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A PORTION OF SECTION 33, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M ..
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ADDRESS TABLE
www.esmcivil.com
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A PORTION OF SECTION 33, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.,
CllY OF RENTON, KING COUNTY, WASHINGTON
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11
BROOKGROVE
A PORTION OF SECTION JJ, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
,,
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LEGEND
s -~31~~ :~=\;,~~r:~~t·~ ~\~>(
-., • f"'-'1'-' ,-!ll!>S~ CJ,f Iii .&" ~ !' CQt,<.MH
... _,1,UU[N1, c,,::ra~ O• rut. ·~ UOl-'J',t[.lfJ
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8: ::::::::: ~:::: -~,'.;::i'. :;": :.::":"
~ CONSULTING ENGINEERS UC ~=-~::.-~ ... ~-I e I@) I'll' I
W'l>W esrnci·,.: com
''~b' E ,,,~•• -~F,4 f'l.:~•1 ">
...:,.d,«>:>•-"r<:t•I«--"'
CITY OF RENTON
DEPARTMENT OF COMMUNITY & ECONOMIC
DEVELOPMENT
MEMORANDUM
Date: September 8, 2016
To: City Clerk's Office
From: Jenny Cisneros
Subject: Land Use File Closeout
Please complete the following information to facilitate project closeout and indexing by the City
Clerk's Office
Project Name: BROOKGROVE FINAL PLAT
LUA (file) Number: LUA-15-000802, FP
Cross-References:
AKA's:
Project Manager: Jan Illian
Acceptance Date: December 1, 2015
Applicant: Stephanie Karlsson
Owner: Henley USA
Contact: Evan Mann, ESM Consulting Engineers, LLC
PID Number:
ERC Determination: Date:
Anneal Period Ends:
Administrative Decision: Date:
Anneal Period Ends:
Public Hearing Date:
Date Appealed to HEX:
By Whom:
HEX Decision: Approved with Conditions Date: February 22, 2016
Anneal Period Ends: March 7 2016
Date Appealed to Council:
By Whom:
Council Decision: Date:
Mylar Recording Number:
Project Description:
Location: 19003 -120th Ave SE
Comments:
ERC Determination Types: DNS -Determination of Non-Significance; DNS-M -Determination of
Non-Significance-Mitigated; DS -Determination of Significance
Sandi Weir
From:
Sent:
To:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Same with this one.
Jason Seth, CMC
City Clerk
iseth (O)rento m,va.5ov
425-430-6502
From: Jan A. Conklin
Jason Seth
Monday, April 25, 2016 8:29 AM
Sandi Weir
FW: Brookgrove Plat LUAlS-000802
Brookgrove Plat Pids.xls; Brookgrove-Rylees place.pdf
Follow up
Flagged
Sent: Friday, April 22, 2016 8:24 AM
To: Abdoul Gafour <Agafour@Rentonwa.gov>; Amanda Askren <AAskren@rentonwa.gov>; Anjela St. John
<AStJohn@Rentonwa.gov>; Bonnie Woodrow <BWoodrow@Rentonwa.gov>; Brian Powell <BrianP@valleycom.org>;
Caera Youn <caera.youn@kingcounty.gov>; Caldwell, Cory <Corycaldwell@wm.com>; Cannon, Debra
<Debra.Cannon@kingcounty.gov>; Century Link <Omaha.amc@centurylink.com>; Chris Barnes
<CBarnes@Rentonwa.gov>; Clarice Martin <Cmartin@Rentonwa.gov>; Corey W Thomas <CThomas@Rentonwa.gov>;
Cyndie L Parks <CParks@Rentonwa.gov>; Dave Wilson (dave.wilson@kingcounty.gov) <dave.wilson@kingcounty.gov>;
Deborah Needham <DNeedham@Rentonwa.gov>; Donna Visneski <dvisneski@Rentonwa.gov>; Doreen Karoly Post
Office AMS <doreen.r.karoly@usps.gov>; Elsa Biscaino <elsa.biscaino@rentonschools.us>; Ericka Jones
<ericka.jones@kingcounty.gov>; Eunice Verstegen <Eunice.verstegen@kingcounty.gov>; Fessenden, Janise
<Janise.Fessenden@kingcounty.gov>; Gary Fink <GFink@Rentonwa.gov>; Gilchrist, Gael
<Gael.Gilchrist@kingcounty.gov>; Gordon, Susan <Susan.Gordon@kingcounty.gov>; Holly Powers
<HPowers@Rentonwa.gov>; J. D. Wilson <jwilson@Rentonwa.gov>; Jason Seth <JSeth@Rentonwa.gov>; Jeff Hansen
<Jeffery.P.Hansen@usps.gov>; Jeff Wagner <jwagner4@republicservices.com>; Jeremy Crawford
(serviceaddresscorrec@pse.com) <serviceaddresscorrec@pse.com>; John Kwant <John.Kwant@kingcounty.gov>; John P
Lecoq <JLecoq@Rentonwa.gov>; Julie E Bray <JBray@Rentonwa.gov>; Karen E Bergsvik <Kbergsvik@Rentonwa.gov>;
Kathryn Svedin <KSvedin@Rentonwa.gov>; Katie McClincy <Kmcclincy@Rentonwa.gov>; Kevin Anderson
<KAnderson@Rentonwa.gov>; Kristine Stimpson <Kstimpson@Rentonwa.gov>; Loacker, John
<jloacker@krollmap.com>; Mark Peterson <Mapeterson@Rentonwa.gov>; Marsha Doviak
<marsha.doviak@kingcounty.gov>; Michelle Faltaous <MFaltaous@Rentonwa.gov>; Miranda Hett
<miranda.hett@kingcounty.gov>; Morgan, Gail <morgang@issaquah.wednet.edu>; Nancy Thompson
<Nthompson@Rentonwa.gov>; Nimpa -King County <Nimpa.gueco@kingcounty.gov>; Nizar Salih
<NSalih@Rentonwa.gov>; Paul J Harm <PHarm@Rentonwa.gov>; Pierce, Ramon <Ramon.Pierce@kingcounty.gov>;
Renton Reporter <circulation@reporternewspapers.com>; Rhonda Heyden <RHeyden@Rentonwa.gov>; Rick M
Marshall <RMarshall@Rentonwa.gov>; Russ Evans <REvans@Rentonwa.gov>; Scott Chapman
<sea.amc@centurylink.com>; Scott Corwin] <scottco@Valleycom.org>; Shawn M Daly <Sdaly@Rentonwa.gov>; Shirley
Anderson <Sanderson@Rentonwa.gov>; Soon Kim <Stanley.B.Kim@usps.gov>; Stacy Tucker <STucker@Rentonwa.gov>;
Susan Liska <Sliska@Rentonwa.gov>; Susan Truong <susan.truong@kingcounty.gov>; Terri Weishaupt
<TWeishaupt@Rentonwa.gov>; Thoma, Carol <cthoma@wm.com>; Tim Moore <TMoore@Rentonwa.gov>; Tina Fisher
<Tina.C.Fisher@usps.gov>; Tom Reynolds <REYT235@LNI.WA.GOV>; Vanessa Poorman <Vpoorman@Rentonwa.gov>;
Vicki, Whitt-Williams, <Vicki_Whitt-Williams@cable.comcast.com>; William Wressell <Bwressell@Rentonwa.gov>;
Zinski, Milla <Milla.Zinski@kingcount ; (Lori.Robinson@kingcounty.gov) <Lo inson@kingcounty.gov>; Adriann
Alexander <AAlexander@Rentonwa.gov>; Jennifer Cisneros <JCisneros@Rentonwa.gov>; Kelcie J. Peterson
<KJPeterson@Rentonwa.gov>; Lillian Watson <LWatson@Rentonwa.gov>; Sabrina Mirante <SMirante@Rentonwa.gov>
Cc: Jill Ding <JDing@Rentonwa.gov>; Ann Fowler <AFowler@Rentonwa.gov>
Subject: Brookgrove Plat LUAlS-000802
Recording #20160415000531
Major #113795
See attachments for Parcel numbers and plat map.
Jan Conklin
Energy Plans Reviewer
City of Renton
Development Services Division
425-430-7276
Brookgrove Plat LUA15-000802
Recording #20160415000531
Major #113795
Parcel Numbers to be retired: 6198400280, 6198400260, 6198400247, 6198400241
Houses demolished: 18842 118th Ave SE, 18851120th Ave SE
PID PSTLADDRESS PSTLCITY PSTLSTATE PSTLZIP5 PSTLZIP4 PLATLOT
1137950010 11844 SE 189th Pl Renton WA 98058 7246 1
1137950020 11838 SE 189th Pl Renton WA 98058 7246 2
1137950030 11830 SE 189th Pl Renton WA 98058 7246 3
1137950040 11826 SE 189th Pl Renton WA 98058 7246 4
1137950050 11822 SE 189th Pl Renton WA 98058 7203 5
1137950060 11818 SE 189th Pl Renton WA 98058 7203 6
1137950070 11814 SE 189th Pl Renton WA 98058 7203 7
1137950080 11808 SE 189th Pl Renton WA 98058 7203 8
1137950090 11802 SE 189th Pl Renton WA 98058 7203 9
1137950100 11801 SE 189th Pl Renton WA 98058 7203 10
1137950110 11807 SE 189th Pl Renton WA 98058 7203 11
1137950120 11815 SE 189th Pl Renton WA 98058 7203 12
1137950130 11827 SE 189th Pl Renton WA 98058 7203 13
1137950140 11833 SE 189th Pl Renton WA 98058 7203 14
1137950150 11839 SE 189th Pl Renton WA 98058 7203 15
1137950160 11845 SE 189th Pl Renton WA 98058 7203 16
1137950170 19003 120th Ave SE Renton WA 98058 7242 17
2
3
4
5
6
7
8
9
10
11
12
13
14
15
BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Brookgrove Final Plat
FINAL PLAT APPROVAL
LUA15-000802
Summary
The applicant has applied for approval ofBrookgrove Final Plat. The final plat is approved subject to
16 conditions.
17
18
Testimony
19 No hearing is held on final plat applications.
20 Exhibits
21
22
23
24
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The following documents were considered in evaluating the application for final plat:
1.
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3.
4.
5.
February 12, 2016 staff report.
Vicinity Map.
Final Plat map
Preliminary Plat HEX Decision (LUA13-0I455).
Final Plat Application
FINAL PLAT -1
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Findings of Fact
Procedural:
I. Applicant. Henley USA 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 17 lot subdivision.
The subdivision received preliminary plat approval on January 22nd, 2014 by the City of Renton. The
subdivision is located at 19003 -120th Ave SE.
4. Consistency with Preliminary Plat Conditions. The applicant has complied with all preliminary
plat conditions of approval, as detailed in the staff report, Ex. 1, the findings and conclusions of which
are adopted and incorporated by this reference as if set forth in full.
Conclusions of Law
Procedural:
1. Authority of Hearing Examiner. RMC 4-7-1 lO(C) provides that the hearing examiner shall
approve all final plats.
Substantive:
2. Applicable Standards. The RMC doesn't contain any standards for final plat approval, other
than to require that "the final plat shall conform with only minor modification to the preliminary plat."
RMC 4-7-110(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 condition:
I. All plat improvements shall be either constructed or deferred with adequate security to the
satisfaction of City staff prior to the recording of the final plat.
Dated this 22nd day ofFebruary, 2016.
FINAL PLAT -2
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City of Renton Hearing Examiner
Appeal Right and Valuation Notices
RMC 4-8-IIO(E)(9) and/or RMC 4-8-1 IO(F)(l) provides that the final plat approval of the hearing
examiner is final subject to appeal to the Renton City Council. RMC 4-8-110(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-l lO(E)(8) and RMC 4-8-IOO(G)(4). A
new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration.
Additional information regarding the appeal process may be obtained from the City Clerk's Office,
Renton City Hall -7ili floor, (425) 430-6510.
Affected property owners may request a change in valuation for property tax purposes notwithstanding
any program ofrevaluation.
FINAL PLAT -3
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT ----------Kenton®
REPORT TO THE HEARING EXAMINER
DATE:
Project Name
Owner:
Applicant:
Contact:
File Number:
Project Manager:
Project Summary:
Project Location:
Site Area:
I A. EXH/S/TS:
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
February 12, 2016
Brookgrove Final Plat (aka Rylee's Place)
Henley USA LLC, 11100 Main Street Suite 100, Bellevue, WA 98109
Same as above
ESM Consulting Engineers: Evan Mann, 33400-8th Ave, Suite 205, Federal Way, WA
98003
LUA15-000802, FP (LUAB-01455 PP,ECF)
Jan Illian
Final Plat for 17 single family residential lots. Water and sewer is provided by Soos Creek
Water and Sewer District
19003 -120thAve SE, 18842 -118'h Ave SE, 18851-120th Ave SE
33-23-05
215,462 SF (4.9 acres)
Staff Report dated February 12, 2016
Preliminary Plat HEX Decision (LUAB-01455)
Final Plat Map
Vicinity Map
Conditions of Compliance Letter
Ii 8. FINDINGS OF FACT (FOF):
1. The applicant, Henley USA LLC, filed a request for approval of a 17-lot final plat.
2. The Environmental Review Committee (ER(), the City's responsible official, issued a Determination of
Non-Significance -Mitigated on December 9th, 2013 for the subject proposal.
3. Representatives from various city departments are reviewing the application materials to identify
compliance with all conditions of project approval.
4. The subject site is located at 19003 -120th Ave SE. The plat is located in Section 33, Twp.23 Rng.05.
5. The subject site is 215,462 square feet. (4.9 acres).
HEX Report Brookgrove WAlS-000802, FP
City of Renton Department of Commu, .. y & Economic Development
Brookgrove Final Plat
·-aring Examiner Recommendation
LUA15-000802, FP
February 12, 2016 Page 2 of 4
6. The preliminary plat LUAB-01455 received approval from the City of Renton on January 22, 2014. No
appeals were filed.
7. The property is located within the R4 Zone and RLD Comp Plan designation.
8. The Final Plat complies with both the Zoning Code and the Comprehensive Plan.
9. The applicant has complied with the following conditions imposed by the ERC on December 9'' ,2013:
The recommendations in the geotechnical report, "Geotechnical Engineering Study, Eagleston,
18851120th Avenue Southeast, Renton Washington," by Earth Solutions NW (ESNW), dated
September 10, 2013, shall be followed prior to, during, and following construction.
Staff Comment: All construction plans have been prepared to the specifications of the Geotechnical
Report prepared by Earth Solutions NW {ESNW), dated September 10, 2013. All site development
and earthwork have been performed to the specifications of the Geotechnical Report.
10. The applicant has complied with the following conditions as a result of the preliminary plat approval
Hearing Examiner's Decision dated January 22, 2015.
i. All proposed street names shall be approved by the City.
Staff Comment: The street name of "SE 189th Place" for the proposed street was submitted to the
City of Renton and approved during construction plans review
ii. All lot corners at intersections of dedicated public rights-of-way, except alleys, shall have a
minimum radius offifteen feet (15').
Staff Comment: All lot corners at intersections of dedicated public right-of-way, except alleys, have
a minimum radius of fifteen feet (15'}. Please refer to Sheet 5 of 5 of the final plat plan.
iii. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are available,
or provided with the subdivision development.
Staff Comment: Side sewers have been installed at a minimum of 8' into each lot as required. The
sewer plans were reviewed and approved by the Soos Creek Water and Sewer District prior to
construction commencing on the site.
iv. All utilities designed to serve the subdivision shall be placed underground. Any utilities installed in
the parking strip shall be placed in such a manner and depth to permit the planting of trees. Those
utilities to be located beneath paved surfaces shall be installed, including all service connections, as
approved by the Department of Public Works. Such installation shall be completed and approved
prior to the application of any surface material. Easements may be required for the maintenance
and operation of utilities as specified by the Department of Public Works.
Staff Comment: All utilities serving the plat have been installed underground at a depth that is
sufficient for planting of trees. These installations were completed prior to paving. Easements have
been provided to the City and other providers as required.
Hex Report LUAlS-000802, FP
City of Renton Department of Commu .. ,ty & Economic Development
Brookgrove Final Plat
February 12, 2016
, earing Examiner Recommendation
LUAlS-000802, FP
Page 3 of4
v. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are to be
installed to serve each lot. Conduit for service connections shall be laid to each lot line by Applicant
as to obviate the necessity for disturbing the street area, including sidewalks, or alley
improvements when such service connections are extended to serve any building. The cost of
trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to
bring service to the development shall be borne by the developer and/or land owner. The applicant
shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to
final ground elevation and capped. The cable TV company shall provide maps and specifications to
the applicant and shall inspect the conduit and certify to the City that it is properly installed.
Staff Comment: Cable TV Conduits have been installed as required per this condition. All inspections
have been completed and certified.
vi. The applicant shall install all necessary street name signs prior to final plat approval.
Staff Comment: All necessary street name signs have been installed in the subdivision.
vii. The applicant shall install all survey monuments required by RMC 4-7-210(A) prior to final plat
approval.
Staff Comment: All survey monuments have been installed.
viii. The applicant shall obtain a demolition permit and all required inspections for the removal of the
existing single family residence on proposed Tract 'A' prior to Final Plat recording.
Staff Comment: The single family home on proposed Tract "A" has been removed. Additionally the
single family home located on lots 4 and 5 has been removed. Both single family residences were
demolished in the spring of 2014 after obtaining the necessary demolition permits.
ix. The existing structures to remain on Lot 5 shall not exceed the maximum allowed building
coverage, or buildings may be subject to removal prior to recording the plat. The applicant shall
demonstrate compliance with lot coverage requirements for Lot 5 prior to final plat approval.
Staff Comment: The existing structure that was located on Lot 5 was removed as part of the site
development process. All lots conform to the lot coverage requirements of the zone.
x. The applicant shall be required to submit a revised landscape plan, depicting a 10-foot wide on-site
landscape strip for all lots. The final detailed landscape shall be submitted to and approved by the
Current Planning Project Manager prior to Final Plat recording.
Staff Comment: A revised landscape plan depicting the 10-foot wide on-site landscape strip far all
lots was prepared and submitted during the site development phase of the project. The landscape
pion was approved by the Current Planning Project Manager and a/I landscape has been installed
per the approved plan. The final landscape plans are included with this submittal.
xii. The preliminary plat map shall be revised to provide for correct front yard setbacks for Lots 4 and 6
as detailed at p. 7 of the staff report.
Hex Report LUAlS-000802, FP
City of Renton Deportment of Commu .. ,ty & Economic Development
Brookgrove Final Plat
February 12, 2016
,earing Examiner Recommendation
LUAlS-000802, FP
Page 4 of 4
Staff Comment: Lots 4 and 6 have been recanfigured and have the proper front yard setbacks as
required by code. All lots within the plat conform to the current setback requirements of the zone.
1,. CONCLUSIONS:
1. The subject site is located in the Residential Low Density (RLD) Comprehensive Plan designation and
complies with the goals and policies established with this designation, see (FOF) 7.
2. The subject site is located in the Residential 4 du/ac (R-4) zoning designation and complies with the
zoning and development standards established with this designation see (FOF) 7.
3. The Final Plat satisfies the conditions imposed by the preliminary plat process, see (FOF) 6.
I J. RECOMMENDATION:
Staff recommends approval of the Brookgrove Final Plat, File No. LUAlS-000802, FP as depicted in Exhibit 3,
subject to 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.
SUBMITTED THIS 12•• DAY OF FEBRUARY, 2016
Hex Report LUA15-000802, FP
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BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON
RE: Rylee's Place
Preliminary Plat
LUA13-001455, ECF, PP
FINAL DECISION
SUMMARY
16 The applicant requests preliminary plat approval for a I 7 lot residential subdivision. The preliminary
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plat is approved with conditions.
TESTIMONY
Staff Testimony
Elizabeth Higgins, senior planner, stated that the staff report does not address walking conditions to
schools. The property will be accessed from the east by a new road that will end in a cul-de-sac.
Additionally, there is an access road from SE 188 1h Street that will not be improved. Benson Hill
Elementary School is to the northwest of the property. The only sidewalks in the vicinity of the
project are from the School to 1881h Street. There are no sidewalks along 116111 and parts of 188'h
streets. Ms. Higgins does not know if students would walk to Benson Hill Elementary because of the
distance. She summarized the recommendations for approval in the staff report. In regard to
recommendation number three, the applicant clarified that lot four has access from the cul-de-sac so
the 30ft front setback requirement is met. In regard to recommendation number four, the existing
PRELIMINARY PLAT -1
EXHIBIT 2
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structures, a house and at least one out-building, on lot five do not exceed the lot maximum coverage,
according to the applicant.
Applicant Testimony
Evan Mann, ESM Engineering, stated the applicants concur with the staffs findings. In regard to lot
five, future developers may decide to remove the homes on the lot which would require modification
of lots three, four and five. In regard to safe-walking conditions to schools, there is a development
being constructed to the south of Riley's Place which requires frontage improvements on 1201h Ave
SE. The Rylee's Place project will provide frontage improvements to the east of the site. There is
sidewalk on SE 191'1 Street as part of the Jesse's Glenn Development. Additionally, there is a
private, pedestrian-access tract to the southeast of Riley's Place which is also part of the Jesse's Glen
8 project. In front of the elementary school, there is a crosswalk that connects to SE 191 st Street. He is
9 not sure if the students will be granted access to the private tract or if students will choose to walk to
the school.
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Randolph Eagleson, owner of property, testified that he has lived on the site for the past thirteen
years. He has seen students walk from 1201h to 1881h Street. The shoulder width varies, but it is
generally 4-5ft.
EXHIBITS
Exhibits 2-14 listed on page 2 of the January 7, 2014 Staff Report, in addition to the Staff Report
itself(Ex. !), were admitted into evidence during the public hearing. Additional exhibits admitted
during the hearing are the following:
Exhibit 15
Exhibit 16
Exhibit 17
Exhibit 18
Procedural:
revised preliminary plat plan
memorandum from project applicant with 2 notes providing clarification
aerial photo showing boundaries of the property
aerial photo showing property in relation to nearby school
FINDINGS OF FACT
23 I. Applicant. Randolph Eagleson.
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2. Hearing. The Examiner held a hearing on the subject application on January 7, 2014 in the
City of Renton Council City Chambers.
PRELIMINARY PLAT-2
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3. Project Description. The applicant requests preliminary plat approval for a 17 lot residential
subdivision. The site is located in southeast Renton (Exhibit 2), in the Benson Hill Planning Area
(Exhibit 3). The site consists of 4 tax parcels totaling 4.95 acres in area and is currently developed
with 3 residential structures and associated outbuildings that were constructed in 1949, 1959, and
2006 (Exhibit 5). The preliminary plat also includes a storm drainage control tract labeled as Tract
'A'.
4. Adequacy of Infrastructure/Public Services. The project will be served by adequate
infrastructure and public services as follows:
A. Water and Sewer Service. Water and sewer will be provided by the Soos Creek Water
and Sewer District (SCWSD). Certificates of Water and Sewer Availability were
provided with the land use application (Exhibit 11 ).
Water and sewer main extensions within the interior roads will be required during civil
plan review (the engineering review between preliminary and final plat approval).
B. Police and Fire Protection. Police and fire service would be provided by the Renton
Police Department and Renton Fire Departments, respectively. The Police Department
has commented that police impacts would be minimal. Fire system needs are addressed
by the City's fire impact fees. The access and road system proposed for the preliminary
plat has been reviewed and approved by the Renton Fire Department. The number and
location of fire hydrants will be subject to approval of the Fire Department during civil
review.
C. Drainage. The proposal provides for adequate stormwater drainage facilities. During
civil plan review the applicant will be required to demonstrate compliance with the 2009
King County Surface Water Manual and the 2009 City of Renton Amendments to the
KCSWM, Chapter 1 and 2. Compliance with these regulations will assure that the
proposal will not create any increase in off-site stormwater flows. Rylee' s Place
Technical Information Report (TIR) dated 10/2/2013, was submitted by ESM Consulting
Engineers (Exhibit 14). As established in the TIR., adequate space has been reserved in
the preliminary plat for all needed stromwater facilities via the dedication of Tract A for
that purpose. The TIR. proposes a design for a combined detention and water quality
pond to be located in Tract A. The TIR. is a preliminary document and a final report will
be submitted during civil plan review.
D. Parks/Open Space. City ordinances require the payment of park impact fees prior to
building permit issuance. RMC 4-2-115, which governs open space requirements for
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residential development, does not have any specific requirements for open space for
residential development in the R-4 district. The impact fees provide for adequate parks
and open space.
E. Streets. The proposal provides for adequate streets. The site fronts the west side of 120th
Ave SE, a residential neighborhood collector street with an existing right-of-way width of
60 feet. The Public Works Department has reviewed and approved the proposed street
alignment.
lntemal access is accomplished with a single cul-de-sac that connects to 120 Ave SE.
The proposed cul-de-sac is in lieu of an east-west street through the plat to the west. The
opportunity to connect a street from the proposed plat to SE 189th Pl, which would have
connected 120'h and 116th, was lost with the development of Jessie's Glen, abutting the
west property boundary of the proposed plat, which has a cul-de-sac instead of a street
that anticipated development to the east. The cul-de-sac will be developed with a 47-foot
wide right-of-way with 20-foot pavement width, 0.5 foot vertical curb, gutter, 8-foot wide
landscape strip, and 5-foot wide sidewalk on both sides.
Street improvements along the west side of 120'h will include the installation of a 0.5
wide vertical curb, gutter, 8-foot wide landscape strip, and an 8-foot wide sidewalk. As a
residential collector street, 120'h Ave SE requires a minimum paved width of 26 feet (20-
foot wide travel land and 6-foot wide parking area).
F. Parking. Sufficient area exists, on each lot, to accommodate required off street parking
for a minimum of two vehicles as required by City development standards.
G. Schools. The project area is adequately served by the Renton School District and there are
safe and adequate pedestrian facilities for students that will have to walk to and from
school 1. According to the staff report, it is anticipated that the Renton School District can
accommodate additional students generated by this proposal at the following schools:
Benson Hill Elementary, Nelson Middle School, and Lindbergh High School. A school
impact fee, assessed per single-family residence, is required by City code to mitigate the
proposal's potential impacts to Renton School District. According to testimony during
the hearing, Benson Hill Elementary is within walking distance of the subdivision. The
1 RCW 58.17.110(2) provides that no subdivision may be approved without making a written finding adequate
26 provision is made to ensure that there are safe walking conditions for snidents that walk to and from school.
PRELIMINARY PLAT-4
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applicant's agent testified that in conjunction with frontage improvements that will be
required of another development to the south, children will have a combination of
continuous sidewalks and a private pedestrian access strip to provide safe walking
conditions to the school. Even in the absence of such features, the applicant testified that
the road shoulders are three to four feet wide and the speed limit in the area is 25 mph.
The preponderance of evidence suggests safe walking conditions to and from school.
5. Adverse Impacts. There are no adverse impacts associated with the proposal discernible from
the record. As discussed in Finding of Fact No. 4, the proposal provides for adequate infrastructure ·
and is served by adequate public services.
There are no critical areas on site. The City's tree retention regulations do require the preservation of
some trees categorized as "significant". There are approximately 142 trees that qualify as
"significant" ( over 6 inches in diameter) under city regulations on the site (Exhibit 9). Nineteen can
be excluded from retention requirements (16 to be removed from proposed roads and 3 from private
street easements and tracts). The tree retention formula, as per RMC 4-4-130H, for the R-4 zone,
requires that 37 trees must be retained. The project proposal indicates that 48 trees would be
retained. Therefore, no replacement trees are required, although landscaping requirements would
require new trees to be planted as per RMC 4-4-070. A detailed landscape plan must be submitted
prior to issuance of the street and utility construction permits.
Aesthetic impacts are primarily addressed by the City's landscaping standards. The applicant's
proposed landscaping measures fall short of City standards as identified at page 7 of the staff report
and the conditions of approval require modifications to be made to the applicant's landscaping plan
in order to achieve compliance.
Conclusions of Law
I. Authority. RMC 4-7-020(C) and 4-7-050(D)(5) provide that the Hearing Examiner shall hold
a hearing and issue a final decision on preliminary plat applications.
2. Zoning/Comprehensive Plan Designations. The subject property is zoned Residential 4
dwelling units per net acre (R-4). The comprehensive plan map land use designation is Residential
Low Density (RLD).
3. Review Criteria. Chapter 4-7 RMC governs the criteria for subdivision review. Applicable
standards are quoted below in italics and applied through corresponding conclusions oflaw.
RMC 4-7-0SO(B): A subdivision shall be consistent with the following principles of acceptability:
PRELIMINARY PLAT -5
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I. Legal Lots: Create legal building sites which comply with all provisions of the City Zoning Code.
2. Access: Establish access to a public road for each segregated parcel.
3. Physical Characteristics: Have suitable physical characteristics. A proposed plat may be denied
because of flood, inundation, or wetland conditions. Construction of protective improvements may
be required as a condition of approval, and such improvements shall be noted on the final plat.
4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water
supplies and sanitary wastes.
4. As noted in Finding of Fact 5, this criterion is not satisfied with respect to landscaping
requirements. The conditions of approval will require revision of the landscaping plan to conform to
applicable landscaping standards. Beyond this the proposed lots comply with all other requirements
of the R-4 zoning district as detailed by Staff at pages 6-7 of the Staff Report, which is adopted and
incorporated by this reference as if set forth in full, excluding the comments related to the 30 foot
yard setback for Lots 3 and 7. As noted in the applicant's clarification, Ex. 16, Lots 3 and 7 will
access Road A as opposed to the proposed access easement and so will comply with front yard
requirements. The conditions of approval will require correction of the front lot setbacks for Lots 4
and 6 as outlined at p. 6 of the staff report. As shown on the preliminary plat map, Ex. 7, each lot
will access a public road, either via Road A or the eastern alley. There are no critical areas on site.
14 The developable site has physical characteristics suitable for development since there are no critical
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areas and the topographical lines in Ex. 7 do not reveal a steep change in grade across the project
area. As determined in the Finding of Fact No. 4, and as conditioned, the proposal makes adequate
provision for drainage, streets water and sewer.
RMC 4-7-080(1)(1): ... The Hearing Examiner shall assure conformance with the general purposes
18 of the Comprehensive Plan and adopted standards ...
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5. The proposed preliminary play is consistent with the Renton Comprehensive Plan as outlined
in page 6 of the staff report, which is incorporated by this reference as if set forth in full.
RMC 4-7-120(A): No plan for the replatting, subdivision, or dedication of any areas shall be
approved by the Hearing Examiner unless the streets shown therein are connected by surfaced road
or street (according to City specifications) to an existing street or highway.
6. Road A will connect to 120 Ave SE.
RMC 4-7-120(8): The location of all streets shall conform to any adopted plans for streets in the
City.
PRELIMINARY PLAT-6
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7. The City's adopted street plans are not addressed in the staff report or anywhere else in the
administrative record. However, as noted in Finding of Fact No. 5, there is no through street
possible for the preliminary plat due to surrounding development so it does not appear that anything
could be done to comply with any adopted street plan.
RMC 4-7-120(C): If a subdivision is located in the area of an officially designed [sic} trail,
5 provisions shall be made for reservation of the right-of-way or for easements to the City for trail
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pwp~ses.
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8. Staff have not identified any pedestrian or bike trail linkages in the vicinity.
RMC 4-7-130(C): A plat, short plat, subdivision or dedication shall be prepared in conformance
with the following provisions:
1. Land Unsuitable for Subdivision: Land which is found to be unsuitable for subdivision includes
land with features likely to be harmful to the safety and general health of the future residents (such
as lands adversely affected by flooding, steep slopes, or rock formations). Land which the
Department or the Hearing Examiner considers inappropriate for subdivision shall not be
subdivided unless adequate safeguards are provided against these adverse conditions.
a. Flooding/Inundation: If any portion of the land within the boundary of a preliminary plat is
subject to flooding or inundation, that portion of the subdivision must have the approval of the State
according to chapter 86.16 RCW before the Department and the Hearing Examiner shall consider
such subdivision.
b. Steep Slopes: A plat, short plat, subdivision or dedication which would result in the creation of a
lot or lots that primarily have slopes forty percent (40%) or greater as measured per RMC 4-3-
050Jl a, without adequate area at lesser slopes upon which development may occur, shall not be
approved.
3. Land Clearing and Tree Retention: Shall comply with RMC 4-4-130, Tree Retention and Land
Clearing Regulations.
4. Streams:
a. Preservation: Every reasonable effort shall be made to preserve existing streams, bodies of water,
and wetland areas.
PRELIMINARY PLAT-7
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b. Method: If a stream passes through any of the subject property, a plan shall be presented which
indicates how the stream will be preserved. The methodologies used should include an overflow
area, and an attempt to minimize the disturbance of the natural channel and stream bed.
c. Culverting: The piping or tunneling of water shall be discouraged and allowed only when going
under streets.
d. Clean Water: Every effort shall be made to keep all streams and bodies of water clear of debris
and pollutants.
7 9. As discussed in Conclusion of Law No. 4, and as conditioned, the land is suitable for
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development. The property is not designated as a floodplain and there are no critical areas on-site,
including any streams.
RMC 4-7-140: Approval of all subdivisions located in either single family residential or multi-
! O family residential zones as defined in the Zoning Code shall be contingent upon the subdivider 's
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dedication of land or providing fees in lieu of dedication to the City, all as necessary to mitigate the
adverse effects of development upon the existing park and recreation service levels. The
requirements and procedures for this mitigation shall be per the City of Renton Parks Mitigation
Resolution.
14 10. City ordinances require the payment of park impact fees prior to building permit issuance.
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RMC 4-7-lSO(A): The proposed street system shall extend and create connections between existing
streets unless otherwise approved by the Public Works Department. Prior to approving a street
system that does not extend or connect, the Reviewing Official shall find that such exception shall
meet the requirements of subsection E3 of this Section. The roadway classifications shall be as
defined and designated by the Department.
11. The Public Works Department determined that no street connections are required (beyond the
connection of Road A to l 20'h Ave SE) because surrounding development makes any such
connections impossible.
RMC 4-7-lSO(B): All proposed street names shall be approved by the City.
12. As conditioned.
RMC 4-7-lSO(C): Streets intersecting with existing or proposed public highways, major or
secondary arterials shall be held to a minimum.
13. There is no intersection with a public highway or major or secondary arterial.
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RMC 4-7-lSO(D): The alignment of all streets shall be reviewed and approved by the Public Works
Department. The street standards set by RMC 4-6-060 shall apply unless otherwise approved. Street
alignment offsets of less than one hundred twenty jive feet (125') are not desirable, but may be
approved by the Department upon a showing of need but only after provision of all necessary safety
measures.
14. As determined in Finding of Fact 4, the Public Works Depaitment has reviewed and
approved the street alignment.
RMC 4-7-lSO(E):
8 /. Grid: A grid street pattern shall be used to connect existing and new development and shall be the
predominant street pattern in any subdivision permitted by this Section.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. Linkages: Linkages, including streets, sidewalks, pedestrian or bike paths, shall be provided
within and between neighborhoods when they can create a continuous and interconnected network
of roads and pathways. Implementation of this requirement shall comply with Comprehensive Plan
Transportation Element Objective T-A and Policies T-9 through T-16 and Community Design
Element, Objective CD-Mand Policies CD-50 and CD-60.
3. Exceptions:
a. The grid pattern may be adjusted to a "flexible grid" by reducing the number of linkages or the
alignment between roads, where the following factors are present on site:
i. Infeasible due to topographical/environmental constraints; and/or
ii. Substantial improvements are existing.
4. Connections: Prior to adoption of a complete grid street plan, reasonable connections that link
existing portions of the grid system shall be made. At a minimum, stub streets shall be required
within subdivisions to allow future connectivity.
5. Alley Access: Alley access is the preferred street pattern except for properties in the Residential
Low Density land use designation. The Residential Low Density land use designation includes the
RC, R-1, and R-4 zones. Prior to approval of a plat without alley access, the Reviewing Official shall
evaluate an alley layout and determine that the use of alley(s) is not feasible ...
6. Alternative Configurations: Offset or loop roads are the preferred alternative configurations.
25 7. Cul-de-Sac Streets: Cul-de-sac streets may only be permitted by the Reviewing Official where due
to demonstrable physical constraints no fi1ture connection to a larger street pattern is physically
26 possible.
PRELIMINARY PLAT -9
2
3
4
5
15. No giid connection is possible for the project due to surrounding development.
RMC 4-7-lSO(F): All adjacent rights-of-way and new rights-of-way dedicated as part of the plat,
including streets, roads, and alleys, shall be graded to their full width and the pavement and
sidewalks shall be constructed as specified in the street standards or deferred by the
Planning/Building/Public Works Administrator or his/her designee.
6 16. This will be required during civil plan review.
7
8
9
10
11
12
13
14
15
RMC 4-7-lSO(G): Streets that may be extended in the event of future adjacent platting shall. be
required to be dedicated to the plat boundary line. Extensions of greater depth than an average lot
shall be improved with temporary turnarounds. Dedication of a full-width boundary street shall be
required in certain instances to facilitate jitture development.
17. There are no further street extensions possible for the proposed subdivision due to
surrounding development.
RMC 4-7-170(A): Insofar as practical, side lot lines shall be at right angles to street lines or radial
to curved street lines.
18. As depicted in Ex. 7, the side lines are generally in conformance with the requirement quoted
above.
RMC 4-7-170(B): Each lot must have access to a public street or road. Access may be by private
16 access easement street per the requirements of the street standards.
17
18
19
20
21
19. As previously determined, each lot has access to a public street or road.
RMC 4-7-170(C): The size, shape, and orientation of lots shall meet the minimum area and width
requirements of the applicable zoning classification and shall be appropriate for the type of
development and use contemplated. Further subdivision of lots within a plat approved through the
provisions of this Chapter must be consistent with the then-current applicable maximum density
requirement as measured within the plat as a whole.
22 20. As previously determined, the proposed lots comply with the zoning standards of the R-4
23
24
25
26
zone, which includes area, width and density.
RMC 4-7-170(D): Width between side lot lines at their foremost points (i.e., the points where the
side lot lines intersect with the street right-of-way line) shall not be less than eighty percent (80%) of
the required lot width except in the cases of(l) pipes/em lots, which shall have a minimum width of
PRELIMINARY PLAT-JO
2
3
4
5
6
twenty feet (20') and (2) lots on a street curve or the turning circle of cul-de-sac (radial lots), which
shall be a minimum of thirty five feet (35').
21. As shown in Ex. 7, the requirement is satisfied.
RMC 4-7-170(E): All lot corners at intersections of dedicated public rights-o.fway, except alleys,
shall have minimum radius of fifteen feet (15').
22. As conditioned.
7 RMC 4-7-190(A): Due regard shall be shown to all natural features such as large trees,
watercourses, and similar community assets. Such natural features should be preserved, thereby
8
9
10
11
12
13
14
adding attractiveness and value to the property.
23. As discussed in Finding of Fact No. 5, there are no critical areas on site. Significant trees are
proposed to be retained as required by the City's tree retention code requirements.
RMC 4-7-200(A): Unless septic tanks are specifically approved by the Public Works Department
and the King County Health Department, sanitary sewers shall be provided by the developer at no
cost to the City and designed in accordance with City standards. Side sewer lines shall be installed
eight feet (8 ') into each lot if sanitary sewer mains are available, or provided with the subdivision
development.
15 24. As conditioned.
16
17
18
19
RMC 4-7-200(B): An adequate drainage system shall be provided for the proper drainage of all
surface water. Cross drains shall be provided to accommodate all natural water flow and shall be of
sufficient length to permit full-width roadway and required slopes. The drainage system shall be
designed per the requirements of RMC 4-6-030, Drainage (Surface Water) Standards. The drainage
system shall include detention capacity for the new street areas. Residential plats shall also include
detention capacity for future development of the lots. Water quality features shall also be designed to
20 provide capacity for the new street paving for the plat.
21
22
23
24
25
26
25. The proposal provides for adequate drainage that is in conformance with applicable City drainage
standards as determined in Finding of Fact No. 4c. The City's stormwater standards, which are
incorporated into the TIR report and will be further implemented during civil plan review, ensure
compliance with all of the standards in the criterion quoted above.
RMC 4-7-200(C): The water distribution system including the locations ojjire hydrants shall be
designed and installed in accordance with City standards as defined by the Department and Fire
Department requirements.
PRELIMINARY PLAT-11
2
3
26. As noted in the staff report, this will be addressed during civil plan review.
RMC 4-7-200(D): All utilities designed to serve the subdivision shall be placed underground. Any
utilities installed in the parking strip shall be placed in such a manner and depth to permit the
planting of trees. Those utilities to be located beneath paved surfaces shall be installed, including all
4 service connections, as approved by the Department. Such installation shall be completed and
5
6
7
8
9
10
11
12
approved prior to the application of any suiface material. Easements may be required for the
maintenance and operation of utilities as specified by the Department.
27. As conditioned.
RMC 4-7-200(E): Any cable TV conduits shall be undergrounded at the same time as other basic
utilities are installed to serve each lot. Conduit for service connections shall be laid to each lot line
by subdivider as to obviate the necessity for disturbing the street area, including sidewalks, or alley
improvements when such service connections are extended to serve any building. The cost of
trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore required to
bring service to the development shall be borne by the developer and/or land owner. The subdivider
shall be responsible only for conduit to serve his development. Conduit ends shall be elbowed to
final ground elevation and capped. The cable TV company shall provide maps and specifications to
13 the subdivider and shall inspect the conduit and certify to the City that it is properly installed.
14 28.
15
As conditioned.
16
17
18
19
RMC 4-7-210:
A. MONUMENTS:
Concrete permanent control monuments shall be established at each and every controlling corner of
the subdivision. Interior monuments shall be located as determined by the Department. All surveys
shall be per the City of Renton surveying standards.
20 B. SURVEY:
21
22
23
24
25
26
All other lot corners shall be marked per the City surveying standards.
C. STREET SIGNS:
The subdivider shall install all street name signs necessary in the subdivision.
29. As conditioned.
DECISION
PRELIMINARY PLAT-12
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
The proposed preliminary plat as depicted in Ex. 16 and described in this decision is approved,
subject to the following conditions:
1. The applicant shall comply with mitigation measures issued as part of the Mitigated
Determination of Non-Significance for the proposal.
2. All proposed street names shall be approved by the City.
3. All lot comers at intersections of dedicated public rights-of-way, except alleys, shall have
minimum radius of fifteen feet (15').
4. Side sewer lines shall be installed eight feet (8') into each lot if sanitary sewer mains are
available, or provided with the subdivision development.
5. All utilities designed to serve the subdivision shall be placed underground. Any utilities
installed in the parking strip shall be placed in such a manner and depth to permit the planting
of trees. Those utilities to be located beneath paved surfaces shall be installed, including all
service connections, as approved by the Department of Public Works. Such installation shall
be completed and approved prior to the application of any surface material. Easements may
be required for the maintenance and operation of utilities as specified by the Department of
Public Works.
6. Any cable TV conduits shall be undergrounded at the same time as other basic utilities are
installed to serve each lot. Conduit for service connections shall be laid to each lot line by
Applicant as to obviate the necessity for disturbing the street area, including sidewalks, or
alley improvements when such service connections are extended to serve any building. The
cost of trenching, conduit, pedestals and/or vaults and laterals as well as easements therefore
required to bring service to the development shall be borne by the developer and/or land
owner. The applicant shall be responsible only for conduit to serve his development. Conduit
ends shall be elbowed to final ground elevation and capped. The cable TV company shall
provide maps and specifications to the applicant and shall inspect the conduit and certify to
the City that it is properly installed.
7. The applicant shall install all necessary street name signs prior to final plat approval.
8. The applicant shall install all survey monuments required by RMC 4-7-210(A) prior to
final plat approval.
PRELIMINARY PLAT -13
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
9. The applicant shall obtain a demolition pennit and all required inspections for the removal of
the existing single family residence on proposed Tract 'A' p1ior to Final Plat recording.
10. The existing structures to remain on Lot 5 shall not exceed the maximum allowed building
coverage, or buildings may be subject to removal prior to recording the plat. The applicant
shall demonstrate compliance with lot coverage requirements for Lot 5 prior to final plat
approval.
11. The applicant shall be required to submit a revised landscape plan, depicting a 10-foot wide
on-site landscape strip for all lots. The final detailed landscape shall be submitted. to and
approved by the Current Planning Project Manager prior to Final Plat recording.
12. The preliminary plat map shall be revised to provide for correct front yard setbacks for Lots 4
and 6 as detailed at p. 7 of the staff report.
DATED this 22nd day of January, 2014.
City of Renton Hearing Examiner
Appeal Right and Valuation Notices
RMC 4-8-l 10(E)(9) provides that the final decision of the hearing examiner is subject to appeal to
the Renton City Council. RMC 4-8-110(E)(9) requires appeals of the hearing examiner's decision
to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A
request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal
period as identified in RMC 4-8-110(E)(8) and RMC 4-8-100(0)(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.
PRELIMINARY PLAT-14
11
BROOKGROVE
A PORTION OF SECTION 33, TOWNSHIP 23 NORTH, RANGE 5 EAST. W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
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129 s.c;· (f~.I(,
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14
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15 16
LEGEND
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EXHIBIT 3
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BROOKGROVE
A PORTION OF SECTION 33, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
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VICINITY MAP
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n
November 10, 2015 Job No. 1670-004-013
Ms. Jan Illian
City of Renton Planning and Development
1005 South Grady Way
Renton, WA 98057
RE: Brookgrove (formerly Rylee's Place) Final Plat Application
LUA13·001455, R-376201
Dear Jan:
We are submitting to the City of Renton an application for Final Plat for the Brookgrove
Plat. This letter will serve as the Confirmation of Compliance with all Conditions of Plat
Approval. The project went to a Hearing Examiner for review on January 7, 2014. The
conditions below are from the Hearing Examiner's Decision dated January 22, 2014 and
include conditions associated with the Determination of Non-Significance Mitigated
dated December 12, 2013.
For simplicity, I have copied the original condition in italics and our actions to meet the
condition in bold.
Conditions from the Hearing Examiner's Decision dated January 22. 2014:
1. The applicant shall comply with mitigation measures issued as part of the
Mitigated Determination of Non-Significance for the proposal.
The mitigation measure from the Environmental Review Committee
are as follows:
1) The recommendations in the geotechnical report, "Geotechnical
Engineering Study, Eagleston, 18851 120th Avenue Southeast,
Renton Washington," by Earth Solutions NW (ESNW), dated
September 10, 2013, shall be followed prior to, during, and
following construction.
All construction plans have been prepared to the
specifications of the Geotechnical Report prepared by Earth
Solutions NW, dated September 10, 2013. All site
development and earthwork have been performed to the
specifications of the Geotechnical Report.
EXHIBIT 5
Ms. Jan Illian
November 10, 2015
Page2
2. All proposed street names shall be approved by the City.
The street name of "SE 1891h Place" for the proposed street was
submitted to the City of Renton and approved during construction
plans review.
3. All lot corners at intersections of dedicated public rights-of-way, except
alleys, shall have minimum radius of fifteen feet (15').
All lot corners at intersections of dedicated public right-of-way,
except alleys, have a minimum radius of fifteen feet (15'). Please
refer to Sheet 5 of 5 of the final plat plan.
4. Side sewer lines shall be installed eight feet (8') into each lot if sanitary
sewer mains are available, or provided with the subdivision development.
Side sewers have been installed at a minimum of 8' into each lot as
required. The sewer plans were reviewed and approved by the Soos
Creek Water and Sewer District prior to construction commencing
on the site.
5. All utilities designed to serve the subdivision shall be placed underground.
Any utilities installed in the parking strip shall be placed in such a manner
and depth to permit the planting of trees. Those utilities to be located
beneath paved surfaces shall be installed, including all service
connections, as approved by the Department of Public Works. Such
installation shall be completed and approved prior to the application of
any surface material. Easements may be required for the maintenance
and operation of utilities as specified by the Department of Public Works.
All utilities serving the plat have been installed underground at a
depth that is sufficient for planting of trees. These installations were
completed prior to paving. Easements have been provided to the
City and other providers as required.
6. Any cable TV conduits shall be undergrounded at the same time as other
basic utilities are installed to serve each lot. Conduit for service
connections shall be laid to each lot line by Applicant as to obviate the
necessity for disturbing the street area, including sidewalks, or alley
improvements when such service connections are extended to serve any
building. The cost of trenching, conduit, pedestals and/or vaults and
laterals as well as easements therefore required to bring service to the
development shall be borne by the developer and/or land owner. The
applicant shall be responsible only for conduit to serve his development.
Conduit ends shall be elbowed to final ground elevation and capped. The
cable TV company shall provide maps and specifications to the applicant
and shall inspect the conduit and certify to the City that it is properly
installed.
Ms. Jan Illian
November 10, 2015
Page 3
Cable TV Conduits have been installed as required per this
condition. All inspections have been completed and certified.
7. The applicant shall install all street name signs necessary in the
subdivision prior to final plat approval.
All necessary street name signs have been installed in the
subdivision.
8. The applicant shall install all survey monuments required by RMC 4-7-
210(A) prior to final plat approval.
All survey monuments have been installed.
9. The applicant shall obtain a demolition permit and all required inspections
for the removal of the existing single family residence on proposed Tract
';;\" prior to Final Plat recording.
The single family home on proposed Tract "A" has been removed.
Additionally the single family home located on lots 4 and 5 has been
removed. Both single family residences were demolished in the
spring of 2014 after obtaining the necessary demolition permits.
10. The existing structures to remain on Lot 5 shall not exceed the maximum
allowed building coverage, or buildings may be subject to removal prior to
recording the plat. The applicant shall demonstrate compliance with lot
coverage requirements for Lot 5 prior to final plat approval.
The existing structure that was located on Lot 5 was removed as
part of the site development process. All lots conform to the lot
coverage requirements of the zone.
11. The applicant shall be required to submit a revised landscape plan,
depicting a 10-foot wide on-site landscape strip for all lots. The final
detailed landscape shall be submitted to and approved by the Current
Planning Project Manager prior to Final Plat recording.
A revised landscape plan depicting the 10-foot wide on-site
landscape strip for all lots was prepared and submitted during the
site development phase of the project. The landscape plan was
approved by the Current Planning Project Manager and all
landscape has been installed per the approved plan. The final
landscape plans are included with this submittal.
12. The preliminary plat map shall be revised to provide for correct front yard
setbacks for Lots 4 and 6 as detailed at p. 7 of the staff report.
Ms. Jan Illian
November 10, 2015
Page 4
Lots 4 and 6 have been reconfigured and have the proper front yard
setbacks as required by code. All lots within the plat conform to the
current setback requirements of the zone.
We feel that the applicant has complied with the conditions as set forth by the Hearing
Examiner and the Environmental Review Committee. Based on the completion of the
site development and necessary improvements along with any performance guarantees
that may be required, we request that you approve the final plat for recording. Should
you have any questions, or require additional information please contact me directly.
We look forward to working with you.
Sincerely,
ESM CONSUL TING ENGINEERS, LLC
EVAN MANN
Senior Planner
Enclosures
cc: Stephannie Karlsson
\\esmS\engr\esm·jobs\1670\003\013\office\final plat\confirmation of compliance.doc
SOOS CREEK WATER & SEWER DISTRICT
14616 S.E. 192nd St. • 1,0. Box 58039 • Renton, WA 98058-1039 • Phone (253) 630-9900 • Fax (253) 630-5289
Certification of Water Availability
for the Plat of:
Rvlees Place
Soos Creek Water a11d Sewer District certifies herewith that the water .~1,stem i11stalletl in the
referenced plat has been accepted.for 111ainte11m1ce mu! operation. This water system /uu been
incorporated into the Di.,trict's water system and .>ervice will be provided to the connecting
properties 011 the same basi,· wul under the same contlili1111s 11s all other customers o.fthe w11ter
district.
All loMunit., wit!,in the plat of:
Rvlees Place
now have w11ter available by .Iervice cm111eclio11. A w11ter meter 11pplication 11111st he obtained at
the Soos Creek Water and Sewer District office prior to co1111ection.
/<a,__SO{l_t:fL,,,,-7 .
Ron Speer I-~
District Manager
cc Local Fire Department
1)usday, January 19, 2016 Page I of/
www.sooscreek.com
SOOS CREEK WATER & SEWER DISTRICT
14616 S.E. 192nd St. • P.O. Box 58039 • Renton, WA 98058-1039 • Phone (253) 630-9900 • Fax (253) 630-5289
Certification of Sewer Availability
for the Plat of:
Rylees Place
Soos Creek Woter and Sewer District certifies herewith tltat the sewer system i11stalled in the
refere11ced p/11t has bee11 accepted for 11111intefl(111ce and operatio11. This sewer system has been
incorporated into the District'., sewer system and service will be provided to the co1111ecti11g
properties 011 tlte same basis and 1111der the same conditions 11s all other customers of the sewer
district.
All lots/1111its within the plat of:
Rylees Place
now have sewer available by side sewer co1111ectio11. A side sewer permit 11111st be obtained at the
Soos Creek Water mu/ Sewer District office prior to connection.
\c~ S0£:ft'_
Ro11 Speer --/'£?
Di.<trict Ma11ager C/Y--
Tttesdt1y, Jauuary 19, 2016 Page I of!
VvWW. sooscreek.com
SOOS CREEK WATER & SEWER DISTRICT
14616 S.E. 192nd St. • PO. Box 58039 • Renton, WA 98058-1039 • Phone (253) 630-9900 • Fax (253) 630-5289
Certification of Sewer Availability
for the Plat of:
Ry/ees Place
Soos Creek Water and Sell'er District certifies herewith that the sewer system imta/led in the
refere11ced plat has been accepted for mai111e11ance and operation. Thi,· sewer .1yste111 has been
incorporated illlo the District's sewer .,ystem am/ service wi/f be provided to the co1111ecti11g
properties 011 the wme basis and mu/er the same conditio11s as all other customers of the sewer
district.
Al/ lotsltmits within the plat of:
Rylees Place
110»' have sewer aMilable by side sewer co1111ection. A side sewer permit mu.,·/ be obtained at the
Soos Creek Water all{/ Sewer District office prior to co1111ectio11.
\(ch SrX:Erc
Ron Speer __./Y/
District 1\.1c111ager ~
Tue.Willy, January /9, 2016 Page I of 1
www.sooscreek.com
Denis Law c· f
Maym -r 1tyo l ----=------~~ ~JJiDll
December 15, 2015 Community & Economic Development Department
Evan Mann
ESM Consulting Engineers, LLC
33400 -8th Ave South Suite 205
Federal Way, WA 98003
SUBJECT:
Dear Mr. Mann:
Status Report of Brookgrove Final Plat
File No. LUAlS-000802 FP
C.E."Chip"Vincent, Administrator
The purpose of this letter is to provide an update on the status of the final short 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
review comments from all departments. Please use this letter as a checklist to move the project
forward towards final recording.
Technical Services Comments
Amanda Askren 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, LUA15 000802 and
LND 10 0504, 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. Include a statement of equipment and procedures used, per WAC32 130 100.
3. Indicate what has been, or is to be, set at the corners of the proposed lots.
4. Vicinity Map does not show the entire project site.
5. The lot addresses will be provided by the city. Note said addresses and the street name on the
plat drawing.
6. The dimensions on the West line of Section 33 need to be addressed to adequately show the
survey boundary information.
Planning Comments
Jill Ding has reviewed the final plat submittal and has provided the following planning comments:
1. The onsite landscape strip along the northeast corner of the Lot 17 is less than 10 feet in width.
Please provide additional landscaping at this location.
2. Replacement trees need to be installed.
Fire Comments
Corey Thomas has provided the following comments. Call 425-430-7024 for inspection.
1. Provide approved street name sign per approved plans.
Renton City Hall • 1055 South Grady Way , Renton, Washington 98057 , rentonwa.gov
Brookgrove Final Plat
December 15, 2015
Page 2 of 3
2. Provide 5 inch storz quick connect fittings on all fire hydrants.
3. Install blue hydrant markers.
Building Comments
1. Add addresses to the face of the plat. See attached.
Plan Review Plat Comments
1. Provide a copy of Post Office Approval.
2. Submit monument cards.
Plan Review Comments -Construction Close Out
Contact Ann Fowler 425-430-7382.
1. Utility Improvements Punchlist. 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. Please continue working with
inspector, Tom Main, 206-999-1833 through this process. The utility construction permit and
street lighting permit must be signed off by the inspector prior to recording of the plat.
2. As-Built Submittal. Paper copies of asbuilts shall be submitted to the inspector for review. 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 final
construction activity. The civil drawings also need to show all storm drainage system
easements, which shall be consistent with the as-built location of the utility. Once approved by
the inspector, the approved construction plan mylars can be checked-out from the sixth floor
Public Works counter and updated or replaced with a complete As-Built plan set. 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.
3. 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.
4. Bill of Sale. The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and
Inventory Form. Include street improvements and storm to be owned and maintained by the
City. Do not include side sewers or any constructed improvements not to be owned by the City
of Renton.
5. 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, storm vault, street, and sidewalk, curb and
gutter costs as shown on the Cost Data Inventory form. The permit bond (if on file) will be
released upon receipt and acceptance of the maintenance bond or assignment of funds.
6. Acceptance letter from Soos Creek Water and Sewer District.
Brookgrove Final Plat
December 1S, 2015
PaBe 3of3
Please submit all final plat correspondence and revisions to me and I will forward them on to the
appropriate departments for further review. Unless stated above, provide 4 copies of all documents
including a response letter. 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,
!h42~<--
4n~:an
City of Renton
Development Engineering
1055 -S. Grady Way 6th floor
Renton, WA 98057
Phone: (425) 430-7216
E-mail: jillian@rentonwa.gov
cc: Ann Fowler, Plan Review
Amanda Askren, Technical services
Jill Ding, Planner
Tom Man, Inspector
File
. -
_ _:De~;::...~raw ______ 11_~illIDf]!
Community & Economic Development Department
December 1, 2015
Stephanie Karlsson
Henley USA LLC
11100 Main St, Suite 100
Bellevue, WA 98004
C.E. "Chip"Vincent, Administrator
Subject: Notice of Complete Application
Brookgrove Final Plat (aka Rylee's Place)
LUAlS-000802, FP
Dear Ms. Karlsson:
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,
~-
Plan Reviewer
Cc: Brianne Bannwarth, Development Engineering Manager
Evan Mann /ESM Consulting Engineers
Jennifer Henning, Planning Director
Vanessa Dolbee, Planning Manager
Jill Ding, Planner
File
Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov
City of Renton RECEIVED
LAND USE PERMIT NOV 11 ZG1S
._ ~ITV OF RENTON MASTER APPLICATION PLANNINGDIVIS\ON
PROPERTY OWNER(S) PROJECT INFORMATION
Henley USA LLC Attn: Stephannie Karlsson PROJECT OR DEVELOPMENT NAME:
NAME: Brookgrove Final Plat
11100 Main Street, Ste 100 PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE:
ADDRESS: 19003 120TH AVE SE, 98058
Bellevue, WA 98004
CITY: ZIP:
18842118TH AVE SE, 98058
18851 120TH AVE SE, 98058
(425) 466-1677 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):
TELEPHONE NUMBER: 619840-0241, -0247, -0260, -0280
APPLICANT (if other than owner)
Same as owner. EXISTING LAND USE(S):
NAME: 3 Single-Family Residences (2 removed, 1 retained.)
PROPOSED LAND USE($):
COMPANY (if applicable): 17 Single-Family Residences (16 new, 1 existing)
EXISTING COMPREHENSIVE PLAN MAP DESIGNATION:
ADDRESS: RLD -Residential Low Density
PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION
CITY: ZIP: (if applicable)
N/A
EXISTING ZONING:
TELEPHONE NUMBER: R-4
CONTACT PERSON PROPOSED ZONING (if applicable):
N/A
Evan Mann SITE AREA (in square feet):
NAME: 215,462 sq ft
ESM Consulting Engineers SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE
COMPANY (if applicable): DEDICATED:
±28,999 SF
33400 8'" Ave S, Suite 205 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS:
ADDRESS: 4,813 SF
Federal Way, WA 98003 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET
CITY: ZIP: ACRE (if applicable)
4 du/acre
TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable)
17
(253) 838-6113
evan.mann@esmcivil.com NUMBER OF NEW DWELLING UNITS (if applicable):
16
C:\Users\SKarbson\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ Y3V86VTO\Mastcr Application -Final Plat.doc -1-
Pl"l;OJECT INFORMAT~IO_N~(c_o_n_t_i._,u_e_d~) -------~
NU~j,ER OF EXISTING DWELLING UNITS (if applicable):
3 and 1 accessory dwelling unit.
SQUARE FOOTAGE OF PROPOSED RESIDENTIAL
BUILDINGS (if applicable): TBD
SQUARE FOOTAGE OF EXISTING RESIDENTIAL
BUILDINGS TO REMAIN (if applicable):+/-3,120 SF
SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL
BUILDINGS (if applicable): N/A
SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL
BUILDINGS TO REMAIN (if applicable): N/A
NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if
applicable): N/A
NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW
PROJECT (if applicable): N/A
---·---
PROJECT VALUE: TBD
IS THE SITE LOCATED IN ANY TYPE OF
ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE
SQUARE FOOTAGE (if applicable): NIA
D AQUIFIER PROTECTION AREA ONE
D AQUIFIER PROTECTION AREA TWO
D FLOOD HAZARD AREA ___ sq.ft.
D GEOLOGIC HAZARD ___ sq.ft.
D HABITAT CONSERVATION ___ sq.ft.
D SHORELINE STREAMS & LAKES ___ sq.ft.
D WETLANDS ___ sq.ft.
LEGAL DESCRIPTION OF PROPERTY
(Attach legal description on separate sheet with the following information included)
SITUATE IN THE~ QUARTER OF SECTION __n_, TOWNSHIP ---1.W._, RANGE~. IN THE
CITY OF RENTON, KING COUNTY, WASHINGTON
AFFIDAVIT OF OWNERSHIP
I, (Print Name/s) Lisa Gavell , declare under penalty of perjury under the laws of the State of Washington that I am (please check
one) __ the current owner of the property involved in this application or _x_ 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.
11/11/15
Date Signature of Owner/Representative
STATEOFWASHINGTON)
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ~Li~sa~C~av~e~ll~~~--~~~-
signed this instrument and acknowledge it to be his/her/their free and voluntary act for the
uses and purpose mentioned in the instrument.
11-11-15
Dated
Notary (Print): Stephannie L. Karlsson
C:\Users\SKarlsson\AppData\Local\Microsoft\Windows\Temporary I11ternet Files\Content.Outlook\Y3V86VTO\Mastcr Application~ Final Plat.doc
Date
-2-
@
BO
CHICAGO Tl'fLE COMP ANY
701 FIFfH A VENUE, #2300, SEATTLE, WA 98104
RECENED
NO\/ 1 1 2ms
cnv Of RENTON
PLANNING DIVISION
ORDER NO:
YOURNO:
UNIT NO:
LOANNO:
PHONE: (206)628-5610
FAX: (206)628-9717
001369795
BROOKGROVE
06
SUPPLEMENT AL COMMITMENT #2
0 R D E R R E F E R E N C E I N F O R M A T I O N
SUPPLEMENTAL NUMBER,
PVRCHASER/BORROWER,
2 OF THE SECOND CERTIFICATE
Our Title Certificate dated 06/30/15 at 8:00 A.M. is supplemented as follows,
BR PARAGRAPH NUMBER 25 OF OVR CERTIFICATE ARE HEREBY DELETED.
BU THE FOLLOWING IS ADDED TO PARAGRAPH NUMBER 27:
Bv FIRST AMENDMENT TO DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF,
BS
BT
DATED:
RECORDED,
RECORDING NUMBER,
SEPTEMBER 11,, 2015
SEPTEMBER 25, 2015
20150925001764
THERE HAS BEEN NO CHANGE IN THIS CERTIFICATE SINCE JUNE 30, 2015, EXCEPT THE
MATTERS NOTED HEREINABOVE AND ON SUPPLEMENTAL NO. 1.
THE EFFECTIVE DATE OF THIS CERTIFICATE IS HEREBY AMENDED TO OCTOBER 6, 2015.
OCTOBER 14, 2015 AUTHORIZED BY, MIKE HARRIS
SUPPCOM2/RDA/rlm
After recording return to:
Sumitomo Forestry America, Inc.
11 JO I 12th Ave NE, Suite 202
Bellevue, WA 98004
Ann: Takefumi (Ken) Usami
CHICAGO?ITLE INS. CO
REFll4' alAa
~1~~~1111111
CHlt;AGO TITLE AIIHC 01764
P9Glt-ett OF et? 71.811
89/Z5/281S 18:39
KING COUNTY, WA
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
FIRST AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF LEASES AND
RENTS, SECURITY AGREEMENT AND FIXTURE FILING
Granter:
Grantees:
Beneficiary:
Trustee:
Recording Number of
Document Being Amended:
Assessor Tax Parcel Number:
Henley USA LLC
SUMITOMO FORESTRY AMERICA, INC.,
FORMERLY KNOWN AS SUMITOMO
FORESTRY SEAITLE, INC.
CHICAGO TITLE INSURANCE COMPANY
20150728000367
619840-0241, 619840-0247, 619840-0260 and
619840-0280
CH\CAOO im.E INSURANCE COMPANY
has placed the document ot
record as a custom~! courtesY
and accepts no flallit 1!
the.accuracy Of val\di\y VI
the documeill.
FIRST AMENDMENT TO DEED OF TRUST, ASSIGNMENT OF LEASES AND
RENTS, SECURITY AGREEMENT AND FIXTURE FILING
This First Amendment to Deed of Trust, Assignment of Leases and Rents, Security
Agreement and Fixture Filing (this "Amendment") is made and entered into this _[l_ day of
-!>eefa,tr,6ea , 2015, by and between HENLEY USA LLC, a Washington limited
liability company (''Borrower"), SUMITOMO FORESTRY AMERICA, INC., a Washington
corporation fonnerly known as Sumitomo Forestry Seattle, Inc. ("Lender") and CHICAGO
TITLE INSURANCE COMP ANY ("Trustee'1.
RECITALS
A. Borrower has e><ecuted for the benefit of Lender that certain Deed of Trust,
Assignment of Leases and Rents, Security Agreement and Fi><tun: Filing dated as of July 24,
2015, recorded in the Official Records of King County, Washington, on July 28, 2015, under
Document No. 20150728000367 (the "Deed of Trust"), encumbering Borrower's fee simple
interest in certain real property located in said County and State, as more particularly
described therein, and all improvements, fixtures and personalty therein (collectively, the
"Property"}, together with all rents, profits and proceeds thereof.
B. The Deed of Trust was originally executed in connection with a loan (the
"Loan'') evidenced by one promissory note dated as of even date therewith {the "Note"),
made by Borrower payable to the order of Lender in the original principal amount of Ten
Million Seven Hundred Fifty-two Thousand and 00/100 Dollars ($10,752,000.00).
C. Lender also made additional loans to Borrower, each evidenced by a
promissory note made by Borrower payable to the order of Lender in the principal amount of
such additional loans and each secured by a deed of trust executed by Borrower for the benefit
of Lender encumbering certain real property more particularly described therein.
D. In 2013, Lender consolidated the loans and increased the Loan to the
maximum aggregate principal amount of One Hundred Million and No/100 Dollars
($100,000,000.00) and made the increased Loan amount and additional advances available to
Borrower pursuant to the tenns of that certain Amended and Restated Master Loan
Agreement by and among Borrower, Henley USA Pty Ud, as trustee for Henley USA Unit
Trust, an Australian Unit Trust, as the guarantor of the Loan, and Lender dated as of January
17, 2013, as amended from time to time (the "Master Loan Agreement"). The increased
Loan, as so consolidated and amended, was evidenced by that certain Secured Promissory
Note dated as of even date therewith in the principal amount not to exceed One Hundred
Million and No/100 Dollars ($100,000,000.00) (the "2013 Note"). The 2013 Note and Master
Project Name: Rylee's
Propffl)' Location: Kini Coimty, WubingtOJI
7990nl9.I 0041743-00006
Loan Agreement were amended after 2013 to reduce the maximum loan amount lo Ninety
Million and Noll 00 Dollars ($90,000,000.00).
E. To facilitate the business operations of the Borrower and to provide the
required financing to Borrower and its affiliates to support additional land acquisition,
development and homebuilding activities, Borrower has requested that Lender agree to add
Mainvue Homes, Mainvue TX, Mainvue WA and, if requested, other Persons as borrowers
("Related Borrowen") under the Master Loan Agreement and to make additional loans
(together with any loan previously made under the Master Loan Agreement, each, a "Related
Loan" and collectively, the "Related Loans") to the Related Borrowers.
F. In coruJection with its agreement to provide the Related Loans, Lender is
requiring that the Borrower and the Related Borrowers enter into that certain Second
Amended and Restated Master Loan Agreement dated July 31, 2015 (the "201S Master Loan
Agreement'') and that certain Amended and Restated Promissory Note dated July 31, 2015
(the "201S Note"). The 2015 Master Loan Agreement replaces and supersedes the Master
Loan Agreement and the 2015 Nole replaces and supersedes the 2013 Note.
0. As a condition precedent to Lender agreeing to add the Related Borrowers
under the 2015 Master Loan Agreement, Borrower has agreed to amend this Deed of Trust to
provide that it shall secure all loans made by Lender under the 201 S Master Loan Agreement,
including all existing and future loans made to the Related Borrowers.
H. Borrower and Lender desire to modify the Deed of Trust to provide that the
Deed of Trust secures any obligations in CO!lllection with Related Loans made to the
Borrower or Related Borrowers under the 2015 Master Loan Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
I. Confirmation of Deed of Trust. Borrower hereby acknowledges and confirms
that the Deed of Trust currently encumbers all of the Property as a valid and first priority lien
and security interest for each of the debts and obligations therein set forth, and that Borrower
has no offset or defense thereto.
2. Obligations SC£!1l'Cd. The Deed of Trust shall and is hereby granted to secure
the 2015 Note and the 2015 Master Loan Agreement, as amended, all debts evidenced by all
renewals, extensions, modifications, substitutions and consolidations of the 2015 Note and
2015 Master Loan Agreement, including the Related Loans, and any other obligations or
additional advances made by Lender or its successor in interest to Borrower or its successors
or assigns (a) pursuant to the terms of the 2015 Master Loan Agreement or Deed of Trust, or
(b) that are evidenced by notes or other written instruments that expressly state they are
secured hereby, and for such purpose the Borrower conveys and warrants to Chicago Title
Project Name: Rylcc:'s
Property Location; Kin& Ccw:nry, WasbinJtOn
79907739.l 004174).-00006
Insurance Company, as Trustee, in trust with power of sale, and grants to Lender a security
interest in, the Property and all rents, profits and proceeds thereof, without affecting or
impairing the continuing validity or original priority of the Deed of Trust as amended hereby,
and this Deed of Trust may be judicially or nonjudicially foreclosed in the event of any
default thereunder that is not fully cured within any applicable cure period expressly provided
therefor.
3. Definition. As of the date hereof, the 2015 Note replaces and supersedes the
Note and the 2013 Note. From and after the date hereof, references to the "Note" in the Deed
of Trust shall be deemed to refer to the 2015 Note. The 2015 Note evidences a revolving
credit facility and amowtts may be advanced and repaid as more particularly provided in the
2015 Note and 2015 Master Loan Agreement.
4. Representations and Warranties. Borrower hereby reaffirms each of the
representations and warranties set forth in the Deed of Trust as of the date hereof.
5. Nonagricultural Property. Borrower covenants and warrants that the Property
is not used principally for agricultural purposes.
6. No Implied Modifications. Except as specifically modified in this
Amendment, nothing herein contained shall be considered as modifying, releasing, altering or
affecting the Deed of Trust, the original priority of the Deed of Trust, or the rights, remedies,
benefits, duties or obligatinns of the parties thereto, and to the extent not so amended all of the
same are incorporated and restated herein by this reference. It is further recognized and
agreed that any and all other documents and security agreements entered into between any of
the parties hereto which are in any mB1U1er connected with the indebtedness evidenced by the
2015 Note shall remain in full force and effect unless specifically canceled or amended by an
instrument in writing by Lender.
7. Attorneys' Fees. The prevailing party in any arbitration or litigation
concerning this Amendment shall be entitled to be paid its court costs and reasonable
attorneys' fees by the party against whom judgment is rendered, including such costs and fees
as may be incurred on appeal.
8. Assignments Prohibited. This Amendment may not be assigned by the
Borrower in whole or in part, volwttarily or involwttarily (including a transfer to a receiver or
bankruptcy estate), without the prior and express written consent of the Lender in each
instance or as otherwise expressly agreed to under and subject to the Borrower's satisfaction
of the conditions in the Deed of Trust and the 2015 Master Loan Agreement. Subject to the
foregoing, this Amendment shall bind and inure to the benefit of the parties and their
respective heirs, successors and assigns.
f'rojccl Name: Rylcc'1
Property l.o<alioo: Kini Colllll)', Wuhin .....
7990m,.1 0041743--00006
9. No Subordination. This Amendment does not constitute nor is it intended to
be or create a subordination of the lien of the Deed of Trust to any other lien on or interest in
the property encumbered thereby whether created or recorded before or after the Deed of
Trust.
10. Tjme of Performance. Time is of the essence of each and every term, covenant
and condition hereof.
11. Reaftirrnatjon. Each of the tenns, provisions and covenants of the Deed of
Trust are hereby confinned and reaff1rn1ed by Borrower as of the date hereof, as such tenns,
provisions or covenants are modified by this Amendment.
12. Countemarts. This Amendment may be executed in two or more counterparts,
all of which shall constitute but one and the same instrument. The signature pages of exact
copies of this Amendment may be attached to one copy to fonn one complete document.
Prt;cc1 Name: Rylcc's
"'-"' Location: King c.,_, WashiD-
19907739.1 0041743-(IOOl)6
(signatures follow on next page)
4
IN WITNESS WHEREOF, the parties hereto have executed this Amendment the day
and year first above written.
Project N11mc: Rylec's
Property loealian: King COUllty, WWl.ingto11
7990TI39. I 004174J.00006
BORROWER:
HENLEY USA LLC, a Washington limited
liability company
:~ted~ (!ltet
TiUe: H7ev
LENDER:
SUMITOMO FORESTRY AMERICA, INC.,
a Washington corporation
5
STA TE OF WASHINGTON
COUNTY OF f;_,.µ j
)
)ss.
)
On this .J.L day of '7f!/ fe.-M /) 4,.,/c , 20 I S, before me personally appeared
T!U,,er4'4i 1 ,' (/ 5f11t1 , ' , to me known to be the JV/ tWB-g_ '<&
of HENLEY USA LLC, the Washington limited liability company that executed the within
and foregoing instrument, and acknowledged 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&_ was authorized to execute said instnnnent on behalf of said company.
COUNTY OF f;,· Pf}
)
)ss.
)
of Washington, residing at m e{!c-e,e
My appointment expires: ra-/. { 8
On this L day of GR,ffe ry1 kea 2015, before me personally appeared
141 $ Cd S l. i ::C w111; 1,tkc c' , to me known to be the
f/?£5. 'd];ff" of SUMITOMO FORESTRY AMERICA, INC., the Washington
corporaiiont executed the within and foregoing instniment, and acknowledged said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that -/J.#.. was authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said corporation.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal
the day and ye~'llbtljf wrinen.
""" J. Yilllfh!'1,1 ~ ''%~ 1,,,.
{ ~~,:~\
~ I c, c=z..,. . ~ ~\_ "°"•\.~ ::to 2 . ~ ., .... -,,,,,fo.o;;,•/ fi § ,,, . ~ •11,,""~ .. <:J.::
1111 11 o,, WAS~~ ... ~
Project Name: Rylcc's 11 l\\\\\\\,,,,'-
Propcrty Locadon: Kitlg County, Wuhincton
7990n39.I 0041743-00006
Signature:-/f.i~.:t.C4J.«A.-40,~1&::'J'4..==-
Name:(prin ) :J:
NOTARY PUBLIC in and for the tate
of Washington, residing at,n.e.<cM 't:: ~-
My appointment expires: IQ -(-If{'
6
BI
CHICAGO TITLb COMPANY
701 FIFfH A VENUE, #2300, SEATTLE, WA 98104
ORDER NO:
YOURNO:
UNITNO:
LOAN NO:
PHONE: (206)628-5610
FAX: (206)628-9717
001369795
BROOKGROVE
06
SUPPLEMENTAL COMMITMENT
0 R D E R R E P E R E N C E I N P O R M A T I O N
SUPPLEMENTAL NUMBER: 1 OF THE SECOND CERTIFICATE
PURCHASER/BORROWER:
Our Title Certificate dated 06/30/15 at 8:00 A.M. is supplemented as follows:
BJ PARAGRAPH NUMBERS 2, 3 AND 4 OF OUR CERTIFICATE ARE HEREBY DELETED.
BP THE LEGAL DESCRIPTION SET FORTH IN SCHEDULE A OF OUR CERTIFICATE HAS BEEN
AMENDED AS FOLLOWS:
'SEE ATTACHED'
BK THE FOLLOWING PARAGRAPH HAS BEEN ADDED TO OUR CERTIFICATE:
BL PARAGRAPH NUMBER 2 7 :
BH 1. DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE
FILING, AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR:
TRUSTEE:
BENEFICIARY:
AMOUNT:
DATED,
RECORDED,
RECORDING NUMBER:
HENLEY USA LLC, A WASHINGTON LIMITED
LIABILITY COMPANY
CHICAGO TITLE INSURANCE COMPANY
SUMITOMO FORESTRY AMERICA, INC., A WASHINGTON
CORPORATION
$ 90,000,000.00
JULY--, 2015
JULY 28, 2015
20150728000367
THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THB SAME
CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE
INDEBTEDNESS SECURED.
SEE NEXT PAGE
SUPPLCOM/RDA/0999
BN
CHICAGO TITLE COMPANY
Order No.: 1369795
Your No.: BROOKGROVE
Unit No.: 06
SUPPLEMENTAL COMMITMENT
(Continued)
THERE HAS BEEN NO CHANGE IN THIS CERTIFICATE SINCE JUNE 30, 2015, EXCEPT
THE MATTERS NOTED HEREINABOVE.
THE EFFECTIVE DATE OF THIS CERTIFICATE IS HEREBY AMENDED TO AUGUST 26,
2015.
SEPTEMBER 2, 2015 AUTHORIZED BY, MIKE HARRIS
SUJ>LCOM2/RDA/D999
CHICAGO TITLE COMPANY
Order No.: 001369795
LEGAL DESCRIPTION
PARCEL A,
THE EAST 185.35 FEET OF THE WEST HALF OF LOT 3, BLOCK 2, NORTHWESTERN
GARDEN TRACTS, DIVISION NUMBER 4, ACCORDING TO THE PLAT THEREOF, RECORDED
IN VOLUME 47 OF PLATS, PAGE 74, IN KING COUNTY, WASHINGTON;
EXCEPT THE WEST 92.675 FEET THEREOF;
TOGETHER WITH THE EAST HALF OF LOT 3, BLOCK 2, NORTHWESTERN GARDEN TRACTS,
DIVISION NUMBER 4, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 47 OF
PLATS, PAGE 74, IN KING COUNTY, WASHINGTON;
EXCEPT THE EAST 300 FEET THEREOF;
PARCEL B:
THE WEST HALF OF LOT 3, BLOCK 2, NORTHWESTERN GARDEN TRACTS, DIVISION
NUMBER 4, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 47 OF PLATS,
PAGE 74, IN KING COUNTY, WASHINGTON;
EXCEPT THE WEST 129.52 FEET THEREOF; AND
EXCEPT THE EAST 92.675 FEET THEREOF;
PARCEL C:
LOT 4, BLOCK 2, NORTHWESTERN GARDEN TRACTS, DIVISION NUMBER 4, ACCORDING
TO THE PLAT THEREOF, RECORDED IN VOLUME 47 OF PLATS, PAGE 74, IN KING
COUNTY, WASHINGTON.
PARCEL D:
LOT 5, BLOCK 2, NORTHWESTERN GARDEN TRACTS, DIVISION NUMBER 4, ACCORDING
TO THE PLAT THEREOF, RECORDED IN VOLUME 47 OF PLATS, PAGE 74, IN KING
COUNTY, WASHINGTON.
LEOALl/RDA/0999
After recording please return to:
Sumitomo Forestry America Jnc.
1110112"' Ave NE, Suite 202,
Bellevue, WA, 98004
Attn: Takefumi (Ken) Usami
DOCUMENT
TITLE:
NAME OF
GRANTOR:
NAME OF
GRANTEES:
TRUSTEE:
BENEFICIARY:
ABBREVIATED
DESCRIPTION:
ASSESSOR'S
PROPERTY TAX
PARCEL ACCOUNT
NUMBER(S):
78270149.20041743-000JS
IIIIIHIIIIIIIIH
20150728000367
GINN DT 226.H
MGl-eet OF l\e ri,i•a&,Y!1J 1
Deed of Trust, Assignment ofuases and Rents,
Security Agreement and Fixture Filing
Henley USA LLC
Chicago Title Insurance Company
Sumitomo Forestry America, Inc.
20150728000367 001
Portion of Lot 3, Block 2, Northwestern Garden Tracts
Div. 4, Vol. 47 of Plats, pg 74
(Complete legal description is on Exhibit A of document)
619840-0241; 619840-0247; 619840-0260; 619840-0280
/'. :r
20150728000367.0:i2
DEED OF TRUST, ASSIGNMENT OF LEASES
AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING
THIS DEED OF TRUST is made this __ day of July, 2015, by HENLEY USA
LLC, a Washington limited liability company ("Grantor"), whose address is 1110 I 12th Ave
NE, Suite 202, Bellevue, WA, 98004, CHICAGO TITLE INSURANCE COMPANY
("Truslee"), and SUMITOMO FORESTRY AMERICA, INC., a Washington corporation
C'Beneficiary"), whose address is 1110 I 12th Ave NE, Suite 202, Bellevue, WA, 98004.
I. Grant or Lien, Grantor grants, bargains, sells, conveys and warrants to
Trustee, in trust with JX)wer of sale, all of its existing and after acquired interests in that certain
property located in the County of King, State of Washington, more particularly described in
Exhibit A attached hereto, and all improvements, fixtures and personalty thereon and all rights
and interests appurtenant thereto (hereinafter collectively referred to as the "Property")
together with all rents, profits and proceeds thereof. This Deed of Trust also constitutes a
security agreement in all of the property above described and for such purposes Grantor hereby
grants to Beneficiary a security interest therein.
2. Obligations Secured. This Deed of Trust is made for the purpose of securing
the perfonnance of each agreement of Grantor herein and in the payment of the indebtedness
evidenced by one promissol)' note January J, 2015 in the original principal sum of NINETY
MILLION and 01100 DOLLARS ($90,000,000.00) and all interest thereon and other amounts
evidenced thereby (herein referred to as the "Note"); all future advances made to Grantor by
Beneficiary, its successors and assigns, under the Note or pursuant to the terms of this Deed of
Trust; the debts evidenced by all renewals, extensions, modifications, substitutions and
consolidations of the Note; and any other existing or future debts or obligations ofGrantoror
its successor in interest to the Property to Beneficiary, its successors or assigns which are
evidenced by instruments or agreements that specifically state that they are secured hereby.
3. Grantor's Warranties of Tide. Granter warrants to Beneficiary that it is the
sole holder of fee simple absolute title to all of the Property and that said title is and shall be
kept marketable and free from any lien or encumbrance except the liens imposed by law for
nondelinquent real property taxes and assessments.
4. Maintenance and Improvements. Grantor shall maintain the buildings and
other improvements now or hereafter located on the Property in a fust class condition and state
of repair. Granter shall complete or restore promptly and in good workmanlike manner any
building or improvement which may be damaged or destroyed and pay when due all costs
incurred therefor. Grantor shall not commit or suffer any waste to the Property.
5. ~. No building or other improvement on the Property shall be
structurally altered, removed or demolished without the Beneficiary's prior written consent,
nor shall any fixture or chattel covered by this Deed of Trust and adapted to the proper use and
7&270149.2004110-000lj
20"\5072&000367 003
enjoyment of the Property be removed at any time without like consent unless actually
replaced by an article of equal suitability, owned by the Grantor, free and clear of any lien or
security interest except such as may be approved in writing by the Beneficiary.
6. Compliance With Laws. Grantor shall comply with all statutes, laws,
ordinances and regulations which now or hereafter pertain to the construction, repair,
condition, use, and occupancy of the Property, including, without limitation, all environmental,
hazardous waste, subdivision, zoning, building code, fire, occupational, health, safety~
occupancy, and other similar or dissimilar statutes, and shall not permit any tenant or other
occupant to violate the same. Grantor shall comply with all public and private: easements,
covenants, reservations and restrictions affecting the Property. In the event any statute requires
any correction, alteration or retrofitting of any improvements Grantor shall promptly undertake
the required repairs and restoration and complete the same with due diligence at its sole cost
and expense.
7. Hazardous Waste Indemnity. Grantor shall permit no haz.ardous or dangerous
objects. materials or products to be located upon or generated, stored, transported to or from,
disposed ofor used in any portion of the Property, nor permit any hazardous or dangerous use
to be made of the Property. If the same do so exist, or hereafter exist on the Property, Grantor
covenants to immediately cause the same to be collected, stored, treated, and removed and the
Property restored to the extent required by all then applicable federal, state and local
regulations and to immediately pay all of the costs thereof. Granter agrees to defend,
indemnify and hold Beneficiary, its directors, officers, agents, employees, participants and
assigns hannless against any and all costs, actual and foreseeable consequential damages, and
losses arising from or related lo the breach of any warranty or covenant in this Section.
8. Nonag~cultural Property. Granter covenants and warrants that the Property
is not used principally for agricultural purposes.
9. Benefician;•s Right to Inspect. Beneficiary and its agents and representatives
may enter upon the Property at all reasonable times to attend to Beneficiary's interests and to
inspect. test, survey and conduct environmental assessments of the Property.
IO. ~. Granter shall continuously maintain insurance on the Property with
all premiums prepaid and provide Beneficiary the original policies or originally signed
certificates therefor. All such existing and future policies shall cover one hundred percent
(100%) of the replacement value of the existing or future improvements comprising the
Property. with agreed value and inflation protection endorsements approved by Beneficiary in
writing and name Beneficiary as a loss payee under a standard 438 BFU endorsement or a
complete equivalent thereof acceptable to Beneficiary. Grantor shall provide Beneficiary with
proof of premiums paid for each policy tenn so long as this Deed of Trust remains in effect.
Grantor shall reimburse Beneficiary on demand for any premiums paid for such insurance by
the Beneficiary upon the Grantor's default in so insuring the improvements. In the event of
7127014920041741-000IS 2
20150728000367.004
foreclosure or trustee's sale, all rights of the Grantor in insurance policies then in force shall
pass to the purchaser at the foreclosure or trustee's sale.
11. Assignment of Insurance and Condemnation Proceeds. Should the Property
or any part or appurtenance thereof or right or interest therein be taken or damaged by reason
of any public or private improvement, condemnation proceeding (including change of grade),
fire, earthquake or other casualty, or in any other manner, Beneficiary or Trustee may, at its
option, commence, appear in and prosecute, in its own name, any action or proceeding, or
make any reasonable compromise or settlement in connection with such taking or damage, and
obtain all compensation, awards or other relief therefor. All compensation, awards, damages,
rights of action and proceeds, including the policies and the proceeds of any policies of
insurance affecting the Property, are hereby assigned to Beneficiary. Beneficiary may apply
any insurance proceeds or condemnation awards assigned hereunder to the indebtedness
secured hereby or, at its sole option, make the same available to Granter to complete the
necessary repairs and restorations upon such conditions and procedures as Beneficiary may
require. If Beneficiary is required by law or elects to pennit the use of any insurance proceeds
or condemnation awards for the payment of the costs of repair and restoration, it may cause
such proceeds and awards to be placed in a noninterest bearing disbursement account with
disbursements to be conditioned upon the Grantor's satisfaction of conditions nonnally
imposed by commercial lending institutions when disbursing a construction loan. Such
conditions include, without limitation, the absence of any default by Grantor, Grantor's
payment of Beneficiary's administrative expenses and attorneys' fees, Grantor's deposit with
Beneficiary in advance of all funds in addition to the available proceeds and awards which are
needed to pay the estimated repair and restoration expenses, incremental disbursements and
holdbacks based upon architects' percentage of completion certificates. and Beneficiary's
receipt and approval of the restoration plans and specifications, governmental approvals,
construction contracts. builder's risk insurance policies and payment and performance bonds.
12. Property Taxes and Assessml:nts. Grantor shall pay in full on or before the
due date thereof al1 rents, taxes, assessments, dues and encumbrances, with interest, that may
now or hereafter be levied, assessed or claimed upon the Property that is the subject of this
Deed of Trust or any part thereof, and upon request exhibit to Beneficiary officia1 receipts
therefor, and shall pay all taxes imposed upon, and reasonable costs~ fees and expenses of, this
Deed of Trust. Grantor shall reimburse Beneficiary on demand for any taxes and assessments
paid by Beneficiary following any failure ofGrantor to do so.
13. Assignment of Leases. Gran tor does hereby assign, transfer and set over unto
Beneficiary, as further security for the indebtedness and covenants secured hereby, all rentals
and deposits which may be received. or contracted for under any existing or future leases of the
Property encumbered hereby or any portion thereof, all of the Grantor's present and future
interests in said existing and future leases. Grantor shall timely perform all of its obligations
under said leases.
78270J49.2004I74J-0001S
20150728000367.005
14. Security Agreement. Grantor grants to Beneficiary a first and prior security
interest in all accounts, chattel paper~ deposit accounts, documents, equipment, general
intangibles, goods, instruments, inventory, investment property and all other personal property
(together with all of Grantor's books and reeords with respect to any of the foregoing, and the
computers and equipment containing said books and records} now owned or hereafter acquired
by Granter related to the Property (including, without limitation, all such tangible and
intangible personal property that is from time to time located upon, used in co1U1ection with or
derived from the Property) and all proceeds thereof to secure the payment and performance of
all of Grantor's obligations herein or secured hereby, and Beneficiary shall have all the rights
and remedies of a secured party W1der the Uniform Commercial Code as in effect in the State
of Washington from time to time (the "UCC") with respect to such property. Any notice of
sale, disposition or other intended action by Beneficiary or by Trustee with respect to the
collateral pledged hereby that is sent to Grantor at least five (5) business days prior to any
action under the UCC shall constitute reasonable notice to Grantor. Grantor authorizes
Beneficiary to file such financing statements and to create or require such further assurances as
Beneficiary may, from time to time, reasonably consider necessary to create, perfect and
preserve Beneficiary's security interest hereunder and Beneficiary may cause such statements
and assurances to be recorded and ftled. Grantor shall pay all fees and costs that Beneficiary
may incur in filing such documents and in obtaining such rec.ord searches as Beneficiary may
reasonably require.
15. Fixture Filing. This Deed of Trust covers goods that are or are to become
fixtures related to the Property and constitutes a fiKture tiling under the UCC in which Grantor
is the debtor and Beneficiary is the secured party, The name of the debtor is Henley USA
LLC, and the name of the secured party is Sumitomo Forestry America, Inc. The address of
Grantor set forth in the initial paragraph of this Deed of Trust is a mailing address for the
debtor, and the address of Beneficiary set forth in the initial paragraph of this Deed of Trust is
a mailing address for the secured party. The debtor is an organization, the type of organization
for the debtOT is a Washington limited liability company.
16. Impairment of Security. Granter shall not, without first obtaining the
Beneficiary's mitten consent. assign any of the rents or profits of the Property or change the
general nature of the use of the Property or initiate or acquiesce in any zoning reclassification,
special assessment district. dedication, vacation. or restriction affecting the Property, or do, or
suffer to be: done, any act or thing which would impair the security for said debt or the
Beneficiary's lien upon the Property or the rents thereof.
17. Defense of Suits. Grantor shall appear in and defend any suit, action or
proceeding that might affect the value, priority or enforceability of this security instrument or
the secwity itself or the rights and powers of Beneficiary or Trustee, including any suits
relating to damage to property or death or personal injuries, to the fun extent of Grantor's
negligence. Should Beneficiary elect also to appear in or defend any such action or proceeding
or be made a pany to such by reason of this Deed of Trust, or elect to prosecute such action as
appears necessary to preserve said value, the Grantor will at all times indemnify from, and, on
71270149.20041743-0001$
20150728000367 _006
demand reimburse Beneficiary and Trustee for, any and all loss, damage, expense or cost,
including cost of evidence of title and attorneys' fees, arising out of or incurred in connection
with any such suit, action or proceeding, and any appeal or petition for review thereof, and the
sum of such expenditures shall be secured by this Deed of Trust with interest as provided in the
Note secured hereby and shall be due and payable on demand.
18. Assignments and Tnnsfm. The outstanding balance of the Note and all other
sums then due to Beneficiary by Granter hereunder or under any documents executed in
connection with the Note: may, at Beneficiary's option, be declared immediately due and
payable if any of Grantor's interests in the Property or the improvements thereto, or any part
thereof. are sold or transferred, voluntarily or involuntarily, without Beneficiary's written
consent.
19. Rights and Remedies on Default. Upon the occurrence of any default under
this Deed of Trust and at any time thereafter, Trustee or Beneficiary may exercise any one or
more of the remedies in the Note. Additionally, upon written request of Beneficiary, Trustee
shall sell the Property, in accordance with the Deed of Trust Act of the State of Washington
(RCW Chapter 61.24 as now existing or hereafter amended) and the Uniform Conunercial
Code of the State of Washington where applicable, at public auction to the highest bidder for
cash at such time and at such place as ere statutorily prescribed. Any person except Trustee
may bid at a Trustee's sale. Subject to applicable law, Trustee shall apply the proceeds of the
sale in the following order: (1) to the expense of sale, including a reasonable Trustee's fee and
attorneys' fees; (2) to the obligation secured by this Deed ofTrll3t; (3) the surplus, if any, shall
be distributed in accordance with said Deed of Trust Act. Trustee shall deliver to the purchaser
at the sale its deed, without wammty. which shall convey to the purchaser the interest in the
Property which Orantor had or had the power to convey at the time of Grantor's execution of
this Deed of Trust, and such as Granto, may have acquired thereafter. Trll3tee' s deed shall
recite the facts showing that the sale was conducted in compliance with all the requirements of
law and of this Deed of Trust, which recital shall be prima fade evidence of such compliance
and conclusive evidence thereof in favor of bona fide purchasers and encumbrancers for value.
Beneficiary shall have such other rights and remedies as are available under any statute or at
law or in equity generally, including but not limited to the right to judicially foreclose this
Deed of Trust, to exercise any remedies available under the Uniform Commercial Code, to
recover any advances made by Beneficiary on Grantor's behalf, to obtain the appointment of a
receiver, and to co1lect any rents and proceeds herein assigned. Beneficiary shall have the
right, but not the obligation, and without notice or consent, to pay or perform any obligation of
Granter herein which is not paid or performed by Grantor when due or required, and any sums
so expended and all Beneficiary's costs incurred in connection therewith shall be seemed by
this Deed of Trust, shall be repayable upon demand, and shall bear interest at the Default Rate
specified in the Note from five (5) days after such demand is made to and including the date of
collection. All rights and remedies of Beneficiary herein specified are cumulative and are in
addition to, not in limitation of, any rights and remedies Beneficiary may have at Jaw. No
waiver of any default or failwe or delay to exercise any right or remedy by Beneficiary shall
operate as a waiver of any other default or of the same default in the future or a preclusion of
78270I49.204Ml7.<13-000I~
20150728000357.007
any right or remedy with respect lo the same or any other occurrence. Grantor agrees that any
notices given in connection with the Note or this Deed of Trust or in connection with the
enforcement of any remedy may be sent to the address indicated on the first page hereof.
20. Attorneyl!i' Fees; Co1ts. Grantor agrees to reimburse Beneficiary for all costs,
expenses, and expert witnesses', appraisers' and attorneys' fees that Beneficiary incurs in
COMection with the realization or enforcement of any obligation or remedy contained in the
Note, this Deed of Trust or other related documents, with or without litigation, including
without limitation any costs, expenses, and fees incurred: (a) in any foreclosure, trustee's sale
or deed in lieu of foreclosure or trustee's sale~ (b) in connection with the collection or suit for
collection of any deficiency following a foreclosure or trustee's sale; (c) on appeal; (d) in any
petition for review; (e) in any arbitration or mediation; (f) in any action contesting or seeking
to restrain, enjoin, stay, OT postpone the exercise of any remedy in which Beneficiary prevails;
(g) in any bankruptcy, probate, receivership or other proceeding involving Grantor; and (h) in
connection with all negotiations, docwnentation, and other actions relating to any work.out,
compromise, settlement or satisfaction of the debt secured hereby or settlement of any debt
secured by this Deed of Trust or which is evidenced by the Note or related documents. All
such costs, expenses, and fees shall be due and payable upon demand, shall bear interest from
the date incurred through the date of collection at the Default Rate stated in the Note and,
except for any costs or fees incurred in connection with an action for or the collection of a
deficiency, shall be secured by this Deed of Trust.
21. Acceptance by Trustee. Trustee accepts this Trust when this Deed, duly
executed and acknowledged, is made a public record as provided by law.
22. Successor Trustee. Trustee may resign by an instrument in writing addressed
to Beneficiary, or Trustee may be removed at any time with or without cause by an instrument
in writing executed by Beneficiary and duly recorded.
23. Time of Performance. Time is of the essence hereof in connection with all
obligations of the Grantor herein and in the Note.
[Remainder of this page left blank intentionally]
?8270149,20041743-000I, 6
20150728000367 008
IN WITNESS 'WHEREOF, the persons comprising Gran tor have caused these presents to be
duly executed on the day and year first above written.
STA TE OF WASHINGTON
COUNTY OF KING
GRANTOR:
HENLEY USA LLC,
a Washington limited liability company
By: ~J_J_
Printed Name: VAucs.:,aA t,'"'>oA,:t--,,A"'---'Q.1N
Title: C\.-t\fE oPeA-,en,L)c). of~1cra....
On this J.</~ day of July 2015, before me personally appeared
V,H/eSs;, 11ielim""Yd1~, to me known to be the .t:s:w.._
in HENLEY USA LLC, the Washington limited liability company that executed the within and
foregoing instrument, and acknowledged said instrwnent to be the free and voluntary act end
deed of said company, for the uses and puqx>ses therein mentioned, and on oath stated that (s)he
was authorized to execute the said instrument on behalf of said company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
78270149.:Z004]743-0001.5
EXIIlBIT A
Legal Description of the Propeny
Parcel Number: 619840-0241 and 619840-024 7
Parcel A:
20150728000367.009
The East 185.35 feet of the West Half of Lot 3, Block 2, Northwestern Garden Tracts, Division
number 4, according to the plat thereof, recorded in volume 47 of plats, page 74, in King County,
Washington; Except the West 92.675 feet thereof;
Together with the East Halfoflot 3, Block 2, Northwestern Garden Tracts, Division nwnber 4,
according to the plat thereof, recorded in volume 47 of plats, page 74, in King County,
Washington;
Together with an easement for road purposes over the South IO feet of the West 222.195 feet of
said Lot 3;
And together with an easement for driveway over the East JO feel of Lots I and 3, Block I of
said addition.
Parcel B:
The West Half of Lot 3, Block 2, Northwestern Garden Tracts, Division nwnber 4, according to
the plat thereof, recorded in volume 47 of plats, page 74, in King County, Washington;
Except the West 129.52 feet thereof;
Except the East 92.675 feet thereof;
Together with an easement for road purposes over the South 10 feet of the West 222. J 95 feet of
saidLot3;
And together with an easement for driveway over the East 30 feet of Lots 1 and 3, Block 1 of
said addition.
Parcel Number: 619840-0260
Lot 4, Block 2, Northwestern Garden Tracts, Division No.4, according to the Plat thereof
recoroed in Volume 47 of Plats, Page 74, recoros of King County, Washington.
78l70149.20041743-0001:): A-I
20150728000367.010
Parcel Number: 619840-0280
Lot 5, Block 2, Northwestern Garden Tracts, Division No.4, according to the Plat thereof
recorded in Volume 47 of Plats, Page 74, records of King County, Washington.
78270149.20041143-000JS A-2
{~GO TITLE COMPANY
101 ~!Fill A Vl!NUE, #2300, se.ATIU'., WA 1111104
SECOND CERTIFICATE
PLAT CBllTIPICATE
Certificate for Filing Propmed Plat:
Order No,: 1369795
In the matter of the plat aubmitted for our approval, this Company baa CllUlincd the records of thc
County Auditor and County Clerk of KING County, Waabington, and tho records of the Clerk of the
United States Courts holding terms in &aid County, and from 1uch e,mminatioo. hereby ccrtifics that the title to
the following described land situate in uid KING County, to-wit:
SEE SOIEDULE A (NEXT PAGE)
VESTED IN:
HENLEY USA I.LC, A WASHINGTON LIMITED LIABILITY COMPANY
EXCEPrIONS:
SEE SCHEDUI.E B A'l"I'AClll!D
CHARGE: $350. oo
TAX: $33 .25
Records examined to JUNE 3 0 , 2 015 at 8:00 AM
ODCAGO TITLE COMPANY
"' 'f,,11!:..'7;!;3 ,<,11s f. E,H•6~;),--
TitlcOlli=
(206) 628-5610
,,.......
PARCBL A:
lCAGO 1TI'LE COMPANY
PLAT CERTIFICATE
SCHEDULE A
(CoatiaDcd)
Ll!.GAL DESCRIPTION
Order No,: 1369?95
THE EAST 185. 35 Pl!ET OP THE Wl!ST HALF 011' LOT 3, BLOCK 2, NORTHWBSTBRN GARDBN
TRACTS, DivrSION Nmmi!R 4, ACCORDING TO THI! PLAT THEREOF, RECORDED IN VOLUME 4 7
OP PLATS, PAGE 74, IN ICING COUNTY, WASHDIGTON1
EXCEPT THE WEST 92. 675 FBBT TJIBREOP;
TOGETHER WITH THE BAST HALF OF LOT 3, BLOCK 2, NORTHWESTERN GARDEN TRACTS,
DivrSION NUMBER 4, ACCORDING TO THli PLAT THl!RBOF, RECORDBD IN VOLUME 47 OF PLATS,
PAGI! 74 , IN KING COtlNTl(, WASHINGTON;
BXCEPT THE BAST 300 PBl!T THBRBOF;
TOGETHER WITH AN BASBMBNT FOR ROAD PURPOSES OVl!R THl! SOOTH 10 FEET OF THE WEST
222,195 FEET OF SAID LOT 3;
AND TOGETHER WITH AN BASEMENT FOR DRIVBNAY OVER TIIB BAST 30 FEET OF LOTS l AND 3,
BLOCK 1 OF SAID ADDITION.
PAJI.CBL llh
TII.B WBST HALF OF LOT 3, BLOCK 2, NORTHWESTB!iN GARDEN TRACTS, DIVISION NDMBBR 4,
ACCORDING TO THB PLAT THEREOF, RECORDED IN VOLUMB 47 OF PLATS, PAGE 74, IN KING
COIJNTY, WASHINGTON 1
EXCEPT THB WBST 129,52 FEET THl!l!liOF;
BXCEPT THE EAST 92.675 FEET Tl!EllEOF;
TOGl!THBR WITH AN BASEMENT FOR ROAD PlJRPOSl!S OVER TIii! SOOTH 10 Rl!T OF THI! WEST
222.195 FBET OF SAID LOT 3;
AND TOGETHER WITH AN l!ASIIMl!NT FOR DR:tvl!WAY OVER THE EAST 3 0 FBET OF LOTS l AND 3 ,
BLOCK l OF SAID ADDITION,
PAJI.CBL Ca
LOT 4, BLOCK 2, NORTHWESTERN G1oRDEN TRACTS, DIVISION NUMBER 4, ACCORDING TO THI!
PLAT THBRBOF, RBCORDl!D IN VOLUMB 4 7 OF PLATS, PAGI! 74 , IN ICING COllNTY,
WASHINGTON.
PARCBL D:
LOT 5, BLOCK 2, NORTl!WllSTBRN GARDEN TRACTS, DivrSION NUMBBR 4, ACCORDING TO THE
PLAT THEREOF, RECORDED DJ VOLUME 47 OF PLATS, PAGE 74, IN x:mG COllNTY,
WASHDIGTON.
PIA~
ClUCAGO TITLE COMPANY
PLAT CERTIPICATB
SCHEDULEB
Order No.: 1'.l6!1795
This certificate does not insure againat loss or damage by reason of the foDowing e<eeptions:
GBNJ!RAL EXCEPTIONS:
A. Defect.<, lien&, encumbrances, odYCr1e claims or other matters, if any, crcalcd, first appearing in the public records
or attaching aubaequcnl to the effective date hereof bot prior to the date the proposed insured acquire& for
wlue of record the eatate or inten:&t or mortgage thereon covered by this Commitment.
B. Rights or claims of parties in poolell5ion not shown by the public records.
C. Encroachments, overlap&, boundary liae diaputca, and any other matters which would be disclosed by an
accurate survey and inspection of the premises.
D. Easements or claims of ca.,cmcnta not shown by the public records.
E. Any lien, or right to lien, for contributions to employee benefit funds, or for state worms' compcnsalion. or
for services, labor, or material heretofore or hereafter furnished, aD as imposed by law, and not shown by
the public records.
F. Liens under the Workmen's Compensation Act not shown by the public records.
G. Any service, installation, mnncction, maintenance or coostructioa c:hmp,s for seww, water, clcctric:ity
or garbage remowl.
H. General taxes not now payable; matters relalillg to special assessments ~ special levies, if any, preceding or in
the same becoming a lien.
I. Rcacrvatimu or C>Ceptiom in patents or in Acts authorizing the issuance thereof;
Indian tn'bal codes or regulations, Indian treaty or aboriginal rigbla, including eaaemcma or equitable scmtudcs.
J. Water righla, claim&, or title to water.
K. TlilSREPORTISISSUEDANDACCEPTEDUPONTHEUNDERSTANDINGTHATTHELIABILITY
OF THE COMPANY SHALL NOT BXCEED ONE THOUSAND DOLLARS($1000.00).
~CAGO TITLE COMPANY
PLAT CERTIFICATE
SCHEDULE B
(Continued)
EXCBPTIONS
Order No.: 1369795
A TD l!'OLLOWDtG MAfflD.S AITIIC'l' PUCBLS A, II ARD C 1
• 1. COVEHANTS, CONDITIONS, RESTRICTIONS, EASEMKNTS, NOTBS, DEDICATIONS AND
SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON THE PLAT OF NORTHWESTERN
GIIRDBN TRACTS, DIVISION NUMBER 4 .
c 2. EASBMENT AND THE TERMS AND CONDITIONS THERBOF:
GRANTEE:
PURPOSE:
AREA AFFECTED:
RECORDED:
RECORDING NUMBER:
PUGET SOUND POWBR & LIGHT COMPANY, A
MASSACHDSBTTS CORPORATION
ELECTRIC DISTRIBUTION LINII
AS CONSTRUCTED ON PARCELS A AND B
NOVEMBER 23, 1960
5226399
" 3. EABEMKNT AND THE TBRMS AND CONDITIONS THEREOF:
PURPOSE:
ARBA AFFl!CTED :
RBCORDED:
RECORDING NUMBER:
INGRESS, !!GRESS AND UTILITIES
THE SOUTH 20 FEBT OF PARCEL A
NOVEMBER 20, 1980
8011200192
• 4. EASEMENT PROVISIONS DISCLOSED BY INSTR'UMENT AND THE Tl!RMII AND CONDITIONS
THEREOF:
IN FAVOR OF:
PORPOSE:
AFFECTS:
RECORDBIJ:
RECORDING NUMBER:
PRESENT AND FUTCRE OIINllRS OF ADJOINING
LANDS
ROAD PURPOSES
THE SOUTH 10 l!'EBT OF PARCBL B AND OTHllR
PROPBRTY
JANUARY 16, 1981
Bl0ll6023B
, 5. RIGHT TO JINTER SAID PREMISES TO MAICE REPAIRS, AND THE RIGHT TO COT BRUSH
AND TREES IIHICH CONSTIT!l'I'E A MENACE OR DANGER TO UTILITY LINES LOCATED ON
PROPBRTY ADJOINING SAID PRBMISBS, AS GRANTED BY INSTROMENT RBCOIWKD UNDER
RECORDING NIJMBBR 9111210817.
G AFFECTS: PARCEL B
• 6. AGRBRMIINT AND THE TERMS AND CONDITIONS THBRBOF:
BBTliEEN:
AND:
GllORGB L. SMITH AND MARLYS J. SMITH
ICING COtlllTY WATBR DISTRICT NO. 58
~CAOO TlTI.E COMPANY
RECORDED:
RECORDING llllMBER:
PLAT CBJlTIFICATE
SCHEDULE B
(Continued)
OC'1'0BBR l.i, 1959
5092754
Order No.: 1369795
REWIRDilllG: PBRMJ:T 'l'O COllNBC'l' 'l'O A TEMPORARY WATER
SBRVJ:Cli
z A1'l1l1C'l'S, PARCBL A AND B
i1 7 • ROAD MADITl!llllNCB AGRBBMBNT AND THII TERMS AIID CONDITIONS THIIREOF:
RBCORDED:
RBCORDDIG NOMBBR:
APRIL 25, 1974
7404250236
,: AFFBCTS: PARCEL A, B AND OTHER PROPBRTY
_. 8 • TBRMB AND CONDITIONS, IF ANY, COll1TAINBD IN 1tING COtlNTY llNRBCOllDBD LOT
LDIE AI>JOSTMBNT llllMBER S91L0l19, SAID LOT LINK ADJUSTMBNT MOST BE
stlBMlTTBD FOR REVIBW AND RJICORDATION PRIOR 'l'O CLOSING.
• APFBCTS: PARCBL A
• 9. NOTICE OF ONSITE SEWAGE SYSTBM OPDATION AND MAINTBIIAHCB RBQOIRBMl!NTS,
INCLUDING TIIB TERMS AND PROlll:SIONS 'l'IIBRBOF:
RECORDED:
RBCORDIIIG NtlMIIER:
o AFFBCTS: PARCEL C
DBCBMIIBR 18, 2000
200012181000959
, 10, SOOS CRBIIK lfATBR AND SEWIIR DISTRICT CBRTIFlCATB AND AGRllllMBNT OF FUTURE
CO!INBCTION, INCLUDING THII TOMS AND PROVISIONS TIIEJ!IIOF:
RBCORDIID:
RBCOl!DI!IG NIJMIIBR:
O APl'ECTS z PARCEL C
JANIJIIRY 3, 2001
20010103000336
a 11. SOOS CREBK WATD & SEWER DISTRICT, MRl«lRANDOM OF DBVIILOPBR EXTBNSIOJI
RBIMBDRSBMENT AGREliMBNT, INCLUDING THE T!!RMS AND PROVISIONS THBRIIOI!':
RBCORDBI>z
RBCORDDIG HllMBBII.:
JANIJARY 6, 2009
20090106001236
~CAGO TITLE COMPANY
PLAT CERTIFICATE
SCHEDULE B
(Continued)
• Al'l'ECTS , PARCEL C AND OTHBR PROPERTY
Order No.: 1369795
r 12. SOOS CREBIC WATER & SElll!R DISTRICT, SPECIAL COlilNECTION CHARGE #317,
INCLUDING THE Tl!RMS AND PROVISIONS Tiil!REOF:
RECORDED:
RECORDING NUMBER:
JANUARY 6, 2009
20090106001250
u APl'ECTS: PARClil. C AND OTHER PROPBRTl!"
v 13 • SOOS CRl!EK WATER & Sl!IIER DISTRICT, SPECIAL CONNECTION CIIAl!GE #317,
INCLUDING THE TERMS AND PROVISIONS THEREOF,
RECORDED:
RECORDING NUMBER:
Jmra 18, 2009
2009061800011B
AFFECTS: PARCli:I. C AND OTHO PROPERTl!"
z 14. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DEI.INQUENT IF
FIRST HALF UNPAID ON MAY 1, SECOND HALF DBLIIIQUENT IF UNPAID ON NOVEMBER
1 OF THE TAX YEAR (AMOUNTS DO NOT INCLODE INTEREST AND PENAI.TIES) ,
YEAR:
TAX ACCOUNT NUMBER:
LBVY CODE:
ASSESSED VAI.UE-LAND:
ASSESSED VALIJE•IMPROVEMENTS:
GENtmlll. & SPliCIAJ:. TAXES,
;AFFECTS: PARCl!l. A
2015
619840-0241-00
2128
$105,000.00
$184,000.00
BII.LED: $ 3,757.84
PAID: $1,878.92
UNPAID:$ 1,878.92
r 15 . GENERAL AND SPECIAI. TAXl!S AND CHARGES, PAYABI.E FEBRUARY 15 , DEJ:.INQOBNT IF
FJ:RST HALF OIIIPAID ON MAY 1, SECOND HAl,F DELl:NQOl!NT IF UNPllD ON NOVEMBRR
1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES),
YEAR:
TAX ACCOUNT NUMBER:
LBVY CODE:
ASSESSED VALUE-LAND:
2015
619840-0247-04
2128
$ 20,000.00
"")CAGO fflLE COMPANY
PLAT CBRTIPICATB
SCHEDULE B
(Continued)
ASSJISSRD VALOB•IMPROVBMIIIITS 1
GBIIBRAL & SPECIAL TJIXBS :
$ o.oo
BILLED:$ 269,39
PAID: $ 134. 70
!DIPAID: $ 134.69
J\FP'BCTS: PARCBI, B
Order No.: 1369795
• 16 . G1iNBRAL AND SPBC:UU. TJ\XBS AND CHl\RQIIS, PAYABLB PIIBRt!ARY 15, llllLDIQUllNT II'
FIRST HALF UNPAID ON MAY l, SRCOND HALF Dl!LDIQ!JBIIT IP UNPAID ON NOVliMIIBR
l or TIIB TAX YRAR (AMOUll'l'S DO NOT INCLllDE Dl'l'BRRST AND PBNALTIES l :
YRAR:
TAX ACCOUNT IIIOMBl!R:
LEVY CODE:
ASSRSSll:D VllLUE·LAHD:
ASSRSSll:D VALUE-IMPROVJ!MBNTS:
GBNBRAL & SPRC:UU. TAXES:
AFPBCTS: PARCEL C
2015
619840•0260-06
2128
$ 245,000.00
$ 27,000.00
BILLED: $ 3,538.56
PAID: $1,769.28
lllfPAID: $1,769.28
• •11\\lA TD$ IAffDS ~ PUCIL D1
~
.,J1iWi1.lcOVBIIANT, CONDITIONS, Rl!STIUCTIOIIS, llASBMl!l!ITS, NOTRS, DIIDICATIOIIS AND V'.' 1 ~SR , IP ANY, SBT PORTH DI OR DRLINl!ATRD ON THR PLAT OF NORTHIIRSTl!RN
~ ~~GARDEN S, DIVISION l!IOMBBR 41.
~O ~I ..., 18, !FkVIT Rl!:GAR.DING ACcEBSOltY DIIRLLING UNIT, INCLUDING Till! TIIRMS AND 'Y, PROVISIONS TIIRRBOF:
IIECOIIDED:
RRCORDING IIUMBRR:
MAY 13, 2005
20050513001971
.ur 19. DBCLARATION OF COVl!NANT AND GRANT OF BASBMIINT, DICLUDDIG THB TERMS AND
PROVISIONS 'rl!ERBOP':
RRCORDRD:
RIICORDING IIIOMBl!R:
OC'l'OBRR 12, 2005
200510120024118
\ -~ 20 .\ w CRRBX WATER & SB11RR DJ:BTRICT ,~OF DRVIILOPIIR BXTBNSJ:ON
\
"V'\ i01'~:rrllRSEMKNT AGRUMIINT, INCLUDING THR l\ND PR0VJ:SIONS TIIRRIIOF, ~~r~· .....
""
AFl'l!CTS:
~CAGOTITLE COMPANY
PLAT CER.TIPICATB
SCHEDULE B
(Continued)
20090
INCLUDl!lB OTHER PROPERTY
BOOS CRIIJIIC WATER &. SBWBR DISTIUCT SPBC
INCLUDING TIIB TBRMS AND PROVlSIONS THBRBO
RBCORDED:
RBCORDING NIJMBBR:
.1e AFFBC'l'S, INCLODBS O'l'IIBR PROPBRTY
... 23. GBNERAL AND SPBCIAl. TAXBS .!\ND CIIARGKS, PAYABLE PBIIROARY J.5, DIILINQIJ]INT IF
FIRST HALI' UNPAID ON MAY 1, SECOm> RALF llllLI1IQtlBNT IF UNPAID ON IIOVIDIBBR
1 011 TIIB TAX YBAR (Al«XJNTS DO NOT IlfCLUDB IIITEIUIST AND PBIIAI.TllS) :
YBAR:
TAX ACCOllN'l' NllMIIBR:
LEVY CODJ!:
ASSBSSBD VAL1llii-t.i\ND:
ASSESSED VAL1llii-IMPR0VBMK11TS:
GBIIBRAL & SPBCIAl. TAXBS:
2015
619840-0280-02
2128
$ 2,s,000.00
$465,000.00
BILLBD: $ 9,198.55
PAID: $ 4,599.28
OJIPAID: $4,599.27
a 'l'IIII l'OLLOIIIIIG IIAftD8 Al'HC'l' ALL JIARClllLB t
.u 2<1. 'l'IIII ~ DHCRD>'l'IOX IM" 'l'IIJ:8 Cllll'tinc:&'1'11 I8 BABBIJ OX ~ox
l'II.OVD)III) WJ:TB 'l'D AJIPL%CATI01I" AJID 'l'D IIVIILI:C UCOJU>B. n111 PM'l'IU
UCll?Vnll:I 'l'IIJ:B Cllll'l'InCA'l'II 11118'1' :RO'nrY '1'1111 'l'I'l'LII IllllmAlfCII CClll'Jllff IP 'l'D
DBBCIIIP'l'IOll" 111ml BO'l' COllPOBII 'l'O 'l'Dll ~M'IOIIII.
a, 25, LABOR AHll/OR MATBIUAL LIIIN:
CLlUMBD BY: POGliiT COl!ISTRUCTIOJI SBRVJ:CBS, INC.
l'"'\CAGO TITLE COMPANY
AGAINST:
IN THB AMOUNT OF:
PUT Cl'!R.TIPICATE
SCHEDULE B
(Continued)
IIBSTPAC DBVBLOl?MBNT
$ 2,278.16
WORK COMMENCED OR MATERIAL
DELIVERED, P'BBRt!ARY 6, 2015
MAY 6, 2015
20150506001628
RECORDED:
RECORDING NUMBIIR:
• 2 6 , El\S8Ml!NT AND THE TERMS AND CONDITIONS TIIERl!OF :
GRANT88: POGl!IT SOUND :a:RBRGY
Order No.: 1.369'19S
Pt!RPOSII: ONE OR MORB t!TILITY SYSTEMS
J\RIIA APFBCTBD:
Rl!CORDRD:
RECORDING Nt!MBBR:
JUI NOTE 1:
PORTIONS OF THE LAND AS DESCRIBED IN
SAID INSTR.OMBNT
MAY 14, 2015
20150514000726
MilY MAP l"llRNISHBD WITH THIS CERTIFICATE IS FOR CONVBNIBNCE IN LOCATING
THE LAND INDICATBD HEREIN WITH RBF8R8NCE TO STREBTS AND OTHIIR LAND. NO
LIABILITY IS ASSllMED BY REASON OF RBLIANCB THEREON,
u. NOTE 2:
EFFBCTIVE JANCIARY l, 1997, DOCt!MBNT FORMAT AND CONTBNT REQtJIR8MBNTS HAVE
BBBN IMPOSED BY WASHDIGTON LAW. FAILt!RB TO COMPLY WITH THB FOLLOWING
RBQUIREMBNTS MAY Rl!St!LT IN REJECTION OF THB DOClJMBNT BY THB COUNTY
RECORDER OR IMPOSITION OF A $SO.OD SllRCHARG8.
FOR DETAILS OF THl!SB STATliWIDII RBQUIRBMBNTS PLBAS8 VISIT THE KING COOIITY
RBCORDIIR' S OFFICE WEBSITE AT 111111.:uJIQC01Jlft'Y ,GOV/B1JSIIIBSS/liUICOllDlllt.S.ASPJ:
AND SEL8CT OIILJ:1111 POllMS lUU> DOC:mmMT 8'1'Alll)AJtl)8.
THE POLLOWING MAY BB t!SBD AS AN ABBREVIATED LEGAL DESCRIPTION ON THE
DOCIJMBNTS TO BB RBCORDBD TO COMPLY WITH THE REQt!IRBMBNTS OF RCW 65.04.
SAID ABBREVIATED LEGAL DIISCRIPTION IS NOT A St!BSTITtJTE FOR A COMPLIITE
LIIGAL DESCRIPTION WHICH MllST ALSO APPEAR IN THI! BODY OF THE DOCtlMl!N'T:
PORTIONS OF LOT 3 AND ALL OF LOTS 4 & S, BLOCK 2, VOLUMB 47 OF PLATS,
PAGE 74.
1111D OP BC:BIIDULS B
® CIDCAGO rrr! COMPANY
701 FIFI'H A VENUE, #2300, SEATTIE, WA 98104 PHONE: (206)628-56W
FAX: (206)628-9717
IMPORTANT: This is not a Survey. It is furnished as a conveaicnce to locate the land indicated hereon with
reference to 1treels and other land. No liability is assumed by reason of reliance hereon.
"' .
0
""
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
WAIVER OF SUBMITIAL REQUIREMENTS
FOR LAND USE APPLICATIONS
Planning Division
1055 South Grady Way-Renton, WA 98057
Phone: 425-430-7200 Fax: 425-430-7231
LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED MODIFIED
BY: BY:
Arborist Report •
Architectural Elevations 3 AND• q/_,,, --
Biological Assessment 4 J
Calculations 1
Colored Maps for Display• t)J
Construction Mitigation Description 1AND4 I
Deed of Right-of-Way Dedication 1 I/
Density Worksheet•
Drainage Control Plan 2 (II
Drainage Report, (j\J
V
Elevations, Architectural 3 •ND•
Environmental Checklist• -
Existing Covenants (Recorded Copy) 1AND4 w
V
Existing Easements (Recorded Copy) !AND< _ _. ____
Flood Hazard Data 4
Floor Plans 3 AND4
Geotechnical Report 2 AND 3 -~L...____.__ ______
Grading Elevations & Plan, Conceptual 2
Grading Elevations & Plan, Detailed 2 I
Habitat Data Report 4 ~J
Improvement Deferral 2
V -_ ........... ,d
Irrigation Plan 4 .,v .. ~· ·:,.,.. ::lO J,J.\:>
COMMENTS:
------
.. -
SIG"Z ii ~Ol'l
aaM3:>3H
PROJECT NAME: Bra::>l'..gra~\i ~ l{l:jc
DATE: I I ) 101,s:
H :\CED\Dilta\Forms-Templates\Self-Help Handouts\P1anning\ Waiversubmitta lreqs.docx Rev: 02/2015
WAIVED MODIFIED
--,
i LAND USE PERMIT SUBMl1TAL REQUIREMENTS: BY: BY: COMMENTS: I
' King County Assessor's Map Indicating Site 4 !
Landscape Plan, Conceptual,
Landscape Plan, Detailed, i
Legal Description,
Letter of Understanding of Geological Risk 4
Map of Existing Site Conditions 4 I
Master Application Form 4 !
Monument Cards (one per monument) 1
I I
I I
Neighborhood Detail Map,
: Overall Plat Plan 4 I
Parking, Lot Coverage & Landscaping Analysis 4
I I
1
Plan Reductions (PMTs) 4
I i ;
Post Office Approval 2
Plat Name Reservation 4 ! !
Plat Plan 4 !
Preapplication Meeting Summary 4 I I I 1
Public Works Approval Letter, I I
~ i I
j Rehabilitation Plan, QY 1
i
Screening Detail 4 I
Shoreline Tracking Worksheet 4 I I I I
Site Plan >ANO 4 I I
Stream or Lake Study, Standard 4 I !
Stream or Lake Study, Supplemental, ! I
I
Stream or Lake Mitigation Plan, ! I ~ i
Street Profiles 2 ! ~
Title Report or Plat Certificate 1 AND, I I
Topography Map, i
Traffic Study 2 i '
Tree Cutting/Land Clearing Plan 4 [(I I
Urban Design Regulations Analysis, ,., I
I
Utilities Plan, Generalized 2
I I
Wetlands Mitigation Plan, Final 4 ,n ' I I
Wetlands Mitigation Plan, Preliminary, r
H:\CED\Data\Forms-Templates\Self-Help Handauts\Planning\Waiversubmittalreqs.docx Rev: 02/2015
BY: I BY: COMMENTS: : LAND ~SE PERMIT SUBMITIAL REQUIREMENT~-WAIVED 1-MODIFIEj-
~ands Report/Delmeat,on, ,---~· -I w,re~ __ __ _ : __________ ,-__ --__ -_---_-_-_-_-_-_-_-__ --_----,
~pphcant Agreement Stateme_nt2 A--''-' _____ 0 _______ _
I Inventory of Existing Sites 2 AND,
Lease Agreement, Draft lANo3
__ Map of_ Existing Site Conditions, AND 3
~ _of View Area , AND,
Photosimulations LAND,
This Requirement may be waived by:
1. Property Services
2 Development Engineering Plan Review
3 Building
4 Planning
H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Waiversubmittalreqs.docx Rev: 02/2015
~--'llooi' ... " ---
DENSITY
WORKSHEET
I .~, '
CITY OF RENTON
PLANNING DIVISION
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. 215.462 square feet
2. Deductions: Certain areas are excluded from density calculations.
These include:
Public streets•• 28,999 square feet
Private access easements•• 4 813 square feet
Critical Areas• 0 square feet
Total excluded area: 2. 33,812 square feet
3. Subtract line 2 from line 1 for net area: 3. 181 650 square feet
4. Divide line 3 by 43,560 for net acreage: 4. 4.17 acres
5. Number of dwelling units or lots planned: 5. 17 units/lots
6. Divide line 5 by line 4 for net density: 6. 4.07 = dwelling units/acre
*Critical Areas are defined as "Areas determined by the City to be not suitable for
development and which are subject to the City's Critical Areas Regulations
including very high landslide areas, protected slopes, wetlands or floodways."
Critical areas buffers are not deducted/excluded.
** Alleys (public or private) do not have to be excluded.
\\Esm8\engr\ESM-JOBS\1670\003\013\document\density.doc -I -03/08
CONSULTING ENGINEERS LLC
REcf11,.,,
November 10, 2015 NOV I I ~oti No. 1670-004-013
C17y 0 ,_
Ms. Jan Illian
P(AN~•; .. ,.. '
City of Renton Planning and Development
1005 South Grady Way
Renton, WA 98057
RE: Brookgrove (fonnerty Rylee's Place) Anal Plat Application
LUA13-001455,R-376201
Dear Jan:
We are submitting to the City of Renton an application for Final Plat for the Brookgrove
Plat This letter will serve as the Confirmation of Compliance with all Conditions of Plat
Approval. The project went to a Hearing Examiner for review on January 7, 2014. The
conditions below are from the Hearing Examiner's Decision dated January 22, 2014 and
include conditions associated with the Determination of Non-Significance Mitigated dated
December 12, 2013.
For simplicity, I have copied the original condition in italics and our actions to meet the
condition in bold.
Conditions from the Hearing Examiner's Decision dated January 22, 2014:
1. The applicant shall comply wfth mitigation measures issued as palt of the
Mitigated Determination of Non-Significance for the proposal.
ESMFederalWay
33400 8th Ave S, S~ 205
Federal Way, WA 98003
253.B38.6113tel
800.345.S6'4 tall free
253,83U104fax
The mitigation measure from the Environmental Review Committee
are as follows:
1) The recommendations in the geotechnical report, "Geotechnical
Engineering Study, Eagleston, 18851 120th Avenue Southeast,
Renton Washington,• by Earth Solutions NW (ESNW), dated
September 10, 2013, shall be followed prior to, during, and
following construction.
All construction plans have been prepared to the
specifications of thei Geotechnlcal Repon prepared by Earth
Solutions NW, dated September 10, 2013. All site
development and earthwork have been performed to the
specifications of the Geotechnlcal Report
BM Everett
1010SE Everett Mall~. Ste 210
Ev.erett,WA98208
425.297.99Q0tel
800.345.5694 tall free
425.297.99(]1fa:t
( '~I ~"'binc·,'ffnf
LM1dSu1¥eyrg
:lll l tiSC' ':,: 'n,'1f G ~
J/V".'Wl"'rrlClv,ILVll'
Ms. Jan Illian
November 1 0, 201 5
Page 2
2. All proposed street names shall be approved by the City.
The street name of ''SE 1891h Place" for the proposed street was
submitted to the City of Renton and approved during construction
plans review.
3. All lot comers at intersections of dedicated public rights-of-way, except
alleys, shall have minimum radius offifteen feet (151.
All lot comers at intersections of dedicated public right-of-way,
except alleys, have a minimum radius of flfteen feet (15'). Please refer
to Sheet 5 of 5 of the final plat plan.
4. Side sewer lines shall be installed eight feet (BJ into each lot if sanitary
sewer mains are available, or provided with the subdivision development
Side sewers have been Installed at a minimum of 8' into each lot as
required. The sewer plans were reviewed and approved by the Soos
Creek Water and Sewer District prior to construction commencing on
the site.
5. All utilities designed to serve the subdivision shall be placed
underground. Any utilities installed in the parking strip shall be placed in
such a manner and depth to permit the planting of trees. Those utilities to
be located beneath paved surfaces shall be installed, including all service
connections, as approved by the Department of Public Works. Such
installation shall be completed and approved prior to the application of
any surface material. Easements may be required for the maintenance
and operation of utilities as specified by the Department of Public Works.
All utilities serving the plat have been Installed underground at a
depth that Is sufficient for planting of trees. These installations were
completed prior to paving. Easements have been provided to the City
and other providers as required.
6. Any cable TV conduits shall be undergrounded at the same time as other
basic utilities are installed to serve each lot Conduit for service
connections shall be laid to each lot line by APPiicant as to obviate the
necessity for disturbing the street area, including sidewalks, or alley
improvements when such service connections are extended to serve any
building. The cost of trenching, conduit, pedestals and/or vaults and
laterals as well as easements therefore required to bring service to the
development shall be borne by the developer and/or land owner. The
applicant shall be responsible only for conduit to serve his development
Conduit ends shall be elbowed to final ground elevation and capped. The
cable TV company shall provide maps and specifications to the applicant
and shall inspect the conduit and certify to the City that it is properly
installed.
Ms. Jan Illian
November 10, 2015
Page3
Cable TV Conduits have been Installed as required per this condition.
All Inspections have been completed and certified.
7. The applicant shall install all street name signs necessary in the
subdivision prior to final plat approval
All necessary street name signs have been Installed In the
subdivision.
8. The applicant shall install all su,vey monuments required by RMC 4-7-
21 O(A) prior to final plat approval.
All survey monuments have been Installed.
9. The applicant shall obtain a demolition permit and all required
inspections for the removal of the existing single family residence on
proposed Tract "A' prior to Final Plat recording.
The single family home on proposed Tract "A" has been removed.
Additionally the single family home located on lots 4 and 5 has been
removed. Both single family residences were demolished In the
spring of 2014 after obtaining the necessary demolltlon permits.
10. The existing structures to remain on Lot 5 shall not exceed the maximum
allowed building coverage, or buildings may be subject to removal prior
to recording the plat. The applicant shall demonstrate compliance with lot
coverage requirements for Lot 5 prior to final plat approval.
The existing structure that was located on Lot 5 was removed as part
of the site development process. All lots conform to the lot coverage
requirements of the zone.
11. The applicant shall be required to submit a revised landscape plan,
depicting a 1 0-foot wide on-site landscape strip for all lots. The final
detailed landscape shall be submitted to and approved by the Current
Planning Project Manager prior to Final Plat recording.
A revised landscape plan depicting the 10-foot wide on-site
landscape strip for all lots was prepared and submitted during the
site development phase of the project The landscape plan was
approved by the Current Planning Project Manager and all landscape
has been Installed per the approved plan. The final landscape plans
are Included with this submittal.
12. The preliminary plat map shall be revised to provide for correct front yard
setbacks for Lots 4 and 6 as detailed at p. 7 of the staff report
I
Ms. Jan Illian
November 10, 2015
Page 4
Lots 4 and 6 have been reconfigured and have the proper front yard
setbacks as required by code. All lots within the plat confonn to the
current setback requirements of the zone.
We feel that the applicant has complied w~h the cond~ions as set forth by the Hearing
Examiner and the Environmental Review Committee. Based on the completion of the site
development and necessary improvements along with any performance guarantees that
may be required, we request that you approve the final plat for recording. Should you
have any questions, or require additional information please contact me directly. We look
forward to working with you.
Sincerely,
ESM CONSULllNG ENGINEERS, LLC
Enclosures
cc: Stephannie Karfsson
\\esmBlengr\esm·jobs\ 1670\0031013\office\final plat\confirmation of oompliance.OOc
WASHINGTON FORESTRY CONSULTANTS, INC.
FORESTRY AND VEGETATION MANAGEMENT SPECIALISTS
360/943-1723
FAX 360/943-4128
-Tree Damage Appraisal-
RYLEE'S PLACE TRESPASS APPRAISAL
18851 120th Ave. SE
Renton, WA
Prepared for: Stephanie Karlsson
Henley USA
Prepared by: Washington Forestry Consultants, Inc.
Date of Field Evaluation: July 3, 2015
Date of Report: August 18, 2015
Introduction
W F C I
1919 Yelm Hwy SE, Suite C
Olympia, WA 98501
We were contacted by Stephanie Karlsson of Henley USA and asked to complete an
assessment and appraisal of trees cut along the north property line of the new R ylee's
Place subdivision.
Scope of Services
The purpose of the assessment was to appraise the value of trees that were cut along with
the cost of clean-up and stump removal.
Observations
Legal Description
The Rylee's Place development is located in a portion of the SW 1/4 of the SW 1/4 of
Section 33, Township 23 North, Range 5 East, King County, Renton, Washington.
Site and Soils Description
Rylee's Place is a newly developing subdivision of quality homes. The Leyland cypress
( Cupressus x leylandii) trees that were cut provided screening from an older off-site
residence and outbuildings.
URBAN/RURAL FORESTRY • TREE APPRAISAL • HAZARD TREE ANALYSIS
RIGHT-OF-WAYS• VEGETATION MANAGEMENT• ENVIRONMENTAL STUDIES• CONTRACT FORESTERS
Member of International Society of Arborlcutture and Society of American Foresters
Page 2 --Rylee's Place Trespass -Tree Damage Appraisal 8/18/2015
According to the King County Soil Survey the soil type in the area of the trespass is the
Alderwood gravelly sandy loam. This is a moderately deep, moderately well drained soil
found on glacial till plains. It is formed in ablation till overlying basal till. A weakly
cemented hardpan is at a depth of 20 to 40 inches. Permeability is moderately rapid
above the hardpan and very slow in the pan. Available water capacity is low. The
effective rooting depth for trees is 20-40 inches. A perched seasonal high water table is
at a depth of 18-36 inches from November to March. New trees require irrigation for
establishment.
The Alderwood soil type is suitable for normal growth of Leyland cypress.
Property Lines and Corners
The north property line was clearly delineated by a chain-link fence. Lathe surveyor's
stakes had been pulled and thrown into the downed trees.
Area of Tree Cutting
The tree cutting occurred within just south of the property line, south of the neighbor's
house. The 5 subject trees were planted Leyland cypress landscape trees. They provided
a visual and sound buffer between the new lots and the future homes and the older home
and outbuildings to the north.
Assessment Methodology
A I 00% inventory of the cut trees was conducted in the trespass area to determine the
species, size, and quality of the subject trees. The diameters of the cut stumps were
measured to determine their diameter at breast height (DBH) to appraise their value along
with the tree condition, site, and location rating parameters. The stumps were numbered
with orange tree marking paint.
To determine the condition of the cut trees and their location ratings, the stumps, growth
rings, crown position, foliage, and tree size was considered. The tree DBH was
projected from the stump diameter measurements. Low branching prevented direct
measurement of the DBH at 4.5 ft. above the ground line.
Valuation of Damaged Trees
The subject trees were required 'save' trees on the project in order to comply with the
City of Renton tree ordinance (Chapter 4-4). Therefore it is my opinion that the trees that
were cut are landscape trees and not held for timber production.
The appropriate method of appraisal of the tree damage is the 'Trunk Formula Method'
described in the International Society of Arboriculture's Guide for Plant Appraisal (9th
Edition -2000). The 'Trunk Formula Method' is used to appraise the monetary value of
trees considered too large to be replaced with nursery or field grown stock.
Washington Forestry Consultants, Inc.
Page 3 --Rylee's Place Trespass -Tree Damage Appraisal 8/18/2015
The Trunk Formula Method utilizes the value of the largest commonly available
transplantable sized tree (3 inch caliper conifer and 3 inch caliper deciduous tree) to
determine the cost to replant a new tree, plus adds the increment of value between the
size of the damaged tree and the transplantable sized tree.
The replacement cost of $57 /square inch for conifers, and $72/square inch for deciduous
trees, is the cost of the tree, shipping, planting, and maintenance for 3 years of the
commonly available transplantable sized tree. This price was determined by the Pacific
Northwest Chapter of the International Society of Arboriculture (PNWISA). The species
ratings were taken from the list published by the PNWISA. A basic price for each tree is
established, and then adjusted for each species and tree condition, and also for the
location factors of site, contribution, and placement.
The I 00% inventory found that 5 trees had been cut on the Rylee's Place property. All
cut trees were Leyland cypress and ranged in size from 12.9 to 19.6 inches DBH. The
following table provides a summary of the cut tree species, size and value.
Table I. Summary of the species, size, and numbers of cut.
APPRAISED LANDSCAPE
# SPECIES DBH (in) %LOSS VALUE
I Leyland Cypress 15.2 100% $2,705
2 Leyland Cvnress 12.9 100% $2,010
3 Levland Cvnress 19.6 100% $3,624
4 Leyland Cypress 14.7 100% $2,544
5 Levland Cvnress 14.7 100% $2,120
Total $13,003
The landscape value of the 5 trees was determined to be $13,003. A list of the individual
trees by species, size, and value along with the detailed calculations is provided in
Appendix III.
Tree Clean-up
The cut trees and all of the debris need to be removed from the area, and the stumps
should be ground.
A 3-man tree crew with a dump and chipper can be used to clean-up the downed trees. It
is projected that it will take 6 hours at $200 per hour to clean up the trees and stem wood
and haul it from the site. The cost to dispose of the debris at the King County Transfer
Station is projected to be $56. The cost to grind the 5 stumps and remove the grindings is
projected to be $175/stump.
Washington Forestry Consultants, Inc.
Page 4 --Rylee's Place Trespass -Tree Damage Appraisal
The following is a summary of the clean-up costs:
3-Man Tree Crew with
Dump and chipper
Stump Grinding
Debris Disposal Cost
Inspection -Consulting
Forester plus mileage
Subtotal
6 hrs. @ $200/hour
5 stumps@ $175/stump
$56/ton for 1 ton
4 hours@ $125/hour
Sales tax on all except consulting forester fees
Total Cost of Clean-up
Tree Replanting
8/18/2015
1,200
875
56
1,080
$3,211
~
$3,403
The tree replanting costs are included within the appraised landscape values for the 5 cut
trees.
Conclusions
Certification of Appraiser
Washington Forestry Consultants does hereby certify that: We were retained by
Stephanie Karlsson of Henley USA to appraise the damage to 5 trees that were cut near
the north property line of the Rylee's Place project in Renton, WA.
We have no present or prospective interest in said property. We have personally
examined the property. The fee for this appraisal is not based upon the amount reported.
To the best of our knowledge and belief, the statements and opinions here are correct,
subject to any limiting conditions herein set forth.
By reason of our investigation and by virtue of our professional experience, we have been
able to form an opinion of the value of the 5 trees cut on the Rylee's Place property.
Landscape Value of 5 Trees (100% Loss)
Tree Clean-up Costs
Appraisal Cost
Total Damages
Washington Forestry Consultants, Inc.
$13,003
3,403
~
$ 17,266
Page 5 --Rylee's Place Trespass -Tree Damage Appraisal 8/18/2015
Summary
Five Leyland cypress trees were cut along the northerly property line at the Rylee's Place
subdivision. These trees were required save trees for the project to comply with the
Chapter 4.4 of the Renton municipal code.
The 'Trunk Formula Method' of appraisal was used to value damages to the 5 trees All
five trees were considered to be a total loss. The costs for clean-up and stump grinding of
the downed trees were projected based on my experience in the area.
The total appraised damage includes the landscape value of the damaged trees, the cost to
remove tree debris from the site, the cost to grind 5 stumps and remove grindings, and the
cost of the damage appraisal and report. The total damages to the Rylee's Place property
were determined to be $17,266.
All work is confidential to client only. Please give me a call if you have further
questions.
Respectfully submitted,
Galen M. Wright, ACF, ASCA
ISA Bd. Certified Master Arborist PN-129BU
Certified Forester No. 44
ISA Tree Risk Assessor Qualified
attachments: appendices
Washington Forestry Consultants, Inc.
Page 6 --Rylee's Place Trespass -Tree Damage Appraisal
APPENDIX I
Rylee's Place Property
(Pierce County Pub li cGIS)
Wa shington Fo resr,y Co nsultunts , inc.
8/18/2015
Page 7 --Ry lee's Place Trespass -Tree Damage Appraisal
A PP EN DI X II
R ylee's Pl ace Si t e Map with Locati ons of C ut Trees
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Washington Forestry Consultants, In c.
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8/18/2015
Page 8 --Rylee 's Place Trespass -Tree Damage Appraisal
APPENDIX III
Tree Species, Size, and A ppra ised Va lu e with Trunk Formula Calcul at io ns
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Wa s hing ton Forestly Co11sulta11ts. In c.
8/18/2015
Page 9 --Rylee's Place Trespass -Tree Damage Appraisal
APPENDIX IV
Photo Log (WFCI 7/3/15)
Photo A. View of downed trees from south to north.
Photo B. View of tree #1.
Wa shington Fore.wy Consultants. inc.
8/18/2015
Page IO --Rylee's Place Trespass -Tree Damage Appraisal 8/18/2015
Photo C. View of stump and butt of tree #3.
Photo D. View of sta ndi ng, comparable trees to the southeast of the subject trees.
Note: Excellent screen ing that was lost by the removal of these trees.
Washing ton Fores h y Cons ultants, inc.
Page 11 --Rylee's Place Trespass -Tree Damage Appraisal
APPENDIXV
Glossary of Forestry and
Arboricultural Terminology
8/18/2015
DBH: Diameter at Breast Height (measured 4.5 ft. above the grouod line on the high side
of the tree).
Crown: Portion of a trees stem covered by live foliage.
Crown Position: Position of the crown with respect to other trees in the stand.
Dominant Crown Position: Receives light from above and from the sides.
Codominant Crown Position: Receives light from above and some from the sides.
Intermediate Crown Position: Receives little light from above and none from the sides.
Trees tend to be slender with poor live crown ratios.
Suppressed Crown Position: Receives no light from above and none from the sides.
Trees tend to be slender with poor live crown ratios.
Live Crown Ratio: Ratio of live foliage on the stem of the tree. Example: A 100' tall
tree with 40 feet of live crown would have a 40% live crown ratio. Conifers with
less than 30% live crown ratio are generally not considered to be long-term trees
in forestry.
Root Protection Zone/Critical Root Zone: A radius from the trees stem of I foot for
each I inch ofDBH uoless otherwise determined by WFCI. For example, a 7
inch DBH tree would have a critical root zone radius of 7 feet.
Washington Forestry Consultants, Inc.
Page 12 --Rylee's Place Trespass -Tree Damage Appraisal 8/18/2015
Condition Class Descriptions:
CONDITION CLASS CHARACTERISTICS
Excellent Single stem; Normal foliage color; No branch dieback;
No apparent insect or disease problems; No other
apparent problems;
Very Good Single stem; Normal foliage color; No branch dieback or
only a few minor branches died back; No apparent insect
or disease problems; No other apparent problems, or they
are minor and do not impact the long-term survival of the
tree;
Good Single stem; Normal foliage color; Minor branch dieback;
Minor problems such as crown unbalanced; Minor foliage
problems; Expected to be a long-term tree;
Fair Single stem or double stem that is not expected to fail
soon; Crown may be slightly thinned due to exposure or
reduced vigor; Minor branch dieback and 1 or 2 major
branches died back; Minor insect or disease problems;
Tree expected to survive;
Poor Single or Multiple stem tree; Thinning crown; Foliage
color yellowed; Inadequate live crown ratio; Major and
minor branch dieback; Not a long-term tree or quality tree
for development;
Very Poor Single or Multiple stem tree; Severe thinning crown;
Yellow foliage; Major branch dieback; Expected to die
within 5 vears or so;
Hazard Tree Dead, dying, diseased, defective; Would be hazardous to
new development or if other targets are placed within
reach of tree;
Washington Forestry Consultants, Inc.
Page 13 --Rylee's Place Trespass -Tree Damage Appraisal 8/18/2015
APPENDIX VI
Assumptions and Limiting Conditions
1) Any legal description provided to the Washington Forestry Consultants, Inc. is assumed to be
correct. Any titles and ownership's to any property are assumed to be good and marketable. No
responsibility is assumed for matters legal in character. Any and all property is appraised or
evaluated as though free and clear, under responsible ownership and competent management.
2) It is assumed that any property is not in violation of any applicable codes, ordinances, statutes, or
other governmental regulations, unless otherwise stated.
3) Care has been taken to obtain all inforrnation from reliable sources. All data has been verified
insofar as possible; however, Washington Forestry Consultants, Inc. can neither guarantee nor be
responsible for the accuracy of information.
4) Washington Forestry Consultants, Inc. shall not be required to give testimony or to attend court by
reason of this report unless subsequent contractual arrangements are made, including payment of an
additional fee for such services as described in the fee schedule and contract of engagement.
5) Loss or alteration of any part of this report invalidated the entire report.
6) Possession of this report or a copy thereof does not imply right of publication or use for any purpose
by any other than the person to whom it is addressed, without the prior expressed written or verbal
consent of Washington Forestry Consultants, Inc ..
7) Neither all or any part of the contents of this report, nor copy thereof, shall be conveyed by anyone,
including the client, to the public through advertising, public relations, news, sales or other media,
without the prior expressed written or verbal consent of Washington Forestry Consultants, Inc. --
particularly as to value conclusions, identity of Washington Forestry Consultants, Inc., or any
reference to any professional society or to any initialed designation conferred upon Washington
Forestry Consultants, Inc. as stated in its qualifications.
8) This report and any values expressed herein represent the opinion of Washington Forestry
Consultants, Inc., and the fee is in no way contingent upon the reporting of a specified value, a
stipulated result, the occurrence neither of a subsequent event, nor upon any finding in to reported.
9) Sketches, diagrams, graphs, and photographs in this report, being intended as visual aids, are not
necessarily to scale and should not be construed as engineering or architectural reports or surveys.
10) Unless expressed otherwise: 1) information contained in this report covers only those items that were
examined and reflects the condition of those items at the time of inspection; and 2) the inspection is
limited to visual examination of accessible items without dissection, excavation, probing, or coring.
There is no warranty or guarantee, expressed of implied, that problems or deficiencies of the tree or
other plant or property in question may not arise in the future.
Note: Even healthy trees can fail under normal or storm conditions. The only way to eliminate all risk
is to remove all trees within reach of all targets. Annual monitoring by an ISA Certified Arborist or
Certified Forester will reduce the potential of tree failures. It is impossible to predict with certainty that a
tree will stand or fail, or the timing of the failure. It is considered an 'Act of God' when a tree fails,
unless it is directly felled or pushed over by man's actions.
Washington Forestry Consultants, Inc.
PLANNING DIVISION
RECEIVED
Nov 11 2(!/S
('ll'V --... _
ENVIRONMENTAL CHECKLIST
PURPOSE OF CHECKLIST:
City of Renton Planning Division
1055 South Grady Way-Renton, WA 98057
Phone: 425-430-7200 Fax: 425-430-7231
The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental
agencies to consider the environmental impacts of a proposal before making decisions. An
Environmental Impact Statement (EIS) must be prepared for all proposals with probable
significant adverse Impacts on the quality of the environment. The purpose of this checklist is
to provide information to help you and the agency Identify impacts from your proposal (and to
reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide
whether an EIS Is required.
INSTRUCTIONS FOR APPLICANTS:
This environmental checklist asks you to describe some basic Information about your proposal.
Governmental agencies use this checklist to determine whether the environmental Impacts of
your proposal are significant, requiring preparation of an EIS. Answer the questions briefly,
with the most precise information known, or give the best description you can.
You must answer each question accurately and carefully, to the best of your knowledge. In
most cases, you should be able to answer the questions from your own observations or project
plans without the need to hire experts. If you really do not know the answer, or if a question
does not apply to your proposal, write "do not know" or "does not apply". Complete answers
to the questions now may avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark
designations. Answer these questions if you can. If you have problems, the governmental
agencies can assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a
period of time or on different parcels of land. Attach any additional information that will help
describe your proposal or Its environmental effects. The agency to which you submit this
checklist may ask you to explain your answers or provide additional Information reasonably
related to determining If there may be significant adverse impact.
USE OF CHECKLIST FOR NONPROJECT PROPOSALS:
Complete this checklist for nonproject proposals, even though questions may be answered
"does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT
ACTIONS (part D).
For nonproject actions {actions involving decisions on policies, plans and programs), the
references in the checklist to the words "project," "applicant," and "property or site" should be
read as "proposal," "proposer," and "affected geographic area," respectively.
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A. BACKGROUND
1. Name of proposed project, if applicable:
Rylee's Place Preliminary Plat
2. Name of applicant:
WestPac Development,LLC
3. Address and phone number of applicant and contact person:
Applicant:
Terry Defoor, WestPac Development, LLC
7449 West Mercer Way
Mercer Island, WA 9B040
(206) 619-2992
4. Date checklist prepared:
October 8, 2013
5. Agency requesting checklist:
City of Renton
6. Proposed timing or schedule (including phasing, if applicable):
It is anticipated that the project will take approximately 4 months to obtain approval for the
preliminary plat. Upon approval, construction will begin In the summer of 2014 and be
completed in a single phase. After final plat approval construction of homes will likely begin
in 2015.
7. Do you have any plans for future additions, expansion, or further activity related to or
connected with this proposal? If yes, explain.
None at this time.
8. List any environmental information you know about that has been prepared, or will be
prepared, directly related to this proposal.
Geotechnical Engineering Report-Earth Solutions NW, LLC prepared September 10, 2013.
Preliminary Storm Drainage Report -ESM Consulting Engineers prepared Sept 9, 2013.
9. Do you know whether applications are pending for governmental approvals of other
proposals directly affecting the property covered by your proposal? If yes, explain.
None are known at this time.
10. List any governmental approvals or permits that will tie needed for your proposal, if
known.
Preliminary Plat Approval, SEPA Approval, Clearing and Grading Permit, Site
Development/Road and Storm Drainage Approval, Final Plat, Building Permits.
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11. Give brief, complete description of your proposal, including the proposed uses and the
size of the project and site.
The proposal Is to subdivide 4 parcels made up of 4.95 acres into 17 lots for single family
ho!:';l,es. The site is located In the City of Renton at 18851 and 19003 1201h Ave SE, and 18842
1181 SE. The property Is zoned R-4 and currently has 3 existing homes, one accessory
dwelling unit and several detached garages or out buildings. One of the existing homes and a
detached garage will be removed as part of this proposal and all other structures are to
remain. The minimum average lot size proposed will be approximately 8,000 SF. All utilities
will be extended through the site to serve the homes. These Include water, sewer, powefll
natural gas, and telephone. Access to the site will be provided via a new road off of 120
Ave SE. The proposed right of way will be 47 feet wide and provide a cul-de-sac on the
western portion of the site. All stormwater will be collected and conveyed to a storm
detention pond on the east boundary of the property where it will be treated for water
quality and released to match the existing drainage patterns.
12. Location of the proposal. Give sufficient information for a person to understand the
precise location of your proposed project, including a street address, if any, and section,
township, and range if known. If a proposal would occur over a range of area, provide
the range or boundaries of the site(s). Provide a legal description, site plan, vicinity
map, and topographic map, if reasonably available. While you should submit any plans
required by the agency, you are not required to duplicate maps or detailed plans
submitted with any permit applications related to this checklist.
The subject property is located in the City of Renton In King County. It can be found in the
SW l' of thS, SW l' Section 33, Township 23 North, Range 5 East W.M. The site is on the west
side of 1201 Ave SE approximately 62S feet north of the intersection with SE 192nd Street. It
has approximately 300 linear feet of frontage along 1201
• Ave SE. Please refer to the
Assessors Map, Site Plans, and Vicinity Map on the site plans.
8. ENVIRONMENTAL ELEMENTS
1. EARTH
a. General description of the site (circle one~ hilly, steep slopes,
mountainous, other .
The site slopes gently to the south and west with some undulations. Please see the
existing conditions drawing submitted with the preliminary plat.
b. What is the steepest slope on the site (approximate percent slope?)
The steepest slope of the property Is approximately 1-2%.
c. What general types of soils are found on the site (for example, clay, sand, gravel,
peat, muck)? If you know the classification of agricultural soils, specify them and
note any prime farmland.
The geologic map of the area Identifies glacial till (Qvt) deposits throughout the site
and surrounding area. Based on the results of the subsurface investigation, the native
soils observed at the test pit locations are generally consistent with the glacial tiff.
d. Are there surface indications or history of unstable soils in the immediate
vicinity? If so, describe.
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There are no sur1ace indications or history of unstable soils on or in the immediate
vicinity of the project.
e. Describe the purpose, type, and approximate quantities of any filling or grading
proposed. Indicate source of fill.
The purpose of proposed grading/filling will be to accommodate the home pads and
access road. Final filling or grading quantities will be prepared as part of the clearing
and grading permit. However, it is anticipated that filling/grading will be
approximately as follows: Stripping= 3,500 CV, Cut= S,760 CY, FIii = 9,850 CY.
f. Could erosion occur as a result of clearing, construction, or use? If so, generally
describe.
Some erosion could occur on-site as a result of construction activities; however,
temporary erosion and sedimentation control measures to be approved by the City of
Renton will be employed during construction to reduce erosion impacts.
g. About what percent of the site will be covered with impervious surfaces after
project construction (for example, asphalt or buildings)?
The site will not exceed the maximum Impervious surface coverage as allowed by the
Renton Municipal Code, The final Impervious surface area proposed will be
determined during final engineering. Currently It Is estimated that approximately
55% of the site wlli be covered In Impervious surfaces.
h. Proposed measures to reduce or control erosion, or other impacts to the earth,
if any:
During construction, the contractor wlll follow an approved temporary erosion and
sedimentation control plan meeting City of Renton standards. Typical measures,
which may be employed, Include the use of silt fences, straw bales, and temporary
storm drainage features, Hydroseeding exposed soils and cleared areas after
construction will also reduce the potential for erosion.
2. AIR
a. What types of emissions to the air would result from the proposal (i.e., dust,
automobile, odors, industrial wood smoke) during construction and when the
project is completed? If any, generally describe and give approximate quantities
if known.
Some heavy machinery exhaust and dust particulates generated prlmarlly by
construction equipment will be produced during the construction phase of this
project. The amount of emissions to the air wlll be minimal and will occur during the
actual construction of the development. After construction any emissions would be
that of a typical residential development.
b. Are there any off-site sources of emission or odor that may affect your
proposal? If so, generally describe.
None known.
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c. Proposed measures to reduce or control emissions or other impacts to air, if
any:
All construction equipment will be In proper working order and regulated for
emissions by the manufacturer and local emission laws. Vehicles entering and leaving
the site will also be regulated for emissions by state and local emission laws. During
construction the site will be watered as necessary to keep any dust from Impacting
surrounding air quality.
3. WATER
a. Surface Water:
1) Is there any surface water body on or in the immediate vicinity of the site
(including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)?
If yes, describe type and provide names. If appropriate, state what stream or
river it flows into.
No surface water bodies are on or in the immediate vicinity of the project.
2) Will the project require any work over, in, or adjacent to (within 200 feet) the
described waters? If yes, please describe and attach available plans.
Not applicable.
3) Estimate the amount of fill and dredge material that would be placed in or
removed from surface water or wetlands and indicate the area of the site that
would be affected. Indicate the source of fill material.
Not applicable.
4) Will the proposal require surface water withdrawals or diversions? Give general
description, purpose, and approximate quantities if known.
No the proposal will not require surface water withdrawals or diversions.
5) Does the proposal lie within a 100-year flood plain? If so, note location on the
site plan.
No.
6) Does the proposal involve any discharges of waste materials to surface waters?
If so, describe the type of waste and anticipated volume of discharge.
No.
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b. Ground Water:
1) Will ground water be withdrawn, or will water be discharged to ground water?
Give general description, purpose, and approximate quantities if known.
No ground water wlll be withdrawn nor will water be discharged to ground water.
2) Describe waste material that will be discharged into the ground from septic
tanks or other sources, if any (for example: Domestic sewage; industrial,
containing the following chemicals ... ; agricultural; etc.). Describe the general
size of the system, the number of such systems, the number of houses to be
served (if applicable), or the number of animals or humans the system(s) are
expected to serve.
Not applicable. No on-site septic or treatment Is proposed.
c. Water Runoff {Including storm water):
1) Describe 'the source of runoff (including storm water) and method of collection
and disposal, if any (include quantities, if known). Where will this water flow?
WIii this water flow Into other waters, If so, describe.
On-site stormwater runoff will prlmarlly be generated from rooftops, driveways, and
the proposed road. Stormwater will be collected, routed through required storm
water quality treatment facllltles and discharged to an existing conveyance system to
the south. The proposal includes the use of a large water quality and detention pond
where the water will be treated, detained, and released at pre-developed rates.
Please see the Preliminary Utility Plan and Downstream Analysis.
2) Could waste material enter ground or surface waters? If so, generally describe.
No waste materials are anticipated to enter ground or surface waters. The proposed
site stormwater drainage design wlll ensure that all water pollution generating
Impervious surfaces will be treated In water quality facilities prior to Its release. Best
Management Practices will be used throughout the construction of the proposal to
ensure protection of ground water quality.
d. Proposed measures to reduce or control surface, ground, and runoff water
impacts, if any:
The storm water runoff wlll be collected and conveyed to the existing detention pond
In conformance with the City of Renton standards. Please see the Preliminary Storm
Drainage Report and Preliminary Utility Plan prepared by ESM Consulting Engineers.
4. PLANTS
a. Check or circle types of vegetation found on the site:
_x_ deciduous tree: alder, maple, aspen, other
_X_ evergreen tree: fir, cedar, pine, other
X shrubs =x-grass
__ pasture
__ crop or grain
__ wet soil plants: cattail, buttercup, bull rush, skunk cabbage, other
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oe/D9
__ water plants: water lily, eel grass, milfoil, other
__ other types of vegetation
b. What kind and amount of vegetation will be removed or altered?
A majority of the site wlll be cleared of vegetation for the construction of the access
road and building pads. A Preliminary Tree Protection and Replacement Plan has
been prepared by ESM Consulting Engineers to address this Issue. There are 142
mixed variety trees on the site. Of those trees 48 are proposed to be retained and 22
new trees will be planted along the streets. All trees that are going to be retained will
be fenced and signed "to be retained" during the construction process.
c. List threatened or endangered species known to be on or near the site.
None present.
d. Proposed landscaping, use of native plants, or other measures to preserve or
enhance vegetation on the site, if any:
Street trees will be planted at regular Intervals along the proposed road within the
plat and along the frontage. Some vegetation retention easements will be provided
to allow the retention of some existing trees. Additional trees may be provided on
Individual lots as necessary.
5. ANIMALS
a. Circle any birds and animals, which have been observed on or near the site or
are known to be on or near the site:
b. List any threatened or endangered species known to be on or near the site.
None known.
c. Is the site part of a migration route? If so, explain
This entire region Is known to be part of the Pacific Flyway. The PacHlc Flyway
Includes Alaska and the Aleutian Islands and the Rocky Mountain and Pacific coast
regions of Canada, the United States and Mexico, south to where it becomes blended
with other flyways In Central and South America. However, the site Is not known to
be used by migratory fowl.
d. Proposed measures to preserve or enhance wildlife, if any:
Installation of native landscaping will provide coverage and habitat for urban tolerant
wlldllfe.
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6. ENERGY AND NATURAL RESOURCES
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to
meet the completed project's energy needs? Describe whether it will be used
for heating, manufacturing, etc.
Electrical energy will be the primary source of power serving the needs of the project
and natural gas will be made available for the purpose of heating and other needs
associated with the residential development.
b. Would your project affect the potential use of solar energy by adjacent
properties? If so, generally describe.
No.
c. What kinds of energy conservation features are included in the plans of this
proposal? List other proposed measures to reduce or control energy impacts, if
any:
The homes that will be constructed as a result of this project will meet or exceed the
applicable energy conservation consumption requirements of the City of Renton and
the Uniform Building Code In effect at the time of construction.
7. ENVIRONMENTAL HEALTH
a. Are there any environmental health hazards, including exposure to toxic
chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur
as a result of this proposal? If so, describe.
No.
1) Describe special emergency services that might be required.
None anticipated.
2) Proposed measures to reduce or control environmental health hazards, if any:
State regulations regarding safety and the handling of hazardous materials will be
followed durln1 the construction process. Equipment refuelln1 areas would be
located in areas where a spill could be quickly contained and where the risk of
hazardous materials entering surface water is minimized.
b. Noise
1} What types of noise exist in the area which may affect your project (for
example: traffic, equipment, operation, other}?
The primary noise source near the project site is from vehicular traffic on 1201h Ave
SE. The traffic noise along this roadway is not project related or generated, and is not
anticipated to greatly affect the proposed project.
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2) What types and levels of noise would be created by or associated with the
project on a short-term or a long-term basis (for example: traffic, construction,
operation, other)? Indicate what hours noise would come from the site.
Short-term Impacts would result from the use of construction equipment during site
development. Construction would occur during permitted construction hours and
always in compliance with the City of Renton noise regulations. Long-term impacts
would be those associated with the increase in vehicular traffic from future home
owners and typical resldentlal noise.
3) Proposed measures to reduce or control noise impacts, if any:
Construction activity will be limited to permitted construction hours and construction
equipment will not be allowed to idle for continuous periods of time, which will help
to mitigate the impacts of potential construction noise.
8. LAND AND SHORELINE USE
a. What is the current use of the site and adjacent properties?
The current uses of the site and adjacent properties are as follows:
SITE: 3 Single Family Homes
NORTH: Single Family Residential
SOUTH: Single Family Residential, Bob Singh Plat
EAST: Single Family Residential
WEST: Single Family Residential, Jessie Glen
b. Has the site been used for agriculture? If so, describe.
No.
c. Describe any structures on the site.
On parcel 619840-0280 there is a large single family home that was built in 2006. It is
a high quality home In excellent condition and is approximately 3,000 SF. There is
also an accessory dwelling unit on this parcel that was built in 1949 and is in good
condition. The ADU Is approximately 1,000 SF.
On parcel 619840-0260 there Is a double wide manufactured home that is in good
condition. The home is approximately 1,500 SF. There is also a detached garage that
is in average condition and is approximately 800 SF.
On parcel number 619840-0241 there is a single family home that was built in 1959.
The home is in average condition and Is approximately 1,300 SF. There is also a
detached garage that Is In low average condition and is approximately 1,100 SF.
d. Will any structures be demolished? If so, what?
All structure on parcel number 619840-0260 will be removed. The remaining
structures will not be removed and will be incorporated into the plat.
e. What is the current zoning classification of the site?
R-4 (Residential Single-Family}
-9-
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06/09
f. What is the current comprehensive plan designation of the site?
Residential Low Density
g. If applicable, what is the current shoreline master program designation of the
site?
Not Applicable.
h. Has any part of the site been classified as an "environmentally sensitive" area?
If so, specify.
No part of the site has been classlfled as "environmentally sensitive".
i. Approximately how many people would reside or work in the completed
project?
Using the multiplier of 2.54 people per dwelling unit; approximately 43 people with
reside in this plat upon completion.
j. Approximately how many people would the completed project displace?
It Is estimated that approximately 2.5 people will be displaced.
k. Proposed measures to avoid or reduce displacement impacts, if any:
None proposed. The owners of the home will be selling their property and will move
of their own free wlll.
I. Proposed measures to ensure the proposal is compatible with existing and
projected land uses and plans, if any:
The project will be developed in accordance with applicable City of Renton
development and land use codes to ensure the project is consistent with the goals
and policies of the Comprehensive Plan and applicable Development Regulations in
effect at the time of the Preliminary Plat application.
9. HOUSING
a. Approximately how many units would be provided, if any? Indicate whether
high, middle, or low-income housing.
15 new units will be provided and they will be of mid to high income housing. 2 units
will be retained for a total of 17 lots and homes.
b. Approximately how many units, if any, would be eliminated? Indicate whether
high, middle, or low-Income housing.
2 middle income homes will be eliminated.
-10-06109
\'esm8\engr\ESM-J0BS\ 1670\003\013\dooument\envohlst.doc
c. Proposed measures to reduce or control housing impacts, if any:
None proposed.
10. AESTHETICS
a. What is the tallest height of any proposed structure(s), not including antennas;
what is the principal eKterior building material(s) proposed.
The maximum building height will be 30' as prescribed in the Renton Municlpal Code.
b. What views in the immediate vicinity would be altered or obstructed?
None.
c. Proposed measures to reduce or control aesthetic impacts, if any:
A full landscape plan has been submitted with this proposal. The landscape proposed
should help to mitigate visual impacts. All homes will be subject to City of Renton
Design Standards for aesthetic appeal.
11. LIGHT AND GLARE
a. What type of light or glare will the proposal produce? What time of day would it
mainly occur?
Light and glare produced from this project will be typical of a residential development
in an urban environment. Light and glare from the site would primarily consist of
street llghtlng, security lighting for each home, and vehicle headlights entering and
leaving the property.
b. Could light or glare from the finished project be a safety hazard or interfere with
views?
No.
c. What existing off-site sources of light or glare may affect your proposal?
None.
d. Proposed measures to reduce or control light and glare impacts, if any:
Providing the required setbacks of the proposed homes from the property lines and
installation of landscaping will help to alleviate some of the light and glare created by
the new development from the adjacent properties and roadways. The proposed
project and subsequent lighting is consistent with the land use regulations and
compatible to the existing adjacent land uses.
-11· 06/09
\'8sm8'8ngr\ESM-J0EIS\ 1 e70\D03\013\document\envelllst.doc
12. RECREATION
a. What designated and informal recreational opportunities are in the immediate
vicinity?
There are no designated or informal recreation opportunities on the site but here are
several parks in the relatively near vicinity. Namely Boulevard Lane Park is to the east
approximately ~ mile.
b. Would the proposed project displace any existing recreational uses? If so,
describe.
No.
c. Proposed measures to reduce or control impacts on recreation, including
recreation opportunities to be provided by the project or applicant, if any:
None proposed. The size and scope of this project are very limited and will not
require on-site recreation space be provided. Parks and services in the near
vicinity will provide
13. HISTORIC AND CULTURAL PRESERVATION
a. Are there any places or objects listed on, or proposed for, national state, or local
preservation registers known to be on or next to the site? If so, generally
describe.
None known.
b. Generally describe any landmarks or evidence of historic, archaeological,
scientific, or cultural importance known to be on or next to the site.
Not applicable.
c. Proposed measures to reduce or control impacts, if any:
None proposed.
14. TRANSPORTATION
a. Identify public streets and highways serving the site, and describe proposed
access to the existing street system. Show on site plans, if any.
The proposed road to serve this plat wlll take access from 1201h Ave SE. Please see site
plan for details.
b. Is site currently served by public transit? If not, what is the approximate
distance to the nearest transit stop?
No the site Is not served by public transit.
-12-06/09
\\esm8\engr\ESM.J0BS\1670\003\013\documenl\envchlst.doc
c. How many parking spaces would the completed project have? How many would
the project eliminate?
The new project will provide a minimum of 2 parking spaces per unit and will be
ellmlnatlng approximately 2 spaces. Total net parking to be added Is approximately
30 spaces.
d. Will the proposal require any new roads or streets, or improvements to existing
roads or streets, not including driveways? If so, generally describe (indicate
whether public or private?
The proposal Includes the construction of a new road to serve this plat. The new right-
of-way will be 47 feet wide. The road enters westward onto the sight then bends
slightly and terminates in a cul-de-sac. Please see the Preliminary Road and Utility
Plan.
e. Will the project use (or occur in the immediate vicinity of) water, rail, or air
transportation? If so, generally describe.
No.
f. How many vehicular trips per day would be generated by the completed
project? If known, indicate when peak volumes would occur.
It is anticipated that when the project is completed there will be approximately 170
ADTs. As there are 3 existing homes already on the property then the total net
increase will be 140 ADT.
g. Proposed measures to reduce or control transportation Impacts, if any:
No special measures are proposed. The applicant will pay all traffic impact fees as
required by the City of Renton at the time of building permit.
15. PUBLIC SERVICES
a. Would the project result in an increased need for public services (for example:
fire protection, police protection, health care, schools, other)? If so, generally
describe.
The plat would result In an Increased need for public services to include fire
protection, police protection, health care, and schools. The additional need would be
commensurate with the addition of 30 homes to the service areas for the listed
services.
b. Proposed measures to reduce or control direct impacts on public services, if any.
This Increase In demand will be offset by fees, levies, and taxes required to be paid by
the applicant as part of this development and future home owners. Also the proposal
has been designed In a manner that will provide adequate access for fire, medic, and
police vehicles.
16. UTILITIES
a. Circle utilities currently available at the site: electricity, natural gas, water,
refuse service, telephone, sanitary sewer, septic system, other.
-13-06/09
\\esm8'8ngr\ESM-.JOBS\ 1870\003\013\docurnent\envehlst.doc
b. Describe the utilities that are proposed for the project, the utility providing the
service, and the general construction activities on the site or in the immediate
vicinity which might be needed.
C. SIGNATURE
I, the undersigned, declare under penalty of perjury under the laws of the State of
Washington that to the best of my knowledge the above information is true, correct,
and complete. It is understood that the lead agency may withdraw any declaration of
non-significance that it might issue in reliance upon this checklist should there be any
willful misrepresentation or willful lack of full disclosure on my part.
Proponent Signature: ~----------'=-,,
Name Printed: -"f,'-"v"',..,.,::.;..-','\,'\c.:...:,;M!i,:....,=.... _______ _
Date:
-14-06/09
\\esm8\engr\ESM-JOBS\1670\003\D13\document\envchlet.doc
Denis Law
Mayor
December 12, 2013
Evan Mann
ESM Consulting Engineers
33400 8th Ave S
_F_ederal Way; WA98003
Department of Community and Economic Development
t.e.·thip•vincent,Admlnlstrator
SUBJECT: ENVIRONMEf,ITAL THliESHOLD !SEPAi DETERMiNATION
Rylee's Place Preliminary Plat, LUA13-0014SS; ECF, PP
Dear Mr. Ma_nn:
This letter is written on behalf of the Environmental Review Committee (ERC) to advise you that
they have completed their review of the _subject project and have issued a threshold .
Determination of Non-Significance -Mitigated (DNS-M). Please-refer to the enclosed ERC Report
and Decision for. more details.
Appeals of the en\llronmental determination must be filed In writing tin or before 5:00 p.m. on
Dec
0
ei11ber 27, 20i3, together with the required fee with:·Hearlng Examiner, City of Renwiv
1055 :South Grady way, Renton; WA 98057. Appeals to.the El(aminer are governed by RMC 4'8-
110 and more information regarding the appeal process may be obtained from the Renton City
Clerk's _Office, (425) 43C--6510. ··
A Public Hearing will be held by the Rento~ l:learlng Examiner.In the Council Chambers on the ~
seventh_ floor _of City Hall, 1055 South Grady Way, Renton, Washington,_ on Janua_ry 7. 2014 at
1:00PM; to i:onsider the Preliminary Pl.it. The applicant or representatlve(si of th_e applicant is
required to· be present at the public hearing. A copy of the staff report will be mail!:!d to you
prior to the hearing. If the Environmentai Determination is appealed, the appeal will"be heard.
as part ofthis ·public hearing. · ·
If yc;>u have any questions or desire clarlflcatlon of the above, please call_ me at (425) 430-6581.
For the Environmental Review· Committee,
Elizabeth.Higgins
Senior Planner
Enclosure
cc: Randy Eagleson, Greg Zerrianek, Joyce Eagleson/ Owner
Peter O'Kane /-Applicant
ReatonCltyHall • 1055SouthGradyWoy • Rentori,Washingtonll8057, rentonwa.gov
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
ENVIRONMENTAL COMMITTEE REVIEW REPORT
ERC MEETING OATE:
Project Name:
Project Number:
Project Manager:
Owners:
Applicant:
Contact:
Project Location:
Project Summary:
Site Area:
December 9, 2013
Rylee's Place Preliminary Plat
LUA13-001455; ECF, PP
Elizabeth Higgins, Senior Planner
Randolph Eagleson, P.O. Box 4156, Renton WA 98057; Greg Zemanek, 19003-
120th Ave SE, Renton WA 98058; Joyce Eagleson, 18842-118th Ave SE, Renton
WA98058
Peter O'Kane, 7449 West Mercer Way, Mercer Island WA 98040
Evan Mann, ESM Consulting Engineers, 33400 -8th Ave S, Federal Way 98003
18842 -118"' Ave SE; 18851-1201h Ave SE; 19003 -120'h Ave SE in Renton
98058
The project proponent has submitted an application for a Preliminary Plat
subdivision, which requires an environmental review by the City of Renton
Environmental Review Committee. If approved, the project would result in the
subdivision of a 4.95 acre property, located in the Benson planning area ofthe
City, into 17 Jots suitable for single-family residential use. In addition, Tract 'A'
would be dedicated for storm drainage control. The property has the
Comprehensive Plan designation of Residential Low Density (RLD) and is
correspondingly zoned Residential 4 (R-4). Although some structures would be
removed, the site currently has 3 residential structures that would remain.
There are no known critical areas on the proposed project site.
215,445 sf
(4.95 acres)
Buildings to remain:
Bui/dings to be demolished
4
3
City of Renton Department of CCmmu . & Economic Development
RYLEE'S Pl.ACE PREUMINARY Pl.AT
En mental Review committee Report
LUA13-00145S; ECF, PP
Report of December 9, 2013
I PART ONE: PROJECT DESCRIPTION / BACKGROUND
A. EXHIBITS:
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibits:
Exhibit 6:
Exhibit 7:
Exhibit 8:
Exhibit 9:
Exhibit 10:
Exhibit 11:
Environmental Review Committee Report and Decision
Vicinity Map
Benson Hill Planning Area
Zoning Map
Preliminary Plat Aerial Photograph
Geotechnical Report (full report available in the project file)
Test Pit ID cation Plan
Wetland Reconnaissance Report (full report available in the project file)
Technical Information Report
Existing Conditions
Tree Cutting/ Land Clearing Plan
Page2of6
B. GENERAL INFORMATION:
1. Owner(s) of Record: Randolph Eagleson, P.O. Box 4156, Renton WA
98057; Greg Ze~anek, 19003-120"' Ave SE,
Renton WA 98058; Joyce Eagleson, 18842-118th
Ave SE, Renton WA 98058
2. Comprehensive Plan Land Use Designation: Residential Low Density (RLD)
3. Zoning Designation: Residential 4 {R-4)
4. Existing Site Use: Low Density Residential
5. Neighborhood Characteristics:
a. North:
b. East:
C. South:
d. West:
6. Access:
7. Site Area:
Residerti~! dew~!opment (R-'1 mne!
Residential development (R-4 zone)
Resldential development (R-4 zone)
Residential development (R-4 zone)
120th Ave SE
215,445 sf (4.95 acres)
C. HISTORICAL/BACKGROUND:
Action
Comprehensive Plan
Zoning
Annexation
ERC Report 13-001455
Land Use File No.
N/A
N/A
N/A
Ordinance No.
5100
5100
5327
Date
11/01/04
11/01/04
3/01/08
Qty of Renton Deportment of Commu
RYLEE'S PIACE PREUMINARY PIAT
Report of December 9,.2013
D. PROJECT DESCRIPTION:
t Econam;c Development En ,ental Review Committee Report
LUAJ.3--001465; ECF, PP
Page3of6
The project proponent has requested approval of a subdivision of 4.95 acres of land into 17 lots, that
would subsequently be developed for single-family residential use. The site currently consists of four
tax parcels. Due to the size of the project, review by the Environmental Review Committee is required
prior to consideration of the land division.
The property is located in southeast Renton (Exhibit 2) within the Benson Planning Area (Exhibit 3) and
is designated Residential Low Density (RLD) on the Comprehensive Plan Land Use map: Goals,
objectives, and pollcles of this designation are implemented by the regulations and standards of the
Residential 4 zones (Exhibit 4). The proposed density of the project would be 4.01 dwelling units per
net acre.
The land, located between SE 188th St and SE 192"d St, fronts on 120111 Ave SE, which would provide
access to the new subdivision (Exhibit 5).
At least one parcel has had residential developm·ent since 1949, with other residential structures
added in 1959 and 2006. The areas around these structures have residential landscaping. The west half
of the southernmost parcel, however, is not currently developed and has the appearance of a non-
maintained mixed deciduous-evergreen forest.
Although vegetation that could be indicative of wetlands was Identified on the site, there were no
jurisdictional wetlands found. There were no other potential environmentally-hazardous areas located
on or near the property.
I PART TWO: ENVIRONMENTAL REVIEW
In compliance with RCW 43.21C.240, the following State Environmental Policy Act (SEPA) -compliant
environmental review addresses only those project impacts that are not adequately addressed under
existing Renton Municipal Code development standards and environmental regulations.
A. ENVIRONMENTAL THRESHOLD RECOMMENDATION
Based on analysis of probable impacts from the proposal, staff recommends that the Responsible
Officials:
Issue a DNS-M with a 14-day Appeal Period.
B. MITIGATION MEASURES
1. The recommendations in the geotechnlcal report, •Geotechnical Engineering Study, Eagleston,
188Sl 120th Avenue Southeast, Renton Washington," by Earth Solutions NW (ESNW), dated
September 10, 2013, shall be followed prior to, during, and following construction.
C. ENVIRONMENTAL IMPACTS
The Proposal was circulated and reviewed by various CTty Departments and Divisions and appropriate
state agencies to determine whether the applicant has adequately identified and addressed
environmental impacts anticipated to occur In conjunction with the proposed development. Staff ond
state reviewers have Identified that the proposal is likely to hove the following probable impacts:
ERC Report ~1455
City of Renton Department of Community & E"conomic Development
RYLE"E.'S PLACE" PRWMINARY PLAT
Report of December 9, 2013
1. Earth
Environmental Review Committee Report
LI/AU-0014SS; ECF, PP
Page4 of6
Impacts: The site has level to rolling topography with a grade differential of approximately 3 to 4 feet
across the site (1 to 2 percent slopes). The highest elevation is about 512 feet.
A geotechnical report, "Geotechnical Engineering Study, Eagleston, 18851120th Avenue Southeast,
Renton Washington/ by Earth Solutions NW (ESNW), dated September 10, 2013, was submitted with
the land use application materials (Exhibit 6). The subsurface Investigation was based on material
sampled from five test pits (Exhibit 7).
The test pits revealed, generally, that topsoil was present to a depth of approximately 2 to 4 inches. At
test pits 1, 2, 3, and 5 fill was found to a depth of about 3 to 3-1/2 feet. The fill was primarily loose to
medium dense silty sand with varying amounts of gravel. Isolated pockets of forest topsoil were
encountered atTP-1 at a depth of about 2-1/2 feet below grade.
Native soil underlying the topsoil and fill consisted of dense to very dense silty sand with gravel,
generally associated with weathered and unweathered glacial deposits. Soil relative density appeared
to increase with depth. Dense conditions were encountered at depths up to three-1/2 feet below
existing grades.
It Is anticipated that 3,500 cubic yards (CY) would be stripped and reused on site. There would be
approximately 5,760 CY of cut material and 9,850 CY of fill.
In the opinion of the geotechnical engineer, residential development of the site is feasible from a
geotechnical standpoint. ESNW recommendations regarding site preparation, grading, excavation, and
slab-on-grade construction should be followed during site and building construction. Therefore, staff
recommends that the mitigation measures found in the report, "Geotechnical Engineering Study,
Eagleston, 18851120th Avenue Southeast, Renton Washington,» by Earth Solutions NW (ESNW), dated
September 10, 2013, be made conditions of approval.
Mitigation Measures: The recommendations In the geotechnlcal report, "Geotechnical Engineering
Study, Eagleston, 18851120th Avenue Southeast, Renton Washington,» by Earth Solutions NW
{£SN\,,../}, dated S.\:;p(~·,n!.u~•' :ifi. 2Vi3; s.haH be foUov·.;ed prior to, during: and fo!!O'-"··!ng construction.
Nexus: State Environmental Policy Act (SEPA) Environmental Review; RMC 4-3-050 Critical Areas
Regulations; RMC 4-4-060 Grading, Excavation, and Mining Regulations.
2. Water
Impacts: No seepage from groundwater was observed at the 5 test pit locations. Perched groundwater
seepage, however, should be expected when excavation occurs on the site due to observed soil
conditions. ESNW, in their report (see above), made recommendations to control such groundwater
should it be encountered during construction.
A report, "Wetland Reconnaissance Report for the Eagleston/Zemanek Project Area in the City of
Renton,• by The Watershed Company, dated September 30, 2013, was submitted with the project
application (Exhibit 8). The investigation of the property found evidence of wetland vegetation along
the boundary of the south parcel.
In spite of wetland vegetation and indications of Inundation with surface water during the previous
year, there were no hydric soils found on the site. Therefore, the area does not (at the present time)
meet jurisdictional wetland criteria.
ERC Report 13-001455
Oty of Renton Department of Community & Economic Development
RYLEE'S PtACE PRELJMINARY PIAT
Report of December 9, 2013
Mitigation Measures: None required
Nexus:N/A
3. Stormwater
Environmental Review Committee Report
WAJ3.«114S5; ECF, PP
Page Sof6
Impacts: On-site stormwater runoff would be generated from rooftops, driveways and other
residential paved areas, and roads. Stormwater would be collected, routed through required water
quality treatment facilities, and discharged to an existing conveyance system to the south.
The project proponent intends to construct a water quality and detention pond on the site for the
treatment, detention, and release at pre-development rates would occur.
A drainage report, "Rylee's Place Technical Information Report, October 2, 2013, by ESM Consulting
Engineers, LLC, was submitted with the land use application (Exhibit 9). This report indicates that
treated stormwater, discharged from the southern portion of the site, would be conveyed to a
proposed system in 120"' Ave SE and ultimately flow east to Big Soos Creek.
The proposed project is subject to full drainage review per the City of Renton 2009 Surface Water
Design Manual Amendments and the 2009 King County Surface Water Design Manual.
Mitigation Measures: None required
Nexus: N/A
4. Plants
Impacts: There are approximately 142 trees deemed to be "significant' (over 6 inches in diameter) on
the site {Exhibit 10). Of these, none have been determined to be dead, diseased, or dangerous.
Nineteen can be excluded from retention requirements (16 to be removed from proposed roads and 3
from private street easements and tracts). The tree retention formula, as per RMC 4-4-130H, for the R-
4 zone, requires that 37 trees must be retained. The project proposal indicates that 48 trees would be
retained (Exhibit 11). Therefore, no replacement trees are required, although landscaping
requirements would require new trees to be planted as per RMC 4-4-070. A detailed landscape plan
must be submitted prior to issuance of the street and utility construction permits.
Tree protection measures shall be required as per RMC 4-4-130H8 and 9.
Mitigation Measures: None required
Nexus:N/A
D. Comments of Reviewing Departments
The proposal has been circulated to City department and division reviewers. Where applicable, their
comments have been incorporated into the text of this report •
./ Copies of all review comments are contained in the official file and may be attached to this
report.
The Environmental Determination decision will become final if the decision is not appealed within the
14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680).
ERC Report 13-001455
Oty of Renton Department of Community & Economic Development
RYLEE'S PIACE PREUM/NARY PIAT
Report of December 9, 2013
Environmental Review Committee Report
LUAJ3-U0l45S; ECF, PP
Page6 of6
Environmental Determination Appeal Process: Appeals of the environmental determination must be
filed in writing together with the required fee to: Hearing Examiner; City of Renton; 1055 South Grady
Way; Renton, WA 98057, on or before 5:00 pm on Friday, December 27, 2013. RMC 4-8-110 governs
appeals to the Hearing Examiner and additional information regarding the appeal process may be
obtained from the City Clerk's Office, Renton City Hall -1"' floor, (425)430-6510.
ERC Report 13-001455
I
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EXHIBIT 2
Benson Hill Planning Area
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City and County Labels
City and County Boundary
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. -. }\ GEOTECHNICAL ENGINEERING STUDY -
"~' 18851 -120T~~t:~~~~OUTHEAST ·:t. RENTON, WASfti~VE . ~-. } .
i, ES-2971 OCT 1 7 2Ql3
EXHIBIT 6
PREPARED FOR
WESTPAC DEVELOPMENT, LLC
Septernber10,2013
~-
Kyle R. Campbell, P.E.
Principal
GEOTECHNICAL ENGINEERING STUDY
EAGLESTON
18851120111 AVENUE SOUTHEAST
RENTON, WASHINGTON
ES-2971
Earth Solutions NW, LLC
1805-13611, Pl. Northeast, Suite 201
Bellevue, Washington 98005
Ph: 425-449-4704 Fax: 425-449-4711
Toll Free: 866-336-8710
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LEGEND
TP-~-Approximate Location·of
ESNW Test Pit, Proj. No.
ES-2971, Aug. 2013
---1 0 50 100 200 I 1 Subject Site
L---1"=100' -... LJ L.J Scale In Feet
3 Proposed Loi Number
'•
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NOTE: Toe graphlca BhoM! on this plate ara not Intended for design •.. . i
purposes or precise scale 01"SUJemen1s, but only to Hlu-the . : _·.
approximate test locations relative to the epproxlmaJe localiona al
existi,g and I or propcad sle lealu1B8. Toe inlmmation illustrated
is l,rgely based on data provided by the clont a1 the line of our Test Pit Location Plan
study. ~ cannot be IBBponslble for subsequent deolgn diangao
or lnterpietallon of the data byoth8!ll. ,
NOTE: Tois plate may contail aJeaS of oolor. ESNW cannot be DIWl1. G LS
1B8ponsl>le for any subsequent misinteqntelion of the ioonnation EXHIBIT 7
resulting flom black & white repn,duclions of this plate, Checked sew I
Date:
To:
From:
September 30, 2013
Peter O'Kane
Mike Foster
Project Number:
Project Name: Renton Eagleston/Zemanek
Subject: Wetland Reconnaissance Report for the
Eagleston/Zemanek project area in the City of Renton
Introduction
On Thw:sday, July 18, 2013, Watershed Company Bmlogist,. Mike Fosier, visited
the four subject par<Els to screen for jurisdictional wetlands and streams. The tax
identification numbers of the four subject parcels, all located in the City of
Renton, are 619840-0247, -0241, -0260, and -0280.
Methods
Publk-domain information on the subject property was reviewed for this study.
These sources include USDA Natural Resources Conservation Service Soil maps,
US. Fish and Wildlife Service National Wetland"Jnventory maps, Washington
Deparbnent of Fish and Wildlife interactive mapping programs (PHS on the Web
and SalmonScape}, King County's GIS mapping website (iMAP), and the City of
Renton Municipal Code Wetland Map (Figure 4-3-050Q5).
The study area was evaluated for wetlands using methodology from the &giorull
Supp/anent to tM Corps af Engineers Wetland Ddinmtion Manlllll: Westmi
.1. .. f.r..:1'it£i..ttr;,. Vd1P""y..: w'id Q;.:1.s+ Jvf!=}n v~~·· .. :.-inr. ')_!'l ~,µ~Jn,--i.:.t1 ~ •• ~p1r, .. ;-i.~·nf""i n1c;. .ti.T't"',·,;=-
Corps of Engineers [Corps] May 2010). The wetland boundaries were
determined on the basis of an examination of vegetation, soils, and hydrology.
Areas meeting the criteria set forth in the Regional Supplement were determined
lo be wetland. Soil, vegetation. and hydrologic parameters were sampled at
several locations on the subject property lo make the determinatio,i. Data points
on-site are mar~ with yellow-and black-striped flags. We recorded~;th.EIVED
two of these locations. \...,
OCT 172013 Findings
The site is generally situated on a topographic plateau with only very WF RENTON
variations in elevation. Four OIHite houses and one auxiliary structure are ING DIVISICN
SUITOUnded by landscaped lawn. shrubs and a few deciduous and evergreen
trees. The west half of the south parcel {number-0280) varies from the rest of the
750 Sheth 5,,_ South I Klrldand, WA 98031
p425.Bl2.5242 1/425.827.8136; wamnhedco.com EXHIBITS
The Watershed Company
Wetland Reconnaissance Report
September 30, 2013
Page2
subject area as it is a non-maintained forest charaeteriz.ed mostly by mature big
leaf maple (Aar macruphyllum, FACTJ), red alder (Alnus rulmz, FAQ, Scouler's
willow (Salix smuleriarul, FAC) and some Douglas fir trees. The understory
vegetation is mostly Himalayan blackberry (Rubus imnmiacus, FActJ),
salmonbeny (Rubus spect,,1,iJis, FAC), vine maple (Am-circinatum, FAC), red
elderberry (Sambucus racemosa, FACTJ), and sword fem (Po!ystichum munitum,
FACTJ). Most of the vegetation found in the subject area is typical of non-
wetland areas:
An area along the south parcel boundary contains some wetland vegetation.
Douglas' spirea (Spirlll!4 duuglasii, FACW), water birch (Betula occidentalis,
FACW), and black cottonwood (Pupulus b//Js11mifm, FAC) saplings dominate this
small area. Some soft rush Gunr:us effusus, FACW) is growing in the understory.
The present'!! of algal mats, water stained leaves, and water marks on stems· and
trunks are indicators that the area had been inundated with surface water
sometime in the last year. However, the bright color of the rooting zone soil
matrix ( dark yellowish brown (lOYR 4/4)) along the south parcel boundary
shows the inundation has not occurred £or long enough during the growing
season for wetland soils to develop (see DP-2). Despite the presence of wetland
plants and indicators of wetland hydrology, the area does not currently meet
jurisdictional wetland criteria.
The water marks on-Bite appear to be oonsistent with an area of surface water
(and possible former wetland conditions) noted on the neighboring parcel to the
south on recent historical aerial photography. The off-site parcel is rurrently
being developed under a building pennit, so the conditions observed are no
lo~er present.
No jurisdictional wetland or stream features are located within the subject area.
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_ RYLEE'S PLACE
Technical lnfonnation Report
Octaber Z, 201:1
Prepared for
WestPac Development. LLC
7449 West Mercer Way
Mercer Island, WA 98040
(206) 999-8874
EXHI8IT9
Submitted by
ESM Consulting Engineers. LLC
33400 8"' Avenue S. Suite 205
Federal Way. WA 98003
253.838.6113 tel
253.838.7104 fax
www.esmcivil.com
RECEIVED
OCT 17 2013
CITY OF RENTON
PLANNING DIVISION
'1:
October 2, 2013
Approved By;
.l'.D
City of Renton
,.J
TECHNICAL INFORMATION REPORT . FOR
RVLEE'S Pl.ACE
Prepared for:
WeslPac DeveJopment, 11.C
7449 West Mercer Way
Mercer Island, WA 98040
PreJ)8l9d by:
ESM Consulting Engineers
33400 s"' Avenue s, Suite 205
Federal Way, WA 98003
Job No. 1670-003-013
Dale
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EXHIBIT 11
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RECEIVED
CITY OF RENTON --'i "_,,_,..,_,," <...e."'"' PLANNtNG·l,lVISlOtiL
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WHEN RECORDED, RETURN TO:
Cairncross & Hempelmann, P.S.
524 Second Ave., Suite 500
Seattle, Washington 98104
Attn: Matt B. Hanna
Document Title
Reference Number of Related Document
Grantor
Grantee
Abbreviated Legal Description
Tax Parcel Numbers
{02943439.DOC;I )
Declaration of Covenants, Conditions, and
Restrictions for Brookgrove
NIA
Henley USA LLC, a Washington limited liability
company
Brookgrove Homeowners Association, a
Washington nonprofit corporation
Portion of Lots 3, 4, and 5 of Northwestern Garden
Tracts, Division Number 4, according to the Plat
thereof, recorded in Volume 47 of Plats, Page 74,
in King County, Washington
6198400247, 6198400241, 6198400260,
6198400280
-1-
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR BROOK GROVE
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
BROOKGROVE is made this __ day of , 2015, by Henley USA LLC, a Washington
limited liability company (the "Declarant"), as the owner of certain real property situated in King
County, State of Washington, as such property is more specifically described on Exhibit A, which is
attached hereto and incorporated herein by this reference (the "Real Property").
RECITALS
Declarant desires to develop the Plat of Brookgrove ("Brookgrove") as a residential community
on the Real Property. Declarant also desires to create common areas and facilities for the benefit of the
Brookgrove community and to provide for the preservation of the natural values in Brookgrove.
This Declaration establishes a plan for the private ownership oflots and the buildings constructed
thereon, for the dedication of certain areas to the public, and for the beneficial ownership through a
nonprofit corporation of certain other land and related easements, hereafter defined and referred to as the
"Common Areas." The nonprofit corporation shall be delegated and assigned the duties and powers of
maintaining and administering the Common Areas, administering and enforcing these covenants,
conditions, and restrictions, and collecting and disbursing the assessments and charges hereinafter
created.
NOW, THEREFORE, Declarant hereby covenants, agrees, and declares that all of the Real
Property, as defined herein, and the buildings and structures hereafter constructed thereon are, will be,
held, sold, and conveyed subject to and burdened by the following covenants, conditions, restrictions, and
easements, all of which are for the purpose of enhancing and protecting the value, desirability, and
attractiveness of Brookgrove for the benefit of the Owners thereof, their heirs, successors, grantees, and
assigns. All provisions of this Declaration shall be binding upon all parties having or acquiring any right,
title, or interest in the Real Property or any part thereof, and shall inure to the benefit of the Owners
thereof and to the benefit of the Association and are intended to be and shall in all respects be regarded as
covenants running with the land.
ARTICLE 1. DEFINITIONS
Section 1.1 "Association" shall mean and refer to the Brookgrove Homeowners Association,
a Washington nonprofit corporation, its successors and assigns.
Section 1.2 "Association Action" shall mean and refer to a written corporate action of the
Association in the form of either a bylaw or resolution duly passed by either the Board or the Owners.
Section 1.3 "Board" shall mean and refer to the board of directors of the Association.
Section 1.4 "Common Areas" shall mean and refer to all easements and Tracts and any
improvements thereto that are owned or maintained by the Association, for the benefit of the Lot Owners,
and subjected to this Declaration by an appropriate recording. As of the date of this Declaration, the
Common Areas consist of: All Common Areas depicted on the Final Plat, including without limitation,
-2 -
{02943439.DOC;I )
the roads and sidewalks, and recreational areas, all as identified and/or illustrated on the Final Plat,
recorded in the real property records of King County.
Section 1.5 "Common Expenses'' means the costs incurred by the Association to exercise
any of the powers provided for in Chapter 64.38 RCW and this Declaration.
Section 1.6 "Declarant" shall mean and refer to the entity described on the first page of this
Declaration and its respective successors and assigns. Nothing contained herein shall be deemed or
construed by the Association or by any third person, to create the relationship of principal and agent, or a
partnership, or a joint venture, or any association between or among any of the signatories hereto.
Section 1.7 "Declarant Control Period" shall mean the period of time from the date of
recording of this Declaration until the earlier of: one (I) year after the date upon which all of the Lots
have been conveyed (i.e., title transferred) to a person who intends to use the Lot for his or her use as a
residence, or receipt by the Association of written notice from Declarant in which Declarant elects to
terminate the Declarant Control Period. A partial delegation of authority by the Declarant of any of its
management duties described in the Declaration shall not terminate the Declarant Control Period.
Section 1.8 "Declaration" shall mean and refer to this instrument, as the same may be
supplemented or amended from time to time.
Section 1.9 "Final Plat" shall mean and refer to the Final Plat of Brookgrove recorded under
King County Recording No. ________ _
Section 1.10 "Governing Documents" shall mean and refer to this Declaration and the
Articles of Incorporation, Bylaws and rules and regulations of the Association as any of the foregoing
may be amended from time to time.
Section 1.11 "Lot" shall mean and refer to any legally segmented and alienable portion of the
Real Property created through subdivision or any other legal process for dividing land and subjected to
this Declaration by an appropriate recording, with the exception of dedicated rights of way and Tracts
designated as Common Areas.
Section 1.12 "Mortgage" shall mean and refer to any recorded mortgage or deed of trust
encumbering one or more of the Lots. "First Mortgage" shall mean and refer to a Mortgage with priority
over the other Mortgages. "Mortgagee" shall mean and refer to the holder or beneficiary of any
Mortgage and shall not be limited to Institutional Mortgagees. As used herein, the term "Institutional
Mortgagee" or "Institutional Holder" shall include banks, trust companies, insurance companies,
mortgage companies, mortgage insurance companies, savings and loan associations, trusts, mutual
savings banks, credit unions, pension funds, Federal National Mortgage Association, Federal Home Loan
Mortgage Corporation, all corporations, and any agency of department of the United States Government
or of any state or municipal government.
Section 1.13 "Owner" shall mean and refer to the record owner (whether one or more persons
or entities) of a fee interest in any Lot, including the Declarant but excluding Mortgagees or other persons
or entities having such interest merely as security for the performance of any obligation. Purchasers or
assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers
or assignors.
-3 -
{02943439.DOC;I )
Section 1.14 "Real Property" shall mean and refer to that certain real property which is
legally described on Exhibit A attached hereto, and such additions thereto as may hereafter be brought
within the terms and conditions hereof by an appropriate recording.
Section 1.15 "Reserve Account" shall have the meaning set forth in Section 3.12 of this
Declaration.
Section 1.16 "Reserve Component" shall mean a Common Area for which the cost of
maintenance, repair, or replacement is infrequent, significant, and impractical to include in an annual
budget.
Section 1.17 "Reserve Study Professional" shall mean an independent person who is suitably
qualified by knowledge, skill, experience, training, or education to prepare a reserve study in accordance
with Ch. 64.38 RCW.
Section 1.18 "Significant Assets" shall mean that the current replacement value of the major
Reserve Components is seventy-five percent (75%) or more of the gross budget of the Association,
excluding the Association's Reserve Account funds.
Section 1.19 "Single Family" shall mean and refer to a single housekeeping unit that includes
not more than four (4) adults who are legally unrelated.
Section 1.20 "Structure" shall include any building, fence, wall, driveway, walkway, patio,
garage, storage shed, carport, mailboxes, basketball hoop, play equipment, climbing apparatus, swimming
pool, rockery, dog run or the like.
Section 1.21 "Tract" shall mean and refer to any legally segmented and alienable portion of
the Real Property created through subdivision or any other legal process for dividing land and subjected
to this Declaration by an appropriate recording, with the exception of Lots and dedicated rights of way.
ARTICLE 2. BROOKGROVE HOMEOWNERS ASSOCIATION
Section 2.1 Description of Association. The Association is a nonprofit corporation
organized and existing under the laws of the State of Washington charged with the duties and vested with
the powers prescribed by law and set forth in the Governing Documents, as they may be amended from
time to time; provided, however, that no Governing Documents of the Association other than this
Declaration shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent
with this Declaration. The Association shall have a perpetual existence and may not be dissolved for
forty years after the date upon which this Declaration is recorded. Upon dissolution or final winding up
of the Association entity under the laws of the State of Washington, all of its assets remaining after
payment to creditors will be distributed or sold, and the sales proceeds distributed, to the members of the
Association entity in accordance with the Articles, Bylaws, and provisions of Ch. 24.03 RCW. The
Owners are responsible for providing that the Association continues to be a functioning legal entity.
Section 2.2 Association Board. During the Declarant Control Period, the Declarant shall
manage the Association and shall have all the powers of the Board set forth herein. Upon termination of
the Declarant Control Period, a Board shall be elected from among the Owners, as provided in the Bylaws
to manage the Association. The Board shall elect officers of the Association from among the Board
-4-
{02943439.DOC;I )
members, which shall inclnde a president who shall preside over the meetings of the Board and meetings
of the Association.
Section 2.3 Votes Appurtenant to Lots. Every Owner shall be a member of the Association
and, except as provided in Section 2.4, shall be entitled to cast one (I) vote in tbe Association for each
Lot owned. A vote shall be appurtenant to and held and owned in the same manner as the beneficial fee
interest in the Lot to which it relates. A vote shall not be separated from ownership of the Lot to which it
relates; provided, however, that when more than one entity holds the beneficial fee interest in any Lot, the
vote therefore shall be cast as the Owners among themselves determine, but, except as provided in
Section 2.4, in no event shall more than one vote be cast with respect to any Lot; and if the several
Owners of a Lot are unable to agree as to the casting of their vote, such vote shall not be counted. If a Lot
is further subdivided as provide in Section 6.1 hereof, the Owner of each additional Lot created shall be
entitled to one vote in the Association for each Lot owned.
Section 2.4 Initial Number of Votes. During the Declarant Control Period, each Lot owned
by Declarant shall be entitled to five (5) votes in the Association and each Lot owned by an Owner other
than Declarant shall be entitled to one (I) vote. Upon expiration of the Declarant Control Period, the total
number of votes in the Association shall be equal to the number of Lots subject to this Declaration and
each Lot shall be entitled to one (I) vote.
Section 2.5 Owner's Compliance. By acceptance of a deed to a Lot, recording of a real
estate contract conveying title to a Lot, or any other means of acquisition of an ownership interest, the
Owner thereof covenants and agrees, on behalf of himself and his heirs, successors, and assigns, to
observe and comply with the terms of the Final Plat, this Declaration, the Governing Documents of the
Association, and all rules and regulations duly promulgated pursuant to Association Action.
Section 2.6 Bylaws, Rules and Regulations. The Board on behalf of the Association shall
have the power to adopt, modify, and amend rules and regulations governing the use of the Real Property,
provided that such rules and regulations shall not be inconsistent with this Declaration. The rules and
regulations shall apply uniformly to all Owners, except as specifically provided herein. The Board shall
have the power to enforce the rules and regulations on behalf of the Association and may prescribe
penalties for the violation of such rules and regulations, including, but not limited to, suspension of the
right to use the Common Areas or portions thereof. Any such rules and regulations shall become
effective thirty (30) days after promulgation and shall be mailed to all Owners prior to their effective date.
A copy of the rules and regulations then in force shall be retained by the secretary of the Association.
The Declarant, on behalf of the Board, may adopt the initial Bylaws and rules and regulations of the
Association.
Section 2. 7 Implied Rights. The Association may exercise any right or privilege given to it
expressly by this Declaration or the Bylaws or which may be reasonably implied from, or reasonably
necessary to effectuate, any such right or privilege.
Section 2.8 Association Property. The Association, through action of its Board, may
acquire, hold and dispose of tangible and intangible personal property and real property.
ARTICLE 3. ASSOCIATION BUDGET, ASSESSMENTS, AND LIENS
Section 3.1 Owner's Covenants to Pay Assessments. By acquisition of any ownership
interest in a Lot, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs,
-5 -
{02943439.DOC;I }
successors, and assigns, to pay the Association, in advance, all general and special assessments levied as
provided herein. Notwithstanding the foregoing, the Declarant shall not be obligated to pay any
assessments.
Section 3.2 Association Budget. The Association shall prepare, or cause the preparation of,
an operating budget for the Association at least annually, in accordance with generally accepted
accounting principles. The operating budget shall set forth all sums required by the Association, as
estimated by the Association, to meet its annual costs and expenses, including, but not limited to, all
management and administration costs, operating and maintenance expenses of the Common Areas, and
services furnished to or in connection with the Common Areas, including the amount of all taxes and
assessments levied against, and the cost of liability, property and other insurance on, the Common Areas,
and including charges for any services furnished by or to the Association; the cost of utilities and other
services; and the cost of funding all reserves established by the Association. The funds required to meet
the Association's annual expenses shall be raised from a general assessment against each Owner as
provided hereafter. After adoption of the operating budget, the Association may revise the operating
budget at any time and from time to time, in accordance with the procedures set forth in Section 3.2(a)
below, as it deems necessary or advisable in order to take into account and defray additional costs and
expenses of the Association.
(a) Adoption of Budget. Within thirty (30) days after adoption by the Board of any
proposed regular or special budget of the Association, the Board shall set a date for a meeting of the
Owners to consider ratification of the budget not less than fourteen ( 14) nor more than sixty ( 60) days
after mailing of the summary. Unless at that meeting the Owners to which a majority of the votes in the
Association are allocated rtject the budget, in person or by proxy, the budget is ratified, whether or not a
quorum is present. In the event the proposed budget is rejected or the required notice is not given, the
periodic budget last ratified by the Owners shall be continued until such time as the Owners ratify a
subsequent budget proposed by the Board.
(b) Budget Summary. As part of the summary of the budget provided to all Owners,
the Board shall disclose to the Owners:
(i) The current amount of regular assessments budgeted for contribution to
the Reserve Account (defined below), the recommended contribution rate from the Reserve Study, and
the funding plan upon which the recommended contribution rate is based;
(ii) If additional regular or special assessments are scheduled to be imposed,
the date the assessments are due, the amount of the assessments per each Owner per month or year, and
the purpose of the assessments;
(iii) Based upon the most recent Reserve Study and other information,
whether currently projected Reserve Account balances will be sufficient at the end of each year to meet
the Association's obligation for major maintenance, repair, or replacement of Reserve Components during
the next thirty (30) years;
(iv) If Reserve Account balances are not projected to be sufficient, what
additional assessments may be necessary to ensure that sufficient Reserve Account funds will be available
each year during the next thirty (30) years, the approximate dates assessments may be due, and the
amount of the assessments per Owner per month or year;
-6-
{02943439.DOC;I }
(v) The estimated amount recommended in the Reserve Account at the end
of the current fiscal year based on the most recent Reserve Study, the projected Reserve Account cash
balance at the end of the current fiscal year, and the percent funded at the date of the latest Reserve Study;
(vi) The estimated amount recommended in the Reserve Account based upon
the most recent Reserve Study at the end of each of the next five (5) budget years, the projected Reserve
Account cash balance in each of those years, and the projected percent funded for each of those years; and
(vii) If the funding plan approved by the Association is implemented, the
projected Reserve Account cash balance in each of the next five (5) budget years and the percent funded
for each of those years,
Section 3.3 Levy of General Assessment. In order to meet the costs and expenses projected
in its operating budget, the Association shall by Association Action determine and levy in advance on
every Lot a general assessment. The amount of each Lot's general assessment shall be the amount of the
Association's operating budget divided by the sum of the number of Lots. The Association shall make
reasonable efforts to determine the amount of the general assessment payable by each Owner for an
assessment period at least thirty (30) days in advance of the beginning of such period and shall at that
time prepare a roster of the Owners and the general assessment allocated to each, which shall be open to
inspection by any Owner upon reasonable notice to the Association. Notice of the general assessment
shall thereupon be sent to each Owner; provided, however, that notification to an Owner of the amount of
an assessment shall not be necessary to the validity thereof. The omission by the Association, before the
expiration of any assessment period, to fix the amount of the general assessment hereunder for that or the
next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article
or a release by any Owner from the obligation to pay the general assessment, or any installment thereof,
for that or any subsequent assessment period, but the general assessment fixed for the preceding period
shall continue until a new assessment is fixed. Upon any revision by the Association of the operating
budget during the assessment period for which such budget was prepared, the Association shall, if
necessary, revise the general assessment levied against Lots and give notice to each Owner.
Section 3.4 Payment of General Assessment. Upon Association Action, installments of
general assessments may be collected on a monthly, quarterly, semi-annual, or annual basis, as
determined by the Board. Unless the Board otherwise provides, one-twelfth of the General Assessment
shall be due in advance on the first day of each calendar month. Any Owner may prepay one or more
installments on any assessment levied by the Association without penalty.
Section 3.5 Nondiscriminatory Assessment. Except as otherwise specifically provided
herein, no assessment shall be made at any time which may unreasonably discriminate against any
particular Owner or group of Owners in favor of other Owners. However, a special assessment may be
made against a particular Owner and Owner's Lot by a two-thirds (2/3) majority vote of the Board if,
after notice from the Association of failure to maintain such Lot in a condition comparable to the other
Lots has been given, the Association elects to expend funds to bring such Owner's Lot up to such
comparable standard.
Section 3.6 Commencement of Assessments. Liability of an Owner for assessments shall
commence on the date upon which any instrument of transfer to such Owner becomes operative (such as
the date of a deed or the date of a recorded real estate contract for the sale of any Lot) or, if earlier, the
commencement date of Owner's occupancy of such Lot. The Declarant, its successors and assigns shall
not be liable for any assessments with respect to any Lot.
. 7.
{02943439.DOC;I }
Upon the initial closing on any Lot from Declarant, the buyer thereof shall pay a one-time
assessment in the amount of Five Hundred Dollars ($500.00). This amount shall be in addition to any
assessment established by the Association, and shall be paid by all buyers, including builders.
Section 3. 7 Certificates of Assessment Payment. Upon request, the Board shall furnish
written certificates certifying the extent to which assessment payments on a specified Lot are paid and
current to the date stated therein. A reasonable charge may be made by the Association for the issuance
of such certificate.
Section 3.8 Special Assessments. In addition to the general assessments authorized by this
Article, the Association may, by Association Action, levy a special assessment or assessments at any
time, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any
construction or reconstruction, inordinate repair, or replacement of a capital improvement located upon or
forming a part of the Common Areas, including necessary fixtures and personal property related thereto,
or for such other purpose as the Association may consider appropriate, including maintenance of a Lot as
provided in Section 3.5. The due dates of any special assessment payments shall be fixed by the
Association Action authorizing such special assessment.
Section 3.9 Effect of Nonpayment of Assessment. If any assessment payment is not made
in full within thirty (30) days after it was first due and payable, the unpaid amounts shall constitute a lien
against the Lot assessed and shall bear interest from such due date at a rate set by the Board in its rules
and regulations which shall not exceed the highest rate then permitted by law. By acceptance of a deed to
a Lot, recording of a real estate contract therefore, or any other means of acquisition of an ownership
interest, and whether or not it shall be so expressed in any such deed or other instrument, each Owner
shall be deemed to grant thereby to the Association, its agents and employees, and to Declarant during the
Declarant Control Period, the right and power to bring all actions against such Owner personally for the
collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of
the Association by foreclosure of the continuing liens in the same form of action as is then provided for
the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the
benefit of the Association, and shall arise in accordance with the terms of this Declaration without the
necessity of any further action by the Association. The Association shall have the power to bid at any lien
foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot foreclosed against.
Section 3.10 Duration of Lien. Any lien arising pursuant to Section 3.9 shall be a continuing
lien in the amount stated in the assessment from the time of the assessment, but expiring pro rata as the
assessment payments are made, and shall also be the personal obligation of the person or entity who is the
Owner of the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall
not pass to successors in interest unless expressly assumed by them; provided, however, that in the case of
a sale or contract for the sale of any Lot which is charged with the payment of an assessment, the person
or entity who is the Owner immediately prior to the date of such sale shall be personally liable for the
amounts of the monthly installments due prior to said date, and the new Owner shall be personally liable
for monthly installments becoming due on or after such date. The foregoing limitation on the duration of
the personal obligation of an Owner to pay assessments shall not, however, affect the validity or duration
of the continuing lien for unpaid assessments against the respective Lot.
Section 3.11 Suspension for Nonpayment of Assessment. If an Owner shall be in arrears in
the payment of any assessment due, or shall otherwise be in default of the performance of any terms of
the Governing Documents of the Association for a period of thirty (30) days, said Owner's voting rights
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shall without the necessity of any further action by the Association, be suspended (except as against
foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are
brought current and any other default is remedied. No Owner is relieved of liability for assessments by
nonuse of the Common Areas or by abandonment of a Lot.
Section 3.12 Reserve Account for Repair or Replacement. As a Common Expense, the
Association may establish and maintain a reserve fund for major maintenance, repair or replacement of
the Common Areas and any improvements thereon ("Reserve Account"). Such Reserve Account shall
be deposited with a banking institution, and in the name of the Association. The Reserve Account shall
be expended only for the purpose of affecting the major maintenance, repair or replacement of the
Common Areas and any improvements and community facilities thereon, and to any sidewalks, roads,
walls or pathways developed as a part of Brookgrove, equipment replacement, and for operating
contingencies of a nonrecurring nature. The Board is responsible for administering the Reserve Account.
The Association may establish such other reserves for such other purposes as it may from time to time
consider to be necessary or appropriate. The proportional interest of any Owner in any such reserves shall
be considered an appurtenance of his Lot and shall not be separately withdrawn, assigned, or transferred
from the Lot to which it appertains.
(a) Withdrawals from Reserve Account. In addition to withdrawals for the purposes
set forth in Section 3.12 above, the Association may withdraw funds from the Reserve Account to pay for
unforeseen or unbudgeted costs that are unrelated to maintenance, repair, or replacement of Reserve
Components. The Board shall record any such withdrawal in the Association's minute books, cause
notice of any such withdrawal to be hand delivered or sent prepaid by first-class U.S. mail to the mailing
address of each Owner, and adopt a repayment schedule not to exceed twenty-four (24) months unless the
Board determines that repayment within twenty-four (24) months would impose an unreasonable burden
on the Owners. Payment for major maintenance, repair, or replacement of the Reserve Components out
of cycle with the Reserve Study projections or not included in the Reserve Study may be made from the
Reserve Account without meeting the notification or repayment requirements under this Section 3.12(a).
Section 3.13 Reserve Studies. The provisions of this Section 3.13 are intended to summarize
the requirements for reserve studies as provided in RCW 64.38.065-.090, and in the event of any conflict
with the provisions herein, the statutory provisions shall control.
(a) Board Determination. Unless (a) there are ten (10) or fewer homes in the
Association; (b) the Board determines that the Association does not have Significant Assets; ( c) the cost
of a Reserve Study exceeds five percent (5%) of the Association's annual budget; or (d) the Board
determines that doing so would impose an unreasonable hardship, the Board shall, cause the Association
to prepare an initial reserve study (a "Reserve Study") based upon a visual site inspection conducted by a
Reserve Study Professional. The Reserve Study shall comply with the requirements of RCW 64.38.070,
and shall be updated annually unless doing so would impose an unreasonable hardship. At least every
three (3) years, an updated Reserve Study must be prepared and based upon a visual site inspection
conducted by a Reserve Study Professional.
(b) Owner Demand. When more than three (3) years have passed since the date of
the last Reserve Study prepared by a Reserve Study Professional, the Owners to which at least thirty-five
percent (35%) of the votes are allocated may demand, in writing, to the Association that the cost of a
Reserve Study be included in the next budget and that the Reserve Study be prepared by the end of that
budget year. The written demand must refer to RCW 64.38.080. The Board shall, upon receipt of the
written demand, provide the Owners who make the demand reasonable assurance that the Board will
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include a Reserve Study in the next budget and, if the budget is not rejected by a majority of the Owners,
will arrange for the completion of a Reserve Study.
Section 3.14 Limitations on Liability related to Reserve Account and Reserve Studies.
Monetary damages or any other liability may not be awarded against or imposed upon the Association, its
officers, the Board, or those persons who may have provided advice or assistance to the Association, its
officers, or the Board, for failure to: (a) establish a Reserve Account; (b) have a current Reserve Study
prepared or updated in accordance with the requirements of Chapter 64.38 RCW and this Declaration; or
(c) make the required disclosures in accordance with Section 3.2(b) and Chapter 64.38 RCW.
Section 3.15 Failure to Comply Does Not Relieve Owners. An Owner's duty to pay for
Common Expenses is not excused, and a budget ratified by the Owners is not invalidated, because of the
Association's failure to comply with the Reserve Study or Reserve Account requirements.
Section 3.16 Certain Areas Exempt. The Tracts and all portions of Brookgrove dedicated to
and accepted by a public authority shall be exempt from assessments by the Association.
ARTICLE 4. ARCHITECTURAL CONTROL COMMITTEE
Section 4.1 Architectural Control Committee. An Architectural Control Committee
("Committee") consisting of at least three (3) members, but in any event always an odd number of
members, is hereby created with the rights and powers set forth in this Declaration. The initial members
of the Committee shall be representatives appointed by Declarant. Committee members shall not be
entitled to compensation for their services hereunder, except as may be determined by the Board of
Directors. Declarant shall have the right and power at all times to appoint or renew the appointment of
the members of the Committee or to fill any vacancy until the expiration of the Declarant Control Period.
After the expiration of the Declarant Control Period, the Board shall have the power to appoint and
remove the members of the Committee.
Section 4.2 Jurisdiction and Purpose. The Committee shall review proposed plans and
specifications for construction of all residences and other Structures within Brookgrove, including any
additions, exterior alterations, fences, major landscaping, clearing, painting, paving and excavation.
During the Declarant Control Period, a prospective Owner shall submit architectural and landscaping
plans and specifications to the Committee for its review prior to closing the purchase of a Lot. Prior to
submittal to the Committee, the Owner shall verify all improvements meet all local municipal codes. The
Committee assumes no liability and holds no authority to approve, permit, or allow any construction on
behalf of the local governing authorities. The Committee shall adopt and publish rules and procedures for
the review of such plans and specifications. It shall be the obligation of each Owner or prospective
Owner to be familiar with the rules and procedures of the Committee. As conditions precedent to
approval of any matter submitted to it, the Committee shall find:
(a) Consistent with Declaration. The approval of the plan is in the best interest of
the Owner and consistent with this Declaration.
(b) General Considerations. General architectural considerations, including
relationship and layout of Structures to natural features and adjacent homes, orientation and location of
buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, and similar elements
have been designed to be compatible with the overall design of Brookgrove.
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(c) Site Considerations. General site considerations, including site layout,
relationship of site to vegetation, natural features, open space and topography, orientation and locations of
buildings, vehicular access and driveway lighting, circulation and parking, setbacks, height, walls, fences
and similar elements have been designed to be compatible with the overall design of Brookgrove.
( d) Landscape Considerations. General landscape considerations, including the
location, type, size, color, texture and coverage of plant materials, provisions for irrigation, maintenance
and protection of existing landscaped areas and similar elements have been considered to ensure visual
relief, to complement buildings and Structures, and to provide an attractive environment for the
enjoyment of the Owners in general and the enhancement of the property values in Brookgrove.
(e) Siding. Without limiting the foregoing, each residence, improvement or
Structure constructed on a Lot shall be built of new materials except, with approval of the Architectural
Control Committee, decorative items such as used brick, weathered planking, and similar items may be
incorporated. All siding materials shall be of masonry (including stucco, dryvit, cultured stone, brick,
stone, or similar material), and/or wood or wood-type siding material. All paints or natural finishes shall
be those colors commonly known as earth tones.
(f) Roofing. The roof shall be a composition roof with a 30-year life.
(g) Entry Walks, Porches and Decks. All front entry walks shall be concrete, and all
decks and wood porches shall be constructed of cedar or pressure-treated or composite materials.
(h) Driveways. All driveways shall be constructed of concrete paving.
(i) Local Codes. All buildings or Structures shall be constructed in accordance with
all applicable codes and regulations. In the event of a conflict between any applicable codes and this
Declaration, the codes shall govern.
Section 4.3 Approval Procedures. Two copies of a preliminary application for approval
must be submitted in writing to the Committee at the registered office of the Association. Within fifteen
(15) days following receipt of a preliminary application, the Committee shall notify the applicant in
writing as to whether the application is complete and, if not, of any additional information that may be
required before the Committee can review the application. The Committee's rules and procedures may
specify the payment of a reasonable nonrefundable fee, to be set forth in the Committee rules, for the
purpose of defraying the costs associated with the Committee's review of the preliminary application.
This fee may be adjusted from time to time by the Committee in accordance with its rules and procedures.
The Committee shall review the application in accordance with the provisions of this Section as soon as
possible after a complete application has been filed. The decision of a majority of the members of the
committee shall be the decision of the Committee. One copy of approved plans will remain in the
Committee's files. All disapproved plans will be returned to the applicant.
Section 4.4 Failure of Committee to Take Action. Except as provided in Section 4.6
below, in the event that the Committee fails to respond to an applicant's complete and properly submitted
application within thirty (30) days after the Committee has notified the applicant that the application is
complete, formal written approval will not be required, and the applicant shall be deemed to have fully
complied with the provisions for approval; provided, however, if the Committee delivers notice of the
need for one (1) thirty (30) day extension prior to expiration of the above-referenced thirty (30) day
period, the Committee shall have thirty (30) additional days to make its decision.
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Section 4.5 Committee's Obligation. The Committee, in its deliberations and in the
discharge of its obligations hereunder, shall act objectively and fairly in making decisions concerning
various plans, specifications, plot plans and landscape plans submitted to it by various applicants for
consideration in accordance with the provisions of this Declaration. Further, the determinations of the
Committee as to noncompliance shall be in writing, signed by the Committee, and shall set forth in
reasonable detail the reason for noncompliance. The Committee may approve, approve with conditions,
or disapprove an application or any part thereof. In all cases, the sole responsibility for satisfying the
provisions of this Declaration and all local building codes and governmental requirements rests with the
applicant. In consideration of the Committee's review of an applicant's application, the applicant shall
indemnify and hold the Committee harmless from any claim or damages resulting from applicant's failure
to comply with applicable building codes or other governmental requirements.
Section 4.6 Exemptions and Variances From Committee Requirements. The Committee
may, upon request, grant exemptions and variances from the rules and procedures of the Committee and
the requirements of this Declaration when the party requesting such exemption or variance establishes to
the satisfaction of the Committee that the improvements or other matters which are desired by the
applicant are aesthetically as appealing, suited to climatic conditions, and compatible with the overall
character of the development as are similar improvements or matters which conform to the requirements
of this Declaration. Request for an exemption or variance shall be submitted in writing to the Committee
and shall contain such information as the Committee shall from time to time require. The Committee
shall consider applications for exemption or variance and shall render its decisions within thirty (30) days
after notice to the applicant of proper submission. The failure of the Committee to approve an application
for an exemption or variance shall constitute disapproval of such application.
Section 4.7 Construction Deposit. For purposes of protecting the Common Areas and
Common Area improvements against damage during construction by an Owner, his contractors and
agents, the Committee has authority, but is not mandated, to require a cash deposit from each Owner to
whom approval of plans is given of an amount deemed appropriate by the Committee for such purposes
("Construction Deposit"), if the Committee finds that potential damage can be done to the Common
Area(s) caused by Owner's proposed construction. The Construction Deposit, however, shall not exceed
Two Thousand Dollars ($2,000.00). In the event an Owner, his contractor, agents or employees causes
any damage or destruction to any portion of the Common Areas or Common Area Improvements, the
Committee shall notify such Owner and request the replacement or repair of the item or area damaged or
destroyed. The Owner shall have a period of two (2) business days after the date or receipt of such notice
to advise the Committee of its intended course of action and its schedule for correction of the damage,
and to commence such correction. The Committee shall in its sole discretion approve or disapprove such
course and schedule, and the Owner agrees to make such changes thereto as are necessary to obtain the
Committee's approval. If the Owner fails to correct the damage in the manner or within the time
approved by the Committee, the Committee may, at its option, perform such work as is necessary to
remedy the situation on behalf and at the expense of the Owner and apply the Construction Deposit
against the cost thereof. If the cost of such work exceeds the total amount of the Construction Deposit,
the Owner shall pay the Association that excess cost within ten ( 10) days of demand by the Committee.
Upon completion of construction of the Improvements on the Lot, and following a joint inspection of the
Improvements and Lot by the Owner and the Committee to verify that no damage to the Common Areas
and/or Common Area Improvements has occurred, the Committee shall make a final determination of
compliance and return the remaining balance, if any, of the Construction Deposit to the Owner, without
interest within ten ( I 0) days of such final determination
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Section 4.8 Failure of Applicant to Comply. Failure of the applicant to comply with the
rules and procedures of the Committee or the final application as approved by the Committee shall, at the
election of the Association's Board exercised after thirty (30) days' written notice to such applicant,
constitute a violation of this Declaration. In that event, the Board shall be empowered to assess a penalty
commensurate with the violation, which shall constitute a lien against such Lot, enforceable as provided
herein and/or pursue any other remedy, including, but not limited to, an action for injunctive relief or
specific performance.
ARTICLE 5. SUBORDINATION OF LIENS
Section 5.1 Intent of Provisions. The provisions of this Article 5 apply for the benefit of
each Mortgagee who lends money for purposes of construction or to secure the payment of the purchase
price of a Lot.
Section 5.2 Mortgagee's Non-liability. The holder of a Mortgage shall not, by reason of its
security interest only, be liable for the payment of any assessment or charge, nor for the observance or
performance of any covenant or restriction, excepting only those enforceable by equitable relief and not
requiring the payment of money, and except as hereafter provided.
Section 5.3 Mortgagee's Rights During Foreclosure. During foreclosure of a Mortgage,
including any period of redemption, the holder of the Mortgage may exercise any or all of the rights and
privileges of the Owner of the encumbered Lot, including but not limited to the right to vote in the
Association to the exclusion of the Owner's exercise of such rights and privileges.
Section 5.4 Mortgagee as Owner. At such time as a Mortgagee shall become the record
Owner of the Lot previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the
terms and conditions of this Declaration, including the obligation to pay for all assessments and charges
in the same manner as any Owner.
Section 5.5 Survival of Assessment Obligation. After the foreclosure of a security interest
in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the Owner
against whom the same was levied, and the Association shall use reasonable efforts to collect the same
from such Owner.
Section 5.6 Subordination of Assessment Liens. The liens for assessments provided for in
this Declaration shall be subordinate to the lien of any first Mortgage or other security interest placed
upon a Lot as a construction loan security interest or as a purchase price security interest, and the
Association will, upon demand, execute a written subordination document to confirm such priority. The
sale or transfer of any Lot or of any interest therein shall not affect the liens provided for in this
Declaration except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for
purposes of realizing a security interest, liens shall arise against the Lot for any assessment payments
coming due after the date of completion of foreclosure.
ARTICLE 6. USE COVENANTS, CONDITIONS AND RESTRICTIONS
Section 6.1 Authorized Uses. Brookgrove shall be used solely for residential purposes and
related facilities normally incidental to a residential community. After the Declarant Control Period no
Lot shall be further subdivided, except as permitted in this Declaration without prior approval conferred
by Association Action.
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Section 6.2 Leasing Restrictions. No residence on any Lot may be leased or rented by any
party for a period of fewer than thirty (30) days, nor shall less than the whole of any Lot be leased or
rented. Each lease or rental agreement shall be in writing and shall by its terms provide that it is subject
in all respects to the provisions of the Governing Documents. Any failure by a lessee to comply with the
terms of the Governing Documents shall be a default under the lease, whether or not it is so expressed
therein. Other than the foregoing, there is no restriction on the right of any Owner to lease his Lot or
residence.
Section 6.3 Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or
kept in Brookgrove except as specifically provided herein. Domesticated dogs, cats, or other
conventional household pets may be kept if they are not kept, bred, or maintained for any commercial
purposes, and all animals must be in compliance with applicable codes and regulations. "Other
conventional household pets" shall include only traditionally domesticated pets and shall not include any
form of poultry (i.e., domestic fowl, including but not limited to chickens, turkeys, ducks, and geese) or
any exotic pets such as large or potentially dangerous reptiles, potentially harmful insects, bees, large
birds, wild animals, and animals not normally domesticated, all of which are strictly prohibited in
Brookgrove. No domestic pet may be kept if its presence or actions constitute a public or private
nuisance. Pets shall be registered, licensed, and inoculated from time to time as required by law. When
not confined to the Owner's Lot, pets within Brookgrove shall be leashed and accompanied by a person
responsible for cleaning up any animal waste. No pets shall be tethered to any rope, cord, chain, etc.,
while outdoors on a Lot within Brookgrove for longer than two hours at a time.
Section 6.4 Commercial Uses. No commercial enterprise, including· itinerant vendors, shall
be permitted on any Lot; provided, however, that the Association may, by adopting rules and regulations,
permit specified home occupations to be conducted if allowed by law and if such occupation will not, in
the reasonable judgment of the Association, cause traffic congestion or other disruption of the
Brookgrove community; and provided further that no signs or advertising devices of any character shall
be permitted.
Section 6.5 Vehicle Storage. No storage of goods, vehicles, boats, trailers, trucks, campers,
recreational vehicles or other equipment or device shall be permitted in open view from any Lot, except
this shall not exclude temporary (less than twenty-four (24) hours) parking of vehicles on the designated
driveway areas adjacent to garages on the Lots. Upon forty-eight (48) hours notice to the Owner of an
improperly parked or stored vehicle, boat, or other equipment, the Association has authority to have
removed at the Owner's expense any such vehicle visible from the street that is parked on any Lot, street
or within a Common Area for more than twenty-four (24) hours.
Section 6.6 Garbage. All trash shall be placed in sanitary containers that are screened so as
not to be visible from adjoining Structures or streets or roadways. No Lot or any portion thereof shall be
used as a dumping ground for trash or rubbish of any kind. Yard rakings, dirt and debris resulting from
landscaping work or Construction shall not be dumped onto adjoining lots or streets or roadways.
Section 6. 7 Utilities Underground. Except for hoses and the like which are reasonably
necessary in connection with normal lawn maintenance, no water pipe, sewer pipe, gas pipe, drainage
pipe, telephone, power, or television cable, or similar transmission line shall be installed or maintained
above the surface of the ground.
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Section 6.8 Signs. Except for entrance, street, directional, traffic control, and safety signs, no
promotional signs or advertising devices of any character shall be posted or displayed in Brookgrove;
provided, however, that one temporary real estate sign not exceeding six (6) square feet in area may be
erected upon any Lot or attached to any residence placed upon the market for sale or lease. Any such
temporary real estate sign shall be removed promptly following the sale or rental or such Lot or residence.
Section 6.9 No Obstruction of Easements. No structure, planting, or other material shall be
placed or permitted to remain upon the Real Property which may damage or interfere with any easement
or the installation or maintenance of utilities, or which may unreasonably change, obstruct, or retard
direction or flow of any drainage channels. No decorative planting, structure or fence may be maintained
within an easement area.
Section 6.10 Antennas and Clotheslines. No external aerial antenna, free-standing antenna
towers, satellite reception dishes of any kind or clotheslines shall be permitted in Brookgrove; provided,
however, satellite dishes of less than twenty-four (24) inches in diameter are permitted provided the
Architectural Control Committee approves the location of same. Satellite dishes greater than twenty-four
(24) inches in diameter may be allowed through written consent of the Architectural Control Committee.
Section 6.11 Owners' Maintenance Responsibilities. The maintenance, upkeep, and repair
of individual Lots and homes shall be the sole responsibility of the individual Owners thereof, and in no
way shall it be the responsibility of the Association, its agents, officers or directors. Owners shall
maintain their Lots and homes in good repair and in a clean, sightly, and sanitary condition at all times.
Without limitation as to the foregoing, each Owner shall be obligated to keep his Lot and home in a clean,
sightly and sanitary condition and maintain the landscaping on his Lot in a healthy and attractive state and
in a manner comparable to that on the other Lots in Brookgrove. No storage of firewood shall be
permitted in front yards. After thirty (30) days' written notice to an Owner from the Association of such
Owner's failure to so maintain his home or Lot, and after approval by a two-thirds (2/3) majority vote by
the Board, the Association shall have the right, through its agents and employees, to enter upon any Lot
which has been found to violate the foregoing standards in order to restore the home or Lot to such
standards. The cost of such work shall be a special assessment on such Owner and his Lot only.
Section 6.12 Weapons. No firearms of any kind or nature, including rifles, handguns, bows,
slingshots, BB guns, slings, traps, or any other like weapon, shall be used or discharged within
Brookgrove except by authorized govermnental officials.
Section 6.13 Nuisances Prohibited. No noxious or offensive activity shall be conducted in
any portion of Brookgrove, nor shall anything be done or maintained therein in derogation or violation of
the laws of the State of Washington or any other applicable governmental entity. Nothing shall be done
or maintained on any portion of Brookgrove which may be or become an annoyance or nuisance to the
neighborhood or detract from the value of the Brookgrove community. The Association shall determine
by Association Action whether any given use of a Lot unreasonably interferes with the rights of the other
Owners to the use and enjoyment of their respective Lots or of the Common Areas, and such
determination shall be final and conclusive.
Section 6.14 Preservation of Landscaping. No party subject to the terms of this Declaration
or his/her/their agents, employees or guests shall destroy or otherwise materially adversely impact
landscaping on Common Areas and/or dedicated Tracts, or as otherwise governed by applicable laws,
codes and regulations.
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Section 6.15 Temporary Structures. No Structure or improvement of a temporary character,
including without limitation a trailer, tent, shack, garage, barn, or other outbuilding shall be installed,
placed or used an any Lot as a dwelling or residence, either temporarily or permanently.
Section 6.16 Window Coverings. Within ninety (90) days of occupancy of a residence on a
Lot, curtains, drapes, blinds or valances shall be installed on all bedroom, bathroom and closet windows
and all main windows in the great room that are visible from adjacent Lots. No newspapers, bed sheets or
other makeshift window coverings shall be visible from the exterior of the residence.
Section 6.17 Fences. All fences shall conform to the fence detail attached as Exhibit B, as
may be modified by the Architectural Control Committee from time to time. Prior to applying stain to
any fence, Owners shall first obtain approval of the type of fence stain to be used from the Architectural
Control Committee. Unless otherwise approved by the Architectural Control Committee, all fences must
be stained to match the stain used by the Declarant on the original fences, which is described on the
specifications sheet provided to each Owner upon purchase of the Owner's Lot from the builder. If no
such specifications sheet is available, the Owner shall use reasonable efforts to match the color of the
stain used by the Declarant on the original fences and shall present the color match sample to the
Architectural Control Committee for approval. Unless otherwise authorized by the Board, no fence, wall
hedge or mass planting over three feet in height, other than foundation planting, shall be permitted to
extend nearer to any street than the minimum setback line; however, nothing shall prevent erection of a
necessary retaining wall, the top of which does not extend more than two feet above the finished grade at
the back of said retaining wall.
Section 6.18 Lot Size Restriction. No Lot or portion of a Lot in the Plat shall be divided and
sold or resold or ownership changed or transferred, whereby the ownership of any portion of Brookgrove
shall be less than the area required for the use district in which located.
Section 6.19 Vehicular Access Restriction. No Lot shall take direct access from 120"'
Avenue S.E. Lots shall take access from S.E. 189"' Place.
Section 6.20 Damage. Any damage to streets, Plat improvements, entry structure, fences,
landscaping, mailboxes, lights and lighting standards by Lot Owners, their children, contractors, agents,
visitors, friends, relatives or service personnel shall be repaired and restored to like new condition by such
Owner within twelve (12) days from the occurrence of such damage. After thirty (30) days' written notice
to an Owner from the Association of such Owner's failure to so repair, and after approval by a two-thirds
(2/3) majority vote by the Board, the Association shall have the right, through its agents and employees,
make such repairs on behalf of such Owner. The cost of such work shall be a special assessment on such
Owner and his Lot only.
ARTICLE 7. COMMON AREAS
Section 7.1 Title to Common Areas. All Common Areas were dedicated in accordance with
the terms of the Final Plat upon recording of the Final Plat. Every Common Area shall be 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 and the
Final Plat.
Section 7.2 Maintenance of Common Areas. The Association shall maintain, repair,
replace, improve, and otherwise manage all of the Common Areas so as to keep them in good repair and
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{02943439.DOC;l }
condition and shall conduct such additional maintenance, repair, replacement, construction, or
reconstruction as may be determined pursuant to Association Action. The Association shall take any
action necessary or appropriate to the maintenance and upkeep of the Common Areas and improvements
thereon.
Section 7.3 Monument and Landscaping Maintenance and Easements. The Association
shall be responsible for maintaining any Brookgrove monument signage and shall be responsible for
maintaining any landscaping in Common Areas, including but not limited to planter strips, in accordance
with the terms of the Final Plat and all applicable laws, codes and regulations.
ARTICLE 8. CERTAIN GRANTS, EASEMENTS, COVENANTS AND RESTRICTIONS
Section 8.1 Tracts. Tract A is a private storm drainage tract. Upon recording of the Final
Plat, Tract A was granted and conveyed to the Association for ownership and maintenance. Upon
recording of the Final Plat, an easement was granted and conveyed to the City of Renton over, under and
across Tract A for the purpose of conveying, storing, managing and facilitating storm and surface water
and for sanitary sewer purposes per the engineering plans on file with the City of Renton. The City of
Renton has the right to enter said easement for the purpose of inspecting, operating, maintaining,
improving, and repairing its facilities contained therein. Only the chain link fence, flow control, water
quality treatment and conveyance facilities will be considered for formal acceptance and maintenance by
the City. Maintenance of all other improvements and landscaping on said Tract A shall be the
responsibility of the Association. In the event that the Association is dissolved or otherwise fails to meet
its property tax obligations, as evidenced by non-payment of property taxes for a period of eighteen (18)
months, then each Lot shall assume and have an equal and undivided ownership interest in Tract A
previously owned by the Association and have the attendant financial and maintenance responsibilities.
Section 8.2 Private Storm Drainage Easements (PSDEs). The Owners of Lots with private
storm drainage easements (PSDEs), as shown on the Final Plat and described in this Section 8.2, are
subject to an easement granted to the City of Renton, a municipal corporation, for conveyance and storage
of storm and surface water, together with a right of reasonable access for maintenance of the facilities
contained therein. Owners of Lots with PSDEs are responsible for operating, maintaining, and repairing
the drainage facilities contained within said PSDEs and are required to obtain any required permits from
the City of Renton or its successor agency, prior to filling, piping, cutting or removing vegetation (except
for routine landscape maintenance such as lawn 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 PSDEs. The City of Renton has the right to enter the PSDEs to repair any
deficiencies of the drainage facility in the event the Owner(s) is/are negligent in the maintenance of the
drainage facilities. These repairs shall be at the Owner's cost.
(a) PSDE on Lot 2. Upon recording of the Final Plat, a private storm drainage
easement shown on Lot 2 was reserved for and granted to the Owners of Lots 1 and 3 within the "10 Foot
Utilities Easement" adjoining the public road for private storm drainage facilities. Said easement is for the
benefit of Lots I, 2 and 3. The Owners of Lots 1, 2 and 3 are responsible for the maintenance of their
respective private drainage facilities and shall share equally in the maintenance responsibilities of the
private drainage facilities used in common within said easement. No Owner shall be responsible for
maintenance of the utilities above their point of connection.
(b) PSDE on Lot 4 benefiting Lot 5. Upon recording of the Final Plat, a private
storm drainage easement shown on Lot 4 within the "5 Foot Utilities Easement" was reserved for and
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{02943439.DOC;I )
granted to the Owner of Lot 5 for private storm drainage facilities. Said easement is for the benefit of
Lots 4 and 5. The Owners of Lots 4 and 5 are hereby responsible for the maintenance of their respective
private drainage facilities and shall share equally in the maintenance responsibilities of the private
drainage facilities used in common within said easement. No Owner shall be responsible for maintenance
of the utilities above their point of connection.
(c) PSDE on Lot 4 benefitting Lots 4 -9. Upon recording of the Final Plat, a private
storm drainage easement shown on Lot 4 was reserved for and granted to the Owners of Lots 5 through 9,
inclusive, for private storm drainage facilities. Said easement is for the benefit of Lots 4 through 9,
inclusive. The Owners of Lots 4 through 9, inclusive, are hereby responsible for the maintenance of their
respective private drainage facilities and shall share equally in the maintenance responsibilities of the
private drainage facilities used in common within said easement. No Owner shall be responsible for
maintenance of the utilities above their point of connection.
(d) PSDE on Lots 7 and 8. Upon recording of the Final Plat, a private storm
drainage easement on Lots 7 and 8 was reserved for and granted to the Owners of Lots 8 and 9 within the
"10 Foot Utilities Easement" adjoining the public road for private storm drainage facilities. Said easement
is for the benefit of Lots 7, 8 and 9. The Owners of Lots 7, 8 and 9 are responsible for the maintenance of
their respective private drainage facilities and shall share equally in the maintenance responsibilities of
the private drainage facilities used in common within said easement. No Owner shall be responsible for
maintenance of the utilities above their point of connection.
(e) PSDE on Lots 8 -11. Upon recording of the Final Plat, a private storm drainage
easement on Lots 8 through 11 was reserved for and granted to the Owners of Lots 8 through 11,
inclusive, for private storm drainage facilities. Said easement is for the benefit of Lots 8 through 11,
inclusive. The Owners of Lots 8 through 11, inclusive are responsible for the maintenance of their
respective private drainage facilities and shall share equally in the maintenance responsibilities of the
private drainage facilities used in common within said easement. No Owner shall be responsible for
maintenance of the utilities above their point of connection.
(f) PSDE on Lots IO -13. Upon recording of the Final Plat, a private storm
drainage easement on Lots 10, 12 and 13 was reserved for and granted to the Owners of Lots 10, 11 and
12 within the "10 Foot Utilities Easement" adjoining the public road for private storm drainage facilities.
Said easement is for the benefit of Lots I 0, 11 and 12. The Owners of Lots I 0, 11 and 12 are responsible
for the maintenance of their respective private drainage facilities and shall share equally in the
maintenance responsibilities of the private drainage facilities used in common within said easement. No
Owner shall be responsible for maintenance of the utilities above their point of connection.
(g) PSDE on Lots 14 and 15. Upon recording of the Final Plat, a private storm
drainage easement on Lots 14 and 15 was reserved for and granted to the owners of Lots 15 and 16 within
the "10 Foot Utilities Easement" adjoining the public road for private drainage facilities. Said Easement
is for the benefit of Lots 14, 15 and 16. The Owners of Lots 14, 15 and 16 are responsible for the
maintenance of their respective private drainage facilities and shall share equally in the maintenance
responsibilities of the private drainage facilities used in common within said easement. No Owner shall
be responsible for maintenance of the utilities above their point of connection.
Section 8.3 Private Water/Sanitary Sewer/Storm Drainage Easement on Lot 10. Upon
recording of the Final Plat, a private water/sanitary sewer/storm drainage easement on Lot IO was
reserved for and granted to the Owner of Lot 11 for private water, private sanitary sewer and private
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{02943439.DOC;l }
storm drainage facilities. Said easement is for the benefit of Lot 11. The Owner of Lot 11 is responsible
for the maintenance of its water, sanitary sewer, and storm drainage facilities within said easement.
Section 8.4 Public Storm Drainage Easements. Upon recording of the Final Plat, all storm
drainage easements shown thereon that are not shown as "private" were granted and conveyed to the City
of Renton for the pnrpose of conveying, storing, managing, and facilitating storm and surface water. The
City has reasonable right of access to said easement areas to inspect, operate, maintain, repair and
improve the drainage facilities.
Section 8.5 Private Sanitary Sewer Easement on Lot 4. Upon recording of the Final Plat,
a private sanitary sewer easement shown on Lot 4 was reserved for and granted to the Owners of Lots 6
and 7 for private sanitary sewer facilities. Said easement is for the benefit of Lots 6 and 7. The Owners
of Lots 6 and 7 are responsible for the maintenance of their sanitary sewer facilities within said easement.
Section 8.6 Private Water Easements.
(a) Upon recording of the Final Plat, a private water easement shown on Lot 3 was
reserved for and granted to the Owners of Lots 4, 5 and 6 for private water facilities. Said easement is for
the benefit of Lots 4, 5 and 6. The Owners of Lots 4, 5 and 6 are responsible for the maintenance of their
respective water facilities within said easement.
(b) Upon recording of the Final Plat, a private water easement shown on Lot 4 was
reserved for and granted to the Owners of Lots 5 and 6 for private water facilities. Said easement is for
the benefit of Lots 5 and 6. The Owners of Lots 5 and 6 are responsible for the maintenance of their
respective water facilities within said easement.
Section 8.7 Ingress, Egress and Utilities Easements on Lots 4 and 10.
(a) Upon recording of the Final Plat, an easement for ingress, egress and utilities on
Lot 4 was reserved for and granted to the Owners of Lots 5 and 6. The Owners of Lots 4, 5 and 6 shall be
equally responsible for the maintenance and repair of those improvements therein which they share with
the exception of those improvements installed by the utility providers. Lots shall be solely responsible for
the maintenance and repair of those private utilities (water, sanitary sewer and storm drainage) which only
benefit their Lot. Said easement over Lot 4 as depicted on the Final Plat was also granted to Soos Creek
Water and Sewer District for sanitary sewer purposes and to other utility providers as may be necessary.
Utility providers shall be responsible for the maintenance of the their facilities contained within said
easement.
(b) Upon recording of the Final Plat, an easement for ingress, egress and utilities on
Lot 10 was reserved for and granted to the Owner of Lot 11. The Owners of Lots 10 and 11 are equally
responsible for the maintenance and repair of those improvements therein which they share with the
exception of those improvements installed by the utility providers. Lot 11 is responsible for the
maintenance and repair of those private utilities (water, sanitary sewer and storm drainage) which only
benefit Lot 11.
Section 8.8 Landscaping Easement on Lot 17. Upon recording of the Final Plat, a
landscape easement on Lot 17 was reserved for and granted to the Association within the "JO Foot
Utilities Easement" adjoining the public road right of way for S.E. 189"' Place for the maintenance, repair
and replacement of landscaping improvements. The Owner of Lot 17 shall be responsible for
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{02943439.DOC;I )
maintenance of landscaping within the "10 Foot Utilities Easement" adjoining the public road right of
way for 120th Avenue S.E.
Section 8.9 Sanitary Sewer Easement on Lots 5 and 10. Upon recording of the Final Plat,
an easement over Lots 5 and 10 was granted to Soos Creek Water and Sewer District for sanitary sewer
purposes. Soos Creek Water and Sewer District shall be responsible for the maintenance of the sanitary
sewer facilities contained within said easements.
Section 8.10 Water Easement on Lot 8. Upon recording of the Final Plat, an easement over
Lot 8 was granted to Soos Creek Water and Sewer District for water purposes. Soos Creek Water and
Sewer District shall be responsible for the maintenance of the water facilities contained within said
easements.
Section 8.11 Utility Easement. Upon recording of the Final Plat, an easement was reserved
for and granted to Puget Sound Energy, Inc., Gas Company, Puget Sound Energy, Inc., Electric
Company, Centurylink Telephone Company, Comcast Cable Company, the City of Renton, Soos Creek
Water and Sewer District and other utility providers, and their respective successors and assigns under
and upon all private streets, alleyways and private access tracts, the exterior IO feet of all Lots and Tracts
parallel with and adjoining the street frontage and 5 feet adjoining private access tracts as depicted on the
Final Plat. The easements are reserved and granted in order to install, lay, construct, renew, operate and
maintain underground pipe, conduit, cables, wires, vaults and pedestals with necessary facilities and other
equipment for the purpose of serving the Real Property and other property with electric, telephone, gas,
telecommunications, data transmission, street lights and utility service together with the right to enter
upon the Lots and Tracts at all times for the purposes herein stated. These easements entered upon for
these purposes shall be restored as near as possible to their original condition. No lines or wires for
transmission of electric current, or for telephone, cable television, telecommunications or data
transmission uses shall be placed or permitted to be placed within this easement unless the same shall be
underground. No permanent structure shall be placed by the Lot Owner within the easements without
permission from easement owners.
ARTICLE 9. INSURANCE; CASUALTY LOSSES; CONDEMNATION
Section 9.1 Insurance Coverage. The Association shall, subject to change by Association
Actions, maintain at all times as an Association expense a policy or policies and bonds written by
companies licensed to do business in Washington providing:
(a) Insurance against loss or damage by fire and other hazards covered by the
standard extended coverage endorsement in an amount as near as practicable to the full insurable
replacement value (without deduction for depreciation) of the Common Areas, with the Association
named as insured as trustee for the benefit of Owners and Mortgagees as their interests appear.
(b) General comprehensive liability insurance with a combined single limit of
$1,000,000 insuring the Association, the Owners, and Declarant against any liability to the public or to
the Owners and their guests, invitees, licensees, or tenants, incident to the ownership or use of the
Common Areas.
(c) Worker's compensation insurance to the extent required by applicable laws.
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{02943439.DOC;I }
( d) Such other insurance as the Association deems advisable; provided, that
notwithstanding any other provisions herein, the Association shall continuously maintain in effect
casualty, flood, and liability insurance and a fidelity bond meeting the insurance and fidelity bond
requirements for similar projects established by Federal National Mortgage Association, Governmental
National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority,
and Veterans Administration, so long as any of them is a Mortgagee or Owner, except to the extent such
coverage is not available or has been waived in writing by such agencies.
Section 9.2 Casualty Losses. In the event of substantial damage to or destruction of any of
the Common Areas, the Association shall give prompt written notice of such damage or destruction to the
Owners and to the holders of all First Mortgages. Insurance proceeds for damage or destruction to any
part of the Common Areas shall be paid to the Association as a trustee for the Owners, or its authorized
representative, including an insurance trustee, which shall segregate such proceeds from other funds of
the Association.
Section 9.3 Condemnation. In the event any part of the Common Areas is made the subject
matter of any condemnation or eminent domain proceeding, or is otherwise sought to be acquired by any
condemning authority, the Association shall give prompt notice of any such proceeding or proposed
acquisition to the Owners and to the holders of all First Mortgages who have requested from the
Association notification of any such proceeding or proposed acquisition. All compensation, damages, or
other proceeds therefrom, shall be payable to the Association.
ARTICLE 10. ENFORCEMENT
Section 10.1 Right to Enforce. The Association, Declarant, or any Owner shall have the right
to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions,
reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration.
Section 10.2 Remedies Cumulative. Remedies provided by this Declaration are in addition
to, cumulative with, and are not in lieu of, other remedies provided by law. There shall be, and there is
hereby created, a conclusive presumption that any breach or attempted breach of the covenants,
conditions, and restrictions herein cannot be adequately remedied by an action at law or exclusively by
recovery of damages.
Section 10.3 Covenants Running with the Land. The covenants, conditions, restrictions,
liens, easements, enjoyment rights, and other provisions contained herein are intended to and shall run
with the land and shall be binding upon all persons purchasing, leasing, subleasing, or otherwise
occupying any portion of the Real Property, their heirs, executors, administrators, successors, grantees,
and assigns. All instruments granting or conveying any interest in any Lot shall be subject to this
Declaration.
ARTICLE 11. AMENDMENT AND REVOCATION
Section 11.1 Amendment by Declarant or Association. Declarant may, on its sole signature,
during the Declarant Control Period, amend this Declaration. This Declaration may also be amended at
any time by an instrument executed by the Association for and on behalf of the Owners, provided,
however, that such amendments shall have received the prior approval of a vote of the Owners having
sixty percent (60%) of the total outstanding votes in the Association; and provided, further, that no such
amendment shall be valid during the Declarant Control Period without the prior written consent of the
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{02943439.DOC;l }
Declarant. Notwithstanding any of the foregoing, the prior written approval of fifty-one percent (51%) of
all Mortgagees who have requested from the Association notification of amendments shall be required for
any material amendment to the Declaration or the Association's Bylaws of any of the following: voting
rights; assessments, assessment liens, and subordination of such liens; reserves for maintenance, repair,
and replacement of Common Areas; insurance or fidelity bonds; responsibility for maintenance and
repair; reallocation of interest in the Common Areas; leasing of Lots other than as set forth herein;
imposition of any restrictions on the right of an Owner to sell or transfer his Lot; a decision by the
Association to establish self-management when professional management had been required previously
by an eligible Mortgagee; any action to terminate the legal status of the Association after substantial
destruction or condemnation occurs; or any provisions which are for the express benefit of Mortgagees or
eligible insurers or guarantors of First Mortgages.
Section 11.2 Effective Date. Amendments shall take effect only upon recording in the official
real property records of King County, Washington.
ARTICLE 12. GENERAL PROVISIONS
Section 12.1 Taxes. Each Owner shall pay without abatement, deduction, or offset, all real
and personal property taxes, general and special assessments, including local improvement assessments,
and other charges of every description levied on or assessed against his Lot, or personal property located
on or in the Lot. The Association shall likewise pay without abatement, deduction, or offset, all of the
foregoing taxes, assessments, and charges levied or assessed against the Common Areas.
Section 12.2 Non-Waiver. No waiver of any breach of this Declaration or failure to enforce
any covenant of this Declaration shall constitute a waiver of any other breach, whether of the same or any
other covenant, condition, or restriction.
Section 12.3 Attorneys' Fees. In the event of a suit or action to enforce any provision of this
Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccessful party in such
suit or action shall pay to the prevailing party all costs and expenses, including title reports, and all
attorney's fees that the prevailing party has incurred in connection with the suit or action, in such amounts
as the court may deem to be reasonable therein, and also including all costs, expenses, and attorneys' fees
incurred in connection with any appeal from the decision of a trial court or any intermediate appellate
court.
Section 12.4 No Abandonment of Obligation. No Owner, through his non-use of any
Common Area, or by abandonment of his Lot, may avoid or diminish the burdens or obligations imposed
by this Declaration.
Section 12.5 Captions. The captions of the various articles, sections and paragraphs of this
Declaration are for convenience of use and reference only and do not define, limit, augment, or describe
the scope, content or intent of this Declaration or any parts of this Declaration.
Section 12.6 Severability. Invalidation of any one of these covenants, conditions, restrictions,
easements, or provisions by judgment or court order shall in no way affect any other of the same, all of
which shall remain in full force and effect.
Section 12.7 Notices. All notices, demands, or other communications ("Notices") permitted
or required to be given by this Declaration shall be in writing and, if mailed postage prepaid by certified
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{02943439.DOC;l }
or registered mail, return receipt requested, shall be deemed given three days after the date of mailing
thereof, or on the date of actual receipt, if sooner; otherwise, Notices shall be deemed given on the date of
actual receipt. Notice to any Owner may be given at any Lot owned by such Owner; provided, however,
that an Owner may from time to time by Notice to the Association designate such other place or places or
individuals for the receipt of future Notices. If there is more than one Owner of a Lot, Notice to any one
such Owner shall be sufficient. The address of Declarant and of the Association shall be given to each
Owner at or before the time he becomes an Owner. If the address of Declarant or the Association shall be
changed, Notice shall be given to all Owners.
Section 12.8 Indemnification. The Association shall indemnify every officer and director
authorized to act on behalf of the Association by the Board or by this Declaration against any and all
expenses, including counsel fees, reasonably incurred by, or imposed upon, any officer and director in
connection with any action, suit or proceeding if approved by the then Board to which he or she may be a
party by reason of being or having been an officer and director. The officers and directors shall not be
liable for any mistakes 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 and directors may also be members of the
Association), and the Association shall indemnify and forever hold each officer and director free and
harmless against any and all liability to others on account of any such contract or commitment. The
Association shall, as a Common Expense, maintain adequate general liability and officers' and directors'
liability insurance to fund this obligation.
Section 12.9 Applicable Law. This Declaration shall be construed in all respects under the
laws of the State of Washington.
[SIGNATURE ON NEXT PAGE]
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{02943439.DOC;l }
IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration the day and
year first above written.
STATE OF WASHINGTON
COUNTY OF KING
ss.
Henley USA LLC
By: Vanessa Normandin
Its: Chief Operating Officer
On this day personally appeared before me Vanessa Normandin, to me known to be the Chief
Operating Officer of Henley USA LLC, the limited liability company that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
said limited liability company, for the uses and purposes therein mentioned, and on oath stated that she is
authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said limited
liability company.
GIVEN under my hand and official seal this __ day of ________ , 2015.
-24-
{02943439.DOC;I )
NOT ARY PUBLIC in and for the
State of Washington, residing
at _______________ _
My commission expires _______ _
LEGAL DESCRIPTION
PARCEL A
THE EAST 185.35 FEET OF THE WEST HALf OF LOT 3, BLOCK 2, NORTHWESTERN GARDEN TRACTS, DMSION
NUMBER 4, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 47 OF PLATS, PAGE 74, IN KING
COUNTY, WASHINGTON;
EXCEPT THE WEST 92.675 FEET THEREOF;
TOGETHER WITH THE EAST HALF OF LOT 3, BLOCK 2, NORTHWESTERN GARDEN TRACTS, DIVISION NUMBER 4,
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 47 OF PLATS, PAGE 74, IN KING COUNTY,
WASHINGTON;
EXCEPT THE EAST 300 FEET THEREOF.
PARCEL B
THE WEST HALF OF LOT 3, BLOCK 2, NORTHWESTERN GARDEN TRACTS, DMSION NUMBER 4, ACCORDING TO
THE PLAT THEREOF, RECORDED IN VOLUME 47 OF PLATS, PAGE 74, IN KING COUNTY, WASHINGTON;
EXCEPT THE WEST 129.52 FEET THEREOF;
EXCEPT THE EAST 92.675 FEET THEREOF.
PARCEL C
LOT 4, BLOCK 2, NORTHWESTERN GARDEN TRACTS, DIVISION NUMBER 4, ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 47 OF PLATS, PAGE 74, IN KING COUNTY, WASHINGTON.
PARCEL D
LOT 5, BLOCK 2, NORTHWESTERN GARDEN fRACTS, DIVISION NUMBER 4. ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 47 OF PLATS, PAGE 74, IN KING COUNTY, WASHINGTON.
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{02943439.DOC;I )
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{02943439.DOC;I }
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-26-
=======----------~----------~-------·-i,
I, KIM WYMAN, Secretary of State of the State of Washington and custodian of its
seal, hereby issue this
CERTIFICATE OF INCORPORATION
to
BROOKGROVE HOMEOWNERS ASSOCIATION
a/an WA Non-Profit Corporation. Charter documents are effective on the date indicated
below.
Date: 7/21/2015
UBI Number: 603-525-696
Given under my hand and the Seal of the State
of Washington at Olympia. the State Capital
~~
Kim Wyman. Secretary of State
Date Issued: 7/21/2015
RECEIVED
NOV 11 2015
PIL~b
JUI 21 2015
WA SECRETARY OF STATE
( 1 (;
~;(! -::> 5 2 z_-~ { r
ARTICLES OF INCORPORATION
OF
BROOKGROVE HOMEOWNERS ASSOCIATION
THE UNDERSIGNED, acting as the incorporator of the nonprofit corporation under the
provisions of the Washington Nonprofit Corporation Act (Revised Code of Washington Section
24.03 et seq.) hereby adopts the following Articles oflncorporation. ·
ARTICLE I
NAME
The name of this nonprofit corporation is Brookgrove Homeowners Association (the
"Association").
ARTICLE II
DURATIQN
The duration of the Association is perpetual.
ARTICLE III
PURPOSES
The Association is organized to be and constitute the Association to which reference is
made in the Declaration -Of C-Ovenants, Conditions, .and Restrictions for Brookgrove (the
"Declaration") recorded or to be recorded in the Records of King County, Washington, to
perform all obligations and duties of the. Association, to exercise all rights and powers of the
Association, and to do such other things as may be necessary or convenient to accomplish the
purposes of the Association, as specified in the Declaration, the Association's Bylaws,
Governing Documents, and as provided by law.
ARTICLE IV
LIMITATIONS
No part of the net earnings of the Association shall inure in whole or in part to the
benefit of, or be distributable to its members, directors, officers, or other private persons, except
that the Association shall be authorized and empowered to pay reasonable compensation for
services rendered and to make payments and distributions in furtherance of the purposes set
forth in these Articles. The Association shall not engage in a regular business of the kind carried
on for profit ..
ARTICLEV
DIRECTORS
A Board of Directors (the "Board") shall administer the functions of this Association.
The number of directors of the Association shall be fixed by the Bylaws. The qualifications,
terms of office and manner of selection of the directors, together with a time and place of their
{02858426.DOC;I }
meeting, shall be prescribed by the Bylaws of the Association and the Declaration.
The names and addresses of the persons who shall serve as directors until the first annual
meeting of the members after termination of the Development Period and until his/her successor
is elected and qualified, unless he/she resigns or is removed, are:
Vanessa Normandin
1110 I 12th Ave NE, Suite 202
Bellevue, WA 98004
LisaCavell
1110 I 12th Ave NE, Suite 202
Bellevue, WA 98004
Barbara Y arington
1110 112th Ave NE, Suite 202
Bellevue, WA 98004
ARTICLE VI
INDEMNIFICATION
The Association shall indemnify every officer and director authorized to act on behalf of
the Association by the Board or by the Declaration against any and all expenses, including
counsel fees, reasonably incurred by, or imposed upon, any officer and director in connection
with any action, suit or proceeding if approved by the then Board to which he or she may be.a
party by reason of being or having been an officer and director. The officers and directors shall
not be liable for any mistakes 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 and directors
may also be Members of the Association), and the Association shall indemnify and forever hold
each officer and director free and harmless against any and all liability to others on account of
any such contract or commitment. The Association shall maintain adequate general liability and
officers' and directors' liability insurance to fund this obligation.
ARTICLE VII
DISSOLUTION
The Association may be dissolved in a manner not inconsistent with the Declaration or
the Washington Nonprofit Corporation Act as they are now written or as they may hereafter be
amended from time to time. Any such dissolution shall require the affirmative vote of not less
than two-thirds (2/3) of the votes which members present or represented by proxy at a duly
called meeting of the members are entitled to cast. Upon the dissolution of the Association,
other than incident to a merger or consolidation, (i) all liabilities and obligations of the
Association shall be paid, satisfied and discharged, or adequate provision shall be made
therefor; (ii) the remaining net assets of the Association may be distributed to the members as
(02858426.DOC;l l
provided by the Washington Nonprofit Corporation Act.
ARTICLE VIII
REGISTERED AGENT ·
The registered office of the Corporation is 524 Second Avenue, Suite 500, Seattle,
Washington 98104-2323, and the initial registered agent at such address is Cairncross &
Hempelmann, P.S.
ARTICLE IX
NAME OF INCORPORATOR
The name of the incorporator is Randall P. Olsen. His address is 524 Second Avenue, Suite
500, Seattle, Washington 98104-2323.
Executed on July 21, 2015.
Randall P. Olsen, Incorporator
(02858426. DOC;J I
CONSENT TO SERVE AS REGISTERED AGENT
Caimcross & Hempelmann, P.S. ("C&H"), hereby consents to serve as Registered Agent in
the State of Washington for Brookgrove Homeowners Association. C&H understands that as
agent for the corporation, it will be its responsibility to receive service of process in the name of the
corporation; to forward all mail to the corporation; 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 corporation for which it is agept.
July 21, 2015
(date)
NAME OF REGISTERED AGENT:
ADDRESS OF REGISTERED AGENT:
( 02858426. DOC; I )
CAIRNCROSS & HEMPELMANN, P.S.
Cairncross & Hempelmann, P.S.
524 Second Avenue, Suite 500
Seattle, Washington 98104-2323
LIMITED LIABILITY COMP ANY AGREEMENT
OF
HENLEY USA LLC
RECEIVED
NOV 11 2015
CITY OF RENTON
PlANNING DIVISION
This Limited Liability Company Agreement ("Agreement") is between Henley USA LLC, a Washington
limited liability company (the "Company"), and Henley USA Pty Ltd, an Australia proprietary company
limited by shares, as trustee of the Henley USA Unit Trrn,-i, an Australian unit trust established by a deed
dated Ave.» !!.., 2010("Member").
SECTION 1 DEFINITIONS
"Act" means the Washington Limited Liability Company Act, as amended from time to time.
"AUD" means Australian dollars.
"Capital Pro,,ee<ls" means the gross cash receipts received by lhe Company from a Capital
Transaction.
"Capital Transactionu means a transaction not in the ordinary course of business -other than a
contribution or loan to the Company-which results in the Company's receipt of cash or other
consideration including but not limited to proceeds of sales, exchanges, or other dispositions of
property, financings, refinancings, condemnations, damage awards, and insurance proceeds and that
consideration is;
(a) for property disposed at a price below its current book value as shown in the Company's
accounts with a market value greater than AUDl,000,000 or equivalent; or
{b) in excess of AUD5,000,000 or equivalent.
"Certificate of Formation" means the certificate referred to in RCW 25.15.070, and the certificate
as amended.
"Group Agreement" means the Governance Agreement for the Henley Properties Group dated 17
September 2009 between Henley Arch Pty Ltd, Sumitomo Forestry Australia Pty Ltd, Sumitomo
Forestry Co., Limited, Robert Evan Bowen, John Edward Harvey, Peter Anthony Hayes, Herriard Ply
Ltd, Kai inda Bay Pty Ltd and Wilstead No. 5 Pty Ltd.
"Henley Properties Group" has the meaning given to that term in the Group Agreement.
"Majority of Managers" means:
(c) the Manager, if the Company has one Manager; and
(d) a majority of the Managers then holding office, if the Company has more than one Manager.
"Manager" means a person designated in accordance with Section 5.l(a).
"'Units" means units that evidence an ownership interest in the Company.
I -HENLEY USA LLC LIMITED LIABILITY COMP ANY AGREEMENT
PDX/1219J8/1751241MAfilS8l3S43 4
"USD" or"$" means United States dollars.
SECTI0N2 COMPA.t~Y
2.1 Company Information. Schedule 2.1 sets forth the following Company information:
(a) the number of Units owned by Member;
(b) Member"s contribution to the Company, together with the date and value of the
contribution;
( c) the name of each Manager; and
(d) the address of the Company, Member, and each Manager.
2.2 Amendment. The Company will promptly amend and restate S£!1<:4!!!!l.ll to account for
any changes in the information set forth on Schedule 2.) resulting from matters that occur in
accordance with the Act, the Certificate of Formation, and this Agreement. Upon an
amendment, the Company will promptly deliver to Member a copy of the amended and
restated Schedule 2.1.
2.3 Group Governance. The parties acknowledge that this Agreement is intended to be
construed cmrnistently with and subject to the terms of the Group Agreement. To the fullest
extent permitted by law, in the event of any inconsistency between the terms of this
Agreement and the Group Agreement, the terms of the Group Agreement will prevail and the
Managers and Member will exercise all their voting and other rights and powers available to
them so as to give effect to the provisions of the Group Agreement and will, if necessary,
procure the required amendment to this Agreement.
SECTI0N3 NATURE OF BUSINESS PERMITTED -POWERS
3.1 Purposes. The Company may carry on any lawful business unless a more limited purpose is
set forth in the Certificate of Fonnatinn.
3.2 Powers. Unless the Act, its Certificate of Formation, or this Agreement provides otherwise,
the Company has the same powers as an individual to do all things necessary or convenient
to carry out its business and affairs.
SECTI0N4 MEMBER
4.1 Voting. The affirmative vote, approval, or consent of Member, acting in accordance with the
Group Agreement, will be required to:
(I) amend this Agreement, except that the Company may amend Schedule 2.1 in
accordance with~ without the consent of Member;
(2) authorize a Manager, Member, or other person to do any act on behalf of the
Company that contravenes this Agreement, including any provision of this
Agreement which expressly limits the purpose, business, or affairs of the
Company or the conduct thereof,
2 -HENLEY USA LLC LIMITED LIABILITY COMPANY AGREEMENT
PDX/121938/115124/MAH/5813&43.4-
(3) if a dissolution date is specified in the Cenificate of Formation, amend the
Cenificate of Formation and extend the existence of the Company;
(4) sell, lease, exchange, mortgage, pledge, or transfer or dispose of all, or
substantially all, of the Company's property;
(5) fix the compensation ofa Manager;
(6) enter into a voluntary Capital Transaction;
(7) make expenditure on any one item in excess of AUDl,000,000 or equivalent or a
series of related expenditures in excess of AUD5,000,000 or equivalent;
(8) enter into a contract if:
(A) the contract involves the payment of more than AU05,000,000 or
equivalent by or to the Company; or
(B) the contract may not be terminated by the Company upon sixty (60) or
fewer days' notice for any or no reason without any additional liability
arising out of or resulting from the termination;
(9) merge the Company with any other entity;
( 10) incur indebtedness other than in the ordinary course of the business of the
Company;
(11) enter into a transaction involving an actual or a potential contlict of interest
between Member or a Manager and the Company; or
(12) change the nature of the Company's business.
4.2 Action Without Meeting. Action requiring the consent of Member may be taken without a
meeting or a vote. 1be taking of action by Member without a meeting or vote must be
evidenced by one or more consents, each in the form of a record describing the action taken,
executed by Member, and delivered to the Company for inclusion in the minutes or filing
with the Company records, which consent will be set forth in an executed record.
4.3 Liability of Member and Managers to Third Parties. Except as otherwise provided by the
Act, the debts, obligations, and liabilities of the Company, whether arising in contract, tort or
otherwise, will be solely the debts, obligations, and liabilities of the Company, and neither
Member or any Manager of the Company will be obligated personally for any such debt,
obligation, or liability of the Company solely by reason of being a member or acting as a
Manager of the Company.
4.4 Records and Information.
(a) The Company wiU keep at its principal place of business the following:
(I) a current and a past list, setting forth the full name and Inst known mailing
address of Member and each Manager;
3 ·-HENLEY USA LLC LIMITED UAB!Lr!Y COMPANY AGREEMENT
PDX/121938/175124/MAH/5813843.4
(2) a copy of its Certificate of Formation and all amendments to the Cenificate of
Formation;
(3) a copy of this Agreement and all amendments lo this Agreement, and a copy of
any prior agreemenls no longer in effect;
(4) a copy of the Company's federal, state, and local tax ret,uns and reports, if any,
for the three most recent years; and
(5) a copy of any financial statements of the Company fort he three most recent
years.
(b) The records required by Section 4.4(a)to be kept by the Company are subject to
inspection and copying at the reasonable request, and at the expense, of Member
during ordinary business hours. Member's agent or attorney has the same inspection
and copying rights as Member.
(c) Each Manager wiU have the right to examine all of the information described in
Section 4 4/aj for a purpose reasonably related to the Manager's position as a
Manager.
( d) The Company may maintain its records in other than a written form if such form is
capable of conversion into written form within a reasonable time.
SECTIONS MANAGEMENT AND MANAGERS
5.1 Management.
(a) Management of the Company is vested in one or more Managers. lfthere is more than
one Manager, the signature of any one Manager on an agreement to which the
Company is a party shall be sufficient to bind the Company. Except as otherwise
provided in the Act, the Certificate of Formation, this Agreement or the Group
Agreement, such persons will have the power to manage the business and affairs of the
Company. Such persons:
(I) will be designated, appointed, clocted, removed, orreplaced by a vote, approval,
or consent of Member from time to time acting in accordance with the Group
Agreement;
(2) need not be members of the Company or natural persons; and
(3) unless they have been earlier removed or have earlier resigned, will hold office
until their successors are appointed, elected and qualified.
(b) Member, acting solely in the capacity as a member, is not an agent of the Company.
5.2 Liability of Managers and Member. Neither Member nor any Manager will be liable,
responsible, or accountable in damages or otherwise to the Company or to Member for any
action taken or failure to act on behalf of the Company unless such act or omission
constitutes gross negligence, intentional misconduct, or a knowing violation of law.
4 -HENLEY USA LLC LIMITED LIABILI1Y COMPANY AGREEMENT
POX/12 I 93&/175 124/MAH/5813843.4
5.3 Manager -Member's Rights aod Duties. If Member is a Manager, Member has the rights
and powers, and is subject to !he restrictions and liabilities, of a Manager and also has the
rights and powers, and is subject to the restrictions and liabilities, of a member to the extent
of the person's participation in the Company as a member.
5.4 Voting. Unless this Agreement or the Group Agreement (including, without limitation,
clause 4.5(h) of the Group Agreement) provide otherwise, the affirmative vote, approval, or
consent of a Majority of Managers will be required to decide any matter connected with the
business and affairs of the Company.
5.5 Action Without Meeting.
(a) Action requiring the consent of Managers may be taken without a meeting if the action
is taken by all Managers entitled to vote on the action.
(b) The action must be evidenced by one or more consents describing the action taken,
executed by those Managers taking the action either before or after the action taken,
and delivered to the Company for inclusion in the minutes or filing with the Company
records, each of which consents will be set forth either in an executed record.
5.6 Reliance on Reports and Information by Member or Manager. In discharging the duties
ofa Manager or a member, Member or a Manager of the Company is entilled to rely in good
faith upon the records of the Com()311y and upon such information, opinioos, reports, or
statements presented to the Company by Member or any of its other Managers, officers,
employees, or committees of the Company, or by any other person, as to matters Member or
the Manager reasonably believes are within such other person's professional or expert
competence and who has been selected with reasonable care by or on behalf of the Company,
including information, opinions, reports, or statements as to the value and amount of the
assets, liabilities, profits, or losses of the Com()311y or any other facts pertinent to the
existence and amount of assets from which distributions to Member might properly be paid.
5.7 Resignation of Manager. A Manager has the right to re.sign a~ a Manager of the Company.
5.8 Loss or Sole Remain lag Manager. Member must appoint in accordance with the Group
Agreement one or more Managers within 90 days after the death, resignation, or removal of
the sole remaining Manager, provided that Member's failure lo do so will not cause the
Company to become member-managed. The bankruptcy, incapacity, or dissolution of a
Manager will not. by itself, affect the Manager's status as a Manager.
5.9 Business Transactions of Member or Manager With the Company. Except as provided
in this Agreement or the Group Agreement, Member or a Manager may lend money to, act as
a surety~ guarantor, or endorser for, guarantee or assume one or more specific obligations of,
provide collateral for, and transact other business with the Company and, subject to other
applicable law, has the same rights and obligations with respect to any such matter as a
person who is not Member or a Manager.
5.10 Limitation of Liability and Indemnification.
(a) To the extent permitted by law, the Company indemnifies and must keep indemnified
each person who is or has been Manager against:
5 -HE);LEY USA LLC LIMITED LIABILITY COMP A:KY AGREEMENT
PDX/l21938/175I24IMAH/5&13843.4
(1) liability incurred by that person as Manager of the Company or a subsidiary of
the Company; and
(2) legal costs incurred by that person in defending an action for liability described
in Section 5.10(a)(I ).
(b) To the extent permitted by law, the Company may make a payment (whether by way of
advance, loan or otherwise} to a person who is or has been Manager in respect of legal
costs described in Sectio~.
(c} To the extent pennitted by law, the Company may pay, or agree to pay, a premium for
a contract insuring each person who is or has been Manager again.st:
(I) liability described in ~\ion 5.IO(a)(l); and
(2) legal costs described in Section 5.lQ(a)(2).
SECTION6 CONTRIBUTIONS
6.1 Form of Contribution. 1be contribution of Member to the Company may be made in cash,
property or services rendered, or a promissory note or other obligation to contribute cash or
property or lo perform services.
6.2 Liability for Contribution. The obligation of Member to make a contribution or return
money or other property paid or distributed in violation of the Act may be compromised only
by consent of Member.
6.3 Initial Contribution. Member will, on or before the date of Member's contribution set forth
on Schedule 2.1 ;
(a) contribute to the Company the contribution of Member set forth on Smedule 2.1; and
(b) deliver to the Company such deeds. bills of sale, certificates ohitle, assignments, and
other documents that the Company may reasonably request for the contribution. in
fonn and substance reasonably satisfactory to the Company.
6.4 Additional Contributions. Member is not required to make any additional contributions to
the Company.
6.5 No Interest on Contributions. Member will not be paid any interest on any contribution.
6.6 Return of Contributions. Except as otherwise provided in this Agreement, Member will
not have the right to receive any return of any contribution.
SECTI0N7 ALLOCATION OF PROFlTS AND LOSSES
7.1 Allocation of Profits and Losses. The profits and losses of the Company will be allocated
to Member.
6-HENLEY USA I.LC LIMITED LIABILITY COMPANY AGREEMENT
PDX11219Jll/l75f24IMAH/5813843 4
7.2 Distributions In-Kind. The profits or losses of the Company attributable to any asset in-
kind that is distributed to Member will be determined as if the asset had been sold at ils fair
market value before the dissolution and winding up of the Company.
SECTIONS ACCOUNTING, TAXES, AND BANKING
8.1 Books of Account. The Company will keep complete and accurate books of account and
records in a manner sufficient to effect and carry out this Agreement. The books of account
and records will be kept in accordance with sound accounting practices consistently applied.
8.2 Bank Accounts. All Company funds will be deposited in one or more bank accounts in the
Company's name. The Managers will determine the banks, the types of accounts, and the
individuals who have authority with respect to the accounts. Company funds will not be
commingled with the funds of Member or any Manager.
8.3 Tax Returns. The Company will cause to be prepared all federal, state, and local income
tax retums for the Company. Within 90 days after the end of a taxable year, the Company
will deliver to Member:
(a) any financial statements of the Company for the taxable year;
(b) a statement showing the share of Company income, gain. loss, credit, and deduction for
income tax purposes allocated to Member for the taxable year; and
(c) any other information concerning the Company that Member may require to complete
Member's federal, state, and local income tax returns.
8.4 Reporting. Member will report Member's share of Company income, gain, loss, credit, and
deduction for income tax purposes in a manner consistent with this Agreement.
SECTION9 DISTRIBUTIONS
9.1 Allocation of Distributions. Except as otherwise provided in Section 10.3, distributions of
cash or other assets of the Company will be allocated to Member.
9.2 Interim Distributions. Except as provided in the Act, Member is entitled to receive from
the Company distributions before the dissolution and winding up of the Company to the
extent and at the times as Member may determine.
9.3 Capital Proceeds. Capital Proceeds will be distributed and applied by the Company in the
following priority:
(a) to secured creditors, including Member and Managers who are secured creditors, in
satisfaction of secured liabilities of the Company arising out of the Capital Transaction
from which the Company received the Capital Proceeds, whether by payment or the
making of reasonable provision for payment thereof;
(b) to the establishment of any reserves which the Managers deem appropriate for any
other liabilities of the Company;
7 -HENLEY USA LLC LIMITED LIAB!LITY CO)..JPANY AGREEMENT
POX/121938/175 T24/MAH/S8 t 3843.4
(c) to Member.
9.4 Distribution In-Kind.
(a) Member, regardless of the nature of Member's contribution, has no right to demand
and receive any distribution from the Company in any form other than cash.
(b) lbe value of any asset in-kind that is distributed will be the fair market value of the
asset as of the date of distribution.
9.5 Limitations on Distribution. The Company may not make a distribution to Member to the
extent that such distribution would result in breach of any applicable law.
SECTION 10 DISSOLUTION
10.l Dissolution. The Company will be dissolved and its affairs will be wound up upon the first
to occur of the following:
(a) the dissolution date, if any, specified in the Certificate of Formation;
(b) the written consent of Member;
( c) 90 days following an event of dissociation of Member, unless those having the rights
of assignees in the Company under RCW 25.15.130(1) have, by the 90"' day, voted to
admit one or more members, voting as though they were members, and in the manner
set fonh in RCW 25.15.120(1);
(d) the entry of a decree of judicial dissolution under RCW 25.15.275; or
(e) the expiratioo of three years after the effective date of dissclution under RCW
25.15.285 without the reinslatement of the Company.
10.2 Winding Up.
(a) Subject to the Group Agreement, the Managers who have not wrongfully dissolved the
Company may wind up the Company's affuirs.
(b) Upon dissolution of the Company and until the filing of a cenificate of cancellation as
provided in RCW 25.15.080, the persons winding up the Company's affairs may, in the
name of, and for and on behalf of, the Company, prosecute and defend suits, whether
civil, criminal, or administrative, gradually settle and close the Company's business,
dispose of and convey the Company's property, discharge or make reasonable
provision for the Company's liabilities, and distribute to Member any remaining assets
of the Company.
10.3 Distribution of Assets.
Upon the winding up of the Company, the assets will be distributed, and reasonable
provision for liabilities shall be made, all in a manner consistent with RCW 25.15.300 as
amended from time to time, or any successor statute.
8 -HENLEY USA LLC LIMITED LIABILITY COMPANY AGREEMENT
PDX/121938/175124/MAH/581 3&43.4
SECTI0Nll GENERAL
11.1 Binding Effect. This Agreement will be binding on the parties and their respective heirs,
personal representatives. successors, and permitted assigns, and will inure to their benefit.
11.2 Notices. All notices or other communications required or permitted by this Agreement:
(a} must be in writing;
(b) must be delivered to the parties at the addresses set forth on Schedule 2 .. 1, or any other
address that a party may designate by notice to the other party; and
(c) are considered delivered when actually received.
11.3 Waiver. No waiver will be binding on a party unle.~ it is in writing and signed by the party
making the waiver. A party's waiver of a breach of a provision of this Agreement will not be
a waiver of any other provision or a waiver of a subsequent breach of the same provision.
11,4 Severability. If a provision of this Agreement is determined to be w1enforceable in any
respect, the enforceability of the provision in any other respect and of the remaining
provisions of this Agreement will not be impaired.
11.5 Further Assurances. The parties will sign other documents and take other actions
reasonably necessary to further effect and evidence this Agreement.
11.6 No Third-Party Beneficiaries. The parties do not intend to confer any right or remedy on
any third party.
11.7 Attachments. Any exhibits, schedules, and other attachments referenced in this Agreement
are part of this Agreement
11.8 Remedies. The parties will have all remedies available to them at law or in equity. All
available remedies are cumulative and may be exercised singularly or concurrently.
11.9 Governing Law. TI1is Agreement is governed by the Jaws of the State of Washington,
without giving etfoct to any conflict-of-law principle that would result in the laws of any
other jurisdiction governing this Agreement.
11.10 Venue. Any action or proceeding arising out of this Agreement will be litigated in courts
located in King County, Washington. Each p-.my irrevocably consents and submits to the
jurisdiction of any local, state, or federal court located in King Cow1ty, Washington.
11.11 Attorney's Fees. ff any arhitration or litigation is instituted to interpret, enforce, or rescind
this Agreement, including but not limited to any proceeding brought under the United States
Bankruptcy Code, the prevailing party on a claim will be entitled to recover with respect to
the claim, in addition to any other relief awarded, the prevailing party's reasonable attorney's
fees and other fees, costs, and expenses of every kind incurred in connection with the
arbitration, the litigation, any appeal or petition for review, the collection of any award, or
the enforcement of any order, as determined by the arbitrator or court.
9 -HENLEY USA LLC LIMITED LIABILITY COMPANY AGREEMENT
?DX/1219"38/175124/MAH/5813843.4
11.12 Entire Agreement. This Agreement contains the entire understanding of the parties
regarding the subje<:t matter of this Agreement and supersedes all prior and contemporaneous
negotiations and agreements, whether written or oral, between the parties with respect to the
subject matter of this Agreement.
11.13 Single-Memh<,r Agreement. The parties understand that certain provisions or this
Agreement contemplate the Company having only one member. If for any reason the
Company has two or more members after the date of this Agreement, the Company
and the members will negotiate to amend thl• Agreement.
ll.14 General currency conversion. Each reference to an equivalent in one currency of an
amount denominated in another t-"1.trtency, except if some other currency conversion rate
agreed by the parties to the Group Agreement is to apply, means an amount determined by
applying the mid-rate of the Member's bank's spot buying and selling rates for the currencies
concerned at or about 11 :OOam Melbourne time on the business day immediately before the
date in respect of which the relevant equivalent needs to be determined.
Dated effective: August!] 2010
Company: Member:
Henley USA LLC Henley lJSA Pty Ltd,
a, trustee of the HENLEY USA UNIT TRUST
4 "-~ ~A <..'IG--, Manager
Mamoru Inoue
10 -HENLEY USA LLC LIMffED LIABILITY COMP ANY AGREEMENT
PDX/121938/175124/MAH/58 l 3843.4
Bankruptcy Code, the prevailing party on a claim will be entitled to recover with respcci to the
claim, in addition to any other relief awarded, the prevailing party's reasonable attorney's fees
and other fees, costs, and expenses of every kind incurred in collDCCtion with the arbitration,
the litigation, any appeal or petition for review, the collection of any award, or the enforcement
of any or~. as determined by the arbitrator or court.
11.12 Entire Agreement. This Agreement contains the entire understanding of the parties regarding
the subject matter of this Agreement and supersedes all prior and contemporaneous
negotiations and agreements, whether written or oral, between the parties with respect to the
subject matter of this Agreement.
11. 13 Single-Member Agreement. The parties understand that certain provisions of this
Agreement contemplate the Company having only one member. ff for any reason the
Company IWI two or more members after the date or this Agreement, the Company and
the memben will negotiate to amend this Agreement.
11.14 General curre11cy conversion. Each reference to an equivalent in one currency of an amount
dwominated in another currency, except if some other cumncy conversion rate agreed by the
parties to tbe Group Agreement is to apply, means an amount determined by applying the mid-
rate oftbe Member's bank's spot buying and selling rates for the currencies concerned at or
about 11 :OOam Melbourne time on the business day immediately before the date in respect of
w:hich the relevant equivalent nttds to be dctcmrined.
Dated effective: August[], 2010
Co,, ~~P.11."" .1,'-",,,r..rr
Company: Member:
Henley USA LLC Henley USA Pty Ltd,
as trustee of the HENLEY USA UNIT TRUST
By: ______ _ By.~-----~
--------' Manager Its: ___ _
I consent to appointment as a Manager of Henley USA LLC.
Robert Evan Bowen John Edward Harvey
< ,h_.j//
Atsushi Kawamura ~<:----S_:;) ~
Mamoru Inoue
10 -HENLEY USA Ll.C I1MITED LIABILITY COMP ANY AGREEMENT
PDX/lll9381175124JMAH/S81J84J.4
SCHEDULE 2.1
Company Information as of Angu,t _, 2010
Member:
Name
Henley USA Pty Ltd,
trustee of the Henley
USA lJnitTrust
Managers,
Robert Evan Bowen
fohn Edward Harvey
Peter Anthony Hayes
Atsushi Kawamura
Tashiro Mitsuyoshi
Mamoru Inoue
Addresses,
Company:
cf. Henley Arch Pty Ltd
395 Femtrec Gully Road
Units
1,000,000
Mount Waverley, Victoria 3149
Australia
Fax: +613 9574 5042
Attn:-----·-·-·--
Member:
Henley USA Pty Lid, as truswe oflhe Henley
USA lJnit Trust
395 Femtree Gully Road
Mount Waverley. Victoria 3149
Australia
Fax: +613 9574 5042
Attn: Antony Blackshaw
Managers:
Robert Evan Bowen
or John Edward Harvey
or Peter Anthony Hayes
395 Femtree Gully Road
Mo\IDt Waverley, Victoria 3149
Australia
Fax: <613 9574 5042
Contribution
Cash (USrn .oo per unit)
1 -SCHEDULE 2. l: HENLEY USA LLC COMPMIY NFORMAT!ON
PDX/121938/175124/MAH/58 I 3843.4
Date of
Cootr"ibution $ Value of Contribution
August_, 2010 USD!,000,000
Atsushi Kawamura
or Tashiro Mitsuyoshi
or Mamoru Inoue
cl-Sumitomo Forestry Australia Ply Ltd
Suite 29, 195 Wellington Road
Clayton, Victoria 3168
Australia
Fax: +61 3 9545 0292
2 -SCHEDULE 2. l: HENLEY USA LLC COMPANY INFOIU,IA TJON
PDX/121938/t 75124/MAftrS!! 13843.4
Sole Member:
HENLEY USA LLC
MASTER BUSINESS APPLICATION
ATTACHMENT TO
SECTION 3.f
Henley USA Pty Ltd., as trustee of the Henley USA Unit Trust
c/o Mr. Antony Blackshaw
395 Ferntree Gully Rd.
Mount Waverly VIC 3149
Australia
Phone: 61 3 95745315
Date of Birth: n/a
SSN: n/a
Spouse Name: n/a
Spouse Date of Birth: n/a
Spouse SSN: n/a
Third Party AuthoriT..ation for EIN
I, ;[OH,. [1,..,~._,, H",u61 , in my capacity as Manager of Henley USA LLC, A Washington
limited liability company (the "Company") hereby authorize Schwabe, Williamson & Wyatt, P.C. to
apply for and receive the Employer Identification Number (EIN) on behalf of the Company.
I understand that the assigned EIN will be disclosed to Schwabe, William.son & Wyatt upon successful
completion of the online application and Schwabe, Williamson & Wyan is authorized to answer questions
about the IRS Form SS-4 on the Company's behalf.
Dated effective: August 17, 20 I 0.
I -AlITHORlZATION
POX/12l938/l 7S 124/CLG/6347563. l
"Company"
Henley USA LLC, a Washington limited
liability company
UNANL\IOVS CONSENT O_F THE MANAGERS
AND MEMBER OF HENLEY USA LLC ("Consent")
RECEIVED
NOV 11 2015
The following actions are taken by the unanimous consent of the Managers a,~~ ~~~ON
Henley USA LLC, a Washington limited liability company (the '"Company"), pursuant to Sections 4 an!151
N
5 of the Limited Liability Company Agreement of Henley USA LLC dated effective Aug11st 17. 2010,
which has since been amended by that ce,iain First Amendment to Limited Liability Company Agreement
of Henley USA LLC, dated effective .July 15, 2011, and that certain Second Amendment lo Limited
Liability Agreement of Henley USA LLC, dated effecti\'e July 15, 2011 (together ''Operating
Agreement").
Adoption of Third Amendment to Limited Liability Company Agreement of Henley USA LLC
WHEREAS, the Managers and Member wish to modify the voting requirements of the Company
and the powers given to the Senior Executives.
Wl IEREAS, pursuant to Section 4. l of the Operating Agreement, an affirmative vote, approval,
or consent of Member is required to amend the Operating Agreement.
WHEREAS, pursuant to Section 4.2 of the Operating Agreement, if an action requiring the
consent of Member is taken without a meeting or \'Ote then it must be evidenccd by a consent describing
the action taken and cxccut<:d by Member.
WHEREAS, pursuant to Section 5.5 of the Operating Agreement, an action requiring the consent
of Managers may be taken without a meeting if the action is taken by all the Managers entitled to vote and
evi<lcnce<l by a c01Lqcnt describing the action taken and executed by the Managers.
NOW THEREFORE, BE IT RESOLVED, that the Operating Agreement is hereby amended as
set forth in the "!bird Amendment to Limited Liability Company Agreement of Henley USA LLC,
attached hereto as Exhibit A (the "Third Amendment").
Appointment of Lisa Cavel! as Senior Executive to Undertake Certain Duties
WHEREAS, pursuant to Section 5. l(c) of the Operating A!,>rcement, the Managers may appoint
Senior Executives from time to time and limit or expand their authority accordingly.
WHEREAS, the Managers wish to appoint Lisa Cavel! as a Senior Executive as described herein.
NOW THEREFORF, BE IT RESOLVED, that Lisa Cavell is hereby appointed as a Senior
Executive and is conferred with the authority described in Section 5. l(c) of the Operating A6~·eement, as
amended, except as provided for herein;
RESOLVED, notwithstanding the above powers given, Lisa Cavel! shall have no authority as
Senior Executive to exercise the authority described in Section 5.l(c)(iv) of the Operating Agreement, as
amended by the Third Amendment;
RESOLVED, that the Senior Executive appointment described above shall continue until the
appointment is terminated by the Managers or until a successor is appointed by the Managers, whichever
occurs lirst; and
{(J22024%.DOL'X;2}
RESOLVED, that all acts taken by the Senior Executives on behalf of the Company and within
the scope of the Senim Executive's authority sec forth in the Operating Agreement, as amended, and this
Consent, prior lO the elfective date of these resolntions, are hereby affirn1ed, ratified and confirmed,
Execution of this Consent constitutes a written waiver of any notice required by the Company's
governing documents, or otherwise. This Consent may be executed in any number of countcrpans.
Dated effective: .February . __ , 2013
Robert Evan Bowen Atsushi Kawamura
,,///} t/ ';(. /_. 1 /'~7 ,
l'etlr J\nihpny llayes /, // T oshiro Mi tsu yoshi
( John Edwa) H
--------/
Kenji Inui
MEi\rffiER:
Henley USA Pty Ltd,
as trustee of the !JEN LEY lJSA UNfr TRUST
{Ol202496DOCX;2 }
2
RESOLVED, that all acts taken by the Senior Executives on behalf of the Company and within
the scope of the Senior Executive's authority set forth in the Operating Agreement, as amended, and this
Consent, prior to the effective date of these resolutions, are hereby af1lnned, ratified and confirmed.
Execution of this Consent constitutes a written waiver of any notice required by the Company's
governing documents, or otherwise. This Consent may be executed in any number of counterpa1ts.
Dated effective: February __ , 2013
MANAGERS:
/ I,._ ,/<
Robert Evan Bowen · Atsushi Kawamura
Peter Anthony Hayes
--~~~
Toshiro Mitsuyoshi
John Edward Haivey Kenji lnui
Henley USA Pty Ltd,
as trustee of the HENLEY USA UNIT TRUST
By: __________ _
lts: _____________ _
{02.:!02496.DOCX:2 l
2
RESOLVED, that all acts taken by the Senior Executives on behalf of the Company and within
the scope of the Senior Executive's authority set forth in the Operating Agreement, as amended, and this
Consent, prior to the effective date of these resolutions, are hereby aflinned, ratified and confirmed.
Execution of this Consent constitutes a written waiver of any notice required by the Company's
governing documents, or otherwise. This Consent may be executed in any number of counterparts.
Dated effective: February __ , 2013
MANAGERS:
Robert Evan Bowen
Pet~'!' Anthony Hayes
John Edward Harvey
MEMBER:
Henley USA Pry Ltd,
as trustee of the HENLEY USA UNIT TRUST
By: __________ _
!ts: _____________ _
f02202496JJOCX;2 }
Atsushi Kawamura
Tashiro Mitsu.yoshi ~ ·
"i/ . /1./. 2--o. /-f
Ken]MnuiT ..,
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EXHIBIT A
!SEE ATTACIIE:DJ
!D2202496.D0CX;2}
3
Tll!RD AMENDMENT TO
LJMITED LIABILITY COMPAi'IT AGREEMENT
OF HENLEY LSA LLC
TIIIS THIRD AMENDlvlENT TO LIMITED LI.ABILITY CO:vfPJ\NY AGREE:VIE:Vf OF
HENLEY USA LLC (this "Third Amendment") is dated as ofFebrnary ____ , 2013 ("Effective Date"),
and amends the tenns of that certain Limited Liability Company Agreement of Henley USA LLC, a
Washington limited liability company (the "Company"), dated effective August 17, 2010, as previously
amended by that certain First Amendment to Limited Liability Company Agreement of Henley USA LLC
dated effective as of July 15, 2011, and as previously further amended by that certain Second Amendment
to Limited Liability Company Agreement of Henley USA LLC dated effective as of July !5, 201 l
(collectively, the "Agreement"). All capitalized tenns not otherwise defined herein shall have the
meanings given !O them in the Agreement.
RECITALS
WHEREAS, the undersigned are the current Managers and Member of the Company; and
WHEREAS, in accordance with Sections 4. l(l) and 5. l(a) of the A1,>rcement, the Managers and
Member wish to amend the Agreement on the tenns set forth herein.
AGRlrnMENT
NOW, THEREfORE, the undersigned Managers and Member hereby amend the A6,reemcnt as
follows:
l. Voting. Sections 4.1(7) and 4. l(R) of the Agreement are hereby deleted in their entirety
and replaced with the following:
"(7) expend or unconditionally obligate the Company to expend more than
AUD 1,000,000 on the purchase of an individual buildable lot ofrcal property, not including an individual
buildable lot of real property that may be subdivided;
(8) expend or unconditionally obligate the Company to expend more than
AUD5,000,000 or equivalent in a single transaction or a series ofrclated transactions."
2_ !'!li!!lJ!RCmcm. Section 5_ l(c)(iv) of the Agreement is hereby deleted in its entirely and
replaced witl1 the following:
·'(iv) the Senior Executives authorized by Company resolution to exercise the authority
set forth in lhis Section 5.l(c)(iv) shall have the authority, upon the joint signature of all such Senior
Executives, subject to and in accordance with Section 4 of the Agreement. to enter into real estate
purchase and sale agreements and other contracts binding upon the Company."
The following is hereby added as Sections 5.1 (c)(vii) and 5. l(c)(viii) to the Agreement:
"(vii) any one of the Senior Executives shall have the authority lo execute purchase and
sale agreements and all closing documems including deeds for lhe sale of individual, improved real
property lots.
{02!992l4,D()<';2:
(viii) any one of the Senior Executives shall have the amhority, subject lo and in
accordance with Section 4 of the Agreement, to execute any and all building pcm1its, contracts,
entitlement applications or other documents, subdivision maps, casements, leases, or any other document
or agreement in the ordinary course of the Company's business."
3. Effect of A.Q1.§!!dmenL Except as expressly modified herein, all provisions of the
Agreement shall remain unchanged and in full force and effect.
4. Counterparts. This Amendment may be executed in counterparts (including by
facsimile andlor electronic transmission), each of which shall be deemed an ori;,~nal and all of which shall
constitute one and the same instrument.
[Remainder of page bhmk. Signatures only follow.]
{02199'.!J4,J){)(';2:
This Third Amendment has been c:xecuted by the Managers and i'vfombcr of the Company as of
the Effective Date.
Robert Evan Bowen
r,:;~
-----b-lEl'vlBER:
///
. l
Henley USA Pty Ltd,
//
·1 ,/ '
Atsushi Kawamura
Toshiro Mitsuyoshi
Kenji !nui
as trustee of the HENLEY USA UN!i TRUST
{•l2t?9214 IJOC;2)
This Third Amendment has been executed by the Managers and Member of the Company as of
the Effective Date.
Robert Evan Bowen Atsushi Kawamura
Peter Anthony Hayes
John Edward Harvey Kenji lnui
MEMBER:
Henley US/\ Pty Ltd,
as trnstee of the HENLEY USA UNIT TRUST
By:._~~~~~~~~~~
Its: ____________ _
(0219921-4.00C;.:!::
This Third Amendment has been executed by the Managers and Member of the Company as of
the Effective Date.
MANAGERS:
Robert Evan Bowen Atsushi Kawamura
Peter Anthony Hayes Toshiro Mitsuyoshi
John Edward Harvey
YIEMBER:
Henley USA l'ty Ltd,
as trustee of the HENLEY USA UNIT TRUST
By: _________ _
lts:. ___________ _
{IJ2199l.l4.D0C:2 J
BOUNDARY
CLOSURES ON FINAL PLAT
FOR
BROOKGROVE (AKA RYLEE'S PLACE)
June 17, 2015
North: 160792.7206 East: 1306817.2332
Line Course: S 01-15-47 W Length: 294.44
North: 160498.3521 East: 1306810.7430
Line Course: N 89-58-59 W Length: 629.89
North: 160498.5384 East: 1306180.8530
Line Course: N 01-20-32 E Length: 296.30
North: 160794.7571 East : 1306187.7935
Line Course: S 89-48-53 E Length: 129.55
North: 160794.3382 East: 1306317.3429
Line Course: N 01-20-32 E Length: 147.96
North: 160942.2576 East: 1306320.8087
Line Course: S 89-43-50 E Length: 199.63
North: 160941.3188 East: 1306520.4365
Line Course: S 01-15-47 W Length: 147.66
North: 160793.6946 East: 1306517.1817
Line Course: S 89-48-53 E Length: 300.05
North: 160792.7244 East : 1306817.2301
Line Course: S 39-24-53 E Length: 0.00
North: 160792.7244 East : 1306817.2301
Perimeter: 2145.48 Area: 215,462 sq.ft. 4.95 acres
LOT1
North: 160793.3219 East: 1306631.2452
Line Course: S 00-01-01 W Length: 115.47
North: 160677.8519 East: 1306631.2110
Line Course: S 81-03-28 W Length: 66.08
North: 160667.5805 East: 1306565.9342
Curve Length: 4.78 Radius: 176.50
Delta: 1-33-06 Tangent: 2.39
Chord: 4.78 Course: S 81-50-01 W
Course In: N 08-56-32 W Course Out: S 07-23-26 E
RP North: 160841.9353 East: 1306538.4993
End North: 160666.9015 East: 1306561.2029
Line Course: N 00-01-01 E Length: 126.65
North: 160793.5515 East : 1306561.2403
Line Course: S 89-48-53 E Length: 70.00
North: 160793.3252 East: 1306631.2400
Line Course: S 57-29-58 E Length: O.Q1
North: 160793.3198 East : 1306631.2484
Perimeter: 382.99 Area: 8,477 sq.ft 0.19 acres
LOT2
North: 160793.5482 East : 1306561.2452
Line Course: S 00-01-01 W Length: 126.65
North: 160666.8982 East : 1306561.2078
Curve Length: 22.82 Radius: 176.50
Delta: 7-24-27 Tangent: 11.43
Chord: 22.80 Course: S 86-18-48 W
Course In: N 07-23-26 W Course Out: S 00-01-01 W
RP North: 160841.9319 East: 1306538.5042
End North: 160665.4319 East: 1306538.4520
Line Course: N 89-58-59 W Length: 47.24
North: 160665.4459 East: 1306491.2120
Line Course: N 00-01-01 E Length: 120.35
North: 160785.7959 East: 1306491.2476
Line Course: S 88-39-28 E Length: 15.00
North: 160785.4445 East : 1306506.2435
Line Course: N 52-58-47 E Length: 13.70
North: 160793.6932 East : 1306517.1819
Line Course: S 89-48-53 E Length: 44.06
North: 160793.5508 East: 1306561.2416
Line Course: S 54-14-43 E Length: 0.00
North: 160793.5508 East: 1306561.2416
Perimeter: 389.82 Area: 8,797 sq.ft 0.20 acres
LOT3
North: 160785.7931 East : 1306491.2429
Line Course: S 00-01-01 W Length: 120.35
North: 160665.4431 East: 1306491.2074
Line Course: N 89-58-59 W Length: 40.68
North: 160665.4551 East: 1306450.5274
Curve Length: 39.27 Radius: 30.00
Delta: 75-00-00 Tangent: 23.02
Chord: 36.53 Course: N 52-28-59 W
Course In: N 00-01-01 E Course Out: S 75-01-01 W
RP North: 160695.4551 East : 1306450.5362
End North: 160687.6991 East: 1306421.5562
Curve Length: 27.97 Radius: 55.00
Delta: 29-08-14 Tangent: 14.29
Chord: 27.67 Course: N 29-33-06 W
Course In: S 75-01-01 W Course Out: N 45-52-47 E
RP North: 160673.4798 East : 1306368.4260
End North: 160711.7689 East : 1306407.9094
Line Course: N 01-20-32 E Length: 75.95
North: 160787.6981 East: 1306409.6885
Line Course: S 88-39-28 E Length: 81.58
North: 160785.7872 East : 1306491.2461
Line Course: N 28-09-06 W Length: 0.01
North: 160785.7960 East: 1306491.2414
Perimeter: 385.81 Area: 9,371 sq.ft. 0.22 acres
LOT4
North: 160869.5712 East : 1306518.8545
Line Course: S 01-15-47 W Length: 75.90
North: 160793.6896 East : 1306517.1815
Line Course: S 52-58-47 W Length: 13.70
North: 160785.4409 East: 1306506.2431
Line Course: N 88-39-28 W Length: 96.58
North: 160787.7032 East: 1306409.6896
Line Course: S 01-20-32 W Length: 75.95
North: 160711.77 40 East : 1306407.9106
Curve Length: 25.92 Radius: 55.00
Delta: 26-59-50 Tangent: 13.20
Chord: 25.68 Course: N 57-37-08 W
Course In: S 45-52-47 W Course Out: N 18-52-57 E
RP North: 160673.4849 East : 1306368.4272
End North: 160725.5250 East: 1306386.2267
Line Course: N 01-20-32 E Length: 107.15
North: 160832.6456 East : 1306388.7366
Line Course: N 14-26-51 E Length: 41.04
North: 160872.3878 East: 1306398.9758
Line Course: S 88-39-28 E Length: 119.91
North: 160869.5790 East: 1306518.8529
Line Course: S 11-56-51 E Length: 0.01
North: 160869.5692 East: 1306518.8550
Perimeter: 556.15 Area: 12,180 sq.~ 0.28 acres
LOTS
North: 160941.3163 East : 1306520.4362
Line Course: S 01-15-47 W Length: 71.76
North: 160869.5737 East : 1306518.8544
Line Course: N 88-39-28 W Length: 119.91
North: 160872.3825 East: 1306398.9773
Line Course: N 01-20-32 E Length: 69.52
North: 160941 .8834 East : 1306400.6058
Line Course: S 89-43-50 E Length: 119.83
North: 160941.3199 East : 1306520.4344
Line Course: S 26-02-23 E Length: 0.00
North: 160941.3199 East: 1306520.4344
Perimeter: 381.02 Area: 8,467 sq.~ 0.19 acres
LOT6
North: 160941.8798 East : 1306400.6070
Line Course: S 01-20-32 W Length: 69.52
North: 160872.3788 East: 1306398.9786
Line Course: S 14-26-51 W Length: 41.04
North: 160832.6367 East: 1306388.7394
Line Course: N 88-39-28 W Length: 70.48
North: 160834.2876 East: 1306318.2788
Line Course: N 01-20-32 E Length: 107.99
North: 160942.2480 East: 1306320.8083
Une Course: S 89-43-50 E Length: 79.80
North: 160941.8727 East : 1306400.607 4
Une Course: N 03-11-46 W Length: 0.01
North: 160941.8827 East : 1306400.6069
Perimeter: 368.84 Area: 8,490 sq.ft 0.19 acres
LOT7
North: 160832.6429 East: 1306388.7405
Une Course: S 01-20-32 W Length: 107.15
North: 160725.5223 East : 1306386.2306
Curve Length: 66.41 Radius: 55.00
Delta: 69-11-06 Tangent: 37.93
Chord: 62.45 Course: S 74-17-24 W
Course In: S 18-52-57 W Course Out: N 50-18-09 W
RP North: 160673.4822 East : 1306368.4311
End North: 160708.6125 East: 1306326.1126
Une Course: N 60-46-43 W Length: 17.30
North: 160717.0582 East : 1306311.0142
Une Course: N 01-20-32 E Length: 77.31
North: 160794.3469 East : 1306312.8251
Une Course: S 89-48-53 E Length: 4.52
North: 160794.3323 East : 1306317.3450
Une Course: N 01-20-32 E Length: 39.97
North: 160834.2914 East : 1306318.2813
Une Course: S 88-39-28 E Length: 70.48
North: 160832.6404 East: 1306388.7420
Une Course: N 30-29-21 W Length: 0.00
North: 160832.6404 East: 1306388.7420
Perimeter: 383.15 Area: 8,207 sq.ft 0.19 acres
LOTS
North: 160794.3513 East : 1306312.8227
Une Course: S 01-20-32 W Length: 77.31
North: 160717.0626 East : 1306311.0117
Une Course: S 60-46-43 E Length: 17.30
North: 160708.6169 East : 1306326.1101
Curve Length: 20.11 Radius: 55.00
Delta: 20-57-05 Tangent: 10.17
Chord: 20.00 Course: S 29-13-19 W
Course In: S 50-18-09 E Course Out: N 71-15-14 W
RP North: 160673.4866 East : 1306368.4286
End North: 160691.1622 East : 1306316.3463
Line Course: N 60-46-43 W Length: 36.68
North: 160709.0688 East : 1306284.3342
Line Course: N 89-58-59 W Length: 98.55
North: 160709.0980 East : 1306185.7842
Line Course: N 01-20-32 E Length: 85.69
North: 160794.7645 East : 1306187.7914
Line Course: S 89-48-53 E Length: 125.03
North: 160794.3602 East : 1306312.8207
Line Course: S 12-10-30 E Length: 0.01
North: 160794.3504 East : 1306312.8229
Perimeter: 460.68 Area: 11,110 sq.ft 0.26 acres
LOT9
North: 160709.0914 East : 1306185.7905
Line Course: S 89-58-59 E Length: 98.55
North: 160709.0622 East: 1306284.3404
Line Course: S 60-46-43 E Length: 36.68
North: 160691.1556 East: 1306316.3525
Curve Length: 55.20 Radius: 55.00
Delta: 57-30-14 Tangent: 30.18
Chord: 52.91 Course: S 10-00-21 E
Course In: S 71-15-14 E Course Out: S 51-14-32 W
RP North: 160673.4799 East: 1306368.4349
End North: 160639.0483 East: 1306325.5459
Line Course: N 89-58-59 W Length: 141.39
North: 160639.0901 East : 1306184.1559
Line Course: N 01-20-32 E Length: 70.02
North: 160709.0909 East: 1306185.7961
Line Course: N 85-34-52 W Length: 0.01
North: 160709.0917 East : 1306185.7861
Perimeter: 401.85 Area: 8,907 sq.ft 0.20 acres
LOT10
North: 160639.0918 East: 1306184.1502
Line Course: S 89-58-59 E Length: 141.39
North: 160639.0500 East : 1306325.5402
Curve Length: 20.11 Radius: 55.00
Delta: 20-57-05 Tangent: 10.17
Chord: 20.00 Course: S 49-14-00 E
Course In: N 51-14-32 E Course Out: S 30-17-27 W
RP North: 160673.4816 East: 1306368.4291
End North: 160625.9905 East : 1306340.6877
Line Course: S 40-45-59 W Length: 30.33
North: 160603.0192 East: 1306320.8829
Line Course: S 00-01-01 W Length: 34.53
North: 160568.4892 East: 1306320.8727
Line Course: N 89-58-59 W Length: 138.38
North: 160568.5301 East: 1306182.4927
Line Course: N 01-20-32 E Length: 70.57
North: 160639.0807 East: 1306184.1458
Line Course: N 21-35-49 E Length: O.Q1
North: 160639.0900 East: 1306184.1494
Perimeter: 435.32 Area: 10,082 sq.ft. 0.23 acres
LOT11
North: 160568.5367 East: 1306182.5002
Line Course: S 89-58-59 E Length: 138.38
North: 160568.4958 East: 1306320.8802
Line Course: S 00-01-01 W Length: 70.00
North: 160498.4958 East: 1306320.8595
Line Course: N 89-58-59 W Length: 140.00
North: 160498.5372 East: 1306180.8595
Line Course: N 01-20-32 E Length: 70.02
North: 160568.5380 East : 1306182.4996
Line Course: S 23-23-05 E Length: 0.00
North: 160568.5380 East: 1306182.4996
Perimeter: 418.40 Area: 9,743 sq.ft. 0.22 acres
LOT12
North: 160498.4960 East: 1306320.8566
Line Course: N 00-01-01 E Length: 104.53
North: 160603.0260 East: 1306320.8875
Line Course: N 40-45-59 E Length: 30.33
North: 160625.9973 East : 1306340.6923
Curve Length: 29.06 Radius: 55.00
Delta: 30-16-26 Tangent: 14.88
Chord: 28.72 Course: S 74-50-46 E
Course In: N 30-17-27 E Course Out: S 00-01-01 W
RP North: 160673.4885 East: 1306368.4337
End North: 160618.4885 East: 1306368.4174
Line Course: S 89-58-59 E Length: 22.48
North: 160618.4819 East : 1306390.897 4
Line Course: S 00-01-01 W Length: 120.00
North: 160498.4819 East : 1306390.8619
Line Course: N 89-58-59 W Length: 70.00
North: 160498.5026 East : 1306320.8619
Line Course: S 39-21-29 W Length: 0.01
North: 160498.4948 East: 1306320.8556
Perimeter: 376.41 Area: 8,389 sq.ft. 0.19 acres
LOT13
North: 160498.4755 East : 1306390.8566
Line Course: N 00-01-01 E Length: 120.00
North: 160618.4755 East : 1306390.8920
Line Course: S 89-58-59 E Length: 70.00
North: 160618.4548 East: 1306460.8920
Line Course: S 00-01-01 W Length: 120.00
North: 160498.4548 East : 1306460.8566
Line Course: N 89-58-59 W Length: 70.00
North: 160498.4755 East : 1306390.8566
Line Course: N 89-58-59 W Length: 0.00
North: 160498.4755 East : 1306390.8566
Perimeter: 380.00 Area: 8,400 sq.ft. 0.19 acres
LOT14
North: 160498.4549 East: 1306460.8566
Line Course: N 00-01-01 E Length: 120.00
North: 160618.4549 East: 1306460.8920
Line Course: S 89-58-59 E Length: 70.00
North: 160618.4342 East : 1306530.8920
Line Course: S 00-01-01 W Length: 120.00
North: 160498.4342 East : 1306530.8566
Line Course: N 89-58-59 W Length: 70.00
North: 160498.4549 East : 1306460.8566
Line Course: N 89-58-59 W Length: 0.00
North: 160498.4549 East: 1306460.8566
Perimeter: 380.00 Area: 8,400 sq.ft 0.19 acres
LOT15
North: 160498.4343 East : 1306530.8566
Line Course: N 00-01-01 E Length: 120.00
North: 160618.4343 East : 1306530.8920
Line Course: S 89-58-59 E Length: 7.55
North: 160618.4321 East: 1306538.4420
Curve Length: 34.95 Radius: 223.50
Delta: 8-57-33 Tangent: 17.51
Chord: 34.91 Course: N 85-32-15 E
Course In: N 00-01-01 E Course Out: S 08-56-32 E
RP North: 160841.9321 East : 1306538.5081
End North: 160621.1486 East : 1306573.2486
Line Course: N 81-03-28 E Length: 27.99
North: 160625.4993 East: 1306600.8984
Line Course: S 00-01-01 W Length: 127.09
North: 160498.4093 East : 1306600.8608
Line Course: N 89-58-59 W Length: 70.00
North: 160498.4300 East : 1306530.8608
Line Course: N 44-48-37 W Length: 0.01
North: 160498.4371 East : 1306530.8538
Perimeter: 387.58 Area: 8,568 sq.ft 0.20 acres
LOT16
North: 160498.4138 East: 1306600.8566
Une Course: N 00-01-01 E Length: 127.09
North: 160625.5038 East: 1306600.8941
Une Course: N 81-03-28 E Length: 70.86
North: 160636.5181 East: 1306670.8929
Une Course: S 00-01-01 W Length: 138.12
North: 160498.3981 East: 1306670.8520
Une Course: N 89-58-59 W Length: 70.00
North: 160498.4188 East: 1306600.8520
Une Course: S 41-44-31 E Length: O.Q1
North: 160498.4114 East: 1306600.8587
Perimeter: 406.08 Area: 9,282 sq.ft 0.21 acres
LOT17
North: 160498.3932 East : 1306670.8565
Une Course: N 00-01-01 E Length: 138.12
North: 160636.5132 East: 1306670.8974
Une Course: N 81-03-28 E Length: 1.90
North: 160636.8085 East: 1306672.7743
Curve Length: 27.60 Radius: 176.50
Delta: 8-57-33 Tangent: 13.83
Chord: 27.57 Course: N 85-32-14 E
Course In: S 08-56-32 E Course Out: N 00-01-01 E
RP North: 160462.4538 East: 1306700.2092
End North: 160638.9538 East: 1306700.2614
Une Course: S 89-58-59 E Length: 88.03
North: 160638.9277 East: 1306788.2914
Curve Length: 39.81 Radius: 25.00
Delta: 91-14-46 Tangent: 25.55
Chord: 35.74 Course: S 44-21-36 E
Course In: S 00-01-01 W Course Out: S 88-44-13 E
RP North: 160613.9277 East: 1306788.2840
End North: 160613.3767 East : 1306813.2779
Une Course: S 01-15-47 W Length: 115.05
North: 160498.3546 East: 1306810.7419
Une Course: N 89-58-59 W Length: 139.89
North: 160498.3960 East: 1306670.8519
Une Course: S 58-58-28 E Length: O.Q1
North: 160498.3908 East : 1306670.8605
Perimeter: 550.41 Area: 19,713 sq.ft. 0.45 acres
TRACT A
North: 160792.7206 East: 1306817.2332
Line Course: S 01-15-47 W Length: 82.36
North: 160710.3806 East: 1306815.4178
Curve Length: 38.73 Radius: 25.00
Delta: 88-45-14 Tangent: 24.46
Chord: 34.97 Course: S 45-38-24 W
Course In: N 88-44-13 W Course Out: S 00-01-01 W
RP North: 160710.9316 East : 1306790.4239
End North: 160685.9316 East : 1306790.4165
Line Course: N 89-58-59 W Length: 90.14
North: 160685.9583 East : 1306700.2765
Curve Length: 34.95 Radius: 223.50
Delta: 8-57-33 Tangent: 17.51
Chord: 34.91 Course: S 85-32-15 W
Course In: S 00-01-01 W Course Out: N 08-56-32 W
RP North: 160462.4583 East : 1306700.2104
End North: 160683.2418 East: 1306665.4699
Line Course: S 81-03-28 W Length: 34.68
North: 160677.8512 East : 1306631.2114
Line Course: N 00-01-01 E Length: 115.47
North: 160793.3212 East: 1306631.2455
Line Course: S 89-48-53 E Length: 185.99
North: 160792.7198 East : 1306817.2346
Line Course: N 59-19-15 W Length: 0.00
North: 160792.7198 East: 1306817.2346
Perimeter: 582.32 Area: 19,880 sq.ft. 0.46 acres
CENTERLINE OUTSIDE PLAT -NORTH
North: 160792.6236 East: 1306847.2384
Line Course: S 01-15-47 W Length: 130.24
North: 160662.4152 East: 1306844.3675
Line Course: N 89-58-59 W Length: 30.01
North: 160662.4241 East: 1306814.3575
Line Course: N 01-15-47 E Length: 47.97
North: 160710.3824 East: 1306815.4149
Line Course: N 01-15-4 7 E Length: 82.36
North: 160792.7224 East : 1306817.2303
Line Course: S 89-48-53 E Length: 30.01
North: 160792.6254 East: 1306847.2402
Line Course: S 45-17-26 W Length: 0.00
North: 160792.6254 East: 1306847.2402
CENTERLINE OUTSIDE PLAT -SOUTH
North: 160498.3433 East: 1306840.7508
Line Course: N 89-58-59 W Length: 30.01
North: 160498.3521 East: 1306810.7408
Line Course: N 01-15-47 E Length: 115.05
North: 160613.3742 East: 1306813.2768
Line Course: N 01-15-4 7 E Length: 49.05
North: 160662.4123 East: 1306814.3580
Line Course: S 89-58-59 E Length: 30.01
North: 160662.4034 East : 1306844.3680
Line Course: S 01-15-47 W Length: 164.11
North: 160498.3333 East : 1306840.7505
Line Course: N 01-15-47 E Length: O.D1
North: 160498.3433 East : 1306840.7508
CENTERLINE OF PLAT
North: 160792.7206 East : 1306817.2332
Line Course: S 01-15-47 W Length: 130.33
North: 160662.4222 East: 1306814.3604
Line Course: N 89-58-59 W Length: 114.09
North: 160662.4560 East: 1306700.2704
Curve Length: 31.27 Radius: 200.00
Delta: 8-57-33 Tangent: 15.67
Chord: 31.24 Course: S 85-32-14 W
Course In: S 00-01-01 W Course Out: N 08-56-32 W
RP North: 160462.4560 East : 1306700.2112
End North: 160660.0251 East: 1306669.1236
Line Course: S 81-03-28 W Length: 100.75
North: 160644.3647 East: 1306569.5981
Curve Length: 31.27 Radius: 200.00
Delta: 8-57-33 Tangent: 15.67
Chord: 31.24 Course: S 85-32-15 W
Course In: N 08-56-32 W Course Out: S 00-01-01 W
RP North: 160841.9338 East: 1306538.5104
End North: 160641.9338 East: 1306538.4513
Une Course: N 89-58-59 W Length: 170.02
North: 160641 .9841 East : 1306368.431 3
Une Course: N 00-01-01 E Length: 31.50
North: 160673.4841 East: 1306368.4406
Une Course: N 45-52-47 E Length: 55.00
North: 160711.7733 East : 1306407.9240
Une Course: N 01-20-32 E Length: 75.95
North: 160787.7024 East: 1306409.7031
Une Course: S 88-39-28 E Length: 96.58
North: 160785.4401 East: 1306506.2566
Une Course: N 52-57-48 E Length: 13.70
North: 160793.6920 East : 1306517.1926
Une Course: S 89-48-53 E Length: 300.05
North: 160792.7217 East: 1306817.2410
Une Course: S 81-33-30 W Length: 0.01
North: 160792.7203 East : 1306817.2311
TO EASEMENT ON LOT 10
North: 160625.9908 East : 1306340.6897
Curve Length: 1.89 Radius: 55.00
Delta: 1-57-58 Tangent: 0.94
Chord: 1.89 Course: N 58-43-34 W
Course In: N 30-17-27 E Course Out: S 32-15-25 W
RP North: 160673.4820 East : 1306368.4311
End North: 160626.9705 East: 1306339.0767
Line Course: S 51-13-47 E Length: 0.00
North: 160626.9705 East : 1306339.0767
EASEMENT ON LOT 1 0
North: 160626.9705
Curve Length: 10.18
Delta: 10-35-59
Chord: 10.16
Course In: N 32-15-25 E
East : 1306339.0767
Radius: 55.00
Tangent: 5.1 O
Course: N 52-26-36 W
Course Out: S 42-51-24 W
RP North: 160673.4819 East: 1306368.4312
End North: 160633.1638 East: 1306331.0220
Line Course: S 47-45-17 W Length: 37.52
North: 160607.9389 East: 1306303.2469
Line Course: S 42-14-43 E Length: 10.00
North: 160600.5361 East: 1306309.9700
Line Course: N 47-45-17 E Length: 39.32
North: 160626.9712 East: 1306339.0776
Line Course: S 48-35-30 W Length: 0.00
North: 160626.9712 East : 1306339.0776
Perimeter: 97.02 Area: 383 sq.ft. 0.D1 acres
\\esmBlengr\esm-jobs\1670\0031013\document\closures for final platdoc
RECEIPT EG00046118
BILLING CONTACT
HENLEY USA LLC
11100 MAIN ST SUITE 100
Bellevue, WA 98004
REFERENCE NUMBER FEE NAME
I LUA 15-000802 I PLAN -Final Plat Fee
Technology Fee
Printed On: November 12, 2015 Prepared By: Jan Illian
Kenton®
1055 S Grady Way, Renton, WA 98057 ······ . Transaction oaie: Novembe,~12:201s
RECEIVED
CITY Of RENTON
PLANNING DIVISION
TRANSACTION PAYMENT AMOUNT PAID TYPE METHOD
I Fee Payment I Check #027041 $1,500.00
Fee Payment Check #027041 $45.00
SUB TOTAL $1,545.00
TOTAL $1,545.00
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