEET 110 FEET (G) 5,500 SF Lot12 5,634 SF 50 FEET 117 FEET Lot 13 4,841 SF 50 FEET 110 FEET Lot 14 4,736 SF 56 FEET 100 FEET Lot 15 5,170 SF 56 FEET 110 FEET Lot 16 5,280 SF 51 FEET 111 FEET Lot 17 5,580 SF 51 FEET 111 FEET Lot 18 6,162 SF 50 FEET 97 FEET Lot 19 5,455 SF 51 FEET 84 FEET Lot 20 4,673 SF 62 FEET 84 FEET (G) 6,301 SF Lot 21 5,578 SF 57 FEET 57 FEET Lot 22 5,034 SF 57 FEET 136 FEET (G) 5,942 SF Lot 23 5,565 SF 52 FEET 136 FEET (G) 6,447 SF Lot 24 6,035 SF 53 FEET 115 FEET Lot 25 5,7935F 50 FEET 117 FEET Lot 26 5,856 SF 50 FEET 117 FEET HEX Report City of Renton Department of' ounity & Economic Development PANTHER LAKE PRELIMINARY PlAT Hearing Date July 15, 2014 Lot27 5,7785F Lot 28 5,200 SF Lot 29 5,200 SF Lot 30 6,278 SF Lot 31 4,759 SF Lot 32 4,682 SF Lot 33 4,528 SF Lot 34 4,741 SF All Lots Avg: 5,318 SF Londscope Troct A 829 SF Open Space Troct B 5,597 SF Stormwoter/Sensitive 49,240 SF Areos Tract C Open Space/Sensitive 49,2285F Areas Tract 0 Pork Tract E 4,801 SF 53 FEET 50 FEET 50 FEET 64 FEET 50 FEET 50 FEET 55 FEET 61 FEET Avg: S2 FEET - - - - - Preliminary Plat Report & Decision WA14-000190, ECF, PP, LIA, MOD Page 6 of 14 104 FEET 104 FEET 104 FEET 104 FEET 93 FEET 94 FEET 94 FEET 79 FEET Avg: 102 FEET - - - - - 9. Access to all lots would be provided along a new local residential street off of 10S'h Ave SE through the plat. The proposed road terminates at Future Lot B (Exhibit 27) and allows for a future connection back to lOSth Ave SE. A 20-foot secondary access road/utility easement will be provided from the terminus of the new local residential street, across parcel no. 662340-0050 (Future Lot B), for fire emergency access to 10Sth Ave SE. The emergency road will be gated and used only for emergency purposes. 10. Four lots will be served via a 20-foot shared private driveway (Lots S, 9, 10, and 26) and three lots are proposed to be served via a 16-foot shared private driveway (Lots 20, 21, and 22). 11. Topographically, the overall site slopes from east to west with elevation changes from 490 feet to 420 feet across the entire project site. The very western edge of the property drops significantly down to Panther Creek (Exhibit 5). The steepest slope on the developable portion of the property is approximately 15%. Slopes exceed 20% alongside the western boundary ofthe property. A geotechnical report for the site was prepared by Earth Solutions, NW (dated September 23, 2013; Exhibit 11); the report states that the proposed development activity is feasible and would not decrease stability of the site or surrounding properties. 12. There are 190 significant trees on the site and the applicant is proposing to retain 24 original trees (Exhibit 6). 13. The applicant submitted a conceptual landscape plan which includes the installation of a variety of street trees within a proposed S-foot planter along the frontage of the internal roads. Additional vegetation and a variety of trees and shrubs are also proposed onsite (Exhibit 10). 14. The applicant submitted a Critical Area Report & Supplemental Stream Study prepared by Sewall Wetland Consulting, Inc. (dated January 2S, 2014, updated May IS, 2014; Exhibits 12 and 13, respectively). According to the report, there are five Category 3 wetlands on the site, a Class 2 stream (Panther Creek) off-site to the west, and a Class 4 small tributary along the south side of the site. Category 3 wetlands are required to have a 25-foot buffer measured from the wetland edge. Class 2 waters typically have a 100-foot buffer measured from the ordinary high water mark (OHWM). 15. The applicant submitted a Technical Information Report (TIR), prepared by ESM Consulting Engineers, LLC (dated January 29, 2014; Exhibit 14). The report addresses compliance with the 2009 King County Surface Water Manual and City of Renton Amendments to the KCSWM, Chapters 1 and 2. HEX Report City of Renton Deportment of t lUnity & Economic Development PANTHER LAKE PRELIMINARY PLAT Preliminary Plat Report & Decision LUA14-000190, ECF, PP, LLA, MOp Hearing Date July 15, 2014 Page 7 of 14 16. On June 23, 2014, the Environmental Review Committee, pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), issued a Determination of Non- Significance -Mitigated (DNS-M) for the Panther Lake Preliminary Plat (Exhibit 31). The DNS-M included 2 mitigation measures. A 14-day appeal period commenced on June 27, 2014 and ends on July 11, 2014. No appeals of the threshold determination have been filed to date. 17. Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERe) issued the following mitigation measures with the Determination of Non-Significance -Mitigated: 1. Project construction shall be required to comply with the recommendations found in the Geotechnical Engineering Study prepared by Earth Solutions, NW (dated September 23, 2013; Exhibit 11). 2. Project construction shall be required to comply with the mitigation recommendations identified in the submitted Critical Area Report & Supplemental Stream Study prepared by Sewall Wetland Consulting, Inc. (dated January 28, 2014, updated May IS, 2014; Exhibits 12 and 13, respectively). 18. An addendum to the Environmental (SEPA) Determination of Non-significance (DNS-M) for Panther Lake Preliminary Plat was issued on June 30, 2014. The addendum included disclosing a proposed 10- foot reduction to Stream A, a Class 4 stream located along the south side of the site. The minimum buffer requirement is a 3S-foot buffer measured from the ordinary high water mark (OHWM); the applicant is requesting to reduce that to 2S feet from the OHWM through buffer enhancement and mitigation, provided criteria in RMC 4-3-0S0LSc(iv) can be met. 19. Staff has received comments from Karen Walter from the Muckleshoot Indian Tribe (Exhibit 16) desiring the stormwater treatment method be increased from the proposed basic treatment to enhanced treatment methods to minimize the amount of oil/PAHs and metals prior to any stormwater discharges into Panther Creek, a known fish-bearing stream in the Springbrook Creek Sub basin. On July 7, 2014 staff responded to the Muckleshoot Indian Tribe's comments (Exhibit 23). 20. Staff has received comments from Patrick McGraner with the Department of Ecology (Exhibit 17), indicating that the applicant shall obtain all necessary state and federal authorization for wetland impacts prior to beginning any ground disturbing activities (or timber harvest if applicable). On July 7, 2014 staff responded to the DOE's comments (Exhibit 24). 21. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments have been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 22. The proposal requires Preliminary Plat Review. The following table (Section I. Conclusions) contains project elements intended to comply with Subdivision Regulations, as outlined in RMC 4-7. II. CONCLUSIONS: PRELIMINARY PLAT REVIEW CRITERIA: 1. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The site is designated Residential Single Family (RSF) on the Comprehensive Plan Land Use Map. The proposal is consistent with the following Comprehensive Plan Land Use and Community Design Element policies if all conditions of approval are complied with: HEX Report City of Renton Department of L 1unity & Economic Development Preliminary Plat Report & Decision LUA14-000190, EeF, PP, LLA, MOD PANTHER LAKE PRELIMINARY PLAT Hearing Date July 15, 2014 Page 8 of 14 .,' Policy LU-158_ Net development densities should fall within a range of 4.0 to 8.0 dwelling units per net acre in Residentiol Single Family neighborhoods. Objective CD-Co Promote reinvestment in ond upgrade of existing residential neighborhoods .,' thraugh redevelopment of small, underutilized parcels with infill development, modification and alteration of older housing stock, and improvements to streets and sidewalks to increase property values. Policy CD-12. Sidewalks or walking paths should be provided along streets in estoblished .,' neighborhoods, where sidewalks hove not been previously constructed. Sidewalk width should be ample to safely and camfortobly accommodote pedestrian traffic and, where practical, match existing sidewalks. Palicy CD-15. Infill development should be reflective of the existing character of established neighborhoods even when designed using different architecturol styles, and lor responding .,' to more urban setbacks, height or lot requirements. Infill development should draw on elements of existing development such as placement of structures, vegetation, and location of entries and walkways, to reflect the site planning and scale of existing areas. 2. COMPLIANCE WITH THE UNDERLYING ZONING DESIGNATION: The site is classified Residential-8 (R-8) on the City of Renton Zoning Map. RMC 4-2-110A provides development standards for development within the R-8 zoning classification. The proposal is consistent with the following development standards if all conditions of approval are complied with: Density: The allowed density ronge in the R-8 zone is a maximum of 8.0 dwelling units per net acre. There is also a minimum density of 4 dwelling units per net acre. Staff Comment: After subtracting 46,616 square feet for proposed right-of-way dedications, .,' 10,761 square feet for private access easements, and 10,582 square feet for critical areas, the net square footage of the site is 277,052 square feet (5.35 net acres). The 34-lot praposal would arrive at a net density of 5.35 dwelling units per acre (34 lots I 6.36 acres = 5.35 dulac), which falls within the permitted density ronge for the R-8 zone. Lot Dimensions: The minimum lot size permitted in the R-8 zoning designation is 4,500 square feet. A minimum lot width of 50 feet is required for interior lots and 60 feet for corner lots. lot depth is required to be a minimum of 65 feet. In order to meet the variation 0/ requirements of RMC 4-2-115, lot dimensions and setbacks are allowed to be decreased and/or increased, provided that, when averaged, the applicable lot standards of the zone are met per RMC 4-2-1100(31). Staff Comment: As demonstrated in the table above under finding of fact 7, all lots meet the requirements for minimum lot size, width and depth if averaged. Setbacks: The required setbacks in the R-8 zone are as follows: front yard is 15 feet for the primary structure and 20 feet for garages; interior side yard is 5 feet; side yard along a street is 15 feet for the primary structure; and the rear yard is 20 feet. .,' Staff Comment: The setback requirements for the proposed lots would be verified at the time af building permit review. The proposed lots appear to cantain adequote area to provide all the required setback areas. Staff recommends as a candition of approval that 0 demolition permit be obtained and all required inspections be completed for the removal of the existing single family residences and detached garages prior to Final Plot recording. Building Standards: Building height is restricted to 30 feet and 2-stories. Detached accessory structures must remain below a height of 15 feet and one-story. The allowed building lot 0/ coverage for lots over 5,000 SF in size in the R-8 zone is 35 percent (35%) or 2,500 SF, whichever is greater. The allowed impervious surface coverage is 75 percent (75%). Staff Comment: The building standards for the proposed lots would be verified at the time of building permit review. HEX Report City of Renton Deportment of L JUnity & Economic Development Preliminory Plot Report & Decision LUAl4-000190, ECF, PP, LLA, MOD PANTHER LAKE PRELIMINARY PLA T - Hearing Date July 15, 2014 Page 9 of 14 Compliant if Conditions of Approval Met Landscaping: Ten (10) feet of onsite landscaping is required along all public street frontages, with the exception of areas for required walkways and driveways per RMC 4-4- 070. Such landscaping shall include a mixture of trees, shrubs, and groundcover as approved by the Department of Community and Economic Development. Minimum planting strip widths between the curb and sidewalk are established according to the street development standards of RMC 4-6-060. Street trees and, at a minimum, groundcover are to be located in this area when present. Where there is insufficient right-of-way space or no public frontage, street trees are required in the front yard. A minimum of two (2) trees are to be located in the front yard prior to final inspection. Staff Camment: The applicant has submitted a conceptuollandscape plan (Exhibit 10). Staff recammends that a final detailed landscape plan shall be submitted ta and approved by the Current Planning Project Manager prior to canstruction. Portians of the landscaping could be met with native plants near the wetlands on the west. Parking: Each unit is required to accommodate off-street parking for a minimum of two (2) vehicles. Staff Comment: Sufficient area exist, on each lot, to accommodate off-street parking for a minimum of two (2) vehicles. 3. CRITICAL AREAS: The proposal is consistent with critical area regulations as stated in RMC 4-3-050 if all conditions of approval are met: Compliant if Conditions of Approval Met HEX Report Critical Areas: Manage development activities to protect wetlands, aquifer protection areas, fish and wildlife habitat, frequently flooded and geologically hazardous areas as defined by the Growth Management Act and RMC 4-3-050, Critical Area Regulations. Staff Comment: The applicant submitted a Critical Area Report & Supplemental Stream Study prepared by Sewall Wetland Consulting, Inc. (dated January 28, 2014 and updated May 15, 2014; Exhibits 12 and 13, respectively), identifying five Cotegary 3 wetlands (Wetlands A-E), sensitive slopes alongside the western boundary of the property, a Class 4 stream, and a Class 2 stream (Panther Creek) located off-site with a buffer extending onto the subject site. All of the onsite wetlands were identified as "slope type" wetlands, with varying degrees of disturbance. As slope wetlands, none of these wetlands were listed to either store or attenuate any runoff or flows. Using the Washington State Department of Ecology (WADOE) wetland ratings system, these wetlands score extremely low for water quality and hydrologic function and low for habitat function. A description of each emergent Wetlands A-E, Stream A and Panther Creek are described in the ERC report (Exhibit 28). Specifics from the report, including Wetland A, will be enhanced to create an area with a forested and emergent plant community with enhanced functional value, primarily by raising its habitat function. The planting schedule includes adding critical area fencing and signage in addition to 376 trees and plants to Wetland A and the storm water outfall area. Wetland E is proposed to be filled, and mitigation for the loss of water quality and hydralogic function would be required. "Out of kind" provision using wetland enhancement is being suggested as mitigation. Recent revisions to the site plan have reduced the overall impacts to the wetlands, and a new mitigation plan will need to be submitted consistent with the reduced impacts. The applicant will be required to comply with RMC 4-3-050 Critical Areas regulations to mitigate for any impacts permitted to the wetland buffer. Staff recommends, as a condition of approval, the applicant submit a Final Mitigation Plan for impacts to the critical areas or their buffers. The Final Mitigation Plan shall be submitted to and appraved by the Current Planning Project Manager prior to utility construction permit approval. The applicant shall City of Renton Deportment of C 'unity & Economic Development Preliminary Plat Report & Decision LUA14-000190, ECF, PP, LLA, MOD PANTHER LAKE PRELIMINARY PLAT Hearing Date July 15, 2014 Page 10 of 14 also establish a Native Growth Protectian Easement for the areas west of Wetland A, Wetland B, Panther Creek, Troct B, and their associated buffer areas, and place fencing and signage along the outer buffer edge. Vegetation consists primarily of pasture field gross, a variety of trees, and blackberries. The majority of the steeper sloping areas also include orchard grass, tall feseue, bentgrass, and quackgrass. Alderwood Gravelly Sandy Loam exists throughout the site and surrounding area. Alderwood soils formed in glacial till and typicolly present a slight to mode rote erosion hazard and slow to medium runoff. Stability of the slope areas, which is underlain by glacial till, con be charocterized as moderote. Pursuant to the Droinage Control Plan (Exhibit 9) a 6 foot high concrete retaining wall is proposed on the west side of the pond based on cross section A-A. The plan set does not show buffers to Wetland C and Wetland D in this area, therefore, you connot determine if there would be impacts to the wetland or buffers as a result of the pond design. The applicont would be required to address buffer impacts created by the construction of the retaining wall and the placement of the pond in relationship to the identified wetlands and their buffers. In addition, temporary erosion, sedimentation control measures and construction impacts shall be in accordance with City of Renton requirements. The applicont would be required to identify and mitigate accordingly. Patrick McGraner with the Department of Ecology (Exhibit 17) indicates that the applicant shall obtain all necessary state and federal autharization for wetland impacts prior to beginning any ground disturbing activities. 4. COMMUNITY ASSETS: The proposal is consistent with the following community asset requirements, if all conditions of approval are complied with: Compliant if Conditions of Approval Met HEX Report Tree Retention: RMC 4-4-130 states thirty percent (30%) of the trees shall be retained in a residential development. Staff Comment: The properties are covered in trees with the majority being situated along the western boundary of the properties. There are a variety of tree species onsite, including Douglas Fir, Maple, Cedar and severol others in smaller numbers. There are approximately 190 trees over 6 inches in diameter On the seven (7) parcels proposed to be developed. After street and criticol area deductions, and the minimum requirement to retain 30%, the applicont is required to retain 44 trees. The applicant is proposing to maintain 24 trees, and a minimum of 120 new trees will be provided at 2" DBH to achieve the 240 required replacement inches; this complies with Renton Municipal Code. All trees that are proposed to be retained, including 34 in the criticol areas and buffers, will be fenced and signed during construction process for preservation (Exhibit 6). The applicont is proposing additional trees beyond what the minimum 20 treesj240 inches. Trees loco ted in the criticol area buffers are required to be retained; otherwise a variance is needed from tree regulations. Due to the infill of Wetland E, it is assumed trees would be removed from this wetland and its buffer. These trees should be included in the tree retention coleulations. In addition, the removal of trees from a wetland and it buffer is prohibited pursuant to RMC 4-3-050M, as such, a variance will be needed for any tree removal activity within the wetland and its associated 25-foot buffer. Staff recommends as a condition of approval that the applicant either obtain a variance for the tree removal or redesign the plat to retain the trees locoted in Wetland E and it buffer. City of Renton Deportment of L 1unity & Economic Development Preliminary Plat Report & Decision LUA14-000190, ECF, PP, [LA, MOO PANTHER LAKE PRELIMINARY PLA T ... Hearing Date July 15, 2014 Page 11 of 14 S. COMPLIANCE WITH SUBDIVISION REGULATIONS: RMC 4-7 Provides review criteria for the subdivisions. The proposal is consistent with the following subdivision regulations if all conditions of approval are complied with: N/A Compliant if Conditions of Approval Met HEX Report Access: Each lot must have access to a public street or road. Access may be by private access easement street per the requirements of the street standards. Blocks: Blocks shall be deep enough to allow two tiers of lots. Streets: The proposed street system shall extend and create connections between existing streets per the Street Standards outlined in RMC 4-6-060 Street Standards. Staff Comment: Primory access to the site is proposed via a new street intersection on 10Bth Ave SE (SR 515). The existing BO-foot right-of-way width on 10Bth Ave SE is a developed s- lane Principal Arterial with a pasted speed limit of 40 MPH. In order to build this street section, approximately 12.5 feet of right-of-way will be required to be dedicated to the City along the project side of 10Bth Ave Sf. A 25-faat access easement and a second 20-faot gated fire lane access road will be extended from the terminus of Road C across lBB19 10Bth Ave SE (Exhibit 3 and Exhibit B). Renton Fire Department is requiring access from all shared private driveways to provide a minimum 20-faat wide paved access road. The applicant has submitted a request for a modification from half-street frontage improvements along the project frontage in order to maintain the existing built road standard. In order to meet the City's complete street standards, street improvements including an B-foat planting strip behind the existing curb, a 12-foot sidewalk (shared bike/pedestrian), a 2-foot strip back of sidewalk, storm drainage, and street lighting would be required. The applicant has identified the following four reasons for justification of the street modification: 1) The total length of the frontage improvements that would be installed are only about 125', once the intersection and cub returns are taken into account. This minimal length of improvements would result in awkward tronsitions to and from the existing improvements and would result in little, if any public benefit; 2) There are no similar improvements along the entire 7-mile stretch of Benson Road S from S Grady Way to SE Kent-Kangely Road (SR-516); 3) It is highly unlikely that the City of Renton will be retrofitting this stretch of roadway in the next 10-years; and 4) We are not aware of any City plans to canstruct these improvements within the next 10-years. In addition landscaping will be provided near the entrance to enhance the entry to the plat and along the additional frontage right-of-way. Tract A will be designated for landscaping and plat monumentatian. Staff will be recommending approval of the street modification at the entry as proposed. A Traffic Impact Analysis prepared by Jake TraffiC Engineering, Inc. (dated January 22, 2014; Exhibit 15) was submitted with the application materials. The proposed 34-lot subdivision would generate 305 new trips: 24 and 32 trips during the weekday, AM and PM peak hour, respectively. The Traffic Impact Analysis reviewed the City of Renton's 6-year TIP and no project is noted on 10Bth Ave SE. The AASHTO sight lines criteria are 305 feet for Stopping Sight Distance and 445 feet for Entering Sight Distance. No City claSSified intersection would be affected by site troffic. Applicant will be subject to WSDOT approval of the driveway cut on SR 515. It is also anticipated that the proposed project would result in impacts to the City's street system. In order to mitigate tronsportation impacts, the applicant would be required to meet City of Renton's transportation concurrency requirements (Exhibit 20) and pay an appropriate Transportation Impact Fee. Currently, this fee is ossessed at $1,403.72 per net new single family home. City of Renton Department of L 1unity & Economic Development Preliminary Plat Report & Decision LUA14·000190, ECF, PP, LLA, MOD PANTHER LAKE PRELIMINARY PLA T Hearing Date July 15, 2014 Page 12 of 14 Relationship to Existing Uses: The proposed project is compatible with existing surrounding uses. Staff Comment: The properties surrounding the subject site are residential single family or residential medium density and are designated R-8 or R-14 on the City's zoning map. The proposal is similar to existing development patterns in the area and is consistent with the ./ Comprehensive Plan and Zoning Code, which encouroge residential infill development. The existing single family home at 18661 108th Ave SE is located very close to its north property line and as a result does not meet minimum side yard setbacks. Staff recommends, as a condition of approval, Lot 33 and Lot 34 record a no build easement along the back yard to prevent future detached accessory structures from being placed at or near the property line. 6. AVAILABILITY AND IMPACT ON PUBLIC SERVICES: Compliant if Conditions of Approval Met Compliant if Conditions of Approval Met HEX Report Police and Fire: Police and Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provides Code required improvements and fees. Fire impact fees are applicable at the rate of $479.28 per single family unit. This fee is paid at time of building permit issuance. Schools: It is anticipated that the Renton School District can accommodate any additional students generated by this proposal at the following schools: Benson Hill Elementary (0.68 miles from the subject Site), Nelsen Middle School (1.72 miles from the subject site), and Lindbergh High School (2.54 miles from the subject site). RCW 58.17.110(2} provides that no subdivision be approved without making a written finding of adequate provision made for safe walking conditions for students who walk to and from school. While the designated schools are located within a close proximity of the subject site, future students are designated to be transported to school via bus. The bus stops for all three schools are identified in Exhibit 26. A 5-faat sidewalk exists along 108th Ave SE and SE 180'h St between the subject site and the deSignated bus stops, which would provide a safe walking route from the proposed subdivision to the bus stop. A School Impact Fee, based an new single family lots, will also be required in order to mitigate the proposal's potential impacts to Renton School District. The fee is payable to the City as specified by the Renton Municipal Code. Currently, the fee is assessed at $5,455.00 per single family residence. Storm Water: An adequate drainage system shall be provided for the proper drainage of all surface water. Stoff Comment: The 7.92-acre site is located within the Panther Creek Sub basin. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Conditions and requires a flow control facility sized to match the flow duration of a forested condition. The applicant's Preliminary Technical Information (Exhibit 14) states that water quality treatment will be provided by a stormfilter vault, followed by a storm water detention pond locoted in the southwest portion of the site and will discharge to the west toward Panther Creek. The subdivision is subject to full drainage review in accordance with the 2009 King County Surface Water Manual and City of Renton Amendments to the KCSWM, Chapters 1 and 2. Appropriate Best Management Proctices (BMPs) from the Washington State Department of Ecology Manual for individual lot flow control will be required to help mitigate the new runoff created by this development. The northwest corner of the project proposes to provide a stormfilter manhole to treat the bypass area before discharging near the west property line. Staff recommends, as a condition of approval, using an oversized level spreader. Additional project BMPs are identified in the construction mitigation description (Exhibit 18). City of Renton Deportment of L JUnity & Economic Development Preliminary Plat Report & Decision LUA14-000190, ECf, PP, LLA, MOO PANTHER LAKE PRELIMINARY PLA T Hearing Date July 15, 2014 Page 13 of 14 Prior to ony development of a discharge system or alteration of a property containing a critical areo, the owner or designee must obtoin a development permit and a Critical Areas Exemption. The applicant would be required to dischorge the storm water outfall system with an energy dissipater located at the OHWM of Panther Creek. An area of 10 feet on each side af the prapased storm water outfall canstruction zone, and restoration of this area will be used as an area of potential temporary disturbance during the canstruction. Enhancement of the temporary construction area is identified in the wetland enhancement plan; the final enhancement planting schedule will be required to match the required outfall system plan. Because work is being praposed outside the applicant's property, a drainage easement has been secured with the DeCamp property to the west (Exhibits 21 and 22). Karen Walter, fram the Muckleshoot Indian Tribe, commented (Exhibit 16) on her desire for the storm water treatment method to be increased from the proposed bosic treatment to enhanced treatment methods to minimize the amount of oiljPAHs and metals prior to any storm water discharges into Panther Creek, a known fish-bearing stream in the Springbrook Creek Sub basin. Enhanced treatment methods would require an additianal vault, downstream of the proposed storm water pond, within sensitive slopes and the 100-foor buffer fram the Class 2 stream. Basic water quality will be provided using a Storm Filter system and appropriate individual lot flow control BMPs will be required to help mitigate the new runoff created by this development. A geotechnical repart, dated September 3, 2013, was submitted by Earth Solutions NW, LLC (Exhibit 11). A SEPA mitigation measure (Exhibit 29) was imposed by the City's Environmental Review Committee (ERC), requiring that the project construction comply with the recommendations outlined in the submitted geotechnicol report. The report identifies the soils as medium dense ta very dense glaCial til/, not supportive of water infiltrotion. Graundwater seepage was observed at five feet belaw grade along the western property line. The seepage likely represents perched groundwater. StormwaterjSensitive Areas Tract C includes both the storm water and the critical areas in the same tract. The storm water pond sholl be located in 0 separate tract as it would not fall within the NGPE area. The applicant shall be required to create a homeowners' association and maintenance agreement(s) for the shored utilities, stormwater facilities, and maintenance and responsibilities for all shared improvements of this development. A draft of the document(s) shall be submitted to Current Planning Project Manager for review and approval by the City Attorney and Property Services section prior to the recording of the final plat. Water and Sanitary Sewer: This site is located in the Soos Water and Sewer District service boundary. A sewer and water availability certificate was submitted to the City. Approved sewer and water plans shall be submitted to the City. Water is readily available within lOS'· Ave Sf. The sewer connection point is located in the northwest corner of the property. I J. RECOMMENDATIONS: Staff recommends approval of the Panther Lake Preliminary Plat (as depicted in Exhibit 3) and Street Modifications subject to the following conditions: 1. The applicant shall comply with the two mitigation measures issued as part of the Determination of Non-Significance Mitigated, dated June 23, 2014. 2. The applicant shall obtain a demolition permit and all required inspections for the removal of the existing single family residences and detached garages prior to Final Plat recording. HEX Report City of Renton Department of L wnity & Economic Development PANTHER LAKE PRELIMINARY PLA T Preliminary Plat Report & Decision LUA14-000190, ECF, PP, LLA, MOD Hearing Date July 15,2014 Page 14 of 14 3. The applicant shall obtain all necessary state and federal authorization for wetland impacts prior to beginning any ground disturbing activities, within the wetlands and their buffers. 4. A final detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit issuance. 5. The applicant shall submit a Final Mitigation Plan for all construction impacts to the critical areas and their buffers. The Final Mitigation Plan shall be submitted to and approved by the Current Planning Project Manager prior to utility construction permit approval. All wetland mitigation, including required fencing and signage shall be installed prior to final approval of the construction permit. 6. "Stormwater/Sensitive Areas Tract C," which includes both a stormwater pond and sensitive areas, shall be separated into two tracts in order to apply a Native Growth Protection Easement over the critical areas portion. 7. The applicant shall establish a Native Growth Protection Easement over that part of the site encompassing the remaining stream and wetland buffer areas, prior to Final Plat Recording. 8. The applicant shall be required to create a Homeowners' Association (HOA) with shared responsibility for maintenance of Native Growth Protection Easement and all shared improvements of this development, including but not limited to utilities, shared driveways, common landscaping, and park space. A draft of the document(s) shall be submitted to the Current Planning Project Manager for review and approval by the City Attorney and Property Services prior to the recording of the final plat. 9. The applicant shall be required to either obtain a variance for the tree removal and resubmit the City of Renton Tree Retention Worksheet or redesign the plat to retain the trees located in Wetland E and it buffer. The updated tree retention plan and worksheet along with an approved variance shall be obtained prior to the issuance of a construction permit. 10. The applicant shall record, on the face of the plat, a minimum 5-foot restrictive building easement (no build) on the south lot lines of Lot 33 and Lot 34. 11. The applicant shall obtain approval for a Critical Area Exemption (also a Tier I permit) for all activities that will intrude into a critical area or required buffer according to the City of Renton Critical Areas Regulations in RMC 4-3-050C, J, L, and N. 12. The applicant shall be required to comply with Level 2 erosion control by discharging stormwater outfall using an energy dissipater located at the ordinary high water mark of Panther Creek within the drainage easement. 13. The applicant shall provide an oversized level spreader to treat the bypass area. 14. Access to Lots 20,21, and 22 shall be required to be served via a 20-foot wide paved shared private driveway. 15. Each Preliminary Plat Sheet that is inconsistent with the revised Preliminary Plat Plan shall be revised and resubmitted to and approved by the Current Planning Project Manager prior to utility construction permit approval. HEX Report ~ '. ~ • " {11 ~1 , . , . , ~ , , ! ! ; , , , , , W , < ' < , , J ! ' I. ~ CI , l-ll-!l'l!-II-II-II-lI-II:jj~ ~~~~J!lLH~~ p EXHIBIT 2 !!IIHI . -n----I a ~ t; ~ t:" t; t; ~ ~ ~ ~ ~ ~ ~ II II ~oo~i!i ~ ~ 0 ~ PANTHER LAKE PREUtoI1NARY PLAT PI..JH ~ ~I---- ROAD 8 I" ", J _.-...:MI,,,,,,,, 1 _--- I" "I • ~ ~ o ~ ~ o z o ~ ~ I m <n m PROPERTY OWNER AUTHORIZATION FORM Name of Project: Panther Lake PreJimjnarv Plat Street Address: 18655 108TH A VB SE ParreINnmbe~: _~32~2~3~O~5-~9~12~3~ ____________________ _ Property Owner's Name: ",D""onn~Le""",s""li",-e-""Lansing""",,",,' ""'-_______________ _ Property Owner's Company Name (if applicable): =cN",o",t a",p""p""li",cab""",le,,-, ________ _ Applicant's Name: ",Ro"-b~Ris,,,' "'inu;g"'er'--__________________ _ Applicant's Company Name (if applicable): Conner Homes Group, LLC I, Donn Leslie Lansing , authorize Rob Risinger to act on my behalf for the Panther Lake Preliminary Plat Application for the above referenced property, ~ Signature of £:S STATE OF WASHINGTON ) SS COUNTY OF KING ) Date I certify that I know or have satisfactory evidence that Donn Leslie Lansing signed this instrument and acknowledge it to be hislher!their free and voluntary act for the uses and purpose mentioned in the instrument. ( Dated N or the State ofWashington Notary (Print): 5fvYJoon C ... ~ \'OS~ My appointment expires: ) () -I S--Q) 0/ (p EXHIBIT 4 PROPERTY OWNER AUTHORIZATION FORM Name oCProject: Panther Lake Preliminary Plat Street Address: 18655 I 08111 AVE SE Parcel Numbers: _~3",22""3",0£5-:29",-12,,,3L' __________________ _ Property Owner's Name: ",Jam"""e""s,-,M",-,. D""'enze""'''-f ________________ _ Property Owner's Company Name (if applicable): ,-N",o:>-t "'ap"'p"'li"'c"'ab"'l"'e.~ _______ _ Applicant's Name: ~R~o~b~Ri~·s~IDg~e~r ________________________ _ Applicant's Company Name (if applicable): Conner Homes Group. LLC I, Jaines M. Denzer , authorize Rob Risinger to act on my behalf for the Panther Lake Preliminary Plat Application for the above referenced property. /"~. \ ~/ ~IP\" Signature of Owner Date STATE OF W7\SmNGTON .11., < ",u, ) SS COUNTY GF *INtY ) ftcJh ... " <- I certify that I know or have satisfactory evidence that James M. Denzer signed this instrument and acknowledge it to be hislher/their free and voluntary act for the uses and purpose mentioned in the instrument. . 1il DebOlah Hend oks : ~i ~""': -~)) Notal)' Pub/i ~ i~/ Mohave County, t mona '\.~J My Comm. Expires 1 11412015 /-d 2 --J () f '-( Dated Notary Public in and for the State ofWztshington /II'; <0" " Notary (print): JJlc .... 1.. I/O./r"kf My appointment expires: /;-1 L( -.2 0/ S ROPERTY OWNER AUTHORIZATION FORM Name of Project: Panther Lake Preliminary Plat Street Address: 18647 1 08TH AVE SE Par~INumben: _~3~22~3~O~5~-9~1~4~8,~-~9~27~3~,~&~-9=3~44~ _____________________ ---- Property Owner's Name: Douglas F Worth and LeaH Worth, husband and wife, Property Owner's Company Name (if applicable): N=o,,-t ",ap""o",l",ica",b",l",e,,-, __________ _ Applicant's Name: "R",o",b-"Ri,.'",sin""",ge,,,r~ ____________________ _ Applicant's Company Name (if applicable): Conner Homes Group, LLC We, Douglas and Leah Worth , authorize Rob Risinger to act on my behalf for the Panther Lake Preliminary Plat Application for the above referenced property. ~*&h£ __ Signature ofO:r I' 11 STATE OF WAS}IINGTON J ) SS COUNTY OF ~G ) ;>, , ~I Signature of Owner I certifY that I:' know or have satisfactory evidence that Douglas Worth ~igned this instrument and acknowledge it to be his'hr'*h;r frPe and voluntary act for the uses and purpose mentioned in the ~trument. Date Notary Public in and for the State of Washington Notary (Print): d:7P-fi1 1.. .f1.vlu:... My appointment expires: _·Q-ITz""I""/'-/h<-L.-i&{'--_____ __ .r..; 7 12/18/13 11: 07 FAX 919 557 807_0 __ THE UPS..m;QjlE #4407 Ii!! 001 --'------- PROPERTY OWNER AUTHORIZATION FORM Name of Project: Panther Lake Preliminary Plat StreetAddreu: 18647108TI1AVESE Parcel Numben: 322305-9148. -9273. & -9344 Property Owner's Name: DouglasF Worth and LeaHWor!h.lmsbandand wife. Property Owner's Company Name (if applia:able): ~N'Y!otUimmlllB!ti",·C8!!!,b!!!le,,-. ______ _ Applieant's Name: ~Ro!!!bl.!Ris~·l!!in!!lg&!1erL-________________ _ Applieant's Compaay Name ('d'llpp1ieable): (Annm: Homes Group. lle We, DovgliV'1!t1d Lea Worth • anthoriu: Rob Risinger to act on my behalffor the Panther Lake Preliminary Plat Application for 1he above refcrc:oced property. Q ~ .. 1-1 lind ;?,hlj,-, :::------------ Signatun: of Owner Date SigDature of Owner Date . fi) STATE OF WA"SiHn(J~i ~ COUNTY OF gre ) \MI~ I certify 1hat I know or have satisfactory evidence 1hat (i!J iii!! g'e-I Lea Worth signed this instrument and acknowledge it to be hislb.erItheir free and vohmtaIy act for the uses and JIUIPO.9EI mentioned in the instrument. MEUSSA HIWARO NOIaIy Public Wake County, NO My Col, •• .;..;"., &pfreo JUly 18,2014 - Notary Public in and for die Sta1e ofWMhilltt r-c Notary (Prlnt): Me.l(~ H, \l (oro' Myappoinlmentexpires: J0''1 \9,20IY PROPERTY OWNER AUfHORIZA TION FORM Name of Project: Panther Lake Preliminary Plat Street Address: _-,-,18",8,,-19,,--,-,1 O",8,-!TH~A2V.LE",--"S""E _______________ _ ParcclNumben: _6~6~2~34~O~-~OO~5~4_~_~ ______________ _ Property Owner's Name: EP Enterprise Properties LLC Property Owner's Company Name (if applicable): N"-""o,,,t a9lP.!J,1l",li",c",ab""l",e.~ _______ _ Applicant's Name: R=ob"-"Ri,,,' s""in"'g."e",.f ____________________ _ Applicant's Company Name (if applicable): Conner Homes Group. LLC EP Enterprise Properties LLC • authorizes Rob Risinger to act on the LLC's behalf fOf the Panther Lake Preliminary Plat Application for the above referenced property. Signature of Owner STATE OF WASHINGTON ) SS COUNTY OF KING ) /-26-1 ,,/ Date Signature of Owner I certify that I know or have satisfactory evidence that ---.-!! managing partner ofEP Entell'rise Properties LLC signed this instrument and acknowledge it to be hislher/their free and voluntary act for the uses and pnrpose mentioned in the instrument. Date Dated Notary (print): r the State of Washington GHoLA'Y1 AM-/VIer .. cl My appointment expires: __ I...:,/._j._3--'1_8_o_I_7 ____ _ PROPERTY OWNER AUTHORIZATION FORM Name of Project: Panther Lake Preliminary Plat Street Address: 18825 I08TH AVE SE ParcclNumben: __ ~6~62~3~4~O~-O~O~5~3 ______________________________________ __ Property Owner's Name: Tammy Deacy, Personal Representative of the Estate of Elva Deacy Property Owner's Company Name (if applicable): ",N"o",t..,ap",o",l",ic",ab"""le,,-, ________________ _ Applicant's Name: ..,R"'ob""""'Ri,.''''sin''''''ge'''r __________________________________________ _ Applicant's Company Name (if applicable): Conner Homes Grou))" LLC 1. Tammy Deacy, Personal Representative of the Estate of Elva Deacy, authorize Rob Risinger to act on our behalf for the Panther Lake Preliminary Plat Application for the above referenced property, Sign Signature of Owner STATE OF WASHINGTON ) SS COUNTY OF KING ) Date Signature of Owner Date Signature of Owner I certify that I know or have satisfactory evidence that Tammy· Deacy, Personal Reoresentative of the Estate of Elva Deacy signed this instrument and acknowledge it to be her free and voluntary act for the uses and pmpose mentioned in t ~e instrument Date Date Notary PubliC, and for thtl tate of Washington Notary (Print): (Jtt~e L:e.. My appointment expires: 12.. -Ol-/ta * Please see attached legal documentation establishing the heirs and devisees of Elva K, Deacy, FlLED 2Il\3 J~H 30 PM lj: 04 KING COUNTY , \JPE.RIOR COURT CLERK .J S O,TT L E. W P. IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON COUNTY OF KING IN RE THE ESTATE OF ELVA K. DEACY NO: 12-4-03699-1 KNT LETTERS TESTAMENTARY DECEASED (LTRTS) The last will of the above named decedent was duly exhibited, proven lilld filed on JUNE 13,2012. It appears in and by said will that: TAMMY DEACY is named Executor(s) and by order of this court is authorized to execute said will according to'law. WIINESS my hand and seal of said Court: January 30, 2013. STATE OF WASHINGTON) County of King ) BARBARA MINER King Co Court Clerk ---=:--:::::-c::-:-:-:--, Deputy Clerk .' I, BARBARA MINER, Clerk of the Superior Court of the State ofWasbington, for the County of King, do hereby certiJY that I have compared the foregoing copy with the original instrument as the same appears on file and of record in my office, and that the same is a true and pertect transcript of said original and of the whole thereof IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of said Superior Court at my office at . Seattle on this date . JAN 3 0 2013 ~ SnperiorCourt Clerk ~ ,DeputyClerl< • NOT OFFICIAL WITHOUT SEAL· RCW 11.28.140; 11.28.28C L;\forms\cashiers\downtown cashiers\Lctters Testamcn.taty-fill in SCOM[S oode: LTRTS revised: 03/0 J , , j ~ , . . . . i I ! : § ~ ~ , --~------ -------- PANTHER LAKE EXlsnNC CONDmONS 1 /1 " /' -' -' '" -' ./ EXHIBIT 5 .. / ./ / / .. / .. " / ,/ ~ / / -' --, ...... , - -----------_. -----~~-~ o "' ; . ~ . l ~ ~ , , o ~ ~ ~ ~ " ." , " 0 H ~ ~ , > ~ 0 ~ ~ i'i z 0 , ..; ~ m 00 m l 0 , '" m " ..; ~ jj ~ z m ~ , M W Z ~ > 2 G> m '" I' " 2 Q 0 0 ~ {SR-Si5) ("".;.,~", MTr~wl " ---~-.,..-.----- -~ ~ w z Z S 0 z ;J:;:~ §~ ~~~~~~~ ~~ 1m ! p ! 0 000, ~t", " qG;~';l~~~ s~ i n ~;~ ~~ U9,lIIo· "" '< 8;:: , , ~: ' . " , ~~.~:~~+ !! ~~ , ! ~ I ~ ~ ~~~ ;11 !~ ! > ~~M~~~~ " r [;l'~ ! .. <I 'm » " ~ ~~E ~~~;~~.~ ~,~ ~ , z I ~ • • , "'o~~:.! ~.e , , ~ ~ 0 d~ 1 , ~::~ , 1!I~~~::l':' • , 0 ~~ , ". • , , ~ EXHIBIT 6 IIOMes PANTHER LAKE or I>OITON TR£E CUTTING LAND CLEARING PLAN ...... ,/--,~----/ ---_/ / \ loaTH AVI; SE:. {~R-C15J \ ________ '-__ 'p"'-Hmo .. ,) ~f ',"0, ~ j ~ ~~>'''i~ -m "'~ ~--l 0 ~ .. ~l q "' • • ~ , ~a ~ ~ ~ . m ~ i " • , ~ 3 ~ -~ , • EXHIBIT 7 , L " !, I] , , ! \-~~ '-, \ ) \) ! A PORTION OFTHESE 1/4 OF SECT:ON 32. TOV<.'NSHIP 23N .. RANGE5E. KING COUNTY, WA.SHINGTON "j m1 ! ~! i < ~ : ~ ~ I : .3!. : " ! x-~-~·· ~=~-,~, . -! ,~ll I ,)~,;1.;--..,'--:,.:::F::::::::; 'V __ .. ,_I ~-"--L '. .' '. ...,-<1-,'''''''""~.'''''''-""', ~;;;' ,,-," ._,-,/ _" ,'~',-K-<+ -,'"" :II .=~-J~ --Ifji'f-! , t", ,~ri ~~~ " ",; .,\.,,'\~~2~U >--! I ~ '.;) n SCALE:,"_ 41)' , CC,,"TOI..R 'NTEFl'OU ... _ 2- Y;:~.~P--- -------~ ------- ... -----,---- ""'>1 1:)0151 ~, . ___ F~O' ~ -HQ' .... R~~ -of. =r NOTES: ~IE Sf£L" FO'_c "{C'I::t>~ co I- M !XI I-t l: >< w r iHL ____________________________________________________________________ ~ I i !1 " ", ~. " i , , W~ (J) ~ ~ ~ 'L o ..J Ii J: 0:. ~~ f-I< Z~ «~ CL~ " ! • PP-05 HI l' 11 , ? .~p-=.~~, --. --,- \ \ I ) ( \ , ) I I lR£.>J6l. B.J1 ",,~ p"",,"';o A PORTION OFTHE SE 1/4 OF SECTIDI\I~.2, TOWNSHIP 23N., RANGE5E, KING COUNTY, WASHINGTON ,J:~g:E;-' -, 1;.1 II I, :1: " , iii ' «~ "I : ;i I cr., ~ : ~n I <[ f ' n ~ i i 'I I : , -,/ ! tr"'" :1 ' ! i i i <0, ,~ n SCALE:'· _ 4J' ,,' ,j",,' CO'lTQl;A InTERVAl_ O! ~, ... , ! 4+J !--- ~, "'" -j L.EGEND US'''; 5'0". t~~H:;t' us,,,; "-w ........ 5l'1ER U~'I'<C ";0.1;:' ""'~ _____ rlO'J!EO '1'. S10FN rPAH_ PIO"J!EO aA~n UI£ TAACTC STORM DRAINAGE FACILILTY IFIENno~ """uO'C-< IFIEIITIO~ poc>vr::r:. HOTE; "'--'-"~'.ClU~ en ;'10 1C HO '~p~ " .u-o:; C' ~,im c· en l:; aI 1-1 ::J: >< w POND GROSS SECTION B SC'-lE:: :::::::::-< r I I : i I '" , -/ ~ - ,~ +-1O '--_.-_ .. - r<5""11~ GRi'u..-:--....J --f~._ , "7--!-~~:.,~/ -----! i~ ,~ WA_ ./ / ~, '" j cu:r I <-~ "" I'L~~~~==~~=-__ ~~ __ =-=--==,m=' ~::;=~~. =-==== ~! 1, ill ,/ i 1+::1: ,,~ ,~ PON D CROSS SECTION ,.,..,... il , it " , I , I 1, " '. 6l ~ ~ L!I rJJ ~ ~ UJ «. ::; ..J~ ~ cd L!Is Iw f-~ z~ «0 0.. ! , PP-os , ~ ! ~ ~ ~ , i i ~ , . -I " jj , , , 11 i ~ , I: ; , • , , '0 " " , , , i , ; I h , , ~ ~ 1 i , , " , , c· . i i " , ~ I !. !-, i i j j J , , \: ., I , , , . • , , I t , PANTHER LAKE LANDSCAPE: , , • , I • ~. , , • 108TH AVE 3E (P .... ·,,"'" ...,...., .. ) ~ nj !ii'i . ,:1Ji' /- ; ~ om g m ~ o z " ~ ~~;<"'~'\" EXHIBIT 10 Earth Solutions NWLLC Geotechnical Engineering Geology Environmental Scientists Consrntcrion Monitoring GEOTECHNICAL ENGINEERING STUDY PROPOSED PANTHER LAKE RESIDENTIAL SUBDIVISION 18647 - 1 08TH AVENUE SOUTHEAST RENTON, WASHINGTON ES-2995 EXHIBIT 11 January 28,2014 Rob Risinger Conner Homes 846 108th Ave NE Bellevue, WA 98004 Sewall Wetland Consulting, Inc. 27641 CovinglDn Way S'E #2 Thone: 2')3.S59{E15 Covington WA 98OJ2 Fax: m.8524732 RE: Critical Area Report & Supplemental Stream Study Panther Lake Plat City of Renton, Washington SWC Job # 13-204 Dear Rob, This report describes our observations of jurisdictional wetlands, streams and buffers on or within 200' of the proposed Panther Lake Plat (Parcels #3223059148, #273, #344, #123, #088, #080, #6623400054) located on the west side of 108'h Avenue SE in in the City of Renton, Washington (the "site"). The site is an irregularly shaped 9.73 acre property containing five single family homes, as well as scattered outbuildings gravel driveways as well as large areas of lawn and ornamental landscaping. The site is located within the SE '/4 of Section 32, Township 23 North, Range 8 East of the W.M. METHODOLOGY Ed Sewall of Sewall Wetland Consulting, Inc. inspected the site on December 3,2013 and January 8,2014. The site was reviewed using methodology described in the Washington State Wetlands Identification Manual (WADOE, March 1997). This is the methodology currently recognized by City of Renton and the State of Washington for wetland determinations c Iso inspected using the methodology de~ Wetlands Delineation Entire Document Manual (Environ he Western Mountains, Valleys and eoa Available Upon Request )) dated June 24, 2010, as required by tl Soil colors were EXHIBIT 12 May 15, 2014 Rocale Timmons City of Renton Sewall Wetland Consulting. Inc. m Box &'() Alone: 253-S5'J.ili15 Fall City, WA'ID24 Planning and Development Department 1055 South Grady Way Renton, WA 98057 RE: Addendum to Critical Area Report & Supplemental Stream Study Panther Lake Preliminary Plat City File # PREI3-000413 Dear Rocale, This letter serves as an addendum to the Critical Area Report & Supplemental Stream Study that was prepared and submitted to the City of Renton for the Panther Lake Preliminary Plat. We understand that the City has required the project to be redesigned prior to accepting the application for processing, which has resulted in a few minor changes to the materials provided by Sewall Wetland Consulting. The overall result is that the revised layout reduces the impacts to the on-site wetlands. In particular, the site has been redesigned to avoid impacts to Wetlands B and C. The previous plan proposed to fill both of those wetlands and my previous report included mitigation for those impacts. However, with the avoidance of those wetlands no mitigation is proposed and the wetlands will remain on-site. The project continues to propose no impacts to Wetlands A & D or Stream A. The project is still proposing to fill Wetland E in the northwest comer of the property to allow for the extension of utilities and the construction of lots 9 and 10. The original mitigation plan prepared for this project anticipated this impact and mitigation will continue to be provided in the form of enhanceme ~land A. With the revised ph been reduced. Bas be reduced commel Entire Document Available Upon Request EXHIBIT 13 rIds on the site have ed mitigation plan will s and the mitigation PANTHER LAKE Preliminary Technical Information Report January 29.2014 Prepared for Conner Homes 846-108th Avenue NE. Suite 200 Bellevue. WA 98004 EXHIBIT 14 Submitled by ESM Consulting Engineers. LLC 33400 8th Avenue S. Suite 205 Federal Way. WA 98003 253.838.6113 tel 253.838.7104 fax www.esmcivil.com U r ,:i , ~ f" f , , , ",,' Renton PANTHER LAKE PLAT TRIP GENERATION, ACCESS REVIEW AND TIF TRAFFIC LETTER January 22, 2014 "~ ,''''' ," ~'~,",' .. ","'V'. ,¥"", • !~. ~ , . , , , ~ 1 . Jake Traffic Engineering, Inc. Mark J. Jacobs, PE, PTOE, President 2614 39th Ave SW -Seattle, WA 98116 -2503 Tel. 206~ 762~1978 -Cell 206.799,5692 EXHIBIT 15 From: Sent: To: Subject: Attachments: Clark, Karen Walter <KWalter@muckleshoot.nsn.us> Monday, June 09,20142:03 PM Clark Close RE: Panther lake Preliminary Plat, lUA14-000190, Notice of Application and Proposed Determination of Non-Significance, Mitigated landscape Ecotoxicology of Coho Salmon Spawner Mortality in Urban watersheds.pdf; copper toxicity-visibility vulnerability juv coho salmon predation by cutthroat trout_Mcintyre et al 20l2.pdf Thank you again for getting us all of the requested information. We have reviewed it and offer the following comments: As far as the proposed stormwater plan is concerned, the project proposes to treat stormwater using "basic treatment" methods (page 4-2. Preliminary Technical Information Report. Instead, we recommend that the project be required to treat stormwater using enhanced treatment methods to minimize the amount of oiliPAHs. and metals prior to any stormwater discharges that will go to Panther Creek, a known fish-bearing stream in the Springbrook Creek subbasin. Oils and metals are particularly toxic to salmon so every effort should be made to reduce them at the source (see attached papers). We appreciate the opportunity to comment and look forward to the City's responses. Best regards, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 253-876-3116 EXHIBIT 16 From: Sent: McGraner, Patrick (ECY) <patrick.mcgraner@ecy.wa.gov> Tuesday, May 27, 20142:51 PM To: Clark Close Subject: 201402609 Renton -SEPA (DNSM) Notice of Application -Panther Lake Preliminary Plat Dear Clark Close, After reviewing the application materials associated with the current SEPA notice, it has come to my attention that the applicant is proposing to fill three small wetlands for totaling approximately 2,468 s.f. I would ask that the City of Renton condition approval of any site work with the following stipulation: The applicant shall obtain all necessary state and federal authorizations for wetland impacts prior to beginning any ground disturbing activities (or timber harvest if applicable). Thank you, Patrick McGraner Wetlands Specialist Department of Ecology/NWRO 3190 160th Ave SE Bellevue, WA 98008 425-649-4447 patrick.mcgraner@ecy.wa.gov EXHIBIT 17 TO: FROM: SUBJECT: JOB NO: DATE: CITY OF RENTON EVAN MANN MEMORANDUM PANTHER LAKE CONSTRUCTION MITIGATION DESCRIPTION 258-044-013 01127/2014 ~I The Panther Lake Plat is located in the City of Renton and proposes subdividing 7 parcels into 34 lots with access off of 108'h Ave SE located near the intersection of 1 08'h Ave SE and SE 18th Lane. Stormwater will be detained by a proposed storm water detention pond located in the southwest comer of the site. Water quality will be provided by 2 stormfilter systems. Two existing dwellings and associated outbuildings will be demolished on site. The project is approximately scheduled to begin construction in May, 2014 and end in December, 2015. Construction hours of operation will follow the City of Renton Municipal Code Section 4-4-030.C.3.b. This limits construction activities to between 7:00am and 8:00pm Monday through Friday, and 9:00am to 8:00pm on Saturdays. No work is permitted on Sundays. No special hours are proposed for construction or hauling for this project Generally, the construction traffic will head north on 108'h Ave SE until reaching SE Petrovitsky Road, where traffic will head west and connect with Highway 167 in approximately one mile. Construction routes will vary depending on where the workers are coming from and where they are going. During clearing and grading, more specific haul routes will be established. Best Management Practices from the Washington State Department of Ecology Manual will be used to control dust traffic and transportation impacts, erosion, mud, noise and other noxious characteristics. BMP's that will be used on site include, but are not limited to: BMP C1 05: Stabilized Construction Entrance BMP C120: Temporary and Permanent Seeding BMP C123: Plastic Covering BMP C140: Dust Control BMP C151: Concrete Handling BMP C200: Interceptor Dike and Swale BMP C220: Storm Drain Inlet Protection BMP C240: Sediment Trap During clearing, all trees to be retained will be fenced and signed per RMC 4-4-1301.8.b. 1 08'h Ave SE is classified as a 5--Lane Principal Arterial and the proposed loop road through the project is a Limited ReSidential Access Road. Stop signs are proposed for traffic on the roadways entering 1 OS'" Ave SE. Additionally, there is a proposed street light on site at the intersection of Road A&B and Road C to satisfy stopping sight distance at night Civil Engineering. Land Surve Planning. landscape Architecture Ph EXHIBIT 18 3.7104 VICINITY MAP CALL 2. WORKING DAYS BEFORE YOU DIG 1-800-42.4-5555 r '" S-O>'("'UT I"N"OG""UH~ lm"1¥1OU"""""OWH •• , ..... 0 ..... "1 "",,1¥ .00' ONI ANO '"'''Cff'',TI« ,"n"," 0' l'<m O"WIN"~" A>N. TO'O<; ... ">< ..... NO"" .... ~ "OViD," ,y " ... r.oN"'l''''<I'"'''N'''~l''fl'''''''1l< 'V,NU' '. "'"' '"'_ "'"'W W~" W'')''''G'ON ." ""'EO lOllY ueo" '"'0, .. ,,"0" ",""otD.' DrH',", 'HE U.O'.firouwn '()UrlHC, ANn rONOInON Of BLl'''" un.In" .... ' "0' "'" ,',","{D 0' co",,, ... {~ A~O"'ON" VT'U1¥ LOCl"O" ."~ "'''~NG M~' 6[ "QU',," IIElO.""'" "'.,"O(pjHOI-,."O.".,u.lILy.<or",,,, ul1<ITI!, ,",,,, TQ '"E IT''''-0< WO'!. PROJECT SITE LEGAL DESCRIPTION '''eel, _ ""6COUNT< '" ,."" NO my", ... •• 'W' _ "NGUluN" T"".O"NO."''''\'''' '"eEl, _ "'GeOu~ ... ""um NO '"'''''''' •• Wl< _ ""~C"U"" "''''OO'NO, ",,,,10m ".""_""r.mUNT<,,,,,.m NO """"""" ",e", . ""~ COU",,;>, ,"eE' NO "lJOI)C»S' ,un< 1 ""GmUN"'TA''''CEl~O .. "oooos, t§; .. -. . . , Iii GENERAL NOTES """"I ~~~?,~':::':~~~~:;'" ""'''''''0 >C. (VN"'UcrION '"'.l" ">eW'''''N'' WIT" r, r. 0' ",Nm~ r_oo", O''"'''"(I,-'''n .... 0 ... ''" "."or (O"OITlON, l ~;;/~~~~ '~~~',~~ ~';~~~~:~;,;i~i;;,::-c''''''UCTION "'''''~G "V""' "Ln "TW"N (,,-,-0' AE"TON A CO» 0' '"ESE A'''O,"'' O .... :NGS "'ul-IE ON 'HE JOI "T{ .. _[NrYE' '0'111>.'-"0"0" "IN .. ","'" "" ,a~I""o' ,H", 9E 'E,'ONS'm ",. """O'"G 'OEOu"E $"E~u"O$, "'Ef'Y E>!VICES. '~O'EC1M ,,,,,,,,,,",_ "".G'>' '"0 ". ~,." N,,~,n ocr","' 10 ,"OUtl 1"' UfO HE" -H .... O ","fYDF 'H, ,u""e, AND 'J "O'E" ",O'E'''' '" OO""!CMN WITH Te[ ,,!"O'''''N'! 0< TH[ WO,"S"OW" 0" '"m Ort>\\,ING~ ,~, W~':,~~;~'~,~'.;~,:;'c','~~I:H":~~':.',;~~:,T;,~ ;:;,~g:~:"NO':'~:' " .. ," fcow 'HAl' 'E<lU'"' 'U"IC NO'"O~'''''"''' .,,'" ON ""''' '~OJO' " .. , 0< "' •• [ON".CTOO <HAl\ .CCO ...... O;.>.n: 'EAlII(~ H'-"."O"" COoOHIO", "''''" <O"'Pl"'~" T"' "'0'" _" ON '"" ..... "'rNGS CONSTRUCTION SEQUENCE fl."-' " .... " Of 'U.NTING ~" •• "0 ,0,-,r'ON 0' COl"", "E~ 'E~CiN~ "'l~!" .~O ""NO .'!_OON<"Ue"O~ I.<"~"O WI'H OWN"''''' e,n '" ""'OM eo.-'oc He" OU\ W({" <.(e"< ;vITH'" "A""~" .,,'" 1m ·"O"OU< "'!EO (O",",O"l"EET II T"'"'D"~E'~mp<"""'1 I",TO"N'TI";'''~ISrm\IIEETII IN".,,<.n'("AO"""'imo'''·''-'1 ,,,.N·V' .NO 0'''0&1.'1' '"0'"' <"! "nu'" '"OM ~NO .",," .N"''''O" ,,"H ~WN" ,,,,,",,m 'O"'''H' '''A'' Of "0,,10"'0 A PORTION OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.· KING COUNTY, WASHINGTON I , " .. ".. ... n· wtNoHO Wf'I~ 1 , I INI'.o.u.C~ITIU.'A~U. "'",'""iT1'("'~I),-I "~".~."""'.T "'00' •• , .. I , , ,t o __ ••• _- / / .. -"-0_ ... , 1. 17 _:0_'.1 , , .1 -. , A"" ...... A'""""~ .. '" 1"'V1,m".,. ....... ,6::, 5 , 2 • ': '! :'i-,,',",' 31 !II' 32 'II' 33'lf@ "............. ...........• I l __ ~ ...... '....:.......'- r-'--'" ._. ! _.-.. -.-.: !' I, , i 24 ! 25 26 11 , ___ --~"~O.l1O!' N'''''''.' ~ ,. en "'" l-.... I:D 1-1 :::c >< w ftbti;t..:- ~ ~ ~ E ~ ~ • j 1 Z ~w 0.. .. Z~ 0'" _w !;j::I: I!!'" _z ... oct -0.. :i!:' '" co ZZ ~Z ... 0 wU ~ ""IE' ,,""0" Kl.~""".E' "'~""." [S OM"""' ,." 00,,,,", E! i ; ! , , , , I ~ I ! '1 SITE PLAN ,""T- 1 ",3 ~ ~ z -< ~ n " OJ c :;; ~ -< 0 ~ ;: ~ -< m ~ 0 c -< }; := ~ ~ -< 0 ~ ,. :::! 0 z ~ N W 0 8 @ ® 0 ~ ICfICfI~I~I'f1 i , ! ~ i ; I , ~ I ! ~ ~ I ~ ~ ! ~ ~ ~ ~ , i i'i " , , I , l 1 I i ! I ~ ! i ~ :<:~ c"z mm::::! i!cz , , _c" c:;::;:;-v . ~ ... z I ~ ~ § , ~ , ! ~ I , ! ~ i i i , I ~. i I ~ , , , ~ ~ , i , , , ! z o x is c ~ " m m C n o :!i g ~ i , ! , i , ~ ~ I I ~ , i , I i :E > > . . . m -< ~ z c ~ ~ ~ z • :::! , z " ~ ~ z ., h ,. !i 11 ~~ til , • ! WETLAND MITIGATION PLAN: CONNOR-PANTHER LAKE _ Sewall Wetland ConsultIng,. Inc. ,r .. '-=--w .. 'w.~_ ... -.. , . ..-..00', ,_' • ..-"""" DATE: TO: FROM: COMMUNITY & ECONOMIC DEVELOPMENT June 3, 2014 MEMORANDUM Vanessa Dolbee, Current Planning Manager Steve lee, Development Engineering Manager SUBJECT: Traffic Concurrency Test for the Panther lake Plat The proposed Panther lake Plat consists of 34 lots (32 net new) single family homes, with a calculated daily trip generation of an additional 305 trips. The project passes the City of Renton Traffic Concurrency Test per RMC 4-6-070.D as follows. Traffic Concurrency Test Criteria Pass? Implementation of citywide Transportation Plan? Yes Within allowed growth levels? Yes Project subject to transportation mitigation or impact fees? Yes Site specific street improvements to be completed by project? Yes Traffic Concurrency Test Passes Evaluation of Test Criteria Implementation of citywide Transportation Plan?: As shown on the attached citywide traffic concurrency summary, the city's investment in completion of the forecast traffic improvements are at 130% of the scheduled expenditure through 2013. Within allowed growth levels?: As shown on the attached citywide traffic concurrency summary, the calculated citywide trip capacity for concurrency with the city adopted model for 2014 is 96,998 trips, which provides sufficient capacity to accommodate the 305 additional trips from this project. Project subject to transportation mitigation or impact fees?: The project will be subject to transportation impact fees at time of building permit. Site specific street improvements to be completed by project?: The project will be required to complete all internal and frontage street improvements for the plat prior to recording. Any additional off-site improvements identified through SEPA or land use approval will also be completed prior to recording of the plat. Background Information on Traffic Concurrency Test for Renton The City of Renton Traffic Concurrency requirements for proposed development projects are covered under Renton Municipal Code (RMC) 4-6-070. The specific concurrency test requirement is covered in RMC 4-6-070.D, which is listed for reference: EXHIBIT 20 Transportation Concurrency Te May 16, 2014 Ifhitman Court PUD D. CONCURRENCY REVIEW PROCESS: 1. Test Required: A concurrency test shall be conducted by the Department for each nonexempt development activity. The concurrency test shall determine consistency with the adopted Citywide Level of Service Index and Concurrency Management System established in the Transportation Element of the Renton Comprehensive Plan, according to rules and procedures established by the Department. The Department shall issue an initial concurrency test result describing the outcome of the concurrency test. 2. Written Finding Required: Prior to approval of any nonexempt development activity permit application, a written finding of concurrency shall be made by the City as part of the development permit approval. The finding of concurrency shall be made by the decision maker with the authority to approve the accompanying development permits required for a development activity. A written finding of concurrency shall apply only to the specific land uses, densities, intensities, and development project described in the application and development permit. 3. Failure of Test: If no reconsideration is requested, or if upon reconsideration a project fails the concurrency test, the project application shall be denied by the decision maker with the authority to approve the accompanying development activity permit application. The Concurrency Management System established in the Transportation Element on page XI-65 of the Comprehensive Plan states the following: Based upon the test of the citywide Transportation Plan, consideration of grawth levels included in the LOS-tested Transportation Plan, payment of a Transportation Mitigation Fee, and an application of site specific mitigation, development will have met City of Renton concurrency requirements. z AGREEMENT TO GRANT STORMWATER DRAINAGE EASEMENT This Agreement to Grant Stormwater Drainage Easement (this "Agreement") is entered into as of January 17,2014, by and between Larry B. DeCamp and Barbara J. DeCamp, husband and wife, and the marital community composed thereof ("DeCamp"), and CHG SF, LLC, a Washington limited liability company, and its heirs, successors and assigns ("CHG"). RECITALS A. DeCamp is the owner of that certain real property in King County, Washington identified as Tax Parcel Number 662340-0072 and legally described as: That portion of Tract 7 of Panther Lake Garden Tracts, according to the plat thereof recorded in Volume 9 of Plats, page 25, in King County, Washington, lying north of a straight line bisecting the easterly and westerly lines of said Tract 8 and produced easterly across said Tract 7. (the "DeCamp Property"). B. CHG is in the process of acquiring several parcels of certain real property legally described in attached Exhibit A (the "CHG Property") that are located adjacent to or nearby the DeCamp Property for development of a residential subdivision (the "CHG Project"). C. CHG desires an easement over, under, and across the DeCamp Property for installation of a stormwater pipe facility to bendit the CHG Property and to comply with the City of Renton's requirements for stormwater drainage for the CHG Project. D. DeCamp is agreeable to granting an easement to CHG in the form set forth in Exhibit B (the "Easemen!"), for stormwater drainage to benefit and serve the CHG Property and the CHG Project. NOW, THEREFORE, III furtherance of the recitals set fOlih above, which are incorporated herein by this reference, and in consideratIon of the mutual promises and covenants set forth below, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties acknowledge and agree to the following: 1. Grant of Ease in the form attached as Exhi required by the City of Rentor. 304-1 DeCamp -CHG Easement Ag Entire Document Available Upon Request EXHIBIT 21 nwater Drainage Easement ,e recorded by CHG when 1 its sole discretion AMENDMENT TO AGREEMENT TO GRi\NT STORM WATER DRAINAGE EASEMENT In consideration of the mutual promises and covenants set forth below, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Agreement to Grant Stormwatcr Drainage Easement, dated January 17, 2014, by and between Larry R DeCamp and Barbara J, DeCamp, husband and wife, and the marital community composed thereof ("DeCamp"), and CllG SF, LLC a Washington limited liability company, and its heirs, successors and assign,:, ('·CHG~·). hefcindi-leL the: "'Easenlt:Tll Agreement'") is hert:oy {lmenried as folluws·. AMEN Dit1ENf 2, Payment to Grantor. In consideration for the Eascnlcnt and after 111utual cXt:cution of this Agrcenlen(~. enG sball pay DcCan1p the 2mCU:11 81' $::'0,000 :l~ f(}llo'.'.'s: ii, C HG shall deposit $20,000 into an escrow account established. at CHG's expense, v,jih Chicago Title. 15215 SE 22"" St, Stc, IOL Kent, WA b The full amDunt of 520.000 shall h,~ paid in cash from escro\v !o DeCamp on July 15. 2014, or upon the Hearing Examiner's issuance <Jf pr~J!rni.n~u"y clpprOVo.J of th~ CHG Pn~jcct: subjed to conditions nf approval acceptable 10 CHG, in its sole discretion. urigimtl deposited und held in ,aid escrow. Upon payment of sal\! $20,000 In DeCRlTlp, escrow shall record lhe F~sement IJnle~s othcf"vise directed by CHG. d. If necessary. the parties shall execute escrow instructions to escrow consistent with this amendment and the Easement Agreement, 2. Section 5 of the Easement is amended as follows: 5. Conting Issue pI conditiO! not to pu 304-1 AlI1el7dlllem 10 DeCamp - ( Entire Document ' of Renton fails to Available Upon Request Project, subject to :tion, or CHG elects Agreement and the EXHIBIT 22 DEPARTMEN __ F COMMUNITY AND ECONOMIC DEVELOPMENT July 7,2014 Karen Walter Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 SUBJECT: PANTHER LAKE PRELIMINARY PLAT COMMENT RESPONSE LETTER LUA14-000190, ECF, PP, LLA, MOD Dear Ms. Walter: Thank you for your comments related to the Panther Lake Preliminary Plat, dated June 9, 2014, wherein you requested the City consider requiring the applicant to enhance stormwater treatment due to eventual discharge into Panther Creek, a known fish- bearing stream in the Springbrook Creek Subbasin. Specifically, you have requested the City require oil/water separators for the proposed project. I wanted to let you know that the following factors were considered as part of the SEPA review: 1. Does Panther Creek have a downstream Total Maximum Daily Load (TMDL)? Enhancement is only required if this area has a downstream TMDL classification. Panther Creek does not currently have a downstream TMDL. 2. Are there residential development impacts? While residential development can contribute to zinc or metals into a stream, it generally doesn't contribute enough that installing an enhanced stormwater treatment system would be highly beneficial. Other contributing factors adding zinc or metals to a stream may include car brakes, metal/zinc/copper type roofs, etc. Residential development is typically just turbidity, total suspended solids (TSS) and total dissolved solids (TDS) types. 3. Impact of installing a ~~-~-..... ~ .. I+? Enhancing stormwate! development plans, a~ proposed stormwater areas located at the S( exist. The project is SL Entire Document Available Upon Request EXHIBIT 23 change to the Je placed below the significant to the critical ,e slopes and wetlands : County Surface Water DEP ARTMEN'_ _ F COMMUNITY AND ECONOMIC DEVELOPMENT July 7,2014 Patrick McGraner Department of Ecology/NWRO 3190 160th Ave SE Bellevue, WA 98008 SUBJECT: PANTHER LAKE PRELIMINARY PLAT COMMENT RESPONSE LETTER LUA14-000190, ECF, PP, LLA, MOD Dear Mr. McGraner: Thank you for your comments related to the Panther Lake Preliminary Plat, dated May 27,2014, wherein you requested the City to condition approval of any site work as follows: "The applicant shall obtain all necessary state and federal authorizations for wetland impacts prior to beginning any ground disturbing activities (or timber harvest if applicable}." Your comments were included in the official project file and the reviewing officials did consider your concerns and requests as part of their review. Staff has included your suggested condition as a plat condition for preliminary plat approval. The public hearing is currently scheduled to take place on July 15, 2014. You have been made a party of record and if you have any further questions, please feel free to contact me at 425-430-7289 or cclose@rentonwa.gov. Thank you. Sincerely, Clark H. Close Associate Planner cc: Vanessa Dolbee "File" EXHIBIT 24 This certificate provides information necessary ta evaluate development proposals. Certificate: 4541 SOOS CREEK WATER AND SEWER DISTRICT CERTIFICATE OF WATER AVAILABILITY Type: Prelimina!y Plat or PUD : Applicant'. Name: Evan Mann ESM Consulting Engineers Proposed Use: 32 Single Family Residences lIPanther Lake PlatU Loeatinn: Lot: 123 Block: Developmeo!: STR 32 23 05 Paroel: 3223059123 Address: 18655108thAVESERENTON, WA Information: Iocludcs pateels 322305 9148, 9273, 9344, and 662340 0053 ond 0054 WATER PURVEYOR INFORMATION I. a 0 Water will be provided by service connection only to an existing Null water main, Null feet from the 9lr.e. b 6lI Water service will require an improvement to the water system of: Water service to the proposed plat will ~ the installation of onsite water main. Final water layout and requirements will be determined based on final site dcvclopIDCIrt pbms and Fire Marshal requirements. All plans must be approved by the City of Renton. Fire Marshal and Soos Creek Water and Sewer District. 2. • ~ The wstcr system is in conformance with a County approved water oomprebensive plan. b 0 The water system improvement will require a water oomprdllWivt plan amendment. 3. • ~ The proposed project is within the corporate limits of the district, or bas been granted Bound;uy Review Board approval for extension of service oubiidc the district or city, or is within the County BppI'Oved service area of a private water purveyor. b D Annexation or Boundary Review Board approval will be necessary to provide service. 4. 8 ~ Water Wor will be available at dle rate of flow and duration indicated below 8t 00 less than 20 psi measwed at the nearest fire hydrant 70' feet from Ihe buildinglpropert:y (Dr as mmked on the attached -): Rate of Flow: 1,000 gpm Duration: 2 honn: b D Wlrter system is DOt capable of providing fire flow. 5. Service Is subject to the foUowiog; • ~ Connection 0wJ<c: Standard developmont fees will apply. Onsite easements may be required.. Cross Connection Control devices mot be in comormanee with state JaWL Service is subject to the applicants agreement to comply and perform to make sucb instaI1atioo and/or connections to the standards, regulations, requiremeots oud conditions ofthis District aod such other aget1!ly or agencies having jurisdiction. This District is not representing that its facilities will be extended or otherwise modified to make sucb service available to the applicant It is the responsibility of the applicant to make any required extens.ion of facilities to serve their property. I bel'llby certify that the above water purveyOt Information Is true. Tbb certlficatloo shall be vllid for ODe year from date of ligoatun. SOOSCREEK WATER & SEWER DISTRICT Agency Name Development G TitJ" EXHIBIT 25 Darci McConnell 101412013 Signlltory Name Due This cerlfflcafe provides Information necessary to evaluat. development proposals. Certificate: 5435 SOOS CREEK WATER AND SEWER DISTRICT CERTIFICATE OF SEWER AVAILABILITY Type: Preliminary Plat or PUD Applicaut" Name: Evan Mann ESM Consulting Engineers Propo,ed U.e: 32 Single Family Residences" Panther Lake Plat" LocatioD: Lot: 123 Block: Developmeot: STR 3123 05 Parcel: 3223059123 Address: 18655 108TH AVE SE. RENTON InformalioD: Includes parcels 322305 9148, 9273, 9344 and 662340 0053 and 0054. {Attach map & Legal deScription if necessary } SEWER PURVEYOR INFORMATION l. • n Sewer service will be provided by service connection only to an existing sewer main Null feet from the site and the sewer system has the capacity to serve the proposed area . • Ii2I OdIer (describe): Sewer service to the proposed plat will require the instalblion of omite sewer main. Final sewer layout will be determined based on final site developmcot plans. building locations and outlet elevations. All plans must be approved by the City of Renton and Soes Creek Water and Sewer District. Z, • RI The.sewer system. is in conformance with a County approved sewer comprehensive plan . • 0 The sewer system improvement will rc:quire 8 sewer comprehensive plan amendment 3. ~ The proposed project is within the corporate limits of the district. or has been granted Boundary Review Board approval for extension of service outside the district or city. .. D Annexation or Boundary Review Board approval will be necessary to provide service. 4. Service U .!Iubjcct to tbe followg: a !!lI Connection Charge: Standard Development fees ~vilt apply. b 1!11 Easement (.): c 0 c:Jdwr. Ousite easements will be mtuired. Service is subject to the applicants agreement to comply and perform to make such installation and/or connections to the standards. regulations, requirements and conditions of this District and such other agency or agencies having jurisdiction. This District is not representing that it's facilities will be extended or otherwise modified to make such service available to the applicant. It is the responsibility of the applicR.'lt to make any required extension of facilities to serve their property. I hereby cerUfy that tbe above lewer purveyor lDformatioD is trae. 'ibis Urtll'katioD sb.n be valid for oae year froID date of •• gutun.. SOOS CREEK WATER .It SEWER DISTRICT Darci McConnell 101412013 ~---~~~--_.. -Sip~:;:Nun<=;--JlUo D~elopment Coordinator ____ ~. Ti .. RENTON SCHOOL DISTRICT (School & Bus Stop Locator): http://www.rentonschools.us/De pa rtme nts/Tra ns po rta tiD n BENSON HILL ELEMENTARY User Information: Address 18647 108TH AVE SE Grade" All Grades Program ScbooIName BENSON HILL ElEMENTARY NElSEr--MIDDLE SCHOOL .. ~ 'School Code ~ Web Site BH Eligibility Description Eligible 2016 PROPOSED NELSEN MIDDLE SCHOOL LINDBERGH HIGH SCHOOL SECONDARY LEARNING CENTER MEADOW CREST EARl Y EDUCATION Stop IJst: BENSON HItl. ElEMENTARY Number Stop Tune Stop Description 8:11 AM SE 186TH ST & 108TH AVE SE 2 810AM 108TH AV SE & SE '84TH LA (WEST) 3 332PM SE 186TH ST & 108TH AVE SE 4 3;30 PM lOaTH AV SE & SE 184TH LA (,<VEST) 5 12~12 SE 186TH ST & 108THAVE SE PM 6 12.12 108TH AV SE & SE 184TH LA PM (WEST) ---,--"_._,_ .... -,-, ....... ,-, ..... _ .... __ .. _ ... -_ .. _ .. _--_._ .... __ .. ". --" _.- '" < > V NEt Eligible 2016NEl Eligible LHS Eligible SLC Eligible MCE Eligible Oi.stance To Bus Route Stop Number Nlimber 004 mi 19(1O6 28 0.09 ml 19006 28 o 04mi 1900. 28 {L09 mi 19006 28 004 mi 20728 04 009 mi 20728 04 EXHIBIT 26 GnHf .. 01. 02. 03. 04. 05. K2. K2A IQP DB. 07.08 06,07,08 09,10.11,12,GO 07, 08, 09, 10. , 1. 12, GD p, School Bell Frequency ,mi, 835M! MW.lUF--~·- 00 8:35 AM MTV1UF ••• ~ .• ~ .. 00 3-11} PM Mm'Uf-- 00 3.10 PM MTWUF--------- 00 12:30 PM MTWUF-- 00 12:30 PM MTWUF-~------ 00 .............. _ ... , .. Map .:;.arei;;:e-'; I ~ NELSEN MIDDLE SCHOOL Grade. All Grades Program School'Name BENSON Hill ELEMENTAAY NELSEN MiDDLE SCHOOL School Code School web Site BH Eligibility Description Eligible 2016 PROPOSED NELSEN MIDDLE SCHOOL LlND8ERGH HIGH SCHOOL SfCONOARY ! EARNING CENTER, !>.1EADO\V CREST EARLY EDUCATION Number Stop TIRM StopOewiptlofl NEl 2016NEL lHS SlC MCE 7:17 108TH AV SE & SE 184TH LA (WEST) AM 2 725 17803 105TH PL SE (IN FRONT Of AM DAYCARE) 3 2:47 .08TH AV SE & SE 184TH LA (WEST) PM 4 2:59 17803 HI5TH Pl SE (IN FRONT OF PM DAYCARE) -"-.'-~ ~_., '" < ) tJ::,.I'"_ V ", t Eligible Eligible Eligible Eligible Eligible Distance To Bus R"" Stop Nuonbe< Numi>e< O,09mi 19000 33 O.55mi 207612 26 0_09mi 19000 33 IJ55mi 2076.2 26 Grades 01,02,03, 04, 05, K2. K2A. K2P 06.07.08 06,07,08 09,10.11 12. GO 07,08.09,10,11.12. GO P4 School BeD TIme 7-55 AM 7:55AM 235 PM 235PM I'requoney MT¥lUF--- 00 MTWUF----- 00 MTWUF-·--··- 00 MTWUF----- 00 -,. -:-,'" 'j),-,*",# Sri UAf: LINDBERGH HIGH SCHOOl User~: Address 18641108TH AVE SE Grade All Grades Program' SeleCt a School:: School Name BENSON HI! I f! EMENTARY NELSEN MIDDLE SCHOOL 2016 PRQPQSED NElSEN MIDDLE SCHOOL ! lND5FRGH HIGH SCHOOL SECONDARY lEA.RNING CENTER ~EADO'v\! CRESIJ'3E~J Y EPUCATION Slop I.IsI: UNDBERGH HIGH SCHOOL Number Stop Tune Stop Oeserlption School Code School Web Site BH NEl 20 16NEL lHS SlC MCE Etigibility Description Eligible Eligible Eligible Eligible Eligible Eligible Grades D1. 02. 03,04, 05. Kl.K2A.K2P 06, 07. 03 06,07.08 09,10.11 12, GO 07,08,09. 10,11.12. GO P4 Distance To Stop Bus Humber Route Humber School Belt Time 1 6.46 AM 2 6:44-AM 108TH AV SE & 184TH LASE (WEST) 104TH Pl SE & SE 190TH ST 0.09 mi 19000 33 7' 15 AM O.75m! 190{}£ 28 7,15AM r:requericy MTWUF---OO MTWUF--·-----·OO MTWUF-----OO MTWUF--------OO 3 2:20 PM 4 2:28 PM { > ( 108TH AV SE& 184TH LA SE (WEST) 104TH PL SE & SE 190TH ST 0.09 mi 19000 33 2.03 PM 0.75 mi '9006 28 :2 03 PM m >< :::t 1-1 c:J ~ t-.J ...... CITY OF RENTON, WASHINGTON • • LOT UNE ADJUSlMENT 8' KING COUNTY ~, FILE NO, LUA-14-DO019O-ULA 'N n \ Z \ 'R , ; \ "" .,'" , , " ~~/ )19 I~' , W£1l.ONO ~~ \ 7,7'" sr "'!:5' L,HE 0' '!liE: m: If .. or TH 5" 1/4 or s ~l, T2J~.~O~, , , , \ \ I, PA~CEl F (PARCEL He 6523400054) LOT A 1~4.BJe SQ. FT.:!: Jig C~' UNPLATIED S 89"59'55" E 598.29' "ORT~ UNE 0'-,1<£ ~[ 1/4 or Tl<f SW I/~ OF S. 32 r 23 N. R O~ r, ... SO BEINe 11-£ NM'~ "N[ 0" llUC7S , '" 6 PER Rl 656.0,....... I;O.CO· 109.14' LlNE\ . 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I"' I 8: ~55.J2· 65~ Jl.' ! § ~.-.-.--~ ~~;~6'~~· FO~ND" '/2' BF<~SS Ji FOUND JoIE'".oL IoIO~U"£NT ! ll1~K S-A"P~(: wITH "'I _:, S'E" I' ~ •• ~ 4-r.OW:~ETE IN CONCP[I[ :$ loIo"u~rNT S(T ,N CIIS£ ~QtJ~'.<EW SET. I~ ~.~[ , 1.S· DOW~ , o.~~~ o.~~· *-el])" Of ~E~rON . .' 654"~ jL ~1 J2 .~~~~-~~~:!.U~~~>~~~~~i-il'~;;~~·~)--· --._. --t- 6 5 M S9',907" W nl~5~ r~<) 'U OWN RY ~d ~Ionn"o PANTHER LAKE LOT LINE ADJUSTMENT DAT DTR 120'~-06-'O j Z:;5-~4L_01~ l..,<Ioo_ """n1t..\u," CHKD BY ~r~' ~ SHE[. ". DEPARTMENT OF COMM TV ..;. r "', City of ~ ---.,.,..,..,....--r< ~ r AND ECONOMIC DEVELOPMENT ,~ '""'...,.t ..#' ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DA TE: Project Name: Project Number: Project Manager: Owners/Applicant: Contact: Project Location: Project Summary: June 23, 2014 Panther Lake Preliminary Plat LUA14-000190, ECF, PP, LLA, MOD Clark H. Close, Associate Planner Aron Golden, Conner Homes Group, LLC 846 108'h Ave NE, Suite 200, Bellevue, WA 98004 Evan Mann, ESM Consulting Engineers 33400 8th Ave 5, Suite 205, Federal Way, WA 98003 18647, 18655, 18819, 18825 108'h Ave SE, Renton, WA 98059 The applicant is requesting SEPA Environmental Review, Preliminary Plat approval, a Critical Area Exemption, a Lot Line Adjustment, and a street modification for a 34-lot subdivision. The 7.92-acre site is located within the Residential-8 dwelling units per net acre zoning classification. The subject property is a collection of seven (7) parcels located on the west side of 108th Ave SE just north of 5E 192nd St. The 34 lots would result in a density of 5.85 dulac. Lot sizes would range from 4,500 sf to 9,900 sf with an average lot size of 5,233 sf. In addition to the 34 lots, five (5) tracts are proposed for sensitive areas, storm drainage, and recreational areas. Access to the site would be gained from 108th Ave SE. The site currently contains four single family residences and several detached structures. Two of the four single family structures are proposed for demolition. There are 190 significant trees on the site and the applicant is proposing to retain 24 original trees. A stormwater pond is proposed within Tract C which would discharge into Panther Creek. The applicant has submitted a Critical Area Report & Supplemental Stream Study, Drainage Control Report, Traffic Impact Analysis, and a Geotechnical Engineering study with the application. The site contains five Category 3 wetlands (Wetlands A-E). a Class 4 stream, and there is a Class 2 stream {Panther Creek} located off- site with a buffer extending onto the subject site. Finally, the applicant is requesting a street modification, from RMC 4-6-060, in order to eliminate the requirement for frontage improvements along 108th Ave SE. -------------------------- Site Area: 344,995 SF STAFF Staff Recc Entire Document Review Committee issue a RECOMMENDATION: Determina· Available Upon Request 'NS-M}. ------------------ ERe Report 14-000190 (3) EXHIBIT 28 DEPARTMENT OF CUIV1MUNITY AND ECONOMIC DEVELOPMENT DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES PROJECT NUMBER: LUA14-000190, ECF, PP, LLA, MOD APPLICANT: Aron Golden, Conner Homes Group, LLC PROJECT NAM E: Panther Lake Preliminary Plat PROJECT DESCRIPTION: The applicant is requesting SEPA Environmental Review, Preliminary Plat approval, a Critical Area Exemption, a Lot Line Adjustment, and a street modification for a 34-lot subdivision. The 7.92-acre site is located within the Residential-8 dwelling units per net acre zoning classification. The subject property is a collection of seven (7) parcels located on the west side of 108th Ave SE just north of SE 192nd St. The 34 lots would result in a density of 5.85 dulac. Lot sizes would range from 4,500 sf to 9,900 sf with an average lot size of 5,233 sf. In addition to the 34 lots, five (5) tracts are proposed for sensitive areas, storm drainage, and recreational areas. Access to the site would be gained from 108th Ave SE. The site currently contains four single family residences and several detached structures. Two of the four single family structures are proposed for demolition. There are 190 significant trees on the site and the applicant is proposing to retain 24 original trees. A stormwater pond is proposed within Tract C which would discharge into Panther Creek. The applicant has submitted a Critical Area Report & Supplemental Stream Study, Drainage Control Report, Traffic Impact Analysis, and a Geotechnical Engineering study with the application. The site contains five Category 3 wetlands (Wetlands A-E), a Class 4 stream, and there is a Class 2 stream (Panther Creek) located off-site with a buffer extending onto the subject site. Finally, the applicant is requesting a street modification, from RMC 4-6-060, in order to eliminate the requirement for frontage improvements along 108th Ave SE. PROJECT LOCATION: LEAD AGENCY: MITIGATION MEASURES: 18647, 18655, 18819, 18825 108th Ave SE, Renton, WA 98059 The City of Renton Department of Community & Economic Development Planning Division 1. Project construction shall be required to comply with the recommendations found in the Geotechnical E llutions, NW (dated September 23,2013). Entire Document Available Upon Request EXHIBIT 29 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADDENDUM TO ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE (DNS-M) -MITIGATED Pursuant to WAC 197-11-600(4)(c) and WAC 197-11-625 Addendum to the Panther Lake Preliminary Plat as Addended by the City of Renton (LUA14-000190) Determination of Non-Significance -Mitigated (DNS-M) Date of Addendum: June 30, 2014 Date of Original Issuance of SEPA Threshold Determination: June 23, 2014 Proponent: Project Numbers: Project Names: Location: Lead Agency: Review Process: Aron Golden, Conner Homes Group, LLC LUA14-000190, ECF, PP, LLA, MOD Panther Lake Preliminary Plat 18647, 186S5, 18819, 18825 108th Ave SE, Renton, WA 98059 City of Renton, Department of Community & Economic Development Addendum to previously issued Determination of Non-Significance - Mitigated (DNS-M) Proposal/Purpose of Addendum: The original SEPA threshold determination for the Panther lake Preliminary Plat was issued on June 23, 2014. The original application included a proposal for a 34-lot subdivision over a 7.92-acre site consisting of seven (7) parcels located on the west side of 108th Avenue SE just north of SE 192nd Street. The project site is located within the Residential Single Family land use designation and the Residential-S zoning district. The 34 lots would result in a density of 5.S5 dwelling units per net acre. In addition to the lots, five (5) tracts are proposed for sensitive areas, storm drainage, and recreational areas. Due to recent revisions to the plat layout, the applicant is requesting a reduction of buffer width to Stream A (Exhibit 2), a Class 4 stream located along the south side of the site, in order to keep the proposed de lum required buffer widths are based on the water bodV l5c(iv), a Class 4 stream buffer Entire Document may conditionally be red rom the ordinary high water mark (OHWM) to 25 feet Available Upon Request lCement and mitigation. The EXHIBIT 30 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE -MITIGATED (DNS-M) PROJECT NUMBER: LUA14-000190, ECF, PP, LLA, MOD APPLICANT: Aron Golden, Connor Homes, LLC PROJECT NAME: Panther Lake Preliminary Plat PROJECT DESCRIPTION: The applicant is requesting SEPA Environmental Review, Preliminary Plat approval, a Critical Area Exemption, a Lot Line Adjustment, and a street modification for a 34-lot subdivision. The 7.92- acre site is located within the Residential-8 dwelling units per net acre zoning classification. The subject property is a collection of seven (7) parcels located on the west side of l08th Ave SE just north of SE 192nd St. The 34 lots would result in a density of 5.85 dulac. Lot sizes would range from 4,500 sf to 9,900 sf with an average lot size of 5,233 sf. In addition to the 34 lots, five (5) tracts are proposed for sensitive areas, storm drainage, and recreational areas. Access to the site would be gained from 108th Ave SE. The site currently contains four single family residences and several detached structures. Two of the four single family structures are proposed for demolition. There are 190 significant trees on the site and the applicant is proposing to retain 24 original trees. A stormwater pond is proposed within Tract C which would discharge into Panther Creek. The applicant has submitted a Critical Area Report & Supplemental Stream Study, Drainage Control Report, Traffic Impact Analysis, and a Geotechnical Engineering study with the application. The site contains five Category 3 wetlands (Wetlands A-E), a Class 4 stream, and there is a Class 2 stream (Panther Creek) located off-site with a buffer extending onto the subject site. Finally, the applicant is requesting a street modification, from RMC 4-6-060, in order to eliminate the requirement for frontage improvements along 108th Ave SE. PROJECT LOCATION: 18647,18655,18819,18825 108th AveSE, Renton, WA 98059 LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EI5) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-9-0700 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on July ~ 2014. Appeals must be filed in writing together· 'ner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to 10 and more information may be obtained from the Renton City Clerk's Offic Entire Document PUBLICATION DATE: Available Upon Request EXHIBIT 31 NOTICE of EN'I'IRONMENTAl DETERMtNATlON AND PUBUe HEARING I5SlJANCE Of A DEfEIUIIINAlION OF NON_SIGNIFICANCE· MlTlGA'fBl !ONs-r.'I) ~ 1"0 HOilfY ~o I'95tIH.S r;t' />}l £HV1I1ON~~oI.LAaIOII ....n-~.............,._ w.o.I4-(O)UJ ... w:.ff.UA.I"ao UW,,_ .. UI''''~''''''_,p: 0lS0Ill"flQN: n.....,.n<Mt .......... oIocS/f1P"~_ .. -..y _ _ .,.d,.~_r......,...... .......... _ ..... __ .... ~_ ............. :"", '#>_Ih .. _0<1_ ...... _ ... ~" ......... ________ ..t.io« ~10 • ..,1~"'_!7l~_""""'_ ..... ..t __ .. ""'"_"' .. """"s.._ ". ___ ... _.r ..... ""t><-""' ___ ......... 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CERTIFICATION I, ..::LA'Y'{C !+, L:U'Si;~ , hereby certify that 3 copies of the above document were posted in _:J_ conspicuous places or nearby the described property on Date:_.::..b.LI2-_7-'-'Il.'-I-'-~~ ___ _ STATE OF WASHINGTON COUNTY OF KING ) ) SS ) I certify that I know or have satisfactory evidence that c... \0.,.1<--C \o/if signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentiopprl in the instrument. :"1."'\\'\\,, • Dated:" " E:" ..::-~""'\"\\\I'I .: .... I ~ ... to~ E~~t'", ~O-~ .. !O " 3 J:: hI!! 0'" ""I-~~ -;:'~.it ~ Z -;; ;:0 • ... ~ a -; ~'" ~: I-~', '1: ·u'&" ~'\f (:) " <!' \", 8·'2 g:..,.$ if r I, ~ Hh\\\\,..,.'....... co~ ", "SOF'l'l~ '!), . . Entire Document Available Upon Request EXHIBIT 32 . the State of Washington I DEP ARTMEr OF COMMUNITY AND ECONOMIC DEVELOPMENT July 7, 2014 Karen Walter Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 Cit yoI' , IDJl SUBJECT: PANTHER LAKE PRELIMINARY PLAT COMMENT RESPONSE LETTER LUA14-000190, ECF, PP, LLA, MOD Dear Ms. Walter: Thank you for your comments related to the Panther Lake Preliminary Plat, dated June 9,2014, wherein you requested the City consider requiring the applicant to enhance stormwater treatment due to eventual discharge into Panther Creek, a known fish- bearing stream in the Springbrook Creek Subbasin. Specifically, you have requested the City require oil/water separators for the proposed project. I wanted to let you know that the following factors were considered as part of the SEPA review: 1. Does Panther Creek have a downstream Total Maximum Daily Load (TMDL)? Enhancement is only required if this area has a downstream TMDL classification. Panther Creek does not currently have a downstream TM DL. 2. Are there residential development impacts? While residential development can contribute to zinc or metals into a stream, it generally doesn't contribute enough that installing an enhanced stormwater treatment system would be highly beneficial. Other contributing factors adding zinc or metals to a stream may include car brakes, metal/zinc/copper type roofs, etc. Residential development is typically just turbidity, total suspended solids (TSS) and total dissolved solids (TDS) types. 3. Impact of installing a second vault? Enhancing stormwater treatment would trigger a substantial change to the development plans, as it would require a secondary vault to be placed below the proposed stormwater detention pond. The impact would be significant to the critical areas located at the southwest part of the site where sensitive slopes and wetlands exist. The project is subject to compliance with the 2009 King County Surface Water Ms. Karen Walter Page 2 of 2 July 7, 2014 Manual and City of Renton Amendments to the KCSWM, Chapters 1 and 2, which provides the necessary water quality treatment prior to releasing stormwater into the drainage basin. Your comments were included in the official project file and the reviewing officials did consider your concerns and requests as part of their review. You have been made a party of record and if you have any further questions, please feel free to contact me at 425-430-7289 or cclose@rentonwa.gov. Thank you. Sincerely, Clark H. Close Associate Planner cc: Vanessa Dolbee "File" H :\CE D\Planning\cu rren! Pia nn ing\P ROJ ECTS\14-{)00190 DEP ARTMEI OF COMMUNITY AND ECONOMIC DEVELOPMENT July 7,2014 Patrick McGraner Department of Ecology/NWRO 3190 160th Ave SE Bellevue, WA 98008 SUBJECT: PANTHER LAKE PRELIMINARY PLAT COMMENT RESPONSE LEITER LUA14-000190, ECF, PP, LLA, MOD Dear Mr. McGraner: Thank you for your comments related to the Panther Lake Preliminary Plat, dated May 27, 2014, wherein you requested the City to condition approval of any site work as follows: 'The applicant shall obtain all necessary state and federal authorizations for wetland impacts prior to beginning any ground disturbing activities (or timber harvest if applicable)." Your comments were included in the official project file and the reviewing officials did consider your concerns and requests as part of their review. Staff has included your suggested condition as a plat condition for preliminary plat approval. The public hearing is currently scheduled to take place on July 15, 2014. You have been made a party of record and if you have any further questions, please feel free to contact me at 425-430-7289 or cclose@rentonwa.gov. Thank you. Sincerely, Clark H. Close Associate Planner cc: Vanessa Dolbee "File" DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADDENDUM TO ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE (DNS-M) -MITIGATED Pursuant to WAC 197-11-600(4)(c) and WAC 197-11-625 Addendum to the Panther Lake Preliminary Plat as Addended by the City of Renton (LUA14-000190) Determination of Non-Significance -Mitigated (DNS-M) Date of Addendum: June 30, 2014 Date of Original Issuance of SEPA Threshold Determination: June 23, 2014 Proponent: Project Numbers: Project Names: Location: Lead Agency: Review Process: Aron Golden, Conner Homes Group, LLC LUA14-000190, ECF, PP, LLA, MOD Panther Lake Preliminary Plat 18647, 18655, 18819, 18825 108th Ave SE, Renton, WA 98059 City of Renton, Department of Community & Economic Development Addendum to previously issued Determination of Non-Significance - Mitigated (DNS-M) Proposal! Purpose of Addendum: The original SEPA threshold determination for the Panther Lake Preliminary Plat was issued on June 23, 2014. The original application included a proposal for a 34-lot subdivision over a 7.92-acre site consisting of seven (7) parcels located on the west side of 108th Avenue SE just north of SE 192nd Street. The project site is located within the Residential Single Family land use designation and the Residential-8 zoning district. The 34 lots would result in a density of 5.85 dwelling units per net acre. In addition to the lots, five (5) tracts are proposed for sensitive areas, storm drainage, and recreational areas. Due to recent revisions to the plat layout, the applicant is requesting a reduction of buffer width to Stream A (Exhibit 2), a Class 4 stream located along the south side of the site, in order to keep the proposed densities and create buildable lots. Minimum required buffer widths are based on the water body class. Under RMC 4-3-050 subsections L5c(iv), a Class 4 stream buffer may conditionally be reduced from a 3S-foot buffer measured from the ordinary high water mark (OHWM) to 25 feet from the OHWM through buffer enhancement and mitigation. The Addendum to Environmental (5 ••.. , Review Page 2 of 3 June 30, 2014 original SEPA stated that there was no proposed impacts to Stream A, a small tributary stream that flows into Panther Creek from Wetland D. This stream is a narrow mud bottom channel that appears to carry primarily runoff from the streets to the east of the site. The intended purpose of the subject SEPA Addendum is to disclose the intended buffer reduction of the Class 4 stream, identified as Tract B in the plat plan, and the subsequent enhancement of the 25-foot buffer with onsite native vegetation. The applicant would be required to meet the criteria for approval as identified in RMC 4-3-050.L5c(iv)(a). including, but not limited to, enhancing the area as equal to or improved functional attributes ofthe buffer. An enhancement plan will be a condition of approval ofthe preliminary plat. The City's Environmental Review Committee issued a Determination of Non-Significance- Mitigated (DNS-M) for the Panther Lake Preliminary Plat. The DNS-M included two mitigation measures. A 14-day appeal period commenced on June 27, 2014 and will end on July 11, 2014. Original Mitigation Measures: 1. Project construction shall be required to comply with the recommendations found in the Geotechnical Engineering Study prepared by Earth Solutions, NW (dated September 23,2013). 2. Project construction shall be required to comply with the mitigation recommendations identified in the submitted Critical Area Report & Supplemental Stream Study prepared by Sewall Wetland Consulting, Inc. (dated January 28,2014, updated May 15,2014). Analysis: It has been determined that the environmental impacts of the proposal were adequately addressed under the analYSis of significant impacts contained within the previously adopted DNS-M. Based on WAC 197-11-600(4)(c). the addendum process may be used if analysis or information is added that does not substantially change the analysis of significant impacts and alternatives in the existing environmental document. The proposed 10-foot reduction to Stream A's minimum buffer requirement would not change the analysis or impacts in the State Environmental Policy Act (SEPA) Review. The City of Renton is hereby issuing a SEPA Addendum pursuant to WAC 197-11-600. This Addendum is appropriate because it contains only minor information not included in the original Determination and there are no additional environmental impacts related to inclusion ofthe new information. DECISION: The City of Renton is hereby issuing a SEPA Addendum pursuant to WAC 197-11- 600. Additional Information: If you would like additional information, please contact Clark H. Close, Associate Planner, City of Renton Planning Division, Department of Community & Economic Development at (425) 430-7289. There is no comment period for this Addendum, dated June 30,2014 issued by the City of Renton Environmental Review Committee. Addendum to Environmental (5_ •. ) Review Page 3 of 3 June 30, 2014 ENVIRONMENTAL REVIEW COMMITTEE SIGNATURES: Terry Higashiyama, Administrator Community Services Department Peterson, A ministrator Fire & Emergency Services Department C.E. "Chip" Vincent, Administrator Department of Community & Economic Development Date Date c, /50/11 Date STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Linda M Mills, being first duly sworn on oath that she is the Legal Advertising Representative of the Renton Reporter a weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a weekly newspaper in King County, Washington. The Renton Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Renton Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice was published on June 27, 2014. The full amount of the fee charged for said foregoing publication is the sum of $136.50. ,,<>. / 7"-///I/U/ //' //'/k<. L4n"da M. Mills Legal Advertising Representative, Renton Reporter Subscribed and sworn to me this 27th day of June, 2014. ~' It r2 'I-i..lw.,--L dfu." I"u..d---- Katieen c. Sherman, Notary Public for the State of Washington, Residing in Buckley, Washington NOTICE OF ENVIRO:\~IE:\TAL DETERMI:\ATION ENVIRO;\':\'1(;\TAL REVIEW COMMITTEE AND PUBLIC HEARING RENTON, ,\'ASHI:"'GTON The Environmental Review Committee has issued a Determi- nation of Non-Significance Miti- gated (DNS-M) for the following project under the authority of the Renton municipal code. Panther Lake Preliminary Plat LUA14-000190 Location 18647, 18655, 18819, ,md 18825 108th Ave Sf. The applicant is requesting SEPA En- vironmental Review, Preliminary Plat approval, a Critical Area Ex- emption, a Lot Line Adjustment, and a Street Modification for a 34-lot subdivision. The 7.92-acre site (7 parcels) is located within thc R-8 zonc Access to the site will be provided \'ia a new road extending west from I08th Ave SE onto the property. The site contains five Category 3 wet- lands (Wetlands A-E). a Class 4 stream, and an ofl-site Class 2 stream (Panther Creel.;) with a lOa' butler extending onto the subject sIte. Weiland I::: (996 sf) is proposed to be filled as part of \""'\,, 1 \ '( f i 1/_ ~,':--;;;:.;.""" 'r::'.," ~ -/h, ...;~(." .. S:I ...... ·-?'.:4 'II, {?t~~~:';l :;::: ~ 1;0 bur;v;}..} = :~!) ::.: '% "\/1,,' 4 .. ~ C:;>:~<f IIll U'r "h'-\H\\\"'~ ,.~ r.:,) .... "'_ 1'1" '4ip: Or.:; \;\; .......... ..... -':1' --\ ,,\ ... ... . Ii Il:' \\', \"\\\.'o. the subdivision and wetland en- hancement for Wetland A w111 serve as mitigatil)ll for thc loss. 1\ storm water outfall system IS proposed into the creek butkr Street modifkation from half- street frontage improvements. along 108th Ave SE (appro\. 205'), in order to maintain the cxisting built road standard. Appeals of the I>NS-I\I mu. be filed in writing on or berm 5:00 p.m. on July II. 2014 Appeals must be flied III wnting together with the required tee with: Hearmg Examiner c/o CiL) CierI.;, City of Renlon, 1055 S Grady Way, Renton. W/\ 9R057 Appeals to the Hearing Examiner are governed by RMC 4-8-110 and more inl"omlation may be obtained from the Renton Cit~ Cler!.;'s Otlice. 425-430-6510 A Public Hearing wil! be held by the Hearmg Examiner in Lhe Council Chambers. City Hall, on July 15.2014 at 10:00 am to con- Sider the submitted application. If the DNS-M IS appealed, the :Jp- pcal Will be heard as part 01" this public hearing. InteresLed parties are invited to attend the public hearing. Publl~hed in Renton Reporter ~) June 17. 2014. /;I I 079891 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT -PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 3rd day of July 2014, I deposited in the mails of the United States, a sealed envelope containing SEPA Addendum documents. This information was sent to: Agencies See Attached Aron Golden, Conner Homes Applicant See Attached Owners See Attached Parties of Record Evan Mann Contact (Signature of Sender): STATE OF WASHINGTON COUNTY OF KING ';z \ ~ "'1I .... -fI A..0 I certify that I know or have satisfactory evidence that Sabrina Mirante \~~ \-t-0 signed this instrument and acknowledged it to be his/her/their free and voluntary act for the ·~f<lMt.~poses mentioned in the instrument. "'" Dated: ~ d'~ ~ ,;wl'f o ry Public in and for the State of Washington Notary (print):. ____ \tpll.ll..J.ll<4-lu __ =:p-l--><214tz:..l!l~Y5~'_· ___________ _ My appointment expires: .J ~~+ oq( d-Ol'{ Panther Lake Preliminary Plat LUA14-000190, ECF, PP, LLA, MOD template -affidavit of selVice by mailing Dept. of Ecology ** Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 WSDOT Northwest Region· Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98l33-971O US Army Corp. of Engineers ... Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Boyd Powers U. Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Servo Attn: SEPA Section 35030 SE Douglas 51. #210 Snoqualmie, WA 98065 Metro Transit Senior Environmental Planner Gary Kriedt 201 South Jackson Street KSC-TR-0431 Seattle, WA 98104-3856 Seattle Public Utilities Jailaine Madura Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 AGENCY (DOE) LETTER MAILING (ERe DETERMINATIONS) WDFW -Larry Fisher' Muckleshoot Indian Tribe Fisheries Dept. +: 1775 12th Ave. NW Suite 201 Attn: Karen Walter or SEPA Reviewer Issaquah, WA 98027 39015-172nd Avenue SE Auburn, WA 98092 Duwamish Tribal Office· Muckleshoot Cultural Resources Program· 4717 W Marginal Way SW Attn: Ms Melissa Calvert Seattle, WA 98106-1514 39015 172 nd Avenue SE Auburn, WA 98092-9763 KC Wastewater Treatment Division· Office of Archaeology & Historic Preservation· Environmental Planning Supervisor Attn: Gretchen Kaehler Ms. Shirley Marroquin PO Box 48343 201 S. Jackson ST, MS KSC-NR-050 Olympia, WA 98504-8343 Seattle, WA 98104-3855 City of Newcastle City of Kent Attn: Tim McHarg Attn: lack Pace Director of Community Development Acting Community Dev. Director 12835 Newcastle Way, Ste 200 220 Fourth Avenue South Newcastle, WA 98056 Kent, WA 98032-5895 Puget Sound Energy City of Tukwila Kathy Johnson, Steve Lancaster, Responsible Official 355 110" Ave NE 6200 Southcenter Blvd. Mailstop EST 11 W Tukwila, WA 98188 Bellevue, WA 98004 ·Note: If the Notice of Application states that it is an NOptional DNS", the marked agencies and cities will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of Application. ·*Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address: sepaunit@ecy.wa.gov ·**Oepartment of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: sepacenter@dnr.wa.gov template -affidavit of service by mailing Easy Peel® Labels Use Ayery® Template 5160® Sanford & Nancy Heins 10623 SE 187th St Renton. WA 98055 James Denzer 18655 108th Ave SE Renton. WA 98055 Carol Berdan PO Box 58421 Renton. WA 98058 Larry DeCamp 18820 106th Ave SE Renton. WA 98055 Aron Golden Conner Homes 846 108th Ave NE. 200 Bellevue. WA 98004 Etiquettes faciles II peler Utilisez Ie gabarit AVERY® 5160® I I I j I I I J ... -Feed Paper - Bend along line to : expose Pop·up Edge™ J Thomas and Shirley Gough 18819 108th Ave SE Renton. WA 98055 Douglas Worth 1217 Coral Dr W Fircrest. WA 98466 Leslie lansing 14620 205th Ave SE Renton. WA 980S9 Dianna Down 18923 106th Ave SE Renton. WA 98055 ... Sensde chargement Repliez B la hachure afin de I reveler Ie rebord Pop·up'" ; I AVERY® 5160® : .& Mike Kohr 25802 68th Ave Kent. WA 98032 Tammy Deacy 18825 108th Ave 5E Renton. WA 98055 EP Enterprise Properties LLC 18819 108th AYe SE Renton. WA 98055 Evan Mann ESM Consulting Engineers 33400 8th Ave S. Suite 205 Federal Way. WA 98003 www.avery.com 1·800-GO·AVERY I I .& Of ENVIRONMENTAL DETERMINATION AND PUBUC HEARING ISSUoI.Na OF A DITEI!MINATlON OF NDN_SIGNIFICANa -MrrtGA1ED !DN5-M) i>OmO TO ~OmYI~TE~€STEO Pe\SOtlSQFAN ENVlRONMEMTALA<:I10N _ ...... -.,..,. ......... LUAl.....,.,..., fCF, PI', UJ>, MOO 1 ... T, ..... 5,U"n,I.IU<2S""~ .. _ ... DtSO""""" "'" .... ""., 10 ............ 5( •• ~"",_I ........ , _ .............. ........ I·Cr+tbI ..... ~.·""Uno .... _ .......... • __ , .. ·Io •• ,.. ..... _Tbo • .n--no ..... 1s .... 1001 _ "'" _hi "", ................... _ ..... 101 __ ''''' Th.",.bjo<1 ...-... ... _af_(1I~"""<tod ..... _~ ... afl .. " .... stl .... _.,stl",.jI .. Tt.. 3O __ W_ ... _ityd.\o.l5du!K.l<II_ ..... W ..... from.,5«I.ftv',OOO.r_ ....... ,.1<!t .... afS .... .r.In._ .. tv ............ ,~ .. ~l """'" , .... _"" ......................... ""'tn. ... and 10<"'." ... 1 ............. , .... "' ....... beI "" .. !nod from 1fIII' ..... ~ Th ..... ",mo", ""otoi .. .,...,."...-._ ... _ ... _.""""-"",,,., ... , ... _ .. m' .. .....-... ~ ... _ ....... ""'".'"""'~_ .. ""' ......... .n. .... '''''"'1s _~ .. _"'2-0..,., ... I_.".....-....... Is __ T .... ~_".,.Id_ ... ..... -- mE CIT'! OF ~ENTOt< ENVIRONMENTAL R~'~ COMMLmE IE~q It.o5 OET;l'tMINED 1'<"T mE PROPOSEO ACTION 00£.\ ~OT HAVE I< SIGNIFICANT -.oVER.5~ IMP.ocr OH mE ENVIRONMENT. ~_I. 01 ,iI~ "'WOO .... oul d.,...."I"rii<>n ""'rl "" ",«1 h. _Ion .. "" .... 5:00 PO"' ~"Ju'¥ 11, 1014, '0110""" .. ith """ l'tq~I"<I '-.. I,,>: N .. nOI Ix.mln ... dq <II _'on. laS5 5<>utn G",,,,,, w.y. Root""" WA 911OS1. 1op!>".I, to .. , .. E>.;o",_ ... ", •• mod by CltV .1 ~M~ 4-8-UD .nd '"_ ...... __ <II", th •• ~~ •• I p'O<UOJ m., ... ..... Inod /<0", ..... 1\e'1h>0 dq d."". omc., 141.S) 4l~10. A ~U8L1C ~£AI"NG WlLl BE H"~ &¥ TH~ RENTON HEARING EXl<MINE~ 1<1 )\15 R!GULAM MEETING I" THE COU~Ol Ql.l.M8i:RS ON THe: 7TH flOOR Of on I<All, lO~S SOUTH GIIAO. WAY. Rl<NTDN, WASHINGTON, ON JUlY is. 1014 AT )O,oo.o.M TO CONIlOER mE ""fUMINARY PlAT If THE ENW10l'lMEf(TAL DO'E"M ..... noN 15 AJ>f'~0. TIlE APPEAL WlllSE HEAI\ll AS PI<l'.T Of mlS 1"J81tc:"EAR'MG. FOR FUATHEMrg~~'i!~rEl6~~ifJlf~AElb~JfgpA~l&rn~%6I<ATMENT OF DO NOT REMOve THIS NOTICE WITHOUT PROPER AlITHOR1ZATION PleASE INCtUDETliE PROJECT NUMBER WHEfI (.AWNG FOR PROPER FILE IDENTIFICATION. CERTIFICATION I, ~;~(L ~ (:~ , hereby certify that:3 copies of the above document were posted in _:.3_ conspicuous places or nearby the described property on Date:._.;;...b-'...' k_f-...... I..;...I ..... i ____ _ Signed:_...{a~~~!.!.M~$~u~. ====----__ _ STATE OF WASHINGTON SS COUNTY OF KING I certify that I know or have satisfactory evidence that c.. \o.rlL. C \.,Sf Signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Department of Commu Economic Development and ---.,,-~ NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITIEE AND PUBLIC HEARING RENTON, WASHINGTON The Environmental Review Committee has issued a Determination of Non-Significance Mitigated (DNS-M) for the following project under the authority of the Renton municipal code. Panther Lake Preliminary Plat LUA14-000190 Location: 18647, 18655, 18819, and 18825 108th Ave SE. The applicant is requesting SEPA Environmental Review, Preliminary Plat approval, a Critical Area Exemption, a Lot Line Adjustment, and a Street Modification for a 34-lot subdivision. The 7.92-acre site (7 parcels) is located within the R-8 zone. Access to the site will be provided via a new road extending west from 108th Ave SE onto the property. The site contains five Category 3 wetlands (Wetlands A-E), a Class 4 stream, and an off-site Class 2 stream (Panther Creek) with a 100' buffer extending onto the subject site. Wetland E (996 sf) is proposed to be filled as part of the subdivision and wetland enhancement for Wetland A will serve as mitigation for the loss. A stormwater outfall system is proposed into the creek buffer. Street modification from half-street frontage improvements, along 108th Ave SE (approx. 205'), in order to maintain the existing built road standard. Appeals of the DNS-M must be filed in writing on or before 5:00 p.m. on July 11, 2014. Appeals must be filed in writing together with the required fee with: Hearing Examiner c/o City Clerk, City of Renton, 10555 Grady Way, Renton, WA 98057. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, 425-430-6510. A Public Hearing will be held by the Hearing Examiner in the Council Chambers, City Hall, on July 15, 2014 at 10:00 am to consider the submitted application. If the DNS-M is appealed, the appeal will be heard as part of this public hearing. Interested parties are invited to attend the public hearing. Publication Date: June 27, 2014 CITY bFRENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT -PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 27th day of June, 2014, I deposited in the mails of the United States, a sealed envelope containing SEPA Determination documents. This information was sent to: Agencies See Attached Aron Golden, Conner Homes Applicant See Attached Owners See Attached Parties of Record Evan Mann Contact (Signature of Sender): STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that Sabrina Mirante signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Public in and for the State of Washington Panther Lake Preliminary Plat LUA14-000190, ECF, PP, LLA, MOD template -affidavit of service by mailing Dept. of Ecology ** Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 WSDOT Northwest Region * Attn: Ramin Pazooki King Area Dev. Serv .• MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers '" Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Boyd Powers *** Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Servo Attn: SEPA Section 35030 SE Douglas 51. #210 Snoqualmie, WA 98065 Metro Transit Senior Environmental Planner Gary Kriedt 201 South Jackson Street KSC-TR-0431 Seattle, WA 98104-3856 Seattle Public Utilities Jailaine Madura Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 AGENCY (DOE) LETTER MAILING (ERe DETERMINATIONS) WDFW -Larry Fisher' Muckleshoot Indian Tribe Fisheries Dept. * 1775 12th Ave. NW Suite 201 Attn: Karen Walter or SEPA Reviewer Issaquah, WA 98027 39015 _172 nd Avenue SE Auburn. WA 98092 Duwamish Tribal Office '" Muckleshoot Cultural Resources Program '" 4717 W Marginal Way SW Attn: Ms Melissa Calvert Seattle, WA 98106-1514 39015172" Avenue SE Auburn, WA 98092-9763 KC Wastewater Treatment Division '" Office of Archaeology & Historic Preservation'" Environmental Planning Supervisor Attn: Gretchen Kaehler Ms. Shirley Marroquin PO Box 48343 201 S. Jackson ST, MS KSC-NR-050 Olympia, WA 98504-8343 Seattle, WA 98104-3855 City of Newcastle City of Kent Attn: Tim McHarg Attn: Jack Pace Director of Community Development Acting Community Oev. Director 12835 Newcastle Way, Ste 200 220 Fourth Avenue South Newcastle, WA 98056 Kent, WA 98032-5895 Puget Sound Energy City of Tukwila Kathy Johnson, Steve Lancaster, Responsible Official 355 110" Ave NE 6200 Southcenter Blvd. Mailstop EST 11W Tukwila, WA 98188 Bellevue, WA 98004 *Note: Ifthe Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of Application. **Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address: sepaunit@ecy.wa.gov ***Department of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: sepacenter@dnr.wa.gov template -affidavit of service by mailing Sanfor~ & Nancv Heins 10623 SE 187th St Renton. WA 98055 James Denzer 18655 108th Ave SE Renton. WA 98055 Carol Berdan PO Box 58421 Renton. WA 98058 Larry DeCamp 18820 106th Ave SE Renton. WA 98055 Aron Golden Conner Homes 846 108th Ave NE, 200 Bellevue. WA 98004 Thomas and Shirlev Gough 18819 108th Ave SE Renton. WA 98055 Douglas Worth 1217 Coral Dr W Fircrest. WA 98466 Leslie Lansim~ 14620 205th Ave SE Renton. WA 98059 Dianna Down 18923 106th Ave SE Renton. WA 98055 Mike Kohr 25802 68th Ave Kent. WA 98032 Tammv Deacy 18825 108th Ave SE Renton. WA 98055 EP Enterprise Properties LLC 18819 108th Ave SE Renton. WA 98055 Evan Mann ESM Consulting Engineers 33400 8th Ave S, Suite 205 Federal Way. WA 98003 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE -MITIGATED (DNS-M) PROJECT NUMBER: LUA14-000190, ECF, PP, LLA, MOD APPLICANT: Aron Golden, Connor Homes, LLC PROJECT NAME: Panther Lake Preliminary Plat PROJECT DESCRIPTION: The applicant is requesting SEPA Environmental Review, Preliminary Plat approval, a Critical Area Exemption, a Lot Line Adjustment, and a street modification for a 34-lot subdivision. The 7.92- acre site is located within the Residential-8 dwelling units per net acre zoning classification. The subject property is a collection of seven (7) parcels located on the west side of 108th Ave SE just north of SE 192nd St. The 34 lots would result in a density of 5.85 dulac. Lot sizes would range from 4,500 sf to 9,900 sf with an average lot size of 5,233 sf. In addition to the 34 lots, five (5) tracts are proposed for sensitive areas, storm drainage, and recreational areas. Access to the site would be gained from 108th Ave SE. The site currently contains four single family residences and several detached structures. Two of the four single family structures are proposed for demolition. There are 190 significant trees on the site and the applicant is proposing to retain 24 original trees. A stormwater pond is proposed within Tract C which would discharge into Panther Creek. The applicant has submitted a Critical Area Report & Supplemental Stream Study, Drainage Control Report, Traffic Impact Analysis, and a Geotechnical Engineering study with the application. The site contains five Category 3 wetlands (Wetlands A-E), a Class 4 stream, and there is a Class 2 stream (Panther Creek) located off-site with a buffer extending onto the subject site. Finally, the applicant is requesting a street modification, from RMC 4-6-060, in order to eliminate the requirement for frontage improvements along 108th Ave SE. PROJECT LOCATION: 18647,18655,18819,18825 108th Ave SE, Renton, WA 98059 LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on July ~ 2014. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: June 27, 2014 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE OF DECISION: SIGNATURES: Community Services Department JUNE 23, 2014 6/t?)1 t/-~kJc&!Z~ , f ' Mark Peterson, Administrator Date Date Fire & Emergency Services Chip" Vincent, Administrat Department of Community & Economic Development Date # Date ~ it . Cityof.. . ..... . ------"".." .... ; r~t: 1J I ()!Jl OF ENVIRONMENTAL DETERMINATION AND PUBLIC HEARING ISSUANCE OF A DETERMINATION OF NON-SIGNIFICANCE -MITIGATED (DNS-M) POSTED TO NOTifY INTERESTED PERSONS Of AN ENVIRONMENTAL ACTION PROJECT NAME: PROJECT NUMBER: LOCATION: Panther Lake Preliminary Plat LUAl4-000190, ECf, PP, LLA, MOD 18647,18655,18819,18825 losth Ave SE DESCRIPTION: The apptlcant is requesting SEPA Environmental Review, Preliminary Plat approval, a Critical Area Exemption, a Lot Line Adjustment, and a street modification for a 34-lot subdivision. The 7.92-acre site is located within the Residential..s dwelling units per net acre zoning classification. The subject property Is a collection of seven (7) parcels located on the west side of lOath Ave SE just north of SE 192nd St. The 34 lots would result in a density of 5.85 dulac, lot sizes would range from 4,500 sf to 9,900 sf with an average lot size of 5,233 sf. In addition to the 34 lots, five (5) tracts are proposed for sensitive areas, storm drainage, and recreational areas. Access to the site would be gained from 108th Ave SE. The site currently contains four single family residences and several detached structures. Two of the four single family structures are proposed for demolition. There are 190 significant trees on the site and the applicant Is proposing to retain 24 original trees. A stormwater pond is proposed within Tract C which would discharge into Panther Creek. The applicant has submitted a Critical Area Report & Supplemental Stream Study, Drainage Control Report, Traffic Impact Analysis, and a Geotechnical Engineering study with the application. The site contains five Category 3 wetlands (Wetlands A-E), a Class 4 stream, and there is a Class 2 stream (Panther Creek) located off-site with a buffer extending onto the subject site. Finally, the applicant is requesting a street modification, from RMC 4·6- 060, in order to eliminate the requirement for frontage improvements along 108th Ave SE. THE CITY Of RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERe) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNifiCANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on July 11, 2014, together with the required fee with: Hearing Examiner, City of Renton, lOSS South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of RMC 4-8-110 and information regarding the appeal process may be obtained from the Renton City Clerk's Olllce, {4251 430-6510. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE 7TH fLOOR Of CITY HALL, 1055 SOUTH GRADY WAY, RENTON, WASHINGTON, ON JULY 15, 2014 AT 10:00AM TO CONSIDER THE PRELIMINARY PLAT. If THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART Of THIS PUBLIC HEARING. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION. Denis Law Mayor June 27, 2014 Community & Economic Development Department C.E."Chip"Vincent, Administrator Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Subject: ENVIRONMENTAL (SEPA) THRESHOLD DETERMINATION Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERe) on June 23, 2014: SEPA DETERMINATION: Determination of Non-Significance Mitigated (DNSM) PROJECT NAME: Panther Lake Preliminary Plat PROJECT NUMBER: LUA14-000190, ECF, PP, LLA, MOD Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on July 11, 2014, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the appeal process may be obtained from the City Clerk's Office, (425) 430-6510. Please refer to the enclosed Notice of Environmental Determination for complete details. If you have questions, please call me at (425) 430-7289. For the Environmental Review Committee, Clark H. Close Assistant Planner Enclosure cc: King County Wastewater Treatment Division Boyd Powers, Department of Natural Resources Karen Walter, Fisheries, Muckleshoot Indian Tribe Melissa Calvert, Muckleshoot Cultural Resources Program Gretchen Kaehler, Office of Archaeology & Historic Preservation Ramin Pazooki, WSDOT, NW Region Larry Fisher, WDFW Duwamish Tribal Office US Army Corp. of Engineers Renton City Hall • 1055 South Grady Way • Renton. Washington 98057 • rentonwa.gov Denis Law Mayor June 27, 2014 Evan Mann ESM Consulting Engineers 334008'h Ave 5, Ste.205 FederalVVay, VVA 98003 Community& Economic Development Department C.E."Chip"Vincent, Administrator SUBJECT: ENVIRONMENTAL (SEPA) THRESHOLD DETERMINATION Panther Lake Preliminary Plat, LUA14-000190, ECF, PP, LLA, MOD Dear Mr. Mann: This letter is written on behalf of the Environmental Review Committee (ERC) to advise you that they have completed their review of the subject project and have issued a threshold Determination of Non-Significance-Mitigatedwith Mitigation Measures. Please refer to the enclosed ERC Report, for a list of the Mitigation Measures. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on July 11, 2014, together with the requiredfee with: Hearing Examiner, City of Renton, 1055 South Grady VVay, Renton, VVA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the. appeal process may be obtained from the City Clerk's Office, (425) 430-6510. If the Environmental Determination is appealed, a public hearing date will be set and all parties notified. Also, a public hearing has been scheduled by the Hearing Examiner in the Council Chambers on the seventh floor of City Hall on July15, 2014 at 10:00 am to consider the Preliminary Plat. The applicant or representative(s) of the applicant is required to be present at tbe public hearing. A copy Cif the staff recommendation will be mailed to you . prior to the hearing. If the Environmental Determination is appealed, the appeal will be heard as part ofthis public hearing. If you have any further questions, please call me at (425) 430-7289. Renton qtY Hall-• 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov Error! Reference source not fl Page 2 of 2 June 27, 2014 For the Environmental Review Committee, Clark H. Close Associate Planner Enclosure cc: Thomas & Shirley Gough, James Denzer, Douglas Worth" Tammy Deacy, leslie lansing, EP Enterprise, / Owner(s) Aron Golden I Applicant Sanford & Nancy Heins, Mike Kohr, Carol Berdan, larry DeCamp, Dianna Down, / P;Hty(ies) of Record ERe Determination Ltr DNSM 14-000190 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES PROJECT NUMBER: LUA14-000190, ECF, PP, LLA, MOD APPLICANT: Aron Golden, Conner Homes Group, LLC PROJECT NAME: Panther Lake Preliminary Plat PROJECT DESCRIPTION: The applicant is requesting SEPA Environmental Review, Preliminary Plat approval, a Critical Area Exemption, a Lot Line Adjustment, and a street modification for a 34-lot subdivision. The 7.92-acre site is located within the Residential-8 dwelling units per net acre zoning classification. The subject property is a collection of seven (7) parcels located on the west side of 108th Ave SE just north of SE 192nd St. The 34 lots would result in a density of 5.85 dulac. Lot sizes would range from 4,500 sf to 9,900 sf with an average lot size of 5,233 sf. In addition to the 34 lots, five (5) tracts are proposed for sensitive areas, storm drainage, and recreational areas. Access to the site would be gained from 108th Ave SE. The site currently contains four single family residences and several detached structures. Two of the four single family structures are proposed for demolition. There are 190 significant trees on the site and the applicant is proposing to retain 24 original trees. A stormwater pond is proposed within Tract C which would discharge into Panther Creek. The applicant has submitted a Critical Area Report & Supplemental Stream Study, Drainage Control Report, Traffic Impact Analysis, and a Geotechnical Engineering study with the application. The site contains five Category 3 wetlands (Wetlands A-E), a Class 4 stream, and there is a Class 2 stream (Panther Creek) located off-site with a buffer extending onto the subject site. Finally, the applicant is requesting a street modification, from RMC 4-6-060, in order to eliminate the requirement for frontage improvements along 108th Ave SE. PROJECT LOCATION: LEAD AGENCY: MITIGATION MEASURES: 18647, 18655, 18819, 18825 108th Ave SE, Renton, WA 98059 The City of Renton Department of Community & Economic Development Planning Division 1. Project construction shall be required to comply with the recommendations found in the Geotechnical Engineering Study prepared by Earth Solutions, NW (dated September 23, 2013). 2. Project construction shall be required to comply with the mitigation recommendations identified in the submitted Critical Area Report & Supplemental Stream Study prepared by Sewall Wetland Consulting, Inc. (dated January 28, 2014, updated May 15, 2014). ADVISORY NOTES: Engineering Review: Jan lilian, Ph: 425-430-7216, email: jillian@rentonwa.gov Recommendations: I have reviewed the application for Panther Lake Preliminary Plat generally located at 18655 -108th Ave sE and have the following comments: Existing Conditions: WATER Water service will be provided by Soos Creek Water and Sewer District. SEWER Sewer service will be provided by Soos Creek Water and Sewer District. STORM There is limited storm conveyance in 108th Ave SE. STREETS There are frontage improvements in the area. Code Requirements: Water 1. Water service will be provided by Soos Creek Water and Sewer District. A water availability certificate has been provided with the site plan application. 2. New hydrants shall be installed per Renton's fire department standards to provide the required coverage of all lots. 3. All plats shall provide separate water service stubs to each building lot prior to recording of the plat. Sanitary Sewer 1. Sewer service will be provided by 500s Creek Water and Sewer District. A sewer availability certificate has been provided with the site plan application. 2. All plats shall provide separate side sewer stubs to each bUilding lot prior to recording of the plat. Surface Water 1. A drainage plan and drainage report dated January 29, 2014 was submitted by EsM Engineering. The proposed 34 lot subdivision, zoned R-8, is subject to full drainage in accordance with the 2009 King County Surface Water Manual and City of Renton Amendments to the KCSWM, Chapters 1 and 2. All core and six special requirements have been discussed in the report. The 7.85 acre site is located within the Panther Creek Sub basin. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Condition and requires a flow control facility sized to match the flow duration of a forested condition. Since the site discharges to an erosive downstream discharge location that is classified as a Type 2 Drainage Problem (per City of Renton 2009 Surface Water Design Manual Amendment to the 2009 King County sWDM, page 1-31, Table 1.2.3.A), the project will be subject to the Flood Problem Flow Control Area (also referred as a Level 3 flow control). The applicant's engineer has designed a detention pond to be located along the southwest corner of the site and will discharge west. The project proposes to mid slope discharge without a dissipater ERe Mitigation Measures and AdviSOry Notes Page 2 017 structure onto an erosive steep slope. The project will need to discharge with an energy dissipater located at the Ordinary High Water line of Panther Creek. Work within the Creek requires a Washington State Hydraulic Permit. 2. A portion of runoff from a bypassed area is proposed to be discharged without any flow control. This discharge is located at the top of a steep slope. The proposed discharge will be required to be treated and discharge to the Ordinary High Water line of the creek. An energy dissipater will be required to be installed. 3. All work proposed outside of the applicant's property will require a permanent drainage easement to be provided to the City and a temporary construction easement prior to any permits being issued. 4. Basic water quality will be provided using a StormFilter system. Appropriate individual lot flow control BMPs will be required to help mitigate the new runoff created by this development. 5. A geotechnical report, dated September 28, 2012 was submitted by Earth Solutions NW. The report identifies the soils as glacial till. These soils will not support infiltration. 6. Surface water system development fee is $1,228.00 per new lot. Fees are payable prior to issuance ofthe construction permit. 7. A Construction Storm water General Permit from Department of Ecology will be required. A Stormwater Pollution Prevention Plan (SWPPP) is required for this site. Transportation/Street 1. The current transportation impact fee rate is $1,430.72 per new single family home. The transportation impact fee that is current at the time of building permit application will be levied. Payment of the transportation impact fee is due at the time of issuance of the building permit. Credit will be given to the two existing homes to be demolished. 2. A traffic analysis dated January 22, 2014, was provided by Jake Traffic Engineering. The proposed 34 lot subdivision would generate 305 daily vehicle trips. Weekday peak hour AM trips would generate 24 vehicle trips, with 18 vehicles leaving and 6 vehicles entering the site. Weekday peak hour PM trips would generate 32 vehicle trips, with 20 vehicles entering and 12 vehicles existing the site. Increased traffic created by the development will be mitigated by payment of transportation impact fees. Review of sight access visibility using AASHTO criteria was completed. Engineer recommends that the existing power pole, vegetation and mailbox at the northeast property line be relocated to provide clear site distance at the driveway entrance to the plat. 3. To meet the City's complete street standards, the new internal roadway shall be designed to meet the residential access roadway per City code 4-6-060. The new internal roadway shall be a 53-foot right of way, with 26 feet of pavement, curb, gutter, an 8-foot planter strip, as-foot sidewalk and street lighting installed along both sides ofthe street. One side ofthe road will be marked No Parking. 4. EXisting right-of-way width in Benson Road fronting the site is 82 feet. Benson Road (SR 515) is classified as Principal Arterial. To meet the City's complete street standards, street improvements including an 8-foot planting strip behind the existing curb, a 12-foot sidewalk (shared bike/pedestrian), a 2-foot strip back of sidewalk, storm drainage and street lighting will ERe Mitigation Measures and Advisory Notes Page30i7 be required. To build this street section, approximately 12.5 feet of right-of-way will be required to be dedicated to the City along the project side in Benson. 5. Existing curb cut proposed to be widened in 5R 515 will require review by WSDOT. 6. Applicant may submit an application to the City requesting a modification of the street frontage improvements as outlined in City code 4-9-250C5d which. 7. LED street lighting meeting arterial lighting levels will be required per City of Renton Standards. 8. Paving and trench restoration will comply with the City's Trench Restoration and Overlay Requirements. 9. Water, sewer and storm stubs are required to be provided to each lot prior to recording of the plat. Technical Services: Bob MacOnie, Ph: 425-430-7369, email: bmaconie@rentonwa.gov Lot Line Adjustment: 1. Note the City of Renton land use action number and land record number, LUA14-000190 and LND-30-0383, respectively, on the final submittal. The type size used for the land record number should be smaller than that used for the land use action number. 2. Note discrepancies between bearings and distances of record and those measured or calculated, if any. 3. The lot addresses will be provided by the city as soon as possible. Note said addresses and the street name on the drawing. Do note encroachments, if any. 4. Add a note to the effect that the easement under Rec. No. 20120809000865 originally across underlying Parcel G for access and utilities to the benefit of underlying Parcel G will remain across Lot B for the benefit of Lot A of this lot line adjustment until such time as other access is provided. Plat Recommendations: The final plat document must be prepared under the direction of and stamped by a licensed "Professional Land Surveyor." Note the City of Renton land use action number and land record number, LUA14-000190 and LND-I0-0513, respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Please note that the land use action number provided will change when this subdivision changes from preliminary to final plat status. Show two ties to the City of Renton Survey Control Network. The geometry will be checked by the city when the ties have been provided. The ties in this case can be made by explicit reference to the underlying Lot Line Adjustment. Include a statement of equipment and procedures used, per WAC32-130-100. Note the date the existing city monuments were visited and what was found, per WAC 332-130-150. Provide lot closure calculations. Indicate what has been, or is to be, set at the corners of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. ERe Mitigation Measures and Advisory Notes Page 4 of 7 The lot addresses will be provided at final plat submittal. Note said addresses and the street name on the plat drawing. On the final plat submittal, remove all references pertaining to utilities facilities, trees, concrete, gravel, decks and other items not directly impacting the subdivision. These items are provided only for preliminary plat approval. Do note encroachments, if any. Remove from the "LEGEND" block all tree items, utilities facilities and mailbox references, but do include in said "LEGEND" block the symbols and their details that are used in the plat drawing. Do not include a utility provider's block, an owner's block, an engineer/surveyor block and an architect block. Do not include any references to use, density or zoning on the final submittal. If the abutting properties are platted, note the lot numbers and plat name on the drawing otherwise note them as 'Unplatted'. Remove the building setback lines from the proposed lots. Setbacks will be determined at the time that building permits are issued. Note the research resources on the plat submittal. Note all easements, covenants and agreements of record on the plat drawing. The City of Renton "APPROVALS" blocks for the City of Renton Administrator, Public Works Department, the Mayor, City Clerk and the Finance Director. A pertinent approval block is also needed for the King County Assessor's Office. Provide signature lines as required. If there is a Restrictive Covenants, Conditions & Restrictions document for this plat, then reference the same on the plat drawing and provide a space for the recording number thereof. Note that if there are restrictive covenants, agreements or easements to others (neighboring property owners, etc.) as part of this subdivision, they can be recorded concurrently with the plat. The plat drawings and the associated document(s) are to be given to the Project Manager as a package. The plat document will be recorded first (with King County). The recording number(s) for the associated document(s) (said documents recorded concurrently with, but following the plat) need to be referenced on the plat drawings. There needs to be language regarding the conveyance of the Tracts created by the plat; please check with the Stormwater Utility to see if they will require that the City be the owner of stormwater management tracts) if not and if there is to be a Homeowners' Association (HOA) created for this plat, the following language concerning ownership of the other tracts applies to this plat and should be noted on the final plat drawing as follows: Upon the recording of this plat, Tracts is hereby granted and conveyed to the Plat of Name of Plat Homeowners' Association (HOA) only for the purposes noted thereon. All necessary maintenance activities for said Tracts will be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tracts previously owned by the HOA and have the attendant financial and maintenance responsibilities. ERe Mitigation Measures and Advisory Notes Page 5 of 7 Otherwise. use the following language on the final plat drawing: Lots 1 through 34, inclusive, shall have an equal and undivided ownership interest in Tracts and the tracts can only be used for the purposes noted thereon. The foregoing statements are to be accompanied by language defining the maintenance responsibilities for any infrastructure located on the Tracts serving the plat or reference to a separate recorded instrument detailing the same. Please discuss with the Plan Reviewer and the Stormwater Utility any other language requirements regarding surface water BMPs and other rights and responsibilities. All vested owner(s) ofthe subject plat, at the time of recording, need to sign the final plat. For the street dedication process, include a current title report noting the vested property owners dated within 45 days offinal approval. Like the Nippert LLA (LUA14 000250), Enclave Plat, the City should require an 12.S' dedication along the frontage of 108th Ave SE. The fact that it is a State Route and therefore the right of way is vested in the State may be an issue here but the dedication on the Plat is to City and the same could apply to the LLA portion ofthis project. Reviewer Comments: Craig Burnell, Ph: 425-430-7290, email: cburnell@rentonwa.gov 5' easement (no build) on the south lot line of 33 & 34. Community Services Review: A. Parks Impact fee per Ordinance 5670 applies. Construct 5' bike lane along Benson per adopted trails and bicycle plan (See attachment). Coordinate with City's Urban Forester for tree protection. Coordinate tree substitution for "Raywood Ash' with Urban Forester. B. "Complete streets" along Benson should be constructed. C. There are no impacts to parks. Planning Review: Clark H. Close, PH: 435-430-7289, email: cclose@rentonwa.gov 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday, unless otherwise approved by the Development Services Division. 2. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. 3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval ofthe permit. 4. A National Permit Discharge Elimination System (NPDES) permit is required when more than one acre is being cleared. ERe Mitigation Measures and Advisory Notes Page 6 of 7 5. The applicant will be required to submit a Final Stream and Wetland Mitigation Report and Maintenance and Monitoring proposal. In addition, the applicant will be required to comply with all the code requirements of RMC 4-3-050 Critical Areas. This includes, but is not limited to, placing the critical area within a Native Growth Protection Easement, providing fencing and signage, and providing the City with a site restoration surety device and, later, a maintenance and monitoring surety device. 6. The applicant may not fill, excavate, stack or store any equipment, dispose of any materials, supplies or fluids, operate any equipment, install impervious surfaces, or compact the earth in any way within the area defined by the drip line of any tree to be retained. 7. The applicant shall erect and maintain six foot (6') high chain link temporary construction fencing around the drip lines of all retained trees, or along the perimeter of a stand of retained trees. Placards shall be placed on fencing every fifty feet (50') indicating the words, "NO TRESPASSING -Protected Trees" or on each side of the fencing if less than fifty feet (50'). Site access to individually protected trees or groups of trees shall be fenced and signed. Individual trees shall be fenced on four (4) sides. In addition, the applicant shall provide supervision whenever equipment or trucks are moving near trees. Fire Review -Building: Corey Thomas, Ph: 425-430-7024, email: cthomas@rentonwa.gov Recommendations: Environmental Impact Comments: 1. The fire impact fees are applicable at the rate of $479.28 per single family unit. This fee is paid at building permit issuance. Credit will be granted for the removal of the two existing homes. Code Related Comments: 1. The fire flow requirement for a single family home is 1,000 gpm minimum for dwellings up to 3,600 square feet (including garage and basements). If the dwelling exceeds 3,600 square feet, a minimum of 1,500 gpm fire flow would be required. A minimum of one fire hydrant is required within 300-feet of the proposed buildings and two hydrants if the fire flow goes up to 1,500 gpm. Existing fire hydrants can be counted toward the requirements as long as they meet current code including 5-inch storz fittings. A water availability certificate is required from Soos Creek Water and Sewer District. 2. Fire department apparatus access roadways are required to be a minimum of 20-feet wide fully paved, with 25-feet inside and 45-feet outside turning radius. Fire access roadways shall be constructed to support a 30-ton vehicle with 322-psi point loading. Access is required within 150-feet of all points on the buildings. Cul-de-sac is required to be a full90-foot diameter. All roads and shared driveways shall be fully paved to 20-feet. Emergency access gate shall be fully automated per fire department standards. Police Review: Cyndie Parks, Ph: 425-430-7521, email: cparks@rentonwa.gov Recommendations: 32 Estimated Annual CFs The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. ERe Mitigation Measures and Advisory Notes Page 7 all DEPARTMENT OF COMMUNI i , AND ECONOMIC DEVELOPMENT ENVIRONMENTAL REVIEW COMMITIEE REPORT ERC MEETING DA TE: Project Name: Project Number: Project Manager: Owners/Applicant: Contact: Project Location: Project Summary: Site Area: STAFF RECOMMENDATION: ERe Report 14-000190 (3) June 23, 2014 Panther Lake Preliminary Plat LUA14-000190, ECF, PP, LLA, MOD Clark H. Close, Associate Planner Aron Golden, Conner Homes Group, LLC 846 108th Ave NE, Suite 200, Bellevue, WA 98004 Evan Mann, ESM Consulting Engineers 33400 8th Ave S, Suite 205, Federal Way, WA 98003 18647, 18655, 18819, 18825 108th Ave SE, Renton, WA 98059 The applicant is requesting SEPA Environmental Review, Preliminary Plat approval, a Critical Area Exemption, a Lot Line Adjustment, and a street modification for a 34-lot subdivision. The 7.92-acre site is located within the Residential-8 dwelling units per net acre zoning classification. The subject property is a collection of seven (7) parcels located on the west side of 108th Ave SE just north of SE 192nd St. The 34 lots would result in a density of 5.85 dulac. Lot sizes would range from 4,500 sf to 9,900 sf with an average lot size of 5,233 sf. In addition to the 34 lots, five (5) tracts are proposed for sensitive areas, storm drainage, and recreational areas. Access to the site would be gained from 108th Ave SE. The site currently contains four single family residences and several detached structures. Two of the four single family structures are proposed for demolition. There are 190 significant trees on the site and the applicant is proposing to retain 24 original trees. A storm water pond is proposed within Tract C which would discharge into Panther Creek. The applicant has submitted a Critical Area Report & Supplemental Stream Study, Drainage Control Report, Traffic Impact Analysis, and a Geotechnical Engineering study with the application. The site contains five Category 3 wetlands (Wetlands A-E). a Class 4 stream, and there is a Class 2 stream (Panther Creek) located off- site with a buffer extending onto the subject site. Finally, the applicant is requesting a street modification, from RMC 4-6-060, in order to eliminate the requirement for frontage improvements along 108th Ave SE. 344,995 SF (7.92 acres) Staff Recommends that the Environmental Review Committee issue a Determination of Non-Significance -Mitigated (DNS-M). EXHIBIT 1 City of Renton Department of Community & PANTHER LAKE PRELIMINARY PLAT Report of June 23, 2014 Project Location Map: omic Development I PART ONE: PROJECT DESCRIPTION I BACKGROUND Environmental Review Committee Report LUA14-000190, ECF, PP, LLA, MOD Page 2 of 12 The applicant is requesting Preliminary Plat approval and Environmental (SEPA) Review for the subdivision of seven (7) lots (Parcel Nos. 322305-9148, 322305-9273, 322305-9344, 322305-9123, 662340-0054, 662340-0050, and 662340-0053) into five (5) tracts (landscape, open space, stormwater/sensitive areas, open space/sensitive areas, and park) and 34 lots for the future construction of single family residences (Exhibit 2). The site is located in the SEX, Section 32, Township 23 North, Range 5 East, W.M., south of SE 186th Street and north of SE 192 nd Street. Specific addresses include 18647, 18655, 18819, 18825 -108 th Ave SE. The subject site is "C" shaped and is bordered by 10Sth Avenue SE (SR 515) and Morgan Court Condominium to the east, Vista Hills and Vista Ridge single family to the north, Panther Creek Critical Area and Cougar Mountain Plat is down the slope to the west, and a large single family lot borders the preliminary plat proposal to the south. Table 1. Surrounding Land Use and Zoning Location Land Use Zoning Site Residential Single Family Residential-8 North Residential Single Family Residential-8 South Residential Single Family Residential-S East Residential Medium Density Residential-14 West Residential Single Family Residential-8 The 7.92-acre project site is mostly vacant land that has been used as pasture or left in a natural state. The parcels are located within the Residential-8 (R-8) dwelling units per net acre zoning classification. The net density of the project is 5.35 dwelling units per acre and the 34 lots will range in size from 4,500 square feet to 9,900 square feet with an average lot size of 5,233 square feet (Exhibit 2). ERe Report 14-000190 (3) Ii City of Renton Department oj Community & PANTHER LAKE PREliMINARY PLA T Report of June 23, 2014 omic Development Environmental Review Committee Report LUAl4-000190, ECF, PP, LLA, MOD Page 3 of 12 The property currently has two existing single family homes onsite. The existing homes and their accessory structures, at 18647 and 18655, will be removed as part of the proposal. The existing homes at 18819 and 18825 will be retained and removed from the platting exercise through a lot line adjustment prior to preliminary plat approval. Access to the site will be provided via a new road extending west from 108th Ave SE into the property and then south to a cul-de-sac, approximately 700 feet into the site. A right-of-way dedication of 12.5 feet is required along the frontage of 108th Ave SE in order to meet the classification of a principal arterial. A 20-foot secondary access road will be provided on parcel no. 662340-0050 for fire emergency access to 108th Ave SE. Stormwater will be collected and conveyed to a storm detention vault in the southwest corner of the property where it will be treated for water quality. Full street improvements on the new roads (Road A and Road B) will be completed to provide a 53-foot right-of-way with paving, curb and gutter, 5-foot sidewalks, and an 8-foot planting strip. As part of the improvements, the applicant is seeking an exception through waiver under RMC 4-3-050J.5.d in order to match the existing built-out conditions found in the 82-foot Right-of-Way (ROW) along 108th Ave SE. Due to the unique configuration of the site and a net density under six (6) dwelling units per net acre, alleys are not incorporated into the design. The applicant is proposing three (3) shared driveway easements that would serve 11 lots (specifically lots 8-10,18-21 and 23-26) or 32% ofthe subdivision. The properties are covered in grass and trees and the overall site slopes to the west with some undulations, with the very western edge of the property dropping significantly down to Panther Creek (Exhibit 3). The steepest slope on the developable portion of the property is approximately 15%. Slopes exceed 20% alongside the western boundary of the property. Soil types include Alderwood Gravelly Sandy Loam, 6-15% slopes (Age) and 15-30% (AgD). Subsurface conditions at the site were explored in September 2013 to a maximum depth of 11.5 feet below the existing grades; the native soils observed at the test pit locations were generally consistent. A geotechnical study and slope reconnaissance found that the stability of the slope areas can be characterized as moderate and the liquefaction susceptibility is low (Exhibit 9). i PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21C240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS-M with a 14-day Appeal Period. B. Mitigation Measures 1. Project construction shall be required to comply with the recommendations found in the Geotechnical Engineering Study prepared by Earth Solutions, NW (dated September 23,2013). 2. Project construction shall be required to comply with the mitigation recommendations identified in the submitted Critical Area Report & Supplemental Stream Study prepared by Sewall Wetland Consulting, Inc. (dated January 28,2014, updated May 15, 2014). ERe Report 14-000190 (3) City of Renton Department of Community & PANTHER LAKE PRELIMINARY PLAT omic Development Environmental Review Committee Report LUA14-000190, ECF, PP, LLA, MOO Report of June 23, 2014 Page 4 of 12 C Exhibits Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Exhibit 14 Exhibit 15 Exhibit 16 Exhibit 17 Exhibit 18 Exhibit 19 Exhibit 20 Exhibit 21 ERC Report Panther Lake Preliminary Plat Plan Existing Conditions Tree Cutting and Land Clearing Plan Preliminary Grading Plan Preliminary Road & Utility Plan Drainage Control Plan Preliminary Landscaping Plan Geotechnical Engineering Study prepared by Earth Solutions NW, LLC (dated September 23, 2013) Critical Area Report & Supplemental Stream Study prepared by Sewall Wetland Consulting, Inc. (dated January 28, 2014) Addendum to Critical Area Report & Supplemental Stream Study (May 15, 2014) Technical Information Report prepared by ESM Consulting Engineers, LLC (dated January 29, 2014) Traffic Impact Analysis prepared by Jake Traffic Engineering, Inc. (dated January 22, 2014) Muckleshoot Tribe Email: Walter Department of Ecology: McGraner Construction Mitigation Description Preliminary Wetland Mitigation Plan Traffic Concurrency Test for the Panther Lake Plat: Lee Drainage Easement Proposed Site Plan Advisory Notes to Applicant 0_ Environmentallmpacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: L Earth Impacts; A Geotechnical Engineering Study prepared by Earth Solutions, NW (Exhibit 9) was submitted with the project application. According to the submitted study, the existing site topography generally slopes from east to west with elevation change from 490 feet to 420 feet across the entire project site. Hillsides are classified as either sensitive or protected slopes. A sensitive slope is a hillside characterized by an average slope of twenty-five percent (25%) to less than forty percent (40%) with a vertical rise of less than fifteen feet, and a protected slope is a hillside with an average slope of forty percent (40%) or greater grade with a minimum vertical rise of fifteen feet. The off-site natural slopes, adjacent to the western margins of the site, are not mapped as landslide hazard by the City of Renton GIS data. The west portion of the site includes both protected slopes and sensitive slopes. The portion of the site identified to have protected ERe Report 14-000190 (3) City of Renton Department of Community & PANTHER LAKE PRELIMINARY PLA T Report of June 23, 2014 omic Development Environmental Review Committee Report WA14-o00190, ECF, PP, LLA, MOO Page 5 of 12 slopes would not be impacted by the development, with the exception of a proposed stormwater outfall (see storm section below). During slope reconnaissance, a gulley aligned perpendicular to Panther Creek was observed adjacent to the northwest corner of the site, as well as a shallow head scarp six to eight feet in height west of the property margins indicating minor surficial instability. In general, stability ofthe slope areas, which is underlain by glacial till, can be characterized as moderate. The applicant indicates that approximately 10,100 cubic yards of cut and 18,200 cubic yards of fill would be required for the construction of required plat improvements and new single family residences. Temporary erosion and sedimentation control measures would be implemented during construction including, but not limited to, hay bales, siltation fences, temporary siltation ponds, controlled surface grading, and a stabilized construction entrance in accordance with City of Renton requirements. Vegetation consists primarily of pasture field grass, a variety of trees, and blackberries. The majority of the steeper sloping areas also include orchard grass, tall fescue, bentgrass, and quackgrass. The USDA Natural Resources Conservation Service geologic map of the area identifies Alderwood Gravelly Sandy Loam throughout the site and surrounding area. Alderwood soils formed in glacial till and typically present a slight to moderate erosion hazard and slow to medium runoff. They are comprised of gravelly ashy sandy loam transitioning to very gravelly sandy loam and are not considered a wetland or hydric soil. A total of 6 test pits (TP-1 through TP-6) were excavated across the project site. Topsoil was encountered in the first 6 to 12 inches below grade at all test pit locations. Underlying the topsoil, medium dense brown sandy silt and silty sand was observed, transitioning to dense to very dense at an average depth of three to five feet below existing grades. The soil conditions observed at the test pit locations generally correlate with glacial till. Groundwater seepage was encountered at test pit TP-4, approximately five feet below existing grade, likely representing perched groundwater. Seepage should be expected in deeper site excavations such as deeper foundation and utility trench excavations; groundwater seepage rates and elevations fluctuate based on precipitation duration and intensity, time of year, and soil conditions. It is anticipated that the maximum cuts for the proposed development will be approximately six to eight feet and that the proposed development activity can be completed as currently planned without adversely impacting the slope area adjacent to the western margins ofthe site. The proposed storm tract structure is to be located at least 25 feet from the top of the slope, with grading activities at least 10 feet from the top of the slope. Proposed structures can be supported on conventional spread and continuous foundations bearing on undisturbed competent native soil or structural fill. Due to moderate to high sensitivity moisture content, the report recommends the grading should take place during the summer months or a contingency be in place to include a budget that would allow for export of native soil and/or existing fill and import of structural fill. The submitted geotechnical report provides recommendations for site preparation and earthwork, wet season grading, foundations, seismic design, slab-on-grade floors, retaining walls, drainage, utility support and trench backfill, and pavement sections. Staff recommends as a SEPA mitigation measure that project construction be required to comply with the recommendations found in the Geotechnical Engineering Study prepared by Earth Solutions, NW (dated September 23,2013). ERe Report 14-000190 (3) City of Renton Department of Community & PANTHER LAKE PRELIMINARY PLAT Report of June 23, 2014 omic Development Environmental Review Committee Repart WAl4-DDD19D, ECF, PP, LLA, MOD Page 6 of 12 Mitigation Measures: Project construction shall be required to comply with the recommendations found in the Geotechnical Engineering Study prepared by Earth Solutions, NW (dated September 23,2013; Exhibit 9). Nexus: State Environmental Policy Act (SEPA) Environmental Review and RMC 4-3-050 Critical Areas Regulations. 2. Water a. Wetlands, Streams, lakes Impacts: A Critical Area Report & Supplemental Stream Study prepared by Sewall Wetland Consulting, Inc. (dated January 28,2014; Exhibit 10 and updated May 15, 2014; Exhibit 11) was submitted with the application materials. According to the report, there are five wetlands on the site, a Class 2 stream off-site to the west, and a Class 4 small tributary along the south side of the site. All of the wetlands on the site are "slope type" wetlands, with varying degrees of disturbance. As slope wetlands, none of these wetlands store or attenuate any runoff or flows. Using the Washington State Department of Ecology (WADOE) wetland ratings system, these wetlands score extremely low for water quality and hydrologic function and low for habitat function. The emergent wetlands A-E can be described as follows: Wetland A - a 7,744 sf wetland flagged with flags AI-All. It is considered a disturbed wetland in an old pasture and appears to have disturbed soils from past plowing and grading. This wetland is dominated by a mix of reed canary grass, soft rush, creeping butter cup, and blackberry. This wetland is best classified as a Category 3 wetland and will be enhanced to mitigate the removal of wetland E. The enhancement will create an area with a forested and emergent plant community with enhanced functional value, primarily by raising its habitat function. The planting schedule includes adding critical area fencing and signage in addition to 376 trees and plants to Wetland A and the stormwater outfall area. Wetland B - a 1,198 sf wetland was found in the southwestern corner ofthe property. It appears to have evolved in disturbed soils and is dominated by low plant species consisting of invasive plants. Wetland B would be classified as a Category 3 wetland. Temporary impacts to the buffer, through initial construction of the stormwater pond, are anticipated. Wetland C - a 274 sf wetland was found in the southwestern corner of the property. It appears to have evolved in disturbed soils and is dominated by low plant species consisting of invasive plants. Wetland C would be classified as a Category 3 wetland. Temporary impacts to the buffer, through initial construction ofthe storm water pond, are anticipated. Wetland D - a 370 sf wetland was found in the southern boundary of the property. It appears to have evolved in disturbed soils and is dominated by low plant species consisting of invasive plants. This wetland is classified as a Category 3 wetland. No work will take place within the buffer of wetland D. Wetland E - a 996 sf wetland was found in the northwestern corner of the property. It appears to have evolved in disturbed soils and is dominated by low plant species consisting of invasive plants. This wetland is highly altered and appears to be totally supported by artificial water sources, including a roof drain from a home and garage, a gray water drain from the home and a drain tile from a pervious water line construction upslope of the wetland. Wetland E would be classified as a ERe Report 14-000190 (3) City of Renton Department of Community & PANTHER LAKE PRELIMINARY PLAT Report of June 23, 2014 omic Development Environmental Review Committee Report LUA14-000190, ECF, PP, [LA, MOD Page 7 of 12 Category 3 wetland. This small low value wetland would be removed and filled as part of the subdivision. Under RMC 4-3-050C.5J, the removal of a small (no greater than 2,200 square feet) Category 3 wetland may receive exemption status and be permitted when each of the four criteria can be met: 1) Standing water is not present in sufficient amounts, i.e., approximately twelve inches (12") to eighteen inches (18") in depth from approximately December through May, to support breeding amphibians; (2) Species listed by Federal or State government as endangered or threatened, or the presence of essential habitat for those species, are not present; (3) Some form of mitigation is provided for hydrologic and water quality functions, for example, stormwater treatment or landscaping or other mitigation; and (4) A wetland assessment is prepared by a qualified professional demonstrating the criteria of the exemption are met. The wetland assessment shall be subject to independent secondary review at the expense of the applicant. Sewall Wetland Consulting, Inc prepared a Critical Area Report & Supplemental Stream Study (Exhibit 10) indicating that Wetland E appears to be hydrological supported by various upslope drainage pipes and drains which will be cut off during the construction of the plat. Due to the topography and the steep slopes, there is no indication that the wetland supports deep standing water at any time of the year. The wetland scores extremely low for habitat function and no endangered or threatened species were observed or have been reported by WDFW in the area. Mitigation for the loss of water quality and hydrologic function would be required to fill this wetland. "Out of kind" provision using wetland enhancement was suggested as mitigation. Panther Creek -This Class 2 Stream is located off-site to the west and parallels the western boundary of the property. Panther Creek, a known fish-bearing stream in the Springbrook Creek Sub basin, is located in a steep-sided ravine and is relatively undisturbed with quality forested buffer areas. Class 2 waters typically have a 100-foot buffer measured from the ordinary high water mark (OHWM). The applicant used the available public data to show an approximate location of the creek and has generated an approximated 100-foot buffer setback. No work will take place in Panther Creek. The stream buffer will be required to extend to the boundary of the protected slopes per RMC 4-3-0505.g. Temporary construction impacts will include a stormwater outfall system directed to the west, off-site into the buffer of Panther Creek to allow natural runoff to continue to flow to the west. The applicant has secured storm drainage easement, containing 2,375 square feet for the proposed off-site stormwater outfall (Exhibit 19). The pipe will be above ground and anchored and then will go underground. An area of 10 feet on each side of the proposed storm water outfall construction zone, and restoration of this area will be used as an area of potential temporary disturbance during the construction. Enhancement of the temporary construction area is identified in the wetland enhancement plan; the final enhancement planting schedule will match the required outfall system plan, and staff will recommend this as a condition of approval of the preliminary plat. RMC Chapter 4-3-050.1.8 states that criteria needed for crossing of a stream or its buffer include: (a) Fish and wildlife habitat areas shall be avoided to the maximum extent possible; and (b) The utility is designed consistent with one or more of the following methods: ERe Report 14-000190 (3) City oj Renton Department of Community & PANTHER LAKE PRELIMINARY PLAT Report of June 23, 2014 omic Development Environmental Review Committee Report LUA14-000190, EeF, PP, LLA, MOD Page 8 of 12 (1) Installation shall be accomplished by boring beneath the scour depth and hyporheic zone of the water body and channel migration zone; or (2) The utilities shall cross at an angle greater than sixty (60) degrees to the centerline of the channel in streams or perpendicular to the channel centerline; or (3) Crossings shall be contained within the footprint of an existing road or utility crossing; and (c) New utility routes shall avoid paralleling the stream or following a down-valley course near the channel; and (d) The utility installation shall not increase or decrease the natural rate of shore migration or channel migration; and (e) Seasonal work windows are determined and made a condition of approval; and (f) Mitigation criteria of subsection L3c(ii) of this Section are met. The proposed impact is at a right angle to the stream channel. A Hydraulic Project Approval (HPA) will be submitted to WDFW for this outfall and will follow the requirements of WDFW. No work will occur in the stream or under the stream. No crossing of the stream is proposed and the crOSSing of the buffer will be nearly 90 degrees, which avoids paralleling the stream or following a down-valley course. The construction method and restoration plan will restore the stream buffer to a condition that will not increase or decrease the natural rate of shore migration or channel migration. The work will be conducted during the seasonal work window as approved by WDFW. A mitigation plan meeting these criteria was submitted by Sewall Wetland Consulting, Inc. The restored wetland, stream and buffer will be monitored four times in year 1, and once a year for 5 years as required by RMC. Stream A -is a small tributary stream that flows into Panther Creek from Wetland D. This small intermittent stream is located along the south side of the site. This stream is a narrow mud bottom channel that appears to carry primarily runoff from the streets to the east of the site. This stream is classified as a Class 4 water and has a 35-foot buffer measured from the OHWM. There are no proposed impacts to this stream or the buffer. Renton COR Maps show a Class 4 stream through the project site. A review of a preliminary wetland report from The Watershed Company and the Critical Area Report & Supplemental Stream Study prepared by Sewall Wetland Consulting, Inc. (Exhibit 10) indicate that this unnamed tributary to Panther Creek flows out of Wetland A. The flow was subsurface along some of the channel, and most of the channel is located off-site south of the site. Topography at 2-foot contours supports the stream moving offsite, to the west and south, with no indication that it moves back onsite before flowing into Panther Creek. Prior to final plat approval, the areas west of Wetland A and Wetland B and their associated buffers, in addition to the Panther Creek lOO-foot buffer from the ordinary high water mark, shall be placed in a Native Growth Protection Easement_ Staff will recommend this as a condition of approval of the preliminary plat. The Homeowners' Association (HOA) shall be incorporated and the responsibility for maintenance of Native Growth Protection Easement 'A' shall be assigned to the HOA on the face of the plat prior to recording. Staff will recommend this as a condition of approval of the preliminary plat. Due to the sloping character of the site, creating wetlands was not considered feasible by the Wetland Ecologist. As a result, the "out of kind" provision using wetland enhancement was suggested as mitigation. Wetland A will be enhanced functionally in order to create an area with a ERe Report 14-000190 (3) City of Renton Department oj Community & E mic Development PANTHER lAKE PRELIMINARY PIA T Report of June 23, 2014 r:nvironmental Review Committee Report WA14-000190, ECF, PP, LIA, MOD Page 9 of 12 forested and emergent plant community, primarily by raising habitat function. A preliminary buffer enhancement plan has been provided (Exhibit 17); however, recent revisions to the site plan has reduced the overall impacts to the wetlands and a new mitigation plan will need to be submitted commensurate with the reduced impacts; staff will recommend this as a condition of approval of the preliminary plat. The functional lift associated with Wetland A will raise the WADOE Category from a IV wetland to a III wetland. Mitigation Measures: Project construction shall be required to comply with the mitigation recommendations identified in the submitted Critical Area Report & Supplemental Stream Study prepared by Sewall Wetland Consulting, Inc. (dated January 28,2014, updated May 15, 2014; Exhibits 10-11). Nexus: State Environmental Policy Act (SEPA) Environmental Review and RMC 4-3-050 Critical Areas Regulations. b. Storm Water Impacts: The applicant submitted a Technical Information Report (TIR), prepared by ESM Consulting Engineers, LLC (dated January 29, 2014; Exhibit 12). According to the TIR, a stormwater detention pond will be located in the southwest portion of the site and will discharge to the west. The proposed 34-lot subdivision is subject to full drainage review in accordance with the 2009 King County Surface Water Manual and City of Renton Amendments to the KCSWM, Chapters 1 and 2. All core and six special requirements have been discussed in the report. The standard requires the site to match the durations of high flows at their predevelopment levels for all flows from one-half of the 2-year peak flow up to the SO-year peak flow. The output models place the required detention volume as 76,640 cubic feet of storage, with 8 feet of detention. The proposed pond proVides 84,240 cubic feet of storage or an estimated construction/safety factor of 10%. Appropriate Best Management Practices (BMPs) from the Washington State Department of Ecology Manual for individual lot flow control will be required to help mitigate the new runoff created by this development. Additional project BMPs are identified in the construction mitigation description (Exhibit 16). The 7.92-acre site is located within the Panther Creek Sub basin. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Conditions and requires a flow control facility sized to match the flow duration of a forested condition. Since the site discharges to an erosive downstream discharge location that is classified as a Type 2 Drainage Problem (per City of Renton 2009 Surface Water Design manual Amendment to the 2009 King County SWDM, page 1-31, Table 1.2.3.A)' the project will be subject to the Flood Problem Flow Control Area (also referred to as a Level 3 flow control). The project proposes to mid-slope discharge without a dissipater structure onto an erosive protected slope. Prior to any development of a discharge system or alteration of a property containing a critical area, the owner or designee must obtain a development permit and a Critical Areas Exemption. The project will also need to discharge with an energy dissipater located at the OHWM of Panther Creek. Staff will recommend this as a condition of approval ofthe preliminary plat. The water quality treatment will be provided by a stormfilter vault, which precedes the detention pond. The northwest corner ofthe project proposes to provide a stormfilter manhole to treat the bypass area. The portion of the runoff without flow control, from a bypassed area at the top of a steep slope, will be required to be treated and discharged using an energy dissipater to the OHWM of Panther Creek. Because work is being proposed outside the applicant's property, a drainage ERe Report 14-000190 (3) City of Renton Department of Community & PANTHER LAKE PREliMINARY PLA T Report of June 23, 2014 omic Development Environmental Review Committee Report LUA14·000190, E£F, PP, LLA, MOD Page 10 of 12 easement will be required to be provided to the City and a temporary construction easement prior to any permits being issued; this will become a condition of plat approval. Staff has received comments from Karen Walter from the Muckleshoot Indian Tribe (Exhibit 14) desiring the stormwater treatment method be increased from the proposed basic treatment to enhanced treatment methods to minimize the amount of oil/PAHs and metals prior to any stormwater discharges into Panther Creek, a known fish-bearing stream in the Springbrook Creek Sub basin. Oils and metals are particularly toxic to salmon, so every effort should be made to reduce them at the source. Enhanced treatment methods would require an additional vault, downstream of the proposed stormwater pond, within the 100-foor buffer from the Class 2 stream. Basic water quality will be provided using a Storm Filter system and appropriate individual lot flow control BMPs will be required to help mitigate the new runoff created by this development. The submitted geotechnical report identifies the soils as medium dense to very dense glacial till, not supportive of water infiltration. Groundwater seepage was observed at five feet below grade along the western property line. The seepage likely represents perched groundwater. Mitigation Measures: No further mitigation required Nexus: N/A 3. Trees and Vegetation Impacts: The properties are covered in grass and trees with the majority of the trees being situated along the western boundary of the properties. There are a variety of tree species onsite, including Douglas Fir, Maple, Cedar and several others in smaller numbers. There are approximately 190 trees over 6 inches in diameter on the seven parcels proposed to be developed. After street and critical area deductions, and the minimum requirement to retain 30%, the applicant is proposing to maintain 24 trees and a minimum of 120 new trees will be provided at 2" DBH. All trees that are proposed to be retained, including 34 in the critical areas and buffers, will be fenced and signed during construction process for preservation (Exhibit 4). Trees located in the critical area buffers are required to be retained; otherwise a variance is needed from the tree regulations. A variance will be needed for tree removal for wetland E if there are trees located in this wetland and its buffer. In regard to new trees to be planted in the landscape area associated with the public streets, a final detailed landscape plan must be submitted and approved prior to issuance of the street and utility construction permits (Exhibit 8). Mitigation Measures: No further mitigation required Nexus: N/A 4. Transportation Impacts: Primary access to the site is proposed via a new street intersection on 108th Ave SE (SR 515). The existing 82-foot right-of-way width on 108th Ave SE is a developed s-Iane Principal Arterial with a posted speed limit of 40 MPH. To meet the City's complete street standards, street improvements including an 8-foot planting strip behind the existing curb, a 12-foot sidewalk (shared bike/pedestrian), a 2-foot strip back of sidewalk, storm drainage, and street lighting would be required. In order to build this street section, approximately 12.5 feet of right-of-way will be ERe Report 14·000190 (3) City of Renton Department of Community & l mic Development PANTHER LAKE PRELIMINARY PLA T Report of June 23, 2014 environmental Review Committee Report LUAl4-000190, EeF, PP, LLA, MOD Page 11 of 12 required to be dedicated to the City along the project side of 108th Ave SE. A second 20' gated fire lane access road from Road B to the project will be incorporated across 18819 108th Ave SE to SR 515 (Exhibit 6). The applicant has submitted a request for a modification from half-street frontage improvements along the project frontage in order to maintain the existing built road standard. Existing improvements consist of four travel lanes, a center turn lane, 5-foot sidewalks located against the curb, and a 5-foot wide planter strips on both sides. A Traffic Impact Analysis prepared by Jake Traffic Engineering, Inc. (dated January 22, 2014; Exhibit 13) was submitted with the application materials. The proposed 34-lot subdivision would generate 305 new trips: 24 and 32 trips during the weekday, AM and PM peak hour, respectively. WSDOT's 2012 Annual Traffic Report identifies that 27,000 to 28,000 vehicles per day would travel this route. The calculated accident rate on SR 515, in the site vicinity, was 0.6 incidents per million vehicle miles, which is lower than the average collision rate of 2.07 and 2.57 incidents for Urban Principal and Minor Arterials, respectively. The Traffic Impact Analysis reviewed the City of Renton's 6-year TIP and no project is noted on 108th Ave SE. The AASHTO sight lines criteria are 305 feet for Stopping Sight Distance and 445 feet for Entering Sight Distance. The City trip threshold is 20 peak hour trips; no City classified intersection would be affected by site traffic. The traffic report concludes by listing the following traffic impact mitigation measures: 1) construct site in accordance with applicable City requirements, 2) install the site access intersections on 108th Ave SE to applicable City/WSDOT requirements, 3) pay lawful traffic impact mitigation fees, 4) prepare a formal street modification request to allow 10gth Ave SE street geometrics to be maintained, and 5) construct the internal subdivision street to City requirements. It is not anticipated that the proposed project significantly adversely impacts the City of Renton's street system subject to the payment of code-required impact fees and the construction of code- required frontage improvements. Based upon the test of the citywide Transportation Plan, consideration of growth levels included in the LOS-tested Transportation Plan, payment of a Transportation Mitigation Fee, and an application of site specific mitigation, development will have met City of Renton's transportation concurrency requirements (Exhibit 18). Mitigation Measures: No further mitigation required Nexus: N/A S. Fire & Police Impacts: Police and Fire Prevention staff indicated that sufficient resources exist to furnish services to the proposed development subject to the construction of code-required improvements and the payment of code-required impact fees. Mitigation Measures: No further mitigation required. Nexus: N/A ERe Report 14·000190 (3) City of Renton Department of Community & Jomie Development PANTHER LAKE PRELIMINARY PLA T Report of June 23, 2014 E. Comments of Reviewing Departments t-nvironmentaJ Review Committee Report WA14-000190, ECF, PP, LLA, MOD Page 12 of 12 The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been incorporated into the text ofthis report and/or listed under Exhibit 21 "Advisory Notes to Applicant." ./ Copies of all Review Comments are contained in the Official File and may be attached to this report. The Environmental Determination decision will become final if the decision is not appealed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057, on or before 5:00 p.m. on April 18, 2014. RMC 4-8-110 governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall-7'h Floor, (425) 430-6510. ERe Report 14-000190 (3) ... """""'....-.""-...:""""'..,.,',",""'~ ...... \,--.,-.,.....~" .. "'" '",. ~ ....... 0, .... _ 0 ! , • 0 g o 0 r " m ! , ~ ~. • • q . '. ~~~~ !;~~., ~§a~ i'i' ,0" .!;g~g ~~~i ,,~~) ~:~ ~~~~ ~~~~ ~~~~ PANTHER LAKE P~fLlt.lINARY PLAT PLAN 'K \\~",,",~_, ·""c .... \".\, ___ .... o\~,,_ '.""-"~,,,. ,,.,.. "' .... 0,. 0.., ..... 0 Q, , . ~ . ~ ~ , , EXHIBIT 3 ~ , m " '" ~ ~ ... ::l o , ro m ~ is • • , '~''' ... '_'''''''''''''''''\_,"'''''_''''f'_\'''''''''''' ""o.."""''' ""'... ,""""",,., .... ., ------y- ;:;~~ ~i ~6~rq~~ ~~~ ~w~~~~~ ~~~ I, M>i~ ~-,. '" " , ~~iiI.,,~.., i <II ~~ ~ ~~ ,~! iI' 14I;i!,oI"::~rJ2 ~.:~,.-.. ~.~ 6 ~~ :~i j ;C:/!'~~i ~:;!~> .;<;> V"I i ~"''''':; ~-~I~~'" :r 'I 1 t~-3~;;: ~ • " ., :JI~ ,. ~1,1 :, ! , 108T~ -AVE S£ (SR-016) (~"N"P'" '1\'TrII1.') ~~ ! § ! 0 0 0<> ... J) ,. m 0 0' , I , "' ~ : ., ~ 'II~ , ~ ~ \: , r ,. 1 , "' > Q' [) , ~ ~ i , m l ,,~ c Z e • , ~ , c ~ ~ a " , , , ~ • , ! " : ~ , , EXHIBIT 4 I .... _".".- \I/.~t.IIYmN ~.:Ir.~'~ I ~"'':::;:.....,--,I-''':::C=:::'-L_._'''''-e::lJ_l_-'-'-_C...LWLl<j~ ""- f~ " !! \ I , \ \ \ " I A PORTION OF THE SE 1/4 OF SECTION 32, TOWNSHIP 23M., RANGE :5E. KING COUNTY. WASHINGTON " .I', .1 II n SCALE: 1· = 4C· CQNTOU"l W""'EAli""-~ ~ EARTHWORK Qt 5'r.f'rH~ v.sS!M:Z 12") '"' .,-'- p,~ Cf ~~-,[C-Ij~ (1<0- ~r-FILL !'lEI.' lI>£) NOTE: ~LL >l"Vm"~5 O~ S1E II: M Ii I/) I. I' I-~2 1-1 ~ a:I 1-1 ::J: >< w , :.:: 3 ~" I ...J ~ en LU" "I I i z 1---oz· od 0.. I • t "' .. ,,,,",, PP-04 4 0-1(1 • ."." ''''''.''''''~\_~\''''''''''J\,''''''''''J''<U\'''-..o.ooo "',"",mt .. '.""... ..... ... "'.0-'_ -------.;--- CONNLF PANTHER LAKE PREUt.4INARY ROAD ok UTILITY PLAN 10llTH AVE se (~-"""'" "", ...... ) • EXHIBIT 6 ~ Z " m • J'1 ~ Z Q n o c -~ ~ ~ I ~ 2 ~ , LA ;, V tiQTJ:~~~~~ Gw:,r: ,oR,", , " " , \ \ , , , -R'J'lEO. ;0...1 "", [[W":O ~R;.<t£n ~HD nrr ... n:!: A PORTION OF THE SE 1/-4 OF SECTION 32, TOWNSHIP .231>1., RANGE 5E, KING COUNTY. WASHINGTON P~o"CSI .... u-~. ~ .. ~ :TYP.! \ TRillCT ..\-, :I..ANJ:9CN'E: ··r .. J!,'I,I, .' ' I , i ), : , , I " ~ I", ,-, ~3 W, ", Iii ~ I , z- " ~ i i '! Ii •• ,i , ,nr"-' ! j i ! ." ." n SCALE: l' _ ~ " COi'HOLR I ~TERV"' __ 2' .~ .~ 4-1-::: i ___ _ .~ ,.'" LEGEND USfM <;-0,"" EP.~N= n~fMG SAW ......... 5[,.[R nsrM .. ,..'1' "'.,~ _____ P"",F'C:s£O • !'. SlO'M EP.~"~::E P~f'"::>;[D e.5~ U'l: TRACTe STORM DRAINAGE FACIULTY t[1£....,O~ ___ v_ 03,MGa EEll....,O~ """"[I,~ ~1.~ cr NOTE;; ~ __ ~_R..I:':'~=,c,C"C;=r.c~::--:,o,~"c~=,,:--- '""' .... p" -~:, r... l- I-! I:Il I-! ::c ~ POND CROss. SECT ON 8· i I ~-" __ "0"'- ,'.,~ ,""- ! , -, -4<Q ". 4-OI.l ,------. :~Sl'll:; C~V'ol:-_~ __ /--- , ~ , ~£·Mii· -1/' -~~~//i / ~ "" (p~'pcaO! I , '. !l U ;1"----, =~~~~~ i GII'C[ () m HZ '+lIO ,~, ", 1-\ --..---POND CRQ§§_SECTION A--A SC~LE. ;.:!: ,:;';' ." I . , : I.i • I, " 5J i ~ LlJ I/) ~5 UJ «0 :i! ..J" 0 o:~ I It LlJg L.i.I I w ~ f-~ o Z ~ o « c D.. ! , • ", \"'"' .. -~, ~,,~---~ ~ ~ ~ ::i--" ".~'~~' PP-OS 6 ,,10 "'c. ,.., ,Ic __ ""--"""''''''"''"'' '\H.""''''~''''''''''' ,.........~',"." ,""., ""' ...... ,.,,'- l .. ! .!. .! ~ 1 j j 11 , ;; >: , , , , , , J I Ii .1 IS! I ~ ~ . "" : !ii , i ii j ·1 , !, , II 6 '''~ I I' m ~~ j ': i " r·C" ~I .".,~ , i I, , , i~ !l I \ , ! ; I +'1+--'-' _I ~ , OtHH AVE S5 ( ... N",.. ... 4~"kl ... ) , , , " I ! I ~ I • ~ , , , , , EXHIBIT 8 PANTHER LAKE pREUlJlNARY LANDSCAPE p'UlANIN____"",,=-l"::':,.,·,':::.:::":":.-'..' -'=""="=-~~:.........."" -"'··".::. ... -... -J'l[l __ JJ~lUili1l'l September 23, 2013 ES-2995 The Conner Homes Group, LLC 846 -10a1h Avenue Northeast Bellevue, Washington 98004 Attention: Ms. Jieun Shon Dear Ms. Shon: Earth Solutiolls NW LLC • \ ;~\ Ij(" -I-j1')I'-d.1 f I '~;!Wen!h II (, (a»ln,IC!,l(ln M'.ln:tnn,fi', • f:nVII['llnl('!i!.d -"Ii f"'I\<"'''' Earth Solutions NW, LLC (ESNW) is pleased to present this report titled "Geotechnical Engineering Study, Proposed Panther Lake Residential Subdivision, Renton, Washington". This study has been prepared to address the feasibility of the proposed development from a geotechnical standpoint. The proposed 33 residential lot development is bordered to the west by an off-site steep slope. Based on the conditions observed during our fieldwork, the subject site is underlain primarily by native soils consisting of medium dense to very dense glacial till. Groundwater seepage was observed in one lest pit at a depth of approximately five feet below existing grade. Based on the results of our study, the proposed development is feasible from a geotechnical standpoint. The residential buildings and associated structures can be supported on a conventional foundation system bearing on competent native soil or structural fill. Where loose Of unsuitable soil conditions are exposed at foundation subgrade elevations, compaction of the soils to the specifications of structural fill, or overexcavation and replacement with structural fill, may be necessary. This report provides recommendations for critical areas assessment, foundation design, structural fill recommendations, and other geotechnical recommendations. The opportunity to be of service to you is appreciated. If you have any questions regarding the content of this geotechnical engineering study, please call. Sincerely, EARTH SOLUTIONS NW, LLC \At ( (j\J Henry T. Wright, E.I.T. Staff Engineer Entire Document Available Upon Request EXHIBIT 9 Sewall Wetland Consulting. Inc. May 15,2014 Rocale Timmons City of Renton FDBoxSOO Fall Oty, WA 'ID24 Planning and Development Department 1055 South Grady Way Renton, WA 98057 Fhonc: 253-859-D515 RE: Addendum to Critical Area Report & Supplemental Stream Study Panther Lake Preliminary Plat City File # PRE13-000413 Dear Rocale, This letter serves as an addendum to the Critical Area Report & Supplemental Stream Study that was prepared and submitted to the City of Renton for the Panther Lake Preliminary Plat. We understand that the City has required the project to be redesigned prior to accepting the application for processing, which has resulted in a few minor changes to the materials provided by Sewall Wetland Consulting. The overall result is that the revised layout reduces the impacts to the on-site wetlands. In particular, the site has been redesigned to avoid impacts to Wetlands Band C. The previous plan proposed to fill both of those wetlands and my previous report included mitigation for those impacts. However, with the avoidance of those wetlands no mitigation is proposed and the wetlands will remain on-site. The project continues to propose no impacts to Wetlands A & D or Stream A. The project is still proposing to fill Wetland E in the northwest comer of the property to allow for the extension of utilities and the construction of lots 9 and 10. The original mitigation plan prepared for this project anticipated this impact and mitigation will continue to be provided in the form of enhancement/ restoration in the area of Wetland A. With the revised plans, the overall impacts to wetlands on the site have been reduced. Based on these changes, the proposed mitigation plan will be reduced commensurate with the reduced impacts and the mitigation EXHIBIT 10 ,~,lTIner Panther Lake1ll13-204 Sewall Wetland Consulting, Inc. May 15, 2014 Page 2 plan will be revised with the first round of comments provided by the City. We anticipate submitting an updated plan for review and approval. If you have any questions in regards to this report or need additional information, please feel free to contact me at (253) 859-0515 or at esewall@sewallwc.com . Sincerely, Sewall Wetland Consulting, Inc. Ed Sewall Senior Wetlands Ecologist PWS #212 January 28,2014 Rob Risinger Conner Homes 846 108th Ave NE Bellevue, W A 98004 Sewall Wetland Consulting. Inc. 27641 Covington WaySE#2 fhone:2.53-859-ffi15 Covington WA S6}I2 Fax 2.'i).8524732 RE: Critical Area Report & Supplemental Stream Study Panther Lake Plat City of Renton, Washington SWC Job # 13-204 Dear Rob, This report describes our observations of jurisdictional wetlands, streams and buffers on or within 200' of the proposed Panther Lake Plat (Parcels #3223059148,#273,#344,#123,#088,#080,#6623400054}~cakdon the west side of 108th Avenue SE in in the City of Renton, Washington (the "site"). The site is an irregularly shaped 9.73 acre property containing five single family homes, as well as scattered outbuildings gravel driveways as well as large areas of lawn and ornamental landscaping. The site is located within the SE ',4 of Section 32, Township 23 North, Range 8 East of the W.M. METHODOLOGY Ed Sewall of Sewall Wetland Consulting, Inc. inspected the site on December 3,2013 and January 8,2014. The site was reviewed using methodology described in the Washington State Wetlands Identification Manual (WADOE, March 1997). This is the methodology currently recognized by City of Renton and the State of Washington for wetland determinations and delineations. The site was also inspected using the methodology described in the Corps of Enqineers Wetlands Delineation Manual (Environm, Western Mountains, Valleys and Coast Entire Document fated June 24, 2010, as required by the ;oil colors were Available Upon Request EXHIBIT 11 PANTHER LAKE Preliminary Technicallnformalion Report January 29. 2014 Prepared for Conner Homes 846-108th Avenue NE. Suite 200 Bellevue. WA 98004 Entire Document Available Upon Request EXHIBIT 12 Submitted by ESM Consulting Engineers. LLC 33400 81h Avenue S. Suite 205 Federal Way. WA 98003 253.838.6113 tel 253.838.7104 fax www.esmcivil.com J T E . Jake Traffic Engineering. Inc. . .'.C~'" =.;1k~)i. CONNER HOMES Attn: Rob Risinger, Development Project Manager 846 108th Ave NE Bellevue, WA 98004 Re: Panther Lake Plat -Renton Renton Pre-application #13-000413, Hark J. Jacobs, 11£, PTOE President 1614 39" Ave. SW -Seattle, WA 98116 -1SO) Jel. 206.762.1916 • Cell106.m.s69l E-mail jaketraflk@wmmtnet January 22, 2014 Trip Generation, Access Review and TIF Traffic letter Dear Mr. Risinger, I am pleased to present this Trip Generation, Access and TIF Traffic letter for the 34 lot (32 net new) Panther Lake Plat located at 18655 108"' Ave. SE, in Renton. Primary access to the site is proposed via a new street intersection with 108" Ave. SE (SR -515) at the SE 187" Lane alignment. The City of Renton required a second access be provided to the site. This second access is also located on 108th Ave. SE about 260' south of the primary access. I conducted a field review the site and surrounding street system. The study scope was determined pursuant to prior work in the City of Renton on a similar project, review of the City's TIA Guidelines for new developments and the Pre-application Meeting Notes, April 25, 2013 notes. The City peak hour trip threshold is 20 trips. The general format of this report is to describe the proposed project, calculate the traffic that would be generated by the project, review the site accesses and ascertain the Traffic Impact Fee for the project PROJECT INFORMATION Below is an aerial image of the site obtained from King County IMap: Figure 1 is a vicinity map showing the location of the proposed site and surrounding street network. Figure 2 shows a preliminary site plan prepared by ESM Consulting Engineers, lLC. The site plan consists of the 34 lot (32 net new) Panther Lake Plat development and internal ,tion. Access to the site is Entire Document Available Upon Request ,ed vi a anew street ~ction with 108'" Avenue east. EXHIBIT 13 From: Sent: To: Subject: Attachments: Clark, Karen Walter <KWalter@muckleshoot.nsn.us> Monday, June 09,20142:03 PM Clark Close RE: Panther Lake Preliminary Plat, LUA14-000190, Notice of Application and Proposed Determination of Non-Significance, Mitigated Landscape Ecotoxicology of Coho Salmon Spawner Mortality in Urban watersheds.pdf; copper toxicitLvisibility vulnerability juv coho salmon predation by cutthroat trout_Mcintyre et al 2012.pdf Thank you again for getting us all of the requested information. We have reviewed it and offer the following comments: As far as the proposed stormwater plan is concerned, the project proposes to treat stormwater using "basic treatment" methods (page 4-2, Preliminary Technical Information Report. Instead, we recommend that the project be required to treat stormwater using enhanced treatment methods to minimize the amount of oilIPAHs, and metals prior to any stormwater discharges that will go to Panther Creek, a known fish-bearing stream in the Springbrook Creek subbasin. Oils and metals are particularly toxic to salmon so every effort should be made to reduce them at the source (see attached papers). We appreciate the opportunity to comment and look forward to the City's responses. Best regards, Karen Waiter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 253-876-3116 EXHIBIT 14 From; Sent; To; Subject; McGraner, Patrick (ECY) <patrick.mcgraner@ecy.wa.gov> Tuesday, May 27,20142:51 PM Clark Close 201402609 Renton -SEPA (DNSM) Notice of Application -Panther Lake Preliminary Plat Dear Clark Close, After reviewing the application materials associated with the current SEPA notice, it has come to my attention that the applicant is proposing to fill three small wetlands for totaling approximately 2,468 s.t. I would ask that the City of Renton condition approval of any site work with the following stipulation: The applicant shall obtain all necessary state and federal authorizations for wetland impacts prior to beginning any ground disturbing activities (or timber harvest if applicable). Thank you, Patrick McGraner Wetlands Specialist Department of Ecology/NWRO 3190 160th Ave SE Bellevue, WA 98008 425-649-4447 patrick.mcgraner@ecy.wa.gov EXHIBIT 15 TO: FROM: CITY OF RENTON EVAN MANN MEMORANDUM SUBJECT: JOB NO: PANTHER LAKE CONSTRUCTION MITIGATION DESCRIPTION 258-044-013 DATE: 0112712014 The Panther Lake Plat is located in the City of Renton and proposes subdividing 7 parcels into 34 lots with access off of 108th Ave SE located near the intersection of 108th Ave SE and SE 187'h Lane. Stormwater will be detained by a proposed storm water detention pond located in the southwest comer of the site. Water quality will be provided by 2 storm filter systems. Two existing dwellings and associated outbuildings will be demolished on site. The project is approximately scheduled to begin construction in May, 2014 and end in December, 2015. Construction hours of operation will follow the City of Renton Municipal Code Section 4-4-030.C.3.b. This limits construction activities to between 7:00am and 8:00pm Monday through Friday, and 9:00am to 8:00pm on Saturdays. No work is permitted on Sundays. No special hours are proposed for construction or hauling for this project Generally, the construction traffic will head north on 10Sth Ave SE until reaching SE Petrovitsky Road, where traffic will head west and connect with Highway 167 in approximately one mile. Construction routes will vary depending on where the workers are coming from and where they are going. During clearing and grading, more specific haul routes will be established. Best Management Practices from the Washington State Department of Ecology Manual will be used to control dust traffic and transportation impacts, erosion, mud, noise and other noxious characteristics. BMP's that will be used on site include, but are not limited to: BMP C105: Stabilized Construction Entrance BMP C120: Temporary and Permanent Seeding BMP C123: Plastic Covering BMP C140: Dust Control BMP C151: Concrete Handling BMP C200: Interceptor Dike and Swale BMP C220: Storm Drain Inlet Protection BMP C240: Sediment Trap During clearing, all trees to be retained will be fenced and signed per RMC 4-4-130I.S.b. 1 OSth Ave SE is classified as a 5--Lane Principal Arterial and the proposed loop road through the project is a Limited Residential Access Road. Stop signs are proposed for traffic on the roadways entering 10S'h Ave SE. Additionally, there is a proposed street light on site at the intersection of Road A&B and Road C to satisfy stopping sight distance at night Civil Engineering. Land Surveyir ~nning • Landscape Architecture Phor EXHIBIT 16 '104 ~ ® @ @ ® @~ :E > " . . . ~ ICfICfI~IC(I~1 m z -< -< ~ ~ n z " " m , , , ~ " ~ ~ ! ~ j ~ S; z ~ ! -< Z '" ~ , ~ ~ S; I , ~ z ~ ~ , , , ! ~ ~ ~ ? ~ ~ £ ! 1 1 , , , , , , t ! ~ ! ~ I ! 1 I ~ ~ ~ ~ ! ! , ~ , , , , , , , , , , , ! 1 , , I ! ! i I z 0 " " 5 <= ~ ~ m 0 n 0 z -< '" !2 ~ I 0 ~ '" ;;: :;; ~ ,. , , ;;i , ! '" ~ i 0 <= , ~ i ! ~ , , , '" , , m ! ~ ~ -< 0 , ~ '" ( ~ , 0 i , z ! ~ I ~ ! , , , , ~ i , i , , , ~ , EXHIBIT 17 N , WETLAND MITIGATION PLAN: CONNOR-PANTHER LAKE ~ 4 Sewall Wetland Consulting. Inc. DATE: TO: FROM: COMMUNITY & ECONOMIC DEVELOPMENT June 3, 2014 MEMORANDUM Vanessa Dolbee, Current Planning Manager Steve Lee, Development Engineering Manager SUBJECT: Traffic Concurrency Test for the Panther Lake Plat The proposed Panther Lake Plat consists of 34 lots (32 net new) single family homes, with a calculated daily trip generation of an additional 305 trips. The project passes the City of Renton Traffic Concurrency Test per RMC 4-6-070.D as follows. Traffic Concurrency Test Criteria Pass? Implementation of citywide Transportation Plan? Yes Within allowed growth levels? Yes Project subject to transportation mitigation or impact fees? Yes Site specific street improvements to be completed by project? Yes Traffic Concurrency Test Passes Evaluation of Test Criteria Implementation of citywide Transportation Plan ?: As shown on the attached citywide traffic concurrency summary, the city's investment in completion of the forecast traffic improvements are at 130% ofthe scheduled expenditure through 2013. Within allowed growth levels?: As shown on the attached citywide traffic concurrency summary, the calculated citywide trip capacity for concurrency with the city adopted model for 2014 is 96,998 trips, which provides sufficient capacity to accommodate the 305 additional trips from this project. Project subject to transportation mitigation or impact fees?: The project will be subject to transportation impact fees at time of building permit. Site specific street improvements to be completed by project?: The project will be required to complete all internal and frontage street improvements for the plat prior to recording. Any additional off-site improvements identified through SEPA or land use approval will also be completed prior to recording of the plat. Background Information on Traffic Concurrency Test for Renton The City of Renton Traffic Concurrency requirements for proposed development projects are covered under Renton Municipal Code (RMC) 4-6-070. The specific concurrency test requirement is covered in RMC 4-6-070.D, which is listed for reference: EXHIBIT 18 Transportation Concurrency Test -Itman Court PUD May 16, 2014 D. CONCURRENCY REVIEW PROCESS: 1. Test Required: A concurrency lest shall be conducted by the Department for each nonexempt development activity The concurrency test shall determine consistency with the adopted Citywide Level of Service Index and Concurrency Management System established in the Transportation Element of the Renton Comprehensive Plan, according to rules and procedures established by the Department. The Department shall issue an initial concurrency test result describing the outcome of the concurrency test. 2. Written Finding Required: Prior to approval of any nonexempt development activity permit application, a written finding of concurrency shall be made by the City as part of the development permit approval. The finding of concurrency shall be made by the decision maker with the authority to approve the accompanying development permits required for a development activity. A written finding of concurrency shall apply only to the specific land uses, densities, intensities, and development project described in the application and development permit. 3. Failure of Test: If no reconsideration is requested, or if upon reconsideration a project fails the concurrency test, the project application shall be denied by the decision maker with the authority to approve the accompanying development activity permit application. The Concurrency Management System established in the Transportation Element on page XI-65 of the Comprehensive Plan states the following: Bosed upon the test of the citywide Transportatian Plan, cansideration of growth levels included in the LOS-tested Transportation Plan, payment of a Transportation Mitigation Fee, and an application of site specific mitigation, development will have met City of Renton cancurrency requirements. 2 AMENDMENT TO AGREEMENT TO GR1NT STORMW ATER DRAINAGE EASEMENT In consideration of the mutual promises and covenants set forth below, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Agreement to Grant Stom1watcr Drainage Easement. dated January 17, 2014, by and between Larry B. DeCamp and Barbara 1. DeCamp, husband and wife, and the marital community composed thereof ("DeCamp"j, and CliO SF. LLC a Washingt()Il limited liabi!ity company, and its heirs. successors and assigns ("CHG")~ 11treindfteL lhe ··Easenu:nl Agret!rnent") is herehy amended as folluws:, AJ\lENDMENT 2. Payment to Grantor. In consideration for the Easement and alief n1utual execution of this AgreCHtent~ enG shaH pay DCC?J11P the a. (,HG shall deposit $20.000 into an escrow account esmblished, at CHO's expense, with Chicago Titie, 15215 SE nno St, Ste. WJ, Kent. WA b The fui! amOlm t of $21J,01J0 shall t>~ paid in cash hom berow to DeCamp on Juiy ! 5, 2014, or upon the Hearing Examiner's i~suanc(' of pre! trnindfY approv;l! (rj' the CHG Project subject to conditions ,,1' appro\'l11 acceptable to CBU. in its sok discretion. which is earlier. urig!lla! deposited lind held in s"id escrow. Upon payment or saId :b20.000 to DeCHmp, escrow shall rec{'l'd 'h", EAsement Ilnless otherwise directed by CHG. d. If necessary, the parties shall execute escrow instructions to escrow consistent with this amendment and the Easement Agreement. 2. Section 5 of the Easement is amended as follows: 5. Contingent Effect. In the event that the City of Renton fai Is to issue preliminary approval for the CHG Project, subject to conditions acceptable to CHG, in its sole discretion, or CHG elects noi to pu Agreement and the 304-/ Amel7dment to DeComp - ( EXHIBIT 19 Easement shall be deed void, non-binding, and of no fOTce and effect. Provided, that CHG may unilaterally determine, in its sole discretion, that this Agreement and the Easement shall remain effective notwithstanding the lack of said approval, provided CHG complies \\1th the tenns of this Agreement. This detennination must be made by July J5, 2014, or this section shall be deemed w8ived by CHG, 3, Counterparts. This amendment may be executed in counterparts, each Df which shall be deemed an origiml and all of which together shall C(llisrituk the same agrtttllelil, ",h,,(her or HOI all parties execwe each COlll1terpart. Signatures transmitted by tacsimile . Agreed to by: !r-?~-/'I Larry B. DeCamp Date Cl!G SF, LLC, By: Date 2 304-1 Amendmel1l10 DeCamp -(,HG Easemenl Agreement 05.30. U. Aao '''"AnA;~; ~.j~.:, .,! '_ "" .~" d ,_; ,_~_ . Connor Homes Job No. 258-044-013 November 14, 2013 STORM DRAINAGE -DECAMP EXHIBIT "A" LEGAL DESCRIPllON FOR STORM DRAINAGE EASEMENT A portion 01 the southwest quarter 01 Section 32, Township 23 North, Range 5 Eas~ W.M., more particula~y described as follows: The eastel1y 95 feet of the southerly 25 feet of the following described property: That portion of Tract 7 01 Panther Lake Garden Tracts, according to the plat thereof recorded in Volume 9 of Plats, Page 25, in King County, Washington, tying north of a straight line bisecting the easterly and westerly lines of said Tract 8 and produced easterty across said Tract 7; Together with the easterly half of vacated 40 feet of 1061h Avenue SE per Superior Court Cause of Action #96-2-16463-1, Seattle; Contains 2,375 square fee~ more or less. Written by: Z.T.L IIEsm8IEngrlEsm.Jobsl258I0441013IDocumenIlLegal.o01.Doc EXHIBIT B TO ACCOMPANY LEGAL DESCRIPTION FOR STORM DRAINAGE EASEMENT A PORTION OF THE SW 1/4 OF SECTION 32. T. 2.3 N.. R. 5 E .. W.M .. KING COUNTY. WASHINGTON ..... ---....... -------t-~------- n SCALE: 1"=80' (v-J(,t.Q l,'i:A[ :.y,"" .'f'\. '$', f"; ,(? :;"1 \ \ESM8\ENGR\ESM-JOeS\2Sa\044\O,3\EXHIIlJTS\SR-01.DWG CONSULTING ENGINEERS 33400 8TH AVENUE S. Suite 205 Federal Way, WA 98003 www.esmcivil.com PM. ~hER ~AI'E "A10i:"l -RAe'S V'4 So, r.C :~, C'C.t..>.lP, LA;:;" { 5 61. QARElAPA : PARG_ "~'. 6~234C00~2 c.'!<::; "iAR" i"'.!',.ro-... Wb,-:'(f< l!~,f':,:,[ " SjRE,I,1,4 I ";1 ~I ~i STORW DRAINAGE J L LC E ... stME~T j os· ;>A'.rMI;!! LA~E 0 .. ,,[:(1\ TTo,CT'S yO'. '1. PC; ;:~ 10.1'." CC .... t-'r PARCEL '.:0 €.f:.:34~),::-'~~ ~ " ; f'JoNl .. ,,, ~ "'~ ~ ;~"'_<I::ft; TJ<A.( T";-.J_ -:.. to'; :~ ;>"S'-, !.i' F,!,?; ,1"':-;:"'_ ~ S u .. [, 'I 1)'.2, ~uT 6 JOB NO. DRAWlNG DATE : 897-014-012 NAME: SR-01 2013-11-14 ZTL eM! En.!iIineariog Public Wotk. L.oru:! Survey''''.: PfCjoct ~cr>(lge'T\e .. t lo"d ;>,onni!lQ L.:md.o:::cptli Ar-';'l'te~:LI'''' DRAWN SHEET 1 OF 1 -J!!j ;, W • " ' ~ , ! !I' I " i f , . 0 6 ' ~ til ! -, . • s'~ V /y'- I /; I I , ' , ' , , , i' t:I '. \!:' ................ , .. ': , ' CONNE PANTH "" '" ""'" PREIJl.lltw EXHIBIT 20 ,,~: ...... -; :~ I PLAN REVIEW COMMENTS ( PLAN ADDRESS: DESCRIPTION: Engineering Review June 20, 2014 18655 108TH SE AVE RENTON, WA 98055-6432 APPLICATION DATE: 02/13/2014 The applicant is requesting SEPA Environmental Review, Preliminary Plat approval, a Critical Area Exemption, a Lot Line Adjustment, and a street modification for a 34-101 subdivision. The 7.92-acre site is located within the Residential-8 dwelling units per acre (R-B) zoning classification. The subject property is a collection of seven parcels located on the west side of 108th Ave SE just north of SE 192nd St. The 34 lots would result in a density of 5.89 dwelling units per acre. Lot sizes would range from 4,500 square feet to 9,900 square feet with an average lot size of 5,233. In addition to the 34 lots 5 tracts are proposed for sensitive areas, storm drainage, and recreational areas. Access to the site would be gained from 108th Ave SE. A new dead end public street (Road A and B) extended from lOath Ave SE would serve proposed Lots 1-7, 11-17, 18, 22, 23, and 27-34. Shared driveways extended from the new public roads to serve Lots 6-10, 19-21, and 24-26. The site currently contains four single family residences and several detached structures. Two of the four single family structures are proposed for demolition. Additionally, as part of the proposed Lot Une Adjustment the applicant intends on limiting the subdivision boundary to remove portions of Parcels E (662340-0053) and G (662340-0050) from the plat. The two existing homes, located on Parcels E and G, are proposed to remain following the recording of the Lot Line Adjustment. There are 190 significant trees on the site and the applicant is proposing to retain 24 trees. A stonnwater pond is proposed within Tract C which would discharge into Panther Creek. The applicant has submitted a Wetland Report, Stream Report, Drainage Report, Traffic Impact Analysis, and a Geotechnical Engineering study with the application. The site contains five Category 3 wetlands (Wetlands A-E), a Class 4 stream, and there is a Class 2 stream (Panther Creek) located off site with a buffer extending onto the subject site. The applicant is proposing to fill one of the Category 3 wetlands and is proposing mitigation to compensate for any value lost. Finally, the applicant is requesting a street modification, from RMC 4-6-060, in order to eliminate the requirement for frontage improvements along 108th Ave SE. Jan lUian Ph: 425-430-7216 email: jillian@rentonwa.gov Recommendations; I have reviewed the application for Panther Lake Preliminary Plat generally located at 18655 -108th Ave SE and have the following comments: EXISTING CONDITIONS WATER Water service will be provided by Soes Creek Water and Sewer District. SEWER Sewer selVice will be provided by Soos Creek Water and Sewer District. STORM There is limited storm conveyance in 108th Ave SE. STREETS There is sidewalk curb and gutter fronting the site. CODE REQUIREMENTS WATER 1. Water service will be provided by Soos Creek Water and Sewer District. A water availability certificate has been provided with the site plan application. 2. New hydrants shall be installed per Renton's fire department standards to provide the required coverage of all lots. 3. All plats shall provide separate water service stubs to each building lot prior to recording of the plat. SANITARY SEWER 1. Sewer service will be provided by Soos Creek Water and Sewer District. A sewer availability certificate has been provided with the site plan application. 2. All plats shall provide separate side sewer stubs to each building lot prior to recording of the plat. SURFACE WATER 1. A drainage plan and drainage report dated January 29,2014 was submitted by ESM Engineering. The proposed 34 lot subdiviSion, zoned R-8, is subject to full drainage in accordance with the 2009 King County Surface Water Manual and City of Renton Amendments to the KCSWM, Chapters 1 and 2. All core and six special requirements have been discussed in the report. The 7.85 acre site is located within the Panther Creek Sub basin. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Condition and requires a flow control facility sized to match the flow duration of a forested condition. Since the site discharges to an erosive downstream discharge location that is classified as a Type 2 Drainage Problem (per City of Renton 2009 Surface Water Design Manual Amendment to the 2009 King County SWDM, page 1-31, Table 1.2.3.A), the project will be subject to the Flood Problem Flow Control Area (also referred as a Level 3 flow contrOl). The applicant's engineer has designed a detention pond to be located along the southwest comer of the site and will discharge west. The project proposes to mid slope discharge without a dissipater structure onto an erosive steep slope. The project will need to discharge with an energy dissipater located at the Ordinary High Water line of Panther Creek. Work within the Creek requires a Washington Stale Hydraulic Permit. 2. A portion of runoff from a bypassed area is proposed to be discharged without any flow control. This discharge is located at the top of a steep slope. The proposed discharge will be required to be treated and discharge to the Ordinary High Water line of the creek. An energy dissipater will be required to be installed. 3. All work proposed outside of the applicant's property will require a permanent drainage easement to be provided to the City and a temporary construction easement prior to any permits being issued. 4. Basic water quality will be provided using a StormFilter system. Appropriate individual lot flow control BMPs will be required to help mitigate the new runoff created by this development. 5. A geotechnical report, dated ~ glacial till. These soils will not su 6. Surface water system develo~ EXHIBIT 21 The report identifies the soils as ) issuance of the construction Page 1 of 4 Technical Services permit. 7. A Construction Storm General Permit from Department of Ecology will be reqUi Plan (SWPPP) is required ,or this site. TRANSPORTATION/STREET Stormwater Pollution Prevention 1.The current transportation impact fee rate is $1,430.72 per new single family home. The transportation impact fee that is current at the time of building permit application will be levied. Payment of the transportation impact fee is due at the time of issuance afthe building permit. Credit will be given to the two existing homes to be demolished. 2.A traffic analysis dated January 22, 2014, was provided by Jake Traffic Engineering. The proposed 34 lot subdivision would generate 305 daily vehide trips. Weekday peak hour AM trips would generate 24 vehicle trips, with 18 vehicles leaving and 6 vehicles entering the site. Weekday peak hour PM trips would generate 32 vehicle trips, with 20 vehides entering and 12 vehicles eXisting the site. Increased traffic created by the development will be mitigated by payment of transportation impact fees. Review of sight access visibility using AASHTO criteria was completed. Engineer recommends that the existing power pole, vegetation and mailbox at the northeast property line be relocated to provide clear site distance at the driveway entrance to the plat. 3.To meet the City's complete street standards, the new intemal roadway shall be designed to meet the residential access roadway per City code 4-6-060. The new intemal roadway shall be a 53-foot right of way, with 26 feet of pavement, curb, gutter, an 8-foot planter strip, a 5-foot sidewalk and street lighting installed along both sides of the street. One side of the road will be marked No Parking. 4.Existing right-of-way width in Benson Road fronting the site is 82 feel. Benson Road (SR 515) is classified as Principal Arterial. To meet the City's complete street standards, street improvements induding an 8-foot planting strip behind the existing curb, a 12-foot sidewalk (shared bike/pedestrian), a 2-foot strip back of sidewalk, storm drainage and street lighting will be required. To build this street section, approximately 12.5 feet of right-of-way will be required to be dedicated to the City along the project side in Benson. 5. EXisting curb cut proposed to be widened in SR 515 will require review by WSDOT. 6.Applicant may submit an application to the City requesting a modification of the street frontage improvements as outlined in City code 4-9-250C5d which. 7.LED street lighting meeting arterial lighting levels will be required per City of Renton Standards. 8.Paving and trench restoration will comply with the City's Trench Restoration and Overlay Requirements. GENERAL COMMENTS 1.Separate permits and fees for storm connection will be required. 2.AII construction utility permits for drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. A licensed Civil Engineer shall prepare the civil plans. 3.Rockeries or retaining walls greater than 4 feet in height will be require a separate building permit. Structural calculations and plans shall be submitted for review by a licensed engineer. Special Inspection is required. 4.A tree removal and tree retention/protection plan and a separate landscape plan shall be included with the civil plan submittal. 5.Water, sewer and storm stubs are required to be provided to each lot prior to recording afthe plat Lot Line Adjustment: No comment Bob MacOnie Ph: 425430-7369 email: bmaconie@rentonwa.gov Technical Services Comments Created On: 06105/2014 Lot Line Adjustment: June 20, 2014 Note the City of Renton land use action number and land record number, LUA 14-000190 and LND-30-0383, respectively, on the final submittal. The type size used for the land record number should be smaller than that used for the land use action number. Note discrepancies between bearings and distances of record and those measured or calculated, if any. The lot addresses will be provided by the city as soon as possible. Note said addresses and the street name on the drawing. Do note encroachments, if any. Add a note to the effect that the easement under Rec. No. 20120809000865 originally across underlying Parcel G for access and utilities to the benefit of underlying Parcel G will remain across Lot B for the benefit of Lot A of this lot line adjustment until such time as other access is provided. Bob Mac Onie 6/4/2014 Recommendations: Plat The final plat document must be prepared under the direction of and stamped by a licensed ~Professional Land Surveyor.ft Note the City of Renton land use action number and land record number, LUA14-000190 and LND-10-0513, respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Please note that the land use action number provided will change when this subdivision changes from preliminary to final plat status. Show two ties to the City of Renton Survey Control Network. The geometry will be checked by the city when the ties have been provided. The ties in this case can be made by explicit reference to the underlying Lol Line Adjustment. Include a statement of equipment and procedures used, perWAC32-130-100. Page 2 of 4 Reviewer Comments Note the date the existin nonuments were visited and what was found, per WAC ,0-150. Provide lot closure calculations. Indicate whal has been, or is to be, set at the comers of the proposed lois. Note discrepancies b€tween bearings and distances of record and those measured or calculated, if any. The lot addresses will be provided at final plat submittal. Note said addresses and the street name on the plat drawing. On the final plat submittal, remove all references pertaining to utilities facilities, trees, concrete, gravel, decks and other items nol direclly impacting the subdivision. These items are provided only for preliminary plat approval. Do note encroachments, if any. Remove from the ~LEGEND' block all tree items. utilities facilities and mailbox references, but do include in said "LEGEND" block the symbols and their details that are used in the plat drawing. Do not include a utility provider's block, an owner's blOCk, an engineer/surveyor block and an architect block. Do not include any references to use, density or zoning on the final submittal If the abutting properties are platted, note the lot numbers and plat name on the drawing otherwise note them as 'Unplatted'. Remove the building setback lines from the proposed lots. Setbacks will be determined at the time that building permits are issued. Note the research resources on the plat submittal. Note all easements, covenants and agreements of record on the plat drawing. The City of Renton "APPROVALSM blocks for the City of Renton Administrator, Public Works Department, the Mayor, City Clerk and the Finance Director. A pertinent approval block is also needed for the King County Assessor's Office. Provide signature lines as required. If there is a Restrictive Covenants, Conditions & Restrictions document for this plat, then reference the same on the plat drawing and provide a space for the recording number thereof. Nole that if there are restrictive covenants, agreements or easements to others (neighboring property owners, etc.) as part of this subdivision, they can be recorded concurrently with the plat. The plat drawings and the associated document{s) are to be given to the Project Manager as a package. The plat document will be recorded first (with King County). The recording number(s) for the associated document(s) (said documents recorded concurrently with, but following the plat) need to be referenced on the plat drawings. There needs to be language regarding the conveyance of the Tracts created by the plat; please check with the Stormwater Utility to see if they will require that the City be the owner of stormwater management tracts) if not and if there is to be a Homeowners' Association (HOA) created for this plat, the fallowing language conceming ownership of the other tracts applies to this plat and should be noted on the final plat drawing as follows: Upon the recording of this plat, Tracts _____ is hereby granted and conveyed to the Plat of Name of Plat Homeowners' Association (HOA) only for the purposes noted thereon. All necessary maintenance activities for said Tracts will be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tracts previously owned by the HOA and have the attendant financial and maintenance responsibilities. Otherwise, use the following language on the final plat drawing: Lots 1 through 34, inclusive, shall have an equal and undivided ownership interest in Tracts ___ and the tracts can only be used for the purposes noted thereon. The foregoing statements are to be accompanied by language defining the maintenance responsibilities for any infrastructure located on the Tracts serving the plat or reference to a separate recorded instrument detailing the same. Please discuss with the Plan Reviewer and the $tormwater Utility any other language requirements regarding surface water BMPs and other rights and responsibilities. All vested owner(s) of the subject plat, at the time of recording, need to sign the final plat. For the street dedication process, indude a current title report noting the vested property owners dated within 45 days of final approval. Bob Mac Onie 6/16/2014 Craig Burnell Ph: 425-430-7290 email: cbumell@rentonwa.gov Building Review Created On: 06116/2014 5' easement (no build) on the south lot line of 33 & 34. June 20, 2014 Page 3 of 4 Community Services Review Created On: 0611 14 A. Parks Impact fee per nce 5670 applies Construct 5' bike lane along Benson per adopted trails and bicycle plan (See attachment) Coordinate with City's Urban Forester for tree protection Coordinate tree substitution for "Raywood Ash' with Urban Forester B. "Complete streets' along Benson should be constructed. C. There are no impacts to parks. Planning Review Created On: 06/17/2014 1. RMC section 4-4-0JO.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday, unless otherwise approved by the Development Services Division. 2. Commercial, multi-family, new single family and other nonresidential constnJction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. 3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or deared of vegetation and where no further construction work will occur within ninety (90) days. Altemative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1 sl and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 4. A National Permit Discharge Elimination System (NPDES) permit is required when more than one acre is being cleared. 5. The applicant will be required to submit a Final Stream and Wetland Mitigation Report and Maintenance and Monitoring proposal. In addition, the applicant will be required to comply with all the code requirements of RMC 4·3-050 Critical Areas. This indudes, but is not limited to, placing the critical area within a Native Growth Protection Easement, providing fencing and signage, and providing the City with a site restoration surety device and, later, a maintenance and monitOring surety device. 6. The applicant may not fill, excavate, stack or store any equipment, dispose of any materials, supplies or fluids, operate any equipment, install impervious surfaces, or compact the earth in any way within the area defined by the drip line of any tree to be retained. 7. The applicant shall erect and maintain six foot (6') high chain link temporary construction fencing around the drip lines of all retained trees, or along the perimeter of a stand of retained trees. Placards shall be placed on fencing every fifty feet (50') indicating the words, "NO TRESPASSING -Protected Trees~ or on each side of the fencing if less than fifty feet (50'). Site access to individually protected trees or groups of trees shall be fenced and signed. Individual trees shall be fenced on four (4) sides. In addition, the applicant shall provide supervision whenever equipment or trucks are moving near trees. Technical Services Created On: 06/16/2014 Fire Review -Building Police Review June 20, 2014 Like the Nippert LLA (LUA 14-000250), Enclave Plat, the City should require an 12.5' dedication along the frontage of 10Bth Ave SE. The fact that it is a State Route and therefore the right of way is vested in the State may be an issue here but the dedication on the Plat is to City and the same could apply to the LLA portion of this project. Corey Thomas Ph: 425-430-7024 email: cthomas@rentonwa.gov Recommendations: Environmental Impact Comments: 1. The fire impact fees are applicable at the rate of $479.28 per single family unil. This fee is paid at building permit issuance. Credit will be granted for the removal of the two existing homes. Code Related Comments: 1. The fire flow requirement for a single family home is 1,000 gpm minimum for dwellings up to 3,600 square feet (including garage and basements). If the dwelling exceeds 3,600 square feet, a minimum of 1 ,SOO 9pm fire flow would be required. A minimum of one fire hydrant is required within 300-feel of Ihe proposed buildings and two hydrants if the fire flow goes up to 1,500 gpm. Existing fire hydrants can be counted toward the requirements as long as they meet current code including 5-inch storz fittings. A water availability certificate is required from Soos Creek Water and Sewer District. 2. Fire department apparatus access roadways are required to be a minimum of 20-feel wide fully paved, with 25-feet inside and 45·feet outside turning radius. Fire access roadways shall be constructed to support a 30·ton vehicle with 322-psi point loading. Access is required within 150-feet of all points on the buildings. Cul-de-sac is required to be a fuU90-foot diameter. All roads and shared driveways shall be fully paved to 20-feel, Emergency access gate shall be fully automated per fire department standards. Cyndie Parks Ph: 425-430-7521 email: cparks@rentonwa.gov Recommendations: 32 Estimated Annual CFS Page 40f4 IVIAj:) (scale varies) -~\'''': ~~~~~~i·:~(}-:/r, ~':~~ "~f~;~K '" 1\:\,~2~~>[J' ~. Fi "'9 " ~. it. . -'" -¥j·,·>i ="," , i' i! II" ~i;- ,:/ ". l'''' f I ""I "':.!...-...J \v"""." ./. d· .:' ~! , I';'> ',-. '.,' 'r:" ii_ ~':···.-... I', ~:~ ;-'-':==-=-~"'1! :.'4,.,; ___ . __ TYPICAL CROSS-SECTION(s) , ____ ··.·o. RIG!-iT"-OF-WAY ,It. ,r "iIDT~ VAR.IES SIDE- i'\ALK TRAVEL LANE MIN, il'- SIDo- WALK Renton Trails and Bicycle Master Plan PJ-Oposed '/J7pl·OIlef1)eIJt..s BENSON DRIVE SOUTH/SR 515 BICYCLE LANES Project Status Origin and Destination Project Length Existing Condition Proposed Cross-section User Groups Connections Project Description Constraints and Considerations PROPOSED South Grady Way to SE 192nd Street 4,1 miles Major arterial Bicycle lanes ,,111 1111'11.1 III III Bicyclists, with pedestrians on sidewalks City Hall PARKS AND SCHOOLS: Thomas Teasdale Park, Talbot Hill Elementary, Nelson Middle School TRAILS: Cascade BICYCLE LANES: Puget Drive SE, SE 176th Street, Benson and Talbot Road South A north·south route providing neighborhood ac- cess and access into downtown. Steep and busy in places. 102 B,;:I:l CON S U L TIN G ENG I N EE R S, LLC I~I@I@'I May 15, 2014 Job No, 258-044-013 Ms. Rocale Timmons City of Renton Planning and Development Department 1055 South Grady Way Renton, WA 98057 RE: Panther Lake Preliminary Plat. Lot Line Adlustment. and Road Modification Request Project Narrative Dear Rocale: We are submitting to the City of Renton a Preliminary Pla~ Lot Une Adjustment, and Road Modification Request for your review. Please find all the necessary materials for the application enclosed with this project narrative. The proposal is to create a 34 lot plat in the R-8 zone in the southern end of the City of Renton. The site consists of 7 parcels: 322305-9123, -9148, -9273, -9344, and 662340- 0054 and portions of 662340-0050, and -0053. The project area totals approximately 7.92 acres in size. The net density of the project is 5.35 dwelling units per acre and the 34 lots will range in size from 4,500 SF to 7,150 SF. The variations in lot size will allow for a mix of home product types and will be an arnenity within the plat The total estimated value of the project at this time is approximately $1.87 M for fair market value. Construction costs are variable and will be estimated at the time of final engineering design construction plans preparation. The site is located at 18655, 18647, 18819 & 18825 1081h Ave SE in the southern portion of the City of Renton. Land Use Currently, there are two single family homes and several detached garages. on the site will be removed. There is a single family home on parcel 322305-9273. The horne is a 4 bedroqlil!,rqnj:e that was built in 1971 and is approximately 2,500 SF. It is considered to be in'iwerage condition, and is served by a gravel driveway. ._,". ESM Federal Way 33400 8th Ave S, Ste 205 Federal Way, WA 98003 253.838.6113 tel 800.345.5694 toll free 253.838.7104 fax ESM Everett 1010 SE Everett Mall Way, 5te 210 Everett, WA 98208 425.297.9900 tel 800.345.5694 toll free 425.297.9901 fax 1.,.,' . I 1'( ; '.' '.11 Ms. Rocale Timmons May 15, 2014 Page 2 There is a single family home and two detached garages on parcel 322305-9123. The home is a 4 bedroom home that was built in 1955 and is approximately 2,750 SF. It is considered to be in low-average condition, and is also served by a dirt/gravel drive. The detached garages are each approximately 1,200 SF and in general disrepair. The homes on parcels 662340-0050 & 662340-0053 will be retained but will not be included in this project It is proposed that they will be removed from the plat through a lot line adjustment that will be processed concurrently with the preliminary plat As such, they are not considered part of the project. However, one small shed structure associated with parcel -0050 will be removed as it is located on a portion of that parcel that will be part of the proposal. While there are homes and structures on the properties, the majority of the site is vacant land and has been used as pasture or left in a natural state. Surrounding uses are as follows: • North -Single Family: Vista Hills Addition Plat (R-S) • West -Panther Creek Critical Area, Single Family: Cougar Meadows Plat (R-S) • South -Large Lot Residential, Vacant Land (R-S) • East -10Sth Ave SEISR 515, Morgan Court Condominiums (R-14) Trees and Vegetation The properties are covered in grass and trees with the majority of the trees being situated along the westem boundary of the properties. The species of trees vary and include: Douglas Fir, Maple, Cedar and several other species of trees in smaller numbers. There are 190 trees that are 6" DBH on the property. 45 of those trees are in public streets, private access tracts, and critical areas and will be excluded from the tree retention calculations. Of the remaining 145 trees we are required to retain 44 trees or provide replacement trees as necessary. This project proposes to retain 24 trees and will be required to replace the shortfall with a minimum of 120 trees that are 2" at DBH. Currently the landscape plan proposes that 151 trees will be planted along the streets, in the storm tract perimeter, in the recreation tract and on the lots. All trees that are proposed to be retained will be fenced and signed "to be retained" during construction as required by the City of Renton. Where feasible, efforts were made to retain trees of value and in aesthetic areas. Soils and Slopes The site slopes to the west with some undulations and the very westem edge of the property drops significantly down to Panther Creek Please see the existing conditions drawing submitted with the preliminary plat The steepest slope on the developable portion of the property is approximately 15%. There are steeper slopes off-site along the westem boundary of the property that exceed 20% but they are not going to be impacted. The USDA Natural Resources Conservation Service geologiC map of the area identifies the soil type as Alderwood Gravelly Sandy Loam 6-15% slopes (AgC) throughout the site and surrounding area. Based on the results of the subsurface investigation, the native soils Ms. Rocale Timmons May 15, 2014 Page 3 observed at the test pit locations are generally consistent A geotechnical study found that the stability of the slope areas can be characterized as moderate. The off-site natural slope adjacent to the western margins of the site is not mapped as a landslide hazard by the City of Renton GIS data. Based on a greater than 40 percent slope condition it is considered a high landslide hazard by the City of Renton Critical Areas Regulations. However, as the slope is underlain by glacial till, the overall global stability of the slope areas can be characterized as moderate. The purpose of proposed grading/filling will be to accommodate the home pads and access road. Rnal filling or grading quantities will be prepared as part of the final engineering and construction plans. However, it is anticipated that filling/grading will be approximately as follows: Stripping ~ 10,100 CY, Cut ~ 18,200 CY, Fill ~ 22,000 CY. The soil type in this area is typically glacial till and allows little to no infiltration opportunities. A stormwater detention pond located in the southwest portion of the site will be used to meet the project's stormwater detention requirements. The water quality treatment will be provided by a stormfilter vault which precedes the detention pond. Additionally, there will be a stormfilter manhole to treat the bypass area in the northwest corner of the project The detention pond will discharge to the west to Panther Creek, a well defined stream. Please refer to the Preliminary Technical Information Report prepared for this project dated January 29, 2014. The storm system will be dedicated to the city upon completion of the project and will be a public storm system. Wetlands and Streams There are two streams adjacent to the site and several wetlands on the site. They are listed as follows: • Wetland A -is a 7,744 SF, slope type emergent wetland flagged with flags Al-A11. This wetland is a disturbed wetland in an old pasture and appears to have disturbed soils from past plowing and grading. This wetland is dominated by a mix of reed canary grass, soft rush, creeping butter cup and blackberry. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3-050.M.l, Wetland A would be best classified as Category 3 wetland. Typically, Category 3 wetlands have a 25' buffer measured from the wetland edge. This wetland will be enhanced to mitigate the removal of wetland E. • Wetland B -Is a 1,198 SF Category 3 wetland and is found in the southwestem corner of the property. It is considered an emergent wetland and appears to have evolved in disturbed soils and is dominated by low plant species consisting of invasive plants. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3-050.M.1, Wetland B would be best classified as a Category 3 wetland. • Wetland C -Is a 274 SF Category 3 wetland and is found in the southwestern comer of the property. It is considered an emergent wetland and appears to have evolved in disturbed soils and is dominated by low plant species consisting of invasive plants. According to the criteria in City Ms. Rocale Timmons May 15, 2014 Page 4 of Renton Municipal Code (RMC) Chapter 4-3-050.M.1, Wetland B would be best classified as a Category 3 wetland. • Wetland D -Is a 370 SF Category 3 wetland and is found along the southern boundary of the property. It is considered an emergent wetland and appears to have evolved in disturbed soils and is dominated by low plant species consisting of invasive plants. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3-050.M.1, Wetland B would be best classified as a Category 3 wetland. This wetland is offsite to the east and the buffer extends on the proposed plat. No work will take place within the buffer of wetland D. • Wetland E -Is a 996 SF Category 3 wetland and is found in the northwestern corner of the property. It is considered an emergent wetland and appears to have evolved in disturbed soils and is dominated by low plant species consisting of invasive plants. This wetland is highly altered and appears to be totally supported by artificial water sources including a roof drain from a home and garage, a gray water drain from the home and a drain tile from a previous water line construction just upslope of the wetland. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3-050.M.1, Wetland B would be best classified as a Category 3 wetland. This wetland will be removed and filled as part of this proposal. • Panther Creek -This Class 2 Stream is situated off-site to the west and parallels the western boundary of the property. Panther creek is located in a steep sided ravine and is relatively undisturbed with good forested buffer areas. Panther Creek is classified as a Class 2 water on the City Inventory. Class 2 waters typically have a 100' buffer measured from the ordinary high water mark As this creek is off-site we are not able to survey the ordinary high water mark However, we have used the available public data to show an approximate location of the creek and have generated an approximate 100' buffer as shown on the site plan. No work will take place in Panther Creek There will be a storm line that extends into the buffer in the southwest corner of the site. This intrusion into the buffer will be mitigated. • Stream A -Is a small tributary stream that Hows into Panther Creek from Wetland D. This small intermittent stream is located along the south side of the site. This stream is a narrow mud bottom channel that appears to carry primarily runoff from the streets to the east of the site. This stream is classified as a Class 4 water in the City Stream Inventory. Typically Class 4 waters have a 35' buffer measured from the Ordinary High Water Mark There are no proposed impacts to this stream or the buffer. Wetland and Stream Impact Mitigation A total of 996 SF of wetland will be filled with this project Due to the sloping character of the site, creating wetlands is not feasible on this site. As a resul~ we are proposing using the "out of kind" provision in the Code using just wetland enhancement as mitigation for this small wetland impact Under 4-30-050.M.13, Out-of-kind replacement is allowed under Ms. Rocale Timmons May 15, 2014 Page 5 the following circumstances: Out-of-kind replacement may be used in place of in-kind compensation only where the applicant can demonstrate to the satisfaction of the Reviewing Official that: a. The wetland system is already significantly degraded and out-of-kind replacement will result in a wetland with greater functional value; or The small, slope type Category 3 wetland is in an area where topsoil was historically removed to expose areas where surficial groundwater is present This small area is covered with invasive species (creeping buttercup and english ivy). The functional value of this wetland is extremely small, as previously described with essentially no hydrologic or water quality function and very low habitat function. Wetland E appears totally supported by artificial water sources from a gray water drain, roof drains and drains that were placed when a water line was placed through the property years ago. b. Scientific problems such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impossible or unacceptable; or The fact that the site slopes with a gentle slope to the edge of a small ravine with steep slopes, and the fact the remaining wetlands are slope wetlands results in a site that does not work for creating wetlands which typically involves excavating out an area so it will hold enough water to create wetland conditions. To attempt to create wetlands at a top of a slope is not prudent as it could create a situation where soils become oversaturated and could cause a slope failure. c. Out-of-kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types). The use of enhancement of Wetland A will enhance an existing degraded low value wetland, and create an area with a forested and emergent plant community with enhanced functional value, primarily by raising its habitat function. The minimal stormwater storage and water quality function of Wetland W will be replicated with the stormwater system. The enhancing of Wetland A will provide an adequate functional lift (raising the WADOE Category from a IV wetland to a III wetland) through enhanced wildlife habitat function to adequately mitigate for the lost functions of this small low value wetland to be filled. The proposed stormwater outfall will be directed to the wes~ off-site into the buffer of Panther Creek to allow natural runoff to continue to flow to the west The proposed impact is only in the buffer and is at a right angle to the stream channel and outside the OHWM of the stream. The pipe will be above ground and anchored and then will go underground for a short section before the outfall structure. An area of 10' on each side of the pipe has been identified as the potential construction zone and restoration of this area will occur within this area of potential temporary disturbance. Access and Roads The Site will be seNed by a proposed local residential street (Road N that will extend west into the center of the site from 1 oath Ave SE/SR-515. The road then bends to the south • Ms. Rocale Timmons May 15, 2014 Page 6 (Road B) to serve the majority of the site. It ends in a cul-de-sac bulb, approximately 700' into the site. The roads will be improved to include curb, gutter, and sidewalk on both sides with a planter strip as required by city code. The standard proposed roads will have a 53' wide right of way to accommodate the travel lanes, curb, gutter, sidewalk, and planter strip. All roads will be dedicated to the City upon completion. Due to the unique configuration of the site and net density if 5.35 DUlAC, alleys will not be incorporated into the project design. There are three Shared Driveway easements proposed. The first is in the northwest corner of the project and will provide access to lots 8-10. The second Shared Driveway easement will provide access to lots 18-21 in the southeastern comer of the project The third Shared Driveway easement provides access to lots 23-26 and also serves as an emergency secondary access for fire purposes. Road Modification Request A right-of-way dedication of 12.5' is proposed along the frontage with 108th Ave SE. We are requesting a modification from having to construct frontage irnprovements due to the short nature of the frontage and the surrounding developments. The current irnprovements on Benson Road S include four travel lanes and a center turn lane that total approximately 60' of travel way, along with 5' sidewalks located against the curb and 5'-wide planter strips on both sides. This project is not proposing to update the existing irnprovements along its Benson Road S frontage to meet the City's current Complete Street Standards, and is specifically requesting a modification to exempt the applicant from providing these frontage improvements. We believe that this request is justified for the following four reasons: 1. The total length of frontage irnprovernents that would be installed are only about 125', once the intersection and curb returns are taken into account This minimal length of improvements would result in awkward transitions to and from the existing improvements and would result in little, if any public benefit; 2. There are no similar improvernents along the entire 7 -mile stretch of Benson Road S frorn S Grady Way to SE Kent-Kangley Road (SR-516); 3. It is highly unlikely that the City of Renton will be retrofitting this stretch of roadway in the next 1 O-years; and 4. We are not aware of any City plans to construct these improvements within the next 1 O-years. Landscaping will be provided near the entrance to enhance the entry to the plat and along the additional frontage right-of-way. Tract A will be designated for landscaping and plat rnonurnentation. Utilities The site is currently served by the Soos Creek Water and Sewer District for water and main extensions into the site for service are proposed. Water is readily available within 108 Ave SE. Sewer service will be provided by Soos Creek Water and Sewer District as well. The connection point for sewer is situated in the northwest comer of the property. A water and ., .. ..; · . Ms. Rocale Timmons May 15, 2014 Page 7 sewer availability certificate was issued by Soos Creek Water and Sewer Oistrcit and has been included with this application. Natural Gas and Electricity will be extended by Puget Sound Energy and they typically manage their own construction projects. Phone services will be provided by Century Unk and is readily available to the site. We feel that this proposed preliminary plat will be a quality residential development with the City and will provide a public benefit to the area. We look forward to meeting with you to discuss the project in more detail. Should you have any questions, or require additional information, please contact me directly at 253- 838-6113. Sincerely, ESM CONSULTING ENGINEERS, LLC. ~h! __ - EVAN iNN Project Planner Enclosures Ilesm8IengJ1esm-jobsI25810441013Idocumentlletter-005.doc Location where application may be reviewed: CONSISTENCY OVERVIEW: Zoning/Land Use: Environmental Documents that Evaluate the Proposed Project: Development Regulations Used For Project Mitigation: Proposed Mitigation Measures: City of . sfl rGTl Del)artment of Community & Economic Development (CEO) -Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 The subject site is designated R-8 on the City's Zoning Map. Environmental (SEPAl Checklist The project will be subject to the City's SEPA ordinance, and other applicable codF!S and regulations as "ppropfiate. The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above. The applicant will be required to provide adequate mitigation for Transportation, Drainage, Earth, and Critical Area Impacts. Comments on the above application must be submitted In writing to Clark H. Close, Associate Planner, CEO -Planning Division, 10S5 South Grady Way, Renton, WA 98057, by 5:00 PM on June 4, 2014. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Clark H. Close, Associate Planner; Tel: (425) 430-7289; Email: cclose@rentonwa.gov PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION If you would like to be made a party of record to receive further information on this proposed project, complete this \ . \ , form and return to: City of Renton, CEO -Planping Division, lOSS So. Grady Way, Renton, WA 98057. Name/File No.: Panther lake Preliminary Plat/lUA14-000190 RECEIVED h;;;;;CI6"--:"'L-I-./..LCJ!:LL_.,).~·-City/State/Zip, _",-,,,-,,-,,,,--,'JCLL.L)P'""-__ 9'YflffY 6f .&2NTON __ .... _.___ PLANNING DIVISION - 4 20\4 TELEPHONE NO., ~c;x.;;:z.--GL+',1H9---';~~00 NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS-M) A Master Application has been filed and accepted with the Department of Community & Economic Development (CEO) -Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: May 21, 2014 LAND USE NUMBER; LUA14-000190 PROJECT NAME: Panther Lake Preliminary Plat PROJECT DESCRIPTION: The applicant is requesting SEPA Environmental Review, Preliminary Plat approval, a Critical Area Exemption, a Lot line Adjustment, and a street modification for a 34-lot subdivision. The 7.92 acre site is located within the Residential-B dwelling units per acre (R-8) zoning classification. The subject property is a collection of six parcels located on the west side of l08th Ave SE just north of SE 192nd St. The 34 lots would result in a density of 5.35 dwellin!§: units per acre. lot sizes would range from 4,500 square feet to 9,900 square feet with an average lot size of 5,233. In addition to the 34 lots 5 tracts are proposed for sensitive areas, storm drainage, and recreational areas. Access to the site would be gained from lOath Ave SE. A new dead end public street (Road A and B) extended from 108th Ave SE would serve proposed lots 1-9, 11-18, 22,23, and 27-34. Shared driveways extended from the new public road (Road B) are proposed to serve lots 10, 19-21, and 24-26. The. site currently contains two single family residences and several detached structures all proposed for demolition. Additionally, as part of the proposed lot Line Adjustment the applicant intends on limiting the subdivision boundary to remove portions of Parcels F (662340- 0050) and G (662340-0053) from the plat. The two existing homes, located an Parcels F and G, are proposed to remain following the recording of the lot Line Adjustment. There are 190 si!§:nificant trees on the site and the applicant is proposing to retain 24 trees. A stormwater pond is proposed within Tract C which would discharge into Panther Creek. The applicant has submitted a Wetland Report, Stream Report, Drainage Report, Traffic Impact Analysis, and a Geotechnical Engineering study with the application. The site contains five Category 3 wetlands (Wetlands A-E), a Class 4 stream, and there is a Class 2 stream (Panther Creek) located off site with a buffer extending onto the subject site. The applicant is proposing to fill one of the Category 3 wetlands and is proposing mitigation to compensate for any value lost. Finally, the applicant is requesting a street modification, from RMC 4-6-060, in order to eliminate the requirement for frontage improvements along 108th Ave SE. PROJECT LOCATION: 18647,18655,18819, and 18825108th Avenue SE OPTIONAL DETERMINATION OF NON-SIGNIFICANCEI MITIGATED (DNS-M): As the lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21C.l10, the City of Renton is using the Optional DNS-M process to give notice that a DNS- M is likely to be issued. Comment periods for the project and the proposed DNS·M are integrated into a single comment period. There will be no comment period followin!§: the issuance of the Threshold Determination of Non-Si!§:nificance- Mitigated (DNS-M). A 14-day appeal period will follow the issuance of the DN5-M. PERMIT APPLICATION DATE: February 13, 2014 NOTICE OF COMPLETE APPLICATION: May 21, 2014 APPLICANT/PROJECT CONTAcr PERSON: Aron Golden, Conner Homes Group, LLC, 846 loath Ave NE, Suite 200, Bellevue, WA 98004 Permits/Review Requested: Environmental (SEPA) Review, Preliminary Plat, Lot Une Adjustment, Modification If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CEO -Planning Division, 1055 So. Gr;:.dy Way, Renton, WA 98057. Name/File No.: Panther lake Preliminary Plat/LUA14-000l90 NAME: __________________________________________________________ __ MAILING ADDRESS: ________________ City/State!Zip: __________ __ TELEPHONE NO.: __________________________ __ Laureen M. Nicolay From: ceebie73@hotmail.com Sent: To: Cc: Monday, June 02, 2014 12:35 PM Laureen M. Nicolay ceebie73@hotmail.com Subject: Zoning Land Use Information Request Public WorkslUtility Inquiry Data from form "Zoning and Land Use Information Request" was received on 6/2/201412:34:55 PM. Zoning and Land Use Information Request Field . Sender's Name . Carol Berdan Sender's • Address 1 Sender's Address 2 . PO Box 58421 -4 If A It..f -0 DO NO ~-----------------------.~ . • •..• •.•.. ••..••. . ...•.•....••.• c_ ..•...•.•• ____ . _ .•••.. __ .•.. Sender's City, i . Renton, WA 98058 State, Zip Sender's Phone' 425-213-2079 Sender's Email ceebie73@hotmail.com Value Question 1 I am interested in receiving information regarding the neighbo-rhood !development application for the property off Benson Hwy, north of 192nd. Thank you! : Sender's Name -180th and Benson Hwy Email "Zoning Land Use Information Request" originally sent to lnicoIay(a)rentonwa.gov from ceebie73@hotmail.com on 61212014 12:34:55 PM. The following were also sent a copy: ceebie73@hotmail.com. 1 .. -~~ ;i RECEIVED JUN 2 0 2n'~ CITY OF RENTON PLANNiNG DIVJSION - Laureen M. Nicolay From: Sent: To: Cc: Laureen M. Nicolay Thursday, June 05, 20144:23 PM Clark Close Vanessa Dolbee; Steve Lee Subject: Additional information requested for complete application, Panther Lake Subdivision, LUA14-000lB9 IC\O Per RMC 4-8, I think a "biological assessment" (contents listed below) or at least a "habitat assessment" is required since the development has the potential to impact Panther Creek, which contains salmon and trout per the WDFW priority habitats mapping website and the applicant's application (see page 6 of the Sewall Wetland Consulting report). Also, please review the stream study submitted to ensure it contains all the information required by RMC 4-8 (see below). Biological Assessment/Critical Area Study: Projects with the potential to impact fish (Chinook salmon, bull trout), unexpected, new, rare or other endangered species habitat (bald eagles) shall provide a biological assessmenUcritical area study. The purpose of this assessment is to determine whether a proposed action is likely to: (1) adversely affect listed species or designated critical habitat; (2) jeopardize the continued existence of species that are proposed for listing, or unexpected, new or rare species; or (3) adversely modify proposed critical habitat. A biological assessmenUcritical area study is a written study that evaluates the proposal, all probable impacts and risks related to the critical area, and recommends appropriate mitigation measures to adequately protect the functions and values of the critical area, and preserve anadromous fish and their habitat. The assessmenUstudy shall be prepared by a person with experience and training in the scientific discipline appropriate for the relevant critical area in accordance with WAC 365-195-095(4), as it exists or may be amended. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology, biological assessment, or related field, and have at least five years of related work experience. a. A qualified professional for wetlands must be a professional wetland scientist with at least two (2) years of full-time work experience as a wetlands professional, including delineating wetlands using the federal manuals and supplements, preparing wetlands reports, conducting function assessments, and developing and implementing mitigation plans. b. A qualified professional for Fish and Wildlife habitat conservation must have a degree in biology or a related degree and professional experience related to the subject species. c. A qualified professional for a geological hazard must be a professional engineer Dr geologist, licensed in the state of Washington. d. A qualified professional for critical aquifer recharge areas means a hydrogeologist, geologist, engineer, Dr other scientist with experience in preparing hydrogeologic assessments. 1 The assessmenUstudy shall use scientifically valid methods and studies in the analysis of critical area data and field reconnaissance and reference the source of the material used. Best available science is that scientific information applicable to the critical area prepared by local state or federal natural agencies or a qualified scientific professional that is consistent with the criteria established in WAC 395-195-900 through 365-195-925, as they exist or may be amended. The assessmenUstudy shall contain, at a minimum, the following information, as applicable: a. The name and contact information of the applicant; b. The dates, names, and qualifications of the persons preparing the assessmenUstudy and documentation of any fieldwork performed on the site; c. A description of the proposal and identification of the permits requested; d. A site plan showing: i. Identified critical areas, buffers and the development proposal with dimensions; ii. Topography at two (2) foot intervals; iii. Limits of any areas to be cleared/impacted; and iv. A description of the proposed stormwater management plan for the development and consideration of impacts to drainage alterations; e. Accurate identification, location, and characterization of critical areas, water bodies, and buffers adjacent to the proposed project area or potentially impacted by the proposed project; f. A statement specifying the accuracy of the assessmenUstudy, assumptions used in the assessmenUstudy, and explaining how best available science has been incorporated; g. Determination of the degree of hazard and risk from the proposal both on the site and on surrounding properties; h. An assessment of the probable cumulative impacts to the critical areas, their buffers and other properties resulting from the proposal; i. An evaluation of the project's compliance with sections 7 and 9 of the Endangered Species Act; j. A description of reasonable efforts made to apply mitigation sequencing to avoid, minimize, and mitigate impacts to critical areas; 2 k. Plans for adequate mitigation to offset any impacts and an explanation of how best management practices will be used to minimize impacts to critical area; and I. Recommendations for maintenance, short-term and long-term monitoring, contingency plans and security requirements. (Ord. 5675, 12-3-2012) Stream or Lake Study, Standard: A report shall be prepared by a qualified biologist, unless otherwise determined by the Community and Economic Development Administrator, and include the following information: a, Site Map: Site map(s) indicating, at a scale no smaller than one inch equals twenty feet (1" = 20') (unless otherwise approved by the Community and Economic Development Administrator): i. The entire parcel of land owned by the applicant, including one hundred feet (100') of the abutting parcels through which the water body(ies) flow(s); ii. The ordinary high water mark (OHWM) determined in the field by a qualified biologist pursuant to RMC 4-3- 050L 1 b (the OHWM must also be flagged in the field); iii. Stream or lake classification, as recorded in the City of Renton Water Class Map in RMC 4-3-050Q4 or RMC 4-3- 090 (if unclassified, see "Supplemental Stream or Lake Study" below); iv. Topography of the site and abutting lands in relation to the stream(s) and itsltheir buffer(s) at contour intervals of two feet (2') where slopes are less than ten percent (10%), and of five feet (5') where slopes are ten percent (10%) or greater; v. One hundred (100) year floodplain and floodway boundaries, including one hundred feet (100') of the abutting parcels through which the water body(ies) flow(s); vi. Site drainage patterns, using arrows to indicate the direction of major drainage fiow; vii. Top view and typical cross-section views of the stream or lake bed, banks, and buffers to scale; viii. The vegetative cover of the entire site, including the stream or lake, banks, riparian area, andlor abutting wetland areas, extending one hundred feet (100') upstream and downstream from the property line. Include position, species, and size of all trees at least ten inches (10") average diameter that are within one hundred feet (100') of the OHWM; ix. The location, width, depth, and length of all existing and proposed structures, roads, stormwater management facilities, wastewater treatment and installations in relation to the streamllake and its/their buffer(s); and x. Location of site access, ingress and egress. 3 b. Grading Plan: A grading plan prepared in accordance with RMC 4-8-12007. anu showing contour intervals of two feet (2') where slopes are less than ten percent (10%). and of five feet (5') where slopes are ten percent (10%) or greater. c. Stream or Lake Assessment Narrative: A narrative report on eight and one-half inch (8.5") by eleven inch (11 ") paper shall be prepared to accompany the site plan and describes: i. The stream or lake classification as recorded in the City of Renton Water Class Map in RMC 4-3-050Q4 or RMC 4-3-090; ii. The vegetative cover of the site, including the stream or lake, banks, riparian area, wetland areas, and flood hazard areas extending one hundred feet (100') upstream and downstream from the property line, including the impacts of the proposal on the identified vegetation; iii. The ecological funclions currently provided by thestreamJlakeand existing riparian area and the impaclsof the proposal on the identified ecological funclions; iv. Observed or reported fish and wildlife that make use of the area including, but not limited to, salmonids, mammals, and bird nesting, breeding, and feeding/foraging areas, including the impacts of the proposal on the identified fish and wildlife; v. Measures to protect trees, as defined per RMC 4-11-200, and vegetation; and vi. For shorelines regulated under RMC 4-3-090, Shoreline Master Program, the study shall demonstrate if the proposal meets the criteria of no net loss of ecological functions as described in RMC 4-3-09002. If the proposal requires mitigation for substantial impacts to the existing vegetation buffer in order to demonstrate no net loss of ecological functions, a supplemental stream or lake study may be required by the Community and Economic Development Administrator. (Ord. 5137, 4-25-2005; Ord. 5633, 10-24-2011; Ord. 5676, 12-3-2012) Stream or Lake Study, Supplemental: The application shall include the following information: a. Unclassified Stream Assessment: If the site contains an unclassified stream, a qualified biologist shall provide a proposed classification of the stream(s) based on RMC 4-3-050L 1 and a rationale for the proposed rating. b. Analysis of Alternatives: A supplemental report on eight and one-half inch (8.5") by eleven inch (11") paper prepared by a qualified biologist shall evaluate alternative methods of developing the property. The following alternatives shall be analyzed, including justification of the feasibility of each alternative: i. Avoid any disturbances to the stream, lake or buffer by not taking a certain action, by not taking parts of an action, or by moving the action; 4 ii. Minimize any stream, lake or buffer impacts by limiting the degree or magnilude of the action and its implementation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce the impacts; iii. Rectifying the impacts by repairing, rehabilitating, or restoring the affected area; iv. Reducing or eliminating the adverse impact over time by preservation and maintenance operations over the life of the action; v. Compensate for any stream, lake or buffer impacts by replacing, enhancing, or providing similar substitute resources or environments and monitoring the impact and taking appropriate corrective measures. c. Impact Evaluation: i. An impact evaluation for any unavoidable impacts prepared by a qualified biologist, to include: (a) Identification, by characteristics and quantity, of the resources (stream, lake) and corresponding functional values found on the site; (b) Evaluation of alternative locations, design modifications, or alternative methods of development to determine which option(s) reduce(s) the impacts on the identified resource(s) and functional values of the site; (c) Determination of the alternative that best meets the applicable approval criteria and identify significant detrimental impacts that are unavoidable: (d) To the extent that the site resources and functional values are part of a larger natural system such as a watershed, the evaluation must also consider the cumulative impacts on that system; (e) For shorelines regulated by RMC 4-3-090, evaluation of how the preferred alternative achieves the standard of no net loss of ecological functions under RMC 4-3-090D2. ii. For a violation, the impact evaluation must also include: (a) Description. by characteristics and quantity, of the resource(s) and functional values on the site prior to the violations; and (b) Determination of the irnpact of the violation on the resource(s) and functional values. d. Mitigation Proposal Shall Include the Following: i. A site plan, at a scale approved by the City. containing all the elements of the site plan required in the standard stream and lake study. and the following: 5 (a) Indication of where proposed mitigation or remediation measures will take place on the site; (b) Separate indication of areas where revegetation is to take place and areas where vegetation is anticipated to be removed; and (c) Any other areas of impact with clear indication of type and extent of impact indicated on site plan. ii. A mitigation narrative on eight and one-halfinch (8.5") by eleven inch (11 ") paper addressing all of the following; (a) Resource(s) and functional values to be restored. created, or enhanced on the mitigation site(s); (b) Environmental goals, objectives, and performance standards to be achieved by mitigation; (c) Discussion of compliance with criteria or conditions allowing for the proposed stream/lake alteration or buffer reduction or buffer averaging, and a discussion of conformity to applicable mitigation plan approval criteria; (d) A review of the best available science supporting the proposed request for a reduced standard and/or the method of impact mitigation; a description of the report author's experience to date in restoring or creating the type of critical area proposed; and an analysis of the likelihood of success of the compensation project; and (e) Cost estimates for implementation of mitigation plan for purposes of calculating surety device. iii. For shorelines regulated by RMC 4-3-090, a discussion of how the proposed plans meet or exceed the standard of no net loss of ecological functions under RMC 4-3-09002; iv. The proposed construction schedule. (Ord. 5137, 4-25-2005; Ord. 5633, 10-24-2011) .L~ 1tieota'h Senior Planner Department of Community and Economic Development 425-430-7294 6 Laureen M. Nicolay From: Sent: To: Cc: Laureen M. Nicolay Thursday, June OS, 2014 11:50 AM Clark Close Vanessa Dolbee Subject: RMC 4·3·050L3b relating to increased buffers for streams abutting protected slopes Below is the code section I was thinking of. L3b. Increased Buffer Width: i. Areas of High Blow-down Potential: Where the streamllake buffer is in an area of high blow-down potential as identified by a qualified professional, the buffer width may be expanded an additional fifty feet (50') on the windward side. Notifications may be required per subsection F8 of this Section. (Ord. 5676, 12-3-2012) ii. Buffers Falling Within Protected Slope or Very High Landslide Area: When the required streamllake buffer falls within a protected slope or very high landslide hazard area or buffer, the streamllake buffer width shall extend to the boundary of the protected slope or the very high landslide hazard buffer. Notifications may be required per subsection F8 of this Section. 1 Laureen M. Nicolay From: Sent: To: Cc: Subject: Laureen M. Nicolay Thursday, June 05, 2014 1:47 PM Clark Close Vanessa Dolbee; Chip Vincent Comments on Pather Creek Preliminary Plat LUA14-000190 I have some concerns about the plans and studies submitted to date and think additional information is needed prior to issuance of a threshold environmental determination: Additional land needs to be included in the proposed NGPA Tract: City code requires the buffer for Panther Creek to extend to the top of the abutting protected slope and this area needs to be placed into a NGPA, but the project plans do not show this. They show the area developed with a storm pond. Instead, this area would need to be in a NGPA tract and not part of a storm drainage tract. Significant plans changes could result from this shift. Variance(s) needed: The plans also call for a storm drainage outfall to be located on and within a 'protected slope area' and may also require tree removal on a protected slope to install. A variance from the Critical Areas code needs to be requested or the plans modified to avoid the critical area. If trees are to be removed in this area, a variance from the tree cutting regulations needs to be submitted as well. Secondary review suggested: The 'critical areas report and supplemental stream study' provided by Sewall could probably benefit from secondary review. City maps indicate that a Class 4 stream flows through the project site and then into Panther Creek. The stream, however, is not indicated in its entirety on the project plans. It appears to flow through an area now proposed as a drainage pond, which is not permitted by code, and it's full extent is not currently depicted on the plans or proposed for protection within a NGPA tract as required by code. There is no information about the height or an analysis of the impacts of the proposed rockery abutting the length of the critical area. The height of the wall has not been indicated on the plans. Sewall Wetland Consulting has classified all the on-site wetlands as Category 3 wetlands because they are "hydrologically isolated". With all the nearby watercourses, I also wonder about this classification. In order to provide the required stream buffer, the pond would need to shift Significantly altering the lot layout, drainage plans, and tree replacement plans. Updated geotechnical report: The geotechnical report was prepared prior to the applicant's consultant preparing the grading plan and before any rockery locations were proposed. It recommends a further geotechnical review be done when these plans are available. The plans seem to be available now, so it might be good to have further evaluation of the proposed grades and walls before we issue our environmental determination. The report also recommends a minimum construction setback from the edge of the protected slope of at least 25 feet, but the drainage plans indicate work closer than 25' to the slope edge and the setback area is not included in the NGPA tract but is instead located within the drainage tract. Stream NGPA and Requested "Modification" of Street Frontage Improvements: The associated lot line adjustment does not depict the on-site stream or create a NGPA tract (or easement) for the Class 4 stream, but could under RMC 4- 3-050 E4aiii. "Application as Condition of Approval When Otherwise Not Required: Where subsections H to M do not require a native growth protection area, the proposal may be conditioned to provide for native growth protection areas." Also, I wonder if the lot line adjustment might result in the avoidance of full compliance with our street improvement regulations by excluding approximately 340 feet of street frontage along the losth Street, thus avoiding the requirements to install street frontage improvements along this stretch. A waiver of street frontage improvements would not seem to comply with the decision criteria of the municipal code (e.g. "substantially implements the policy direction of the comprehensive plan", etc.). 1 Sewer Easement Area in Critical ,act: The proposed soos Creek sewer Ii ement for the development crosses within the proposed Critical Areas Tract D as currently designed which is not permissible by RMC 4-3-050. 2 City of R n Department of Community & Economic De ment GREEN FOLDER NOTIFICATION OF REVIEW REVIEWING DEPARTMENT: APPLICATION NO: LUA14-000190 APPLICANT: Aron Golden PROJECT TITLE: Panther Lake Preliminary Plat, ECF, PP, LLA, MOD SITE AREA: 345,011 square feet LOCATION: lS6SS, lS647, lSS19, lSS25 10Sth Ave SE COMMENTS DUE: JUNE 4,2014 DATE CIRCULATED: MAY 21,2014 PROJECT MANAGER: Clark Close PROJECT REVIEWER: EXISTING BLDG AREA (gross): PROPOSED BLDG AREA (gross) SUMMARY OF PROPOSAL: The applicant is requesting SEPA Environmental Review, Preliminary Plat approval, a Critical Area Exemption, a Lot Line Adjustment, and a street modification for a 34-lot subdivision. The 7.92 acre site is located within the Residential-S dwelling units per acre (R-S) zoning classification. The subject property is a collection of six parcels located on the west side of 108th Ave SE just north of SE 192nd St. The 34 lots would result in a density of S.S9 dwelling units per acre. Lot sizes would range from 4,500 square feet to 9,900 square feet with an average lot size of 5,233. In addition to the 34 lots 5 tracts are proposed for sensitive areas, storm drainage, and recreational areas. Access to the site would be gained from 108th Ave SE. A new dead end public street (Road A and B) extended from 108th Ave SE would serve proposed Lots 1-9, 11-18, 22,23, and 27-34. Shared driveways extended from the new public road (Road B) are proposed to serve Lots 10, 19-21, and 24-26. The site currently contains two single family residences and several detached structures all proposed for demolition. Additionally, as part of the proposed Lot Line Adjustment the applicant intends on limiting the subdivision boundary to remove portions of Parcels F (662340- 0050) and G (662340-0053) from the plat. The two existing homes, located on Parcels F and G, are proposed to remain following the recording of the Lot Line Adjustment. There are 190 Significant trees on the site and the applicant is proposing to retain 24 trees. A stormwater pond is proposed within Tract C which would discharge into Panther Creek. The applicant has submitted a Wetland Report, Stream Report, Drainage Report, Traffic Impact Analysis, and a Geotechnical Engineering study with the application. The site contains five Category 3 wetlands (Wetlands A-E), a Class 4 stream, and there is a Class 2 stream (Panther Creek) located off site with a buffer extending onto the subject site. The applicant is proposing to fill one of the Category 3 wetlands and is proposing mitigation to compensate for any value lost. Finally, the applicant is requesting a street modification, from RMC 4-6-060, in order to eliminate the requirement for frontage improvements along 108th Ave SE. A. ENVIRONMENTAL IMPACT Element of the Environment Element of the. Eorth Air Water Plants Landl§horeline Use Animals Environmental Health Energy/ Natural ResDurces Where to enter your comments: Manage My Reviews Which type of comments are entered: Recommendation: Comments that imPlt the project includin g)an YQ1 the Environementallmpacts above. :\ >" I ~ 'de; >41t'~f V1 <1 bt..'.'1 cI .> o--rl-l., \0 +-\;v\<2. 6~ 2,'-1, ?.3; Correction: Corrections to the project t at need to made before th eview can be completed and/or requesting submittal of additional documentation and/or resubmittal of existing documentation. What Status should be used: Reviewed -/ have reviewed the project and have no comments. Reviewed with comments -/ have reviewed the project and / have comments entered in Recommendations. Correction/Resubmit -I have reviewed the project and the applicant needs to submit and/or resubmit documentation and I have added corrections in Corrections. City of R., .• n Department of Community & Economic De _opment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: JUNE 4,2014 APPLICATION NO: LUA14-000190 DATE CIRCULATED: MAY 21, 2014 APPLICANT: Aron Golden PROJECT MANAGER: Clark Close PROJECT TITLE: Panther Lake Preliminary Plat PROJECT REVIEWER: SITE AREA: 345,011 square feet EXISTING BLDG AREA (gross): LOCATION: 18655, 18647, 18819, 18825 108" Ave 5E PROPOSED BLDG AREA (gross) SUMMARY OF PROPOSAL: The applicant is requesting 5EPA Environmental Review, Preliminary Plat approval, a Critical Area Exemption, a Lot Line Adjustment, and a street modification for a 34-lot subdivision. The 7.92 acre site is located within the Residential-8 dwelling units per acre (R-8) zoning classification. The subject property is a collection of six parcels located on the west side of 108th Ave SE just north of SE 192nd SI. The 34 lots would result in a density of 5.89 dwelling units per acre. Lot sizes would range from 4,500 square feet to 9,900 square feet with an average lot size of 5,233. In addition to the 34 lots 5 tracts are proposed for sensitive areas, storm drainage, and recreational areas. Access to the site would be gained from 108th Ave SE. A new dead end public street (Road A and B) extended from 108th Ave SE would serve proposed Lots 1-9, 11-18, 22,23, and 27-34. Shared driveways extended from the new public road (Road B) are proposed to serve Lots 10, 19-21, and 24-26. The site currently contains two single family residences and several detached structures all proposed for demolition. Additionally, as part of the proposed Lot Line Adjustment the applicant intends on limiting the subdivision boundary to remove portions of Parcels F (662340- 0050) and G (662340-0053) from the plat. The two existing homes, located on Parcels F and G, are proposed to remain following the recording of the Lot Line Adjustment. There are 190 significant trees on the site and the applicant is proposing to retain 24 trees. A stormwater pond is proposed within Tract C which would discharge into Panther Creek. The applicant has submitted a Wetland Report, Stream Report, Drainage Report, Traffic Impact Analysis, and a Geotechnical Engineering study with the application. The site contains five Category 3 wetlands (Wetlands A-E), a Class 4 stream, and there is a Class 2 stream (Panther Creek) located off site with a buffer extending onto the subject site. The applicant is proposing to fill one of the Category 3 wetlands and is proposing mitigation to compensate for any value lost. Finally, the applicant is requesting a street modification, from RMC 4-6-060, in order to eliminate the requirement for frontage improvements along lOath Ave SE. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major In[ormation Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housin Air Aesthetics Water Light/Glare plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservotion Airport Environment 1D,OOOFeet 14,000 Feet (i I) / , B. POLICY-RELATED COMMENTS -'t;C.'":n/Z ~./"C-_.;:s~ B I' a lend j?k . .,.,;~;?,./ .5/??uk..1 6< c~'>' X5;'> 0CJe6;-i . We have reviewed thIS application With partfcuTar ailent/on to tnose oreU!i /fJ WIIIW we have expertise and have I entifi d areas of probable Impact or areas where additional in/ormation is needed to properly assess this proposal. ~d~n4d.., Signature of Director or Authorized Representative Date C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposa/. '=ZAtktM 91 ;<:!Ln4d---5-;;;;.;y: Ii Signature of Director or Authorized Representative Date MAP (scale varies) ! -~ " .. ' I""~' , ~ .. •• '=~~!{;;;~:ct~ ,p~, • -~ I.', ·"~'t: 'e .",,'_-.• ~_<r,".' . '-._ 0" ~~ .. ,.,-. ! '-',~ 'v~,~, .. -r-' ~; '~ ',J \'.". ~' t, f t'" i" ... 't" ;" , "C'P",'.' , , '"~- r" ,e, --t" \ ~ '" -~i' ~ /~ " ~,'~~~. ~: ~i el : 1 ~: ;::-::J ,:1 .;, ".-',,,,, ~:-. TYPICAL CROSS-SECTION(s) }'- I I fI SIDE- "ALK RiG;J7 -OF-li\A'" li\IDTI-I VARIES 7RAIIE\,. L.A!IIE MI!II, .. , x-:--.. SIDE- "ALI< e Renton Trails and Bicycle Master Plan Proposed il'17Prollel'17ents BENSON DRIVE SOUTH/SR 515 BICYCLE LANES Project Status Origin and Destination Project Length Existing Condition Proposed Cross-section User Groups Connections Project Description Constraints and Considerations PROPOSED South Grady Way to SE 192nd Street 4.1 miles Major arterial Bicycle lanes " 111111 111111 '" III Bicyclists, with pedestrians on sidewalks City Hall PARKS AND SCHOOLS: Thomas Teasdale Park, Talbot Hill Elementary, Nelson Middle School TRAI LS: Cascade BICYCLE LANES: Puget Drive SE, SE 176th Street, Benson and Talbot Road South A north-south route providing neighborhood ac- cess and access into downtown. Steep and busy in places. 102 , CITY OF RENTON DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT -PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 21 day of May, 2014, I deposited in the mails of the United States, a sealed envelope containing Notice of Application, Environmental Checklist documents, This information was sent to: Name Agencies See attached Aron Golden See attached Evan Mann (Signature of Sender): STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I ~I Representing See attached 300' surrounding property owners Applicant Owners Contact I certify that I know or have satisfactory evidence that Sabrina Mirante ~;:,~~~~~~rases signed this instrument and acknowledged it to be his/her/their free and voluntary act f( mentioned in the instrument Dated: ot ry Public in and for the State of Washington Notary (print): ___ --"-Ifo"'-":~#_---4:e .... Q"'U""""/e"lf<..S.:>-------------- My appointment expires: AcJ:Jd -:11( dO 1-=1 Panther Lake Preliminary Plat LUA14-000190 Dept. of Ecology ** Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 WSDOT Northwest Region '" Attn: Ramin PazQoki King Area Dev, Serv" MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp, of Engineers ,. Seattle District Office Attn: SEPA Reviewer PO Box C-37S5 Seattle, WA 98124 Boyd Powers *** Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Servo Attn: SEPA Section 35030 SE Douglas St. #210 Snoqualmie, WA 98065 Metro Transit Senior Environmental Planner Gary Kriedt 201 South Jackson Street K5C-TR-0431 Seattle, WA 98104-3856 Seattle Public Utilities Jailaine Madura Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 AGENCY (DOE) LETTER MAILING (ERe DETERMINATIONS) WDFW . Larry Fisher'" Muckleshoot Indian Tribe Fisheries Dept. '" 1775 12th Ave. NW Suite 201 Attn: Karen Walter or SEPA Reviewer Issaquah, WA 98027 39015 _17Znd Avenue SE Auburn, WA 98092 Duwamish Tribal Office '" Muckleshoot Cultural Resources Program" 4717 W Marginal Way SW Attn: Ms Melissa Calvert Seattle, WA 98106-1514 39015 172nd Avenue SE Auburn, WA 98092-9763 KC Wastewater Treatment Division '" Office of Archaeology & Historic Preservation'" Environmental Planning Supervisor Attn: Gretchen Kaehler Ms. Shirley Marroquin PO Box 48343 201 s. Jackson ST, MS KSC-NR-050 Olympia, WA 98504-8343 Seattle, WA 98104-3855 City of Newcastle City of Kent Attn: Tim McHarg Attn: Jack Pace Director of Community Development Acting Community Dev. Director 12835 Newcastle Way, Ste 200 220 Fourth Avenue South Newcastle, WA 98056 Kent, WA 98032-5895 Puget Sound Energy City o!Tukwila Kathy Johnson, Steve Lancaster, Responsible Official 355 110'" Ave NE 6200 Southcenter Blvd. Mailstop EST 11W Tukwila, WA 98188 Bellevue, WA 98004 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy ofthe Environmental Checklist, Site Plan PMT, and the Notice of Application. **Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address: sepaunit@ecy.wa.gov *"Department of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: sepacenter@dnr.wa.gov template· affidavit of service by mailing Easy Peel'"' Labels Use Avery® Template 5160® Thomas ""j'Shirlev Gough 18819 108th Ave SE Renton. WA 980S5 Tammv Deacv 18825 108th Ave SE Renton. WA 98055 Evan Mann ESM Consulting Engineers 33400 8th Ave 5, Suite 205 Federal Wav. WA 98003 Etiquettes fadles a peler Utilise. Ie gabarit AVERve 5160® i I ~ I I I J A -Bend along line to i feed Paper -expose Pop-up Edge™ l mes Denzer 18655 108th Ave SE Renton. WA 98055 Leslie Lansing 14620 205th Ave SE Renton. WA 98059 Alan··Beeker Conner Homes ;. 1~ ~ ... 846 108th Ave N E Bellevue. WA 98004 "- Sensde chargement Repliez ~ Ia hachure afin de I reveler Ie rebord Pop-up"' ; ~ AVERV® 5160® 1 auglas Worth 1217 Coral Dr W Fircrest. WA 98466 EP Enterprise Properties LLC 18819 108th Ave SE Renton. WA 98055 www.avery.com 1-8OO-GO-AVERY I I & 3223059088· 3059123 41400310 KOHR MICHAEL R LANSING DONN LESLIE LEUNG KIN ON 18661 108th Ave SE 18655 108th Ave SE 10423 SE 187th PI Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 2641400330 646910110 646910030 LOCKEn ASBURY+SANDRA L PAN LOUIE MAY C LUONG THANG XUAN+MAI-DIEU 10415 SE 187th PI 18931108TH LN SE 18925 108TH LN SE Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 8956500150 1778300120 8956500140 MACALlNAO ROVELYN T+CARLO A MILLER scon V+MICHELLE L NIKITINE ALLA+SERGUEI 10614 SE 187th St 10427 SE 188th Ct 10615 SE 187th 5t Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 8950300100 5635900000 5635900000 PHAN CHI DUNG N Resident Resident 10629 SE 187th St 10418 SE 187th Ln 10841 SE 187th Ln Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 5635900000 5635900000 5635900000 Resident ReSident Resident 10842 SE 187th Ln 10845 SE 187th Ln 10846 SE 187th Ln Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 5635900000 5635900000 5635900000 Resident Resident Resident 10849 SE 187th Ln 10850 SE 187th Ln 10853 SE 187th Ln Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 5635900000 5635900000 5635900000 Resident Resident Resident 10903 SE 187th Ln 10907 SE 187th Ln 10913 SE 187th Ln Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 5635900000 5635900000 5635900000 Resident ReSident Resident 10914 SE 187th Ln 10917 SE 187th Ln 10921 SE 187th Ln Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 5635900000 5635900000 5635900000 Resident Resident Resident 10922 SE 187th Ln 10925 SE 187th Ln 10926 SE 187th Ln Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 5635900000 5635900000 5635900000 Resident Resident Resident 10931 SE 187th Ln 10932 SE 187th Ln 10935 SE 187th Ln Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 56359000C{)' J5900000 35900000 , Resident Resident Resident 10936 5E 187th Ln 10939 5E 187th Ln 10940 5E 187th Ln Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 5635900000 5635900000 5635900000 Resident Resident Resident 10944 5E 187th Ln 18643 109th Ave 5E 18647 109th Ave 5E Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 5635900000 5635900000 5635900000 Resident Resident Resident 18704 109th Ln 5E 18705 109th Ln 5E 18708 109th Ln 5E Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 5635900000 5635900000 5635900000 Resident Resident Resident 18709 109th Ln SE 18712 109th Ln SE 18713 109th Ln 5E Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 5635900000 5635900000 5635900000 Resident Resident Resident 18716 109th Ln SE 18717 109th Ln SE 18720 109th Ln SE Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 5635900000 5635900000 5635900000 Resident Resident Resident 18724 109th Ln SE 18728 109th Ln SE 18732 109th Ln SE Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 5635900000 5635900000 5635900000 Resident Resident Resident 18733 109th Ln 5E 18736 109th Ln SE 18737 109th Ln SE Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 5635900000 5635900000 646910150 Resident Resident SANCHEZ RAMON 18740 109th Ln SE 18741 109th Ln SE 18939 108TH LN SE Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 646910070 8950300120 8956500130 5END GARY R+LlNDA J SONSALLA JAN ET L TASANI RODOLFO O+MARIVIC E 18951108TH LN SE 18630 107th Ave SE 10609 SE 187th St Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 3223059125 6623400041 646910020 TATRO CURTIS D TEMPLE TAM NGUYEN TEVES LOWELL + JUDITH 18633 108th Ave SE 18814 108th Ave SE 18927 108TH LN SE Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 26414003:m' ~ 6910120 6910180 TOPETE MARIO FRANCO+IRMA FR TRAN THACH N TREICHEL KATHERINE J 10419 SE 187th PI 18933 108TH LN SE 18945 108TH LN SE Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 2641400290 6623400043 1778300280 WASHINGTON LEONARD C+DEBORA WILSON RICHARD D WINN GARY D 10416 SE 187th PI 18822 108th Ave SE 18835 106th Ave SE Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 3223059273 3223059080 WORTH DOUGLAS F YE JIAYI & CHI MAN WO 18643 108th Ave SE 18665 108th Ave SE Renton, WA 980S5 Renton, WA 98055 Denis Law "';;"-.'. . City of. . _________ .:M:aY:O~r .................... .-.. ' r~ t . -j~$' rJ fDll May21,2014 Aron Golden Conner Homes Group, LLC 846108'h Ave NE, Suite 200 Bellevue, WA 98004 Community & Economic Development Department C.E."Chip"Vincent, Administrator Subject: Notice of Complete Application Panther Lake Preliminary Plat, LUA14-000190 Dear Mr. Golden: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. It is tentatively scheduled for consideration by the Environmental Review Committee on June 9, 2014. Prior to that review, you will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7289 if you have any questions. Sincerely, Clark H. Close Associate Planner . cc: Thomas and Shirley Gough, James Denzer ,Douglas and Leah Worth, Tammy Deacy, leslie Lansing, EP Enterprises I Owner(s) Evan Marin / Contact Renton City Hall ... 1055 South GradyWay • Renton, Washington 98057 .. rentonwa.gov ______ --... ,.",.,.,....-r ¢! City of .1 < ' ~ ·Tl [ (j Il NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS-M) A Master Application has been filed and accepted with the Department of Community & Economic Development (CEO) -Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: May 21, 2014 LAND USE NUMBER: LUA14·000190 PROJECT NAME: Panther Lake Preliminary Piat PROJECT DESCRIPTION: The applicant is requesting SEPA Environmental Review, Preliminary Plat approval, a Critical Area E)(emption, a lot line Adjustment, and a street modification for a 34-lot subdivision. The 7.92 acre site is located within the Residential-B dwelling units per acre (R-B) zoning classification. The subject property is a collection of six parcels located on the west side of 10Bth Ave SE just north of SE 192nd St. The 34 lots would result in a density of 5.35 dwelling units per acre. Lot sizes would range from 4,500 square feet to 9,900 square feet with an average lot size of 5,233. In addition to the 34 lots 5 tracts are proposed for sensitive areas, storm drainage, and recreational areas. Access to the site would be gained from lO8th Ave SE, A new dead end public street (Road A and B) extended from lO8th Ave SE would serve proposed Lots 1-9, 11-18,22,23, and 27-34. Shared driveways extended from the new public road (Road B) are proposed to serve Lots 10, 19-21, and 24-26. The site currently contains two single family residences and several detached structures all proposed for demolition, Additionally, as part of the proposed Lot Line Adjustment the applicant intends on limiting the subdivision boundary to remove portions of Parcels F (662340- 0050) and G (662340-oo53) from the plat. The two existing homes, located on Parcels F and G, are proposed to remain following the recording of the Lot line Adjustment, There are 190 significant trees on the site and the applicant is proposing to retain 24 trees. A stormwater pond is proposed within Tract C which would discharge into Panther Creek. The applicant has submitted a Wetland Report, Stream Report, Drainage Report, Traffic Impact Analysis, and a Geotechnical Engineering study with the application, The site contains five Category 3 wetlands (Wetlands A-E), a Class 4 stream, and there is a Class 2 stream {Panther Creek} located off site with a buffer extending onto the subject site, The applicant is proposing to fill one of the Category 3 wetlands and is proposing mitigation to compensate for any value lost. FinaJly, the applicant is reqUesting a street modification, from RMC 4-6-060, in order to eliminate the requirement for frontage improvements along 10Bth Ave SE, PROJECT LOCATION: 18647,18655,18819, and 18825 loath Avenue SE OPTIONAL DETERMINATION OF NON-SIGNIFICANCE, MITIGATED (DNS-M): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS-M process to give notice that a DNS- M is likely to be issued. Comment periods for the project and the proposed DNS-M are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non-Significance- Mitigated (DNS-M). A 14-day appeal period will follow the issuance of the DNS-M, PERMIT APPLICATION DATE: February 13, 2014 NOTICE OF COMPLETE APPLICATION: May 21, 2014 APPLICANT/PROJECT CONTACT PERSON: Aron Golden, Conner Homes Group, LLC, 846 10Sth Ave NE, Suite 200, Bellevue, WA 98004 Permits/Review Requested: Environmental (SEPA) Review, Preliminary Plat, Lot Line Adjustment, Modification If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED -Planning Division, 1055 So. Grady Way, Renton, WA 98057. Name/File No,: Panther Lake Preliminary Plat/LUA14-000190 NAME' ______________________________________________________________ __ MAILING ADDRESS: ______________________________ City/State/Zip: ___________________ __ TELEPHONE NO.' __________________________ __ .S... r; City of • -----"."...,."".... _. r ..... ~ fJ I [) J'J Location where application may be reviewed: CONSISTENCY OVERVIEW: Zoning/Land Use: Environmental Documents that Evaluate the Proposed Project: Development Regulations Used For Project Mitigation: Proposed Mitigation Measures: Department of Community & Economic Development (CEO) -Planning Division, Sixth Floor Renton City Hall, 1055 SolJth Grady Way, Renton, WA 98057 The subject site is designated R-8 on the City's loning Map. Environmental (SEPA) Checklist The project will be subject to the City's SEPA ordinance. and other applicable codes and regulations as appropriate. The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above. The applicant will be required to provide adequate mitigation for Transportation, Drainage, Earth, and Criticat Area Impacts. Comments on the above application must be submitted in writing to Clark H, Close, Associate Planner, CEO -Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on June 4, 2014. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Clark H. Close, Associate Planner; Tel: (425) 430-7289; Email: cclose@rentonwa.gov I PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION I If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED -Planning Division, 1055 So. Grady Way, Renton, WA 98057. Name/File No.: Panther Lake Preliminary Plat/LUA14-000190 NAME. ______________________________________________________________ __ MAILING ADDRESS: _______________________________ City/5tate!Zip: ___________________ __ TELEPHONE NO.: __________________________ __ NonCE OF APPLICATION AND PROPOSED OETERMLNATION OF NON-SLGNLFlCANCE-MITIGATED (DN5-M) ;:,:"'.=.:-~:;:.~::'~~--=-....::....-::"'....::::::= --.... "'_"'......,._ . ...,n.""· ....... .-..a_ .. 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"' ... ,"""' .... -- CERTIFICATION I, &¥ (R CIt W ,cLs-\; roiYl . hereby certify that ~ copies ofthe above document were posted in l conspicuous places or nearby the described property on Signed:----f:,.&~~?tIc"-L.o</J,:<d..=d<U::..l...<A~~~=.::Lf==-Date:_~6"-----"2.:::.l\--"--j ---!-4'---- STATE OF WASHINGTON SS COUNTY OF KING I certify that I know or have satisfactory evidence that A~( Cee II) -,I::sfrono signed this instrument and acknowledged it to be his/her/th'tilr free and voluntary act for the uses anrl ourposes mentioned in the instrument. ,,,\\\\1\1\11 "P. 'I Da~ III OV i¥7-'+-"«A..:1 '" 'Z c in and for the State of Washington ..... $ ". f!+o~ ". -:u .... _ ~ "'1I· ... *'1 'I; __ ,8'29-\ . :- . """"",,,," ~ . 0-WAS~'1 Notary (print): __ JJ.fklL·J.t{0~'f-_?Dm~&.e;a· -,,5z~' _____ _ My appointment expires.: __ -Lthl\..j&+l!~+5:i-\-f-_.r:.d~q7(----"'Q!Q~.L17+----- City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: NAME: SEEATIACHED Panther Lake Preliminary Plat PROJECTIADDRESS(S)ILOCATION AND ZIP CODE- ADDRESS: 18655,18647,18819, & 18825108'" Ave SE CITY ZIP ------ KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S) TELEPHONE NUMBER 322305-9123, -9148, -9273, -9344 662340-0050, -0053, -0054 APPLICANT (if other than owner) EXISTING LAND USE(S): NAME-Aron Golden 2 Single~Family Residences, 3 detached garage/sheds COMPANY (if applicable): Conner Homes Group, LLC PROPOSED LAND USE(S): 34 new Single-Family Residences ADDRESS: 846 lOath Ave NE Ste 200 EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RSF -Residential Single Family PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: Bellevue, WA ZIP: 98004 (if applicable) NIA EXISTING ZONING TELEPHONE NUMBER: 425-646-4411 R-8 CONTACT PERSON PROPOSED ZONING (If applicable): NIA SITE AREA (In square feet)- NAME-Evan Mann 345,011 SF SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (If applicable)-ESM Consulting Engineers DEDICATED: 46,616 SF ADDRESS: 334008'" Ave S, Suite 205 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 10,761 SF PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Federal Way, WA ZIP: 98003 ACRE (if applicable): 5.35 DUlAC TELEPHONE NUMBER AND EMAIL ADDRESS: f------- NUMBER OF PROPOSED LOTS (if applicable) 34 (253) 838-6113 evan.mann@esmcivil.com ~UMBER OF NEW DWELLlN~e ~1~D , ~!\ Y 11 ' \\Esm8\engr\ESM~J08S\258\044\O 13\Otlice\PPlat Submittal FolderIPanther Lake -Master Application doc N,,, 1 6 !.u, -I - ; I", ... PROJECTINFORMATrIO~N~~(,c~o~n~ti~n=ue~d=I) ______________ -, NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: $1.87M 2 Dwelling Units SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): TBD IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA o AQUIFIER PROTECTION AREA ONE . SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL IJ AQUIFIER PROTECTION AREA TWO BUILDINGS (if applicable): NIA o FLOOD HAZARD AREA ___ sq. ft. SQUARE FOOTAGE OF EXISTING NON·RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA IJ GEOLOGIC HAZARD ___ sq. ft. NET FLOOR AREA ON NON·RESIDENTIAL BUILDINGS (if o HABITAT CONSERVATION ___ sqft. applicable) NIA X SHORELINE STREAMS & LAKES +/. 85 linear feet NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NIA X WETLANDS 10 582 sg ft. _. - LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE ~ QUARTER OF SECTION ~,TOWNSHIP 23N • RANGE~, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Arcn Golden ,declare under penalty of pe~ury under the laws of the State of Washington that I am (please check one) __ the current owner of the property involved in this application or ~ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all espects true and correct to the best of my knowledge and belief. I I --"'----------c;{;jlt.l4.. Date S· at e of Owner/Representative '- Signature of Owner/Representative STATE OF WASHINGTON) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that C i I L'-I f J"___-i L .. ~' ;\ (. , ·1 signed this instrument and acknowledge it to be his/her/their free and VOluntary act for the uses and purpose mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) , ~) Jj ! t' ., . ) . (;liill,llt\ Date My appcintment expires: _.JI~\,-· ._. L.1"-i--'-1_'..L\ ___________ _ \\Esm8\engr\ESM-JOBS\258\044\OI3\Oftke\PPIDt Submittal Folder\Panther Lake -Master Application.doc ·2 . PROPERTY OWNER AUTHORIZATION FORM Name of Project: Panther Lake Preljminary Plat Street Address: 18655 108TH AVE SE ParcclNnmben: __ ~32~2~3~O~5-~9~1~23~ ____________________________________ __ Property Owner's Name: ",D",o",nn",-",Le",s",li""e-"Lansing~",· ....... ____________________________ __ Property Owner's Company Name (if applicable): "N""ot"-,a"lP,.,o""li",cab"",,,le"-.. ________________ _ Applicant's Name: ",Ro""b~Ri,.,· s,.,m",g",e,..r _____________________________________ _ Applicant's Company Name (if applicable): Conner Homes Group, LLC I, Donn Leslie Lansing , authorize Rob Risinger to act on my behalf for the Panther Lake Prelimjnary Plat Application for the above referenced property. ~ Signature of £:S STATE OF WASHINGTON ) SS COUN1Y OF KING ) (/22l((7 Date I certify that I know or have satisfactory evidence that Donn Leslie Lansing signed this instrument and acknowledge it to be histber!their free and voluntary act for the uses and purpose mentioned in the instrument. Dated N or the State of Washington Notary (Print): '5f\O,noon c.,. 'tf,'nsc}.- My appointment expires: ) 0 -16--C)O / r.o PROPERTY OWNER AUTHORIZATION FORM Name of Project: Panther Lake Preliminary Plat Street Address: 18655 I 081H AVE SE ParwlNumben: _~32~2~3~05~-~91~2~3~. ____________________ ___ Property Owner's Name: ",Jam"""e""sc!M","-,. D..".,enze"",,:,-r ________________ _ Property Owner's Company Name (if applicable): ",N",o,,-t a"lP"lP"'Ii"'c"'ab"'I""e.'--_______ ___ Applicant's Name: "R"'o"'b ... Ri""·"'sing-'e""f ____________________ _ Applicant's Company Name (if applicable): Conner Homes Group, LLC r, James M. Denzer , authorize Rob Risinger to act on my behalf for the Panther Lake Preliminary Plat Application for the above referenced property. , ~tJ'3:)'4~ l-H-lif- Signature of Owner 'Date STATE OF W7';:SIDNG'rON .1/., u, ... <, ) SS COUNTY QF-IEIN6' ) _____________ ___ ./1gjH'-<J c I certify that I know or have satisfactory evidence that M. Denzer signed this instrument and acknowledge hislher/their free and voluntary act for the uses and mentioned in the instrument. j-J 2 --J-0 f ~r James it to be purpose & Dabolah Hood cks ll~~'~dil '~J) Notary Publi '~ ~~ ~ Mohave County, ~ ~~ ,: .. , fP My Comm. Expires 1 11412015 -- Dated Notary Public in and for the State ofWlIsb:i:ngton If,,; <0" " Notary (print): JJba.-c.t. ,i/cn.ihck.r My appointment expires: J; -/ (j -.:l 0/ S ROPERTY OWNER AUTHORIZATION FORM Name of Project: Panther Lake Preliminary Plat Street Address: 18647 108TH AVE SE Parcel Numbers: _-",-32",2"=3,-"O:!-5--""9-"-14",8",",~-9""2,,,7,,,,3,..,&,,,---,-9,-,3,,,4::>;4 ____________ -- Property Owner's Name: Douglas F Worth and Lea H Worth. husband and wife, Property Owner's Company Name (if applicable):N ",,,,o,,-t "Iap"'p"'li""ca..,b""I""e,'--_______ _ Applicant's Name: ...,R""ob",--",Ri",' s"'in"'g""er"'--___________________ _ Applicant's Company Name (if applicable): Conner Homes Group, LLC We, Douglas and Leah Worth , authorize Rob Risinger to act on my behalf for the Panther Lake Preliminary Plat Application for the above referenced property, ~Il.k:e---1~#/7-~t3 Signature of 0 V Date Signature of Owner Date I' !l STATE OF WA~;mNGTON 1 ) SS COUNTY OF KING ) I certifY that I, ; know or have satisfactory evidence that Douglas Worth signed this instrument and acknowledge it to be hislh?Z '*h ,jr ~e and voluntary act for the uses and purpose mentioned in the jDstroment, Notary Public in and for the State of Washington Notary (Print): &,a.n .L.. i1,.';~t» My appointment expires: _,94-'/..!/C!:/f-h.L.:.~~------~ 7 '- 1,2/18/13 11:07 FAX 919 55? 807_0 __ THE UPS STORE .4407 ----"---1i!i00l PROPERTY OWNER AUTHORIZATION FORM Name of Project; pmF" U1ke Preliminary Plat StreetAcIdnII8: 18647108n1AVESB PareeI Namben: 322305-9148, -9273. & -9314 Property Owner'. Nuae: Qqugw' F Worth ,",Ii leaH Worth. hmshmd gnd wlfe, PIOperlf Owner't Company Name (If appW:abIe): !,!NlYJotUlmmlllll!lil!o<"'lI!!h,!!!le,~ ______ _ AppIieant', Name: .aRo.!!lbILR~i!!!!sil!l",IIlL" ________________ _ Applieaat'l Compaay Name (If app1icable): Coow Homes Group. LtC We, Douglas and Lea Worth • 8udvll'i7C Rob RMrurq to act on my behalf for 1ite Panther Lake Preliminary Plat Applillalion for the above refi:rcnced propm" Signature of Owner Date Signature of Owner " r,; STATE OF W1ItSlmffi~ OC COUNTY OF IQtIG ) wa~ I certify 1hat I know or hIM: satl.sfactory evideuce that (iJ B9 pie ' T 9P Worth sigpcxi this instrument and ackDowIedgc it to be hisIllerItIuU' free and voluntmy lid for 1ite uses and JIllIPOllII meDIioDed in the iDsttummt. IlEUSSA HILUARD NgtaJy NlIIc Wake County, NC My COOI.I ...... &r*M July 18, 2014 - Notary Publk in and for the 81Bte of'''''~ f..C Notary (Print): CJ\e.l\ 'ssa t-9" lloyd My appoinlment expires: JoJ\'1l'\?o I L/ PROPERTY OWNER AUTHORIZATION FORM Name of Project: Panther Lake Preliminary Plat Street Address: _----'-'18"-'8 ..... 1z..9 .... 10"'8!.1TII""'-'A""VLE"'--"S"'E'--______________ _ Parcel Numbers: _""'66""2"'3:!:40-~OO""5<:!4'__ __ ~ ______________ _ Property Owner's Name: EP Enterprise Properties LLC Property Owner's Company Name (if applicable): ",N",o",t a .... olllP"'li""ca"'b"'le"'-, ________ _ Applicant's Name: .,R""ob"--"R"'is""in"'g"'er'--__________________ _ Applicant's Company Name (if applicable): Conner Homes Group, LLC EP Enternrise Properties LLC , authorizes Rob Risinger to act on the LLC's behalf for the Panther Lake Preliminary Plat Application for the above referenced property, Signature of Owner STATE OF WASHINGTON ) SS COUNTY OF KING ) /-ze-1'i Date Signature of Owner I certifY that I know or have satisfactory evidence that ...J! managing partner of EP Enterprise Properties LLC signed this instrument and acknowledge it to be hislher/their free and voluntary act for the uses and purpose mentioned in the instrument. , Date Dated Notary (Print): r the State of Washington e,;'(-/OLA-n W:M dlet« cl My appointment expires: __ I.:...//}-_· _3.:.../.:....0_0 1_7 ____ _ - PROPERTY OWNER AUTHORIZATION FORM Name of Project: Panther Lake Preliminary Plat Street Address: 18825 108TH AVE SE Parcel Numbers: _""66 ... 2"'3::<40"'-00"""'5""3'--_________________ _ Property Owner's Name: Tammy Deacy. Personal Representative of the Estate of Elva Deacy Property Owner's Company Name (if applicable): ",N",o",-t "'aPO!ln""Ii"'c"'abb!!I""e.~ _______ _ Applicant's Name: ~R~ob~Iti~·s~i~D~gN~ ____________________ ___ Applicant's Company Name (if applicable): Conner Homes Group. LLC I. Tammy Deacy. Personal Representative of the Estate of Elva Deacy. authorize Rob Risinger to act on our behalf for the Panther Lake Preliminary Plat Application for the above referenced property. Signature of Owner STATE OF WASHINGTON ) SS COUNTY OF KING ) Date Date Signature ofOwnN .- Signature of Owner I certify that I know or have satisfactory evidence that Tammy Deacy. Personal Rt;presentative of the Estate of Elva Deacy signed this instrument and acknowledge it to be her free and voluntary act for the uses and pwpose mentioned in ~ e instrument. /u Date Date Notary PubliC, and fof tht}state of Washington Notary (Print): 0"o.c\:::te Le.. My appointment expires: Iz.. -01 -I l:, * Please see attached legal documentation establishing the heirs and devisees of Elva K. Deacy_ FiLED 'lIl\3 JM~ 30 PM lj: 04 KING CQUNn' '\JPERIOR COURT CLERK -J. S£I>.TTLL WI>. IN TIlE SUPERIOR COURT FOR THE STATE OF WASHINGTON COUNTY OF KING IN RE TIlE ESTATE OF ELVA K. DEACY NO: 12-4-03699-1 KNT LETTERSTEST~NTARY DECEASED (LTRTS) The last will of the above named deredent was duly exhibited, proven and filed on JUNE 13,2012. It appears in and by said will that: T.AM:M:Y DEACY is named Executor(s) and by order of this court is authorized to execute said will according to law. WITNESS my hand and seal of said Court: January 3D, 2013. STATE OF WASHINGTON) County of King ) BARBARA MINER ~courtClerk By' , Deputy Clerk ABIAN l, BARBARA MINER, Clerk of the Superior Court of the State of Washington, for the County of King, do hereby certifY that I h;lVe compared 111. foregoing copy with the original instrument as the same appears on file aod of record in my office, and that the same is a true and perlect transcript of said original aod of the whole thereof IN TESTIMONY WHEREOF, I have hereunto set my haod aod affixed 1IIe Seal of said Superior court at my office at Seattle on this date JAN 3 0 2013 ~ SuperiorCouri Clerk By: , Deputy Clerk • NOT OFFICIAL WITHOUT SEAL· RCW 11.28.140: 11.28280 L:\foOllS\ctihien\downtown cashiers\Letters Testamentary-fill in SCOMIS code: LTRTS revised: 03JOI .' Denis Law Mayor March 5, 2014 Alan Boeker , Conner Homes Group, llC 846 108'h AveNE, Suite 200 Bellevue, WA 98004 Department of Community and Economic Development C.E."Chip"Vincent, Administrator Subject: Notice of Incomplete Application Panther lake Preliminary Plat, LUA14-0D0190, ECF, PP, lLA, MOD Dear Mr. Boeker: The Planning Division of the City of Renton has determined that the subject application is incomplete according to submittal "requirements and, the following items will need to be submitted by June 5,2014, inorderto continue processing your application: • Street Modification Request Justification or Revised Plat Plan: The submitted plat plan proposes a .limited residential access street for proposed Road A. Pursuant to RMC4-6-060 limited residential access streets may only be used to serve up to 250 average daily trips for which the proposal exceeds. Whenever ". there are practicaldifficulties involved in carrying out the street standards the Reviewing Official may grant modifications for individual cases provided the modification satisfies the criteria outlined in RMC4-9-250. Please provide 4 copies of a written justification for the street modification necessitated by the· proposed.design or alternatively redesign the proposed Preliminary Plat to comply with RMC 4-6-060,Street Standards. • Street Modification Request Justification or Revised Plat Plan: "Street improvements are required to be constructed to the current City standards as outlined in RMC 4-6-060. The proposal does not include the construction of improvements to the current City standards for 108'h Ave SE. " Whenever there are practical difficulties involved in carrying out the street standards the Reviewing Official may grant modifications for individual cases provided the modification satisfies the criteria outlined in RMC4-9-25i). Please provide 4 copies of a written justification for the street modification necessitated by the proposed design or alternatively. redesign the proposed Preliminary Plat to comply with RMC 4-6-060, Street Standards. Renton City Hall. lOSS South GradyWay • Renton,Washington 98057 • rentonwa.gov Alan Boeker Page 2 of 2 • Modification Fee: Should the applicant choose to request a street modification, for one or both of the modifications listed above, please submit a single $100.00 fee with a 3% technology fee. Please contact me at (425) 430-7219 if you have any questions. Sincerely, ~~~ Ro ale Timmons S nior Planner. cc: Owner{s) Contact. File· I d9:; leo • S II I T ,.6 ENGINEERS lit March 10, 2014 Job No. 258-044-013 Ms. Rocale Timmons City of Renton Planning and Development Department 1 055 South Grady Way Renton, WA 98057 RE: Panther Lake Preliminary Plat Road Modification Request Dear Rocale: As you know, we recently submitted the Panther Lake Preliminary Plat application to the City of Renton for review. As indicated at our in-take appointmen~ and reiterated at meetings with City staff on February 18, and March 4'h, 2014, there are two Road Standards Modification requests that the City will require prior to deeming the Preliminary Plat application complete for processing. These modifications include deferral of frontage improvements on 108'h Ave SE, and the use of a Limited Residential Access Street within the proposed plat Both requests and their corresponding justifications are outlined in detail below and shown on the attached exhibit Use of a Modified Limited Access Residential Street (Road Al The Panther Lake project is requesting a Modification to the City's Design Standards for the use of a modified, Limited Residential Access Street (LRAS) with a right-of-way width of 47', to provide access to the proposed development This request is primarily due to the need to provide the public access road at this location and the limited width of the property available (±222'). The following justification is provided to support this request: 1. 2. RECEi\ltD MAR 1 8 2014 3. CITY OF RENTON PI Af\jNI~~C DiViSIO\' 4, ESM Federal Way 33400 81h "''Ie S. Sle 205 Federal Way. WA 981103 253.838.& 113 let 8110.345.5694 toll free 253.838.7ID4Iu The project is providing a secondary point of access for the development (Road C); therefore, Road A is not the only access road. The proposed LRAS right-of-way width of 47' exceeds the minimum right- of-way width of 45' by 2'. This additional 2' is for pavement widening, which allows for a 20'-wide drivable surface for the majority of the roadway. We understand that this satisfies the Rre Departmenfs need for safe access. The maximum number of Average Daily Trips (ADT) for a LRAS is 250. Based on a logical traffic split between the two access points, no single segment will exceed 250 ADT. There is no potential to allow additional traffic on Road A ESM Ev.reU 1010 Sf Evantt Mall Way. St, 210 EvereU. WA 98208 425.297.'900 lei 866.415.6144 toll Iree 425.297."0. fax =",~ Er~"lH"'''~ ~<l:d S",-yel"'9 )[, LJS~' S{.)~rl~~ l ~,,~ f'i~n~'ng L~rld~:,}p(' A ·;hl[·c!~r~ G: S Ms, Rocale Timmons March 1 0, 2014 Page 2 5, When the adjoining properties to the east are developed, Road C will be fully constructed to meet the City's Residential Access Standard, In the meantime, this project has secured a 25'-wide public access and utility easement to allow for this connection, 6, On-street parking on Road A is only proposed at two locations (in front of Lots 2-3 and 4-5), Where this on-street parking is proposed, the remaining lane width is proposed at 14', which exceeds the 12' minimum. 7. All other roads within the development (Roads B and C) meet the full Residential Access standards, The Decision Criteria of 4-9-250 0.2. are met for this request as follows: a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives; A LRAS Is already allowed for roadways with up to 250 ADT; therefore, the proposal implements the policies and objectives of the Comp Plan and Community Design Element This Modification also exceeds the minimum design standards of RMC 4-6-060 F.2. b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment; This Modification exceeds the minimum design standards required under RMC 4-6-060 F.2.; therefore, by default it meets all of these requirements. c. Will not be injurious to other property(ies) in the vicinity; This Modification will not be injurious to any other properties in the vicinity. d. Conforms to the intent and purpose of the Code; This Modification exceeds the minimum design standards of the Code. e. Can be shown to be justified and required for the use and situation intended; This Modification is Justified and required as outlined above. f. Will not create adverse impacts to other property(ies) in the Vicinity. ... Ms. Rocale Timmons March 1 0, 2014 Page 3 This Modification will not create adverse Impacts to any other properties In the vicinity. Based upon this response to the Decision Criteria and justification provided, we respectfully request review and approval of this Modification request to allow a Umited Residential Access Street for Road A Waiver of Frontage Improvements The Panther Lake project is requesting a Modification to the City's Design Standards to waive the installation of frontage improvements along the projecfs approximately 222' of frontage on 108th Ave SE. This is primarily due to the extremely short distance of the required improvements and the excellent condition of the existing improvements on 108th Ave SE. The following justification is provided in support of this request: 1. The project is dedicating 12.5' of additional right-of-way along 108th Ave SE. 2. The project will add street trees and landscaping to this new right-of-way area, located behind the existing sidewalk 3. The available length to install the required frontage improvements is only about 50' to 60' on each side of the Road A intersection. This minimal length is not enough to make safe transitions to the existing improvements and would result in awkward transitions with the existing improvements. This results in little, if any public benefit 4. There are no known similar improvements along the 7 -mile stretch of 108th Ave SE from S Grady Way to SE Kent-Kangley Road (SR-516). 5. It is highly unlikely that the City of Renton will be reconstructing this stretch of roadway in the next 1 O-years to meet the current City Standards due to the fact that it is a state highway, and it is in excellent condition. 6. There are very few developable parcels along 108th Ave SE that would likely result in other sections of similar improvements in the general vicinity of this site. The Decision Criteria of 4-9-250 0.2. are met for this request as follows: a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives; Dedication ot the rlght-ot-way necessary to achieve the CIty's standard for a Principal Arterial substantially Implements the Comp Plan and Community Design Element, and is the minimum necessary to implement these policies and objectives. b. Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based upon sound engineering judgment; Ms. Rocale Timmons March 1 0, 2014 Page 4 This Modification meets the objectives and safety functions Intended by the Code as actual construction of these improvements is not possible given the appropriate transitions needed and limited frontage distance. c. Will not be injurious to other property(ies) in the vicinity; This Modification will not be injurious to any other properties in the vicinity. d. Conforms to the intent and purpose of the Code; This Modification conforms to the right-of-way width standards of the Code. e. Can be shown to be justified and required for the use and situation intended; This Modification is justified and required as outlined above. f. Will not create adverse impacts to other property(ies) in the vicinity. This Modification will not create adverse impacts to any other properties in the vicinity. Based upon this response to the Decision Criteria and justification provided, we respectfully request review and approval of this Road Modification Request Should you have any questions, or require additional information, please contact me immediately at 253-838-6113. Sincerely, ESM CONSULTING ENGINEERS, LLC. ERIC G. laBRIE, AI.C.P. Vice PresidenVDirector of Planning Enclosures \ \esm8\engr\esm-jobs\258\0441013\document\letter-003.doc RECEIPT EG00020781 BILLING CONTACT Evan Mann ESM Consulting Engineers 33400 8TH AVE S , SUITE 205 FEDERAL WAY, WA 98003 REFERENCE NUMBER FEE NAME LUA14-000190 PLAN -Lot Line Adjustment Technology Fee REMAINING BALANCES as of 03/18/2014 MODULE CASE NUMBER FEE NAME I Plan I LUA14-000190 I PLAN -Lot Line Adjustment Printed On: 3/18/2014 Prepared By: Rocale Timmons TRANSACTION TYPE Fee Payment Fee Payment City of 11 [OIJ Transaction Date: March 18, 2014 PAYMENT METHOD AMOUNT PAID c:heck #43667 $89.50 Check #43667 $13.50 SUBTOTAL $103.00 TOTAL $103.00 RECEIVED MAR 1 8 ;;014 CITY Of RENTON PU\NNii\JC-D:V:S!C;:\. REMAINING BALANCE $450.00 LUA14-000190 SUB TOTAL TOTAL REMAINING $450.00 $450.00 Page 1 of 1 PLANNING DIVISION WAI' . ..:.R OF SUBMITTAL REQL ... EMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL REQUIREMENTS: Calculations 1 Colored Maps for Display 4 Construction Mitigation Description 2AND. Deed of Right-of-Way Dedication Density Worksheet 4 Drainage Control Plan 2 Drainage Report 2 Elevations, Architectural, AND 4 Environmental Checklist 4 Existing Covenants (Recorded Copy) 4 Existing Easements (Recorded Copy) • Flood Hazard Data 4 Floor Plans, AND 4 Geotechnical Report 2AND , Grading Plan, Conceptual 2 Grading Plan, Detailed 2 Habitat Data Report 4 Improvement Deferral 2 Irrigation Plan. King County Assessor's Map Indicating Site. Landscape Plan, Conceptual. Landscape Plan, Detailed 4 Legal Description 4 Map of Existing Site Conditions. Master Application Form. Monument Cards (one per monument) 1 Neighborhood Detail Map. Parking, Lot Coverage & Landscaping Analysis. Plan Reductions (PMTs) • Post Office Approval 2 This requirement may be waived bi: 1. Property Services 2. Public Works Plan Review 3. Building 4. Planning WAIVED MODIFIED COMMENTS: BY: BY: ;1Jp 1-/ Lftf1..t A tLV...e... / rr/p ~ ~ nr-'-",I\ 1.-...... "LvCI V CU FEB 1 3 2014 ""'.TV ,..r ... r • ... ~ .. PLANNING DIVISION PROJECT NAME: -,j;_·~_--;--,---r/.A1LE---'---=_.L.t_p_ DATE: _-'--/f--'j;---.:.7+-/ tt'-+---- H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\waiverofsubmittalreqs 06109 PLANNING DIVISION WAIVER Vr SUBMITTAL REQUIREI\,I...:NTS FOR LAND USE APPLICATIONS . LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY: BY: Plat Name Reservation 4 Preapplication Meeting Summary 4 Public Works Approval Letter, Rehabilitation Plan 4 Screening Detail, Shoreline Tracking Worksheet, Site Plan 'AND' Stream or Lake Study, Siandard, Stream, or Lake Study, Supplemental, Stream or Lake Mitigation Plan 4 Street Profiles, . Title Report or Plat Certificate 4 Topography Map, Traffic Study, Tree Cutting/Land Clearing Plan 4 Urban Design Regulations Analysis, Utilities Plan, Generalized, Wetlands Mitigation Plan, Final, Wetlands Mitigation Plan, Preliminary , Wetlands Report/Delineation, Wireless: Applicant Agreement Statement, AND' Inventory of Existing Sites 'AND' Lease Agreement, Draft, AND 3 Map of Existing Site Conditions, AND' Map of View Area 'AND3 Photosimulations 'AND' . This requirement may be waived by: 1. Property Services PROJECT NAME: f?;tv~ tP 2. Public Works Plan Review 3. Building 4. Planning DATE: 1/101 H:\CEO\Data\Forms-Templales\$elf-Help Handouts\Planning\waiverofsubmittalreqs 06/09 . PREAPPLICATION MEETING FOR PANTHER LAKE PLAT PRE 13-000413 CITY OF RENTON Department of Community & Economic Development Planning Division April 25, 2013 Contact Information: Planner: Rocale Timmons, 425.430.7219 Public Works Plan Reviewer: Jan lilian, 425.430.7216 Fire Prevention Reviewer: Corey Thomas, 425.430.7024 Building Department Reviewer: Craig Burnell, 425.430.7290 RECEIVED FEB 1 3 2014 CITY Of RENTON PLANNING DIVISION Please retain this packet throughout the course of your project as a reference. Consider giving copies of it to any engineers, architects, and contractors who work on the project. You will need to submit a copy of this packet when you apply for land use and/or environmental permits. Pre-screening: When you have the project application ready for submittal, call and schedule an appointment with the project manager to have it pre-screened before making all ofthe required copies. The pre-application meeting is informal and non-binding. The comments provided on the proposal are based on the codes and policies in effect at the time of review. The applicant is cautioned that the development regulations are regularly amended and the proposal will be formally reviewed under the regulations in effect at the time of project submittal. The information contained in this summary is subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Planning Director, Development Services Director, Department of Community & Economic Development Administrator, Public Works Administrator and City Council). FIRE & EMERGENCY SERVICES DEPARTMENT ~~'-:~:;f----::: ------... ~~~e MEMORANDUM DATE: TO: FROM: SUBJECT: April 25, 2013 Rocale Timmons, Senior Planner Corey Thomas, Plans Review Inspector Panther Lake PRE13-000413 1. The fire flow requirement for a single family home is 1,000 gpm minimum for dwellings up to 3,600 square feet (including garage and basements). If the dwelling exceeds 3,600 square feet, a minimum of 1,500 gpm fire flow would be required. A minimum of one fire hydrant is required within 300-feet of the proposed buildings and two hydrants if the fire flow goes up to 1,500 gpm. Existing fire hydrants can be counted toward the requirements as long as they meet current code including 5-inch storz fittings. A water availability certificate is required from 500s Creek Water and Sewer District. 2. The fire impact fees are applicable at the rate of $479.28 per single family unit. This fee is paid at building permit issuance. Credit will be granted for the removal of the two existing homes. 3. Fire department apparatus access roadways are required to be a minimum of 2()" feet wide fully paved, with 2S-feet inside and 45-feet outside turning radius. Fire access roadways shall be constructed to support a 30-ton vehicle with 322-psi point loading. Access is required within 1S()..feet of all points on the buildings. Access as proposed is acceptable. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MEMORANDUM DATE: April 24, 2013 TO: Rocale Timmons, Planner FROM: Jan lilian, Plan Review g2- Panther Lake Plat SUBJECT: 18655 -108th Avenue SE PRE13-Q00413 NOTE: The applicant is cautioned that information contained in this summary is preliminary and non- binding and may be subject to modification and/or concurrence by official city decision-makers. Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. I have completed a preliminary review for the above-referenced proposal. The following comments are based on the pre-application submittal made to the City of Renton by the applicant. WATER Water service will be provided by Soos Creek Water and Sewer District. A water availability certificate will be required to be submitted to the City with the site plan application. SANITARY SEWER Sewer service will be provided by Soos Creek Water and Sewer District. A sewer availability certificate will be required to be submitted to the City with the site plan application. SURFACE WATER 1. There is limited storm water conveyance system in Benson Road SE. 2. A drainage plan and drainage report will be required with the site plan application. The report shall comply with the City adopted 2009 King County Surface Water Manual and the 2009 City of Renton Amendments to the KCSWM, Chapters 1 and 2. All core and any special requirements shall be contained in the report. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Site Conditions. The drainage report will need to follow the area specific flow control requirements under Core Requirement #3. Panther lake Plat -PRE 13-{)0041: Page2of2 April 24, 2013 3. A geotechnical report for the site is required. Information on the water table and soil permeability, with recommendations of appropriate flow control BMP options with typical designs for the site from the geotechnical engineer, shall be submitted with the application. 4. Surface water system development fee is $1,120.00 for each new lot. Credit will be given to the existing homes. This is payable prior to issuance of the construction permit. 5. Separate structural plans will be required to be submitted for review and approval under a building permit for detention and or/water quality vault. Special inspection from the building department is required. 6. A Construction Stormwater General Permit from Department of Ecology is required if clearing and grading of the site exceeds one acre. The application is included. with the pre-application packet. TRANSPORTATION 1. Existing right-of-way width in Benson Road fronting the site is 82 feet. Benson Road (SR 515) is classified as Principal Arterial. To meet the City's complete street standards, street improvements including an 8-foot planting strip behind the existing curb, a 12-foot sidewalk (shared bike/pedestrian). a 2-foot strip back of sidewalk. storm drainage, and street lighting will be required. To build this street section, approximately 12.5 feet of right-of-way will be required to be dedicated to the City along the project side in Benson. Final determination of specific right-of-way dedication will be confirmed when the survey and preliminary engineering design is complete. 2. Curb cuts proposed off SR 515 will require review by WSDOT. 3. Applicant may submit an application to the City requesting a modification ofthe street frontage improvements as outlined in City code 4-9-2S0CSd. 4. LED street lighting will be required per City of Renton Standards. S. Payment ofthe transportation impact fee is applicable on the construction of the single family houses at the time of application for the building permit. The current rate of transportation impact fee is $717.75 per single family house. The impact fee for this type of land use will increase on 1/1/2014 to $1,430.72 per single family house. The transportation impact fee that is current at the time of building permit application will be levied, payable at building permit issue. 6. A traffic impact analysis is required when estimated vehicular traffic generated from a proposed development exceeds 20 vehicles per hour in either the AM (6:00 -9:00) or PM (3:00 -6:00) peak periods. A peak hour volume of 20 vehicles per hour would relate to daily volume of approximately 200 vehicles per day. Generally. this includes residential plats of 20 lots or more and commercial sites that generate 20 vehicles per hour. Traffic study guidelines are included with the pre-application packet. GENERAL COMMENTS Any proposed rockeries or retaining walls greater than four feet (4') in height will require a separate building permit, structural plans. and special inspection. H;\CED\Planning\Current Plannlng\PREAPPS\l3-000413.Rocale\Plan Review Comments PRE13-{)00413.doc DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MEMORANDUM DATE: April 25, 2013 TO: Pre-Application File No. 13-000413 FROM: Rocale Timmons, Senior Planner SUBJECT: Panther Lake (18655 IDS'" Ave SE) General: We have completed a preliminary review of the pre-application for the above- referenced development proposal. The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification andlor concurrence by official decision-makers (e.g., Hearing Examiner, Community & Economic Development Administrator, Public Works Administrator, Planning Director, Development Services Director, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $50.00 plus tax, from the Finance Division on the first floor of City Hall or online at www.rentonwa.gov Project Proposal: The subject property is a collection of six parcels located on the west side of 10Sth Ave sE just north of SE 192 0d St. The applicant is proposing a preliminary plat for a 37-lot subdivision of the 7.91-acre site located within the R-8 zoning designation. The proposed lots are intended for the eventual development of detached single-family homes. Access to the site would be gained from new residential public streets extended from 108'" Ave SE via a loop road. The site contains a Class 2 stream, sensitive and critical slopes, possible wetlands and is located within an Erosion Hazard area. Current Use: The site currently contains three single family residences proposed for demolition. Zoning/Density Requirements: The subject property is located' within the R-S zoning classification'. The density range allowed in the R-S zone is a minimum of 4.0 to a maximum of S.O dwelling units per acre (dulac). The area of public and private streets and critical areas would be deducted from the gross site area to determine the "net" site area prior to calculating density. The applicant did not provide square footage information of critical areas on site or right-of-way to be dedicated; therefore staff was unable to calculate the net density for the proposal. The applicant would be required, at the time of formal land use application, to provide net density calculations falling within the allowed range of the R-B zoning classification. i:\rtimmons\preapps\13-QOO413 {r-8 stream, wetland slopes).doc Panther Lake Page 2 of 4 April 25, 2013 Development Standards: The project would be subject to RMC 4-2-110A, "Development Standards for Single Family Zoning Designations" effective at the time of complete application (noted as "R-8 standards" herein). Minimum Lot Size, Width and Depth -The minimum lot size permitted in the R-8 is 4,500 square feet for parcels greater than 1 acre in size and 5,000 square feet for lots 1 acre or less in size. The total lot area of the subject site is more than 1 acre; therefore a minimum lot size of 4,500 square feet is applicable to the proposed project. A minimum lot width of 50 feet for interior lots and 60 feet for corner lots, as well as a minimum lot depth of 65 feet, is also required. The proposal appears to comply with the lot size, width and depth requirements of the zone. Building Standards -R-8 zone allows a maximum building coverage of 35% of the lot area or 2,500 square feet, whichever is greater for lots over 5,000 square feet in size and a maximum impervious surface 75%. Building height is restricted to 30 feet from existing grade. Detached accessory structures must remain below a height of 15 feet. The gross floor area must be less than that of the primary structure. Accessory structures are also included in building lot coverage calculations. The proposal's compliance with the building standards would be verified at the time of building permit review for the new residences to be located on all lots. Building Design Standards -All single family residences would be subject to the Residential . Design Standards outlined in RMC 4-2-115. The proposal's compliance with the residential design standards would be verified at the time of building permit review for the new residences to be located on all lots. Please take not of the following standards One ofthe following is required: • Lot width variation of 10 feet (10') minimum of one per four (4) abutting street-fronting lots/or • Minimum of four (4) lot sizes (minimum of four hundred (400) gross square feet size difference) for at least every four (4) abutting street fronting lots, or • A front yard setback variation ·of at least five feet (5') minimum for at least every four (4) abutting street fronting lots. Setbacks -Setbacks are the minimum required distance between the building footprint and the property line and any private acce~s easement. The required setbacks in the R-8 zone are 15 feet in front for the primary structure and 20 feet in front for the attached garage, 20 feet in the rear, 5 feet on interior side yards, and 15 feet on side yards along streets (including access easements) for the primary structure and 20 feet on side yards along streets (including access easements) for the attached garage. The setbacks for the new residences would be reviewed at the time of building permit- Access/Parking: Access to site is proposed via a loop road extended from Hoquiam Ave NE. Each lot is required to accommodate off street parking for a minimum of two vehicles. Alley: Alley access is the preferred access pattern. As the proposed site is Irregularly shaped alley's do not appear feasible. However, Lots 31-35 would be required to be accessed off of the proposed access easement to the rear of the lots. Driveways: The maximum driveway slopes cannot exceed 15%, provided that driveways exceeding 8% are to provide slotted drains at the lower end of the driveway. If the grade exceeds 15%, a variance is required. i:\rtimmons\preapps\13-{)()()413 (r-8 stream, wetland slopes).doc Panther Lake Page 3 of4 April 25, 2013 Landscaping -Except for critical areas, all portions of the development area not covered by structures, required parking, access, circulation or service areas, must be landscaped with native, drought-resistant vegetative cover. The development standards require that all pervious areas within the property boundaries be landscaped. The minimum on-site landscape width required along street frontages is 10 feet. Please refer to landscape regulations (RMC 4-4-0713) for further general and sl'tecific landscape requirements (enclosed). The conceptual landscape plan submitted with the pre-application materials is required to be revised to include a 10-foot wide on-site landscape strip on each lot. Significant Tree Retention: If significant trees (greater than 6-inch caliper) are proposed to be removed a tree inventory and a tree retention plan along with a tree retention worksheet shall be provided with the formal land use application. The tree retention plan must show preservation of at least 30 percent of significant trees, and indicate how proposed building footprints would be sited to accommodate preservation of significant trees that would be retained. If the trees cannot be retained, they may be replaced with minimum 2 inch caliper trees at a ratio of six to one. Critical Areas: The project site appears to contain critical slopes and possible wetlands. Additionally, the site is adjacent to a Class 2 stream and located within an Erosion Hazard Area. The applicant will need to provide a stream/wetland reconnaissance and delineation. In addition, if impacts are proposed to the stream, wetland or their buffers the applicant would need to provide a conceptual mitigation plan. The City's approved consultant list is enclosed in the information pocket. Additionally, the applicant would be required to provide a Geotechnical Report with a formal land use application due to the Erosion Hazard and slopes on site. It is the applicant's responsibility to ascertain whether additional critical areas are present on the site. If so, the proposal would need to be revised accordingly. Environmental Review: Environmental (SEPA) Review is required for projects nine lots or greater, or on sites that contain critical areas. Therefore SEPA would be required for the proposed subdivision. Permit Requirements: The proposed subdivision would require Preliminary Plat Approval and Environmental (SEPA) Review. All land use permits would be processed within an estimated time frame of 12 weeks. The Preliminary Plat Review application fee is $4,000. The application fee for SEPA Review (Environmental Checklist) is $1,000. A 3% technology fee would also be assessed at the time of land use application. Detailed information regarding the land use application submittal is provided in the attached handouts. Fees: In In addition to the applicable building and construction fees, the following impact fees would be required prior to the issuance of building permits: • A Fire Mitigation fee of $479.28 per new single family residence; and • A Transportation Mitigation Fee based on $717.75 per new single family residence; and i:\rtimmons\preapps\13-D00413 (r-8 stream, wetland skJpes).doc Panther Lake Page 4 of 4 April 25, 2013 • A Parks Mitigation Fee based on $530.76 per new single family residence; and • . A School District Impact Fee based on $6,392 per new single family residence. Fees will change January 1, 2014. A handout listing all of the City's Development related fees is attached for your review. Expiration: The preliminary plat approval is valid for seven years with a possible one-year extension. l:\rtimmons\preapps\13-D00413 (r-8 stream, wetland s\opes).doc January 29, 2014 Job No. 258-044-013 Ms. Rocale Timmons City of Renton Planning and Development Department 1055 South Grady Way Renton, WA 98057 RE: Panther Lake Preliminary Plat Application Project Narrative Dear Rocale: We are submitting to the City of Renton a Preliminary Plat application and a corresponding Lot Une Adjustment application for your review. Please find all the necessary materials for the application enclosed with this project narrative. The proposal is to create a 34 lot plat in R-8 zone in the southern end of the City of Renton. The site consists of 7 parcels: 322305-9123, -9148, -9273, -9344, and 662340- 0050, -0053, -0054. The parcels total an area of approximately 7.92 acres in size and the proposed 34 lots will each be roughly 4,500 s.f. The net density of this proposal is 5.45 dwelling units per acre. The net density of the project is 5.45 dwelling units per acre and the lots will range in size from 4,500 SF to 7,150 SF. The variations in lot size will allow for a mix of home product types and will be an amenity within the plat The total estimated value of the project at this time is $1.87 M for fair market value. Construction costs are variable and will be estimated at the time of final engineering design construction plans preparation. The site is located at 18655, 18647, 18819 & 18825 1 08th Ave SE in the southern portion of the City of Renton. Land Use Currently, there are two single family homes and several detached garages. All structures on the site will be removed. There is a single family home on parcel 322305-9273. that was built in 1971 and is approximately 2,500 SF. condition. It is served by a gravel driveway. ESM Flder.l Way 33400 8th A.ve S. Sit 205 Federal WlY. WA 98003 253.838.6113 ti!'l 800.345.5694 toll free 253.839.7104 ru ESN EvereU 11110 SE Everllt Mall Way. 5'1 210 Evereli. WA. ?8208 425.291.9900 lei 8U.41S.6144 loll Irea 425.297."01 lax The home is a 4 bedroom home It is consider~~CEIVED FEB 1 3 2014 CITY OF ('V I b'g.n~~','·~ PLANNINGOI'W8lON t~,,1 S,.:vel"". LJnd~('~pf' Ar,rll~,I~r~ 3[' '_c:;rr SCJrrlrg G'5 Ms. Rocale Timmor January 29, 2014 Page 2 There is a single family home and two detached garages on parcel 322305-9123. The home is a 4 bedroom home that was built in 1955 and is approximately 2,750 SF. It is considered to be in low-average condition. It is also served by a dirt/gravel drive. The detached garages are each approximately 1,200 SF and in general disrepair. The homes on parcels 662340-0050 & 662340-0053 will be retained but will not be included in this project It is proposed that they will be removed from the plat through a lot line adjustment that will be processed concurrently with the preliminary plat As such, they are not considered part of the project However, one small shed structure associated with parcel -0050 will be removed as it is located on a portion of that parcel that will be part of the proposal. While there are homes and structures on the properties, the majority of the site is vacant land and has been used as pasture or left in a natural state. Surrounding uses are as follows: • North -Single Family: Vista Hills Addition Plat (R-S) • West -Panther Creek Critical Area, Single Family: Cougar Meadows Plat (R-S) • South -Large Lot Residential, Vacant Land (R-S) • East - 1 OS'h Ave SEiSR 515, Morgan Court Condominiums (R-14) Trees and Vegetation The properties are covered in grass and trees with the majority of the trees being situated along the western boundary of the properties. The species of trees vary and include Douglas Fir, Maple, Cedar and several other species of trees in smaller numbers. There are 190 trees that are 6" DBH on the property. 45 of those trees are in public streets, private access tracts, and critical areas and will be excluded from the tree retention calculations. Of the rernaining 145 trees we are required to retain 44 trees or provide replacernent trees as necessary. This project proposes to retain 24 trees and will be required to replace the shortfall with a minimum of 120 trees that are 2" at DBH. Currently the landscape plan proposes that 134 trees will be planted along the streets, in the storm tract perimeter, in the recreation tract and on the lots. All trees that are proposed to be retained will be fenced and signed 'to be retained" during construction as required by the City of Renton. Where feasible, efforts were made to retain trees of value and in aesthetic areas. Solis and Slopes The site slopes to the west with sorne undulations, then on the very western edge of the property it drops significantly down to Panther Creek. Please see the existing conditions drawing submitted with the prelirninary plat. The steepest slope on the developable portion of the property is approxirnately 15%. There are steeper slopes off-site along the western boundary of the property that exceed 20% but they are not going to be impacted. Ms. Rocale Timmor January 29, 2014 Page 3 The USDA Natural Resources Conservation Service geologic map of the area identifies the soil type as Alderwood Gravelly Sandy Loam 6-15% slopes (AgC) throughout the site and surrounding area. Based on the results of the subsurface investigation, the native soils observed at the test pit locations are generally consistent A geotechnical study found that the stability of the slope areas can be characterized as moderate. The off-site natural slope adjacent to the western rnargins of the site is not mapped as a landslide hazard by the City of Renton GIS data. Based on a greater than 40 percent slope condition it is considered a high landslide hazard by the City of Renton Critical Areas Regulations. However, as the slope is under1ain by glacial till, the overall global stability of the slope areas can be characterized as moderate. The purpose of proposed grading/filling will be to accommodate the home pads and access road. Final filling or grading quantities will be prepared as part of the final engineering and construction plans. However, it is anticipated that filling/grading will be approximately as follows: Stripping = 8,000 CY, Cut = 16,850 CY, Fill = 24,150 CY. The soil type in this area is typically glacial till and allows little to no infiltration opportunities. A stormwater detention pond located in the southwest portion of the site will be used to meet the projecfs stormwater detention requirernents. The water quality treatment will be provided by a stormfilter vault which precedes the detention pond. Additionally, there will be a stormfilter rnanhole to treat the bypass area in the northwest corner of the project The detention pond will discharge to the west to Panther Creek, a well defined stream. Please refer to the Preliminary Technical Information Report prepared for this project dated January 29, 2014. The storm system will be dedicated to the city upon completion of the project and will be a public storm system. Wetlands and Streams There are two streams adjacent to the site and several wetlands on the site. They are listed as follows: • Wetland A -is a 7,7 44sf, slope type emergent wetland flagged with flags A 1-A 11. This wetland is a disturbed wetland in an old pasture and appears to have disturbed soils from past plowing and grading. This wetland is dorninated by a mix of reed canary grass, soft rush, creeping buttercup and blackberry. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3-050.M.1, Wetland A would be best classified as Category 3 wetland. Typically, Category 3 wetlands have a 25' buffer rneasured from the wetland edge. This wetland will be enhanced to rnitigate the removal of wetlands B, C, and E. • Wetland B -Is a 1,198 SF Category 3 wetland and is found in the southwestern comer of the property. It is considered an emergent wetland and appears to have evolved in disturbed soils and is dominated by low plant species consisting of invasive plants. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3-050.M.1, Wetland B would be best classified as a Category 3 wetland. This wetland will be removed and filled as part of this proposal. Ms. Rocale Timmor January 29, 2014 Page 4 • Wetland C -Is a 274 SF Category 3 wetland and is found in the southwestern comer of the property. It is considered an ernergent wetland and appears to have evolved in disturbed soils and is dorninated by low plant species consisting of invasive plants. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3-050.M.1, Wetland B would be best classified as a Category 3 wetland. This wetland will be rernoved and filled as part of this proposal. • Wetland D -Is a 370 SF Category 3 wetland and is found along the southern boundary of the property. It is considered an ernergent wetland and appears to have evolved in disturbed soils and is dorninated by low plant species consisting of invasive plants. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3-050.M.1, Wetland B would be best classified as a Category 3 wetland. This wetland is offsite to the east and the buffer extends on the proposed plat No work will take place within the buffer of wetland D. • Wetland E -Is a 996 SF Category 3 wetland and is found in the northwestern corner of the property. It is considered an emergent wetland and appears to have evolved in disturbed soils and is dorninated by low plant species consisting of invasive plants. This wetland is highly altered and appears to be totally supported by artificial water sources including a roof drain frorn a horne and garage, a gray water drain frorn the horne and a drain tile frorn a previous water line construction just upslope of the wetland. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3-050.M.1, Wetland B would be best classified as a Category 3 wetland. This wetland will be removed and filled as part of this proposal. • Panther Creek -This Class 2 Stream is situated off-site to the west and parallels the western boundary of the property. Panther creek is located in a steep sided ravine and is relatively undisturbed with good forested buffer areas. Panther Creek is ciassified as a Class 2 water on the City Inventory. Class 2 waters typically have a 100' buffer measured from the ordinary high water mark As this creek is off-site we are not able to survey the ordinary high water mark However, we have used the available public data to show an approximate location of the creek and have generated an approximate 100' buffer as shown on the site plan. No work will take place in Panther Creek There will be a storm line that extends into the buffer in the southwest corner of the site. This intrusion into the buffer will be mitigated. • Stream A -Is a small tributary stream that flows into Panther Creek from Wetland D. This small intermittent stream is located along the south side of the site. This stream is a narrow mud bottom channel that appears to carry primarily runoff from the streets to the east of the site. This stream is classified as a Class 4 water in the City Stream Inventory. Typically Class 4 waters have a 35' buffer measured from the Ordinary High Water Mark There are no proposed impacts to this stream or the bufler. Ms. Roeale Timmol January 29, 2014 Page 5 Wetland and Stream Impact Mitigation A total of 2,468 sf of wetland will be filled. Due to the sloping character of the site creating wetlands is not feasible on this site. As a result we are proposing using the "out of kind" provision in the Code using just wetland enhancement as mitigation for these small wetland impacts. Under 4-30-050.M.13, Out-of-kind replacement is allowed under the following circumstances 13. Out-of-Kind Replacement: Out-of-kind replacement may be used in place of in-kind compensation only where the applicant can demonstrate to the satisfaction of the Reviewing Official that: a. The wetland system is already significantly degraded and out-of-kind replacement will result in a wetland with greater functional value; or The three small, slope type Category 3 wetlands are just small areas where topsoil was histolically removed to expose areas where surficial groundwater is present near the surface. These small areas are covered with invasive species (creeping buttercup and english ivy). The functional value of these wetlands is extremely small, as previously described with essentially no hydrologic or water quality function and very low habitat function. One of these wetlands (Wetland E) appears totally supported by artificial water sources from a gray water drain, roof drains and drains that were placed when a water line was placed through the property years ago. b. Scientific problems such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impossible or unacceptable; or The fact that the site slopes with a gentle slope to the edge of a small ravine with steep slopes, and the fact the remaining wetlands are slope wetlands results in a site that does not work for creating wetlands which typically involves excavating out an area so it will hold enough water to create wetland conditions. To attempt to create wetlands at a top of a slope is not prudent as it could create a situation where soils become oversaturated and could cause a slope failure. c. Out-of-kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types). The use of enhancement of Wetland A at a 3.13:1 ratio (5.26:1 if Wetland the stream. The pipe will be above ground and anchored and then will go underground for a short section before the outfall structure. An area of 10' on each side of the pipe has been identified as the potential construction zone and restoration of this area will occur within this area of potential temporary disturbance. Access and Roads The site will be served by a proposed local residential street (Road IV that will extend west into the center of the site from 108th Ave SE/SR515. The road then bends to the south (Road B) to serve the majority of the site. It ends in a cul-de-sac in the southern portion of the site. Approximately, 260 feet south of the intersection of Road A and Road B there is Ms. Rocale Timmo January 29, 2014 Page 6 another road (Road C) that extends east back out to 1 OSth Ave SE as a secondary access. The majority of that road will be constructed to full right of way width. However, a portion of it that is within an off-site easement will be a proposed half street Both Road A and Road C are proposed to be full movement accesses along 10Sth Ave SE. The roads will be improved to include curb, gutter, and sidewalk on both sides with a planter strip as required by city code. The standard proposed roads will have a 47' wide right of way to accommodate the travel lanes, curb, gutter, sidewalk, and planter strip. All roads will be dedicated to the city upon completion. There is an alley provided along the backs of lots 27-30 that will provide rear access to those lots. Due to the unique configuration of the site there are no other feasible opportunities to incorporate alleys. There are two private access easements proposed. The first is in the northwest comer of the project and will provide access to lots S, 9, & 10. The second private access easement will provide access to lots 21 &22 in the southeastern corner of the project A right of way dedication of 12.5' is proposed along the frontage with 10Sth Ave SE. However, we are requesting a waiver from having to construct frontage irnprovernents due to the short nature of the frontage and the surrounding developments. Please see the letter from Eric laBrie dated January 2S, 2014. Landscaping will be provided near the entrance to enhance the entry to the plat Tract A will be designated for landscaping and plat monumentation. Utilities The site is currently served by the Soos Creek Water and Sewer District for water and rnain extensions into the site for service are proposed. Water is readily available within 10S Ave SE. Sewer service will be provided by Soos Creek Water and Sewer District as well. The connection point for sewer is situated in the northwest corner of the property. A water and sewer availability certificate was issued by Soos Creek Water and Sewer Distrcit and has been included with this application. Natural Gas and Electricity will be extended by Puget Sound Energy and they typically manage their own construction projects. Phone services will be provided by Century Unk and is readily available to the site. E is considered a man-made artificial wetland} will enhance an existing degraded low value wetland, and create an area with a forested and emergent plant community with enhanced functional value, primarily by raising its habitat function. The rninirnal storrnwater storage and water quality functions of these wetlands will be replicated with the stormwater system. The enhancing of Wetland A will provide an adequate functional lift (raising the WADOE Category from a IV wetland to a III wetland) through enhanced wildlife habitat function to adequately rnitigate for the lost functions of these small low value wetlands to be filled. The proposed stormwater outfall will be directed to the wes~ off-site into the buffer of Panther Creek to allow natural runoff to continue to ftow to the west The proposed impact is just in the buffer and is at a right angle to the stream channel and outside the OHWM of Ms. Rocale Timmo January 29, 2014 Page 7 We feel that this proposed preliminary plat will be a quality residential development with the City and will provide a public benefit to the area. We look forward to meeting with you to discuss the project in more detail. Should you have any questions, or require additional information, please contact me directly at 253- 838-6113. Sincerely, ESM CONSULTING ENGINEERS, LLG. 7 /"/ / / / "~.' I , , / / --- 'EVAN MANN Project Planner Enclosures \\esm8\engr\esm-jobs\258\044\013\documentlpanther lake project narrative & cover letter.doc I d9 ~ leD" SUI T I " 6 January 28, 2014 Mr. Neil Watts, P.E. Development Services Director City of Renton Renton City Hall 1055 S. Grady Way Renton, WA 98057 ENGIMEERS lit Job No. 258-044-013 RECEIVED RE: Panther Lake, Preliminary Plat (PRE13-000413) Request for Waiver of Street Frontage Improvements FEB 1 3 2014 Dear Mr. Watts: CITY OF RENTON PLANNING D!V!SI':)N This letter is being submitted on behalf of Conner Homes, requesting a waiver of street frontage improvement requirements for the preliminary plat of Panther Lake, located in the Benson neighborhood of the City of Renton. A Pre-Application Meeting for this project was held on April 25th, 2013 (PRE13-000413), in which Jan lilian noted that the project could request a waiver of street frontage improvements per RMC 4-9-250 C.5.d. The project is located on the west side of Benson Road S (a.ka. 1 08th Avenue SE and SR- 515), just south of SE 187'h Street, and includes approximately 8 acres of R-8 zoned property. The site includes approximately 220' of frontage on Benson Road S, with the majority of the property, being located west of existing parcels that front Benson Road S. Please refer to sheet PP-01 of the Preliminary Plat set of drawings (attached) for further information. Benson Road S is classified as a Principal Arterial according to the City's Street Standards and has a right-of-way width of 82'. In order to meet the City's current Complete Street Standards for a 5-lane Principal Arterial, the right-of-way would need to be increased to a total width of 103'; therefore, an additional 10.5' of right-of-way dedication would be required on both sides of the street This project is proposing to dedicate 12.5' of additional right-of-way to help meet this standard and respect the existing improvements. Principal Arterial improvements required under the City's Complete Street Standards include four 11 '-wide travel lanes, a 12'-wide center tum lane and two 5'-wide bike lanes, totaling 66'. Behind the curbs, there would also be two 8'-wide planter strips and two 8'- wide sidewalks as well. The current improvements on Benson Road S include four travel lanes and a center turn lane that total approximately 60' of travel way, along with 5' sidewalks located against the ESN Fed.roill WiilY 33400 8th Aye S. SI ... 205 Feder.1 WiilY. WA 98003 253_838.6113 tel 800.345.5&94 loll Iree 253.838.7104 In ESN EvereU 1010 SE Everett MiillI W .. y. Stt 210 Everett. WA 98208 425.297.9'00 lei 866.415,61.4 toll Iree 425.2'7."01 fax :=,~ I Ergln~~";~g L~f,j SlHVc'-/I'lg :1[: ,_,'s~r S',1n~j"~ t Mr. Neil Watts, P.E. January 28, 2014 Page 2 curb and 5'-wide planter strips on both sides. This project is not proposing to update the existing improvements along its Benson Road S frontage to meet the City's current Complete Street Standards, and is specifically requesting this waiver pursuant to RMC 4-9- 250 C.5.d. We believe that this request is justified for the following four reasons: 1. The total length of frontage improvements that would be installed are only about 125', once the intersection and curb returns are taken into account This minimal length of improvements would result in awkward transitions to and from the existing improvements and would result in little, if any public benefit; 2. There are no similar improvements along the entire 7 -mile stretch of Benson Road S from S Grady Way to SE Kent-Kangley Road (SR-516); 3. It is highly unlikely that the City of Renton will be retrofitting this stretch of roadway in the next 1 O-years; and 4. We see no need for these improvements within the next 10-years. If you need any additional information, or have any questions, please contact me directly. Thank you for your consideration, and we look forward to your decision, Very truly yours, ESM CONSULTING ENGINEERS, LLG. rPe J:') C;/~ ERIC G. laBRIE, AI.C.P. Vice PresidenVDirector of Planning Enclosures g:\esm-jobsI258\0441013\documentltetter-001.doc TO: FROM: CITY OF RENTON EVAN MANN MEMORANDUM SUBJECT: JOB NO: PANTHER LAKE CONSTRUCTION MmGATION DESCRIPTION 258-044-013 DATE: 01/27/2014 The Panther lake Plat Is located In the City of Renton and proposes subdividing 7 parcels into 34 lots with access off of 108th Ave SE located near the Intersection of 108th Ave SE and SE 187th lane. Stormwater will be detained by a proposed stormwater detention pond located in the southwest comer of the site. Water quality will be provided by 2 stormfilter systems. Two existing dwellings and aSSOCiated outbuildings will be demolished on site. The project is approximately scheduled to begin construction in May, 2014 and end in December, 2015. Construction hours of operation will follow the City of Renton Municipal Code SectIon 44-030.C.3.b. This limits construction activities to between 7:00am and 8:00pm Monday through Friday, and 9:00am to 8:00pm on Saturdays. No work is permitted on Sundays. No special hours are proposed for construction or hauling for this project Generally, the construction traffic will head north on 1 oath Ave SE until reaching SE Petrovitsky Road, where traffic will head west and connect with Highway 167 in approximately one mile. Construction routes will vary depending on where the workers are coming from and where they are going. During clearing and grading, more speCific haul routes will be established. Best Management Practices from the Washington State Department of Ecology Manual will be used to control dus~ traffic and transportation Impacts, erosion, mud, noise and other noxious characteristics. BMPs that will be used on site include, but are not limited to: BMP C1 05: Stabilized Construction Entrance BMP C120: Temporary and Permanent Seeding BMP C123: Plastic Covering BMP C140: Dust Control BMP C151: Concrete Handling BMP C200: Interceptor Dike and Swale BMP C220: Storm Drain Inlet Protection RECE\VED BMP C240: Sediment Trap EN"CON CI:t'i Ot R During clearing, all trees to be retained will be fenced and signed per H'I'Ig"A~g!~~¥oath Ave SE is classified as a 5{.ane Principal Arterial and the proposed loop road through the project is a Umited Residential Access Road. Stop signs are proposed for traffic on the roadways entering 10ath Ave SE. Additionally, there is a proposed street light on site at the intersection of Road A&B and Road C to satisfy stopping sight distance at night Civil Engineering. Land Surveying. Project Management. Public Works. Land Planning. Landscape Architecture Phone 253.838.6113 800.345-5694 Fax 253.838.7104 1. 2. 3. TREE RETENTION WORKSHEET Total number of trees over 6" in diameter1 on project site: 1. 190 Deductions: Certain trees are excluded from the retention calculation: Trees that are dead, diseased or dangerous2 ° Trees in proposed public streets 7 Trees in proposed private access easements/tracts 4 Trees in critical areas 3 and buffers 34 Total number of excluded trees: 2. 45 Subtract line 2 from line 1: 3. 145 trees trees trees trees trees trees trees 4. Next, to determine the number of trees that must be retained 4 , multiply line 3 by: 0.3 in zones Re, R-1, R-4, or R-8 0.1 in all other residential zones 0.05 in all commercial and industrial zones 4. ___ 4~4,--_ trees 5. List the number of 6" or larger trees that you are proposing S to retain 4 : 5. 24 trees 6. Subtract line 5 from line 4 for trees to be replaced: (If line 6 is less than zero, stop here. No replacement trees are required). 6. __ ---"2"'0'---_ trees 7. Multiply line 6 by 12" for number of required replacement inches: 7. 240 8. Proposed size of trees to meet additional planting requirement: (Minimum 2" caliper trees required) 8. 2 9. Divide line 7 by line 8 for number of replacement trees6 : (if remainder is .5 or greater, round up to the next whole number) inches inches per tree 9. ___ 1=-=2"'0'---_ trees 1 Measured at chest height. 2 Dead, diseased or dangerous trees must be certified as such by a forester, registered landscape architect, or certified arborist, and approved by the City. 3. Critical Areas, s~~ as wetlands, streams, floodplains and protected slopes, are defined in sectioR-E:€JE ~ \/E 0 the Renton MUniCipal Code (RMC). ,-~ ~. 4. Count only those trees to be retained outside of critical areas and buffers. FEB 1 3 2014 5 The City may require modification of the tree retention plan to ensure retention of the maximum ~ Q.t...F "E trees per RMC 4-4-130H7a "'II T U .. NTON PLANNING DIVISION 6 Inches of street trees, inches of trees added to critical areas/buffers, and inches of trees retained on site that are less than 6" but are greater than 2" can be used to meet the tree replacement requirement. \\esmS\engr\ES M·J 0 [3 S \2 5 S \044 \0 1 3 \doc ument\TreeRetention W orksheet.doc 12/0S , I. DENSITY WORKSHEET City of Renton Planning Division 1055 South Grady Way-Renton. WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1 . 345.011 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets" Private access easements" Critical Areas' Total excluded area: 3. Subtract line 2 from line 1 for net area: 4. Divide line 3 by 43.560 for net acreage: 5. Number of dwelling units or lots planned: 6. Divide line 5 by line 4 for net density: 46.616 square feet 10.761 square feet 10.582 square feet 2. 67.959 square feet 3. 277.052 square feet 4. 6.36 acres 5. 34 unitsllots 6. 5.35 = dwelling units/acre 'Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded . .. Alleys (public or private) do not have to be excluded. \\Esm8\engr\ESM-JOBS\258\044\OI3\document\density.doc - l • PLANNING DIVISION ENVIRONMENTAL CHECKLIST PURPOSE OF CHECKLIST: City of Renton Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NON PROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET F~:t"O"NI?RG)JE(:T. ACTIONS (part D). ' " ""':. :, ,,' ,~i/"'\' ., f ,,~",~.1 For nonproject actions (actions involving decisions on policies, plans and pHigrarYisj,'the references in the checklist to the words "project," "applicant," and "property ersj~e:'~hould be read as "proposal," "proposer," and "affected geographic area," respectively.' ',' ' , . -1 -c'", "00109 \ \Esm8\eng r\ESM-JOBS\258\044 10 13\document\SEP A Check[ist5 _ 14.doc A. BACKGROUND 1. Name of proposed project, if applicable: Panther Lake Preliminary Plat 2. Name of applicant: Conner Homes Group, LLC 3. Address and phone number of applicant and contact person: Applicant: Rob Risinger, Conner Homes Group, LLC 846 108th Ave NE Ste 200 Bellevue WA 98004 (425) 646-4435 4. Date checklist prepared: January 28, 2014 5. Agency requesting checklist: City of Renton 6. Proposed timing or schedule (including phasing, if applicable): It is anticipated that the project will take approximately 4 months to obtain approval for the preliminary plat. Upon approval, construction will begin in the summer of 2014 and be completed in a single phase. After final plat approval construction of homes will likely begin in 2015. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. None at this time. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Wetland & Stream Delineation Study: Sewall Wetland Consulting prepared 01/29/13 Geotechnical Engineering Report: Earth Solutions NW, LLC prepared 09/23/13 Preliminary Storm Drainage Report: ESM Consulting Engineers prepared 01/29/13 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None are known at this time. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Preliminary Plat Approval, SEPA Approval, Lot Line Adjustment, Clearing and Grading Permit, Site Development/Road and Storm Drainage Approval, Final Plat, Building Permits. ·2· 06/09 \\Esm8\engr\ESM·JOBS\258\044\013\document\SEPA Checklist5_14.doc 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. The proposal is to subdivide 7 parcels made up of 7.92 acres into 34 lots for single family homes. The site is located in the City of Renton at 18655, 18647, 18819, & 18825 108'h Ave SE. The property is zoned R-8 and currently has 2 existing homes on site. Both of the existing homes and their accessory structures will be removed as part of this proposal. The two homes on parcels 6623400050 & 6623400053 will be retained and it is proposed that they will be removed from the plat through a boundary line adjustment prior to preliminary plat approval. As such, they have not been considered part of this proposal. The minimum average lot size proposed will be approximately 4,500 SF. All utilities will be extended through the site to serve the homes. These include water, sewer, power, natural gas, and telephone. Access to the site will be provided via a new road extending west from 108'h Ave SE into the property and then south to a cul-de-sac. A secondary access road just south of the primary access road is proposed to connect to 108'h Ave SE. The proposed right of way will be 47 feet wide and will be classified as a residential access. Stormwater will be collected and conveyed to a storm detention vault in the southwest corner of the property where it will be treated for water quality and released to match the existing drainage patterns. A small amount of stormwater for the shared access easement in the northwest corner will be collected and released to the northwest and not into the proposed stormwater pond. 12. location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The subject property is located in the City of Renton in King County. It can be found in the SE ~ Section 32, Township 23 North, Range 5 East W.M. The site is on the west side of 108'h Ave SE approximately 1,000 feet north of the intersection with SE 192nd Street. It has approximately 222 linear feet of frontage along 108'h AVE SE. Please refer to the Assessors Map, Site Plans, and Vicinity Map on the site plans. B. ENVIRONMENTAL elEMENTS 1. EARTH a. General description of the site (circle one); flat, rOlling~p slo~ mountainous,other _____ _ The site slopes to the west with some undulations then on the very western edge of the property it drops significantly down to Panther Creek. Please see the existing conditions drawing submitted with the preliminary plat. - 3 -06/09 \\Esm8\eng r\E8M-JOBS\258\044\Q13IdocumentIS EP A Checklists _14 .doc b. What is the steepest slope on the site (approximate percent slope?) The steepest slope on the developable portion of the property is approximately 15%. There are steeper slopes off-site along the western boundary of the property that exceed 20% but they are not going to be impacted c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The USDA Natural Resources Conservation Service geologic map of the area identifies the soil type as Alderwood Gravelly Sandy Loam 6-15% slopes (AgC) throughout the site and surrounding area. Based on the results of the subsurface investigation, the native soils observed at the test pit locations are generally consistent. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. During slope reconnaissance, a gulley aligned perpendicular to Panther Creek was observed adjacent to the northwest corner of the site, as well as a shallow head scarp approximately six to eight feet in height west of the property margins indicating minor surficial instability. In general, based on the slope reconnaissance, stability of the slope areas can be characterized as moderate. The off-site natural slope adjacent to the western margins of the site is not mapped as a landslide hazard by the City of Renton GIS data, however, based on a greater than 40 percent slope condition it is considered a high landslide hazard by the City of Renton Critical Areas Regulations. However, as the slope is underlain by glacial till, the overall global stability of the slope areas can be characterized as moderate. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. The purpose of proposed grading/filling will be to accommodate the home pads and access road. Final filling or grading quantities will be prepared as part of the clearing and grading permit. However, it is anticipated that filling/grading will be approximately as follows: Stripping = 10,100 CY, Cut = 18,200 CV, Fill = 22,000 CV. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Some erosion could occur on-site as a result of construction activities; however, temporary erosion and sedimentation control measures to be approved by the City of Renton will be employed during construction to reduce erosion impacts. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? - 4 -06/09 \\Esm8\eng r\ESM-JOBS\258\044\O 13\document\SEP A Checklist5 _ 14.doc The site will not exceed the maximum impervious surface coverage as allowed by the Renton Municipal Code. The final impervious surface area proposed will be determined during final engineering. Currently it is estimated that approximately 75% of the site will be covered in impervious surfaces. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: During construction, the contractor will follow an approved temporary erosion and sedimentation control plan meeting City of Renton standards. Typical measures, which may be employed, include the use of silt fences, straw bales, and temporary storm drainage features. Hydroseeding exposed soils and cleared areas after construction will also reduce the potential for erosion. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Some heavy machinery exhaust and dust particulates generated primarily by construction equipment will be produced during the construction phase of this project. The amount of emissions to the air will be minimal and will occur during the actual construction of the development. After construction any emissions would be that of a typical residential development. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. None known. c. Proposed measures to reduce or control emissions or other impacts to air, if any: All construction equipment will be in proper working order and regulated for emissions by the manufacturer and local emission laws. Vehicles entering and leaving the site will also be regulated for emissions by state and local emission laws. During construction the site will be watered as necessary to keep any dust from impacting surrounding air quality. 3. WATER a. Surface Water: 1} Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There are two streams adjacent to the site and several wetlands on the site. They are listed as follows: Wetland A -is a 7,744sf, slope type emergent wetland flagged with flags Al- All. This wetland is a disturbed wetland in an old pasture and appears to have -5-06/09 \\Esm8\eng r\ESM-JOBS\258\044\O 13\document\SEP A Checklist5 _ 14.doc disturbed soils from past plowing and grading. This wetland is dominated by a mix of reed canary grass, soft rush, creeping butter cup and blackberry. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3- 050.M.1, Wetland A would be best classified as Category 3 wetland. Typically, Category 3 wetlands have a 25' buffer measured from the wetland edge. This wetland will be enhanced to mitigate the removal of wetlands B, C, and E. Wetland B -Is a 1,198 SF Category 3 wetland and is found in the southwestern corner of the property. It is considered an emergent wetland and appears to have evolved in disturbed soils and is dominated by low plant species consisting of invasive plants. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3-050.M.1, Wetland B would be best classified as a Category 3 wetland. Some work is proposed within the buffer of wetland B, but the wetland itself will not be affected. Wetland C -Is a 274 SF Category 3 wetland and is found in the southwestern corner of the property. It is considered an emergent wetland and appears to have evolved in disturbed soils and is dominated by low plant species consisting of invasive plants. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3-050.M.1, Wetland B would be best classified as a Category 3 wetland. Some work is proposed within the buffer of wetland C, but the wetland itself will not be affected. Wetland 0 -Is a 370 SF Category 3 wetland and is found along the southern boundary of the property. It is considered an emergent wetland and appears to have evolved in disturbed soils and is dominated by low plant species consisting of invasive plants. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3-050.M.1, Wetland B would be best classified as a Category 3 wetland. This wetland is offsite to the east and the buffer extends on the proposed plat. No work will take place within the buffer of wetland D. Wetland E -Is a 996 SF Category 3 wetland and is found in the northwestern corner of the property. It is considered an emergent wetland and appears to have evolved in disturbed soils and is dominated by low plant species consisting of invasive plants. This wetland is highly altered and appears to be totally supported by artificial water sources including a roof drain from a home and garage, a gray water drain from the home and a drain tile from a previous water line construction just upslope of the wetland. According to the criteria in City of Renton Municipal Code (RMC) Chapter 4-3-050.M.1, Wetland B would be best classified as a Category 3 wetland. This wetland will be removed and filled as part of this proposal. Panther Creek -This Class 2 Stream is situated off-site to the west and parallels the western boundary of the property. Panther creek is located in a steep sided ravine and is relatively undisturbed with good forested buffer areas. Panther Creek is classified as a Class 2 water on the City Inventory. Class 2 waters typically have a 100' buffer measured from the ordinary high water mark. As this creek is off-site we are not able to survey the ordinary high water mark. However, we have used the available public data to show an approximate location of the creek and have generated an approximate 100' buffer as shown on the site plan. No work will take place in Panther Creek. There will be a storm line that extends into the buffer in the southwest corner of the site. This intrusion into the buffer will be mitigated. -6 -06109 \\Esm8Ieng r\ESM-JOBS\258\044\O 13\documentlSEP A C hecklist5 _ 14 .doc Stream A -Is a small tributary stream that flows into Panther Creek from Wetland D. This small intermittent stream is located along the south side of the site. This stream is a narrow mud bottom channel that appears to carry primarily runoff from the streets to the east of the site. This stream is classified as a Class 4 water in the City Stream Inventory. Typically Class 4 waters have a 35' buffer measured from the Ordinary High Water Mark. There are no proposed impacts to this stream or the buffer. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes. Work will be required within 200 feet of the above listed waters. General grading and home construction will take place adjacent to the streams and wetlands. Several of the wetlands will be filled and mitigated for. Due to the topography of the site, the stormwater facility must be located on the west side of the property and is proposed in the southwest corner. This will impact the buffers of Wetlands B & C, though the wetlands themselves will not be disturbed. We are also proposing to fill Wetland E which appears to hydrologically supported primarily by artificial water sources. This will result in a total of 996sf of Category 3 wetland fill. There will be a storm drainage pipe that will extend into the Panther Creek buffer from the storm pond. Please see the mitigation plan prepared by Sewall Wetland Consulting. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Wetland E will be filled and mitigated. Wetlands Band C will have their buffers impacted, but no impacts are proposed to the Wetlands themselves. Wetlands A and D will be buffered with no proposed impacts. The approximated buffer for Panther Creek falls entirely within Tract D which is being set aside for open space and sensitive areas. Stream B will be buffered with no impacts. Fill quantities have not yet been established for the wetlands but the source of fill material will be from other areas on the site. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No the proposal will not require surface water withdrawals or diversions. 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground Water: - 7 -06109 \\Esm8\engr\ESM-JOBS\258\o44\O 13\document\SEP A ChecklistS _14 ,doc 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No ground water will be withdrawn nor will water be discharged to ground water. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals ... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Not applicable. No on-site septic or treatment is proposed. c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. On-site stormwater runoff will primarily be generated from rooftops, driveways, and the proposed road. Stormwater will be collected, routed through required storm water quality treatment and detention facilities and discharged to Panther Creek to the west. The proposal includes the use of a large water quality and detention pond where the water will be treated, detained, and released at pre-developed rates. Please see the Preliminary Utility Plan and Downstream Analysis. 2) Could waste material enter ground or surface waters? If so, generally describe. No waste materials are anticipated to enter ground or surface waters. The proposed site stormwater drainage design will ensure that all water pollution generating impervious surfaces will be treated in water quality facilities prior to its release. Best Management Practices will be used throughout the construction of the proposal to ensure protection of ground water quality. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: The storm water runoff will be collected and conveyed to the proposed detention pond in conformance with the City of Renton standards. Please see the Preliminary Storm Drainage Report and Preliminary Utility Plan prepared by ESM Consulting Engineers. 4. PLANTS a. Check or circle types of vegetation found on the site: _X_ deciduous tree: alder, maple, aspen, other _X_ evergreen tree: fir, cedar, pine, other _X_ shrubs _X_ grass __ pasture ·8· \\Esm8\engr\ESM-JOBS\258\044\O 13\document\SEP A ChecklistS _ 14.doc 06/09 __ crop or grain __ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eel grass, milfoil, other --other types of vegetation b. What kind and amount of vegetation will be removed or altered? The properties are covered in grass and trees with the majority of the trees being situated along the western boundary of the properties. The species of trees vary and include: Douglas Fir, Maple, Cedar and several other species of trees in smaller numbers. There are 190 trees that are 6" DBH on the property. 45 of those trees are in public streets, private access tracts, and critical areas and will be excluded from the tree retention calculations. Of the remaining 145 trees we are required to retain 44 trees or provide replacement trees as necessary. This project proposes to retain 24 trees and will be required to replace the shortfall with a minimum of 120 trees that are 2" at DBH. Currently the landscape plan proposes that 134 trees will be planted along the streets, in the storm tract perimeter, in the recreation tract, and on the lots. All trees that are proposed to be retained will be fenced and signed "to be retained" during construction as required by the City of Renton. Where feasible, efforts were made to retain trees of value and in aesthetic areas. c. List threatened or endangered species known to be on or near the site. None present. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Street trees will be planted at regular intervals along the proposed road within the plat and along the frontage. Additional trees may be provided on individual lots as necessary. 5. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle,<€ngbir~other _______ _ Mammals: deer, bear, elk, beaver, other 0-----,-------- Fish: bass, salmon, trout, herring, shellfish, other ______ _ b. List any threatened or endangered species known to be on or near the site. None known. c. Is the site part of a migration route? If so, explain This entire region is known to be part of the Pacific Flyway. The Pacific Flyway includes Alaska and the Aleutian Islands and the Rocky Mountain and Pacific coast regions of Canada, the United States and Mexico, south to where it becomes blended with other flyways in Central and South America. However, the site is not known to be used by migratory fowl. - 9 -06/09 \\Esm8\engr\ESM-JOBS\258\044\Q13ldocument\SEPA Checklists_14.doc d. Proposed measures to preserve or enhance wildlife, if any: Installation of native landscaping will provide coverage and habitat for urban tolerant wildlife. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electrical energy will be the primary source of power serving the needs of the project and natural gas will be made available for the purpose of heating and other needs associated with the residential development. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: The homes that will be constructed as a result of this project will meet or exceed the applicable energy conservation consumption requirements of the City of Renton and the Uniform Building Code in effect at the time of construction. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No. 1) Describe special emergency services that might be required. None anticipated. 2) Proposed measures to reduce or control environmental health hazards, if any: State regulations regarding safety and the handling of hazardous materials will be followed during the construction process. Equipment refueling areas would be located in areas where a spill could be quickly contained and where the risk of hazardous materials entering surface water is minimized. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? -10-06/09 \\Esm8\eng r\ESM·JOBS\258\044\O 13\document\S EPA Checklist5 _14 .doc The primary noise source near the project site is from vehicular traffic on 10Sth Ave SE. The traffic noise along this roadway is not project related or generated, and is not anticipated to greatly affect the proposed project. 2) What types and levels of noise would be created by or associated with the project on a short·term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short-term impacts would result from the use of construction equipment during site development. Construction would occur during permitted construction hours and always in compliance with the City of Renton noise regulations. long-term impacts would be those associated with the increase in vehicular traffic from future home owners and typical residential noise. 3) Proposed measures to reduce or control noise impacts, if any: Construction activity will be limited to permitted construction hours and construction equipment will not be allowed to idle for continuous periods of time, which will help to mitigate the impacts of potential construction noise. S. LAND AND SHOREliNE USE a. What is the current use of the site and adjacent properties? The current uses of the site and adjacent properties are as follows: SITE: large lot Single Family Homes, Vacant land NORTH: large lot Single Family Residential SOUTH: Single Family Residential EAST: 10Sth Ave SE/SR 515, Single Family Residential WEST: Panther Creek, Single Family Residential b. Has the site been used for agriculture? If so, describe. No. c. Describe any structures on the site. Parcel 3223059273 There is a single family home on this parcel. The home is a 4 bedroom home that was built in 1971 and is approximately 2,500 SF. It is considered to be in average condition. It is served by a gravel driveway. Parcel 3223059123 There is a single family home and two detached garages on this parcel. The home is a 4 bedroom home that was built in 1955 and is approximately 2,750 SF. It is considered to be in low-average condition. It is also served by a dirt/gravel drive. The detached garages are each approximately 1,200 SF and in general disrepair. The homes on parcels 6623400050 & 6623400053 will be retained and it is proposed that they will be removed from the plat through a boundary line adjustment prior to preliminary plat approval. As such they are not considered part of the project. . 11 . 06/09 \\Esm8\engr\ESM-JOBS\258\044\O 13\document\SEP A C hecklist5 _14 .doc d. Will any structures be demolished? If so, what? All structures will be removed within the plat boundary. e. What is the current zoning classification of the site? R-8 (Residential Single-Family) f. What is the current comprehensive plan designation of the site? Residential Single-Family g. If applicable, what is the current shoreline master program designation of the site? Not Applicable. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. There are wetlands and streams on and adjacent to the site. Please see the Wetland and Stream report prepared by Ed Sewall consultants. i. Approximately how many people would reSide or work in the completed project? Using the multiplier of 2.S4 people per dwelling unit; approximately 86 people will reside in this plat upon completion. j. Approximately how many people would the completed project displace? It is estimated that approximately 10 people will be displaced. k. Proposed measures to avoid or reduce displacement impacts, if any: None proposed. The owners of the homes will be selling their property and will move of their own free will. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The project will be developed in accordance with applicable City of Renton development and land use codes to ensure the project is consistent with the goals and poliCies of the Comprehensive Plan and applicable Development Regulations in effect at the time of the Preliminary Plat application. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. 34 new units will be provided and they will be of mid to high income housing. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. ·12· 06/09 \\Esm8\engr\ESM-JOBS\258\044\013\document\SEP A ChecklistS _14 .doc 2 middle income homes will be eliminated. c. Proposed measures to reduce or control housing impacts, if any: None proposed. 10. AESTHETICS a. What is the tallest height of any proposed structure(sl, not including antennas; what is the principal exterior building material(s) proposed. The maximum building height will be 30' as prescribed in the Renton Municipal Code. b. What views in the immediate vicinity would be altered or obstructed? None. c. Proposed measures to reduce or control aesthetic impacts, if any: A full landscape plan has been submitted with this proposal. The landscape proposed should help to mitigate visual impacts. All homes will be subject to City of Renton Design Standards for aesthetic appeal. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Light and glare produced from this project will be typical of a residential development in an urban environment. Light and glare from the site would primarily consist of street lighting, security lighting for each home, and vehicle headlights entering and leaving the property. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: Providing the required setbacks of the proposed homes from the property lines and installation of landscaping will help to alleviate some of the light and glare created by the new development from the adjacent properties and roadways. The proposed project and subsequent lighting is consistent with the land use regulations and compatible to the existing adjacent land uses. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? -13 -06/09 \\Esm8\engr\ESM-JOBS\258\044\013Idocumenl\SEPA Checklist5_14.doc There are no designated or informal recreation opportunities on the site but here are several parks in the relatively near vicinity. b. Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None proposed. The size and scope of this project are very limited and will not require on-site recreation space be provided. Parks and services in the near vicinity will provide recreation opportunities as necessary for the new residents. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. None known. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Not applicable. c. Proposed measures to reduce or control impacts, if any: None proposed. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The proposed road to serve this plat will take access from 108'h Ave SE. Please see site plan for details. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? King County Metro Route 169 stops near the site. The nearest stop is within a ~ mile. c. How many parking spaces would the completed project have? How many would the project eliminate? The new project will provide a minimum of 2 parking spaces per unit and will be eliminating approximately 4 spaces. Total net parking to be added is approximately 68 spaces. • 14 • 06109 \\Esm8\eng r\ESM-JOBS\258\044\O 13\document\S EPA Checklist5 _14 .doc d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? The proposal includes the construction of a new road to serve this plat. The new right-of-way will be 47 feet wide. The road enters westward onto the sight from 10S'h Ave SE and bends down to the south. A secondary access then extends east back out to 10S'h Ave SE. Please see the Preliminary Road and Utility Plan. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. It is anticipated that when the project is completed there will be approximately 340 ADTs. As there are 2 existing homes already on the property then the total net increase will be 320 ADT. g. Proposed measures to reduce or control transportation impacts, if any: No special measures are proposed. The applicant will pay all traffic impact fees as required by the City of Renton at the time of building permit. is. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The plat would result in an increased need for public services to include fire protection, police protection, health care, and schools. The additional need would be commensurate with the addition of 34 homes to the service areas for the listed services. b. Proposed measures to reduce or control direct impacts on public services, if any. This increase in demand will be offset by fees, levies, and taxes required to be paid by the applicant as part of this development and future home owners. Also the proposal has been designed in a manner that will provide adequate access for fire, medic, and police vehicles. 16. UTILITIES a. Circle utilities currently available at the site: elect(@ity, n~gas, wa~ Cfervice, tele~e, san~ewer, sep~system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Sewer: Soos Creek Water and Sewer District -15 - lIE sm8\eng r\ESM-JOBS\258104410 13\documentlS EPA ChecklistS _14 ,doc 06/09 • Water: Soos Creek Water and Sewer District Power: Puget Sound Energy Gas: Puget Sound Energy Telephone: Century Link Fire: City of Renton School: Renton School District #403 Sewer and water will be extended through the site to serve the lots. Construction will be coordinated with the City of Renton and Soos Creek Water and Sewer District. Natural Gas and Electricity will be extended by Puget Sound Energy and they typically manage their own construction projects. C. SIGNATURE I, the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct, and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentatiO?~llaCk of full disclosure on my part. Proponent Signature: ·~r~ __________ Name Printed: Date: 7 . 16· 06/09 \\Esm8\eng r\ESM·JOBS\2581044\O 13\documen1\SEP A Checklist5 _ 14 .doc · t · '" o o 8 o '" 8 r ill /\ (1) Z (1) <.0 ::; IT o ~ ::; o o D.. o (1) ...... ill "'" ..... m w u.. -- 7': .. , 0 ", ~5 -0.. ('lj ~ ('lj +-' (J.) 0 "'0 0 0 ..c ~ 0 .0 ..c 0> .- (J.) Z (J.) ~ ('lj ..J ~ (J.) ..c +-' C ('lj 0.. ~ o L.L. o ~ o o N o o o ~ o o N PLAT NAME RESERVATION CERTIFICATE TO: EVAN MANN 33400 -8TH AVE S FEDERAL WAY, WA98003 PLAT RESERVATION EFFECTIVE DATE: Oclober 4, 2013 The plat name, PANTHER LAKE has been reserved for future use by ESM CONSULTING ENGINEERS. I certify that I have checked the records of previously issued and reserved plat names. The requested name has not been previously used in King County nor is it currenlly reserved by any party. This reservation will expire October 4, 2014, one year from today. It may be renewed one year at a time. If the plat has not been recorded or the reservation renewed by the above date it will be deleled. Deputy Auditor RECEIVED FEB 1 3 2;;, CITY OF RENTON PLANNING DIVISION { Parcel name: Lot A North: 160950.0919 East: 1302268.9564 Line Course: N 01-22-45 E Length: 339.41 North: 161289.4035 East : 1302277. 1256 Line Course: S 89-59-56 E Length: 489. 15 North: 161289.3940 East : 1302766.2756 Line Course: S 01-24-27 W Length: 170.31 North 161119.1354 East : 1302762.0923 Line Course: N 89-55-42 W Length: 67.05 North: 161119.2193 East : 1302695.0423 Line Course: S 01-22-31 W Length: 170.23 North: 160949.0383 East : 1302690.9566 Line Course: N 89-51-29 W Length: 422.00 North: 160950.0838 East 1302268.9579 Perimeter: 1658.15 Area: 154,836 4 Mapcheck Closure -(Uses Error Closure: 0.0082 Error North: -0.00806 Precision 1: 202,213.41 listed courses, rad ii, and de I tas) Course: S 10-34-49 E East: 0.00151 " Parcel name: Lot B North: 161119, 1377 East: 1302762.0928 Line Course: N 01-24-27 E Length: 170. 31 North: 161289.3963 East : 1302766. 2761 Line Course: S 89-59-56 E Length: 109. 14 North: 161289.3942 East : 1302875.4161 Line Course: S 01-26-21 W Length: 170.45 North: 161118.9979 East : 1302871. 1351 Line Course: N 89-55-42 W Length: 109.04 North: 161119.1343 East 1302762.0952 Perimeter: 558.93 Area: 18,581 0 Mapcheck Closure -(Uses Error Closure: 0.0042 Error North: -0.00334 Precision 1: 133,080.95 listed courses, rad ii, and de I tas) Course: S 36-26-32 E East: 0.00247 " . Parcel name: Lot C North: 160949.0455 East: 1302690.9551 Line Course: N 01-22-31 E Length: 170.23 North: 161119.2264 East : 1302695.0408 Line Course: S 89-55-42 E Length: 176.09 North: 161119.0062 East : 1302871. 1307 Line Course: S 01-26-21 W Length: 170.45 North: 160948.6099 East : 1302866.8497 Line Course: N 89-51-29 W Length: 175.90 North: 160949.0457 East 1302690.9503 Perimeter: 692.66 Area: 29.970 1 Mapcheck Closure -(Uses Error Closure: 0.0049 Error North: 0.00025 Precision 1: 141.361.22 I isted courses. radi i. and deltas) Course: N 87-05-31 W East: -0.00488 SUBDIVISION Guarantee/Certificate Number: Issued By: @ CHICAGO TITLE INSURANCE COMPANY 0008187-06 CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1_ No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2_ The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee_ If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Countersigned By: Authorized Officer or Agent Subdivision Guarantee/Certificate Page 1 of8 Chicago Title Insurance Company By: Attest: President Secretary RECEIVED FEB 1 32014 C1TYOFRE'N PLAN TON NING DIVISION Printed: 01.30.14@02:03PM W A-CT -FNSE -02150 .6224 76-8 PS-1-14-Q008187 -06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0008187-06 Uabllity $1,000.00 ISSUING OFFICE: Title Officer: Seattle Commercial f Unit 6 Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Main Phone: (206)628-5610 Email: CTISeaTitleUnit6falctt.com SCHEDULE A Pramium $200.00 Effective Date: January 22,2014 at 08:00AM The assurances referred to on the face page are: Tax $19.00 That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A" ATIACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in: The heirs and devisees of Elva K. Deacy, deceased, as to Parcel E; Jeffrey L. Wolfson, as his separate estate, as to Parcel F; and EP Enterprise Properties llC, a Washington limited liability company, as to Parcel G subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Page 2 of8 Printed: 01.30.14 @02:03PM W A-CT -FNSE-02150.6224 76-SPS-1-14-QOO8187 -06 Parcel E: 662340-0053-02 EXHIBIT "A" Legal Description The South half of the North half of Tracts 5 and 6, Panther Lake Garden Tracts, according to the plat thereof, recorded in Volume 9 of Plats, Page 25, in King County, Washington; Except the East 30 feet of said Tract 5, conveyed to King County for road purposes by deed recorded under recording number 791756; and Except that portion thereof conveyed to the State of Washington by deed recorded under recording number 7204110301, Parcel F: 662340-0054-01 The North half of the North half of Tract 6, Panther Lake Garden Tracts, according to the plat thereof, recorded in Volume 9 of Plats, Page 25, in King County, Washington; Together with an easement for ingress, egress and utilities as established by instrument recorded under recording number 20120809000865. Parcel G: 662340-0050-05 The North half of the North half of Tract 5, Panther Lake Garden Tracts, according to the plat thereof, recorded in Volume 9 of Plats, Page 25, in King County, Washington; Except the East 40 feet of said Tract 5, conveyed to King County for road purposes by deeds recorded under recording numbers 791756 and 7204110302. Subdivision Guarantee/Certificate Page 30f8 Printed: 01.30.14@ 02:03PM WA-CT -FNSE-02150.622476-SPS-1-14-0008187-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0008187-06 SCHEDULE B SPECIAL EXCEPTIONS 1. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes and statements, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability. handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on the plat of Panther Lake Garden Tracts: Recorded in: Volume 9 of Plats, Page 25 2. Covenant relating to maintenance of road approach contained in deed: From: To: Recorded: Recording No.: Affects: Raymond E. Deacy and Elva K. Deacy, his wife State of Washington April 11, 1972 7204110301 Parcel E 3. Covenant relating to maintenance of road approach contained in deed: From: To: Recording Date: Recording No.: Affects: Gladys L. Greer, as her separate estate State of Washington April 11, 1972 7204110302 Parcel G 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Purpose: Recording Date: Recording No.: Affects: document Ingress, egress and utilities August 9, 2012 20120809000865 A portion of Parcel G lying within a strip of land 20 feet in width as described and delineated in 5. Notice of On-Site Sewage System Operation and Maintenance Requirements and the terms and conditions thereof: Recording Date: Recording No.: Affects: Subdivision Guarantee/Certificate July 19, 2013 20130719001046 Parcel G Page 4 of8 Printed: 01.30.14@ 02:03PM WA-CT -FNSE-02150.622476-SPS-1-14-o008187 -06 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) GUARANTEE/CERTIFICATE NO. 0008187-06 6. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: Tax Account No.: Levy Code: Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: Parcel E 2013 662340-0053-02 2128 $210,000.00 $72,000.00 Billed: Paid: Unpaid: $4,116.58 $0.00 $4,116.58 7. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: Tax Account No.: Levy Code: Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: Parcel E 2014 662340-0053-02 2128 $210,000.00 $93,000.00 Billed: Paid: Unpaid: $4,434.21 $0.00 $4,434.21 Note: If the tax amount is not evenly divisible into two payments, King County will require the half payment be rounded up to the next cent. Failure to round up the half payment may result in rejection of the tax payment by the county. 8. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: Tax Account No.: Levy Code: Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: Parcel F Subdivision Guarantee/Certificate 2014 662340-0054-01 2128 $156,000.00 $0.00 Billed: Paid: Unpaid: $2,280.58 $0.00 $2,280.58 Page 5 af8 Printed: 01.30.14@02:03PM W A-CT -FNSE-021S0.6224 76-S P 8-1-14-00081 87-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0008187-06 SCHEDULE B (continued) 9. General and special taxes and charges. payable February 15. delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: Tax Account No.: Levy Code: Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: Parcel G 2013 662340-0050-05 2128 $160,000.00 $52,000.00 Billed: Paid: Unpaid: $3,107.03 $1,553.52 $1,553.51 10. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: Tax Account No.: Levy Code: Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: Parcel G 2014 662340-0050-05 2128 $160,000.00 $68,000.00 Billed: Paid: Unpaid: $3,340.98 $0.00 $3,340.98 11. An oil and gas lease with certain terms, covenants, conditions and provisions set forth therein. Dated: Lessor: Lessee: Recording Date: Recording No.: Affects: April 3, 1967 Raymond E. Deacy and Elva K. Deacy, his wife J.Q. Anderson April 26, 1967 6167523 Parcel E 12. Purchase and Sale Agreement Between: And: Recording Date: Recording No.: Affects: SubdivisiOn Guarantee/Certificate Jeffrey J. Wolfson, andlor assigns Tom and Shirley Gough, husband and wife, andlor assigns September 9, 2005 20050909000472 Parcel F Page 6 af8 Printed: 01.30.14@ 02:03PM W A-CT -FNSE -02150 .6224 76-$ PS-1-14-000818 7 -06 CHICAGO TITLE INSURANCE COMPANY 13. Notice on Title (Right to Purchase): Given by: Recording Date: Recording No.: Affects: Rebecca Rockas February 1, 2006 20060201001562 Parcel G SCHEDULE B (continued) GUARANTEE/CERTIFICATE NO. 0008187-06 14. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: $40,000.00 August 13, 2009 Trustor/Grantor: Tnustee: Thomas A. Gough and Shirley M. Gough, husband and wife Pacific Northwest Title Insurance Company Beneficiary: Viking Bank Loan No.: 1048007239 Recording Date: August 20, 2009 Recording No.: 20090820000981 Affects: Parcel G An agreement to modify the tenms and provisions of said deed of trust as therein provided Recording Date: Recording No.: October 19, 2009 20091019000424 Said agreement increased the loan amount to $75,000.00 15. Pending probate proceedings in the estate of Name of decedent: Elva K. Deacy Date of death: May 3, 2012 County: King Court: Superior Case No.: 12-4-03699-1 Personal Representative(s): Tammy Deacy Attorney for the Estate: Enoch V. Maffeo The personal representative(s) has been granted non-intervention powers to sell, conveyor mortgage the Land. Affects: Parcel E 16. A deed of trust, security agreement, assignment of leases and rents and fixture filing to secure an indebtedness in the amount shown below, Amount: Dated: Tnustor/Grantor: Tnustee: Beneficiary: Recording Date: Recording No.: Subdivision Guarantee/Certificate $180,141.00 July 18, 2013 EP Enterprise Properties, LLC, a Washington Limited Liability Company First American Title Company Rain City Capital, LLC, a Washington Limited Liability Company July 19, 2013 20130719001048 Page 7 of 8 Printed: 01.30.14@ 02:03PM WA~CT -FNSE-02150.622476-$PS-1-14-0008187 -06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0008187-06 Affects: Parcel G SCHEDULE B (continued) 17. A deed of trust to secure an indebtedness in the amount shown below, Amount: $154,250.97 Dated: July31,2013 Trustor/Grantor: The Estate of Elva Deacy Trustee: Chicago Title Insurance Company Beneficiary: Westpac Development LLC, a Washington Limited Liability Company; and Conner Homes Group, LLC, a Washington Limited Liability Company Recording Date: August 2, 2013 Recording No.: 20130802002109 Affects: Parcel E 18. Please be advised that our search did not disclose any open mortgages of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. Affects: Parcel F 19. Terms and conditions of the limited liability company agreement for EP Enterprise Properties LLC. Affects: Parcel G 20. Your application for title insurance was placed by reference to only a street address or tax identification number. Based on our records, we believe that the legal description in this report covers the parcel(s) of Land that you requested. If the legal description is incorrect, the seller/borrower must notify the Company and/or the settlement company in order to prevent errors and to be certain that the correct parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: Ptns of Tracts 5 & 6, Volume 9 of Plats, Page 25. Tax Account Nos.: 662340-0053-02,662340-0054-01 and 662340-0050-05 Note: Any map furnished with this Guarantee/Certificate is for convenience in locating the land indicated herein with reference to streets and other land. No liability is assumed by reason of reliance thereon. END OF SCHEDULE B Subdivision Guarantee/Certificate Page 8 of8 Printed: 01.30.14 @02:03PM W A-CT -FNSE-02150.6224 76-5 PS-1-14-0008187-06 SUBDIVISION Guarantee/Certificate Number: Issued By: ~) CHICAGO TITLE INSURANCE COMPANY 0002779-06 Second Guarantee/Certificate CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Countersigned By: Authorized Officer or Agent Subdivision Guarantee/Certificate Page1of11 Chicago Title Insurance Company By: Attest: President Secretary RECEIVED FEB 1 3 2014 CITY OF RENTON PLANNING DIVISION Printed: 12.03.13@11:07AM WA-CT -FNSE-02150.622476-SPS-1-13-0002779-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0002779·06 Second Guarantee/Certificate Liability $1,000.00 ISSUING OFFICE: Title Officer: Seattle Commercial I Unit 6 Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Main Phone: (206)628-5610 Email: CTISeaTitleUnit6@ctt.com SCHEDULE A Premium $350.00 Effective Date: November 22, 2013 at 08:00AM The assurances referred to on the face page are: Tax $33.25 That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in: Douglas F. Worth and Lea H. Worth, husband and wife, as to Parcels A, Band C; Donn Leslie Lansing and James M. Denzer, as their respective separate estates, as their interest may appear, as to Parcel 0; The heirs and devisees of Elva K. Deacy, deceased, as to Parcel E; Jeffrey L. Wolfson, as his separate estate, as to Parcel F; and EP Enterprise Properties LLC, a Washington limited liability company, as to Parcel G subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Page2of11 Printed: 12.03.13@11:07AM W A-CT -FNSE-02150.6224 76-8 PS-1-13-0002779-06 EXHIBIT "A" Legal Description For APN/ParceIID(s): 322305-9344-06,322305-9273-01, 322305-9148-04, 322305-9123-03, 662340-0053-02, 662340-0054-01 and 662340-0050-05 Parcel A: The South 16.50 feet of the North half of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 32, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; Except the East 340 feet thereof; and The North 83.50 feet of the South half of the Southeast quarter of the Northeast quarter of the Southwest quarter of said Section 32; Except the East 340 feet thereof. Parcel B: The West 150 feet of the East 340 feet of the South 16.50 feet of the North half of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 32, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; and The West 150 feet of the East 340 feet of the North 83.50 feet of the South half of the Southeast quarter of the Northeast quarter of the Southwest quarter of said Section 32. Parcel C: The East 190 feet of the South 16.50 feet of the North half of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 32, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; and The East 190 feet of the North 83.50 feet of the South half of the Southeast quarter of the Northeast quarter of the Southwest quarter of said Section 32; Except the East 30 feet thereof conveyed to King County for road purposes by deed recorded under recording number 791759; and Except that portion thereof conveyed to the State of Washington by warranty deed recorded under recording number 7206210426. Parcel D: The South half of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 32, Township 23 North, Range 5 East, Willamette Mieridian, in King County, Washington; Except the West 240 feet of the East 270 feet of the South 120 feet thereof; and Except the West 125 feet of the East 155 feet of the North 15 feet of the South 135 feet thereof; and Except the North 83.5 feet thereof; and Except the East 30 feet thereof as conveyed to King County for road purposes by deed recorded under recording number 791759; and Except that portion thereof conveyed to the State of Washington by warranty deed recorded under recording number 7208240314. Subdivision Guarantee/Certificate Page 3 of 11 Printed: 12.03.13@ 11:07AM WA-CT -FNSE-02150.622476-SPS-1-13-0002779-06 Parcel E: EXHIBIT "A" Legal Description The South half of the North half of Tracts 5 and 6, Panther Lake Garden Tracts, according to the plat thereof, recorded in Volume g of Plats, Page 25, in King County, Washington; Except the East 30 feet of said Tract 5, conveyed to King County for road purposes by deed recorded under recording number 791756; and Except that portion thereof conveyed to the State of Washington by deed recorded under recording number 7204110301. Parcel F: The North half of the North half of Tract 6, Panther Lake Garden Tracts, according to the plat thereof, recorded in Volume 9 of Plats, Page 25, in King County, Washington; Together with an easement for ingress, egress and utilities as established by instrument recorded under recording number 20120809000865. Parcel G: The North half of the North half of Tract 5, Panther Lake Garden Tracts, according to the plat thereof, recorded in Volume 9 of Plats, Page 25, in King County, Washington; Except the East 40 feet of said Tract 5, conveyed to King County for road purposes by deeds recorded under recording numbers 791756 and 7204110302. Subdivision Guarantee/Certificate Page4of11 Printed: 12.03.13@ 11:07AM W A-CT -FNSE-02150 .6224 76-SPS-1-13-OD02779-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0002779·06 Second Guarantee/Certificate SCHEDULE B SPECIAL EXCEPTIONS 1. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: Puget Sound Power & Light Company Electric transmission and/or distribution lines and appurtenances January 23, 1979 7901230675 The North 5 feet of the East 200 feet of Parcel D 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in documents: Granted to: Purpose: Recording Date: Recording Nos.: Affects: Soos Creek Water and Sewer District, a municipal corporation Water line(s) and appurtenances July 17,1992 9207171283 and 9207171284 Portions of Parcels A, Band C as described and delineated in documents 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Purpose: Recording Date: Recording No.: Ingress. egress and utilities August 9, 2012 20120809000865 Affects: document A portion of Parcel G lying within a strip of land 20 feet in width as described and delineated in 4. Covenants, conditions, restrictions. recitals, reservations, easements, easement provisions, dedications, building setback lines, notes and statements, if any, but omitting any covenants or restrictions. if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on the plat of Panther Lake Garden Tracts: Recorded in: Volume 9 of Plats, Page 25 Affects: Parcels E, F and G 5. Covenant relating to maintenance of road approach contained in deed: From: To: Recorded: Recording No.: Affects: Subdivision Guarantee/Certificate Raymond E. Deacy and Elva K. Deacy, his wife State of Washington April 11, 1972 7204110301 Parcel E Page50f11 Printed: 12.03.13@11:07AM WA-CT -FNSE-02150.622476·SP$·1·13·Q002779-06 , CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0002779-06 Second Guarantee/Certificate SCHEDULE B (continued) 6. Covenant relating to maintenance of road approach contained in deed: From: To: Recording Date: Recording No.: Affects: Gladys L. Greer, as her separate estate State of Washington April 11, 1972 7204110302 Parcel G 7. Covenant relating to maintenance of road approach contained in deed: From: To: Recorded: Recording No.: Affects: Albert Huvinen and Maxine Huvinen, his wife State of Washington June 21, 1972 7206210426 Parcel C 8. Covenant relating to maintenance of road approach contained in deed: From: To: Recorded: Recording No.: Affects: George F. Lansing and Dorothy Lansing, his wife State of Washington August 24, 1972 7208240314 Parcel 0 9. Notice of On-Site Sewage System Operation and Maintenance Requirements and the terms and conditions thereof: Recording Date: Recording No.: Affects: July 19, 2013 20130719001046 Parcel G 10. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: Tax Account No.: Levy Code: Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: Parcel A Subdivision Guarantee/Certificate 2013 322305-9344-06 2128 $128,000.00 $0.00 Billed: Paid: Unpaid: $1,872.05 $1,872.05 $0.00 Page6of11 Printed: 12.03.13@ 11:07AM WA-CT -FNSE-02150.622476-SPS-1-13-0002779-06 , CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0002779-06 Second Guarantee/Certificate SCHEDULE B (continued) 11. General and special taxes and charges. payable February 15. delinquent if first half unpaid on May 1. second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: Tax Account No.: Levy Code: Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: Parcel B 2013 322305-9273-01 2128 $80.000.00 $123.000.00 Billed: Paid: Unpaid: $2.975.74 $2,975.74 $0.00 12. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: Tax Account No.: Levy Code: Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: Parcel C 2013 322305-9148-04 2128 $75.000.00 $0.00 Billed: Paid: Unpaid: $1,099.64 $1,099.64 $0.00 13. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: Tax Account No.: Levy Code: Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: Parcel D Subdivision Guarantee/Certificate 2013 322305-9123-03 2128 $251,000.00 $42,000.00 Billed: Paid: Unpaid: $4,287.58 $4,287.58 $0.00 Page7of11 Printed: 12.03.13@11:07AM WA-CT -FNSE-02150.622476-SP$-1-13-0002779-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0002779-06 Second Guarantee/Certificate SCHEDULE B ( continued) 14. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: Tax Account No.: Levy Code: Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: Parcel E 2013 662340-0053-02 2128 $210.000.00 $72,000.00 Billed: Paid: Unpaid: $4,116.58 $0.00 $4,116.58 15. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: Tax Account No.: Levy Code: Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: Parcel F 2013 662340-0054-01 2128 $156,000.00 $0.00 Billed: Paid: Unpaid: $2,280.03 $1,140.02 $1,140.01 16. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: Tax Account No.: Levy Code: Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: Affects: Parcel G Subdivision Guarantee/Certificate 2013 662340-0050-05 2128 $160,000.00 $52,000.00 Billed: Paid: Unpaid: $3,107.03 $1,553.52 $1,553.51 Page8of11 Printed: 12.03.13@ 11:07AM W A-CT -FNSE-02150 .6224 76·SP$·1·13..IJ002779-06 '. CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0002779-06 Second Guarantee/Certificate SCHEDULE B (continued) 17. An oil and gas lease with certain terms, covenants, conditions and provisions set forth therein. Dated: Lessor: Lessee: Recording Date: Recording No.: Affects: April 3, 1967 Raymond E. Deacy and Elva K. Deacy, his wife J.Q. Anderson April 26, 1967 6167523 Parcel E 18. Purchase and Sale Agreement Between: And: Recording Date: Recording No.: Affects: Jeffrey J. Wolfson, and/or assigns Tom and Shirley Gough, husband and wife, and/or assigns September 9,2005 20050909000472 Parcel F 19. Notice on Title (Right to Purchase): Given by: Recording Date: Recording No.: Affects: Rebecca Rockas February 1, 2006 20060201001562 Parcel G 20. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor: Trustee: Beneficiary: Loan No.: Recording Date: Recording No.: Affects: $40,000.00 August 13, 2009 Thomas A. Gough and Shirley M. Gough, husband and wife Pacific Northwest Title Insurance Company Viking Bank 1048007239 August 20, 2009 20090820000981 Parcel G An agreement to modify the terms and provisions of said deed of trust as therein provided Recording Date: Recording No.: October 19, 2009 20091019000424 Said agreement increased the loan amount to $75,000.00 Subdivision Guarantee/Certificate Page90f11 Printed: 12.03.13@ 11:07AM W A-CT -FNSE-02150 .6224 76-S PS-1-13-0002779-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0002779-06 Second Guarantee/Certificate SCHEDULE B (continued) 21. Pending probate proceedings in the estate of Name of decedent: Elva K. Deacy Date of death: May 3,2012 County: King Court: Superior Case No.: 12-4-03699-1 Personal Representative(s): Tammy Deacy Attorney for the Estate: Enoch V. Maffeo The personal representative(s) has been granted non-intervention powers to sell. conveyor mortgage the Land. Affects: Parcel E 22. A deed of trust. security agreement, assignment of leases and rents and fixture filing to secure an indebtedness in the amount shown below. Amount: Dated: $180,141.00 July 18, 2013 Trustor/Grantor: Trustee: EP Enterprise Properties, LLC, a Washington Limited Liability Company First American Title Company Beneficiary: Recording Date: Rain City Capital. LLC, a Washington Limited Liability Company July 19, 2013 Recording No.: 20130719001048 Affects: Parcel G 23. A deed of trust to secure an indebtedness in the amount shown below, Amount: $154,250.97 Dated: July 31,2013 Trustor/Grantor: The Estate of Elva Deacy Trustee: Chicago Title Insurance Company Beneficiary: Westpac Development LLC, a Washington Limited Liability Company; and Conner Homes Group. LLC, a Washington Limited Liability Company Recording Date: August 2, 2013 Recording No.: 20130802002109 Affects: Parcel E 24. Please be advised that our search did not disclose any open mortgages of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. Affects: Parcels A, B, C, D and F 25. Terms and conditions of the limited liability company agreement for EP Enterprise Properties LLC. Affects: Parcel G Subdivision Guarantee/Certificate Page10of11 Printed: 12.03.13@11:07AM W A·CT ·FNSE-02150 .622476-8 PS-1-13-0002779-06 .' '. • CHICAGO TITLE INSURANCE COMPANY SCHEDULE B ( continued) GUARANTEE/CERTIFICATE NO. 0002779-06 Second Guarantee/Certificate 26. Your application for title insurance was placed by reference to only a street address or tax identification number. Based on our records, we believe that the legal description in this report covers the parcel(s) of Land that you requested. If the legal description is incorrect, the seller/borrower must notify the Company and/or the settlement company in order to prevent errors and to be certain that the correct parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: Ptns of the Northeast quarter of the Southwest quarter of section 32-23-5; and Ptns of Tracts 5 & 6, Volume g of Plats, Page 25. Tax Account Nos,; 322305-9344-06,322305-9273-01, 322305-9148-04, 322305-9123-03, 662340-0053-02 662340-0054-01 and 662340-0050-05 Note: Any map furnished with this Guarantee/Certificate is for convenience in locating the land indicated herein with reference to streets and other land. No liability is assumed by reason of reliance thereon. END OF SCHEDULE B Subdivision Guarantee/Certificate Page11of11 Printed: 12.03.13@ 11:07AM W A-CT -FNSE-02150 .6224 76-S PS-1-13-0002779-06 CHICAGO COMPANY 701 FIFrH AVENUE, #2300, SEA TILE, WA 98104 PHONE: FAX: (206)628-5610 (206)628-9717 IMPORTANT: This is not a 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. ~.,o;<. : ~~" • ,,> D.' 1 ," ......... =:; '-"'.' '>"A •• ,! ~~ 12. .. .1--"'--,1. ~: ... , ~". 'f"';: .. ": l :;3,. ' >0'_'" '''~ ,W," ~'1"" MAl' RDA ... -' : ~':-'-, ~. '. '" y: . ." ..... ·:S:~~·:~~:i~~:~:{~~::~~'~;~-'< . .; .~~~ ""-\.'::.,,'-' . "!-' .-~;a~·?;~··ii.~:'~;,,-~. '"," -"'~'_"".['-., ... _~ ,~," -;. .. :~: ....... ;:.~ '/~-f;i':~'-:" ';' }.-- . --,-_ ..... ''''.~:~.~._."' ... ;"J ..• _~_:. _______ ~~'''.J __ _ .. ~: ~.-. R,ETURN ADDRESS ~.~irAloI.l~m Ill] GurAL WhlE ""'.err Fi6~W-: &'i! qi"'j .... 11o:,.n.r..ad)l ... " ... --... Document 'nlle(s) (f'IAl...',Ll..HEnlf" ) Ii" I rCll">1 bE~b Refere"". Numbers(s) of related d .. um .... Grantor{s) ...... nr.e .... If .. ......., Grantee(l) eLM, RoII_ .......... ~rrl, b ...... Ar F. .,. W /I. AIIIIIIIII...-.,.._ L.enl Descrlpttoa ....................................... .......",...., ....... ..., 2"i~' SW .. J.l-.;23-0£ Q.34-QO' ruo; ..s·"~!Fr .•• WU'';' rr" I e Itt) Fr, .. ~ MiIIIIDIII ••• fIIKL v,-,;, Assessor'. Property T .. ParallAuouIll Num ..... 3"u3@s-91¥-I-O .wIIIII.I~ ~I."_ TIll " .... fI«.-..... ..., ................................................ --."".....,.., --, .................. WwwIIII ......... ..... _""PIiiOICooOwcIAl No ~"\CR;( IlitCo. __ Ely '0\'&.1(""-. Doputy Public Record vl':::r ~. ,,\. t' orner: NOh=uruer seami OOC. Kt.1998 9805211362 page1m6 created BY: bloedel PtIhted. 10]242013 9.15.11 Api PSI - > Attar baor4J.at Pi .... a.turn tol ."'Da._, ... ~ con~.aot Pln41., "-ZOll P. O ...... IU' 101 •• , ID .3733 'tJIZ 0MJ'l'0I., W •• t One Bank~ "lIIiD9'tOn, for aDd in c .... U .... t:1oD ot tOllfillMllt .f • _1 latata COntract, COIlY8YII ..,.,. qu1tcl.at.. to DaU4J1U P. werth an4 .... S. _. _..,.,. vU •• tile 'oU_lot _~ ... 1 utata. altuate4 111 _ l!allnty of .in'l, 8bu of W.llhlJM)tan, includintJ any after aeqa:f.re4 ti'tl., to-wit: See attached. Bxh.1blt ·A-.. m1 .... ed 1. 91_ 1n fu1tl1lunt o. tbat ovta1ll ... 1 lilteta eontt'act d.ted: April 3, 197', and t'~ on Hay 215, 1978, under &iJ19 COUDty Auditor'. '11. lIuber 7.012U0I3~ R.al .. tate axei .. tax va. paid on tilt. .ale on. llay 26, 1918, ~.r a.o.lpt ~ a.471051. _TI or IDAHO ••• County at Ma I ~ty _t I _ O. bo". Htlof.-.y ... _ tbot ~'"~ n~~ b the penon ¥tao appeued befOl" .. p;n...iidijid tbat ... al9l*l tblo laII_t. OJI oatb .toted tile" h. wo. llItIaod t. _ tile 1o.-t ..,.,. __ 1"""ed 1t I. _ .,. of ••• t __ • VuhlRgton, ta be tile tn. ... WI of ._ puty 'w the un. 4IIIdI ~ •• ..ntioneil 1ft tba t. DlITRO tb1a £ day af 9d"u. t~ • 1111. ",if<!;i-,";,\ '!'"t:-.;~:':;:;;:::;;'~ .. , '~'i!:",\ .... ~"fI'.". 'i..." _ .' ....... ___ ••• , • __ ... ~ ", _ • ... lkder: Nbh-Dfdet seam. DOe. Kt.1998 9805271362 Public Record Page 2 or 6 aeated BY. biU@d@i PfliiteU. IU}2420I3 9.15.11 AM PSi N ppm ., -.""tII 11. SO fMC of tile IIOrtI1 balE of tile IOIltbauc qu&:rter of tba !IOftheut quart., of tJ. .outhwe.t quarter o! SeotiOD l a I BIarP'1" the ... t. 150 t •• t o~ the eut "0 :f .. t tbueof, u4 t.be AOZth .3.50 !' .. t of tbe IIOUth half o~ t.h4I 8O\I.t!wut quarur of tile northu.st qwaft:1lI' of tbe 1IOUtbw..t quarter of ieC!tiao 321 2ICBPr tll"" __ t 150 feet of the ... t 340 r .. t ~f', At.t, :I.n ~ht» 23 lfcrtb, RaDga 5 lut .. ".M., in I1Dg CauAty, ~, BICIPl' tile a.t: to feet of tile Ibcmo "".crll>ec! property as """,.,id to t:ha State of I'uIrlngtoa fOJ< """'" ___ Imdar ~ c:oua.ty ~ ...... 72012104l', 'tltiIfI_'1It!W-iii' ARiitii'·lan,;gr"ii;-~-uan.m. mr~ _til ao &.t of the nc%th 8J .50 fMt of __ til ball of the -thaut _er of tile _t quartar of tbe _t-"t _r of .aid. _ion J2, DCIIPr any portiOll _reot lying wltlWl .. _ ""_!..bed main tnot. pnnn· It BID or lIZImIrr A ~--... ~----... -~--. __ ..... _._--. -... _--. -............. -.. --.... ~. & ~ III Ofder: NOi'i=uraer seato! ooe, KC,I998 98052)1362 Public Record Page 3 01 6 I veated By: tiloedel PHhted: 1O}242013 9:15:11 AM PSi ":1'1"'" I I I ,aga: 1 ~c .... , ~ •••• or ..... ~ ~: ]2230S·'34~-O 'l'AXPAYEIl 1IAMB; WOITR DOtIGloU F LEGAL CUatJP'l'ION -PAGE 1 LOr lILOCIt S :6.50 FT or _ lIz or SE 1/4 sa 1/' Of' n 1/4 OF $V 1/4 la.TBD ocroaa. ... l'SOl 980S271362 JC::tlllG COUNTY DBPAR'l'MENT OF ASSUSMBNTS RIaL PROPER'r.( LBOAl. DESCRIPTIOJII' PROPEln'Y ADDUSS t 0 PAIUOaO·Sl OSi27/t. OTR, SV SECT, 32 TNK: 23 RIGs OS ~IO: 2~8Bo.-XING CO SUlAREAl 0)0-001 NO'l'I:. READ LEQA.L LINES t.Bf"'l' TO RlCiHT' ACROSS SCREEN. PLAT; OF NB 1/4 OF $If 1/4 t.aSS B 340 P'l" LBSS Ii: ~40 n ---XC SBPARATE --- TaN N Il.!O FT OF S l/Z or LOT RBVI8H NO S tlMO071 ••• END OF LEGAL DES~lPr1ON. ( 0.1) lIIEXT AC'OXIIrr: 322305 934" CI JtDIP CODE: BMTBR-PFI--PF2--PP3--P'4.--PP5--PF6 •• PF7--.F8 __ PF9 __ PFI0_PFlI-PF12-PFIl-PF14-PF15-PF16-PF17-PPla_P71'_PP20_PF21_PF22-PP23----PP24-- HELP DIll MENU CHA1l RC'IB HIST.LBOL BRON PF-REl3 HDIO-+ Dat~: S/27/tllT1m., 01,~9:34 ~ .' !':-.'::- •~, rt. ~,~ ~~ t~ b ;~. '::~ ;., ,. I'll iJ'j I , pap I 1 :Doc\mIenc. N_~, bee •• or AS" ACCOUNT HUMBER; 322305.9213-0 'l"AXPlLYSR NNU:; WORTH OODGLAS P 9S0S271362 KIlfO I:OUIITr DEPARTMENT OF ASSESSMDfrS R.EN. PROPERTY" I..EQIU, DBSCRIPUQN ... < •• PROPERTY ADDRESS: 11'35 lOaTH AV SE '1055 QTR, SW S8CT: 32 TMN: 23 RNa I D5 POLIO, ~21.'-- PAlllO_O-51 05/:27/', XlIIG co S~I 03D-001 LBC».I. PBSCiUPTION PAGE 1 LOT BU>CI< NOTE: ~ LEGAL t.IN£S J..ZPT 1'0 R.IaIll' ACROSS SCRKDf. PLAT: W lSO FT OF E 3~O PT OF S E ltO PT OF • Il.SO FT OF S 1/2 16.50 PT OF N 1/2 OF 9B l/t OF OF BE 1/4 OF HE 1/4 OF .. 1/4 lIE 1/4 OF' SIt l/t ALSO .. 150 PT OF .. .. • Elm OP t.BGAL I)Z$CRlrrlca.. I 0.1) NEXT ACOOOHT; 322305 9273 0 JUMp ODDS: EHT£R-PF1--PF2--PF3-.PF'--P'5--~'.-PF7--PF8--PPI __ PFIQ_PF11_PF12-PF1l-PF1.-PF1S-PT16-PF17-PFla-'Fl~-'P20_PF21.PP22_PP23_.:_~_~_~.,.~ •• = __ HELP END MENU OIAR .cva HUT ~ BIOM PF-HILP 1mRD+ I.. ~.-:..: E:;:-''''5 ":"1_: Cl :.;~::)S 'il': ! -... \ j-•. f~ :.~.:':-::".:' t I ! ' ., ... ,,"(. t .. ~~ . I' ; e ' 1 -[ ! .:'" .~ .. i~; I :",', "." • 9805271362 1"&9.: 1 ooeu .. nt If .. : _~.!.. • ..!~. __ . ""3d ACCDDNT MCNIEl: 322)05~'1~'.O TAXPAYBR NAMEI MOam DO'tJIlJAS F UGAl. DESc:l.ltTZOZI' • PAGE 1 LOT BLOCK B 1.0 Fr OF I 1'.50 FT OF I 1'0 IT or • '3.50 PT OF ICC UPMAn t.oT UVIDI ItING COONTY DEPU'l'MEln' OF ASSESSMItn's REAL PROPERTY l.BGAL DESCUPTIOB PROPUTY ADDUSS: 0 QTR. SW SECT: 32 TMN, .i RIG: OS FOLIO: 228'5-~ .NOTliiI: READ LeGAl. LINES LZFT' TO RIGHT ACROSS SCJI.EDI!. PLa.'r; N 1/2 OF :u 1/4 OF NI 1/4- S 1/2 OF SE 1/4 OF HE 1/4 190 S UM0071 DA"lZO --OF 8N 1/1 LESS CO ltD TCIf OF !lit 1/4 loUS co RtI OCTODIR 4:. l.t U. • PAIllOIO-st D5/2'7/" ._ co SUBAREA; 030-001 to * .. !ltD OF LEGAl. CESCRlP'l'It1f. ( JID'l' ACCDuNTt 322305 un 0 J'1lMP amE: ~-PFl--P~--PFl--PF4--PF5--PF6--PF?--P"-_PF' __ PF10_PF11_pr12-PP1~-PF14-PF1S-PP~6-PF17-PF1e-p71'_PF20_PF21_PF22_P.r21_,:_C_C_'Pii""O'~ __ DLP BRD MENU CIVoR RCV3 SIST LBGt. now PF-KIl.P MIDItI'+ 0.1) Dace: 5/27/98 rima: 01;41:43 PH RETURN ADDRESS r'kIlC ""'" _II~ .... ry,r ....... Document Titlo(s) S7lITl-fl1>"'1 "',,/iI'.Ny,bCfb Referenre Numbers(s) or rellted """aments Gran'or(s) (LMI, rIrII .......... ....., dirHAM> ElbM.4L. .lGv,Af6:.t JHNIt ('rantee(s) u ... ,""' ........ ' ... 1111 • ~I""""'I"""- ~"""DI"_ ~ J.2.,,\fpl Destriptloa ~flra:I.t."',IWed."" • ..u., .......... ~._ ... ,_bi., :;tv-j,J.-.l~-Q.r (HO-Clpl flit! '1'".40 at' "JlI. 'f.s(Vy .. , _ Wise f.T "" E..$'tO/T ill" .s ••. " f 'Yo f:r of ); "~Sf r-r fif' '" ~L ". ......... ..... II l1li Jlll'l't.l. 't1L,(, Assessor's Property Tn ParaIlAocoaat Nlllllber Jll3(),s--2f'f&)-Q 31.2 3At .. UU-O .:J.;13Ql.t-'4t''t' ... 0 ~""""'-IIIP_ till' " .... .,fIt'""*" .. ..., ...................... _ ......... _1IIft ......... ..-.. .. ....., ... "_J ... ~fI~"""~~""" EBiIIT .. PeldonCorWdAlNI. ~ flU..:> I Killgc.. __ By ~)\Y-'J'J7"''\ . Cop'1\' Otder. hiOrH:rraei seattli DOC. KC.1998 9805211363 Public Record Page 1 Of 6 , oeated BY. Oioedel Phnted. 10}22J2013 9.15.14 AM PSi - STATUTORY WARRANTY DEED ~1lRQI1lII.~A .. RUP.l!fIlIlRII.III.IIZ!.II.I.JSillAolV!NlmmlUlW!ltaI!L.. ______ ICnnlGr, SBI!I!XHIIIIT W ATTAClfEOHBItIrrO 'TIthpqllrt, M fIWIaf .... 1IIII .......... fUCCKn: S ... je<t .. _-, __ ... -.udripUClfwoyofm:ord,ihIlY. nATP; Of OIP.GON. COONTY Of MaIhoq p. ""'----......... L., .. Npyppbcr 19.1Lbf (700111 4ka'f'lM<a (1,wir4.d ofllRQl.m..,....A(. SAYINOS BANI PIp rimir' 2 1 tIMI-io!nmnI !!II am"" ID IIiIIpity _gel CIt hc:IpIf of its Igrd ofdjrrnm _ToI""""'c..Al.No. IE: 41lCG, ~Co. __ - III' \%utpl\ .~ -, j • --------------'---a .PARal. A: The south 16.50 feet of the north half of the eouthe •• t quarter of the northeast quarter of the .ou~hw •• t quarter of Section 32. EXCEPT the west 150 feet of the eaat 340 feet thereof; and the north 83.50 feet of th~ south half of the 8outhe •• t quarter of the north ••• t quarter of the 8outhwe.t quarter of Section 32; EXCEPT the welt 150 t •• t of the •• st l4Q feet thereofr ALL in Township 23 Korth, Range 5 bat, W~H., in lUng County, Wa.tling-toD; EXCEPT the .ast fO feet of the iIIbove d •• t:dbed propeny al coaveyed to the Stat. of Wa.hJngton for road purpoe.. under Xing COUnty Recording Number 7206210426. TOGETHER. WITH an ea8ement for ingre... agra.1 and. utlliti .. 0.." the Slouth lO teet of the north 13. so feet of the IQutb balf of the . aoutheast quarter of the norehe.Bt quarter of tM .outhwllt qu:uter of said Section 32; . EXCEPT any portion thereof lying within the above described _1ft tract. PARCEL B: The west 150 teet of the east 340 t.et of the aouth 16.50 feet of ~he north halt of the southeaat quarter of the northeast qua~ter of t.he 80uthwest quarter; . .:, ALSO the vest 150 feet of the e.et 340 feet of the north 83.S feet of t-he south half of the .outhe •• t quarter of the northeast qwt.rter ,': . r)f the southwest quarter of St!ction 32. ToMlIIbip 23 Morth, Range S ~., I-;ut'r W.M. in lUng ('ounty, " .. ahington. { Public Record Ottier. NOh~Order search DOC, KC.1998 98052J1363 Page 3 O' 6 aeated By, bloeCle1 prrnted. 1O}242013 9.15.14 Aiol PSI II ::i,,' :A· "I,' ;:f- r '1G! :.-~ ~·t ~ -, C; , ~J. /J "j,:'. " ,t-, ·~t /: ": I P.~I 1 DocUitent "11M, AII •••• cr ,..lO ACODUNT NUMBER: 322105-'213_0 TAXPAYER lQM£, WORTH DOCou.s ~ 9805271363 KING COUNTY DEPARTNENT OF ASSJlSSMDrrs R&IU. PROPERTY t.BWU. D&SCRIP'l"tOll' PROPERTY ADDRESSI 1"'5 lOaTH AV S£ '805S QTR: 5W SECTI 3:2 ntN", 23 lUIG: 05 FOLIO, :u.,&-- PA1l.10eO-Sl. OS/2'?/t8 ""'" co ~; OlD-DOl NOTE: REAl) 1.BGAJ;" l.INES LEFT TO RIGHT ACROSS SCREDII. PLAT: LEGAL DBSCRIPTION PAGE 1 LOr BLOC" W 150 " OF E 340 rr OF S E 340 7T OF » 83.50 IT OF S 1/2 16.50 FT OF N ~/2 OF sa 1/4 OF OF BE 1/4 or HI 1/4 OP sw l/t D 1/4 OF SW 1/4 ALSO W 150 F'1' OF • • • mID OF t.BlaL Da8c:RIPTIOJr" I 0.1) NEXT ACCOUNT, 322305 '213 0 JDMp CODE: ENTER-PF1--pr2--PFl--PF4--PF5--PPi--PF1-_PFI __ PF' __ PFlO_PF11_PF12-PPIl-PFl.-PF15-PF1'-PP11-PPII_PPl'_PP20_pp21.p.pa~_pP2)_~_~_~_"~.~.~ __ Qt.. Dm MIIM'CJ CSM RCYliI KIST UGL BRew PP'-DLP MDU .. \ ~.~e: S'::'··'9f ':';.mll': 'C:':4'S:C~ 'PP< I L .; 'j . , .\ .1 ··:",~:.f '. ~'.' I 1t;P':':~ P.9.~ ~ DOCume~~ NaMe, ~ ••• Qr AS .. ~ NUMaZRI 322305~'~4'-O 'l'AXPAYBR 1'fAMB I NORTH 00UGl.A.S P LEGAL tlBSCJUPTIOlil -PAGI ~ LO'f BLOCX E 110 rT or I 1&.50 FT OF • 190 PT OP • 83.50 PT OF ItC SZPARATI: LeT REY18W 9805271363 KIlfO COUR'lY .D8PAR'lMDT or ASDSSMDTS J!.£AL PROPERTY LBGA.L DBSCRIPnCfi PROPBRn ADDlt88B ~ 0 QTR: SW SSCTI 32 ~: 23 INC; OS FOLIO: 2288&-- NOTE ~ R%M) LEGAL LIHBS LEPT '10 RIGHT ACROSS Sc:R3.BlI, PlAT: N 1/2 OF 811ft OF KE 1/. S 1/2 Of' SB If4. OF JIZ 1/. 110 5 91M0071 DATED ~ or 8M' 1/<& LBSS co JU) Tal' or ., 1f4 taSS co JU) 0CT08U. ". U9l e PAlllOIO-Sl OS/27}9I JWIQ co ~: 030-001 .... mm' 01" ~ DaSaUPT.tClf. t o.:u NEXT ACO:ICWl'I 122305 U'I " JIlMP c:or>Zl ~"' ... :r:o EXrBR-PP~--,p2--.rl·-pp'--PP5--PF,--pF7--pr8--PF9 __ PFIO_PFI1_PF12-PF13·PPlt-PF1S-PF16-.Pl7-PPlI_PF1,_'P20_.F21_VF22_PP2l_~--Pf1,, __ HELP am MDft1 0lAR RC\IB K.IST LEct. .RaW '''-HIELP MIIIID+ l)&t:fII: !.12'/9I "riCH: O!.I4i!43 PM i I,"",' Pa;.~ ~ Docu.en~ "*me; ~ •••• or .... ACCOUNT.uM8BR1 322305-93.4-0 'D.XPAYD __ I 1fOJt'nf ~ f' LE<aL DlUlClttPTl:Olf -PAGB 1 LOT BLOCI< 8 16.50 PT or • 1/2 OF BE ~/4 sa 1/4 or HE 1/4 OF SN 1/4 D1tTEZ) 0CT0aER 4, 1.111 980S271363 naG ~ DBPARTMIIn' OF ASSESSMBIIrS lUUIl. nclPERTY :t.BGa.L DI!:SClUPnOM PROPBItT'l ADtIItBSS: 0 or.a~ SN SECT: 32 TNN: 2~ ~: OS POLIO: 22'.'-~ pAIllO'a-a OS/2:7/" KING co S~, 030-001 JJO'I"E.= RBAD LEGAL Ltns LEFT TO alGIIT' AC208S SCREEN. PLkT: 0' n 1/4. or S1t l/t LISa B 340 PT LBO :£ 340 PT ---KC SB'AIlATB -- TUN N B3.50 PT OF S 1/2 or LOT REVIEW NO S t:1MOD71 ... • • END OF LSGr.l. DBSCR:IPT:::011'" ( 0 .1) NEXT ACCODNT1 322305 134~ 0 JUMP CODE: EPTIR-PFl--PP2--PP3--PPt--P7S--PFG--PF7-·PFI--P"--PFlO-'FI1-PFl2-PP13-pP14-pr15-PF1.-PF17-pPla-PF1~-pr20-PF21-PF22-Pf23.---iiit-- HELP END MDU OIU. RCVB HlST LEal. UOW PP'.Kllo' MIEH'lh. Dat.e: -S/27/9"8Tillltll 0]':019:34 !PM i .-. , .. • 20080509001333.001 WHEN RECORDED RETURN TO: Bobbi O'Brien 19707 SE 128'" Way Issaquah, W A 98027 E2345329 !tt .. 'I ... 12:31 :1fI COUIm. IIA 'lUI SPECIAL WARRANTY DEED (Trustees Deed) Grantor(s): Bobbi Lou O'Brien and Donn Leslie Lansing.. successor Co-trustees _I OF "I Grantee(s): Bobbi Lou O'Brien. as ber separate estate and Donn Leslie Lansing. as his separate estate Legal Des!:.: Tax Parcel No.: SII2 SEI/4 NE1I4 SWI/4, 32-23·05, LESS 83.5 FT AND LESS 5135 FT OF E270 FT EXCEPT J J5 FT OFN15FTm OFLESS CO RD 322305·9123-03 GRANTORS, BOBBI WU O'BRIEN and DONN LESLIE LANSING, Successor Co-Trustees of the DOROTHY B. LANSING TRUST dated July 13, 1995. for and in consideration of distribution from trust to beneficiaries, bargain, sell and convey aU oflheir right. titJe and interest to BOB81 LOU O'BRIEN as her separate estate and DONN LESLIE LANSINO as his separate estate, in and to the following descnbed real estate, situate in the County of King, State of Washington: The South 1/2 of the SE 1/4 oftbe NE 1/4 of the SW Yo, Section 32, T23N, R5E, W.M., LessN 83.5 FT and Less S135 FTOFE 270 FTEXCEPTW 115 FT OFN 15FT TbereofLess CO RD. County of King, State of Washington SUBJECT TO any rights, restrictioIUl, reservations, easements) conditions, and covenants of record. DATED May 5. 2008 STATE OF WASHINOTON ) ) ss: County of King ) I certify that I know or have satisfactory evidence that Bobbi Lou O'Brien is the person who appeared before me, and said person acknowledged that she signed this instrumen~ on oath stated thai she was authorized to execute the 'it r~ -, .' 20080509001333.002 ins~nt aDd acknowledged it as the co-trustee of the Dorothy Lansing Trust under instrument dated July 13, 1995, to be the free aIld voluntary act of sllch party for the uses and purposes mentioned in the inslrument. OJ UDder my hand and official seal on this \;'\'1.. .:Ii lit! &4 ' 2008 tc..k, Is-JAk Name: '111'\ 11\(.,,-, ~ NOT AR Y PUBUC for the State of Washington My appointmontexpires: ~ -\ 10'11) STATE OF WASlDNGTON } ) ss: County of King } I (;enify that 1 know or have satisfactory evidence that Donn Leslie Lansing is the person who appeared before me, and said pcr.;on acknowledged that he signed this instrument, on oath stated that he was authorized to execute th. ins ment and acknowledged it as the co·trustee of the Dorothy Lansing Trust under instrument dated July 13, 199 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. der my hand and 0 cial .eal 00 this 1iJt1. or MAo'f • 2008 Public Record oroer. NOIi·Otder searai DOC: Kt:2008 20080509001333 Page 2 Of 2 mated BY. b16CdEi F1lhted. 1072212013 9.15.15 AM PSI 2010091 ,0000; 5.00 I AfTER RECORDING RETURN TO: Donn ulnsin.g [4620 205'~ AYe SE Rcnlon. WA 98059 E2458667 Qf,!'/ZI'Jv":ZS slN CCUrt ,1M ts .... "_M SPECIAL WARRANTY DEED PAIOI-tll QIII" Nt The Grantors, James M. Denzer, a married man as his separate e8late, and as sole successor of his deceased previous wife Bobbi Lou O'Brien (who owned an undivided one-half interest), and Shirley Jo Denzer, his current wife, who joins to establish spousal consent, for no valua.ble consideration but by way of gift to fulfill the wishes of grantor's husbands deceased wife, does now reserve to hirnselfthree-tenths (3/10) therein, but bargains, sells and conveys an undivided two-tenths (2/ I 0) interest therein to Donn Leslie Lansing, a single man (thereby increasing said grantee's undivided interest from one·half to seven-tenths), in the following described property situated in the County of King, State of Washington, together with all after acquired title of the grantor therein (as to the fractional interest herein conveyed and not otherwise): The South 1/2 of the SE 114 of the NE 1/4 of the SW 1/4, Section 32, T23N. ruE, W.M., LessN 83.5 FT and Less S 135 FT ofE 270 FT: Except W liS FTofthe N 15 FT thereof: Less CO RD; Together with lilly and all appurtenances and easements of record benefitting said property. and subject to any and all rights. encumbrances. covenants and restrictions of record arising under grantor's predecessors and not otherwise. DW), DENZERl/F/o LANSING, TIL NO. 322305.9123, PAGE I or2 Public Record oraef. i~On·ordet SEarth OOC. KC.2010 20100917000075 Page 1 or 1 oeated BY. bioetJel Pfitlted. 10/242013 9.I5.16AjYl PSi r 2D1DOgi'UbUb'S.OO~ STATE OF WASHINGTON t .. COUNTY OF KING r I cmify that I know or have satisfactory evidence that JAMES M. DENZER is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his tree and voluntary act for the uses and purposes mentioned in this instrument. Dated: ~?t? ZOIO r"l F III -'""Ii! N<1b17 hIillo = 8_ oaf yuill ....... ~ GAIL t. GIBSON I MY'=::'=- STATE OF WASHINGTON} " COUNTY OF KING lGOtary Public in and for the Stale of Washington Residing at King County My appointment expires: 2.. f:fI' 13 NOlary Name: C,IttL L i.3£W ( certify that I know or have satisfactory evidence that SHIRLEY JO DENZER is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and pmposes mentioned in this instrument. DOled: ~ ~ 2eleO ,,-lldIlUIlIIIUIIINIIHRIIltulllIMlat;II I Nota." Pub.l. Ii = 8t.i. 01 W.lhbafloa i !Ii GAIL L. G;:JBSON L:COMMISSION EXPIRII r.bNary 21, IOU ..... MIII .. ftotary Public in and for the State of Washington Residing at King County My appointment c)l.pires: L 24P0 Notary Name: 4""L L t:.t"""- DEED, DF.NZF.R IlFIo LANSING, TIL No. 32230.5.9123. P .... oo2 of2 Public Record Otder. Non-(R'iJer Sedfoi DOc. KC!2010 2010091,0000,5 pCRj@2m2 Cealed 8Y. bloedeJ Pfiiit@d. 101242013 9.1S.16JUij PSi \ ., :r "- I\. \ . ..,. .~. ---.. . '95!I Dei 31 Nt, 8 30 JlOBERi A. HDMIS AUOITO~ KING ·COWTT 1!AS~. ---__ DEI'Uly S!a!u!ory Wazran!y De3d . TlIE GR.':"(TOR 3 Cha.rles E. Leva;ok and V!r~lnla. LeVQC~:, hJ.s \"J1fe lor ilnd In tl)ns.idcnlion of $10.00 in ha.nd paId, COIl'~'~ and :nrr;anls 10 Raymond E. Deao;v '\nd Elv~ K. De"le~! J hie -:rifa lbr f611n"lntr; d~K,ihrd rt'.al (,lIale. aitua.leclln tbt Count» of Wa.~hm,"on: KiM The $outh -} of tho 'North! of Tracts '5 nnd 6 of Panthet'" 14ke Gt\rdon Tracts, as pel' plqt reco!"ded 1r.. Volwn19 9 of Plats on PaRe 25, recol'<ia of Kinr, County; ..:!,(t..Hi:FT the E.'lst 30 .r~e_t or s"dd Tract" con- veyed to, Kln~ County tor ro~d purposes by deed be .. ,,\ring Audit.iJol'IS File No .. 7917~6:, :situate in the County or K1ne. State of Waahln~t-on. Subjeot to', Reservations Datrd (bis t -'1-fi1'1f' l:/' 7-.yc' • S'.I(' of, tit "'thla and rOl'flloinl IMll'UmenL, and , ........ d 'Nlunt..ry ,.~I ., I deed, IjJf Iltl' --_ .. _--_ ... WHBNRHCOROBDIUmJRHTO 1I!PPBR.Y J WOlJlSON 1IB19108'Il1 AVENUE sournPAST KENTON, WA$HINOTON\al55 I E1794730 ~fr~!·.r r-~ ______________________ UU~~~~:_~ __ = ____ ~NQ'''~"' @ ~ICAGO 1TILE INSURANCE COMPANY JD ... .l THEGRANrOR 184939 -I STATUTORY WARRANTY DEED STEVEN C LEWIS AND M1CHBLL1l1 lBWIS, HlJSIWID AND WJPB tor WID corwdcnbon of r_ 1ENDOl1.ARSAND OllmllOOOD ANDVAUJABLBCONSJDEMnON '" "" = co m baud p&Jd, CDD\'C)'IIi ami wurutllO JBPPBRY J WOLl'SON, A SINGLE Pf!:kSON the lo11owmgdecc:nbcd rea1_ ...... cd ill !be CouDlyol KING TaxAo:ou.at Numbcr(l) 66234().(J()S<> THE NORTH HALl' OF 'I1IB NORTH HALP OF TRACTS 5 AND .. , PANTHBJI: LAkB GARDEN TRAC'l'S. ACCORDING TO TIIB PLAt' 'I'HSRBOF ISCORDED IN VOLUHB 9 OF PlATS, PAGElS) 25, IN XING COUIn'Y, WASRlllGTON, BXCBP'!' THB BAST ",0 ruT or SAID '1'RACT 5 COHV8YBD TO KING COUNTY POR ROAD PURPOSBS BY DEED RlCOROt:D UNDBlt UCORDIJI'G HUJllBBRS 7917S~ AND 720411D302. SOBJBCT TO BXCEP'l'IOUS SET FORTH ON ATTACHED BXHlBIT "A· AND BY THIS UPERIDlClI MAOB A PAAT HBREOF AS IF PULLY I»CORPORA'l'BD ....... Public Record order. Nbh-orner seam, Doe. KC.2000 2000122900134, Page 1 or 3 mated BY. bioetiei pnnOOd. 10]2212013 9:16:50 AM PSI ... STAT! OF tfASHINGT()}f COUNTY OF XING .s ON THIS J 4 ~.14 DAY OF DBCRMBBR, 2000 BEPOltB ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND POR '01& STATE OF NASHINGTON, DULY COMMISSIONED I\ND SWORN, P'ERSON)ILY APPEARED STBVBN' C. LBM'IS AHD MICHELLE J LEWIS mOWN TO ME TO BB THE INDIVlOOAL (S) DBSCRIBBD IN AND WHO SXBCUTBO 'l'HS WITHIN INS'I'RUMENT AND ACKNOWI.BDOEO THAT THEY SIGllBD AH1l SEALBD THE SAME AS '!'HIlI. FRBE AND VOLtlN'1'ARY ACT AND IJB!.D, FOR 'l'HJ uns »1D WRPOSlIS HERBIN MIlIITIONBO Public Record oroer. Non=tJtd& seaFdI DOC. KC.2000 20001lliWI34J Page 2 013 Uedted BY. blOOdS PtU'lted. 10/242013 9.16.50 AN PSi I CHICAGO TITLE INS1JRA.NCE COMPANY EXHIBIT A E!crowNo 58493~ EASIMBln' AND THE TBRMS AND CONDITIONS THERSOP GRANTEE PURPOSB ARBA IJI'FEC'l'JtO RECORDBl> RBCORDING NUMBER STATB or 'lASH1NGT05 RIGHT Te I ...NTER UPON' THB GRANTOR' S REAAINIJ.I , INrnS TO CONSTRUCT APPROACH BASTERLY PORTION APRIL 11, 1972 7204110Jl'':- EXCEPTION'S JWD RBSIRVATIONS CONTAINED IN $J.1D PL1I.T AS roM.OWS WB THE SAID C.M. JWDDSON AND LAllRA i ANDBRSOU, fI~BDY DEDICATE TO THB PUBLIC POUVBR FOR TIll BENEPIT or THB OWNERS OF nll~. SEVERAL TRACTS THSRBIN FOR DRAINAGE PURPOSBfi BOT NOT AS HIGHWAYS TO WATERWAYS SHOWN HBRBON RESERVING HON&VER, AND TRIS DEDICATION IS HERBBY 2XPRBSSLY MADE SQBJSCT THERETO TO nm SAID C M ANDERSON AND lAURA B ANJ)!.J(SON, THEIR HEIRS, EXECUTORS, AtlMINISTRATORS AND ASSIGNS 'THB SOLB ANI'I <1XCLUSIVB RIGHTS TO R:BLOCATB OR CHANGE 'l'HB LOCATION FROM THAT SHOWN UP(J·j THE MAP, PROVIDED HOWEVER, THA.T NO CHANG! CAN BE MADS UPON OR niROUGfl ANY TRACT OR TRACTS WITHOUT THE CONSENT OP THE OWNER (S) AT THE TIME OF SAID RELOCATION OR CHANGE IT IS HEREBY MADE INCUMBENT UPON THE OWNEr OF F.:a.CH TRACT OR TRACT~ TO IN NO WAY INTERRUPT OR DISTURl!I THS FRES rLOW Of WATER THROUGH SAID WATERWAYS BUT RATHER TO ASS:r.ST SAID now THE WIDTH OF THB WATERWAYS SHALl" 8E 9 FEET BEING "' FEET ON BITHER SIDE OF THE CENTEfU.lNE AS SHOWN UPON THE '!.AT RIGHT OP THE PUBLIC 'IO MAKE NECBSSARY SLOPBS FOR curs OR FILLS UPON SAID PREMISES IN THE REASONABLE ORIGINAL GRADING O~ STRr~TS. AVENUES, ALLEYS ~ ROADS AS DBt'lICATED IN THE I>LAT END OF EXHIBlT A ----------------------.------_. IIOIIlIIT/lUMtWN : • • D Fld Dtd ' Prad Feb 13~12 4-01 nM ~-U h Nugl1noh 1\ II ing}, 1I'.s.Il to County of King Yp •• _--Bn U6 791766----- Th(, X 30 :f't 01' thQ Or. of thct 11 JIi.t. of the B • v .• t . or G eo 32 'l'«p. 23 )f .R. ~:; l!. W.1I.'. ntg 0.47 1\01'08 ffioro of le~D Rt ot Way 3,r. R~n~on Rond 81td in KC BY ( no 'uao) ]l'r~ lluhh''''-- KC SW on Dee 29-11 by Fred llugUeoh bet G.E. H~ntjng6 nr In nn!! for SW r(w nt 8 ( NS) (. JUne 16-1lI) ( rtd 11Y Co Audr) elm) , ' .,. ---"",",,~-"".~. ~-...... ,-. ....,.---.,-,..,---.., y'T:;' ,!:. h-J ".>,.L -uj)/,,)..! . . . :'::;>::: r, :,,..'; ," , ',;" .': . . '" \ FAP H S-Ol2B ( ) WARRANTY DElm· III /I" . .11.11,·, IIr Sial. I1IOIt"." No. ISR No. 515 ) 'RIllTun VICIN!TY, D.B. 19611\ St, I. cARli ROAD "NOW At.!. M.N UY TIIES& "R~SrNTS, Tit., II" G",o'or • AlJll:1\'!' IIUVl!l,~ nod MAXINt IIWIHIlf, hb wir., f;-t lilt.! itl ,'{III.'Cic/crdUOIl of rite IlUfIl uJ 1];"'110 MDlt&D FU~Y & 00/100 (4250.00) •• of • Dollors, 11,,,0'/111 ('tllll'('!1 (J lIJlct W(lrJ'IlIIl a In lite ST.\Tt'. or W,o.SIIiHaTOH, Ille joUolQlng deH'cribod r~1l1 csWI,g .ltu· lIfl!d In Kine: C01mlll. lit lha Stott 01 WttB'''nl1fon, fO flliII' $0,,"' I"\'!l'ul lind purl1!1,'fll me IJ III1! r'I~'lrl' hcm:in fj'Tfmled had been tI(''!j'ldred 1lnder Eminellt Domain .da(nte 01 rlH! Sfrlle (1/ Wndthlgwn: 1111 !.hat. pOJ'\.10tl or the fcllowlnc da8Q.ritled l'u1'o.l "A" lyins 1W.sto: .. ly of a line drnwn 40 r~(!t 'Je:}\.l"r1r or ann TlIl't'",llel with tho conter lino of SR 1j11j. KP }.87 to KJ.I 5.15, Itonlol\ V lc1niL), I >:i.E. 196th ~a. to CArr ,ltond. Pnfcnl 11,\"1 ThQ !Jollth 16.50 feet of the Fort.h hdf of tiM 1ioutno~st QUlu'hr or UV~ llort.hout. ~Rrt ... r of t.he SO',I~hW801;. Q,uarhr of SeoUorl. ~2, 'l'llvnnhip 2, North, ](:1nge 5 )).I.utt W.M., 1n King County. Oaeh·,nr.ton ~xcr;J'l' the f!ALlt ,0.0(1 [.(tot the't&Ot, and •• 'l'ho i'forth 8}.50 fent. 01' tho ~~th halt or the Soutb •. ut. QMr\CII' ot tho Jlort,t'fiaftt. Quar'\.(lr of th", U~u;h\rlnt Q,ul,t'\er or '111d aoo\1on, ~'!xC;';P'V tlil'l ~ot .w.OO feet toort.)Qt. i\ 10 l1IMiorot.Q"d lind :,11:\'004 tn,~ t.1I" =Jt.3.t.e or Vllahin«t.oo will r·!Qoourllot the odDUnr "0,1<1 n I"roach on t.ha ,"eilt-odr aide of SRid highW;'y at or neat lIJ.6h'~ •• ;V ~:n«lnoot·. llt."Uan 2Bb~50, :~.1.id lIu,.,rmloh lIilo"\ll blJ mn..fntli1nod. boweon the riffht of wo.~ linn ,I.nd, thl .ho\11ctQr ) lnt') oj' nnid hlli 'II:a~ by the GrMtOJ:D, tho1:r noira, 8UC0080ort or nSlllftl1Dt 'rho Grant-or, h1:1'0111 l'IU'I.IItH' «ran\ to .. ht ~tato, or it's ngonto. t.he ri6ht t.o outer u.on the-c.:rJlll.tor l • rem3inJnp: I,mdll ..,he::' ncoal.,ary 1;0 I'coon.t.r.lot laid a.PI)rollch. Ttl() l .. mdB h']~'O'n brlin,lf oonvB)"od Clontn.ln nn n.r81l ot l,O()O equs..ra foet, lIIor(! or leB8, rJlI' $,}(',~IJk cl~'llflls runrrrllitlj'J 1'111 01 u".lch tlrC' to be" found wltllfll Hlot cp.rtaJn lIml' of definUe '~u'lon 'Wit' f1J re'c'f}/'d tHief on jile In t11~ office 0/ tlu! Dlrc(.'tor oj IIrUhwnIJ' at OIympin and 00411"9 dati 0/ IJ"prl)Pnl I\ur.uat 9, 1911, nod thn oontor l1no or whioh 10 Rho shown of reooN in Volu.a 5 of !!JI:II .... U,·' i'lnLa, Pilr,O ~'f reoorda or .'~id Oounty. Il,V h,Hilll1hf,; t.ho 1+.pllro'lr1ilt,Q a.I)I~OO below. tha undnrDir.nod nr.rlJe.to ourrender p0888e.don or \.:10 un!fIl;'l'':'Vl'tI) 111'0 .<lrty ha.ro!n -=,?*'~:L july 2~J 191Ll?12, but not pl"ior to rocf!irt or Jlfl,'llllnnt tl e.rotore, G?~~ \ln1tlal) '!'hp. undorai,o;netl Gl'nntors norab~' I\u\horlzo nnd instruct the St=\to or Y'lohJllBton to P,'lY the ~rat.lrl~ GanllJdol',."Urm tor thhJ tr.'lruPctlon t,o lIUJrhbl\nke Mol"tgagt) COt. Md direot that the ·,a·ttl! VC>UOliOl' in pf\,vmen~ th(]"l'oll! shall be exacutecl only b1 e.·~id OoIIpl1ll,v. 11 lit lfllrit'r'/t)(lcf 1111" (lf/reed II1a1 IIle d'l!IiVtr'lI 0/ Ill/III dred II IU,!:tcby If!nderetil'lild aUtl 1I1o IIm'l.'! . rmd nl'lirl"Jtiml": liereaf sStali nat become hhldinR uIKm 1I1~ Sinh! tJ/ Waslllngfotl tlnlt'1S anrl nnW accepted /mt{ (INJrjll'~d 1wreoll in writing jur 'he Slate 0/ Wallibioton, DeptlTllnetU of W"/IU.'fI1J~J by the Chiej Hi"'tt flJ W(III A~Jll. () I hi 241.h I I ,\pril t 1972 atecl'M'.' (Ollu., :-,'1'I\'I'~~ (W WASIIIX(i'rOi'''' Dt:I'AlrrMr.HT Cll' fhuIIW.\\,li Ih' ,4 (~!!:,~ . ~. //C.?4f'. __ ,_: , •. ~I:L..K~.~ no A~"I. 'I,',! I , '. " ... - 1~· '·,,1 •. ., ,,', '."-.. , , ,.-" . ., ,., ..... , .... l ___ .... __ .• ___ -J ":';"( C :i Sr,Hr, {\f WA~"l:WiUN, 1 ("I1II1H}, ..r ~lJlr. J '". I. ,h" luulf"lIi!/ltI'i!, f'I Iwwqllwhlf(' ill rllln lor Ole Slnl" oj WUIII,illfl1ml, ""'1'''11 N'rcifJl fhnt e'lN ",111 .:'-1 t.tl . dUJI IIf ... Apr!~ I 1.91~., ... Vt'rltoIlClUll tlp/)('flr4'd he/mo flI(I Al,B.f!H'r lIU"~~~lf nnr\ "',AXl~.~ l.!'~~ .. ~.;:-.~!, ... ~::,::; I;:/W ""'",~1I"'. . .. J" Otl !I, fo\' If' IUl'/WIIII'1i 11l1U' lltc.".~, (1/ ,Ill' j'orl'(lrIlliOIl rlwl ('.l~C('lIlcd Ilrl! /oregoing instrument, and t'lcknclUJledued l'Itild hutrumenl to be Uu!' (n'c' 1I11r1 l'nlu,IfI"U at't /IIHI ('~I!'r1 oj RnirJ coT).lm'alion, Jor II,I!' UR!!II lInci pHrpe'llIe ... lIu~reJ11 mentioned. cmd L'HI ontl' IIlnfc,t/ liUII" ... . _ ....... " .. _ .... """._ .•. ~_ ... ~ .... ~.(I"'horlzl!'d to exee1/to Illid b-Ullr1lt)l(lnt and fllal ther /Ifill r,D;.l'I'11 ill 111l' I"orprmlle IIcal oill(lld t:oTporaHon. (;h'f~N ""ciL'r mil /trend (Inri oDicinl lUl'al tile rlllJl a11d IICQr lnlt abotJl!! torlUcn. A W ~. W Q .. -I' :--.. 8 rr~ . '-' ~ ~ :": i.": ~ !, 0:: 0:: I~! ~ "1 ;.; ::: '" ~ "" ,... E rn "" ~ " ~ ~ '" c :.: ... "" ... '/j '. "l'.U R.rJtdln" .1 •••. , ..•.. _~ .... _ ..... _ ....... _ ... M~~~ •• ~ .. M'" ...... " '. \ . . '-' ' '-"""-: ___ ·'_ .. ,i FA No. S...(l2281 WARRANTY DEED III ,h_ Matto 01 514'0 High ... ~ No. (51! No. 515 ) MP 3.87 to HP S.lS, RenCoa Vicinity I S. E. 196th St. to C.r~ Road KNOW ALL MEN BY THESE: PRESENTS, Th •• <he a"""or s Jur Imd ii' C'olt."ideratiou oJ the S1I.JII 0/ TEN And NO/lOo-----...... --(SlO.OO)-.... ------Dollafs, and other valuable eonddeution , r,~h!, ('tIRt:t>y (md t.I~a;rart.t to the STAl'E 01' WASHlNCTON. the following descnhed Teal escote situ- I~ft,"d ill KlnJl: County, in the Stote 01 Wa,htngtonJ to the same ,' .. "'it'llf a'tU/ purpose as if the "gIllS heTf!tn. gnmfed had beotn .acquired under Emi-ne'ft.t Domain dat1l.U oj the SUl:t(l 0/ W uhington: All [bat portion of the. follov1ft8 de-&crlbed Pareel "A" lying Eaterly of • line dr.w ... parallel v:1th and 40 feet Welterly wben .. aaund at right aftgl .. frOll the center line of SR 515~ MP 3.87 to MP 5~lS. Jenton Vicinity: S. E. 196th St, tD Carr Roa4. PARCEl. "AtI: South half of Southeat Quar~r of Northeast Quarter of South~t Qual"tet' af Section 32, Town.hip 23 North, ~e S Eut , W.M. t 1n !ting County. Wnhtnl!:toot EXCEPT the IIsst 240 teet of the Eat 210 feet of thlto South 120 feet thenaf. EXCEPt the Wut 125 feet of the rast US feet of the NlOrtb 15 feet of South 135 feet thereof. EXCEPT the ~orth 83.S feet and EXCEPT the eaat JO f.et tharaofi t ;'$ undt!rstoad and agreed tl,at th .. State tlf WaAhin~ton will reconstruct the ex1.tid~ ce ...... approllch on th. U~terly side of aald hi~bw.a.r ",t,. or n~at Highway wgw.erle S~ati~n 28&+00, tIld,ch approac.'l shall be maintained between the eight of way line and tile snoulde-r Une of said hi~b",ay by the Jtrantors. their heirs, succee:stlU or aS8ign •• Til\~ r-rnnconl herein further grant to the State of ',Jalihington. or it, agenh. the d&bt t~, enter upon the p.ranto-r's rl!!ll4inlnfl,: la.ne].$. where nec~'S.ary to eon:Jtruc:t said app-roscb. nte lands bereiJl !COnYe,ed contain an .ana of • IIIDhi or Ie ••• rhe :pecific dl!:tnib concernntg aU of which are to be found within thoi certain map of definite loca:tion no:t4' of record and Oll tHe ~n the o!Ji.ce of the Director of HiQhways at Olympia a.nd btrtniug daU of flpp7'ooalB-9-71, ahd the center line of which ia abo .l\oVn of tecord in Volume S of. Highway Plats. page 33. 'l'eeords of _aid ecunty. '111. u.nderaf.tne4 IIgraes to .urreDder ~a"lion of the unlmpr:ow:d propertJ' CODft,e4 OB JDly l7 t 1972. but not prior to recipt of ~t th*refore. It i'i' !inderstood tlnd agreed thaI the delivrtfl oj thlS deed t.:i hereby l«ndered and tluu ~he terma alld obligations htrteo/ shall not become binding tLpmt the State 01 Washmgton unlesS' and until (lccepted and opprovtd hereon in writing faT the State of Washi"Ulon, Depa211llent of Jl.ighways. by tIte Chfel Righi of w.~ Agen~ STATE OF WASHINGTON l)zpAR'UI!N"J' OJ' HUiUWAYIi I ....",. , i :."-i':~~,:'! L ... _~,'_~..:...' .. ~ ',·1 "'.'~"""~""" ll.tf)\ 1) Ccmllty of .. u..-........ J .... L che 1(tld~BiguecL tr notary pli.bliC" in Rnd fM tlte Sr.l!e of W,uhillpton. hf'rebll certify fhal on tfri.1: . Vtll ..... dalJ 01 ..... _ ... N7 .... J9.7~.. _l1Cl'Rcmatly nppcaTcd be/ore ,rw _... p •. LIIIAiJc_UIlIl''''''thx. .. ___ ... _ ... : to til .. ' knou'" to lIfO ,.he individualS ... dl£'Jl:cri~ in Clnd wIlD e,ucu.ted the fOT(!9Qin9 instnlment. Clnrl t.b:q.. ... ,ngned and .-cealed the mm-f" [u.". tbd.r __ fref! al1d 1mhmtory act mui deed, therein mmtioned. : .. ' Ruicflll$! at ... OlJ*P.tA.. STXIE OE WASHn;'CfOX. County or ....... , .. _._._ .. Ollihis. . .... Jlay oj_ .. __ ..~<rre me personally appe41ed .. and, to me knot(' 1'1 TO be the ... . ......... .and ..... . of O.e ('orporarion rhen o!~eculed [he jmegoinp in.nTUm~t. and acknowledged said instrument to be: the iref! and rruunrGry Q("[ and deed oj .r:oid C'01'JlOI'"4tfon, /0'1' the 1tU$ and putpOleJ lhe-rein mentioned, and 01; oath S'fafo!d thaL .. _ ... _.-_. ____ . ___ ~._ . ...__authori;;;ed to e.rec"te ,aid 1lUtrument (tmf that the eeat G.ffix~ i., rhe eoryol'~te .seal 01 said COTpOl'Gtio-n. Git'~n tmdt:r my hand. a.nd offi.clal .&eaL the do.y and yea1' lost above-U)ritte-n. " · . . ~: ~ .: z I •. ~ r;,;: \; ~ J Z -~. · '. = ILl 2 · ~ < 0 " ~ .' ~ ··0 ~ I&. y, 0 ~. ~ \ . ..: ~ ~'l ~ , .., \~ ~. .; •.•.. -.......... -~.-,t='.; .... . •• -•.• ~ ••. RElltkS I Or ~ " ~ 'i I, 8 ;~ ,. il r: ,I Ii Ii ~Il -II ' .. , " . , ~~ I '., , , ., i RmdtIIg "-__ ......... _.~ .... __ ................ _ .... _._._ .. . , ... ~ FJ!.ED fOR RECcw) .t.T REQU~T CF PlOf'..*EEll NAT'L TIT1.E INS. co. 719 SIlCOND AVENUE SEATIt£. wASH. 98I0f i • " I • :0 Fld F&b 13-12 4-0l ntd }IOT 21-1::' G. J{. 00..1'.1'0 II n.nd Sarah to Countr of KinU Cn.rrQl1 hwt Sli 6 7 ~, ' '-..-.- fit" Fp in COil olf ~l OJ1d allla bt thopo)n1t1h to accrue to t.han: lly rS!lIIon of lIVing out and eot:l."l1c.h1nr a pllb- 110 roo.d through thoir prty and ~oh 10 hereafter d~f,od a,. .I'd nnd qo to BlI (or tho \Iou of tile public fore'V~r 118 II, P \ibIS" road and highwa,. all lnt in th.. fd foal eetate: Th .. l~ 3U ft of trl\Cte 6 and 9 Mil tile " 3V rt of Tl'Mt " Pllnthar take Oardcm Traoto oxp; Lha 5 ~O ft of traota " /lnd II thot. etc 1,18 fv .. rOf.. Jr. or 1 lit of Wa,. ,1. i ~ BenBou Ro'ad 8ite! i r· KC 8W G.!!, Cnrroll --au,1i Carroll _. KC SW on lioT 21-11 by xix a.H. Carroll and Sarah. C",rrClll bot' C.E. Ita.tinga np 1n and. for 8 'I! roo I1t S ( :li8) ( .Tuno 16-1!!) (nd by Co Alldr) CE8) "'-'1"//0 C 1"1 n I,leu e, o. ~_ (! f Zi J) Fld Fob 1~12 '19171)7 '-Yff' ])td nOT lI'l-U !lnr ry flille to and AIr.n.ndll Kille County of )!:in, hwt ... " "'-1\.1. n.a 791?66~-~~-.It . ~'h 0 \I' Twp. 23 1 Rt of ( no rei to) 30 t't N.il. Wny of t~Q swt of the N.K.i. of leo ~2 B i ••• M. atg 0.90 Aore. ~ O~ J. F. B GlllIOn Road. d tel ,1 n KC 8' Hnrr)' Kale .- AmIl.M" 'fl& 111 -- 1\C 311 on HOT 18-11 by Har ry Ilale a.nd "anda flnle bet' G.1:. liABtinga nop in Md tor SW rea At S ( )1;1) ( ,Tune 16-16' ( fld l:>y Cc Avdr) C:IS) It) ,... g N For IIXI in conatdet.tton Gf 0.,. 00Du rtt.ooJ and other v&JusblD' aJrIIideradoa-, Ihe recaipl of wblcb II bareby "*"owlodpd. . . . . . GEORGB F. tANSING and DOROTHY tANS lNG, hi. wife, f'G1anlor" herolDl, hereby """II. """YO And _ tol'\lGl!T SOUND POWER. LlGH'I' COMPANY •• \'toIIIIqIuo corporalioo iCrantM" banin). lor the Purpold bereinaftet .. t forth ... rr:r euemenl over. ICl'GII and under Ibt lollowiDo _bed ,.101 """",'Ibe "Property" _, ID )( nq. CouJUy. W .......... '!b! South l/2 of tI1e Scu~ 1/4 of the ~ 1/4 of tI1e ~ 1/4 of Section 32, ~ 23 NJrth, Ilonge 5 EBst, 19.M., Kin<; =ty, 1IaIIIlinqb:>ol. El!CEP'l' tI1e west 240 feet of tI1e east 270 feet of tI1e aouth 120 feet t:J>az.oof, and El!CEP'l' the """"' 125 feet of the east 155 feet of the north 15· feet of the aouth 135 feet tbamof, ao:ll!XlliPT the north 83.5 feet _f, and E:XC:BPr __ 40 feet d>ereof. txcepr 81 may be otherwtta lei forth her. Grantee', tl.ch" Ifuill be exerclIed upon thai portkm of !.he PtupeJI)' (!.he • ...... <>l.W.,..· h ..... 1 _bod .. 1011_: A ltilht of Wa; _hi uldlhl •• 1ng rut ct suets wtddt wr &ltd Dtli ., ... ,11 .. 1 ... Jeuaih .. = I Ua ,. "" north 5 feet of the east 200 feet of the _ deScribed property. (In the event said OODBtruction conflicts with Grantor', future development, Grantee agrees to relocate said tacilitia8 to a mutually satisfactory location on Grantor's land. Said relocation to be at Grantor's 801& cost and expense.) FILED Fe"; fl"CORD AT Fl~auEST OF: PUGET mm,!1 REAl eSTA1E OMS!ON PIlGET roWeR 6LDG. ./ BEllEWf. WASHINGTON 8tIOO8 ATIENtION: GEORGE lJ!II'1UNT!tHAM 1" EXCISE TAX NOT REQUIRED King Co. Recorlfs OivisiOll fl7 9c.:::r.-~-. DopuIJ 1. Purpoe.. Grantee ahall have 'he rl.cht to conetruel. Gperat., maiDtaln. rep_ir. nphu:e and. aJup ODe or more electric IrlUllloillioa. andIOl'''.dittribulion IbaN 1M![" pdtOt Gbdar the RJshI-9l-W.,. IIDptthM "NIdi. aD MCNMI'Y or con-_I _ ...... _ ... whlch 1Iia}' .......... oro ... _ to tile IcrIIowUtF ......... '_Polooondl. ____ ..".and_..'.Ioctrfo_ud _ .... u-...... nDIc:otlorl and "anoI-, "'""""_ b. ~ ........ Undafll'OUZlCl comhdll. CIIb1et. VIUltI. mlillholee. twihlhn and traMGnflonj 1Cmt. buried or around lIlOUftled fadliliu ncb. .. pldI. traDIIlormera Uld 1WiIdaI. f.u....., tile IDIt1a1_ct!wd 1~·laciI!''', __ lro .. _ to limo ..-.. .uch oddll1Gnal_ud other IlCilitlel as it JI'I6Y require. z. Aa:ed. Granlee IbaU bav.1be rishl at .. coeulo the RJa,ht-of.Wayover ud Icrost 11M-PNpvty to enableertz.tee to e.urciM lUi rtghtJ htmltldar, provtded..lUl GrenlMmaD compenateGrantorfor tily tWnqe 10 the Proparly cauud by Ihe 1WlI'dI. Df aaid rip1 III aa::au. :I. 0iItIaa: of TNeI. GI'UtIS9.baD have the riahI to cut or Cria:I any end all ~ ".,. treellteodI", or arowinI upon Ibe Risbl-ol·W.,. and ,110 d\e rifhllO cut or Irlm uytrttt upon the Property wldc:h. in falling. COI.1ld. in-Gnntoll'u,uclll8ble judptent be • hazard Io Grmtee'. fadlUta.. t. ~ Ute IIlIbcbt-af·W'J. 'Gr.ulOr' lWIIr\Iu 1be rfIbt to ute lb. RIPI.ol·W'y lot any putpoM DOl ~nl willi Ihe ritbll henriJllP'iOled, prcJYided.lhat Gnntor IbID notCC*trad or mainl8in tny,bu1ldintor other Itr1IdanI au Ihe RIaht-oI·Ws)' and GttDIOt thaD dD DO blutint wlrllm I0Il faet 01 Granlell', faofllttet without Crantee', prlot writteD con-..... Il'I .... -0 o n N ..... o 0-.... e> ... ... e> C> ..J 7. _and _ Tho rljjhll and oblfpH ... 01 tluo)lll'l' ... _In ......... _ 01 and be biDdJJw_ lhelr retpeCtiVIt IUClCeMDH ,lid ua(ana. /1;7'1 D ... nm .... ~de).of 0#'_0"'_ ST ... TE OF WASHINGTON COUNTY OF King STATE OFWASH'INGTON COUNTY OF Iss } 99 .,,21-. GRANTOR """ ."~ .. ,.~ ........ ,,~.~. Ott !hieda)' penonallY-wearedbefofemo _______________ ---'---"-==_ 10: me bOwn. 10 be 1M individual_ dMGribad iD and who executed lb. within and foresotns iDltrument. aDd aabowl- that IigQed OM! AfI1e &I free and vo1unlaty act IlKl dMd for IIw 1l1li IDd purpoI8I lberafn menlioned. GIVEN undermylwMl and ofIldaloeol thJa_~_ dllYoI---'-______ .19 __ . Notary Pnblit in .nd for tbf Stale (If Wuldngton.l'IIIIdIn& al STATE OF WASHINGTON COUNTY OF Iss On tbIo ____ doy 01 _______ .19 __ • bel ... mo. the und.mp.d..,......u,...-.d and __________ _ 1D ... bIowu 10 be tho _______ ODd _______ • raopecU",ly. 01 the _Goo thot 0ICICUIad the f ..................... and ocbowledood th.1IIIId ............. betbo Irao and voIllDIaryod anddoadoltold...,...1Ioo. for the UI8I and JIUI'POIOIIhehIID mantianlKi. and Db oatb..taIed that authorized tel eDCIde the oo'd .......... , and .... , .... oeol a111Ud Is tho _Ie 0001 of .. Id __ Wi ..... mylwMlandofficlalaealbore .. arn.od .... dayandyurf ..... bovewri""". Noto'l'Publlc In and f.rthe81e"oIW~""""" .... Z3 1113111"1' ~tCORDruc lIun., • I ! ! ! I I , i I ,. i , , j '.: '-' , -" -, ., _c -'j ~ '. , ., j :: ~ oj '" :> -:! -' ! , , Filed tor Record at the request of SOOS CREEK ~ATER AND SEWER DISTilICT 14616 S.E. 192nd street Renton, Washington 98058 .. • • Easement No.! 32-23-S-Wl022RR Project: VISTA RIDGE--Oftsite Douqlas F. Worth 1217 coral Drive West Tacoma, Washington 98466 AGREEMENT FOR EASEMENT THIS AGREEMENT. made this ~ day of Viwl~ • 19~ by anti between SOOS CREEK WATER AND SEWER DISTRICT, 8 muni a1 corporation of King county I W'a:ilhington, hereinatter termed the "District", and DOUGLAS F. WORTH, hereinafter termed the IIGrantors N r WHEREAS, Grantors Dre the owners of land at 100't ana 500'+ West of lOBth Avenue southeast and 140'+ South of Southeast 187th Street, It:;al- 1y described as follows: The south 16.50 fset of the North half of the Southeast quarter of the Northeast quarter Df the Southwililst quarter, LESS the West 150.00 feet of the East 340.00 feat and LESS Road (SR 515). ALSO the North 83.50 feet of the SOllth half of the southeast quarter of the Northe~st quarter of the southwest quarter, LESS the We.st 150.00 feet of the East 340.00 feat and LESS Road (SR $15). ALL WITHIN Section 32, Township 23 North, Range 5 East, W.K., tang county, lolashington. WHE:REAS, the District raquires an easement for a water liners, across Grantor's property at a location more specitically 'descri~ed hereinbelow; NOl'l, The North 10.00 feet of the East 85.00 feet of the West 182.50 feet of the above-described parcels of land; AND the East 10.00 feet of the West 182.50 feet ~f said parcels; AND ALSO that portion ~( the soutb 10.00 feet ot the East 484.00 feet of the above-descrlbed North 83.50 feet of the South ofte-half of the southeast quarter of the Northeast quarter of the Southwest quarter of section 32 lying within said above-described parcels. ,a9_ 1 of 4 , ! I 1 , ·1 " ., ~i • . \; ;1 ;~ '1 ::I .. ,~~ .1 ~~ 11 '-. ;~ ~ 'J if I •. ~} .~ ~;t. r~' '. : ;. ;~; .. :~ r." 'f ;-: . • r I i (') (l) (II ... "" !" .., 3 ... -, !" '" 0 -' .. (II '" (J) , " .:; -:j ~ J J ~ ~ .., :> :> " :: .... ) - • • .. . Easement No.: 32-2J-5-W1022RR Said easement is for the purpose of installing, constructi"9', operatinq, rnaintainin~f removing, repalrinq, replacing and using water line(s) and a~purtenanceB thereto, as designated above, toqether with the nonexclu- Slve right to ingress to and eqress from said portion of Grantor'. prop- erty tor the foregoing purposes. This easement is qranted subject to and conditioned upon the fol- lowing terms, conditions and covenant~ whIch the parties hereby promise to ~aithfully and tully observe and perform: 1. USE OF PROPERTY BY GRANTORS. The Grantors shall retain the riqht to use the surface of the ea8e~ent it such use does not interfere with installation of the water liners). The crantors shall not erect buildings or structures or a permanent nature en the easement. durlnq the existence of said Basement. 2. THE DISTRICT'S USE AND ACTIVITltS. Tne District .hall exer- cise its right under this A9ree~ent so as to minimize and avoid, insotar as possible~ da~agG to any private improvements on the easement herein. If any such damage occurG, the District shall repair and/or rapli!lct!: said improvements. 3. RES'rORATION. The District will require the Developer to ra- store Grantor's property to a condition as good as or batter than the premises ware prior to entrY4 In addition, off-site easements will require photographs tg be taken prior to construction on said property to i!lssu[e the completeness of restoration. -4. CONSIDERATION. The Grantors acknowlecqo that part ot the above-mentioned consideration is compensation for any and all dauge resultin9 to, or resultinq hQreafter from the possible interference of the natural flow of surface waters, subsurface waters, and/or Qr0Und- waters by the ciigginq on the easement. Said di99in9 1IIay disturb the soils composition within said easement. 5. ATTORNEY'S FEES. In c:ase suit or action is cOIQmenced against the Grantors or the successors, heirs or assign$ of saId Grantors, for removal of an encroachllent trom this easem.ent, the Grantors hereby prom- ise to pay, in addition to costs provid.ed by statute, such Bum as the court may adjudge reasonable as attorney's tees therein • 6. EASEMENT TO BIND SUCCESSORS. This e.ae.ant, durinq it. exis- tence, shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of both of the parties hereto. I .' • . ~ - "'l co N 5 .-I ~ l" , .-I , l' , 0 = N f1l 0; ~ ~ , ~ ~ , • ~ ... . \ .. ' Dou~rih STATE OF WASHINGTON) county of I<ing ) SS, • • • Easement No.: 32-23-S-WI022RR day of On this ~ day of , 1~c.\..., before 1IIe personally appeared DOUGLAS F. WOR H to nown to b~ indi vidual describ~d in and who executed the in and toreqolnq instrument, and acknowledged said instrument to be the free and volunt~ry act and deed of said Grantors, for the uses and purposes therein mentioned. WITNESS my hand written. 12.SINO: IMmtl!.OOl . \..,- affixed the day an~ year above and ~ the st~e of , resid ng at AWiW\~ = .. -_. ---: •. ,~-.,,:,,:~.- I I , .' .' • - I I o~ ;; .: .> ., " ., ~ '. " = :; ~ .~ ! 1 = l " " " ~ ~ ~ ~I. T ~ ~ : g ~ ,~~., s ~ .,,-0 ~ ,,'" " • 6 • • • • .(jJoJ' I 7 • • " <p 10 • .J>1,oJ lt -r ","" " ,1~Z." ~ < , • • - .. ~. ,j \J' III W' ?( '" I-... £ ,~ ,,"". .' . 'I @ , ~r .. • lilS U VISTA RIDGE -' OFFSITE EASEMENT 32-23-5-W1022RR PAGE 4 OF 4 I .. " • - = , I ..: ! • • SOOS CREEK ~, .. , VlA1TF. £, SEWER DISTR:CT ~ ".. '. 1t;G1GS.E.192nd GT • P,O. BOX 58039 RENT.:lN. WA 98058·\D39 .... , , .. . " *, " ".,or. ." • :.: '; ..... I I 'd' Cl) N .-4 t- .-4 t-o ...; N ~ O"J -' -, ::.:j ., , '. -, ~ ~ ., ., = .. 5 • 0 ~ .' Filed for Record at the request of SOOS CREEK WATER AND SEWER DISTIlICT 14615 S.B. 192nd Street Renton, Washington 98058 • • Easa.ent No.1 32-2J-5-W1023R Project: VISTA RIDGE -oUsite Albert Huvinen 1514 Beacon Ii.y s. E. Renton, Washington 98058 Douglas F. worth 1217 Coral DrivQ West Tacoma, Washington 98466 AGREEMENT FOR EAS8ilEIl'l' THIS AGREEMENT, made this /3 d day of ir 11 Y ,19,iL by a.nd betyuen SODS CREEK WATER AND SEWER DISTRICT, a mun~C"lpal corporation of Kinq County, WBshingtonJ • hereinafter termed the "Dis-trict", and ALBERT HUVlNEN and OOUGLJ\S F. WORTH, hereinafter terJDed the IIGrantors" f WHEREAS, Grantors are the owners of land at 200'± west of losth IlVenu .. Southeast and 140'± of Southeast 1B7th street, legally described as follows, The West 150 feet of the East 340 feet of the south 16.50 feet of the North halt of the southeast quarter of the Ncrtheast quarter at the southwest quarter I ALSO the west 150 feet of the East 34G feat of the North 83.50 feet of the south half of the southeast quarter gf the Northeast quarter of the southwest quarter. ALL WITHIN Section 32, Township 23 North, Ranqe 5 East, W.M., King CountYt Washin;ton. WHEREAS, the District requires an easement for water line(s) across Grantor' a property at al.ocation lIIore specifically described hereinbelow; . of The south 10 teet of th~ above-described parcel of land . Said easBment is for the purpose of installinq, oonstructing, operating, maintaining, removinq, repairing, replacing and using water lfne{s) and appurtenancee thereto, as desi9nated above, together with the noneXClusive right to ingress to and ~9resG from said portion of Grantor's property for the foregoing purposes. This easement is qranted sUbjact to and conditione~ upon the followinq terms, conditions and covenants which the parties hereby promise to faitnfully and tullY observe and perform: &O'Ol PAGE 1 or 4 .' • • .., ~ (l) N ~ .-I ., " t'-., ~ ., ~ 0 ~ CII ., CJ) ~ -' "' -, :! I ::? ~ .. :> ::I -: -' , • • EAsement; 32-23-5-WID23R 1. USE OF PROPERTY BY GRANTORS. The Grantors shall retain the right to use the surface or the e&sement if such use does not interfere with installation of the vater line(s). The Crantora shall not erect buildings or structures ot a permanent nature on the easement during the existence of said ease.ent~ 2. THE DISTRICT'S USE AND AC'l'IVITIES. rhe District shall exercise its right under this Agore.ment so as to minimize and avoid, insofar as pOB6ib18 t damagB to .ny private imp'rovemants on the easement herein. It any such damage occuro,. the District shall repair and/or replace said improvements. 3. RESTORATION. The District will require the vaveloper to restore Grantor's property to a condition as good as or better than the premises were prior to entry. In addition, otf-site easements will raquire photographs to be taken prior to construction on said property to assure the completeness ot restorabion. 4. CONSIDERATION. The Grantor. acl<nowlsdqe that part of the above-mentioned consideration is compensat.ion for any and all damage rosulting to, or resulting heraattar from the possible interference of the natural flow ot surface waters, subsurface waters, and/or groundwatera by the di9'jinq on the easement. Said digqinq may disturb the Boi1a composit on within .aid easement. S. ATTORNEY'S FEES. In case suit or a~tion is c01RlIIenced aqainst the Grantors or the successors, heirs or assigns of said Grantors r for removal of an encroachment from this ease mont, the Grantors hereby promise to pay, in addition to costs provided by statute, suoh sum as the court may adjudgQ ra5sonable as attorney's fees therein. 6. EASEMENT 1'0 BIND SUCCESSORS. This easellent, during its e~istencer shall be a covenant running with the land and shall be binding on the successors, heirs and assiqns of both of the parties hereto. / "J. IN WITNESS WIIEREOF, we have sat our hands and slals this __ _J_-day of t:! II ~ , 19..!L. PAGE 2 OF 4 - r .. - . ~ .. ' ~ "'. N 5 ~ :3 ~ ., " 0 ~ ~ ., " ~ ., ~ -' ..; -< ~ 1 ~ .. " " ~ ~ ::; • • ( Esse.ent: 32-23-S-Wl02lR STATE OF WASHI~GTO~) I ss. county of Kinq on this a tJ day of fI II Y , 19'1/ , before .. e personally appeared.. A<tll./fr ~U""/~GN and ~o cJi, l-5; ;:.~ ~ tlR,.;:r eo e Down 0 ..l:fidivlduELls described In and who executed the within and foregoing instrument, and acknowledged Baid instrument to be the free anG voluntary act and deed of said Grantors f for the uses and purposes therein mentioned. WI~ESS IIr band and official seal hereto affixed the day and year above wr tten. STATE OF WASHINGTONj county of Kinq ss. On this day of per~Dnally appaarad , 19 t before Be and to Me known to be the president and secreEary, respectively, of r.====-=:r-' the corporat.lon that eX8cutea the fOr8901.ng Instrwnent, Bnd acknowledged said instrument to be the free and voluntary act and dead of said corporation, for the uses and: purposes therein mentioned. WITNESS Dr band and o!!icial Baal hereto affixed the day and year above wr tten. NOTAltY PUBLIC In and for the State of WashinGton, residinq at _______ _ l ________ I_~_"_'~_rno __ """ ___ .' __________________ P_A_G_E __ 3 __ 0_F __ 4 ________ __ • " " .. ,- • • • • I , 1ft ..: :.l ~ ~ .. j ill ., ., N ~ ... 'j ['0 ... ['0 0 j &i " .> ~ ~ ~ ~ ~ ~ ~ . ::; "'" PAGE 4 Of 4 . . ~,-.. ,''; . u VISTA RIDGE -OFFSITE PERMIT 32-23-5-W1023R , . " • •• ~t; 11 of ~. fe .. ~ /' ~ .... .. , .. .. • ~ , • .' , • ... ~" , I ! · , · , , , ?"i I If · , • • SOOS CREEK WATeR & SEWER DI3rr!~T '/:' ,:S.E. 19211:I.:.r, ; "J, BOX 5S03~ Rem,lN, WA SeOG3.1CJJ .I ., . __ . ...... ' .......... . , , ' .. .. , ~ ," '. "", • • ~"""""""'~=="""'~,_,", "a'" " " ........ . l ... ; .... • , mEli far ~ lllequlll of Name ;;e..:C\2 Wo IfJ." Addre.. eO/?"v t. ~ ,M. City '!'St., t ) k-A '80(. Y EXCISET/J( NOT REQ:"q~D do/~ EASEMENT FOR INGRESS AND EGRESS AND lTfILlTIES For and in consideration of the sum ofTen Dollars ($10) cash in hand paid, and other good and valuable considcra!ions, the undersigned Tom and Shirley Gough, Grantors, do hereby sell, Convey, and warrant to Jeffery J. Wolfson, his successors, or assigns, a permanent utility casement and right-of.way with the right to erect, construct, install, lay, and thereafter use, operate, maintain, inspec~ repair, replace, and rework water lines, water pipelioes, water facilities, maoholes, pump stations, power lines, telephone lines, or any other appunenances thereto required. over, across, and/or Wlder a certain piece of real property lying and being situated in King County, Washington, a more II<CIIJ1IIe description of said property being attaohod hereto and mad. part hereof as though fully copied herein in word, and tigures and rnerkod Exhibit "A". It is untlmtood and agreed that this easement and right-of-way shall give and convey to the Gran"'" herein the right of ingress and egress upon the land. above described for the purpose of c:oostnIcting, maintaining, and repairing the above described utility improvements, as well as provide ac<eS5 for ingress and _ to tax parcel 116623400054. I" '/~. 0 ( 1'1\. S p".,,,,r L~k V"r.lt,~ irf, Wi, 'I fl 1, '" f,.,,. \"'''') : ;;.\ \'1 It is further understood and agreed that the consideration above mentioned shail be in full payment of all claims, I!I'8IU or rights of action accrued, accruinj:, or to accrue to Grantor berein. Gl'lIlltor herein reserves an oil, g85 and other minerals in. on, and under said land. For the same consideration mentioned above, the Grantor does hereby sell, wnvey, 8JId warrant to JeffeIY 1. Wolfson, his successors, or assigns, a temporary construction easement overt across, and under the property described in Exhibit "Aft, attached hereto. The duration of the said temporary construction easement shail b. until the complctioo of ,II necessary utilities for the future project. The Gnntee covenants that the land. surf""" shai~ following construction of ne<esaaJy utility improvements, be retumed to as near as original condition as possible, at Grantee's expense. It is further undmtood and agreed that this instrument constitutes the entire agreement between Grantor and Grantee, there being no oral agreements or representations of any kind made between Grantor and Grantee. 3 • • The grant and otlu:r provisions herein described shall constitute a COVCIUIIII ronning with the land for the benefit of the Grantee. its successors and ... igns. /<. WITNESS THE SIGNATURE of the G .. ntor on thi. I -dey of a....'JIv:!1:. ,;l % . oil. 't1o ~~ b ' Shirley Gough 7 ~ STATE OF WASHINGTON COUNTY OF KING Personally appeared before me. the undersigned authority bere and for the jurisdiction aforesaidthewithinnamedTY)om0.<., &i~ 'liS\=),{"lt"l CPnh. Who acknowledged that belshe signed and deliv.red above and fotegomg inslrument of writing on the dey and year therein mentioned. GIVEN UNDER MY OFFICIAL SEAL this the 1"1-lb dey of B\A(:''' 6+ • ~. ' CA,; ,,'tl v.. ~ NOTARY P BLIC MY COMMISSION EXPIRES: 3-1<)-13> , -& EXHIBIT "A" INGRESS, EGRESS and TEMPORARY UTILITIES EASEMENT That ponion of!he fonowillll described property: The north balfofthe north halfofTract 5, Panther Lake Gardens tracts,according to !he platthereofrecorded in Volume 9 of Plats, page(s) 25, in King County, Washington; EXCEPT !he east 40 feet of said Tract 5 conveyed to King County for road purposes by deed recorded under Recording Numbers 791756 and 7204110302. The 10 foot Temporary Utilities Euement, south of the centerline, can only be used for construction 8IId maintenance of utilities. Lying within • strip ofland 20-00 feet in width being 10.00 feet on both sides of the following described centerline: Commencing at the northeast corner ofth. above descnlled property; Tberu:e South 00'25'19" West, along the east line th=of, a distan<c of63.13 feet to the True Point of BogiDDinc; thence South 89'00'43" We.t, psn!ilel with the north line of!he aboVe described property, • distance of278.92 feet to the tennillU5 of said centerline. Situate in the City of Renton, CountyoflGng. State of Washington. It is the intent oflbi. description that sidelines .hall be extended andlor tnmeated to intcne<t at boUDdary lines and intersections. It Exhibit "B" Ingress, Egress and Utilities Easement SOO'2!;' J'-' 1>, J)' -_ JOIHh A ... SE :,,' If') : J l' Io' Ii , ~ 1 I I , I I J : 1 J: 19!1, ~1 : ~ :: I ' o ' " 51 ", iii 1 :-.:J I I 'IUIII' : 1'1'1: I : OJ o 30 60 ~ , Scale: 1" 30' CBNT-¥~ P~~NTE Cere. t • lite., " ... 206 Railroad Ave-nue North -Ktnl. WA ·96032 e~BI3-I901 main 263-813-11108 raJ ...... ; .•. , ... ...-NYCIi l,i',~? ~\ \f" " > 7 k .. ' .<., ., B 6.s ,.11: .•••.. ,,3 2 t ~, I .. < ; i·······,. <'c .• ..~IJ" i~::'3"""-.",J, •• ,,, ........ +--w.c.k .•. ~ ... "",,,·+-r~\;y..~~, c. ~U;::::':.-Br··-~~ 9 ~-..'~/~""'~~"~"~ hi::.,'·· " ENi'N~"""'''f c;.,. li---~~~ __ ~.I·· ~r'~ ···~'l.~· j 0."'\ 'I'>"'? I,,' \ "J.,.~ ',T>.; ~. ~' ... ,.~". ... /." r" . '\~ "-":";'( ';"-'': ;;,;, Ie, .. " .. : ''1'7 "., "} -., \" '. -.. ;....-- 15 13 • l , ...... , .. ; .... ;; ....... .... ., 1.58676 FA No, 5"()2281 WARRANTY DEED lit tlte Murt!"r oj Slate Routt' 515. (._ ... , ,._'UI No,,, ... ",,,,~._~_ .. .} HP 3.87 to HP ',lS, Rent~ ~tctntty: ~. t. l'6th St. to Carr Road KNOW .11.L MEN BY TilESI': PR!:SENTS, Tha' 'he Gran'or 8 g Ra7'lOftd I. D ... ~., lnd ~Y.l It. Ouey, hte vUe o ;3 fur Glltl ill COltsidrration of Ihe sum of TEN and NO/l00 ...... -.. -----.. ($10.oo)-----...... DoilaTl, ~ and other valuabl. eon8ideration "- ',t'tr/)ll t'Ol1t'c.t!l c/lld 1mrr".,n! to the STATE OF WAsm~CTON. the following dtfcrtbtd feal rlttlte Bitu .. /'· arfd tn Kin,. County. In the St.n. of WtlIhington.. to the .ame alel1l #HId im"po$( r., if the righu herein granted had been acquired under Eminent Domn17a natu'e of the SlrlfC of Wushington: All that ponion of thilll (ollowing duedbed Parcel "AII l,iftS I.Uttrty of a Une drawn runllel with and 40 feet Wenerl" when lIIu.utld at rlsht anllel fro.. the Center I1n. of 5k SoLS. !1P 3.8'1 to ~IP S.U, Renton. Vicn1t,.f S. E. l!16th St. to Carr 'Road. ~~: The South half of the North half of Trecte 5 and 6. Panther Lak. r.Hdeft Tracte t ace.ordinlll: to 'Plat recorded in Vol .... 9 of Platl. pAC. 25, in KinA, ~untT, WuhinKton, ,.xCtPT the Eot )0 fut or lAid Trae.t S conveyed to Kin. Count,. for ro •• purpo •••• by dc.~ recorded under Auditor'. FU. !fa. 791756. tt 18 W\de'Utood and •• reed that th. Stat. of Vaah1nflua vUl reCDnltruet the exi.Un, road 8pprolch on the We.ter1T .tde of .aid hl.hv •• at aT near Ht8hv.,. En_tne.r'. ~tatton 281+2'. which .pproach .hall he .. tnUinl'd betw.en thl riRht of ..... ,. 11ne and the .houlder Un. of add hidlv., by the ,ranton, thdT hdn. IUCIN8IIOra or uat~ •• The ~rantors heretn furthlT .rat to th. State of Wublnston, or 1t. IlI;t1'Iti. the t'iP;'ht to entn upon the .rantor's "tulftin~ lande where n.u ••• .., to coutrucc •• U .pproach. The \aru~,' ht:rein conveyed contain an ana of 1100 .quar. feet, IIOril or 1 .... :"t 6~l'1"C' dtrl1tl, C'onC'erning aU of whu-h tJ~, to be found wichin that tt'r'tain nldJ) Of df!~nitt Ioc:'ation MIL' oJ r('C'ord and on ftl~ in fh~ o6f,ct of the Director o/lIfghw41/1 fit Olympia and ~oring daft 01 f.pprotool 8 .. ~-711 and the unUt 11ne of vhic:h it diG Ihovn of record in VOIUM , of lIl~hw., Plat_. p"~. :)2, r~cord. of • .tid county. Hy lnltlallaJ the _ppro~tlat •• pact below, the und.r.l .... ',rler To '\1rtender fIO'''1I1011. ot tb.. nt.new'lII! nOtM!~NlA eo" ... ,... OR 2 .. 2"-72 but not prior to receipt of pa.,...nt therefore. ,( InUial ) " . I, I, uAdm""'" and a",.od 'ha, 'he dell'<fJ/ 0/ 'hi.! a .. d io her.bu ,.m/trod and fllrtl fh. 'nnl' "nd oblif)olflon, h"'''J ,h. II n.' btcomf binding u",", Iho S'.' •• f W.,hlngtoounle .. and .nlll a«<plod .,!d o,'prOl·"L\or.on ·tn writing for ,h. S .... 0/ W •• hinglon, Departmen, Of Highway" by 'he ClII.1 Rlgh, 0' W.y Ag .. ~ Ilo,ed 'hil,:.C.2\th. __ .,day 01_._hbr:u""~.U72. STATE OF WASHINGTON DEPARTMENT or HICHWAYS i ·". <0. r'. "'.' r., ~, .. , /It.I'·,,,, " ,~" -~~ ... , CIoJ.. $,;;;._. " 'arcil No. 1-8864 , /\: U j c-J rlnd'""I!!",,' ",,1thrw.tlt'f1lmf'nl rnrml ('nI""" of .. 'LOI .. I. 1I1f! tmd(,TlIlglled, n nmoru plthlle in nnd fo7' the State nf Wn.lhfn!1lon, hertilV certify that on fhi~ 24t~. ._ .. .day of. .. F,br.'''''' 1172 ••.... ,_.,'" . ..""pt'T.n"nll!l np)l<'nrt" bef""e me aa.,.ond. £ •. O .. e, .. and 11 v •... 1t. .. DII.c, .... ~ ... _>o ••••••••• ~ ••••••••••••••••• _ ...... ""~~ •.••••• ~ •••••• _ •••••••.••• ~~ •• St A 1'" OF W ARm:stiTON'. Cmln.Y of.. . . _._-} .•. On rhi. doyof. ..btfo~ me pn.tortally nppelltM '._ .. and ._~. __ ... " 10 me knmrn tobe the and ..... . oj the corporation that r.re-cuted the fMtgoing fft.ltrumfnt, Gnd ack1l.owlcdgtd add t,.,.frumtf" rn hI the (r~t and j'olunf12ry dct ttnd dttd of ,aid corporation. for the tuff'" and purpole, thtTttn mtntinntd. and on oath ,Iattd thaL.. ........ _ ... ,. __ . ~~ ... _ .. _ ... _ ... Gulhori:C'd to t%IC'Ufif laid in'trum~t and that ,11, Ileal ngi.rC'd i. rhe C'orpomtt Itttl of :Did r.orpcmufmt. Gil'(''1 UMtf my hand and official If'dt tht &y and lltaf' la.c above tDriU",. ·-··--·-·ii~;;;;hMkt;;;d;·th;:;;;;~;;;;;';;~:·~-. • Rf-tIdIftg ...... ~ •... ~, ... MH .... ~ ......... " ... _M ..... · ....... , • .~~! ~ t<:l ~ ~ ~ '''-Z ,-:. ~ I:> "'./ z -. = ~ ~ II '. !~I!~ "! ~ "l, ~ , , ~ .~ 'r i Ii i- ~~ . , ... __ ._._ ...... - . :.:OlI£St or. ••. : .. ' :t:;).1 " "' .. .:,;:. • ·~rNC eo. WH. ... ___ ..• __ CcPUTY ...,' ,,-._--.. --------~ .-. ~ L 1 ~.~ ;.~. ; ~ " " " ~:: ., ,'0,;,;' .: .. ' /j'>r,-J ".1)... -(/J/';v,,:: WARRANTY DElm rAP H 8-0228 ( ) III JIll' Mallf'r of S.ol, IIlgh,<o" No. (SR No. ~l~ ) RiliTUII Y1CIHlTT, S.I:. 196\1> 9', to CARli RO/J) J,NOW 11!..1. MEN UY 'l'HtSE I'Rr:SENTS, Tilal thl!' arultto~ • ~'Jl,:ItT IIUVI!II~ nnd MIoXIH~ UUVINIlI, hia wife, J !'r, flrl ('mll'("1 B muf IfIClrrluH s In Ole STAn; or WASHINGTON r rile /oUololng tll!'.ctlbed TUuL cslllfO ,I",· ult!rf h! KLn(:' Coullty. in the Stntt of Wasbfflglon j fo Ihe ,"me: t,,\,II'lil mId Imrl't),~l! 11$ If III!! rllJl~'~ hereill urruued ',ad bccm tlcqldred tinder Eminent Domldn l'Iwhlt. of rJll! SlflfC oj Wn.ll1llllgftJ11,' f,11 Lhat. porUon or th{l follGwin/; duor.l.oed lJllI'Qel "A" l,yinu £aatod, of a Une drnwn 010 fl!ct ',",,011"(\'1'1)' o( lmd 1l(\ro.llcl with tho cont.el' lino or sn 51.5, foifl 3.87 to IU' 5.15, Hcn\.on VicinH11 ~,k!. 196th tit. to Cn.rr Holld. PArcnl I!.i'il 'l'ha :Jl'llah 16,50 roet or the-~orth half of th4 t'loU'thcaat Quarter or ,,11ft l1orthcIl8t \iul\rtt."r 01' tho SOI,lth .... eot., Q,uR.rtor of Seolign ,2, li'ownnMp 2} North, itanlrf 5 l!'.3nt, \i.M •• in King cO\1l'ltr. 'Wa.nlnt;ton ::XCr:J1F tll'! ~ltt }D.O,) t.et thereof, and " 'l'ho NOl'",b 8'~ 50 re,,~ ur too 80u th hnlC or the 30Ut.h.'\8t Qunrtor or Lho tlor"he4f1t Q.u.".r\.or of the lIo1.1 .. hv6.t, 'luarhr ot .dd leaUen, ~:<C;:a:"l" tho ~ot ,0.00 teet thoroot. iI. i::l undotlll.o,.d OIlItl ilF,l'OOd. t.n!t t.he U1;ate or W4Dhln«tDn will r'~OO"'lt'11ot the oxiaUng )'On~l n Iproach on l.hl! .... G:,;"f)t'l~, aide or add. hllfhW;~Y at 01' neAr lUlIh',hlY 1t'.n«11\C101". U\"tion <lCb.SO , ;l~itl 111l"t'QJlCh ~h."l.l boli IMJntlllnQd botv.on t.he rl8'ht or VA)' lino ,U'KI. the ahou1dor linD of fudd hl/~ 'A:lll 1;1)' thrt r.r:mtoT.'o, toheil' hd:r:lI, IIUOOOSDots Dr Al!lIlana. The Gr.mnt.orll hl;l'oln I'm'Lller CI:';mt. to "ho ~tate, or it'. aaonto, the ri811t t.O ontftl' lI.·on tho Grllfl"t.or1a r&mtllr.J n(':' l.mdo .... he:.'· n{l004 •. ar,y t(J rooonett'.,ot. .aid API)l'Oooh. Tbl! l:lnde hl]t·oll1 bl)inH o(Jnvc,Yod cont.nin Ill'!; are., or l,OUO .,qUare foot I moro or laoa, 11/(' ~/)clcl/il' Ilt'la!!.'I ('ollrcrtllllg nil of10/1Ich lira to be foulld within tllat cl=rtarn 'JJIClI' oj dtlfinU .. 1000ucion now IIJ f('I'ord allff on flle II! tilt office oj aut DIrector oj IIfghwRlJ' 4lt Olvmpi" nnd bcariHO dft" 01 rll'l)TOi·lIl AUr.uDt 9, 1\111, n.nel toll,. oont,or 11no of .... hich in aho shown of rttoord in Volul1Io , or !lJr,II .... 'l.·' rl.'\\.o, pAI;tI H, l'ocorda of .'~id County. n,v ir,lUHliM L!IO :!.pnro·,ri.,to OJ)AO(r below, th(l Undttra1trnod R/trco,to surrender poallil8asion or tho uni!llPl"!YOli nro .O.l'ty h(lroJD,=,~~ yul;r 24., 1972 1972, but. not priot to rDCt!ir1. Il( Nli'IIHm\. t! nrl:lL'ore. C-( ~~ \lnithl) 'rim undQl'"ui.~cll Cirnntora harob,\" nuthori'to nnd 1netruot the St!tte or 'Nnehincton to pl)' the "nUl'p.. oonoldcr.'\Lioll tor l.hio tr,lnl'ot!on ~ lrUA'hbllnke ~tort"lKO Co., and dJ.rttot that the :lbto.) VOUcher in pl'l;vntont thornof 000.11 be executed only by a.'lid CocPM1. It i$ tmdt"I·'"I{'Hl fwd tlgrectl liitH fhl! dt.lilfeljJ oj Uriii' dt'dd i. hereby h!JIdcr~j czlld tiltH Ora 'orlll' ,Iwd o/l/i(lnlicmr In·reo! shall Hal bt'conle bhldilfR Ilpml r/lt! Sin'!! OJ Wu".llIglorluI11eRII Rnd UNW (I~ept(!d Iwd fll'Wtll't'd iler(lOl' in wrltino Jor ale Slnrc oj Wadtblfllo", D'jMrjmctn Of JliO'IU,.IYJI, by ",,~ Clliol IHf/1it 0/ Wny "l1cnt, D I I 2~Lh I April. i97:? cHef II!~~.. . (flU oJ-,. :i'l'l\n: 010' \\'I\S1I!1'\(;"I'ON J)r.t',\,lrrMl:rfT III' tILUIIW,\YN n\,~*D-k.2 -~~~':L~t~.~.RL,~1 At~lIl~ . , I,·, 'J, ... . I) •• ,,1 ': . :' L . ..:..~ ... _·_'_' ~" " .. ,' ,:\::~::" ('(IUIUJI;of hJ,ll!': I J'" (1lldll/lllulIl k'lInovdrdlmcol'Il ffllml I. lilt' IIlId(,ftlfjlll'd. tl IlI/lIIr" ,)Uhrtf' ill ,old IfIr tilt' SI(IIC' oj Wlisliitlfilml, linf'"'' N"rfifJl Oint I"In "Ill'! 24 ~h . d.IJI 01 . Apr!l f 1912 ., .IJl'T~r)l"UlUII nI1pt"tll"('d bel"r" tilt' AJ.Bf:H'r ltUVJ~}Ofl nn~! ~,A.X~~.~ I!,!~.~.~ .. ~!l",,, ~ ...... _ ...... ~ ..... l'i'An: Of' WMiIllNr;'fOlf, CnlfllJ it 01 .. OIl rlli~ ..... Jlnd .. ~M •••• _ ................... " 10111(' ktll/tI'll 10 fit' lilt ... ~. .~ .... ~ ...... _._ .. _..... ......... . ... _crnd .... ~. nf Illf' 1'f/r/lllrllrilJtt I/lfll ~.rcrldcd tile jorcgoino InJtfl{ment,lmd tlcknutLllcdpcd ."Id '".strumu' 10 be 'he !r.·l· /jlul .'nluII!Clr}lIfl·r (/lid rll~t'd oj Raid corporation, /01" tile ll.re8 find PUfpMCIt rtl(~,eln ""1ItioHml, and ort (jflllt Mnwl,lilll.... .. ...... ".M ... "M_.~.M.nl("lorIzl1d to Uct'1Lte 8r1ld in.tttml(l"l1t "nd thut thct Itell IIOi.rlll' III /lUI (,MiNmrl" ,(1«1 ,,/ 'rlid corpoMHon. nil'!!" 'HliI!!r mil Iland (Infl oQ1elnl "'ClI th, tlnlJ and flear In.t abave tl,lriUf!n, Cl ;r. 0 tzJ ~, t; W 0 .. ,... ',' :r: ::.-. a !,: '" '-' ~ Z E " ~ :,. ~ i" ~ -or: " '" ..... " 0 ..... C<: ~~~ :.: -f. 'I I-~( ~ ::: I- '/I t.~ ;~ ;,4' F' J.P.-'?I I'f A 00 ~ , . ' ... .: <) .... (11)-0 5 Mi ~ ~ § s~<II "'1!!. .. u~1~ o":!' II: ~ f .... l'I!!~'l I ~ ~ I ~ r., ~ ~1l5 ~~ . " '" r ~!lj U, :<j ~; rl ,T " r , , j: ~; ' ' 'I. ... ~ .. I FA. No. 5-022.81 '-:1" •. W'.w ...... A-OI-...... ("'; WARRANTY DEED ;::) ~ ") ~ r-- In tlu: Matter 01 State HiQhW<l~ No. (Sll No. 515 MP 3.87 tv HP S.lS~ Renton Vtctn1ty: S. E. 19'th St. t~ Carr aDad ) KNOlV ALL MEN 8Y THESE PRESENTS. Tha, 'he a' •• ' .... jur L:tld :/1 L'OUlfiderotion 0/ lhe $lLm 01 TEN ,;and NO/IOO-----........ -($lO.OO)-... -.. -... -.. OOIIG!'I",. and other valuabl. eon.lderation , t'd,y l't.llll't>y lind 1J'<Irraltt to Ole STATE OF WASHINGTON. me jolLou1ing descriv.d real e.sUtte Jit,,~ o;l~d in 1(:""6\: Cou:ntV. Pi 'he Stene of Wa,hingtooj to the .tamt' \?\'rell[ (m.d pu.rpose as iJ die rigMs he7'ein granted had been a~ired under Emiueat Dom4in .lchtUi! oj ll:c SfUfe oj W U3hillgton: All that. portion of the: foUov1ns desc.r1b.d Parc:d "Ao, 1y1l\1 Easterly of • line drwi, par.allel wHh .QI\d 40 feet We.tedy wh.n ._uud at Tiahll: anal" fro. 'he cnteC' Un. cf SR SlS t MP l.a} to HP 5.1S. lenton Vicinity: S. E. 196th St. tD Carr Road. S"uth half of SDu.t.b ... t QuarCet' of N'Ol'th.Ht Quarter of Soutllweat Quan8'r of SI!e.tiOl'l 32, Town.kip 23 Not'th~ Ranalli $ E&IIt, W.M., !U Kin~ County, W.abiR~tao, EXCEPT th. West 240 f •• t of the Ialt 210 feet at the South 120 feet thereof. EXCEPT tbe Ileat ]25 feet of tM rut us foet of the ~ortb lS feet of South 135 feet thereof. EXCEPT the ~orth 83.S f •• t and EXCEPT the East 30 fe.t thereof. ,t ::.~ undl!utood and agreed tllAt the Statu of Washtnl!ton will reconSttuct tbe ~1It1ng r<)31.; al:prollch on th~ WC$te.rly side af said h1p;b".y at or flear Highway EngineG;r 8 S!:.a":l(>n 286+00, 'Wbi,ch afll'roac:..~ shall be NintaifttlQ between the ttght 01 way l:t.nta and t;U! ~nQulder line of said hi~hvay by the ,:t:ranters, their heirt. suc~e .. ort: or aaatBn,. TIIIl r.:rBhCorl:l henin further I!;tant to the State of l.4 ... hlngton, or its at_nU, the .. ight t,l ~I\tlltr upon the Jlrantor'~ rl!llaininlt lands where neCD851ary to construct said apPTOlch~ The: lands hen:ln eonve."ed contain an .an. Df • SIlO". or 1 ••• ~ rite $pItcific de'uil$ cancnnillg aU of which aTe eo be found withm. thGi certain map of detlnite Joca.tion not.:' oj record' and DR file ;n the office of thB DirectOT D/ Highways af. Olympia and baGrin.g dete of approval 8-9-71~ an.ct the Center lin« of "bleb hi alao ,hovn of record in 'VolWllll!l 5 of. IH.gbwilY Phta. pqe 33, reeot"da of said caun.t.y~ Th.e I,\'ftderU,ga.ed agTM8 to ... n*Dder po .... lion. of the unimprcrved propert:r ec:taft-,.4 OD July 27, 1972, bnt not prior to r'Cipt ot pa,.aot tharefore. It i.'l' !£nder"tood an.d 4lgretd lltat the deUv,.", oj ehif deed u hC're~ z.end.,1d and tha.' lIIe 11"f"'n" ~nd obUgolionB hereof 'hall nol become bi1tding upon the State of Wa,hmgton uttlas and ulttil MOfPted Imd «pp'l'ovtd he1'eon in Wri"np fot' tAt Stat. of WCZ$l!i""wn~ Department oJ .Highways, by the Chief Righ' Df W.V Agell" I STATE OF WASHINGTON Dl:PARTMEfn" OF HJGIlW.\YS t -, , ..... ~.s r ~ . . .• ~ ).:~~. :',~ 1. ... _._.'_.~ .. ,~_._. _"_"_"_':'Ol","'~_'.;.'....J 1 • • '.~ STATE Of' WASlmU:l'ON. la. County 0'1. . .. u.,- 1. 'he 1(11d"r':'ri!rtJ~. 0 notary pubUc.-in Rnd fUr Ihe Sl.1tC of W.uhington. hoP'reby rcrtihJ Oun 0'/1 thi., . 21th ...... ,day of JvJ.7 •. J'.n... . ..... pcTllon-afly ftppcarCli bejore l1U' -<co. p •. \AI>liDc. ___ IoII!OJac.._ .. ttl lilt" krWI1~n lP be 'he individu.alS .. de"I:t'Tibed in and who e,ncu.red the JOTc!],l\1np inst",metll. and ... jree and t:olunlR11/ Rct ntld dfW'd. rheTein: mentiOn.ed. hand and .~cial .eal 'he day "<d_::",£1~irit:c~ ... NI)fa'll Pv.bH~ i~ GJI On [his. ... ___ .. day 01_.,_ ... ",_" ..... _ ... __ .. n ••••• before me peTsOMlIy mppeared .......... ond to me k,totrn to be the .. .and._ ... of the C'Orpomlion rhaE ere~ured the fougoing instrument, !1M ackllowledged said infl:",ment '0 be the iref.' anri j'ohcnraTl/ att and dCt'd of $(lid t'07'pOnltion, for the usa and purpose. therem mmtioned7 and Otj oath $lQced tI,at~ .. _._ .. ,.,_. ___ ._. _____ • __ --«l"tJwrized 10 ea."ec"te "aid instrome:nt J10ud that the real a!Jixed is rill? eorp~TQfe feaf of said corporation. GiJ:en under my Jumd artd offitial seal the da]J end year tcut abOiie written. , -,; ~ ',: z "'. ~ ~ C ~ 0 Z -: , = ~. 2 , ~ . ~ 2,\ ~ ! ~ . \ • .1 r.. c:: ~ c ~ r.:. .~ .,. ;-) t; -.,.;". ': .. , ., j . . . --~----.-'-----.. -•.. " .. --~-.. --.. ,-.. ".;" .• '. ;'[.:.-::~,:Y ,. t::t.EC!;,:::'.· ... :~, ·~;tnG ce. IV,,;. --___ Di;PiJiY '" g e 'I W i: Ii f! 1; II I, II i},.!i ", :! , .. ' , I .~\ , ' Nofsrv PlIblit' in crnd Jor IhoP Sta~ 01 W .. hi1l~lm, lt~ .c.._ ................... _ .......... _ ..... _ ... _ ... _. ___ .. . FIlED FOR. '''COR!) AT R£QU!!>7 OF Pl<>f',,'E£R NAT'L. TIT1.E INS. co. 119 SECOND It. veNUE SEAnu;. WASH. 98lOf ~'C J',. \,. Q " . '" " '" \,~ 0 ~ , .. \J i: l .' .... , .,\,. :t: ' . :,; ~ E ., \ :) '\ ShlnclClr4,..., Oil III'tI 0015 LM" O .•• ll OIL AND GAS LE~ TlIISAGRBEMENT ..... _ iDto .. oL ............... _ ................... A.p.Il;J. ... ~._ ..... _ .......................... , 1967 ('") betwte:D_ •• _ ..•. _ ••.•••••.•• , •.•.•.••...••.••••• M~ __ ~.L.Q~Jrr._'!o.~~ .. ~y.~ .. ~t ••• !!~~.~_h!-_~_.Y_'!st.!L_ ...... _ ...... , .. ,. __ . ___ .. _ .. __ .... . (\J ~ .... ··· .... · .... ····.·· ............................ l8825. ....... 108th . .s.E ....... Rentllll .... wa:m_ ............................................... , ........ . -.D -................................................................................................................ _ ....................................... ~ caDod Leooor, -.D and ................. J. Q. ANDI!RSON ................................................................................. _ ..... _ ...... bereioI/tor caDod Leoeee, 1. Lesso<. /orand in conaIderalion 01 ... ($10.00) dollars and _ lI""'I aDd Vl11l1111e coaoideraIiOa, tho noeipt of wblch ;, hereby __ ged aod "" ........ aDd ap-cemcmts. herein COIlIaiued, cIoeo _~ demise, ..... 1IId let e:<cIDIIvdy •• ,. Leaee, for tho purpoae and with oxolusive right ofoxplorl", by C"'I'hyslcallllCl OIhotmethodl, driWq and OporoIinalor and prod""", thu.lrom, oil, liquid hydrocarbo ... all ..... (lndudblg wbllo.t Umi-, bydroaeo _ ... ),II1II their respectivo OOIIJIitueDt product!. wl1II tho exclusive rI#>t 01 injecting _. brine II1II .0Ih0t _ and _.1DIo .. _ 5Irata, with righ" of way and .......... for laying pipe Iinca, t;uW, <oadwaY' and tLmua 101 procIu<:ID& OPing, "~and carlOS for auch products, and any and aU other rights and privUep .oeeessary. ioddent to, or CORYtIllaotlortbe fCXIInmical operation. al ... or conjointiy with neighboring land. on .aid laod lor said pDIJIOIC8, and DpOD tho ...... bereioI/tor Pl<>- vlded. allthaloertain land aituated in tho Couaty 01 KINO. S .... of WASHINOTON, _hod .. _ (hozain oalled "said land"): The South ~ of the North % of Tracts 5 and G of Panther take Garden tracts i 8e per plat recotded in Volume 9 of Plats on page 25, recorda of King County, Wash1r,gton, IXCKPl' the East 30 feat of said Tract 5 conveyed to King County for 'road purposes. NolwidldaDdiq CI,. prnilioal to Ibit cabIIvJ' ~ hft.m. dtb ...... nd aU riIblII ...... It ................ ~. up_I,. IfMiced Co tho-d.pcN I,.m, W-".1IIKbd (500) f.e b.lo. die _I.e. of dI. LiMt ............. __ t....e. .JWI aot Iaav. tb. n,ht to __ 1JItd Of' ~71-+ of saW. 1 __ I,... aboft said chptb. ~..t1'? . .tA: ( . ..0-, ~ l! . . . t'or the purpose of dctermioinB t:ne amoual or UJ moocy payment lIel'eulldel". wd lind dI.a.I.I be CODStdend to c:omptjSe .............. 2.C ........... . 2. Subject to the other prOViaioDl hm:ia CQl'I.tained, this lease &hall lte for a term of. five yean tram. tld. data (herein called "primary Ierm") and as long thereafter as oU or gas is or can be produced from .aid Jamj beftoodct, 01' U IoDa !hereafter as Lea= shall oooduci driUIDg. .edril1iDg. ~_ing. mIDIDg. producing..emedIII, or other opol>IIoIII borewtder and during tho produotIon 01 011 "" gas ... 01 .... _ ... 3. (A) Tho _ shall pay to tho I ..... OJIOoOiihth (iii) royalty 01 tho martel price /or 011 oIllb· ..... and pa1Ity prevailing in th& Reid wbere produced on the day 8ucb oU is run iDm the pipe line, or into wtoraee Ida (D) The _ ,baD pay 1=. as royalty. ooo-djlbth.(IiI) of tho procteda from the aale 01 tho po, u aucb, lor gas from wells where aaa ODly is found, and wbere nol used. or sold .hall pa)' Fifty ($50.00) Dou..u. per 8DDUDl U l'O)'alty from .aclI sueh wdl, and ..nile such royalty i. so paid sueh welllball be bald to be a prodtJdoa wall. 'Ibe _.to ~ ... 80s free 01 char .. /rom any II" wrU on the _ premisea for ...... aod Imide Jl&hll In tho prIndpII dwoIIlnc bonae on said laud by matins his 0Wll c:onaectious with the WIlD, the usc of. said PI to be at the ~ I0Io riat ad. u:pease.. (C) To pay I ... ", lor gas prodw:ed from any 011 well and .... oft tho pem1Je11lr In tho _ .... --.. 01 paolino or any othec p,oduct a fC)'alty of ooo-eipth ('Ii) 01 the market val... at tho mouth of tho wall, payobla ..-hIy at the prevailing market price. 4, On VI bdoro one year from this date lessee &baD either comm~ ope:ratiODl for the dtU.IiDa of·. won for oil or gaa on Aid land or qUitclaim. aod surreader this lease; or if le$$OO . has not oommanced oporatloal for tho dri1liaa. 0(& -weD /or oil or II" 0.0 said land within .... year from this da ... _ oItaIl pay or_ to tho Iwor or lor the louor'.crodIt in . .................... G.ua.mntJiL.Nall.../lJIr.1ll&.Jlllll:k .... DBUt at •. ____ lirm .... .w&lIfu.... ... __ ._. __ ·_·_ .• or its S~ or aucceasara, wbich bank IDd hi &ucceaon. are leaor'c aplita and wbi.cb ahaII ccmIDUt IS the: cIepoabry "Pnll ... 01 <h ..... ill ownerlblp of tho Itnd, tho""'; oL .. _ .. _'rw<> .. <Ul4-.=/laO-<!oJI·rs .. Dollars, whidl ,ball operata .. a _tal and 00_ .tho pr\YIlc .. of _.tho ""_ 01 ~ lor thoGrilllq: of • w.1I /or .... year from said da ... and shall ........ "",b pB_1S ... tlJ opuati"'" /at tho. cIrIIIIq of a .w.u :_ ",nmn'nc"" or this I .... term~. And it ;, uodontl1od and ...... thai the _"tIoa lint 1OIiIIotI-... the down p.y .... ~ coven not OI!Iy tho privilcgco IfanIed ,. the date wbeD' said retiial b payohlo .. _. bot.' aloo this lessee', option 01 ..... dIa= that period "aforesaid, and any ond all other rI9!ts cooIomod. All _" or -. may b~ made by c:hcct or dnft of leueo or any ~ ·thereof. mailed.Of doIiwnd 011 or betcre .. NId.Il ~ ~.... Lweo may .. BIll' time ....... II1II cleliver to _ or pl ... of _ • reIouo or '*-....... any.portIoo or ponlon, of tho ..... _bed pzemIJa and t .... ., ... _ thi! Ieaso u to ouoh portIoo"" portIooo oDd be_ 01 .n Obllaatlora· .. to tho ....... _ II1II th_ tho reotais payable __ obIII be _ in'" 1'!"" portion that tho acreage 00_ herd, ia _ by said ,,_ .. ,,_. N __ • tho _ .ar. tho. _; ..... his '""'""'" in Interest. tho payment or tender 01 "",tall in tho m ...... pnMdod ..... ohaII.be bI!!tIID&.:OO tho hoIn. devisea. eJ.ecutorI aQCI adminlstnuon 01 nob penons. . . .. 5. If at any .... prior to the dIJ""'"')' of .II '" gas 011 aaid land and dnrl"l tho """"01 thIo~ tho·~JboII drUla dry bole or _00 aaid laod, \Ills _ ohaII not-.;. ... proYided.~ /at tho 4d11111i1ll'~'ft!r1!Iot WOII -''''' ...... -<''' ... ~~''O;l.~~ ~"'*"'"i.-"'~;', ~-. ... o!~ ..... ~~<h"~C:~!!\Ii·:::::w-,i»v. \ ~. • It.. '",~-:.I'''''~' . .p~ " .. -r-·'-·'.:·· .. · .. . " ... .hall be COImIl~~2 months from the "pilaU", of lb. I", "'ntal pcri~iob =taI bas bee. paid 0' pro- ·,.ided the Lessee, on or before the expiration of said 1 Z months begins or J'C&umu the payment of rentals in the maDncr and amount bereiDabove provided; and in this event the precedillg section hereof governing the paymc:ot"olteotala-aDd tbe maDDer and effect thereof sh:tU continue to force. 6. In case said Leswr OWD' a less interetlt in the above described land tbBll the tnl1t~ IUld undivided fee simple estate th~rein then tbe royalties and rentals herein providel.l for shall be paid the said LCSIIOT Drily in the proponion ""1Pch his interest bean to the whole and undivided fee. H(IWevet, such rental sbaU be increased. a1 the nat lua:ot:din& reotnl annivemry after any revenion oceurs to covet ~u interest 10 acquired. 1. The Le&scc IIluill have tbe right to me, tree of COlt, gas, oil and watex found OIl sald land for its operation thereon, except water from the wtlls ot the Lessor. WMn required by Lessor. the Lessee ,lUUl bury itt pipe Iin~ belnw plow depCh. No wen 8hall be drilled :dearer than 200 (eet to Lhe house OJ bam DOW on &aid pn:miael without written con· sent of the !..cAsar. I...euu !>haU have the right at any time during, or after the apitatioo of \hit; leaIc to rtmove all m~hinr:ry, fixtures, houses, buildinp and otber stnlctures plac:ed on said pumise3, iDdodiag the right to draw and remO'fe D11 casing. 8, Lecsee. !ball pay to Lessor the market value (Of' all crop!i which may be destroyed duriDS any of Lcssec.'. opcrati0n3. ponowing the abandonment of any wen drilled on th~ J~ascd. premises, Lessee Bgtces to promptly 611 ill aU sump hom or otber c.xca.valiODB j to remove all drllJiog mud and other debris and material occasiopcd by LeIscc'I diiDin& operations and restore the ~11I'face of the llUld (() a rea.sooobly dean and uneJuttcrc:d condition. 9. '1f tbe eMate of either party hereto is: assigned (and the privUege of lulgniug in ..... hole or ill part is expressly .nowed), the COveDBnts hereof shalt extend to the heirs, dcvit;ees, ex~ut()tS, adminiltrators, 11lCCe$iSCX1, aad assi~ bu1 no I!;:hango of ownership in the JBDd or in the TCDtals or royalties or any sum doe under tbb lcue .bulI be biDding OIl the Lessee until 30 days after it bas bun furniUJcd with either the original recorded instnunenl of CODVey:mce or a duly C(rUfied copy thereof Ul a certified copy of lb.e wiD of. any decew;cd owner IUId of the probate tbcR:of, or certi.fted eopy of the proceediap sllow:ing appointment of HD administrator for the estate of any'dcc:ened <JWI1Cr, wbJc~ ill appr0- priate, togetber with an original recorded instruments of conveyance or uuly certifkd topiea thereof 1lCCC!AiIQ" in showing a complete chain of title back to Lcss01' to the full intCJ'CII! claimed, and aU advance paJIIICDl5 of rmtall made hetWnder before receipt of said docum~ts shall be binding on any direct or indirect assign~, anntee, administratOf, execufOr, 01' heir 01 Lessor. 10. n the leased premises arc now or shall hereafter be owned in severalty or in &eparatc U'acU, 1be.pre:mise5 DC't'U· tbe1ess shaIl be devt:lOped and operated as one lease ... od nl1 royalties IlccruJng beteunder chaU be treated as an eotitety and Mall be divided aMoog and paid to IUeb separate owner. in the proportion lhat the acrease owned by eaCh teparatt owner bears to the entire leased ac.renF. There diall be DO Obligation on the part of the Len= to olllet wells OD separate tracts into which 1he land covered by this. 1e:1liC may be bereafter divided by sale. devise, delceDt or OIherwilc or to fumish separate measuring or rec::eiving lfInks. It is hereby agreed that in the event this Ielae shall be aai&Ded II to a part Of IU to parts of the above described land and the holdc:r or owner or any such part or parts sbaIl JIIUt defluk in tbfJ paymaDt of the proportionate part 01 the rent due from him or tl1(1m, 5\K".b default shall Dot opente to defeat or atfect this lease imofar as it eave!'!; a part of laid land upon which lhe Lessee or any assignee bereof sban mate due payment of aaid rentals. 11. Lessor bereby warrants and aar«B to defend the title to tbe land herein descrlbed lind agrea that tho Lcaoe, at its option, may pay and discbarge in whole or in part any taxes, mortpp, or other liem wtiDC. levled. or assessed on or agaim:t the above described Iuds WId, In the event it exercises aueh option, it abaD be IIUbropted to the rf&htI of any hoJder or holden thereof and may reimbune iteclf by applying 10 tbe disc:~arp of IQ)' loch mortpgc. tar. or other lien, :sny royalty or reotals accruing hereunder. Lcillor ftuthcr agree; that any interc.. ~ or title to Hid Iaad acquired by Lessor altc:r tbe date hereof shaD be subject to tbilleasc to the same extent as if said iatereBt or title had been held by Lessor It the da.l:e hereof. In such event tho mnoum of reatal payable heRtmder shall be appropriately adjusted at the next ensuing rental date after Lessee bas beeD advised of sucb after acquired title. 12,. Notwithstandinj anything in thia lease contained to the contrary, it i, expressly agreed that if I..eaee ibalI ()I)Dloo rnonc:o 0pclB.li0ns lor drlDing at any time while tllk lease is in force, this leue shan mIllrin in force and ttl terms lhall ~ntinQC 10 long as apctationa EU'e c;nn.tiDuolISly prosecuted and, if production resolts therefrom, then • long "I produc-- tion continuCi. As used in this lease continuously ptOleCUted allaU meJll that nDt more thlD tlUtt)' da)'5 shaD c1ap.c without operations on any well or that not more than Dinety daya sh.ll elapse between the completion or abandonment of OM wli and the begiuning of opecatktps for Ibe drilling of a sabxqUCllt well 13. If within the primary term of thia lease, productioD on lbe leased prelQise, shaD cem from Ill)' oauIC, tbia .. shan not terminate provided operations for the driII:ing or a well shall be commenced before or an tho aext CGlUiaa notal payin, date; or, provided Leaseo begina or rc.umes the paymcot of rcnlab: in the menoet and amowu: her:tIlabcforo·pro- vided. It, after tha. cxpinllion of the primary tctm. of this lease, produdioa on tho leaied premiscl Ib8l1 cta:i8 from. OJ' cause, this lease shaD not terminate provid«1l..uaec1 rmunea operations fot drilllna a 'AU. wiChlo mly days (rom IUCb cessation, and. lhls Ie.ae sbalJ remain iu force dUJ.ing the prosecution or sueh operafiou ..... if productloa raults there. from, then II loog U. produclion OODtiDuos. 14. Leasce may at ally time lurrender or caacei titis iease in wbole 01 in part by deliveriq or maiIiDg IUch releM to the Le$sor, or by placing samo of record in the proper county. In ease saki lease ia IWteDdeled ud caDCeled IS to only a portiOll of !be • ....,. _ thereb)'. !ben all _ and liabHIU .. Ih ... _ ..".,.... ~.der .......... ttl Wd lease as to the portiolJ canc:cled shall cea&c and determine and any rentall theRafla' paid 1IUI)" be GppOrtIcmed. on an Iltreale buls., but as to the portion of thCl acreattI 'DOt released the terms and provisioDa of this IeaIe ahall cominoe :and remoin in toll force aad effect. for 1111 ~. 15. 'Ibia lease shaD not. terminate III a reauh or any tailum of lcsscc to pedofm any of 1cace's obUptiou I~ unlcss tbe lessor .ball serve written notice on ~ ipCCifyins Ihc default, Ind !iboldd Ie$Iee fail to ~ to remedy such default within sixty (60) diY' Rfter l"CICCipt of luch written notice from the Iesaot so to do, thcD. ·thIa.lwe ... an, at the written cJcetion of the lcasor, cease and terminate as. to aU of the leased laods. eJ.ceptlDa: a parcel of forty (40) UfJ8 .... rounding each produc:mg well or any welt currently dtWin, Oft lessor's land. Failuze; b)' kaec 10 comply with any or all APR 26 1967 I oJ the terms of thIs lease shall Dot constitute II dehlult or if s,ajd falluxe b ca.~ by action of the. or acta of governmental bodies or agenc~s. eJpresa or implied, shall be subject to all r"..ate laws and lll= orders, rules, or regullltions thereat) 01 all gavemmootal agencies administerirlg the same, and this lca&c sblill not be in any way termiDated whoUy or partiaUy DOC shaJJ the Leuoe be liab1~ in damages for failure to comply with any of the. express or implied prol'isiou btleof if BlItb failure acoords with Blly such laws, orders, rules 0.' regulalions {or intctprctatians tbcrtof). If Lessee should be prevented during the lagt Sob: months of the primary term. hereof from dtillins: a weU l1ereuudcr by tbe order of any COflfItitulcd authority havmg jurisdiction tbereover. or if Lessee should be unable duriDi said period to driB 9: well hereunder due to equipment necessary in the drll1iDl tbereof not beiag avwable on alX.'uuu~ of any came, tho primary term. of Ihie IcaIC Iblll ~linllC until six monthl after ,aid. order is susponded .ndlor said etj,uipmcnl is available, but tbe Leuee IhaIl pay delay rentals herein provided durinl such extmdcd time. 16. l.eHee than have the right ai 10 fill or an)' or the land herein leased. to combine the lC'asehoJd maw anel Lessor's ...0 mmet1:ll and royalty cstate cleated hereby with any other lease or leu~ royalty or mineral Mtate or e&tates, in or uDder any othu tract or tracts of land, Whether owned by Lessor, Leme, or MOtha: party and tbc:rcby ctelte OR or m.on pool- ing areas 01 approximately forty-two acres as to on 01 six hundred sjxty acm as to .... io lOY pooIiDg area. H spaciaS regulationl of any atate or (ederal apcy purportedly havina: jllriadi~tion shall prescribe a spacing pauan for orderly development OJ for the acquisition or use of material and equipment or for permiaicm to produce a well or allocate a producing allowablo based on acreage p« weD, then tbe pooling area beceln c:ootempla!ed may ~ the muimum &W"face acreage content so prescribed. or allocated, in elJect at tbe time of lessee's dcsipatioD of any Il1ch area even though loch pooling area may exceed the abo'VC specified aci'eage; each pooled area ahan comptist a siII&Je ~ tract of land. if Leaee shal] create any such paolinI area it shall promptly file in the appropriate county records a wti'tten dcsipadoa of Jucb pooled area and describe the several tracts: of land combined dlerein. In c:omputiq; royaldea oa production from aQy pooJed area created bereunder, Lcs&or shall ItICeivc and will accept. even tbou,b such production be not obtained from any land subject hereto, royalty equa1 to sueh portion of a 0JJC0Cighth royalty II the DUmber of aa:ea of thilI lease included in llDy such pooled area. beus to the total number of acres in the respective pooled ~ ~ poI;tion·of saki onc-c.igbth royalty shaU be paid in t}le marmet and llnfler the Slime ocmdirions as ~1ln' rnyalticllDl)' be payable to Lessor, and sbal1 be in lieu of any other royalty which would otherwise accrue to Louor hereunder 011 aceowat of productioa of oil or P' from an)' part or parU of land herdn described. which may be included ia any pooW area cru1ed pulWaot hereto, The conduct gt drWlni or produdDg operations at any place within any pooled area mill OODStitQte at an t:imu full compliance with and performance of all deve1opmont, drillin& and Pl'OChlCing obliattiooa. exprcslCd or implied, UDdct this lene, insofar u they occur upon at affect respective tracts compriling part or parts of the pooled. area, *:nd UullJ. also constitute dcvt1op.ment, drilling or producing operatJons .HeWng aU lands under this lease, and no oNip~OQ oitf.Ja: expressed or implied sball be impoled upon Leuee as to IIny lands in any sucb pooled area 01 as to Iuds ad}olniag such pooted area wbere the well lite 1& or bus been ftxed elsewhere by such trtata or lederal Ipacing rcp1atioftl, notwitblltandiDa: that at any time or from. tfmc to time Jaid regulations or any of them. may be amended, revoked or caaceIled. Lestee shall not be liable to My party tor teduction of acreage content withiJl a pooled.rea resulting from loll. of its ,title 01' for Il1IY cause beyond its c:onlrol, nor shall Lessee be obligated to make any retroactive apportionment of any royalties. or IWD. paid on production in the event of any reduction in aaeage content. If and when Lasee abaU voluntarily IIUD'CDder its rigbts in any pooled area, an rights and obUgations therein eretl.ted pursuant to the pooHng provisiml htft:oI IhaU tc:md- nate as to BlJ parties participating therein. 17, For the consideration paid at the time of c.xccution hereof and without any additiowLl CODIideratiOD to be paid therefor, 1.oaaor heroby grap.b to Lcucc, its IUO(.'eISOR and aasiglll, the uclulivt rilht. for the duration of this lease and as kmg thereafter as stU:h risbt iI exercised, to use for the storage of nalllJ'al PI or liquclicd ~ au any and ID depleted oil or gBl zones BOd ZODes not containing oil or gas In paying quautitiCi uoder~ IIid _de, and for tIUI purposa any and an abandonod wells in aaid lund may bo teopcncd oncl fC$torcd to opcntioIl aDd •• may-be. drilled therein for the purpose of in1rodueiDl and !lOrine namr,1 p! or liquckd petroleum PI in aueh ~ aDd l'eI:OWI'iq the WIle tberefrom, For th.(; ,torage rights herein graated and in litO of all rentals and royalt1es for the rigbt 10 prodaoe or for the production of stored natural pi or Uquefted petrole\1m au from Aid lailda, Lesaec Iball-PIY LeIIor an annual "",tal of ten ($10.00) doU ... per ..... in ad""" ... <OlIIDlCIIChlgwilh the d'"of ... ofmy .... 101_ ... _ aadlor 80 long lhcreaftu as such right iii uerclstd. Lcaace shall ,give Lessor wriltc:D notice of ita iatent to uae said lands for tho storage of natural gllS O~ liquefied petroleum las, Any IUJ'l'CIIder Dr" termination Ulldet aD)' other p1OVisioD of this Jeaao '!hall be cftective notwithstanding the faet that Lessee in and by such surrender or termiDatioa. J'tIm'eI the rliht granted under this paragraph, and rcgardlca of r.uch surrmdet or termination the riabt grautcd under thi& paraaraph ebaU con- tinue lor tile term hereinabove granted in tIlis _pl •. This least aad all its lenns, condilions, and sUpulaooas Ibll1 wend to and be bindiq OD. aU soo:eaon. of aid Lessor and Letteo. c',f of LESSOR ~-:~~ !'l.<;t. ... t; .. " •..•. -I;.Q;-ANDBRSON .. ·.,t':"'!<1 P.mtSflfilt G~ .... ::.~: .. :~6~*77.~C:='" 170$ Che*r A..,., ......... ~ JUO) . APR 2619671 ':"'~.,.' 20050909000472.001 , ' S fEvVAR: j II EE U?J".,·i--.... ~CIf. .... .. , , Gr~" (,tur z ........ r\ -!"~ " . 'n U" -" "1-" --ill""'" ~ ;L?XX' f2D)~V ,M :~ 5D)clld:'~.,~ tlr*lIq ;'LUJ MPtaYL H§S4·'~ .. . , ' -' AM: uI_ ..... ..:....:..Mi.. f:.· ... . . ,~i:' '.' • .- lApl ........ Vjl eW 1& ...... JfIt~ .... " .~ ... ' , _:..... ______________ -IJlJIRIPl',........,ar ......... PIrW 20050909000472.002 , i . • NWM!.S Form 28 Va .. nt lInd _ ... a SIlO _03103 Page 1 cf4 VACAMr LAND PURCHA8& AND SALE AGREEMENT SPECIFIC TEIUI8 1. DaIa'_......:A"'p"'r"'II_7 ..... ..,200"",,5_ 1lUl1Io" ___ ~ ______ _ 2.. Buyer: Tom"", ShIr1e 0on. Hllahtmd and Wifo(And or A.ips :I. a.lor: .Ieffmy J. Wo!!!rnn 1114'« Aui. 4. Propartv:T.Parcal ..... :-'6~62340=:=..~OO:::5"'4 ________ _ streetAIIdrass: 188191_ Aye. sa Rentqo Legal De8crtpl/Dn: 6 PANtHER LAKE GAlU>BN TRS N 114 OF TRAer 6, LOT 6 ~ Pu~Pn~:~~~O~.~~.OO~~ _____ ~ ______________________ __ .. Ea .... "UIOII8¥: (To be held IIy 0 SeIling Broker 6Zl CI"""", Agent) . P_ICheck; . Mit8: '. $10,000.00 ~r( t. ~' _________________________________ _ 7. ·Defaull: (Check 0IIIy ..... ) ~ FOIfaIluAlIlf1Sarneat MoIltil' 0 Selter's EIecIIon 01 AemedIea .. TIlle "su,." .. eempomy' s-art TItle Seol8C ofIIce CJncly Heub:n . " 9. C loatng Apnl: 0 a quaIlIIed closing ogant of Buyer" _ 10. C lollInG Dalll: 0410112008 11. P --Data, ill onCloslnO [J r EllpIAl.1iI>n Data: 12. Offe 13.Counte I .... Ad roffer ~ Date: d""da: U 'M"" \ .. calendll'dtIYO afterCI08Ing UOOIl J>rMentatloll "A" l~ O~V .v JP ... ,. ......., , \I?jv' "\. ,J " ... ... A ,\7\ 15. Age"", Dlad_ SfII~ IJconaet,.."... 1iZJ8u'/eI' nSeiIer DboIh parIte& Dnallher party UeIIng Agent repreMllI IZI SIller [] both perlin , 11. Subd/vllllon: The l'Ioper\y 0 Is aubdllllClad 0 muat be aubdlvldlld on or baror. ________ _ &:'.I J& not leglly ftIqUIred til be oulIdIvlcIed 17. _bHlly ConI~P"'JB4f>t'-DaIa: IiZLiIL dayaaftetmu11/81 accepIAWICII 0'--_____ _ D.<l -4 I.!. t;J~ ..,...."""".- Coldwell 8aokerpantbrtJ! lOSS _.- K.ent WA 2!054 ...... 'e_ la\ -ill b~Sf.r) - 'i/O/o! -- 253-852-65 15 ... 20050909000472.003 NWMLS FDrm 2S CCD/I'iflght2003 Va .. nt Land Purch ... lSOIe VACANr LAND PURCHASE AND SALE AGREEMENT ND_lIuIIlplo Lllllng SoM", Revieed 0:\103 OENEI'IAL TlaRMS . ALI.. RIGKTS ResERVED ?age 2 of 4 (oont/nU6d) a. Pu_. Pri~. Bu\N l1li-to pay to Seller Ih8 PlRllaae 1'rIce, Indudlng the Eameat MORGY, In _ at CIOIIn9, 1 unloss otharwl ... lpacIIied "' IhIa ~ Buyer repraoents thai Buyer"'" sufflclonIlund. to cIoIe thls ... 10 In 2 accordance witI1lh1e Agraemenl and Is nat ~ on any conlin""", _ Of fUndo or glfla, e>ecepI to .... extont 3 -.. opecIfled In Ilia Au_men\. 4 b. Ea __ t Monay. BUyeragnMI' to dellvGrthe Eal'ne!II MonovYotlNn 2 dll)l8aftermutullaeceplance<lllhla AgreoIment /j to Sell/flg Uaensee who win deposit any dlectc to be haIcI by SelAng BrolCer, or deliver any I:arnaat Money *' be hel~ 6 by Claslng Agent, 1IIIIhin S day& of _pt or mutual aaaoplanoa, whIch_ occura later. /file EameII Monay Is held 7 by S8!1lnQ SIDI\&r and 10 0 .... '10,ooo.OD"halI be depolllletlinto on 1nt8r1Hlt beaJlng trust account In SeJ/fng IIIoIcar'I 8 name provided thai Buyer compIetn .. IRS Fonn W..e. 1_, If any, _ deducIIon 01' bank Cha_1lIICI 1iIaI, will 8 be paid to Bllyer. Buyer agrII8I \I> relmburoe SeIlIng Braker lor blink charget and fB •• In ........ 01' tI1a _ 10 earned, Wany. If lI1e I:8me8t Monay heltt by Seiling BI'Olcer 10 _r '10,000.00 Buyer hIlS tI1a apIIon to requIrII SeIlIng 11 Braker 10 dep08lt\he &ameli! Money Into the Housing TlU8tFllIld AaooonI, with the InIe!ast paJd IOtheS1a/8 12 Treasurer. If both Sellar and Buyer 00 agree in wnUng. 111M Buyer doaa not campl8tB an IRS Fonn W-II b~ 13 Seiling BrokermuetclaiX>lltthe Eameat Monayorthe Elmell Monayla '10,000.00 orlesll, the Eame!!t Mcnay IhIII 1/1 be deposited Into \he tfIIu8lng Trull Fond Account &ih1g Braklt' may tranefer the Eameat Mcnrw to Cloolng Agent at 15 CioaIng.1I all or pert of lila Eamaat IIonay la to be ret'Ia1<Ied to Buyer and any tIICh OOIbJl8!lUlln III'C)8III.Ihe salUI'CI 16 Broker or ClosIng AuonI may deduct and pay !hem \he!8IrOm. The partIaa Inttruot CIOIIIng Agenl to: (I) provide 17 wtiltan verificatlon oI1I!Celpt of 1110 Eameat Money and nOI/cl& of dishonor of any chock to I!\& partJea and lIoanIMs at 18 the addIeosoa andIotfax nllJJ1b8r5 prav/dtd htrein; and (2) 00_ an Interpleader action in 1I1. Suparior Court for 18 !he countY In which II1e Prope/Iy It IOcatad WIIIdn 30 daya Of. parly'a dell'lallll for th6 ean.t Money (and cMducI up 20 to $250.00 of the coalo"araDI) unI_1Iie par\IeII a_ olherwloe In wr1IIng. 21 c.. CondltlDn ofTl1le. BU\'W and 8eIer.~ SeUIng Ucenaee. UIIIIng Agent or Cloalng AgantlD fn8e1t, IIU8CII or 22 correct 618 Lagel Descr1J*ln at I!\& PrnpBlly. ~ otherwIoe epeG!Iod In this Agnoernent. l1li& to !he PropeJ!r at 23 be marketable at CIoaing. The foIiOIIIng IIhaI! not .. usa lie tile to be unmarkaIabla: rlghla, .-aIIano, COV8I1IIlII, 24 conCIIIIOI18 and rastricIIonI, presently of IIICOId and g8n8IBI \0 the area: lltlaements and enc:roacIII1I8I, not ~ 26 affeaHng the value of or unduly InIGffodng wllh Buyotl _nabla use of the Prq>erIy. an~ _MId CII andIor mlnlng 26 lights. UoneI8ry enoumbranceo not .SSumed by Buyer shalf ba paid by _ an o. befono CIoaIng. TIlle ehall be 27 CIlIW8\'01~ by • Statutory warranty Deed. If !hie Agreement I. lor conveyance of a buyer'a tntereelin a Real EstaIf 28 COntracI, I!\& Statutory WamIn1jr Dllad shalllnc:lude • bayel'a aaIIIgMlent 01 the contract .UIIIci«II to convey alter 29 acquired IIIIe. /f the f'roJI8l\I 11M bean Ihort platleCl, the Sl\orI PIal nllllber 1& in the I..eQoII [JescrlpllOl'l. 3() do TIIIelnaaranea. Seller autiu:IrIzeo 8uyer'a lender or C!aIIng Agont, at Seller'a IIICpOIIIIII, to apply lor .. aIIIndard fomI 31 owner's policy of title 1nIUrIIIoa, wlh I'ICII\eownaI'$lIIICitIotJal proledlon ancI il\tlalion pn>tecIfon endonamenta f avail-32 able at lID additional COlI, from the 'TIlle InSUfllIlC8 company. The 'TIlle ilUlUl1Ul08 Company laIC &eriC 8 copy of the 3S prellmlnaIY cammllmalt to boIh UaIIng Agent and SeIling U ........... The preliminary commllmenl, nt the IftIa poUay 34 to be lalluad, ~ contain no -.sono 0Iher Ih8n the _I Exclulion. and E)(cepIlono In IIIIId _ farm and 35 SpacIal e.. eo u"", ooosIoIent wIh \he Condl1lon ofTlUe herein I'm4ded. ttlftla cannOl be ma~ ao ...... 11IbIe prior to 38 the CiOIIng Dale, then _1Iuyer'$. '* lind __ remedy. 1h8 EiGrnaa! Money 8haI, ""'-BIlYW_lD _ tfT auch ~ or encumtJr811C81, be rllfUndtld to the Buver, Jess any lR!pald _ delClllled In 11118 AgraemenI, and 38 thl. Agreement ehalllI1enI...,on be tennlnatad. Buyer lIlali hIwe no I10ht \0 8pac1ft~ perfarmanee Of.--88 a 311 coneequanea of Sel!er'11nabIBIy to p_ ... ~ fiIIa. 40 •• Cto.lng. ThIa Mfelhal be _ by the ClosIng Agont on the CItlaIng D .... 'Cloaing" meaneflle dell on which all 41 dClCUmantt are _ad and the _ proceeda ... BIIIIIabIa 10 Sellar. If the Closing Date faRa on II SaIUiday, SUR-42 day,or lagalbolklay .. daftned In RCW 1.10.05O,the CIoIIrilJAQmaH cIoIethatranuclfon on __ 1IItlCI d-Wthatl& 43 no! a SroIuRIay, Sun~." or tegalhOIIday. 44 r. ...... _ton, Buyer I/IaII be anIIIIed to p_on M 8:00 p.m. on IIut P08Ie88Ion Data. Sellar agreaa to malll\8ln the 45 Property in .. preaant ... ndlllon, noRlUll_ and tear """""",II, unIIl .... Buyer Ie ...-to _lion. 4& 8. Clo8InQ CoMa ""d PronItione. SeIer and Buyerthll aadl pay one-haIfof1llell8CRlWree.Taxee1'Ol'tha_ 47 year, rent, Inleretlt, and lienable homeown .... _ dueslhall be pl'Ol1l\ad 81 of GDSIng.1kIj/8F Il\IMM to pay .til Buyar'olOlll COIla, tncIudIng _ raporI, apprIIIeIII cheIge and lende~8 tIIfe insurance, .... leoa pr1I1IIdad __ in 49 thl. AgMtrnont. If..., paymenIa aM delinquent on _""'" wblch will ramain after aoatng. ClotIng Agent Is 50 I~to pay jtDling from money dUe, or to be paid by, SaO.... 51 ·inltlals: IIUVEft: DA'I'E:~ SaLER: ». t.A DATE:'" avor 52 BuYER: G, DA'I'E:~ SatER: DATE: 63 • 20050909000472.004 ~= ,!:;.!".18IS11e VACANT LAND PURCHASE AND SALE AGREEMENT _OCO== Service RevlNd OIlD3 GENERAL. TERMS AU. RIGHT8 R&SERVED Pog<o 3 of ~ (continued) h ... Ie InfonnaUoo. l1la LieUng I\gII\t or SeIlln9 Lree-10 auIhoIIz1Id., report IIIIs I\gIeelllllnl (InCUfIng pdoe and 54 all tenn&)., IhO U.olJllfnll8tl\llca I11III pubIIo/Iod It and to Ita -..linancIng fnoIItutiona • .".,.,......, and 56 III1YQne else related 10 tIU eale. Buyer and SellarellplWlO/y autIIOi1Ze allendeno, nnanclalln8llMlans, Claslng 56 Agents, appraI ..... 1ItIe inu'ance COIII)IIIIIIes, and oIheia reIIIIed 10 Ihlo Sale, Ie> lUmioh \he Uafing ~ endIor S7 SelUng Uoanaae. on raqtIIIIIt any and aIIlnfonnaIIan and copIea of documents aonoerning Ihe otatua, poagrua and sa IInaI dlspolllUon of finllnClng, oppnliSal. CIosil1l. title candIIIon, and II1Y CIlIer matltr concemIng IhII ilia, inClUdIng &II buyer's credt repat. In addIIIcn. BIlI'II' IhaII provide any additional cm-t or IUlIholVatlon neceeeary 10 permit 80 Buyer'c lender '" fi.....mg InaIIIuIion '" pn>vI .... information """",,,,"ng lhe etalue, PI"'III'"' and final dIapooIUon d 81 financing '" the UaIing Agenlllldlor 8eIIIna Ueenooa. 82 L FlRPTA. Tax _ldIng It Cloelng. TheClolllngAgenlllllnstNCbldto PftIPIII&II cerIllloallOn(NWIIIL$ foIm22E lIS or eqUivlllon1) lha18eUorla nat a "far8Ign perscn' o.thIn the meanillO 01 the FOR!IIgn 1nIJ>88lulMlln ReId P!operIyTax 84 N;t. sener aareea to sign IhIa 08I1iI1c:0IQ<)n. If SaIlor Is a roratan peI8CXI, and IhIa bJ_ Ia nat oIh9Iw\I8 axanopt tl6 flom FlRPTA. CIoJIna Agent 18 _ to wIthhOld and pay tile __ ad amount to lhe lillemat Rtwenue 8tIvIce. tl6 J. -UnIuI OIheMla& ~ In IhIa ~. any noIIoe !IIqIIIrad or permilled III. or !'liable! to. tIIIo Ajpae-87 man! (lndudlng 1IMICaIl_ or offarJ or ....... otftn) muIIl baln dog. NcUcea to SeIIor muat be IIgnad by at_ B8 one BUyer and _I be deemad given Gllywhon th. nCIkIe IS reoeived by Seller, by UotIn,g Agent or eI tho loenud 69 Dlllce or UIItIng Ageit. NotJcea to Buyar I1IUIt be IIgned by at leal! ott. Seller end _I bellll8mad alVIn only When 70 \he MIIce Isl'lCtlvad by 1kIyor, by SeIling Ucen_ or at Ihe UcenO&a offtce or Salang U_. Rec8IpI by SeIlIng 71 Lk:en8ee of a Real PiDpGrty Tnon&f$r 0I1C1oeu/8 SIatemaoI~ Public 0fIe1lng S18IemenI and/or ~. CeIIIIce1a shall 72 be daamed """"PI by 1Iuyer. Sellin; LIeeneee end LlsUng Agent have no reapone1blllty to adYIaa or noceIpi of • 73 notice> bayomIelIher phoning Ihe party or ClIIIIng a aopy of ilia notice \0 be delivered \0 tho parVII addnIu ohown 704 on this Ag_nollt Buym InII Seller must keep SeIling Lioonoea end LlsUng Agent advlaed of thaIt""'_UlaIn 75 ardar to _pcampt noUficaIIcn Of "'""ipI of a nollQe. 78 k. CamllQldan of TIme. on--lPecillad In Ihls ~ IllY pertod or IIIne BIaIad In 1II1II Agr.IIIIIIIhaI 71 atart on the day fallOwI~ the _ =nI11IIIICiniI1hII peoIOd and shel iIxpIIe at 8:00 p.m. or !he Iaat calendar dey d 78 Ihe apecHled petiOd Of tInHI. Except f<rlhe I'OUUoIan Date, II the last day It • Selurday, Sunday or legal hoIldar as 79 delln.~ In ROW 1.18.050, Ihe apedIIadPII/IOdofUma _ 8lI/lII8 on the n&lCldalylhellB nata 8aIIInIay. SUnday or 80 legal holiday. Arrt apecllied pllto~ of II cIeya or T_ ohall nat Inch ..... SalUIdaya. SInIIYO or _lI'IIIUINCII\II$. 'l'lm811 81 Of lila _ oIlh1e AgIeamanL 82 L __ Dr E_ T ......... Ion. F .... mU. tranarmolon ofl/rfelgned orIQInaI dccumInI, Md-*lon or lIS any 8Igned facIsIInIa InIn8mIIIoIon, aIIaa be IhO __ .. delIVery dan arlglnII. At .. requNt of elIher l*fIr, orilla 84 CloIIIng AOant. \he parUet will COI11Itm raootmIIalnln8lllllled IIIQ/IIIIUre8 by algnlng 11\ original dCClaIIaIIt. E-maIl ~ 85 ml8slon of dny document or notice shaH not be etrac:Itva un1eM the paiII1810 this AgI8emeJIt 0IhIIMI8e IIgr88In WIIInII. 88 M. lnlIIgralion. 1111, Ag_ COI1IIIuIe8I\e _ underetandlng baIwsGn the partlea and 1IUpIII'IIIIdeJ.u prior or 87 ClOIIleII1poraneous untIlIIIIIIrodIrQs and JUpl8I181111111ona. No IIIOdIIICIIlIon oflhlllAgNernanl aheII beel'rec:llw unIea 88 ~~~~and~by~end~ n n. __ nt. Buyer may not_Ian tIlI& AIIrHmfIIIt, or B __ * lIghtS Ileraunder. WIthOUI SaIIer's pfiorMItIM co~ 80 unie8S proyIded DIheIwIIe linin. 91 0. Delilult. In ilia -1II¥>r leill, wHhautlegol-.aa, \0 ClMI"'" ilia purchaM of !lie 1'Iap8IIy;1hen ilia IOIIowIng 82 "",.bllan, atldllnllft«lln $peoIIIc Term No. 7, .... 11 apply: 83 I. r=orreltuno of l!amellt 1Ionev. That poIIIOn of Ihe I!ameet Money thaldoas nol.......clllve panMIfIt (W) of.. lM PurchIoae PrIciI8hallbe forI\!IIad to \he SeIIIr as the BOle and 8IIduoIve I8mIdy available to Bellar farlUCl! fabe. 8S IL Sal..,.. SIocIIon of ~ SolI. may, at SeIler'8 opUon, (Il ~ .. p ilia I!OarMOl Money nllqu!daIad damages 88 118 \he lole and ea.atve 1lIIJl __ avaIabIelO SeHer far 8UCI! .... (II) brtng SQ~ -a8lnllt Buver far SaIlera 8CIUII f11 aemagae. (c) bIIna IIIIiIID 1P1dIIot11y enlo!oe this Au-and .......,.,r BIll' IncIdenIaI demlgaa, or(d) pursue 88 any other rfghIa or.....-. .......... 1II111w oreqully. 88 p. Alta_yo' ...... If B'¥'I' or Seller InaIHuIes lid! BII'in&I the _r c:oncomlng lItIa Ag~ lite ..-ItIQ patly 'a 100 lIhIIIIed I/) _1IIb1e aIIOlJl8Y8' ..... end-. 101 q. 0""". Buyer ~_ to pun:flbe tIM> P/UfIerIy undarlhe IBmII and condIlIons of IhIa ~II. 8eIiiJr _ _ 102 unlll 9;00 p.m. on Ihe Oller ExpItaIIon Dale 11> aocept tN. offar. _ 8OOnor wIthdnIwn. ADcepIance IhIIl not be 103 effecIIve until a ~8 IICIQaIIy recaIved by Buyer. by Selling UciInaaa or. ilia IIoanHd oIIIoa of Sellng 104 LIcen ..... If this ~D """"P"'d, II Shill I""". and II1Y Earnest ~"haII ba _ID Bcqar. • 105 initials: 13l'VER: ~~ illiTE: O4lQWOO, SEU..ER:_ \I. DATE:41l) Ip,e 106 BUYER: txtz.,(.. '. DATE: 'til'} (os SEUER: DATE: 107 20060909000472.005 NWMl8 Form 25 OCo~200S V.cam Lind F'U!OlI ... & Sale VACANT LAND PURCHASE AND SAlE AGReEMENT No_II M.~Uotinll Sa ..... Revile<! 03/03 GENERAl. TERMS ~ RIClI\T8 RESERVED Pogo 4 014 (1lOIIIinIJed) r. Co_rofIar. Saller ag.-\0 1811 the ~ under tho _ and condlllonA of Ihi_ AgreemenL If Seller maI<eB a 108 counte!Cffer, Buyer IIlUIIIIVMI until 8:00 p.m. on"'" Count8lOlf8r SlrpIrailon Date to eCOBpt the __ , -. loa """"ar withdrawn. Acoaplance ahoW not be ellecllYII unDI a signed copy I. BCtually .....,.ed by senor, by Uetlng 110 AIJ8'I\ or at the l1oenIecIoIIIoa of Uatfng Agent. Rthe counierallelll no! eo accepted, liallall lapoa end ~ Eamaat 111 Mcney shall b~ reU1ded to Buyer. If no ""lllrallon date 10 apacilled for a _ counleroller. tho cotC\IOrofIer _ 112 8J<IIire at 9;00 p.rn. 0/1 !he aaccnd day altar tho counteroffer 10 algned by the last po rty maldng !he CllUntIrOII'ar, 11 S unleaa .ooner wlIhchwn. . 114 L AGency D ........ 8 ..... SaDing Broter repreaenla the aame party !hat SaltIg U_ repreaentS. I.Iatir4J lIIoIcar repro-115 _ Iha aema party that tho I.I8ting Agent r~nta. If SaIling U_ end Ua1Ing Agant ..... dIIIIlrant oaIeapel'-116 sona aIIIllaIIId with Ihe arne Il/oker, then both Buyer and SeN .. confirm fheIr conaant to that BIoker ropreaenllng 117 both parties 88. dual agtnL It SoUIng l.Icerl_ end Uating Agent are !he __ 8IIIoaparaon AI)lI8Santing both 118 pstU •• lhen both Buyet and SaUer confirm #Ie" co_ to tl\lllta"'"petaon and hI8Iher Broker rap~ both 119 pertlllS lIS dUal agenIL iU patIIas acI<nOWIedgo receipt of1he pemplHt enUUed"The Law of Real_Agency: '20 t. Commlulon. Seller and Buyer s;ree to PlI)' a comrnfulen In accordance WftIl any Haling or com-. agreemenI 12.1 to which !hay .re a party. Th6 LiBIIng BroIcat'$ commission shall be appootionad IMItween LJattng BIlIker and SeJIil1!I 122- Sroker as opacified In thellatlng. Sell ... end Buyer hetIIby _110 Uallng Broker or SelIinII BlOker IIIOIIMng 123 ccmpanaUon from mD1'8 than ana party. Saler and Buyer henlby IlASlgn 10 UalinjJ Braker and SeIling Braker, IS 124 eppllC\lllle, a PQrllan of th8lrfunde In 8ICIaW equal'" 8Uch _llIen(l) and Im>uaaaI>ly Illatructthe CIQaI/Q 125 Agenlll\ dlabur .. ilia cammlaaian(1I) directly ta file 9rokelW. In any aellan by UsIIno or 8eII1ng IIIokerlD enfan:e 128 IhI8 paragraph. tho prBVIIDing party I8I11l1fl1ad to co..t caata 8IId -. attomeys' feea. . 127 ... Feulblllty Contingency. It lathe Buy6r'8l1t8pt1t1111b01ty 10 verify bBI'o!e IhIo FaasibUItv ConUngency ElIplIaIion Date 128 identified In Specilic Tenn No. 17 __ or nat lhe Proparty oan be platted. d~ and/or buI. an (now or In 129 the future) andwhallt'lolll coeIlodo thIa. BUYER SHOULD NOT RELY ON ANY ORAL STATEtlletrS canaomlng ISO this made by tha Seifer. LlI!tlg Agent or SelUng Uaon .... B~r ehcuid l"'Iulrut the IlH¥ or 00U/1Iy, and _, 131 s_ cr _ opecfaI d_1n which !he Property Is Jooatad. Bt%'er'a inquiry ehculd Incfude, but not be IImI1ed m: 132 building or deueIoprneni moratorlwnl appIiQaIIle 10 or belll/ ccl'llldel'ed for th& Proparty; any apadaI building 133 requlrementa, IncIU!llng eoIbacke. heIQht timua lit reatrIcUan8 en whe,., bUlldlngs may be 0Q/IIIIruded an tha 134 I'toparty; WI1a1h8r lIIel'rape/lJ Is atrecIe<I by • /lOad zone, watland$, 8horalll!1d6 CI DIller envl/onmenfBllv -... 135 _; road, achOo1. 6,., and any lIIhar /IIIIWth mIIlglti<ln ar Il11I'act fees IMt must be paid; the prDCII!IIure and IangIh ~ 138 time nacaacary 10 _In plat aJll)llMll fIIIdIor a building permit; IUIIIcIeId _. _ and UIIIfIr and any .. Nlt:lt 137 ccnnectlon charger, and WI other chIM"go8 that muot be paid. 138 Buyer and au,&r'8 agents, ---. ClOIlIUIIanIa, IllChlfacta and «Ig!naera ehaIIlVMI the light, from lime to ISS time dImg the feaoIIIUIy ccnIInganc:y, 10 entor ontt> Ihe Property Ind 10 ",,"duct any 1a8III or otudIes Ihat Buyer may 140 nead to aecertaIn Ihe condIUon and 8U11ab111ty of !he Pmpartyfcr Buyer's InI«lded JIWIlOI8. 8~ aIlall reaIol8l1le 141 Property and eIIlmprovemenII on the Property to #Ie 88me ccndtlon they _In prlor 10 the lnspac:Uon. Buyer shell 142 be Ie8flOIIIIbIe for ell damages resuiUng tom any InapactfOn of the Praparty parfonned an 9uyeI'I; beha1f. 143 If the Buy..-deee no! Si" noIIao lD file aanInuy an or b8Icre the F_1>I1fty ContIJ1genq> lilcpIra!Ian Date IdenIlIIad 144 In SpeclliG TIIIm No. 17, ft IhIIII be ~ deemed that B..,...-II aatI&fIed 88 to daveIDpmantandlar _ 145 !Ian feeolblllly and ecoot. If IIuyer gIve8 notice, IIriII Agreement IliaD terminate _the ea_Money shall be 1<46 refunded to Buyer, 1_ any unpaid co.... 147 Y. Sub_ton. If the PrcpeIIy must be awdivldad, Seller re,"""nII thai there has bean pnllmInaIy pIIII.ppmvaI for 148 the PI"DIler\y end IhIo Agl1l8l1lant Is con_ned an the _ng of !he final plat cantalring the Pruparty DO ar before 149 tho data 8pecIIIed In SpaaIfic Term 18. If the final pial II no! recorded by suc/I dale. this Agreement ahaIllllnnlnala lliD and the Earnaet Money shall be refunded 10 Buyer. 151 w. Property C:ondtllon 01 •• _. ReaI_ b_ a""aaI_na <III not!l\HUllldll8the"..... ... arceo- dillon oftha Proparty. Soma propetllaa may _ bUilding lllafarflllS, lnoIudIng aldlng, _ng, oeIIJng, lnautatlOll, elecl!lcal, and plumbing maledala, thai have been !he subjed of IawUIa 8IICIIW u-mmantellnqullY beoa_ 0/ pDeslble dflfecIs or llaallh ""-tIs. In eddIUan, oame pn>panJea may""" other dtoIecIs arlllng _ ccnsIrUC!lon, such as drainage, loa1mge, peal, rut and mold praIotem.. R .... _ llaInaMa do nat heuathe~ .. fD IdenUI"y or a_a daf1Iotive rna\ellaIa, or condltiOll8. Buyer Is urgecIlD reIafn IntpeCIora _tilled 10 IdenIIfy the praeenca 01 d~ n III and IIIIIIiuaIa the cond\llon of the Prcparty. 182 163 154 155 156 157 158 InIUII., BUYER: j ~ DATE: 04mmOOS SELLER: , • V. DATE: 'ib'!./or 154 BuYER: DATE: %'3/05 SBJ.ER: DATE: ____ 155 , Addendum "A" The following is part of the VIILl8IIt land pun:base and sale agreement dated, AprU1, 200S between Wo1fsoo (Seller), aDd TOIII.ID)Il Shirley Oough(Buyer)CQII<le!JIfng 188XX lOS'" Ave. BE, RCIIIon, Tax 10 662340-0054 (tfle poperty); The:refop" lite buyer and seJk:r agree as follows: 1) PREVIOUS STUDIES I REPORTS. The Sd\c:r ~ to provlc\1: buyer with IIDY and all put studies, surveys, and lIlY other iufbunation whic.h may be helpful to the buyer In his f*bilityrevicw of lite propeJty, wilbln 10 daya ofIllUtUlll1JCCepIa1J,ClC 2) APPIlCA'IlONS: Sel1er agteea to participIIIB In a timely IIIlIIIQeI' In providing necessmy idgnalDres OIL documenlS to accompany applicaliODS as required. SeIlet may not UDreII8OJUIb1y wiIhbold his aigaature. 3) LIMITED ACCESS PROVISION: Seller srauts bu,yet, his aaema. and I or assigwI to enter the property 88 required to conduct a feaBIbllity study. and prto(lIIre pbms 1br liUbmittallD the local govea:nlDg IJIIlIlCY or oIher dlstrIct as needed. 4) HAZARDOUS W AS1E: SeIlet warranlB 1haI there are no UIlderground stonge taDks on !he property and. to the besI of Sellms knowledge. due inquiry, Ibete has heeD no producIion, diaposal or storage of any hamnIous wasIe or other toxic subslauce ou. In. UDder, or acljacent 10 the property by the Seller or any other pmsoD or entity. S) Seller ill a I!~ real_ aaent with SkylinIll'ropMies, IDe. and is lIC1iDa fOr his own tICCIlUIII. 6) HOLD HARMLBSS: AD costs related 10 the studies, plat application and fiJIIII cnaineering will be borne by Buyer. 1) TBRMINATION: In the evem of!em!i1IIIdon oftbls 1raDSIICti0ll, buyer agrees to 111m ovetto Sell ... all stDdita, surveys. eogineezing, ead ~ AOCBPTANCB OF TERMS.AND CONDmONS "II 13 I OJ" I I 4/7/2005 11(3/05 20060909000472.006 • 20050909000472.007 _1.5 Porm 22D Opfionol 010_ M ..... _ Rov. D3Ill3 0P1'I0NA/.. CLAUSE$ ADDENDUM TO PURCHASE & SALE AGREEMENT Pall" 1012 The fnHaw\ng II! port ofilia Pu!'dIa8e aod SaI"~1IIIt ~ -<lA~DOJri!ll7~, 2~OOS/!Q. __________ _ 1 ("Buyer") 2 rSoller,,) S ("the Property") <4 be\W88I1 Tom and ShIrl" 900gb. Hhebend and Wife, and/or wigns and Wolfson concerning J 88XX • ! m Ave sa Kmt. WA CHECK IF INCLUDED, 6 1. 0 6 7 8 9 10 2. 0 Ham_ ... Po/Ioy of nlllll ....... _ NoIwI1hsIandlng hi "11110 In .... ance· dauaa In III/B AglMrnent, BuyIIr'a 11 3,0 4.0 lender or CIoIIng Agant Ia ~ 10 apply for an ALTA or tcmpol'/lble Hameowner'a Policy of 11tIainauranca, 12 ralharlhan tho _III form owner'8 poley. DBuyer 0 6eIl .... (SBIIer If nellher bOx Is DI1aCl<4td) shaH pay... 13 -pl'Mlllum IlIHIrlhald!argedforaaIIIndaIG covarage pofocy. IfIheTllle lneuranae Ccmpany seIacIoId ~ 14 lIle paJ1Iea will not I ....... 11011_.....,.. PoIICyofTHle _!Dr the Praparly.1he parties _1haI .,a1ll!a 15 I......"... Camp;any 8hal118eue all8ndaRl ronn -.'a pcjIcy 1MlMd. 15 Enondad Covaraga TIIIe~, NaIwIIhItancIng the "llila IneUJa/lce" cIau8e In IhI8 AgNomenI, lluye(a lender or ClosIng Agent II cI.-d 10 apply for an Al fA or comparable eJdended IXI\IIII'ag8 policy Oftllle insur- ance, _than the._ fonn owner'. policy. Buyer lIIall PIlI' Ihalncreuad CDIIs IISIOC1atad IIoIIh the extended IXMIIIIge policy InoIudIngllXCMl PI8llWM owrlhat cfwged for. !Ilandan:I <:OVOIllII& pelley and !he COllI of any IIIIIV8Y rwqulred by ... lIIIa 1nIuNt. PlOptltY AMI GroIIncIe 1IaIntaInecI. Un1II JIOII8l1881on fa 11'11118'811'l1li to Buyer, Sellar qIaIIS liD IIIIIfnIIIn fl. p~ In lhe _ OlIncItIan .. 1I4KIn inHIaly vIew4d ~ Buyer. 111& 1m! 'ProperV InOJw.Ihe bulldlng(e); graundl; plumbing, heat, allICI11caI and 4Ihw ...... ; and allnduded Items. Should an appIfance at ayeIam bacolIIQ ~ ormalfunclion priarfo Analerof" .'.Ian, Selarllll_1O either rapalr or I8PIIce the same willi an appliance or ayetem Of II _ equal quality. Buyer _lIIe rlghllO I'1IInspeoIIhe "'-1r _In S daya pIIorlo1nmtler Of poe'lF'lm 10 mllylhe fo/'ellOlno. Buyer lind SaIIar "" ___ 11181 Iha lIItIna Aaent and SalInG Ucenaee ilia. not, .... any """"_De$, be ''''ble tar the fOlejlOlng ... SoIIer'. bIeadI of IhI8 cIauaa. 17 18 18 20 21 22 23 24 25 26 27 28 29 &. 0 Items Left .". Ie.er. Arrf p8ItIOIIaI ptqJ8I\y, fudu_ or PIh<or flame _alnlng on lIle Praper\V wilen pIIII888IIon 30 Is flllnafen'lld 111 Buyer IheIItheleupon became the pIIIpOI'\)' of Buyer, and may be retalnea or dI8pased 01.. 31 Buyer determines. ~,Seller agreea ItI doOII the InterlOI1I 01 any atrucIUI'8& and _ 111-, debria 32 and NbbIen on file Property p!lCt1ll Buyer laking poueuion. 33 I\. I?J UtIIlt1os. to UUI bell Of8ell .... knowIlIdgIl, SalI8r1'8(ll'e8Ol1t8 _the PlDflarty I. 0IIMI0CIIId1lla: 0 ~_ 34 main []wU ~Zmaln OaeptJcfank. 36 Inftlals: BUYER: 'J 1.. PATE: 04/0WOOS SELLER: ) LJ" DATE: "I1l:11 OS 36 BtlYER: ~ PATE: '1/,3(0 S BEllER: DATE: 37 20060909000472.008 tlWMUI F_ 2ZD Opllonol_ Add .. _ Re •• nI03 OPTIONAL CI AIlS. ADDENDUM TO PUIIICIIA8E a SALE AGREEMENT (CClI/IIIIIIId) PltIe2ot'2 7,0 .... uII&tIe •• _ 0 ... _ lithia 10 _ ... ~. Federal TracIe CommIuIon _ .. laM.......... sa I\lItowin; til be tUtad hi. If 1"1IUidon .... not y.t been Qlacled. FTC !'8IIUItltklnI require 8eIIar III IIImIIlh IIupr tile !18 lr\IQnnatlon beIGW In wrIIng u _ ...... III1b1o: 40 WALlIt$l.ll.ATION! 'T'IP£: _____ 1HICKNflSS: __ ~ __ R-IIALUE! _____ 41 CEILING INSULATION: lVI'E: THICKNESS: . R-VAl.UE! 42 OTIIER INSULA'I1ON DATA: 43 9. JI7I a.mn. Bro ...... c_ .. _ IIIt11n1Is 110 WIllIan IIIIIhg 1IIIfII81M11~ Seller..,... III pay a.I/lIIII JIIG/C_. 50 COJII'IIuI"" of %of",pdeecwSSooo.OO . 81 Iflhol!ameat Maney II ....... uliqlAdalacl CfamIgH, IIIV caoIS advluIoed ar 0DIIl!IIIII8CI by 8IIIIng BnIUr 8haII B2 be !elmblPld at pIIId 1hDnIIIam, and ... balllnllO II1II1 be dlvkled equalJIr bItWWn 8e11ef IUICI SeIIII1IlIraIIar. 153 10.!, I .... -.... Portv. a..-MfeIIV ~!hId S ... " __ lflii foIl"""'na HemA of ptIIIOIIII PIGfNI/IY. poe. &4 ....,..., Ofwlllch II11II1 PIH IV ~ on 0I0IIIne: 116 0 .......... 1:I .. DUIily ..... 1:J--cIIIh J'11IIhet &8 8u)w1llall __ .. lealebllla .... --. perfDrm aD ofllle aIlI .... llOrlsof ....... , __ Sal_ 57 ~ rram IUICIIIQIIIlIIlany fUIIIIt eblfOll\lan, 1IIIIIIr, or cIIIIm IrIIIng fRlm lflii _a. 58 11.[ I OIlIer. 69 80 81 82 8S e4 85 Il/I 87 ea 88 ?O NWML8 Form 31 e.mall lloaoy PIomluory Nolo R...,.I0196 Pogo I orl ocopyr1gh1 18H No_III"llp'" I.JaIlftg sa_ AU. RIGHTS R!S2RVED EARNEST IIONEY PflOMI880RY NOn ________________________ ~S=M=tt~=_ _________ ,~~ FOR VALUE RECEI\IEIl. TOOl and. Shirley Gough agree(8) 10 pay to the order of Stewart Title 8Ild Escrow ("Eltakflr"J the aurn 01 Tan thouund and nallOO Doliln ($10.000.00 ~ as foUOW&! [] wftI'jn 3 dayafcllawlng _ acceptanCe 01 the Pll'l:llase and Sole ~ 0' wlCbio 3 days following 1be satl~ compledon of liIaslbi6ty oontineency l11Ia Hote Is evidence of tho> oIlIgaIton to pay Earnest Money under a raaI 8rtata Pun:ha16 and Sal .. Agreement belweon l11alluyel'lnd Wolfton ("S8JIeI") _ 71bApr!!200S • Buy .... fel ... lOpay1heEamnl Maney 8IIirlIlJ as above wll conatllu18 -.. on aaId p~ and Sale Agraament .. well .. on this Hole. If \111. Note shaD be pIacecIln 111. hends of an atIomey Ibr collection, Of V auIt.hId! be bIOUght 10 collect any of IIlG belance due on \hi. Hote. the Buyer jIfOmlM81O pay ~ atIorne\t'? tees. and aU caurt and ccIIIlCIIon_. Date: O4/0712OOS • 'IOn -ng? or limllarlan(lllllgfl 1* not r __ Use a lIellnlCe data. 20050909000472.009 , . '. 20060909000472.010 EXHIBIT "An THE NORTH QUARTER OF TRACT 6, S. PANTHER LAKE GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE(S) 25, RECORDS OF KING COUNTY, WASHINGTON. Addendum "B" The following is port ofthcV8CBlltlond ~ II1I<I sale agreement daIcd, AI'''I 7.2.005 between WolDoJl (S.lI~r). and Tom and Shirley Gough (Buyer) COIICC<IIlDlIl88XX 108'" Avc. SE,ReIlIon, Tax 0>662340-00$4 (Iba property); Thm:!hre, tho buyer aru:lsen ... asree as WlloWII: 1) PcaslbJ1ity study Is hereby ""1'qI1od. earnest money ohaIl be deposlled as dcsc:ribed ill note. ACCEPTANCl! OF TI!RMS A'ND CONOmoNS .5 ;'1 ,r£ ---- I Buyer J I 20050909000472.011 20060909000472.012 Addendum "B" The following is put of tile V_I lend purchalle and sale agreement dated, April 7, 200S betWceJ). Wolfson (SeUer), and Tom and Shirley Gough (Buyer) concerning 188XX 108'" Ave. 51!, Ramon, Tax JD 66234()"00S4 (the prop8t1Y); 1'herefore, the buyer and seller asree as follows: I) FellSlbility study is hereby accepted. e&m1llll_Y shall be deposiled as described in note. ACCEPTANCE OF TBRMS AND CONDmONS I I .' '. CHICAGO TITLE INS. CO IlEF# 13\01.11,-'1. ®$1~ AffiR RECORDING MAIL TO: Westpac Development LLC 7'149 West Mercer Way Mercer Island, WA 98040 Filed for Record at Request of. Chicago Title Insurance company , DEED OF TRUST =~~jn the State of Washington only) ;:~C:::~"l:1$'f Date: July 15, 2013 ,~,...-~,IlI_fi Grantor(s)~~ of ~Iva Deacv Grantee(s): Westpac Development UC Trustee: Chicago Title Insurance Company, a Corporation Abbreviated Legal: PNT TRS 5 AND 6, PANTHER LAkE GARDEN TRACTS Additional Legal on page: 1 Assessor's tax parceVAccount Nos: 662340005302 nus DEED OF TRUST, made this 31" day of July, 2013, between The Estate of Elva DeaCV, as GRANTOR(S), whose address is c/o Ann Wilson, 1420 -5th Avenue, Suite 3000, Seattle, WA 98101, and Chicago TItle Insurance Company, a Corporation, as TRUSTEE, whose address is 701 5th Avenue, Ste 2300, Seattle, WA 98104, and Westpac Development LLC, a Washington limited liability company, and Conner Homes Group, LLC, a Washington limited liability company, as BENEFICIARY, whose address is 7449 West Mercer Way, Mercer Island, WA 98040. WITNESSETH: Grantor(s) hereby bargaln(s), sell(s) and convey(s) to Trustee In trust, wIth power of sale, the following described property in King County, Washington: LEGAL DESCRIPTION: Real property in the County of King, State of Washington, described as follows: THE SOUTH HALF OF THE NORTH HALF OF TRACTS 5 AND 6, PANTHER LAKE GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE 25, RECORDS OF KING COUNTY, WASHINGTON EXCEPT THE EAST 30 FEET OF SAlD TRACT 5 CDNVfYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 7204110301 SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON. 20130802002109.001 Public Record order. i'JOn~Order searth DOC. KG.1013 20130802002109 Page 1 Of 5 createo BY. bioetia Hilital. 10,242013 8.59:41 Aio. PSI •• which real property Is not used pnndpally for agricultural or farming purposes, together with all the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or In any wise appertaining, and the rents, Issues, and profits thereof. This deed is for the purpose of securing performance of each agreement of Grantor(s) herein contained, and payment oCthe sum of One Hundred Fifty Four Thousand Two Hundred Fifty and 97/100 Dollars ($154,250.97) with interest, in aa:ordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and made by Grantor(s), and all renewals. modifications, and extensions thereof, and alse such further sums as may be advanced or loaned by Beneficiary to Grantor(s), or any of his/her/their sucoessers or assigns, together with interest thereon at such rate as shall be agreed upon. To protect the security of this Deed of Trust, Grantor(s) covenant(s) and agree(s): 1. To keep said property in good condition and repair; to permit no waste thereof; to complete any building, structure, or improvement being built or about to be built thereon; to restore promptly any building, structure, or Improvement thereon which may be damaged or destroyed; and to comply With all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property. 2. To pay before delinquent ali lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens, or encumbrances impairing the security of this Deed of Trust 3. To keep all buildings now or hereafter erected on the property described hereon continuously insured against loss by fire or other hazards In an amount not less than the total debt secured by this Deed of Trust All policies shall be held by the BenefiCiary, and be In such companies as the Beneficiary may approve and have loss payable first to the Beneficiary, as Its Intenest may appear, and then to the Grantor(s). The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. Such application by the BenefICiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event of foreclosure, ali rights of the Grantor(s) In insurance polides then In force shall pass to the purchaser at the foreclosure sale. 4. To defend any action or proceeding purporting to affect the security hereof or the righls or powers of Benendary or Trustee, and to pay all costs and expenses, Indudlng cost of title search and attorney's fees In a reasonable amount, In any such action or proceeding, and In any 5U~ brought by Beneficiary to foreclose this Deed ofTrust. 5. To pay all costs, fees, and expenses In connection with this Deed of Trust, Induding the expenses of the Trustee incurred In enfordng the obligation secured hereby and Trustee's and attorney's fees actually Incurred, as provided by salute. 6. Should Grantor(s) fall to pay when due any taxes, assessments, Insurance premiums, liens, entumbranoes, or other charges against the property herefnabove described. BenefICiary may pay the same, and the amount so paid, with Interest at the late set forth In the note secured hereby, shall be added to and become a part of the debt secured In this Deed of Trust Page20fS LP8 2z.11S 201JOa02002109.002 Order. NOfHJtdef searCh Doe. Kt.2013 20130802002109 Page 2 OJ 5 aeated BY. bioeoei Prtllted. to/m2DI3 8.59.41 AM PSI Public Record rr IS MUl1JALL Y AGREED THAT: 1. In the event any portion of the property Is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to BenefiCiary to be applied to said obligation. 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive Its right to require prompt payment when due of ali 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 this Deed of Trust to the person entitled thereto, on written request of the Grantor(s) and the Benefidary, or upon satisfaction of the obllgatlon secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. 4, Upon default by Grantor(s) in the payment of any Indebtedness secured hereby or In the performance of any agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the BenefICiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, In accordance with the Deed of Trust Act of the State of Washington, at public 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: (1) to expense of the sale, Including a reasonable Trustee's fee and attorney's fee; (2) to the obligation secured by this Deed of Trust; and (3) the surplus, If any, shall be distributed to the persons entitled thereto. 5, Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest In the property which Grantor(s) had or had the power to convey at the dme of his/her/their execution of this Deed of Trust, and such as he/she/they may have acquired thereafter. Trustee's deed shall recite the facts showing that the sale was conducted In compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima fade evidence of such compliance and concluSive evidence thereof In 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 is not an exdusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. 7. In the event of the deattl, incapacity, disability, or resignation of Trustee, BeneHclary may appoint in writing a successor trustee, and upon the recording of such appointment In the mortgage records of the county in which this Deed of Trust Is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee Is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of an action or proceeding In which Grantor(s), Trustee, or Benefidary shall be a party unless such action or proceeding Is brought by the Trustee. 8. This Deed of Trust applies to, Inures to the benefit of, and is binding not only on the parties hereto, but on his/her/their heirs, devisees, legatees, administrators, executors, and asSIgns. The term Benefidary shall mean the holder and owner of the note secured hereby, whether or not named as BenefICiary herein. Page l 01'5 lI'S 22-05 20130802002109.003 order. lion-oraer searCh OOC. KC.20I3 20130802002109 paye 301 5 created By. biOedei Printed. 101242013 8,59.41 AM PS i Public Record STATE OF Washington COUNTY OF King ) )-SS ) 20130802002109.004 I certify that I know or have satisfactory evidence that Tammy Deacy, Is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged as the Personal Representative of the Estate of Elva Deacy, to be the free and untary act of such party for the uses 1nd prrposes mentioned in this Instrumen Dated: ~ L I U~ ,-.l,;~L..W:-1N4;=lwu.~.,t-::..- Notary P~:fn; a~d for the State of Washington ResIding at: JPJ" 11\ [ My appol nt expires: q ft s;: [Ii Page4of5 LPB22-D5 • 20130atl2002109.005 • ,. REQUEST FOR FULL RECONVEYANCE -Do "0/ record To be ured only when nol. has b .. n paid TO: TRUSTEE The undersigned is the legal owner and holder of the note and all other indebledness secured by the within Deed of Trust. Said nOle, together with all other indebtedness secured by said Deed of Trust, has been fully paid and satisfied~ and you are hereby requested and directed, on payment to you of any SWDS owing to you under the terms of said Deed of Trust, to cancel said note above mentioned, and all other evidences of indebtedness secured by said Deed of Trust deHven:d to you herewith, together with the said Deed of Trust, and to reconvey, without wamnty, to the parties designated by the tenus "fsaid Deed of Trust, .11 the estate now held by you thereunder. Doled: _________ _ IPB 22A.oS(i) Page SofS AF'fSR RECORDINO MAIL TO: EP Ilatesprise Prop.rn.. UC 2~'1l 104111 A....,. 5E KeoI, WA 98030 E2618787 11/11'2813 11:H KIN;; COUNTY, lolA .Il'!! ....... 11 _ 1 1.,958." Piled for Rec:oni ,n ReqllCSl of: WI'G NIOoalll ntle Complll)' _ NumIJor.lOO77315 Statutory Warranty Deed Grmtcr(s): l"III:mw A. Goup and Shirley M. Gough,. busband..nd wife O_.~ .. ""-'" I'mp<nIe$ LLC • "" __ 1 OF"l A_ted LopI, PW TRACTS 5. PANTHER LAKE GARDEN TRACTS. VOL 9, P. 25, KING COUNTY AdditiCHlllI1epl(s) on pile: ........... Tax _ Nuonber(.), 6623400050 THE 0RANT0Il ",.,.", A. <loush and Shitl" M. o.ugh, husband and _ fill ODd in ccmkieratiolla(TEN DOLlARS AND OTHER GOOD AND VALUABLECONSIDERATtON iq hand paid. cOtMys aDd wamnrs to EP &.terprise Propcrti~ U.c tIle folm.>ina des:cribed ral mate, atuilled in !:he Co.!nty ofRill8, Stlfe ofWllllhillglOIl: THE NORTII HALF OF TIlE NORTII HALF OF TRACTS 5 PAlmiER LAKB GARDEN TRACTS. ACCORDINO TO TIlE Pl.AT TIII!REOF RECORDED IN VOLUME 90FPl.A1'S. PAGIl(S) 25. IN KINO COUNTY. WASIIlNOTON; EXCEPT '!HE EAST 40 FEET OF SAW TRACT 5 CONVEYED TO KINO COUNTY FOIlIlOAD PUIlPOSI!S BY DEED IlECOIU)!!I) UNDER RECORDING NOS. 19175' AND 7204110302. OIlANTOR "C'KNO\\'U!DOES ntAT 1Tn..B 'TO THE PROPERTY ts MARKErABU" TTHE TlMKOF 'J1fIS CONV£YAH12. TREFOu.oWING SHAU NOTCAUSETHSlTTLE 10 BE UNMAlKETABU;; IUOHTS. R.GSStvAT'!ONS. COVEtWns. CONDmONS. AND RSSTRICTlOWS, PItESI!HTL Y OF RECORD AND GENERAL TO THE AREA: EASl!MSNt.! AND ENCROACHMENTS, NQTMA1'PStIALLY A~ THE VALUE OF OJ!: UNDULY tN'TI!RPI!fUHCi WITH GRANTEE'S REASONABLE USE OF 'DIE PfWf'BltTYj AHO R!;SERVm>OIL ANM)R MINING RIO"". ;:: t·.; ::'t ~! .. it ;:1 ::1 I :t :: .J ! j [ N 0 ("') 0 ~ 0 '" ,- d :f',-k ;'i .1 t) ".1 '~- ,FA No. S .... OZ;lf.~ WARRAL"ITY DEED In lilt' M(lIIf'" oj SWle ROlltf 515 I (~_.-.SH No.~~ .. _. ___ .) HI' 3.11.1 tD HI' 5.15-, Renton ViefTlitYI ~. E. 196th St. to Cln' Ro .. d KNOW IILL MEN BY THESE PRE8ENTS, Th., II,. a .... tor Glad}. L~ Oto~r, II her .e,ar6t~ eat.tt lor {HId itt l'OlUdderaliou oJ j!le .rum uf 'i£N AND NO/1OO-· -------..... ($10.00)-----.. ------DoHIIT', and other valuable consirteratbn Ilcn'"!1 e'otU't."11 Illid UUlrrant tQ die S1'ATE. OF WASfUNOTON, !lIe following describecl real cslull1 silU~ rJttd hi lang COlUlIy. in the Stale 0/ Wa,shfnaI011. 10 the $am<! C'.t'telllllllc/ pnrfl'0.'R' «$ if Iht.' rights 'Iercin grdtllttf h.'ld been. acquir'td nnder Emlnenl Domain ~Iahll~ oj rite Slalt' of \Va!hillgtolt: All thilt f'I(lftion of the followinlt desf:ribed Parcel IIA" lying tutedy of A line Qravn pArallcl ~lth -nd '0 fe~t WCltarly uhen .. 48ured at riRht fURl •• fra. tbe eenter line or S"R SB. HP 3.87 to Sf S.15, bnton. Vicinity I S. E. 196th St. tu Can Road, ~g."Jo.": the ~ottb half of the ~orth halt of reacts S and 6, Panther 1.lIke Gnden Traeta, accordinlt to plat recol'de:d in Volucna 9 ot PLats, paRe 25. in 1(1n& County, WashinR,ton , EXCEPT tl'le ERat 10 feet of ,aid Tract 5, cDnvey~d to KinR County for read pUJ1)OSC8 by dl!led recorded under Auditor's File Ne. 791m, It 11 under.tood and &~~~d that the State of W&.bin~ton viii recon.t~ct the exl.tinR road &ppro.~h on the ~eaterl, aide ef .aid hl~hway at or near H{~bva, r.n..tneer's Station 282+10, whle~ approacb .hall be .a1ntaiaed between the rt~ht Df way ltne and the 8houlder line of the •• id h1~bvay b1 the Krantoro. tbeir helra, .uece •• orl cr 4aB1~n.. The !tunton herdn further ~r'lJ.nt to" the Stat.. of WashIngton, or lta 6 •• ntl, the rip,ht to tater upon the !tr.ntor'. remalnlnR land8 vhe~e necesaary to ~on.truct sald approaeh. Th. land. hereIn eon¥Gye~ cDntain an area of 1700 equare f~t, mere or leal, lilt' ~pcdPlo ""'nil!! "tmctrnitl£1l1f1 (If whwh arC! to be fotmd wllhin (hat ('crtaill lIIap oj deJifdle loctltlotl lW1I' 01 r('('ord dtld Ort fife In fhe llJ1lre 01 the Dircclor 01 iligJuraliB at Olympia (md bearing date of IIPP""OI'nl 8-9-71. and the center line of whIch is also .. hown of reeord in Vol\Ae S of Hl~~ay Platl, pa,e. 32 And 3J, record. of sald county, The ~r.Dtor .~roc. tp ,urrende~ pol •••• ion of the un~pr~d prop8JttT ~er&ta e~yeyed OA hhrury 22. 1972, but not pr{or to receipt ot oayaent thltrefon ,~4 11 i$ Imdf!'.jIltJOd (Iud cgreed fhal thlP dflh.·ery ollhi.'1 deed is ltereby le"dered alld Illdl IIle Itrlll$ and obliflt1tion, ACTtO! ~'ICII1 no' berome birrding upon rile Stelle of Wtld1!ng,on unlC.lR enid until ac("("ptcll nf1d aJlprotOed IltflWn In l~'ritlng for (htl St(!te of Wa .. hjngton. Departmen( oj Wghlt"4!f$, by the Chic! Right 0' IV,V A.g<1lt. !)a«d thlt .... I2ad .. _ .<lav or·.-ru • .,. ... ~912 ........ . A"C"'plcd Ci?ld appro"l!!d_.6I.7 .. 7.'.~2~ STATE OF WAS!IlMGTON DZP"~&t4T OF. !!IUIiWAYS l/~';-' ).~c-.r, ;A. I l.· .,,,, • ' ••• " tI '''' .. ' ,', ,o.:l ", ~ " .. , ", .. :~:I" ... _--- .J.£cl..&jf¢. ,:/., .. :..!:.!".<i.-" ~ .... Parcal No. 1-8869 ~~ :, .<: .... " :~ . :. ;") .: ~ J :'1 .:;. I j '1 ;'1 I (lndJ.,ldllll IclI:llnwlc!t1lfMenl form) Stur: Of' WASIIINC", :I, } Cmnttll oJ __ . 111LC-... ____ . __ .~ ___ u. I, fht' lmdcr.,igpcd.a notary Vtlbllc in I1nd lor file S~llWOJ Wn!hin!1I01I. hCrfbU C'el'HllI ~hll' ml O,il: . _22:n4_, ...... dlilt oj.. Fabtuat'J., .. 191? " •.• " .•. _" .~ ... _. .. __ pc!1"Jonl'llltJ QPPf'arC!'d b(l/()'p m(l' STATt OF WASJIlNtrrO:'( • County 0/ ......... -. __ ._. O.lhl& , .. ,day 01_ .before me personally nppeartri lome kncu't1 to be the.. . ...... _.,(tttd •.. of Ihl!' corporal jon rhat l'.n'<'fued Ihe fortgoing hUtf'ufncru. fU1d G<"knowledgoed laid in~rnlmf'U to be th(' frt'C and t'ollinlnru 11(1 n~d dttd of .roid corporation, lor tha UU6 and purport' Iherll!ln fllt1Ulontd. and on oatJl ,rated rhar.._,.. . --_____ .k"~ .... _. __ ~~u'homed to U'tclI.le lOki fn.rlrumenf aad thaI Iht ~eal aDix'cd f' the corporate :rul of laid corporatkm. Gh.'tn. under my Il4md end official ;eal 'he day and. year last 4bore wrilltn. " _"'_" __ "_'_,_,,_._" __ '~"'_ •• ' r' •• _. ~ •• _. _ ........ .;.;,. "t»t1~ hblk hi Gild lor '"" SrGh! ~J WcrahhlrlOIl, j . ..; • .".,. j;. RtAdl., Ot-·,_ .. v .... v". _ . __ ..... , ........ _.,,~ •.• " " '::=::,:iii:iiii£si'Oi: -W;: m I! ~,'I !l 00 I.. . • :':":~ .1 1.':) I .:. iL!C', ,. ", '·.ItI~O Cv. WNo I "_. ___ Czp:,.Iry OJ ~~ oJ \i " ~, " z ~ .\.: G \.l , ~ ~, Z' ... , II: N ; i.'~~ E <'J r1 Cl ~ 0 "':'t \4 I!l ' .. ' "I ~ , ~ 1"-'. I • l"l , .~ , ; I." . RETURN ADDRESS EP Enterprise Properties, 24913 104th Ave SE LT.r: Kent, WA 98030 Plcuo prim neatly or type iufonnation Documenl Tide(s) 11'1,,,,'1 PAGI1_. OF le40SS 75." 87/19/2813 12:88 KING aMITY, iIA ~ Notice of On-Site Sewage System Operation and Maintenance Requirements Reference Number(.) of related documents Gough, Thomas A. Gough, Shirley M. Granlees<s) (LuI, FInt, MIdd1.111ltb1) THE PUBLIC AdditiOIllll Rc(CJaJCC "s an paee __ _ Addillonal patca; em pIIIC Legal Deserlpdon (.b ............. ..." Lt.1.., _ pia ........... -.!IIp. ....... -""" ... ~ PTN TRACTS 5, PANTHER LAKE GARDEN TRACTS, VOL. 9, P. 25, KING COUNTY Assessor's Property Tax Parcel/Account NUlDber 6623400050 Addiliooalltpl ;, en page AddiDcmal ~ #'s OIl pap The A1IditorIRcconkr .. UI rd}' 011 the informaliml pnMdcd on dris fOrm. The sW'f ,"'laot mad Ihc docu'nads to "uif'y!:he accurac:y cr ~_ ... oflht_iOJin_pnMda!_ •. .. ..... NOTICE OF ON-8ITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS AIIIICSsor'. Tu ParceiIDII: 662340-0050-05 I. lIWe (print) Thomas A. and Shirley M.Gough , are the owners of real property within King County, which is legally described as follows: THE NORnl HALF OF THE ROR"l'll HALF OP TRAcrs 5 PANTHER LAKE GARDEII TRACrS. ACCORDING TO THE PLAT THEREOF RECORD!:D IN VOLUME 9 OP PLATS, PAGB(&) 25, IN KING COUNTY. WASHINGT(lII; EXCEPT THE EAST 40 FEET OF SAID TRACT 5 CONVEYED TO KING COUIITY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NOS. 791756 AND 7204ll0302. 2. The above-described real property is served by an on-site sewage system ("OSS"). 3. The Code of the King County Board of Health, Section 13.60.005 establishes certain responsibilities of the OSS owner with respect to the op"",tioo and mainleDanco of an On-site Sewage System, as follows A. The 055 owner is responsible for the continuous proper opemtion and maintenance of the OSS, and shall: 1. Determine the level of solids and scum io the septic tank at least once every three (3) years for residential system with no gamage grinder and once every year if a garbage grinder is installed and, unless otherwise provided in writing by the health officer, once every year for coll\lllel'eial systems. 2. Employ an approved pumper to remove the septage from the tank when the level of solids and scum indicates that removal is necessary. 3. Cause preventive maintenance/system performance monitoring inspections to be conducted and any indicated seJVice to be performed by an approved person at a minimum frequency in accordance with Table 13.60-1 unless otherwise established by the health officer or the sewage review committee. 4. Operate and maintain al1 OSS in accordance with this tide, with pertinent alternative system guidelines issued by the DOH [Stale of Washington Department of Health] and with the approved OSS owner's opemting and maintenance instruction manual. S. Protect the OSS area including the reserve area from: a. Cover by sbuctUres or impervious material; b. Surface drainage; c. Soil compaction, for example, by vehicular traffic or livestock; and d. Damage by soil removal and grade alteration. 6. Maintain the flow of sewage to the OSS at or below the approved design both in quantity and waste strength. NOTICE OF QNSlTE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS Page 2 7. Direct drains, such as footing or roof drains away from the area where the OSS is located. B. The owner shall nol allow: 1. Us. or introduction of strong bases, strong acids or organic solvents into an OSS for the pwpose of system cleaning; 2. Use of a sewage systell\ additive unless it is specifically approved by the DOH; or 3. Use ofan OSS to dispose of waste components atypica! ofresidentia! wastewater, for example, but not limited to, petrolemn products, paints, solvents, or pesticides. 4. Note about Operation aDd Maintenance Program Fee: Rules and Regulalions 02-01, amendment to the Code of the King County Board of Health, states, "AI the ti/IIC of sale or transfer of property ownership, the buyer or transferee of a property served by an OSS shall forward to the health officer a fee as set forth in the fee schedule and submit a signed copy of the Dotice on tide as set forth in Section 13.S6.0S4A." This fee is S40.00 per the Rules and Regulations 02-01, effective June 17, 2002. Dated this t' z.. day of ::} I.H .. Y (month) 7 ~) (Owner's signature) STATE OF WASHINGTON ) )65 COUNTY OF KING ) On thls I t. a day of .r.., '-'1 • ¢.Q 13 • before me pcnonally ~Dm~ ~) appeared 1'"I;IcMAs A.'N,AI\! Cnp<r~ and -, to me known to be the Indfvldual~deserlbed herein and wIIo executed the rongolog Instrument as blslh,lII .. oI. free and voluntary act and deed for the Wles and purposes berein stated. Given under my hand and official sea! this 1l.1"~ay of_~S.uo.>L,;"""~,,,_:---,.:-, (month) :;;'013 . (year) STEVEICJNG II1lmI! OF IINII'J.tmlN NOTARY PUBLIC _coer IM!"~ CM-1 ... 17 ~~. . Notary JIiibIiCJl( an~e Slate of Washington Residing at r,.J,...., 'loA. !JAr My Commission Expires 'Y' , f, I 17= · - NOTICE OF ONSITE SeWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS Page 2 7. Direct drains, such as footing or roof drains away from the area where the OSS is located. B. The owner shall !!2l allow: I. Use or introduction of strong bases, slrong acids or organic solvcots into an OSS (or the pwpose of system cleaning; 2. Use of a sewage system additive lIDless it is specifically approved by the DOH; Dr 3. Use of an OSS to dispose of waste components atypical of residential wastewater, for example, but not limited to, petroleum prodocts, paints, solvents, or pesticides. 4. Note about Operation aad Maintenance Prop'am Fee: Rules and Regulations 02-411, amendment to the Code of the King County Board of Health, states, "At the time of sale or transfer of property ownemup, the buyer or transferee of a property served by an OSS shall forward 10 the health officer a fee as set forth in the fee schedule aad submit a signed copy of the notice on title as set forth in Section 13.S6.0S4A.M This fee is $40.00 per the Rules and Regulations 02-411, effective June 17,2002. Dated this...JQ. day of-:-;Ji:~t...P-""=T ___ ~' ;l 0 I 3 (month)l (Year) ---(Owner's s/grulIure) STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this I D t:h day of 02 Q I 3 . before me peno.ally o ~ (yar) .ppeared aud • to me knowa to be tbe iadlvld (s) des herein and who ,,, .. ,euted the foregoing Instrument as bislher/thelr free aad voluatary act aad deed for the uses and purposes bereln stated. Given under my hand aad official seal this ~y of--30~,J.I'u!"'4+_:--.-:~ .a ...... o ...... I_3'--;-. ...J (month) (year) MARJORIE A. GOEDECKE NOTARY PUBLIC STATE Of WASHINGTON COMMISSION EXPIRES SEPT£MBER 19. 2015 20060201001562.001 c:." r 111111111111110 20060201001562 _IS. GREANEY N 34.118 PAG£Il81 OF ee3 8Z1811281J6 13,:,25 . KlNG COUNTY, .A _""'ortjope_ WASHINGTON STATE RECORDER'S Cov Sh eet (llCW 65.m) er Doeumeat TitJe(S) (or tran .. ctimsCOIl1aincd therein): (aII ..... appIioabIe to,our doaunmtllllll! belilledin) 1. nntitf~ on Title 0~nt -In f.W@>£, ~ ~ ReCereaee Number(s) ofDocumeals assIgaed or released: AdditicoaI • .re.etWC 11'0 011 page __ of dccumont ~a~~lnithds) , 2. , AddiNlO'.' "..".,. on page __ ofdocument. GraJI~) (Last IIII!Ile first. then fimname and ini1ia1s) ~: WI 5\0 ) -re~ \. : AdditiaoaIIIIUIIOS 011 page __ of doclummI. Legal desaiptioD (abbreviaIW: i.e. lot, bIook, plat or section, towDsbip, I"8llge) {fA clbcx" 1..a~G GtQ cdtt!J. Trad:s i TrQds 5 Additionallepl is 011 page _ of doclummI. Assessor's Property Tn Pan:ellAeroUDt Number o "--Tal< IJ not yilt "1fGl.e.;},UiQ· OOC;;O • 05 The AuditodRoconIcrwiU rely on the iDfurmation provided on 1he funn. The slaft"wiII_ read 1he document 10 vcrl:tY the aecuraey or compIeta!cos of the indoxiI!g inrollllllion provided herein. . . . . . I am requesting an emergency noulDndard recording for an additional fee as provided m RCW 36.18.010. I WJderstand tbat the recordiIJgprocessiDg requirementS may cover up or 01herwIse obscure some part of the text of the origiDal document. ________________________________ .m~~~p~ ; WHEN RECORDED RETIJRN TO:. Hanis Greaney, PLLC Attn; Patrick M Hanis 6703 S. 2341h Street, Suite 300 Kent, W A 98032 NOTICE ON 'I'ITLE RIGHT TO PURCHASE 20060201001562.002 Notice is hereby 19.ven of the right of Rebecca Rockas, in consideration of payment of Two Hundred Thousand and nolloo Dollars ($200,000.00), to ~ a portion of real property commonly known as 18819 log1h Ave SE, Renlon, Washington, 3!1dlegaJly described as: TIm NORTIl HALF OF TIm NOR1H HALF .OF . TRACTS 5, PANTIIER LAKE GARDEN TRACTS ACCORDING TO THE pJ,Ar TIlEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE(S) 25, INKING COlJNTY, WASHINGTON, EXCEPT Tim EAST 40 alET OF SAID TRACT 5 CONvEYlID TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBERS 791756 AND 720411302. King County Tax Parcel ~50-0S Said portion of property to be purchased includes the eJristing home together with 12,500 square feet of real property surrounding and including the home site. The right to purchase includes connei:tiOIi. of the home to a sanitary sewer system upon developmeot of the remaining property. The light to purchase includes the right ofMs. Roc:kas, in oorsoie discretion, to bml the owner of the property finance her purchase at 6"A. interest per annum amortized over a thirty year payment period. Until the property is placed in its own legal description, Ms. R.ocbs has the right to rent the property fur $1,200.00 per month. However, a breach of the lease pIlyI1leI11 shaD not terminate the right of Ms. Rockas to purchase the property. Ms. R.ocbs' riSht to purchase arises from an agreement with the predecessor owner of the property, Mr. Jefferey J. WQifson, wbich agreement was acknowledged and accepted by the CWTeD1 owners of the property, Thomas A Obugh and Shirley Gough, husband and wife, as a condition of their JlIlIcl!ase oftbe property. Ms. Rockas relied upon said agreement and acknowledgment by the Gougbs as a condition of permitting Mr. Wolfi;on to sell the property to theGoughs. 20060201001562,003 • This agreement sbaII bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties, In witness whereof; the purclIaser, Ms, Rebecca Rockas, has signed this Notice this dQ day of January, 2006, ~~Q4 RoJIl-J Rebecca Rockas STATE OF WASHINGTON ) ) 88, COUNTY OF KING ) On this day personally appeared before me Rebecca Rockas, to me known to be the individual described in and who executed the within and furegoing instrument, and acknowledged that she signed the same 88 her free and voluntary act and deed, fur the uses and purposes therein mentioned. C in and for the State ~tIingt'on, residing at Sk&-- My' r,fJrnmi:'ssi' on expires: 10-2..'1-0 7 ,'. RFrURN ADDRESS: """"" ..... _ ...... QfIJoo 5701 1st Awnul 80utfJ Seattle, WA 98108 DATE: August 13, 2009 DEED OF TRUST 20090820000981.001 , . ........ . FILED BY PNWf '1f)~-~ Reference' (if applicable): loan 6' 048007239 Title Order 1703332 AddttionaJ on page _ Grantor!s): 1. (lough, lh."".. A. 2. Gough, Shirley M. (lrentee{s) 1. Viking Bonk 2. Pacific Northwest TItle Insurance Company, Trustee legal Description: Ptn. Tract 6, Panther Lake Garden Tracts, Vol. 9, pg. 25 Adcfltional on page 2 Assesacr'. Tax Pon:elID#: 6623~15O-05 THIS DEED OF TRUST I. _ Aug"", 13, 2009. among Thomas A. Gough ond Shirley M. Gough. husband and wlf. I"Grantor·); Viking Bank. whose mdIng address II South Seattle Office. 6701 1st Avenue South. S~. WA 98108 (refen'ed to below lometmes 88 -Lender" and :IOm8tlmlS as "Beneficiary"); and Pacific Northwest TrtIt 1n8UrWIce Company, whose mollng .dd .... Ia 215 Columbia S1r __ • WA 98104-1511 (referred to _ OS "'Truetee·l. Loon No: 1048007239 DEED OF TRUST (Continued) 20090820000981.002 Page 2 CQNYfYANCE AND GRANT. for valuW" C\lllMldIll'8tloll. GradtDr conveys to Tnmt. ... but wfIh power of ... dgttt oJ NItry and poaHticHt and for th8 banefit of Len ... ~. aU of Ol1lntor's right, 1ltI., .,g' Interflct In and to the: following d$$crlbed real P«Jperty, tugather with an eJdstinU or subaequentfy tIt8Cmd Of affixed InlIdinga. improvernentt and fixture,; a1ll1aatments, rights 01 way. and appurtel'l8tltlec:; aD Watf!lf. WaIlII rightI. and dhch rights (Including stock In utDities with ditch or Irrigation rigmw; OIInd ell otheT rWtts. royalUn, and ~fitII reletins to th!I ~ 1)t'opeI'ty. Including without limitation ,II mllW~ls. oil, gas. geothermal and almilal' matters. ,the -Real Property". located In King County, State of Washington: The north half of the north half of Tract 5, Panther lake Garden Tracts, according to the pia. th .. ~ r"",!l~ 1)'1 Vpiumo 9 of Plot>. pego 25. In KIng County. Woahington: EXCEPT tile "eaSt'"40lfeet:of said Tract 5 conveyed to King County for road purposes by deed recorded under Recording Nt.nben 791766 and 7204110302 The Real Property or its address Is commonly known 88 18819 108th Avenue Southeast.. Renton, WA 98055. The Reel Property tax identification numb. is 66234()..OO~. CROSs.eou.ATERAUZAl1OH. tn addition to the Note, this Deed of Trust aecUf88 BII obliptions. debts and liabilities, pJIJI inrerest d'lereon. Of efttler Grantor or Borrower to lender, or lillY one or more of them, as wall a. aM cilliml by under egeiMt BoJrower and Grantor or any one or MOre of them, whether I'II)W exi&tinO tit hatMftet arising. whe'ther rela1ec1 or trnI'eIated ttl 'the pt.I'pOSe of the Nott-, wnttt1et YOIu'Itery or o1herwi:ee, wtMrther due or not ckIe, direct or indirGllt, datanrliMd or undetermined, ebecIlIle 01 contingent. liq\Iicloted or trlllquIdated. whetheI 80rr0wer or Gran1Dr mal" be nable Incllvldualy or jolndy with omera, whethw obligal9d as guenntor, SUrety, accommod8tion party or othMwiu. and whether I\8CO\'efY upon such ImCKInts may be or hefnfter may become barred IJ'f IlR'r' statute of IImftBtions, aoo Wh8thBr tha obligatIOn to repay Such Bmounts may be 01' here$fter may become otherwiSe .............. REVOLVING LI'IIE OF CREDIT. TNs Deed 01 TrUat UCW8& the IndebtadnuIlnclIdirIg. wItftout imitation, a rewoIwIng 1M of CNdit, wtilcl! oblp_ t..nd ... to make acIvancq to aamtw. ., long a. 8orroww c:ompIla wiIb d 1fle wrns of the Now. IIld tke line! uf credit .. & not bHn tsrmJnaot.d.. auspended 01 camceIIId, tile Note aID .. negdfw amortIDdon. FundI may be .ctvanced by Lender, repald, and aub&eqtIantIy readvanced. The IIftPIid baIanI» of the reWlMng tine of credit may .t ou1D1 tInwIs be lower ttlan th • .mount dxnm QI":zara. A DIm ~ does rIOI tertrm.bI ..... IiI1II of credit or ~ I.dder'". obligation to achrance funda to am.ow.r. TherafoR.,"'e lien of 1hk D.d of Tnpt wftI rwrAln In ful force aQd 61:1: notwlthatand1n1il any zero bcdance. Grentot harebV assigns as lecurity 10 lender, .U of Gramm's right, titI8, and Interat In and to all leaaes, Rents, n profita of tbe Property. This e.afgnment I, reCOfded In accordance with RCW as.OS.070, the. lien created by .. lI8I!gnmant is !minded to be SfJ8C11Jc, parfected and choate upon the record1ng of 1hIII Deed' of TrLlBt. Lender gram tEl Granter a oo.nN to collect the RRntSI lind profits. which Iilc.-.II. may be revoked It ......",·c option and shal be ~lly revoked upon acceIIiIration of III Dr part of the Ind~. 11flS DEED Of TRUST. INa.UDIJfG THE ASSIGIIIIIBIT Of RENTS AIIID THE SECURJ1'V INTBtEIST IN TIiE RBIlTS AND PERSONAL PROPERTY. 18 GIVEN TO SECURE (A) PAYMENT OF THE WDEBTEDNESS AND IBI PERFORIIANCI! OF ANY AND AU. OBUGATIONS UNDER TlIE NOTE. THE RELATED DOCUMENTS. AND THIS oem OF TRUST. THIS DEB) OFTRUST IS GIVEN AND ACCEPTED ON TIE FOlLOWING TERMS: GRANTOR',s RB'RESENTAT1OIIIS AND WARRANTES. GTlntor warrants that (aJ 'If1. Deed of TIUIt Is euouIed lit Borrower's tequeH and not at the request of Lender; Cb) Grantor haa the full power, right. and authcrlty to enw into thia De.d Of Tn.nrt ,nd to hypothecate the Property; Icl1he provtslons of this Deed of Trwt do not ~nflict witb. or rautt In • default under any Igreement or ether ina1nneM binding upon Gramor end do not resutt in a violadon of 1lIIY law. regulation. court deeme or order applicable to Grantor; tdl Grantor hu e:stIIbislwxl ad~uate mellllS of obtaining frOm Borrower on • oontfrIuIng buitl In1ormetlon about Borrower'a finenciel condition; lind I., L.ender hu rMdII no repmoentation to Gtentcr about Borrower linolucling witho\rt fimitltlon the cradltWorttil'llHl of Borrower}. GRANTOR'S WAIVERS. Grantol' waivea all rights or dafenaas arising by reuon of Bn'f ·0118 action-or -.. l1IkJeflcieooy- law. or any other law which may prevent lfIndet from bmging any action &Gainst Grantor, incILICing III claim 10r daflclency to the extant lfIndI!Ir is oth8tw1t;e entitli!Kt to :til Cllllim for deficiency. before or after Landar's co~~nt Ot comPletion of any tcwi!!CJoaure eotion. alther judloleDv Of by elCIIrd" of • power of ael8. PAYMENT AND PERFORMANCE. &cept as otherwise providw in U. DGOd of Trust, Borrower lind' Grantor ...... pay to Lender all Indellt&dnus sectred by this Deed of Tom .. it becomI!Is dua.. and Borrower and GrantOr &hall nict/y perlonn au their reapeetiY& obIigltfone under tI'Ie No .... thic o..d of T ruld. end 1he Rea.ted ~. POSSESSJON AND MAINTENANCE OF THE PROP!RTV. Borrower and Gr.-rtJ)r e(II'efl that Bomwer's and G'entot's poaaealon lind use of th8 Property shaD be governed by the following proviIiol'l$: PoausIon and UM. Until the occurrence 01 an Event of Defeult, GrantoT may 111 remaln in poaaeasIon and control of 1he Property; 121 U:IB.. oper8UI or nn&ge me PropertY: and. (3J CClIIect the Ranta from th8 Pro1*tY (this priviIsge is a lloonH from L..nder to Grantor .utomatIcaItv rewted upon defauftt. The toUowfng provi8ions r.Ia1e to ths usa of the Property CIT to other Imitatiot'll on the Property. The Real Property is not used prlnclpally for II9I'lcukural puI'POSISt. Duty 10 MaktiatI. Grentor shaH mlirJt8in the Property in terlantable condition and promptly pttform III re~l'5. replacementa, .nd malntenan(;8 neoessarv to.,....,-w ita vehre. NuIunoII, w.:n.. Grantor ahaU not GIIUM, oonduct or pennit any nulsence nor .::omrnJt.. permit. or suffer Iny ..tripping of -or wale on or to the Property or IInv portion of the Property. Withoot lilr*ing the ganetlliity of the foreoolng. C3l'11ntor wII not remove, or grent to any other party the right. tD 1'8I'nOVe, IIIf'I tmbw, minel'll. jirl,;ludlnO oil and gasl. cael. ciaV. 1OOriII. 1SQlI, gRillel or rock producta without lend8r'l prior wrtn.n cansent. Removal ot hJ:IrowolMntS. Gt.Itor shall not demolish Of rwnow .,ry Im~ from the Re" Property without Lel1Cltr', prior written connnt. As II I:ondItfon to the removal of any Improvemente, Lender may reqWe GrwrlDr to make Kran;emel'lta aati&factDry 10 Lender ttl N:pIace .uch Improvement:l with Improvemerrtt of et leur equal valua. lMder's Righttu &ttar. Lender and Lender's agents and repreaerrtatlYel mllllY IIIIter upon the Rael Property at an reeeonable 1irnes to-attend to Lond!Ir's &rte",* end 10 inspcN;t the RuI Property for purpoaes of Grantor's compIiano8 with the 'tefmI; end eonditiona of this Deed of Trl.Bt. ~ wtIh G~~. Gtantof ahaIl promptly compty. an:t .ha11 promptty Ruse complanc:e by aU ag&Il1&, t8nanta or ather persons Of entitiu of fN&lY nature whl1sower wfIo rfN'It,. Ie:aae or .. Loan No: 1048007239 DEED OF TRUST (Continued) 2009082D000981.003 , Pege3 otherwIu IJ&8 or occupy 1M Property in any manner, with an· laws, oRflnllYl88, and r.gLIIlltions, mlW or bereafter tn eftectt of all govtll11mental auIfIotffiea I!IJIPIIcabie to the LIN or occupancy of th8 Property, looIucIng without linit«tlOt\ thI Amadcl:na WIth DlsabIIItIet Act. G"mor mey 0CN'ItBIt In good faith any such taw, ordinance, or I'egIRtIon and wid'II'IokI com~.DOe Ouring .. nv proclledlng, Including apprtJpriate appoel$,. 110 king a. Orentof hal; notIftId l.erldtr in wtldnQ prior to doing so and !O IortO ai, k'I t.nder'. IIOJe opinion. Lender .. Intel'Utll In the Property ere rwt jeopardized. Lender may require arantDt '10 pod ~ security or It turety bond,. reasonably ~ 'to Lender, to Pf1;Iteet Lender' .. IntiIrest. Duty to I'rO*L Grantor agrees nahher 10 Bbtr'lclon or luve unattended the Proparty. GI'WltoI.haD do 8n other actI, In addition to thoae lieu; set rarth «bow: In 'ttl!. S8C1Jon, which from the character and un of 'Ctle Property are reasonably l"lflceaaary to probct and prperve'the Property. DUE ON SALE -CONBSfT BY LENDER. LsndBl" may, at Lender'a opt/M. tAl declare Immad~ due and payable all IIJmt I8IIUf9d try 1his Dead of Trust or j8) IACIfeaM the inta'9IJt rm provided for in the Note or other dooume:nt evidencing the Il"Idebt8dnon and impose auch othaI' conditiona 8S .... nder deems appropriate, upon the .1Ie or transfer, wrthout Lender" prior written consent. of all or any part 01 'the Real Property, or any interest in the RaIl Property. A ·aaIe or tfatlafor-rneana the conveyance of Real Property or any right. title or irrterefi in the Real Property; whether Ieoal. beneficial or eqlJitabJe; whether voluntary or Involuntary; whether by outrfght: 81I1a, deed, lMtaIIment.aaJe contract. rand conlTact,. contract for deed, )easeflold Interest with. term greater thin thnIe (31 yen. JeMe.option contraCt" or by sale, euignment. or tral'l8fel Gf any beneflciaJ Interest in or 10 any land tnJIt holding tiUe to tho Real Property. or by any otMt method of conveyence of an lirtore.t in the Reel Property. However, this option shaD not: be PlDrciaed by Lender if el.d\ exercise is prohibited by faderallaw or by Wa.hingtOn law. TAXES A~ LIBIS. The fallowing provi-.iOtIs relating to the taxes and liene on th& Property are pert of this Deed of T_ Pavment. Grantl:Ir shall pay when due Cand In d avantl prior to delinquency) all 'bJres. special tlX8s .... earnema, ~ {inofuding water and eewerJ, fines and Impo$itions ievied against 01 on account GI tha Property, and shall pay when due all claims fat work dont on or for servIcea rendet'ed cr materiaf fumlshed to 1M Property. GrantIDI anall mahrtllin ttw Propaty free 01 all lions haYing prlDrq. owr or eqUDI to the Irrterat oll.llndet uncfar this Deed af Trult. except for 1hII lien of taxes .nd iIIUeume:nt& not due. except fur 11'16 &idng lndebtBdnan tllhlmd to below, and except .. otherwise prO\'ided In thII Deed of Trust. RfQbt ta Contnt. Gran1lOr JINIV withhold payment of any tax. aaseumel'lt, Ot ctaim in connec:don with a ;DOd faith diapubll owr the obIgetion to pay, so Ion; "' Lerder'alntereet k'I the Property" not jllOpardlzed. If. len .rlMS GI is flied as a resuH of nonpayment. Grantor ahaII within IIfteen (US) days a1tet the lIan ariaes or, If a 111:1'1 1& flied, wlthm fiftMn [15} days .ftft GrMTtor has notice of the fDlng, ucure ttle dfscharge of 'the lien. Of" requated by Lander, dlilPOalt with Lender cash or a lufflofent corpome IUr8tY bond or other security sati8factory to Lender In an amount IUfticlent to discharge 'lfu:llicn pllAI .ny COita and attomeye,' 1118$, or other ~ that cc;Juid ICQJUCI ... rasutt af ill foJcelosuTe gr s.1e under the lien. In any COntftSl, Gramot' ,1'1.11 defend ilse:l1 anet Under and .hall Mlidy any ecivwu Judgment t»foJII enfol'WMKmlnt BgIIinst the Property. GrantOf ahaII name lender as an eddItiDnaI obligee under artIj surety bond fumlthed In the conlBlrt procaacfngs. EvIdence of Payment. Grantor .hall upon d6mand 1um1ah tel Lender AIisfacmry evkIlInoe of paymgnt of the taxes or ......,...nts and ahaII euthorize the appropriate governmental offIci.1 10 deliver to Ltnder It any time I writtIIn ltatcmem of the taxes and asaesamanta again&1 the PI'OI*ItV. NotIce Di CcnItnactIon. Grantor 'haU notify Lender at Ieaat fi1tean (16) m.y. before any wOft i& commenced. any &ervIcea .re fumIshed, or any mfiIIllais are supplJad 10 d'II!II Propeny, If any meclwnic'a lien, mllt8rtalmen'a lien, OT other IiIn coW;I be as:sened on .ccount of 1he work. MrVIc., Of rmrteriala. Gfantor will upon ~ of Lflndar furnish to L..enttor .mtJ1)Q8 ""'ranees Alilfactorv 1D lender that Grantor can and will pay the cost of such -PROPEKI'Y DAMAGE INSURANCE. ThII following provilionll reIring to irIsuring tha Property are iii part of tfis Deed of TMt. M.rrn.n.c. of In.wrance. Gf .. ntor shill procure and maintain poIcfa4; of fire im:urenct with .I1:Bndard extanded ~ endcrnment:l an a rlIpiacemet1t balis tor the full inSurable value CCMlring II Imprcwernema on the Real Property In an amowrt aufficient 10 awid appIioadon of any ooil'lll.lr&nCe clau., and with .. 8tanderd. lItOrtpgee cIauIe In favor Of Lendef. GAintor ahlt:Il aIDa procura and maintain com~ ~11I1"'biIty m.u.-ance In such coverage unounts • L.endtr TnlV r"equeat with TrustH and Lander being namad .. additional Insureda In auch 1IIbl"1ty 'naurenoe policies. Additionally, Grantof wi ~ such O1her In8UrVIoe.. Including but not IIrrited to hua.rd. bull,... interruptiofl, and bllilet In&w1Inc., .. lender mey ftlasonably Nq...... Pcllciel ahaI be writl$n in fonn.. 1ImCKII1tI. covwages and baaia l'M!Ionably aoo.ptabSa to Lender end iIsued by .. COfI'Ip.fIny Ot eorPpaniM I1IIIsonabJy acceptable to Lendar. Grantor, upon rlilquat of Lender, wm dalivar to Landar from time to time the policies or certificatea of il'lll1ll"8riCII in fonn aatlllfIIctory to l...ender, IncludInQ lItIp.uons ttIIt cover.gea wIN not be cancallad or diminished without lilt least tMty {30J daya prior written notice to u,.,.. Eech InAlNnc:e policy alia shall include an endoraement providing that c:~e in fevor of LendN d not be Impalted In tItrt way by Iny IIOt, omission or defeult of Grantor or fill( other~. Sboukl1tle Real Pmpertv be Iocat8d In an .... deslgnatad by the Dftcmr of the "",e,.( Emergenc:y Management Aoency ... speciai IIood hazllnf area. Grantor .... to obtain and maintain Federal Rood Insurance, if avanatM. WithIn 46 de:ya aftBr notice Ie given by Landet that the Property Is located in a.spec:ial flood ha:ard .,.... for the 1uI unpaid principal ba~ 011he lOan and 8trI prior &ens on tM property.1CUring tI'Ia loan, up 10 1tIe mlximum policy lil'nit$ 'Mt undar the National AocxIlnsurance Program., or .. otherwise requited by 1.$\deI, and 10 maintain'such inMrance tot the ten'n of the loan. AppIca1Jon of ProceadI. Gramor thai promptly notify Lender Of tiny 10. C1I damage to 'the Property. L.ander mev mat. proof of lou It Grantor fa'lI to do ao wJdIIn fifteen (15) day$ of the c:aua/ty. Whether 01 not l.endor's IMIOI.Ifttv II im~red, Lender may, at Lender" election. raoeIve end retain the prooeede of any ~ and apply the pcgceede to 1ha reduction of the 1l1dabtadi .... pa\lRlMlt of any Ran ..rfectIng the Property, or the r88tOr8don and Jepa/r of the Property. If Lenda" elec:tl: 10 apply the procaecIa to restoration and nIPiIIIr, G.-.nor nil repair or repIac:e tha ~ or cfatroyed Improvementa In • "..,.,., AtiafRtory to Lender. Lanc:ler ahalt, upon "*factory proof of .lXIh expendtu,. pay 4)f relmburn Grantor fJam tha proc:eIIda klr U'Ie re ... on~ 00Jt of rapaIr or restorot\Cln If Grantor II not In dafauIt IrIder this Deed Gf Trwt, Arrt procftiClt; whlc:h haw not been cllburAd within 180 days a1tar thaIr recelpt and whlCtl IArKtw hae not commltbtd ttl the ~r or ItIItOfMiOn of the Property shall be IJIed first ttl pay any amoun! owfns to L.ender WKler this Deed of Trust, men to pay IJOWlIed Intereat. and thO (.malner., If any, shan be eppGed to the principal belanc:a of 1M Indobtednea. If 1.endar fdcfa .,.,., prOCMdtI after payment In full of the Indebtedne ... auch proceecI$ sNll be paId without ilTtereat to GranlOr as Grantor's IntereBts may appear. c:om,a.nc. wfttI 1!Jd.sJng Inchbtadnan. During the pert:od in Whioh arrv Eldtting Indebte4ness desCribed bejQw Is In effect. CQIhJIIanoe with the fnIwanoe proviSioiII' OOI'ItIIned In She inatrunent avidenclng auah &lttIno InclabcladM88 aMJI col1l1:ttute c:ompIlance wlth the insurenc:e provisIoru !WIer this Deed of Trust. to tha extent Loan No: 1048007239 DEED OF TRUST (Continued) 20090820000981.004 Paga4 compflllntle with 1he terms of this Deed of Trust would t:GRMitlJIe a duplloatlon Of 1nslhnC8 requirement. It.rty prc!QMCb from the inswance become pawble on Io$s, the prO'VWions in this Deed of Trust for division of proceeds shaJJ apply only to thlrt pottiMl of the prooMds not payable to the holder of the &iating lndebtJtdness. Grantor'. Report an m...-. Upon Tlquut of Lender, however not mota thIIn once 011 YQf. GrtIntor Shall tumistl to-I...wder a report on each existing polloy of Insurance ahowlng: (1) the name gf 'the Ineurw; 121 the. rIIb insured; IlJ tNt .maLmt Of the policy; (4) tlw property 11'1SU1'ed, the then ClIl'I'Mt repIace~ vatue of such propertY. and the manner of determfnlng that value: me:! (5) the expjration d8te of the poliay. Gnmior shaI. upon request of Lender, have an indepatdent appra;a. slrtlafactcry to LendI!Ir d8terrnine the OfOh \'flue I'tI)I.acement COlt Of the Property. LENDER'S EXPSlDmJRES. If any actian or proceed'".ng IS commenced thet would materia1ty affKt Lendet'8 interest in the Property or If GrantOr faiIa to oompIy with .ony proviaion of this Deed of Ttult or any Rektted Docume.rta. including but not imitJ&d 10 Gnmtor's faHure to comrIY with any obligation to malntafn &&r:tirIg Indebtedl'lQlll: in good ftanding as requiTed bdow, or to (flSCharge Of pay When due 8I'Iy amc:urtB Grantor Is fBQWed to diechatge 01 pay .... r thiJ Coed of Tnat or al\y Related Docurnentt. Lender on Grantor'. benatf may (but dlall not be obIiOated to) ten any' .ction that l.8ndw dI!I_ appropri.e.te. Inclwing but nOt limited 10 discMrging or PlYing ... 't8_ ..... ucurity intereat:a. anc:umbrancea and ather cltitns, BC any time kMed Of placed on the Ptoperrv w paying an cocts for Insuring. maintaining end: pruerving the Property. All weh expend!tura Incu~ gr paid by Lender for such purposes wUI1h&n bear Interest 111: the rate charged under lho No~ from the data Incurred or paid by Lender to the date oj repayment by GrantoI', AI auch upensos will ~ a part of the Indebteclnea& fIt'Id, at Lender's option. wi' fA) be payable on demand; IBt be added to the balance of the Note .Jnd be apportioned among and be J)8YIble with any Irwatalknent peryrnents to become due duting either (11 the term of any applicable insurance policy: 01 (2) 11'11 remaining term of the Note; or ICJ be tteated aa a bfIIoon payment which wID be due and fllvabla et the NatI!I's maturity. The Deed of TrUlt abo wit aecure paym.m: of these amounts. Such right shaK be m 6ddldorl 10 al other rights and rernocr. .. to whleh Lend ... may be entitled IJlXll1 Default. WARRAHTV~ DEFENSE OF Tm.E. The following pn;Ivi8k1n5 relating to owrwmip of the Prcperty IN a part of 'thbI o..d of Trust: TItle. _Grantor warrants that 18) (3nmtor holds good and marketable titla of raoord to the Propel1Y in lee simpla, free and clear of Bllliens and encl.l"nbrlnoefi other than those set forth In the RMI Ptoparty deecrlptlon or In tha Existing fndebtadneu section below or in any title irdurance poflCY. titI& report. or fil1ll tJtIe opinion IISIUId In favor of. and ac:ceptll!ld by. lfIndar in oonnection with ttVs D.ad of Trust. iIIIld Ib) GtantOl Ms tha fuR right. power, ene! authority' 10 execute and deiver 1hi!I Dead of Trust to Lendllll'. DeftnM of THIt. Subject to the exception In the P8fIISIfIPh 1Ibove, Gta-mlr watl'llnts II!II'\CI wll fonrvet defend the 1itIe to the Property against the lawful daima of all pat8OtI8.. In tha ~ any action Of proceeding Is oom,ntncad that questIona Grantor's title or 1he Interest of Trustee or Lender under this Deed of Trust, Grantor ahah defend the action at Grantor's expansa. GrantOr ma.,. be the: I'IOITlIMI party In such proceeding. but L..anoar shall ba entitled to panfelpate h the proooedir'19 and 10 be repf8S8ntad In tha proceeding by counsei of Lender's own choice, ..xl Grantor wi! deliver, ar ClIISII!I to tid delWirad. to ~ fUCh instruments aa L.endlll' may raquut from time to time 10 parmlt sLdt participation. ComplIance WIth Lawa. •. Grantor w8tfents that the PropertY and Grantor', usc! Of the Property complies with aD existing appI~bIe IIW$. O/'din$n(le&, and regWtiona of gcMImmantal authorities. 8urv1W11 Of Repa ....... I1atIot .. MIl WMnmIN. All repruentations. w8ffaR1iee, and agteetnll!lnts made by Gqrrtor in thI:i I)eed of Trust shall SuMva the fWICUtion lind (leIIVtry Of this Daad 01 Trust •• haII be continuing In nature. w nil ramaln In full tore. ancIlIflact untilfUCh time 'I Borrower'. Indebtadneu ..... 11 be paid in full. EXISTING 1ll000TEONES8. Tha foIowlng proviaior13 concemJng ExIstIng l~neMI are • part of this Dead of TNSt: Exktiag Lien, The lien of thIS Dead of Trust Mouring ttJe ~ may be II8COndary sod inferior to an existing Gen. Btant(Jr expusly covenerrts and tgrees to pay. or Ie. to the payment 01, tha Exiring Irdlbt8dnea and to pta\lent any default on 8I.ICh Indebtadn.aaa. any default IXlder the lnstn..rma:rca ~ng <SI.ICh IndebtedllDl. or.ny dmdt under any lIII!ICt1I'ity OOCUMllnta for auch indebted_, No IIodificIdoR. Grarrcor lhalf not entar intO ..,.,. agreaman1 with thI holdar of any mortgage. deed of 1rUat, Of other aecultv agreement wNc:h hal priority over this Deed of Trust by Whfch that egreameJIt is modified. arnandId. ~rw:lIId, or rat\II!Iwed withcKrt the pdor written conaent 01 Lender. Granter dIaIl I'IItithlIr requlll8t nor lccept any future advances under anv swh teOUfity agrtement without the prior written consem of Lender. CONDEMNATKIN, The fdlowlng pl'Ovi$i(Jns relating to eondamnatial'l procaedings IWII!I 8 part of thfs Oaed of Trust: ProceedIntI. If anv prgoeed'ng in oondemMtlon " ~ Grantor ahall promptly AOtffy l..IInder in writing. and Grantor ,hall I7fOITIPI;ty take such steps 411 may be nac:MlArv to dafand the action .nd obtain the award. Grantor mev be 'the nominal party In SUCh proceeding, but L.lnder.nall be antItIad to particlpatd In the procaeding aM to be repteaentecl In Ihe proooedlng by C01mB8I of feB own choice aa It Grat'ltl:lt"& awpanaa, and araraor will dlllver or oauaa to be da6vered tD Land1ft' IUd! ifIttt~ama and daClumentation .. rMY be requested by Lender from time to time to permit such partkliplltion, AppJroatiort of Net PnJcnc&. If all or srw part of the PMperty is ecndemnad by eminent mmain pMCeldlngl or by orrv ~ or Pl6Chasa In lieu of condemnation, Lender may at rts eIeo1ion r8qU1ra that elf or.any portion of U. ~ proceed! of the award ba applied to the Indebtedness Of 'the repair or rntora1:ion of 'the Propertv. The nat prOCIlld:s of the aWlrd shall rneaJl the IWoD-fd after payment of ailllnonable colrta. expaneea, snd anmneya' ~ incurred by Ttustee or Lander In connection with the condeMnation. IMPOSITION OF TAXES. FEES AND aiARGE8 BY GOVERNMENTAL AUTHORITIES. The following provIeIone reI.tlng to gov&n'II'nfWel taxtS. fen and charges are a part of this Deed of Trust: CUIWIftt Tu.. fMa and~. Upon request by Lander, GrantDr aNlIl execute 8UCh doc::urnantII In eddIdan to thil o..d of TIU8t and taka whate'tlet other lOtion 1$ ~ by Lender to perfect and c01ltlnue landat', len on the AMI PIOP8rtV, GrantDr wi relmburM lend8:T 101 all taxes, as deaorIbad baIow. together wiIh au axpenaeI Incurred In recon:fing. perfecting or contlnWni dill Deed 01 Trust. Including without IimfIBtion d texeIII. feea. documentary stamps, and otfHtr chargee for ntCOtdIng or ragiataring thla Deec:I of Trust. Taxes. The foIlowi1g ahaD constilutlt 18*8 to w~ this MCtfon apprll1i: 111 a specific tax upon ttia type of Daed of Tnm or \4XIIl all or any part ot the lndebl&d,... MCUred by this Deed of Trust;: (2J a specific tax on Borrower which Botrnwet 1& euthorilacI or required to deduct from payments on the IndebtaMess MCUred by this type Qf DEled Of Trust< P] a tax on 1tU type of Deed of Truat chargeable agafnat: the Lender or tha t10fdar of the Nate; and (4) a specific tax on .all or any portign of the IndabtednelC or on payments of principal and intwe&t made by eorrower, SubIIequant TIbaS. If any tax to WltiQh this MCtion appliu. Il enacted .ubaeQuent to 1ha date of this Deed of Loan No: 1048007238 DEED OF TRUST (Continued) 20090820000981.006 • ..... 5 Trust. thII IN8fIt shall t.ve tha same aff8et III en Event of Dstautt. and Lender may exerc!8e any or d of ttl: available remede. for en E\'01'It of Default. provided ~ .nasa Gramar either (1) peytI the tax before it becomes delInQuent. 01 12.1 contests the tax """ provided lIbmie In 1M Taxe. and Uena section IIIi'd depoatb with Lender cash or a S\.Iff"~ corporate surety boh::I or oth::tI" aeourity satisfDCtOry to Lender. SECURITY AGREEMENT; ANANCING STATEMBITS. The fuIIowing proyisjol'lll r*ting 10 tfU Deed Of TI'UIt 8$ 8 security 811f88mefd .-0 II pert of this Coed of Trust: SICtlrlty Aptement. ThI8 InatrumMtt .tvdI conatitu1.fl a Securtty AgrHment to the extent any of the f'rqMirty constlMes f'bclurQ. and: Lendlr nil haw ai, of the riglltl of • RCU~ party undvr th8 Uniform Comrnercilll Code 88 amI!Ind8d from time to time. s.wrtty ~ Upon requBS1 by Lender. GranIOr $t1aIl tflk. whatever .mon III raquested by L..ndar to parfect and continue lender's security Int8reet In the Rants and Personal PropertV. In addition to reeordin; this Deed of Trust in the real property ftCCIfds, Lender may. M any time ancI without IUrther IUthorIUtion from Grontor. file oxecumd counterpal'bl, coplel or reprodtlCtions of 1his .Deed of Trust as a finencJng ate1ement. Gremor ahall relmbwM Lender for .. expIJnIiI_ incumtd In paiacting 01' continuing this: security &1:!.AaSt. Upon default. O,.ntor ahaIl not remove.. .IIWlr or detach the PeraDnll Property from 1ha Propeny. Upon default, Grantor shal assemble any Pet$OI'I&I Property not effa8d to the Property in a n'IanI'\8f and lit III plaofl I'WlUtlnably col"NWti1l'lt tll! Grantor end Lender and make It Ivalable to Lender within three (3) days after receipt of written demand from lender to the UbW penNttIId by ~e law. AddrM.... The mal,"" edchaaetI of Gnllrtor (debtor) Md l.end..-[ncumI p.arty) from which Information concerning the security Imsrm gfanted by this Dead of Truat may be obtIlned leach II reqWed by the I.Wfonn Commercial Code) are as I1:at8d on the fltst t18C18 of thifI Deed of Trust. RIRTHER ASSURANCES: ATTDRNEY ... -FACT. The 1011ow~ pmldlionB relating to further assurances III\d' ~flC'l ere ;e pan Of 1hIe Deed Of TrUlt: FUrttutr~. At Uly time, and from time to~, upon request Of LendeI'. Gremor will make, execute aod denver, or wit OBUSOto be mode, enouted or delivered, to Lender or to a..oder'. dNlgnn, and when req~ by Lendl!lt, eauw to be filed. reoard&d, reflIad, ar rerecorded. III the CIISfI may be, lit such times and In eucn offlc&a. and pI.~a 81 lander may deem IIIPPropriate, any and .n such mortgBgM, dtedI of trust,. scW'ity deeds, MeUrity agreements, financing statements. continuation statamente, IrwtrumentIJ. of further 8B8U'ance, C8fti11c11tes. and o'Ihef dooumerttB 81 mev, in 'the tole opUjon of !.erder, be necessary or deI5fr~ in ortt.r 11;1 ~1IJte, oomplda, perfect. continlJll, or pr8I&IW (1) Borrower'a and Grantor'. obIIptIona. under the Note, tHa Deed of Trust. end tile RUted OQcumentJ, and l2} the ie,. and ncurity intantm. crM1ed by 1hla Deed of TI"Ud CIO the Property. whether now owned or hereafbsr acqUred by Grantor. Unless prohibited by law or Lender agrees to ttw contrary in wrtliDg. Gl'iWOI Shall teimbunAil Lender for aU eoata and axpenaes R:urred in comectbn with the matters ref.rr.cJ to in tf1~ para;raph. A1IM\r{-In-fact. if Grantor fafta 10 do any of the '!hinge raterred to in the preceding paralilraph., Le~ I'MV do eo {Of aOO In the Aam8 of Grantor and at Granto,'. expense. For auc:h putpOl ... Grantor l'Iweby Irnrvocabt'( aJ)I)OirtU LAnder as Gfantor'a att?Jmey-ln-f8C1 for ttIa puJI08. of making. executing. delivering, filil'lQ'. recording • .,d doing all other things 88 may be necenary M desirBble, In L.ender's aoJe opinion. to accomplish the mllttlns referred tD in ... ..-dlng ........... fUlJ. PEMORMANCE. "BoI'TOWOl' and Or-=r pay a111ha IndebllIIdneA wi'lan due, and GfWltDr otharWiu pel'forma an the obIIgationa1mpoaad upon Grantor under thla Deed of TI'UIJt" Lender sn.lllIMCuta and deIv .... 10 Trua:tM .. te;qUPt for full reconvayanoe end shall execute and delMr to GmJtor fUitabIe s~ of1em'linatkln of errt bncing statament on fill ovidenolng I..ond.r'. MCWlty Intenst In the Ren1a and thtI Peraonal Property. Any reco~nce _ .hall be pI!Ild by GranttJrl " pjMmitted by IPPllcilb\e n. ThIll g~ in IIJI'f 11tOOflVey...w. may bIJ ~r1bed ~ tim ~pBr40n 01' peraons 1ep1fy antttlld thereto", and th& recttala In the ntCOnVeVW'IC. of any mattl!~ ar faCUI sh.1I be cOl'lClu$iw proof of the trudTf'*-of any aUCh matter. lit faots. EVBfTS OF DB=AUL T. Each of the foIIoWlno.. at Lender's aption. shal canlltltute an EYent of DafllUlt under this Deed of Tl'l,lllt hymenI o.rut. 9on'owIiI' hIiIII to make any ptYmef'It when dut under the 1ndebted1'\OSe. 0tIIar Defaub. Borrower or Grantor faBs to oompty with or to perform ~ other tetm. obligation. oownllllt or C(l1'Idftion contIiined in this Deed of Trust or In any of the Related Documents Of 10 comply with or '\10 perform any term, obligation, 0QV8I'\&(If or condition DQR'bIlned In any other ogree;nem between Lender n BolTOWflr or Grantor. CompIance Defautt. nilure 10 comply with anv Dther 1enTI, oblg.rtlon, covenant or condItfon CC\I1UIinecI in thiS DoDd ofTruat, 1tMt Note or In any oftha Ralated DocumIntI. Der.uIt on Other Paymen1s. Fafture of Grantor within 'the time requ1red b'( tNe Deed of TrUit to make 1lIIY payment for taxes Of Insurance, or any crthet pevmerrt necua&lty to prevent filing of or to effeot d'1SOhIrge of any len. Defaaft In Pavor of TI*d hrtIeI. Should BoIro'Mtl' 01' Iny Qrartor d8hn* tnder any loan. IlXttlnlIon of IQdIt, HICIurity ~ purchue or ... agf'Mrnenl.. or III1Y otI'ttt .g~amM'd, In fIftIOf of any other cnultor or pereon tIMt may materfaly affect any of Borrower's Of an'( Grantor', PfQP8Ity or Bonowef'. ability 10 repay the Indebteclnaa or Bonower's or Grantor's ab8tty to perform 1 .... Nlp$otiw l)bl""atiorIe under 1:hiI; Deed I)f Tru&t til' 8I'V I)f tba ReIBtI!Id DoctJmants. FeII$ Sbrraa •• tL Atr( WIIl'I1Inty, repteselltation 01' statarnent made or ftmIshed to l.endar by Borrower or Grantor or on Borrower'_ 01' Grantor'. bohcIlf lJIIder thlll Deed of TI'UItt or the Re!ated Doc:urnera II terae or mIaIeadfr\gi In anv metarIaI mPKt,. either nt1W or M: 1he time mode or fll'lll"-tl or booomN f*" or rnI~ at any tlma 1here.tter. - o.t.c:dw CcAiIw"'IkNI. T11IB De8d of Trun or any of the Relmd DooI.imentI c._ to be In fiJII force and affect: (Inc:IudIna failure of any collBtenil cIocurMnt tID Ci'e8t8 a vafid and perfected MC\Irity irTlefHt or lien) lit -nv time and for err( ruaon. DeaIIi or JnsaMncy. The deatI1 of any Bon'owet or Grantor, the InaoIvenc:y of Borrowar Of Grentor, the appointment of • rvoelwr tor .ny C*t of Borrower". 01' Gr.ntur"a pruperty. '"Y M8ig1'rlWtlt fOr 1he barndt of credttort, lin\' type of credttcr workout,. or 'the commencement of Inv proceeding r.nSer any benkrUI*V or lnaolvenoy It\/fS by or aplntt Borrower or GrllntOr'. Cnid1hr or FmfeJlure 1'tooeadiIp. Comrnenc4mem of fOredosure or fotfeIture Procoedinge:l whether by jucldaI ptOCNding ... Il-help, NlpoueuIon or any other method. by any credhDr of Bonower or Grantor or by any gDVI:IIIIIIIIIIl Il9MIGY II(IlIln&t IIl'Iy ptOperty aecuring the Indebteodrlue. ThIs Include. _ gMftl8tment of any of Borrower'. or Grantor .. accounts, Incfuding depoait aceounu, with I.ancSer. Howevar, this Event of Defautt shall not appty If thete is II good faith diapulB by BorroWer or Grantor N 10 the vel!dtty or raaaonablenest of ft claim which Is the: bI.l, Of the ctecitor or forfeiture ptOC88ding and if Borrower or Grwrtor givee Lender written notice of Loon No: 1048007239 DEED OF TRUST (Continued) 20090820000981.006 Page 6 thfI eted"l1:or or forfeiture ~sding Bl\CI deposita wtth l.encIet monies or II surety bord for the crecfltOr or filrfelture proceeding. In an lmount det8rmlnad by Landar, in its sail diBcnltion, as baing oWl adequllte I'8M'1'V8 Dr boI"Id for mil --. Breach of Other AgrHment. Arrt breach by Borrower or Grlntor under thII terma of any othIIf IIIIA18JTH1nt between Borrower or Grantor erw;l Lender that II not remedied wiChin any grace period P'GVidfId u.rein. incbing without rvnltatlon anv agl'Nml!lnt concerning tiny lndelXedr"le$S or other obligation of Bon'owor or GrirnOt to Lender, whaher axiImg now Dr latw. Ewnc.. Affecttng o..antor. Anv of the precedlnQ evetIt$ occura w1tf1 ~ 10 any guaramor. endoraet, autelY. or accommodatltln party of IIny of the \nI;hbbKInea Of wry gI.*."..-tor. $ndorBer, aurfty, Of accommodatton par1" dee. or becomes illCompe18nt, or revokes or disputes the vddlty of, or liability under, any GUIIflInty of the Indebtedne&8. AdvwH Chanp. A material aciWll'ae change occvr. in Borrower'. 01 Grantor's financial CDnditIon. or l.eM&r believes the prO$J)6Ct Of psyIIICInt or performance 01' the Indebtednaa Is Impe/red. lnucurky. Lander In good faith benevea Itself inSeeun!I. ExlsdnsJ Indtbteclness. The payment 01 any inataOmem of prlDClpal or any !merest on the &cisting Indabtedrle6a 18 not mad~ within the timII raquired by "the promistory Jlott evidencing such lncfablBdnus, or II defauft occ:ur8 U1der the Instrument: .securing 8UCh indebteclnus and is not cured cbi1\9 any applicabla grac& period in lIuch illS'tNn'lerrt. Of any suit or other action 1$ commenced to foreclose any e?dsting .. ~ on the PropertY. RIght to ewe. If any defautt. other then a default in payment Is curable and If Grantor has not been given a notice of II breach of the •• m. proVISion ofthi! Deed Of TruJt within the prac«ling twelve (12) monthe, it may be cured if GrarlUW. "fter lender SCIflda written notice to Borrower demanding CIn of auch default: (1) cures thI default w'lttW1 flfbm (15) daY81 or [2J If the !:Ure requi .... more then fifteerl (1S) dep, immedlat.aly inilialM atope which Lender cIeems in Lender's sole discretion to be aufficient to cure the default and thueaftar continL188 and compfetes 1111 r1NISOMbie and IlIOeNarV ,~ps sufficient to produce compIianoe u soon as reaorwbIy practical. RIGHTS AND REMEDIES ON DEFAULT. [f an Event of Cefault oacurs undef this Deed 01 Trust. lit any time thmIafter. T ...... or I.IIndet mov exercIM any one or more of. follGwlng rights and remedies: BtctiM of RemediN. Ehction I1V lender to puTllJ8 any remedy shall not exclude pwUt of any gther remedy, and an election 10 make expenditures or to take fICtIon 1:0 petfOnn an obrtgalion of Grantor under tills Deed of Tru&t,. after Grantor'. faillll'6 to perfonTI. shall not affect I...ender's right 10 declare a default and eMlllnlIH Ib rtImtdles. ~ Ind,b'tedne$$, Lender shall nave the right lit ita option to declant the .nth lndeb1&dness immediatelv due Ind payable, iI'Ioludil'lQ' I!II'Iy prepayment penalty which Borrower wouid be requt .. to pay. 'f=orecIo8ute. With respect to aD or any part of the Rul Property, the Tl1Atee ahaII haw tha right to eurclh ita poww 01 sale lind m torecloae by noticoI I!Ind ale, and l..andar shall Mwo the right III foreciolillll by judicial IMeclosure, in either casein .accordance with lind to the fill extllnt prO'lid.d by applicable law. ucc RIIIn'IIIcha. With respect to aM or any part 01 the PInONII Property, t.anar shal h:8ve • the rIghtI and rflm.(fiea of a aacured patty uncIer the Uniform Commerciat Codtt. CohcI Ranta. Lender ItwI have the right. without notloe to Borrowet or GrantoI' ttl tau possesaIon of and managa the Propettv and colle(tt the Rents, incllM:linG aR'locmtll past d ... and unpaid., end apply the net ~. 0'* and above l..endea"s cO&'tJ. agaIMt the IndebtednaM. In fw1hermoII of thia right, lender may reqloira any *ant or other uaer of thao PrOP8T1Y to make paymentl of rant or usa fiHS diTecttv to Lander. If the Rents 81'8 collected by Lender. thon G~r Irrevoc.bIy dMignateI Lendrer as Gr.antor'. attorTl8Y'ln-flKrt to endorse Inatl'I.rments receive(! In Pf'/ITI8n1: thereof in 1fIe nama oJ Grantor and to MgCJtIate the ume and collect the proceada. Paym.nb by tenants or other UBfIrB ,., Lendat in I'MpoI'III8 til L.ander'a demand ahall eati8fy the obIigatJonos fOr whiCh the t)ayMeMt ate made, whettIar or nat any propeJ grOlnds fur the demand axIatad. Lend. may exercise. !til rights underthl& ~ ehher in person, by ag..,t. ot through III *ajv&r. AppoInt Recduu, Lender ,hall havi the rlgtrt '" have a recalYer appointed to tIIIce possesaIorI of a. or 1lIIY pan: 01 the Property. with the power tG protect end pruecve tho Property, to operate thIl Property preoed'rng or pend£ng foreclosure or pie. and to collect the Reml from the Property and apply the proceeda. war and Ibove the coat 01 the receiwnlhip, &gainst the IndE!btednea. The receioN may leNe without bond H permitted by law. l..Andar'1S; right to the appointment of I ree«vet thai! exist whether or not the apparent vaJue of the f'rQpIertv ~ the: ItldBbtedness by I :!IUbstarrtial amoLm. Employment by lander shall not disqualify • person from serving II a receiwlr. TenAnCY '8t SUfferance. K G~ remains in posteUiOrI 01 'the Prgperty lifter tha Property " sold aa provided above 01' Lender othefwiee becomes enddecl to l1088M8ion of the Property upon detalft of BoFrOWel' or GrantDr, Grantor shall become a tenant at sufferance of lender or the pwcl"l*$er of the Property and shal, a\ l,ender's option.. eJthal U) pay a rN8Of1IbIe fElntelfur the \De of the Property, or (2) vac.1e the Property immedla1tly U[XII'1 th8 demand of I.endar. 0tI'IIIr RerrIiadies. T ruttee or Lender shall have any ather right or remedy prcwided in 'Ihia Deed of Trust or the Note or avalabla at law or In equity. NO'ISoa of ... Lender shall glve Grantor reuonable notice of th811me and place of any pmIlc Ala of the Per80nel Property Of of 1he time attar which any prlv ..... uJe or other in1ended dis~n of 1M PaNonaI Property Is to be mad., Reasonable natIoe shall mean notic:. given lit least ten (10) daya before the 1irnlI of the aaIe or dIspoeftion. ArrI.MIe of the Personal Property may be millde: in conjunction with any ,ete of the ~I Property. Sa .. of the PNperly. To the 8XIef'It permitttd by appJlOabla law. Borrower and Grllrrtor hereby waiV8I any and all righra to nave the PropertY' marahilDed. In axerclaing HI r\ghts and ramedie&, the Trustee or IMIder mall be ftee to MIl ail or any pert of the Property ttlQG!h8r ot tepulltely, in ona aaIe or by uparaIe aaIa. Lender ,hall be entftled to bid lit any pubic sale OIl au or eny portion of 'lila Property. Atbnaya' FMs::~. If leooer InstftutH any IUIt 01' action to enforce any of thiII tIorma of thla oa.d of Trust, liIInder wI! be tntIded 10 recover auch aim 81 the coort may adjudge raasonQIe .. at:II:Jrnty$' ,.. lit trial lind upon flny appeal. Whethar or not MY court eetion it iIt\Iootw4 and ID the extent not prohibited by 1Iw, all raa~ expenMtI l...8ndef irtcura that In Landel's opinion are necealWy BI: tII'lY 'time for the prCJlectjoo Of 11:8 intarast or the enforcement of Ita rights &hllll beoome II P*I\ Of tilt Il'ICIeb*Inea payable "" demand Bnd IhaII belr irtereat at the Nouo rate from 1he da1e of the upencltln mtII repaid. E:Jcpente8 Govered bY lNt "racJI'~ includ&, without IImhlrtion, bowewJr subject to any limits UI'IdI!Ir ~~ law, Lender'a attDm8ya' fees .ami Lender'a leg:aI expDnMlI, IIIrI'lotl'l$£ or ncrt there itI a law&it, l/XlJuclng attcmeya' feea and expanses lOt ~ proceedlngs Ilncludlng affcrta to modify Of" vaoatII rrtf lIutomDtic tIItDy or I~WICrtionl, appeals, and any anticipated post-judgment coUection setVices, tht 00$t 01 searching reconta. Dbtainlng UtIe tepona (indlJding torecIoture reoomI. surwyon' tepQrU;, and -wafsel fees, tftIe insIM'ance, and feel for the Tf'UItM. 'to the emnt permJttad by applicable law. 2OO9OS2OOO09Bl.007 • ... . . .:; Loan No: 1048007239 DEED OF TRUST (Continued) Page 7 Glantor also will pty ~ OOIm: COItf. In -Wltlon w all oth8r 8UmI provided by law. RIghb ot TNItIIe. TrustH shall have.n of tho righta and dlJtiee Of Lender as let forth In this HCtion. POWmS AND OB1JGATlONS Of TRUSl'EE. The following provisions telaling ~ 1M powers ItId obligatfOl\f Of T~ IplnUlnl to l.ender's lnatruction&) ant pert of !hie Deed of Trvst: Po\nrtI ofTruatee. In addilicn 1O.u powMa of Trwtee .rl~ng .. II metter 01 raw, Tnmee 11'1111 hi .... U\e powef to tam thI following aetiOn& With I'ftpeCt tD the Property UpcN'lb written r&quII8t 01 Lander and Grantor. la' JoIn In pl'frl)6l'itlg and fling • map or ~ of the Rt:al Property. Includln; the dedication of IItnIet1!I or other rights to the put,IO: lb) join In granting any NMment or Cf9I1Ing any rutrIctIon on the Real Property; and Ie) join in any lIUbotdination or other agtfIemant Ilft'.ating this Deed of Tru.! or the ~ of LMder under thiI Deed of Trult. DWIpdona to NotIfy. TrulJt88 ahal not be obIigaWi to notffy any other party of II psnding sala uOOlIr any other tru&t dHd Of lien. or Of any action 01 proceeding In which Grtr'lWr. lMlder, or TrustH WIlD be II party. unlus ntql.llAId by.~ lew, or unlns 'the action 01' proceeding Is bmught byTI'U8te8. TrustM. Trustee..shaft meet l1li1 QU811&:atrol"ll required ror Trustee under applicabJe Jaw. In addition to the r~ .1":1 remedies aet fonh above. 'Nittl rupect to aD or any part of the Property. tha Trustee .hall JtIllV'O 1M right to foreclose by notice and BIllie. and l.eMer shall haVe the rll1m to for~ by judicial foreclosure, In either casa In eccortlance wItf1 and to 1ha (\If extent provided by applicable law. suao...." T't'mIee. Lender, at Lender', option. may from time to time appoint II $UCOIil$SOl TfUltfIfI 11) any Trustee appointed under thl& o..d of Trust by an lrmrument aacuted .., acknowIecIg..:I by lender and r.carded In the offIca 01 the recorder of King CountY. State of Wuhlngwn. The tmtrument shall contain. In fldlftiorl to .ell other m~ required by auk law, thI!I JlIITIe8 of the or\g1nell.llnder. TIUItM. and Grantor, the boo~ and page: or die Auditor's fie NLmber where lhla Deed Of Trust I. reootded, end the name and ~ of the ILX:CUSOI" trustee, and the ftl$t11.l1Mllt shall be executwd and acknowledged by lendet or ita 8\JC088II01'8 In IntenIst. The SUOO8SS01 trUBtn, wltnout conveyance of ~ Prol)Ol'tV. $haIl WOOled to ell h title, power. and dutiaa con1arnd upon the Trume In tflIt Oeed of TIWt and by applicable taw, ThIs procedure for subatItutIon of Trustee.hall 90VfIm 'to tho eXClusion of all ather provtslona fer .... bQtution.. NOTfCES. Slbjact to appllCabkl lew, and except for notice required or allowed bv law to be given In ancrther rNlM!It, bnV notioe roqund to tJe. slwn under this Deed of Trun, including without IImItadon any natk:a of defaUt and any notice of· .. 11 shall be given In wrtdng, and shall be. flHectI've wl'laft actually deJrv.ed. when actvaltv ~lwd by telefecUnlle (unleu otherwEse requited by lewl, vri1en deposited wkh a ~ recognized owmIght oourler, or. If mailed, when deposltad In the United Stat. md, at finll clIN, certffled or regls:mred mall postaga prepaid. directed to tho 1Kkkes.-shown neaT thtI beginning of thi. Deed of Truat. AD copies of I"!OtiCeI of fotacJos\n from tho holder of any fien wl'rich has priority over thl. Deed of Truat anall be sent: 11) Lender's edch:u, .. IIhown naar tho bePlnlng of this Deed of Trust. Atly party' may aflange 1tI 1IddreA' fur noticos under this Deed of TIUIt by giving formal writt8n notice to the other parties, speclfyfng that the purpose of ttIe no1ice is to chenge 'the party'. addrest. For notice purJIOHI, Orant3r agrees to bep l.endflt Infotmad at all tiI'nas 01 GRlntIOI"'s Ilummt -GddntSll. Subjor;t We epplc.blo law. and ma:apt for notice I't!quinld or i!I\owo(I by I ... to be glv8n in IITIOthar menner. 11 theftlls more than one GrantDr. any notice giwn by lAIrIPr to arw GnWor is deemed to be notice given ttl all OranttK8. II1SCEU.ANEOUS PROVISIONS. Tha following mbceleneoua provIsIona .... e part of 'lllia Deed of TfUI.1: Amendrnalda. This Deed of Trust, together with any ReIIted DocL8l'lllnt$,. eonstItu1H ..... mlre undllltandlng and 8gl'f:ament of the parties at to 'thl rTIItten sat forth In this Deed of Trust. No a1tBration of -or amendment to tN .. Deed of Trwrt shill be effective W'IIMs given In writing end aigned by 1he party CIt paniat; $OUght 10 be: cllarged Of bound by tM shllralion or emendment.. Annual Reports. 111/'1& ProponV i$ ~ tor purposes other than Grantor's fMldence, Gl1Intor shill ~ to t...Jder, upon requMt, I cert1fied lt8temll'1t of nat operating Income received torn the Proprtl't'f during Grantor's previDUB fi8cal yaat in luch torm and Iictoll .. 1.ende:r ahaII AlIqrJre. -Net operWIing income-shall mNn an oash receipts. from tM Property less .u c.m IDCIMIndituns mada in COI"II'l8C'6on with the.operation 01 the ProI)atty. CIrpdon ~.. Clption heacIInu& In this Deed of Truat In for converience p!.A'p08U onlV and .,., 'I'ICn to be UMd to interpret or defil18 the ptovialon$ of 11* o.d of Tn.IIt. Marvet. There sholl be no r'nt~ of the IntIInIst or utile crested by thfs Deed of Truat wvith. any o1har intarest or estate i'I Ule Property at sny time held by or fer the benefit of lAndsr In. In., capadty. WfthOUt 1M Wrinen 00MeI'It of LencSer. ao-ntng L..w. Thill Deed of Trust will n govemecI by federllllIW appIIa:aItIe to UnHr and. ttl 11M u:aent not ~ by ... ...r .... the .... of the s-. of w..t.~ without ragard 10 Its aantllata of IIw pnMsIoM. ThIs Dead ofTruat has II ... ~ by"""'" III ... StatJt or WMhIncnon. Chvb of V..... "thenlil a lawsuit, Grantor agl'88l upon Lender's requea tD sutwnlt to 'I:h!I }UI1sdict1on of the coLirbl of KIna County, State of Weehington. JoInc and 8averaI1.IcIbI8ty. All obIlgutionI. of Borrow. and Grerrtor Lridar 1Na Deed of Trust shall be joint and ......... and .. re1emtcel to GrilfttolshaD maan each lind 8¥8fY Grantor. and II ~ to BoI'fower ahaII mean each and twefY Borrcwer. this mMnI thet each Grantor .~ beJDw is rwponalbla for all obIIgetiorIa In 'ttIIa Daed of Trust. No W8hNr by lender. lender Ahall not be ct.erned to twvt w;N\nId anv righb: unda' thIt DNd' of Trust unless such WlMw ill given in writing and tlignad by lender. No delay or omission on the part of lender In exerciIing any right ahaII operate ... a walwr of auch risJht or.,., QtIw right. A waiver by Lender of e provision of 1Ns DMcI of Tnat .... 1 not proNdic. or DOn81Itute a waiver of l.andet'J right 01herW1ae tD demand .tIict complance with that prG¥IsIon or any other prtJVisIon of 1hts Dud of TrLC. No prior waiver by Lender. nor my COUI'M oi "ling ,*-.. n I..eocIw oP1d Grantor. tnall constltute • walvef of any of ~ rights or of any of Grantor'. obDgMiona 8810 any future tru'IIactfons, Whenewr the CONJllnt of Lender Is recPracf uncI.,1hI8 Deed of Trust,. tne granting Of MICh coneem. by lendet In any irtebInGe .I1aJl not constitute oon1inuing ~ tD SJA)nquIfJt inItanca where ruch consent is requlrtd and In all 08IIU 8uch conMnt may be al'WltMl or withhaJd In the IlOl& ~ of 1..en6er. SewIrdIDIty. If a court of oompebml: jui8dlction finde any provi8ion of this Deed of TIlIIt to bt illegal'. rnveW, or I.IWIlforoNbie .. 10 any pa-son or circumstance. 1hat finding lila! not make tha offBndlng pnWIsIon Ulega!. Invalid, Of LIMI'IfofceIIbIe _ to any othIr pemm or mrcumBtllnce. If fe_ .. , the offending ptOVfsion ~I be co,..ldared MOdified so that it becomealegal. \l81!d and enforceable, If tho OffendIng provision C&MOt be 110 modffitcf,. it nil be oontIdontd dBIdad from 1I'I1s Deed of TfWt. UnIeQ othtIrwlu Nquhd by n. 1tMI 1IIegdty, 1nY1llld1ty. or W\8AfolCNbillty 01 any provtslcm of thII Deed of Trust lhail not sffact the legality. V811cfty or enflIrceabiljfy Of any other provIaion of tJoa Deed of Trust. 8' : • Md AfIfgn.. Subject 10 iII!'IV Ihnltationa atated in this-Deed ~ TI\I$1 on tr_t. of Graraor', Interett. 1hia DMd of Trust 8h111 be bindIng upon and Iru8 "to the benefit of the pertiu, their SUCC8l8Cll'S and I!JSIigns. " Loan No: 1048007239 DEED DF TRUST (Continued) 20090820000981.008 PageS OWrlersh/p of 1h& Property bacoll'l8$ vlI$wd in 8 penon od'rtl' than Grantor, ... nd .... witholSt notice to Gral'TtOl, flUy dNl wlttl Grantor's SUCCUSOfI widJ reference to !hili Deed of Trust end the IndelmJdness by way of 10rbearance 01' extenslon without releasing Grantor fum! the obli\ilatiOM ot thie Deed of Trust Of nabllity under the Indebtedness. nn.1s of 1_ Euence. lime Is of tha G1Hnce In the performe~ Of thIS Deed of TIWt. Wa1w Jury. AI partIM to this Dttd of Trust '*-by wan. the r\fM • .,y Jar11r1a11ft MY 8C1ion, procelldlng. or coantercIbn braclgM by any PIIrty" aplnst any other !NIfty. Waiver of KamMtud Exemp1km. Grantor hereby ....... and waivel an rIgh18 and banefita of 1M homestead e~mptlon laws of1ha Stata Of WashingtOn lUI to all Indebtlldnaa ucLnd by thIB Deed of Trust. DEFlNmONS. The following capitaized wotdI and terms ahal have the following meanings when used In this Deed of TtU5t. Unless speclficaDy stated to the contnry, III references to (foliar !IItJOI.IrIts: shal moan amounts In lawful money of the Unltad States of AmerIca. WOldt and' tIm'Is IS8d WI the singular 8hal1 Include tM plural. and tha pttn.I ahaU include the aingullr. lIS the conteXt !Ny require. Words and t8I'ma not othetwiN defj,-.,d in this IlMd of TIUBt shaH have 1he meaninol anributed to such 1IItnns In 'the UniforM COmmercial CocM: BenefIcIary. The W'Ofd ~BenerlCiary· mean& Vlkfng 8arW. and ib SUClCNSOfS and aaa5gns. Borrower. The word -Borrowet" mean&; Thomas A. Gouoh lind incfWes III c:o-aIgners and co-maJItr5 signing the .Note and all tIv:Ift SUCCUSOI'S and assigns. DHd of Tnm-. The words. -Deed of Trust" tnean this Deed of Truat among Grantor. Lender, and Ttuttee. and includes without Umttation ell .. ignment and security intareat p1'OYi81ons relBting ttl the Perscnal proparty and .. ""'. o.t.uIt. The WOld "Default" means the Deltwh '11 forth In thla Deed of Truat In the aectJan tilled "DefaUlt". Event Of Default. The 'WOrds "Event of Defautt" mtNIn tnv of the IMIntI of default set forth In tills Deed of TflISI: In the ewnta 01 dehlutt MCtien of this Deed of Truat. Exfsting lndebtednea. The worda "ExlWng IndlSbtadnea" mean tne iodabtedOlMlS desCribed In the Exi&tinliil ....,. pr'OVtsion of this Deed of Trl.81:. Grantor. The word "Grantor" muill"lS Themas A. Gough and Shirley M. Gough. GLaI'M1ty. The word "GUIlIlInty" means the guaranty from tlIlJII'antOf, 8I1dofser. S\Qty, or lICCommodation party to lender, including without limitation 8 guaranty cd ell or Ptlrt of the Nolle. Improvements. The weii'd "Improvements· rnellM ell existing and future rnprovemente. bullding$, ~, mobUe bomea affixed on the Real PTCIP'rtv. facilities, aQditiOr1S. replacements and other conatt'Llldon on the Real Property. . I~. The WQfd "1nctebt9dness" meens all princlpGl. merest, and othBl amounts, costI and expenses payable under the Note Of Ra\aurd Documenti,·together with aU renewala of, extenaionl of. modifioatlon5 of, c:oraaolldatlons of and lubstitutions fw the Nate Of Related Documents and any amcR.Ilt$ upended or acMIncecf by lander to dischargl!l Grantor's obllgllliona Of expenaea InclARd bV TtuSI;IMI or l.ander to en10fce Grantor'. obl'l(f4tiOns InIer this Deed of Trust" 1G0'8thet with fnturest on such ImOVI1t3 as provided in thia Daed of iN$1. SP9Cffic.ally, without limitation, InciebtedneM includes all amounts that may be indirectlv .ecured by the Ooes-Collateralizatlon prQV.i$lon of thls Deed 0' Trust. Lender. 1he word "land .. " muM VIkInG Bank" its a.uceacso,. end tlAigne. Nate. The WOrd "N0t8" means tha promissory ~ dated August 1 a, 2009, In the original pr ... cipal amount of $40.000.00 fronl Borrower to L.ender, UIgethor wlth all renewals at. extensfons of. ~tionI of, refinancinqll of, co~ of,.and substitutions for th& ptOn'Ifssory note or fl9l'MlMnt. Penomd Property. The words "Personal Property-mean aD equipmllOt. fixtura. end other ertioIes of pereonal property now or hereettw owned by GrantQl', and now or hllAla1ter attached or ef1lIoed to the ~ Property: tDgeU* with all accesa5ons. parts. a.nd additions to, ell replacements of, and eI ~ for • ."., of such pmpertyj .nd 1Og8#lsr with a. mues and prom. thereon and procaeds (including without Iimitzdicm all inIurJnce procaeda and retur.l8 of premiumal1rcm any .. Of other ~1tIon of the Property. Proparty. The word -Property-means collectiVely thII Real Propertv and the PerKlnll Property. Rea! Property. The WOfd$ -Real Property" mean "the teal property, intBftIaU and rights. 1M further delcrtbed In thl. Deed of TrlAt. ReIIted DOCUrnerdI. n. word. -Related Docurnen!a. moen ell prorr*Hry nota,. cnKIit qrelHMl'118.. Ioen lG~m~, gUlr.ntt.. NCUrttv &gl'Ml'l'l&nttI. morfGltQM. daeds of trust, security deeds. r:ooIIatetaI mOrtQeGiH. and all 01heJ InMnrnents, agreemants and doctnsnta. whethar now or t.at ... emting, executed In connectbn with the InciobtednH8; provided, that tt'Ie environmental Inclernntty agreements are not -FWated Document:8" and aN not aecured bythle Deod ofTnm. Rents. The word "Rem." muM ell pruern and fI.ftI..ft renta. revenues, ncome, 1Saues, rgyettielll, profttl, and other bandts dertved from tha Property. TI'UBtn. The word -Trustee" I'IlUIJIS Pl!Ieific Northwest Tille lnaurance Comf*1V. whose mallng addreas ill 215 Columbia Straet. Seattle. WA 88104-11!511 and any substitute 01' IIUCCII$SOI~. EACH GRANTOR ACICNOWl.B)GEB HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST. AND CACH tmANTOR AGREES TO ITS lERMS. GRANTOR: x'-..=n~;:;;;l.,~IM.=6.."'-.L.1..~+'--_ A, loan No: 10480072.39 STATE OF WRihi~W!1 DEED OF TRUST (Calltinuedl INDIVIDUAL ACKNOWLEDGM ~M~~~in9~ ______ __ ISS I RLOTTE E. MARnNEZ NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES NOVEMBER 9. 2012 20090820000961.009 • Pogea REQUEST FOR FULL RECONVEYANCE To: • TrUBlB8 The undenllgned II tN Ia9If OWneJ and hokIer of III lrIcIebtedneA $OOI..Q(I by this Dead Of Trust. You are hereby roquest8d. upon payment of ... sums owing to you, to TBCOrN'8Y without warranty, 1JD 1he per80IIS enUded tMreto, the right. titia and Intereet now nMd by you under the Deed of Trun. -,-----------------""-----"" LASER PRO LafJdll'lij. ver. $.46.00.004 copr. Hii1iJiI Financial SoltnioI1ll, incl. 1997. 2009. All RIghts Reserved. • WA C:\AF'PS\HARLAND\CfI\LPl.\GQ1.FC TR-68B3-PR-212 . , . .. 20091019000424.001 R£TURN ADDRESS: --..... -~ n01 'IItA'I'InIM South "'teII, WA 98108 I MODIRCATION OF DEED OF TRUST Reference' lif applicable): 20099820000981 Grantor(s) : 1. Gough, Thomas A. 2. Gough, Shirley M. Gran'bNJt.) 1. Viklng Bank Addition&! on pege_ PACIFIC NORTHWEST TiTLE 7 tffj3 Q.. -~\ (j)~l Legal Description: Ptn. Tract 5, Panther Lake Garden Tracts. Vol. 9, pg. 25 Additional on Illige 2 Assl!lSSO"S Tax PerceIID#: 862340-0050-05 THIS MODIFICATION DF DEED DF TRUST dated DctGber 9. 2009. I, modo ond .. _ _ Thomoo A. Gaugh and Shirley M. Oough. hutband ond wII. ("Orantor"' and Vlklng Benk. whOM addr ... it South Seattle Office, 5701 1.t Avenue South, S.We, WA 98108 ("Lend .. "). ' .. ,' . MODIFICATION OF DEED OF TRUST Loon No, 1048007239 ICondnuedl Pogo 2 OEEO OF 11IUST. Lend.r and Gramor 'b.., ent«Irod imo I Deed of Truat detId AIIgUI( 13, 2008 I1tIe '"Oetd 01 TIWt". which has been 18COrded in Kil'lQl COunty. StMe of Washington ... followt: ReconIecI ~ 20, 2009 In ~ County. W ........ UaNr ~ ..... ZOOIOI20000881, IlEAL IPROPBITY DfSCRIPTtON. The o..d of Trua1 coven the foIowilg desc:ribecS ,.., PfOpftrty located in King CoLXItV. Sute at Washington: TIw north hart of 1M nol1h half of TtllCt 5. P • ....,. Lake Garden Ttactt • .accordIng IXI ..... pin: 1htnof re~rded In Volume 9 01 Plats. PID' 25 • ., KIng County. Walhingllm; EXCEPT tM aut 40 IH1: of sajd Tract 6 co~ 10 IQng CIMIty for read pw'poMS b'f ~ reoorded '"* Reconfino NiMI1bers 79175611'1d 7204110302 n. Real Property or ID addteH it commonly known .. 18&19 108ttl AWM'I1JfI SGI.ltMat:'t. Renton. WA 98066. r_ Ae .. Property talC identifieation IU'nber i$ 662340-0050-05. MODIFICATION. Lena. 8nd Gr.mor hereby modify me Daed Of Trust ... foIlowII: lo8n ...... by rncr...d ... toDI kIM amoun:t 01 178.000.00 AU __ ..". and CDNItIona,....~. CON'TWJWG VAlJDIJY. &clept .. p;prRSly modified 1IbcMt, tt. t.nn8 of til. orIgIftIII o..cI of TNlt 11'11111 rtmer. unchan:gad end In full farcl .and affect. Connnt by LA~ to 1tJiI, Modificfilon doa not w.i¥8 l.end8r'1 right to NqUire IIttrict p&I'fomwIot of the Deed of Trust 81; cNin;4ld above nor obIipte l.oncW tel make .-tV fucure modIflcltionl. NothIng in this Modification shell CCII'ISlItub!l • S6t~ of the Pfomluory note 0' O1her credit agreement seoured by the Deed of Tnat ttne "Nota'). It i!. tha Itrttndon of lender to retain IS liBbI •• 11 p.m.. to thiI Deed at Trud _ .1 Plrd .. , m .... and .ndo....,. to the Note, including lceomrnodetion .,..... unte ... pffty • expraety relHNd by le..s. In wtititIg. Atrt I'r\8k.r or endotter. ~Ino Itconvnodlrtion meter .. ahaII not I» reInud by viftfa of UiI Modific:Ition. If any pemon wllo aigned dill ~ o..d of Tnm does nat ~n thia Modffi:ation. u.n .all pe""", algnlno beIGw anowki. lhat ttIit Modificadan is Qhren COIdtionaIty. bind on thI repreMntation to lAnd.-tNt tM non-eignIng pe:r..on conaentI to 1M chllnges Mel provillons of thIa Modlticltlon Of OCherwile wll not bI:I ~ by It. Thill waiver applies Ml anly Ie Iny i'litial ext:ention or modIfication. but alSo 'Ie an lUCI\.ubUquent ac:tiona.. GRANTOR ACKNOWlSlGES HAVING READ ALL THE f'JtOVISIONS OF 1NS Uoo.acATlOII OF DEED OF TRUST AND j::~.rM-·-·-·M __ '- .~,fl-/'~ lENDER: VIIING ..... STAnOF ~'tI:\0Qiln0 COUIm' OF Ki f\9 ,S. , On this dav tMfa,. me. m. ...... raIgntd ~ Public, peJaOnllly appeared ....... A. aa...tw. peqondv known to me 01' prcwd to me on the ballit Of .~ eYidtince to 1M tt. ind¥IduIII duc:rIbed in and WhO fNCitC""'" 1he ModIfICation Of DNd of TfUlt, and ackilOWI.dpd tNt ... or lheligned the Modification .. hie or her free and voluntary 1tC1 ..... deed. for tN UIMi and purposea tt.rein memionecI. m-............................. Ism doy of oc-nnec ~",Q.c1M~ Nobry PuIIIc ~ end tor the ...... of ~ ~M~~~'~O@~ ______ _ My_a' , _ O:q.aotOl , '. , 20091019000424.003 . . ... MODIFICATION OF DEED OF TRUST Loan No: 1048007239 (Continued) INDIVIDUAL ACKNOWLEDGM STATE O' \.(JJ;\')"!l~-\ry) COUNTY OF Kiqj ISS I OTTE €. MARTINEZ NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES NOVEMB<q ~. ?~12 ................ Page 3 On thia day bftor. Int. tt. ... .-.lgned NOUIry PubIk:, perlOnaily appeared....., M. Gough. pel'SOf'llllly known 10 me or proved to me on the .... of ~f,",tl;Jry ~nct to btl 1he individu" dnc:rt.d in and who exacul8d the Modificatja,n of Deed of TI'UIt, and Kbmwlltdged tt..t he or ahe ~liIIned the Modification I. hill Of har ".. Ind votL.nt8ry &C1 and deed, for the ..... and pu'pOMS d'MtreIn mentioned. 0_ ..... , my ....................... _-,I"S,,;\'r\,,-,--,-__ dey or l'?C:tiyr ·zoCfl ;h.\'ilhill \\\aJA-J LENDER ACKNOWLEDGMENT "ATE OF _' ... J'-:f'6\'\LJ: ...... iu.ru:-"~l"IVY'\r".L.'-_ ~OF~~~\~O~~~ __ __ ,ss , CIlARlOTTE €. MARTINEZ NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPiRES NOVEMBFO 9. 2012 LASER PftO Lii'ildq:, Viti, 5,4.00.003 eopr. Herland RniI'CiiI SOiIItiOi'ii. Inc. 1997. 2009. All. Righta R8i8NIICi • WA C:\APPS\HAIUAND\CFI\LPI.\G202.FC TR-5979 PR-212 , ,: ".~:::.~;,~~ \qL\'Y'lut1 \P \'h~ RECORDING REQUESTED BY, AND AFTER RECORDING RETURN TO: Rain Cily Capital, LLC 12506 128· Ln NE Kirkland, W A 98034 Attention: Fred Rea Grantor. EP Entcprise Properties, LLC, 8 Washington Limited UabiJity Company Grantee #1 (trustee under deed of trust): I'\RST AMERICAN 1TI1Jl COMPANY Grantee #2 (benetioary under deed of trust): Rain City Capital, LLC Abbreviated Legal Description: PTN TRACTS 5, P AN11tER. LAKE GARDEN TRACTS, VOL. 9, P. 25, KING COUNTY (Full legal description OIl Exhibit A) Assessor's tax parcel n0(5): 662340-0050-05 DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FILING THIS DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS AND FIXTURE FILING ("Deed of Trust") is made this 18'" day of July, 2013, between EP EJlterprise Propertieo, LLC, a Washington Limited Liability Company, (aGrantor"), whose address is 14913 104'" Ave, Kent, WA 98030, as grantor, First American Title Company ("Trustee"), the address of which is 818 StewarS St., Suite BOO, Seattle, WA 98101, as trustee, and Rain City Capital, LLC, a Washington limited liability c:ompany ("Beoefldary"), the address of which is 12506 128"' Ln NE, Kirldand, WA 98034, as beneficiary. FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants, seUs IlICI conveys to Trostee and its successors and assisns in trust, with power of sale, all of Grantor's right, title and interest in and to the property in KiDg County Washington legally described OIl 1 , " , , , " . '. attached Exhihit A (the "PrOPerty"), whelher now existing or hereafter acquired, togctherwilb!be fonowing, (all ofwbich shaII be deemed included in !be uPropeny~): (a) All land lying in streets and roads adjoining the Property, and all access rights and easements penaining to the Property. (b) All the lands, tenements, privileges, reversions, remainders, irrigation and water rights and stock, oil and gas rights, royalties, minerals and mineral rights, hereditaments and appurtenances belonging or in any way portaining to the Property. (c) All buildings, structmes and other improvements now or hcreaf\u erected on the Property, and all facilities, fixtures, machinery, appanrtus, ins1Bllations, equipment, fumilW"e and other properties of whatsoever nature ("mcluding witham limitation all heating, ventilating, air conditioning, plUDIbing and electrical equipmellt, all sprinkler systems, all engines and motors, all lighting, launchy, cleaning, fire prevention and fire ""tinguishing equipment, all ducts and COilljli essors, all n:li:igerators, Sloves and olber appliances, attached cabinets, partitions, rugs, carpets and dnperies, all building materials and supplies and all conslnlction forms and equipment), DOW or hereafter located in or used or procured for use in <XIIlIIcction with that property, it being the intention of !be panies that all property of the charaoler hereinabove described which i. now owned or hereafter acquired by Grantor and which is affixed or attached to or used in connection with the Property shall be, remain or become a portiOD of that property and shall be covered by and subject to the lien of this Deed of Trust, together with all contracts, agreements, pcnnits, plans, specifications, drawings, surveys, engineering reports and olber work products relating to the constnJetion of the existing or any fulW"e improvcroenlS on Ibe Property, any and all rights of Grantor in, to or under any architect's contracts or construction contracts relating to the construction of the existing Or any fulW"e improvements on the Property, and any performance and/or payment bonds issued in COIIIlection therewith. (d) AU rents, issues and profits of the Property, all existing and IimIrc leases of the Propcny (including extensions, renewals and subleases), all agreem~ for use and occupancy of the Property (all such leases and agreements whether written or oral, are hereafter referred to as the "!&:em"), and all guanmties of lessees' perfonnance under the Leases, together with the immed.iate and continuing right to collect and receive all of !be rents, income, receipts, revenues, issues, profits and other income of any nalW"e DOW or hereafter due (including any income of any nature coming due during any redemption period) under the Leases or from or arising out of the Propeny including maintenance contributions, IlIX and insurance coDlributions, deficiency rents, liquidated damages fonowing default in any Lease, all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by desttuction or damage \0 the Propcny, all proceeds payable as a result of a lessee's exercise of an option to purchase the Property, all proceeds derived from the termination or rejection of any Lease in 8 banlauptcy or other insolvency proceeding, and all proceeds from any right and 2 IUD016U67 claims of any kind which Grantor may bave against any lessee under the Leases or any occupants of the Property (all of the above,are hereafter collectively ~ferred to as the "Rents"). . (e) All compensation, awards, damages, rights of action and proceeds (including insurance proceeds and any interest on any of the foregoing) arising out of or relating to a taking or damaging of the Property by reason of any public or private improvement, condemnation proceeding (including change of grade), fire, earthqUake or other casualty, injury or decrease in the value of the Property; all returned premiums or other payments On Illy insurance policies pertaining 10 the Property and Illy reIimds or rebates of taxes or aasessments au the Property. None of the Property is presently, or will during the term ofllris Deed of Trust be, used principally or at all for agricultural or farming purposes. The loan secured by this Deed ofTrus! is a "commerciallolll" aa that term is used in RCW CII. 61.24. THIS DEED OF TRUST IS GIVEN AS SECURITY FOR THE FOLLOWING OBLIGATIONS: Payment oflhe sum of One Hundred Eighty Thousand One Hnndred Forty.()ne and 001100 DoHar5 ($180,141.00) with interest thereon, according to the tenns of a promissory note of even date berewith, payable to Beneficiary or order and made by Grantor (the "Note") which lenn sbaII include all renewals, modifications or extensions the=f; (b) Payment of all expenditures made by Beneficiary or Trustee in preserving or protecting the Property or as a consequence of any default WIder this Deed of Trust or any other Loan Dccument (as hereinafter defined); and (e) Pmorm8DCe of each agreement, term and CODdition set forth or incorporated by reference in the Loan Documents unless peribJmance of such agreemeIII, term or condition is specifically provided to not be secured by this Deed ofTrust. The term "Loan Dot.mneals" shall mean this Deed of Trust, the Note, and any other docwncnt relating 10 the loan which is evidenced by the Note (the "l.2!!!l"). The above notwithstanding, this Deed of Trust does not secure the following: (i) any guanmty emered into in connection with the Loan; (ti) The Hazardous Substance Wammty and Indemnity Agreement ("En\'lronmental indemnity") catered into in c:oonection with the Loan; or (iii) any provision of any Loaa Document that would be considered the "substantial equivalent" of the Environmental Indemnity for purposes ofRCW Ch. 61.24. COVENANTS: Gl'8DIor covenants and agrees aa follows: I. To keep the Property in good condition and repair; to permit no waste of the Property; to complete any building, SIruClW'e, or improvement being built or about to 3 , , .' • ... be built on 1;IIe Property; to restore promptly any building, structure, or improvement on .the Property wbicl! may be damaged or destroyed; and 10 comply with aU laws, oldinances, regulations, covenants, conditions, and restrictions affecting 1;IIe Property. 2.. To pay before delinquent all lawful taxes and assessments upon the Property; to keep the Property free and clear of an other charges, liens, or encumbrances impairing the securitY of this Deed OfTfUS!; . 3. To keep all buildings now or hereafter en:ctcd on the Property continuously insured against loss by fire or other hazaJds in an IIIJIOWIt not less than the total debt secured by this Deed of Trust. All policies shall be held by the BeneficiBIy, and be in such companies as the BeneficiBIy may approve and have loss payable first to the Beneficiary, as its interest may appear, and then to the Grantor(s). 11lc amount collected under any insurance policy may be applied upon any indebtedness secured by this Deed of Trust in such onIer as the BeneficiBIy shall detennine. Such application by the Beneficiary sball Dot cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event offoreclo!lllrC, all rights oCthe Grantol(s) in insurance policies then in force sball pass to the purchaser at the foreclosure sale. 4. To defend any action or proceeding pwporting to affect the security hereof or the rights or powers of Benefici!uy or Trustee, and to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable amount, in any such action or proceeding, and in any suit brought by Beneficiary to foreclose this Deed of TrusL 5. To pay all costs, fees, and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured by this Deed ofTTUS! and Trustee's and attorney's fees actnally incurred, as provided by statute. 6. That, in the event Grantor(s) filils to pay when due any taxes, assessments, insurance premiUlDS, liens, encumbrances, or other cbarges against the Property. Beneficiary may pay the same, and the amount so paid, with interest 81 the rate set forth in the Note, shall be added to and become a pan of the debt secured in this Deed of Trust 7. It shall be an Event of Default under this Deed of Trust jf: (i) the Property or any inu:rest therein is sold or transferred; (ti) the Propcny is fUrther encumbered (other than pursuaot to this Deed of Trust); or (iii) ifGnmtoris not anatumJ penon, more than a 25% interest in Grantor is sold or trans:fem:d, or any interest in Grantor is CDCIIIIlbercd, or the day to day operation and control of Grantor changes in any material respect. 8. In the event any portion of the Property is taken or damaged in an eminent domain proceeding, Ibe entire amount of the award or such portion as may be necessary to fully satisfy Ibe obligation secured by this Deed ofTrust shall be paid to BeneficiBIy to be applied to said obligation. 4 11-'00164.467 " .... ' . ... . . ... .,. 9. By accepting payment of lOy sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right to requiIe prompt payment when due of all other sums so secured or to declare default for failure to so pay. 10. The Tl)ISIee shall reconvey all or BIlY part of the Property covered by this Deed ofTrus! to the person entitled thereto, on written request of the Granlor(s) and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. I!. Upon default by Graotor(s) in the paymelll of any indebtedness secured by this Deed of Trust or in the performance of any agreeJIlmt contained in this Deed of Trust, or upon the occurrence of any other detiwlt UDder the Note or any other Loan Document (each, an ~Event of Def.!!It") all sums secured by this Deed of Trust sba1I immediately become due and payable in full at the option oftbe Beneficiary. In addition, Beneficiary may exercise the following remedies in addition 10 all other remedies permitted by applicable law: (i) foreclose this Deed of Trust judicially, in the same manner as a mortgage; (ii) cause Trustee to sell the Property pursuant to the Trustee's power ofsaIe and the provisions of the Washington Deed of Trust Act, RCW Ch. 61.24, as now existing or hereafter amended; (iii) sue on the Note or BIlY guarantys in accoJdance with applicable law; and (iv) to the extent permitted by law, seek • deficiency against Grantor or any guJU8lltars following either a judicial fureclosure or a non-judicial foreclosure pursuant to the exercise of the Trustee's power of sale. 12. Th. procedure for exercise of the Trustee's power of sale shall be as follows: Upon written request therefor by Beneficiary specifying the nature of the default, or the I18tUte of the sevma1 defaults, and the amount or amounts due and owing, Trustee shall execute a written notice of breach and of its election to cause the Property to be sold to satisfy the obligation secured hereby, and sball cause such notice to be recorded and otherwise given according to law. Notice of saJe having been given as then noquired by law and no! less than the time !hen requim1 by law having elapsed after recordation of such notice of breach, Trustee, without demand on Graotor, sha1I sell the Property at the time and place of sale specified ill the notice, as provided by statute, either as 8 whole or ill separate parcel8 and ill such order as it may determine, at public auction to the highest and best bidder for cash in lawful money of the United States, payable at time of sale. Grantor agrees that such a sale (or a sheriff's sale pursuant to judicial f<m>elosure) of all the Property as real estate constitutes a commereially reasonable disposition tbereo~ but that with respect to all or any paIt of the Property which may be personal property Trustee shall have and exereise. at Beneficiary's sole election, all the rights and remedies of a secured party under the Uniform Commercial Code as adopted and amende,d by the State of Washington (the "UCC"). Whenever notice is permitted or required bereunder or under the uee, ten (10) days shall be deemed reasonable. Trustee may posIpoIIe sale of all or any portion of the Property, and nom time to time thereafter may postpone such sale, as provided by statute. Trustee shall deliver to the pUJCbaser its 5 17060D11W.461 · ' . , ,. . -deed and bill of sal" conveying the Property so sold, but without any covenant or warranty, express or implied. The recital in such deed and bill of sale of any matters or facts shall be conclusive proof of the tJUthfulness thereof. Any person other than Trustee, including Grantor or Beneficiary, may purchase at such sale. After doducting all costs, fees and expenses of Trustee and of this II11St, including the cost of evidence of title search and reasonable counsel fees in connection with sale, Trustee shaD apply the proceeds of sale to payment of: all sums expended under the terms hereof nol !hen repaid, with accrued intereSt at the Default Rate of interest specified in the Note; aU other sums then secured hereby; and !he remainder, if auy, to the clerk of the superior court of the county in which the sale took place, as provided in RCW 61.24.080. 11. The foreclosure of this Deed of Trust or sale by Trustee of the Property through the exercise of its power of sale granted hereunder shall not preclude or impair any action to collect or enforce any obligation of Grantor or any guarantor or other party liable for any of the obligations secured by this Deed of Trust, or the substantial equivalent of such obligation, which obligation is not secured by this Deed of Trust including, without limitation, the obligations of Grantor and the other signatories under the Environmental Indemnity and the obligations of each sw:h guarantor under its guaranty. All of such obligations (and all substantial equivalents of such obligations) shall constitute separate recourse obligations of Grantor and each such guarantor or other party and shall not be deemed to be evidenced by the Note or secured by this Deed of Trust 14. In the event of the absence, death, incapacity, disability, or resignation of Trustee, or at the discretion of the Beneficiary, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which Ibis Deed of Trust is recorded, the successor trustee shall be vested with aU powers of the original trustee. The trustee is DOt obligated to notify any party hereto of pending sale under any other Deed of Trust or of an action or proceeding in which Grantor(s), Trustee, or Beneficiary sbal1 be a party. IS. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on hislher/their heirs, devisees, legatees, administrators, executoJS, and assigns. The term Beneficiary shall mean the holder and owner of the DOte secured hereby, whether or not named as Beneficiary herein. 16. This Deed of Trust shall be deemed a security agreement and a fixture filing, as defmed in the UCC. The remedies for any violation of the covenants, terms and conditions of the agreements contained herein shall be as prescribed (i) herein, or (ii) by genera1law, or (Iii) by the specific statutory coosequences DOW or hereafter enacted, and specified in the UCC, all at Beneficiary's sole election. Grantor and Beneficiary agree that the filing of any financing statement in the records normally having to do with personal property shall not be construed as impairing the bereby stated intention of the 6 17-600164.46'7 ,. parties tbat evCl}'!hing used in ootmee1ion with the cons!nIcIion, management, maintenance and production of income from the Property together with aU other rights and property described herein and comprising the secured property shall 81 all times and for all purposes in all·proceedings. both legal and equitable, be regarded as part of the Property, whether physically attached or specifically identified or not 17. As futthet security for the pa}'lllellt of all indebtedness and perfonrumce of all obligations secured hereby, Grantor iJrevoeably and 8bsolutely assigns to Beneficiary, the Rents, issues, profits and proceeds of CODlr8C1s of the Property, together with aU future Leases, profits and contracts, and any and all extenSions, mlCWais and replacements hereof. However, as long as DO defanlt shall exist in any obligation secured hereby, Grantor may collect assigned Rents and profits as the same shall fall due. All R..,ts or profils receivable from or in respect 10 the Property whieh Grantor shall be pcnnined to collect bcreImdcr shall be received by it in trust 10 pay the usual and reasonable operating ex:penses of, and the taxes upon, the Property and the payment of all sums secured hereby. UJIOD the occurreoce of any defanlt in payment of any indebtedness or performance of any obligation secured bereby, all rights of the Grantor 10 collect and receive Rents and profits shall wholly and immedi81cly terminale without notice, and Benellciary shall Ihereafu:r bave the absolute right 10 ail such Rents and profits. In addition 10, and not in limitation of the foregoing, Beneficiary shall bave the right to petition the CoW1 of appropriate jurisdicti<m for the appointment of. Receiver of the Rents, issues and profits of the Property and shall bave in addition 10 the rights and powers customarily given to and exercised by such receiver, the right to enter upon and take possession of the Property and IIIIIIlIIge the same with all rights and options in regard thereto available to Grantor. Grantor expressly waives the posting of bond by such receiver, and waives any challenge to a proposed receiver based on affiliation with Beneficiary. 18. This Deed of Trost shall be governed by and construed in accordance with th. laws of the St8lC of Washington. 19. Grantor shall rcimbur.ie TJUSlee and Beneficiary, on demand, for all costs and ex:penses incurred in enforcing or interpreting their rights and remedies under this Deed of Trust including attorney's fees whether or not suit is brought, in both trial and appellate courts, and in any bankruptcy or reorganization proceeding. All S\IIIIS owing under this Section shall constitute • portion of the indebtedness secured by this Deed of Trust and shall bear intcresl at the rate applicable tmder the Note. 7 17060016U67 ." . j '\ -'f, : l~ • ~ DATED as of the day and yetIT IirsI above written. GRANTOR: EP Enterprise Propertia, LLC, a Washington Limited Liability Company U By.~-i~~~~ ______________ ___ Name:~ Title: MeJDber STATE OF WASHINGTON COUNTYOF~ SS. I certify that I know or have satisfactory evidence !hat Rnvim Podgorny is the person who appeared before me, and on oath slated that said individual signed this instrwncnt and that said individual was authorized 10 do so in the capacity Slated below IIIld acknowledged it as a Membet of EP Enterprise Properties, LLC, a Washington limited liability company, 10 be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated; ;3U~\\D~ ?N~ 17"'164.467 Notary public in and for_the S ~ Washington, residing at _,~ My appointment expires""~~9H~-""tS--- g EXBIBITA REAL PROPERTY IN THE COUNTY OF KING, STAlE OF WASHINGTON, DESCRlBED AS FOLLOWS: . THE NORTH HALF OF THE NORTH HALF OF TRACfS S PANTHER LAKE GARDEN TRACfS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE(S) 25, IN KlNG COUNTY, WASHINGTON; EXCEPT THE EAST 40 FEET OF SAID TRACT 5 CONVEYED TO KlNG COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NOS. 791756 AND 7204110302. TAX PARCEL NUMBER: 662J400OSGOS Commonly mown as: 18819108"' Ave SE, Ren1OJ1, WA 98055 9 17-601116 ... 67 .. • REQUEST FOR FULL RECONVEYANCE Do not record. To be used only when note has been paid. TO: TRUSTEE The undersigned is the legal owner and holder of the note 8Ild all other indebtedness secured by the witbin Deed of TJUSt. Said note, together with all other indebtedness secuied by said Deed ofTrust, has been fully paid and satisfied; and you are hereby requested and dim:ted, on payment to you of any sums owing to you WId ... the terms of said Deed ofTrust, to cancel said note above mentioned, 8Ild ell O1her evidences of indebtedness secured by said Deed of Trust delivered to you berewith, together with the said Deed of Trust, and to reconvey. without warrantY. 10 the parties designated by the terms of said Deed ofTrust, all the estate now held by you thereunder. Dated: ____ _ 10 17_l6u67 f SODS CREEK WA1'ER & SEWER DISTRICT 14616 S.E. 192nd St. • PO. Box 58039 • Renton, WA 98058-1039 • Phone (253) 630-9900 • Fax (253) 630-5289 October 4, 2013 ESM Consulting Engineers Attn: Evan Mann 33400 8th Ave S Federal Way, WA 98003 Re: Parcel No. 322305 9148, 9273, 9344, and 662340 0053 and 0054 Panther Lake Plat -32 Single Family Residences Dear Evan, Enclosed are the Certificates of Water and Sewer Availability for the above referenced parcels that you requested. If you have not had a chance to visit our web site yet I would recommend you and your Engineer review the Development information we have available at www.sooscreek.com , then click on New Connections. We have all of our design requirements, plan examples and specs and standards on the site for your reference. When you are ready, your next step is to submit a site plan of your project and schedule a pre-application meeting with the District. I have enclosed our Process and Timeframe Sheet for your reference. If you have any questions please call (2,53) 630-9900 extension 107. Sincerely, Darci McConnell Supervisor, Development Administration Soos Creek Water and Sewer District Dmcconnell@sooscreek.com 253-630-9900 Ext. 107 www.sooscreek.com RECEIVt:.i FEB 13 (" CITY Of RP'/"O "' PlA fV ~", NNiNG D/V/S/O'"" " " • • TIl,. _plOvldes Information necesslll)' to evil/1liiie development propouls. Certillcate : 4541 SOOS CREEK WATER AND SEWER DISTRICT CERTIFICATE OF WATER AVAILABILITY Type: Preliminary Plat or PUD : Applicant'. Name: Evan Mann ESM Co118Ulting Engineers Propooed V.e: 32 Single Family Residences ''Panther Lake Plat" Location: Let: 123 BI..,k: Devdopment: STR 32 23 05 Pan:eI: 3223059123 Address: 18655 lO8thA VE SE RENTON, WA InformalioB: Includes parcels 322305 9148, 9273, 9344, and 662340 0053 and 0054 WATER PURVEYOR INFORMATION 1. • 0 W_ will be providod by service _on only '" an existing Null _ main, Null feet from the site. b fill Wafer service will require an improvement to the water system ot: Water service to the proposed plat will n:qire dtc: instal1at:ion of onsite water main. Final water layout and requirements will be determined based <XI final site development phma ",d Fu. _ requirements. Allp1ans must b. approved by the City ofRenUm, Fire _ and Soo.s Creek W_ and Sewor Dislrict. 2 •• Ii1I bD The walcr system is in confonnance with a Couoty approved water COiDpiebetuivc plan. The _ system improvancnl will "'quire a..-COIIIpt<benslv. plan _ 3 •• Ii1I The proposed project is widrin .... eorp.-limits or .... district, .. has been gnmtcd Boundary Review Board approval for cxtaasion of sc:rvke outside the district or eity. or is within the County approved service area ofa private wata'~ . • 0 Annexatk>n or Boundary Review Boani approval will be ncccssary '" provido acrvico • .(. a ~ Water islorwill be available "'the rate offlow and duration:indicmd below at no less than 20 psi moasmcd ............. 1Ire hydrant 70' feet from th. buildinglproporty (or as marked on the lI!tached -): Rate of Flow: 1,000 gpIII Duration: 2 hours .0 W_systcmisnoloopabl.ofprovidiogllreftow. 5. Service •• ubjed '" tbe cono .... g. • Ii1I Connection CIwBe: _ developm .... r... will apply. b I!lI Easement (.): Onaitc ........... mayberequired. c 0 Otbor: Cro .. Ceaaeclion Control devices must b. In eenformance wItb otat. law .. Service is subject to the applieanto agreement to comply and perform to make such installation and/or COJlJlCCtions to the standards, regulations, requiremeots and conditions of this District and such other agency or asencies having jurisdiction. This District is oot representing that its facilities will be extended or otherwise modified to make such service available to the applicant It is the responsibility of the applicant to make any required extension of facilities to serve their property. I bereby eerttty that tbe. abGw water purveyor IDlorm.tion is true. Thill certHIcatIoD ,ball be vdd for ODe year fro .. dak 01 ..... b.n. SOOS CREEK WATER & SEWERDlSTRICT AgmcyNamc Dan:i McConnell 101412013 " This certlf/cale ptOvldas Informlltlon necessalY to ev&Iuale development proposals. Certilicate: 5435 SOOS CREEK WATER AND SEWER DISTRICT CERTIFICATE OF SEWER AVAILABILITY Type: Preliminary Plat or PUD Applicant', Name: Evan Mann ESM Consulting Engineers Proposed Use: 32 Single Family Residences" Panther Lake Plat" Location: Lot: 123 BIoek: Developm ... t: STR 32 23 05 Parcel: 3223059123 Addr .. s: 18655 \08TII AVE sa RENTON Information: Includes parcels 322305 9148, 9273, 9344 and 662340 0053 and 0054, {Attach map & l.egaI des~n if necessary) SEWER PURVEYOR INFORMATION J.. • n Sewer:service will be provided by service connection only to an existing sewer main Null feet &om the site and the sewer system has the capacity 10 serve the proposed area. • 621 OCber(describe): Sewer service to the pr'Op03eCI plat will require lite lDsIaIlatioo of OOlite sewer maio. Fina15eM:1" layout will be dctonnincd based on final site dewlopment plans. building locations and outlet elevations. All plan. must be approved by !he CRy of Renton ODd Soos Creek W_ ODd s.-DisIrict, 2. • RI The sewer system is in confonnancc with a County approved sewer cornprdlcosive plan. ,,0 n.e sewer system improvement will require 8 5eWa' oornprehcmive plan amendmeot. J •• 621 The proposed project is within Ibc coqoorau: limits of the dls1ritl. or has been granted Boundmy Review Board approval for extension of service oulside the district or dry. b D Annexation or Boundary Review Board approval will be ncca.sary to provide service. 4. Servlee iII.tlbJed to the folknrillC: • 621 Conoe<tion Charge: StandanI De\'eloprnent fees will apply, b 621 Easement (s): c 0 Other. Onsite .......... will be required, SeNice is subject to the applicants agreement to comply and perform to make such installation and/or connections to the standards. regulations, requirements and cooditiona oftbis District and such other agency or agencies having jurisdiction. This District is not representing that ifs facilities will be extended or otherwise modified to make such service available to the applicant. It is the responsibility of the applicant to make any required extension of facilities to serve their property, I bereby cerUfy tb.t tbe above sewer pa"'eyor information II tnt. nls certlflutioll.ItIU be valid for ODe year froID date of .tpabll'l!.. soos CREF.K WATER It SEWER DISTRICT -~ -----'AfpJ>:f Name: ----~- Dan:i McConnell 10I4I.Wt3 ---'-'·s;.....,"""'--~--"'" D ... lopment Coordinator ---------- AFFIDAVIT OF INSTALLATION OF PUBLIC INFORMATION SIGN City of Renton Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 STATE OF WASHINGTON COUNTY OF KING being first duly sworn on oath, deposes and says: 1. On the '2..B +"1 day of 1" <>.II v-... r '1 ' 20~, I installed -7c.......,,--public information sign(s) and plastic flyer box on the property located at 13652 lOS"" Ave ":i e:: for the following project: g"ty,'?\ Lt>.k Project name \ ,Ie'>' ~ 1) ~ p c~", "t Owner Name 2. I have attached a copy of the neighborhood detail map marked wHh an "X' to indicate the location of the installed sign, 3. This/these public information sign(s) waslwere constructed and installed in locations in conformance with the requirements of Chapter 7 Title 4 of Renton Municipal Code and the City's "Public Informatiori~tallati~Ckage, ___ _ I ~l./ --1< C/ Installer Signature ,20 1'1-. ~ c..~J NOTAMVuBLIC in and for the State of Washington, residing at A-ul" .<Q • My commission expires on c.. / b / I b , RECEIVED H:\CED\Data\Fonns-Templales\Self-Help Handouts\Planning\pubsign.doe FEB 13 20\4 -3-03/12 CITY OF RENTON PLANNING DIVISION RECEIPT EGOO019684 BILLING CONTACT Alan Boeker Conner Homes 846 108TH AVE NE BELLEVUE, WA 98004 REFERENCE NUMBER FEE NAME LUA 14-000190 PLAN -Environmental Review PLAN -lot Line Adjustment PLAN -Modification PLAN -Preliminary Plat Fee Technology Fee REMAINING BALANCES as of 02/13/2014 MODULE CASE NUMBER FEE NAME Plan LUA14-000190 PLAN -Lot Line Adjustment Technology Fee Printed On: 2/1312014 Prepared By: Rocale TImmons Transaction Date: February 13, 2014 TRANSACTION TYPE Fee Payment Fee Payment Fee Payment Fee Payment PAYMENT METHOD Check #24922 Check #24922 Check #24922 <eheck #24922 Fee Payment !check #24922 SUBTOTAL TOTAL RECElVED FEB 13 ,2G14 em Of RENtON PLANNING DiVISION AMOUNT PAID $1,000.00 $360.50 $100.00 $4,000.00 $153.00 $5,613,50 $5,613,50 REMAINING BALANCE $89.50 $13.50 LUA14-000190 SUB TOTAL $103,00 TOTAL REMAINING $103,00 Page 1 ofl