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' ": I I,· , ,J : : ,'1 . . ·: + i:J'· i 1 I . } I ' i · 14 -,·~·}?'.f~1i-~:; Jlt -' 1\:H I I :,·,r.. ,.--I ,.· ·.·• , .,,,,.. ·, ' ·, i, I r ' ·~ I ' City of Renton Planning Division CITY OF RENTON JUN -7 1013 ~~(C~~~~[Q) SADDLEBROOK PRELIMINARY PLAT MAILBOX EXHIBIT @ NORTH """""'''"'" 0 15 JO 81) ,INCH•30FT. 10-oJ-12 ....- Plonning/Bu~d',ng/Publk Werk, Dept. ' CITY OF RENTON .( DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: October 10, 2013 To: City Clerk's Office From: Stacy M Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office -"------.=~=--------- Project Name: Saddlebrook Final Plat , LUA (file) Number: LUA-13-000704, FP [I Cross-References: LUA12-077 !i AKA's: Saddlebrook Div 1 Final Plat I I Project Manager: ~ k'cu1non L/ '.--\..1 .-i ck_/ Ne,\ \A 1 ; ' I '--' • 1: Acceptance Date: July 8, 2013 ., ,i Applicant: Justin Lagers Ii Owner: ACH Homes, LLC Contact: Same as applicant ,, il PID Number: 3664500261; 3664500260 ·, ERC Determination: Date: i Aeeeal Period Ends: I Administrative Decision: Date: Anneal Period Ends: . , Public Hearing Date: 1 Date Appealed to HEX: By Whom: HEX Decision: Approved Date: October 3, 2013 Aeeeal Period Ends: October 17, 2013 ,, Date Appealed to Council: 11 By Whom: .: Council Decision: Date: Mylar Recording Number: . Project Description: The applicant is requesting Final Plat approval for a 14 lots and 1 storm : drainage tract subdivision located in the Residential 4 net du/ac zone. ' ., I' ,i Location: 13430 & 13426 156th Avenue SE ,, "Comments: I ERC Determination Types: DNS -Determination of Non-Significance; DNS-M -Determination of Non-Significance-Mitigated; DS -Determination of Significance. I I I J 2 3 4 5 6 7 8 9 10 11 12 13 14 15 .. - BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Saddlebrook Final Plat LUA 13-000704, FP ) ) ) FINAL PLAT APPROVAL ) ) ) ) ) _________________ ,) Summary 16 The applicant has applied for final plat approval. The final plat is approved. 17 18 Testimony No hearing is held on final plat applications. 19 20 21 22 23 24 25 26 Exhibits The following documents were considered in evaluating the application for final plat: L 2. 3. 4. September 16, 2013 memo from Neil Watts to Phil Olbrechts. November 29, 2012 preliminary plat approval Plat Map Vicinity Map Findings of Fact FINAL PLAT-I I 2 3 4 5 6 7 8 9 JO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Procedural: I. Applicant. PNW Holdings LLC. 2. Hearing. No hearing is required or held for final plat applications. Substantive: 3. Description of Proposal. The applicant is requesting final plat approval for a 14 lot subdivision. The City of Renton approved the preliminary plat on November 29, 2012. The final plat encompasses 4.3 acres and is located at 13430 and 13426 156th Ave. S.E .. 4. Consistency with Preliminary Plat Conditions. The applicant has complied with all preliminary plat conditions of approval, as detailed in the memo to the examiner, Ex. I, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. Conclusions of Law Procedural: 1. Authority of Hearing Examiner. RMC 4-7-1 IO(C) provides that the hearing examiner shall approve all final plats. Substantive: 2. Applicable Standards. The RMC doesn't contain any standards for final plat approval, other than to require that "the final plat shall conform with only minor modification to the preliminary plat." RMC 4-7-I JO(A)(2). As determined in Finding of Fact No. 4, as conditioned the plat conforms with all preliminary plat conditions of approval or will be bonded to comply with any outstanding conditions. DECISION The final plat application is approved. Dated this 3rd day of October, 2013. City of Renton Hearing Examiner FINAL PLAT -2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17° 18 19 20 21 22 23 24 25 26 ·1;. •• Appeal Right and Valuation Notices RMC 4-8-11 O(E)(9) and/or RMC 4-8-11 O(F)(l) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-11 O(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-11 O(E)(8) and RMC 4- 8-1 OO(G)( 4). A new fourteen (I 4) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall-7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FINAL PLAT -3 Cynthia Moya From: Bonnie Walton Sent: To: Thursday, October 03, 2013 11:31 AM Cynthia Moya Subject: Attachments: FW: Saddle brook Final Plat Approval Recommendation Final Plat --Saddlebrook 11.pdf Fyi. .. bw From: phil olbrechts [mailto:olbrechtslaw@gmail.com] Sent: Thursday, October 03, 2013 10:34 AM To: Neil R. Watts Cc: Jan Illian; Steven.Pinkham; Vanessa Dolbee; Stacy Tucker; Bonnie Walton Subject: RE: Saddle brook Final Plat Approval Recommendation Final plat approval attached. From: Neil R. Watts [mailto:Nwatts@Rentonwa.gov] Sent: Tuesday, September 17, 2013 B:23 AM To: 'Phil Olbrechts' ( olbrechtslaw@gmail.com) Cc: Jan Illian; Steven Pinkham; Vanessa Dolbee; Stacy Tucker Subject: FW: Saddle brook Final Plat Approval Recommendation Phil We are recommending approval of the final plat request for the Saddle brook Plat. I have attached our recommendation to approve, along with a copy of the approved preliminary plat, vicinity map and plat map. I have revised our recommendation format based on example formats from other jurisdictions. This includes a short history of the project, with applicable approval dates. We still include an itemized summary of compliance with all the preliminary plat conditions. Since we no longer collect mitigation fees at time of final plat, we are not including our "traditional" recommendation of collecting fees prior to recording. All the utility system development fees were already paid prior to issuance of the construction permit for the infrastructure, and the various city impact fees will be charged and collected at the later building permit stage. If you have any questions or suggestions, please let me know. Neil Watts, Director Development Services Division 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 , BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON ) ) ) FINAL PLAT APPROVAL RE: Saddlebrook ) ) Final Plat ) LUA 13-000704, FP ) ) _______________ ) Summary 16 The applicant has applied for final plat approval. The final plat is approved. 17 18 . 'festimony No hearing is held on final plat applications. 19 20 21 22 23 24 25 26 Exhibits The following documents were considered in evaluating the application for final plat: I. 2. 3. 4. September 16, 2013 memo from Neil Watts to Phil Olbrechts. November 29, 2012 preliminary plat approval Plat Map Vicinity Map Findings of Fact FINAL PLAT-I I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Procedural: I. Applicant. PNW Holdings LLC. 2. Hearing. No hearing is required or held for final plat applications. Substantive: 3. Description of Proposal. The applicant is requesting final plat approval for a 14 lot subdivision. The City of Renton approved the preliminary plat on November 29, 2012. The final plat encompasses 4.3 acres and is located at 13430 and 13426 156 1h Ave. S.E .. 4. Consistency with Preliminary Plat Conditions. The applicant has complied with all preliminary plat conditions of approval, as detailed in the memo to the examiner, Ex. 1, the findings and conclusions of which are adopted and incorporated by this reference as if set forth in full. Conclusions of Law Procedural: I. Authority of Hearing Examiner. RMC 4-7-11 O(C) provides that the hearing examiner shall approve all final plats. Substantive: 2. Applicable Standards. The RMC doesn't contain any standards for final plat approval, other than to require that "the finai plat shall conform with only minor modification to the preliminary plat." RMC 4-7-11 O(A)(2). As determined in Finding of Fact No. 4, as conditioned the plat conforms with all preliminary plat conditions of approval or will be bonded to comply with any outstanding conditions. ])ECISION The final plat application is approved. Dated this 3rd day of October, 2013. City of Renton Hearing Examiner FINAL PLAT-2 ,· 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Appeal Right and Valuation Notices RMC 4-8-l 10(E)(9) and/or RMC 4-8-l 10(F)(l) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-11 O(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-11 O(E)(8) and RMC 4- 8-100(G)( 4). A new fou1teen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall-7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FINAL PLAT -3 y DATE: TO: FROM: COMMUNITY& ECONOMIC DEVELOPMENT M E M O R A N D U M September 16, 2013 Phil Olbrechts, Renton Hearing Examiner Neil Watts, Development Services Director SUBJECT: Approval Request for the Saddlebrook Final Plat 13426 -156'• Av SE LUA 13-000704, FP I. Request The applicant (ACH Homes, LLC) requests approval for the final plat for Saddlebrook Plat to subdivide the 4.3 acre site into 14 single-family lots. The plat is zoned R-4. II. Prior Decision History The application for the preliminary plat was submitted on September 4, 2012. The Determination of Non-Significance (DNS) was issued on October 15, 2012. No appeals were filed to the DNS. A public hearing with the Hearing Examiner was held on November 13, 2012. The Hearing Examiner entered a decision of approval with conditions for the project on November 29, 2012. No appeals were filed and the decision became final on December 13, 2012. On March 14, 2013, the applicant received approval of the construction permit for the plat infrastructure. On June 4, 2013, the applicant submitted the final plat application. The construction of the plat infrastructure is complete and accepted. The completed improvements include a new through street, street frontage improvements on the existing adjacent streets, street lights, drainage, and required utility improvements. Ill. Consistency with the Preliminary Plat Conditions of Approval per the Hearing Examiner for the City of Renton The following are the specific conditions of approval for the preliminary plat and how the applicant has met these conditions. 1. The Applicant shall comply with the four mitigation measures issued as part of the Determination of Non-Significance Mitigated, dated October 15, 2012. Approval Request for the Saddleb1 iinal Plat September 16, 2013 City response: The applicant has complied with the following conditions imposed by the ERC: a. The Applicant shall comply with the recommendations included in the Geotechnical Report, prepared by Earth Solutions NW LLC, dated June 28, 2012. This condition was met at the approval af the canstructian plans and the implemented with sound construction practices. b. The Applicant shall pay a Parks and Recreation Impact fee, as determined by the Renton Municipal Code at the time of payment. The fee shall be payable to the City as specified by the Renton Municipal Code either at the time of Final Plat Recording or building permit issuance. This has been nated on the face of the plat. c. The Applicant shall pay a Transportation Impact fee, as determined by the Renton Municipal Code at the time of payment. The fee shall be payable to the City as specified by the Renton Municipal Code either at the time of Final Plat Recording or building permit issuance. This has been noted on the face of the plat. d. The Applicant shall pay a Fire Impact fee, as determined by the Renton Municipal Code at the time of payment. The fee shall be payable to the City as specified by the Renton Municipal Code either at the time of Final Plat Recording or building permit issuance. This has been noted on the face of the plat. 2. Pursuant to the Flow Control BMP reduction; the proposed 45 percent impervious surface limitation shall be recorded on the face of the final plat. City response: A restriction limiting the maximum impervious surface to 45% per lot has been included on the final plat. 3. A final detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit issuance, including but not limited to a larger maturing tree along Road A and shrubs and ground cover located in the on-site landscape strips. City response: A final detailed landscape plan has been submitted and approved by the Current Planning project manager. 4. The Applicant shall provide an updated tree retention worksheet, tree retention plan and planting plan that meet the minimum retention and/or replacement requirements of RMC 4-4-130. The plan sets and worksheet shall be submitted to the Current Planning Project Manager for review and approval prior to construction permit issuance. City response: An updated worksheet and required plans have been submitted and approved by the Current Planning project manager. 5. The Applicant shall provide fully sight obscuring screening landscaping along the perimeter of Tract A. A landscaping plan shall be submitted for review and approval by the Current Planning Project Manager prior to Construction Permit issuance. Screening landscaping shall be installed and inspected prior to final plat recording. City response: The required landscaping plans have been submitted, inspected and approved by the planning manager. 2 Approval Request for the 5addleb. Final Plat September 16, 2013 6. The Applicant shall comply with the fifteen conditions included in the stormwater adjustment granted by the City of Renton Surface Water Utility Supervisor dated October 31, 2012 (Exhibit 19). City response: This condition was met by the preparation and approval of the drainage report and the construction plans. The condition was completed with approved construction of the drainage facilities per approved plans. 7. Prior to demolition of the existing structures, the Applicant shall ensure rodents or other pests living with the structures are exterminated. City response: A demolition permit was issued for the existing structures and rodent control was implemented. 8. City staff shall investigate the site distance issues raised by Ms. High as summarized in her testimony in the Testimony of this decision and, if any safety problems are discovered, shall condition the project as reasonably necessary to provide for safe site distance. City response: This condition was met by action taken by city staff and was approved with the construction plans. 9. All proposed street names shall be approved by the City. City response: Proposed street names have been approved by the City. 10. All adjacent rights-of-way and new rights-of-way dedicated as part of the plat, including streets, roads, and alleys, shall be graded to their 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 his/her designee. City response: This condition was completed during plat engineering and complied with during plat construction. 11. Unless septic tanks are specifically approved by the Public Works Department and the King County Health Department, sanitary sewers shall be provided by the developer at no cost to the City and designed in accordance with City standards. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. City response: This condition was completed during plat engineering and complied with during plat construction. 12. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15'). City response: The construction plans and the final plat have been prepared to show a minimum of a fifteen (15) foot radius at the corners. 3 Approval Request forthe Saddleb, iinal Plat September 16, 2013 13. 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. City response: The site is within the water service area of Water District 90. The water system was designed and approved by Water District #90. This condition was completed during plat engineering and complied with during plat construction. 14. 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. 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. City response: This condition was completed during plat engineering and complied with during plat construction. 15. 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 aUey improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The Applicant shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the Applicant and shall inspect the conduit and certify to the City that it is properly installed. City response: This condition was completed during plat engineering and complied with during plat construction. 16. The Applicant shall install all street name signs necessary in the subdivision. City response: This condition was completed during plat engineering and complied with during plat construction. IV, Staff Recommendation City staff recommends to the Hearing Examiner approval of the Saddlebrook Final Plat. cc: Chip Vincent Gregg Zimmerman Jan Illian Steve Pinkham Vanessa Dolbee 4 D. R. STRON"G CONSULTING EfllGINEERS July 23, 2013 Vanessa Dolbee Renton City Hall 1055 South Grady Way, 5th Floor Renton, Washington 98057 Re: Saddlebrook Plat, LUA 12-077 Dear Mrs. Dolbee: Project No. 12040 This letter is provided as clarification to Condition 2 of the Hearing Examiner's Decision which states "Pursuant to Flow Control BMP reduction; the proposed 45 percent impervious surface limitation shall be recorded on the face of the final plat". At the time of preliminary approval, the selected BMP option was the reduced impervious surface footprint. Through engineering design and city comments, the selected BMP option was revised to utilize splash blocks for basic dispersion. This selection was reviewed and approved by city staff. The allowable impervious surface for each lot was stated on the approved engineering plans. The applicant is requesting that the maximum impervious surface per lot to be shown on the face of the final plat be revised to match that which is called out on the approved engineering plans. Thank you for your time and consideration in this matter. If you have any questions or concerns regarding any of the items submitted, please do not hesitate to contact me. Sincerely yours, D. R. SiffONG Consulting Engineers Inc. J I\ \ \ \ ' \ . .. . .... ----1 Mahe ·A. Jo i, P.E. SE\_llior Project Engineer, Vice President \, MAJ/yip--/ Enclosures: 1 -Approved Sheet C10, Storm Drainage Plan R:\2012\0\ 12040\Correspondence\Letters\out\L 130723:_Dolbee.doc Engineers Surveyors 620 7'~ Avenue Kirkland, WA 98033-3063 Phone: (425) 827-3063 Fax: (425) 827-2423 Toll Free: (80.0) 962-1402 Landscape Architects 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 BEFORE TIIE HEARING EXAMINER FOR THE CITY OF RENTON RE: Saddlcbrook Plat Preliminary Plat LUA12-077, ECF, PP ) ) ) FINAL DECISION ) ) ) ) ) _______________ ) SUMMARY 16 The Applicant requests preliminary plat approval for a 14 lot residential subdivision. The preliminary plat is approved with conditions. 17 18 TESTIMONY 19 Vanessa Dolbee, Senior Planner, City of Renton 20 21 22 23 24 25 Ms. Dolbee described the project. Ms. Dolby stated the site is located between Yakima Avenue NE and Vesta Avenue NE. The site consists of two parcels located at 13430 and 13426 156th Avenue NE (Vesta Avenue NE). The site is 4.35 acres is designated Residential Low Density in the Comprehensive Plan and is within the Residential four dwelling units per acre (R-4) zone (Ex. ~). The Applicant proposes a 14 lot single family subdivision. Ms. Dolbee stated the site presently the site contains one single family residence, a mobile home and outbuildings. It has recently been used as pasture. All structures will be removed. Exhibit 4 is a tree retention worksheet. There are 48 significant trees on-site and within right of way. 26 Eight of the trees are dangerous. Eleven of the trees are in right of way. The Applicant proposes to PRELIMINARY PLAT -I 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 retain eight trees. Ms. Dolbee stated there are no critical areas on site. The Applicant proposes a new public roadway -Road A. Road A will connect Yakima Avenue NE and Vesta Avenue NE. Ms. Dolbee stated the proposal is consistent with the zoning and development standards. The Applicant will plant street trees on all rights of way. The City issued an MONS with four conditions. No appeals were filed. No public or agency comments were received. Ms. Dolbee stated the project is consistent with comprehensive plan land use and community design policies and with all zoning regulations, as conditioned. Ms. Dolbee stated the Applicant is seeking impervious surface credit for the King County Surface Water Design Manual. The Applicant submitted a landscape plan with trees on all frontages and a 10 foot wide landscape strip on the frontages. No trees or shrubs were proposed. Ms. Dolbee stated the code requires groundcover and shrubs in the landscape strip but no trees because they are already in the street planting. Ms. Dolbee further stated the City's forester requested the Applicant provide for a larger tree species to replace a flowering pear. She stated there were no overhead wires and a larger tree could be permitted here. Ms. Dolbee stated that 30 percent of the trees must be retained. Ms. Dolbee said the Applicant's Arborist report showed an error by counting existing trees that are in the right of way which are exempt from the 30 percent tree retention requirement. The City is asking the Applicant to prepare a new tree retention worksheet. Ms. Dolbee slate the street improvements will add 5 foot bike lane, sidewalk and landscape strips on both existing streets. The new street will have parking on one side, landscaping and sidewalks. Surrounding property uses are residential, four dwelling units per acre. The proposal is similar, though the Applicant has asked for a storm drainage tract. Staff recommends the Applicant provide perimeter landscaping around the tract. Ms. Dolbee stated fire and police service are adequate to serve the proposal. The Renton School District can accommodate any additional students resulting from the proposal. Water service is adequate but the Applicant must provide a Water Availability Certificate. A sewer extension is required but adequate capacity exists. The Applicant submitted a drainage report with an onsite pond. The pond has been designed to the 2009 King County st01\nwater manual. The Applicant is asking to discharge to one facility instead of two. The City granted approval of the modification request to the storm water standards on August 16, 2012, with conditions. The Applicant submitted a subsequent request for modification asking for an adjustment for a filter system. This type of system is approved by the Washington State Department of Ecology for stormwater treatment. The City of Renton approved the second modification request on October 31, 2012 with 15 conditions (Ex. 19). Staff asks that condition of approval #6 in the Staff Repo1t (Ex. I) be adjusted to reflect Exhibit 19. PRELIMINARY PLAT-2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ms. Dolbee stated Staff recommends approval of the project, su~jcct to conditions. In response to the Hearing Examiner, Ms. Dolby stated street trees will be provided subject to conditions. Staff states the trees in the planter strips do not need to be in the landscape strip, too. The Arborist suggested taller trees because there are no overhead electrical wires. Stephen Avril, DR Strong Engineering Consultants Mr. Avril represented the Applicant's engineering company, DR Strong. He testified that the Applicant concurred with the StaIT recommendation. Gwendolyn High Ms. High stated she is a member of the Renton Planning Commission, but was at the hearing representing herself as a neighbor of the project, rather than as a commissioner. Ms. High stated she thinks the Staff Report is thorough but she had some concerns. Specifically, Ms. High stated she is concerned about rats fleeing the barn on-site when it is demolished. She also stated she was concerned about the com1ection of Road A to 156111 Avenue SE (Vesta Avenue NE). This road is a major arterial with existing problems. The road was created as a neighborhood connector but within two years was reclassified to a major arterial. There is a utility pole next to the Hill property that limits site view as they leave their property. This situation is compounded by an existing tum lane at that location. The proposed connection to 156th Avenue SE from Road A is vety close to that turn lane. There is also a church there that provides traffic conflicts as it is heavily utilized throughout the day and the week. The neighbors arc very concerned about the traffic. There is also a school bus stop there with stops ten times per day. The corridor is vety busy. She is concerned about sight distances and sight lines. She also was concerned about the drainage plan. Ms. High entered Exhibit 21 to the record. Kayren Kittrick, Lead Construction Inspector, City of Renton Ms. Kittrick stated the traffic study showed no additional mitigation was necessary to maintain the existing level of service (LOS). The City will still look at this at the construction stage. The traffic . operation group will make recommendations for anything else that is required. Ms. Kittrick stated the traffic operations group can't deal with speed limits other than to coordinate with the police. The speed limit is 35 mph, t,hough cars do travel foster. The traffic report showed the roads would remain at LOS A or B. There are only 30 PM Peak Hour trips generated by the proposal which don't trigger any required improvements. The City didn't see any conflicts, but now that they have more information, they will pay more attention at the constrnction stage. The City did look at traffic on the corridor, including church traffic. The sight distance wasn't an issue, but the City will review it again. The City could work with PSE or Century Link or whoever owns the pole to fix any site distance issues. Any new utilities have to go underground. The second stormwater adjustment (the filter system), is a very small vault for water quality control. Ms. Kittrick stated the City with work with Ms. High. PRELIMINARY PLAT-3 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Vanessa Dolbee Ms. Dolbee stated the City would work with a pest abatement company to deal with the rats. Stephen Avril Mr. Avril described the vaull system proposed. He stated there are no proposed changes to the tract or lot lines from that shown on the plat map. .EXHIBITS Exhibits 2-18 listed on page 2 of the November 6, 2012 Staff Report, in addition to the Staff Report itself (Ex. I), were admitted into evidence the public hearing. Additional exhibits admitted cltiring the hearing include: Ex. 19 -Modification to the Stormwater Standards, October 31, 2012 Ex. 20 -Staff Powerpoint presentation from hearing Ex. 21 -Public Comment from Gwendolyn High FINDINGS OF FACT Procedural: I. Applicant. Justin Lagers, PNW Holdings LLC. Represented by Stephen Avril, D.R. Strong Consulting Engineers, Inc. 2. Hearing. The Examiner held a hearing on the subject application on November 13, 2012 in the City of Renton Council Chambers. 3. Project Description. The Applicant is requesting Preliminary Plat approval for a 14 lot subdivision and a storm drainage tract located in the Residential 4 net du.lac zone. The application includes two lots addressed 13430 & 13426 156th Avenue SE with a land area of 189,797 square feet (4.35 acres). The proposed lots range in size from 9,400 square feet to 11,737 square feet. The resulting net density is 3.86 dwelling units per acre. The site contains two existing buildings which will be demolished. Access to the site would be via a new public road, "Road A" which would connect Yakima Avenue NE (158th Avenue SE) to Vesta Avenue NE (156th Avenue SE). New frontage improvements would be provided along 156th Avenue SE, Yakima Avenue NE, and the new Road A. There are no critical areas located on the site. Eight significant trees have been proposed to be retained of the 48 located on site. To prepare the site approximately 8,873 cubic yards PRELIMINARY PLAT -4 2 3 4 5 6 7 8 9 10 I I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 of cut and 5,636 cubic yan.ls of fill are proposed. The Applicant submitted a stormwater report, geotechnical report, and a traffic study with the application. The properties surrounding the subject site are single-family residences and are designated R-4 on the City's zoning maps. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourages large lot development. 4. Adequacy of Infrastructure/Public Services. The project will be served by adequate infrastructure and public services as follows: A. Water and Sewer Service. The site is located in the \Valer District 90 water service boundary. The Applicant must obtain a Certificate of Water Availability. There are existing City of Renton 8-inch sewer mains in Vesta Avenue NE and Yakima Avenue NE. The Applicant provided a conceptual utility plan with the application (Ex.l1ibit 9). The conceptual utility plan was approved by Plan Review. This proposal is located in the Central Plateau Interceptor Area Special Assessment District (SAD 0034). These fees are $351.95 plus interest per unit, and shall be paid at the time a construction permit is issued and prior to recording the plat. B. Police and Fire Protection. Police and Fire Prevention Staff indicate that sufficient resources exist to furnish services to the proposed development; subject to the condition that the Applicant provides Code required improvements and fees. A Fire Impact Fee, based on new single-family lot with credit given for the existing single-family residence, is required by the MONS for the project. The fee is payable to the City as specified by the Renton Municipal Code. C. Drainage. Drainage will be adequately addressed. The site is situated atop a ridge and discharges runoff into two sub-basins. Tributary Drainage Area (TDA) West is approximately 1.78 acres and discharges to Vesta Avenue NE while TOA East is comprised of the remaining 2.58 acres and discharges to Yakima Avenue NE. The storm drainage and TESC standards for the project arc established by the City of Renton Addcndtml to the 2009 King County Surface Water design Manual (KCSWDM). This site is located in the Flow Control Duration Standard Forested Conditions and is required to provide Basic Water Quality treatment and Level 3 Flow Control. The Applicant submitted a Technical Information Report (TIR) prepared by D.R. Strong Consulting Engineers, dated August 27, 2012 (Ex. 12). Based on the provided TIR the Applicant is proposing all surface water runoff from impervious surfaces to be collected PRELIMINARY PLAT-5 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 and conveyed lo a storm detention/water quality pond located in proposed Tract A. Tract A is located in the southwest corner of the proposed development and would discharge to the conveyance system in Vesta Avenue NE. Pursuant to the provided TIR the proposed conveyance system was analyzed and is capable of conveying the I 00-year peak storm without overtopping any structures or channels. Prior to the subject application, the Applicant requested an adjustment to the requirement to discharge stormwater to one detention facility instead of the required two. An approval of this request was granted by the City of Renton Surface Water Utility Supervisor on August 16, 2012, subject to seven conditions (Ex. 18). Subsequent to this approval, the Applicant submitted a revised request for modification asking for an adjustment for a filter system. This type of system is approved by the Washington State Department of Ecology for stonnwater treatment. The City of Renton approved the second modification request on October 31, 2012 with 15 conditions (Ex. 19). A condition of approval will require the Applicant to comply with the mitigation measures in Exhibit 19. The Applicant's Geotechnical Report (Exhibit 13) evaluated the on-site soils to determine their percolation rate. Based on the provided Gcotechnical Report infiltration on the site or individual lots is not feasible. • D. Parks/Open Space. The MDNS for the project requires the Applicant to pay a Parks and Recreation Impact fee at the time of final plat recording. RMC 4-2-115, which governs open space requirements for residential development, does not have any specific . requirements for open space for residential development in the R-4 district. The impact fees provide for adequate parks and open space. E. Streets. Access lo all lots would be provided along a new public road, Road A. The driveway width standards for the proposed lots would be verified at the time of building pei'mit review. The proposed street improvements on Vesta Avenue NE will provide a 5- foot bike lane, curb 17 feet from centerline of right-of-way, then an 8-foot planter strip and a 5-foot sidewalk. l11e proposed street improvements on Yakima Avenue NE will provide 32 leet of pavement to allow for parking on both sides, curb 16 feet from centerline of right-of-way, then an 8-foot planter strip and a 5-foot sidewalk. The proposed new internal street, Road A, will extend the full width of the development, connecting to both Vesta Avenue NE and Yakima Avenue NE. Road A will have a 26- foot pavement section, with parking on one side, an 8-foot planter, and a 5-foot sidewalk in a 52-foot dedicated right-of-way. PRELIMINARY PLAT -6 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 The proposed plat is anticipated to generate additional traffic on the City's street system. A Transportation Impact Fee, per net new average daily trip attributed to the project, with credit given for the existing single-family residences, was recommended as part of the SEPA review. The fee would be used to mitigate the proposal's potential impacts to the City's transportation system and is payable to the City as specified by the Renton Municipal Code. F. Tree Retention. The site is currently occupied by a single family residence, a mobile home and outbuildings at the west side of 156th Avenue SE. A large portion of the site is being used for horse pasture. The remainder of the site is vegetated with scattered trees, lawn, and clumps of Himalayan blackberry. The current site contains 48 significant trees of which 8 are determined to be dead, diseased and/or dangerous, ! I would be located in the proposed roadway and 8 are proposed to be retained. There appears to be an error in the Applicant's tree retention report in determining the number of trees located on the subject site and located in the proposed right-of-way improvement area. Staff has recalculated the retention ratios and determined the Applicant would be required to provide four replacement trees at 2-inch caliper. The Applicant's Conceptual Landscape Plan proposed to plant 61 new trees at a 1.5 inch caliper in size. Jfthe Applicant provided four of the proposed 61 trees at 2 caliper inches, the 30 percent retention/replacement ratio would be met. A condition of approval will require the Applicant to provide an updated tree retention worksheet and planting plan that meets the minimum retention and/or replacement requirements. G. Landscaping. As proposed the conceptual l_anclscape plan does comply with the I 0-foot wide on-site landscape requirement. However, there are no trees and/or shrnbs proposed in the portions of on-site street frontage landscaping located along Road A and no trees proposed in the portions of on-site street frontage landscaping located· along Yakima Avenue NE and Vesta Avenue NE. An 8-foot planting strip between the back of the curb and the sidewalk is required along all street frontages. Street trees arc required to be planted in the planting area. The Applicant has proposed to plant flowering pear trees in the planting strip along Road A and Katsura trees along Yakima Avenue NE and Vesta Avenue NE. As such, all lots would have trees along the frontage; therefore, staff recommends approval of eliminating the requirement for trees in the on-site landscape strips along all frontages. A mixture of shrubs and ground cover is required. As proposed, the lawn along new Road A would not meet the minimum requirements for on-site street frontage landscaping. PRELIMINARY PLAT-7 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The City's Urban Forester recommended the Applicant provide a larger sized tree in place of the flowering pear trees along Road A. The flowering pear tree is a small maturing tree which is typically used in places where overhead electrical wires occur. As no overhead electrical wires are present al the subject site, a larger tree species is appropriate. A condition of approval will require the Applicant to submit a final detailed landscape pla for approval by the Current Plmming Project Manager prior to construction permit issuance, including a larger maturing tree along Road A and shrubs and ground cover located in the on-site landscape strips. H. Parking. Sufficient area exists, on each lot, to accommodate required off street parking for a minimum of two vehicles. I. Schools. The Renton School District can accommodate any additional students generated by this proposal at the following schools: Maplewood Elementary, McKnight Middle School and Hazen High School. A School Impact Fee, based on new single-family lot, will be required in order to mitigate the proposal's potential impacts to the Renton School District. The fee is payable to the City as specified by the Renton Municipal Code. Currently the fee is assessed at $6,392.00 per single family residence. 5. Adverse Impacts. There are no adverse impacts associated with the proposal. As discussed in Finding of Fact No. 4, the proposal provides for adequate infrastructure and is served by adequate public services. There are no critical areas on site. The Applicant has proposed to develop a storm drainage tract, Tract A, in the southwest corner of the site. Typically storm ponds are large "holes in the ground" smrnunded by a fence. This type of development would not be compatible with the surrounding residential development. The aesthetic impacts of a fenced storm pond could be relieved by the addition of screening landscaping around the perimeter of the pond. The Applicant has proposed to provide landscaping around Tract A; however, the south side of the tract has no landscaping proposed. A condition of approval will require the Applicant to provide screening landscaping meeting the definition of fully site obscuring on the outside of the fence (ifa fence is proposed) or along the entire perimeter of Tract A. One issue of significant concerns to neighbors was the potential for rats to invade the neighborhood when the existing barn is demolished. The City expressed a willingness to work with the neighbors to ensure pests are managed. A condition of approval will require the Applicant to ensure rodents are extenuinated in the subject prope1ty prior to demolition of the existing structures. A final issue of significant concern to the neighbors was the sight lines and sight distances for PRELIMINARY PLAT-8 2 3 4 5 vehicles exiting the site and the impact of site traffic on the neighbors. There arc presently sight distance issues related to a utility pole and a turn lane. Existing traffic in the area is also a concern with respect to speeding and the heavy use of a church in the subject's vicinity. The proposal is conditioned for staff to review the site distance issues raised by Ms. High and to mitigate the project as determined reasonably necessary. Conclusions of Law 6 l. Authority. RMC 4-7-020(C) and 4-7-050(0)(5) provide that the Hearing Examiner shall hold 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a hearing and issue a final decision on preliminary plat applications. 2. Zoning/Comprehensive Plan Designations. The subject property is zoned Residential 4 dwelling units per net acre (R-4). The comprehensive plan map land use designation is Residential Low Density. 3. Review Criteria. Chapter 4-7 RMC governs the criteria for subdivision review. Applicable standards arc quoted below in italics and applied through corresponding conclusions of law. RMC 4-7-0SO(B): A subdivision shall be consistent with the following principles r!f'acceptability: 1. Legal Lots: Creole legal building sites which comply with all provisions of !he Cily Zoning Code. 2. Access: Establish access lo a public road for each segregaled parcel. 3. Physical Charac/erislics: Have suilable physical characleristics. A proposed plal may be denied because of flood, inundalion, or we/land condilions. Constrnclion of protective impro1•e111e11ts may be required as a condilion of approval, and such improvemenls shall be noled on /he.final pkt!. 4. Drainage: iv!ake adequa/e provision for drainage ways, slreets, alleys,· olher puhlic ways, water supplies and sanilWJ' wastes. 4. As noted in Finding of Fact 4g, this criterion is not satisfied with respect to landscaping requirements. The proposed lots comply with all other requirements of the R-4 zoning district as detailed by Staff at pages 7-8 of the Staff Report, which is adopted and incorporated by this reference as if set forth in full. As shown on the preliminary plat map, Ex. 2, each lot will access Road A. There are no critical areas on site. The developable site has physical characteristics suitable for development. As determined in the Finding of Fact No. 4, and as conditioned, the proposal makes adequate provision for drainage, streets water and sewer. RIVIC 4-7-080(1)(1): ... The Hearing Examiner shall assure conformance wilh !he general pwposes of the Comprehensive Plan and adopted slandards ... PRELIMINARY PLAT -9 2 3 4 5 6 7 5. The proposed preliminary play is consistent with the Renton Comprehensive Plan as outlined in page 6 of the staff report, which is incorporated by this reference as if set fo1th in full. RMC 4-7-120(A): No plan for the replalling, subdivision, or dedication of any.areas shall be approved by the Hearing Ei:aminer unless the streets sholl'n therein are connected by s111:fc1ced road or street (according to City .17,ecificatiom) lo an existing street or highway. 6. Road A will connect to both Vesta Avenue NE and Yakima Avenue NE. RMC 4-7-120(B): n,e location of all streets shall con.form to any adopted plans.for streets in the City. The internal road, Road A will connect Vesta Avenue NE to Yakima Avenue NE. 8 7. 9 RMC 4-7-120(C): {/' a subdivision is located in the area of an officially designed [~ic J trail, JO provisions shall be made.for reservation of the right-of-way or for easements to the City for trail ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 purposes. 8. The staff report and administrative record do not identify any officially designated trail in the vicinity. RMC 4-7-130(C): A plat, short plat, subdivision or dedication shall be prepared in cm!formance with the.following provisions: 1. Land Unsuitable fiJr Subdivision: Lcind which is found to be unsuitable for subdivision includes land with .features likely to be ham!ful to the sc!fcty and general health of the future residents (such as land~ adversely qffected by flooding, steep slopes, or rock formations). Land which the Department or the Hearing Examiner considers inappropriate jiJr s11hdivisio11 shall not be subdivided unless adequate safeguarru are provided against these adverse conditions. a. Flooding/Inundation: {{any portion of the land within the boundmy ofa preliminm:J' plat is subject to.flooding or inundation, thar portion of the subdivision must have the approval of the State according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider such subdivision. b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation ofa lot or !ors that primarily have slopes.forty percent {40%) or greater as measured per R,v!C 4-3- 05011 a, without adequate area at lesser slopes upon which development may occur, shall not be approved. PRELIMfNARY PLAT -I 0 2 3 4 5 6 3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Rete11tion and Land Clearing Regulations. 4. Streams: a. Preservation: Eve1y reasonable 4/ort shall be made to preserve existing streams. bodies of water, and wetland areas. b. Method: {fa stream passes through any of the suliiect property, a plan shall be presented which indicates how the stream will be preserved. The methodologies used should include an overflow T area, and an al/empt to minimize the disturbance of the natural channel and stream bed. 8 9 10 11 12 13 14 15 16 17 18 19 c. Culverting: The piping or tunneling o_(water shall be discouraged and all011•ed only when going under streets. d. Clean Water: Eve1J' effi1rt shall be made to keep all streams and bodies o_(water clear o_( debris and pollutants. 9. As discussed 111 Conclusion of Law No. 4, and as conditioned, the land is suitable for development. The property is not designated as a floodplain and there are no critical areas on-site. As discussed in Finding of Fact 4, there are 48 significant trees on-site. Of these, 19 trees would be excluded from the tree retention requirements because of their location in the proposed rights of way or access easements (11 trees) or because they are dead and/or dangerous (8 trees). The remaining 29 trees arn subject to the 30% tree retention requirement. The Applicant must retain at least 9 trees on site or mitigate the removal of trees by planting new trees. This project will be conditioned to comply with RMC 4-4-130 wherein the Applicant shall provide an updated tree retention worksheet, tree retention plan and planting plan for review and approval by the Cun-ent Planning Project Manager prior to construction permit issuance. RMC 4-7-140: Approval o_( all subdivisions located in either single .fr1111ily residential or 11111/ti- 20 .fc1111ily residential zones as defined in the Zoning Code shall be conti11gent upon the subdivider 's dedication of land or providing fees in lieu of dedication to the City, all as necessWJ' to mitigate the 21 22 23 adverse e.ffects o_( development upon the existing park and recreation service levels. The requirements mu/ procedures far this mitigation shall be per the City of Renton Parks ,\,Jitigation Resolution. 24 10. The MONS requires the payment of Park and Recreation Impact fees. 25 26 RMC 4-7-lSO(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 O.fficial shall find that such exception shall PRELIMINARY PLAT -11 2 3 meet !he requirements of subsection E3 of this Section. The roadway c/ass/fications shall be as d~fined and designated by the Department. I I. The internal road, Road A will connect Vesta Avenue NE to Yakima Avenue NE. 4 RMC 4-7-lSO(B): All proposed street names shall be approved by the Ci~J'. As conditioned. 5 12. 6 RMC 4-7-lSO(C): Streets intersecting with existing or proposed public highways, major or 7 secondary arterials shall be held to a minimum. 8 13. There is no intersection with a public highway or major or seconda1y arterial. 9 10 11 12 13 14 15 RMC 4-7-lSO(D): The alignment o.f all streets shall be reviewed and approved by the Public Works Department. 111e street standards set by RlvlC 4-6-060 shall apply unless otherll'ise approved Street alignment of(sels of less than one hundred twenty five feet (125') are not desirable, but may be approved by the Department upon a showing o.fneed bl/I only c!fier provision ofall necesswy sqfety measures. 14. As discussed in Finding of Fact 4, the Public Works Department has reviewed and approved the street alignment. RMC 4-7-lSO(E): 16 1. Grid: A grid street pal/em shall be used lo connect existing and nell' development and shall be the predominant street pa/tern in any subdivision per111i1ted by this Sec/ion. 17 18 19 20 21 22 23 24 25 26 2. Linkages: Linkages, including slreels, sidewalks, pedestrian or bike paths, shall be provided wilhin and between neighborhoods when they can creale a continuous and interconnected nelll'ork of roads and pathways. lmplemenlalion o_{lhis requirement shall comply with Comprehensive Plan Transpor/alion Element Objeclive T-A and Policies T-9 through T-16 and Community Design Element, Objeclive CD-Mand Policies CD-50 and CD-60. 3. Exceptions: a. The grid pal/em may be adjusled lo a ''.flexible grief" by reducing the number o.f linkages or the a/ignmenl belween roads, where the followingfac/ors are present on site: i. l1?feasible due lo lopographica//environmenlal conslrainls; and/or ii. Substantial impro\lemenls are exisling. PRELIMINARYPLAT-12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 4. Connections: Prior to adoption ofa complete grid street plan, reasonable connections that link existing portions of the grid system shall be made. At a minimum, stub srreets shall be required within s11bdivisions to allow.f11t11re connectivily. 5. Alley Access: Alley access is the pr~ferred street pa/fern except.for properties in the Residential Low Density land use designation. 171e Residential Low Density land use designation includes the RC R-1, a/Ill R-./ zones. Prior to approval o.fa plat without alley access, the Reviewing Official shall evaluate an alley layout and determine that the use 1!f al/eyM is not .feasible ... 6. Alternative Configurations: Offset or loop roads are the preferred alternative configurations. 7. Cul-de-Sac Streets: Cul-de-sac streets mew only be permilled by the Reviewing Official where due to demonstrable physical constraints no.fl/lure connection to a larger street pallern is physically possible. 15. The project provides a grid connection by connecting the internal street, Road A, to Vesta Avenue NE and Yakima Avenue NE. The Applicant will provide sidewalks along its frontage of . both Vesta Avenue NE and Yakima Avenue NE as well as on both sides of internal Road A. RMC 4-7-150(.F): All adjacent rights-o.f:way and new rights-of way dedicated as part of the plat, including streets, roads, and alleys, shall he graded to their fit/I width and the pavement and sidewalks shall be constructed as ~pec/fied in the street s/andards or deferred by the Planning/B11ildi11g!Public Works Administrator or his/her designee. 16. As conditioned. RMC 4-7-ISO(G): Streets that may be ex/ended in the event of.fi1t11re adjacent platting shall be required to he dedicated to the plat bo1mdm:v line. Extensions ofgreater depth than an average lot shall be improved with te111pora1J1 turnarounds. Dedication of a .fi1ll-ll'idth boundwy street shall be required in certain instances to facilitate fi1ture development. 17. There are no further street extensions possible for the proposed subdivision. 21 RMC 4-7-170(A): Jnsofai· as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. 22 23 24 25 26 18. As depicted in Ex. 2, the side lines are in conformance with the requirement quoted above. RMC 4-7-170(B): Each lot 11111st have access to a public street or road. Access may be by private access easemenl street per !he requirements of 1he stree/ standards. 19. As previously detennined, each lot has access to a public street or road. PRELIMINARY PLAT-13 2 RMC 4-7-170(C): The size, shape, and orienfillion of lots shall meet /he minimum area and width requiremenls of' the applicable zoning class/fication and shall be appropriate for the type of development and use contemplated Further subdivision of lots within a plat approved through the 3 provisions 1il this Chapter must be consistent with the then-current applicahle maximum density 4 requiremenl as measured wilhin the p/a/ as a 1l'hole. 5 20. As previously determined, the proposed lots comply with the zoning standards of the R-4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 zone, which includes area, width and density. RMC 4-7-170(0): Widlh between side lot lines at theirforemosl points (i.e., the poinls where the side lot lines intersect with the street righl-o_f~way line) shall not be less than eighty percent (80%) o_f' the required lot widlh except in the cases o_f' ( l) pipes/em lots, which shall have a minimum width o_f' twenty fee/ (20') and (2) lots on a street curve or /he turning circle o_f'cul-de-sac (rndial lols), which shall be a minimum o_f'thirtyfivefeet (35'). 21. As shown in Ex. 2, the requirement is satisfied. RMC 4-7-I 70(E): All lot corners al intersections o_f' dedicated public righls-o_f-way, excepl alleys, shall have minimum radius of ji.fieenfee/ (15'). 22. As conditioned. RMC 4-7-l 90(A): Due regard shall be shown to all natural.features such as large trees, walercourses, and similar community assets. Such na/ural fealures should be preserved, /hereby adding a/fractiveness and value lo /he properly. 23. As discussed in Finding of Fact No. 5. there are no critical areas on site. Significant trees are proposed for retention, where feasible on-site. RMC 4-7-200(A): Unless seplic tanks are wec/fically approved by the Public Works Deparlmenl and the King County Health Department, sa11itmy sell'ers shafl be provided by the developer al no cos/ to the City and designed in accordance ll'ilh Cily standards. Side sewer lines shall be inslafled eight feel (8~ info each lot if sanita,y sewer mains are available, or provided ll'ilh !he subdivision development. 24. As conditioned. RJVIC 4-7-200(8): An adequate drainage sys/em shall be provided for !he proper drainage of all sw:f'ace ll'aler. Cross drains shall be provided to accommodate all natural water.flow and shall be o_f' sufficient /enr,th to permit full-width roadll'ay and required slopes. The drainage sys/em shall be designed per /he requirements of RMC 4-6-030, Drainage (Sur.face Wate,~ Standards. The drainage sys/em shall include detention capacity for !he new slreel areas. Residenlial pfrlls shall also include PRELIMINARY PLAT -14 ' I detention capacity.for.future development c!fthe lots. Water qualityjealllres shall also be designed to 2 provide capacity.for the new street paving.for the plat. 3 4 5 6 7 8 25. The proposal, as conditioned, provides for adequate drainage that is in conformance with applicable City drainage standards as determined in Finding of Fact No. 4c. A condition of approval will require the drainage facilities to comply with the City's fifteen conditions included in the stonnwater adjustment granted by the City of Renton Surface Water Utility Supervisor dated October 31, 2012 (Exhibit 19). RMC 4-7-200(C): The water distribution sys/em including the locations offlre hydrants shall be designed and installed in accordance with City standards as de.fined by the Department and Fire Department requirements. /\s conditioned. 9 26. 10 RMC 4-7-200(D): All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a 111anner and depth to per111it the planting o.ftrees. Those utilities lo be located beneath paved surfaces shall be installed, including all service co1111ections, as approved by //,e Department. Sue/, ins/a/la/ion shall be completed and approved prior lo the application o.f WU' swface material. Easements may be required for the 11 12 13 14 15 maintenance and opemtion of utilities i1s spec/fied by the Deparlmenl. 27. As conditioned. 16 RMC 4-7-200(E): Any cable TV conduits shall be 11ndergro11nded at the same lime as other basic utilities are installed lo serve each lot. Conduit for service connections shall be laid to each lot line 17 18 19 20 21 22 23 24 25 26 by subdivider as lo obviate the necessity.fill' disturbing !he street area, i11clwli11g side111alks, or alley improvements when such sen•ice connections are extended to serve any building. The cos/ of trenching, conduit, pedestals and/or vaulls and laterals as well as easements therefore required lo bring service lo the development shall he bome by the developer and/or land owner. The subdivider shall be responsible only for co11d11il lo serve his development. Conduit entl.1· shall be elbowed lo .final ground elevation and capped. The cable TV company shall provide maps and spec{fications lo the subdivider and shall inspect the conduit and certify lo the City that ii is properly installed 28. As conditioned. RMC 4-7-210: A. MONUMENTS: PRELJMINAR Y PLAT -15 •' I 2 3 4 5 6 7 Concrele pemwnenl control 111om1111en1s sl,all be established al each and everv con/rolling corner of !he subdivision. Inferior 11101111111enls shall be located as determined by !he Deparlment. All surveys shall be per !he Cily of Renton surveying s/andard~. B. SURVEI': All otl,er /o/ cumers shall be marked per //,e City surveying standartl.r. C. STREET SIGNS: 171e subdivider shall ins/all all stree/ 11a111e signs necessWJ' in the subdivision 8 29. 9 As conditioned. DECISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The proposed preliminary plat is approved, subject to the following conditions: 1. The Applicant shall comply with the four mitigation measures issued as part of the Determination ofNon-Significance Mitigated, dated October 15, 2012. 2. Pursuant to the Flow Control BMP reduction; the proposed 45 percent impervious surface limitation shall be recorded on the face of the final plat. 3. A final· detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit issuance, including but not limited to a larger maturing tree along Road A and shrnbs and ground cover located in the on-site landscape strips. 4. The Applicant shall provide an updated tree retention worksheet, tree retention plan and planting plan that meet the minimum retention and/or replacement requirements ofRMC 4-4- 130. The plan sets and worksheet shall be submitted to the Current Planning Project Manager for review and approval prior to construction permit issuance. 5. The Applicant shall provide fully sight obscuring screening lmidscaping along the perimeter of Tract A A landscaping plan shall be submitted for review and approval by the Current Planning Project Manager prior to Construction Permit issuance. Screening landscaping shall be required to be installed and inspected prior to final plat recording, PRELIMINARYPLAT-16 I 2 3 4 s 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 6. The Applicant shall comply with the fifteen conditions included in the stonnwater adjustment granted by the C.ity of Renton Surface Water Utility Supervisor dated October 31, 2012 (Exhibit 19). 7. Prior to demolition of the existing structures, the Applicant shall ensure rodents or other pests living with the structures arc exterminated. 8. City staff shall investigate the site distance issues raised by Ms. High as summarized in her testimony in the Testimony of this decision and, if any safety problems are discovered, shall condition the project as reasonably necessary to provide for safe site distance. 9. All proposed street names shall be apprnved by the City. 10. All adjacent rights-of-way and new rights-of-way dedicated as pati 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 Platming/Building/Public Works Administrator or his/her designee. 11. Unless septic tanks are specifically approved by the Public Works Department and the King County Health Department, sanitary sewers shall be provided by the developer at no cost to the City and designed in accordance with City standards. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. 12. All lot corners at intersections of dedicated public 1·ights-of-way, except alleys, shall have minimum radius of fifteen leet ( 15'). 13. The water distribution system including the locations of fire hydrants shall be designed and installed in accordance with City standards as defined by the Depatimcnt and Fire Department requirements. 14. All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in the parking strip shall be placed in such a maimer 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. 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. 15. 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 PRELIMINARY PLAT-17 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 Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals ancl/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 lo serve his development. Conduit ends shall be elbowed lo linal 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. 16. The Applicant shall install all street name signs necessary in the subdivision. DA TED this 291h day of November, 2012. Phil A. Olbrechts City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-11 O(E)(9) provides that the final decision of the hearing examiner is subject to appeal lo the Renton City Council. Rl'v!C 4-8-11 O(E)(9) requires appeals of the hearing examiner's decision to be filed within fomtccn (14) calendar days froin 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 4-8-1 IO(E)(8) and RMC 4-8-IOO(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7'11 floor, (425) 430-6510. Affected property owners may request a change m valuation for property tax purposes notwithstanding any program of revaluation. PRELIMINARY PLAT -18 LUA-12-XXX-FP LNO-XX-XXXX SADDLEBROOK RECORDING NO. A PORTION OF THE SW. 1/4 OF THE NE. 1/4 SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., 11 CITY Of RENTON, KING COUNTY, WASHINGTON P'.MID CCNOa:lt"\, ....0--MOflUMCN'I' .. TH PK '\ 1 + l+ '-fO.IND ~PtOC /l~T~ .E&-- DAASS PUIG iSCT ~ + """"" """ ~ RCr :ilJRl'Aet . 't} w i It~ ,.. : ~, l ,"""""'-.,.;.. ·/ .. ·1,zyj 1· I I · nm 1 ~· ~~· · -7Q.os• 70.i,,o ,c.~· m.o:r , _lO.:P,t. • I 8 ~·ifflc ao.co ' 1 I I 11~$,I', ' 7.s-tm1 I . • 5 I I l" -!u. l" _;SJ 2 , 1 I :i l; Ce!> :i ~ dii2I ' !:: .._ ~sr. :a tco~ sr. .., ·, iii ' jjg 9400:t :tr. lolll()s :a-. ~1~ -~ @ @ @ -T -·,~ ~;; ~,~ ; ;( a,; " "" •-~- ., ' ~ cY"T.(Tl'P) ,itl'Dltsa: -I lli:llt 4, 2ff. 2 u.sD«IIT 111 PC[ sa: I W../P/; SHEET 4 OF 4 @ NORTH ~SCALE 9 2f ~ f!# 1 INCH•40FT', BASIS OF' BEARINGS: ~ OCT'IIUN 111[ ~ ftMe, 1'I PUiC% AT T.11;: SOUTH NfD ltOftnt OIJ.AIITtll c,::IIVO$ Of SEC1lON 1'-1rS l'El't RU. l )I! i .-...,,--i ~-,.-"" J""'"""' 1" l"= :•o ,.,. -.-=·; ,I., S/ · ~Jr.::::s~c'=':i:::::':5'o;ii'::=l:.!-f(01f; .,_ SHT.,. 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W.M •• jj1 __ 1_~ ___ :!lWlt ~W_ _ I ir:r I u>: J =it ::,Tc= ----_j . Ill__ 111 -~-[c -= ·E= i r-r-i i -iE :;'.:111 i j,-i it I ' ' IJ~ ; !U ! m-l I I llj!~ -I I I I I ~~,,.,....,_ n F , , r-, I ·1 I, . · I~ ...,.,~-. ~I --, 1---• -I I II : I i..= '1, I I ~1 J-~-.. --~-r-1 ' :R H~ I ' I,_: -~--~· JI I ! 11 I /// l 1, ~ I ,~~ ~!:( · _ _J__ I --~ I I vnilf-! -I-' l I ' 'a···. I , I ~ ·-l ~-:-jjt-~;=, I I , , ~!~ -1 1 1 ~ ~ =~~:-~ r-'Ff I \ I \ 1 l · l7.11Wmmls11-1 1--·1-:0t<,±j~ I'' , • , "lf n ll~f=-1~ II City of Renton Planning Division JUN -7 ZOiJ ® ' !Rr ~©~ow~~..::H. =-.. -----_,,,, ____ , IN:><•INl'T. ~ .. ~ A!/ OOffSJ!i!iiifa CCNSi.i.'ilikiiiiiiHEERs ~· -·----~........ l In '11.<c x,I . -= ~ ... "' l!lfflffl)J ---------=- ......... ... =_.:;- ' ~. -IJI' lor.Ttl-t ; ---~-. @-"""'"I~ CITY.OF ~ RENTON 1-;.._r -~-- SAOO!.EE!RODK PREl.!MINAR'T' PLAT NEIGHBORHOOO DETAIL t.W' >ID0~83100'vS .. L'. z z I <[ l ' ; , .......... ________ _ PLAN REVIEW COMMENT-{LUA13-000704) --==::::----;:::::::.-;:- PLAN ADDRESS: 13426 156TH SE AVE RENTON, WA 98059 APPLICATION DATE: 06/04/2013 DESCRIPTION: The applicant is requesting Final Plat approval for a 14 lots and 1 storm drainage tract subdivision located in the Residential 4 net du/ac zone. The application includes two lots addressed 13430 & 13426156th Avenue SE with a land area of 189,683 square feet (4.35 acres). The lots range in size from 9,400 square feet to 11,737 square feet resulting in a net density of 3.86 dwelling units per acre. The site contains tvvo existing buildings to be removed. Access to the site would be via a new public road which 'NOUld connect 158th Avenue SE to 156th Avenue SE. New frontage improvements would be provided along 156th Ave SE, 158th Avenue SE, and the new Road A. There are no critical areas located on the site. Eight significant trees have been proposed to be retained of the 36 located on site. To prepare the site approximately 8,873 cubic yards of cut and 5,636 cubic yards of fill is proposed. The applicant submitted a stormwater report, geotechnical report, and a traffic study with the application. Planning Review Rocale Timmons Ph: 425-430-7219 email: rtimmons@rentonwa.gov Correction: Planning Comments Created On: 07/17/2013 Comments: 1. Condition of Approval 2. Of the Hearing Examiner's Decision requires that the Flow Control BMP reduction of 45 percent impervious surface restriction be placed on the face of the final plat. The applicant has identified a different percentage then originally identified during the preliminary plat review. The table shown on sheet 2 of 4 is not consistent with the requirements of condition of approval 2. Either the applicant shall update the table to reflect the required 45 percent limitation of impervious surface area or request a modification to the preliminary plat to amend condition 2 to allow the new proposed BMP standard to be recorded on the face of the plat. Technical Services 2. The applicant is required to install site landscaping, with some minor exceptions, prior to final plat recording. The Planning Department has not yet been contacted for a final inspection. The final plat shall not be recorded until which time the landscaping is installed, inspected and approved by the Planning Division. Please contact vanessa Dolbee 425-430-7314 for a landscape inspection. 3. The applicant has indicated that a tree required to be protected during construction was removed. In order to verify that the subdivision remains in compliance with the tree retention standards, an arbores report verifying the necessity to remove the protected tree, an updated tree retention work sheet. and a planting plan analysis is required for review and approval by the Planning Division prior to final plat approval. Bob MacOnie Ph: 425-430-7369 email: bmaconie@rentonwa.gov Correction: Technical Services Comments Created On: 07/24/2013 Comments: Note the City of Renton land use action number and land record number, LUA 13-000704 and LND-10-0493, 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. The lot addresses have been requested and will be provided when available. Note said addresses and the street name on the plat drawing. Remove the PROJECT DATA block on sheet 1 of 4. This data is not necessary on the final plat. Provide a space for the recording number of the Restrictive Covenants, Conditions & Restrictions document on the plat. Provide ties to the City's Survey Control Networks. This can be accomplished with a tie statement 'Nith an explicit reference to another survey that has at least two monuments in common with this plat that is itself tied to the network. The DECLARATION OF COVENANT block on sheet 2 of 4 Is unnecessary; plats are simultaneous conveyances. Condition Name: ERC Mitigation Measure Created On: 07/10/2013 Description: The applicant shall comply with the recommendations included in the Geotechnical Report, prepared by Earth Solutions NW LLC, dated June 28, 2012. The applicant shall pay a Fire Impact fee, as determined by the Renton Municipal Code at the time of payment. The fee shall be payable to the City as specified by the Renton Municipal Code either at the time of Final Plat Recording or building permit issuance. The applicant shall pay a Parks and Recreation Impact fee, as determined by the Renton Municipal Code at the time of payment. The fee shall be payable to the City as specified by the Renton Municipal Code either at the time of Final Plat Recording or building permit issuance. The applicant shall pay a Transportation Impact fee, as determined by the Renton Municipal Code at the time of payment. The fee shall be payable to the City as specified by the Renton Municipal Code either at the time of Final Plat Recording or building permit issuance. Condition Name: Hearing Examiner Condition Created On: 07/10/2013 Description: A final detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit issuance, including but not limited to a larger maturing tree along Road A and shrubs and ground cover located in the on -site landscape strips. August 13, 2013 All adjacent rights-of-way and new rights-of-way dedicated as part of the plat. including streets, roads, and alleys, shall be graded to their full 'Nidth and the pavement and sidewalks shall be constructed as specified in the street standards or deferred by the Planning/Building/Public Works Administrator or his/her designee. --=----------------·---- Page 1 of2 Reviewer Comments All lot corners at inters~:tions of dedicated public rights-of-way, except alleys, i;::.tiall have minimum radius of fifteen feet (15'). All proposed street n, shall be approved by the City. All utilities designed to serve the subdivision stiall 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. 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. Any cable TV conduits shall be undei-grounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit. pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The Applicant shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the Applicant and shall inspect the conduit and to the that it is installed. City staff shall investigate the site distance issues raised by Ms. High as summarized in her testimony in the Testimony section of this decision and, if any safety problems are discovered, shall condition the project as reasonably necessary to provide for safe site distance. Prior to demolition of the existing structures, the Applicant shall ensure rodents or other pests living with the structures are exterminated. Pursuant to the Flow Control BMP reduction; the proposed 45 percent impervious surface limitation shall be recorded on the face of the final plat. The Applicant shall comply with the fifteen conditions included in the stormwater adjustment granted by the City of Renton Surface Water Utility Supervisor dated October 31, 2012 (Exhibit 18). -·-----------··-·-------------------------------------- The Applicant shall comply with the four mitigation measures issued as part of the Determination of Non-Significance Mitigated, dated October 15, 2012. The Applicant shall install all street name signs necessary in the subdivision The Applicant shall provide an updated tree retention worksheet, tree retention plan and planting plan that meet the minimum retention and/or replacement requirements of RMC 4-4-130. The plan sets and worksheet shall be submitted to the Current Planning Project Manager for review and approval prior to construcUon permit issuance. The Applicant shall provide fully sight obscuring screening landscaping along the perimeter of Tract A. A landscaping plan shall be submitted for review and approval by the Current Planning Project Manager prior to Construction Permit issuance. Screening landscaping shall be required to be Installed and inspected prior to final plat recording. 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. Unless septic tanks are specifically approved by the Public Works Department and the King County Health Department, sanitary sewers shall be provided by the developer at no cost to the City and designed in accordance with City standards. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available, or provided with the subdivision development. Bob MacOnie Ph: 425-430-7369 email: bmaconie@rentonwa.gov Item Review Name: Technical Services Created On: 07/24/2013 Comments: Include addresses: Lot1: 6618 Lot 2: 6612 Lot 3: 6606 Lot 4: 6600 Lots: 6522 Lot 6: 6516 Lot 7: 6510 Lot 6: 6504 Lot 9: 6517 Lot 10: 6523 Lot 11: 6601 Lot 12: 6607 Lot 13: 6613 Lot 14: 6619 August 13, 2013 Page 2 of 2 •,· Deriis Law · . _MaY~r' · · · Department.of Community and Econo111ic Development .. ·:July.8,2013 . . .· ' ' . . . CE.'.'Chip"Vincent, Admfnistrator , . ,Justin Lagers ACH Homes, LLC . 9675 SE 36'h Street #ibs M_erc:N island, WA 93040 .· .. Subject: . . Notice of Complete Application . . . . . Saddlebrook Fi~al. Plat, LUAi3;000704, FP .. . . ' . ' ' . . Dear Mr. Lagers: . The Planning Di~ision oftheCity of Rehtcih has determined that the subj~ct application ,· ' .is co'rnplete iiccordingto suomittal requiremen'ts and, therefore, is accepted for review. . ' ' . . ~ . ' . . . ' ' ' . •• > ' You will .be notified if any additional information is reqUired 1:0 continue processing your application: ' ' .. ' ' . ' ... ,. . . Please contact me at.(425) 430°7299 if you have any questions .. . . . . . . , . -. . . . Sincerely, ' ' x~R~~. K~v\eWKittrieok .• ' .· : .•... ' .• ' Project Manager ·.Renton City Hall ~ 1055 Sol.Ith Grady.Way • Rento~, yvashil'l'gton,9~057 .• rentonwa.gov_ .'. I • City of Renton City of Rent LAND USE PERMIT Planning Divisio~" MASTER APPLICATION JUN -7 LUi.i u u,-n _,~111111,,..._,~ I PROPERTY OWNER(S) I I PROJECT INFORMATIONig/ I PROJECT OR DEVELOPMENT NAME: NAME: ACH Homes,LLC Saddlebrook ADDRESS: 9675 SE 36th Street, Suite 105 PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 13426 & 13430 156th Avenue SE Renton, Washington 98059 CITY: Mercer Island , Washington ZIP: 98040 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): TELEPHONE NUMBER: 206-588-114 7 366450-0260 & 366450-0261 I APPLICANT (if other than owner) I EXISTING LAND USE(S): NAME: Same Single Family Residential COMPANY (if applicable): PROPOSED LAND USE(S): Final Plat -Single Family Residential EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: Residential Single Family (RSF) PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: ZIP: (if applicable) NA EXISTING ZONING: TELEPHONE NUMBER: R4 I CONTACT PERSON I PROPOSED ZONING (if applicable): NA NAME: Justin Lagers SITE AREA (in square feet): 189,797 square feet SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): ACH Homes, LLC DEDICATED: 31,683 square feet SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: 9675 SE 36th Street, Suite 105 NA PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Mercer Island, Washington ZIP: 98040 ACRE (if applicable) 3.86 Dwelling Units/ Acre TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) 253-405-5587 -cell/ 206-588-1147 ext. 104-office 14 justin@americanclassichomes.com NUMBER OF NEW DWELLING UNITS (if applicable): 14 H:\CED\Data\Forms-Templates\Self-llclp Handouts\Planning\mastcrapp.doc -I -03/11 I I PROJECT INFORMATION {continued) ,;:..;::._:_:c..L=-=..:..:..cc.c.;;..:c..c:..::.:.1-______ --'----~ NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: $2,590,000.00 2 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): 2900 -3500 square feet 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): NA D AQUIFIER PROTECTION AREA ONE SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL D AQUIFIER PROTECTION AREA TWO BUILDINGS (if applicable): NA D FLOOD HAZARD AREA sq. ft. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NA D GEOLOGIC HAZARD sq. ft. NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if D HABITAT CONSERVATION sq. ft. applicable): NA D SHORELINE STREAMS & LAKES sq. ft. NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NA D WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY {Attach leaal descriotion on seoarate sheet with the followina information included) SITUATE IN THE Northeast QUARTER OF SECTION 14 , TOWNSHIP 23 , RANGE 5 , IN THE CITY ------OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Michael Gladstein , declare under penalty of pe~ury under the laws of the State of W hington that I am (please check e ../the current owner of the property involved in this application or __ the authorized rporation (please ch proof of authorization) and that the foregoing statements and answers herein erewith are in all re pects true and correct to the best of my knowledge and belief. s;u3Az,,, Date Signature of Owner/Representative ASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that l't tt:.H1'MU. 4',A,bS'7£; N signed this instrument and acknowledge it to o{ni\/her/their free and voluntary act for the uses and purpose mentioned in the instrumen't-' "'''"'"'"''' '11, ,, ~ )jl , ,~"'"''11 . 'f .:-,..51!-~,-;...\)' ,,,,, ~~ ': :§ /' ,..., ~ Co\ . ~ i: i..:a,'"' .' o io~ -~ <g i.,. ~ I 4"f• g '7 # Notary(Print): e~.G ,<, /f&z.o_,r;y' , Date ; OJ·f ;;; .. ~ ""J~i i. ~ G) .1i ,.. ... , § .,. .. = -~ :,,.0 ,,,, ,. ~., _.... ::t ,~,, ~ ,.,l"'~!tt,.,~o~§ , My appointment expires: -->~,<:._·_,(c....L7_·_,('--li'------------- ,, .~ ... ·,1//' ljlll "V""' ,,_,$" '"""""""' H:\CED\Data\Fonns-Templates\Self-Help Handouts\Planning\masterapp.doc -2 -03/11 I • -, D.R.STRONG CONSULTING ENGINEERS KIRKLAND WA 98033 LEGAL DESCRIPTION: DRS Project No. 12040 5/29/13 Lots 1 and 2, King County Short Plat No. 976093, recorded under Recording No. 7612010798, in King County, Washington. R: \2012\0\ I 2040\2\Documents\lega/s\J I 30528 _Site-Lega/-I 20./0.doc Density Worksheet 4 PLANNING DIVISION WAIVL . OF SUBMITTAL RE.QUI, ..:MENTS FOR LAND USE APPLICATIONS orair,iJ$e6oritro1 Plan 2.·.·.·.·.·.,·.·,· Drainage Report 2 City of Renton Planning Division This requirement may be waived by: 1. Property Services PROJECT NAME: _._7<...:odd:___b_:&voc..:..:._o_;_I:-_· ___ _ 2. Public Works Plan Review 3. Building 4. Planning DATE: __ M;__:.?'1;_ . .:..i-Vif_,_'74_1_'7 ___ _ H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\waiverofsubmittalreqs.xls 06/09 PLANNING DIVISION WAIVIER(i)F SUBMITTAL REQUIRnENTS FOR LAND USE APPLICATIONS Stream or Lake Study, Standard 4 strearn.orUike. study,.Supp1emen1a1:4.: :.::.:.:.1 .. : :.: :.:: :. :.: :. ·. Stream or Lake Mitigation Plan 4 Title Report or Plat Certificate • Wetlands ReporVDelineation 4 WlrelessJ}\ i// , r,,,H!\}H/tU::::: U:UU},.,,H} Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 Map of Existing $ite Conditions 2 AND 3 Map of View Area 2 AND 3 Photosimulations 2 AND 3 This requirement may be waived by: 1. Property Services 2. Public Works Plan Review PROJECT NAME: __ ?;-'--~A_d __ lc_!Mio __ k------,-__ 3. Building 4. Planning DATE: ___ Wltl_~-+--=-1/f....:....:....1 #~/3"'--- H:\CED\Data\Fomis-Templates\Self-Help Handouts\Planning\waiverofsubmlttalreqs.xrs 06/09 D.R. STRONG CONSULTING ENGINEERS May 28, 2013 City of Renton Planning Division 1055 South Grady Way Renton WA 98057 Re: Saddlebrook Final Plat To Final Plat Reviewer: Project No. 12040 City of Renton Planning Division JUN -7 iuJJ The following is provided in response to the City's Final Plat submittal requirement regarding "Confirmation of Compliance with all Conditions of Plat Approval". 1. The Applicant shall comply with the four mitigation measures issued as part of the Determination of Non-Significance Mitigated, dated October 15, 2012. The four mitigation measures are as follows: 1. The Applicant shall comply with the recommendation included in the Geotechnical Report prepared by Earth Solutions NW LLC, dated June 28, 2012. This condition has been met by the preparation and approval of the construction plans for the project and the implementation of sound construction practices throughout the development of the site. 2. The applicant shall pay a Parks and Recreation Impact fee, as determined by the Renton Municipal Code at the time of payment. The fee shall payable to the City as specified by the Renton Municipal Code either at the time of final plat recording or building permit issuance. This has been noted on the final plat 3. The applicant shall pay a Transportation Impact fee, as determined by the Renton Municipal Code at the time of payment. The fee shall be payable to the City as specified by the Renton Municipal Code either at the time of final plat recording or building permit issuance. This has been noted on the final plat 4. The applicant shall pay a fire Impact fee, as determined by the Renton Municipal Code at the time of payment. The fee shall be payable to the City as specified by the Renton Municipal Code either at the time of final plat recording or building permit issuance. This has been noted on the final plat Engineers Surveyors 10604 N.E. 381n Place Suite 232 Kirkland, WA 98033-3063 Phone: (425) 827-3063 Fax: (425) 827-2423 Toll Free: (800) 962-1402 www.drstrong.com Landscape Architects City of Renton May 28, 2013 Page 2 of 4 Hearing Examiner's Conditions of Approval continued: 2. Pursuant to the Flow Control BMP reduction; the proposed 45 percent impervious surface limitation shall be recorded on the face of the final plat. A restriction, limiting the maximum allowable impervious surface per lot has been included on the final plat. 3. A final detailed landscape plan shall be submitted to and approved by the Current Planning Project Manager prior to construction permit issuance, including but not limited to a larger maturing tree along Road A and shrubs and ground cover located in the on- site landscape strips. The required plans have been submitted and approved. 4. The Applicant shall provide an updated tree retention worksheet, tree retention plan and planting plan that meet the minimum retention and/or replacement requirements of RMC 4-4-130. The plan sets and worksheet shall be submitted to the Current Planning Project Manager for review and approval prior to construction permit issuance. The required plans have been submitted and approved. 5. The Applicant shall provide fully sight obscuring screening landscaping along the perimeter of Tract A. A landscaping plan shall be submitted for review and approval by the Current Planning Project Manager prior to Construction Permit issuance. Screening landscaping shall be required to be installed and inspected prior to final plat recording. The required plans have been submitted and approved. 6. The Applicant shall comply with the fifteen conditions included in the stormwater adjustment granted by the City of Renton Surface Water Utility Supervisor dated October 31, 2012 (Exhibit 19). This condition has been met by the preparation and approval of the construction plans for the project. 7. Prior to demolition of the existing structures, the Applicant shall ensure rodents or other pests living with the structures are exterminated. This condition has been met by action taken by the developer. 8. City staff shall investigate the site distance issues raised by Ms. High as summarized in her testimony in the Testimony section of this decision and, if any safety problems are discovered, shall condition the project as reasonably necessary to provide for safe site distance. This condition has been met by action taken by the city staff and the preparation and approval of the construction plans for the project. 9. All proposed street names shall be approved by the City. This condition shall be met by action taken by the city. City of Renton May 28, 2013 Page 3 of 4 10. All adjacent rights-of-way and new rights-of-way dedicated as part of the plat, including streets, roads, and alleys, shall be graded to their 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 his/her designee. This condition shall be met by the completion of construction of the street improvements, as shown on the approved engineering plans. 11. Unless septic tanks are specifically approved by the Public Works Department and the King County Health Department, sanitary sewers shall be provided by the developer at no cost to the City and designed in accordance with City standards. Side sewer lines shall be installed eight feet (B? into each lot if sanitary sewer mains are available, or provided with the subdivision development. This condition shall be met by the completion of construction of the sanitary sewer facilities, as shown on the approved utility plans. 12. All lot comers at intersections of dedicated public rights-of-way, except alleys, shall have minimum radius of fifteen feet (15?. The final plat has been prepared to provide at least the minimum required 15 foot radius. 13. 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. This condition shall be met by the completion of construction of the water facilities, as shown on the approved utility plans. 14.AII 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. 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. This condition shall be met by the completion of construction of the site utilities as shown on the approved utility plans. 15. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line by Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or alley improvements when such service connections are extended to serve any building. The cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to bring service to the development shall be borne by the developer and/or land owner. The Applicant shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to final ground elevation and capped. The cable TV company shall provide maps and specifications to the Applicant and shall inspect the conduit and certify to the City that it is properly installed. , City of Renton May 28, 2013 Page 4 of 4 This condition shall be met by the completion of construction of the site utilities as shown on the approved utility plans. 16. The Applicant shall install all street name signs necessary in the subdivision. This condition shall be met by action taken by the developer. I trust this will satisfy d City's Final Plat submittal requirement. Sincerel-t ours, !/_,,. D. . W7"1Uog Eog;oeera loo Stephen J. Schrei, PLS Survey Department Manager SJS/lib R:\2012\0\12040\2\Documents\Final Plat\130528_Renton-COA.Doc DENSITY WORKSHEET c·t 'Y of Rentc Planning Divisior JUN -7 2013 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. ___ 189, 797 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: _31,684 square feet ___ O square feet ___ O square feet 2. ___ 31,684 square feet 3. ___ 158, 113 square feet 4. _____ 3.6298 acres 5. ____ 14 units/lots 6. _3.86 = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. R:\2012\0\ 12040\2\Documcnts\Final Plat\dcnsity .doc -I -03/08 I . . Sec:retary of State I, KIM WY~AN, ~ecretary of State of the State of Washington and custoe!lity,fo\5Renton seal, hereby issue this Planning oi·v· . CERTIFICATE OF INCORPORATION JUN -7 ZOlJ to SADDLEBROOK HOMEOWNERS ASSOCIATION a/an WA Non-Profit Corporation. Charter documents are effective on the date indicated below. Date: 5/17/2013 UBI Number: 603-302-911 1s1on Given under my hand and the Seal of the Stale of Washington at Olympia, 1he State Capital ~~ Kim Wyman, Sccrelary of State L Date Issued: 5/20/2013 SADDLEBROOK FINAL PLAT MAP CHECKS DRS PROJECT NO. 12040 PREPARED BY SJS 1/24/13 D.R. STRONG CONSUL TING ENGINEERS 10604 NE 381 H PLACE, SUITE 232 KIRKLAND, WA. 98022 City of Renton Planning Division JUN -7 2013 LOT C/L 1 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 301 180828.789 1319243.764 s 87°09'52" E 634.29 10000 180797.411 1319877.281 s 00°03'55" w 1477.08 10001 179320.329 1319875.595 s 00°03'55" w 482.34 10002 178837.985 1319875.044 s 00°03'55" w 321. 57 10003 178516.414 1319874.677 s 00°03'55" w 351.59 10004 178164.824 1319874.276 N 87°55'20" w 653.45 10005 178188.515 1319221. 260 N 00°29'18" E 352.55 10006 178541.052 1319224.265 N 00°29'18" E 322.54 10007 178863.578 1319227.014 N 00°29'18" E 1965.28 301 180828.789 1319243.764 Closure Error Distance> 0.0097 Error Bearing> S 15°52'16'' E Closure Precision> 1 in 678085.1 Total Distance> 6560.70 LOT AREA: 1696278 SQ FT OR 38.9 ACRES Page 15 of 27 LOT BLOCK 2 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10008 180797.280 1319273.497 s 87°09'52" E 574.46 10009 180768.862 1319847.248 s 00°03'55" w 1929.69 10010 178839.170 1319845.046 s 00°03'55" w 321.62 10011 178517.550 1319844.678 s 00°03'55" w 321.62 10012 178195.930 1319844.311 N 87°55'20" w 593.19 10013 178217.437 1319251.508 N 00°29'18" E 322.49 10014 178539.916 1319254.256 N 00°29'18" E 322.49 10015 178862.394 1319257.005 N 00°29'18" E 1934.96 10008 180797.280 1319273.497 Closure Error Distance> 0.0153 Error Bearing> S 65°10'30" w Closure Precision> 1 in 412434.2 Total Distance> 6320.52 LOT AREA: 1503060 SQ FT OR 34.5 ACRES Page 16 of 27 LOT BLOCK 2-A OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10002 178837.985 1319875.044 s 00°03' 55" w 321.57 10003 178516.414 1319874.677 N 87°49' 50" w 30.02 10011 178517.550 1319844.678 N 87°49'50" w 590.85 10014 178539.916 1319254.256 N 87°49'50" w 30.01 10006 178541.052 1319224.265 N 00°29'18" E 322.54 10007 178863.578 1319227.014 s 87°44'18" E 30.01 10015 178862.394 1319257.005 s 87°44'18" E 588.50 10010 178839.170 1319845.046 s 87°44'18" E 30.02 10002 178837.985 1319875.044 Closure Error Distance> 0.0075 Error Bearing> S 54°10'35'' E Closure Precision> 1 in 260219.0 Total Distance> 1943.52 LOT AREA: 209120 SQ FT OR 4.8 ACRES Page 17 of 27 LOT BOUNDARY PNT# Bearing 10015 OF BLOCK 1, TYPE: LOT Distance Northing 178862.394 10010 10011 10014 10015 S 87°44'18" E s 00°03'55" w N 87°49'50" W N 00°29'18" E 588.50 321. 62 590.85 322.49 178839.170 178517.550 178539.916 178862.394 Easting 1319257.005 1319845.046 1319844.678 1319254.256 1319257.005 Closure Error Distance> 0.0030 Error Bearing> S 71°45'19" E Closure Precision> 1 in 617696.3 Total Distance> 1823.45 LOT AREA: 189797 SQ FT OR 4.4 ACRES Page 18 of 27 LOT CL-2 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10056 178702.815 1319225.644 s 87°44'18" E 649.72 10057 178677.175 1319874.861 N 00°03'55" E 160.81 10002 178837.985 1319875.044 N 87°44'18" w 30.02 10010 178839.170 1319845.046 N 87°44'18" w 588.50 10015 178862.394 1319257.005 N 87°44'18" w 30.01 10007 178863.578 1319227.014 s 00°29'18" w 160.77 10056 178702.815 1319225.644 Closure Error Distance> 0.0024 Error Bearing> N 59°10'50'' w Closure Precision> 1 in 676701.1 Total Distance> 1619.84 LOT AREA: 104310 SQ FT OR 2. 4 ACRES BLOCK 1 TOTAL AREA: 3860678 SQ FT. OR 88.6 ACRES Page 20 of 27 LEJt Report Lot File: R:\2012\0\12040\2\Carlson\mapchecks.lot CRD File: R:\2012\0\12040\2\Carlson\12040.crd LOT ROW-OED PNT# Bearing 10053 OF BLOCK 1, TYPE: LOT Distance Northing 178652.410 10052 10050 10048 10046 10045 10021 N 87°44'18" W N 87°44'18" W N 87°44'18" W N 87°44'18" W N 87°44'18" W N 87°44'18" W N 87°44'18" W 65.62 70.05 70.05 70.05 70.05 70.05 136.89 178655.000 178657.764 178660.529 178663.293 178666.058 178668.822 Easting 1319830.407 1319764.835 1319694.838 1319624.841 1319554.845 1319484.848 1319414.851 10020 178674.224 1319278.067 Thu Jan 24 13:27:38 2C Radius: 21.50 Length: 34.44 Chord: 30.87 Delta: 91°46'24" Chord BRG: S 46°22'30'' W Rad-In: S 02°15'42'' W Rad-Out: S 89°30'42" E Radius Pt: 10019 178652.741,1319277.219 Tangent: 22.18 Dir: Left Tangent-In: N 87°44'18'' W Tangent-Out: S 00°29'18" W Tangential-In Tangential-Out 10018 178652.924 1319255.720 10017 10014 10015 10042 s 00°29'18" w 113.03 N 87°49'50'' W 0.50 N 00°29'18" E 322.49 S 87°44'18'' E 0.50 s 00°29'18" w 113.41 178539.897 178539.916 178862.394 178862.374 1319254.756 1319254.256 1319257.005 1319257.505 10041 178748.967 1319256.538 Radius: 21.50 Length: 33.11 Chord: 29.93 Delta: 88°13'36'' Chord BRG: S 43°37'30'' E Rad-In: S 89°30'42'' E Rad-Out: N 02°15'42" E Radius Pt: 10040 178748.783,1319278.038 Tangent: 20.84 Dir: Left Tangent-In: S 00°29'18'' W Tangent-Out: S 87°44'18'' E Tangential-In Tangential-Out 10039 178727.300 1319277.189 10037 10035 10033 10031 10029 10027 S 87°44'18" E S 87°44'18" E S 87°44'18" E S 87°44'18" E S 87°44'18" E S 87°44'18" E 67.78 70.05 70.05 70.05 70.05 70.05 178724.625 178721. 861 178719.097 178716.332 178713.568 178710.803 Page 1 of 2 1319344.914 1319414.911 1319484.908 1319554.905 1319624.902 1319694.899 S 87°44'18'' E 7 ,5 10025 178708.039 131976~.896 S 87°44'18'' E 64.47 10024 178705.495 1319829.318 Radius: 15.00 Length: 24.14 Chord: 21.62 Delta: 92°11'47'' Chord BRG: N 46°09'49'' E Rad-In: N 02°15'42" E Rad-Out: N 89°56'05'' W Radius Pt: 10023 178720.483,1319829.910 Tangent: 15.59 Dir: Left Tangent-In: S 87"44'18'' E Tangent-Out: N 00°03'55'' E Tangential-In Non Tangential-Out 10022 178720.466 1319844.910 10059 S 00°03'55'' W S 00°03'55'' W 42.11 40.96 178678.360 1319844.862 10055 178637.405 1319844.815 Radius: 15.00 Length: 22.99 Chord: 20.80 Delta: 87°48'13'' Chord BRG: N 43°50'11'' W Rad-In: N 89°56'05'' W Rad-Out: S 02°15'42'' W Radius Pt: 10054 178637.422,1319829.815 Tangent: 14.44 Dir: Left Tangent-In: N 00°03'55'' E Tangent-Out: N 87°44'18'' W Non Tangential-In 10053 178652.410 1319830.407 Closure Error Distance> 0.0072 Error Bearing> N 72°06'09'' W Closure Precision> 1 in 258181.1 Total Distance> 1852.99 LOT AREA: 31684 SQ FT OR 0.7 ACRES BLOCK 1 TOTAL AREA: 31684 SQ FT OR 0.7 ACRES Page 2 of 2 Lot Report Lot File: R:\2012\0\12040\2\Carlson\mapchecks.lot CRD File: R:\2012\0\12040\2\Carlson\12040.crd LOT 1 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10022 178720.466 1319844.910 Thu Jan 24 13:02:24 2C Radius: 15.00 Length: 24.14 Chord: 21.62 Delta: 92°11'47" Chord BRG: S 46°09'49'' W Rad-In: N 89°56'05'' W Rad-Out: N 02°15'42'' E Radius Pt: 10023 178720.483,1319829.910 Tangent: 15.59 Dir: Right Tangent-In: S 00°03'55'' W Tangent-Out: N 87°44'18'' W Tangential-Out 10024 178705.495 1319829.318 N 87°44'18" w 64.47 10025 178708.039 1319764.896 N 00°03'55" E 134.29 10026 178842.329 1319765.049 s 87°44'18" E 80.06 10010 178839.170 1319845.046 s 00°03'55" w 118.70 10022 178720.466 1319844.910 Closure Error Distance> 0.0010 Error Bearing> S 43°05'34'' W Closure Precision> 1 in 430975.2 Total Distance> 421.66 LOT AREA: 10690 SQ FT OR 0.2 ACRES Page 1 of 2 LOT 2 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10025 178708.039 1319764.896 N 87°44'18" w 70.05 10027 178710.803 1319694.899 N 00°03'55" E 134.29 10028 178845.094 1319695.052 s 87°44'18" E 70.05 10026 178842.329 1319765.049 s 00°03'55" w 134.29 10025 178708.039 1319764.896 Closure Error Distance> 0.0000 Total Distance> 408.68 LOT AREA: 9400 SQ FT OR 0.2 ACRES Page 2 of 27 LOT 3 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10027 178710.803 1319694.899 N 87°44'18" w 70.05 10029 178713.568 1319624.902 N 00°03'55" E 134.29 10030 178847.858 1319625.055 s 87°44'18" E 70.05 10028 178845.094 1319695.052 s 00°03'55" w 134.29 10027 178710.803 1319694.899 Closure Error Distance> 0.0000 Total Distance> 408.68 LOT AREA: 9400 SQ FT OR 0.2 ACRES Page 3 of 27 LOT 4 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10029 178713.568 1319624.902 N 87°44'18" w 70.05 10031 178716.332 1319554.905 N 00°03'55" E 134.29 10032 178850.623 1319555.058 s 87°44'18" E 70.05 10030 178847.858 1319625.055 s 00°03'55" w 134.29 10029 178713.568 1319624.902 Closure Error Distance> 0.0000 Total Distance> 408.68 LOT AREA: 9400 SQ FT OR 0.2 ACRES Page 4 of 27 LOT 5 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10031 178716.332 1319554.905 N 87°44'18" w 70.05 10033 178719.097 1319484.908 N 00°03'55" E 134.29 10034 178853.387 1319485.062 s 87°44'18" E 70.05 10032 178850.623 1319555.058 s 00°03'55" w 134.29 10031 178716.332 1319554.905 Closure Error Distance> 0.0000 Total Distance> 408.68 LOT AREA: 9400 SQ FT OR 0.2 ACRES Page 5 of 27 LOT 6 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10033 178719.097 1319484.908 N 87°44'18" w 70.05 10035 178721. 861 1319414.911 N 00°03'55" E 134.29 10036 178856.151 1319415.065 s 87°44'18" E 70.05 10034 178853.387 1319485.062 s 00°03'55" w 134.29 10033 178719.097 1319484.908 Closure Error Distance> 0.0000 Total Distance> 408.68 LOT AREA: 9400 SQ FT OR 0.2 ACRES Page 6 of 27 LOT 7 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10035 178721.861 1319414.911 N 87°44'18" w 70.05 10037 178724.625 1319344.914 N 00°03'55" E 134.29 10038 178858.916 1319345.068 s 87°44'18" E 70.05 10036 178856.151 1319415.065 s 00°03'55" w 134.29 10035 178721. 861 1319414.911 Closure Error Distance> 0.0000 Total Distance> 408.68 LOT AREA: 9400 SQ FT OR 0.2 ACRES Page 7 of 27 L0t Report Lot File: R:\2012\0\12040\2\Carlson\mapchecks.lot CRD File: R:\2012\0\12040\2\Carlson\12040.crd LOT 8 PNT# Bearing 10037 OF BLOCK 1, TYPE: LOT Distance Northing 178724.625 N 87°44'18" W 67.78 Easting 1319344.914 10039 178727.300 1319277.189 Thu Jan 24 15:00:40 2( Radius: 21.50 Length: 33.11 Chord: 29.93 Delta: 88°13'36'' Chord BRG: N 43°37'30" W Rad-In: N 02°15'42'' E Rad-Out: S 89°30'42'' E Radius Pt: 10040 178748.783,1319278.038 Tangent: 20.84 Dir: Right Tangent-In: N 87°44'18'' W Tangent-Out: N 00°29'18" E Tangential-In Tangential-Out 10041 178748.967 1319256.538 N 00°29'18" 10042 s 87°44'18" 10038 s 00°03'55" 10037 E 113.41 E 87.64 w 134.29 178862.374 178858.916 178724.625 1319257.505 1319345.068 1319344.914 Closure Error Distance> 0.0025 Error Bearing> .N 40°32'54" E Closure Precision> 1 in 172424.8 Total Distance> 436.22 LOT AREA: 11734 SQ FT OR 0.3 ACRES Page 1 of 2 LOT 9 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10044 178531.187 1319484.694 N 87°49'50" w 70.05 10016 178533.838 1319414.697 N 00°03'55" E 134.98 10021 178668.822 1319414.851 s 87°44'18" E 70.05 10045 178666.058 1319484.848 s 00°03'55" w 134.87 10044 178531.187 1319484.694 Closure Error Distance> 0.0050 Error Bearing> N 57°47'27" E Closure Precision> 1 in 81932.8 Total Distance> 409.95 LOT AREA: 9445 SQ FT OR 0.2 ACRES Page 9 of 27 • • LOT 10 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10043 178528.535 1319554.691 N 87°49'50" w 70.05 10044 178531.187 1319484.694 N 00°03'55" E 134.87 10045 178666.058 1319484.848 s 87°44'18" E 70.05 10046 178663.293 1319554.845 s 00°03'55" w 134.76 10043 178528.535 1319554.691 Closure Error Distance> 0.0050 Error Bearing> N 57°47'27" E Closure Precision> 1 in 81887.6 Total Distance> 409.73 LOT AREA: 9437 SQ FT OR 0.2 ACRES Page 10 of 27 LOT 11 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10047 178525.883 1319624.688 N 87°49'50" w 70.05 10043 178528.535 1319554.691 N 00°03'55" E 134.76 10046 178663.293 1319554.845 s 87°44'18" E 70.05 10048 178660.529 1319624.841 s 00°03'55" w 134.65 10047 178525.883 1319624.688 Closure Error Distance> 0.0050 Error Bearing> N 57°47'27" E Closure Precision> 1 in 81842.5 Total Distance> 409.50 LOT AREA: 9429 SQ FT OR 0.2 ACRES Page 11 of 27 LOT 12 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10049 178523.232 1319694.685 N 87°49'50" w 70.05 10047 178525.883 1319624.688 N 00°03'55" E 134.65 10048 178660.529 1319624.841 s 87°44'18" E 70.05 10050 178657.764 1319694.838 s 00°03'55" w 134.53 10049 178523.232 1319694.685 Closure Error Distance> 0.0085 Error Bearing> s 29°55'55" E Closure Precision> 1 in 48368.3 Total Distance> 409.28 LOT AREA: 9421 SQ FT OR 0.2 ACRES Page 12 of 27 LOT 13 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting 10051 178520.580 1319764.682 N 87°49'50" w 70.05 10049 178523.232 1319694.685 N 00°03'55" E 134.53 10050 178657.764 1319694.838 s 87°44'18" E 70.05 10052 178655.000 1319764.835 s 00°03'55" w 134.42 10051 178520.580 1319764.682 Closure Error Distance> 0.0050 Error Bearing> N 57°47'27" E Closure Precision> 1 in 81752.2 Total Distance> 409.05 LOT AREA: 9413 SQ FT OR 0.2 ACRES Page 13 of 27 Lot Report Lot File: R:\2012\0\12040\2\Carlson\mapchecks.lot CRD File: R:\2012\0\12040\2\Carlson\12040.crd LOT 14 OF PNT# Bearing 10011 N 87°49'50" w 10051 N 00°03'55" E 10052 s 87°44'18" E 10053 BLOCK 1, TYPE: Distance 80.05 134.42 65.62 LOT Northing 178517.550 178520.580 178655.000 178652.410 Easting 1319844.678 1319764.682 1319764.835 1319830.407 Thu Jan 24 13:42:15 2( Radius: 15.00 Length: 22.99 Chord: 20.80 Delta: 87°48'13'' Chord BRG: S 43°50'11'' E Rad-In: S 02°15'42" W Rad-Out: N 89°56'05'' W Radius Pt: 10054 178637.422,1319829.815 Tangent: 14.44 Dir: Right Tangent-In: S 87°44'18'' E Tangent-Out: S 00°03'55'' W Tangential-In Tangential-Out 10055 178637.405 1319844.815 s 00°03'55" w 119.85 10011 178517.550 1319844.678 Closure Error Distance> 0.0073 Error Bearing> S 08°07'01'' E Closure Precision> 1 in 57922.5 Total Distance> 422.94 LOT AREA: 10704 SQ FT OR 0.2 ACRES Page 1 of 2 LOT TRACT A PNT# Bearing 10016 OF BLOCK 1, TYPE: LOT Distance Northing 178533.838 10017 N 87°49'50" W N 00°29'18" E 160.06 113.03 178539.897 Easting 1319414.697 1319254.756 10018 178652.924 1319255.720 Radius: 21.50 Length: 34.44 Chord: 30.87 Delta: 91°46'24'' Chord BRG: N 46°22'30" E Rad-In: S 89°30'42'' E Rad-Out: S 02°15'42" W Radius Pt: 10019 178652.741,1319277.219 Tangent: 22.18 Dir: Right Tangent-In: N 00°29'18'' E Tangent-Out: S 87°44'18'' E Tangential-In Tangential-Out 10020 178674.224 1319278.067 10021 10016 S 87°44'18" E s 00°03'55" w 136.89 134.98 178668.822 178533.838 1319414.851 1319414.697 Closure Error Distance> 0.0066 Error Bearing> S 79°19'21'' E Closure Precision> 1 in 88206.0 Total Distance> 579.40 LOT AREA: 21437 SQ FT OR 0.5 ACRES Page 19 of 27 After Recording, return to: ACH Homes, LLC 9675 SE 36 1h Street, Suite 105 Mercer Island, WA 98040 DECLARATION OF City of Renton Planning Division JUN -7 iU1J COVENANTS, CONDITIONS, AND RESTRICTIONS OF SADDLEBROOK HOMEOWNERS ASSOCIATION Page 1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SADDLE BROOK THIS DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR SADDLEBROOK ("Declaration") is made on the date hereinafter set forth by ACH Homes, LLC, a Washington Limited Liability Company ("Declarant"), who is the owner of certain land situated in the State of Washington, County of King, known as Saddlebrook (hereinafter referred to as "Saddlebrook"), which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. In order to ensure preservation of the residential environment at Saddlebrook, Declarant agrees and covenants that all land and improvements now existing or hereafter constructed thereon shall be held, sold, conveyed subject to, and burdened by the following covenants, conditions, restrictions, reservations, limitations, liens and easements, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of such lands for the benefit of all of such lands and the owners thereof and their heirs, successors, grantees and assigns. All provisions of this Declaration shall be binding upon all parties thereof and shall inure to the benefit of each owner thereof and to the benefit of the Saddlebrook Homeowners Association and shall otherwise in all respects be regarded as covenants running with the land. ARTICLE I DEFINITIONS For the purposes of the Declaration and the Articles of Incorporation and the Bylaws of Saddlebrook Homeowners Association, certain words and phrases shall have particular meanings as follows: Section 1. "Association" shall mean and refer to SADDLEBROOK HOMEOWNERS ASSOCIATION, its successors and assigns. Section 2. "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article X. For purposes of exercising the powers and duties assigned in this Declaration to the Board, this term shall also mean the Initial Board of Declarant, as provided in Article II, unless the language or context clearly indicates otherwise. Section 3. "Properties" subject to this Declaration shall mean and refer to the real property described with particularity in Exhibit "A" and such Other Parcels which may hereafter be brought within the jurisdiction of the Association. Page 2 Section 4. "Owner" or "Lot Owner" shall mean and refer to record owner (whether one or more persons or entities) of a fee interest in any Lot, including the Declarant, but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. Section 5. "Common Areas" and "Common Maintenance Areas". Common Areas shall mean and refer to any of the real property (including the improvements thereon) owned by the Association for the common use and enjoyment of the members of the Association. Common Maintenance Areas shall mean those portions of all real property (including the improvements thereon) maintained by the Association for the benefit of the members of the Association. Section 6. "Lot" shall mean and refer to any plot of land, excluding tracts, as shown upon any recorded subdivision map of the Properties. Lot shall include the Residence located thereon. Section 7. "Declarant" shall mean ACH Homes, LLC, a Washington limited liability company and any of its successors and assigns who identifies itself as a successor Declarant in a recorded instrument and who assumes all the obligations of ACH Homes, LLC as Declarant under the agreement. Section 8. "Architectural Control Committee" shall refer to the duly appointed or elected committee by the Board of Directors as outlined in Article XI of this Declaration, hereinafter referred to as the "Committee". Section 9. "Development Period" shall mean and refer to that period of time defined in Article II of this Declaration. Section 10. "Plat" shall mean and refer to the Plat of Saddlebrook as recorded on 20_ in the records of King County, State of Washington, under Recording No. ________ _ Section 11. "Residence" shall mean and be limited to single family residences only occupying any Lot. Section 12. "Other Parcels" shall mean those parcels of land which may be added to the Properties. Section 13. "Subdivision" shall refer to the real property included within any Plat as defined herein. Page 3 ARTICLE II DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT Section 1. Management by Declarant. "Development Period" shall mean that period of time from the date of recording the Declaration until (i) a date twenty (20) years from the date of recording this Declaration; or (ii) sixty (60) days after 75% of the Lots subject to this Declaration have had single family Residences constructed thereon and have been occupied as Residences; or (iii) the date on which Declarant elects to permanently relinquish all of Declarant's authority under this Article II by written notice to all Owners, whichever date first occurs. Until termination of the Development Period, the Property shall be managed and the Association organized at the sole discretion of the Declarant. Section 2. Initial Board. Declarant may, in its sole discretion, and at such times as the Declarant deems appropriate, appoint three persons who may be Owners, or are representatives of corporate entities or other entities which are Owners, as an Initial Board. This Initial Board shall have full authority and all rights, responsibilities, privileges and duties to manage the Properties under this Declaration and shall be subject to all provisions of this Declaration, the Articles and the Bylaws, provided that after selecting the Initial Board, the Declarant, in the exercise of its sole discretion, may at any time terminate the Initial Board and reassume its management authority under Article II or select a new Board under this section of Article II. Section 3. Notice to Owners. Not less than fourteen (14) nor more than sixty (60) days prior to the termination of the Development Period, the Declarant shall send written notice of the termination of the Development Period to the Owner of each Lot. Said notice · shall specify the date when the Development Period will terminate and shall further notify the Owners of the date, place and time when a meeting of the Association will be held. The notice shall specify that the purpose of the Association meeting is to elect new Officers and Directors of the Association. Notwithstanding any provision of the Articles or Bylaws of the Association to the contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the Owners of three (3) Lots shall constitute a quorum. The term "proxy" is defined as "the authority or power to act for another, in person, or by document giving such authority". In other words, an Owner may designate another individual to act on their behalf. The Board of Directors and Officers of the Association may be elected by a majority vote of said quorum. If a quorum shall not be present, the Development Period shall nevertheless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Owners to provide for the operation of the Association. Section 4. Management of Properties During Development Period. Declarant, or a managing agent selected by the Declarant, and/or the Initial Board, shall have the power and authority to exercise all the rights, duties and functions of the Board of Directors and generally exercise all powers necessary to carry out the provisions of this Declaration. Page4 Section 5. Purpose of Development Period. These requirements and covenants are made to ensure that the Properties shall be adequately administered in the initial stages of development and to ensure an orderly transition to Association operations. Each Owner accepts this management authority in Declarant. Section 6. Expenditures During Development Period. During the Development Period, Declarant, or any agent of Declarant, shall have the sole discretion to use and consume all or so much of the dues paid in as in Declarant's judgment is necessary or expedient in maintaining the Common Maintenance Areas and carrying out the other functions of the Association. This includes, but is not limited to, any legal fees associated with Declarant, or any agent of Declarant carrying out any duties during the Development Period, including all costs associated with turning over the Association after the expiration of said Development Period. Upon termination of the Development Period, Declarant shall deliver any funds remaining to the Association. ARTICLE Ill EASEMENTS, RESTRICTIONS, COVENANTS Section 1. Easements for Utilities. As shown on the Plat, an easement is hereby reserved and granted to the City of Renton, Puget Sound Energy, Century Link, Comcast, and King County Water District 90, and their respective successors and assigns, under and upon the exterior ten (10) feet of all Lots and Tracts, parallel with and adjoining the existing or proposed public right of way, in which to install, lay, construct, renew, operate, and maintain underground distribution systems with necessary facilities, sidewalks, and other equipment for the purpose of serving this Subdivision and other property with utility services and sidewalks, together with the right to enter upon the Lots and Tracts at all times for the purposes herein stated. No lines or wires for the transmission of electric current or for telephone use, cable television, fire or police signal or for other purposes, shall be placed or permitted to be placed upon any Lot unless the same shall be underground or in a conduit attached to a building. Section 2. Private Storm Drainage Easements. The owners of the Land hereby subdivided grant and convey to the Owner(s) of the benefited Lots or any other private entity as stated in the Easement Notes on the Plat, and their successors and assigns, a perpetual easement for the stated utilities. These easements and conditions shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of the Owner(s) of the land burdened. The Owner(s) of the Lots benefited, and their successors and assigns, shall have the right without prior institution of any suit or proceedings of law, at such times as may be necessary, to enter upon said easement for the purpose of constructing, maintaining, repairing, altering, or reconstructing said utility or making any connections thereto without incurring any legal obligation or liability therefore; provided that such shall be accomplished in a manner that if existing private improvements are disturbed or destroyed they will be repaired or replaced to a condition similar as they were immediately before the property was entered upon by the one benefited. The Owner(s) of the burdened Lot shall retain the right to use the surface of said easement if such use does not interfere with the installation or use of said utilities. However, the Owner(s) of the burdened Lot shall not erect or maintain any buildings or structures within the easement. Page 5 ) Also, the Owner(s) of the burdened Lot shall not plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with said utilities and/or uses facilities. Also, the Owner(s) of the burdened Lot shall not develop or beautify the easement areas in such a way as to cause excessive cost to the Owner(s) of the Lot benefited pursuant to its restoration duties herein. Section 3. Private Storm Drainage Access Easement. The Owner(s) of private property encumbered with private drainage easements grant and convey to the City of Renton, a municipal corporation, the right but not the obligation to convey or store storm and surface water per the engineering plans approved for the Plat by the City of Renton, together with the right of reasonable access (ingress and egress) to enter said drainage easement for the purpose of observing that the Owner(s) are properly operating and maintaining the drainage facilities contained therein. The Owner(s) of the private property are responsible for operating, maintaining, and repairing the drainage facilities contained within said drainage easement and are required to obtain any required permits from the City of Renton or its successor agency, prior to filling, piping, cutting or removing vegetation (except for routine landscape maintenance, such as lawn moving in open vegetated drainage facilities (such as swales, channels, ditches, ponds, etc.) or performing any alterations or modifications to the drainage facilities contained within said drainage easement. This covenant shall run with the land and is binding upon the Owner(s) of said private property, their heirs, successors and assigns. The City of Renton shall have the right to enter the private drainage easements shown on the Plat to repair any deficiencies of the drainage facility in the event the Owner(s) is/are negligent in the maintenance of the drainage facilities. These repairs shall be at the Owner( s) cost. Section 4. Declaration of Impervious Area Restriction Covenant. The Lots in the Plat contain a stormwater management flow control BMP (Best Management Practice) known as "Restricted Footprint", the practice of restricting the amount of impervious surface that may be added to a property so as to minimize the stormwater runoff impacts caused by impervious surface. The total impervious surface allowed for each Lot may not exceed the area shown in the table on the Plat without written approval either from the City of Renton or through a future development permit from the City of Renton. Section 5. Miscellaneous Easements and Restrictions. The following restrictions and easements are shown on the Plat: (i) Street trees within the public right-of-way shall be owned and maintained by the Saddlebrook Homeowners Association; (ii) Trees on individual Lots shall be maintained by the Owner of the Lot on which the tree is located; (iv) The 10 (ten) foot private storm drainage easement on Lots 1 and 2 is for the benefit of Lots 2 and 3 for private storm drainage facilities. The Owners of Lots 1, 2 and 3 are responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement; Page 6 (v) The 10 (ten) foot private storm drainage easement on Lot 4 is for the benefit of Lot 5 for private storm drainage facilities. The Owners of Lots 4 and 5 are responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement; (vi) The 10 (ten) foot private storm drainage easement on Lots 7 and 8 is for the benefit of Lots 6 and 7 for private storm drainage facilities. The Owners of Lots 6, 7 and 8 are responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement; (vii) The 10 (ten) foot private storm drainage easement on Lots 10 and 11 is for the benefit of Lots 9 and 1 O for private storm drainage facilities. The Owners of Lots 9, 10 and 11 are responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement; (viii) The 1 O (ten) foot private storm drainage easement on Lots 13 and 14 is for the benefit of Lots 12 and 13 for private storm drainage facilities. The Owners of Lots 12, 13 and 14 are responsible for the maintenance of their respective private drainage facilities and shall share equally in the maintenance responsibilities of the private drainage facilities used in common within said easement; (ix) The 4 (four) foot landscape easement on Lots 6, 7 and 8 is granted and conveyed to the Saddlebrook Homeowners Association for landscaping. The Homeowners Association is responsible for the maintenance of the landscaping within said easement; (x) The 10 (ten) foot landscape easement on Lots 1, 8 and 14 is granted and conveyed to the Saddlebrook Homeowners Association for landscaping. The Homeowners Association is responsible for the maintenance of the landscaping within said easement; (xi) The entry monument easement on Tract A is granted and conveyed to the Saddlebrook Homeowners Association for entry monument facilities. The Homeowners Association is responsible for the maintenance of the entry monument facilities within said easement; (xii) An easement is granted and conveyed to the Saddlebrook Homeowners Association over and upon Tract A for the purposes of maintaining the landscaping in Tract A. Section 6. Access Easements. The Association and its agents shall have an easement for access to each Lot and Tract and to the exterior of any building located thereon during reasonable hours as may be necessary for the purposes stated below. Owners hereby grant to the Association, the Board, and the Declarant, and their individual agents, an express access easement for purposes of going upon the Lots and Tracts of Owners for the following purposes: Page 7 (i) The maintenance, repair, replacement, or improvement of any Common Maintenance Areas accessible from that Lot; (ii) Emergency repairs necessary to prevent damage to the Common Maintenance Areas or to another Lot or the improvements thereon; (iii) Cleaning, maintenance, repair, or restoration work which the Owner is required to do but has failed or refused to do; and (iv) The removal of Vehicles, goods, equipment, devices or other objects which are parked or stored in violation of the terms of this Declaration. Except in an emergency where advanced notice is not possible, these easements shall be exercised only after reasonable notice to the Owner. ARTICLE IV COMMON AREAS AND COMMON MAINTENANCE AREAS Section 1. Conveyance of Common Areas. All Common Areas shall be owned and maintained by the Association. Section 2. Common Maintenance Areas. Common Maintenance Areas shall include those portions of all real property (including improvements thereon) maintained by the Association for the benefits of the members of the Association. The areas to be maintained by the Association are: the landscaping and fencing in Tract A; street trees within the public right-of-way; planter strips within the public right-of-way; entry monument facilities; landscaping in the four foot landscape easement on Lots 6, 7 and 8; landscaping in the ten foot landscape easement on Lots 1, 8 and 14; irrigation related to the above- referenced landscaping, and the mailbox stands located throughout the Properties. The Association shall have the right and the obligation to maintain the Common Maintenance Areas and shall pay the actual cost of the same from annual or special assessments as appropriate. Section 3. Alteration of the Common Areas and Common Maintenance Areas. Nothing shall be altered, or constructed in, or removed from the Common Areas or Common Maintenance Areas except upon prior written consent of the Association. Section 4. Dumping in Common Areas and Common Maintenance Areas. No trash, plant or grass clippings or other debris of any kind shall be dumped, deposited or placed on or within the Common Areas or Common Maintenance Areas. Page 8 ARTICLEV TRACTS Section 1. Storm Drainage Tract. Tract A is a storm drainage tract and is conveyed to the City of Renton for ownership and maintenance purposes. The City of Renton shall be responsible for the maintenance of the public storm drainage facilities within the Tract. As easement is granted to the Saddlebrook Homeowners Association for maintenance of the landscaping with the Tract. ARTICLE VI MAINTENANCE OF THE COMMON MAINTENANCE AREAS AND SITES; DELEGATION OF MANAGEMENT Section 1. Responsibility for Maintaining Common Maintenance Areas. The Association is responsible for maintaining and preserving the character and function of areas designated on the face of the Plat and these covenants as Common Maintenance Areas. Common Maintenance Areas have been set aside for landscaping and community identification purposes and those areas are referred to in Article IV, Section 2 above. Section 2. Repair of Common Maintenance Areas. Any damage to Common Maintenance Areas or improvements thereon, including landscape plantings, sprinkler systems, fences, berms, etc., by the Owners or their children or guests shall be repaired by the Association and the Owner who caused the area to be damaged shall be responsible for reimbursing the Association all costs incurred by the Association for the repairs. The Owner shall be obliged to immediately remit funds for the repair to the Association. If the Owner fails to promptly make payment for such repairs, the Owner shall be charged interest at the rate of twelve (12%) percent per annum. Section 3. Management. Each Owner expressly covenants that the Board and the Declarant, during the Development Period, may delegate all or any portion of their management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for maintenance and the operation of Common Maintenance Areas and any portion thereof. Any management agreement or employment agreement for the maintenance or management of the Common Maintenance Areas or any portion thereof shall be terminable by the Association without cause .upon thirty (30) days' written notice thereof; the term of any such agreement shall not exceed three (3) years, renewable by agreement of the parties for successive three (3) year periods. Each Owner is bound to observe the terms and conditions of any such management agreement or employment contract, all of which shall be made available for inspection by any Owner on request. Fees applicable to any such management, employment or service agreement shall be assessed to the Association or Owners. Page 9 ARTICLE VII ASSESSMENTS Section 1. Creation of Lien and Personal Obligation. Each Owner of any Lot, by acceptance of a deed therefor, whether it shall be so expressed in each deed, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges; (2) special assessments for capital improvements; and (3) special assessments for legal fees and damages. If the Owner fails to timely pay assessments within thirty (30) days of the date specified by the Association, the annual and special assessments, together with any interest, costs and any reasonable attorneys' fees incurred to collect such assessments, shall be a lien on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with any interest, costs and reasonable attorneys' fees incurred in attempting to collect the assessment, shall also be the personal obligation of the person who is the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by them. The Association shall record such liens in the Office of the King County Auditor. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Properties and for the improvement and maintenance of the Common Maintenance Areas as provided in Article IV. Section 3. Annual Assessment. Annual assessments shall be levied equally on all Lots. Fifteen percent (15%) of the annual assessment, or such higher percentage as may be charged, shall be allocated and paid to the Declarant for management services provided by the Declarant to the Association or by a professional management firm. Such allocation of funds to the Declarant shall cease when the Development Period expires and the Association assumes collection costs, bookkeeping, and other management responsibilities which are described with particularity in the Bylaws of the Association. Section 4. Computation. It shall be the duty of the Board to prepare a budget covering the estimated costs of operating the Association during the coming year, which shall include a capital reserve. Within thirty (30) days after adoption by the Board of Directors of the budget, the Board shall set a date for a meeting of the members to consider ratification of the budget, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the budget, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 5. Revised Budget. If the financial circumstances of the Association materially change during any year, the Board may prepare a revised budget for the balance of the year. Within thirty (30) days after adoption by the Board of Directors of the revised budget, the Board shall set a date for a meeting of the members to consider ratification of the revised budget, not less than fourteen nor more than sixty days after mailing of the Page 10 summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the revised budget, in person or by proxy, the revised budget shall be ratified, whether or not a quorum is present. In the event the revised budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 6. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a common assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Maintenance · Areas not provided by this Declaration, including fixtures and personal property related thereto. Within thirty (30) days after adoption by the Board of Directors of the special assessments for capital improvements, the Board shall set a date for a meeting of the members to consider ratification of the special assessment, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special assessment, in person or by proxy, the special assessment shall be ratified, whether or not a quorum is present. Section 7. Special Assessments for Legal Fees and Damages. In addition to the annual and special assessments authorized above, the Declarant, during the Development Period, or the Association may levy in any assessment year a special assessment for the purpose of defraying, in whole or in part, (1) the cost of legal fees and costs incurred in legal actions in which the Association is a party, (2) the cost of legal fees and costs incurred in any action in which a member of either the Board or Committee is named as a party as a result of a decision made or action performed while acting in behalf of the Association, or (3) any other reasonable expenses incurred by the Association. Within thirty (30) days after adoption by the Board of Directors of the special assessment for legal fees and damages, the Board shall set a date for a meeting of the members to consider ratification of the special assessment, not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special assessment, in person or by proxy, the special assessment shall be ratified, whether or not a quorum is present. Section 8. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and must be collected on an annual basis. Section 9. Date of Commencement of Annual Assessment: Due Dates. The annual assessments described in this Article shall commence upon the recording of this Declaration. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall determine annually the Annual Assessment to be assessed against each Lot. Written notice of the annual assessment shall be sent to every Owner subject to such assessments. The due date shall be established by the Board of Directors. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer or the administrator of the Association setting forth whether the Assessment on a specified Lot has been paid. Page 11 Section 10. Effect of Non-Payment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest at the rate of twelve percent (12%) per annum. Each Owner hereby expressly vests in the Association or its agents the right and power to bring all actions against such Owner personally for the collection of such assessments as debts and to enforce lien rights of the Association by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a mortgage of real property. Such Owner hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association and shall be for the benefit of the Association. The Association shall have the power to bid in an interest at foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for payment of all attorneys' fees incurred in collecting past due assessments or enforcing the terms of assessment liens. No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Maintenance Areas or abandonment of his Lot. The Association shall have the right to suspend the voting rights of an Owner for any period during which any assessment against the Lot remains unpaid for a period of thirty (30) days, for any infraction of the terms of either this Declaration, the Articles or the Bylaws of the Association. Section 11. · Subordination of the Lien to Mortgage. The lien for assessment provided for in this Article shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale or transfer, however, shall relieve such Lot from liability for any assessments which thereafter become due or from the lien thereof. Section 12. Exempt Property. Property owned by Declarant and the City of Renton shall be exempt from the assessments provided for in this Article. Section 13. Budget Deficits During Declarant Control. In the event there is a deficit between the actual operating expenses of the Association (but specifically not including an allocation for capital reserves}, and the sum of the annual, special and specific assessments collected by the Association in any fiscal year, Declarant, may, in its sole discretion, contribute funds to the Association in order to satisfy the shortfall, or any portion thereof. Section 14. Start-Up Fee. Upon the sale of each Lot by the Declarant, and upon the resale of each home (and Lot), the purchaser shall pay a start-up fee of Three Hundred and no/100 ($300.00) Dollars per Lot. This fee shall be collected at the closing of the Lot sale and submitted to the Association. This start-up fee shall be used to defray organizational and operational costs for the Association. Page 12 ARTICLE VIII MAINTENANCE OF LOTS Section 1. Exterior Maintenance by Owner. Each Lot and Residence shall be maintained by the Owner in a neat, clean and sightly condition at all times and shall be kept free of accumulations of litter, junk, containers, equipment, building materials and other debris. All refuse shall be kept in sanitary containers sealed from the outlook of any Lot. The containers shall be emptied regularly and their contents disposed of off the Lot. No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties, except that a regularly tended compost device (approved by the Committee) shall be permitted. The Owners of each Lot shall maintain the lawn and landscaping on the Lot in a condition consistent with the maintenance standards of the Subdivision. This includes, but is not limited to, adequate watering, removing weeds, dead or diseased plants which must be replaced with the appropriate planting, mowing, edging and fertilizing. The Owners of each Lot shall maintain any fence located on its Lot by keeping it in good repair. This includes staining any exterior fencing which faces the right of way or is visible from the right of way and replacing damaged fence boards. The stain for the fence shall be a natural stain color chosen by Declarant. Lots adjacent to fence, rockery or shrub improvements shall allow the Owner reasonable access in order to facilitate the inspection, maintenance and/or repair of the fence, rockery or shrubs. Access to the adjoining Lot by the fence, rockery or shrub shall not impede the Lot Owners' right for quiet use and enjoyment. Section 2. Lot Maintenance by the Association. In the event an Owner fails to maintain the exterior of his premises and the improvements situated thereon in a manner consistent with maintenance standards of the Saddlebrook Subdivision, the Association shall, upon receipt of written complaint of any Owner, or upon its own initiative, and a subsequent investigation, have the right through its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and exterior of the improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the Association within fourteen (14) days after mailing of adequate notice by certified mail to the last known address of the Owner. The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Association shall have the right to cause to be recorded a notice of lien for labor and materials furnished, which lien may be enforced in the manner provided by law. In the event that the estimated cost of such repair should exceed one-half of one percent of the assessed value of the Lot and improvements on that Lot, the Association shall be required to have the consent of fifty-one percent (51%) of the Members before undertaking such repairs. ARTICLE IX HOMEOWNERS' ASSOCIATION Section 1. Non-Profit Corporation. The Association shall be a non-profit corporation under the laws of the State of Washington. The Association may be an unincorporated Association during the Development Period, unless the Declarant elects to incorporate the Association. Page 13 Section 2. Membership. Every person or entity which is an Owner of any Lot shall become a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot and shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the Transferee of title to the Lot. All Owners shall have the rights and duties specified in this Declaration, the Articles and the Bylaws of the Association. Section 3. Voting Rights. Owners, including Declarant, shall be entitled to one vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the vote for that Lot shall be exercised as the Owners decide to exercise that vote, but in no event shall more than one vote be cast with respect to any Lot, nor shall any vote be divided. The voting rights of any Owner may be suspended as provided for in this Declaration, the Articles and the Bylaws of the Association. If Declarant elects to annex Other Parcels pursuant to Article XIII, Section 8, the total number of votes shall be increased by the applicable number for the Lots in such annexed Other Parcels. Section 4. Meetings. Meetings shall be conducted in accord with the specifications set forth in the Bylaws of the Saddlebrook Homeowners Association. ARTICLE X MANAGEMENT BY THE BOARD Section 1. Enforcement of Declaration. The Board shall have the power to enforce the provisions of this Declaration and the Rules and Regulations of the Association for the benefit of the Association. The failure of any Owner to comply with the provisions of this Declaration or the Rules and Regulations of the Association will give rise to a cause of action in the Association (acting through the Board) and any aggrieved Owner for recovery of damages, or injunctive relief, or both. Section 2. Board of Directors. The number of Directors shall be set forth in the Bylaws. The Board of Directors shall be elected by the Owners in accordance with the Bylaws. All Board positions shall be open for election at the first annual meeting after termination of the Development Period. The terms of the Board are defined in the Bylaws. Section 3. Powers of the Board. All powers of the Board must be exercised in accordance with the specifications which are set forth in the Bylaws. The Board, for the benefit of all the Properties and the Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation, but not limitation: (i) Insurance. Obtain policies of general liability; property; and directors and officer insurance. (ii) Legal and Accounting Services. Obtain legal and accounting services, if necessary, to the administration of Association affairs, administration of the Common Maintenance Areas, or the enforcement of this Declaration. Page 14 (iii) Maintenance. Pay all costs of maintaining the Common Maintenance Areas. (iv) Maintenance of Lots. If necessary, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to (1) protect Common Maintenance Areas or (2) to preserve the appearance and value of the Properties and/or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refused to perform maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment against the Owner or Owners of such Lot for the cost of such maintenance. (v) Discharge of Liens. The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the entire Properties or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the Properties or against the Common Maintenance Areas rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jointly and severally liable for· the cost of discharging it and any costs or expenses, including reasonable attorneys' fees and costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the Owner or Owners and the Lot responsible to the extent of their responsibility. (vi) Utilities. Pay all utility charges attributable to Common Maintenance Areas. (vii) Security. Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots and Common Maintenance Areas constituting the residential community created on the Properties. (viii) Right to Contract. Have the right to contract for all goods, services, maintenance, and capital improvements provided. (ix) Improvement of Common Maintenance Areas. Improve the Common Maintenance Areas with capital improvements to such Common Maintenance Areas. (x) Right of Entry. Enter any Lot or Residence when reasonably necessary in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot or Residence twenty-four (24) hours prior to such entry. Such entry must be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Board if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot). If the repairs or maintenance activities were Page 15 necessitated by the Owner's neglect of the Lot, the cost of such repair or maintenance activity shall be specially assessed to that Lot. If the emergency or the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be assessed against the Owner of the other Lot. (xi) Adoption of Rules and Regulations. The Board may adopt reasonable rules and regulations governing the maintenance and use of the Common Areas, the Common Maintenance Areas, the Properties, fines, and other matters. (xii) Declaration of Vacancies. Declare the· office of a member of the Board to be vacant in the event that a member of the Board is absent from three consecutive regular meetings of the Board. (xiii) Employment of Manager. Employ a manager, an independent contractor, or such other employee as the Board deems necessary and describe the duties of such employees. (xiv) Payment for Goods and Service. Pay for all goods and services required for the proper functioning of the Common Maintenance·Areas. (xv) Impose Assessments. Impose annual and special assessments. (xvi) Bank Account. Open a bank account on behalf of the Association and designate the signatories required. (xvii) Easements. Execute any and all covenants, easements, or other necessary documentation relating to the use of Common Areas and Common Maintenance Areas. (xviii) Exercise of Powers, Duties and Authority. Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of the Bylaws, Articles of Incorporation, or this Declaration. The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing contained herein shall be construed to give the Board authority to conduct a business for profit on behalf of all the Owners or any of them. ARTICLE XI ARCHITECTURAL CONTROL Section 1. Architectural Control Committee ("Committee"). The Committee shall consist of not less than three (3) and not more than five (5) members. It is not a requirement that members of the Committee be (1) Owners or (2) members of the Association. Page 16 During the Development Period, the Declarant may elect to exercise and perform the functions of the Committee. If the Declarant elects not to perform this function or at any time elects to no longer perform this function, the Declarant or the Board shall appoint the Committee to function as herein provided. After termination of the Development Period, the functions of the Committee shall be performed by the Board until such time as the Board shall appoint and designate the Committee. The Committee shall be appointed within one month of the election of the Board following the termination of the Development Period. Section 2. Jurisdiction and Purpose. The Committee, or Declarant if a Committee has not been appointed, shall review proposed plans and specifications for Residences, accessory structures, fences, rockeries, appurtenant recreational facilities other exterior structures to be placed upon the Lots or Properties. No exterior addition or structural alteration may be made until plans and specifications showing the nature, kind, shape, heights, materials and location of the proposed structure or alteration have been submitted to and approved, in writing, by the Committee. The Committee shall also review proposals to change the exterior color of Residences in the Subdivision. The Committee shall determine whether the exterior design and location of the proposed structure, alteration, or color change harmonizes with the surrounding structures, surrounding natural and built environment, and aesthetic character of other Residences in the Subdivision. Section 3. Membership. The Committee shall be designated by the Board. An election to fill either a newly created position on the Committee or a vacancy on the Committee requires the vote of the majority of the entire Board. However, the Board is not obliged to fill a vacancy on the Committee unless the membership of the Committee numbers less than three (3) persons. Section 4. Designation of a Representative. The Committee may unanimously designate one or more of its members or a third party to act on behalf of the Committee with respect to both ministerial matters and discretionary judgments. The recommendations of such individuals are subject to review by the entire Committee at the request of any member of the Committee. Section 5. Voting. Committee decisions shall be determined by a majority vote by the members of the Committee. Section 6. Submission of Plans and Specs. All plans and specifications required to be submitted to the Committee shall be submitted by mail to the address of the Committee in duplicate. The written submission shall contain the name and address of the Owner submitting construction plans and specs which include, but are not limited to: a site plan, architectural, grading, lighting, and landscape plans. The plans and specifications should contain the following information: (i) The location of the residence, doorways, windows, garage doors, accessory structures, property lines, easements, setbacks, landscaping, rockeries, fences, and the driveway upon the Lot; Page 17 (ii) Building elevations for all sides of the residence and/or accessory structures with reference to the existing and finished Lot grade. Include foundation, windows, garages, doorways, roof pitch, porches, decks, stairways; (iii) The elevation of the landscaping, rockeries, and fences with reference to existing and finished Lot grade. Materials, colors, and textures under consideration must be indicated. For proposed fences and rockeries, show relationship to fences and grades on adjacent Lots; (iv) Drainage flows; (v) Exterior finish materials, colors, and textures under consideration. Include roof; (vi) Landscape plan. Indicate species of plant material, size and height, and location; and (vii) Other information which may be required in order to determine whether the standards in this Declaration have been met. Section 7. Plan Check Fee. All individuals submitting plans to the Committee and not using Declarant as their house builder shall be obliged to pay a reasonable plan check fee to cover the administrative costs of reviewing such development proposals. It will be necessary to pay the plan check fee upon submitting plans and specifications to the Committee. A plan check fee plus a damage deposit shall be required for the review of plans and specifications for Residences. A plan check fee shall be required for the review of accessory structures and alterations. All fees and deposits shall be determined by the Committee. Section 8. Evaluating Development Proposals. The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. The Committee shall determine whether the external design, color, building materials, appearance, setbacks, height, configuration, and landscaping of the proposed structure harmonize with the various features of the natural and built environment, the aesthetic character of the other Residences in the Subdivision, and any other factors which affect the desirability or suitability of a proposed structure or alteration. Section 9. Exclusions. Plans and specifications for Residences constructed by Declarant shall not be reviewed by the Committee. Section 10. Approval Procedures. Within thirty (30) days after the receipt of plans and specifications, the Committee shall approve or disapprove the proposed improvement. The Committee may decline to approve plans and specifications which, in its opinion, do not conform to restrictions articulated in this Declaration or to its aesthetic standards. The Committee shall indicate its approval or disapproval on one of the copies of the plans and specifications provided by the applicant and shall return the plans and specifications to the address shown on the plans and specifications. In the event no disapproval of such plans and specifications is given within thirty (30) days of submission, Page 18 the plans and specifications shall be deemed to be approved by the Committee and construction pursuant to the plans and specifications may be commenced. This provision shall not apply to plans and specifications for homes which will be constructed by Declarant. Section 11. Compliance with Codes. In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The Committee has no responsibility for ensuring that plans and specifications which it reviews comply with relevant building and zoning requirements. All structures and improvements shall comply with the provisions of the applicable building code relating to height restrictions, setback requirements, drainage easements and other easements and/or restrictions. No person on the Committee or acting on behalf of the Committee shall be held responsible for any defect in any plans or specifications which are approved by the Committee nor shall any member of the Committee or any person acting on behalf of the Committee be held responsible for any defect in a structure which was built pursuant to plans and specifications approved by the Committee. Section 12. Variation. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to ( 1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the event the variation will not (1) place a detrimental impact on the overall appearance of the Subdivision, (2) impair the attractive development of the Subdivision, or (3) adversely affect the character of nearby Lots or Common Maintenance Areas. Granting such a variation shall not constitute a waiver of the restrictions articulated in this Declaration. Variations shall only be granted in extraordinary circumstances. Section 13. Enforcement. In any judicial action to enforce a determination of the Committee, the losing party shall pay the prevailing party's attorneys' fees, expert witness fees, and other costs incurred in connection with such a legal action or appeal. ARTICLE XII BUILDING AND LAND USE RESTRICTIONS Section 1. Residential Restrictions. All Lots within the Properties shall be used solely for single family residential purposes and related facilities normally incidental to a residential community, except as allowed by Section 4 below, however, no single family residence restriction set forth in this Declaration shall be meant to preempt the Federal Fair Housing Act. Private single family Residences shall consist of no less than one Lot. Section 2. Property Use Restrictions. No Lot shall be used in a fashion which unreasonably interferes with the Owner's right to use and enjoy their respective Lots or Common Areas. The Board, the Committee designated by it, or the Declarant shall determine whether any given use of the Properties and/or Lot unreasonably interferes with those rights and such determinations shall be conclusive. Page 19 ' Section 3. Prohibition of Nuisances and Untidy Conditions. No noxious or offensive activity shall be conducted on any Lot or Common Area nor shall anything be done or maintained on the Properties which may be or become an activity or condition which unreasonably interferes with the right of other Owners to use and enjoy any part of the Properties. No activity or condition shall be conducted or maintained on any part of the Properties which detract from the value of the Properties as a residential community. No untidy or unsightly condition shall be maintained on the Properties. Section 4. Business. No trade, craft, home business, professions, manufacturing, commercial enterprise or commercial activity of any kind which shall interfere with the quiet and peaceful enjoyment of any part of the Subdivision, shall be conducted or carried on upon any Lot or within any building located within the Subdivision. All businesses must comply with any applicable City regulations and ordinances. Section 5. Temporary Structures for Residential Purposes. No structure of a temporary character or trailer, recreational vehicle, basement, tent, shack, garage, barn, or other out buildings shall be used on any Lot at any time as a Residence, either temporarily or permanently. No vehicles parked in public rights-of-way may be used temporarily or permanently for residential purposes. All such structures shall be removed at the expense of the Owner of the Lot on which the structure is located. This provision shall not apply to the Declarant during the Development Period, including the home construction period. Section 6. Mining. No oil drilling, oil development operations, oil refining, quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall oil wells. tanks, tunnels. mineral excavation of shafts be permitted on or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. Section 7. Animals. No animals, other than dogs, cats, small caged birds, tanked fish, and other conventional small household pets, may be kept on any Lot. provided they are not kept, bred, or maintained for a commercial purpose and they do not unreasonably interfere with the use and enjoyment of any part of the Properties. Dogs shall not be allowed to run at large. Dogs shall be kept on a leash or otherwise confined in a manner acceptable to the Committee whenever outside the dwelling. Lot Owners shall be responsible for the removal of their animal's waste wherever it is deposited within the Property. Dog runs and enclosures shall be kept clean and odor free at all times. Dog runs, kennels, enclosures to be built must be submitted to the Committee for approval. Consistent with the City of Renton's leash law, pets shall be registered, licensed and inoculated from time to time as required by King County or any applicable law. Section 8. Garbage and Refuse. No garbage, refuse, rubbish, cuttings, or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and screened from public view from the street and from the ground level of adjacent Lots and Common Area. Such containers shall be returned to the screened location by the end of each scheduled pick-up day. All equipment for the storage of disposal of such materials shall be kept in a clean and sanitary condition. Page 20 Section 9. Rental and Leasing. The Owner (except for a lender in possession of a Lot and improvements located thereon following a default in a first Mortgage, a foreclosure proceeding, or any deed of trust sale or other arrangement in lieu of a foreclosure) shall be prohibited from leasing or renting Jess than the entire Lot or improvements thereon unless otherwise approved by the Board of Directors. All leases and rental agreements shall be in writing and shall specify that it is subject to this Declaration, the Articles and Bylaws and Rules and Regulations. If a lease or rental agreement does not state that the rental is subject to this Declaration, the Articles and Bylaws, and Rules and Regulations, it shall nonetheless be subject to such documents. A violation of the tenant/lessee in complying with this Declaration, the Articles or Bylaws, and Rules and Regulations shall be enforceable against the tenant/lessee and the Owner. If a Lot or home is rented by its Owner, the Board, on behalf of the Association, may collect and the renter or lessee shall pay over to the Board, so much of the rent for such Lot or home as is required to pay any amounts due the Association hereunder, plus interest and costs, if the same are in default over thirty (30) days. The renter or lessee shall not have the right to challenge payment over to the Board, and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent, to the extent such rent is paid to the Association, but will not discharge the liability of the Owner of the Lot under this Declaration for assessments and charges, or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been appointed with respect to the Lot or its Owner, nor in derogation of any rights which a mortgagee of such Lot may have with respect to such rents. Other than as stated in this Article, there are no restrictions on the right of any Owner to lease or otherwise rent such Owner's Lot or home. Section 10. Parking of Vehicles; Storage of Goods; Equipment or Devices. There shall be no permanent and/or temporary storage of goods, equipment, or devices permitted in open outlook from any Lot or right-of-way. The term "Vehicles" as used herein shall include, without limitation, automobiles, vans or trucks with or without business logo, campers, trucks, busses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters, go-carts, and any other towed or self- propelled transportation type vehicle. The term "Passenger Vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the occupants of the Lot. The term "Commercial and Recreational Vehicles" as used herein shall include, without limitation, vans or trucks with business logos, campers, busses, motor homes, mobile homes, boats, trailers, portable aircraft, motorcycles, snowmobiles, minibikes, scooters, and go-carts. The following restrictions apply: (i) "Garage Parking Spaces" shall mean the number of parking spaces within a garage attached to a Residence equal to the number of garage doors on the garage. A double wide garage door shall count as two (2) Garage Parking Spaces. All Passenger Vehicles shall be parked in either a Garage Parking Space or upon the driveway; (ii) No Commercial and/or Recreational Vehicle shall be permitted on the driveway of any other portion of the Owner's Lot, except within a garage, however, Recreational Vehicles shall be allowed to park on the driveway for a maximum twenty-four (24) hour period, for the sole purpose of loading and unloading the Recreational Vehicle; Page 21 (iii) No Vehicles and/or Passenger Vehicles shall be parked overnight on any right-of-way adjoining any Lot; (iv) No Vehicles parked on the driveway may extend over the sidewalk and/or into the right-of-way; and (v) Owners who have visiting guests intending to stay shall be allowed to park their Passenger Vehicle either in the Garage Parking Space or upon the driveway. The Association shall give an Owner a written notice of an improperly parked or stored Vehicle and/or improperly stored goods, equipment, or devices. The Owner shall have twenty-four (24) hours to remove said Vehicle and/or goods, equipment, or devices. If the Owner has not moved the said Vehicle within the required time period, the Association may have the Vehicle towed at the Owner's expense; assess the Owner daily fines until the Vehicle is removed; and/or place a lien against the Owner's Lot. If the Owner has not removed the said goods, equipment, or devices within the required time period the Association may have the goods, equipment, or devices removed; assess the Owner daily fines until the goods, equipment, or devices are removed, and/or place a lien against the Owner's Lot. Section 11. Plans and Specifications Must be Approved. Any Residence or temporary or permanent structure constructed in the Plat by a builder or Lot Owner other than Declarant, must have their plans and specs reviewed and approved by the Declarant, or Architectural Control Committee, if selected, as provided for in Article XI. The Declarant or Committee, if selected, shall determine if the general building and land use restrictions are met. The Declarant may prepare residential Design Guidelines which may contain guidelines in addition to those set forth herein. During the Development Period, Declarant shall have the sole authority to amend the general building and land use restrictions set forth herein and any Design Guidelines, consistent with the land use restrictions and conditions of Plat approval. Section 12. Exterior Colors. Any changes to the exterior color of any improvement located on a Lot must be approved by the Committee prior to the commencement of the painting or construction of the improvement. Section 13. Protection of Trees. Owners shall not cut down trees located within the Properties. Owners shall notify the Board of any dead or diseased tree located on their Lot and the Association shall determine if the tree should be removed. Section 14. Fences. No fences shall be erected without the prior written approval of the Committee. Fences shall be allowed on a Lot and its location shall be subject to easements and restrictions set forth on the Plat, restrictions set forth in this Declaration and the Design Guidelines established by the Declarant, if any, and prior written approval of the Committee. Each Lot Owner shall be responsible for the continued maintenance and repair of any fence on its Lot. Page 22 Section 15. Dog Runs and Enclosures. Proposed dog runs and enclosures must be approved, in writing, prior to their construction by the Committee. All dog runs visible from the street, side, or rear yard of another Lot shall be fenced or screened with material approved by the Committee. Section 16. Accessory Structures. Accessory buildings which are appurtenant to the use of an existing permanent residential building shall be permitted on a Lot. Permitted accessory buildings shall include, without limitation, greenhouses, playhouses, tool sheds, woodsheds, doghouses, dog runs, dog enclosures, and gazebos. No accessory building shall be placed on a Lot unless the plans for the accessory building have been first approved as to the design, materials, and location on the Lot by the Committee. The Committee may refuse to approve an accessory building if, in the exercise of the discretion of the Committee, the structure detracts from the general visual appearance to the Subdivision or other homes. The location of an accessory building shall be at a place which minimizes the visual impact and, as a general guideline, shall be in the side or rear yard behind the front of the home. The Committee may require visual screening of accessory buildings from adjacent Lots. All structures and improvements shall comply with the provisions of the applicable Building Code, as amended from time to time, relating to setback requirements, drainage easements and other easements of buffers; provided that nothing herein shall require removal of a building which was originally placed in conformity with such Building Code because of a change in the Building Code. Section 17. Signs. No signs, billboards, or other advertising structure or device shall be displayed to the public outlook on any Lot, except one sign not to exceed four (4) square feet in area, may be placed on a Lot to offer the Lot for sale or rent. Signs may be used by the Declarant, or an agent of Declarant's, to advertise the Lots during the construction and sale period. Declarant's signs may include project marketing signs, directional signs and model home signs. Political signs may not be displayed mcire than sixty (60) days before an election and must be removed within seven (7) days following the election date. Political signs may not be placed on Tracts or Rights of Way owned or maintained by the Homeowners Association. Section 18. Swimming Pools. No swimming pools, lap pools, or spas shall be constructed, erected, or maintained upon any Lot without the prior written consent of the Committee. The Committee may disallow any or all pools or spas in their sole discretion and shall have the authority to establish rules governing the use of any such facilities. Considerations shall include, but not be limited to, the visual and audio intrusion such facility and associated activities would have on surrounding residences. The installation of any such facility shall be in accordance with the plans approved by the Committee in addition to all local and state building ordinances and use of such facility shall be in strict compliance with the conditions of approval set down by the Committee. Section 19. Utilities and Satellite Dishes. No lines of wires for the transmission of electric current or of television, radio or telephone signals shall be constructed, placed or permitted to be placed outside of the building of a Lot, unless the lines and wires shall be Page 23 underground or in conduit attached to a building. No exterior aerials, antennas, microwave receivers or satellite dishes for television or other purposes shall be permitted on any Lot except for satellite dishes up to 24" in diameter that may be installed on the sides or the rear of the home. Section 20. Gardens, Play Equipment, Sport Courts, Pools. Spas and Basketball Standards. No permanent and/or portable basketball standards or other play equipment may be situated in any private or public right-of-way. Portable basketball standards need not be submitted for approval but must be properly stored on the rear side of the Residence or in the garage. Any violation of these restrictions may result in the removal of such device. The Committee may require visual screening of play equipment, sports equipment, sport courts, pool and spas. Section 21. Decks and Patios. The Committee may require screening such as skirting for decks which extend four (4) feet or more off the ground. Section 22. Holiday Displays and other Exterior Adornments. All holiday displays and decorations must be removed within two (2) weeks of the end of the pertinent holiday. No displays or decorations may be installed earlier than six (6) weeks before the pertinent holiday. Section 23. Flag and Flag Poles. Any display of the flag of the United States by an Owner must be displayed in a manner consistent with the federal flag display law 4 U.S.C. Sec. 1 et sec. The Committee shall review and approve the placement and manner of display of the flag and the Committee shall review and approve the location and size of a flagpole used for the display of the United States flag. Flag poles used by Declarant on the Properties to advertise the Subdivision shall be allowed. Section 24. Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of the Properties without the Owner first obtaining a building permit and other necessary permits from the proper local governmental authority and written approval of such permits from the Board, Committee or the Declarant. Section 25. Codes. All construction shall conform to the requirements of the State of Washington codes (building, mechanical, electrical, plumbing) and local requirements required by the City of Renton in force at the commencement of the construction, including the latest revisions thereof. Section 26. Entry for Inspection. Any agent, officer or member of the Board, Committee, or the Declarant may, except in cases of emergency, at any reasonable predetermined hour, upon 24 hours' notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above-recited individuals shall not be deemed guilty of trespass for such entry or inspection. There is created an easement over, upon and across the residential Lots for the purpose of making and carrying out such inspections. Page 24 Section 27. Contractor. No home may be constructed on any Lot other than by a contractor licensed as a general contractor under the statutes of the State of Washington and the prior written approval of the Committee. Section 28. Fines. In the event a Lot Owner violates any of the covenants, conditions and/or restrictions set forth in this document, the Association has the right to assess fines for said violations. The Board of Directors shall adopt Rules and Regulations which shall set forth the fines for violations of any of the covenants, conditions and/or restrictions set forth in this document. The Board of Directors may choose to pursue legal channels to gain injunctive relief and any associated legal expenses will be added to the fines. Such fines shall be collectible in the same manner as assessments and any remedies available for the collection of assessments shall also be available for the collection of fines. Section 29. Construction and Sale Period. So long as Declarant owns any property in the Subdivision for development and/or sale, the restrictions set forth in this article shall not be applied or interpreted as to prevent, hinder or interfere with development, construction or sales activities of Declarant or any builder or developer approved by Declarant. ARTICLE XIII GENERAL PROVISIONS Section 1. Covenants Running with the Land. The covenants, conditions, and restrictions, easements, rights, liens, and encumbrances herein provided for shall be covenants running with the land and shall be binding upon the Subdivision and any and all parts thereof, the parties in interest thereto and their heirs, assigns, personal representatives and successors in interest. Accepting an interest in and to any portion of the Subdivision shall constitute an agreement by any person, firm or corporation accepting such interest, that they and each of them shall be bound by and subject to the provisions hereof. Section 2. Amendment of Declaration. In addition to specific amendment rights granted elsewhere in this Declaration, until conveyance of the first Lot to a person other than a builder, Declarant may unilaterally amend this Declaration for any purpose. Thereafter, Declarant may unilaterally amend this Declaration if such amendment is necessary (i) to bring any provision into compliance with any applicable governmental statute, rule, regulation, or judicial determination; (ii) to enable any reputable title insurance company to issue title insurance coverage on the Lots; (iii) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans to make, purchase, insure or guarantee mortgage loans on the Lots; or (iv) to satisfy the requirements of any local, state or federal governmental agency. However, any such amendment shall not adversely affect the title to any Lot unless the Owner shall consent in writing. In addition, so long as Declarant owns property described in Exhibit "A" for development as · part of the Properties, Declarant may unilaterally amend this Declaration for any other purpose, provided the amendment has no material adverse effect upon any right of any Owner or unless such Owner shall consent in writing. Page 25 • . Except as otherwise specifically provided above and elsewhere in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of members representing sixty percent (60%) of the total votes in the Association, and Declarant's consent, so long as Declarant owns any property subject to this Declaration or which may become subject to this Declaration in accordance with Section 8 of this Article. Notwithstanding the above, no amendment to this Declaration involving the responsibility to maintain the Common Maintenance Areas may be made without the prior written approval of the City of Renton. All amendments must be filed with the office of the King County Auditor. Section 3. Enforcement. The Association, the Board, or any Owner shall have the right to enforce, by any legal proceeding, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 4. Attorney's Fees. In the event that it is necessary to seek the services of an attorney in order to enforce any (1) provision of this Declaration or (2) lien created pursuant to the authority of this Declaration, the individual against whom enforcement is sought shall be obliged to pay any attorneys' fees incurred. If the Owner fails to pay such fees within sixty (60) days, such fees shall become a lien against the Owner's lot. Section 5. Successors and Assigns. The covenants, restrictions and conditions articulated in this Declaration shall run with the land and shall accordingly be binding on all successors and assigns. Section 6. Severability. In the event that any provision hereof shall be declared to be invalid by any court of competent jurisdiction, no other provision shall be affected thereby and the remaining provisions shall remain in full force and effect. No waiver of the breach of any provision hereof shall constitute a waiver of a subsequent breach of any provision hereof or constitute a waiver of a subsequent breach of the same provision or of any other provision. No right of action shall accrue for or on account of the failure of any person to exercise any ~ight hereunder nor for imposing any provision, condition, restriction or covenant which may be unenforceable. Section 7. Rule Against Perpetuities. In the event that any provision or provisions of this Declaration violate the rule against perpetuities, such prov1s1on or provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving incorporator of the Association or twenty-one (21) years after the death of the last survivor of all the incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. Section 8. Other Parcels Will be Governed by Declaration. Declarant reserves the right, but is not obliged, to add other parcels to the Properties. Declarant reserves the right to determine the number and location of any Lots within the other parcels. Page 26 If any Other Parcels are added to the Properties, all of the Other Parcels shall be governed by this Declaration. The character of the improvements which may be later added to the Properties on other parcels shall be compatible with improvements already existing on the Properties; provided, however, that Declarant may develop the other parcels for any lawful purpose that is allowed by applicable laws and regulations. All easements for ingress, egress, utilities and use of facilities, unless otherwise specifically limited, shall exist in favor of all Owners in the Other Parcels. During the Development Period, the addition of Other Parcels to the Properties shall occur when the Declarant files for record an amendment to this Declaration legally describing the Other Parcels. The voting rights of the existing Lot Owners shall be adjusted at the time Other Parcels are added to the Properties only to the extent the total number of votes is increased by the number of Lots added, and the percentage which one vote bears to the total is thus diminished. Section 9. Failure of Board to Insist on Strict Performance No Waiver. The failure of the Board in any instance to insist upon the strict compliance with this Declaration or Rules and Regulations of the Association, or to exercise any right contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment for the future of any term, covenant, condition, or restriction. Section 10. Limitation of Liability. So long as a Director, Officer, Committee member, Association agent, or Declarant acting on behalf of the Board or the Association, has acted in good faith, without willful or intentional misconduct, upon the basis of such actual information as is then possessed by such person, then no such person shall be personally liable to any Owner, or other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision, or failure to make a discretionary decision, by such person in such person's official capacity, provided that this Section shall not apply where the consequences of such act, omission, error negligence are covered by insurance or bonds obtained by the Board pursuant to this Declaration. Section 11. Indemnification. Each Director, Officer, Committee member, and Declarant shall be indemnified by the Association, including the Lot Owners, against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which such person may be a party, or in which such person may become involved, by reason of holding or having held such position, or any settlement thereof, whether or not such person holds such position at the lime such expenses or liabilities are incurred, except to the extent such expenses and liabilities are covered by insurance actually obtained by the Board and except in such cases wherein such Director, Officer, Committee member or Declarant is adjudged guilty of willful misfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association. Page 27 • IN WITNESS WHEREOF, the undersigned, being the Declarant herein, have hereunto set their hand(s) and seal(s) this day of , 20_. DECLARANT ACH Homes, LLC, a Washington limited liability company By _____________ _ Its ________ _ STATE OF WASHINGTON ) ) 55. COUNTY OF ) On this __ day of , 20_, before me, the undersigned, a notary public in and for the State of · Washington, personally appeared ________ , of ACH Homes, LLC, a Washington limited liability company, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf of said limited liability company. WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at (Print Name) My Commission Expires: ____ _ Page 28 • EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Lots 1 and 2, King County Short Plat No. 976093, recorded under Recording No. 7612010798, in King County, Washington. Page 29 , Form No. 14 Subdivision Guarantee Guarantee No.: 4209-1942808 Issued by First American Title Insurance Company · 818 Stewart St Ste 800, Seattle, WA 98101 Title Officer: Lavonne Bowman Phone: (206)728-0400 FAX: First American Title City of R Planning D~nton • 1v1sion JUN -7 lti/3 ; (~ Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4209-1942808 Page No.: 1 , ~,. r • 1 .:,;;.~ First American First Americ;m Title Insurance Company 818 Stewart St, Ste BOO Seattle, WA 98101 Phn -(206)728-0400 (800)826-7718 Fax - Lavonne Bowman (206) 336-0728 lavbowman@firstam.com Peter Child (206) 336-0726 pchild@firstam.com King County Title Team Two 818 Stewart St, Ste. 800, Seattle, WA 98101 Fax No. (866) 561-3729 Kelly Cornwall (206) 336-0725 kcornwall@firstam.com Curtis Goodman Municipality Title Officer (206) 615-3069 cgoodman@firstam.com Kathy l Turner (206) 336-0724 kturner@firstam.com .PTEASE SEND ALL RECORDING PACKAGES TO 818 STEWART ST, STE. 800, SEATii.E~YiA --------· -· ---91no1.:--· ----------·-- LIABIL!lY FEE $ $ SUBDIVISION GUARANTEE SECOND REPORT 1,000.00 ORDER NO.: 350.00 TAX$ 33.25 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company 4209-1942808 Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES PNW Holdings LLC herein called the Assured, against loss not exceeding the liability amount stated above 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 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 above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., First American Title • •' Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4209-1942808 Page No.: 2 and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: May 16, 2013 at 7:30 A.M. First American Title Form No. 14 Subdivision Guarantee ( 4-10-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: ACH Homes, LLC, a Washington limited liability company Guarantee No.: 4209-1942808 Page No.: 3 B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: LOTS 1 AND 2, KING COUNTY SHORT PLAT NO. 976093, RECORDED UNDER RECORDING NO. 7612010798, IN KING COUNTY, WASHINGTON. APN: 366450-0261-04 and 366450-0260-05 A'rst American Title , Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: Guarantee No.: 4209-1942808 Page No.: 4 1. General Taxes for the year 2013. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 366450026104 1st Half Amount Billed: $ 731.17 Amount Paid: $ 731.17 Amount Due: $ 0.00 Assessed Land Value: $ 89,000.00 Assessed Improvement Value: $ 12,000.00 2nd Half Amount Billed: $ 731.17 Amount Paid: $ 0.00 Amount Due: $ 731.17 Assessed Land Value: $ 89,000.00 Assessed Improvement Value: $ 12,000.00 Affects: Lot 1 2. General Taxes for the year 2013. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 366450026005 Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Affects: 1st Half $ 2,347.59 $ 2,347.59 $ 0.00 $ 249,000.00 $ 78,000.00 2nd Half $ 2,347.58 $ 0.00 $ $ $ Lot 2 2,347.58 249,000.00 78,000.00 3. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by Short Plat No. 976093 recorded under recording number 7612010798. 4. Conditions, notes, easements, provisions and/or encroachments contained or delineated on the face of the Survey recorded under Recording No. 8102099006. 5. Conditions, notes, easements, provisions and/or encroachments contained or delineated on the face of the Survey recorded under Recording No. 9712159015. First American Title ' Form No. 14 Subdivision Guarantee (4-10-75) 6. Easement, including terms and Recorded: Recording Information: In Favor Of: For: provisions contained therein: March 21, 2013 20130321000565 Guarantee No.: 4209-1942808 Page No.: s Puget Sound Energy, Inc., a Washington corporation Electric transmission and/or distribution system INFORMATIONAL NOTES A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. First American Title Form No. 14 Subdivision Guarantee {4-10-75) Guarantee No.: 4209-1942808 Page No.: 6 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the tiUe to any property beyond the lines of the land expressly described in this Guarantee, or title to streets, roads, avenues, lanes, WafS or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or Improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; {2) which result in no loss to the Assured; or {3) which do not result in the Invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to In this Guarantee. (d) The validity, legal effect or priority of any matter shown or referred to In this Guarantee. GUARANTEE CONDmONS AND STIPULATIONS 1, Definition of Terms. The following tenns when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured In this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in this Guarantee, and improvements affixed thereto which by law constitute real property. The term "land" does not Include any property beyond the lines of the area described or referred to In this Guarantee, nor any right, title, Interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which Is adverse to the title to the estate or Interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation In such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which In its opinion may be necessary or deSlrable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not It shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise Its tights under this paragraph, It shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and pennit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or Interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant Its pennisslon, in writing, for any authorized representative of the Company to examine, inspect and copy an records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information deSlgnated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary ln the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary lnfonnation from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) First American Title Form No. 14 Subdivision Guarantee (4-10-75) 6. Options to Pay or otherwise Settle Claims: Tennlnatlon of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or In the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the l>enefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said Indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the clalmed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Othetwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or othetwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Detennlnatlon and Extent of Llablllty. This Guarantee Is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured clalmant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Excluslons From Coverage of This Guarantee. The Liab11ity of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in this Guarantee; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or Interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, Including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for toss or damage until there has been a final determination by a court of competent jurisdiction, and dispositiOn of all appeals therefrom, adverse to the title, as stated herein. Guarantee No.: 4209·1942808 Page No.: 7 (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured In settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, In which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of toss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest In the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company In connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability Is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability Is In excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules In effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land Is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, If any, attached hereto by the Company Is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA 92707. Fann No. 1282 (Rev. 12/15/95) First American Title ., . . . ., Saddle brook Title Documents First American Title Company Subdivision guarantee Order No. 4209-1942808 Dated May 16, 2013 DRS PROJECT NO. 12040 D.R. STRONG CONSUL TING ENGINEERS 10604 NE 381 H PLACE, SUITE 232 BELLEVUE, WA. 98022 City of Renton Planning Division JUN -7 20/J ' First American Title 14. Legal Description_01_7612010798 - ! 1 ;! ' I ! j \ • i I ! E I ' • • ; l ! l i r, '-! :: :'J: "" "' ., ~ CJ ..... ,::, N .... . , ·- 0 C -~ C 0 . ., ·~ ... ' t:l ~ " • 1 " .. • " '2 8 : LEGAL SHORT PLAT NO KING COUNTY, WASHINGTON ThJs •p•co raaorv•d lot APPROVAL record•r's uce, L6p,,rtmont al Planning and Co/ftll!UnJt~ Ddvolopment Bulldlng ~d £.and Davalopment DlvJslon ~itlUdnad bnd appro11ad this 3...Q.. da~ of 't.,,.., . ~ Hano9or, Bu1ld1ng, Land Dovelopment D!vlsl~ ~p,1rtincnc o/ PubJJr: Woru rJJod for ,~cord •t the teq'Udt ol, J.,.,c,llt:' I.A ,.~,.,/ Eliidffllnod and ,spprovod thi• /& 7"// da~ of ~1~£¥ ,19Lb o, tttetor ··-c/o TA~JI\.J i:t>-.a.1 r Dap,tt11cnt ot AHes•~nt.s ,3 e,.,c. ~,:. 1th!ot K,.,10 .,, ...>,. <rbC•"I ~ C1t,11runlfd 11nd approved th.1s :./9 LI" Roturn to, Bulldlng d Lm1d lhn.lslcpmmt 4$0 KC Ad,,dniBtJ"Ot'Um Bldg Seatt'te, 1lashington 98101 DESCRIPTION HARLEY H. HOPPE TOTJ.L ARLA: Lot 6,Block 2, Janetta P.enton Bou1qvard Tracts as recorded in Volur.,e 17, Page 60, in Kine, County Washington • PARCEL n. The South 76 feet of the Wcat lSO 1'cet ,o! Lot 6, ,;z R~nton Blockr of Janetta Boulevard Tracts,~G recorded in Volume 17, Pogo 60, King Count/ Washington. PARCtL 12; Lot ij 1 Block 2 1 Janetta Renton Boulavard Tracts aa recorded i~ Volume 17, Page 60, King County Washington. ~ Except the South 76 feet Of tho West l~O feet. d•IJ of Uap on Fila In Yaun l'4tJct I al __ First American Title l First American Title I; ' ! I i ! ' I l J t f I i ! t i ~., j . " ! ~ J> i <. ; r, \ ~. r, . I ... 1:.·r ,: ,.,., • .'.. ~. I!, ..... ~ .,; ' ,, " ' '• (D ,, ' : ~ ' a "'· ~"IL •.,•. "-'1/,,.,. L.,, ", l'.I••' '2 ,~,4 ,..,.,~•t., J~ •• , .. ,\ ,,,, .... ~wo "J#,O.cT$ . ' Mop on FIio Ira Vaull rJ Dlra°'atlanr' W-----+l---- SC,tJo, 0 Shozt PJ•t /101 9 Y <:0? C, 2. .3 1'4'JO __ or __ First American Title ~ ; i . First American Title --=-------. ----------=-------_-_-_------._-.:::-. =--. .·. --?-¥¥§"- ! ! i \ I i ' ' DECLARATI~: Know nll men by those presents that we, the undersigned, owner(s) in tee aimple \ and contro.ct purchcsor(s)) of the lo.nd herein descdbod do horcby make a short sub division thereof pursuant to ROIi' 58, 17,060 and duclaro this sborL plat to be the crarhic representntion of same, nnd tbat said short subl.!ivision is mii.de with tbe free consent aild in accordance with the desire of the owner(s). In witness wberoof we hnvo set our hands and seals. MCD, Lui:Ull" H. Fcrty Nwne STATE or WASHlNGl'ON,t 15. County o!_0Y.l0 S0'C~--- Namo wne Nnme On thJ.11 dliy poraonaU!J app,!!:-ad batoro 111t Mri;. Luc:Ula M. Pcrrv to m kt10tm to bo the !ndJ.vi.dual dosc;r!bed Jn and '-:,o oxecutod tho wlthJ.n Md toragoJng lnatni•nt, imd ackn011ledgad th.tt -!J:s.._sJ.~ed che s.ame as 2!!!.,_froe anJ'volunt,1u11 ""d tf-J, for th• use• and pu.rpo11cs thoroin mentloned. , : • • . Gl VE~ undar .111!1 hand .snd oltlcJaJ .seal thls ...!!._ rby of Oci~bcr ~ • • ,UZ!....., '-ft)lb,c._. .D {?d:.).: .. :...._- Notary PublJc in ond for the St~e·ot 1f.Jsh.1n1ton, rt1$idfog at Renton · "'' STA.:£ OF 'lfASHINGTON.t ss. county o! ____ _ On this da;1 pe,rsonall!i "'"pr•rttd bttloro mtt ------------------ to "'° known to bo the ;inllJvJdr.utJ dttscrJbed .ln and who oxocutcd the within and torago1ng instn=ant, and <1cknoltloe;ed tlult ____ signsd dio 1111in, •• ____ frt10 and volunt:,uy 11ct ttnd dood, (or the la'ml end JJU$PQSOS therein lDCllt:loned, GIVEN undor mJ hand .md otticlal soal this __ da!/ of-------' "--· Hotarv Public Jn and for cha State of W,u=hingeon, residing "t First American Title ... , ....... 8102099006 ,/=-· .;:H .. ,· .-~·-·.. S.E. 128th ST • . _..-~ , .. ,. f N~7°0!J':ze,,•w ,;· .. 6~,f..Jo Cale. ,, .. ~~-.r· r~·l!J~Ol:,k. 6~t.-.25 rtaf II 12 :z~~7.J!f 0!'1•o•) _ ---..,1____!! ..V..-~ an,.-D~ I -~,3 ,.,···· .. ~ ~ (I)-~ w-:: 't() >· ~ ... .. ~r~:i :S: ~~.' U) •.' ~ ......... ,', -~,·-· . "---···· ..~-,,, . _ ...... --,,_., =-:-. .-=--· "'.~---~-.-~,--·····'··''.-: -" i 1,-0'-'" .,,····::····,-.-.,,_., . • //'" J ... :;;:::::~'.,. -··· ::.·:.']> / .-, . . i/ .... /">~·::··· ./·1 . ~ .. ~,· 1~·-· B I ,_,.. Let 5 ~~j.;l _ ffk... • ':jg ~o •• 'l' • tw , .... -"\'r.:;- Na7•4J',tz•w ,.,_-4, .. 97,377 '!5a . ...-r: 1116.~ .. N i!it'!:~';i/:i."' • · .• "! C' .. (I) ·11!'!' ·•· .. -; .... ~~ :;;, #<Im ~ i ..~--.....1.~ .. < -~k-""=·.:,;: ~t"'f:t, ~ ,._::l't ~ I I .... ---· ... ...... ,---, "•,, .... - · . .-,,,,,, .... , .. ,.-····· ~ ~1---.. "'\.-· J·' N LEGAL DESCRIPTION TUI! ~OIJ77.I 1.50 JrD£T OF LCT .!I, l!JL.OCK :2, JANETT'~ RENTON l!JOIJL.£VARD ~AC"TS, 1'ECOP.DED IN YOLU~ 171 l"'AGB I,, 1 ~~ o~ kJNO COUNTY, WASHINGTON. 6XCII1'1' "THE Wl.5T .300 /'SET" 11-IEl'VmF, •.. ,/~_:,}'; ,, ,,-,,· J,.eeuNl'tD ... ~o~ ./ :,. ,,,,· ......... ·········· .; ,; ~, ~ 0 .. :-.::: ..... ,, .. _ :,.-,,.,,.,_,•"'"·• •· .. ,. .. ·:'::, ............ ··:,:-· .,:-_:,_., 26-206 .,,. . ~ ~.,.,,, ,,,_, --- 1i,Cooo N67•!J4•41•w -1- S,E. 136th r..J!l._,O 1"1a/ &48,47 ~""·"'~ ("J,t:os) .. ST. ' . .... .···· ~/- . '" ·· . , ... , ,. ·.LEGEND t~ ''\9 •14 • "'""""" 1 ""'-'" _: .· ·~-~-~-~~~- acomnmnnr.o.n 8IOZQ99QQ6 .... ,.,. .... ~...ru_~ -~~·--· WAJ'.NI Ii .!f!!.0[!._IN .Gt!Nr.;._ C[SPH lfH[S s~ •"'-4·· llmll'l'Oln cutlfUTE 11,b-"""""-·--.. ---111" ......... --a.....-o1u......, _..,. Ad 11 11,o -o1 l!BfAN l!!JIJTCHEB ~1,.«> ~ .. E. f'l,p ...... ...t= ,s; 114/~~{4 sECO~:.t2~-s- RIAN BU.'fgliER TOWN&END•CHASTAIN Q AB80C.1 1NC. -,.. ·-:,.,,.,,;._, ~ OEYEL":,!c;n;/::lto!,!NTS eou·No.~~Y ~YR\i~Y 40!1 SOVTH-"d AVENUE .. , .. ,.... ·· KENT, WASHINGTON 91101/ tzosJ 654-zo,,, _ .. J>-0 I""' r~.!Io' -{}OC. l!H;JO _ _,., ... ,_ .. r·-- ·t) .. ·.,_.} ,;' ·---~';· • • • • l i ! • : " I .,,," ,,.,,,, I 9712159015 I 118 248 r:· ,:~T PORTION OF THE SW t/4, NE 1/4, SECTION _!.!_ TOWNSHIP ~ NORTH, RANGE _5_ EAST, li'.M. 'r '\ 2l !:l I ?J ~ I "" ~ I ,,·' 4r:L~ ,;, :;"' ~ C -----:...~;.------·-·-·---./'--~ ~ LEG.AL DESCRIPTION: <.VI I <.!r ,.,_. COIMT'f SlfORT f'fAT /$77Pfl, flEDYWING /l'UWllf n111,07J!) I.Dr 1 IJUJCK Z Of .MNCTTS RENTON 9CUI.EW,R/J l7UCK$ NDlfTU 15' AS lltASIJF/t1J ALONG THE fflT !IE OF mt IIGT UfJ' AS' ll&ULIRm MD/C f1IE 1· ··=,os,n-o··· .. .,, .. •·' l·f .:.:.:. :·,~;· t·a··,.... :::.-.::/ :"!,0;=_:';,,_. ; j ~ (, -..Y ,/ .{ .. _.£., ·.GRAP'iflC""SQ~. "lf~~ or SCC1ION" NE CORMR /4-~,J """'"" ii .... .,.,.t.-r··' /' ·';.:/-1··: j :r:/-<r. ;~~~~~~"' ii O ,<·(''lll,..,) ~~-~-•-n.-• 1r----~~~} ,/1tnc~/t50 ~---' ,,.--"'"·· >-. !!!=~===~== • THIS SUi'kY •' ,, "{/ l(,~!1.,tflf[;l'lf07.J, ~ ! ·. 010'9 ~• _. •..• ,···'\,,,,,J ')'··,,,:.;:· .-./ :GEND ~ """"' - . 1&t.3 Z,' ,:""' .. ~----.. ,0-FOOND IIOMA/OIT \ swo,·Jrc .. /"''·=·-=·1,,. t<C P~c~J. t =· _,-, .t·. ...-~-::-,; ~ "' '}, { ~ .,'.ctLI .,.,... .. ,·· t .. ,,,,.,· <>•,...-=---· ;1 ~t;?c.~4£) .. ,,. ,-~:;:: ··---~~::~5~"-~¢~~::f ~~~-- ~1 &ti .-./ ./10205 _/· ,,,,,-·-~·t;· I , · ·-,..'~~~~~ ~. Ir..,,:;! .,, .. ,..,,,c.,tO'f .,,,· .,· :,i • ,:,,~ 0735 • o, t;!fl.OOtl. .,. " I !I!·-• ,,... .,· .,· f 1116 • n.is saMl': 11!11,f ~ '1fTl«xlT TH£ BDDrr or -·:,. • . X ?7 I It ~ ~))ft£ IIVOlrt mD THtR£FORt: txJt:S NOT : ·•:~. ,,,< ;; _;•'' I :; ,011-a 2 PUIIPOIIT Ill SHOW AU EAS£MrNIS OIi RESTIIICTIDHS ·::,. zm'w :: .;· • .·.· ..... ,,,.. 51 1 , l OF~ 1' Nl'f I, l.. .. _., ...... ..,_. .. _,·; ___ ,,_ •. .J.,· iits~ t cot I • ·,~ \ Ir, . ~ T S6rOl'M'C :: :, ~ ;. ·• i i ! i :I .. .. ,, ...... -· :I~ ... ,,./ .. _ : i ;;:· ..:· I -I I : so ,.,. .. -··~ ~ . . ;· I !ii: I SURVEYOR'S CERTIFICATE 4oz . . : Ntlr04'U'r • • :m.s,,• • I ,,[ 1,o'l' ¥-··-··-.~-··-··-a·-··-.. ·-··-··-··-+ . mr.;-~r~ASUl'l'El'_.11r11EQ#f . \ 'fiV' , : · l · . ~ :::~"~Tr11'Mll&'~u I~ I '1 ' ' ....... l, 90134 . ·' : 1 rr.i fRN/1( 8CD(JI.IN, IN M.Y, lff7 . ~ , ..... , J'-901 00. .., . I ·(f;' I ' : ., ,.,, •• ,.,._.. ·. ~ ,,ff;; )7~ I P 1-' ' . , ....... r---------------------1 J(CS. ~,,·.;· .. .,· 1' (~ . D. C1IONES LS; 2"31 I I I ., .. ji•· la E-,; • I 'l' t2 ~·· :·1,01' .... · I .'=f'I""' I I co I .-.-1',,· ~ ...... ~ , 0,01 . .. I o'l' * : : ... :·, .. { J, I r,:I. L I I ' ~;,· : ' ' J ' J L ___ ; ________________ j__ ______________ _j_ _______________ .. , .. .::· . J..,:· 4--+---------~" ~a » + /UllFOR~·lldu;.,;=-tw.~iF ' •• ,n,;Ar I ....._ ---SE 136TH STiiEET ------------4---I~""'-11SOOKJ..!.,t.!'o,S!*MY$A1"M".t"..-.i.L,.,ATI!£ CDtTE1I Of !l«11('Jfl ,~ • ,, , •• 'iMF~ .JAI'~"'tM/;Jrw. ··r~ ... RECOJIDING CERTIFI~fi ./:> THAT PORTION OF THE SW 1/4. NE 1/4, SECTION ~ TOWNSHIP ~ NORTH, RANGE _5_ ~. lr.1,t ~ "' I el ~ I ~ . l :,.._ ~ t~ ".s V) ! !s L,,_ ~ (/) C) ., .... c:i 3 a:: C) c;l a:: :1~1~~1~1 I I i ~ I ~ I::'! It 1{~1, .. / II~~~.!' ili,~a· .. ·~ .i:.'' .,::sm:rr ·.· .. \y,.1 --. RECEIPT EG00009194 BILLING CONTACT Justin Lagers ACH Homes, LLC 9675 SE 36TH ST, SUITE 105 MERCER ISLAND, WA 98040 REFERENCE NUMBER FEE NAME LUA 13-000704 PLAN -Final Plat Fee Technology Fee Printed On: 6/4/2013 Prepared By: Vanessa Dolbee ---===~=· ,, 4, P', City ofr._ , t) /,ii;)Wl,~.. ..'UJ:Q)-' WJ.·'i'"'. -\ f,~··' \. ,JI ~ , ,.,, TRANSACTION TYPE Fee Payment Fee Payment ~\".' Transaction Date: June 04, 2013 City of Renton Planning Division JUN-7,,,. "'-IJ PAYMENT METHOD Check #31078 Check #31078 SUB TOTAL TOTAL AMOUNT PAID $1,500.00 $45.00 $1,545.00 $1,545.00 Page 1 of 1