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Some of these have been recorded and I am supplying a list on new parcel numbers with the new addresses. If the plat is not recorded (NR), I am only giving you the plat map with the new potential addresses written on it. Please add these addresses to your City directories and maps, Bob Singh Plat Canyon Terrace Plat (NR) Copperwod (NR) Dhillon Short Plat (NR) Enclave at Bridle Ridge Plat (NR) Greenleaf/Panther Lake Plat Highlands Park Short Plat (NR) Jason's Short Plat Jassen Short Plat Jefferson Glade Short Plat (NR) Kelsey's Crossing Plat Kennydale Vue Point Short Plat (NR) Lord Short Plat/3307 (NR) Maertin's Ranch/Concord Place Plat (NR) Morris Ave Short Plat (NR) Nantucket Avenue Short Plat (NR) Sidhu Short Plat (NR) Skagen Short Plat (NR) Talbot & 55th Plat (NR) Vuecrest II Short Plat (NR) Whitman Court Townhomes PH II Plat (NR) incerely, *aA�_- Jan Conklin Energy Plans Examiner Development Services Division Telephone: 425-430-7276 #1:platadd Renton City Nall • 1055 South Grady Way • Renton, Washington 98057 - rentonwa.gov Lv vj -I Y-000300 N i 120TH AVE SE. 31.Jr 44M' Z7 L MINRS � Ll 1 � 5, ,+vtm m A ,.�.x• C s\ S � m a gg� " � v off} it OO =xa� a C l 11 n as U� aoz o C 7C n� m cm Vj c.zm Z 4� Q K90 >rr,m zm�E Z:N? 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L s\ � m a gg� -� OO =xa� R L � m a gg� -� OO =xa� a a� 111I.A2 � u � Kelsey's Crossing Recording #20140730000358 Major #381280 Retired Parcels: 6199000160 and 6199000161 Retired address 12004 SE 192nd St - Dema'd in 2006 Full Address Municipality tat Number Parcel Number 12002 SE 191st PI RENTON 1 3812800010 12008 SE 191st PI RENTON 2 3812800020 12014 SE 191st PI RENTON 3 3812800030 12020 SE 191st PI RENTON 4 3812800040 12026 SE 191st PI RENTON 5 3812800050 12032 SE 191st PI RENTON 6 3812800060 12038 SE 191st PI RENTON 7 3812800070 19150 120th Ct SE RENTON 8 3812800080 19156 120th Ct SE RENTON 9 3812800090 19162 120th Ct SE RENTON 10 3812800100 19163 120th Ct SE RENTON 11 3812800110 19157 120th Ct SE RENTON 12 3812800120 19151 120th Ct SE RENTON 13 3812800130 Drainage Tract Tract B 3812800140 CITY OF RENTO- - DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: July 14, 2014 To: City Clerk's Office From: Sabrina Mirante SuWect: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Project Name: Kelsey's Crossing LUA (file) Number: LUA-14-000300, FP Cross -References: AKA's: Project Manager: Tan Illian Acceptance Date: March 12, 2014 Applicant: Jamie Waltier, Geonerco Owner: Jamie Waltier Contact: PID Number: 6199000160, 6199000161 ERC Determination: Date: Appeal Period Ends: Administrative Decision: Date: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Appeal Period Ends: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: f=inal Plat for Kelsey's Crossing Location: 12004 SE 192r"d St Comments: ERC Determinationsypes: DNS - Determination of Non-5ignincance; ur4b-m - ueterminanon or Non -Significance -Mitigated; DS - Determination of Significance. Ing DEPARTMENT OF COMMUNITY' AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: July 17, 2014 TO: Iwen Wang, Finance Administrator FROM: Jan Illian x 7216 SUBJECT: KELSEY'S CROSSING FINAL PLAT MYLARS FOR SIGNATURE LUA14 - 000300 PARCEL #s 6199000160 /6199000161 Iwen, Here are two sets of mylars for Kelsey's Crossing final plat for your review and signature. The following has been completed: • The final plat was approved by the Hearing Examiner on July 3, 2014. • All construction permit fees have been paid. • The impact fees will be paid at building permit issuance. • The inspector has signed off the construction permit. Please contact me when they have been signed and I will stop by and pick them up. Thank You. iAprojectslkelcey's crossinglplat to iwen.doc DEPARTMENT OF COMMUNITY" City of.AND ECONOMIC DEVELOPMENT PLANNNING DIVISION DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: Harbour Homes LLC Kelsey's Crossing Final Plat (Preliminary Plat LUA08-069) File: LUA14-000300FP 12004 — SE 192"d Street SE % Section 33, Twp. 23 N. Rng. 5 E. Final Plat for 13 single family residential lots, with storm and streets. Water and sewer service is provided by Soos Creels Water and Sewer District. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. 2. 3. 4. 5. 6. 7. 8. 9. The applicant, Harbour Homes LLC, filed a request for approval of a 13 -lot final plat. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials were entered into the record as Exhibit No. 1. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non -Significance on August 25, 2008, for the subject proposal. The subject proposal was reviewed by all departments with an interest in the matter. The subject site is located at 12000—SE 1921h Street. The plat is located in Section 33, Twp. 23 N. Rng. 5 E. The subject site is a 2.02 acre parcel. The Preliminary Plat received approval from the City of Renton on November 10, 2008. The property is located within King County R-6 Zoning. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. � L� City of Renton Department of Community & Economic Development Final Plat Report & Decision KELSEY'S CROSSING FINAL PLAT LUA14-000300, FP -- Page 2 of 7 10. The proposed Kelsey's Crossing Preliminary Plat was accepted by King County prior to annexation to Renton. Following annexation, the King County preliminary plat conditions were amended, and the applicant has complied with the amended preliminary plat conditions. AMENDED CONDITIONS OF APPROVAL FOR KELSEY'S CROSSING PRELIMINARY PLAT The proposed subdivision of Kelsey's Crossing Plat, as accepted by King County for complete application on September 12, 2007, and granted preliminary plat approval by the City of Renton on November 10, 2008, is granted approval of minor amendments to the preliminary plat, subject to the following conditions of final plat approval: Hearing Examiner's Conditions as amended by Neil Watts, Director of City of Renton Development Services Division in the letter to Jamie Waltier of Harbor Homes, LLC, dated May 17, 2012, and clarified in the letter to Jamie Waltier of Harbor Homes, LLC, dated June 6, 2012: 1. Compliance with all platting provisions of the Renton Municipal Code (RCM) 4-8-110. Response: The final plat has been prepared in compliance with sited code. 2. Original condition deleted. 3. The plat shall comply with the King County base density (and minimum density) requirements of the R-4 zone classification in place in King County on December 11, 2006. All lots shall meet the minimum dimensional requirements of the R-4 zone classification and shall be generally as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat, which do not result in substantial changes, may be approved at the discretion of the City of Renton Community & Economic Development Department. Response: The final plat has been prepared in conformance with the preliminary plat and meets the density and dimensional requirements of the R-6 zone classification. All future houses within the plat shall substantially conform to the guidelines listed in Renton Municipal Code (RMC) 4-2-115 Residential Design and Open Space Requirements. The City shall review and approve modifications from strict adherence to the prescribed standards provided the applicant demonstrates design alternates meeting the spirit and intent of the guidelines. Response: This condition shall be met by action taken by future home builders and The City of Renton. Any plat boundary discrepancy shall be resolved to the satisfaction of the City of Renton Community & Economic Development Department prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance, which indicates an encroachment, lines of possession or a conflict of title. Response: There are no boundary issues to resolve. 4. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended (2007 KCRS), or as otherwise modified by agreement between the City of Renton Development Services Division and the applicant per RMC 4-9-250D. City of Renton Deportment of Community & Economic Development Final Plat Report & Decision KELSEY'S CROSSING FINAL PLAT LUA14-000300, FP --_-- f Page 3 of 7 Response: The approved construction plans have been prepared in accordance with required standards. This condition will be met by the completion of construction of the site improvements, as shown on the approved plans S. The applicant must obtain the approval of the City of Renton Fire Department for the adequacy of the fire hydrant, water main, and fire flow standards of RMC 4-5-070. Response: Cory Thomas, City of Renton Fire Department Plan Review/ Inspector, has inspected the plat and given his approval 6. Final plat approval shall require full compliance with drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval, which represent portions of the drainage requirements. All other applicable requirements in K.C.C. 9.04 and the King County Surface Water Design Manual (KCSWDM) must also be satisfied during engineering and final review . Response: The approved construction storm drainage plans have been prepared in compliance with the required codes. a_ The drainage plans and analysis shall comply with the 2005 King County Surface Water Design Manual (KCSWDM) and applicable updates adopted by King County_ City of Renton Development Services Division approval of the drainage and roadway plans is required prior to construction. Response: The approved storm drainage plans have been prepared in compliance with the required codes. b. Current standard plan notes and ESC notes, as listed in the 2005 KCSWDM, shall be shown an the engineering plans. Response: The approved construction plans include the required notes. c. The following note shall be shown on the final plat: ""All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings # on file with the City of Renton Development Services Division. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." Response: The required note has been included on the final plat. 7. To implement the required Best Management Practices (BMPs) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. The requirements for best management practices are outlined in Chapter 5 of the 2005 KCSWDM. The design engineer shall address the applicable requirements on the final engineering plans and provide all necessary documents for implementation. The final recorded plat shall include all required covenants, easements, notes, and other details to implement the required BM Ps for site development. City of Renton Department of Community & Economic Development Fina! Plat Report & Decision KELSEY'S CROSSING FINAL PLAT LUA14-000300, FP - — - — -- - ---- - _ _. Page 4 of 7 Response: The approved engineering plans and technical information report have been prepared and demonstrate compliance with the stated standards. BMP restrictions regarding maximum impervious surfaces have been included on the final plat. 8. Drainage adjustment L08VO030 has been approved for this project. All conditions of approval for this adjustment shall be met prior to engineering plan approval. Response: The approved engineering plans have addressed necessary conditions. 9. The following road improvements are required to be constructed in lieu of the original King County street standards: a. The internal access road (SE 191st Lane) shall be improved with 26 feet of paving, vertical curbs, and gutters on both sides, a six foot planting strip and a five foot sidewalk. The planting strip and sidewalk shall be on the south side of the street, and parking shall be limited to only the south side of the street. Response: This condition has been met by the completion of the site improvements, as shown on the approved construction plans. b. The frontage along SE 192nd Street must be improved per City of Kent standards, including curb, gutter and sidewalk improvements. These improvements will require a separate construction permit from the City of Kent. Response: This condition has been met by the completion of the site improvements, as shown on the approved construction plans. c. Additional right-of-way dedication along SE 192nd Street will only be required if needed for the Kent required street improvement design. Response: This condition has been met by the appropriate conveyance to the City of Kent, by deed recorded under Recording Number 20130729000867. d. The frontage improvements along 120th Ave SE shall include a new vertical curb and gutter 13 feet from centerline of the right-of-way. An eight foot planting strip and five foot concrete sidewalk are also required. The radius improvements at the intersection with SE 192nd St must be per City of Kent requirements, along with any associated right-of-way dedication for the radius. Response: This condition has been met by the completion of the site improvements, as shown on the approved construction plans. e. The private access easement for Lots S through 13 shall be paved to a minimum width of 20 feet, with a minimum pavement depth of 4 inches of asphalt over six inches of crushed rock. Response: This condition shall be met by the completion of the site improvements, as shown on the approved construction plans. 10. All utilities within proposed rights-of-way must be built and approved per RMC 4-7-200 prior to final plat recording_ Response: This condition has been met by the completion of the site improvements, as shown on the approved construction plans. City of Renton Deportment of Community & Fconomic Development Final Plot Report & Decision KELSEY'S CROSSING FINAL PLAT LUA14-000300, FP Page 5 of 7 11. The applicant or subsequent owner shall comply with the applicable City of Renton traffic mitigation fee schedule or applicable impact fee schedule in place at time of fee payment. The applicant has the option to either: (1) pay the traffic mitigation or impact fee at the final plat recording, or (2) pay the mitigation or impact fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of final plat application and a note shall be place on the face of the plat that reads, "All traffic mitigation or impact fees required by Renton Municipal Code have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. Response: The developer has elected to postpone the required payment to the time of building permit issuance. A note disclosing the required payment has been included on the final plat. 12. Lots within this subdivision are subject to Renton Municipal Code 4-1-160, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to the building permit issuance. Response: A note disclosing the required payment has been included on the final plat. 13. The intention of these off-site pedestrian improvements was to provide pedestrian route, approximately 2500 feet from the site to the Benson Glen Elementary School approximately. The route was to have a minimum paved shoulder for pedestrian use along the existing paved lanes. The route listed by the conditions was north on 12th Ave SE, then east on SE 188th St to 116th Ave SE. Review of the area shows that this level of pedestrian improvements already exist from the site to the school. This route is going east along SE 192nd St and then north on 116th Ave SE, which is the same distance as the route listed in the original condition. Since the goal expressed for this condition already is met by existing street improvements, Condition #13 is satisfied with the existing completion of an equivalent alternate pedestrian route from the site to the Benson Glen Elementary School. Response: This condition has been satisfied, as acknowledged by the City of Renton in the condition. 14. The applicant may comply with the original condition to provide suitable recreation space as part of the plat development, or pay the Parks Mitigation or Impact fees prior to the final plat recording, using the fee schedules in effect when the plat receives final approval. If the applicant chooses the option to provide suitable recreation space, the detailed plan rewired under section (a) shall be submitted for review and approval of the City of Renton Community & Economic Development Department and Parks Department instead of DDES and King County Parks. Response: The applicant has chosen to pay the Parks Impact fee in lieu of providing the recreation space improvements. All required fees will be paid prior to final plat approval. 15. A homeowners' association or other workable organization shall be established to the satisfaction of the City of Renton Community & Economic Development Department, which provides for the ownership and continued maintenance of the recreation tracts. Response: This condition shall be met by action taken by the developer. Proof of incorporation has been provided with the final plat submittal. City of Renton Deportment of Community & Economic Development Final Plot Report & Decision KELSEY'S CROSSING FINAL PLAT LUA14-000300, FP Page 6 of 7 16. Street trees shall be provided as follows.(per KCRS 5.03 and K.C.C. 21A.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. Response: This condition has been met by the installation and completion of the landscaping, as shown on the approved plans. b. Trees shall be located within the street right-of-way and planted in accordance with drawing No. 5-009 of the 1993 King County Road Standards, unless City of Renton Development Services Division determines that trees should not be located in the street right-of-way. Response: This condition has been met by the installation and completion of the landscaping, as shown on the approved plans. c. If City of Renton Development Services Division determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. Response: This condition has been met by the installation and completion of the landscaping, as shown on the approved plans. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the city has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. Response: The required note has been provided on the final plat. e. The species of trees shall be approved by City of Renton Development Services Division if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit -bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. Response: This condition has been met by the installation and completion of the landscaping, as shown on the approved plans. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by City of Renton Development Services Division prior to engineering plan approval. Response: The required bond quantity sheet is included in the first submittal of the final plat. g. The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if SE 192nd St is on a bus route. If SE 192nd St is a bus route, the street tree plan shall also be reviewed by Metro. Response: The plan has been reviewed by Metro. See the e-mail from David Korthals with King County Metro Transit, dated February 13, 2014 to Mr. Maher Joudi confirming that SE. 192nd Street is not on a bus route. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the City of Renton Department of Community & Economic Development Fina! Plat Report & Decision KELSEY'S CROSSING FINAL PLAT LUA14-000300, FP ----Page 7 of 7 maintenance bond may be released after City of Renton Development Services Division has completed a second inspection and determined that the trees have been kept healthy and thriving. Response: This condition shall be met by action taken by the developer and the City of Renton. i. A landscape inspection fee may also be required prior to plat recording. The inspection fee is subject to change based on the current city fees at time of final plat recording. Response: This condition shall be met, if required, by action taken by the developer. 17. To implement appropriate tree retention standards under RMC 4-4-130, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention plan (and engineering plans) shall be consistent with the requirements of RMC 4-4- 130. No clearing of the subject property is permitted until the final tree retention plan is approved by Renton Development Services Division. Flagging and temporary fencing of trees to be retained shall be provided, consistent with RMC 4-4-130. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around the preserved trees, except for grading work permitted pursuant to RMC 4-4-130. No clearing or grading of the site shall occur until CED approves the detailed tree retention plan. Response: The required tree retention plan has been submitted to the city. The tree retention plan and approved engineering plans have been prepared in compliance with thegted code. G 18. All future residences constructed within this subdivision are required to be sprinkled (NFPA 13D) unless all portions of the exterior walls of structures will be within 150 feet (as a person would walk via an approved route around the building from a minimum 20 -foot wide, unobstructed driving surface. To qualify for removal of the sprinkler requirement, driving surfaces between curbs must be a minimum of 26 feet in width when parking is allowed on one side of the roadway, and at least 32 feet in width when parking is permitted on both sides. Response: The approved construction plans have been prepared to provide the required unobstructed driving surface eliminating the sprinkler requirement. CONCLUSIONS: The Final Plat satisfies the conditions imposed by the preliminary plat process. RECOMMENDATION: The Hearing Examiner approves the Final Plat with the following conditions: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2. All applicable fees shall be paid prior to the recording of the plat. SUBMITTED THIS 12th DAY OF June 2014 ING DIVISION CITY OF RENTON JUL 0 3 2014 I REcELVED 2 CITY CLERKS OFFICE 3 4 5 6 7 8 BEFORE THE HFARING EXAMINER FOR THE CITY OF RENTON 9 ) ] 0 RE: Kelsey's Crossing FINAL PLAT APPROVAL 11 Final Plat 12 LUA 18f 000300 FP } } 13 } 14 Summary 15 16 The applicant has applied for final plat approval. The final plat is approved. 17 Testimony 1.8 No hearing is held on final plat applications. 19 20 Exhibits 21 The following documents were considered in evaluating the application for final plat: 22 1. June 12, 2014 memo from Jan lllian to Phil Olbrechts. 23 2. June 2, 2104 staff report. 3. Amended conditions of approval letter 24 4. Vicinity Map 25 26 Findings of Fact FINAL PLAT - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Procedural: 1. Applicant. Harbour Homes 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 13 lot subdivision. The City of Renton approved the preliminary plat on November 10, 2008. The final plat encompasses 2.02 acres and is located at 12000 -SE 192"d St 4. Consistency with Preliminary Plat Conditions. The applicant has complied with all preliminary plat conditions of approval, as detailed in staff report, Ex. 2, 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 4-7-110(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 4-7410(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 subject to the following conditions: 1. All plat improvements are constructed and accepted by the City. 2. All applicable fees shall be paid prior to the recording of the plat. Dated this 3rd day of July, 2014. FINAL PLAT - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) and/or RMC 4-8-110(F)(1) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(8) and RMC 4- 8-100(G)(4). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7th floor, (425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. FWAL PLAT - 3 DEPARTMENT OF COMMUNITY �� AND ECONOMIC DEVELOPMENT U� M E M O R A N D U M DATE: July 21, 2014 TO: Gregg Zimmerman, Public Works Administrator FROM: Jan Illian x 7216 SUBJECT: KELSEY'S CROSSING FINAL PLAT MYLARS FOR SIGNATURE LUA14 - 000300 PARCEL #s 6199000160 /6199000161 Gregg, Here are two sets of mylars for Kelcey's Crossing final plat for your review and signature. The following has been completed: • The final plat was approved by the Hearing Examiner on July 3, 2014. • All construction permit fees have been paid. 0 50% of the school fees will be paid prior to recording. The impact fees will be paid at building permit issuance. • The inspector has signed off the construction permit. Please contact me when they have been signed and I will stop by and pick them up. Thank You. i:lprojectslkelcey's crossinglplat to gregg.doc KELCEY'S CROSSING FINAL PLAT LUA14-000300 1. As Built mylars submitted 2. Asbuilt street light mylars submitted. PSE Lighting 3. Street lighting finaled. PSE Lighting 4. Monument cards submitted 5. Inspector signed off construction permit 6. Final Cost Data, Bill of Sale, and Maintenance Bond posted 7. All applicable permit fees are paid S. Planner approved final plat 9. All wetland plans, construction issues approved. Not Applicable 10. Technical Services recommends approval 11. Check for courier 12. HOA and CRRs approved 13. Fire approval received. 14. Two year Maintenance and Defect Bond in place RECEIPT EG00026244 BILLING CONTACT GEONERCO PROPERTIES WA LLC 1441 N 34TH ST, 200 SEATTLE, WA 98103 t Cityaf,� �, � A Transaction Date: July 21, 2014 REFERENCE NUMBER FEE NAME TRANSACTION PAYMENT AMOUNT PAID TYPE METHOD LUA14-000300 SCHOOL - Renton Impact Fee - SF Fee Payment heck #52178 $35,457.50 SUB TOTAL $35,457.50 TOTAL $49,521.63 Printed On: 7/2112014 Prepared By: Jan Illian Page 3 of 3 RECEIPT EGO0026243 city of Transaction Date: July 21, 2014 BILLING CONTACT GEONERCO PROPERTIES WA LLC 1441 N 34TH ST, 200 SEATTLE, WA 98103 REFERENCE NUMBER FEE NAME TRANSACTION PAYMENT AMOUNT PAID TYPE METHOD LUA14-000300 1 IMPACT - Park - SF Fee Payment heck #52179 $12,519.13 SUB TOTAL 1 $12,519.13 TOTAL $14,064.13 REMAINING BALANCE $35,457.50 Printed On: 712112014 Prepared By: Jan Illian Page 2 of 2 SODS CREEK WATER & SEWER DISTRICT 14616 S.E. 192nd St. • PQ. Sox 58039 • Denton, WA 98058-1039 • Phone (253) 630-9900 • Fax (253) 630-5289 Certification of Water Availability for the Plat of.. Kelsevs Crossing Saes Creek Water and Sewer District cerlifies heresvilh that the water si stem installed in the referenced plat has been accepted far maintenance and operation. This water sffleni furs been incorporated into the District's wader system rind service will he provided to the connecting properties on the sauce basis and ander the sante conditions as all other customers of the writer district. All lots/units wilhin the pfat of.- Kelsevs Crossing now have grater available ky service connection. A writer ureter application must he ohlauned cit Me Sans Creek Water and Sewer District of prior to rurrrrectirirr. Run Speer% District Meme er cc Local Fire Department Vondqy, MaT 05. 2014 www. sooscreekcom Page 1 of ! SODS CREEK WATER & SEWER DISTRICT 14616 S.E. 192nd St. • 20, Box 58039 • Renton, WA 98058-1.039 • Phone (253) 630-9900 • Fax (253) 630-5289 Certification of Sewer Availability for the Plat of: Kelseys Crossing Soos Creek 1Wmer and Sewer District certifies herewith ural lire seiner s'rstem insudled in the referenced plat hus been uccepled for maintenance and operution. This sewer Yrstent hits heen incorporated into lite District's sewer gstem and service will he provided to the connecting properties on the same basis stud under the some conditions as al/ other customers of the sewer (fistrict. All lots/units within the plat of Kelseys Crossing now huve server available hv side sewer connection. A side sewer permit muss he obtained at the Soos Creek 11'rtter curd Sewer District office prior to connection. �Z64i Ron Speer District Nfamrger AlondifY, Ma.), 05, 2014 www.sooscreek.com hkef(if t RELM ADDRESS: *1,5ouI;d Inc. {HMP) �'"y Puget ,,r Zo" tparlmo p 06W ,O 13 97034 1 EST- �Sl W.4 95000 REFERENCE GRANT104i- GRANTEE: SHORT LEGAL; ASSESSOR'S PR 131003001544 PLIGEY SOUND EN EAS 73.0@ PAM i"I OF NZ 10/0/2013 15:11 KING COUNTY, , UA "EASEMENT ORIGINAL EXCISE TAX NOT REQUIRED i of Offl*23145E 11f PARCEL: 15119900-01160'AQ,D61911100-0161 Kjn RVS n V J v . Aw4aaff tdaj�F Ir4 Depu( For and in consideration of 'One Oollar.11,00) anis other vakiakJe consideration in hand paid, GEONERCO PROPERTIES WA, LLC, BIW6shindion Ornw Liability . W14'. CorIV&PY forari'tor'""" herein), hereby conveys and warrants to PUGET SOUND ENERGY, IN C., a wo�shi6gton Corporation (^134ntee* heroin), for the purposes hereinafter set forth, a nonexclusive der .kial.iaseinqht over: -Wder. along i3croes and through the following described real property ('Property" herekh}j.o King County, Wiiiking�lqn:,,: PARCEL A: llztAqT 8,. NORTHWESTERN GARDEN TRACT6,''bM.. NO.' ;GEO) 90 4CING. COIJO".,-5 AA,6C DING T " THE PL THEREOF :RECORDED IN VOLUME 47 RAPLATS?: WASHINGTdh; EXCEPTT-HE EAST65 FEET OF THE WEST 141 FEET OFtHE SOUTH 155 FEET THEREOF,-" PARCELS-, THE:: EAST 65 FEET OF THE WEST 141 FEET OF THE SOLITiI 155 -FEET OF TRACT 8, NORTHWESTEAN GARDEN TRACTS, DIV. NO. 5, ACCORDING ft -THE PLAT THEREOF RECORDED IPCVOLUME 47 OF PLATS, PAGE(S) 90, IN KING COUNTY, W* !NGTOH. Except as Maybe otherwise set forth.. herein Grantee's rights shall be exercised upon twk. n of the Prop" ('Easq!nent Area" horeo) despribod as follows: tASEIIIENT No. 1.'-* ALI;'STRAETS,MVIIIOAD RIG14TS-OF-WAY (BOTH PRIVATE AND PUBLIC) AS NOW OR NFReAFfER EkSIGOE,0 PLATTED,, ANDIOR CONSTRUCTED WITHIN THE ABOVE DESCRIBED PRO0IiR-(Y. (WIjtN SAI ' 0 :' STREETSL AND ROADS ARE DEDICATE[) TO THE PUBLIC, THIS CLAUSE SHALL BECOME P VC� LAN D-) EASEMENT No. 1s.,A-'sT1qiP OF LAND 16TEtT IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATED WITHk THE ABOVE DESIZRIBEQ: 'PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE 80 UMDAiU9j.QF SAID PRIVATE AND PUBLIC STREETS AND ROAD RIGHTS- OF-WAY. E EMENT N4 A STRIP OF 1°1.'550 TEN FEET IN WID*�LYING PAOALLF;L WITH AND ADJACENT TO IZU AVENUE SE. 1. Purpose. Grantee shall have the right..- qs4 the e amimen ' (:Anaa to cortstruci;- operate, maintain, repair, replace. improve, remove, and enlarge one or more &ffq'systiemi for purposes q(.tqinsmlision, distribution and safe of gas and electricity. Such system may Include, but are not limited to; Underground facilities. Pipes, pipelines, -';rnsiris, loW919, coMuits. if6gkdatorii�.and feeders, for gas; conduits, lines, cables, vaults, switchei'aPd traRslloriners.lr electricity; fiber Optic cable and other lines, cables and facilities for comrnunlcjtlofks; sjrn� iJried-'Qi ground4murod facilities including allset lights and pads, manholes, meters, fiiiiturft, atochroe6ts andany one all other facilities or appurtenances necessary or convenient to any iWall of the fwgoIrjd,',. Following the initial construction of all or a portion of its systems. Grant" pay, from time to time, construct such additional facdities as it rney require for such systems. Grantee shall have the right of , ae6iss to the Easement Area over and across the Property to enable Grantee to exercise Its rights hereunder.:. Grantee`§hal conrlipen4ate Grantor for any damage to the Property caused by the exercise of such right of access Kelsey's Creasing LIG Gas Electric Easement 10!1003 W0910507345 6 107047765 RW -M207 Page 1 of 2 ■ h 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any #nd aV brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on a continuing be" and by any prudent and reasonable means, the establishment and growth of brash, Mess or other vegetaticik in tho Easement Area. 3. .;Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any puCpo9b nct lnconsistenl with the rights herein granted, provided, however. Grantor shall not construct or maintain arjl bulld s, structures or other objects on the Easement Area and Grantor shall d0 no blastng within 300 feet of ltntee's,?iCizu. without Grantee's prior written consent. .-4. IhdemnitT! Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Gralitee's negligence in the exerdse 60he rights herein granted to Grantee, but nothing herein shall require Grantee to indegirlity Grerytor far that portion of'any such liability attributable to the negligence of Grantor or the 6egkonoe.4 others. A[iandonri errt ` Thg rights herein gmrited shall continue until such time as Grantee ceases to use the Easement. Aria for a j eliotf of ft. e'(-$) suocessjydyears, jn yvhieh event, this easement shall terminate and all rights hereunder; a. ►d any improGemehts remaining ill the Eos# iont!Area, shall revert to or otherwise become the property of Grantor, provided, ho.wevef, thai no 6boWdonmerii shall be deemed to have occurred by reason of Grantee's failure to initially l4tall its sys*msmn thi Ea3;emenl Area vidthin any period of time from the date hereof. 6. Successors-iend Aisign . Grantee shall have, the right to assign, apporlion or otherwise transfer any or all of Its rights, benefits, pAyllages and interims: arising In and under this easement. Without limiting the generality of the foregoing, thg rights and 6bligpt;ons,nf the padies shall inure to the benefit of and be binding upon their respective successors andesogns. GATED this Z-5 day of : .2013. GRANTOR: GEONCOP PERTIES WA, LLC BY: •' ITS: i STATE OF WASHiNGTON C(i)NTYOf.­K,;+ )) On this Z }' `, day'of .': r'""" �" 2013, before me, the undersigned, a Notary Public in and fdr the,.' Stetsof Washirglerr,. duly commissioned and sworn, personally appeared [9 sd �s NaEtMer_L '' to me known to be the person(s) who signed as Ms ...-fir r of GEONERCO PROPERTIES WA, LLC, the Washington limited IiabAq comp y thatexecuted the within and foregoing instrument, and acknowledged said instrument to be { s' free and voluntary acland deed and the free and voluntary act and deed of limited liability Company for iZuses and piirposks the:Min.mertloried; and on oath staled that F% a was authorized to execule the said instrurniht orr'behelf of #aid limil4 liability 0ompary. IN WITNESS WHEREOF I have hArewle set my hand 7ndial seal I day and year first above written. (sign re of Notary).:., b .r (P or sWrnpname of Notary)_.. NOTARY PUhLIC'in and rofte Stole of A -'Washington, residing at Afty tj .n.. /� My Appointmerd Expires: Tri Kelsey's Crossing UG Ges & Electric Easement 10/2003 WO#10507345 6 107047765 RW-086207 Page 2 of 2 Filed for Record at the request of SOOS CREEK WATER AND SEWER DISTRICT P.O. Box 58939 14616 S.E. 192nd Street Renton, WA 98058 Easement No.: 33-23-5-CIO50 Project Kelsey's Crossing Tax Parcel ID#: 6199000160 and 6199000161 Abbrev. Legal A portion of Lot 8, Northwestem Garden Tracts, Div. No. 5,Vol. 47, pg -90. Grantor(s): Geonerco Properties WA, LLC 1441 North 34" Street, Ste. 20O Seattle, WA 98103 Grantee_ SODS CREEK WATER AND SEWER DISTRICT AGREEMENT FOR EASEMENT THIS AGREEMENT, made this I day of 2014, by and between SODS CREEK WATER AND SEOVER DISTRICT, a municipal corporation of King County, Washington, hereinafter termed the "District', and Geonerco Properties WA, LLC, A Washington Limited Liability Company, hereinafter termed "Grantor, WHEREAS, Grantor is the owner of land at approximately the northeast corner of the intersection of SE. 192"d Street and 1200' Avenue SE., Iegally described as follows: See Attached Exhibit A Page 1 of 7 01 EASEMENT NO. 33-23-5-01454 WHEREAS, the District requires an easement for (check those that apply) ® Sanitary sewer line and appurtenances 0 Water main and appurtenances across Grantor's property at a location more specifically described herein below,, and WHEREAS, Grantor has title to said real property and is authorized to grant and convey this easement to the District. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration in hand paid, receipt of which is hereby aclmowle-dged, and in consideration of the performance by the District of the covenants, terms and conditions hereinafter set forth. Grantor hereby gram, conveys and quitclaims to the District the following easement: That portion of the above-described real property further described as follows: See Attached Exhibit B and as depicted on Attached Exhibit C 1, DISTRICTS USE OF PROPERTY. Said easement is for the purpose of installing, constructing, operating, inspecting, maintaining, removing, repairing, replacing and using gravity and pressure sanitary sewer mains, manholes and/or water lines and appurtenances thereto including all valves and fire hydrants (the "facilities"), together with the nonexclusive right of ingress to and egress from said portion of Grantor's property for the foregoing purposes. 2. USE OF PROPERTY BY GRANTOR. Grantor shall retain the right to use the surface of the easement if such use does not interfere with installation or maintenance of the facilities. Grantor shall not erect buildings or structures of a permanent nature; shall not install any other improvements including trees, large shrubbery, or fences; and shall not change surface grades, except as approved in advance by the District, in any manner which would unreasonably interfere with ingress, egress and access by the District for installation and/or normal maintenance of the facirdies. Such buildings, structures or improvements will be deemed an encroachment upon the District's rights, and Grantor shall be obligated to remove such encroachments at Grantors expense. Further, the provisions of Paragraph 4 hereof as to restoration shall not apply to any such encroachments in the easement area. Provided, however, that fences may be constructed which provide gate or other access approved in advance by the District. Page 2 of 7 EASEMIR4T NO. 33-23-5-C1050 3. RESTORATION AFTER ORIGINAL CONSTRUCTION. For original construction, Grantors property will be restored to a condition as good as or better than it was prior to the entry by the District. Where possible, photographs will be taken prior to construction to assure the completeness of restoration. Final restoration shall include, as appropriate, sod replacement in existing lawns, hydro - seeding in unimproved areas, and replanting or replacement of existing shrubs and bushes, where such will not unreasonably interfere with the District's use of the easement. Fences, rockeries, and concrete, asphalt and/or gravel driveways which do not unreasonably interfere with the District's use of the easement will be repaired or replaced. Large tries that exist within the easement area may be permanently removed during original construction unless otherwise noted in this easement document. 4. RESTORATION AFTER MAINTENANCE. If Grantors property is disturbed by the maintenance, removal, repair, or replacement of the facilities, the District shall restore the easement area to a condition as good as or better than it was prior to entry for such purpose by the District. 5. ATTORNEYS FEES. In case suit or action is commenced by either party, or their successors and/or assigns, to enforce any rights under this easement, or regarding an encroachment on the easement, in addition to costs provided by statute, the substantially prevailing party shall be entitled to an award of attorney's fees in such sum as the Court may adjudge just and reasonable. 6. EASEMENT TO BIND SUCCESSORS. This easement is permanent and shall terminate only upon agreement of the parties hereto, their successors and/or assigns. This easement. during its existence, shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of the parties hereto. 7. EXEMPTION FROM EXCISE TAX. The District is a municipal corporation with powers of eminent domain. This easement is granted for a public purpose. The District shall hold Grantor harmless from the imposition or payment of any excise tax based upon the conveyance of this easement. 8. INDEMNIFICATION AND HOLD HARMLESS. The District will indemnify, defend and hold harmless Grantor, and its successors and assigns, from claims for injury to person or property as a result of the negligence of Grantee, its agents and employees in the construction, operation or maintenance of the Facilities. Page 3 of 7 EASE II NI'NO. 33.23-5-CIO50 IN WJTN SS WHEREOF, Itwe have set my/our hand(s) and seats) this day of 20_1Y. Geonerco Properties WA, LLC, A Washington Limited Liability Company 1t%WA0X' LA'V-�)Member �Member STATE OF WASHINGTON) COUNTY OF KING ) ss. On this 7 day of p_r-/ , 20 before me personally appeared _ to me known to be the Manager andlor Member(s), respectively, of Geonerco Properties WA, LLC, A Washington Limited Liability Company, the Company that executed the foregoing insfturnent, and acimowledged said instrument to be the free and voluntary act and deed of said Company, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said insert. WITNESS my hand and official seal hereto affixed the day and year above written. F .,,eC BARIIyQ�ar. C.,o • Fx� •5��� NOTARY PUBLIC in and for the State of Washington , Oy �Np3ARY €�'esiding a#: � f ✓"# :a w-• �Mycommission expires: Z,I Puek)o '° o OF WAS. florin Ill w", Page 4 of 7 D.R. STRONG CONSULTING ENGINEERS JCDUC .AND WA 98033 LEGAL DESCRDMON: EASEMENT NO. 33-23-5-C 1050 DRS Project No. 12061 3131114 Parcel A: Tract 8, Northwestein Garden Tracts, Div. No. 5, according to the plat thereof recorded in Volume 47 of Plats, Page(s) 90, in King County, Washington; Except the Fast 65 feet of the Nest 141 feet of the South 155 feet thereof; and Except that portion thereof conveyed to the City of Kent by deed recorded under recording number 201307290©0867. Parcel B: The East 65 feet of the West 141 feet of the South 155 feet of tract 8, Northwestern Garden Tracts, Div. No. 5, according to the plat thereof recorded in Volume 47 of plats, Pages) 90, in King County, Washington; and Except that portion thereof conveyed to the City of Kent by deed recorded under recording numb 20I30729000867. Page 5 of 7 DIL STRUNG CONSULTING ENGINEERS ETRICLAND WA 98033 EASENNT NO. 33-23-5-C 1050 DRS Pmject No. 12061 3/31114 LEGAL DESCRIPTION OF WATER AND SEWER EASEMENT A strip of land 20.00 feet in width, over that portion of Lot 8, Northwestern Garden Tracts, Div. No. 5, according to the Plat thereof recorded in Volume 47 of Plats, page 90 records of King County, Washington, said strip having 10.00 feet on each side of the following described centerline; Commencing at the intersection of the east line of said Lot 8 and the north right of way margin of SE. 192nd Street, as conveyed to the City of Kent by Quit Claim Deed recorded under Recording Number 20130729000867, records of said county; thence N89033'09"W, along said north margin, 205.52 feet to TBE POINT OF BEGI]VN NG of the herein described centerline; thence NO2°01'20"E 144.25 feet to the terminus of said centerline. The sidelines of the above described strips of land shall be lengthened or shortened, as required, to intersect the north of way margin of said SE. 192ad Street Also known as the west 10.00 feet of Lot 10, the east 10.00 feet of Lot I 1 and Tract A, Kelsey's Crossing, according to the Plat thereof recorded under Recording Number records of King County, Washington. Page 6 of 7 EASEMENT N0. 33-23-5-01050 i I I j KEI.SEYS CROSSING FINAL PLAT LW PENUNG w — — L Z SE. 191 ST LANE N - — 20' SODS CREEK I 10' d WATER AND SEWER DISTRICT SEWER AND 13 U i WATER EASEMENT a 8 12 N JJ p J Icy J QtAPW SULE N8933'09"W 205.52' RKNT OF WAY PER DEED REG. NO. 20130729DOOSS7. SE. 192ND ST. E m► cs z 0 wwr 4� Z? 0 z 0 ry CWMMT 0 2M4. MX SUMM MMLEN MUNMm w- rn AU a06"M ss EXHIBIT C m ~= fir &ff SPAS CREEK WAMRAW SEWER DISTRICT DA y Am 4aw SEWER /WATER EMSWENT ARGAW AKU � .iww wars. �aawr awr 7 cF 7 ICELSEY'S C.ROSWAAG FIA14L PLA T � ...�,�— PLAN REVIEW COMME -S (LUA14-000300) C City of, yP` PLAN ADDRESS: SE 12004 192ND ST APPLICATION DATE: 0311012014 RENTON, WA 98058-7530 DESCRIPTION: Final Plat for Kelsey's Crossing Technical Services Bob MacOnie Ph: 425-430-7369 email: bmaconie@rentonwa.gov Technical Services Comments Created On: 04103/2014 Note the City of Renton land use action number and land record number, LUA14-000300 and LND-10-0510, respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Please note that the land use action number provided will change when this subdivision changes from preliminary to final plat status. Note the addresses and the street name on the attached on the plat drawing. The Plans No. cited under Private Drainage Easements should be "3680" and thus in agreement with NOTES AND RESTRICTIONS number 3. All vested owner(s) of the subject plat, at the time of recording, need to sign the final plat. For the street dedication process, include a current title report noting the vested property owner. Reviewer Comments Bob MacOnie Ph: 425-430-7369 email: bmaconie@rentonwa.gov Technical Services Created On: 04103/2014 Include the addresses document in Plan > Documents > Attachments with the comments. Addressing Review Jan Conklin Ph: 425-430-7276 email: jconkiin@rentonwa.gov Recommendations: Please correct street names - SE 191 st Place not Lane July 14, 2014 Page 1 of 1 Community and Economic Development Department C. E.`Chip"Vincent, Administrator June 4, 2014 Jamie Waltier Harbour Domes, LLC 1441 North 34th Street #200 Seattle, WA 98103 SUBJECT: Status Report of KELSEY'S CROSSING FINAL PLAT File No. LU 00300 -FP - Mr. Waltier: The purpose of this letter is to provide an update on the status of the final plat submittal. There are several outstanding items, which must be completed and resubmitted for a second review before project closeout can be completed and the final plat can be recorded. I am forwarding on the first set of comments from all departments. Please use this letter as a checklist to move the project forward towards final recording. Property Services Comments Property Services has reviewed the final plat submittal and has provided the following comments: 1. Note the City of Renton land use action number and land record number, LUA14-000300 and LND-10-0510, 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_ 2. Please note that the land use action number provided will change when this subdivision changes from preliminary to final plat status. 3. Note the addresses and the street name on the attached on the plat drawing. Please correct street names to 5F 1.91st Place not Lane_ 4. The Plans No. cited under Private Drainage Easements should be "3680" and thus in agreement with NOTES AND RESTRICTIONS number 3. S. All vested owner(s) of the subject plat, at the time of recording, need to sign the final plat. For the street dedication process, include a current title report noting the vested property owner. Planning Comments 1. Complete all landscaping requirements- Call for inspection. Fire Comments Corey Thomas has reviewed the final plat submittal and has provided the following fire comments: ]._ Complete water main and provide letter of completion from Soos Creek Water and Sewer District. Renton City Hall . 1 oSS South Grady Way • Renton, Washington 98057 • rentonwa.gov Kelceys Crossing Final Plat June 4, 2014 Page 2 2. Install hydrant markers and stripe any fire lanes as needed. 3. Contact Corey Thomas at 425-430-7024 for hydrant inspection_ Maintenance Agreement for Stai mwater 1. The City attorney will review the CC&R's, Stormwater Comments 1. Please add the following language on the face of the plat where applicable - Please address the flow control BMP requirement applicable on each individual lot by selecting the flow control BMP to be implemented before plat recording. Note the BMPs on the face of the plat. • Single family residences and other improvements constructed on the lots created by this subdivision must implement the flow control best management practices stipulated in the approved drainage study and plans No. on file with the City of Renton and as listed in the table below as well as any declaration of covenants and grants of easement recorded hereon. • All drainage easements within this plat, not shown as "PRIVATE" are hereby granted and conveyed to the City of Renton, a municipal corporation, for the purposes of conveying, storing, managing, and facilitating storm and surface water per the engineering plans approved for this Plat by the City of Renton together with the right of reasonable access (ingress and egress), to enter said drainage easement for purposes of inspecting, operating, maintaining, repairing and improving the drainage facilities contained therein. Note: except for those facilities which have been formally accepted for maintenance by the City of Renton, maintenance of drainage facilities on private property is the responsibility of the property owner(s). • The private drainage easement shown on Lots is for the benefit of Lots . The owner(s) of said lots shall be responsible for the maintenance of that portion of the drainage facilities they have benefit of use, and shall equally share in the maintenance of that portion of the drainage facilities that they use in common. • Private drainage easement: The owner(s) of private property within this plat encumbP-red with drainage easements shown as "private" hereby 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 said private property, single and several, are responsible for operating, maintaining, and repairing the drainage facilities contained within said drainage easement and are hereby 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 mowing) 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. Kelrey's Crossing RnaI Plat June 4, 2014 Page 3 • The City of Renton shall have the right to enter the private drainage easements shown hereon 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)'s cost. • The owner(s) of private property within this plat encumbered with drainage facilities required by plat design, covenant or condition, hereby grant and convey to the City of Renton, a political subdivision of the state of Washington, the right of reasonable access (ingress and egress) to enter said property for the purpose of observing that the owner(s) are properly operating and maintaining the drainage facilities contained therein. • The owner(s)s of said private property shall retain, uphold, protect the stormwater management devices, features, pathways, limits, and restrictions, known as flow control best management practices ("BMPs"), shown on the drainage study and plans No. on file with the City of Renton. • The owner(s)s of said private property are responsible for operating, maintaining, and repairing the stormwater management devices, features, pathways, limits, and restrictions, known as flow control best management practices ("BMPs") contained on said private property and are hereby required to obtain any required permits or permission from the City of Renton prior to filling, piping, cutting or removing vegetation (except for routine landscape maintenance such as fawn mowing) in open vegetated drainage facilities (such as rain gardens, etc.) or performing any alterations or modifications to the drainage facilities and/or designated flow paths contained within the private property. This covenant shall run with the land and is binding upon the owner(s) of said private property, their heirs, successors and assigns. Utility Improvements Punchlist - Completed Complete all utility, drainage, paving, grading, street lighting, landscaping, street improvements, including installation of all street signs for the project. This includes all punch list items from the Public Works Inspector and/or the City Maintenance Division. Please continue working with inspector, Tom Main, 205-999-1833_ The utility construction permit must be signed off by the inspector prior to recording of the plat. Please ensure all punch list items are complete, the project has a final walk through and permit sign off has been completed. Street lighting No comment. PSE lighting. As -Built Submittal The construction pian mylars must be checked -out from the sixth floor Public Works counter and updated or replaced with a complete As -Built plan set, All plan sheets, including those constructed per design, must be verified, stamped and signed as As -Built by a licensed surveyor or engineer. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all sanitary sewer, and storm drainage systems easements, which shall be consistent with the As -Built location of the utility. Once the above have been addressed, submit one set of As -Built blue lines of the civil drawings to me. The inspector will review the blue lines. If they are in order, I will call for the civil mylars to be returned. These final mylars must be submitted for our permanent records. The mylars shall be labeled "AS -BUILT" in a large block letters and stamped by a PE or PLS. Please provide a copV of the asbuilts for Soos Creek Water and Sewer Kelcey's Crossing Final Plat June 4, 2014 Page 4 Construction Cost data The Cost Data Inventory Form is to be completed and submitted with the Bill of Sale. The Cost Data Inventory must reflect the actual cost of construction in dollars (value) for each utility the City will own and maintain. Bill of Sale The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and Inventory Form. Include sidewalk, curb, gutter, storm, and storm vault to be owned and maintained by the City. Maintenance Bond A two year Maintenance Bond or Assignment of Funds is required in the amount of 20% of the grand total of the storm, streets, sidewalk, curb and gutter and storm vault costs as shown on the Cost Data Inventory form. The permit bond will be released upon receipt and acceptance of the maintenance bond or assignment of funds. Easements Separate utility easements, where applicable will be required to be submitted for review. Easement documents must be submitted, approved, and recorded by the City. Please submit all easements for our review and approval before signing and notarizing by the property owner. We will return for final signature and notarization once our Technical Services Section has approved the legal description and easement form. Please include legal description as "Exhibit A" and map showing location of easement as "Exhibit B". All Fees Paid 1. All outstanding fees paid. 2. Ensure any overtime inspection billed to the job is paid. 3. A check in the amount of $15.51 made out to Champion Courier will be required prior to recording. Please submit all correspondence and revisions to me and I will forward them on to the appropriate departments for further review. Please keep in mind each department has up to two additional weeks to review the corrections. if you have any questions please contact me at 425-430-7216. Sincerely, f Z-)��� {j:gn Illian U City of Renton Development Services 1055 - S. Grady Way 6th floor Renton, WA 98057 Phone: (425) 430-7216 [-mail, jillian@rentonwa.gov Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 BILL OF SALT I Proj Name: Property Tax: Parcel Number: Project File #: Street Intersection: Address: Reference Number(s) of Documents assigned or released: Additional reference numbers are on page Grantor(s): Grantee(s): 1. 1, City of Renton, a Municipal Corporation 2. The Grantor, as named above, for, and in consideration of mutual benefits, hereby grants, bargains, sells and delivers to the Grantee, as named above, the following described personal property: WATER SYSTEM: Length Size Tyoe L -F_ of Water Main L -F, of Water Main L,P, of Water Main each of " Gate Valves each of " Gate Valves each of Fire Hydrant Assemblies SANITARY SEWER SYSTEM: Length Size Type L.F. of _ Sewer Main L.P. of Sewer Main L.F. of Sewer Main each of Diameter Manholes each of" " Diameter Manholes each of Lift Stations STORM DRAINAGE SYSTEM: LenQth Size Type L.F. of Storm Main LT. of Storm Main L.F. of Storm Main each of Stonn Inlet/Outlet each of _ Storm Catch Basin each of Manhole STREET IMPROVMENTS: (Including Curb, Gutter, Sidewalk, Asphalt Pavement) Curb, Gutter, Sidewalk L -F. Asphalt Pavement: SY or L. F. of Width STREET LIGHTING: # of Poles By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. 0:1FormsIPBPWIBILLSAI,F..2.DOClbh Page 1 IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this _ day of , 20_. INDIVIDUAL FORM OF ACKNOY6LEDGMEIVT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Sea] must be within box STATE OF WASHINGTON ) SS COUNTY OF KING } I certify that I know or have satisfactory evidence that signed this instrument, on oath slated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: CORPORATE FORM OF AICKj*vOWLF.DC::LIF_jVT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of 20_, before me personally appeared to me known to he of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: 0:%F'omislPBPW\BII.LSALE2,D0Clbh Page 2 COST DATA AND INVENTORY NAME OF PROJECT: CITY WTR- PROJECT WWP- NUMBERS: SWP- TRO- TED- TO: City of Renton FROM: Plan Review Section Planning/Building/Public Works 1055 South Grady Way 6`h floor Renton, WA 98055 DATE: Per the request of the City of Renton, the following information is furnished concerning costs for improvements proposed to be installed for the above referenced project. WATER SYSTEM CONSTRUCTION COSTS: Length Size Type L.F. of L -F. of L.F. of _ L.F. of _ EACH of _ EACH of _ EACH of EACH of (Cost of Fire Hydrants must be listed separately) Engineering Design Costs City Permit Fees Washington State Sales Tax SANITARY SEWER SYSTEM: Length Size L.F. of L.F. of L.F. of FA of WATERMAIN WATERMAIN WATERMAIN WATERMAIN GATE VALVES GATE VALVES GATE VALVES FIRE HYDRANT ASSEMBLIES TOTAL COST FOR WATER SYSTEM Type SEWER MAIN SEWER MAIN SEWER MAIN DIAMETER MANHOLES Engineering Design Costs City Permit Fees $ Washington State Sales Tax $ (Sewer Stub - line between sewer main and private property line) $ TOTAL COST FOR SANITARY SEWER SYSTEM $ STORM DRAINAGE SYSTEM: Storm Facility Type 61 Length Size Type L.F. of STORM LINE L.F. of STORM LINE L.F. of STORM LINE EA of STORM INLET EA of STORM CATCHBASIN EA of STORM CATCHBASIN Engineering Design Costs $ City Permit Fees $ Washington State Sales Tax $ TOTAL COST FOR STORM DRAINAGE SYSTEM $ STREET IMPROVEMENTS: (Including Curb, Gutter, Sidewalk, Asphalt Pavement and Street Lighting) SIGNALIZATION: (Including Eng. Design Costs, City Permit Fees, WA St Sales Tax) STREET LIGHTING: (Including Eng. Design Costs, City Permit Fees, WA St Sales Tax) Print signatory name forms/COSTDATA.DOC/bh (day phone#) (SIGNATURE) (Signatory must be authorized agent or owner of subject development) Steve Schrei From: Maher Joudi Sent: Thursday, March 06, 2014 10:52 AM To: Steve Schrei Subject: FW: Kelsey's Crossing Attachments: Corey W Thomas.vcf Just use this for now because it shows that the fire department inspected the plat and is ok with locations etc. The items below are just construction punch list items. D.R. STRONG Consulting Engineers Inc. CIVIL ENGINEERS PLANNERS SURVEYORS Please Note: Maher A. Joudi, P.E. Principal, Sr. Vice President 620 7th Avenue Kirkland, WA 98033 Office: (425) 827-3063 Cell: (206) 948-7002 Fax: (425) 827-2423 MAR 10 ?iti CITY p pEW1,0jV P1.ANNiN„ 11r�.iii The information in this E-mail message, and any files transmitted with it, is confidential and may be legally privileged. It is intended only for the use of the individual(s) named above. If you are the intended recipient, be aware that your use of any confidential or personal information may be restricted by state and federal privacy caws. If you, the reader of this message, are not the intended recipient, you are hereby notified that you should not further disseminate, distribute, or forward this E-mail message. If you have received this E-mail in error, please notify the sender and delete the material from any computer. Thank you, From: Corey W Thomas Emailto:CT"homas@Rentonwa.gov] Sent: Thursday, February 13, 2014 11:42 AM To: ]an Illian Cc: Dane Thiessen Subject: Kelsey's Crossing Jan, As requested, I inspected the referenced plat. Prior to recording, the fire department will require proper street number signage for the intersection of SE 194th Lane and 120th Ave SE. Also the fire hydrant does not yet have the required 5 - inch Storz fitting and it is still covered and bagged out, our assumption is that it is not yet in service. eyr W Thomas Kar, Review/Inspector C"ttyv.of Renton Fire Department (42,5] 433(1-7024 ork, ctlhoniasgrentonwagov WA 1 r Steve Schrei From: John Baringer Dbaringer@geonerco.com] Sent: Thursday, February 13, 2014 4:41 PM To: Dane Thiessen; Jamie Waltier Cc: Steve Schrei Subject: FW: Kelsey's Crossing So we have received Metro and the Fire Department. Jamie 1 think you just need to submit the bond quantity worksheet. John C. Baringer Vice President/Corporate Counsel Geonerco Management, LLC. 1441 North 34th Street, Suite 200 Seattle, Washington 98 103 Fax: (206) 352-2010 Office: (206) 352-2020 Cell. (206) 396-6687 ibarin er(geonerco.com From: Korthals, David[mai Ito: David .Korthals@kingcountyL. Sent: Thursday, February 13, 2014 4:39 PM To: Maher Joudi; John Baringer Cc: Johnson, Doug Subject: RE: Kelsey's Crossing Hi Maher, Thank you for the opportunity to review and comment on the roadway improvements for the Harbour Homes Project 'Kelsey's Crossing', located on the northeast quadrant of 120th Ave SE and SE 192nd St in the City of Renton. In this area, King County Metro Transit (Metro) currently has bus service on 1081h Ave SE with Routes 161 (commuter) and 169 (all day). Metro has no existing service or facilities on SE 192"d St east of 108th Ave SE and has no current or long range plans to extend service onto this road. Therefore we have no comments or concerns with the proposed roadway and landscaping improvements. Please let me know if you need any other information regarding this or any future projects. Thanks and Best Regards, David Kortl,als South District Planner - Transit Route Facilities - Metro Transit Division 201 S. Jackson St. - MS: KSC-TR-0413 - Seattle, WA 98104-3856 Please note my new hone: tel 206 )..477-5776 - fax (206) 684-1860 From: Maher Joudi[mailto:maher.joudi(adrstrong.com] Sent: Thursday, February 13, 2014 2:45 PM 1 MARI(� To: John Baringer; Korthals, David Subject: RE: Kelsey's Crossing David, Please find our road plan attached. Please do not hesitate to contact me with questions or comments. Thanks, D.R. STRONG Consulting Engineers Inc. CIVIL ENGINEERS PLANNERS SURVEYORS Please Nate: Maher A. Joudi, P.E. Principal, Vice President 620 7th Avenue Kirkland, WA 98033 Office: (425) 827-3063 Cell: (206) 948-7002 Fax: (425) 827-2423 The information in this E-mail message, and any files transmitted with it, is confidential and may be legally privileged. It is intended only for the use of the inclMdual(s) named above, If you are the intended recipient, be aware that your use of any confidential or personal information may be restricted by state and federal privacy laws. If you, the reader of this message, are not the intended recipient, you are hereby notified that you should not further disseminate, distribute, or forward this E-mail message. If you have received this E-mail in error, please notify the sender and delete the material from any computer. Thank you. From: John Baringer[mailto:ibaringer@cieonerco.com] Sent: Thursday, February 13, 2014 2:42 PM To: david.korthals@kingcountyaov Cc: Maher Joudi Subject: FW: Kelsey's Crossing I used the wrong email address John C. Baringer Vice President/Corporate Counsel Geonerco Management, LLC. 1441 North 34"' Street, Suite 200 Seattle, Washington 98103 Fax: (206) 352-2010 Office: (206) 352-2020 Cell: (206) 396-6687 Ybaringer@geonerco.com Please Note: The inrormation in this E-mail message, and any files transmitted with it, is confidential and may be legally privileged. It is mended only for the use of the individual(5) named aboveif you are the intended recipient, be aware that your use of any confidential or personal information maybe restricted by stale and federal privacy laws. If you, the reader of this message, are not the intended recipient, you are hereby notified that you should not further disseminate, distribute, or forward this E-mail message. If you have received this E-mail in error, please notify the sender and delete the material frurn any computer. Thank you. From: John Baringer Sent: Thursday, February 13, 2014 2:38 PM To: 'david.korthals@kingcounty.ogv' Cc: 'Maher Joudi'; Steve Schrei (steve.schrei@drstrono.com) Subject: Kelsey's Crossing 2 David — By this email 1 aim asking our engineers to send you a pdf of the street plan for your review. Specifically we are required by the City of Renton to have Metro determine if SF 192nd Street (at 1201h SF_.) is a bus route. The project is in Renton (formerly in King County) and is called Kelsey's Crossing. Thanks David John C. Baringer Vice President/Corporate Counsel Geonerco Management, LLC. 1441 North 34`h Street, Suite 200 Seattle, Washington 98103 Fax: (206) 352-2010 Office: (206) 352-2020 Cell: (206) 396-6687 j baringerL& geonerco. com January 20, 2014 Project No. 12061 City of Renton Planning Division 1055 South Grady Way Renton WA 98057 Re: Kelsey's Crossing Final Plat To Final Plat Reviewer: The following is provided in response to the City's Final Plat submittal requirement regarding "Confirmation of Compliance with all Conditions of Plat Approval". Hearing Examiner's Conditions as amended by Neil Watts, Director of City of Renton Development Services Division in the letter to Jamie Waltier of Harbour Homes, LLC, dated May 7, 2012 and clarified in the letter to Jamie Waltier of Harbour Homes, LLC, dated June 6, 2012: 1. Compliance with all platting provisions of the Renton Municipal Code (RCM) 4-8-110. The final plat has been prepared in compliance with sited code. RECEIVED 2. Original condition deleted. 10�014 Pte. 3. (a) The plat shall comply with the base density and minimum density requirements ot"t! YR zpLqIyT0►v classification in place in King County on December 11, 2006. All lots shall meet thi�6ftniulwgko% dimensional requirements of said R-6 zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the City of Renton Planning Division. The final plat has been prepared in conformance with the preliminary plat and meets the density and dimensional requirements of the R-6 zone classification. (b)Aii future houses within the plat shall substantially conform to the guidelines listed in Renton Municipal Code (RMC) 4-2-115 Residential Design and Open Space Requirements, The City shall review and approve modifications from strict adherence to the prescribed standards provided the applicant demonstrates design alternates meeting the spirit and intent of the guidelines. This condition shall be met by action taken by future home builders and The City of Renton. (c)Any plat boundary discrepancies shall be resolved to the satisfaction of the Renton Planning Division prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance which indicates an encroachment, lines of possession, or a conflict of title_ There are no boundary issues to revolve. 4. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by City of Renton January 20, 2014 Page 2 of 7 Ordinance No. 11187, as amended (2007 KCRS), or as otherwise modified by agreement between the City of Renton Development Services Division and the applicant per RMC 4-9-250D. The approved construction plans have been prepared in accordance with required standards. This condition will be met by the completion of construction of the site improvements, as shown on the approved plans. l W.La 6"+*?Rlfi 5. The applicant must obtain the approval of the Renton Fire Depart e t for th aCd7equa of the fire hydrant, water main, and fire flow standards of RMC 4-5-070,; �, This condition has been met b action taken b the developer andrau" h t eFear ori f he Y Y P 6 approved water plans. 6. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04_ Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval, which represent portions of the drainage requirements. All other applicable requirements in K.C.C. 9.04 and the King County Surface Water Design Manual (KCSWDM) must also be satisfied during engineering and final review. (a) Drainage plans and analysis shall comply with the 2005 King County Surface Water Design Manual and applicable updates adopted by King County. City of Renton Development Services Division approval of the drainage and roadway plans is required prior to any construction. The approved storm drainage plans have been prepared in compliance with the required codes. (b) Standard plan notes, as listed in the 2005 KCSWM, shall be shown on the engineering plans. The approved construction plans include the required notes. (c) The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction plans on file with the City of Renton Development Services Division. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file_" The required note has been included on the final plat. 7. To implement the required Best Management Practices (BMPs) for treatment of storm wafer, the final engineering plans and technical information report (TiR) shall clearly demonstrate compliance with all applicable design standards. The requirements for best management practices are outlined in Chapter 5 of the 2005 KCSWDM. The design engineer shall address the applicable requirements on the final engineering plans and provide all necessary documents for implementation. The final City of Renton January 20, 2014 Page 3 of 7 recorded plat shall include all required covenants, easements, notes, and other details to implement the required BMPs for site development_ The approved engineering plans and technical information report have been prepared and demonstrate compliance with the stated standards. BMP restrictions regarding maximum impervious surfaces have been included on the final plat. B. Drainage adjustment L08VO030 has been approved for this project. All conditions of approval for this adjustment shall be met prior to engineering plan approval. The approved engineering plans have addressed necessary conditions. 9. The following road improvements are required to be constructed in lieu of the original King County street standards.- a. tandards: a. The internal access road (SE 191s' Lane) shall be improved with 26 feet of paving, vertical curbs, and gutters on both sides, a six foot planting strip and a five foot sidewalk. The planting strip and sidewalk shall be on the south side of the street, and parking shall be limited to only the south side of the street. This condition shall be met by the completion of the site improvements, as shown on the approved construction plans. b. The frontage along SE 192nd Street must be improved per City of Kent standards, including curb, gutter and sidewalk improvements. These improvements will require a separate construction permit from the City of Kent. This condition shall be met by the completion of the site improvements, as shown on the approved construction plans. c. Additional right-of-way dedication along SE 192nd Street will only be required if needed for the Kent required street improvement design. This condition has been met by the appropriate conveyance to the city of Kent, by deed recorded under Recording Number 20130729000867. d. The frontage improvements along 120th Ave SE shall include a new vertical curb and gutter 13 feet from centerline of the right-of-way. An eight foot planting strip and five foot concrete sidewalk are also required. The radius improvements at the intersection with SE 192nd St must be per City of Kent requirements, along with any associated right-of-way dedication for the radius. This condition shall be met by the completion of the site improvements, as shown on the approved construction plans. e. The private access easement for Lots 8 through 13 shall be paved to a minimum width of 20 feet, with a minimum pavement depth of 4 inches of asphalt over six inches of crushed rock. This condition shall be met by the completion of the site improvements, as shown on the approved construction plans. City of Renton January 20, 2014 Page 4 of 7 f. Street modifications may be approved by City of Renton Development Services Division according to the modification procedures of Renton Municipal Code 4-9-250D. No modifications were implemented. 10. All utilities within proposed rights-of-way must be built and approved per RMC 4-7-200 prior to final plat recording. This condition shall be met by the completion of the site improvements, as shown on the approved construction plans. 11. The applicant or subsequent owner shall comply with the applicable City gf Renton traffic mitigation fee schedule or applicable impact fee schedule in place at time of fee p nent. The applicant has the option to either. (1) pay the traffic mitigation or impact fee at the final plat recording, or (2) pay the mitigation or impact fee at the time of building permit issuance. if the first option is chosen, the fee paid shall be the fee in effect at the time of final plat application and a note shall be place on the face of the plat that reads, 'All traffic mitigation or impact fees required by Renton Municipal Code have been paid. " if the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application_ The developer has elected to postpone the required payment to the time of building permit issuance. A note disclosing the required payment has been included on the final plat_ 12_ Lots within this subdivision are subject to Renton Municipal Code 4-1-160, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (509'/o) of the impact fees due for the plat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to the building permit issuance. A note disclosing the required payment has been included on the final plat. 13. The intention of these off-site pedestrian improvements was to provide pedestrian route from the site to the Benson Glen Elementary School approximately 2500 feet from the site. The route was to have a minimum paved shoulder for pedestrian use along the existing paved lanes. The route listed by the conditions was north on 12th Ave SE, then east on SE 188th St to 116th Ave SE Review of the area shows that this level of pedestrian improvements already exist from the site to the school. This route is going east along SE 192nd St and then north on 116th Ave SE, which is the same distance as the route listed in the original condition. Since the goal expressed for this condition already is met by existing street improvements, Condition #13 is satisfied with the existing completion of an equivalent alternate pedestrian route from the site to the Benson Glen Elementary School. This condition has been satisfied, as acknowledged by the City of Renton in the condition. 14. The applicant may comply with the original condition to provide suitable recreation space as part of the plat development, or pay the Parks Mitigation or impact fees prior to the final plat recording, using the fee schedules in effect when the plat receives final approval. If the applicant chooses the option to provide suitable recreation space, the detailed plan rewired under section (a) shall be City of Renton January20, 2014 L �� Page 5 of 7 {� r submitted for review and approval of the City oflCommunity E no is Development Department and Parks Depart t inste f DD ks. The applicant has chosen t?,,pay the ^fee in li:u of providing the recreation space improvements_ All required fees will be paid prior to final plat approval. 15. A homeowners' association or other workable organization shall be established to the satisfaction of the City of Renton Community & Economic Development Department, which provides for the ownership and continued maintenance of the recreation tracts. This condition shall be met by action taken by the developer. Proof of incorporation will be provided prior to final plat approval. 16. Street trees shall be provided as follows (per KCRS 5.03 and K. C. C. 21 A.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. This condition shall be met by the installation and completion of the landscaping, as shown on the approved plans. b. Trees shall be located within the street right-of-way and planted in accordance with drawing No. 5-009 of the 1993 King County Road Standards, unless City of Renton Development Services Division determines that trees should not be located in the street right-of-way. This condition shall be met by the installation and completion of the landscaping, as shown on the approved plans. c. If City of Renton Development Services Division determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. This condition shall be met by the installation and completion of the landscaping, as shown on the approved plans. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the city has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. The required note has been provided on the final plat. e. The species of trees shall be approved by City of Renton Development Services Division if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit -bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines_ City of Renton January 20, 2014 Page 6 of 7 This condition shall be met by the installation and completion of the landscaping, as shown on the approved plans. The applicant shall submit a street tree plan an bond quantity sh for review and approval by City of Renton Development Services to engineering plan approval. This condition has been met by action taken by the developer. g. The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if SE 192nd St is on a bus route. If SE 192nd St is a bus route, the street tree plan shall also be reviewed by Metro. S625 1pe4- t PEW fL /W5,V 'o';'C R0 This condition has been met by action taken by the developer and coordination with The City of Kent. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat if a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after City of Renton Development Services Division has completed a second inspection and determined that the trees have been kept healthy and thriving_ This condition shall be met by action taken by the developer and the City of Renton. A landscape inspection fee may also be required prior to plat recording. The inspection fee is subject to change based on the current city fees at time of final plat recording. This condition shall be met, if required, by action taken by the developer IT To implement appropriate tree retention standards under RMC 4-4-130, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention plan (and engineering plans) shall be consistent with the requirements of RMC 4-4- 130. No clearing of the subject property is permitted until the final tree retention plan is approved by Renton Development Services Division. Flagging and temporary fencing of trees to be retained shall be provided, consistent with RMC 4-4-130. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around the preserved trees, except for grading work permitted pursuant to RMC 4-4-130. No clearing or grading of the site shall occur until CED approves the detailed tree retention plan. The required tree retention plan has been submitted to the city. The tree retention plan and approved engineering plans have been prepared in compliance with the sited code. 18. All future residences constructed within this subdivision are required to be sprinkled (NFPA 13D) unless all portions of the exterior walls of structures will be within 150 feet (as a person would walk via an approved route around the building from a minimum 20 -foot wide, unobstructed driving city of Renton January 20, 2014 Page 7 of 7 surface. To qualify for removal of the sprinkler requirement, driving surfaces between curbs must be a minimum of 26 feet in width when parking is allowed on one side of the roadway, and at least 32 feet in width when parking is permitted on both sides. The approved construction plans have been prepared to provide the required unobstructed driving surface eliminating the sprinkler requirement. I trust this will satisfy the City's Final Plat submittal requirement. Sincerely yours, D. R. STRONG Consulting Engineers Inc. Stephen J. Schrei, PLS Survey Department Manager SJS R. 1201210112061121DocumentslFinal Plat1131206 Renton-COA.Doc Denis Law Mayor 000I City of,, -W 0' Department of Community and Economic Development March 12, 2014 C:E."Chip"Vincent, Ad min istrator Jamie Waltier Geonerco Properties WA, LLC 1441 N. 314th Street Seattle, WA 98103 Subject: Notice of Com lete Application Kelsey's Crossing Final Plat, LUA14-000300 Dear Mr. Waltier: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7216 if you have any questions. Sincerely, �1��� fan Illian Project Manager cc: / owner(s) /Applicant Renton City Hall 1055 South Grady Way • Renton, Washington 98057. rentonwa.gov City of Renton. _.E D LAND USE PERMIT MASTER APPLICATI0l1"U`,,)�-.RbNT0Nr PROPERTY OWNER(S) NAME: Geonerco Properties WA, LLC ADDRESS: 1441 North 34'h Street Suite 200 CITY: Seattle ZIP: 98103 TELEPHONE NUMBER: 206-352-2020 APPLICANT (if other than owner) NAME: NA COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER: CONTACT PERSON NAME: Jamie Waltier COMPANY (if applicable): Geonerco Properties WA, LLC ADDRESS: 1441 North 341h Street CITY: Seattle ZIP: 98103 TELEPHONE NUMBER AND EMAIL ADDRESS: 206-352-2020 PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Kelsey's Crossing PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 12000 SE. 192°d Street , 98058 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 6199000160 & 6199000161 EXISTING LAND USE(S): Residential Single Family PROPOSED LAND USE(S): Residential Single Family EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RDL Residential Low Density PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION. (if applicable) NA EXISTING ZONING: R4 PROPOSED ZONING (if applicable): NA SITE AREA (in square feet): 87,560 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED- 12,251 EDICATED:12251 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: NA PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable)7.5 NUMBER OF PROPOSED LOTS (if applicable) 13 NUMBER OF NEW DWELLING UNITS (if applicable): NA R:120121011206112\DorumentsT,inal Platlmasterapp.doc • I • 03/11 PROJECT INFORMA NUMBER OF EXISTING DWELLING UNITS (if applicable): NA SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NA SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): NA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NA NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NA TION continued PROJECT VALUE: IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUIFIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA 0 sq. ft, ❑ GEOLOGIC HAZARD 0 sq. ft, ❑ HABITAT CONSERVATION 0 sq. ft. ❑ SHORELINE STREAMS & LAKES 0 sq. ft. ❑ WETLANDS 0 sq, ft. LEGAL DESCRIPTION OF PROPERTY Attach legal description on separate sheet with the following information Included SITUATE IN THE SW QUARTER OF SECTION 33, TOWNSHIP 23N, RANGE 5E, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Namels) x, JW, c t-, L z , declare under penalty of perjury underthe I ws of the State of Washington that I am (please check ane) the current owner of the properly involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief, Signature of wnerlR sentstive Date Signature of Owner/Representative Date STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledge it to be his/her/their free and voluntary act for the uses and purpose mentioned in the instrument. Dated:0ta Aq Public in and for the State of Washington ++enact A ,`.•`�r1 ++G. 8...� NG •y ry(Print): �" ''�- �' r ` NOTARY `tea : s My appointment expires: �(1�..yG PUBLIC R:Q01210112d61 7gcf gr}tT jtal ji 1, RAM 2 - 03111 7 "�l ti' ' LEGAL DESCRIPTION OF PROPERTY Attach legal description on separate sheet with the following information Included SITUATE IN THE SW QUARTER OF SECTION 33, TOWNSHIP 23N, RANGE 5E, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Namels) x, JW, c t-, L z , declare under penalty of perjury underthe I ws of the State of Washington that I am (please check ane) the current owner of the properly involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief, Signature of wnerlR sentstive Date Signature of Owner/Representative Date STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledge it to be his/her/their free and voluntary act for the uses and purpose mentioned in the instrument. Dated:0ta Aq Public in and for the State of Washington ++enact A ,`.•`�r1 ++G. 8...� NG •y ry(Print): �" ''�- �' r ` NOTARY `tea : s My appointment expires: �(1�..yG PUBLIC R:Q01210112d61 7gcf gr}tT jtal ji 1, RAM 2 - 03111 7 "�l ti' ' D.R. STRONG CONSULTING ENGINEERS KIRKLAND WA 98033 DRS Project No. 12061 12/6/13 LEGAL DESCRIPTION: Parcel A.' Tract 8, Northwestem Garden Tracts, Div. No. 5, according to the plat thereof recorded in Volume 47 of Plats, Page(s) 90, in King County, Washington; Except the East 65 feet of the West 141 feet of the South 155 feet thereof; and Except that portion thereof conveyed to the City of Kent by deed recorded under recording number 20130729000867. Parcel B: The East 65 feet of the West 141 feet of the South 155 feet of tract 8, Northwestern Garden Tracts, Div. No. 5, according to the plat thereof recorded in Volume 47 of plats, Page(s) 90, in King County, Washington; and Except that portion thereof conveyed to the City of Kent by deed recorded under recording number 20130729000867. R:120121011206l'L2lDocumentsUegalsI131206 Site_12061.doc After Recording Return to: Harbour Homes, LLC c/o Geonerco Management, LLC Attn: John Baringer 1441 North 34`h Street, Suite 200 Seattle, WA 98103 DOCUMENT TITLE: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PLAT OF KELSEY'S CROSSING GRANTOR: HARBOUR HOMES, LLC GRANTEE: KELSEY'S CROSSING HOMEOWNERS ASSOCIATION AND THE PUBLIC LEGAL DESCRIPTION: LOTS 1 THROUGH 13, INCLUSIVE, OF KELSEY'S CROSSING ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME OF PLATS AT PAGES AND RECORDS OF KING COUNTY, WASHINGTON RECORDED UNDER RECORDING NUMBER SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL NUMBERS: 6199000160 & 6199000161 After Recording Return to: Harbour Homes, LLC c/o Geonerco Management, LLC Attn: John Baringer 1441 North 30 Street, Suite 200 Seattle, WA 98103 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF KELSEY'S CROSSING 2 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE PLAT OF KELSEY'S CROSSING THIS DECLARATION is made on the date set forth below by Harbour Homes, LLC, a Washington limited liability company ("Declarant"). RF.CITALfi A. Declarant is the owner of that certain real property located in the County of King, Washington, and more particularly described in Article 2 of this Declaration. B. Declarant desires to subject the real property described in Article 2 hereof to the provisions of this Declaration to create a residential community of single-family housing (as "single family" is defined below) and related uses as set forth in Section 6.2 hereof. NOW, THEREFORE, Declarant hereby declares that the real property described in Article 2 of this Declaration, including the improvements constructed or to be constructed thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any right, title, or interest in all or any portion of the real propertynow or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors -in -title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. ARTICLE 1 DEFINITIONS 1.1 Words Defined. The following words, when used in this Declaration or in any Supplementary Declaration (unless the context shall prohibit), shall have the following meanings: 1.1.1 "Association" shall mean Kelsey's Crossing Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 1.1.2 `Board of Directors" or "Board" of the Association shall be the appointed or elected body, as applicable, having its normal meaning under Washington law. 3 1.1.3 `Bylaws" shall refer to the Bylaws of the Kelsey's Crossing Homeowners Association. 1.1.4 "Common Areas" shall mean any and all real and personal property and easements and other interests therein, together with the facilities and improvements located thereon as designated on the final plat of the Community or as otherwise conveyed to the Association for the common use and enjoyment of the Owners. 1.1.5 "Community" shall mean and refer to that certain real property and interest therein described in Article 2, and such additions thereto as may be made by Declarant by Supplementary Declaration. 1.1.6 "Community -Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing in the Community. Such standard may be more specifically determined by the Board of Directors. Such determination, however, shall generally be made with reference to the standards originally established by the Declarant. 1.1.7 "Declarant" shall mean and refer to Harbour Homes, LLC and its successors -in -title and assigns, provided any such successor -in -title or assign shall acquire for the purpose of development or sale all or any portion of the remaining undeveloped or unsold portions of the real property described in Article 2, and provided further, in the instrument of conveyance to any such successor -in -title or assign, such successor -in -title or assign is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance; provided, further, upon such designation of such successor Declarant, all rights of the former Declarant in and to such status as "Declarant" hereunder shall cease, it being understood that as to all of the property described in Article 2, which is now subjected to this Declaration, there shall be only one "Declarant" hereunder at any one point in time. 1.1.8 "Development Period" shall mean that period of time beginning on the date this Declaration is recorded in the records of King County and ending on the earliest to occur of (i) ten (10) years from the date of recording of this Declaration; or (ii) the date Declarant holds a special meeting of the Association, in accordance with the Bylaws, for the purpose of transitioning the management of the Association from the Declarant to the Owners. 1.1.9 "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation (if any) and Bylaws of the Association, and rules and regulations (if any) of the Community adopted by the Board, as any of the foregoing may be amended from time to time. 1.1.10 "Lot" shall mean any plot of land within the Community, whether or not improvements are constructed thereon, which constitutes or will constitute, after the construction of improvements, a residential dwelling site as shown on a plat recorded in the records of King County. 4 L1.11 "Mortgage" means any mortgage, deed of trust, and any and all other similar instruments used for the purpose of encumbering real property in the Community as security for the payment or satisfaction of an obligation. 1.1.12 "Mortgagee" shall mean the holder of a Mortgage. 1.1.13 "Occupant" shall mean any Person occupying all or any portion of a residence or other property located within the Community for any period of time, regardless of whether such Person is a tenant or the Owner of such property. 1.1.14 "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Lot located within the Community, excluding, however, any Person holding such interest merely as security for the payment or satisfaction of an obligation. 1.1.15 "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity. 1.1.16 "Single Family" shall mean a single housekeeping unit, without regard to the construction type or ownership of such unit, that includes not more than four (4) adults who are legally unrelated. 1.1.17 "Supplemental Declaration" means an amendment or supplement to this Declaration which subjects additional property to this Declaration or that imposes, expressly or by reference, additional or modified restrictions and obligations on the land described therein. 1.1.18 "Total Association Vote" means all of the votes attributable to members of the Association (including votes of Declarant). ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION The real property which is, by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is the real property described as: LOTS 1 THROUGH 13, INCLUSIVE, OF KELSEY'S CROSSING ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME OF PLATS AT PAGES AND _ RECORDS OF KING COUNTY, WASHINGTON RECORDED UNDER RECORDING NUMBER SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON 5 Private Tracts: Tract A is a private access tract for ingress, egress and utilities for the benefit of Lots 8 through 13. The owners of Lots 8 through 13 are responsible for the maintenance of the tract. Common Areas: Tract B is a storm water, landscape and recreational tract and shall be owned and maintained by the Association. The City of Renton has an easement for access, maintenance and operation of the drainage facility within Tract B. ARTICLE 3 KELSEY'S CROSSING HOMEOWNERS ASSOCIATION 3.1 Description of Association. The Association may, at the election of the Declarant or the Association, be incorporated as a non-profit corporation organized and existing under the laws of the State of Washington. The Association shall be charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents; provided, however, that no such Governing Documents, other than the Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent with this Declaration. 3.2 Board of Directors. Declarant. shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until termination of the Development Period. Each Owner, by acceptance of a deed to or other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors and officers of the Association during the Development Period. The directors selected by the Declarant meed not be Owners. The number of directors shall be as set forth in the Bylaws. Following termination of the Development Period, the Board of Directors shall be elected by the Owners in accordance with the Bylaws. 3.3 Membership. Every Owner of a fee interest in any Lot that is subject to this Declaration shall be deemed to have a membership in the Association and membership in the Association shall consist exclusively of such owners. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the Owner's membership. No Owner, whether one or more Persons, shall have more than one (1) membership per Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The rights and privileges of membership, including the right to vote and to hold office, may be exercised by a member or the member's spouse, but in no event shall more than one (1) vote be cast nor office held for each Lot owned. 3.4 Voting. Members shall be entitled to one (1) vote for each Lot owned. When more than one (1) Person holds an ownership interest in any Lot, the vote for such Lot shall be exercised as those Owners themselves determine and advise the Secretary prior to any N meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more than one (1) Person seeks to exercise it. 3.5 Architectural Control Committee. No construction, alteration, addition, refurbishing, or erection of any structure or any nature whatsoever shall be commenced or placed upon any part of the Community, except that which is installed by the Declarant, or is approved in accordance with this Section, or as is otherwise expressly permitted herein. Any such construction, alteration, addition, refurbishing, or erection shall not be made unless and until plans and specifications showing the nature, kind, shape, size and height, architectural design and detail, materials, workmanship, colors, location on site, improvement and site grade elevations, and site landscaping shall have been submitted in writing to and approved by the Architectural Control Committee (the "ACC") established pursuant to this Section 3.5. The Board may employ architects, engineers, or other Persons as it deems necessary to enable the ACC to perform its review. Written design guidelines and procedures ("Design Guidelines") may be established by the Board for the exercise of this review, which Design Guidelines may provide for a review fee. Copies of the Design Guidelines shall be available to all Owners upon request for a reasonable fee. 3.5.1 The ACC shall consist of not less than one (1) nor more than five (5) members, who need not be Owners. So long as the Declarant owns any property for development and/or sale in the Community, the Declarant shall have the right to appoint or remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of such right, the Board shall appoint the members of the ACC, however the ACC shall include two members of the Board. 3.5.2 Members of the ACC shall not be entitled to compensation for services performed pursuant to this Section 3.5. The Association shall defend, indemnify, and hold each members of the ACC harmless for any liability incurred while serving as a member of the ACC. 3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may withhold approval for any reason, including aesthetic considerations, and it shall be entitled to stop any construction in violation of approved plans or this Declaration. 3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS AND BY APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE MEMBERS THEREOF, NOR THE ASSOCIATION ASSUMES LIABILITY OR RESPONSIBILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, NOR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH 7 THE APPROVAL OR DISAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, OR THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY JUDGMENT, NEGLIGENCE, OR NONFEASANCE AND HEREBY WAIVES THE PROVISIONS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS, DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE IS GIVEN. 3,6 Bylaws, Rules and Resulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend bylaws, rules and regulations governing the Community, provided that such bylaws, rules and regulations shall not be inconsistent with this Declaration and shall apply uniformly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties or fines for their violation. Any such bylaws„ rules and regulations shall become effective thirty (30) days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the bylaws, rules and regulations then in force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial bylaws, rules and regulations. ARTICLE 4 ASSESSMENTS 4,1 Purpose of Assessment. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of Lots, including the maintenance of real and personal property, all as may be more specifically authorized from time to time by the Board of Directors. 4.2 Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (i) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (iii) specific assessments established pursuant to the terms of this Declaration, including, but not limited to, reasonable fines imposed in accordance with the terms of this Declaration. 4.2.1 All such assessments, together with (i) late charges, (ii) interest set by the Board, not to exceed the maximum rate permitted by law (but not to exceed eighteen percent (18%) per annum), and (iii) costs, including, without limitation, reasonable attorneys' 8 fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot against which each assessment is made. 4.2.2 Each such assessment, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. Each Owner shall be personally liable for the portion of each assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure. 4.2.3 The Association shall, within five (5) days after receiving a written request therefor and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Such certificate shall be binding upon the Association as of the date of issuance. 4.2.4 Annual assessments shall be levied equally on all Lots. Assessments shall be paid in such manner and on such dates as may be fixed by the Board. Unless otherwise provided by the Board, the assessment shall be paid in annual installments. 4.3 Adoption of Budget. It shall be the duty of the Board to prepare and adopt a budget covering the estimated costs of operating the Association during the coming year and the assessments to be levied against each Lot, which may include an amount for capital reserves in accordance with a capital budget separately prepared. The Board shall cause a summary of the proposed operating and capital budgets and the proposed assessments against each Lot for the following year to be mailed to each Owner. The Board shall set a date for a special meeting of the Owners to consider ratification of the budget within thirty (30) days after adoption by the Board and not less that fourteen (14) nor more than sixty (60) days after the mailing of the proposed budgets and assessments. Unless at such meeting the budget is rejected by at least seventy-five percent (75%) of the Total Association Vote, in person or by proxy, the budget shall be ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the budget in effect for the then current year shall continue in effect until the Owners ratify a subsequent budget. 4.4 Revised Budget. If the financial circumstances or needs of the Association materially change during any year, the Board may prepare and adopt a revised budget and assessments for the balance of the year. The Board shall cause a summary of the proposed revised budget and assessments to be mailed to each Owner and shall set a date for a meeting of the Owners to consider ratification of the revised budget and assessments in the same manner as the regular annual budget as set forth in Section. 4.3 above. 4.5 Special Assessments. In addition to the other assessments authorized herein, the Association may levy special assessments for expenses such as, but not limited to, capital improvements from time to time if approved at a meeting by two-thirds (2/3) of the Total Association Vote. Special assessments shall be paid as determined by the Board, and the 9 Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed. 4.6 Lien for Assessments. All sums assessed against any Lot pursuant to this Declaration, together with late charges, interest, costs, including, without limitation, reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on such Lot in favor of the Association. Such lien shall be superior to all other liens and encumbrances on such Lot, except for (a) liens for ad valorem taxes; or (b) liens for all sums unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of King County and all amounts advanced pursuant to such Mortgage and secured thereby in accordance with the terms of such instrument. All other Persons acquiring liens or encumbrances on any Lot after the recording of this Declaration shall be deemed to consent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prior consent is specifically set forth in the instruments creating such liens or encumbrances. 4.7 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment or installment thereof delinquent for a period of more than ten (10) days shall incur a late charge in an amount as the Board may from time to time determine. The Association shall cause a notice of delinquency to be given to any member who has not paid within ten (10) days following the due date. If the assessment is not paid within thirty (30) days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set by the Board from time to time, on the principal amount due, late charges, costs of collection, including, without limitation, reasonable attorneys' fees actually incurred, and any other amounts provided or permitted by law. 4.7.1 In the event that the assessment remains unpaid after sixty (60) days, the Association may, as the Board shall determine, institute suit to collect such amounts and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other type of conveyance, vests in the Association or its agents the right and power to bring all actions against such Owner personally, for the collection of such charges as a debt or to foreclose the aforesaid lien in the same manner as other liens for the improvement of real property. 4.7.2 The lien provided for in this Article shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold, lease, mortgage, or convey the same. 4.7.3 No Owner may waive or otherwise exempt himself from liability for the assessments provided for herein, including, by way of illustration, but not limitation, abandonment of the Lot. 4.7.4 All payments shall be applied first to costs, then to late charges, then to interest and then to delinquent assessments. 10 4.8 Suspension for Nonpayment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of thirty (30) days, said Owner's voting rights shall, without the necessity of any further action by the Association, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessments by non-use of the Common Areas or by abandonment of a Lot. 4.9 Date of Commencement of Assessments. The assessments provided for herein shall commence as to a Lot subject to this Declaration on the first day of the month following conveyance of such Lot to a Person other than Declarant. 4.10 Specific Assessments. In addition to the general and special assessments outlined above, the Board shall have the power to levy such specific assessments pursuant to this Section 4.10 as, in its discretion, it shall deem appropriate. All other terms and conditions of this Article 4 relating to general and special assessments shall apply to the levy and collection of the specific assessments covered hereby and the Association shall have all powers and remedies for collection and enforcement of such assessments as are applicable to the general and special assessments set forth above. Fines levied pursuant to Section 11.1 of this Declaration and the costs of maintenance performed by the Association for which the Owner is responsible under Sections 5.3 and 5.4 of this Declaration shall be specific assessments. 4.11 Common Areas Exempt. The Common Areas shall be exempt from assessments by the Association. 4.12 Capitalization of Association. NIA. ARTICLE 5 MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION 5.1 Association's Responsibility. The Association shall maintain and keep in good repair the Common Areas described in Article 2 herein and any Common Areas acquired by the Association in the future. If the streetlights are installed and there is no procedure for billing individual lot owners then the Association shall pay the bills for the streetlights. The Association shall also maintain all other facilities serving the Community not dedicated to or maintained by a public entity. The foregoing maintenance shall be performed consistent with the Community -Wide Standard. 5.2 Property Not Owned by Association. The Association shall have the right, but not the obligation, to maintain other property, whether or not owned by the Association and whether within or without the Community, where the Board has determined that such maintenance would benefit all Owners. Tract A is a Private Access Tract owned and maintained by the Owners of Lots 8 through 13. In the event Tract A is not maintained by such Lot Owners, the Association shall have the right, but not the obligation, to maintain Tract A at such Lot Owners expense pursuant to the procedure in Section 5.4 below. Without limitation of the foregoing, the Association may enter into a joint maintenance agreement with adjoining property owners or associations for the repair, maintenance and replacement of any shared facilities or other property. 5.3 Damaue Caused by Owner. In the event that the Association determines that the need for maintenance, repair, or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, or the family, guests, lessees, or invitees of any Owner, the Association may perform such maintenance, repair or replacement at such Owner's sole cost and expense, and all costs thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot of such Owner. 5.4 Owner's Responsibility. Except as provided in Sections 5. 1, 5.2 and 5.3 above, all maintenance of any Lot and all structures, parking areas, landscaping, and other improvements thereon together with the landscaping and trees on any parking strip fronting any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide maintenance consistent with the Community -Wide Standard and this Declaration. The perimeter fencing, if any, shall be maintained and repaired, in uniform appearance, by the abutting lot owners. In the event that the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly any of such Owner's obligations with regard to the maintenance, repair, or replacement of items for which such Owner is responsible hereunder, the Association shall, except in an emergency situation, give the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten (10) days after receipt of such notice within which to complete such maintenance, repair, or replacement, or, in the event that such maintenance, repair, or replacement is not capable of completion within a ten (10) day period, to commence such work which shall be completed within a reasonable time. If any Owner does not comply with the provisions hereof, the Association may provide any such maintenance, repair, or replacement at such Owner's sole cost and expense, and all costs shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot. 5.5 Conveyance of Common Areas by Declarant to Association. During the Development Period, the Declarant may transfer or convey the Common Areas to the Association, including any personal property and any improved or unimproved real property, leasehold, easement, or other property interest. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Areas to be maintained by the Association. The Common Areas are subject to an easement of common use and enjoyment in favor of the Association and every Owner, their heirs, successors and assigns in accordance with the terms and conditions of the Governing Documents. Such rights to use the Common Areas are appurtenant to and shall not be separated from ownership of any Lot and shall not 12 be assigned or conveyed by any Lot Owner in any way except upon the transfer of title to such Lot, and then only to the transferee of such title and shall be deemed so conveyed whether or not it shall be so expressed in the deed or other instrument conveying title. Certain rights of use, ingress, egress, occupation, and management authority in the Common Areas set forth elsewhere in this Declaration shall be reserved to Declarant for the duration of the Development Period. Declarant shall not be required to make any improvements whatsoever to property to be conveyed and accepted pursuant to this Section. 5.6 Further Restrictions on Common Areas. If any Common Area is currently owned or is acquired in the future which is designated as a steep slope, as a wetland, as a buffer, as a native growth protection area or as any other type of sensitive area, then use of such Common Area shall be limited to activities approved by the municipality which designated such Common Area as sensitive. Notwithstanding the provisions in this Article S, or in Section 10. 1 below, or in any other provision of this Declaration, there shall be no right or easement of ingress and egress, use and enjoyment in or to such Common Area. Access shall be limited to maintenance activities approved by the municipality. ARTICLE 6 USE RESTRICTIONS AND RULES 6.1 GeneraMules and Regulations. This Article, beginning at Section 6.2, sets out certain use restrictions which must be complied with by all Owners and Occupants. These use restrictions may only be amended in the manner provided in Section 11.3 hereof regarding amendment of this Declaration. In addition, the Board may, from time to time, without consent of the Owners, promulgate, modify, or delete other use restrictions and rules and regulations applicable to the Community. Such use restrictions and rules shall be distributed to all Owners and Occupants prior to the date that they are to become effective and shall thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or modified in a regular or special meeting by a majority of the Total Association Vote and the consent of Declarant during the Development Period. 6.2 Residential Use. Except as provided in this Section, all Lots shall be used for single-family residential purposes exclusively with the exception that certain home occupations may be permitted, subject to the guidelines and rules established by the Board, if any, and subject to approval by the Board. Such home occupations may be limited to certain business uses, shall not create any disturbance, noise, or unsightliness, shall not unduly increase traffic flow or parking congestion, and shall not be in violation of any of the provisions of the Governing Documents. Use of the Lots shall in all cases be in compliance with all applicable laws, ordinances, rules and regulations. 6.3 Building and Landscaping Requirements and Restrictions. Except as provided in Section 6.4 below, all residences constructed within the Community by any Person shall be subject to design review and approval by the ACC which may cover the minimum size, architectural style, height, scope of improvements, quality of design, materials, workmanship, and siting standards. Without restricting or limiting the authority of the ACC 13 pursuant to Section 3.5 in approving or disapproving of any specific proposal, the following restrictions shall apply to the Community in general: 6.3.1 Only one Single Family home shall be permitted on each Lot. Two story or split level homes shall include no less than 1,640 gross square feet of living space, exclusive of one-story open porches and garages. One story homes shall include no less than 1,400 gross square feet of living space, exclusive of one-story open porches and garages. 6.3.2 After Declarant has completed construction of all houses in the Community, any remodeling or exterior addition to any residence or other structure erected or placed on any Lot shall be completed as to external appearance, including finished painting, within six (6) months after the date of commencement of construction. All front, side and rear yard landscaping must be completed within six (6) months from the date of closing of the purchase of the residence by the Owner from the Declarant. In the event that strict enforcement of this provision would cause undue hardship due to weather conditions, this provision may be extended for a reasonable length of time when approved by the ACC. 6.3.3 All homes within the Community shall contain a garage; carports shall not be permitted. Unless otherwise approved by the ACC, all garages must be attached to, or incorporated in and made a part of, the residence constructed upon a Lot. In granting waivers to this requirement, the ACC will consider functional necessity and architectural desirability. 6.3.4 All driveways and parking areas shall be paved with material approved by the ACC. 6.3.5 No fence, fencing -type barrier, or hedge of any kind in excess of six (6) feet high or extending into the front yard of any residence shall be erected, allowed or maintained upon any Lot, without the prior written consent of the ACC. All fences shall be constructed of wood material unless approved by the ACC. Any such fence, barrier, row of trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established by the ACC, which standards may provide for limited acceptable styles and/or specifications. 6.3.6 Each home constructed on a Lot shall be built of new materials except, with approval of the ACC, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone, brick or stucco. Types and colors of exterior paint and stain must be submitted to the committee for approval. Any change to the exterior color of any improvement located on a Lot, including, without limitation, the dwelling, must be approved by the ACC. 6.3.7 All roofs on dwellings and garages shall be of composite, file or cedar shake and shall have a minimum pitch of four/twelve. 6.3.8 No owner shall grade, fill or otherwise alter the slope or contour of any Lot, construct or alter the drainage patterns initially installed and constructed by Declarant or a Residential Developer, or as established by the grading and natural course of surface and subsurface water run-off without first obtaining i) recommendations from a soils engineer or 14 civil engineer, as appropriate, duly licensed by the State of Washington, ii) any and all necessary governmental approvals and permits and iii) written approval of the ACC, if any. No Owner shall perforin any such work except in conformance with the recommendations, plans and specifications of such engineer. 6.4 Existing Residence. Intentionally omitted. 6.5 Signs. No sign of any kind shall be erected by an Owner or Occupant within the Community without the prior written consent of the ACC. Notwithstanding the foregoing, the Board and the Declarant shall have the right to erect reasonable and appropriate signs including, without limitation, signs related to Declarant's development and marketing of residences within the Community. In addition, "For Sale" signs and security signs consistent with the Community -Wide Standard and any signs required by legal proceedings may be erected upon any Lot. 6.6 Vehicles. The term "vehicles" as used herein shall include, without limitation, automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, jet skis, trailers, portable aircraft, motorcycles, snowmobiles, mini -bikes, scooters, go-carts, dune buggies and any other towed or self propelled transportation type vehicle. The term "passenger vehicles" as used herein shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles used regularly and primarily as transportation for the Occupants of the Lot. Vehicles used for commercial and recreational purposes are not considered passenger vehicles. "Parking areas" shall refer to the number of garage parking spaces and driveway areas in front of garages. However, driveway areas shall be considered "parking areas" for passenger vehicles only. 6.6.1 No vehicles other than passenger vehicles in regular use may be parked on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area on a Lot, if such screened area is approved by the ACC. Any vehicle regularly parked in an unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a nuisance and may be removed from the Community. 6.6.2 No passenger vehicles may be parked on any Lot or portion of the Community except in "parking areas" as defined in this Section. 6.6.3 Any passenger vehicle which is inoperable or unlicensed and not capable of use on the public highways and which is parked on any parking area for a period of more than forty-eight (48) hours shall be treated the same as a non -passenger vehicle and shall be considered a nuisance and may be removed from the Community. 6.6.4 The Board may adopt and maintain current rules and regulations concerning the parking and storage of vehicles on any Lot or any portion of the Community. Said rules are to protect the Community from the potentially adverse impacts of vehicles on the Community environment and to accommodate the evolving nature and use of such vehicles. Such rules and regulations may provide for exceptions and/or modifications to the 15 conditions of this Section as determined in the sole discretion of the Board. The Board shall rule on any dispute as to the interpretation or application of this Section and all rules and regulations established by the Board with respect to vehicles. 6.6.5 Off-street parking for at least three (3) passenger vehicles shall be provided on each Lot. Covered enclosed parking shall be provided for one (1) or more passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles, unless approved by the ACC. 6.7 Vehicles on Common Areas. No motorized vehicles shall be permitted on pathways or unpaved Common Areas except vehicles being used for the limited purpose of operating and maintaining utilities. 6.8 Leasing. Lots may be leased for residential purposes. All leases shall have a minimum term of at least six (6) months. All leases shall require, without limitation, that the tenant acknowledge receipt of a copy of the Declaration, Bylaws, and rules and regulations of the Association. 69 Occupants Bound. All provisions of the Declaration, Bylaws, and of any rules and regulations, which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all Occupants. Fines may be levied against Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may then be levied against the Owner. 6.10 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept in the Community; provided, however, that conventional household pets may be kept on a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any commercial purposes. Owners shall be responsible for the immediate clean up and removal of all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet. Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board shall have the authority to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered, licensed and inoculated from time to time as required by law. 6.11 Mining Prohibited. No portion of the Community shall be used for the purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons, minerals, gravel, or earth. 6.12 Nuisance. Each Owner and Occupant shall prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No illegal, illicit, noxious or offensive activity shall be carried on within the 16 Community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any property within the Community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law or unless specifically approved by the ACC. 6.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly of and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the storage of equipment, machinery, construction supplies or any similar material on a Lot outside of the home and garage constructed thereon is strictly prohibited except as required during the remodeling or refurbishing of improvements on such Lot and then for not more than sixty (60) days. 6.14 Antennas. No outside radio antenna, television antenna, microwave or satellite dish, aerial, or other such device (collectively "Antennas") with a diameter or diagonal measurement in excess of one meter shall be erected, constructed or placed on any Lot. Reasonable restrictions which comply with Federal, State and local laws and do not significantly increase the cost of the Antenna system or significantly decrease its efficiency or performance may be imposed by the ACC on Antennas with a diameter or diagonal measurement of one meter or less. 6.15 No Obstruction of Easements. Catch basins and drainage areas are for the purpose of natural flow of water only. No obstructions or debris shall be placed in these areas. No Owner or Occupant may obstruct or re -channel the drainage flows after location and installation of drainage swales, storm sewers or storm drains, Declarant hereby reserves for the benefit of Declarant and the Association and their respective successors and assigns a perpetual easement across all Common Areas and Lots for the purpose of maintaining or altering drainage and water flow. No structure, planting, or other material shall be placed or permitted to remain upon any easement which may damage or interfere with the installation and maintenance of any utilities, unless approved by the Board prior to installation. At no time shall any access easements be blocked. 6.16 Sight Distance at Intersections. All property located at street intersections shall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem as determined by the ACC in its sole discretion. 6.17 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, air- conditioning compressors, machinery, equipment and other similar items related to the operation of the residence shall be located or screened so as to be concealed from view from the street abutting the Lot on which such items are located. All rubbish, trash, and garbage 17 shall be regularly removed and shall not be allowed to accumulate. Trash, garbage, debris, or other waste matter of any kind may not be burned within the Community. 6.18 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed except with the prior written approval of the ACC. Declarant, however, hereby expressly reserves the right to re -plat any Lot or Lots owned by Declarant. Any such division, boundary line change, or re -platting shall not be in violation of the applicable subdivision and zoning regulations. 6.19 Guns. The use of firearms in the Community is prohibited. The term "firearms" includes without limitation BB guns, pellet guns, and firearms of all types. 6.20 Utilities. Except as may be permitted by the ACC, no overhead utility lines, including lines for cable television, shall be permitted within the Community, except for temporary lines as required during construction and except as such lines exist upon recording of the plat of the Community or as required by utilities serving the Community. 6.21 LiAtinst. No colored lights (except holiday displays and yellow insect type lights) shall be permitted at any location within the Community. All exterior fixtures that are attached to the home shall be of compatible design and materials of the home. Any post mounted exterior fixtures shall be of compatible design and materials as the fixtures attached to the home. No fixtures which illuminate and excessively glare onto any other Lot shall be permitted, and all exterior lights shall be screened to minimize impacts of light and glare. No unshielded spot/floodlight fixtures are permitted. 6.22 Artificial Ve etation Exterior Sculpture, and Similar Items. No artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard of any Lot unless approved by the ACC. 6.23 Mailboxes. All mailboxes Iocated on Lots shall be of a style approved by the ACC. Mailboxes shall be attached only to stands provided and maintained by the Association in designated locations. 6.24 Clotheslines. No exterior clotheslines of any type shall be permitted upon any Lot unless entirely screened from view from other Lots. 6.25 Exterior Security Devices. No exterior security devices, including, without limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot or the exterior of the residence stating that such residence is protected by a security system are permissible. 6.26 Construction and Sale Period. So long as Declarant owns any property in the Community for development and/or sale, the restrictions set forth in this Article 6 shall not be applied or interpreted so as to prevent, hinder or interfere with development, construction and sales activities of Declarant or any builder or developer approved by Declarant. ARTICLE 7 INSURANCE AND CASUALTY LOSSES 7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of the Association shall have the authority to and shall obtain or cause to be obtained insurance as follows: 7.1.1 The Board shall obtain insurance on all insurable buildings and, where the Board deems there to be a reasonable risk, other substantial structures whether or not such buildings or structures are located on the Common Areas and which the Association is obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard. Insurance on other substantial structures shall cover those risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by the Board. The Board may insure other types of improvements, including entry monuments, landscaping, and the like, as it deems advisable. With respect to such other improvements, the Board shall determine the risks to be insured and the amounts of insurance to be carried. 7.1.2 The Board shall obtain a public liability policy applicable to the Common Areas covering the Association and its members for all damage or injury caused by the negligence of the Association or any of its members or agents, and, if reasonably available, directors' and officers' liability insurance. The public liability policy shall have a combined single limit of at least One Million Dollars ($1,000,000.00) unless otherwise determined by the Board. 7.1.3 The Board is hereby authorized to contract with or otherwise arrange to obtain the insurance coverage required hereunder through the Declarant and to reimburse Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to purchase such insurance coverage for the benefit of the Association and the Owners upon Declarant and the Association agreeing upon the terms and conditions applicable to reimbursement by the Association for costs incurred by Declarant in obtaining such coverage. Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be required to comply with the provisions of this Article if the Board has contracted for or otherwise arranged to obtain the required insurance coverage through the Declarant. 7.1.4 Premiums for all insurance shall be common expenses of the Association. The policies may contain a reasonable deductible, and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the insurance at least equals the full replacement cost. 7.1.5 In the event insurance premiums in connection with the insurance required by this Article 7 become prohibitively expensive, in the judgment of the Board, the Board may with approval of seventy-five percent (75%) of the Total Association Vote reduce the amount of the required insurance, self -insure itself, or discontinue the insurance all together. 19 7.2 Policy Requirements. All such insurance coverage obtained by the Board of Directors shall be written in the name of the Association, as trustee for the respective benefited parties. Such insurance shall be governed by the provisions hereinafter set forth: 7.2.1 All policies shall be written with a company authorized to do business in Washington. 7.2.2 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto. 7.2.3 In no event shall the insurance coverage obtained and maintained by the Association's Board of Directors hereunder be brought into contribution with insurance purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by the Association shall be primary. 7.2.4 All casualty insurance policies shall have an inflation guard endorsement and an agreed amount endorsement if these are reasonably available and all insurance policies shall be reviewed annually by one or more qualified persons, at least one of whom must be in the real estate industry and familiar with construction in the City of Renton. 7.3 Other Insurance. In addition to the other insurance required by this Article 7, the Board shall obtain worker's compensation insurance, if and to the extent necessary to satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds, if reasonably available. The Association shall obtain additional insurance coverage, if and to the extent necessary to satisfy the requirements of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S. Department of Veterans Affairs, or the U.S. Department of Housing and Urban Development. 7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of this Declaration, each Owner acknowledges that the Association has no obligation to provide any insurance for any portion of individual Lots, and each Owner covenants and agrees with all other Owners and with the Association that each Owner shall at a minimum, carry fire and extended coverage casualty insurance on the Lot and all structures constructed thereon in an amount sufficient to cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard. 7.5 Damage and Destruction -- Insured by Association. 7.5.1 Immediately after damage or destruction by fire or other casualty to all or any portion of any improvement covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair 20 or reconstruction, as used in this Section, means repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. The Board of Directors shall have the enforcement powers specified in this Declaration necessary to enforce this provision. 7.5.2 Any damage or destruction to property covered by insurance written in the name of the Association shall be repaired or reconstructed unless, within sixty (60) days after the casualty, at least seventy-five percent (75%) of the Total Association Vote otherwise agree. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within such period, then the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed. 7.5.3 If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a vote of the Association's members, levy a special assessment against all Owners in proportion to the number of Lots owned by such Owners. Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association. 7.5.4 In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then and in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Community by the Association in a neat and attractive condition. 7.6 Damage and Destruction — Insured by Owners. The damage or destruction by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by the Owner thereof within seventy-five (75) days after such damage or destruction or, where repairs cannot be completed within seventy-five (75) days, they shall be commenced within such period and shall be completed within a reasonable time thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and remove all debris therefrom within seventy-five (75) days after such damage or destruction. In the event of noncompliance with this provision, the Board of Directors shall have all enforcement powers specified herein. 7.7 Insurance Deductible. The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction, be allocated among the Persons who are responsible hereunder, or be a common expense of the Association. 21 ARTICLE S CONDEMNATION In the event of a taking by eminent domain of any portion of the Common Areas on which improvements have been constructed, then, unless within sixty (60) days after such taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Areas to the extent lands are available therefor. The provisions of Section 7.5, above, applicable to Common Areas improvements damage, shall govern replacement or restoration and the actions to be taken in the event that the improvements are not restored or replaced. ARTICLE 9 MORTGAGEE PROVISIONS The following provisions are for the benefit of holders of first Mortgages on Lots in the Community. The provisions of this Article apply to both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein. 9.1 Notices of Action. An institutional holder, insurer, or guarantor of a first Mortgage, who provides a written request to the Association (such request to state the name and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an "eligible holder"), will be entitled to timely written report as to the current status of said Lot with respect to the following: 9.1.1 Any condemnation loss or any casualty loss which affects a material portion of the Community or which affects any Lot on which there is a first Mortgage held, insured, or guaranteed by such eligible holder, 9.1.2 Any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the Mortgage of such eligible holder. 9.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Areas. 9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to furnish to the Association the name and address of the holder of any Mortgage encumbering such Owner's Lot. 9.4 VA/HUD Approval. As long as the Declarant has the right to appoint and remove the directors of the Association and so long as the project is approved by the U.S. Department of Housing and Urban Development ("HUD") for insuring or the U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the 22 Community the following actions shall require the prior approval of the VA and/or HUD as applicable: dedication of Common Areas to any public entity; mergers and consolidations; dissolution of the Association, and material amendment of the Declaration, Bylaws or Articles of Incorporation. 9.5 Applicability of Article 9. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws, or Washington law for any of the acts set out in this Article. 9.6 Amendments by Board. Should the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their respective requirements which necessitate the provisions of this Article or make any such requirements less stringent, the Board, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. ARTICLE 10 EASEMENTS 10.1 Easements for Use and Enjoyment. 10.1.1 Every Owner of a Lot shall have a right and easement of ingress and egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to each Lot, subject to the following provisions: 10.1.1.1 the right of the Association to charge reasonable fees for the use of any portion of the Common Areas, to limit the number of guests of Lot Owners and tenants who may use the Common Areas, and to provide for the exclusive use and enjoyment of specific portions thereof at certain designated times by an Owner, his family, tenants, guests, and invitees; 10.1.1.2 the right of the Association to suspend the voting rights of an Owner and the right of an Owner to use certain Common Areas for any period during which any assessment against such Owner's Lot remains unpaid; 10.1.1.3 the right of the Association to borrow money for the purpose of improving the Common Areas, or any portion thereof, or for construction, repairing or improving any facilities located or to be located thereon, and to give as security for the payment of any such loan a Mortgage conveying all or any portion of the Common Areas; provided, however, the lien and encumbrance of any such Mortgage given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner encumbering any Lot or other property located within the Community; and 23 10.1.1.4 the right of the Association to dedicate or transfer all or any portion of the Common Areas subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has been approved by the affirmative vote of at least seventy-five percent (75%) of the Total Association Vote; provided, however, that during the Development Period, Declarant may, on its sole signature, dedicate or transfer portions of the Common Areas, so long as such transfer or dedication does not materially and adversely affect the Association or any Lot Owner. 10.1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment in and to the Common Areas and facilities located thereon to the members of such Owner's family and to such Owner's tenants and guests and shall be deemed to have made a delegation of all such rights to the Occupants of such Owner's Lot, if leased. 10.2 Easements for Utilities. There is hereby reserved to the Declarant, the Association and any utility providers designated by either the Declarant or the Association blanket easements upon, across, above and under all property within the Community for access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving the Community or any portion thereof, including, but not limited to, gas, water, sanitary sewer, storm sewer, cable television, telephone and electricity. It shall be expressly permissible for the Declarant, the Association, or the designee of either, as the case may be, to install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and maintaining of such wires, conduits, cables and other equipment related to the providing of any such utility or service. This easement shall be utilized so as to not unreasonably interfere with improvements constructed upon any Lot and the building envelope for any unimproved Lot. Should any party furnishing any such utility or service request a specific license or easement by separate recordable document, the Board shall have the right to grant such easement. 10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual easement for the benefit of the Association across such portions of the Community, determined in the sole discretion of the Association, as are necessary to allow for the maintenance required under Article 5. Such maintenance shall be performed with a minimum of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. 10.4 Easement for Entry Features. If Declarant installs an entry feature, there is hereby reserved to the Declarant and the Association an easement for ingress, egress, installation, construction, landscaping and maintenance of entry features and similar street- scapes for the Community, as more fully described on the recorded subdivision plat for the Community or any other recorded instrument, easement or conveyance. The easement and right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the right to grade the land under and around such entry features. 24 10.5 Construction and Sale Period Easement. Notwithstanding any provisions contained in this Declaration, the Bylaws, Articles of Incorporation, rules and regulations, design guidelines, and any amendments thereto, so long as Declarant owns any property in the Community for development and/or sale, Declarant reserves an easement across all Community property for Declarant and any builder or developer approved by Declarant to maintain and carry on, upon such portion of the Community as Declarant may reasonably deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient, or incidental to Declarant's and such builder's or developer's development, construction, and sales activities related to property described above, including, but without limitation: the right of access, ingress and egress for vehicular and pedestrian traffic and construction activities over, under, on or in the Community, including, without limitation, any Lot; the right to tie into any portion of the Community with driveways, parking areas and walkways; the right to tie into and/or otherwise connect and use (without a tap -on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar services including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Community; the right to carry on sales and promotional activities in the Community; and the right to construct and operate business offices, signs, construction trailers, model residences, and sales offices. Declarant and any such builder or developer may use residences, offices, or other buildings owned or leased by Declarant or such builder or developer as model residences and sales offices. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the Person causing the damage at its sole expense. During the Development Period, this Section shall not be amended without the Declarant's express written consent. 14.6 Easement for Maintenance of Retaining Walls. There is hereby reserved to all lot owners within the Community an easement for ingress and egress across the adjoining lots for maintenance of any retaining wall and all structures therein. ARTICLE 11 GENERAL PROVISIONS 11.1 Enforcement. Each Owner and Occupant shall comply strictly with the Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. After notice and an opportunity to be heard by the Board of Directors or by a representative designated by the Board, and in accordance with rules and regulations adopted by the Board, the Board may levy reasonable fines for violations of the above (in addition to any late charges that may be assessed in connection with the late payment of assessments or other Association charges) in accordance with a previously established schedule adopted by the Board and furnished to the Owners, which fines shall be collected as provided herein for the collection of assessments. Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be grounds for an action to recover sums due for damages or injunctive relief, or both, 25 maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to do so thereafter. 11.2 Duration. This Declaration shall run with and bind the Community, and shall inure to the benefit of and shall be enforceable by the Association or any Owner, their respective legal representatives, heirs, successors, and assigns, perpetually to the extent provided by law; provided, however, so long as and to the extent that Washington law limits the period during which covenants restricting land to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the land so long as permitted by such law, after which time, any such provision shall be (a) automatically extended (to the extent allowed by applicable law) for successive periods of ten (10) years, unless a written instrument reflecting disapproval signed by the then Owners of at least seventy-five percent (75%) of the Lots and the Declarant (so long as the Declarant owns any property for development and/or sale in the Community) has been recorded within the year immediately preceding the beginning of a ten (10) year renewal period agreeing to change such provisions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated to the extent specified therein; or (b) extended as otherwise provided by law. Every purchaser or grantee of any interest (including, without limitation, a security interest) in any real property subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section. 11.3 Amendments. 11.3.1 This Declaration maybe amended unilaterally at anytime and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration; (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this Declaration; or (iv) if such amendment is necessary to enable any governmental agency or private insurance company to insure or guarantee Mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as Declarant owns any property for development and/or sale in the Community, Declarant may unilaterally amend this Declaration for any other purpose; provided, however, any such amendment shall not materially adversely affect the substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot Owner. 11.3.2 This Declaration may also be amended upon the affirmative vote or written consent, or any combination thereof, of the Owners of at least seventy-five percent 26 (75%) of the Total Association Vote and the consent of Declarant (so long as the Declarant owns any property for development and/or sale in the Community). Amendments to this Declaration shall become effective upon recordation, unless a later effective date is specified therein. 11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any other Person shall bring any action for partition or division of the whole or any part thereof without the written consent of all Owners of all portions of the property located within the Community and without the written consent of all holders of all Mortgages encumbering any portion of the property, including, but not necessarily limited to, the Lots located within the Community. 11.5 Gender and Grammar. The singular, wherever used herein, shall be construed to mean the plural, when applicable, and the use of the masculine pronoun shall include the neuter and feminine. 11.6 Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable. 11.7 Captions. The captions of each Article and Section hereof, as to the contents of each Article and Section, are inserted only for convenience and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. 11.8 Perpetuities. If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now -living descendants of the individuals signing this Declaration. . 11.9 Indemnification. To the fullest extent allowed by applicable Washington law, the Association shall indemnify every officer and director against any and all expenses, including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which such officer or director may be a party by reason of being or having been an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or directors may also be members of the Association), and the Association shall indemnify and forever hold each such officer and director free and 27 harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association may, at the discretion of the Board, maintain adequate general liability and officers' and directors' liability insurance to fund this obligation, if such coverage is reasonably available. 11.10 Books and Records. This Declaration, the Articles of Incorporation, the Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership register, books of account, and minutes of meetings of the members of the Board and of committees shall be made available pursuant to reasonable procedures established by the Board for inspection and copying by any member of the Association or by the duly appointed representative of any member and by holders, insurers, or guarantors of any first Mortgage at any reasonable time and for a purpose reasonably related to such Person's interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or at such other reasonable place as the Board shall prescribe. 11.11 Financial Review. At least annually, the Board of Directors shall prepare, or cause to be prepared, a financial statement of the Association. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to receive a copy of such financial statement within ninety (90) days of the date of the request. 11-12 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective date of such sale or lease, the name of the purchaser or lessee of the Lot and such other information as the Board may reasonably require. Upon acquisition of a Lot each new Owner shall give the Association, in writing, the name and mailing address of the Owner and such other information as the Board may reasonably require, 11.13 Agreements. Subject to the prior approval of Declarant (so long as Declarant owns any property for development and/or sale in the Community or has the right to unilaterally annex additional property to the Community) all agreements and determinations, including settlement agreements regarding litigation involving the Association, lawfully authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal representatives, successors, assigns, and others having an interest in the Community or the privilege of possession and enjoyment of any part of the Community. 11.14 Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule or regulation, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. 11.15 Variances. Notwithstanding anything to the contrary contained herein, the Board of Directors or its designee shall be authorized to grant individual variances from any of the provisions of this Declaration, the Bylaws and any Design Guideline rule, regulation or 28 use restriction established pursuant thereto if it determines that waiver of application or enforcement of the provision in a particular case would not be inconsistent with the overall scheme of development for the Community. 11.16 Liti2atiion. No judicial or administrative proceeding shall be commenced or prosecuted by the Association unless approved by at least seventy-five percent (75%) of the Total Association Vote. This Section shall not apply, however, to (i) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens), (ii) the imposition and collection of assessments as provided in Article 4 hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims brought by the Association in proceedings instituted against it. This Section shall not be amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof, or is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above. EXECUTED this 17""day of J �`-`� , 2014 DECLARANT: Harbour Homes, LLC By: VP Justin Harman Vice President State of Washington ss. County of King I certify that I know or have satisfactory evidence that Justin Harman is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Vice President of Harbour Homes, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. (Seal Or Stamp) Dated: — , " / , nvz/ otary Public in and for the State of Washington Residing at: Printed Name: My Appointment Expires 7 I- /S` 29 Denis Law City 0f Mayor O May 17, 2012 Jamie Waltier Harbour Homes, LLC 1441 N. 34"Street, Suite 200 Seattle, WA 98103 Department of Community and Economic Development C.E."Chip"Vincent, Interim Administrator RG'A Air RE: Minor Amendment Approval — Kelcey's Crossing Preliminary Plat NE corner of SE 192 ad Street and 120`h Avenue 5E LUA- 03-069 Dear Mr. Waltier: We have reviewed your request to allow an alternate solution to the required off-site pedestrian school route improvements for the approved preliminary plat of Kelcey's Crossing. The preliminary plat is for 13 residential lots, and located on the northeast corner of SE 192nd Street and 120" Avenue SE. We have also reviewed the list of project conditions established by the Renton Hearing Examiner following annexation of the property to Renton, and are approving revisions to the phrasing of the plat conditions to clarify Renton requirements for approval of the final plat. These requests and revisions are approved as part of a minor amendment to the preliminary plat, as allowed by Renton Municipal Code (RMC) 4-7-080M. The approved amended preliminary plat conditions are listed below. A worksheet listing the original conditions and revised conditions is attached. The approved revisions include the approved modifications to the street standards, approval of the requested alternate school walkway installation, clarification of required impact fees, and a condition for compliance with Renton's Residential design Standards. The street modifications for the two adjacent existing rights-of-way and for the new internal street system were evaluated and approved under RMC (Renton Municipal Code) Section 4-9- 250D. The original street standards were based on King County street standards. The approved modifications result in design standards closer to the applicable Renton street standards for these streets, while maintaining the same or less right-of-way dedication for the project. The modifications reduce the amount of new impervious pavement, expand important planting strip opportunities, and improve pedestrian access, while maintaining the appropriate level of improvements for vehicular access, emergency vehicle access, and on -street parking opportunities. The approved street improvement modification is in conformance to the modification decision criteria listed in RMC 4-9-250D.2. The criteria and summary of how this modification approval satisfies the criteria is as follows: Renton City hall • 1055 South Grady Way - Renton,Washfngton 98057 • rentonwa.gov Mr. Jamie Waitler Page 2 of 7 May 17, 2012 a. Substantially implements the policy direction „of the policies and obiertives of the Comprehensive Plan Land Use Element and the Community DesignElement and the proposed mods !cation is the minimum gdiustmentnecessary to implement these policies and abiectiv_es. The Community Design Element has applicable policies listed under a separate section labeled Streets, Sidewalks and 5treetscapes. These policies are address walkable neighborhoods, safety and shared uses. Two specific policies support the decision to modify the street standards for greater planting strip use, and for narrower pavement width. These policies are Policy CD -102 and Policy CD -103. The Land Use Element Goals include three related items in #7 for new development. The goal is to promote new development that "are walkable places", "support grid and flexible grid street and pathway patterns", and "are visually attractive, safe, and healthy environments". The approved street modifications are consistent with these policy guidelines. b. Will meet the ob'ectives and saLety, function. appearance. environmental Protection and maintainability intended by the Code requirements, based upon sound engineering iudgment. The modified street improvements are in conformance to adopted Renton street standards for pavement width and on -street parking requirements. The sidewalk standards are modified to come closer to meeting current city standards, with the exception of only sidewalk on one side for the new internal roadway. The sidewalk in this situation meets the needs of the limited number of residents relying on this sidewalk for access to the greater neighborhood. c. Will not be iniuriaus to other property(ies) in the vicinity. The Improvements will provide an upgrade to current conditions, with the addition of new sidewalks and additional on -street parking opportunities. The improvements on 5E 192nd St will be consistent with other improvements on this Kent arterial, and will meet the standards for safe vehicular, bike, and pedestrian use. d. Con orms to the intent and pur2ose of the Code. These modifications from the prior King County standards are substantially closer to existing city street standards for these streets, including adjustments to pavement width, planting strips and sidewalk location. e. Can be shown to be iustified and required for the use and situation intended. The revised street standards provide a safer design for vehicles, bikes, and pedestrians, and will enhance the attractiveness of the new development, .Will not create adverse impacts to other propertyfies) in the vicinity. There are no identified adverse impacts from these modifications of rural county street standards to something closer to standards designed for urban applications. Amended Conditions of Approval for the Kelce)'s Crossing Preliminary Plat The proposed subdivision of Kelcey's Crossing Plat, as accepted by King County for complete application on August 16, 2007, and granted preliminary plat approval by the City of Renton on Mr. Jamie Walter Page 3 of 7 May 17, 2012 November 10, 2008, is granted approval of minor amendments to the prelitninary plat, subject to the following conditions of final plat approval: 1. Compliance with all platting provisions of the Renton Municipal Code (RMC) 4-8-110 2. Original condition deleted. 3. The plat shall comply with the base density and minimum density requirements of the R-4 zone classification in place in King County on December 11, 2006. All lots shall meet the minimum dimensional requirements of said R-4 zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the City of Renton Planning Division. All future houses within the plat shall substantially conform to the quidellnes listed in Renton Municipal Code (RMQ 4-2-115 Residential Design and Oi2en Space Requirements. The City shalt review and approve modifications from strict adherence to the, prescribed standards provided the opplicant demonstrates design alternates meeting the spirit and intent o tine guidelines. Any plat boundary discrepancies shall be resolved to the satisfaction of the Renton Planning Division prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary, or a physical appurtenance which indicates an encroachment, lines of possession, or a conflict of title. 4. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187, as amended f 199 KCRS), or as otherwise modified by agreement between the City of Renton Development Services Division and the applicant per RMC 4-9-250D. 5. The applicant roust obtain the approval of the Renton Fire Department for the adequacy of the fire hydrant, water main, and fire flow standards of RMC 4-5-070. 6. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval, which represent portions of the drainage requirements. All other applicable requirements in K.C.C. 9.04 and the King County Surface Water Design Manual (KCSWDM) must also be satisfied during engineering and ficial review. Drainage plans and analysis shall comply with the 2005 King County Surface Water Design Manual and applicable updates adopted by King County. City of Renton Development Services Division approval of the drainage and roadway plans is required prior to any construction. b. Current standard plan notes and ESC notes, as listed in the 2005 KCSWM, shall be shown on the engineering plans. C. The following note shall be shown on the final recorded plat: Mr. Jamie Waltier Page 4 of 7 May 17, 2012 "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings on file with the City of Renton Development Services Division. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designoted for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." 7. The drainage facilities shall meet the requirements of the 2GOS King County Surface Water Design Manual (KCSWDM). The drainage design shall meet at a minimum the Conservation Flow Control and Basic Water Quality requirements in the KCSWDM. The drainage design and plan submittals are to include the full disclosure of individual lot Best Management Practices (BMPs) prior to drainage construction plans. To implement the required BMPs for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. The requirements for BMPs are outlined in Chapter 5 of the 2005 KCSWDM, The design engineer shall address the applicable requirements on the final engineering plans and provide all necessary documents for implementation. The final recorded plat shall include all required covenants, easements, notes, and other details to implement the required BMPs for site development. 8. Drainage adjustment LOSVO030 has been approved for this project. Ail conditions of approval for this adjustment shall be met prior to engineering plan approval. 9. The following road improvements are required to be constructed in lieu of the original King County street standards: a. The internal access road (SE 191" Lane) shall be improved with 26 feet of paving, vertical curbs, and gutters on both sides, a six foot planting strip, and a five foot side- walk. The planting strip and sidewalk shall be on the south side of the street, and parking shall be limited to only the south side of the street. b. The frontage along SE 192"d Street must be improved per City of Kent standards, including curb, gutter, and sidewalk improvements. ' These improvements will require a separate construction permit from the City of Kent. c. Additional right-of-way dedication along SE 192"d Street will only be required if needed for the Kent required street improvement design. d. The frontage improvements along 120th Ave SE shall include a new vertical curb and gutter 13 feet from centerline of the right-of-way. An eight foot planting strip and five foot concrete sidewalk are also required. The radius improvements at the intersection with SE 192nd St must be per City of Kent requirements, along with any associated right- of-way dedication for the radius. e. The private access easement for Lots S through 13 shall be paved to a minimum width of 20 feet, with a minimum pavement depth of 4 inches of asphalt over six inches of crushed rock. f. Street modifications maybe approved by City of Renton Development Services Division according to the modification procedures of Renton Municipal Code 4-9-250D. Mr_ Jamie waltier Page 5 of 7 May 17, 2012 10. All utilities within proposed rights-of-way must be built and approved per RMC 4-7-200 prior to final plat recording. 11. The applicant or subsequent owner shall comply with the applicable City of Renton traffic mitigation fee schedule or applicable impact fee schedule in place at time of fee payment. The applicant has the option to either: (1) pay the traffic mitigation or impact fee at the final plat recording, or (2) pay the mitigation or impact fee at the time of building permit issuance. If the first option is chosen, the fee paid.shall be the fee in effect at the time of final plat application and a note shall be place on the face of the plat that reads, "All traffic mitigation or impact fees required by Renton Municipal Code have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. 12. Lots within this subdivision are subject to Renton Municipal Code 4-1-160, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to the building permit issuance. 13. off-site school walkway: The intention of any off-site pedestrian improvements was to provide pedestrian route from the site to Benson Glen Elementary School, approximately 2500 feet from the site. The route was to have a minimum paved shoulder for pedestrian use along the existing paved lanes. The route listed by the conditions was north on 120`t' Av SE, then east on SE 188th St to 116th Av SE. Review of the area shows this level of pedestrian improvements already exists from the site to the school. This route is going east along SE 142nd St and then north on 116"` Av SE, which is the same distance as the route listed in the original condition. Since the goal expressed for this condition already is met by existing street improvements, Condition f#13 is satisfied with the existing equivalent alternate pedestrian route from the site to Benson Glen Elementary School. 14. Suitable recreation space shall be provided consistent with the requirements of KCC 21A.14.180 and KCC 21A. 14.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches, etc.). In lieu of providing these improvements, the applicant may choose to pay the Parks Mitigation or Impact fees prior to the final plat recording, using the fee schedules in effect when the plat receives final approval if the applicant opts to provide suitable recreation space on-site: a. A detailed recreation space plan (i,e., location, area calculations, dimensions, landscape specs, equipment specs, etc.) shall be submitted for review and approval by the City of Renton Community & Economic Development Department and Parks Department prior to or concurrent with the submittal of engineering plans. b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. 15. A homeowners' association or other workable organization shall be established to the satisfaction of the City of Renton Community & Economic Development Department, which provides for the ownership and continued maintenance of the recreation tracts. 16. Street trees shall be provided as follows (per KCRS 5.03 and K.C.C. 21A.16.050): Mr. Jamie waltier Page 6of7 May 17, 2612 a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless City of Renton Development Services Division determines that trees should not be located in the street right-of-way. c. If City of Renton Development Services Division determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the city has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. e. The species of trees shall be approved by City of Renton Development Services Division if located within the right-cf-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit -bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. f. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by City of Renton Development Services Division prior to engineering plan approval. g. The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if SE 192"d St is on a bus route. If SE 192ed St is a bus route, the street tree plan shall also be reviewed by Metro. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat, if a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after City of Renton Development Services Division has completed a second inspection and determined that the trees have been kept healthy and thriving. A landscape inspection fee may also be required prior to plat recording. The inspection fee is subject to change based on the current city fees at time of final plat recording. 17. To implement appropriate tree retention standards under RMC 44130, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention pian (and engineering plans) shall be consistent with the requirements of RMC 4-4- 130. No clearing of the subject property is permitted until the final tree retention plan is approved by City of Renton Development Services Division. Flagging and temporary fencing of trees to be retained shall be provided, consistent with RMC 4-4-130. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around the preserved trees, except for grading work permitted pursuant to RMC 4-4-130. No clearing or grading of the site shall occur until CED approves the detailed tree retention plan. Mr. Jamie Waltier Page 7 of 7 May 17, 2012 18. Sprinkler Requirement: All future residences constructed within this subdivision are required to be sprinklered (NEPA 13D) unless all portions of the exterior walls of Structures will be within 150 feet (as a person would walk via an approved route around the building) from a minimum 20 -foot wide, unobstructed driving surface. To qualify for removal of the sprinkler requirement, driving surfaces between curbs must be a minimum of 25 feet in width when parking is allowed on one side of the roadway, and at least 32 feet in width when parking is permitted on both sides. This decision to approve the minor amendment to the Kelsey's Crossing Preliminary Plat is subject to a fourteen (14) day appeal period from the date of this letter. Any appeals of the administrative decision must be filed with the City of Renton Hearing Examiner by 5:00 pm, May 3:1, 21312. If you have additional questions regarding requirements for this project, please contact Kayren Kittrick at 425-430-7299. Sincerely, 44 l A711 Neil Watts, Director Development Services Division attachment cc: Chip Vincent, Interim CED Administrator Kayren Kittrick, Development Engineering Supervisor Jennifer Henning, Current Planning Manager Denis Law Mayer,jt cityof �Y June 6, 2012 Department of Community and Economic Devefopment C.E."Chip"Vincent, Interim Administrator Jamie Waltier Harbour Homes, LLC 1441 North 34t4 Street, Suite 200 RECD i u Ni a 8 20 12 Seattle, WA 98103 RE: Kelcey's Crossing Preliminary plat Minor Amendment Approval Clarifications NE Corner of Se 192nd Street and 120"` Avenue 5E LUA 0"69 Dear Mr, Waltier: Thank you for meeting with me to discuss your questions on the amended conditions for the Kelcey's Crossing preliminary plat. This memo is a follow-up to our discussion to provide clarification on the project conditions. Condition #3: The reference dimensional requirements for King County R-4 zoning standards is in error. The correct reference dimensional requirements for this project are the King County R-6 zoning standards in effect at time of application. Condition #4: The reference to the 1993 KCRS is incorrect, and should be the 2007 KCRS. The proposed 20 -foot wide access tracts are acceptable. Condition 45: Based upon the proposed project street design and vested King County standards, fire sprinklers are not required for any of the new homes in the plat. I hope these responses are helpful in clarifying these points. If you have additional questions regarding this approved minor amendment and associated conditions, you may contact me (425)430-7218 or Kayren Kittrick (425)430-7299. Sincerely, Neil Watts, Director Development Services Division cc: Chip Vincent, Interim CED Administrator Kayren Kittrick, DeveJopment Engineering Supervisor Jennifer Denning, Current Planning Manager Renton City Ball . 1055 South Grady Way • Renton,Washington 98057 . rentonwa.gov March 6, 2014 Project No. 12061 City of Renton Planning Division 1055 South Grady Way Renton WA 98057 RFC F--.1VFD Re: Kelsey's Crossing Final Plat MAP 102D14 To Final Plat Reviewer CITY ��- 04NTON PLAN \; N: r r f The following is provided in response to the City's Final Plat suLmI60equirement regarding "Confirmation of Compliance with all Conditions of Plat Approval". Hearing Examiner's Conditions as amended by Neil Watts, Director of City of Renton Development Services Division in the letter to Jamie Waltier of Harbour Homes, LLC, dated May 7, 2012 and clarified in the letter to Jamie Waltier of Harbour Homes, LLC, dated June 6, 2012: 1. Compliance with all platting provisions of the Renton Municipal Code (RCM) 4-8-110. The final plat has been prepared in compliance with sited code. 2. Original condition deleted. 3. (a) The plat shall comply with the base density and minimum density requirements of the R-6 zone classification in place in King County on December 11, 2006. All lots shall meet the minimum dimensional requirements of said R-6 zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the City of Renton Planning Division. The final plat has been prepared in conformance with the preliminary plat and meets the density and dimensional requirements of the R-6 zone classification. (b) All future houses within the plat shall substantially conform to the guidelines listed in Renton Municipal Code (RMC) 4-2-115 Residential Design and Open Space Requirements. The City shall review and approve modifications from strict adherence to the prescribed standards provided the applicant demonstrates design alternates meeting the spirit and intent of the guidelines. This condition shall be met by action taken by future home builders and The City of Renton. (c) Any plat boundary discrepancies shall be resolved to the satisfaction of the Renton Planning Division prior to the submittal of the final plat documents. As used in this condition, "discrepancy" is a boundary hiatus, an overlapping boundary or a physical appurtenance which indicates an encroachment, lines of possession, or a conflict of title. There are no boundary issues to revolve. 4. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by City of Renton March 6, 2414 Page 2 of 7 Ordinance No. 11187, as amended (2007 KCRS), or as otherwise modified by agreement between the City of Renton Development Services Division and the applicant per RMC 4-9-250D. The approved construction plans have been prepared in accordance with required standards. This condition will be met by the completion of construction of the site improvements, as shown on the approved plans. 5. The applicant must obtain the approval of the Renton Fire Department for the adequacy of the fire hydrant, water main, and fire flow standards of RMC 4-5-070. Cory Thomas, City of Renton Fire Department Plan Reviewlinspector has inspected the plat and provided comments, see e-mail from Mr. Thomas to Ms. Jan Illian dated February 14, 2014. Mr. Thomas' comments will be addressed prior to approval of the final plat. 6. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval, which represent portions of the drainage requirements. All other applicable requirements in K C. C. 9.04 and the King County Surface Water Design Manual (KCSWDM) must also be satisfied during engineering and final review. (a) Drainage plans and analysis shall comply with the 2005 King County Surface Water Design Manual and applicable updates adopted by King County. City of Renton Development Services Division approval of the drainage and roadway plans is required prior to any construction. The approved storm drainage plans have been prepared in compliance with the required codes. (b) Standard plan notes, as listed in the 2005 KCSWM, shall be shown on the engineering plans. The approved construction plans include the required notes. (c) The following note shall be shown on the final recorded plat: "All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction plans on file with the City of Renton Development Services Division_ This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file. " The required note has been included on the final plat. 7. To implement the required Best Management Practices (BMPs) for treatment of storm water, the final engineering plans and technical information report (TIR) shall clearly demonstrate compliance with all applicable design standards. The requirements for best management practices are outlined in Chapter 5 of the 2005 KCSWDM. The design engineer shall address the applicable requirements on the final engineering plans and provide all necessary documents for implementation. The final City of Renton March 6, 2014 Page 3 of 7 recorded plat shall include all required covenants, easements, notes, and other details to implement the required BMPs for site development. The approved engineering plans and technical information report have been prepared and demonstrate compliance with the stated standards. BMP restrictions regarding maximum impervious surfaces have been included on the final plat. 8. Drainage adjustment LOSVO030 has been approved for this project. All conditions of approval for this adjustment shall be met prior to engineering plan approval. The approved engineering plans have addressed necessary conditions 9. The following road improvements are required to be constructed in lieu of the original King County street standards.- a. tandards:a. The internal access road (SE 191" Lane) shall be improved with 26 feet of paving, vertical curbs, and gutters on both sides, a six foot planting strip and a five foot sidewalk. The planting strip and sidewalk shall be on the south side of the street, and parking shall be limited to only the south side of the street. This condition shall be met by the completion of the site improvements, as shown on the approved construction plans. b. The frontage along SE 192nd Street must be improved per City of Kent standards, including curb, gutter and sidewalk improvements. These improvements will require a separate construction permit from the City of Kent. This condition shall be met by the completion of the site improvements, as shown on the approved construction plans. c. Additional right-of-way dedication along SE 192nd Street will only be required if needed for the Kent required street improvement design. This condition has been met by the appropriate conveyance to the city of Kent, by deed recorded under Recording Number 20130729000867. d. The frontage improvements along 120th Ave SE shall include a new vertical curb and gutter 13 feet from centerline of the right-of-way. An eight foot planting strip and five foot concrete sidewalk are also required. The radius improvements at the intersection with SE 192nd St must be per City of Kent requirements, along with any associated right-of-way dedication for the radius. This condition shall be met by the completion of the site improvements, as shown on the approved construction plans. e. The private access easement for Lots 8 through 13 shall be paved to a minimum width of 20 feet, with a minimum pavement depth of 4 inches of asphalt over six inches of crushed rack- This ock This condition shall be met by the completion of the site improvements, as shown on the approved construction plans. City of Renton March 6, 2014 Page 4of7 f. Street modifications may be approved by City of Renton Development Services Division according to the modification procedures of Renton Municipal Code 4-9-250D. No modifications were implemented. 10. All utilities within proposed rights-of-way must be built and approved per RMC 4-7-200 prior to final plat recording. This condition shall be met by the completion of the site improvements, as shown on the approved construction plans. 11. The applicant or subsequent owner shall comply with the applicable City of Renton traffic mitigation fee schedule or applicable impact fee schedule in place at time of fee payment. The applicant has the option to either. (1) pay the traffic mitigation or impact fee at the final plat recording, or (2) pay the mitigation or impact fee at the time of building permit issuance. if the first option is chosen, the fee paid shall be the fee in effect at the time of final plat application and a note shall be place on the face of the plat that reads, "All traffic mitigation or impact fees required by Renton Municipal Code have been paid. " If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. The developer has elected to postpone the required payment to the time of building permit issuance. A note disclosing the required payment has been included on the final plat. 12. Lots within this subdivision are subject to Renton Municipal Code 4-1-160, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to the recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to the building permit issuance. A note disclosing the required payment has been included on the final plat. 13. The intention of these off-site pedestrian improvements was to provide pedestrian route from the site to the Benson Glen Elementary School approximately 2500 feet from the site. The route was to have a minimum paved shoulder for pedestrian use along the existing paved lanes. The route listed by the conditions was north on 12th Ave SE, then east on SE 188th St to 116th Ave SE. Review of the area shows that this level of pedestrian improvements already exist from the site to the school. This route is going east along SE 192nd St and then north on 116th Ave SE, which is the same distance as the route listed in the original condition. Since the goal expressed for this condition already is met by existing street improvements, Condition #13 is satisfied with the existing completion of an equivalent alternate pedestrian route from the site to the Benson Glen Elementary School. This condition has been satisfied, as acknowledged by the City of Renton in the condition. 14. The applicant may comply with the original condition to provide suitable recreation space as part of the plat development, or pay the Parks Mitigation or impact fees prior to the final plat recording, using the fee schedules in effect when the plat receives final approval. If the applicant chooses the option to provide suitable recreation space, the detailed plan rewired under section (a) shall be City of Renton March 6, 2014 Page 5 of 7 submitted for review and approval of the City of Renton Community & Economic Development Department and Parks Department instead of DDES and King County Parks. The applicant has chosen to pay the Parks Impact fee in lieu of providing the recreation space improvements. All required fees will be paid prior to final plat approval. 15. A homeowners' association or other workable organization shall be established to the satisfaction of the City of Renton Community & Economic Development Department, which provides for the ownership and continued maintenance of the recreation tracts. This condition shall be met by action taken by the developer. Proof of incorporation will be provided prior to final plat approval. 16. Street trees shall be provided as follows (per KCRS 5.03 and K. C. C. 21A.16.050): a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. This condition shall be met by the installation and completion of the landscaping, as shown on the approved pians. b. Trees shall be located within the street right-of-way and planted in accordance with drawing No. 5-009 of the 1993 King County Road Standards, unless City of Renton Development Services Division determines that trees should not be located in the street right-of-way. This condition shall be met by the installation and completion of the landscaping, as shown on the approved pians. c. if City of Renton Development Services Division determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. This condition shall be met by the installation and completion of the landscaping, as shown on the approved plans. d_ The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the city has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. The required note has been provided on the final plat. e. The species of trees shall be approved by City of Renton Development Services Division if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit -bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines_ City of Renton March 6, 2014 Page 6 of 7 This condition shall be met by the installation and completion of the landscaping, as shown on the approved plans. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by City of Renton Development Services Division prior to engineering plan approval. The required bond quantity sheet is included in the first submittal of the final plat. g. The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if SE 192nd St is on a bus route. if SE 192nd St is a bus route, the street tree plan shall also be reviewed by Metro. The plan has been reviewed by Metro. See the e-mail from David Korthals with King County Metro Transit, dated February 13, 2014 to Mr. Maher Joudi confirming that SE. 192n6 Street is not on a bus route. h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. if a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after City of Renton Development Services Division has completed a second inspection and determined that the trees have been kept healthy and thriving. This condition shall be met by action taken by the developer and the City of Renton. i. A landscape inspection fee may also be required prior to plat recording. The inspection fee is subject to change based on the current city fees at time of final plat recording. This condition shall be met, if required, by action taken by the developer IT To implement appropriate tree retention standards under RMC 4-4-130, a detailed tree retention plan shall be submitted with the engineering plans for the subject plat. The tree retention plan (and engineering plans) shall be consistent with the requirements of RMC 4-4- 130. No clearing of the subject property is permitted until the final tree retention plan is approved by Renton Development Services Division. Flagging and temporary fencing of trees to be retained shall be provided, consistent with RMC 4-4-130. The placement of impervious surfaces, fill material, excavation work, or the storage of construction materials is prohibited within the fenced areas around the preserved trees, except for grading work permitted pursuant to RMC 4-4-130. No clearing or grading of the site shall occur until CED approves the detailed tree retention plan. The required tree retention plan has been submitted to the city. The tree retention plan and approved engineering plans have been prepared in compliance with the sited code. 18. All future residences constructed within this subdivision are required to be sprinkled (NFPA 13D) unless all portions of the exterior walls of structures will be within 150 feet (as a person would walk City of Renton March 6, 2014 Page 7 of 7 via an approved route around the building from a minimum 20 -foot wide, unobstructed driving surface. To qualify for removal of the sprinkler requirement, driving surfaces between curbs must be a minimum of 26 feet in width when parking is allowed on one side of the roadway, and at least 32 feet in width when parking is permitted on both sides. The approved construction plans have been prepared to provide the required unobstructed driving surface eliminating the sprinkler requirement. trust this will satisfy the City's Final Plat submittal requirement. SincerelyDSc D. R. Su Engineers Inc. Stephen S Survey Department Manager SJS R:4201210112061121Documents1Fina1Plan 131206 Renton-COA.Doc DENSITY WORKSHEET City of Renton Planning Division 1055 South Grady Way -Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. 87,560 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 I 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 12,251 square feet 0 square feet 0 square feet 2. 12,251 square feet 3. 75,309 square feet 4. 1.7289 acres 5. 13 units/lots `BAR I (? 2014 Cit i' i'DF Rt -,NT IN PL/1NN1N,G 6. 7.5 = 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:12D1210112061121DocumentslFinal Platldensity.doc - 1 - 03108 KELSEY'S CROSSING FINAL PLAT MAP CHECKS DRS PROJECT NO. 12061 PREPARED BY SJS 11/12/13 �R. MAR 10 MIA CITE' rsF PEI~ a" N D.R. STRONG CONSULTING ENGINEERS 6207 TH AVENUE KIRKLAND, WA. 98033 LOT CL -1 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 500 159862.203 1306827.156 0.00 N 02001'20" E 213.12 10010 160075.186 1306834.676 213.12 S 87058'40" E 345.33 10011 160063.001 1307179.788 558.44 S 01058'40" W 19.00 10007 160044.012 1307179.132 577.44 S 01058140" W 138.60 10002 159905.493 1307174.348 716.04 S 01058'40" W 46.02 10012 159859.504 1307172.760 762.06 N 89033'09" W 345.61 500 159862.203 1306827.156 1107.68 Closure Error Distance> 0.0088 Error Bearing> S 75041151" W Closure Precision> 1 in 125462.9 Total Distance> 1107.68 LOT AREA: 71971 SQ FT OR 1.7 ACRES Page 19 of 30 LOT G1,-2 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10010 160075.186 1306834.676 0.00 S 87058140" E 345.33 10011 160063.001 1307179.788 345.33 N 01°58'40" E 19.00 2232 160081.989 1307180.443 364.33 N 01058'40" E 100.76 506 160182.689 1307183.921 465.09 N 89023'16" W 315.33 505 160186.058 1306868.610 780.41 N 89023'16" W 30.01 10013 160186.378 1306838.603 810.42 S 02001'20" W 111.26 10010 160075.186 1306834.676 921.69 Closure Error Distance> 0.0028 Error Bearing> S 37°57'21" W Closure Precision> 1 in 324403.5 Total Distance> 921.69 LOT AREA: 39884 SQ FT OR 0.9 ACRES Page 20 of 30 LOT BOUNDARY OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10002 159905.493 1307174.348 0.00 N 89°33109" W 300.66 2256 159907.841 1306873.694 300.66 Radius: 14.50 Length: 23.18 Chord: 20.79 Delta: 91034'29" Chord BRG: N 43°45'55" W Rad -In: N 00°26'51" E Rad -Out: S 87058'40" E Radius Pt: 2257 159922.340,1306873.807 Tangent: 14.90 Dir: Right Tangent -In: N 89°33109" W Tangent -Out: N 02°01'20" E TangentialT-In 10005 159922.852 1306859.316 323.84 N 90000100" E 0.00 10005 159922.852 1306859.316 323.84 N 02001'20" E 263.37 505 160186.058 1306868.510 587.21 S 89023'16" E 315.33 506 160182.689 1307183.921 902.54 S 01°58140" W 277.36 10002 159905.493 1307174.348 1179.90 Closure Error Distance> 0.0047 Error Bearing> S 24053133" W Closure Precision> 1 in 253446.9 Total Distance> 1179.90 LOT AREA: 87560 SQ FT OR 2.0 ACRES Page 17 of 30 LOT ROW OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10007 1.60044.012 1307179.132 0.00 N 87058'40" W 107.34 2244 160047.800 1307071.858 107.34 N 87058'40" W 88.00 2081 160050.905 1306983.913 195.34 N 87058'40" W 20.00 2087 160051.611 1306963.925 215.34 N 87058140" W 75.00 2263 160054.257 1306888.972 290.34 Radius: 25.00 Length: 39.27 Chord: 35.36 Delta: 90000'00" Chord BRG: S 47001'20" W Rad -In: S 02°01120" W Rad -Out: S 87058'40" E Radius Pt: 2262 160029.273,1306888.090 Tangent: 25.00 Dir: Left Tangent --In: N 87058'40" W Tangent -Out: S 02°01'20" W Tangential -In Non Tangential -Out 2261 160030.155 1306863.105 329.61 N 02001120" E 88.00 2243 160118.100 1306866.210 417.61 Radius: 25.00 Length: 39.27 Chord: 35.36 Delta: 90000'00" Chord BRG: S 42058140" E Rad -In: S 87058'40" E Rad -Out: N 02001'20" E Radius Pt: 2242 160117.218,1306891.195 Tangent: 25.00 Dir: Left Tangent -In: S 02001120" W Tangent -Out: S 87058140" E Non Tangential -In Tangential -Out 2027 160092.234 1306890.313 456.88 S 87058'40" E 25.00 2028 160091.351 1306915.297 481.88 S 87058140" E 45.00 2030 160089.763 1306960.269 526.88 S 87058'40" E 40.00 2238 160088.352 1307000.244 566.88 S 87058'40" E 45.00 2033 160086.764 1307045.216 611.88 S 87058140" E 45.00 2236 160085.176 1307090.188 656.88 S 87058140" E 45.00 10006 160083.588 1307135.160 701.88 S 87058140" E 45.31 2232 160081.989 1307180.443 747.19 S 01058140" W 38.00 10007 160044.012 1307179.132 785.19 Closure Error Distance> 0.0066 Error Bearing> N 06°34110" E Closure Precision> 1 in 118952.1 Total Distance> 785.19 LOT AREA: 12251 SQ FT OR 0.3 ACRES Page 18 of 30 Lot Report Tue Nov 12 12:01:23 2C Lot File: R:\201210\12061\2\Carlson\mapchecks.lot CRD File: R:\2012\0112061\2\Carlson\12061.crd LOT 1 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 2028 160091.351 1306915.297 0.00 N 87058'40" W 25.00 2027 160092.234 1306890.313 25.00 Radius: 25.00 Length: 39.27 Chord: 35.36 Delta: 90000'00" Chord BRG: N 42058140" W Rad -In: N 02°01'20" E Rad -Out: S 87°58'40" E Radius Pt: 2242 160117.218,1306891.195 Tangent: 25.00 Dir: Right Tangent -1n: N 87058140" W Tangent -Out: N 02°01'20" E Tangential -In Tangential -Out 2243 160118.100 1306866.210 64.27 N 02001120" E 68.00 505 160186.058 1306868.610 132.27 S 89023116" E 50.03 2225 160185.523 1306918.622 182.29 S 02001120" W 94.23 2028 160091.351 1306915.297 276.52 Closure Error Distance> 0.0044 Error Bearing> S 22°44127" W Closure Precision> 1 in 62762.1 Total Distance> 276.52 LOT AREA: 4547 SQ FT OR 0.1 ACRES Page 1 of 2 LOT 2 OF BLOCK 1, TYPE: LOT PNT4 Bearing Distance Northing Easting Station 2030 160089.763 1306960.269 0.00 N 87058140" W 45.00 2028 160091.351 1306915.297 45.00 N 02001'20" E 94.23 2225 160185.523 1306918.622 139.23 S 89023'16" E 45.01 2226 160185.043 1306963.633 184.24 S 02001120" W 95.34 2030 160089.763 1306960.269 279.58 Closure Error Distance> 0.0044 Error Bearing> N 57°56'55" E Closure Precision> 1 in 63822.3 Total Distance> 279.58 LOT AREA: 4265 SQ FT OR 0.1 ACRES Page 2 of 30 LOT 3 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 2238 160088.352 1307000.244 0.00 N 87058'40" W 40.00 2030 160089.763 1306960.269 40.00 N 02001120" E 95.34 2226 160185.043 1306963.633 135.34 S 89023116" E 40.01 2227 160184.615 1307003.643 175.35 S 02001120" W 96.32 2238 160088.352 1307000.244 271.67 Closure Error Distance> 0.0050 Error Bearing> S 23°05'12" E Closure Precision> 1 in 54516.6 Total Distance> 271.67 LOT AREA: 3833 S4 FT OR 0.1 ACRES Page 3 of 30 LOT 4 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 2033 160086.764 1307045.216 0.00 N 87058'40" W 45.00 2238 160088.352 1307000.244 45.00 N 02001120" E 96.32 2227 160184.615 1307003.643 141.32 S 89023'16" E 45.01 2228 160184.134 1307048.654 186.34 S 02001'20" W 97.43 2033 160086.764 1307045.216 283.77 Closure Error Distance> 0.0044 Error Bearing> N 57°56'55" E Closure Precision> 1 in 64777.6 Total Distance> 283.77 LOT AREA: 4359 SQ FT OR 0.1 ACRES Page 4 of 30 LOT 5 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 2236 160085.176 1307090.188 0.00 N 87058140" w 45.00 2033 160086.764 1307045.216 45.00 N 02001'20" E 97.43 2228 160184.134 1307048.654 142.43 S 89023116" E 45.01 2229 160183.653 1307093.665 187.44 S 02001120" w 98.54 2236 160085.176 1307090.188 285.98 Closure Error Distance> 0.0044 Error Bearing> N 57°56155" E Closure Precision> 1 in 65283.3 Total Distance> 285.98 LOT AREA: 4409 SQ FT OR 0.1 ACRES Page 5 of 30 LOT 6 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10006 160083.588 1307135.160 0.00 N 87058140" W 45.00 2236 160085.176 1307090.188 45.00 N 02001'20" E 98.54 2229 160183.653 1307093.665 143.54 S 89023'16" E 45.01 2230 160183.172 1307138.676 188.55 S 02001'20" W 99.65 10006 160083.588 1307135.160 288.20 Closure Error Distance> 0.0044 Error Bearing> N 57056'55" E Closure Precision> 1 in 65789.0 Total Distance> 288.20 LOT AREA: 4459 SQ FT OR 0.1 ACRES Page 6 of 30 LOT 7 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 2232 160081.989 1307180.443 0.00 N 87058140" W 45.31 10006 160083.588 13071.35.160 45.31 N 02001'20" E 99.65 2230 160183.172 1307138.676 144.96 S 89023116" E 45.25 506 160182.689 1307183.921 190.20 S 01058140" W 100.76 2232 160081.989 1307180.443 290.96 Closure Error Distance> 0.0057 Error Beari.ng> S 54°02'10" W Closure Precision> 1 in 51435.9 Total Distance> 290.96 LOT AREA: 4536 SQ FT OR 0.1 ACRES Page 7 of 30 LOT 8 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing 2245 159999.830 N 87058140" W 88.00 2082 160002.935 N 02001120" E 48.00 2081 160050.905 S 87058'40" E 88.00 2244 160047.800 S 02°01'20" W 48.00 2245 159999.830 Closure Error Distance> 0.0000 Total Distance> 272.00 LOT AREA: 4224 SQ FT OR 0.1 ACRES Page 8 of 30 Fasting Station 1307070.164 0.00 1306982.219 88.00 1306983.913 136.00 1307071.858 224.00 1307070.164 272.00 Lot Report Tue Nov 12 12:06:39 2C Lot File: R:\201210\12061\2\Carlson\mapchecks.lot CRD File: 8:1201210\12061\21Carlson\12061.crd LOT 9 OF BLOCK 1, TYPE: LOT PNT4 Bearing Distance Northing Fasting Station 2246 159954.858 1307068.576 0.00 N 87058'40" W 88.00 2083 159957.963 1306980.631 88.00 N 02001'20" E 45.00 2082 160002.935 1306982.219 133.00 S 87058'40" E 88.00 2245 159999.830 1307070.164 221.00 S 02001'20" W 45.00 2246 159954.858 1307068.576 266.00 Closure Error Distance> 0.0000 Total Distance> 266.00 LOT AREA: 3960 SQ FT OR 0.1 ACRES Page 1 of 2 LOT TO OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 2247 159906.332 1307066.863 0.00 N 89°33'09" W 98.04 2248 159907.098 1306968.829 98.04 N 02001'20" E 33.93 2084 159941.005 1306970.026 131.97 N 3200111.7" E 20.00 2083 159957.963 1306980.631 151.97 S 87058'40" E 88.00 2246 159954.858 1307068.576 239.97 S 02001'20" W 48.56 2247 159906.332 1307066.863 288.52 Closure Error Distance> 0.0048 Error Bearing> N 44°18'18" E Closure Precision> 1 in 60176.4 Total Distance> 288.52 LOT AREA: 4804 SQ FT OR 0.1 ACRES Page 9 of 30 LOT 11 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Fasting Station 2084 159941.005 1306970.026 0.00 S 02001120" W 33.93 2248 159907.098 1306968.829 33.93 N 89033'09" W 95.14 2256 159907.841 1306873.694 129.07 Radius: 14.50 Length: 23.18 Chord: 20.79 Delta: 91034129" Chord BRG: N 43045155" W Rad -In: N 00026'51" E Rad -Out: S 87058'40" E Radius Pt: 2257 159922.340,1306873.807 `tangent: 14.90 Dir: Right Tangent -In: N 89033109" W Tangent --Out: N 02001120" E Tangential -In Tangential -Out 10005 159922.852 1306859.316 152.24 N 02001120" E 39.37 2259 159962.197 1306860.706 191.61 S 87058140" E 100.00 2085 159958.669 1306960.643 291.61 S 27058138" E 20.00 2084 159941.005 1306970.026 311.61 Closure Error Distance> 0.0061 Error Bearing> S 66040122" E Closure Precision> 1 in 51419.1 Total Distance> 311.61 LOT AREA: 5669 SQ FT OR 0.1 ACRES Page 10 of 30 LOT 12 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing 2085 159958.669 N 87058'40" W 100.00 2259 159962.197 N 02001'20" E 45.00 2260 160007.169 S 87058140" E 1.00.00 2086 160003.641 S 02001120" W 45.00 2085 159958.669 Closure Error Distance> 0.0000 Total Distance> 290.00 LOT AREA: 4500 SQ FT OR 0.1 ACRES Page 11 of 30 Easting Station 1306960.643 0.00 1306860.706 100.00 1306862.294 145.00 1306962.231 245.00 1306960.643 290.00 LOT 13 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 2086 160003.641 1306962.231 0.00 N 87058'40" W 100.00 2260 160007.169 1306862.294 100.00 N 02001"20" E 23.00 2261 160030.155 1306863.105 123.00 Radius: 25.00 Length: 39.27 Chord: 35.36 Delta: 90000100" Chord BRG: N 47°01'20" E Rad -In: S 87058'40" E Rad -Out: S 02001120" W Radius Pt: 2262 160029.273,1306888.090 Tangent: 25.00 Dir: Right Tangent -In: N 02001'20" E Tangent -Out: S 87°58'40" E Tangential -In Tangential -Out 2263 160054.257 1306888.972 162.27 S 87058140" E 75.00 2087 160051.611 1306963.925 237.27 S 02001120" W 48.00 2086 160003.641 1306962.231 285.27 Closure Error Distance> 0.0047 Error Bearing> S 47001'20" W Closure Precision> 1 in 61204.4 'dotal Distance> 285.27 LOT AREA: 4666 SQ FT OR 0.1 ACRES Page 12 of 30 LOT TRACT A OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 2083 159957.963 1306980.631 0.00 S 32001'17" W 20.00 2084 159941.005 1306970.026 20.00 N 27058138" W 20.00 2085 159958.669 1306960.643 40.00 N 02001'20" E 93.00 2087 160051.611 1306963.925 133.00 S 87058140" E 20.00 2081 160050.905 1306983.913 153.00 S 02001'20" W 93.00 2083 159957.963 1306980.631 246.00 Closure Error Distance> 0.0004 Error Bearing> N 81°23'28" W Closure Precision> 1 in 582040.6 Total Distance> 246.00 LOT AREA: 2033 SQ FT OR 0.0 ACRES Page 16 of 30 Lot Report Tue Nov 12 12:09:25 2C Lot File: R:\2012\0\12061\2\Carlson\mapchecks.lot CRD File: R:\2012\0\12061\2\Carlson\12061.crd LOT TRACT B OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10002 159905.493 1307174.348 0.00 N 89033'09" W 107.48 2247 159906.332 1307066.863 107.49 N 02001'20" E 141.56 2244 160047.800 1307071.858 249.04 S 87058140" E 107.34 10007 160044.012 1307179.132 356.39 S 01058140" W 138.60 10002 159905.493 1307174.348 494.99 Closure Error Distance> 0.0064 Error Bearing> S 15005109" E Closure Precision> 1 in 76936.4 Total Distance> 494.99 LOT AREA: 15044 SQ FT OR 0.3 ACRES Page 1 of 2 LOT 7EMP-ESMT-1 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10006 1.60083.588 1307135.160 0.00 N 87058'40" W 24.33 2038 160084.447 1307110.849 24.33 Radius: 40.00 Length: 53.12 Chord: 49.31 Delta: 76°05'42" Chord BRG: S 87058'40" E Rad -In: S 36001'31" E Rad -Out: S 40°04'11" W Radius Pt: 2099 160052.096,1307134.374 Tangent: 31.30 Dir: Right Tangent -In: N 53058'29" F Tangent -Out: S 49055149" E Non Tangential -In Non Tangential -Out 2093 160082.707 1307160.123 77.45 N 87058'40" W 24.98 10006 160083.588 1307135.160 1.02.43 Closure Error Distance> 0.0000 Total Distance> 102.43 LOT AREA: 286 SQ FT OR 0.0 ACRES Page 21 of 30 LOT TEMP-ESMT-2 OF BLOCK 1, TYPE: LOT PNT# Bearing Distance Northing Easting Station 10014 160044.190 1307174.095 0.00 N 87058140" W 79.95 10015 160047.011 1307094.195 79.95 Radius: 40.50 Length: 114.18 Chord: 79.95 Delta: 161.°31'44" Chord BRG: S 87058140" E Rad -In: N 82047'12" E Rad --Out: N 78°44'32" W Radius Pt: 2099 160052.096,1307134.374 Tangent: 249.07 Dir: Left Tangent -In: S 07012148" E Tangent -Out: N 11°1528" E Non Tangential -In 10014 160044.190 1307174.095 194.13 Closure Error Distance> 0.0000 Total Distance> 194.13 LOT AREA: 2052 SQ FT OR 0.0 ACRES BLOCK 1 TOTAL AREA: 294096 SQ FT OR 6.8 ACRES Page 22 of 30 r" Aug - u400 Sr"TES pJP.4 400 5TATgOf • ,M'� a 1889 i .S ecreta y Of state I, KIM WYMAN, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to KELSEY'S CROSSING HOMEOWNERS ASSOCIATION alan WA Non -Profit Corporation. Charter documents are effective on the date indicated below, Date: 1/6/2014 UBI Number: 603-364-509, a �$� .0 � FD MAR 10 2014 STATS Given under my hand and the Seal of the State of Washington at Olympia, the State Capital Kim Wyman, Secretary of State d 1889 Date Issued: 1/8/2014 CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Countersigned By: Authorized Officer or Agent rt F,- S9,Act Chicago Title Insurance Company By: President Attest: Secretary MAR 1U70i,l CITY OF kENTON PIANNING DM&ON Subdivision Guarantee/Certificate Printed: 11.27.13 @ 02:02PM Page 1 of 5 WA-GT-FNSE-02150,622476-SPS-1-13-0004923-06 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 0004923-06 ISSUING OFFICE: Title officer: Seattle Commercial 1 Unit 6 Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Main Phone: (206)628-5610 Email: CTISeaTit]eUnit6@ctt.com 1-1101i14big Iq: V-1 Liability Premium Tax $1,000.00 $350.00 $33.25 Effective Date: November 21, 2013 at 08:OOAM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in: Geonerco Properties WA, LLC, a Washington limited liability company subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Printed_ 11.27 13 @ 02:02PM Page 2 of 5 WA-CT-FNSE-02150.622476-S PS -1 -13-0004923-06 EXHIBIT "A" Legal Description For APNIParcel ID(s): 619900-0160-04 and 619900-0161-03 Parcel A: Tract 8, Northwestern Garden Tracts, Div. No. 5, according to the plat thereof recorded in Volume 47 of Plats, Page(s) 90, in King County, Washington; Except the East 65 feet of the West 141 feet of the South 155 feet thereof; and Except that portion thereof conveyed to the City of Kent by deed recorded under recording number 20130729000867. Parcel B: The East 65 feet of the West 141 feet of the South 155 feet of tract 8, Northwestern Garden Tracts, Div. No. 5, according to the plat thereof recorded in Volume 47 of plats, Page(s) 90, in King County, Washington; and Except that portion thereof conveyed to the City of Kent by deed recorded under recording number 20130729000867. Subdivision Guarantee/Certificate Printed: 11.27.13 @ 02:02PM Page 3 of 5 WA-CT-i:NSE-02150.622476-SPS-1-13-0004923-06 CHICAGO TITLE INSURANCE COMPANY 2. 4 SCHEDULE B SPECIAL EXCEPTIONS GUARANTEEICERTIFICATE NO. 0004923-06 Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes and statements, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Plat of Northwestern Garden Tracts, Div. No. 5, recorded in Volume 47 of Plats, Page 90: Recording No: 4061621 But omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or souce of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Puget Sound Energy, Inc., a Washington corporation Purpose: One or more utility systems for transmission, distribution and sale of gas and electricity Recording Date: October 3, 2013 Recording No.: 201 31 003001 544 Affects: Portions of said premises as described in document General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: Tax Account No.: Levy Code: Assessed Value -Land: Assessed Value -Improvements General and Special Taxes: Affects: Parcel A 2013 619900-0160-04 2128 $250,000.00 $0.00 Billed: $3,649.85 Paid: $3,649.85 Unpaid: $0.00 General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: Tax Account No.: Levy Code: Assessed Value -Land: Assessed Value -Improvements General and Special Taxes Affects: Parcel B 2013 619900-0161-03 2128 $90,000.00 $0.00 Billed: $1,328.77 Paid: $664.39 Unpaid: $664.38 Subdivision Guarantee/Certificate Printed: 11.27.13 @ 02:02PM Page 4 of 5 WA -CT -FNS -02150.622476 -SPS -1-13-0004923-06 CHICAGO TITLE INSURANCE COMPANY G UARANTEEICERTI F I CATE NO. 0004923-06 SCHEDULE B (continued) 5. A deed of trust to secure an indebtedness in the amount shown below, Amount: $797,500.00 Dated: August 12, 2013 Trustor/Grantor: Geonerco Properties WA, LLC, a Washington limited liability company Trustee: Northwest Financial Corporation Beneficiary: Banner Banat Loan No.: 14005177 Recording Date: August 22, 2013 Recording No.: 20130822040745 6. Terns and conditions of the limited liability company agreement for Geonerco Properties WA, LLC. 7. Your application for title insurance was placed by reference to only a street address or tax identification number. Based on our records, we believe that the legal description in this report covers the parcel(s) of Land that you requested. If the legal description is incorrect, the selleriborrower must notify the Company and/or the settlement company in order to prevent errors and to be certain that the correct parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. NOTE: A survey has been recorded: Recording Date: 44/17/2006 Recording No.: 20060417900005 Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: Ptns of Tract 8, Volume 47 of Plats, Page 90. Tax Account No.: 619900-0160-04 and 619900-0161-03 Note: Any map furnished with this Guarantee/Certificate is for convenience in locating the land indicated herein with reference to streets and other land. No liability is assumed by reason of reliance thereon. END OF SCHEDULE B Subdivision Guarantee/Certificate Printed: 11.27.13 @ 02:02PM Page 5 of 5 WA-CT-FNSE-02150.622476-SPS-1-13-0004923-06 0 CHICAGO TITLE COMPANY OF R-ASHTNGTON SUPPLEMENT NO. 1 John Baringer Title Officer: Seattle Commercial I Unit 6 Harbour Homes Property: APN/Parcel ID: 619900-0160-04 1441 North 34th Street, Suite 200 Borrower(s): TBD and TBD Seattle, WA 98103 Seller(s): Order No.: 0004923-06 The above numbered report with an Effective Date of November 21, 2013 including any supplements or amendments thereto, is hereby modified and/or supplemented in order to reflect the following: The following items/notes have been changed on your report: ITEMS: 3. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2014 Tax Account No.: 619900-0160-04 Levy Code: 2128 Assessed Value -Land: $250,000.00 Assessed Value -Improvements: $ 0.00 General and Special Taxes: Affects: Parcel A Billed: $ not yet available Paid: $ 0.00 Unpaid: $ not yet available 4. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2014 Tax Account No_: 619900-0161-03 Levy Code: 2128 Assessed Value -Land: $90,000.00 Assessed Value -Improvements: $ 0.00 General and Special Taxes: Affects: Parcel B Billed: $ not yet available Paid: $ 0.00 Unpaid: $ not yet available Note, the effective date of this certificate is hereby amended to January 16, 2014. For title inquiries, please contact the issuing office: F1'�- MAP 10 2014 CRY ''9' kE-NTON ;`! ANNING DfVISICN Supplemental Printed: 01.22.14 @ 08 44AM by MH SSC0RPD5190.doc 7 Updated, 11.14.13 Page 1 of 2 —4004923-06 Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Supplemental Date: January 22, 2014 Countersigned By: Authorized Officer or Agent SUPPLEMENTAL (continued) Phone: (206)628-5610 Fax: (206)628-9717 Email: CTISEATitleUnit6a@ctt.com Supplemental Punted: 01.22.14 @ 08:44AM by MH SSC0RPD519D,doc 1 Updated: 11.14.13 Page 2 of 2 —0004923-D6 *a CHICAGO TITLE COMPANY OF WASH[NGTON John Baringer Harbour Homes 1441 North 34th Street, Suite 200 Seattle, WA 98103 SUPPLEMENT NO. 2 Title Officer: Commercial ! Unit 6 Property: APN/Parcel ID: 619900-0160-04 Borrower(s): TBD and TBD Seller(s): Order No,: 0004923-06 The above numbered report with an Effective Date of November 21, 2013 including any supplements or amendments thereto, is hereby modified and/or supplemented in order to reflect the following: The following items/notes have been changed on your report: ITEMS: 3. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2014 Tax Account No.: 619900-0160-04 Levy Code: 2128 Assessed Value -Land: $250,000.00' j'� Assessed Value -Improvements: $ 0.00 �` F � , [�� General and Special Taxes: Billed: $ 3,650.73 MAY Paid: $ 0.00 Unpaid: $ 3,650.73 w;.F^ Y - {x_N10N Affects: Parcel A 4. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2014 Tax Account No.: 619900-0161-03 Levy Code: 2128 Assessed Value -Land: $90,000.00 Assessed Value -Improvements: $ 0.00 General and Special Taxes: Billed: $ 1,329.09 Paid: $ 0.00 Unpaid: $ 1,329.09 Affects: Parcel B Note, the effective date of this certificate is hereby amended to February 25, 2014. Supplemental Pnnted: 03.04.14 Q 02 23P by MH SSC0RP05190.doc 1 Updated: 11.14.13 Page 1 of 2 —0004923-06 SUPPLEMENTAL (continued) For title inquiries, please contact the issuing office: Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Supplemental Date: March 4, 2014 Countersigned By: Authorized Officer or Agent Phone: (206)628-5610 Fax: (206)628-9717 Email: CTISEATitleUnit6@ctt.com Supplemental Printed: 03,04.14 @ 02:23PM by MH SSCORPD5190.doc / Updated: 11.14.13 Page 2 cf 2 ---0044923.06 K f ARTICLES OF INCORPORATION OF KELSEY'S CROSSING HOMEOWNERS ASSOCIATION Harbour Homes, LLC, a Washington corporation; for the purpose of forming a nonprofit corporation under Chapter 24.03 of the Revised Code of Washington, adopts the following Articles of Incorporation: ARTICLE 1. NAME The name of the corporation is Kelsey's Crossing Homeowners Association. ARTICLE 2. DURATION The Association shall have perpetual duration. ARTICLE 3. PURPOSES AND POWERS oN 3.1 The Association does not contemplate pecuniary gain or profit, direct or indirect, to its members. In way of explanation and not of limitation, the purposes for which the Association is formed are: 3.1.1 To be and constitute the Association to which reference is made in the Declaration of Covenants, Conditions and Restrictions for Kelsey's Crossing (hereinafter the "Declaration"), recorded or to be recorded in the Records of King County, Washington, to perform all obligations and duties of the Association, and to exercise all rights and powers of the Association, as specified therein, in the Bylaws of the Association ("Bylaws") as adopted by the Board of Directors of the Association, and as provided by law; and 3.1.2 To provide an entity for the furtherance of the interests of the Owners in the development. 3.2 In furtherance of its purposes, the Association shall have the following powers, which, unless indicated otherwise by the Declaration or Bylaws, may be exercised by the Board of Directors. 3.2.1 All of the powers conferred upon nonprofit corporations by common law and the statutes of the State of Washington in effect from time to time; 3.2.2 All of the powers necessary or desirable to perform the obligations and duties and to exercise the rights and powers set out in these Articles, the Bylaws, or the Declaration, including, without limitation, the following: Articles of Incorporation Page i (i) To adopt and amend budgets for revenues, expenditures and reserves and impose and collect assessments or other charges to be levied on members; (ii) To manage, control, operate, maintain, repair, and improve property subjected to the Declaration or any other property for which the Association by rule, regulation, declaration, or contract has a right or duty to provide such services; (iii) To enforce covenants, conditions, or restrictions affecting any property to the extent the Association may be authorized to do so under the Declaration or Bylaws; (iv) To engage in activities which will actively foster, promote, and advance the common interests of all owners of property subject to the Declaration; (v) To buy or otherwise acquire, sell, or otherwise dispose of, mortgage, or otherwise encumber, exchange, lease, hold, use, operate, and otherwise deal in and with real, personal, and mixed property of all kinds and any right or interest therein for any purpose of the Association; (vi) To borrow money for any purpose; (vii) To enter into, make, perform, or enforce contracts of every kind and description, and to do all other acts necessary, appropriate, or advisable in carrying out any purpose of the Association, with or in association with any other association, corporation, or other entity or agency, public or private; and (viii) To adopt, alter, and amend or repeal such Bylaws as may be necessary or desirable for the proper management of the affairs of the Association; provided, however, such Bylaws may not be inconsistent with or contrary to any provisions of the Declaration. 3.3 The foregoing enumeration of powers shall not limit or restrict in any manner the exercise of other and further rights and powers which may now or hereafter be allowed or permitted by law; and the powers specified in each of the paragraphs of this Article 3 are independent powers, not to be restricted by reference to or inference from the terms of any other paragraph or provisions of this Article 3. ARTICLE 4. MEMBERSHIP The Association shall be a membership corporation without certificates of shares of stock. Each Owner of a Lot (as such capitalized terms are defined in the Declaration) subject to the Articles of Incorporation Page 2 Declaration is a member and shall be entitled to vote as set forth herein and in the Declaration and the Bylaws. Membership in the Association shall consist exclusively of Lot Owners. The business and affairs of the Association shall be conducted, managed, and controlled by a Board of Directors. The Board shall initially consist of one (1) director. The name and address of the initial member of the Board of Directors is as follows: Justin Harman 1441 N. 34th Street, Suite 200 Seattle, Washington 98103 The number of directors may be increased or decreased from time to time by amendment to or in the manner provided for in the Bylaws. The method of election, term of office, removal and filling of vacancies shall be as set forth in the Bylaws. The Board may delegate its powers to operate the Association to such companies, individuals, or committees as it, in its discretion, may determine. ARTICLE 6. LIABILITY OF DIRECTORS To the full extent that the Washington Nonprofit Corporation Act permits the elimination or limitation of liability of directors, a director of the Association shall not be liable to the Association or its members for monetary damages for conduct as a director; provided that the liability of a director shall not be eliminated or limited for acts or omissions that involve intentional misconduct or a knowing violation of law, for approval of distributions or loans contrary to law, or for any transaction from which the director has personally received or will personally receive a benefit in money, property, or services to which the director is not legally entitled. ARTICLE 7. DISSOLUTION The Association may be dissolved only upon a resolution duly adopted by the Board of Directors and the affirmative vote of members who are Owners of not less than two-thirds (213) of the Lots (other than the Declarant) and the consent of the Declarant so long as the Declarant owns any property subject to the Declaration. Upon dissolution of the Association, so long as the United States Veterans Administration ("VA") is guaranteeing and/or the United States acting through the Department of Housing and Urban Development ("HUD") is insuring any mortgage in the Development, and unless otherwise agreed in writing by HUD or VA, as applicable, any remaining real property assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes. No such restriction shall exist if VA is not guaranteeing and HUD is not insuring any mortgage in the Development; provided, however, HUD and/or VA shall be notified of such dissolution. Articles of Incorporation Page 3 ARTICLE 8. MERGER AND CONSOLIDATION The Association may merge or consolidate only upon a resolution duly adopted by the board of directors and the affirmative vote of members who are Owners of not less than two-thirds (213) of the Lots (other than the Declarant) and the consent of the Declarant so long as the Declarant owns any property subject to the Declaration. ARTICLE 9. AMENDMENTS These Articles may be amended only upon a resolution duly adopted by the Board of Directors and the affirmative vote of at least two-thirds (213) of the total eligible votes of the members. ARTICLE 10. INCORPORATOR The name and address of the sole incorporator is Harbour Homes, LLC, 1441 N. 34`h Street, Suite 200, Seattle, Washington 98103. ARTICLE 11. REGISTERED AGENT AND OFFICE The initial registered agent and office of the Association is Paul Brain located at 1119 Pacific Avenue, Suite 1200, Seattle, Washington 98402-4323. The undersigned duly -authorized officer of the incorporator has signed these Articles of Incorporation at Seattle, Washington, on this 6`h day of January, 2014. Harbour Homes, LLC a Washington limited liability company Justin Harman Vice President Articles of Incorporation Page 4 CONSENT TO SERVE AS REGISTERED AGENT Paul Brain hereby consents to serve as Registered Agent, in the State of Washington, for Kelsey's Crossing Homeowners Association. It is understood that as agent for the Association, Paul Brain, will have the responsibility- to receive service of process in the name of the Association; to forward all mail to the Association; and to immediately notify the office of the Secretary of State in the event of its resignation, or of any changes in the registered office address of the Association for which it is agent. By Date Paul Brain 1119 Pacific Avenue Suite 1200 Tacoma, WA 98402-4323 Articles of Incorporation Page 5 4 t r MAILBOX REQUIREMENTS NOTICE FOR ALL NEW PLATS AND SHORT PLATS C:ty of Rentor. Development Ser -rices Division 055 Beath Grady Way -Renton, VVA 980755 Phone. 425-43G-7200 Fax. 425-430-7231 the Post Office wwanis to be invalued ire helping you locate Yong mailboxes before Gi�(IStiuGti�31 begins, please call 1-800-275-8-1777 for the location of the Past Office that will service yo�.Jr pllt. l hon, take a copy of your piat mrtP along with this form to the sPecifiec Post Office for heir sign -Off, pease summit llje signed form along with yow oppk lta tin. Prcperiy Location.. - Owners Name Land U,€ Application Nv-rmber: PC3,qi Office Approval:_.... *Phone NU[TiJ('I ( � � CITY PLAN NG t)�'; UON 7 QW! IT oilRR Ell lot 1 it- A A fA lot- to Play- A IT 1 11 Away SAT W; WMA SAW VISrt A TAP -'k glop it 1 - -XZ SAM it i i RECEIPT EG00020535 BILLING CONTACT HARBOUR HOMES LLC 1441 N 34TH ST E SEATTLE, WA 98105 City. of;' .�.r -.0 -,:.- J Transaction Date: March 10, 2014 REFERENCE NUMBER FEE NAME TRANSACTION PAYMENT AMOUNT PAID TYPE METHOD LUA14-000300 I PLAN - Final Plat Fee Technology Fee Fee Payment heck 4#934 $1,500.00 Fee Payment heck #934 $45.00 SUB TOTAL $1,545.00 TOTAL $1,545.00 Printed On: 3110/2014 Prepared By: Jan Illian Page 1 of 1