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Home My WebLink AboutReport 1.. I VOLUME: PAGE: SIIEIT l OF 4 LUA 14-001417 IM) IO·OS19 LIBERTY GARDENS SE 1/4, SE 1/4 SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KlNG COUNTY, WASHINGTON THE IJNOERSIGNEtl OWNERS OF INTEIIEST IN lliE LANI TO BE THE GRAPHIC REP!;:ESENTAm:lN Of" THE SUBDI\IISION USE ()f Tr£ PIJBLJC FllRE"oER AU.. Sl!IH:TS AND AVENJES E l/SE THEREOF" FOR AU.. PUIIJC PU!POSES NOT HIGHWAY PURPOSES, WO MSl:J THE RIGHT 1ll IIAKE AU.. E LOTS AND lRACT'S SHO"MI TttERECII IN THE a!IGINAL S, ANO ruRlHEJI DEDICATE AND c:;;JN\CY TO THE USE OF ON THS PLlT FOR AU.. Pl.el.IC PORP05ES AS INIICA1ED THEl!Etw, INC..UDING BUT NOT UWI TO PAAICS, OPEN SPACE. l'EOESTRlll,N .,,=, UllUllES ANO DRAIIIAGE UNLESS SUOi EASEloENTS OR mAC1S ARE SPO:lFlCAI.LY IDENTIAED ON TI-IIS PUT "'8 eElNC DEDl'C.IITED OR cct1= TO A PERSON OIi: ENTITY O'J)ifll THAN 1HE PIJBl.lC. 11<1 *"ICH CASE IE 00 HERESY DEDICATE AND CON\CY SUQ! S1l!E£TS,. EASEIIENTS, OR lRAcni TO lllE PEIISON OR ElfflTY IDENTFIEO /.110 fOR THE PUAPOSE SlA1ED. FURlHER, THE lNEJISIGNEII !MEIS or 1HE LAl«I ~-SIJBCWllED WAIYE FOR THDISEL~ l!-ER HElRS AAlll ...SSGNS NID ANY PERSON OR ENTITY DER1\IINCl Till.£ FllCIM 1}£ UNDER9GNED, ANY AHi) AU.. Cl.AlilS FOR DMIAQES o\GAl"IST THE CITY Of RENTON, ITS SUCCESSCN'IS AND ASSIGNS IIHIO! 111.1.Y BE CICC'.SICMD BY THE ESTAIIU~, CONSlRUCTION, OR litAINTEHMCE OF R0A0S AND/OR DIWNAGE SYSTEMS WTHIN THIS SUBDI\IISION Ollm! THAN a..1111,1s RESUl"llHG FROlil INM:£0.J ... tE IIAINlEIWICE BY THE QTY or RENTON. FURTBER lHE IJNDElt9GNED O'IINERS Of ntE L.ANl HEREBY SUIIOl1/ID£ WAIYE FOR 1lt AND ASSIGNS TO INDEMNIFY AND Ha.D THE CITY OF ltf;NTON., ANY OAlilAGE ING..UDING ANY COST Of" DEnNSE, D..AJ11£1) 8Y TO HAYE BEEN CAUSED IIY ALTERATIONS CF THE GROl.ltE SUB-SURFACE WAM FLOWS W'IMIN THIS suetll\119(»1. PROYIDED, THIS NOT IE CONSrRUED AS l!fll'ASINC M CITY IF RENWN, ITS DN.IAGES. lt«J..UCIING "!1"E COST IF DEITNSF, ll£SlPc TING IN NE W.OLE TI-IE Cln' Of RENltlN, IT'S~ DR AS:iQIS. 1HIS SUBDIYl!IDI, llEDICAMN, WAl'e OF OJJMS N10 AGREEMENT TO H(UI HAAML.ESS IS MADE MTI! Tl!E Fl!El': a:N5ENT ANl IN ACIXlllWICE 'IIIN 'FllE DE9RES DF 5"1D OYINERS. IN WITNESS ~EREOf, WE 5CT IUII IWDS AMI) SEA!.S: SS1ti U.C, A DEi.AWARE Ul.lllf.D IJABUTY C(U>/l,NY, D8i1 DR HORTON BY: 911LR OF WA.SHNOTON INC. A WA9111NGTDN CORPDR,t,TION, IT'S IINl>,G:Jf ACKNOWLIDGEIIEJITI HOTAAY f'IJBLJC IN ANl FOR THE STA'fl: CF W/l,SHlt!GTO/ MY COIAUSION Ol'IRES: QC,-11,-1:,0'J!J RECOROINC CERTIFICATE F11..ED FOR REC1RD THIS ___ DAY CF------201!, AT ___,M. IN 800K Of __ CF SUR'.OS, PAGE __ AT THE REQUEST Of AXIS --AND IIAPPIHG INC. SUPERINIDIOENT OF RECORDS CITY OP RINl'ON APPROYAU QTY OF RENTON PUBLIC WORKS DEPARTMENT ~1£1) NID /l,l'PRO',£D lHIS ____ DAY or-----,c, ~INED AND IIPl'RO'IED lHIS ----DAY Of -----~> ™" ____ DAY CF-----~· KING COUNTY APPROVAU KING COJNTY OEPAATMENT Of ASSESSMENTS EXAMINED AND ~ NIS ----DAY Of 2015 KING COUNTY FINANCE DJVISIOH CERTIFICATE I HEREBY CERTIFY lHAT AU PROPERTY T,\XES ARE PAID, Ti'iAT Tl!ERE ARE HO OOJNQUENT SP£CIAI. ASSESSMENTS CERTIFIED TO TI-JIS OFFICE RlR C0!.1.E~ AND Ti'iAT AU SPECIAi. ASs!'SSIIENTS CElimED TO THIS cma: FOR t:OLL£CTIIJN IJN ANY or T1"E PIKIPE!ITY HElttlN CONTAINED, DED!Cllllll "'li =~ Ml.£'l'S OR fllR ANY DlHER PUIII.IC USE, />RE PAID IN fULL. ~·---DAY CF 2(115 MANAGER, KlNG COUNTY Fl-CE DIYISIIJN •URff'YORI CIRTIPICATII: ~ STEPHEN tt. PHWPS SI, HEREBY CEllTIFY Ti'iAT Ti'ilS P\JIT CF LIBERTY GAA0€NS IS 8"'SED OH AN AClUAI. Sl.llt\lEY IN SECTION H, TO'#ISHP 23 NDRTI!, RANGE: ~ EAST, W.W., KlNG COUNTY, W/l,9-INOTON; THAT lHE COJRSES l,Nf) DISTANCES 1'IIE. SHOM>I COl!RECTI.'I' HEREON, T»AT TI,E MONUMENTS -.i_ 8E SET N«J THE LOil; CORIERS STl\km ~CTLY ON THE GROUND, ll,Np TH.O.T I H.0.VE Fl.ll1Y CCU'I.IED '1111TH NE PRDVISIIJNS CF 11lE P\JITTIM{l ~GUU.TIONS. SE 1/4, SE 1/4 SEC. 14, T#', 23 N., RGE. SE, W.W., CH'I' OF RENTON, KlNC IXMfTY, WASHlr«rnlN www.axlanaap.oam 9Axis JO>NO DATIS 14-076 3/11/2015 DRAWN" CHECKED BY -·-1S241NE!l0wSt ERM SPJR REDMOND, WA 980S2 = """ ITl...425.6ZM700 f.....X42S.323-ll700 N/A 1 OF 4 VOLUME: PAGE: SHEET 2 OF 4 LUA 14-001417 LND L0-0519 LIBERTY GARDENS SE 1/4, SE 1/4 SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., ClTY OF RENTON, KlNG COUNTY, WASHINGTON LEGAi. DUCAIPTIOIII lRACTS ~ AND e, SLOCK 4, CEDAR PNIK FM: ACRE TRACTS. ACCOFIDIMG TO THE PLAT THEREOF" REOORDED IN VOLUME !S Cl' PLATS, PAGE i1, RCCORDS OF KJNG COlfflTY, WASHINGTON. DIIAINAGI NODS ALL DR.IIINAGE EASEIENTS 11\THIN !HS PLAT, NOT SHO"IIN .0.S "Pl!IVATE"' NIE HEREBY GftANl[[J NlD CCN'>£YED TO 11£ ClY Of RENTON. A MLINICIPAI. CORPORATION, FOR Ir£ PURPOSES Of CONVE"1111G, STORING, IIANAGING, AND fACLITATIIIG STOIIII AHO SUIFACE WAT'[R PER 1ltE OoGINEERNG FU.HS Al'PROl£D fOR TlllS PLAT 8Y THE CT"I' Of RENT(JI TOQ:THER 11TH rnE fflGHT Of" !E',SCWABLE AceESS (INQ!ESS ANO EQ:ESS) TIJ ElflER S.l./0 l)R,f,INAGE EASEMENT FOR TI1E PIJRPO$ES Of INSPECTIHG. OPERATINO. ol.'JNT-'JNING, IIEPAIRltlO 00 IIIIPR~NC THE DIIAINI\GE FACLITieS CONTMIEO THER£1N. NOTE: UCEPT fOR THOSE fAlllJTIES M!ICH HA~ BEEN FORMAi.LY Aci::EJ'l[[J fOR MAINTENNlC£ BY THE CITY OF lalltJ,I, MAINTENANCE Of ORAINAGE FACLITIES ON Pff!VATE PROPERTY IS lHE RESPONSIBILITY OF TH£ PROrollY Cl'ltlERS(S). 1 Tr£ f'flrvATE ORAINAGE EASEIIDI~ SHO'IIN ON LOTS 3 AND 4 IS FOR THE BENEflT or LOTS 2 AND 3. 2 1HE f'flfVATE DRAINAGE EASEMENT SHO'IIN ON LOT"S ~ e 00 7 IS FOR TI-IE BENEflT Of LOTS 6. 7 I: 8. J n-iE Pf!IVATE DRAINAGE EASEMENT SHO'IIN ON LOT 10 IS FOR THE SENEflT Of LOT 11. 4 l1-fE Pf!IVATE OAAINA-OE EASEIIENT SIIO'IIN ON LOTS 13 AND 1'4 IS FOR 11-£ BEHEAT OF LOTS 12 00 13. lHE PRfVATE ORAINA-OE EASEMENT SHOWN ON LOT 16 IS FOR THE BENEFlT OF LOT I~. 1HE PRIVATE ORAINAGE tl,SO,IENT Sl!O'IIN ON lOT 18 JS FOR "TI-IE BENEF1T Of LOT 17. 7 THE PIIIVATE DRAINAOC EASEl,IENT Sl-lOWN ON LOTS 22 AMl 2l IS FOR THE BDIEFIT OF LOTS 21 00 22. 8 Tl1E PRIVATE DRAINAOE EASDiENT SHO'IIIN ON LOT 25 IS FOR rnE BENEFlT Of LOT H. 9 11-jE PIIIVATE ORAINAQE ~T Sl-lOWN ON LOT l6 IS FOR lHE 80IEF1T Of LOT 27. 1 THE ffilVATE DRAINAGE EASEIIENT SHOWN ON LOT 29 IS FOR THE BENEl'lT Of LOT 28. 11 THE PRIVATE OAAINAGE EASEIIENT SHOWN ON LOT 29 IS FOR TllE 8ENEfH or LOT JO. 1 THE PRIVAl[ OAAINMlE EASDiENT Sl-lOWN ON RECIIEATION TRACT, LOT 3! NII) 33 IS FOR Tl!f 8ENEF1T OF LOTS 31, 32 AND M. @ THE PRIVATE DIWNAGE EASEMENT SHOWN ON LOT 34 IS fOR TI1E BENEF1T OF LOT 35. @ THE PRIVATE DRMIAOE EASEMOIT ~ ON LOT 22-26 IS FOR THE 9EIIEFJT (f" LOT 21-30. 'PRIVATE Olll,IM,;,(E EASEMENT: TfiE O'MiEfl:(SJ Of PRIVATE AAC:ffRTY WTHIH THIS Pt.AT ENCUMBERED Mn-I DRAINAGE E-'SDIENTS SllO'IIN AS "PRIVATE" HEIIE8Y OllANT -'ND COM\£'1' TO rnE QTY OF R91TON, A MUNIOPAI.. CORl'OflltTION, rnf R1Glff BUT NOT THE OIIUG,1."f'ON TO COM\£Y OR STORE STIJfl:M Nit) SURFACE WA"fER PER EMGINfDi:NG PlNIS ~ F"OR THE Pl.AT BY TI-lE OTY OF RENTON. TOOETHER 1111-i TfiE R1GliT OF l!EASONAl!I...E AceESS (J!OliSS NIii EGREss) TO DITER SAID llRAl'tAGE LJ.SE»DjT FOR TllE ~ ~~~Jr:Ts:oE~~)~~~ ~Ji'~l~i::l"Al~~r:. ~NAGE REQJIRED PfRIIITS FROM n£ an OF RE]jl(JI OR ITS SUCCESSCRS ltGENCV, PRIOR 10 l'lLLING. PIPI~ CUTfiNG OR Rl!MO\o\NG \EGOATION {EXCEPT FOR ,iru11NE LAN!J5CAPE IUJN1UWIC£ $UOi AS lA'IW WOWING) IN Cf'EH '>elETAl[[J ORAIH,O,GE FACILITIES (SUCH .0.S SW"1..ES. CHANNELS. OITt:HES PONDS, ETC.) OR ~NC NIY ALTERATIOltS OR M01l1FlCMt0NS TO THE MAINAGE FA.QLITIES CONTAINED 'MTHIN SAIO IJRAINAOC E/ISEIIENT. 00\0l,t,NT 9-IAU. RIM WTH THE lAl«l ANO IS Bl~NC L.IPON 11-1£ 0-..ER<S) OF SAID PRIVATE PROP(JllY, THEIR HEIRS, SUCCESSORS ,t,NO MSOtlS. • THE CITY {f" RCNTON ~ HAYE 1HE RIGff TO Dl"fER 11,£ PRIVATE DRAINAGE EASOIEMTS SHO'MI HEREON TO REPAIR ANY OEFICIENaES OF TliE OIWNA!:E FACIUTY IN 1HE ~T THf OMO!(s) IS/NIE N£t;JGV,T IN rnE MAINTEtlAAICE: OF Tl-IE ORAIHAOE FACIUTES. THESE REPAIRS SHAU. 8E AT TI,E O'IINER<S) COST. EMIMINT PROVISIONS THE ~TS CIEPICTED (»I 1}£ MAI' 9-IEET OF T1-IIS nNAL PLAT ARE FOR THE LI .. TED PURPOSES USTE!l flU.OW Al.i Nf£. HE1£11Y COOW'l'ED l'OI..LDNNG THE RECORDING OF TI-llS nHAI.. Pl.AT M; Sff:CIFlED ACCafflNO TO 11-£ RESEINATIDNS USlED BELOW. Nl EASEWENT IS HEREBY RESER'wED ANO GRAIITED A1C1 CON'WEYEll TO THE CITY Of" RENTON, PUGET SOOIID DIERGY CClilPAN'I'. CENTURY LINK, COloC,+.ST. KIM(l TER OIS"IRICT 90. /WO TllEIA ~TI\IE SUCCESSORS AND ASSIGNS, UNDER NlD UPON OF Ail LOTS AND lRACTS, PAR.t,UEl. -..rn AHO ADJ;ll;HIMG THE OOSTIHO OR T-OF-WAY. LOT"S 11 THl!OU~ 2Q 9-IAI.L HA\'E A 2 FOOT EASEMENT FRONTING ST., IH Wl-ttCH TO INSTAl.l., L..AY. CONSTRUCT, RENEW, OPE!!Al[ 00 tu.lNTAIN SYSTEMS lll!TI-1 NF.:CESSAIIY FACLITIES, SIDEWAIJ<S AND OT11ER EOOPMEIH SERWtC TI-NS SU80MSl0N ANO OTHER F'ROP(RTY 'Ml\1 UTILITY SERVICES TllER 'MTH ll1E l!lGHT TIJ fMTER UPON THE EASEM00 AA£AS I\T AU. TIMES FOR THE PUAPOSE I-IEREIN STAlEll, NO LINES OR "IIIRES FOR TH£ TRANSMISSION Of" ElECTl!IC C\JIIRENT, OR Fefl TEl.EPHOIE USE, CAa£ =Slctl. nRE' OR F'OLICE SIGNAL OR FOR O'lttat PUIP05f"S, SliAU. !IE Pl.A~ OR IIE PERMITIEO 1tl II[ Pl.ACED UPON ANY LOT UN..ESS THE SAME SHAU. BE UNDERGIIOUIIO OR L'I CONWT ATTACHEO TO A BUIDMO 2 !J..L SANITARY SE\IIEFt EASEMENTS NOT SHIIYN AS PRIVATE ARE' HEREBY CCN\IE'r'EII TIJ T}j[ CITY Of" RENTON FM THE PURPOSE or SER\IING 1ttlS SUID\IISIDl'l AND OTHER PRQPERTY llln-1 ~ SEIMCE. 3. ALL STORM Df1AjNAG£ ~ENTS NOT SH[)'jl!<I AS PRIVAl[ ARE HEREBY CON"\OEil TO THE ClT"I' (f" fl£NTOH fCIR rnE PUl!P!l5E: Ill'" SERVING 1HIS SIJ8DI\IISION ANO OTl1ER P!!OPERlY '/IITl1 STORM DRAINAGE =tt 4 AU. WATER EASEllENTS HOT 9-IOM<I AS PRl~ATE IIIIE ttEREB"I' CON~ m l'(IIIG cou.n WATER DISTRICT IIO FOR THE PUfl'OSE or SER\IING THIS SIJBOIYISIOH AND 0Tll£R PR(f'ERlY 11TH WATER =cr. @ TllE 10 FOOT I.NICSCAl'I:: E~T SHO'IW OM LOTS 1 AND 11 IS ttEREBY 0RAH1[[1 ANO ~ TO THE U!JERTY CARDOIS ttOIIEOIW<RS ASSOCIATION FOR L.ANDSCN'1MG. SAID 1-!0MEOM-EltS ASSOCIATION SHALL IIE RESPONSla..E FOIi THE MAINTEN/o.NCE OF SAID l..AM)SCAl'IN(l 11111-IIN S,.0 EASEMENT. @ TllE 2.5 FOOT LAN:lSCAl'E EA5DIE)jT 9-IO'MI OM LOTS \2 TH!!()IJGI, 20 IS HEREEI'!" GftAN1E(l 00 CONYE'!m TO THE UfEITY GAROENS HOii£~ ASSOCATIOII F"OR l.ANDSCAPIN(;. SAID HOMEO'IWERS "5SOC!ATID1'l SHAU. EE El'ONSIBlE fCIR THE tu.lNTENANCE or SAID L.At,OSC.\1'1t!C) Wn-llN SAID ~,. 0 THE 10 fOOT PUflUC STORM EASEMENT OVER LOT 1g IS F'OR 1ttE PUflUC BENEFIT FOIi STORM DR.o.lH...OC THE CITY DI' RENTON SHAU. EE RESPONSl8l£ FOR THE MAll'<TENANCE OF THE PUB.JC STI:R!,1 FACILITIES Df1AjNAG£ FAC!..lllES. @ THE PUB.JC SE'IIEJI SNIITARY EASEMENT OYER LOT 3J AHO RECREATION Tl!ACT IS F"0R THE Pl.8.JC BEHEl'IT FOR SAMTARY SDIIER FACILITIES. THE CITY DI' RENTON SHAU IIE RE:SPCINSIIILE FOR THE MAINTENANCE Of" lliE Pl.8UC SNU.o.JIY SEIER FACILJTIES. @ rnE 10 FOOT F'RIVATE SANITARY SE'/IER EASEMENT SHOWN OH LOT :l8 IS FOR THE IIENEJ-1T Of" LOTS .3~ F"OR PRIVATE SMIITAAY SElll[R FACl.lll[S. 1liE ~ DI' SA/0 LOT 35 ARE' l'lEREBY RE5POHSIII.E FOR TH£ IUJNTEN/o.NCE Of" TIER l!ESP8::Tll'E PRIVATE SANITAA"I" SE'IIER FACUTIES NlD SHALL SHARE EOU!J..1."1' IN THE IIIJNTEtlAACE liESPONSIEIIUTIES <f" rnE Pffl~ATE SNIITAA'r" SEYIER FACILITIES USED IN COUMOH 'MTHIN SAID EASEMENT. @ nlE lANISCAl'E MCN..IIIENT EASEMENT AS SHO\lltl ON LOT 35 IS HERESY GftANTEO ANO CO<!\O"EII TO THE UIIER'TY (Wa;IENS l!tllEO'tlNERS ASSOCIATION FOR l.ANOSCAPINO. SAID HOMEO'lll€ltS ASSOCIATION SHAU. BE RE.5PONSIBLE fCIR mt MAINTENANCE OF" SAID l,l,NDSC,IPIN(l 'MTHIN SAID EASEMENT. 11TUNOnl llll.E COMUITIIENT 8Y nRST .... ERICAH Tin.£ 1'-SURANCE COMPNlY. ORDER ,:ZlJ087e. DATED OCTOBER 02, 2014 4.) NlY AND AU. OFFERS OF DEIIICATIOH, CONDITIDMS, RESTRICTIONS, EASEMOITS, BOUNOARY DISCR9'NlC,E$ OR ENCltllACI-U;NTS, H01£S AND/OR PRO\IISIONS SH0'1IN 0A DISCLOSED BY SHORT Pl.AT OR Pl.AT Of" CEOIIR PAl'IK flYE ACFIE lRACTS REColDED W VOLL.IE 1~ <f" PLATS. PA<lE(S) 91. '-) P[RfAjNS Til TllE TEIIWS AND F'ROW>lct!S CONTAINED IN THf OOCUIIENT D1Tmm "CITY OF RENTON, WASHIN<ITON OJDNANO: NO. -~· F!ECOl!0£1l NO\Oi!IIER 5, 200IJ "5 REOO!DIHO NO. 200911ow:x>M1 OF omoAL RECORDS. e.) =VATIONS ANO DCEPTIONS. 11,KI.J.(lO'!G THE lIRIIIS NlO CONDITIONS TI-IEJl£0f", RESER~NG Ml!IEF!AI.S. RE?lE!lm BY DRH, EHE!i:O'r". INC.. A 00.0R.I.OO calPORATION RCCORDED UNJER RECORll!HC NO. 201302140D1DIIQ. PUTNOTU 1 THE ,o,i;mi;u:s or INCORl"ORATIOII FOR UIIERlY GAROENS HMO....ERS ASSOCl,I.TION IS ON Fl.E '/lln-1 THE STATE OF WASHINGlON IN Cl."NF\O.. MDIBO!SliP IN THE LIBERTY GARtlENS HOMEIJYl<IER1i ASSOCIATION N«> PAYMENT OF DUES OR OTHER AS5ESSY£m SH~L REMAIM AH APl'URTEl,WICE TO AHO INSEPIIR..a.E FROM EAC-l LOT. 2 A ,RACr IS !.AMO RESER\llcll FOR !l>ECll'Jl'll USES, INO..llllNG, BUT NOT LIMITED TO RESER\IE lR,I.CTS. RECRU.TION Cl'EN SPACE, CRlTICAI.. AllEAS, Sl.>Rf.o.cE: WATER RETENTION, UTilJlY FACIUTIES NI!) ACCESS. TRACTS ARE NOT CONSIDEREO IIUL[ljHG Sil'£$ FOR rnE PURPOSES DI' RESl~T\AI. DIEWNO. & TRACT "A' IS A PRIVATE ACCESS lRACT AND IS H£REIIY GRANlID -'ND CONVEYEll TO THE LIBE!llY CAADENS lfa.tEO\INERS ASSOCATION UPON THE RECOROIHG or THIS Pl.A'r FOR O'lll£f&IP ANO IUJNTENANCE. AN EASEMENT IS HElltBY G!tANTED TO Tl1E an DI' RENTON OYER THE OITIRE lRACT "A" FOR M-'JHTENANC£ or TllE STORM ORAINACI': FACIU1lES "Milai LIE 'MTHIN. & TRACT "8" IS A STORM DRAINAGE lRACT; UPON THE RCCOIIOING OF" 1tt1S PL.It. T, lRACT "'g" IS HEREIIY Gl'!ANTED Al'iD COM"8al TO nlE UBERlY c....ROEHS HOMEO'litjER'S ASSOCIATION (HOA). Nl EASEIIENT IS HEREBY GRANTED AND COMYE'l'Etl TO rnE CITY (f" REN IJNOER. AMO ACROSS TRACT "8" FOR mt PURPOSE Of COl'll'EYING, SIIIRIMG. IIINIMllMO .o.HO F STORM AND SlJRFACE WATER PEl'I THE EMGINEER!HG ~ ON nu: WTH THE CITY or REN CITY (f" RENTON HAS THE AlGliT TO ENlEfl SAID S10RII WATER ~T FOR THE CTING, IJJ'Elt.l.TING, MAINT.o.lNING, IMPROVING, AA0 REPAIRING ITS PRAINAGE FACLJTI TI-EREJN. ON._Y nlE CIIAIN LINK FENCE, FLOW CONTROL, WATER 0UALITY TREAT\IENT AND COM ACllJTIES WU. IIE CONSiO€RED FOR FORMAL ACCEPTNlC£ AND tu.lNIEHANCE BY THE CITY. CE or All. OTHER IMPIIO\EMElfl~ AND LANDSCAPIM0 QM S,140 Tl!A(:T "9" 9--IAU. BE THE RESPONStfruTY OF THE HOA. IN THE E\IEMT nlAT THE HO~ IS DISSOL,ED OR OTHER'/IISE FAILS TO MEET ITS PROPERTY TAX OBLIGATIONS. ...S EVIOENc:E SY NOH-PAYIIENT OF PROPERTY TAXES FOR I,. PER:IC(I OF EIGHTEEN (18) MONTllS, THEN EACH LOT IH THIS Pl.AT SHALL ASSJIIIE NlD HA'fE AH EQUAL NIii I.NllYDE:ll ll'IINEIISHIP INTEREST IN llU,.CT "II" PllE~OIJ9L'!" O'MIED BY THE HOA /,.NO HA~ THE ATIENDAHT F1N.o.HC1AL NlO ldAINTENANCE RESl"ONS181UT\£S. .& lRACT '"C° 1$ FM RECREATION PURPOSEs IN..Y FOR lHE IENEFlT OF" ALL THE l.QT O'IINERS IM THIS Pl.AT. E>.CH LOT OWIIER IN THIS Pl.AT LOTS {1 TI1ROUGH :l8 IMC.USIVE) SHALL HA'oE AN EQJAL AND LNlM!lEO O"MtERSHIP IN1'EM:sT IN lRIICT "c". lliE USERTY OolRDENS HOMEO'IINER'S ASSOCIATION SHAL.1. BE IESPOMSi8t..E FOR TllE WAINTENANCE CF SA10 T1l!ACT "c". HOl'IEl'ER, S110IJLO TI£ HOMEO'MERS ASSOCl/,.TION FAIL TO PIIOPERLY MAINTAIN l!IACT "c" THEN LOT O'M>IERS OF ALL THE LOTS 1 ~ Je SHAI.L SE EQUAi.LY RESPO!fill..E FOR THE MAINTEHANCE OF SAID TRACT "C". & TIIACT "D" IS GRANTED .o.HO C(W\£YED Til lliE UllERlY GAAOENS HOMEO....ERS ASSOCII\TION UPON TllE RECORDING <f" THIS Pl.AT Rf! C1!111CAL AREA PURPOSES. Tl£ "l!IACT ~ IS Sl8.ECT TIJ A N.0.P.,\. EASEMENT AS NOTED BELOW. TllE LIBERTY GA11PE11$ HOlrilEO'IIIERS >.SSOCIAllON SHAI.L BE RESPONSIIILE FOR THE IUJNTENANCE or SAIO IRACT ANO OTHEl'I IMPROVEIIOllS CONTMIEO TllERElN. IN Tl£ E'IENT THAT TllE HOA IS OISSOI.\IED OR OTHE!!'MSE Fl,l.S TO MEET ITS PROPElilY To\X OIIUOATIONS.. .O.S E\11!:0ICE BY 'iON-PA"fMfMT OF PflOPERT\' T.oJiES FOJI A PEFIIOO OF E:tGliffEN (18) MOH'FHS, THEM EAC!l LOT IN 1tt1S Pl.AT Sll!J..L ASSIME AND HA\IE AN EQUAi. NlO UNOl\11Dm OWNDISHIP INTEREST IN TRACT "o" ~OUSLY Ol'IIED BY TfiE HOA AND HA\E THE ATTENDNlT F1NANCAI.. ANO IIIANTEtlANC: RESPONSIBILITIES 7 Al..1. UTilJlY EASEMENTS (UE) 11/1:E HEREBY r,ESEJMtl EOJAI.L Y TO ALL UTR.lTIE$, eDTH PUBUC ANO PRIVATE. FOR O'IIIERSHIP AND MAINTENANCE P'IIRPOSES. ALSO SEf "EASDIENTS AND RESEIIYATIOlls", ON "11,IS PAOC. ALL !IUILDIHG ~SPOUTS. F0011HQ OR.Al~ AND DRAINS FROM AU. IMPER\IIOUS SURFACES SUC!l AS PATIOS AMl DRIVEWA'IS Sl1Al..1. BE CONNECTED TO THE: PERMNlEtH STORM DRAIN OOTl.£T AS Sfl!J'Mj ON THE APl'IIOllic'.D CCIISTRUCTION DRAWNGS /fhf723 ON ALE \!IT}j THE CITY OF RENTON. THIS PLAT SHALL ftE: SU:UTTEO MTH THE APPUc.lTI!»I <f" NI'!" BIJLDIMO PERIIIT. ALL CONNECTIONS OF THE DRAINS MUST BE CONSTRVCTEO ANO APPROVED PRIM 1tl THE FINAL BUil.DIMO INSPECTION IY'Pfl.OVAI... FOR l'rfCISE LOTS THAT AR.: [lE!;IGNATl'll FOR INJl'"1W~ LOT INfllll!ATION S\'STEMS. TI-IE 9YSTEM SHAU BE CON'STRUCTED AT THE TIME Of" THE: BJILl)L'l(l l'ERIIIT AND SHAU. COt.lPl '!" MTI--1 Pl.ANS Oil 1'11..E. _& ltCCESS FOR LOT 11 SHAI.L SE Ulll[l) 1tl S.£. HOTl1 STREET ONI.V. THERE: SHAU. BE: NO DIRECT \£HIOJI..AR ACCESS TO OR FROM 194TH A\IEMUE S.E. '/11-!IC!l -'IIIJT CT. A ACCESS FOR LOTS 12 THROI.IQH 20 SHAU. BE LIMITm m 1RACT "A" AND 15Jflll PL.ACE: s..E. Dl'lLY. THEA£ 9-IAI.L 8E NO DIRECT >'EHICULAR ACCESS TO OR fflOII 184TH A\Ok!E S.E. FROlol TllOSE LOTS -CH Al!\JT IT. &h_ ACCESS FOR LOlS 1, 3.3 AND » SHAU. 8E LIMIT[!) TIJ 1G3RD AYENUE S.E. AND s.E. IWT!-1 STREET ONLY. TiiERE SHAl.l. ftE: NO DIRECT "¥EHICULAR ACCESS Til OR FRCII 1B2MO A.n«JE S.E. FROM THOSE LOTS 'MilCH Al!\JT IT. 12 PROPERTY Wll1HN 1HIS Pl.AT IS Sl.8.ECT 1tl COIOINlTS CONDITIONS AND RES"IRICTIONS. KlNC OOJNlY RE~ NUMBEl'I ----------- & TI-IE ~ SNIITARY SE'IIER El,.SEl,l[NJ WTHIN LOT 33 /IMO lRACT "C" IS HEREBY GRAMEO TO TI-IE CITY OF" l!ENTON FOR MAIN1'£NANCE Of 11-£ f'U81..1(: SE'lcOI FACILITIES M11CH UE WTI11N TllE EASEMENT ARE"- A THE L.,+,lfJSC,lp[ EASEMEJIT O'wER LOT 38 FOR A ENTI!ANCE M<NJMENT SHALL BE MAIHTAINfll 11Y THE LifEITY GARDD1S HOWE:O'lll£RS ASSOCIATION. NATIVE Ollownt PIIOffCTION ARIA fN.G.P.A.1 NOTE R1 IICIUMlAAY SIJlt',£Y F"OR THE ESTATE OF DONALD 'II. NEL9al RECOl!Dro IN VOI.UME 93, PA« 2ll0, RECORo5 or 1(100 COUNTY WJ.SHltlOTON. R2 PLAT OF C~VAJ.J.A. R[CMOEI) IN VOLUME 2e3, PAGC(S) 41-4.3, RCCOROS or l(ING COU'ffY" WA. RJ Pl.AT Of CEDAR PAR!( fl\E ACRE TRACTS, RECORDED IN \ll:lLIJl,IE 15, PAGE fl, flEcalOS OF K1NC CCU{lY WASHINGTON. A4 Pl.AT Of" LJIICRTY LANE, RECORDED IN \O..Ut,IE 113. PAGE(S) 20--21, RECCffl>S OF KING COUNTY WA. RI'> Pl.AT Of SADOI..EBROOK, RECDttllll IN VWJME a:i, PJ\f£(S) ~IH511. UNDER RE'CORl)IMG: NUMl!ER 201J1D16002D3ll, RECOROS CF KJHt; COUNTY WASHNG-TOM. ' R'5 Pl.AT Of LIBERTY CltOYE, RECCflDD) IN VDLUME 241, PAOE(S) :M-28, UNDER R[CORDIM(l ffJMIIEtl 200705300000J7, l!E:COROS CF KINI; COltllY WASl,l"IGTIJN. SE 1/4, SE 1/4 SEC. 1 .. "JW'. 23 N •• RGE. ~. W.W., ClY Of" flfNTOM, l(IN(l C!l!KTY, WASliNGTOM www.axa..._.ODIII .Axis JOB NO. ""' 14-076 3/11/2015 ""'"'" °"°""" -·-IS24lNE90UJSt. ERM SPJR 11.IDMONI), WA 980S1 SCAU SH»T TEL ~2S.8Z3-!700 F...X42;.8iJ.6700 N/A 20F4 SHEET 3 OF 4 LUA 14-001417 LND 10-osrn '" "'° (SQ. fT.) ' ro,~ ·~ IWERV.• ' H.114 J.,&7~ ' 5,015 ,_ ' ,., ,mo • ,m, ,m, • ,m, ,m, • ,m, J,01J ' 5,022 J.Oi, • 9,029 J.e17 • ,m, ,., VOLUME: PAGE: LIBERTI GARDENS SE 1/4, SE 1/4 SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KlNG COUNTY, WASHINGTON CALC INTIC SE 12Bffl ST ,t ~ 1~TH AVi. S£ (R2l ---........ , CITY Of RENTOll 1,/0N. l,IO. 11152 '\t.\,. ''«';;. -~ ... Al :la GRAPHIC SCALE i-, i-, I I I ,oo ,oo " ,oo ,oo 1"=200' HORIZONTAL DA1UII HELO A BASIS Of BEAAtNCS Of NORTH 00'20'38" El.ST WJNG THE MCNJlilDflID SOOTl1 HAU' 0,, ll-£ u.5T UNE: OF" SECTION 14. OPS/CONYEMION NOTES LOCA'JEC: WASHU«lTON STATE PlANE lroll'III ZOIE COlielED SC~ F.,,_~ • 0.-701932. 1),£ INITIAL ~w,:re: CON",ERS!ON '4IIAS ~ USING THE: I.EICA 0£0 (1'1'1(:£ PROGIW,I \IERSION 4.0. I SE 1,36 ST SE 1~ ST -1 THST VICINITY MAP 1 • = 1000' WTBMPTABLE LOT A.RE~ (SQ. FT.) LOT !«A (50. FT.) '" NIU,, (SQ. rt.) m,~ -' =~ -~ IIIF'ERY.• -·· # TOT.\L ~Y.' I .. , ,.-" •= MOO " ,m 7,70(! ··-a •= •= " ·-J,507 21 ·-3,~l "' ,ro, ,m " •= J,300 ll •= """ " ""' '·""' " •= •= •= n '""' '·""' " ... •= •= D 11,310 "" " M1J .. ~ "" M "" J.412 " "" •= ,_ ~ 5,711 ,m " ·-•= ··= ~ ,.-'·"' lOll IMPOIIIIClJS Aft£A f!EtlUCTION - Lor AREA < 9.Dn SOUAJ£ f"E£T • 1!-0:11: LOT ~ > 11.on SQJME FU:T -46'1: BINGLE P ..... LY 11111Pa SINGLE FAMILY R[StJENC£S NIO OTHER IMPftO'ot:MEHTS CONSTRUCTE!l ON THE LOTS CflEA'!ED BY ™E Slf80MS!0N ¥UST IMPt.£MEHT 1}IE FLOW CONTRa.. 9EST WAHA()OIENlS PAACnctS STPUU.1ED lff TliE APPRO\m ORAINACE ST\JOY MID f'lANS tlO. Rl7ZJO'I ON 1'1LE •TH l11E OTY Of RENTON Ml! "5 usrro IN THE ~~~ ~al~~h AND QWITS (I' EASEJIOITS RECUIOEil HERl;ON. 111,F l<NDWN "'5 RE3Til!IC:111/E ft!CIT PRINT IS f'ROW)[I) ON ALI.. LOTS. HEUI FOlMl ll( 1M LEAD IN CONC lilON IN CASE. OO'IIN O.M' .INTX. 182ND AVi. SE I: SE 1371H Pl.ACE (.5/2t/14) S.E. 136TII ST ~t == NN'OJ'OB"w 8M.J2'CALC "°51TICII -(N851J1'J1"W "3.08' ,U) 14 F'ER "2 CALCl.l.ATEO \13 POSITION PER R2 SE !/ ... SE 1/4 SEC. 14, 1'11'. 2J N., R(l[. 5[., W.11., OTY OF REMTI;lll, QG COJNTY, - www.axlernap.oom m •~J.! JOH NO. Mtt 14-076 3/11/2015 DRAWN BY °"""" " ERM SPJR l524l Ni: 90th SL REDMOND, WA 980S2 SOOE "'"" TEL 42S.82:Vi700 FAX ~21.H!Hi700 l"-200' 3 OF4 LIBERTY GARDENS VOLUME: PAGE: SHEET 4 OF 4 LUA 14-001417 L'ID 10-0519 SE 1/4, SE 1/4 SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., U8PIINT LIQIND "-~ (21 lilCMIMENT (SIGH) E.l.!IEYENT (JI PIIVAlE S1U111 - (!I PMIVA1'E 5EWEJI ~ (51PIJII.JC U1ll,ITY !l)PU(IJCS!Cfllll)RJUIA(ilE IZI PUii.JC Sl;:'lt;!t DIVi!Mi;ie: SY1180L LIQEND CITY OF RENTON, KING COUNTY, WASHINGTON ~c11s'\Ji1s\.~ I ~ J ~1 1 ~@ I \9 raNl 1/2" REBA/I: «l' Oir ~ .tilt"\ . o;X" ~ AND CN', L.Sf BCE ~~~ 2,e3 I?~· ~ffe:,©i FOUND, RfBAR AHtl 'I.SI 45789 0.1'S.. O.J"E. (5/21/14) ~(Ol\.· 9Cf. 457951 o; Ur£ (S~'\rr FOAA AND CAP, 62.JT 50.01' 50.0I" N88'20'JrW 159J.71' (-.<>&· ~1 1..51 ,4,571911 o.1's. !1/21/14) LOT{S) 0/5 DIST LOT{S) ,;, 13.30' m,,,.. ,,, U.2D' "'""' ,,. 13.20' _,,, '" 1J.2D' 33/31 '" 13.20' 31/.U ,;, 13.20' """ "' 13.20' ~"' 50.DI' 5(1,o,' 50.01" ro.DI' eo.01· 50.01' ~ ~ ®ill) 5(5,01~ SF.) ~ © 0/S DIST w,~ "'" " u . .2D' " 13.20' ~ 13.20' " ""' ~ ""' " 13.20' ~ CURVE TABLE lillll) ~ 7 ; 8 ;., (5,022 S.f.) i,, (8.029 s.F.) 5 @ ~ @ =" -~ = LANDSCAPE MONUt.!ENT EASEMENT DETAIL W • 50') 88'.0-45" 25.DD D1'20'4.5" "00 Bln9'1!1" aoo t1i8'2fl" "00 2!1~"39" .... 111"4T41" ... 18'21'2!1" 81.50 ~ .. "·" ~ .. ,OM ~~ "" m, 11-!14"2~';2• R•2!,,00' L•J.6.84' M0"29'22"E £2!1.18' L.,1.NOSCN'E MONIMEIH D.SElilEIH 36 ,~, 4.!,'ftOII' """''"' " "' . ,~11 l ~;;~ ; <@ .. ~mi :::!;...o _ .. • ,0: R :Ii l! =gff~--,~i.~~ ... LINE TABLE ~~ ,-- L1 Is 00"22'55" WI 1!..2T GRAPI-UC SCALE r, r, j j so 25 so l"" SO' ,oo SI SET STNl>NI.' -..uE!IT ,;, 13.20' ""' 13.20' " 24'S1"15" 81.5(1 n~ SE 1/4. SE 1/4 SEC. 14, lW'". 23 N .• RGE. !!E., 111'.M., CITT' ~ RENlal. KNG COUNTY, WAll-lNC"!ON • FOl..t«I ,ruJllfl AHi) CIR MS NOTED O SET ~Ali ,VID CN' ".oJGS ~1191G" X SET lE.0.0/TACI( 1.Sf411916 SEE CIJRII PWG T"-Ell.E @ FOON() tilONWENT "'5 NOTED 0 EASDIEHT P!!DIIISIOIIS (5££ SHEET 2) /:,,. Pl.AT NOTES {SEE SHEET l) 0 DRAINAGE NOTES (Sfl: ~EET 2) ~ CITY Of RENTCtl MW$€ MVW9ER t22Zj PRIV,\TI: SltlRM DR,IJH.l,GE E,\SEMEHT '"' 10/11 12/13 !J/H 14/15 15/1G ,e111 17/TRA 13.20' ""' 13.20' " IJ,20' ut,, "" "' IJ.211' ,,,,. 13.2D' "' 1J.2Q' '"" ""' "' 13.20' ""' ""' "' !l.19' ""' ""' "' 14.GD' '"" ""' "' ""' """' ,,.,. "' IW37'U" ,,,. 1Q.SS -·~•p.oom .,.,.,,. ~.00 81.91 ,_,,.,. ""' ~n ,_,,.,. ""' «.n 1!1!!"41'32" "" M.ro D118'28" "" "·M $~.!! 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PF01C) WETLAND ENHANCEMENT-- •000 SF BUFFER ADDITION 9,637 SF WETLAND AND BUFFER MITIGATION PLAN DR HORTON-LIBERTY GARDENS PORTION OF SECTION 06, TOWNSHIP 22N, RANGE OSE, W.M. PERMANENT BUFFER IMPACT ~.791 SF - • ,,, • ,, • 111m1111;-r· ~-22 28 J ----;; 27··~ 1 . . [_ ! 2s I TEMPORARY BUFFER IMPACT TO ae RESTORED 1.885 SF '"'"" ADDITION m~ 16 20 ........ , R-37233 ~ !mALE: 1" = 50' Ii.ii lj........J 0 50 100 ·'-· R,::::r.,..• ' l t t ' ,t J .· .. ~ )~~--::",.'I'"' ... , .. l • l ;.,..~ : ' ~"'."~: t . -,..~~l :i~ . -c·! ! ·;; ,:.:;.::; ~;...._ El I \ \: j '"7't J · ...... =:,f. ~i."i' ;:,,..i,.J"''f"itt._ .. l g ij ! ~ "' a :!: >-S;: !:; ~ :: CD ," !i:l ~ • ! ; a ' ! ~ o 1 i i • " z @~ l' I ii'!•~ ' ~J~~ ,F,:, ~~@§ I ~ _h~i ! ~ ~c!H c,i<.:JOO lifli ., s !l I "' Ir z s"' 0. z zw 00 . .,,., -"' ~ <( :z ~ ~§ !:::: .-:z :;: ffii: ffi ~1 ~~· ~ . z :::, z I? "'oz Cl Ii:~ zo " J: a "' ~o lg M 1 1'10,:&l'O l""<l ! VIOlOl'lO 'I 'a'i:! 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I I ::1 ! I I !, ' " ' ' , ' ' ' ; ~ I _, t " - ' • l i : ~ I Ii ' i I ' j ! • i ! I I I' ! : ; I ~ i I i ' ! ' I • !I ' ~; ,, ii '! ! ''I ,, '! ii ' Ii'. le1 !-__ll_ ]· - t . ·-·i ..... M-~~ 9 0 ~ ' (/) ii ij ,§ .... . ,,.,,._ ,.,...,,-'!''."-; ·':,,"/··--';,;"5 ~ -~ .. "' ~ !''.''-' ;u-,,::-- ,,.,,s-. -:-,;,,"' l-o -_J w z ::; :x: ~ ::;; ..... ..... _J 00 ,-.« """' ,-.« r- """' I ci:::: ~ r' ,, ~ " t" e D u ' 'r/M AlNnoo 8Nl)I "N01N3~ Nv'ld 3:)\fdS NOl1\f31::l:)31::I SN30eN'.l J-HJ3811 1~ m1111 , i 1 : 1 11 1 1. 1 . 111!:~~ , · .. !' /!' ! 1 ~ 1 ,· , ! 1 1 i1 1 1 "' i 1~ J · · · I I 11' ' I ; , . ·I , l i ,1 I'· !, ' ! I, I ! i 1! I ii I · i ! ! I i I' I ' j I 11 • i I'!! 11 ' • • . i I ' I ' . ' I j I Ii ! 1 ·1,i ,1 ! , i , , • ! • ! r 11 !1, JJ I I I ' I . I . . : I ., I 'I ' o' . I 1 1,11 ' , ' ' !1 . ! • , 1 i I . • • ! 11• I ' ! i1 ' , . 'i . ! . I . , . ' i I i .!· ! I I i ~ l ! . 1.11.: ! I ~ ·~ , ~ > I· I 5 i, s~i ~ , '. ~· 11',i I i iJd ''· 11. ji;! ' , j , · i' 'i')' • · h • l'J I' ': ll!•,llli G@ 1<1>,1 *0©8®G § (0 © ; I I 1 l i I ! , I I ' , I I ! ! . . ' ' ' I , i I I I I i I 5 !l 'i 11 Ii ii I I 1 I ' I i ' ' I ! I I I i I I ! I c:::> """ """ ,..... r- """ a= ,:,;,;. .. {it ~ J M 2 3 4 5 6 7 8 9 10 11 12 13 14 15 MAR 2 3 2015 RECEIVED CITY CCERK'S OFFICE BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Liberty Gardens Final Plat LUA14-0001417 FP ) ) ) FINAL PLAT APPROVAL ) ) ) ) ) Summary 16 The applicant has applied for final plat approval of the Bob Singh Final Plat. The final plat is approved subject to conditions. 17 18 Testimony 19 No hearing is held on final plat applications. 20 21 22 23 24 25 26 Exhibits The following documents were considered in evaluating the application for final plat: I. 2. 3. January20, 2015 staff report. January 20, 2015 memo to Phil Olbrechts from Robini Nair. Vicinity Map Findings of Fact FINAL PLAT -1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Procedural: 1. Applicant. SSHI LLC dba D.R. Horton 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 36-lot subdivision. The subdivisions received preliminary plat approval on April 28, 2009 by the City of Renton. The subdivision is located at southeast of 162"d Ave. SE and SE 1401 h St. 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-llO(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 to the satisfaction of City staff with security that complies with City code prior to the recording of the final plat. applicable fees shall be paid prior to recording of the final plat, except those fees expressly deferred to a later date by the preliminary plat conditions of approval or City ordinance. Dated this 7th day of February, 2015. FINAL PLAT-2 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ) • .. • ( . . . · .. f'-/ C l'hlf~. Olhrcdll< City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-1 IO(E)(9) and/or RMC 4-8-1 lO(F)(l) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-11 O(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-l lO(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. FINAL PLAT -3 CITY OF RENTO __ DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: March 20, 2015 To: City Clerk's Office From: Sabrina Mirante Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office Project Name: Liberty Gardens Final Plat LUA (file) Number: LUA-14-001417, FP Cross-References: AKA's: Project Manager: Rohini Nair Acceptance Date: October 21, 2014 , Applicant: Kyle Lublin Owner: Contact: PIO Number: 1457500150, 1457500145 ERC Determination: Date: Anneal Period Ends: Administrative Decision: Date: Anneal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Anneal Period Ends: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Final plat for Liberty Gardens. Location: Comments: ERC Determination Types: DNS -Determination of Non-Significance; DNS-M -Determination of Non-Significance-Mitigated; DS -Determination of Significance. I i J ' Rohini Nair From: Sent: To: Subject: Rohini, Kyle Lublin <KLublin@drhorton.com> Thursday, March 19, 2015 10:34 AM Rohini Nair RE: Liberty Gardens -PSE street lighting The frontage street lights are in and some temporary lights were installed in the plat are in. I sent you a letter from lntolight a few weeks ago noting that there was a delay with the lights at the manufacturer. Everything has been ordered and paid for and the permanent interior lights will be installed as soon as they are delivered. Thanks Kyle Lublin Entitlements Analyst DR Horton-America's Builder 425-821-3400 Ext 5142 425-577-3684 Cell D.R. Horton I America's Builder I,• :,; YOlJAREHERE. , • I:, ···• '"' IV[RYW!fl'RL ~tft.,. + drhorton .com/wa From: Rohini Nair [mailto:RNair@Rentonwa.gov] Sent: Thursday, March 19, 2015 10:17 AM To: Kyle Lublin Subject: Liberty Gardens -PSE street lighting Hi Kyle, What is the status of the PSE street lighting for the project? Sincerely Rohini Rohini Nair From: Sent: To: Subject: Attachments: Rohini, Kyle Lublin < KLublin@drhorton.com> Wednesday, March 18, 2015 3:27 PM Rohini Nair Monument Letter Liberty Gardens Monument Letter.pdf I have attached the letter from Axis regarding the monuments at Liberty Gardens. I think the only outstanding item is the title report. Thanks Kyle Lublin Entitlements Analyst DR Horton-America's Builder 425-821-3400 Ext 5142 425-577-3684 Cell D.R. Horton I America's Builder !.' ·~ YOU ARE HERE. • 0:, ·'-' ·.,, EVlRYWHERE. fi\,. ~ drhorton.com/wa ~ -, ~- ~~ I ' . ---.......... l 1-.........___::..._ _...,.. ... __ / ~ __ / _/ .- / March 18, 2015 Robert MacOnie Mapping Coordinator CED/Planning -6th Floor 1055 S Grady Way Renton, WA 98057 425.430. 7369 RE: Liberty Gardens Monuments Robert: The Right-Of-Way monuments at liberty Gardens have not been set as of this date of 3/18/2015. The monuments have been marked in the field but will not be installed until the final lift of asphalt is completed. At such time the owner will have the monuments installed and Axis Survey and Mapping will set the final markings. Attached is a letter stating that the monuments will be installed. Please feel free to contact myself at 425-823-5700 and by fax at 425- 823-6700. My email is Stevep@axismap.com ---__ ,, -.,,.,l ,r Toll Free 1·800-933-AXIS · Phone 425-823-5700 · Fax 425-823-6700 · 15241 NE 90th St.. Redmond. WA 98052 · www.axismaomm ., I, Stephen H Phillips Jr, PLS, a registered professional land surveyor in the State of Washington, a representative of Axis Surveying and Mapping, Inc. do hereby certify that all the monuments depicted on final plat known as Liberty Gardens in Section 14, Township 23 N., Range 5E., W.M., in King County will be set as indicated on said final plat by me or under my directions and that all angular and distance measurements indicated on said plat, as well as any other survey data thereon, will be correct, true, and accurate. Stephen H. Phillips Jr. 15241 NE 90u, Street, Redmond, Wa. Signature .. , ~-· _, . : '.';_:,,~_; State of Washington County of KtN&- 1 certify that I know or have satisfactory evidence that Stephen H Phillips Jr. signed this instrument and acknowledged ii to be (his) free and voluntary act for the uses and purposes mentioned in the instrument. (Seal or stamp) TOIVO J. ORNI STATE OF WASHINGTON NOTARY PUBLIC Date: Title: ,4.,,<o,:.~ My appointment expires: a.,. zz~ Zoll, Toll Free 1-800-933-AXIS · Phone 425-823-5700 · Fax 425-823-8700 · 15241 NE 90U, St .. Redmond, WA 98052 · www.axismao.com , ' . ·~ FirstAmerican -. Subdivision Gu ... , ... ntee ISSUED BY Schedule A First American Title Insurance Company Order No.: 2330876 Name of Assured: DR Horton Company Date of Guarantee: March 11, 2015 GUARANTEE NUMBER 2330876 Liability: $1,000.00 The assurances referred to on the face page hereof are: 1. Jitl~ai:il'@aj;!=J(l in: ~!i!.4~C:, .a Delaware Umlted liability company, dba D R Hort6n Fee: $350.00 Tax: $33.25 2. That, according to the public records relative to the land described in Schedule C attached hereto (including those records maintained and indexed by name), there are no other documents affecting title to said land or any portion thereof, other than those shown under Record Matters in Schedule B. 3. The following matters are exduded from the coverage of this Guarantee A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. B. Water rights, claims or title to water. C. Tax Deeds to the State of Washington. D. Documents pertaining to mineral estates. 4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein. 5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It Is not to be used as a basis for dosing any transacton affecting title to said property. 6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment, guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. Form 5003353 (7-1-14) Page 6 of9 Guarantee Number: 2330876 CLTA #14 Subdivision Guarantee (4-10-75)1 Washington ·~~ , First American Schedule B Subdivision Guo, antee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 2330876 RECORD MATTERS 1. Taxes which may be assessed and extended on any subsequent roll for the tax year 2015, with respect to new improvements and the first occupancy which may be included on the regular assessment roll and which are an accruing lien not yet due or payable. 2. Any and all offers of dedication, conditions, restrictions, easements, boundary discrepancies or encroachments, notes and/or provisions shown or diseased by Short Plat or Plat of Cedar Park Five Acre Tracts recorded in Volume 15 of Plats, Page(s) 91. 3. The terms and provisions contained in the document entitled "City of Renton, Washington Ordinance No. 5465" Recorded: Recording No. : November 05, 2009 20091105000541 4. Reservations and exceptions, including the terms and conditions thereof: 5. Reserving: Minerals Reserved By: DRH, Energy, Inc., a Colorado corporation Recorded: February 14, 2013 Recording Information: 20130214001080 We note no examination has been made regarding the transfer or taxation of the reserved rights. Easement, including terms and Recorded: Recording Information: In Favor Of: For: provisions contained therein: November 20, 2014 20141120000721 Puget Sound Energy, Inc., a Washington corporation Electric transmission and/or distribution system Informational Notes, if any A. B. General taxes for the year 2015, which have been paid. Tax Account No.: 145750014501 Code Area: 2162 Amount: $ Assessed Land Value: $ Assessed Improvement Value: $ Affects: Tract 5 9,503.57 776,000.00 0.00 General taxes for the year 2015, which have been paid. Tax Account No.: 145750015003 Code Area: 2162 Fom, 5003353 (7-1-14) Page 7 of 9 Guarantee Number: 2330876 CLTA #14 Subdivision Guarantee (4-10-75) Washington $ $ Assessed Improvement Value: $ Amount: Assessed Land Value: Affects: Tract 6 9,503.57 776,000.00 0.00 Form 5003353 (7-1-14) Page 8 of 9 Guarantee Number: 2330876 CLTA #14 Subdivision Guarantee (4-10-75), Washington! ~" .. ' Subdivision Guarantee ~~~ ' First American ISSUED BY Schedule C First American Title Insurance Company GUARANTEE NUMBER 2330876 Toe land in the County of King, State of Washington, described as follows: TRACTS 5 AND 6, BLOCK 4, CEDAR PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 91, RECORDS OF KING COUNTY, WASHINGTON. Form 5003353 (7-1-14) Page9of9 Guarantee Number: 2330876 CLTA #14 Subdivi~on Guarantee (4-10-75)· Washington ~LAN' REVIEW COMMENTS A14-001417 City of ''. ENG -Final Plat Submittal Review Version 41 February 24, 2015 Engineering Review Comments Rohini Nair 1425-430-7298 I rnair@rentonwa.gov From: Rohini Nair Sent: Thursday, February 12, 2015 5:45 PM To: Kyle Lublin (KLublin@drhorton.com) Subject: Liberty Gardens final plat review comments on documents emailed to City Hi Kyle, The CCR's look okay. Planning comments for remaining elements of the final plat 1. Please revise Sheet 4 of 4: Tract D Title should include specific information for the critical areas located with the tract. Including: Type (Stream/Wetland), Classification, Size of each critical area and size of buffer. You can place in a legend or within the tract. 2. The mitigation is required to be installed (plants, signage, fencing, etc.) prior to Final Plat approval pursuant to the approved plan, please have your wetlands specialist provide me with written verification that the installation is in conformance with the approved plan or alternatively provide me with an as built plan. 3. Please contact me to request a landscaping inspection to ensure all plantings not located on the individual lots have been installed. Please note that the approved plan calls for all 3 inch caliper trees and I will be checking to ensure that those trees installed before and after Final Plat are 3 inch caliper or larger. 4. Please provide Maintenance and Monitoring surety in the amount of $16,390. Technical Services Section Please see the comments in the attachment. There are a couple of minor corrections to the language on the Plat: "NGPA" vs "NGPE" in Plat Note 6 and in the language for the NGPA lumps "SOLD" with vegetation restrictions. End vegetation statement with a period and insert" TRACTS ENCUMBERED MAY NOT BE " before the word "SOLD". Engineering comments on things needed Final plat plan changes shown in attachment. Bill of sale Cost data form Maintenance bond Information regarding mailboxes installed Information regarding street lights installed Maintenance section has been requested to do the walk thru of the site -City will give punchlist information after that Mylars of As Builts Pay the deferral amount for the deferral permit (if not already paid) Any remaining payment ( or other concerns) Sincerely Rohini Phone: 425 430 7298 Hi Kyle, Please correct Plat note 6 on sheet 2 to read N.G.P.A (instead of the currently written N.G.P.E). Additional comments from land use section regarding the plat Land use comments The mitigation is required to be installed (plants, signage, fencing, etc.) prior to Final Plat approval pursuant to the approved plan, please have your wetlands specialist provide me with written verification that the installation is in conformance with the approved plan or alternatively provide me with an as built plan. Please contact me to request a landscaping inspection to ensure all plantings not located on the individual lots have been installed. Please note that the approved plan calls for all 3 inch caliper trees and I will be checking to ensure that those trees installed before and after Final Plat are 3 inch caliper or larger. Sincerely Ran: March 23, 2015 Page 14 of 18 ~LAN'REVIEW COMMENTS A14-001417 City of ". ENG -Final Plat Submittal Review Version 4 I February 24, 2015 Engineering Review Comments Rohini Nair J 425-430-7298 I rnair@rentonwa.gov Rohini November 18, 2014 Mr. Kyle Lublin D.R. Horton 12910 Totem Lake Blvd NE, Suite 220, Kirkland, WA 98034 SUBJECT: Status Report of LIBERTY GARDENS FINAL PLAT File No. LUA14 001417 FP Dear Mr. Lublin, The purpose of this letter is to provide an update on the status of the final plat submittal. There are several outstanding items, which must be completed and resubmitted for review before project can be completed and the final plat can be recorded. I am forwarding on the first set of comments from all departments. Property Services (Technical services) Comments Bob MacOnie reviewed the final plat submittal and has provided CORRECTIONS RESUBMIT comments. 1. Please see the separate attachment for the property services (Technical services) comments. Planning Comment Rocale Timmons reviewed the final plat submittal and has provided the CORRECTION RESUBMIT planning comments: 1. Please revise Sheet 4 of 4: Tract D Title should include specific information for the critical areas located with the tract. Including: Type (Stream/Wetland), Classification, Size of each critical area and size of buffer. You can place in a legend or within the tract. 2. The mitigation is required to be installed (plants, signage, fencing, etc.) prior to Final Plat approval pursuant to the approved plan, please have your wetlands specialist provide me with written verification that the installation is in conformance with the approved plan or alternatively provide me with an as built plan. 3. In order to provide you with the amount of security necessary for the maintenance and monitoring of the wetland mitigation plantings, signage, and fencing, we will need a copy of the signed maintenance and monitoring contract for this work. A draft (followed by a final) maintenance and monitoring contract (or contracts) for our review prior to execution of the contract shall be provided. The draft contract language must ensure compliance with both the performance standards of the Sewall Wetland Consulting, Inc., mitigation plan as well the maintenance and monitoring standards of the Renton Municipal Code. The scope of the contract must clearly cover the cost of plant maintenance and replacement as well. The language in the contract must also guarantee that "structures, improvements, and mitigation perform satisfactorily for a period of 5 years" (e.g. add provisions for plant replacement and weed removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan. The contract must include quarterly monitoring reports for the first year and annual reports thereafter. The draft contract must be followed up with a final signed contract once the City approves the draft version. Once the City approves the contract proposal, the applicant will need to provide a maintenance surety device (a letter of credit or irrevocable set aside letter) set at an amount totaling 125% of the cost to guarantee satisfactory performance for a minimum of five years. 4. Please contact me to request a landscaping inspection to ensure all plantings not located on the individual lots have been installed. Please note that the approved plan calls for all 3 inch caliper trees and I will be Building Comments Jan Conklin reviewed the addressing aspects and has provided the following CORRECTIONS RESUBMIT comments. 1. Add addresses to face of plat plans. Please see the separately attached addressing sheet. Ran: March 23, 2015 Page 15 of 18 ~LAN' REVIEW COMMENTS A14-001417 City of "+ ENG -Final Plat Submittal Review Version 4 I February 24, 2015 Engineering Review Comments Rohini Nair 1425-430-72981 rnair@rentonwa.gov Fire Comments Corey Thomas reviewed the final plat submittal and has provided the following CORRECTIONS RESUBMIT comments: 1. Provide and install all required street name signs per approved plans. Plan Review comments Rohini Nair reviewed the final plat submittal and has provided the following CORRECTIONS RESUBMITcomments: 1. Final Plat plan and documents submitted i. Please see the attached sample letter format for the Confirmation of compliance with the conditions of the Plat Approval, include the date of the approvals also. Revise and submit the confirmation of compliance for Liberty Gardens in this format and resubmit. Include the conditions of approval of the preliminary plat minor modification also. ii. The CD that was submitted with the Liberty Gardens submittal cannot be opened in our computer. Please submit a new CD. iii. The ROW dedication shown in the approved utility construction permit is 5 feet instead of the 4.5 feet currently shown in the final plat plan. Please correct the final plat plan. iv. Please label that the ROW width on 164th Ave SE ROW as 35 feet (after dedication) in the final plat plan. v. The individual Lot storm water BMP table should be included with the final plat plan, or a separate covenant for the Lot BMPs should be recorded and the information should be shown on the final plat. 2. Maintenance Agreement for Stormwater The City attorney will review the CC&R's. 3. Utility Improvements Punch list Complete all utility, drainage, paving, grading, street lighting, landscaping, street improvements, including Installation of all street signs for the project. This includes all punch list items from the Public Works Inspector and/or the City Maintenance Division. Please continue working with inspector, Mark Wetherbee, 206 999 1829. The utility construction permit must be signed off by the inspector prior to recording of the plat. Please ensure all punch list items are complete, the project has a final walk through and permit sign off has been completed. 4. Street lighting Provide status. 5. As Built Submittal The construction plan mylars must be checked out from the sixth floor Public Works counter and updated or replaced with a complete As Built plan set. All plan sheets, including those constructed per design, must be verified, stamped and signed as As Built by a licensed surveyor or engineer. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all sanitary sewer, and storm drainage systems easements, which shall be consistent with the As Built location of the utility. Once the above have been addressed, submit one set of As Built blue lines of the civil drawings to me. The inspector will review the blue lines. If they are in order, I will call for the civil mylars to be returned. These final mylars must be submitted for our permanent records. The mylars shall be labeled "AS BUil T" in a large block letters and stamped by a PE or PLS. Ran: March 23, 2015 Page 16 of 18 ~LAN' REVIEW COMMENTS A14-001417 City of .. + ENG -Final Plat Submittal Review Version 4 I February 24, 2015 Engineering Review Comments Rohini Nair 1425-430-7298 I rnair@rentonwa.gov 6. Construction Cost Data The Cost Data Inventory Form (based on information from the As Built drawing) 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. 7. Bill of Sale The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and Inventory Form. Include sidewalk, curb, gutter, sewer, storm, and storm vault to be owned and maintained by the City. 8. Maintenance Bond A two year Maintenance Bond or Assignment of Funds is required in the amount of 20% of the grand total of the storm, streets, sidewalk, curb and gutter and storm vault costs as shown on the Cost Data Inventory form. The permit bond will be released upon receipt and acceptance of the maintenance bond or assignment of funds. 9. Easements Separate utility easements, where applicable will be required to be submitted for review. Easement documents must be submitted, approved, and recorded by the City. Please submit all easements for our review and approval before signing and notarizing by the property owner. We will return for final signature and notarization once our Technical Services Division has approved the legal description and easement form. Please include legal description as "Exhibit A" and map showing location of easement as "Exhibit B". 10. All Fees Paid i. All outstanding fees must be paid. ii. Ensure any overtime inspection billed to the job is paid. iii. A check in the amount of $15.81 made out to Champion Courier will be required prior to recording. Please submit all correspondence and revisions to me and I will forward them on to the appropriate departments for further review. Please keep in mind each department has up to two additional weeks to review the corrections. If you have any questions please contact me at 425 430 7298. Sincerely, Rohini Nair Project Manager Development Engineering Email: rnair@rentonwa.gov cc: Bob MacOnie, Technical Services Corey Thomas, Fire Department Jan Conklin, Building Department Rocale Timmons, Planning Division Steve Lee, Development Engineering Mark Wetherbee, Construction lnsoection Ran: March 23, 2015 Page 17 of 18 ~LAN REVIEW COMMENTS ~14-001417 City of " + ENG -Final Plat Submittal Review Version 4 I February 24, 2015 Planning Review Comments Rocale Timmons I 425-430-7219 I rtimmons@rentonwa.gov RESOLVED: 1. Please revise Sheet 4 of 4: Tract D Title should include specific information for the critical areas located with the tract. Including: Type (Stream/Wetland), Classification, Size of each critical area and size of buffer. You can place in a legend or within the tract. 2. The mitigation is required to be installed (plants, signage, fencing, etc.) prior to Final Plat approval pursuant to the approved plan, please have your wetlands specialist provide me with written verification that the installation is in conformance with the approved plan or alternatively provide me with an as built plan. RESOLVED: 3. In order to provide you with the amount of security necessary for the maintenance and monitoring of the wetland mitigation plantings, signage, and fencing, we will need a copy of the signed maintenance and monitoring contract for this work. A draft (followed by a final) maintenance and monitoring contract (or contracts) for our review prior to execution of the contract shall be provided. The draft contract language must ensure compliance with both the performance standards of the Sewall Wetland Consulting, Inc., mitigation plan as well the maintenance and monitoring standards of the Renton Municipal Code. The scope of the contract must clearly cover the cost of plant maintenance and replacement as well. The language in the contract must also guarantee that "structures, improvements, and mitigation perform satisfactorily for a period of 5 years" (e.g. add provisions for plant replacement and weed removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan. The contract must include quarterly monitoring reports for the first year and annual reports thereafter. The draft contract must be followed up with a final signed contract once the City approves the draft version. Once the City approves the contract proposal, the applicant will need to provide a maintenance surety device (a letter of credit or irrevocable set aside letter) set at an amount totaling 125% of the cost to guarantee satisfactory performance for a minimum of five years. 4. Please contact me to request a landscaping inspection to ensure all plantings not located on the individual lots have been installed. Please note that the approved plan calls for all 3 inch caliper trees and I will be checking to ensure that those trees installed before and after Final Plat are 3 inch caliper or larger. I RESOLVED: 5. Please provide Maintenance and Monitoring surety in the amount of $16,390. Ran: March 23, 2015 Page 18 of 18 February 23, 2015 Mr. Kyle Lublin SSH! LLC dba D. R. Horton Community & Economic Development Department C.E."Chip"Vincent, Administrator 12910 Totem Lake Blvd. NE, Suite 220 Kirkland, WA 98034 RE: Street Frontage Improvements -164th Ave SE Liberty Gardens Plat Dear Mr. Lublin: The City of Renton has reviewed a change from the approved 164th Avenue SE right of way improvements due to survey closure errors encountered by the developer. The change results in a reduction of 0.5 feet from the code required half street right-of-way width of 35 feet. The City Transportation Division has reviewed the modification and will allow the deviation since all built improvements, including the full width of the 5-feet sidewalk, is within the right-of-way. The City of Renton CED/Development Services staff supports the modification to allow a reduced right-of-way width. The modification listed in this letter will be included as part of the administrative short plat review and decision. If you have further questions regarding street improvements for this project, please contact Rohini Nair at 425-430-7298 or rnair@rentonwa.gov. Sincerely, ~-~-/- Steve Ting Lee Development Engineering Manager Cc:C.E. "Chip" Vincent, CED Administrator Jennifer Henning, Planning Director Rocale Timmons, Senior Planner Rohini Nair, Plan Reviewer Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov PLA~ REVIEW COMMENTS ~14-001417 City of ,. ' ENG -Final Plat Submittal Review Version 3 I February 12, 2015 Engineering Review Comments Rohini Nair 1425-430-7298 I rnair@rentonwa.gov From: Rohini Nair Sent: Thursday, February 12, 2015 5:45 PM To: Kyle Lublin (KLublin@drhorton.com) Subject: Liberty Gardens final plat review comments on documents emailed to City Hi Kyle, The CCR's look okay. Planning comments for remaining elements of the final plat 1. Please revise Sheet 4 of 4: Tract D Title should include specific information for the critical areas located with the tract. Including: Type (Stream/Wetland), Classification, Size of each critical area and size of buffer. You can place in a legend or within the tract. 2. The mitigation is required to be installed (plants, signage, fencing, etc.) prior to Final Plat approval pursuant to the approved plan, please have your wetlands specialist provide me with written verification that the installation is in conformance with the approved plan or alternatively provide me with an as built plan. 3. Please contact me to request a landscaping inspection to ensure all plantings not located on the individual lots have been installed. Please note that the approved plan calls for all 3 inch caliper trees and I will be checking to ensure that those trees installed before and after Final Plat are 3 inch caliper or larger. 4. Please provide Maintenance and Monitoring surety in the amount of $16,390. Technical Services Section Please see the comments in the attachment. There are a couple of minor corrections to the language on the Plat: "NGPA" vs "NGPE" in Plat Note 6 and in the language for the NGPA lumps "SOLD" with vegetation restrictions. End vegetation statement with a period and insert" TRACTS ENCUMBERED MAY NOT BE "before the word "SOLD". Engineering comments on things needed Final plat plan changes shown in attachment. Bill of sale Cost data form Maintenance bond Information regarding mailboxes installed Information regarding street lights installed Maintenance section has been requested to do the walk thru of the site -City will give punchlist information after that Mylars of As Bui Its Pay the deferral amount for the deferral permit (if not already paid) Any remaining payment ( or other concerns) Sincerely Rohini Phone: 425 430 7298 November 18, 2014 Mr. Kyle Lublin D.R. Horton 12910 Totem Lake Blvd NE, Suite 220, Kirkland, WA 98034 SUBJECT: Status Report of LIBERTY GARDENS FINAL PLAT File No. LUA14 001417 FP Dear Mr. Lublin, The purpose of this letter is to provide an update on the status of the final plat submittal. There are several outstanding items, which must be completed and resubmitted for review before project can be completed and the final plat can be recorded. I am forwarding on the first set of comments from all departments. Ran: March 23, 2015 Page 7 of 18 PLA~ REVIEW COMMENTS A14-001417 City of ... + ENG -Final Plat Submittal Review Version 3 I February 12, 2015 Engineering Review Comments Rohini Nair I 425-430-72981 rnair@rentonwa.gov Property Services (Technical services) Comments Bob MacOnie reviewed the final plat submittal and has provided CORRECTIONS RESUBMIT comments. 1. Please see the separate attachment for the property services (Technical services) comments. Planning Comment Rocale Timmons reviewed the final plat submittal and has provided the CORRECTION RESUBMIT planning comments: 1. Please revise Sheet 4 of 4: Tract D Title should include specific information for the critical areas located with the tract. Including: Type (Stream/Wetland), Classification, Size of each critical area and size of buffer. You can place in a legend or within the tract. 2. The mitigation is required to be installed (plants, signage, fencing, etc.) prior to Final Plat approval pursuant to the approved plan, please have your wetlands specialist provide me with written verification that the installation is in conformance with the approved plan or alternatively provide me with an as built plan. 3. In order to provide you with the amount of security necessary for the maintenance and monitoring of the wetland mitigation plantings, signage. and fencing, we will need a copy of the signed maintenance and monitoring contract for this work. A draft (followed by a final) maintenance and monitoring contract (or contracts) for our review prior to execution of the contract shall be provided. The draft contract language must ensure compliance with both the performance standards of the Sewall Wetland Consulting, Inc .. mitigation plan as well the maintenance and monitoring standards of the Renton Municipal Code. The scope of the contract must clearly cover the cost of plant maintenance and replacement as well. The language in the contract must also guarantee that "structures, improvements, and mitigation perform satisfactorily for a period of 5 years" (e.g. add provisions for plant replacement and weed removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan. The contract must include quarterly monitoring reports for the first year and annual reports thereafter. The draft contract must be followed up with a final signed contract once the City approves the draft version. Once the City approves the contract proposal, the applicant will need to provide a maintenance surety device (a letter of credit or irrevocable set aside letter) set at an amount totaling 125% of the cost to guarantee satisfactory performance for a minimum of five years. 4. Please contact me to request a landscaping inspection to ensure all plantings not located on the individual lots have been installed. Please note that the approved plan calls for all 3 inch caliper trees and I will be Building Comments Jan Conklin reviewed the addressing aspects and has provided the following CORRECTIONS RESUBMIT comments. 1. Add addresses to face of plat plans. Please see the separately attached addressing sheet. Fire Comments Corey Thomas reviewed the final plat submittal and has provided the following CORRECTIONS RESUBMIT comments: 1. Provide and install all required street name signs per approved plans. Plan Review comments Rohini Nair reviewed the final plat submittal and has provided the following CORRECTIONS RESUBMITcomments: 1. Final Plat plan and documents submitted i. Please see the attached sample letter format for the Confirmation of compliance with the conditions of the Plat Approval, include the date of the approvals also. Revise and submit the confirmation of compliance for Liberty Gardens in this format and resubmit. Include Ran: March 23, 2015 Page 8 of 18 PLAN' REVIEW COMMENTS A14-001417 City of ' .. + ENG -Final Plat Submittal Review Version 3 I February 12, 2015 Engineering Review Comments Rohini Nair 1425-430-7298 I rnair@rentonwa.gov the conditions of approval of the preliminary plat minor modification also. ii. The CD that was submitted with the Liberty Gardens submittal cannot be opened in our computer. Please submit a new CD. iii. The ROW dedication shown in the approved utility construction permit is 5 feet instead of the 4.5 feet currently shown in the final plat plan. Please correct the final plat plan. iv. Please label that the ROW width on 164th Ave SE ROW as 35 feet (after dedication) in the final plat plan. v. The individual Lot storm water BMP table should be included with the final plat plan, or a separate covenant for the Lot BMPs should be recorded and the information should be shown on the final plat. 2. Maintenance Agreement for Stormwater The City attorney will review the CC&R's. 3. Utility Improvements Punch list Complete all utility, drainage, paving, grading, street lighting, landscaping, street improvements, including Installation of all street signs for the project. This includes all punch list items from the Public Works Inspector and/or the City Maintenance Division. Please continue working with inspector, Mark Wetherbee, 206 999 1829. The utility construction permit must be signed off by the inspector prior to recording of the plat. Please ensure all punch list items are complete, the project has a final walk through and permit sign off has been completed. 4. Street lighting Provide status. 5. As Built Submittal The construction plan mylars must be checked out from the sixth floor Public Works counter and updated or replaced with a complete As Built plan set. All plan sheets, including those constructed per design, must be verified, stamped and signed as As Built by a licensed surveyor or engineer. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all sanitary sewer, and storm drainage systems easements. which shall be consistent with the As Built location of the utility. Once the above have been addressed, submit one set of As Built blue lines of the civil drawings to me. The inspector will review the blue lines. If they are in order, I will call for the civil mylars to be returned. These final mylars must be submitted for our permanent records. The mylars shall be labeled "AS BUILT" in a large block letters and stamped by a PE or PLS. 6. Construction Cost Data The Cost Data Inventory Form (based on information from the As Built drawing) 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. 7. Bill of Sale The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and Inventory Form. Include sidewalk, curb, gutter, sewer, storm. and storm vault to be owned and maintained by the City. 8. Maintenance Bond Ran: March 23, 2015 Page 9 of 18 PLAN' REVIEW COMMENTS A14-001417 City of , .... ENG -Final Plat Submittal Review Version 3 I February 12, 2015 Engineering Review Comments Rohini Nair 1425-430-7298 I rnair@rentonwa.gov A two year Maintenance Bond or Assignment of Funds is required in the amount of 20% of the grand total of the storm, streets, sidewalk, curb and gutter and storm vault costs as shown on the Cost Data Inventory form. The permit bond will be released upon receipt and acceptance of the maintenance bond or assignment of funds. 9. Easements Separate utility easements, where applicable will be required to be submitted for review. Easement documents must be submitted, approved, and recorded by the City. Please submit all easements for our review and approval before signing and notarizing by the property owner. We will return for final signature and notarization once our Technical Services Division has approved the legal description and easement form. Please include legal description as "Exhibit A" and map showing location of easement as "Exhibit B". 10. All Fees Paid i. All outstanding fees must be paid. ii. Ensure any overtime inspection billed to the job is paid. iii. A check in the amount of $15.81 made out to Champion Courier will be required prior to recording. Please submit all correspondence and revisions to me and I will forward them on to the appropriate departments for further review. Please keep in mind each department has up to two additional weeks to review the corrections. If you have any questions please contact me at 425 430 7298. Sincerely, Rohini Nair Project Manager Development Engineering E mail: rnair@rentonwa.gov cc: Bob MacOnie, Technical Services Corey Thomas, Fire Department Jan Conklin, Building Department Rocale Timmons, Planning Division Steve Lee, Development Engineering Mark Wetherbee, Construction Inspection Planning Review Comments Rocale Timmons 1425-430-7219 I rtimmons@rentonwa.gov 1. Please revise Sheet 4 of 4: Tract D Title should include specific information for the critical areas located with the tract. Including: Type (Stream/Wetland), Classification, Size of each critical area and size of buffer. You can place in a legend or within the tract. 2. The mitigation is required to be installed (plants, signage, fencing, etc.) prior to Final Plat approval pursuant to the approved plan, please have your wetlands specialist provide me with written verification that the installation is in conformance with the approved plan or alternatively provide me with an as built plan. RESOLVED: 3. In order to provide you with the amount of security necessary for the maintenance and monitoring of the wetland mitigation plantings, signage, and fencing, we will need a copy of the signed maintenance and monitoring contract for this work. A draft (followed by a final) maintenance and monitoring contract (or contracts) for our review prior to execution of the contract shall be provided. The draft contract language must ensure compliance with both the performance standards of the Sewall Wetland Consulting, Inc., mitigation plan as well the maintenance and monitoring standards of the Renton Municipal Code. The scope of the contract must clearly cover the cost of plant maintenance and replacement as well. The language in the contract must also guarantee that "structures, improvements, and mitigation Ran: March 23, 2015 Page 10 of 18 PLAN. REVIEW COMMENTS A14-001417 ' City of ... ENG -Final Plat Submittal Review Version 3 I February 12, 2015 Planning Review Comments Rocale Timmons I 425-430-7219 I rtimmons@rentonwa.gov perform satisfactorily for a period of 5 years" (e.g. add provisions for plant replacement and weed removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan. The contract must include quarterly monitoring reports for the first year and annual reports thereafter. The draft contract must be followed up with a final signed contract once the City approves the draft version. Once the City approves the contract proposal, the applicant will need to provide a maintenance surety device (a letter of credit or irrevocable set aside letter) set at an amount totaling 125% of the cost to guarantee satisfactory performance for a minimum of five years. 4. Please contact me to request a landscaping inspection to ensure all plantings not located on the individual lots have been installed. Please note that the approved plan calls for all 3 inch caliper trees and I will be checking to ensure that those trees installed before and after Final Plat are 3 inch caliper or larger. 5. Please provide Maintenance and Monitoring surety in the amount of $16,390. Technical Services Comments Bob MacOnie I 425-430-7369 I bmaconie@rentonwa.gov RESOLVED: Final Plat: Bob Mac Onie 11/4/2014 Note the City of Renton land use action number and land record number, LUA14 001417 and LND10 0519, respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Please note that the land use action number provided has changed this occurred when the subdivision changed from preliminary to final plat status. On sheet 1 of 4 under "DEDICATION" and the following two paragraphs: FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDEDM WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLEAi MS FOR DAMAGES AGAINST THE CITY OF RENTON, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE ESTABLISHMENT, CONSTRUCTION , OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS WITHIN THIS SUBDIVISION OTHER THATN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF RENTON. FURTHER. THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOLD THE CITY OF RENTON, ITS SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY DAMGE, INCLUDING ANY COSTS OF DEFENCE, CLAIMED BY PERSONS WITHIN OR WITHOUT THIS SUBDIVISION TO HAVE BEEN CAUSED B ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE, OR SURFACE OR SUB SURFACE WATER FLOWS WITHIN THI SUBDIVISION. PROVIDED, THIS WAIVE AND INDEMNIFATION SHALL NOT BE CONSTRUDED AS RELEASING THE CITY OF RENTON, ITS SUCCESSORS OR ASSIGNS, FROM LIABILITY FOR DAMAGES, INCLUDEING THE COST OF DEFENCE, RESULTING IN THE WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OF RENTON, ITS SUCCESSORS, OR ASSIGNS. THIS SUBDIVISION, DEDICATION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITHH THE FREE CONSE~ AND IN ACCORDANCE WITH THE DESIRES OD SAID OWNERS. IN WITNESS WHEREOF, WE SET OUR HANDS AND SEALS: On sheet 2 of 4 under "EASEMENT PROVISIONS" item 1 appears to be largely redundant with the "EASEMENT AND RESERVATIONS" block. Combine as is appropriate and eliminate the redundancy. Note that the "EASEMENT AND RESERVATIONS" block references sheet 3 which is incorrect. On sheet 2 of 4 under "EASEMENT PROVISIONS" item 2 remove "AND KING COUNTY WATER DISTRICT 90". On sheet 2 of 4 under "EASEMENT PROVISIONS" item 4 remove "CITY OF RENTON AND". On sheet 2 of 4 under "EASEMENT PROVISIONS" item 8 remove "AND WATER DISTRICT 90". On sheet 2 of 4 under "TITLE NOTES" item 6 include THE WORDS "RECORDED UNDER REC. NO. 20130214001080." On sheet 2 of 4 under "PLAT NOTES" item 1 should finish with the final sentence in item 2, towit: !\11EMBERSHIP IN THE LIBERTY GARDENS HOMEOWNERS' ASSOCIATION AND PAYMENT OF DUES OR OTHER ASSESSMENT SHALi REMAIN AN APPURTENANCE TO AND INSEPARABLE FROM EACH LOT . On sheet 2 of 4 under "PLAT NOTES" item 2 should start with an explicit purpose statement, e.g., "TRACT 'C' IS FOR RECREATION PURPOSES ONLY FOR THE BENEFIT OF ALL THE LOT OWNERS IN THIS PLAT . EACH LOT OWNER IN THIS PLAT LOTS (1 THROUG 36 INCLUSIVE) SHAL HAVE AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN TRACT 'C'. THE LIBERTY GARDENS Ran: March 23, 2015 Page 11 of 18 PLA~ REVIEW COMMENTS A14-001417 City of " + = ENG -Final Plat Submittal Review Version 3 I February 12, 2015 Technical Services Comments Bob MacOnie 1425-430-7369 I bmaconie@rentonwa.gov HOMEOWNERS' ASSOCIATION SHALL BE RESPOSIBLE FOR THE MAINTENANCE OF SAID TRACT 'C'. HOWEVER, SHOULD THE HOMEOWNERS' ASSOCIATION FAIL TO PROPERLY MAINTAIN TRACT 'C' THEN LOT OWNERS OF ALL THE LOTS 1 THROUGH 36 SHALL BE EQALLY RESPONSIBLE FOR THE MAINTENANCE OF SAID TRACT 'C'. On sheet 2 of 4 under "PLAT NOTES" item 3 it is unclear why this note include Tract 'C' the maintenance of which is covered in item 2, On sheet 2 of 4 under "PLAT NOTES" item 6 include the appropriate drawing number "R 3723" in the space provided. On sheet 2 of 4 under "PLAT NOTES" eliminate item 7 as it is conflicting as written and applicable fees will be assessed and paid prior to issuance of the residential building permits. On sheet 2 of 4 under "PLAT NOTES" eliminate item 8 if 50% of the school impact fees are to be paid "prior to recording" says such is moot at recording. A statement that 50% of the fees has been paid is fine although pursuant to the preceding comment it should be noted that the balance of the school impact fee will be calculated based on the fee at the time of permitting. Fees cannot be vested and the amount cited may or may not be correct. According to the response to the HEX conditions and comments no school fees will be paid rendering the whole comment moot. On sheet 3 of 4 under Horizontal Datum, explicitly state that ties to the City of Renton Survey Control Network are pursuant to The Plat of Cavalla. The call out to "HELD NORTH 02" 20' 38" EAST" doesn't agree with the bearing shown along the called out line; which should be identified as the "SOUTH HALF OF THE EAST LINE". In addition, add the words "BASIS OF BEARING" juxtaposed to the called out line. On sheet 3 of 4 the street name for the westernmost street in the control diagram is incorrect it is 16oth Ave SE. On sheet 3 of 4 the "FOUND PUNCH MARK" in the lower left is incorrect as the monument at that intersection is the NE corner of Section 14 shown in the upper right. On sheet 4 of 4 show sufficient dimensions to define the location of the private drainage easements shown within the 10' street frontage easement. The lot addresses are provided by the city (see the attachment). Note said addresses and the street names on the plat drawing. Complete the plug table. Do note encroachments. The abutting property to the north of the subject plat is platted, note the lot numbers and plat name on the drawing. There is no reference to the a FLOW CONTROL BMP COVENANT or the elucidation of same on the face of the plat; one or both are required. Recommendations: PLAT: Bob Mac Onie 02/09/2015 "NGPA" vs "NGPE" in Plat Note 6 and in the language for the NGPA the language lumps SOLD with VEGETATION . End the vegetation sentence with a period and insert "TRACTS ENCUMBERED MAY NOT BE " before the word "SOLD". RESOLVED: Final Plat: Bob Mac Onie 12/24/2014 Under PLAT NOTES on sheet 2 of 4 the notes for Tract 'B', item 3, and Tract 'D', item 13, are inadequate. Tract 'B' is not conveyed and the note is incorrect and incomplete is several particulars and item 13 is incomplete. Please group all of the statements regarding tracts and start with the following note: "A 'Tract' is land reserved for specified uses, including, but not limited to reserve tracts, recreation, open space, critical areas, surface water retention, utility facilities and access. Tracts are not considered building sites for the purposes of residential dwelling." Follow the preceding with the tract notes in order. For Tract 'B' use the following: "Tract 'B' is a Storm Drainage tract; upon the recording of this plat, Tract 'B' is hereby granted and conveyed to the Liberty Gardens Ran: March 23, 2015 Page 12 of 18 PLAN REVIEW COMMENTS ~14-001417 City of ENG -Final Plat Submittal Review Version 3 I February 12, 2015 Technical Services Comments Bob MacOnie 1425-430-7369 I bmaconie@rentonwa.gov Homeowner's Association (HOA). An easement is hereby granted and conveyed to the City of Renton over, under, and across Tract 'B' for the purpose of conveying, storing, managing and facilitating storm and surface water per the engineering plans on file with the City of Renton. The City of Renton has the right to enter said Storm Water Easement for the purpose of inspecting, operating, maintaining, improving, and repairing it's drainage 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 'B' shall be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in Tract 'B' previously owned by the HOA and have the attendant financial and maintenance responsibilities." Add the following to the Tract 'D' note: "In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract 'D' previously owned by the HOA and have the attendant financial and maintenance responsibilities." Recommendations: PLAT: Bob Mac Onie 02/09/2015 "NGPA" vs "NGPE" in Plat Note 6 and in the language for the NGPA the language lumps SOLD with VEGETATION . End the vegetation sentence with a period and insert "TRACTS ENCUMBERED MAY NOT BE " before the word "SOLD". Ran: March 23, 2015 Page 13 of 18 ( . • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Liberty Gardens Final Plat LUA14-000l4I7 FP ) ) ) FINAL PLAT APPROVAL ) ) ) ) ) Summary The applicant has applied for final plat approval of the Bob Singh Final Plat. The final plat is approved subject to conditions. Testimony Hfx: ftfWe,'itt, 19 No hearing is held on final plat applications. 20 21 22 23 24 25 26 Exhibits The following documents were considered in evaluating the application for final plat: 1. 2. 3. January20, 2015 staff report. January 20, 2015 memo to Phil Olbrechts from Robini Nair. Vicinity Map Findings of Fact FINAL PLAT -I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Procedural: 1. Applicant. SSHI LLC dba D.R. Horton 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 36-lot subdivision. The subdivisions received preliminary plat approval on April 28, 2009 by the City of Renton. The subdivision is located at southeast of 162°d Ave. SE and SE 140th St. 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 to the satisfaction of City staff with security that complies with City code prior to the recording of the final plat. applicable fees shall be paid prior to recording of the final plat, except those fees expressly deferred to a later date by the preliminary plat conditions of approval or City ordinance. Dated this 7th day of February, 2015. FINAL PLAT -2 • •• V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-110(E)(9) and/or RMC 4-8-llO(F)(l) provides that the final plat approval of the hearing examiner is final subject to appeal to the Renton City Council. RMC 4-8-11 O(E)(9) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing e examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(£)(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 pmposes notwithstanding any program of revaluation. FINAL PLAT-3 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: M E M O R A N D U M January 20, 2015 Phil Olbrechts, Hearing Examiner Rohini Nair, x7298 LIBERTY GARDENS FINAL PLAT LUA14-001417 FP (Preliminary Plat LUAOS-093) Per City Code 4-7 -110, Final Plat Procedures, I am forwarding the attached Final Plat for review. I am the project manager and I am in the process of finalizing all required paperwork. recommend that the Hearing Examiner approve the Final Plat with the following condition: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. I am the responsible party to insure that both of those conditions are met. Please note that following the Hearing Examiner's approval, the project is returned to me for the final step in the process. I will then submit the project to the Public Works Administrator to sign the final plat mylars, at which time I shall declare that all conditions and all fees have been paid. Please contact me if further information or additional materials is needed Thank you. Cc Jennifer Henning, Planning Director Steve lee, Development Enginefring Manager DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ( ;tv of PLANNNING DIVISION DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT CITY OF RENTON STAFF REPORT ANO RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: SSHI lLC dba D.R. Horton Liberty Gardens Final Plat (LUA08-093 , ECF , PP) File: LUA14·001417 FP Southeast of 162"" Avenue SE & SE 140'h Street Parcel Number 1457500150 & Parcel Number 1457500145. SE~ Section 14, Twp. 23 N. Rng. 5 E. Final Plat for 36 single family residential lots, with water, sewer, storm and streets. Water is served by King County Water District 90. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant, D.R. Horton, filed a request for approval of a 36-lot final plat with 4 tracts. 2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials were entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance Mitigated on December 17, 2008 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at Parcel Number 1457500150 & Parcel Number 1457500145, Southeast of 162"' Avenue SE & SE 140'h Street. The plat is located in SEY. Section 14, Twp. 23 N. Range SE. 6. The subject site (389,998 square feet) consists of two parcels of total 8.95 acres. 7. The preliminary plat received Hearing Examiner approval from the City of Renton on April 28, 2009. 9. The property is located within the R-4 (King County) Zone. 10. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. City of Renton Deportment of Commullity & Economic Development LIBERTY GARDENS FINAL Pl.AT Final Plat Report & Decision WA14-0Q1417, FP Page 2 of 4 11. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the following conditions imposed by the ERC: a. The applicant will be required to submit a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the State Department of Ecology's Erosion and Sediment Control requirements outlined in Volume II of the 2001 Storm Water Management Manual. The plan must be submitted to and approved by the Development Services Division Plan Review staff prior to issuance of the utility construction permit and during utility and road construction. Response: A Temporary Erosion and Sedimentation Control Plan (TESCPJ was submitted and approved by the City of Renton prior to permit issuance. b. A covenant shall be recorded on the Sensitive Area Tract, restricting its separate sale, prior to or in conjunction with the final plat recording. Each abutting lot owner of the homeowners association shall have an undivided interest in the tract A draft version of this document shall be submitted to and approved by the Current Planning Project Manager prior to plat recording. Response: This condition is satisfied at final plot recording. The condition is placed an the finol plat pion. c. The applicant shall submit a maintenance and monitoring plan, for a period no less than five years, for review and approval by the Current Planning Project Manager prior to plat recording. Response: Maintenance and monitoring pion was approved by the Current Planning Project Manager on March 20, 2014. This condition is satisfied at final plot recording. d. The applicant shall provide a maintenance security device (a letter of credit or irrevocable set aside letter) prior to plat recording, set at an amount totaling 125% of the cost; to guarantee satisfactory performance of the mitigation plan for a minimum of five years. Response: This condition was removed by the Hearing Examiner on April 28, 2009 because it Is required by code and so need not be a condition. The code requirement is satisfied at the time of final plat recording. e. The detention system for this project shall be required to comply with the requirements found in the 2005 King County Surface Water Design Manual to meet both detention {Conservation Flow Control -a.k.a. Level 3) and water quality improvements. Response: This condition is satisfied. The surface water detention pond has been designed in compliance with the 2005 King County Surface Water Design Manual as required. f. The applicant shall provide secondary access to the plat suitable for domestic, emergency and pedestrian safety; to the satisfaction of the City of Renton Development Services Division subject to the King County Road Standi.lrds (1993). Response: An east/west road connection {SE 140'" Street) from 16z'" Ave SE to 164'" Ave SE has been provided, which satisfies the secondary access condition. The project has two access routes through public streets as well as pub/le sidewalks along the public streets. 12. In addition, the applicant has complied with the following conditions as a result of the preliminary plat approval Hearing Examiner's Decision dated April 28, 2009: City of Renton Department of Community & Economic Development LIBERTY GARDENS FINAL PLAT Final Plot Report & Decision WA14-001417, fp Page 3 of 4 a. The applicant will be required to submit a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the State Department of ecology's Erosion and Sediment Control requirements outlined in Volume II of the 2001 Storm water Management Manual. The plan must be submitted to and approved by the Development Services Division Plan Review staff prior to issuance of the utility construction and during utility and road construction. Response: A Temporary Erosion and Sedimentation Control Plan /TESCPJ wos submitted and approved by the City of Renton prior to permit issuance. b. The detention system for this project shall be required to comply with the requirements found in the 2005 King County Surface Water Design Manual to meet both detention (Conservation Flow Control -a.k.a. Level 3) and water quality improvements. Response: The storm water detention pond hos been designed in compliance with the 2005 King County Surface Water Design Manual as required. c. The applicant shall comply with the conditions imposed by the Environmental Review Committee (ERC) modified in the appeal decision report of December 15, 2008. Response: Please see item 1l in this document. The conditions ore satisfied. d. The applicant shall provide an east/west road connection {SE 140'" Street) from 152'" Ave SE to 154'' Ave SE in order to create highly connective road network. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187 as amended (1993 KCRS). Response: An east/west road connection /SE 14d' Street) from 162"" Ave SE to 164" Ave SE hos been provided by the Liberty Gardens plat. e. The applicant shall be required to submit a revised plan, depicting an east/east road connection from 162'' Ave Se to 164'" Ave SE, which is also consistent with all preliminary plat review criteria. The revised plat plan shall be submitted for review and approval by the Development Services Division and the Current Planning Project Manager, prior to engineering plan approval. Response: An east/west road connection (SE 14d• Street) from 162"• Ave SE to 164'" Ave SE has been provided by the Liberty Gardens plat. The revised plan was reviewed and approved by the City of Renton prior ta engineering pion approval. f. Both frontages 162'" Ave SE and 164'" Ave SE for the full length of the property shall be improved to the satisfaction of the City of Renton Development Services Division subject to the King County Road Standards or as modified by variance. 162'' Ave SE shall be designed and constructed to meet the urban neighborhood collector standard. No lot shall have a driveway entering off 162"d Ave SE or 164'" Ave SE. Response: The condition of frontage improvements along 162"' Ave SE ond 164'" Ave SE has been satisfied. Na lat has driveway entering off 16:z"• Ave SE or 164'" Ave SE. g. The applicant shall create pedestrian paths and links as determined by staff. Response: The provided sidewalks within the plat satisfy the condition for pedestrian connections as designated by staff. h. The applicant shall be required to provide a detailed tree retention plan with the engineering review application. The tree retention plan shall be reviewed and approved by the Current Planning Project Manager prior to engineering permit approval. City of Renton Department of Community & Economic Development LIBERTY GARDENS FINAL PIA T Final Plat Report & Decision WA14-001417, FP Page 4 of 4 Response: A tree retention-replacement plan was submitted and reviewed by the Current Planning Project Manager during engineering review. The plan was approved prior to permit approval. i. The applicant shall pay a Transportation Mitigation fee based on $75.00 per net new average daily trip attributed to the project. The fee for the proposed plat is estimated at $25,839.00 ($ 75.00 x 9.57 trips x 36 lots = $25,839.00) and is payable to the City prior to recording of the final plat. Response: The applicant shall pay the current City of Renton Transportatfan Impact Fee at the time of building permit {as per current code/. j. The applicant shall establish a homeowners association for the development, which would be responsible for any common improvements and/or tracts within the plat prior to final plat recording. Response: A homeowners association hos been established for the development with the Washington Secretory of State in Olympia under the liberty Gardens Homeowners Association. k. The applicant shall pay School Impact Fees per RMC 4-1-160 D, to the City of Renton, on behalf of the Issaquah School District. The fee for the proposed plat is estimated at $216, 7156.00 ($6,021.00 x 36 lots= $216,756.00). Response: The applicant shall pay the current City of Renton School Impact Fees at time of building permit {os per current code/. CONCLUSIONS: The Final Plat satisfies the conditions imposed by the preliminary plat process. RECOMMENDATION: The Hearing Examiner approves the Final Plat with the following conditions: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. SUBMITIED THIS 20TH DAY OF January, 2015 PLANNING DIVISION LIBERTY GARDENS VICINllY MAP NOT TO SCALE SHEET 4 Of 4 LUA 1..;*001417 /.J'JO !O.CH1 ', :,' : e 1 /!J 1§,'l- •4, !.l:'lli ~:e;~:Q t!/ i "' ;~ ( "' H1<(6ot u:cum $ ~t 11~;,b>Jb llC..V,..D<r • • ~G.i'<l l!(itNI MfJ c,;;, ~s NOt!O o scr !!O,,.lt .,.o CM> 'H,s ,H11· X %CT t.I'-0;'1~~ l~ttHIS S{( Ci.,fl;O, '"'-,!,I'; T""'.l i9 r~o« .. 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Ht~ or;,,.;:r.::.,,i t"'" ,er •~o ~ J¢71 >C<.'"-"( ,i}.~ ~ .,,:n:: 3T ulC.,. "> Hll'III ~...-! '1:I1" ~ •~li ,n <.tt~ ~ ~-.J;a ?JJIJl{ <ut ~ ~!~ Axis $-<.t·«t~ 4 M,.pp • ' '· PAGF...: ;o, !'-O \),1,)1 11 ,:-u;; 12;1(\f:{ l)V.WNf.Y uncHlH'f DOl/,\IUI 5PJR :',,L\lf ;'lii'f ,. wo· JOr4 PLAt-1 REVIEW COMMENTS Application Date: October 16, 2014 Name: LIBERTY GARDENS PLAT ~14-001417 City of "+ Site Address: ENG -Final Plat Submittal Review Version 2 J January 16, 2015 RESOLVED: Add addresses to olat. See attachment for addresses. Engineering Review Comments Rohini Nair 1425-430-7298 I rnair@rentonwa.gov November 18, 2014 Mr. Kyle Lublin D.R. Horton 12910 Totem Lake Blvd NE, Suite 220, Kirkland, WA 98034 SUBJECT: Status Report of LIBERTY GARDENS FINAL PLAT File No. LUA14 001417 FP Dear Mr. Lublin, The purpose of this letter is to provide an update on the status of the final plat submittal. There are several outstanding items. which must be completed and resubmitted for review before project can be completed and the final plat can be recorded. I am forwarding on the first set of comments from all departments. Property Services (Technical services) Comments Bob MacOnie reviewed the final plat submittal and has provided CORRECTIONS RESUBMIT comments. 1. Please see the separate attachment for the property services (Technical services) comments. Planning Comment Rocale Timmons reviewed the final plat submittal and has provided the CORRECTION RESUBMIT planning comments: 1. Please revise Sheet 4 of 4: Tract D Title should include specific information for the critical areas located with the tract. Including: Type (Stream/Wetland), Classification, Size of each critical area and size of buffer. You can place in a legend or within the tract. 2. The mitigation is required to be installed (plants, signage, fencing, etc.) prior to Final Plat approval pursuant to the approved plan, please have your wetlands specialist provide me with written verification that the installation is in conformance with the approved plan or alternatively provide me with an as built plan. 3. In order to provide you with the amount of security necessary for the maintenance and monitoring of the wetland mitigation plantings, signage, and fencing, we will need a copy of the signed maintenance and monitoring contract for this work. A draft (followed by a final) maintenance and monitoring contract (or contracts) for our review prior to execution of the contract shall be provided. The draft contract language must ensure compliance with both the performance standards of the Sewall Wetland Consulting, Inc., mitigation plan as well the maintenance and monitoring standards of the Renton Municipal Code. The scope of the contract must clearly cover the cost of plant maintenance and replacement as well. The language in the contract must also guarantee that "structures, improvements, and mitigation perform satisfactorily for a period of 5 years" (e.g. add provisions for plant replacement and weed removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan. The contract must include quarterly monitoring reports for the first year and annual reports thereafter. The draft contract must be followed up with a final signed contract once the City approves the draft version. Once the City approves the contract proposal, the applicant will need to provide a maintenance surety device (a letter of credit or irrevocable set aside letter) set at an amount totaling 125% of the cost to guarantee satisfactory performance for a minimum of five years. 4. Please contact me to request a landscaping inspection to ensure all plantings not located on the individual lots have been installed. Please note that the approved plan calls for all 3 inch caliper trees and I will be Building Comments Jan Conklin reviewed the addressing aspects and has provided the following CORRECTIONS RESUBMIT comments. Ran: March 23, 2015 Page 1 of 18 PLAN"REVIEW COMMENTS ~14-001417 City of "+ ENG -Final Plat Submittal Review Version 2 I January 16, 2015 Engineering Review Comments Rohini Nair I 425-430-72981 rnair@rentonwa.gov 1. Add addresses to face of plat plans. Please see the separately attached addressing sheet. Fire Comments Corey Thomas reviewed the final plat submittal and has provided the following CORRECTIONS RESUBMIT comments: 1. Provide and install all required street name signs per approved plans. Plan Review comments Rohini Nair reviewed the final plat submittal and has provided the following CORRECTIONS RESUBMITcomments: 1. Final Plat plan and documents submitted i. Please see the attached sample letter format for the Confirmation of compliance with the conditions of the Plat Approval, include the date of the approvals also. Revise and submit the confirmation of compliance for Liberty Gardens in this format and resubmit. Include the conditions of approval of the preliminary plat minor modification also. ii. The CD that was submitted with the Liberty Gardens submittal cannot be opened in our computer. Please submit a new CD. iii. The ROW dedication shown in the approved utility construction permit is 5 feet instead of the 4.5 feet currently shown in the final plat plan. Please correct the final plat plan. iv. Please label that the ROW width on 164th Ave SE ROW as 35 feet (after dedication) in the final plat plan. v. The individual Lot storm water BMP table should be included with the final plat plan, or a separate covenant for the Lot BMPs should be recorded and the information should be shown on the final plat. 2. Maintenance Agreement for Stormwater The City attorney will review the CC&R's. 3. Utility Improvements Punch list Complete all utility, drainage, paving, grading, street lighting, landscaping, street improvements, including Installation of all street signs for the project. This includes all punch list items from the Public Works Inspector and/or the City Maintenance Division. Please continue working with inspector, Mark Wetherbee, 206 999 1829. The utility construction permit must be signed off by the inspector prior to recording of the plat. Please ensure all punch list items are complete, the project has a final walk through and permit sign off has been completed. 4. Street lighting Provide status. 5. As Built Submittal The construction plan mylars must be checked out from the sixth floor Public Works counter and updated or replaced with a complete As Built plan set. All plan sheets, including those constructed per design, must be verified, stamped and signed as As Built by a licensed surveyor or engineer. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all sanitary sewer, and storm drainage systems easements, which shall be consistent with the As Built location of the utility. Once the above have been addressed, submit one set of As Built blue lines of the civil drawings to me. The inspector will review the blue lines. If they are in order, I will call for the civil mylars to be returned. These final mylars Ran: March 23, 2015 Page 2 of 18 PL,AN'REVIEW COMMENTS t\14-001417 City of ,-, + ENG -Final Plat Submittal Review Version 2 I January 16, 2015 Engineering Review Comments Rohini Nair 1425-430-7298 I rnair@rentonwa.gov 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. 6. Construction Cost Data The Cost Data Inventory Form (based on information from the As Built drawing) 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. 7. Bill of Sale The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and Inventory Form. Include sidewalk, curb, gutter, sewer, storm, and storm vault to be owned and maintained by the City. 8. Maintenance Bond A two year Maintenance Bond or Assignment of Funds is required in the amount of 20% of the grand total of the storm, streets, sidewalk, curb and gutter and storm vault costs as shown on the Cost Data Inventory form. The permit bond will be released upon receipt and acceptance of the maintenance bond or assignment of funds. 9. Easements Separate utility easements, where applicable will be required to be submitted for review. Easement documents must be submitted, approved, and recorded by the City. Please submit all easements for our review and approval before signing and notarizing by the property owner. We will return for final signature and notarization once our Technical Services Division has approved the legal description and easement form. Please include legal description as "Exhibit A" and map showing location of easement as "Exhibit B". 10. All Fees Paid i. All outstanding fees must be paid. ii. Ensure any overtime inspection billed to the job is paid. iii. A check in the amount of $15.81 made out to Champion Courier will be required prior to recording. Please submit all correspondence and revisions to me and I will forward them on to the appropriate departments for further review. Please keep in mind each department has up to two additional weeks to review the corrections. If you have any questions please contact me at 425 430 7298. Sincerely, Rohini Nair Project Manager Development Engineering E mail: rnair@rentonwa.gov cc: Bob MacOnie, Technical Services Corey Thomas, Fire Department Jan Conklin, Building Department Rocale Timmons, Planning Division Ran: March 23, 2015 Page 3 of 18 PL.,Aff REVIEW COMMENTS ~14-001417 ENG -Final Plat Submittal Review Engineering Review Comments Steve Lee, Development Engineering Mark Wetherbee. Construction Inspection Fire Review -Building Comments 1. Provide and install all required street name signs per approved plans. City of Version 2 I January 16, 2015 Rohini Nair 1425-430-7298 I rnair@rentonwa.gov Corey Thomas 1425-430-7024 I cthomas@rentonwa.gov Planning Review Comments Rocale Timmons I 425-430-7219 I rtimmons@rentonwa.gov 1. Please revise Sheet 4 of 4: Tract D Title should include specific information for the critical areas located with the tract. Including: Type (Stream/Wetland), Classification, Size of each critical area and size of buffer. You can place in a legend or within the tract. 2. The mitigation is required to be installed (plants, signage, fencing, etc.) prior to Final Plat approval pursuant to the approved plan. please have your wetlands specialist provide me with written verification that the installation is in conformance with the approved plan or alternatively provide me with an as built plan. RESOLVED: 3. In order to provide you with the amount of security necessary for the maintenance and monitoring of the wetland mitigation plantings, signage, and fencing, we will need a copy of the signed maintenance and monitoring contract for this work. A draft (followed by a final) maintenance and monitoring contract (or contracts) for our review prior to execution of the contract shall be provided. The draft contract language must ensure compliance with both the performance standards of the Sewall Wetland Consulting, Inc., mitigation plan as well the maintenance and monitoring standards of the Renton Municipal Code. The scope of the contract must clearly cover the cost of plant maintenance and replacement as well. The language in the contract must also guarantee that "structures, improvements, and mitigation perform satisfactorily for a period of 5 years" (e.g. add provisions for plant replacement and weed removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan. The contract must include quarterly monitoring reports for the first year and annual reports thereafter. The draft contract must be followed up with a final signed contract once the City approves the draft version. Once the City approves the contract proposal, the applicant will need to provide a maintenance surety device (a letter of credit or irrevocable set aside letter) set at an amount totaling 125% of the cost to guarantee satisfactory performance for a minimum of five years. 4. Please contact me to request a landscaping inspection to ensure all plantings not located on the individual lots have been installed. Please note that the approved plan calls for all 3 inch caliper trees and I will be checking to ensure that those trees installed before and after Final Plat are 3 inch caliper or larger. 5. Please provide Maintenance and Monitoring surety in the amount of $16,390. Technical Services Comments Bob MacOnie 1425-430-7369 I bmaconie@rentonwa.gov RESOLVED: Final Plat: Bob Mac Onie 11/4/2014 Note the City of Renton land use action number and land record number, LUA14 001417 and LND10 0519, respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Please note that the land use action number provided has changed this occurred when the subdivision changed from preliminary to final plat status. On sheet 1 of 4 under "DEDICATION" and the following two paragraphs: FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDEDM WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED. ANY AND ALL CLEAi MS FOR DAMAGES AGAINST THE CITY OF RENTON, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE ESTABLISHMENT, CONSTRUCTION , OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS WITHIN THIS SUBDIVISION OTHER THATN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF RENTON. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOLD THE CITY OF RENTON, ITS SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY DAMGE, INCLUDING ANY COSTS OF DEFENCE, CLAIMED BY PERSONS WITHIN OR WITHOUT THIS SUBDIVISION TO HAVE BEEN CAUSED B ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE, OR SURFACE OR SUB SURFACE WATER FLOWS WITHIN THI SUBDIVISION. PROVIDED, THIS WAIVE AND INDEMNIFATION SHALL NOT BE CONSTRUDED AS RELEASING THE CITY OF RENTON, ITS SUCCESSORS OR ASSIGNS, FROM LIABILITY FOR DAMAGES, INCLUDEING THE COST OF DEFENCE, RESULTING IN THE WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OF RENTON, ITS SUCCESSORS, OR ASSIGNS. THIS SUBDIVISION, DEDICATION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITHH THE FREE CON SE~ AND IN ACCORDANCE WITH THE DESIRES OD SAID OWNERS. Ran: March 23, 2015 Page 4 of 18 PL.AN· R,EVIEW COMMENTS ~14-001417 ,. City of ENG -Final Plat Submittal Review Version 2 I January 16, 2015 Technical Services Comments Bob MacOnie 1425-430-73691 bmaconie@rentonwa.gov IN WITNESS WHEREOF, WE SET OUR HANDS AND SEALS: On sheet 2 of 4 under "EASEMENT PROVISIONS" item 1 appears to be largely redundant with the "EASEMENT AND RESERVATIONS" block. Combine as is appropriate and eliminate the redundancy. Note that the "EASEMENT AND RESERVATIONS" block references sheet 3 which is incorrect. On sheet 2 of 4 under "EASEMENT PROVISIONS" item 2 remove "AND KING COUNTY WATER DISTRICT 90". On sheet 2 of 4 under "EASEMENT PROVISIONS" item 4 remove "CITY OF RENTON AND". On sheet 2 of 4 under "EASEMENT PROVISIONS" item 8 remove "AND WATER DISTRICT 90". On sheet 2 of 4 under "TITLE NOTES" item 6 include THE WORDS "RECORDED UNDER REC. NO. 20130214001080." On sheet 2 of 4 under "PLAT NOTES" item 1 should finish with the final sentence in item 2, towit: MEMBERSHIP IN THE LIBERTY GARDENS HOMEOWNERS' ASSOCIATION AND PAYMENT OF DUES OR OTHER ASSESSMENT SHALi REMAIN AN APPURTENANCE TO AND INSEPARABLE FROM EACH LOT . On sheet 2 of 4 under "PLAT NOTES" item 2 should start with an explicit purpose statement, e.g., "TRACT 'C' IS FOR RECREATION PURPOSES ONLY FOR THE BENEFIT OF ALL THE LOT OWNERS IN THIS PLAT . EACH LOT OWNER IN THIS PLAT LOTS (1 THROUG 36 INCLUSIVE) SHAL HAVE AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN TRACT 'C'. THE LIBERTY GARDENS HOMEOWNERS' ASSOCIATION SHALL BE RESPOSIBLE FOR THE MAINTENANCE OF SAID TRACT 'C'. HOWEVER, SHOULD THE HOMEOWNERS' ASSOCIATION FAIL TO PROPERLY MAINTAIN TRACT 'C' THEN LOT OWNERS OF ALL THE LOTS 1 THROUGH 36 SHALL BE EQALLY RESPONSIBLE FOR THE MAINTENANCE OF SAID TRACT 'C'. On sheet 2 of 4 under "PLAT NOTES" item 3 it is unclear why this note include Tract 'C' the maintenance of which is covered in item 2, On sheet 2 of 4 under "PLAT NOTES" item 6 include the appropriate drawing number "R 3723" in the space provided. On sheet 2 of 4 under "PLAT NOTES" eliminate item 7 as it is conflicting as written and applicable fees will be assessed and paid prior to issuance of the residential building permits. On sheet 2 of 4 under "PLAT NOTES" eliminate item 8 if 50% of the school impact fees are to be paid "prior to recording" says such is moot at recording. A statement that 50% of the fees has been paid is fine although pursuant to the preceding comment it should be noted that the balance of the school impact fee will be calculated based on the fee at the time of permitting. Fees cannot be vested and the amount cited may or may not be correct According to the response to the HEX conditions and comments no school fees will be paid rendering the whole comment moot. On sheet 3 of 4 under Horizontal Datum, explicitly state that ties to the City of Renton Survey Control Network are pursuant to The Plat of Cavalla. The call out to "HELD NORTH 02° 20' 38" EAST" doesn't agree with the bearing shown along the called out line; which should be identified as the "SOUTH HALF OF THE EAST LINE". In addition, add the words "BASIS OF BEARING" juxtaposed to the called out line. On sheet 3 of 4 the street name for the westernmost street in the control diagram is incorrect it is 160th Ave SE. On sheet 3 of 4 the "FOUND PUNCH MARK" in the lower left is incorrect as the monument at that intersection is the NE corner of Section 14 shown in the upper right On sheet 4 of 4 show sufficient dimensions to define the location of the private drainage easements shown within the 10' street frontage easement. The lot addresses are provided by the city (see the attachment). Note said addresses and the street names on the plat drawing. Complete the plug table. Ran: March 23, 2015 Page 5 of 18 PLAN.REVIEW COMMENTS I \14-001417 City of ' " + = ENG -Final Plat Submittal Review Version 2 I January 16, 2015 Technical Services Comments Bob MacOnie 1425-430-7369 I bmaconie@rentonwa.gov Do note encroachments. The abutting property to the north of the subject plat is platted. note the lot numbers and plat name on the drawing. There is no reference to the a FLOW CONTROL BMP COVENANT or the elucidation of same on the face of the plat; one or both are required. Final Plat: Bob Mac Onie 1212412014 Under PLAT NOTES on sheet 2 of 4 the notes for Tract 'B'. item 3, and Tract 'D'. item 13. are inadequate. Tract 'B' is not conveyed and the note is incorrect and incomplete is several particulars and item 13 is incomplete. Please group all of the statements regarding tracts and start with the following note: "A Tract' is land reserved for specified uses, including. but not limited to reserve tracts. recreation, open space, critical areas, surface water retention, utility facilities and access. Tracts are not considered building sites for the purposes of residential dwelling." Follow the preceding with the tract notes in order. Far Tract 'B' use the following: "Tract 'B' is a Storm Drainage tract; upon the recording of this plat, Tract 'B' is hereby granted and conveyed to the Liberty Gardens Homeowner's Association (HOA). An easement is hereby granted and conveyed to the City of Renton over, under, and across Tract 'B' for the purpose of conveying, storing, managing and facilitating storm and surface water per the engineering plans on file with the City of Renton. The City of Renton has the right to enter said Storm Water Easement for the purpose of inspecting, operating, maintaining, improving, and repairing it's drainage 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 'B' shall be the responsibility of the HOA. In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in Tract 'B' previously owned by the HOA and have the attendant financial and maintenance responsibilities." Add the following to the Tract 'D' note: "In the event that the HOA is dissolved or otherwise fails to meet its property tax obligations, as evidenced by non payment of property taxes for a period of eighteen (18) months, then each lot in this plat shall assume and have an equal and undivided ownership interest in the Tract 'D' previously owned by the HOA and have the attendant financial and maintenance responsibilities." Ran: March 23, 2015 Page 6 of 18 ' PLAN REVIEW COMMENTS ~14-001417 City of Application Date: October 16, 2014 Name: LIBERTY GARDENS PLAT Site Address: ENG -Final Plat Submittal Review Version 1 I November 18, 2014 Addressing Review Comments Jan Conklin 1425-430-7276 I jconklin@rentonwa.gov Add addresses to plat. See attachment for addresses. Engineering Review Comments Rohini Nair 1425-430-7298 I rnair@rentonwa.gov November 18, 2014 Mr. Kyle Lublin D.R. Horton 12910 Totem Lake Blvd NE, Suite 220, Kirkland, WA 98034 SUBJECT: Status Report of LIBERTY GARDENS FINAL PLAT File No. LUA14 001417 FP Dear Mr. Lublin, The purpose of this letter is to provide an update on the status of the final plat submittal. There are several outstanding items, which must be completed and resubmitted for review before project can be completed and the final plat can be recorded. I am forwarding on the first set of comments from all departments. Property Services (Technical services) Comments Bob MacOnie reviewed the final plat submittal and has provided CORRECTIONS RESUBMIT comments. 1. Please see the separate attachment for the property services (Technical services) comments. Planning Comment Rocale Timmons reviewed the final plat submittal and has provided the CORRECTION RESUBMIT planning comments: 1. Please revise Sheet 4 of 4: Tract D Title should include specific information for the critical areas located with the tract. Including: Type (Stream/Wetland), Classification, Size of each critical area and size of buffer. You can place in a legend or within the tract. 2. The mitigation is required to be installed (plants. signage, fencing, etc.) prior to Final Plat approval pursuant to the approved plan, please have your wetlands specialist provide me with written verification that the installation is in conformance with the approved plan or alternatively provide me with an as built plan. 3. In order to provide you with the amount of security necessary for the maintenance and monitoring of the wetland mitigation plantings, signage, and fencing. we will need a copy of the signed maintenance and monitoring contract for this work. A draft (followed by a final) maintenance and monitoring contract (or contracts) for our review prior to execution of the contract shall be provided. The draft contract language must ensure compliance with both the performance standards of the Sewall Wetland Consulting, Inc., mitigation plan as well the maintenance and monitoring standards of the Renton Municipal Code. The scope of the contract must clearly cover the cost of plant maintenance and replacement as well. The language in the contract must also guarantee that "structures, improvements, and mitigation perform satisfactorily for a period of 5 years" (e.g. add provisions for plant replacement and weed removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan. The contract must include quarterly monitoring reports for the first year and annual reports thereafter. The draft contract must be followed up with a final signed contract once the City approves the draft version. Once the City approves the contract proposal, the applicant will need to provide a maintenance surety device (a letter of credit or irrevocable set aside letter) set at an amount totaling 125% of the cost to guarantee satisfactory performance for a minimum of five years. 4. Please contact me to request a landscaping inspection to ensure all plantings not located on the individual lots have been installed. Please note that the approved plan calls for all 3 inch caliper trees and I will be Building Comments Ran: March 23, 2015 Page 1 of 6 • PLAN REVIEW COMMENTS A14-001417 City of ENG -Final Plat Submittal Review Version 1 I November 18, 2014 Engineering Review Comments Rohini Nair I 425-430-7298 I rnair@rentonwa.gov Jan Conklin reviewed the addressing aspects and has provided the following CORRECTIONS RESUBMIT comments. 1. Add addresses to face of plat plans. Please see the separately attached addressing sheet. Fire Comments Corey Thomas reviewed the final plat submittal and has provided the following CORRECTIONS RESUBMIT comments: 1. Provide and install all required street name signs per approved plans. Plan Review comments Rohini Nair reviewed the final plat submittal and has provided the following CORRECTIONS RESUBMITcomments: 1. Final Plat plan and documents submitted i. Please see the attached sample letter format for the Confirmation of compliance with the conditions of the Plat Approval, include the date of the approvals also. Revise and submit the confirmation of compliance for Liberty Gardens in this format and resubmit. Include the conditions of approval of the preliminary plat minor modification also. ii. The CD that was submitted with the Liberty Gardens submittal cannot be opened in our computer. Please submit a new CD. iii. The ROW dedication shown in the approved utility construction permit is 5 feet instead of the 4.5 feet currently shown in the final plat plan. Please correct the final plat plan. iv. Please label that the ROW width on 164th Ave SE ROW as 35 feet (after dedication) in the final plat plan. v. The individual Lot storm water BMP table should be included with the final plat plan, or a separate covenant for the Lot BMPs should be recorded and the information should be shown on the final plat. 2. Maintenance Agreement for Stormwater The City attorney will review the CC&R's. 3. Utility Improvements Punch list Complete all utility, drainage, paving, grading, street lighting, landscaping, street improvements, including Installation of all street signs for the project. This includes all punch list items from the Public Works Inspector and/or the City Maintenance Division. Please continue working with inspector, Mark Wetherbee, 206 999 1829. The utility construction permit must be signed off by the inspector prior to recording of the plat. Please ensure all punch list items are complete, the project has a final walk through and permit sign off has been completed. 4. Street lighting Provide status. 5. As Built Submittal The construction plan mylars must be checked out from the sixth floor Public Works counter and updated or replaced with a complete As Built plan set. All plan sheets, including those constructed per design, must be verified, stamped and signed as As Built by a licensed surveyor or engineer. The civil drawings shall accurately reflect the construction activity. The civil drawings also need to show all sanitary sewer, and storm drainage systems easements, which shall be consistent with the As Built location of the utility. Once the Ran: March 23, 2015 Page 2 of 6 . PLAN REVIEW COMMENTS I ~ 14-001417 City of ENG -Final Plat Submittal Review Version 1 I November 18, 2014 Engineering Review Comments Rohini Nair I 425-430-72981 rnair@rentonwa.gov above have been addressed, submit one set of As Built blue lines of the civil drawings to me. The inspector will review the blue lines. If they are in order, I will call for the civil mylars to be returned. These final mylars must be submitted for our permanent records. The mylars shall be labeled "AS BUILT" in a large block letters and stamped by a PE or PLS. 6. Construction Cost Data The Cost Data Inventory Form (based on information from the As Built drawing) 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. 7. Bill of Sale The Bill of Sale is to reflect the items and quantities as shown on the Cost Data and Inventory Form. Include sidewalk, curb, gutter, sewer, storm, and storm vault to be owned and maintained by the City. 8. Maintenance Bond A two year Maintenance Bond or Assignment of Funds is required in the amount of 20% of the grand total of the storm, streets, sidewalk, curb and gutter and storm vault costs as shown on the Cost Data Inventory form. The permit bond will be released upon receipt and acceptance of the maintenance bond or assignment of funds. 9. Easements Separate utility easements, where applicable will be required to be submitted for review. Easement documents must be submitted, approved, and recorded by the City. Please submit all easements for our review and approval before signing and notarizing by the property owner. We will return for final signature and notarization once our Technical Services Division has approved the legal description and easement form. Please include legal description as "Exhibit A" and map showing location of easement as "Exhibit B". 1 O. All Fees Paid i. All outstanding fees must be paid. ii. Ensure any overtime inspection billed to the job is paid. iii. A check in the amount of $15.81 made out to Champion Courier will be required prior to recording. Please submit all correspondence and revisions to me and I will forward them on to the appropriate departments for further review. Please keep in mind each department has up to two additional weeks to review the corrections. If you have any questions please contact me at 425 430 7298. Sincerely, Rohini Nair Project Manager Development Engineering E mail: rnair@rentonwa.gov cc: Bob MacOnie. Technical Services Corey Thomas, Fire Department Ran: March 23, 2015 Page 3 of 6 -PLAN REVIEW COMMENTS \14-001417 ENG -Final Plat Submittal Review Engineering Review Comments Jan Conklin, Building Department Rocale Timmons, Planning Division Steve Lee, Development Engineering Mark Wetherbee, Construction lnsoection Fire Review -Building Comments 1. Provide and install all required street name signs per approved plans. City of Version 1 I November 18, 2014 Rohini Nair 1425-430-7298 I rnair@rentonwa.gov Corey Thomas I 425-430-7024 I cthomas@rentonwa.gov Planning Review Comments Rocale Timmons I 425-430-7219 I rtimmons@rentonwa.gov 1. Please revise Sheet 4 of 4: Tract D Title should include specific information for the critical areas located with the tract. Including: Type (Stream/Wetland), Classification, Size of each critical area and size of buffer. You can place in a legend or within the tract. 2. The mitigation is required to be installed (plants, signage, fencing, etc.) prior to Final Plat approval pursuant to the approved plan, please have your wetlands specialist provide me with written verification that the installation is in conformance with the approved plan or alternatively provide me with an as built plan. 3. In order to provide you with the amount of security necessary for the maintenance and monitoring of the wetland mitigation plantings, signage, and fencing, we will need a copy of the signed maintenance and monitoring contract for this work. A draft (followed by a final) maintenance and monitoring contract (or contracts) for our review prior to execution of the contract shall be provided. The draft contract language must ensure compliance with both the performance standards of the Sewall Wetland Consulting, Inc., mitigation plan as well the maintenance and monitoring standards of the Renton Municipal Code. The scope of the contract must clearly cover the cost of plant maintenance and replacement as well. The language in the contract must also guarantee that "structures, improvements, and mitigation perform satisfactorily for a period of 5 years" (e.g. add provisions for plant replacement and weed removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan. The contract must include quarterly monitoring reports for the first year and annual reports thereafter. The draft contract must be followed up with a final signed contract once the City approves the draft version. Once the City approves the contract proposal, the applicant will need to provide a maintenance surety device (a letter of credit or irrevocable set aside letter) set at an amount totaling 125% of the cost to guarantee satisfactory performance for a minimum of five years. 4. Please contact me to request a landscaping inspection to ensure all plantings not located on the individual lots have been installed. Please note that the approved plan calls for all 3 inch caliper trees and I will be checking to ensure that those trees installed before and after Final Plat are 3 inch caliper or laroer. Technical Services Comments Bob MacOnie 1425-430-7369 I bmaconie@rentonwa.gov Final Plat: Bob Mac Onie 1114/2014 Note the City of Renton land use action number and land record number, LUA14 001417 and LND10 0519, respectively, on the final plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Please note that the land use action number provided has changed this occurred when the subdivision changed from preliminary to final plat status. On sheet 1 of 4 under "DEDICATION" and the following two paragraphs: FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDEDM WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLEAi MS FOR DAMAGES AGAINST THE CITY OF RENTON, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE ESTABLISHMENT, CONSTRUCTION, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS WITHIN THIS SUBDIVISION OTHER THATN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF RENTON. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOLD THE CITY OF RENTON, ITS SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY DAM GE, INCLUDING ANY COSTS OF DEFENCE, CLAIMED BY PERSONS WITHIN OR WITHOUT THIS SUBDIVISION TO HAVE BEEN CAUSED B ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE, OR SURFACE OR SUB SURFACE WATER FLOWS WITHIN THI SUBDIVISION PROVIDED, THIS WAIVE AND INDEMNIFATION SHALL NOT BE CONSTRUDED AS RELEASING THE CITY OF RENTON, ITS SUCCESSORS OR ASSIGNS, FROM LIABILITY FOR DAMAGES, INCLUDEING THE COST OF DEFENCE, RESULTING IN THE WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OF RENTON, ITS SUCCESSORS, OR ASSIGNS. THIS SUBDIVISION, DEDICATION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITHH THE FREE CON SE~ AND IN ACCORDANCE WITH THE DESIRES OD SAID OWNERS. IN WITNESS WHEREOF, WE SET OUR HANDS AND SEALS: Ran: March 23, 2015 Page 4 of 6 .. PLAN REVIEW COMMENTS ~14-001417 City or "+ ENG -Final Plat Submittal Review Version 1 I November 18, 2014 Technical Services Comments Bob MacOnie I 425-430-7369 I bmaconie@rentonwa.gov On sheet 2 of 4 under "EASEMENT PROVISIONS" item 1 appears to be largely redundant with the "EASEMENT AND RESERVATIONS" block. Combine as is appropriate and eliminate the redundancy. Note that the "EASEMENT AND RESERVATIONS" block references sheet 3 which is incorrect. On sheet 2 of 4 under "EASEMENT PROVISIONS" item 2 remove "AND KING COUNTY WATER DISTRICT 90". On sheet 2 of 4 under "EASEMENT PROVISIONS" item 4 remove "CITY OF RENTON AND". On sheet 2 of 4 under "EASEMENT PROVISIONS" item 8 remove "AND WATER DISTRICT 90". On sheet 2 of 4 under "TITLE NOTES" item 6 include THE WORDS "RECORDED UNDER REC. NO. 20130214001080." On sheet 2 of 4 under "PLAT NOTES" item 1 should finish with the final sentence in item 2, towit: MEMBERSHIP IN THE LIBERTY GARDENS HOMEOWNERS' ASSOCIATION AND PAYMENT OF DUES OR OTHER ASSESSMENT SHALi REMAIN AN APPURTENANCE TO AND INSEPARABLE FROM EACH LOT . On sheet 2 of 4 under "PLAT NOTES" item 2 should start with an explicit purpose statement, e.g., "TRACT 'C' IS FOR RECREATION PURPOSES ONLY FOR THE BENEFIT OF ALL THE LOT OWNERS IN THIS PLAT . EACH LOT OWNER IN THIS PLAT LOTS (1 THROUG 36 INCLUSIVE) SHAL HAVE AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST IN TRACT 'C'. THE LIBERTY GARDENS HOMEOWNERS' ASSOCIATION SHALL BE RESPOSIBLE FOR THE MAINTENANCE OF SAID TRACT 'C'. HOWEVER, SHOULD THE HOMEOWNERS' ASSOCIATION FAIL TO PROPERLY MAINTAIN TRACT 'C' THEN LOT OWNERS OF ALL THE LOTS 1 THROUGH 36 SHALL BE EQALLY RESPONSIBLE FOR THE MAINTENANCE OF SAID TRACT 'C'. On sheet 2 of 4 under "PLAT NOTES" item 3 it is unclear why this note include Tract 'C' the maintenance of which is covered in item 2, On sheet 2 of 4 under "PLAT NOTES" item 6 include the appropriate drawing number "R 3723" in the space provided. On sheet 2 of 4 under "PLAT NOTES" eliminate item 7 as it is conflicting as written and applicable fees will be assessed and paid prior to issuance of the residential building permits. On sheet 2 of 4 under "PLAT NOTES" eliminate item 8 if 50% of the school impact fees are to be paid "prior to recording" says such is moot at recording. A statement that 50% of the fees has been paid is fine although pursuant to the preceding comment it should be noted that the balance of the school impact fee will be calculated based on the fee at the time of permitting. Fees cannot be vested and the amount cited may or may not be correct. According to the response to the HEX conditions and comments no school fees will be paid rendering the whole comment moot On sheet 3 of 4 under Horizontal Datum, explicitly state that ties to the City of Renton Survey Control Network are pursuant to The Plat of Cavalla. The call out to "HELD NORTH 02" 20' 38" EAST" doesn't agree with the bearing shown along the called out line; which should be identified as the "SOUTH HALF OF THE EAST LINE". In addition, add the words "BASIS OF BEARING" juxtaposed to the called out line. On sheet 3 of 4 the street name for the westernmost street in the control diagram is incorrect it is 16oth Ave SE. On sheet 3 of 4 the "FOUND PUNCH MARK" in the lower left is incorrect as the monument at that intersection is the NE corner of Section 14 shown in the upper right. On sheet 4 of 4 show sufficient dimensions to define the location of the private drainage easements shown within the 1 O' street frontage easement. The lot addresses are provided by the city (see the attachment). Note said addresses and the street names on the plat drawing. Complete the plug table. Do note encroachments. Ran: March 23, 2015 Page 5 of 6 PLAN REVIEW COMMENTS ~14-001417 City of • ENG -Final Plat Submittal Review Version 1 I November 18, 2014 Technical Services Comments Bob MacOnie 1425-430-7369 I bmaconie@rentonwa.gov The abutting property to the north of the subject plat is platted, note the lot numbers and plat name on the drawing. There is no reference to the a FLOW CONTROL BMP COVENANT or the elucidation of same on the face of the plat; one or both are required. Ran: March 23, 2015 Page 6 of 6 Denis Law c· a -1ty~. -----~M:a:yo:r ___ .................. ~ r) • October 21, 2014 Kyle Lublin · SSHI LLC, dba D.R. Horton 12910 Totem Lake Blvd. NE, Ste 220 Kirkland, WA 98034 _!~' r rro·r l Community & Economic Development Department C.E. "Chip"Vincent, Administrator Subject: Notice of Complete Application Liberty Gardens Plat LUA14-001417, FP Dear Mr. Lublin: 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) 430-7298 if you have any questions. Sincerely, Rohini Nair Project Manager Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov Kyle Lublin From: Sent: To: Cc: Subject: Hi Kyle, Rohini Nair <RNair@Rentonwa.gov> Friday, October 03, 2014 9:38 AM Kyle Lublin Steve Lee Liberty Gardens Final Plat Submittal The City project inspector has informed me that the project is 80% constructed in the field. We can schedule the pre screen (prior to submittal) of the the final plat submittal for 11 am on Wednesday October 8. Let me know if that time will work for you. The final plat submittal fee is $1,500. Do you have a copy of our final plat submittal check list? If not, let me know. Sincerely Rohini 'fcohuu;,Natr Civil Engineer Ill Plan Review Section City of Renton 1055 -S. Grady Way 6th floor Renton, WA 98057 Phone: (425) 430-7298 E-mail: rnair@rentonwa.gov 1 Department of Community and Economic Development Permit Information Construction Permit: U13003013 IVR Number: 13003013 Permit Name: LIBERTY GARDENS PREL PLAT JF .. City of . . Address/Location: SE OF 162ND AVE SE AND SE 140TH ST Parcel Number: 1457500145 Application Date: 06/13/2013 Permit Type: Engineering Issue Date: 05/21/2014 Permit Work Class: Construction Expiration Date: 05/21/2015 Inspector: Mark Wetherbee 206-999-1829 Plan Reviewer: Rohini Nair 425-430-7298 Description: INSTALL SEWER, STORM AND ROADWAY FOR 36 LOT PLAT. Drawing 113723. Contacts Billing Type Name Address Phone Kyle Lublin 12910 Totem Lake Blvd NE, 220 - Applicant B: (425) 821-3400x5142 1---------------D~R=H~or~to=n====-----__________ __:.--Ki._.rk'"la .. n_.-d._,_,-'--W .. A0~9~80~3~4 ________________ _ REED WATTERSON 718 Griffin Ave, 90 B: (360) 825-6333 Contractor WATTERSON EXCAVATION Enumclaw, WA 98022-3418 C: (360) 825-6333 Construction Contractor: WATTEEI 953RK Business License Number: BL.028911 -----------~~=-------------------==~-~~=~=-==-~--,--,---,--,-------l D R HORTON 12910 Totem Lake Blvd NE, SUITE B: (425) 821-3400 X Owner SSHI LLC dba DR HORTON 220 Kirkland WA 98034 Other Roadway Improvements: $300,000.00, Stormwater Utilities: $175,000.00, Sewer Utilities: $130,000.00 General Conditions & Signature 3-17-/ r- • Permission is hereby given for the work described on this permit according to the conditions hereon and according to the approved plans and specifications pertaining thereto, subject to compliance with the Ordinance of the City of Renton. • This permit and plans must be posted at the job site at all times. • I hereby certify that no work is to be done except as described above and in approved plans, and that work is to conform to Renton codes and ordinances. • Call (425) 430-7203 or go to: www.MyBuildingPermit.com one working day in advance to schedule an inspections and for ANY work in the Right of Way. • Call 8 11 to locate underground utilities at least two full business days prior to any excavation . • In accordance with RCW 19.122.033(4) the permit holder is required to contact (Williams Northwest Pipeline at 425.868.1010) (Olympic Pipeline at 206.510.0575)(Puget Sound Energy at 425.457.5816) to request a consultation with the transmission pipeline company prior to performing any construction or excavation activities. This requirement to consult with the transmission pipeline company is in addition to the requirement to Call before You Dig as required in RCW 19.122. (Signature) (Date) THIS PERMIT AND PLANS MUST BE POSTED AT THE JOB SITE AT ALL TIMES ~ ~~;r Page 1 of 1 Friday, October 10, 2014 City of Renton Jan Illian, Steve Lee Development Services 1055 South Grady Way Renton, WA 98055 King County 'Water District No. 90 15606 South E:1<;t 128th Street Renton. \V2n,hington 98059,4540 Phone: <+2.5-.?.J.:'i-9600 frlX'. 4-:'.S-277 -4128 RE: Substantial Completion of Water Mains and Hydrants and Fire Flow-Liberty Gardens -162 Ave SE & SE 140 ST Renton. WA 98059 -Pcm1it#U 14002652 This letter is to inform you that King County Water District NO. 90 has reviewed the Liberty Gardens Water System and found that the water mains and all appurtenances are installed, operational and installed to the District specifications. The water system can supply over 1000 gpm for duration of more than two hours If you have any questions on this matter, please give me a call. Sincerely, Joshua Deraitus Operations Manager, KCWD 90 cc: Jason Hancock. DR Homton Quyen Dang, Staniec Lany Ruda, Watterson Excavating i kcwd90.local\data1.(' on1panyData' Enginctifog",Dt'"vdoper Extensions l:j ub.stantiul Cnmpk1111ns. Ube11y Gardens Substantial Compktion 10-10-14.doc City of Renton LAND USE PERMIT MASTER APPLICATION ' . PROPERTY OWNER(S) PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: NAME: SSHI LLC, dba D.R. Horton Liberty Gardens (Citv File No.: LUA 08-093 PP ECF) ADDRESS: 12910 Totem Lake Blvd. NE, Suite 220 PROJECT/ADDRESS(S)ILOCATION AND ZIP CODE: Southeast of 162'' Avenue SE and SE 1401h Place CITY: Kirkland ZIP: 98034 TELEPHONE NUMBER: 425.821.3400 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 145750-0151 , L•v> 145750-0145 I " APPLICANT (if other than owner) 'N-, NAME: SSHI LLC, dba D.R. Horton EXISTING LAND USE(S): 8ft Vacant Land -(. COMPANY (if applicable): PROPOSED LAND USE(S): Single-Family Residential EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: 12910 Totem Lake Blvd. NE, Suite 220 Residential Low Density (RLD) PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION 98034 CITY: Kirkland ZIP: (if applicable) Not Applicable EXISTING ZONING: TELEPHONE NUMBER: 425.821.3400 R-4 CONTACT PERSON PROPOSED ZONING (if applicable): R-4 NAME: Kyle Lublin SITE AREA (in square feet): 9.95 Acres/38,986.20 Square Feet SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): D.R. Horton DEDICATED: 78,154 Square Feet SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: 1291 O Totem Lake Blvd. NE, Suite 220 3,689 Square Feet PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Kirkland ZIP: 98034 ACRE (if applicable) 4-Residential Dwellinas Per Acre TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) 425.821.3400 x5142 -klublin@drhorton.com 36 NUMBER OF NEW DWELLING UNITS (if applicable): 36 G:\Land\CURRENT PROJECTS\Libcrty Gardens P-Plat\Final Plat\Renton masterapp.doc -I - • S) Lt,, '<I U .. c.:"~ f.\f\J\ IC:t\+-lvr'\ . l' .,,, .. .._,.\ "::l!. V ,L} l· ,~ 8} L··.:,-r l<i' '-,, • .. OJECT INFORMATION (conL,nued) ~-__,__c___c ____ .__1_ ___________ ~ NUMBER OF EXISTING DWELLING UNITS (if applicable): Not Applicable SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): Not Applicable SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): Not Applicable SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): Not Applicable SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): Not Applicable NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): Not Applicable NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): Not Applicable ·------ PROJECT VALUE: IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): 0 AQUIFIER PROTECTION AREA ONE D AQUIFIER PROTECTION AREA TWO D FLOOD HAZARD AREA D GEOLOGIC HAZARD 0 HABITAT CONSERVATION 0 SHORELINE STREAMS & LAKES 0 WETLANDS ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included\ SITUATE IN THE SEY.. SE 1/4 QUARTER OF SECTION 14 , TOWNSHIP 23 ,RANGE_5_, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Tia B. Heim , declare under penalty of pe~ury under the laws of the State of Washington that I am (please check one)_ the current owner of the property involved in this application or XX 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. SSHI LLC, a Delaware limited liability company, dba D.R. Horton £, :SHLR of~ashi t ,.Inc., a Washington corporation, Its manager % ' , , 10.07.14 Signature of Ow er/Representative Tia B. Heim STATE OF WASHINGTON ) COUNTY OF KING ) ss ) Date I certify that I know or have satisfactory evidence that Tia B. Heim signed this instrument and acknowledge it to be his/her/tiheir free and voluntary act for tihe uses and purpose mentioned in the instrument 10.07.14 Dated My appointment expires: ...,[._/ (,..,,_·~1:"'2~._.2'-'t'-1.,_l '5L.. ____________ _ G:\Land\CURRENT PROJECTS\Libcrty Gardens P-Plat\Final Plat\Renlon masterapp.doc -2 - Liberty Gardens Legal Description The land in the County of King, State of Washington, described as follows: TRACTS 5 AND 6, BLOCK 4, CEDAR PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 91, RECORDS OF KING COUNTY, WASHINGTON. CERTIFICATE OF SECRETARY The undersigned hereby certifies as follows: l. He is a duly elected, qualified and acting Secretary of SHLR of Washington, Inc., a Washington corporation (the "Company"), is familiar with the facts herein cettified and is duly authorized to certify the same. 2. The following is a true, correct and complete copy of resolutions related to the suhject matter as adopted by the Consent of Sole Director of the Company dated July 29, 2009 (the "Resolutions"). The Resolutions have not been amended, rescinded or modified and remain in full force and effect as of the date hereof. Authority of Vice President and Assjstant Secretary WHEREAS, effective August 8, 2007, Tia Heim was duly elected to the offices of Vice President and Assistant Secretary of the Company (the "Vice President") in the Company's Seattle Division (the "Division"), and it is now desirable to expand her authority. NOW, THEREFORE, BE IT RESOLVED, that in connection with the management of the Entities' business in the Division, the Vice President is hereby authorized and empowered, in the Division and in the name and on behalf of (A) the Company, (BJ any partnership of which the Company is a general pai1ner, manager or agent, and (C) any limited liability company of which the Company is a member, manager or agent (collectively the "Entities"), to execute and deliver (i) sales person employment agreements and similar or equivalent agreements, documents or instruments, and (ii) any and all documents and instruments necessary to contract for or close the sale of any one or more single-family residences on behalf of the Entities. RESOLVED FURTHER, that in connection with land development and construction for the Division, the Vice President is hereby authorized and empowered, in the Division and in the name and on behalfofthe Entities, and subject to oral or written approval of the Division President of the Division, to execute and deliver contracts, agreements and other documents and instruments for the subdivision, development and/or improvement of real property, including independent contractor agreements, maintenance contracts, homeowner association documents, entitlement submissions, security bonds, subdivision improvement agreements, permit applications, easement deeds, subdivision maps and plats, agreements with adjacent property owners, consulting contracts, signage contracts, advertising agreements, construction personnel employment agreements and similar or equivalent agreements, documents or instruments on behalf of the Entities. 2013. RESOLVED FURTHER, that the authority hereby granted to the Vice President supersedes authority previously granted by Written Consent of Sole Director to the Vice President as of the date hereof. lN WITNESS WHEREOF, the undersigned has set his hand on the 4'" day of February, Thomas B. Montano Secretary U:VT£WAL1\Mi11ViHLR ofWA\l3Feb04-C0S.wpd CERTIFICATE OF SECRETARY The undersigned hereby certifies as follows: I. He is a duly elected, qualified and acting Secretary of SSH! LLC, a Delaware limited liability company (the "Companv"), is familiar with the facts herein ce11ified and is duly authorized to certify the same. 2. The following is a trne, correct and complete copy of resolutions related to the subject matter as adopted by the Consent of Sole Member of the Company dated July 29, 2009 (the "Resolutions"). The Resolutions have not been amended, rescinded or modified and remain in full force and effect as of the date hereof. Authority of Vice President and Assistant Secretary WHEREAS, effective August 8, 2007, Tia Heim was duly elected to the offices of Vice President and Assistant Secretary of the Company (the "Vice President") in the Company's Seattle Division (the "Division"), and it is now desirable to expand her authority. NOW, THEREFORE, BE IT RESOLVED, that in connection with the management of the Entities' business in the Division, the Vice President is hereby authorized and empowered, in the Division and in the name and on behalf of (A) the Company, (B) any partnership of which the Company is a general partner, manager or agent, and (C) any limited liability company of which the Company is a member, manager or agent (collectively the "Entities"), to execute and deliver (i) sales person employment agreements and similar or equivalent agreements, documents or instruments, and (ii) any and all documents and instruments necessary to contract for or close the sale of any one or more single-family residences on behalf of the Entities. RESOLVED FURTHER, that in connection with land development and construction for the Di vision, the Vice President is hereby authorized and empowered, in the Division and in the name and on behalf of the Entities, and subject to oral or written approval of the Division President of the Division, lo execute and deliver contracts, agreements and other documents and instruments for the subdivision, development and/or improvement of real prope11y, including independent contractor agreements, maintenance contracts, homeowner association documents, entitlement submissions, security bonds, subdivision improvement agreements, permit applications, easement deeds, subdivision maps and plats, agreements with adjacent property owners, consulting contracts, signage contracts, advertising agreements, constrnction personnel employment agreements and similar or equivalent agreements, documents or instruments on hehalf of the Entities. 2013. RESOLVED FURTHER. that the authority hereby granted to the Vice President supersedes authority previously granted by Written Consent of Sole Director to the Vice President as of the date hereof. IN WITNESS WHEREOF, the undersigned has set his hand on the 4'h day of February, Thomas B. Montano Secretary U:\TTEW AL T\Min\SSHI LLD JJFeb04-COS.wpd 2 . PLANNING DIVISION WAIV-~ OF SUBMITTAL REQU EMENTS r-uR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: REQUIREMENTS: BY: BY: · .. Calculations 1 Colored Maps for Display 4 Construction Mitigation Description ,AND• i'\ c.i;--.,'\~Y j,:")/11 . ----:-: ' ' . . Deed of Right-of-Way Dedication . . ·.·. Density Worksheet , C!cc .. -{:~ ,/e,,J., ~ ,vo,t,i,, Diain~ge Contrdl Plan 2 ~ ' ·.·_-_·, • ·. . .· .· Drainage Report 2 . Elevaijons, Archiiectural.;,AN[)4 ••• . ·. ' . ' •> .. >". . .. . . Environmental Checklist 4 Pr- Ex@iing Cove~ahts {Recorded Copy) 4• ··. · ··• . ··/c .. : .. ".•:.::'\:_'•. :. '•):',' •::·:.· •· . : ~: .... ·:•: ., Existing Easements (Recorded Copy) 4 :t'.~-?i-. f~ { rV'\ ·-·_·-._-•'•' ·, .. ---:_ .· . '·. -. .-.:"·.··:,· __ '_,_.-,.-_ .. . . IIJ'1.\\)l'I" . ',. . FlcJO~. Hazard pata 4 , V !,a \ .,, Floor Plans 3 AND 4 Geotechnical Report 2 AND 3 .. (:;·-,~a . ·:. : .. / .. i .. · . . -·.. . Grading Plan, Conceptual 2 ---Graclidg Plan, Detailed 2. . '.-. ,: . >"·._:·:::: .. ::-::-.: . : .. ' . Habitat Data Report 4 Improvement Deferral 2 . .. .': :· .. Irrigation Plan 4 Ki rig Golm\y Assessor's Map Indicating Site 4 ·· .. . ~ . Landscape Plan, Conceptual, Lan~si:ape Plan; Detailed 4 . .. :• .. ·.·· .. ·: .. · ..... ~ .•. . . Legal Description 4 Map Of Existing Site Conditions 4 . . :, . Master Application Form 4 Monument Cards {one per monument) 1 .. Neighborhood Detail Map 4 Parking, .Lot Coverage & Landscaping Analysis 4 Plan Reductions {PMTs) 4 Post Office Approval 2 This requirement may be waived by: 1. Property Services 2. Public Works Plan Review PROJECT NAME: L;, J,erj 0~-.)e""' r;~ ft/- . 3. Building 4. Planning DATE: ____________ _ ) H:\CED\Data\Forms-Ten'lplates\Self-Help Handouts\Planning\waiverofsubmittalreqs · 06/09 PLANNING DIVISION WAIVER : SUBMITTAL REQUIRE! NTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL WAIV.ED .MODIFIED COMMENTS: REQUIREMENTS: av: .BY: Plat Name Reservation 4 Preapplication Meeting Summary 4 Public Works Approval Letter, . R"'habilitation Plan 4 Screening Detail 4 Shoreline Tracking Worksheet 4 _.: .. · . : . __ ,.\ ....... ... -.-' : .. :':' .... Site Plan 2 AND 4 . $1r"'am or Lake Study, Standard+ . . ... ··.· .·._:::: ........ -.. / ' I '• __ . . . .. . Stream or Lake Study, Supplemental 4 StrE!am orLake Mitigation Plan 4: . ~./, .. ,0~e"~.;di.ii.;.;;t ~; . ·, . _·-. . ' . ·· Street Profiles 2 ·, .. /M,,'/ nP"L./1 TitlecReport or Plat Certificate 4 . , . . ·.· .• ·, > < . ·. . . . . . ·· ,, . .. · · ... ..,, Topography Map, . Traffic Study 2 . . · ··.· C i · .. -,.<-·.--·: ··_.-: : .·.:. Tree Cutting/Land Clearing Plan 4 · Urb.an Design .Regulations Analysis 4 , ,. ,,· . .. '"_:·/ . '· ... '. . . . Utilities Plan, Generalized 2 \ll'eitlands Mi.ligation Plan, Final 4 . .... ~- . ·. . ·: .. · . Wetlands Mitigation Plan, Preliminary 4 . ' Wetlands ReporVDelineation 4 . __ ._ ._.-. . . . ;-· .. -··.· Wireless: . . . Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites ,AND a Lease Agreement, Draft 2 AND a Map of Existing Site Conditions 2 AND; Map of View Area·,AND3 Photosimulations ,AND a . This requirement may be waived by: 1. Property Services 2. Public Works Plan Review 3. Building 4. Planning PROJECT NAME: j..J b«ti lhc~:deoi w tu DATE: {~ r/2&1/y H;\CED\Data\Forms-Templates\Self-Help Handouts\Planning\walverofsubmittalreqs · 06/09 / ' ' 'L, ,. ~ ~·y~ _/ w .-@ _J <l'. u V) ~ I- ,, u ·.~ 0 z 0.. <C :E: r:: -z -(.) -> December 15, 2014 Ms. Rohini Nair Community & Economic Development Department City of Renton I 055 South Grady Way Renton, WA 98057 RE: Liberty Gardens Final Plat Dear Ms. Nair: Please find attached our second submittal of the Confirmation of Compliance with all Conditions of Plat Approval for Liberty Gardens Final Plat. The project received approval from the Hearing Examiner on April 28, 2009 which includes conditions associated with the Determination of Non-Significance Mitigated dated December 17, 2008. Additional conditions have been placed on the project from the Minor Modification Reconsideration Response Letter dated October 7, 2013. The original condition is noted in bold below, and our responses to meet the condition is in italics. Conditions from the Hearing Examiner's Decision dated April 28, 2009. I. The Applicant will be required to submit a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to State Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual. The plan must be submitted to and approved by the Development Services Division Plan Review staff prior to issuance of the utility construction and during utility and road construction. A Temporary Erosion and Sedimentation Control Plans (TESCP) was submitted and approved by the City of Renton pn·or to permit issuance. 2. The detention system for this project shall be required to comply with the requirements found in the 2005 King County Surface Water Design Manual to meet both detention (Conservation Flow control -a.k.a. Level 3) and water quality improvements. The storm water detention pond has been designed In compliance with the 2005 King County Su(face Water Design Manual as required. 12910 Totem Lake Blvd. NE, Suite 220, Kirkland, WA 98034 Office: 425-821-3400 Fax: 800-451-0443 Ms. Rohini Nari Liberty Gardens December 15, 2014 • 3. The applicant shall comply with the conditions imposed by the Environmental Review Committee (ERC) modified in the appeal decision report of December 15, 2008. B. Mitigation Measures 1. The applicant will be required to submit a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the State Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the 2001 Stormwater Management Manual. The plan must be submitted to and approved by the Development Services Division Plan Review staff prior to issuance of the utility construction and during utility and road construction. A Temporary Erosion and Sedimentation Control Plans (TESCP) was submitted and approved by the City of Renton prior to permit issuance. 2. A covenant shall be recorded on the Sensitive Areas Tract, restricting its separate sale, prior to or in conjunction with the final plat recording. Each abutting lot owner or the homeowners' association shall have an undivided interest in the tract. A draft version of this document shall be submitted to and approved by the Current Planning Project Manager prior to plat recording. See plat note 15 on the Liberty Gardens final plat sheet 2 of 4. 3. The applicant shall submit a maintenance and monitoring plan, for a period no less than five years, for review and approval by the Current Planning Project Manager prior to plat recording. A maintenance and monitoring plan was reviewed and approved by the Current Planning Project Manager on March 20, 2014. 4. The applicant shall provide a maintenance surety device (a letter of credit or irrevocable set aside letter), prior to plat recording, set at an amount totaling 125% of the cost; to guarantee satisfactory performance of the mitigation plan for a minimum of five years. Ms. Rohini Nari Liberty Gardens December 15, 2014 Noted. Currently a letter of credit is in place to guarantee the installation of the mitigation plantings. Upon installation and acceptance a revised letter of credit will be provided for the maintenance and monitoring. 5. The detention system for this project shall be required to comply with the requirements found in the 2005 King County Surface Water Design Manual to meet both detention (Conservation Flow Control -a.k.a. Level 3) and water quality improvements. The storm water detention pond has been designed in compliance with the 2005 King County Surface Water Design Manual as required. 6. The applicant shall provide secondary access to the plat suitable for domestic, emergency and pedestrian safety; to the satisfaction of the City of Renton Development Services Division subject to the King County Road Standards (1993). An east/west road connection (SE 140th Street)from 162nd Ave SE to 164th Ave SE has been provided. The project has two access routes through public streets as well as public sidewalks along the public streets. 4. The Applicant shall provide an east/west road connection from 162nd Ave SE to 164th Ave SE in order to create highly connective road network. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 11187 as amended (1993 KCRS). An east/west road connection (SE 140th Street)from 162nd Ave SE to 164th Ave SE has been provided by the Liberty Gardens plat. The road will be built to applicable standards and dedicated to City of Renton upon recording of the plat. 5. The Applicant shall be required to submit a revised plat plan, depicting an east/west road connection from 162nd Ave SE to 164th Ave SE, which is also consistent with all preliminary plat review criteria. The revised plat plan shall be submitted for review and approval by the Development Services Division and the Current Planning Project Manager, prior to engineering plan approval. An east/west road connection (SE 140th Street) from 162nd Ave SE to 164th Ave SE has been provided by the Liberty Gardens plat. The revised plan was reviewed and approved by City of Renton prior to engineering plan approval. Ms. Rohini Nari Liberty Gardens December 15, 2014 6. Frontages, 162nd Ave SE and 164th Ave SE, for the full length of the property shall be improved to the satisfaction of the City of Renton Development Services Division subject to the King County Road Standards or as modified by variance. 162nd Ave SE shall be designed and constructed to meet the urban neighborhood collector standard. No lot shall have a driveway entering off162nd Ave SE or 164th Ave SE. Frontages improvements along I 62nd Ave SE and 164th Ave SE will be completed CL\' noted in the approved construction plans dated May I, 2014 and signed by City of Renton Staff May 8, 2014. 7. The Applicant shall create pedestrian paths and links as determined by Staff. The development will include construction of public sidewalks that provide for pedestrian movement. 8. The Applicant shall be required to provide a detailed tree retention plan with the engineering review application. The tree retention plan shall be reviewed and approved by the Current Planning Project Manager prior to engineering permit approval. A tree retention-replacement plan was submitted and reviewed by the Current Planning Project Manager during engineering review. The plan was approved prior to permit approval. 9. The Applicant shall pay a Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project. The fee for the proposed plat is estimated at $25,839.00 ($75.00 x 9.57 trips x 36 lots= $25,839.00) and is payable to the City prior to the recording of the final plat. Noted. The Applicant shall pay the current City of Renton Transportation Impact Fee at time of building permit. 10. The Applicant shall establish a homeowner's association for the development, which would be responsible for any common improvements and/or tracts within the plat prior to final plat recording. A homeowner 's association has been established for the development with the Washington Secretary of State in Olympia under the Liberty Gardens Homeowners Association. Ms. Rohini Nari Liberty Gardens December 15, 2014 11. The Applicant shall pay School Impact Fees per RMC 4-1-160, D, To the City of Renton, on behalf of the Issaquah School District. The fee for the proposed plat is estimated at $216,756.00 ($6,021.00 x 36 lots= $216,756.00). Noted. The Applicant shall pay the current City of Renton School Impact Fees at time of building permit. Conditions from the Liberty Gardens PP lat Mod. Reconsideration Response dated I 0/7 /l 3. 1. Prior to the application of for the Final Plat, 3 full size copies and an 8 Y, x 11 inch reduction of a final plat plan shall be submitted to the Planning Division project manager. A copy of the final plat was reviewed by the Planning Division project manager prior to final plat application. 2. The applicant is advised that all code requirements and conditions of plat approval are still applicable to the development of the site in addition to Mitigation Measures issued as part of the SEPA. The applicant should also understand that Environmental SEPA Review may be required for future modifications to the plat plan. Noted. 3. The applicant shall submit a revised right-of-way plan, for 1641h Ave SE, containing 35-feet of right-of-way containing the public sidewalk. Additionally, the plan is required to depict a connection for 164th Ave SE through to SE 144th St. The revised right-of-way plan shall be submitted to, and approved by, the Development Services Plan Reviewer prior to construction permit approval. A revised right-of-way plan was submitted forreview and approved by Development Services Plan Review prior to construction permit approval. 4. The applicant shall provide a landscape plan to the Current Planning Project Manager containing a IO-foot wide landscape easement and 6-foot high wood "good neighbor" fence parallel to 162"d and 1641h Ave SE abutting Lots 1 and 11; and a 2' wide landscape easement, in addition to I-foot of landscaping within the right-of- way behind the sidewalk, along 1641h Ave SE and 6-foot cedar fence abutting Lots 12-20. The landscape plan, and fence elevations, shall be reviewed and approved by the Current Planning Project Manager prior to construction permit approval. A landscape plan including the 10-foot wide easements abutting lots 1 and 11 as well as the landscape easement along lots 12-20 with noted fence types was reviewed and approved by the Current Planning Project Manager prior to construction permit approval. Ms. Rohini Nari Liberty Gardens December 15, 2014 5. A detailed recreation space plan, complying with KCC 21A.14 shall be submitted for review and approval by the Current Planning Project Manager prior to construction permit approval. A detailed recreation space plan complying with KCC 21A.14 was reviewed and approved by the Current Planning Project Manager prior to construction permit approval. As noted above the project complies with all conditions set forth by the Hearing Examiner. Should you have any questions or require additional information please contact me directly. Sincerely, Kyle Lublin DR Horton Entitlements Analyst Enclosure Secretary of State I, KIM WYMAN, Secretary of State of the State of Washington and custodian of its seal, hereby issue this ,., ·. _,..,_ .,. ,, l'·i \- J CERTIFICATE OF INCORPORATION C\ ..__t.-Lt:Lc,cl..:., I)~/ -J· ntt,-~ 01..l,1 o" to ,<;7 ""'-~ LIBERTY GARDENS HOMEOWNERS ASSOCIATION a/an WA Non-Profit Corporation. Charter documents are effective on the date indicated below. Date: 10/1/2013 UBI Number: 603-338-173 Given under my hand and the Seal of the State of Washington at Olympia, the State Capital ~~ Kim Wyman, Secretary of State Date Issued: 10/3/2013 '<'flj-,•,t.J,,, ~tj',""1,\ • S27 Web date: 11/26/2012 King County Department of Permitting and Environmental Review 35030 SE Douglas Street, Suite 210 Snoqualmie, WA 98065-9266 206-296-6600 TTY Relay: 711 www .kingcounty.gov Subdivision Density and Dimension Calculations For alternate formats, call 206-296-6600. ~If File Number (To be filled in by Permitting Staff) Preliminary Subdivision Worksheet Relating to Density and Dimensions Several development regulations play a role in the creation of a subdivision within King County. Determining the allowable density, minimum density, and a lot width on a piece of property can be confusing. This worksheet will assist you in correctly applying specific portions of the code and will be used to determine if a proposed subdivision or short subdivision meets the density and dimensions provisions of the King County Zoning Code (Title 21A). This worksheet is designed to assist applicants and does not replace compliance with adopted local, state and federal laws. Pre-application conferences are required prior to submittal of a subdivision or short subdivision. These conferences help to clarify issues and answer questions. They may save you both time and money by eliminating delays resulting from requests for additional information and revisions. You may call 206-296-6600 to find out how to arrange for a pre-application conference. Worksheet Prepared By: ....::::G"'a"'be,:.,,:::G"'o""rt"'on"----=~~~-------Date: 10/16/14 (Print Name) Subdivision Name: Liberty Gardens Comprehensive Plan Land Use Designation: -"U.,_,rb::::a::.:nc.cR.,,e::::s::oid"'e"'n'"tiae,l...:4_-1:,:2:..:D::cU::c/"-A"'C'------------- Zoning: -'-R:...-4.:..._ _______ _ If more than one Comprehensive Plan Land Use designation or zone classification exists for the property, show the boundary between the land uses or zones and the area within each on the preliminary plat map. If a single lot is divided by a zone boundary, transferring density across zones on that lot may be permitted subject to the provisions of King County Code (KCC) 21 A.12.200. PLEASE COMPLETE ONLY THE APPLICABLE PORTIONS OF THIS FORM I. Site Area (KCC 21A.06.1172) also see (KCC 21A.12.080): Site area (in square feet) is the TOTAL horizontal area of the project site. SubdivDensityDimensionCalcFORM lc-cal-subden.pdf S27 111/26/2012 Page 1 of 6 S27 Web date: 11126120!2 Calculation: 389,998 Gross horizontal area of the project site ---~~~~ 389,998 Site area in square feet ----===- NOTE: To continue calculations, convert site area in square feet to acres by dividing by 43,560 8.95 Site area in acres -------- NOTE: When calculating the site area for parcels in the RA Zone, if the site area should result in a fraction of an acre, the following shall apply: Fractions of .50 or above shall be rounded up to the next whole number and fractions below .50 shall be rounded down. Example: If the site area in acres is 19.5 acres (less the submerged land and less the area that is required to be dedicated on the perimeter of a project site for public right-of-way) the site area can be rounded up to 20 acres. No further rounding is allowed. (See KCC 21A.12.080) II. Base Density (KCC 21A.12.030 -.040 tables): The base density is determined by the zone designations(s) for the lot. 4 du/acre ----~- Ill. Allowable Dwelling Units and Rounding (KCC 21A.12.070): The base number of dwelling units is calculated by multiplying the site area by the base density in dwelling units per acre (from KCC 21A.12.030 -.040 tables). ----=8~.9cc5_ site area in acres (see Section 1.) X ______ 4~ base density (see Section II) = 36 allowable dwelling units Except as noted below. when calculations result in a fraction, the fraction is rounded to the nearest whole number as follows: A. Fractions of .50 or above shall be rounded up; and B. Fractions below .50 shall be rounded down. NOTE: For parcels in the RA Zone, no rounding is allowed when calculating the allowable number of dwelling units. For example, if the calculation of the number of dwelling units equaled 2. 75, the result would be 2 dwelling units. Rounding up to 3 is not allowed. (See KCC 21A.12.070(E).) IV. Required On-site Recreation Space (KCC 21A.14.180): This section must be completed only if the proposal is a residential development if more than four dwelling units in the UR and R zones, stand-alone townhouses in the NB zone on property designated Commercial Outside of Center if more than four units, or any mixed use development if more than four units. Recreation space must be computed by multiplying the recreation space requirement per unit type by the proposed number of such dwelling units (KCC 21A.14.180). Note: King County has the discretion to accept a fee in lieu of all or a portion of the required recreation space per KCC 21A.14.185. Apartments and town houses developed at a density greater than eight units per acre, and mixed use must provide recreational space as follows: ----proposed number of studio and one bedroom units ----proposed number of two bedroom units + 90 square feet X 170 square feet X 170 square feet X ----proposed number of three or more bedroom units + Recreation space requirement = SubdivDensityDimensionCalcFORM lc-cal-subden.pdf S27 111/26/2012 Page 2 of6 S27 Web date: 1112612012 Reqwred On-site Recreation Space Continued Residential subdivisions, townhouses and apartments developed at a density of eight units or less per acre must provide recreational space as follows: 390 square feet X 36 proposed number of units ------= 14,040 Mobile home parks shall provide recreational space as follows: 260 square feet X ------proposed number of units = V. Net Buildable Area (KCC 21A.06.797): This section is used for computing minimum density and must be completed only if the site is located in the R-4 through R-48 zones and designated Urban by the King County Comprehensive Plan. The net buildable area is the site area (see Section I) less the following areas: + + + _____ areas within a project site which are required to be dedicated for public rights-of-way in excess of sixty (60') of width 64,862 critical areas and their buffers, to the extent they are required by King County to remain undeveloped 37,764 areas required for above ground stormwater control facilities including, but not limited to, retention/detention ponds, biofiltration swales and setbacks from such ponds and swales 16,786 areas required by King County to be dedicated or reserved as on-site recreation areas. Deduct area within stormwater control facility if requesting recreation space credit as allowed by KCC 21A.14.180 (see Section IV) + + = _____ regional utility corridors, and _____ other areas, excluding setbacks, required by King County to remain undeveloped 119,412 Total reductions Calculation: 389,998 site area in square feet (see Section1) ----~-- = = 119,412 Total reductions 270,586 Net buildable area in square feet NOTE: convert site area is square feet to acres by dividing by 43,560 6.2 Net buildable area in acres ------ VI. Minimum Urban Residential Density (KCC 21A.12.060): The minimum density requirement applies only to the R-4 through R-48 zones. Minimum density is detenmined by multiplying the base density in dwelling units per acre (see Section II) by the net buildable area of the site in acres (see Section V) and then multiplying the resulting product by the minimum density percentage from the KCC 21A.12.030 table. The minimum density requirements may be phased or waived by King County in certain cases. (See KCC 21A.12.060.) Also, the minimum density requirement does not apply to properties zoned R-4 located within the rural town of Fall City. (See KCC 21A.12.030(B)12.) Calculation: ----~4-base density in du/ac (see Section II) X 6.2 Net buildable area in acres (see Section V) = ____ 2_4.~8-X minimum density% set forth in KCC 21A.12.030 or as adjusted in Section VII 21.08 minimum dwelling units required -----= SubdivDensityDimensionCalcFORM lc-cal-subden.pdf S27 11/26/2012 Page 3 of 6 S27 Web date: 11/26/2012 VII. Minimum Density Adjustments for Moderate Slopes (KCC 21A.12.087): Residential developments in the R-4, R-6 and R-8 zones may modify the minimum density factor in KCC 21A.12.030 based on the weighted average slope of the net buildable area of the site (see Section V). To determine the weighted average slope, a topographic survey is required to calculate the net buildable area(s) within each of the following slope increments and then multiplying the number of square feet in each slope increment by the median slope value of each slope increment as follows: _____ sq. ft 0-5% slope increment X 2.5% median slope value = + sq. ft 5-10% slope increment X 7 .5% median slope value = + ------ + _____ sq. ft 10-15% slope increment X 12.5% median slope value= + ------ + _____ sq. ft 15-20% slope increment X 17.5% median slope value= + ------ + _____ sq. ft 20-25% slope increment X 22.5% median slope value = + ------+ _____ sq. ft 25-30% slope increment X 27.5% median slope value= ______ + + _____ sq. ft 30-35% slope increment X 32.5% median slope value = + ------+ ------+ _____ sq. ft 35-40% slope increment X 37.5% median slope value = _____ Total square feet in net buildable area ______ Total square feet adjusted for slope Calculation: _____ total square feet adjusted for slope divided by total square feet in net buildable area = _____ weighted average slope of net buildable area = ______ % (Note: multiply by 100 to convert to percent -round up to nearest whole percent) Use the table below to determine the minimum density factor. This density is substituted for the minimum density factor in KCC 21A.12.030 table when calculating the minimum density as shown in Section VI of this worksheet. Weighted Average Slope of Net Minimum Density Factor Buildable Area(s) of Site: 0% --less than 5% 85% 5% --less than 15% 83%, less 1.5% each 1 % of average slope in excess of 5% 15% -less than 40% 66%, less 2.0% for each 1 % of average slope in excess of 15% EXAMPLE CALCULATION FOR MINIMUM DENSITY ADJUSTMENTS FOR MODERATE SLOPES: + + + + + + + = = 10,000 20,000 sq. ft 0-5% slope increment X 2.5% median slope value = sq. ft 5-10% slope increment X 7.5% median slope value= sq. ft 10-15% slope increment X 12.5% median slope value= sq. ft 15-20% slope increment X 17.5% median slope value = sq. ft 20-25% slope increment X 22.5% median slope value= sq. ft 25-30% slope increment X 27.5% median slope value= sq. ft 30-35% slope increment X 32.5% median slope value= sq. ft. 35-40% slope increment X 37.5 % median slope value = 30,000 ---"==-Total square feet in net buildable area 750 2,500 + + + + + + + --~3~,2=50~-Total square feet adjusted for slope 3,250 Total square feet adjusted for slope divided by 30,000 Total square feet in net buildable area .108333 Weighted average slope of net buildable area ----'1'-'1-''!.=-o (Note: multiply by 100 to convert to percent -round up to nearest whole percent) Using the table above, an 11 % weighted average slope of net buildable area falls within the 5% --less than 15% range which has a minimum density factor of 83%, less 1.5% for each 1 % of average slope in excess of 5%. Since 11 % is 6% above 5%, multiply 6 times 1.5 which would equal 9%. Subtract 9% from 83% for an adjusted minimum density factor of 74%. This replaces the minimum density factor in KCC 21A.12.030 table. SubdivDensityDimensionCalcFORM lc-cal-subden.pdf S27 11/26/2012 Page 4 of6 S27 Web date: 11/26/2012 VIII. Maximum Dwelling Units Allowed (KCC 21A.12.030 • .040): This section should be completed only if the proposal includes application of residential density incentives (KCC 21A.34) or transfer of density rights (KCC 21A.37). Maximum density is calculated by adding the bonus or transfer units authorized to the base units calculated in Section Ill of this worksheet. The maximum density permitted through residential density incentives is 150 percent of the base density (see Section II) of the underlying zoning of the development or 200 percent of the base density for proposals with 100 percent affordable units. The maximum density permitted through transfer of density rights is 150 percent of the base density (see Section II) of the underlying zoning of the development. _____ base density in dwelling units per acre see (Section II) X 150% = maximum density maximum density in dwelling units per acre X site area in acres= maximum dwelling units allowed utilizing density incentives (KCC 21A.34) base density in dwelling units per acre (see Section II) X 200% = maximum density -----maximum density in dwelling units per acre X site area in acres= maximum dwelling units allowed utilizing density incentives with 100 percent affordable units (KCC 21 A.34) _____ base density in dwelling units per acre (see Section II) X 150% = maximum density maximum density in dwelling units per acre X site area in acres= ----- maximum dwelling units allowed utilizing density transfers (KCC 21A.37) Calculation: + + ------base allowable dwelling units calculated in Section Ill ------bonus units authorized by KCC 21 A.34 ------transfer units authorized by KCC 21A.37 ------total dwelling units (cannot exceed maximum calculated above) IX. Minimum Lot Area For Construction (KCC 21A.12.100): Except as provided for non-conformances in KCC 21A.32: A. In the UR and R zones, no construction shall be permitted on a lot that contains an area of less than 2,500 square feet or that does not comply with the applicable minimum lot width, except for townhouse developments, zero-lot-line subdivisions, or lots created prior to February 2, 1995, in a recorded subdivision or short subdivision which complied with applicable laws, and; B. In the A, F, or RA Zones: 1. Construction shall not be permitted on a lot containing less than 5,000 square feet; and 2. Construction shall be limited to one dwelling unit and residential accessory uses for lots containing greater than 5,000 square feet, but less than 12,500 square feet. (KCC 21A.12.100) SubdivDensityDimensionCalcFORM lc-cal-subden.pdf S27 11/26/2012 Page 5of6 S27 Web date: 11/26/2012 X. Lot Width (KCC 21A.12.050(B)): Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot as shown below, provided than an access easement shall not be included within the circle. (See KCC 21 A.12.050). I I 30 Feet Lot Width Circle L-, ·-·-·-·-·-·-·-·-·-·-·-·-·-·-·- Lot Width Measurement Check out the Permitting Web site at www.kinqcounty.gov/permits SubdivDensityDimensionCalcFORM lc-cal-subden.pdf S27 11/26/2012 Page 6 of6 Schedule A Order No.: 2330876 Name of Assured: DR Horton Company Date of Guarantee: October 02, 2014 GUARANTEE NUMBER 2330876 Liability: $1,000.00 The assurances referred to on the face page hereof are: 1. 1itle is vested in: SSH! LLC, a Delaware limited liability company, dba D R Horton Fee: $350.00 Tax: $33.25 2. That, according to the public records relative to the land described in Schedule C attached hereto (including those records maintained and indexed by name), there are no other documents affecting title to said land or any portion thereof, other than those shown under Record Matters in Schedule B. 3. The following matters are excluded from the coverage of this Guarantee A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. B. Water rights, claims or titie to water. C. Tax Deeds to the State of Washington. D. Documents pertaining to mineral estates. 4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein. 5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. 6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment, guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. Form 5003353 (7-1-14) Page 6 of9 Guarantee Number: 2330876 r . I_,., f j ( I CL TA # 14 Subdivision Guarantee ( 4-10-75) Washington ----Subdivision Guara. ___ e ~ First American ,,.,, ISSUED BY Schedule B First American Title Insurance Company GUARANTEE NUMBER 2330876 RECORD MAlTERS 1. General Taxes for the year 2014. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 145750014501 1st Half Amount Billed: $ 4,517.52 Amount Paid: $ 4,517.52 Amount Due: $ 0.00 Assessed Land Value: $ 669,000.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 4,517.52 Amount Paid: $ 0.00 Amount Due: $ 4,517.52 Assessed Land Value: $ 669,000.00 Assessed Improvement Value: $ 0.00 Affects Tract 5 2. General Taxes for the year 2014. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 145750015003 1st Half Amount Billed: $ 4,517.52 Amount Pa id: $ 4,517.52 Amount Due: $ 0.00 Assessed Land Value: $ 669,000.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 4,517.52 Amount Paid: $ 0.00 Amount Due: $ 4,517.52 Assessed Land Value: $ 669,000.00 Assessed Improvement Value: $ 0.00 Affects Tract 6 3. Taxes which may be assessed and extended on any subsequent roll for the tax year 2014, with respect to new improvements and the first occupancy which may be included on the regular assessment roll and which are an accruing lien not yet due or payable. iForm5003353(7-1-14) Page7of9 uarantee Number: 2330876 CLTA # 14 Subdivision Guarantee { 4-10-75) Washington .. 4. Any and all offers of dedication, conditions, restrictions, easements, boundary discrepancies or encroachments, notes and/or provisions shown or disclosed by Short Plat or Plat of Cedar Park Five Acre Tracts recorded in Volume 15 of Plats, Page(s) 91. 5. The terms and provisions contained in the document entitled "City of Renton, Washington Ordinance No. 5465" Recorded: Recording No.: November 05, 2009 20091105000541 6. Reservations and exceptions, including the terms and conditions thereof: Reserving: Minerals Reserved By: DRH, Energy, Inc., a Colorado corporation Recorded: February 14, 2013 Recording Information: 20130214001080 We note no examination has been made regarding the transfer or taxation of the reserved rights. Informational Notes, if any !Form 5003353 (7-1-14) Page 8 of 9 Guarantee Number: 2330876 CLTA #14 Subdivision Guarantee (4-10-75) Washington .. ~~~ First American Subdivision Guarantee ISSUED BY Schedule C First American Title Insurance Company GUARANTEE NUMBER 2330876 The land in the County of King, State of Washington, described as follows: TRACTS 5 AND 6, BLOCK 4, CEDAR PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 91, RECORDS OF KING COUNTY, WASHINGTON. Form 50033S3 (7-1-14) Page 9 of9 Guarantee Number: 2330876 CLTA #14 Subdivision Guarantee (4-10-75) Washington ' •• Full Screen Image Vie"'"f Page l of 1 ! ! .. , __ ,._ / -1-f,-' (_I, ,_,,. < I •• , . i . /""''·~- ·1 r. ,C. ·-· ·,••~ •• f t -'''' ... 't-2 ·i Page: 1 C, ' https://fastfirstam.net/smsfast/imaging_ WB/pub/pages/preview .html?isSingle= !&Re... 09-10-2014 ., 20091105000541.001 llll 11~11111111111111 Return Address: City Clerk's Office City of Renton I 055 South Grady Way Renton, WA 98057 20091105000541 C ITV OF RENTON ORD 76 . H PAGE-NU OF 815 11/r.l/2119 10:24 KING COUNrY, YA Plca,c prin1 or ''l"' ;nronna1;on WASHINGTON ST A TE RECORDER'S Cover Sheet (RCW 65 04) . Document Title(s) (or 1.nlnsactions contained therein): (all areas applicable to your document must be filled in) I. Ordinance #5465 2. 3. 4. Reference Number(•) ofDocumeats assigned or released: Additional reference #'son page_ of d04;:urnent Grantor(s) (Last name first name, initials) I. Ci~ of Renton ' 2. ' Additional names on page _ of document. Grantee(•) (L1151 name firs~ then frrst name and initials) I. ' 2. ' Additional names on page _ of document. Legal description (abbreviated: i.e. lot block, plat or section, township, range) These p<>rtions of Sections 13. 14, 15, 22, 23, & 24, all in Township 23 north. Range 5 East, W.M., and Sections 18 & 19, both in Township 23 North, Range 6 East, W.M .. all in King County, Washington, more pankularly described as follows ... Additional (egaJ is on paae 3 of docwnent. Assessor's Property TH Parcel Account Number CJ Assessor Tax # not yet assigned 142305911901 and others The Auditor/Recorder will rely on the information provided on the form. The staff will not read the documen1 to verifv the accuracv or completeness of the indexin2 information orovided herein . . . I am requestmg an emergency nonstandard recordmg for an add1t1onal fee as provided m RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some pare of the text on the original document. ______________________ Signature of Requesting Party Description: King,WA Document -Year.Month.Day.DocID 2009.1105.541 Page: 1 of 15 Order: 4 Comment: 11 CITY OF RENTON, WASHINGTON ORDINANCE NO. 5465 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE FOR PROPERTIES ADJACENT TO AND/OR BENEFITTING FROM THE CENTRAL PLATEAU INTERCEPTOR PHASE II AND ESTABLISHING THE AMOUNT OF THE CHARGE lJrON CONNECTION TO THE FACILITIES. Tl IE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. There is hereby created a Sanitary Sewer Service Special Assessment District for the area serv~d by the Centra] Plateau Interceptor Phase JI project in the northeasl 4uadranl or the City of Renton and within King County, which area is more parti1.:ularly <lcscrih~U in Exhibit ·'A .. attached hereto. A map of the service area is illti..u,:hed as Exhibil "If'. !"he-rl..'cording of this documen1 is to provide notification ()f potential connection and inlcri..•st t:harg!.!s. While this i.::onnection charge may be paid at any time. the City does not require p:1yment un1il such time a~ the parcel is connected to and, thus, benefiting from the sewer facilities. The property may be sold or in any other way change hands without triggering the requirement, by lhe City, ofpaymenl of the charges associated with this district. SECTION II. Persons connecting to the sanitary sewer facilities in lhis Special Assessment Disuicl, and which properties have not been charged or assessed with all costs of the Central Plateau Interceptor Phase II as detailed in this ordinance, shall pay, in addition lo 1he payml!nl of the connection permit fee and in addition to the system development charge, the following additional fees: CERTIFICATE I. the undersigned City Clerk of the City of Renton, Washington, cenify 20091105000541. ,,,-,. that this is a true and correct copy of Ouhoenc, N•· ;;.-1,{. Subscribed and sealed this~~st , 2oaJ.. &:r,...,.:,J City Clerk Description: King,WA Document -Year . .Month.Day.DocID 2009.1105.541 Page: 2 of 15 Order: 4 COJ11ment: 11 A. 20091105000541 • -:· • ORDINANCE NO. 5465 Per Unit Area Charge. New co!Ulections of residential dwelling units or equivalents shall pay a fee of $351.95 per dwelling unit. Those properties included within this Special Assessment District and which may be assessed a charge thereunder are included within the boundary legally described in Exhibit "A" and which boundary is shown on the map attached as Exhibit "B". B. Per Unit Frontage Charge. There is hereby created a sub-district within the Central Plateau Interceptor Phase II Special Assessment District consisting of properties fronting on the sewer. New connections of residential units or equivalents shall pay a fee of $5.8 l 0.34 per dwelling unit. The properties to be assessed for the per unit frontage charge arc described in Exhibit '·A" attached hereto. A map identifying the properties within the sub-district is attached as Exhibit "B". The properties located within this sub- district are subject to both charges (Area and Frontage). SECTION Ill. In addition to the aforestaled charges, there shall be a charge of 5.30% per annum added to the Special Assessment District charge. The interest charge shall accrue for no more than ten ( 10) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. SECTION IV. This ordinance is effective upon its passage, approval and thirty (30) days after publication. 2 Description: King,WA Document -Year.Month.Day.DocID 2009.1105.541 Page: 3 of 15 Order: 4 Comment: 11 ORDINANCE NO. 5465 PASSED BY THE CITY COUNCIL this .fil.h day of_J_u_l~y ____ , 2009. ~,J.t,J~ Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 6th day of_~J~u=l~Y-----' 2009. Denis Law, Mayor Approved as to form: Qf; .. ·~· ... ~t= • ... Lawrence J. Warren, City Attorney Dale of Publication: 7/10/2009 (summary) ORD.1553 :5/21/09:scr 3 Description: King,WA Document -Year.Month,Day.DocID 2009.1105.541 Page: 4 oE 15 Order: 4 Comment: 11 20091105000541.:: LEGAL DESCRIPTION: ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR SPECIAL ASSESSMENT DISTRICT AREA ASSESSMENT BOUNDARY 20091105000641 ·::c_,~ Those portions of Sections 13, 14, 15, 22, 23 & 24, all in Township 23 North, Range 5 East, W.M., and Sections 18 and 19, both in Township 23 North, Range 6 East, W. M., all in King County, Washington, more particularly described as follows: Beginning at the intersection of the southerly right of way margin of SE 128 1h St (NE 41h Street) and the easterly line of the existing City of Renton Limits as annexed under Ordinance No. 5064, in the Northwest quarter of said Section 14; Thence easterly along said southerly right of way margin, crossing 155"' Ave SE and 156"' Ave SE, to the east line of the Northwest quarter of said Section 14; Thence continuing easterly along the courses of said southerly right of way margin, crossing 1601 h Ave E and the west halfof 164'" Ave SE, to the section line common to said Sections 13 and 14; Thence continuing easterly along the courses of said southerly right of way, crossing the east half of 164'h Ave SE and 169 1h Ave SE, to an intersection with the east line of the West quarter of the Northeast quarter of the Northwest quarter of said Section 13; Thence southerly along said east line and the Urban Growth Boundary (UBG) line, to an intersection with the north line of the Southeast quarter of the Northeast quarter of said Section l3; Thence easterly along said north line and said UBG line, to the west line of the East quarter of said subdivision; Thence southerly along said west line and said UBG line, to the Northwest corner of Lot I of King County Short Plat S90S0040, as recorded in Book IOI of Surveys, Page 236, records of King County, Washington; Thence easterly along the North line of said Lot l and said UGB line, to the Northeast corner of said Lot l, said Northeast comer also being on the west line of the Northeast quarter of said Section 13; Thence easterly along said UGB, crossing 172nd Ave SE, to the intersection of the easterly right of way margin of I 72"d Ave SE and the southerly right of way margin of SE l 32"d St.; EXHIBIT A-CENTRAL PLATEAU INTERCEPTOR SAO, AREA ASSESSMENT Description: King1WA Document -Year.Month.Day.DocID 2009.1105.541 Page: 5 of 15 Order: 4 Comment: 11 PAGE 1 OF6 200911 05000541 . · ··:··: ORDINANCE NO. 5465 Thence continuing easterly along the southerly right of way margin of SE 132°• St and said 11GB line, crossing 173'' Ave SE, 175th Ave SE, 178th Ave SE and the west halfof 180'" Ave SE, to an intersection with the east line of said subdivision, said east line also being the west line of the Southwest quarter of the Northwest quar1er of said Section 18; Thence continuing easterly along said southerly right of way margin of SE 132°• St and said UGB line, crossing the east half of 180th Ave SE, 181" Ave SE and l 82"d Ave SE, to an intersection with the westerly right of way margin of 182"' Ave SE; Thence southerly along said westerly right of way margin of 182"' Ave SE and said UGB line, to an intersection with the westerly extension of the northerly right of way margin of SE 134'" St; Thence easterly along said westerly extension and the northerly right of way margin of SE 13411, St and said UGB line, crossing 182nd Ave SE, to an intersection with the westerly right of way margin of 184'' Ave SE in the Northwest quarter of said Section 18; Thence southerly along said westerly right of way ma'J:lin of 184"' Ave SE and its southerly extension and leaving said IJGB line, crossing SE 134 St, SE 135'' SI, SE 136'' St and SE 140 111 St, lo an intersection with the north line of Tract 23, Renton Suburban Tracts Division No. 4. recorded in Volume 61 of Plats, pages 74-76, said records, in Government Lot 4 of said Section 18; Thence easterly and southerly along said north line and the east line of said Tract, to an intersection with the northeast corner of Renton-Suburban Tracts Division No. 8, recorded in Volume 69 of Plats, pages 74-76, said records, in said Government Loi 4 of said Section 19, said northeast corner also being on said UGB line; Thence southerly along the cast line of said Plat and said UGH line, to the Southeast corner of said Plat at the southeast corner of Government Lot I in said Section 19; Thence westerly along the courses of the south boundary of said plat and said UGB tine, lo an inlcrscclion with the south line of Renton-Suburban Tracts Div. No. 6, recorded in Volume 66 of Plats, pages 3]-35, said records, in the Northeast quarter of said Section 24; Thence wester! y along the south line of said Plat and said UGB line, to the most Southwest corner of said Plat, said Southwest corner also being the Northeast corner of Government Lot 5 of said Section 24; Thence southerly along the east line of said Government Lot 5 and said UGB line, to the northeast corner of Lot 31 of Renton-Suburban Tracts Div. No.7, recorded in Volume 69 of Plats, pages 39-41, said records; Thence southwesterly and northwesterly along the south boundary of said plat and said UGB line, to an intersection with the east line of Government Lot IO of said Section 24, said east line also being the east line of Tract A of Briarwood South No. 6, recorded in Volume 97 of Plats, pages 68 and 69, said records; EXHIBIT A-CENTRAL PLATEAU INTERCEPTOR SAD, AREA ASSESSMENT PAGE 2 OF 6 Description: King,WA Document -Year.Manth.Day.DocID 2009.1105.541 Page: 6 of 15 Order: 4 COJZDDent: 11 20091105000541.uu, ORDINANCE NO. 5465 Thence norther! y along said east line of said Government Lot IO and said Tract A and said UGB line, to the Northeast comer of said Tract A; Thence westerly along the courses of the north boundary of said Tract A, and said UGB line, to the Northwest corner of said Tract A, said Northwest corner also being a point on the east line of the Northeast quarter of said Section 23; Thence northerly along said east line and said UGB line, to the northeast corner of Tract C of Skyfire Ridge Div. No. I, recorded in Volume 141 of Plats, pages 93-99, said records; Thence westerly along the courses of the north boundary of said Tract C and said UGB line, to the Northwest corner of said Tract C, said Northwest corner also being a point on the east line of the Southwest quarter of the Northeast quarter of said Section 23; Thence nortl1erly along said east line and said UGB line, to the Northeast corner of said ~ubdivision; Thence westerly along the north line of said subdivision and said UGB line, to the Northwest corner of said subdivision, said Northwest corner also being the Northeast comer of Government Lot 7 of said Section 23; Thence continuing westerly along the north line of said Government Lot 7, to the Northwest corner thereof, said Northwest comer also being the Southwest corner of the Northeast quarter of the Northwest qunrter of said Section 23; Thence northerly along the west line of said subdivision, to the Southeast corner of Lot 9, Briar Hills No. 3, recorded in Volume 107 of Plats, page 36, said records, said west line also being the east line of the Northwest quarter of the Northwest quarter of said Section 23; Thence westerly along the south line of said Plat, to the Southwest comer thereof; Thence northerly along the west line of said Plat, to an intersection with the Southeast corner of Briar Ridge, recorded in Volume 113 of Plats, pages 60 and 61, said records; Thence westerly along the south line of said Plat, to the Southwest comer thereof, iu Government Lot I of said Section 22, said Southwest corner also being a point on the west line of the Ea~t half of the East half of said Goverrunent Lot 1; Thence southerly along said east line, to the northerly bank of the Cedar River; Thence westerly along said northerly bank, to an intersection with the east line of Tract A, Cedar River Bluff, recorded in Volume 172 of Plats, pages 53-56, said records; Thence northerly along said east line, to the Northeast corner of said Tract A; EXHIBIT A-CENTRAL PLATEAU INTERCEPTOR SAD, AREA ASSESSMENT Description: King~WA Document -Year.Month.Day.DocID 2009.1105.S41 Page: 7 of 15 Order: 4 comment: 11 PAGE3DF6 ORDINANCE NO, 5465 Thence westerly along the north line of said Tract A, to an intersection with the east line of Maplewood Heights, recorded in Volume 78 of Plats, pages l-4, said records; Thence southerly along said east line, to the Southeast corner thereof; 20091105000541 Thence westerly along the south line of said plat, to the Southwest corner thereof, said corner also being a point on the east line of Government Lot 6 of Section 22; Thence South Ol 008'21" West, along said east line, to a point 641.73 feet southerly of the Northeast corner of said Government Lot 6; Thence North 55°51 '39" West, a distance ofJ9l.8I feet; Thence North 26°45 '23" West, a distance of 494.29 feet, to a point on the north line of said Government Lot 6, said point also being on the south line of the Southwest quarter of Section 15; Thence westerly along said south line, and along the existing City Limits of Renton, as annexed under Ordinance No. 3945, to the Southeast comer of the Southwest quarter of the Southwest quarter of the Southwest quarter of said Section 15; Thence northerly along the east line of said subdivision and said City Limits, to the Northwest corner of Lot 2 I, Block I of said Maplewood Heights in said Southwest quarter of Section 15; Thence northeasterly along the north line of said Block l of said Plat, to an intersection with the "csl line of Lot I 0, East Crest, recorded in Volume 87 of Plats. page 49, said records, in said Southwest quarter; Thence northerly along said west line, to the Northwest corner thereof, said Northwest corner also being a point on the south line ofTract A, Hideaway Home Sites, recorded in Volume 81 of Plats. pages 88 and 89, said records; Thence westerly along the south line of said Tract A, to the Southwest corner thereof; Thence norther! y along the west line of said Tract A and the northerly extension of said west line, and along the existing City Limits of Renton, as annexed under Ordinance No. 3143, to the south line of the Northwest quarter of Section 22; Thence westerly along said south line and along said existing City Limits and along the south line of Lot 14, Goe's Place, recorded in Volume 85 of Plats, pages 12 and 13, said records, to the Southwest corner of said Lot 14; Thence northerly along the west line of said Lot 14, to the Northwest comer thereof; Thence easterly along the north line of said Lot 14, to the Northeast corner thereof; EXHIBIT A-CENTRAL PLATEAU INTERCEPTOR SAD, AREA ASSESSMENT Description: King,WA Document -Year.Month.Day,DocID 2009.1105.541 Page: 8 0£ 15 Order: 4 comment: 11 PAGE 4 OF 6 ORDINANCE NO. 5465 Thence northerly along the east line of Lot 13 of said Plat and its northerly extension, to an intersection with the westerly extension of the north line of the South half of the Southeast quarter of the Southeast quarter of the Northwest quarter of said Section 15; 20091105000541 Thence easterly along said westerly extension and said north line and along the existing City limits of Renton, as annexed under Ordinance No. 5074, crossing Duvall Ave NE, to its intersection with the west line of the Northwest quarter of said Section 15; Thence northerly along said west line crossing NE 2•• St, to the most westerly southwest corner of Alder Crossing, recorded in Volume 251 of Plats, pages 37 -42, said records; Thence westerly along the south line of said plat, to the southeast comer thereof; Thence northerly along the east line of said Plat, to its intersection with the north line of the south halfof the north half of the north half of the north halfof said Section 15; Thence easterly along said north line of said subdivision crossing Hoquiam Ave NE and Jericho Ave NE, to the easterly right of way margin thereof; Thence southerly along said westerly right of way margin, to the Southwest comer of Tract 2, Black Loam Five Acre Tracts, recorded in Volume 12 of Plats, page 101, said records; Thence continuing easterly along said existing City Limits and the south line of said Tract 2, to the east line uf the west half of said Tract 2; Thence northerly along said east line, to the south line of the north 150 feet thereof; Thence easterly along said south line, to the east line of the of the West half of the West half of the Fast half of said Tract 2; Thence northerly along said east line, a distance of 8 feet; Thence easterly along the south line of the north 142 fee thereof, to the east line of the west half of the east half of said Tract 2; Thence southerly along said east line, to the south line of the Northeast quarter of said East half of said Tract 2; Thence easterly along said south line, to the westerly right of way margin of Lyons Ave NE; Thence continuing easterly along the easterly extension of said south line, crossing Lyons Ave NE, to the easterly right of way margin thereof; Thence northerly along said easterly right of way margin, to the southerly right of way margin of NE 4" St. ExHIBIT A-CENTRAL PLATEAU INTERCEPTOR SAD, AREA ASSESSMENT Description: K1ng,WA Document -Year.Month.Day.DocID 2009.1105.541 Page: 9 of 15 Order: 4 comment: 11 PAGE 50f6 20091105000541.::: ORDINANCE NO. 5465 Thence easterly along said southerly right of way margin, to the intersection with the easterly line of the existing City of Renton Limits as annexed under Ordinance No. 5064, in the Northwest quarter of said Section 14 and the point of beginning. EXHIBIT A -CENTRAL PLATEAU INTERCEPTOR SAD, AREA ASSESSMEITT Description: King,WA Document -Year.Month.Day.DocID 2009.1105.541 Page: 10 of 15 Order: 4 Comment: 11 PAGE60F 6 ORDINANCE NO. 5465 EXHIBIT A CENTRALPLATEAUINTERCEPTOR FRONT AGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRICT AREA "A" LEGAL DESCRIPTION: 200911 osooo641.u; Lot I and Tract 8, Carolwood, recorded in Volume 111 of Plats, pages 99-100, records of King County, Washington; TOGETHER WITH Lot 11, Carolwood No. 2, recorded in Volume 114, page 74, said records; and TOO ETHER WITH that portion of the Southwest quarter of the Southea~t quarter of Section 14, Township 23 North, Range 5 East, W.M., King County, Washington; and TOGETHER WITH the West 150 feet of the East 180 feet of the North 165 feet of the South half of said Southwest quarter of the Southeast quarter of Section 14; and TOGETHER WITH the West 160 feet of the east 190 feet of the South 132 feet of the Northeast quarter of the Southwest quarter of the Southeast quarter of said Section 14; and TOGETHER WITH the East 165 feet of the West 330 feet of said subdivision, EXCEPT the North 264 foct thereof, and EXCEPT the South 132 feet thereof; TOGETHER WITH the South 20 feet of the North 284 feet of said subdivision, EXCEPT the West 330 feet thereof; and TOGETHER WITH the Nor1h 120 feet of the South 252 feet of the East half of said subdivision, EXCEPT the West 150 feet thereof; and TOGETHER WITH lhe East half of said subdivision, EXCEPT the Norlh 284 feet thereof and EXC:El'T the South 252 feet thereof; and TOGETHER WITH the East 230 feet of the South 132 feet of the North 264 feet of the Southwest quarter of the Southeast quarter of said Section 14; and TOGETHER WITH the West 165 feet of the East !95 feet of the North 132 feet of the Northeast quarter of the Southwest quarter of the Southeast quarter of said Section 14; and TOGETHER WITH Lot 2 of King County Short Plat No. 481066, as recorded under King County Recording No. 8109100503, located in the Southwest quarter of the Southeast quarter of said Section 14; LESS Roads. Exhibit A -Central Plateau Interceptor SAD, Frontage -Area A Description: King~WA Document -Year.Month.Day.DocID 2009.1105.541 Page: 11 of 15 Order: 4 comment: 11 Page 1 of 1 ORDINANCg NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR FRONT AGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRICT AREA "B" LEGAL DESCRIPTION: 20091105000541.ii ; ; Lots I, 2, 3 and the 20 feet wide undivided interest parcel lying between said Lot I and Lot 2, of King County Short Plat No. 576015, recorded under King County Recording No. 7905170580, records of King County, Washington; TOGETHER WITH Lots I and 2, King County Short Plat No. 677116, recorded under I< ing County Recording No. 7905170582; and TOGETHER WITH Tract A and Tract B of King County Short Plat No. 675021, recorded under King County Recording No. 7602040384; and TOGETHER WITH Tracts 4, 5, 6 and the West 150 feet of the North 80 feet of Tract 7, all in Block 3, Cedar Park Five Acre Tracts, recorded in Volwne 15 of Plats, page 91. records_ofKing County, Washington. A I l situate in the Southeast quarter of Section 14 and the North half of Section 23, both in Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. Exhibtt A -Central Plateau Interceptor SAD, Frontage -Area B Description: King1 HA Document -Year.Month#Day.DocID 2009.1105.541 Page: 12 of 15 Order: 4 Comment: 11 Page 1 of 1 ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR FRONTAGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRICT AREA "C" LEGAL DESCRIPTION: 20os11osoo0541.,:,, · Lots I through 8 and Lot 17, Ridge Point Estates, recorded in Volume 165, pages 64-65, records of King County, Washington; TOGETI IER WITH that portion of the Northeast quarter of the Northwest quarter of Section 23, Township 23 North, Range 5 North, W.M., King County, Washington, lying easterly and southerly of said plat of Ridge Point Estates and westerly of the westerly right of way margin of 154'" PL SE (W.J. Ortun Rd); and TOGETHER Will I the North ! 33 .feet of the East 120 feet of said Northeast quarter of the Nnrthwcst quarter; and TOG ET I IER WITH that portion of the North half of the Northeast quarter of the Northeast quarter ur the Northwest quarter, lying easterly and southerly of Linda I Jomes, recorded in Volume 74. page 6, said records; and TOOETI IER WITH that portion of the South half of said Northeast quarter of the Northeast quarter of the Northwest quarter, and the south half of the Northwest quarter of the Northwest quarter of the Northeast quarter, both in said Section 23. lying westerly of the westerly right of way margin of l SG'" Ave SE (Co. Rd. I 049, August E. Gerber Rd.) and easterly of the northeasterly right of way margin of 154'h PL SE (W.J. Orton Rd.); LESS Roads. Exhibit A -Central Plateau Interceptor SAD, Frontage· Area C Page 1 of 1 Description: King,WA Document -Year.Month.Day.DocID 2009.1105.S41 Page: 13 of 15 Order: 4 comment: 11 ORDINANCE NO. 5465 EXHlBIT A CENTRAL PLATEAU INTERCEPTOR FRONTAGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRICT AREA "D" LEGAL DESCRIPTION: 20091105000541.:: Lots I and 50, Briarwood West, recorded in Volume 93 of Plats, pages 91-92, records of King County, Washington; TOGETHER WITH Lots I and 16, Marywood, recorded in Volume 90 of Plats, page 32, said records; and TOGETHER WITH the South 165 feet of the North 195 feet of the East half of the Northeast quarter of the Northwest quarter of the Northeast quarter of said Section 23; LESS the East 30 feet thereof; and TOGETHER WITH the west 150 feet of said East halfofsaid subdivision, lying northerly of the South 365 feet thereof and southerly of the North 195 feet thereof; and TOGETHER WITH that portion of the West half of the Northwest quarter of the Northwest quarter of the Northeast quarter of Section 23, Township 23 North, Range 5 East, W.M., King County, Washington, lying northerly oflhe north line of Lot I of King County Short Plat No. 1286002. as recorded under King County Recording No. 8708140726; and TOGETHER WITH Lot I and Lot 2 of King County Short Plat No. 1286002, as recorded under King County Recording No. 8708140726, said Lot 2 being later amended by Lot Line Adjustment No. 890718, as recorded under King County Recording No. 90 I 0241356, said lots being a portion of the Northwest quarter of the Northeast quarter of said Section 23; LESS Roads. Exhibit A -Central Plateau Interceptor SAD, Frontage -Area D Description: King,WA Document -Year.Month,Day.DocID 2009.1105.541 Page: 14 of 15 Order: 4 Comment: 11 Page 1 of 1 Description: Kin Order· 4 g' WA Document · Comment: 11 -Year.Month D . ay.DocID 2009.1105 541 P . age: 15 of 15 ' -• After recording return to: DRH Energy lnc. 30 I Commerce Street, Suite 500 Fon Wonh, Texas 76102 Attn: Ted Harbour DOCUMENT TITLE REFERENCE NO. OF DOCUMENTS ASSIGNED/ RELEASED GRANTOR GRANTEE LEGAL DESCRIPTION ASSESSOR'S PARCEL NOS. E2589181 92/14/2813 11:59 KING OOUNTY, 11<1 S~EX $10.00 s0.ee 8•:n·0 ain & Sale Mineral Deed N/A PAG.E-001 OF 00! SSHI LLC. a Delaware Limiled Liabil]t;; Com"anv, dba DR Honon DRH Enerev, Inc., a Colorado corooration Tracts 5 and 6, Block 4, Cedar Park five Acre Tracts, According 10 the plat thereof recorded in Volume 15 of Plats Page 91, Records of King County, Washington, Situated in County of King, State of Washington. King County Parcel Nos. 14575500145 and 1457500150 BARGAIN AND SALE MINERAL DEED The Grantor, SSH! LLC, a Washington limited liability company, dba DR Honon, for and in consideration of zero Dollars ($0) pur.;uant to WAC 458-61A-211(2)(c), bargains, sells and conveys to DRH ENERGY, INC., a Colorado corporation, the following described real estate: A. Any and all (i) oil rights, (ii) mineral rights, (iii) natural gas rights, (iv) rights to all other hydrocarbons by whatsoever name known, (v) geothermal heat rights or rights in geothermal substances that may be produced from the Propeny, (vi) water rights and claims or rights to water and (vii) all products derived from any of the foregoing (collectively, "Subsurface Resources") located in or under that certain real property situated in the County of King, State of Washington described in Exhibit u A" attached hereto and incorporated herein (the "Property"), to the extent such Subsurface Resources have not been previously reserved or conveyed;and B. The perpetual right to drill, mine, explore and operate for and produce, store and remove any of the Subsurface Resources on or from the Propeny by any means whatsoever, including without limitation the right to whipstock or directionally drill and mine, from lands other than the Property, wells, tunnels and shafts into, through or across the subsurface of the Property, and to bottom such whipstocked or di~tionally drilled wells, tunnels and shafts within Description: King1WA Document -Year.Month.Day.DocID 2013.214.1080 Page: 1 of 3 Order: 4 Comment: 11 ' . • or beyond the exterior limits of the Property, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines, but excepting the right to drill, mine, explore, operate, produce, store or remove any of the Subsurface Resources through or in the surface of the Property or the upper five hundred (500) feet of the subsurface of the Property. IN WITNESS WHEREOF, said Grantor has caused its name to be affixed hereto and this instrument to be executed by its officers thereunto duly authorized. ath Dated this o day of February, 2013. STATE OF WASHINGTON ) )ss COUNTY OF King ) GRANTOR: SSH! LLC, a Delaware limited liability company dba DR Horton By: SHLR of Washington, Inc. a Washington J certify that I know or have satisfactory evidence that J. Matt Farris is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath slated that he/she was authorized to execute the instrument and acknowledged it as the Division President of SH LR of Washington Inc., the comoration which is the manager of SSHI LLC, a Delaware limited liability compan , to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: tt~~l2. tary Pub · ·n d for the state of Washington Residing at: \,1,&t"I'\ u nx:rl j WA "'~ My appointment expires: Q-1 -1,o)\ C Description: King,WA Document -Year.Month.Day.DocID 2013.214.1080 Page: 2 0£ 3 Order: 4 Comment: 11 , ' . ' EXHIBIT"An PROPERTY DESCRIPTION Tracts 5 and 6, Block 4, Cedar Park Five Acre Tracts, According to the plat thereof recorded in Volume 15 of Plats Page 91, Records of King County, Washington, Situated in County of King, State of Washington. King County Parcel Nos. 14575500145 and 1457500150 Description: King1WA Document -Year.Month.Day.DocID 2013.214.1080 Page: 3 of 3 Order: 4 Comment: 11 LIBERTY GARDENS 1 Parcel Name: BOUNDARY Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,801.934' East:1,321,200.540' Segment# 1: Line Course: S88°20'32"E Length: 593.79' North: 176,784.755' East: 1,321,794.082' Segment# 2: Line Course: S0°20'38"W Length: 656.35' North: 176,128.417' East: 1,321,790.142' Segment# 3: Line Course: N88°29'33"W Length: 594.04' North: 176,144.045' East: 1,321,196.308' Segment# 4: Line Course: N0°22'08"E Length: 657.91' North: 176,801.942' East: 1,321,200.544' Perimeter: 2,502.09' Area: 390,189 SQ. FT." Error Closure: 0.009 Course: N23°46'19"E Error North : 0.0079 East: 0.0035 "Precision I: 278,0 I 0.00" PROJ 14-076 ,.:,. ' ,-. ---~ ::· ' I:· ' ' ....... LIBERTY GARDENS 2 Parcel Name: LOT 01 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,801.934' East:1,321,200.540' Segment# 1: Line Course: S88°20'32"E Length: 62.37' North: 176,800.129' East: 1,321,262.884' Segment# 2: Line Course: S0°23'36"W Length: 100.29' North: 176,699.842' East: 1,321,262.196' Segment# 3: Line Course: N88°18'37"W Length: 37.90' North: 176,700.959' East: 1,321,224.312' Segment# 4: Curve Length: 38.69' Radius: 25.00' Delta: 88°40'45" Tangent: 24.43' Chord: 34.95' Course: N43°58'15"W Course In: NI 0 41'23"E RP North: 176,725.948' End North: 176,726.109' Course Out: N89°37'52"W East: 1,321,225.049' East: 1,321,200.050' Segment# 5: Line Course: N0°22'08"E Length: 75.83' North: 176,801.938' East: 1,321,200.538' Perimeter: 315.09' Area: 6,124 SQ. FT." Error Closure: 0.005 Course: N28°16'04"W Error North: 0.0041 East: -0.0022 "Precision 1: 63,016.00" PROJ. 14-076 3 LIBERTY GARDENS Parcel Name: LOT 02 Process segment order counterclockwise: False Enable mapcheck across chord: False North:176,800.129' East:1,321,262.889' Segment# l: Line Course: S88°20'32"E Length: 50.0 l' North: 176,798.682' East: 1,321,312.878' Segment# 2: Line Course: S0°23'36"W Length: 100.32' North: 176,698.365' East: 1,321,312.189' Segment# 3: Line Course: N88°I8'37"W Length: SO.OJ' North: 176,699.839' East: 1,321,262.201' Segment# 4: Line Course: N0°23'36"E Length: 100.29' North: 176,800.127' East: 1,321,262.889' Perimeter: 300.64' Area: 5,015 SQ. FT." Error Closure: 0.002 Course: S l 5°57'02"E Error North: -0.0021 East: 0.0006 "Precision 1: 150,315.00" PROJ. 14-076 LIBERTY GARDENS 4 Parcel Name: LOT 03 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,798.682' East: 1,321,312.880' Segment# I: Line Course: S88°20'32"E Length: 50.01' North: 176,797.236' East: 1,321,362.869' Segment# 2: Line Course: S0°23'36"W Length: 100.35' North: 176,696.888' East: 1,321,362.180' Segment# 3: Line Course: N88°18'37"W Length: 50.01' North: 176,698.363' East: 1,321,312.192' Segment# 4: Line Course: N0°23'36"E Length: 100.32' North: 176,798.680' East: 1,321,312.881' Perimeter: 300.69' Area: 5,017 SQ. FT." Error Closure: 0.002 Course: S 15°57'02"E Error North: -0.0021 East: 0.0006 "Precision I: 150,345.00" PROJ. 14-076 LIBERTY GARDENS 5 Parcel Name: LOT 04 Process segment order com1terclockwise: False Enable mapcheck across chord: False North: 176,797.236' East: 1,321,362.87 J' Segment# 1: Line Course: S88°20'32"E Length: 50.01' North: 176,795.789' East: 1,321,412.860' Segment# 2: Line Course: S0°23'36"W Length: 100.38' North: 176,695.411' East: 1,321,412.171' Segment# 3: Line Course: N88°18'37"W Length: 50.01' North: 176,696.886' East: 1,321,362.183' Segment# 4: Line Course: N0°23'36"E Length: 100.35' North: 176,797.234' East: 1,321,362.872' Perimeter: 300.75' Area: 5,018 SQ. FT." Error Closure: 0.002 Course: Sl5°57'02"E Error North : -0.0021 East: 0.0006 "Precision I: 150,375.00" PROJ. 14-076 ' LIBERTY GARDENS 6 Parcel Name: LOT 05 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,795.789' East: 1,321,412.863' Segment# I: Line Course: S88°20'32"E Length: 50.01' North: 176,794.342' East: 1,321,462.852' Segment# 2: Line Course: S0°23'36"W Length: 100.40' North: 176,693.944' East: 1,321,462.162' Segment# 3: Line Course: N88°18'37"W Length: 50.01' North: 176,695.419' East: 1,321,412.174' Segment# 4: Line Course: N0°23'36"E Length: 100.38' North: 176,795.797' East: 1,321,412.863' Perimeter: 300.80' Area: 5,019 SQ. FT." Error Closure: 0.008 Course: N4°55'00"E Error North : 0.0079 East: 0.0007 "Precision I: 37,600.00" PROJ. 14-076 ' 7 LIBERTY GARDENS Parcel Name: LOT 06 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,794.342' East: 1,321,462.854' Segment# I: Line Course: S88°20'32"E Length: 50.01' North: 176,792.895' East: 1,321,512.843' Segment# 2: Line Course: S0°23'36"W Length: 100.43' North: 176,692.468' East: 1,321,512.153' Segment# 3: Line Course: N88°18'37"W Length: 50.01' North: 176,693.942' East: 1,321,462.165' Segment# 4: Line Course: N0°23'36"E Length: I 00.40' North: 176,794.340' East: 1,321,462.854' Perimeter: 300.86' Area: 5,021 SQ. FT." Error Closure: 0.002 Course: S l 5°57'02"E Error North: -0.0021 East: 0.0006 "Precision l: 150,425.00" PROJ. 14-076 LIBERTY GARDENS 8 Parcel Name: LOT 07 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,791.449' East: 1,321,562.836' Segment# I : Line Course: S0°23'36"W Length: 100.46' Nortb: 176,690.991' East: 1,321,562.147' Segment# 2: Line Course: N88°18'37"W Length: SO.OJ' North: 176,692.466' East: 1,321,512.158' Segment# 3: Line Course: N0°23'36"E Length: 100.43' Nortb: 176,792.893' East: 1,321,512.848' Segment# 4: Line Course: S88°20'32"E Length: 50.01' Nortb: 176,791.446' East: 1,321,562.837' Perimeter: 300.92' Area: 5,022 SQ. FT." Error Closure: 0.002 Course: Sl5°57'02"E Error North : -0.0021 East: 0.0006 "Precision I: 150,455.00" PROJ. 14-076 9 LIBERTY GARDENS Parcel Name: LOT 08 Process segment order counterclockwise: False Enable mapcheck across chord: False Nortb: 176,690.991' East:J ,321,562.147' Segment# 1: Line Course: N0°23'36"E Length: 100.46' North: 176,791.449' East: 1,321,562.836' Segment# 2: Line Course: S88°20'32"E Length: 60.01' North: 176,789.713' East: 1,321,622.821' Segment# 3: Line Course: S0°23'36"W Length: 100.49' North: 176,689.225' East: 1,321,622.131' Segment# 4: Line Course: N88°18'37"W Length: 60.02' Nortb: 176,690.995' East: 1,321,562.137' Perimeter: 320.98' Area: 6,029 SQ. FT." Error Closure: 0.010 Course: N67°56'07"W Error North: 0.0037 East: -0.0092 "Precision!: 32,098.00" PROJ. 14-076 LIBERTY GARDENS JO Parcel Name: LOT 09 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,789.712' East:1,321,622.826' Segment# I : Line Course: S88°20'32"E Length: SO.OJ' North: 176,788.266' East: 1,321,672.815' Segment# 2: Line Course: S0°23'36"W Length: 100.52' North: 176,687.748' East: 1,321,672.125' Segment# 3: Line Course: N88°18'37"W Length: 50.01' North: 176,689.223' East: 1,321,622.137' Segment# 4: Line Course: N0°23'36"E Length: 100.49' North: 176,789.710' East: 1,321,622.826' Perimeter: 301.04' Area: 5,025 SQ. FT." Error Closure: 0.002 Course: S 15°57'02"E Error North : -0.0021 East: 0.0006 "Precision 1: 150,515.00" PROJ. 14-076 LIBERTY GARDENS 11 Parcel Name: LOT IO Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,788.266' East:1,321,672.817' Segment# 1 : Line Course: S88°20'32"E Length: 55.01' North: 176,786.674' East: 1,321,727.804' Segment# 2: Line Course: S0°23'36"W Length: 100.55' North: 176,686.127' East: 1,321,727.114' Segment# 3: Line Course: N88°18'37"W Length: 55.01' North: 176,687.749' East: 1,321,672.128' Segment# 4: Line Course: N0°23'36"E Length: 100.52' North: 176,788.266' East: 1,321,672.818' Perimeter: 311.10' Area: 5,529 SQ. FT." Error Closure: 0.001 Course: N46°22'10"E Error North: 0.0007 East: 0.0007 "Precision l: 311,090.00" PROJ. 14-076 LIBERTY GARDENS 12 Parcel Name: LOT 11 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,786.674' East 1,321,727.807' Segment# I: Line Course: S88°20'32"E Length: 61.80' North: 176,784.886' East 1,321,789.582' Segment# 2: Line Course: S0°20'38"W Length: 74.99' North: 176,709.898' East: 1,321,789.132' Segment# 3: Curve Length: 39.86' Radius: 25.00' Delta: 91 °20'45" Tangent: 25.59' Chord: 35.77' Course: S46°0l'Ol"W Course In: N89°39'22"W Course Out: SI 0 41'23"W RP North: 176,710.048' East: 1,321,764.132' End North: 176,685.059' East: 1,321,763.395' Segment# 4: Line Course: N88°18'37"W Length: 36.29' North: 176,686.129' East: 1,321,727.121' Segment# 5: Line Course: N0°23'36"E Length: 100.55' North: 176,786.676' East: 1,321,727.811' Perimeter: 313.49' Area: 6,076 SQ. FT." Error Closure: 0.004 Course: N57°42'12"E Error North: 0.0021 East: 0.0034 "Precision 1: 78,372.50" PROJ. 14-076 LIBERTY GARDENS 13 Parcel Name: LOT 12 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,633.480' East: I ,321, 714.297' Segment# I: Line Course: S88°18'37"E Length: 49.97' North: 176,632.006' East: 1,321,764.245' Segment# 2: Curve Length: 38.68' Radius: 25.00' Delta: 88°39'15" Tangent: 24.42' Chord: 34.94' Course: S43°58'59"E Course In: SI 0 41'23"W Course Out: S89°39'22"E RP North: 176,607.017' East: 1,321,763.508' End North: 176,606.867' East: 1,321,788.508' Segment# 3: Line Course: S0°20'38"W Length: 35.60' North: 176,571.268' East: 1,321,788.294' Segment# 4: Line Course: N89°37'05"W Length: 99.99' North: 176,571.935' East: 1,321,688.306' Segment# 5: Line Course: N0°22'55"E Length: 36.72' North: 176,608.654' East: 1,32 I ,688.551' Segment# 6: Curve Length: 39.84' Radius: 25.00' Delta: 91 °18'28" Tangent: 25.58' Chord: 35.76' Course: N46°02'09"E Course In: S89°37'05"E Course Out: Nl 0 41'23"E RP North: 176,608.487' East: 1,321,713.550' End North: 176,633.476' East: 1,321,714.288' Perimeter: 300.80' Area: 5,845 SQ. FT." Error Closure: 0.010 Course: S68°0I'58"W Error North : -0.0038 East: -0.0094 "Precision I: 30,080.00" PROJ. 14-076 LIBERTY GARDENS 14 Parcel Name: LOT 13 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,571.270' East:1,321, 788.299' Segment# I: Line Course: S0°20'38"W Length: 55.00' North: 176,516.271' East: 1,321,787.969' Segment# 2: Line Course: N89°37'05"W Length: 100.02' North: 176,516.938' East: 1,321,687.951' Segment# 3: Line Course: N0°22'55"E Length: 55.00' North: 176,571.937' East: 1,321,688.317' Segment# 4: Line Course: S89°37'05"E Length: 99.99' North: 176,571.270' East: 1,321,788.305' Perimeter: 310.01' Area: 5,500 SQ. FT." Error Closure: 0.007 Course: S89°43'28"E Error North: 0.0000 East: 0.0065 "Precision I: 44,287.14" PROJ. 14-076 LIBERTY GARDENS 15 Parcel Name: LOT 14 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,516.271' East:1,321,787.969' Segment# I: Line Course: S0°20'38"W Length: 55.00' North: 176,461.272' East: 1,321,787.638' Segment# 2: Line Course: N89°37'06"W Length: 100.06' North: 176,461.939' East: 1,321,687.581' Segment# 3: Line Course: N0°22'55"E Length: 55.00' North: 176,516.938' East: 1,321,687.947' Segment# 4: Line Course: S89°37'05"E Length: 100.02' North: 176,516.271' East: 1,321,787.965' Perimeter: 310.08' Area: 5,502 SQ. FT." Error Closure: 0.004 Course: S82°37'07"W Error North : -0.0004 East: -0.0035 "Precision l: 77,520.00" PROJ. 14-076 LIBERTY GARDENS 16 Parcel Name: LOT 15 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,461.273' East: 1,321,787.638' Segment# I: Line Course: S0°20'38"W Length: 50.00' North: 176,411.274' East: 1,321,787.338' Segment# 2: Line Course: N89°37'05"W Length: 100.09' North: 176,411.941' East: 1,321,687.251' Segment# 3: Line Course: N0°22'55"E Length: 50.00' North: 176,461.940' East: 1,321,687.584' Segment# 4: Line Course: S89°37'06"E Length: 100.06' North: 176,461.273' East: 1,321,787.642' Perimeter: 300.15' Area: 5,004 SQ. FT." Error Closure: 0.003 Course: N81 °35'43"E Error North: 0.0005 East: 0.0032 "Precision 1: 100,050.00" PROJ. 14-076 LIBERTY GARDENS 17 Parcel Name: LOT 16 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,411.273' East:1,321,787,338' Segment# I: Line Course: S0°20'38"W Length: 55.00' North: 176,356.274' East: 1,321,787.008' Segment# 2: Line Course: N89°37'05"W Length: 109.01' North: 176,357.001' East: 1,321,678.001' Segment# 3: Curve Length: 38.40' Radius: 81.50' Delta: 26°59'39" Tangent: 19.56' Chord: 38.04' Course: NI3°52'44"E Course In: N62°37'26"W Course Out: S89°37'05"E RP North: 176,394.477' East: 1,321,605.628' End North: 176,393.934' East: 1,321,687.126' Segment# 4: Line Course: N0°22'55"E Length: 18.01' North: 176,411.943' East: 1,321,687.246' Segment# 5: Line Course: S89°37'05"E Length: 100.09' North: 176,411.276' East: 1,321,787.334' Perimeter: 320.50' Area: 5,613 SQ. FT." Error Closure: 0.005 Course: N55°56'02"W Error North: 0.0029 East: -0.0042 "Precision 1: 64, I 02.00" PROJ. 14-076 LIBERTY GARDENS 18 Parcel Name: LOT 17 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,356.274' East: 1,321,787.008' Segment# I: Line Course: S0°20'38"W Length: 50.00' North: 176,306.275' East: 1,321,786.708' Segment# 2: Line Course: N89°37'06"W Length: 107.00' North: 176,306.988' East: 1,321,679.710' Segment# 3: Line Course: N33°58'26"W Length: 33.42' North: 176,334.703' East: 1,321,661.035' Segment# 4: Curve Length: 28.16' Radius: 81.50' Delta: 19°47'41" Tangent: 14.22' Chord: 28.02' Course: N37°16'24"E Course In: N42°49'45"W Course Out: S62°37'26"E RP North: 176,394.474' East: 1,321,605.630' End North: 176,356.998' East: 1,321,678.003' Segment# 5: Line Course: S89°37'05"E Length: 109.01' North: 176,356.271' East: 1,321,787.010' Perimeter: 327.58' Area: 5,821 SQ. FT." Error Closure: 0.004 Course: S29°47'22"E Error North: -0.0034 East: 0.0019 "Precision I: 81,897.50" PROJ. 14-076 LIBERTY GARDENS 19 Parcel Name: LOT 18 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,306.276' East: 1,321,786.708' Segment# I: Line Course: S0°20'38"W Length: 55.00' North: 176,251.277' East: 1,321,786.378' Segment# 2: Line Course: N89°37'05"W Length: 100.20' North: 176,251.944' East: 1,321,686.180' Segment# 3: Line Course: N0°22'55"E Length: 45.00' North: 176,296.943' East: 1,321,686.480' Segment# 4: Line Course: N33°58'26"W Length: 12.11' North: 176,306.986' East: 1,321,679.713' Segment# 5: Line Course: S89°37'06"E Length: 107.00' North: 176,306.273' East: 1,321,786.711' Perimeter: 319.31' Area: 5,544 SQ. FT." Error Closure: 0.003 Course: S49°46'19"E Error North : -0. 0021 East: 0. 002 5 "Precision 1: 106,436.67" PROJ. 14-076 I : LIBERTY GARDENS 20 Parcel Name: LOT 19 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,251.276' East: 1,321,786.378' Segment# l: Line Course: S0°20'38"W Length: 60.00' North: 176,191.277' East: 1,321,786.018' Segment# 2: Line Course: N89°37'05"W Length: 100.24' North: 176,191.945' East: 1,321,685.780' Segment# 3: Line Course: N0°22'55"E Length: 60.00' North: 176,251.944' East: 1,321,686.180' Segment# 4: Line Course: S89°37'05"E Length: l 00.20' North: 176,251.276' East: 1,321,786.378' Perimeter: 320.44' Area: 6,013 SQ. FT." Error Closure: 0.000 Course: N84°3 I '08"W Error North: 0.0000 East: -0.0001 "Precision l: 320,440,000.00" PROJ. 14-076 LIBERTY GARDENS 21 Parcel Name: LOT 20 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,128.532' East: 1,321,785.641' Segment# l : Line Course: N88°29'33"W Length: 126.30' North: 176,131.854' East: 1,321,659.385' Segment# 2: Line Course: N0°22'55"E Length: 60.27' North: 176,192.123' East: 1,321,659.787' Segment# 3: Line Course: S89°37'05"E Length: 126.24' North: 176,191.282' East: 1,321,786.024' Segment# 4: Line Course: S0°20'38"W Length: 62.75' North: 176,128.533' East: 1,321,785.647' Perimeter: 375.55' Area: 7,766 SQ. FT." Error Closure: 0.006 Course: N8 l 0 l 4'12"E Error North: 0.0009 East: 0.0061 "Precision 1: 62,593.33" PROJ. 14-076 LIBERTY GARDENS 22 Parcel Name: LOT 21 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,611.362' East 1,32 I ,635.577' Segment# 1: Line Course: S0°22'55"W Length: 35.58' North: 176,575.783' East: 1,321,635.340' Segment# 2: Line Course: N89°37'05"W Length: 100.00' North: 176,576.449' East: 1,321,535.342' Segment# 3: Line Course: N0°22'55"E Length: 62.30' North: 176,638.748' East: 1,321,535.758' Segment# 4: Line Course: S88°18'37"E Length: 75.59' North: 176,636.519' East: 1,321,611.315' Segment# 5: CUIVe Length: 38.70' Radius: 25.00' Delta: 88°41'32" Tangent: 24.44' Chord: 34.95' Course: S43°57'51 "E Course In: Sl 0 41'23"W Course Out: S89°37'05"E RP North: 176,611.530' East 1,321,610.578' End North: 176,611.363' East 1,321,635.577' Perimeter: 312.17' Area: 5,989 SQ. FT." Error Closure: 0.001 Course: Nll 0 01'16"W Error North.: 0.0013 East: -0.0003 "Precision 1: 312,170.00" PROJ. 14-076 LIBERTY GARDENS 23 Parcel Name: LOT 22 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,575.783' East:1,321,635.340' Segment# I: Line Course: S0°22'55"W Length: 50.00' North: 176,525.784' East: 1,321,635.007' Segment# 2: Line Course: N89°37'05"W Length: 100.00' North: 176,526.451' East: 1,321,535.009' Segment# 3: Line Course: N0°22'55"E Length: 50.00' North: 176,576.450' East: 1,321,535.342' Segment# 4: Line Course: S89°37'05"E Length: 100.00' North: 176,575.783' East: 1,321,635.340' Perimeter: 300.00' Area: 5,000 SQ. FT." Error Closure: 0.000 Course: N0°00'00"E Error North: 0.0000 East: 0.0000 "Precision 1: 300,000,000.00" PROJ. 14-076 LIBERTY GARDENS 24 Parcel Name: LOT 23 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,525.784' East: 1,321,635.007' Segment# I : Line Course: S0°22'55"W Length: 50.00' North: 176,475.785' East: 1,321,634.673' Segment# 2: Line Course: N89°37'05"W Length: 100.00' North: 176,476.452' East: 1,321,534.676' Segment# 3: Line Course: N0°22'55"E Length: 50.00' North: 176,526.451' East: 1,321,535.009' Segment# 4: Line Course: S89°37'05"E Length: 100.00' North: 176,525.784' East: 1,321,635.007' Perimeter: 300.00' Area: 5,000 SQ. FT." Error Closure: 0.000 Course: N0°00'00"E Error North: 0.0000 East: 0.0000 "Precision I: 300,000,000.00" PROJ. 14-076 LIBERTY GARDENS 25 Parcel Name: LOT 24 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,475.785' East: 1,321,634.673' Segment# I : Line Course: S0°22'55"W Length: 50.00' North: 176,425.786' East: 1,321,634.340' Segment# 2: Line Course: N89°37'05"W Length: 100.00' North: 176,426.453' East: 1,321,534.342' Segment# 3: Line Course: N0°22'55"E Length: 50.00' North: 176,476.452' East: 1,321,534.676' Segment# 4: Line Course: S89°37'05"E Length: 100.00' North: 176,475.785' East: 1,321,634.673' Perimeter: 300.00' Area: 5,000 SQ. FT." Error Closure: 0.000 Course: N0°00'00"E Error North: 0.0000 East: 0.0000 "Precision I: 300,000,000.00" PROJ. 14-076 LIBERTY GARDENS 26 Parcel Name: LOT 25 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,394.287' East:1,321,634.130' Segment# I : Curve Length: 44.77' Radius: 28.50' Delta: 90°00'00" Tangent: 28.50' Chord: 40.31' Course: S45°22'55"W Course In: N89°37'05"W Course Out: S0°22'55"W RP North: 176,394.477' East: 1,321,605.631' End North: 176,365.978' East: 1,321,605.441' Segment# 2: Line Course: N89°37'05"W Length: 71.50' North: 176,366.454' East: 1,321,533.942' Segment# 3: Line Course: N0°22'55"E Length: 60.00' North: 176,426.453' East: 1,321,534.342' Segment# 4: Line Course: S89°37'05"E Length: 100.00' North: 176,425.786' East: 1,321,634.340' Segment# 5: Line Course: S0°22'55"W Length: 31.50' North: 176,394.287' East: 1,321,634.130' Perimeter: 307.77' Area: 5,826 SQ. FT." Error Closure: 0.000 Course: N0°00'00"E Error North: 0.0000 East: 0.0000 "Precision 1: 307,770,000.00" PROJ. 14-076 LIBERTY GARDENS 27 Parcel Name: LOT 26 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,395.620' East: 1,321,434.135' Segment# 1: Line Course: N0°22'55"E Length: 31.50' North: 176,427.120' East: 1,321,434.345' Segment# 2: Line Course: S89°37'05"E Length: 100.00' North: 176,426.453' East: 1,321,534.342' Segment# 3: Line Course: S0°22'55"W Length: 60.00' North: 176,366.454' East: 1,321,533.942' Segment# 4: Line Course: N89°37'05"W Length: 71.50' North: 176,366.931' East: 1,321,462.444' Segment# 5: Curve Length: 44.77' Radius: 28.50' Delta: 90°00'00" Tangent: 28.50' Chord: 40.31' Course: N44°37'05"W Course In: N0°22'55"E Course Out: N89°37'05"W RP North: 176,395.430' East: 1,321,462.634' End North: 176,395.620' East: 1,321,434.135' Perimeter: 307.77' Area: 5,826 SQ. FT." Error Closure: 0.000 Course: N0°00'00"E Error North: 0.0000 East: 0.0000 "Precision l: 307,770,000.00" PROJ. 14-076 LIBERTY GARDENS 28 Parcel Name: LOT 27 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,427.120' East: 1,321,434.345' Segment# I: Line Course: N0°22'55"E Length: 50.00' North: 176,477.118' East: 1,321,434.678' Segment# 2: Line Course: S89°37'05"E Length: 100.00' North: 176,476.452' East: 1,321,534.676' Segment# 3: Line Course: S0°22'55"W Length: 50.00' North: 176,426.453' East: 1,321,534.342' Segment# 4: Line Course: N89°37'05"W Length: 100.00' North: 176,427.120' East: 1,321,434.345' Perimeter: 300.00' Area: 5,000 SQ. FT." Error Closure: 0.000 Course: N0°00'00"E Error North: 0.0000 East: 0.0000 "Precision l: 300,000,000.00" PROJ. 14-076 LIBERTY GARDENS 29 Parcel Name: LOT 28 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,477.118' East:1,321,434.678' Segment# I: Line Course: N0°22'55"E Length: 50.00' North: 176,527.117' East: 1,321,435.0ll' Segment# 2: Line Course: S89°37'05"E Length: 100.00' North: 176,526.451' East: 1,321,535.009' Segment# 3: Line Course: S0°22'55"W Length: 50.00' North: 176,476.452' East: 1,321,534.676' Segment# 4: Line Course: N89°37'05"W Length: 100.00' North: 176,477. ll8' East: 1,321,434.678' Perimeter: 300.00' Area: 5,000 SQ. FT." Error Closure: 0.000 Course: N0°00'00"E Error North : 0.0000 East: 0.0000 "Precision 1: 300,000,000.00" PROJ. 14-076 LIBERTY GARDENS 30 Parcel Name: LOT 29 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,527.117' East:l ,321,435.011' Segment# l: Line Course: N0°22'55"E Length: 50.00' North: 176,577.116' East: 1,321,435.344' Segment# 2: Line Course: S89°37'05"E Length: 100.00' North: 176,576.450' East: 1,321,535.342' Segment# 3: Line Course: S0°22'55"W Length: 50.00' North: 176,526.451' East: 1,321,535.009' Segment# 4: Line Course: N89°37'05"W Length: 100.00' North: 176,527.117' East: 1,321,435.011' Perimeter: 300.00' Area: 5,000 SQ. FT." Error Closure: 0.000 Course: N0°00'00"E Error North: 0.0000 East: 0.0000 "Precision 1: 300,000,000.00" PROJ. 14-076 LIBERTY GARDENS 31 Parcel Name: LOT 30 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,616.120' East 1,321,435.604' Segment# I : Curve Length: 39.84' Radius: 25.00' Delta: 91 °18'28" Tangent: 25.58' Chord: 35.76' Course: N46°02'09"E Course In: S89°37'05"E RP North: 176,615.953' End North: 176,640.942' Course Out: Nl 0 41'23"E East: 1,321,460.604' East: 1,321,461.341' Segment# 2: Line Course: S88°18'37"E Length: 74.45' North: 176,638.747' East: 1,321,535.759' Segment# 3: Line Course: S0°22'55"W Length: 62.30' North: 176,576.448' East: 1,321,535.343' Segment# 4: Line Course: N89°37'05"W Length: 100.00' North: 176,577.115' East: 1,321,435.346' Segment# 5: Line Course: N0°22'55"E Length: 39.00' North: 176,616.114' East: 1,321,435.606' Perimeter: 315.59' Area: 6,203 SQ. FT." Error Closure: 0.006 Course: SI I 0 22'18"E Error North : -0. 005 7 East: 0.0011 "Precision I: 52,598.33" PROJ. 14-076 .. LIBERTY GARDENS 32 Parcel Name: LOT 31 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,488.236' East: 1,321,381.751' Segment# I: Line Course: S0°22'55"W Length: 55.00' North: 176,433.238' East: 1,321,381.384' Segment# 2: Line Course: N89°37'05"W Length: 100.00' North: 176,433.904' East: 1,321,281.386' Segment# 3: Line Course: N0°22'55"E Length: 55.00' North: 176,488.903' East: 1,321,281.753' Segment# 4: Line Course: S89°37'05"E Length: 100.00' North: 176,488.236' East: 1,321,381.751' Perimeter: 310.00' Area: 5,500 SQ. FT." Error Closure: 0.000 Course: N0°00'00"E Error North: 0.0000 East: 0.0000 "Precision I: 310,000,000.00" PROJ. 14-076 LIBERTY GARDENS 33 Parcel Name: LOT 32 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,543.235' East: 1,321,382.ll 7' Segment# I: Line Course: S0°22'55"W Length: 55.00' North: 176,488.236' East: 1,321,381.751' Segment# 2: Line Course: N89°37'05"W Length: 100.00' North: 176,488.903' East: 1,321,281.753' Segment# 3: Line Course: N0°22'55"E Length: 55.00' North: 176,543.902' East: 1,321,282.120' Segment# 4: Line Course: S89°37'05"E Length: I 00.00' North: 176,543.235' East: 1,321,382.117' Perimeter: 310.00' Area: 5,500 SQ. FT." Error Closure: 0.000 Course: N0°00'00"E Error North: 0.0000 East: 0.0000 "Precision 1: 310,000,000.00" PROJ. 14-076 LIBERTY GARDENS 34 Parcel Name: LOT 33 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,433.238' East: 1,321,381.384' Segment# 1: Line Course: S0°22'55"W Length: 22.00' North: 176,411.238' East: 1,321,381.237' Segment# 2: Line Course: N89°37'05"W Length: 96.43' North: 176,411.881' East: 1,321,284.810' Segment# 3: Line Course: N60°22'15"W Length: 57.85' North: 176,440.481' East: 1,321,234.524' Segment# 4: Line Course: N77°56'59"W Length: 37.08' North: 176,448.222' East: 1,321,198.261' Segment# 5: Line Course: N0°22'08"E Length: 96.24' North: 176,544.460' East: 1,321,198.881' Segment# 6: Line Course: S89°37'05"E Length: 83.24' North: 176,543.905' East: 1,321,282.119' Segment# 7: Line Course: S0°22'55"W Length: 110.00' North: 176,433.908' East: 1,321,281.385' Segment# 8: Line Course: S89°37'05"E Length: 100.00' North: 176,433.241' East: 1,321,381.383' Perimeter: 602.83' Area: 11,310 SQ. FT." Error Closure: 0.004 Course: Nl4°08'47"W Error North: 0.0036 East: -0.0009 "Precision 1: 150,710.00" PROJ. 14-076 LIBERTY GARDENS 35 Parcel Name: LOT 34 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,643.980' East: 1,321,358.359' Segment# 1 : Curve Length: 38.70' Radius: 25.00' Delta: 88°41'32" Tangent: 24.44' Chord: 34.95' Course: S43°57'5I"E Course In: SI 0 41'23"W RP North: 176,618.991' End North: 176,618.824' Course Out: S89°37'05"E East: 1,321,357.622' East: 1,321,382.621' Segment# 2: Line Course: S0°22'55"W Length: 75.59' North: 176,543.236' East: 1,321,382.117' Segment# 3: Line Course: N89°37'05"W Length: 57.75' North: 176,543.621' East: 1,321,324.369' Segment# 4: Line Course: N0°22'55"E Length: 101.34' North: 176,644.959' East: 1,321,325.044' Segment# 5: Line Course: S88°18'37"E Length: 33.33' North: 176,643.976' East: 1,321,358.360' Perimeter: 306.71' Area: 5,687 SQ. FT." Error Closure: 0.004 Course: S9°41'04"E Error North : -0.0042 East: 0.0007 "Precision l: 76,677.50" PROJ. 14-076 LIBERTY GARDENS 36 Parcel Name: LOT 35 Process segment order counterclockwise: False Enable mapcheck across chord: False North: I 76,646.614' East:1,321,269.054' Segment# I: Line Course: S88°18'37"E Length: 56.01' North: 176,644.963' East: 1,32 I ,325.040' Segment# 2: Line Course: S0°22'55"W Length: 101.34' North: 176,543.625' East: I ,321,324.364' Segment# 3: Line Course: N89°37'05"W Length: 56.00' North: I 76,543.998' East: 1,321,268.365' Segment# 4: Line Course: N0°22'55"E Length: 102.62' North: 176,646.616' East: 1,321,269.049' Perimeter: 315.98' Area: 5,711 SQ. FT." Error Closure: 0.005 Course: N69°29'59"W Error North : 0.0017 East: -0.0046 "Precision 1: 63,194.00" PROJ. 14-076 LIBERTY GARDENS 37 Parcel Name: LOT 36 Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,647.910' East:1,321,225.126' Segment# 1: Line Course: S88°18'37"E Length: 43.95' North: 176,646.614' East: 1,321,269.057' Segment# 2: Line Course: S0°22'55"W Length: 102.62' North: 176,543.997' East: 1,321,268.373' Segment# 3: Line Course: N89°37'05"W Length: 69.49' North: 176,544.460' East: 1,321,198.884' Segment# 4: Line Course: N0°22'08"E Length: 78.63' North: 176,623.088' East: 1,321,199.390' Segment# 5: Curve Length: 39.85' Radius: 25.00' Delta: 91°19'15" Tangent: 25.58' Chord: 35.76' Course: N46°01'45"E Course In: S89°37'52"E Course Out: NI 0 41'23"E RP North: 176,622.927' East: 1,321,224.390' End North: 176,647.916' East: 1,321,225.127' Perimeter: 334.53' Area: 7,046 SQ. FT." Error Closure: 0.006 Course: Nil 0 35'23"E Error North: 0.0061 East: 0.0013 "Precision I: 55,756.67" PROJ. 14-076 LIBERTY GARDENS 38 Parcel Name: ROW DEDICATION Process segment order counterclockwise: False Enable mapcheck across chord: False North:176,784.756' East:1,321,794.080' Segment# 1: Line Course: S0°20'38"W Length: 656.35' North: 176,128.418' East: 1,321,790.141' Segment# 2: Line Course: N88°29'33"W Length: 4.50' North: 176,128.536' East: 1,321,785.642' Segment# 3: Line Course: N0°20'38"E Length: 656.37' North: 176,784.895' East: 1,321,789.582' Segment# 4: Line Course: S88°20'32"E Length: 4.50' North: 176,784.764' East: 1,321,794.080' Perimeter: 1,321.72' Area: 2,954 SQ. FT." Error Closure: 0.008 Course: Nl 0 26'18"W Error North: 0.0082 East: -0.0002 "Precision 1: 165,215.00" PROJ. 14-076 LIBERTY GARDENS 39 Parcel Name: TRACT -A Process segment order counterclockwise: False Enable mapcheck across chord: False North:l 76,320.299' East:1,321,639.392' Segment# I : Curve Length: 26.11' Radius: 81.50' Delta: 18°21'26" Tangent: 13.17' Chord: 26.00' Course: N56°20'57"E Course In: N24°28'20"W RP North: 176,394.477' End North: 176,334.706' Course Out: S42°49'45"E East: 1,321,605.631' East: 1,321,661.036' Segment# 2: Line Course: S33°58'26"E Length: 45.54' North: 176,296.940' East: 1,321,686.484' Segment# 3: Line Course: S0°22'55"W Length: 105.00' North: 176,191.942' East: 1,321,685.784' Segment# 4: Line Course: N89°37'05"W Length: 26.00' North: 176,192.116' East: 1,321,659.785' Segment# 5: Line Course: N0°22'55"E Length: 96.96' North: 176,289.074' East: l ,321,660.431' Segment# 6: Line Course: N33°58'26"W Length: 37.65' North: 176,320.296' East: 1,321,639.392' Perimeter: 337.26' Area: 3,689 SQ. FT." Error Closure: 0.002 Course: S 15°32'5 l "W Error North : -0.0022 East: -0.0006 "Precision l: 168,630.00" PROJ. 14-076 LIBERTY GARDENS 40 Parcel Name: TRACT -B Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,245.567' East: 1,321,424.179' Segment# I: Curve Length: 61.91' Radius: 56.00' Delta: 63°20'33" Tangent: 34.55' Chord: 58.81' Course: N58°24'05"E Course In: S63°16'12"E RP North: 176,220.379' End North: 176,276.379' Course Out: N0°04'22"E East: 1,321,474.195' East: 1,321,474.266' Segment# 2: Line Course: S89°55'38"E Length: 53.19' North: 176,276.312' East: 1,321,527.456' Segment# 3: Curve Length: 19.55' Radius: 12.50' Delta: 89°37'13" Tangent: 12.42' Chord: 17.62' Course: N45°15'46"E Course In: N0°04'22"E Course Out: S89°32'5 l "E RP North: 176,288.811' East: 1,321,527.471' End North: 176,288.713' East: 1,321,539.971' Segment# 4: Line Course: N0°27'09"E Length: 24.70' North: 176,313.412' East: 1,321,540.166' Segment# 5: Line Course: S89°37'05"E Length: 64.92' North: 176,312.979' East: 1,321,605.085' Segment# 6: Curve Length: 35.35' Radius: 81.50' Delta: 24°51'15" Tangent: 17.96' Chord: 35.08' Course: N77°57'18"E Course In: N0°22'55"E RP North: 176,394.477' End North: 176,320.299' Course Out: S24°28'20"E East: 1,321,605.628' East: 1,321,639.390' Segment# 7: Line Course: S33°58'26"E Length: 37.65' North: 176,289.076' East: 1,321,660.429' Segment# 8: Line PROJ 14-076 LIBERTY GARDENS 41 Course: S0°22'55"W Length: 157.23' North: 176,131.850' East: 1,321,659.381' Segment# 9: Line Course: N88°29'33"W Length: 215.03' North: 176,137.507' East: 1,321,444.425' Segment# 10: Line Course: N40°22'30"W Length: 32.96' North: 176,162.616' East 1,321,423.074' Segment# 11 : Line Course: N0°22'55"E Length: 39.32' North: 176,201.936' East: 1,321,423.336' Segment# 12: Line Course: N36°20'03"W Length: 53.69' North: 176,245.187' East 1,321,391.525' Segment# 13: Line Course: N89°20'17"E Length: 32.65' North: 176,245.564' East: 1,321,424.173' Perimeter: 828.15' Area: 37,785 SQ. FT." Error Closure: 0.007 Course: S61 °58'28"W Error North : -0.0031 East: -0.0058 "Precision l: 118,307.14" PROJ. 14-076 LIBERTY GARDENS 42 Parcel Name: TRACT -C Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,276.379' East: 1,321,474.266' Segment# I : Curve Length: 61.91' Radius: 56.00' Delta: 63°20'33" Tangent: 34.55' Chord: 58.81' Course: S58°24'05"W Course In: S0°04'22"W Course Out: N63°!6'12"W RPNorth: 176,220.379' East: 1,321,474.194' End North: 176,245.567' East: 1,321,424.179' Segment# 2: Line Course: S89°20'17"WLength: 32.65' North: 176,245.190' East: 1,321,391.531' Segment# 3: Line Course: N36°20'03"W Length: 90.32' North: 176,317.949' East: 1,321,338.017' Segment# 4: Line Course: N29°02'52"W Length: 91.70' North: 176,398.115' East: 1,321,293.493' Segment# 5: Line Course: N32°13'43"W Length: 16.28' North: 176,411.887' East: 1,321,284.811' Segment# 6: Line Course: S89°37'05"E Length: 96.43' North: 176,411.244' East: 1,321,381.239' Segment# 7: Line Course: S0°22'55"W Length: 15.27' North: 176,395.974' East: 1,321,381.137' Segment# 8: Curve Length: 128.02' Radius: 81.50' Delta: 90°00'00" Tangent: 81.50' Chord: ll 5.26'Course: S44°37'05"E Course In: S89°37'05"E RPNorth: 176,395.431' End North: 176,313.933' Course Out: S0°22'55"W East: 1,321,462.635' East: 1,321,462.092' Segment# 9: Line PROJ. 14-076 LIBERTY GARDENS 43 Course: S89°37'05"E Length: 78.08' North: 176,313.412' East: 1,321,540.170' Segment# I 0: Line Course: S0°27'09"W Length: 24.70' North: 176,288.713' East: 1,321,539.975' Segment# 11: Curve Length: 19.55' Radius: 12.50' Delta: 89°37'13" Tangent: 12.42' Chord: 17.62' Course: S45°15'46"W Course In: N89°32'5 l "W Course Out: S0°04'22"W RP North: 176,288.812' East: 1,321,527.475' End North: 176,276.312' East: 1,321,527.460' Segment# 12: Line Course: N89°55'38"W Length: 53.19' North: 176,276.379' East: 1,321,474.270' Perimeter: 708.09' Area: 16,785 SQ. FT." Error Closure: 0.004 Course: N86°09'08"E Error North: 0.0003 East: 0.0041 "Precision I: 177,025.00" PROJ. 14-076 • LIBERTY GARDENS 44 Parcel Name: TRACT-D Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,144.042' East:1,321,196.306' Segment# I: Line Course: N0°22'08"E Length: 304.19' North: 176,448.226' East: 1,321,198.264' Segment# 2: Line Course: S77°56'59"E Length: 37.08' North: 176,440.484' East: 1,321,234.527' Segment# 3: Line Course: S60°22'15"E Length: 57.85' North: 176,411.884' East: 1,321,284.813' Segment# 4: Line Course: S32°13'43"E Length: 16.28' North: 176,398.113' East: 1,321,293.495' Segment# 5: Line Course: S29°02'52"E Length: 91.70' North: 176,317.947' East: 1,321,338.019' Segment# 6: Line Course: S36°20'03"E Length: 144.01' North: 176,201.936' East: 1,321,423.344' Segment# 7: Line Course: S0°22'55"W Length: 39.32' North: 176,162.617' East: 1,321,423.082' Segment# 8: Line Course: S40°22'30"E Length: 32.96' North: 176,137.508' East: 1,321,444.433' Segment# 9: Line Course: N88°29'33"W Length: 248.21' North: 176,144.037' East: 1,321,196.309' Perimeter: 971.59' Area: 47,986 SQ. FT." Error Closure: 0.006 Course: S33°13'22"E Error North : -0.0046 East: 0.0030 "Precision 1: 161,933.33" PROJ. 14-076 LIBERTY GARDENS 45 Parcel Name: R-0-W Process segment order counterclockwise: False Enable mapcheck across chord: False North: 176,647.910' East:1,321,225.126' Segment# I : Curve Length: 39.85' Radius: 25.00' Delta: 91 °19'15" Tangent: 25.58' Chord: 35.76' Course: S46°01'45"W Course In: Sl 0 41'23"W Course Out: N89°37'52"W RP North: 176,622.921' East: 1,321,224.389' End North: 176,623.082' East: 1,321,199.389' Segment# 2: Line Course: N0°22'08"E Length: 103.03' North: 176,726.110' East: 1,321,200.052' Segment# 3: Curve Length: 38.69' Radius: 25.00' Delta: 88°40'45" Tangent: 24.43' Chord: 34.95' Course: S43°58'15"E Course In: S89°37'52"E Course Out: S1°41'23"W RP North: 176,725.949' East: 1,321,225.052' End North: 176,700.960' East: 1,321,224.315' Segment# 4: Line Course: S88°18'37"E Length: 539.31' North: 176,685.057' East: 1,321,763.390' Segment# 5: Curve Length: 39.86' Radius: 25.00' Delta: 91 °20'45" Tangent: 25.59' Chord: 35.77' Course: N46°01 '0l "E Course In: Nl 0 41'23"E Course Out: S89°39'22"E RP North: 176,710.046' East: 1,321,764.127' End North: 176,709.896' East: 1,321,789.127' Segment# 6: Line Course: S0°20'38"W Length: 103.03' North: 176,606.868' East: 1,321,788.509' Segment# 7: Curve Length: 38.68' Radius: 25.00' Delta: 88°39'15" Tangent: 24.42' Chord: 34.94' Course: N43°58'59"W Course In: N89°39'22"W Course Out: NI 0 41'23"E RP North: 176,607.018' East: 1,321,763.509' End North: 176,632.007' East: 1,321,764.246' Segment# 8: Line Course: N88°!8'37"W Length: 49.97' North: 176,633.481' East: 1,321,714.298' PROJ. 14-076 • .. • LIBERTY GARDENS 46 Segment# 9: Curve Length: 39.84' Radius: 25.00' Delta: 91°18'28" Tangent: 25.58' Chord: 35.76' Course: S46°02'09"W Course In: SI 0 41'23"W Course Out: N89°37'05"W RP North: 176,608.492' East: 1,321,713.561' End North: 176,608.658' East: 1,321,688.561' Segment# I 0: Line Course: S0°22'55"W Length: 214.73' North: 176,393.933' East: 1,321,687.130' Segment# 11: Curve Length: 128.02' Radius: 81.50' Delta: 90°00'00" Tangent: 81.50' Chord: l 15.26'Course: S45°22'55"W Course In: N89°37'05"W Course Out: S0°22'55"W RP North: 176,394.476' East: 1,321,605.632' End North: 176,312.978' East: 1,321,605.088' Segment# 12: Line Course: N89°37'05"W Length: 143.00' North: 176,313.932' East: 1,321,462.092' Segment# 13: Curve Length: 128.02' Radius: 81.50' Delta: 90°00'00" Tangent: 81.50' Chord: l 15.26'Course: N44°37'05"W Course In: N0°22'55"E Course Out: N89°37'05"W RP North: 176,395.430' East: 1,321,462.635' End North: 176,395.973' East: 1,321,381.137' Segment# 14: Line Course: N0°22'55"E Length: 222.86' North: 176,618.828' East: 1,321,382.622' Segment# 15: Curve Length: 38.70' Radius: 25.00' Delta: 88°41'32" Tangent: 24.44' Chord: 34.95' Course: N43°57'51"W Course In: N89°37'05"W Course Out: NI 0 41'23"E RP North: 176,618.995' East: 1,321,357.623' End North: 176,643.984' East: 1,321,358.360' Segment# 16: Line Course: N88°I8'37"W Length: 133.29' North: 176,647.914' East: 1,321,225.128' Perimeter: 2,899.58' Area: 74,889 SQ. FT." Error Closure: 0.004 Course: N30°05'59"E Error North : 0.0039 East: 0.0022 "Precision I: 500,220.00" PROJ. 14-076 After Recording Return to: SSH! LLC 12910 Totem Lake Blvd. NE, Suite 220 Kirkland, WA 98034 Attn: Tia Brotherton Heim DOCUMENT TITLE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR LIBERTY GARDENS REFERENCE NO. OF DOCUMENTS ASSIGNED/ RELEASED GRANTOR SSH!, LLC, a Delaware limited liability comoany dba DR Horton GRANTEE LIBERTY GARDENS HOMEOWNERS ASSOCIATION LEGAL DESCRIPTION Tracts 5 and 6, Block 4, Cedar Park Five Acre Tracts, According to the plat thereofrecorded in Volume 15 of Plats Page 91, Records of King Countv, Washineton. ASSESSOR'S PARCEL NO. King County Parcel Nos. 1457500145 and 1457500150 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR LIBERTY GARDENS This Declaration of Covenants, Conditions, and Restrictions and Reservation of Easements is made by SSHI LLC, a Delaware limited liability company dba DR Horton ("Declarant"), as owner of the Property described below. A. Declarant is the owner of certain real property located in the County of King, State of Washington, described in Exhibit A attached hereto and by this reference incorporated herein ("Property"). The Property is comprised of the real property legally described on Exhibit A and any other real property added by Amendment hereto or amendment of the Map. Declarant is developing the residential community ("Community") of Liberty Gardens on the Property in accordance with the Plat of Liberty Gardens ("Plat"), recorded under King County Auditor's File No. and in accordance with the approved PRELIMINARY PLAT. B. Declarant plans to develop, own and convey the Property subject to the covenants, conditions, restrictions and easements as hereinafter set forth and as set forth in the deed of Lots from Declarant to Owners of Lots in the Property. C. Declarant hereby declares that all of the Property shall be held, leased, encumbered, used, occupied, improved, sold and conveyed subject to the following covenants, conditions, restrictions and reservations of easements, all and each of which are for the purpose of enhancing and perfecting the value, desirability, and attractiveness of the Property, in furtherance of a general plan for the protection of the Property. All and each of these covenants, conditions, restrictions, and easements are hereby imposed as equitable servitudes upon the Property. They shall run with the Property, and every portion thereof, shall be binding on all parties having or acquiring any right, title or interest in the Property, and every portion thereof, and their lessee, guests, heirs, successors and assigns, shall inure to the benefit of every portion of the Property and any interest therein, shall inure to the benefit of each Owner, and his heirs, successors and assigns, and may be enforced by the Owners, the Association and Declarant in accordance with the terms hereof. Acceptance of any portion of the Property shall be deemed acceptance of the terms and provisions of this Declaration. ARTICLE 1. DEFINITIONS The following words, when used in this Declaration and in any amendment hereto shall have the following meanings unless otherwise expressly provided herein or therein: 1.1 Section 7.3 below. "Alley Access Lots" shall have the meaning ascribed to it in Page 1 1.2 "Articles" shall mean the Articles oflncorporation of the Association which have been or will be filed in the office of the Secretary of State of the State of Washington, as such Articles may be amended from time to time. 1.3 "Assessment(s)" shall mean all assessments imposed pursuant this Declaration, including without limitation General Assessments, Capital Improvement Assessments, Special Assessments, Reconstruction Assessments, and Yard Maintenance Assessments. 1.4 "Assessment Period" shall mean a calendar year for General Assessments and Yard Maintenance Assessments, and such other period as determined by the Board for other Assessments. 1.5 "Association" shall mean Liberty Gardens Homeowners Association, a Washington non-profit corporation, its successors and assigns. 1.6 "Association Lien" shall mean a lien in favor of the Association imposed pursuant to this Declaration. 1.7 of the Association. "Board of Directors" or "Board" shall mean the Board of Directors 1.8 "Budget" shall mean the operating budget for the Association adopted pursuant to Section 4.3 below. 1.9 "Bylaws" shall mean the Bylaws of the Association, as adopted by the Board initially, as such Bylaws may be amended from time to time. 1.10 "Capital Improvement Assessment( s )" shall mean an Assessment imposed pursuant to Section 4.4 below. 1.11 in Section 4.4 below. "Capital Improvement Work" shall have the meaning ascribed to it 1.12 "Class" shall mean a class of Membership in the Association as described in Section 3.9 below. 1.13 a Lot is Recorded. "Close of Escrow" shall mean the date on which a deed conveying 1.14 "Committee" shall mean the Architectural Control Committee formed pursuant to ARTICLE 9 of this Declaration. 1.15 "Common Areas" shall mean all real property and Improvements: (a) owned or leased by the Association or owned in equal and undivided interest by the owners of the Lots; (b) in which the Association has an easement for access or maintenance (excepting easements for maintaining Lots) for the use, enjoyment, and benefit of the Members; (c) in Page2 which the Members have a right of control by any written instrument, including this Declaration, or by delineation and declaration of the same on the Plat; or ( d) in which the Members of the Association have an undivided interest and shall exclude streets or other areas dedicated or conveyed to a governmental entity for public use. The Common Areas may be improved by certain common facilities and, if and when improved, shall include such common facilities. The Common Areas may include (where applicable, if and when improved) common greens and open space areas, including Improvements thereon, Street lights, Street trees and other landscaping, Signs, recreational, picnic and athletic facilities, pedestrian and hiking paths and trails, bicycle paths, private alleys, irrigation systems located in public rights of way, drainage and storm water detention areas and sewer, water, storm drainage, and other utility systems located on or in the Common Areas. The Common Areas shall include specifically (but without limitation) Tract B (Storm Drainage Tract) the Association is responsible for maintenance of the landscaping within Tract B outward from but including the fence; the City of Renton is responsible for maintenance of the storm pond from fence inward; Tract C (Recreation Tract); Tract D (Open Space/Critical Area); 10' Landscape Easement located on lots I and 11; 2.5' Landscape Easement on the rear of lots 12-20; and Landscape and Monument Easement located on Lot 36, all as shown on the Plat. The Declarant may add or subtract from the Common Areas during the Development Period by Amendment to this Declaration. If the Common Areas shown on the Map are different from those described herein, the Common Areas described on the Map shall be deemed to be the Common Areas unless this Declaration has been amended or modified and states that such amendment or modification changes the Common Areas shown on the Map. 1.16 "Common Expenses" shall mean all costs and expenses incurred by the Association, including, but not limited to, the following: (a) expenses of administration, maintenance, and operation, including, but not limited to, reasonable compensation to employees of the Association, (b) costs ofrepair, replacement and capital improvement of the Common Areas and any Improvements thereon, (c) premiums or deductibles for all insurance policies and bonds required or permitted by this Declaration, ( d) all real property and other taxes and assessments on the Common Areas, (e) utility and service charges, (f) funding of reserves for anticipated operational shortfalls or for replacement of capital items, (g) funding of reserves for the replacement of the Common Areas and any improvements and community facilities therein, and start-up expenses and operating contingencies of a nonrecurring nature, (h) expenses payable under ARTICLE 4 below, (i) legal fees and costs, (j) the costs ofrecovering unpaid Assessments, including legal fees and other costs of foreclosure of an Association Lien, (k) fees for architectural services provided to the Committee, (1) expenses of administration, maintenance, operation, repair or replacement oflandscaping performed by the Association or the Association's agent on the Owners' Lots, (m) costs payable under Section 3.5(b) below, (n) the cost of maintaining or repairing any storm water drainage system, and ( o) any other costs and expenses determined from time to time as reasonably necessary by the Board, or as otherwise incurred by the Association pursuant to this Declaration. 1.17 "Declarant" shall mean SSH! LLC dba DR Horton, a Delaware limited liability company, its successors or assigns and any Person to which it has assigned, in whole or in part, any of its rights hereunder by an express written assignment. Page 3 1.18 "Declaration" shall mean this Declaration of Covenants, Conditions, and Restrictions and Reservation of Easements for Liberty Gardens, as it may be amended from time to time as provided herein. 1.19 "Development Period" shall mean the period of time from the date of Recording this Declaration until the Turnover Date. 1.20 "Development Rights" shall mean those rights of Declarant reserved in ARTICLE 2, ARTICLE 3, ARTICLE 8 and ARTICLE 14, and elsewhere in this Declaration. Declarant may exercise any and all Development Rights at any time during the Development Period in Declarant's sole discretion. 1.21 "Fence Requirements" shall mean the requirements for fences identified in Section 10.l(c) below, and attached as Exhibit 8. 1.22 "General Assessment(s)" shall mean Assessments imposed by the Association pursuant to Section 4.3(a) below. 1.23 "Improvement" shall mean all structures and appurtenances thereto of every kind, whether above or below the land surface, including but not limited to, buildings (including Residences), garages, utility systems, walkways, driveways, parking areas, loading areas, landscaping items, swimming pools, sports courts, fences, walls, decks, stairs, poles, landscaping vegetation, irrigation systems, Streets, Signs, exterior fixtures, playfields and appurtenant facilities, recreational facilities, play structures, picnic structures and any other structure of any kind. 1.24 "Initial Working Capital Contribution" shall have the meaning ascribed to it in Section 4.11 below. 1.25 "Institutional Lender" shall mean one or more commercial or savings banks, savings and loan associations, trust companies, credit unions, industrial loan associations, insurance companies, pension funds or business trusts, including, but not limited to real estate investments trusts, any other lender regularly engaged in financing the purchase, construction, or Improvement ofreal estate, or any assignee of loans made by such a lender, or any private or governmental institution which has insured the loan of such a lender, including Federal Mortgage Agencies, or any combination of any of the foregoing entities. 1.26 "Lot" shall mean each separate parcel of the Property as shown on the Plat to be used for construction of a Residence and which is not a Common Area nor dedicated to the public. If any additional property is added to the Plat, each parcel comprised of a legal buildable lot which will be used for the construction of a Residence shall be considered a "Lot." 1.27 "Majority Vote" shall mean a vote of the holders of more than 50% of the total number of votes allocated to the Lots in accordance with Section 3.9 below, whether by Class or in the aggregate as so indicated. Page4 1.28 "Map" shall mean the map(s) of the Property recorded with the King, Department of Records under Auditor's File No. and any subsequent Maps of divisions of Liberty Gardens which are recorded. 1.29 "Member" shall mean every person or entity who or which holds a Membership in the Association, as provided in Section 3.7 below. "Membership" shall mean the status of being a Member. 1.30 "Mortgage"-"Mortgagee"-"Mortgagor." A Mortgage shall mean any recorded mortgage or deed of trust on a Lot. A Mortgagee shall mean any holder of a Mortgage and shall be deemed to include the beneficiary of a deed of trust. A Mortgagor shall mean the borrower under a Mortgage and shall be deemed to include the trustor or grantor of a deed of trust. 1.31 "Occupant" shall mean a lessee or licensee of an Owner or any other person or entity, other than an Owner, in lawful possession of a Lot, or a portion of a Lot, with the permission of the Owner. 1.32 "Owner" shall mean the Person(s), including Declarant, holding fee simple title of record to any Lot, including purchasers under executory contracts of sale and shall include "Co-Owners" as defined in Section 3.9(c). "Ownership" shall mean the status of being an Owner. The Declarant shall be an Owner until it sells the last Lot, but the Declarant shall not be liable for assessments and fees and may be expressly excluded from other obligations under this Declaration or the Association Articles and Bylaws. 1.33 "Participating Builder" shall mean a party that purchases unimproved Lots from the Declarant for the purposes of building Residences on such Lots, and offering such Residences for sale. 1.34 Intentionally Omitted 1.35 "Person" shall mean a natural individual, partnership, company, corporation or any other entity with the legal right to hold title to real property. 1.36 Section 10.1 below. 1.37 above. "Plans" shall mean plans and specifications as further described in "Plat" shall mean the Plat of Liberty Gardens described in A 1.38 "Property" shall mean all of the real property described in Exhibit A to this Declaration and all real property added by amendment of this Declaration and/or the Map. Page 5 1.39 "Prorata Share" shall mean, for any particular Owner and for any particular Assessment, an amount equal to the number of Lots owned by an Owner, divided by the total number of Lots subject to that particular Assessment. 1.40 "Reconstruction Assessment(s)"shall mean an Assessment imposed pursuant to Section 12.1 below. 1.41 "Record" or "File" shall mean, with respect to any document, the recordation thereof, and with respect to any map, the filing thereof, in the official Records of King County, State of Washington. 1.42 "Residence" shall mean a single family residential building which is constructed on a Lot, or each dwelling unit within a Townhouse or other structure with a Party Wall between dwelling units located at the common boundary between the Lots. 1.43 "Signs" shall mean any structure, device or contrivance, electric or non-electric, upon or within which any poster, bill, bulletin, printing, lettering, painting, device, or other advertising of any kind whatsoever is used placed, posted, tacked, nailed, pasted or otherwise fastened or affixed. 1.44 "Special Assessment(s)" shall mean an Assessment imposed as a Special Assessment pursuant to any provision of this Declaration. 1.45 "Street" shall mean any public or private street, drive-way lane (if located in a public right of way or Common Area), place or other thoroughfare either as shown on the Map or any recorded survey or plat of the Property, however designated, or as so used as a part of the Common Areas. 1.46 Intentionally Omitted 1.4 7 "Turnover Date" shall mean the earlier of (i) ten (I 0) years from the date hereof, or (ii) the date the last of the Lots has been conveyed by Declarant to another Owner; provided, however, that Declarant may accelerate the Turnover Date by recording a written notice surrendering Declarant's Development Rights arising under this Declaration. 1.48 Section 4.11 below. 1.49 1.50 ARTICLE 2. "Working Capital Fund" shall have the meaning ascribed to it in Intentionally Omitted Intentionally Omitted PHASED DEVELOPMENT; DEVELOPMENT RIGHTS 2.1 Subsequent Development. Declarant reserves as a Development Right for itself, its successors and assigns, the right, by adoption of amendments to this Declaration, to subject additional properties to this Declaration or to withdraw undeveloped Page 6 property from it. If the Declarant elects to subject additional property to this Declaration, Declarant shall grant to the Owners of such additional properties all of the rights and benefits to which Members of the Association are entitled. The rights reserved by Declarant in this Section shall be exercised by Declarant at Declarant's sole discretion. 2.2 Consent to Adding or Subtracting Properties. Declarant reserves as a Development Right the right to subject additional properties to this Declaration at any time prior to termination of the Development Period. Declarant reserves as a Development Right the right to withdraw any undeveloped properties from this Declaration at any time prior to termination of the Development Period. Each Owner appoints and constitutes the Declarant as his/her attorney-in-fact to adopt and file amendments to this Declaration necessary to add or subtract such properties. The original Liberty Gardens Owners shall be benefited by any Common Areas on additional property the Declarant elects to add to Liberty Gardens, either through Association ownership and control of said additional Common Areas or by easements of use and enjoyment in favor of said original Owners on said additional Common Areas. The Owners of such property added by Declarant to Liberty Gardens shall have an easement for use and enjoyment of the existing Liberty Gardens Common Areas and shall have all the obligations to pay their prorata cost of maintaining the Common Areas, unless otherwise provided herein. The Declarant shall also have as a Development Right the right to extend existing easements and may create new easements over the Lots still within Declarant's control so as to provide access to and service to the additional properties. Neither the Association nor any Owners shall have any right in any additional property nor shall this Declaration have any effect on such additional property until it is subjected to this Declaration by adoption of an amendment to this Declaration specifically describing such additional property or by addition to the Map of Liberty Gardens. The rights reserved by Declarant in this Section shall be exercised by Declarant at Declarant's sole discretion. 2.3 Rights and Obligations. The Owners of properties added to Liberty Gardens shall be Members of the Association, and shall be entitled to all benefits and subject to all obligations of a Member, including, but not limited to, the right to vote in Association elections and the obligation to pay assessments as set forth herein. 2.4 No Requirement to Include Additional Properties. Nothing contained in this Declaration shall be construed to require the Declarant to subject additional properties to this Declaration. 2.5 Control. The Declarant shall have and hereby reserves as a Development Right for itself, its successors, and assigns, an easement for the right, during the Development Period and any period thereafter in which Declarant is a Lot Owner, to utilize the Common Areas for its business uses and purposes, including, but not limited to, uses and purposes related to the construction, promotion, sale and development of Liberty Gardens. If additional properties are subjected to this Declaration pursuant to this ARTICLE 2, Declarant shall have an easement as described in this Section 2.5 on the Common Areas located therein. Upon termination of the Development Period, said Declarant's easement shall automatically terminate except as to Lots to which the Declarant retains title. Control and the management and Page 7 administration of the Common Areas shall vest in the Association at the end of the Development Period subject to the Declarant's aforementioned rights of use. 2.6 Dedication to Governmental Entities. Until the termination of the Development Period, Declarant reserves as a Development Right the right to withdraw any undeveloped part of the Property from this Declaration and to dedicate, transfer or convey it to any state, county, municipal or other governmental entity any such part of the Property or reserve it for Declarant's use and/or sale. The rights reserved by Declarant in this Section 2.6 shall be exercised by Declarant at Declarant's sole discretion. ARTICLE 3. THE ASSOCIATION 3.1 Formation. The Association has been, or will be, incorporated under the name of Liberty Gardens Homeowners Association, as a non-profit corporation under Revised Code of Washington, Chapter 24.03. Declarant may change the name of the Association if Declarant elects to change the name of the Plat or use a different name for marketing purposes. 3.2 Development Period. Until the termination of the Development Period, the Declarant hereby reserves as a Development Right for itself, its successors or assigns, the power to exercise all of the rights, powers and functions of the Association, or the Board thereof, which Development Right shall be exercised and/or performed solely by the Declarant without further authority from or action by the Members. During the Development Period, the Declarant shall have no obligation to publish financial statements, hold meetings or otherwise account to or consent with the Members, except as required under RCW 64.38 and RCW 24.03, or as expressly required herein. Prior to the termination of the Development Period, the Declarant, acting pursuant to its authority to act on behalf of the Association, shall adopt Bylaws. During the Development Period, Declarant shall have as a Development Right, the sole authority to amend the Bylaws. The Declarant's control of the Association during the Development Period is established in order to ensure that the Property, Community, and the Association will be adequately administered in the initial phases of development and to ensure an orderly transition of Associations operations. Upon termination of the Development Period, administrative power and authority for management of the Common Areas shall pass to the Board of Directors and Members as provided herein and in the Bylaws of the Association. 3 .3 Board of Directors. The Association shall be managed by a Board of Directors, elected or appointed in accordance with this Declaration, the Articles, and the Bylaws of the Association. Notwithstanding the foregoing, the Declarant shall have as a Development Right the right to appoint and remove all members of the Board in its sole discretion until the Turnover Date. The initial Board of Directors shall be: Ashley Johnson Alan Paszek DR Horton 12910 Totem Lake Blvd. NE, Suite 220 Kirkland, Washington 98034 DR Horton Page 8 12910 Totem Lake Blvd. NE, Suite 220 Kirkland, Washington 98034 3 .4 Delegation to Manager. The Board may delegate any of its managerial duties, powers, or functions to any Person or entity. The Board members shall not be liable for any omission or improper exercise by the manager of any duty, power, or function so delegated by written instrument authorized and entered into by the requisite vote of the Board. 3.5 Duties and Powers of Association. The duties and powers of the Association are those set forth in its Articles and Bylaws, together with its general and implied powers as a not for profit corporation, generally to do any and all things that a corporation organized under the laws of the State of Washington may lawfully do which are necessary or proper in operating for the peace, health, comfort, safety and general welfare of its Members, subject only to the limitations upon the exercise of such powers as are expressly set forth in its Articles, its Bylaws, the Plat and in this Declaration. (a) Purposes. Specifically, but not by way oflimitation, the Association shall effectuate the purposes of this Declaration, including but not limited to: (i) adopting and enforcing rules and regulations (through action of the Board pursuant to Section 3.5(c) below); (ii) adopting an operating and capital budget; (iii) controlling and administering the Association's funds, including the levy, collection, and disbursement of Assessments; and (iv) administering and enforcing this Declaration. Subject to any dedications or other provisions of this Declaration, the Association shall have the authority and obligation to establish, manage, repair, and administer the Common Areas. Subject to the approval of any applicable governmental agency and to the approval of the Committee, the Association may at any time, and from time to time, construct, reconstruct, improve, replace and/or restore any Improvement or portion thereof upon the Common Areas, and the Association may construct, reconstruct, improve and/or replace destroyed trees or other vegetation and plant trees, shrubs, ground cover and other landscaping upon the Common Areas. The Association may employ personnel necessary for the effective operation and maintenance of the Common Areas, including the employment oflegal and accounting services. (b) Operating Costs. The Association shall be responsible for the payment of power bills, maintenance, repair, and any other associated operating costs for the Common Areas and the Improvements thereon unless that responsibility is otherwise assigned by this Declaration, the Map or regulations of a governmental agency with jurisdiction over the Plat. ( c) Rules and Regulations. The Board is authorized and empowered on behalf of the Association to adopt rules and regulations governing the use of the Property and the personal conduct of the Members, Owners, and their guests, and to establish penalties for the infraction thereof. 3.6 Priorities and Inconsistencies. In the event of conflicts or inconsistencies between this Declaration and either the Articles or the Bylaws, the terms and provisions of this Declaration shall prevail. Page9 3.7 Membership. An Owner of a Lot shall automatically be a Member of the Association and shall remain a Member until such time as Ownership ceases for any reason, at which time such Membership shall automatically cease. Membership shall be appurtenant to and may not be separated from the Ownership of each Lot. The Owners covenant and agree that the administration of the Property shall be in accordance with the provisions of this Declaration, the Articles, and the Bylaws. Except as may otherwise be provided herein, the rights, duties, privileges and obligations of all Members shall be as set forth in this Declaration, the Articles, and the Bylaws. If the Association is dissolved any interest in real property and any maintenance obligations of the Association shall automatically be transferred in equal and undivided interests to the Owners of each of the Lots. 3.8 Transfer. Membership held by any Owner shall not be transferred, pledged or alienated in any way, except upon the sale or encumbrance of such Owner's Lot and then only to the purchaser or Mortgagee of such interest in such Lot. Any attempt to make a prohibited transfer is void and will not be reflected upon the books and records of the Association. 3.9 Voting Rights. (a) Voting Rights. The right to vote may not be severed or separated from any Lot, and any sale, transfer or conveyance of a Lot to a new Owner or Co-Owners shall operate to automatically transfer the appurtenant vote without the requirement of any expressed reference thereto. An Owner may, by written notice delivered to the Board, designate a voting representative for its voting rights if expressly permitted in the Bylaws. Notwithstanding the foregoing, the voting rights of any Member may be suspended as provided in this Declaration, the Articles, or the Bylaws. Member votes may be tabulated by mail, facsimile, email, or other electronic transmission. (b) Classes of Membership. The Association shall have two (2) Classes of Membership, Class A and Class B, as follows: i. Class A. Class A Membership shall consist of all Owners, other than Declarant. Each Class A Member shall be entitled to one ( 1) vote for each Lot owned. ii. Class B. Membership shall consist of the Declarant. The Declarant shall be entitled to three (3) votes for each Lot owned by Declarant. Class B Membership shall terminate and be converted to Class A Membership on the Turnover Date. ( c) Co-Owners. If an ownership interest in a Lot is held by multiple Persons ("Co-Owners"), the Association shall have no responsibility to accept any vote for such Lot if such vote is disputed among the Co-Owners. ( d) Proxies. Members may vote at any meeting of the Association in person or by proxy. A proxy must be in writing, signed by the designated voting Member for the Lot and filed with the Board in advance of the meeting at which such vote is taken. No Owner Page 10 may revoke any proxy given by a Member to or in favor of a Mortgagee without the prior written consent of the holder of the Mortgagee. 3.10 Rules and Regulations. The Board shall have the power to adopt from time to time and to enforce rules and regulations governing the use of the Property, in addition to the use restrictions contained in this Declaration and whether or not expressly contemplated herein, provided that such rules and regulations shall not be inconsistent with this Declaration. The rules and regulations may not unreasonably differentiate among Owners. The Board 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, and the imposition of fines pursuant to a previously adopted schedule there of. Any such rules and regulations, and/or amendments thereto, shall become effective thirty (30) days after promulgation and shall be mailed to all Owners within thirty (30) days after promulgation. A copy of the rules and regulations in force at any time shall be retained by the secretary of the Association and shall be available for inspection by any Owner during reasonable business hours. Such rules shall have the same force and effect as if set forth herein. ARTICLE 4. ASSESSMENTS 4.1 Creation of the Lien and Personal Obligation of Assessments. Each Owner of a Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association any Assessment duly levied by the Association as provided in this Declaration. Such Assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall also be a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment is made. Each such Assessment, together with interest, costs, late charges, and attorneys' fees (including all such costs and fees incurred in connection with collection of the Assessment), shall also be the personal obligation of the person who was the Owner of such Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to an Owner's successor in title unless the lien for such delinquent Assessments had been Recorded prior to title transfer or unless expressly assumed by the successor in title. When Ownership of a Lot changes, Assessments which have been levied but are not yet due and payable in full shall be prorated between the transferor and the transferee based on a 365-day year. 4.2 Liability for Assessments. The Owner of each Lot shall be personally liable for all Assessments imposed on such Lot pursuant to this Declaration, on a joint and several basis. Declarant shall not be obligated to pay any Assessment levied against any Lots owned by it unless a Residence has been constructed on the Lot and such Residence is occupied. No Owner may exempt himself or herself from liability for his Assessments by abandoning any Lot owned by him or her. 4.3 General Assessments. (a) Association Budget. The Board shall prepare, or cause the preparation of, an operating budget (the "Budget") for the Association for each calendar year. The Declarant shall adopt the initial Budget of the Association. Every Budget shall set forth Page 11 sums required by the Association, as estimated by the Board, to meet its annual Common Expenses. 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 nor more than sixty days after mailing of the summary. Unless at that meeting the Owners of a majority of the votes in the Association are allocated or any larger percentage specified in the governing documents reject 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. General Assessments on each Lot shall commence as follows: (i) for Lots on which Declarant has built a Residence, General Assessments on such Lots shall commence upon the earlier of the Close of Escrow for the initial transfer of such Lot with a completed Residence, or upon the occupancy of such Residence; (ii) for Lots sold by Declarant to a Participating Builder, General Assessments shall commence on the earlier of the date of the Close of Escrow for the Participating Builder's sale of the Lot with a completed Residence, or upon the occupancy of such Residence, but in no event later than one hundred twenty (120) days after the date that the Participating Builder has completed construction of such Residence and/or obtained a certificate of occupancy for the Residence; and (iii) for Lots sold by Declarant to anyone who is not a Participating Builder, General Assessments shall commence on the Close of Escrow. After the Turnover Date, the Members of the Association who are obligated to pay General Assessments based on a particular Budget may reject said Budget at a special meeting of the Association by a Majority Vote. After the Turnover Date, the Board shall not increase the amount of the General Assessments in any year by more than fifteen percent (15%) without a Majority Vote, in addition to the ordinary Budget ratification process. If during the year the Budget proves to be inadequate for any reason, including nonpayment of any Owner's Assessment, the Board may prepare a supplemental Budget for the remainder of the year. A supplemental Budget that results in an increase in an Owner's Assessments shall be ratified pursuant to this Section. Until General Assessments have commenced on all Lots, Declarant shall have the option for each calendar year of either paying an amount equal to the General Assessments which would have been due with respect to the unoccupied Lots owned by it had General Assessments commenced thereon or paying to the Association an amount equal to the excess, if any, of actual expenses of the Association over General Assessments levied. (b) Levy of General Assessment. In order to meet the costs and expenses projected in its Budget, the Board shall determine and levy on every Owner a General Assessment. The Association's Budget shall be divided by the number of Lots to determine the amount of the General Assessment applicable to each Lot. Except as provided in Section 4.3 with respect to unoccupied Lots owned by the Declarant or a Participating Builder, each Owner's Prorata Share of General Assessments shall be calculated by multiplying the number of Lots owned by the Owner by the amount of the General Assessment for each Lot. General Assessments shall be payable in a lump sum annually on the date determined by the Board or may be billed on a quarterly or monthly basis if the Board so elects. ( c) Initial Assessment. At the time of the first transfer of title to a Lot to a purchaser/Owner other than Declarant or a Page 12 Participating Builder, the first purchaser shall pay to the Association at the Close of Escrow, an Initial General Assessment which is in addition to the initial working capital contribution. The Initial General Assessment is the pro-rata amount of the current General Assessment that the Board has assessed against the Lot for the year in which the Lot is purchased, which amount shall be prorated on a 365-day per year basis. The Declarant, its successor or assigns shall not be responsible for paying the balance of the General Assessment which is not paid as the first purchaser's Initial General Assessment, or any other fee or assessment which is assessed or due prior to the termination of the Development Period. The Initial General Assessment is the property of the Association. (d) Amount of General Assessment. After ratification of the Budget by the Owners as set forth in Section 4.3 (a), the Board shall notify the Owners of the amount of the General Assessment payable by each Owner for an Assessment Period at least thirty (30) days in advance of beginning of such Assessment Period. Notice of the General Assessment shall thereupon be sent to each Owner; provided, however, that failure to notify an Owner of the amount of a General Assessment shall not render such General Assessment void or invalid and each Owner shall be obligated for such General Assessment even if no notice is given, and/or notice is given late. Any failure by the Board, before the expiration of any Assessment Period, to fix the amount of the General Assessment hereunder for the next Assessment Period, shall not be deemed a waiver or modification in any respect of the provisions hereof or a release of any Owner from the obligation to pay the General Assessment, or any installment thereof, for that or any subsequent Assessment Period. (e) Assessment Period. The Assessment Period for General Assessments shall be a calendar year. The General Assessment for the preceding Assessment Period shall continue until a new Budget is approved. Upon any revision of the Budget by a supplemental Budget, the Board shall, if necessary, recalculate the General Assessment levied against the Owners and give notice of the same in the same manner as the initial levy of a General Assessment for the Assessment Period. The Assessment Period for any other Assessment shall be as determined by the Board. 4.4 Capital Improvement Assessments. (a) Capital Improvement Work. In addition to the General Assessments authorized by this Article, the Board may levy Capital Improvement Assessments at any time for the purpose of paying the cost of any installation, construction, reconstruction, repair or replacement of any capital improvements ("Capital Improvement Work") in or on a Common Area, or for such other purposes as the Board may consider appropriate. Capital Improvement Assessments shall require a Majority Vote (ifthere are two Classes, Capital Improvement Assessments shall require the Majority Vote ofboth Classes). The total cost of the Capital Improvement Work shall be divided by the number of Lots to determine the amount of the Capital Improvement Assessment applicable to each Lot. Each Owner's Prorata Share of the Capital Improvement Assessment shall be calculated by multiplying the number of Lots owned by the Owner by the amount of the Capital Improvement Assessment for each Lot. Capital Improvement Assessments shall be payable in one lump sum, or in installments, as determined Page 13 by the Board (and as approved by a Majority Vote of each Class). The Association may charge interest on any Capital Improvement Assessment payable in installments, as determined by the Board (and as approved by a Majority Vote of each Class), and such interest shall become part of the installments due. Capital Improvement Assessments may be levied either before or after the Capital Improvement Work is done, in the discretion of the Board. (b) Special Facilities. If the Association determines that costs incurred for Capital Improvement Work are in connection with facilities shared in common by one or more, but fewer than all, of the Lots, then the Capital Improvement Assessment for such Capital Improvement Work shall be assessed only against the Owners of the Lots served by such facilities. In such event, the total cost of the Capital Improvement Work shall be divided by the number of Lots served by such facilities to determine the amount of the Capital Improvement Assessment applicable to each Lot. Each Owner's Prorata Share of such Capital Improvement Assessment shall be calculated by multiplying the number of Lots owned by the Owner by the amount of the Capital Improvement Assessment for each Lot, and shall otherwise be on terms as permitted by this Section 4.4. 4.5 Special Assessments. The Association may levy Special Assessments against one or more Lots as provided in this Declaration. Special Assessments shall be as determined by the Board in accordance with this Declaration. Special Assessments shall be payable in one lump sum, or in installments, as determined by the Board. The Association may charge interest on any Special Assessment, as determined by the Board, and such interest shall become part of the installments due. 4.6 Intentionally Omitted. 4.7 Accounts. Any Assessments collected by the Association shall be deposited in one or more Federally insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. 4.8 Waiver of Homestead or exemption Rights Under Law. Each Owner hereby waives, to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption law in effect at the time any Assessment or installment thereof becomes due and payable pursuant to the terms hereof. 4.9 Records and Financial Statements. The Board shall prepare or cause to be prepared for any fiscal year in which the Association levies or collects any Assessments, a balance sheet and an operating (income/expense) statement for the Association which shall include a schedule of delinquent Assessments identified by the number of the Lot and the name of the Lot Owner; provided, however, such documents need not be prepared by a certified public accountant unless requested by the Board or the Owners by a Majority Vote. The annual financial statement of the Association need not be audited unless (i) the total of all Assessments for the year for all Lots is $50,000 or more, and (ii) the audit is not waived by at least 67% of Class A votes at a meeting of the Association at which a quorum is present. The Page 14 Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expense incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolutions authorizing expenditures of Association funds shall be available after the Turnover Date for examination by any Owner at convenient weekday hours upon reasonable advance notice. 4.10 Certificate of Assessment. A certificate executed and acknowledged by the treasurer or the president of the Association ( or an authorized agent thereof, if neither the president nor treasurer is available) stating the indebtedness for Assessments and charges, or lack thereof, upon any Lot shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate, in favor of all persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or any Mortgagee of a Lot within a reasonable time after request, in Recordable form, at a reasonable fee. Unless otherwise prohibited by law, any Mortgagee holding a lien on a Lot may pay any unpaid Assessments or charges with respect to such Lot, and, upon such payment, shall have a lien on such Lot for the amounts paid of the same priority as the lien of its Mortgage. 4.11 Contribution to Working Capital Fund. In connection with the Close of Escrow for the closing of the sale of each Lot to an Owner other than Declarant, the initial Owner of such Lot (including a Participating Builder who acquires a Lot or Lots from Declarant) shall make a nonrefundable working capital contribution payment to the Association for an initial working capital fund ('Working Capital Fund"), which contribution shall be in an amount equal to Three Hundred Fifty Dollars ($350.00) per Lot (the "initial Working Capital Contribution") or such other amount as the Board determines from time to time is appropriate. The Initial Working Capital Contribution shall not be considered as an advance payment of any Assessments. The Working Capital Fund may be used as determined by the Board. ARTICLE 5. NONPAYMENT OF ASSESSMENTS 5.1 Delinquency. Any installment of any Assessment provided for in this Declaration shall be delinquent, if it is not paid on the due date as established by the Board. With respect to each installment of an Assessment not paid within ten (10) days after its due date, the Board may, at its election, require the delinquent Owner to pay a late charge in the amount set forth in a previously approved schedule thereof which has been delivered to the Owners, together with interest on such delinquent sum at a rate to be determined by the Board, but not to exceed the maximum rate permitted by law, calculated from the date of delinquency to and including the date full payment is received by the Association. If any installment of an Assessment is not paid within thirty (30) days after its due date, the Board shall mail a notice to the Owner and to any Mortgagee of such Owner. The notice shall specify (I) the fact that the installment is delinquent; (2) the amount of the Assessment and any late fees and interest accrued thereon; and (3) that (a) failure to cure the default on or before the date specified in the notice may result in acceleration of the balance of the installments of the Assessments for the then current fiscal year and (b) the Association has the right to record a lien ("Association Lien") against the Owner's Lot for the full amount of the Assessment and related charges. The Page 15 Association shall have the right to accelerate all of the unpaid balance of all Assessments for the then current fiscal year, attributable to that Owner and his Lot or interest therein, after written notice as specified above. Such accelerated Assessments shall be immediately due and payable without further demand. The Association may record a lien against the Owner's Lot and enforce the collection of the Assessments and all charges thereon in any manner authorized by law or by this Declaration. 5.2 Lien and Notice of Lien. Each Owner vests in the Association, or its assigns, the right and power to bring all actions at law or to foreclose an Association Lien provided for in Section 5.1 against an Owner and such Owner's Lot for the collection of delinquent Assessments. No action shall be brought to foreclose said delinquent Association Lien or to proceed under the power of sale herein provided sooner than thirty (30) days after the date a notice of claim of lien is recorded by the Association in the Office of the King County Auditor and a copy thereof is deposited in the United States mail, certified or registered, postage prepaid, to the Owner of said Lot at said Owner's last known address. The notice of claim of lien must contain a sufficient legal description of said Lot, the record Owner or reputed Owner thereof, and the amount claimed, including, at the Association's option, the cost of preparing and recording the notice of claim oflien, interest on said unpaid Assessments and costs of collections, including attorney's fees. Each Owner, by acceptance of the deed for a Lot subject to this Declaration, acknowledges that all liens authorized hereunder are consensual. 5.3 Foreclosure and Sale. Any such foreclosure and sale provided for in Section 5.2 shall be conducted in accordance with the laws of the State of Washington applicable to the exercise of powers of foreclosure and sale of mortgages. The Association, through its duly authorized agents, shall have the power to bid on the Lot at the foreclosure sale and to acquire and hold, lease, mortgage and convey the same. 5.4 Curing the Default. Upon the timely curing of any default for which a notice of claim oflien was recorded by the Association, the Board, or an authorized representative thereof, shall record an appropriate release of such notice upon payment by the defaulting Owner of a fee to be determined by the Board to cover the cost of preparing and recording such release, together with the payment of such other costs, interests and fees as shall have been incurred by the Association by reason of such default. Any purchaser or encumbrancer, who has acted in good faith and extended value, may rely upon such release as conclusive evidence of the full satisfaction of the sums stated in the notice of claim oflien. 5.5 Cumulative Remedies. The Association Lien and right of foreclosure and sale thereunder shall be in addition to, and not in substitution for, all other rights and remedies which the Association, and/or its assigns, may have hereunder, in equity and at law, including, but not limited to, a suit to recover a money judgment for unpaid Assessments, or the suspension of a Member's right to vote until any Assessments unpaid for a period in excess of thirty (30) days are paid. Any institution of a suit to recover a money judgment shall not constitute an affirmation of the adequacy of money damages. Page 16 5.6 Subordination of Association Liens. All sums assessed in accordance with the provisions of this Declaration shall constitute a lien on the respective Lot prior and superior to all other liens, except (I) all taxes, bonds, assessments and other levies or liens which, by law, would be superior thereto, and (2) the lien or charge of any Mortgage of Record made in good faith and for value and recorded prior to the date on which the notice of claim of lien is recorded, subject to the provisions of Section 4.3(a) and ARTICLE 11 of this Declaration. Upon the foreclosure of, or acceptance of a deed in lieu of foreclosure of, such a prior Mortgage, the foreclosure purchaser or deed-in-lieu grantee shall take title free of the lien for unpaid Assessments for all said charges that accrue prior to the foreclosure of deed given in lieu of foreclosure, but subject to the lien hereof for all said charges that shall accrue subsequent to the foreclosure or deed given in lieu of foreclosure. 5.7 Exempt Property. The following property is exempt from the Assessments created herein and shall not be subject to liens for unpaid Assessments: (a) all properties dedicated to and accepted by local public authority; (b) all Common Areas; ( c) all properties the fee title to which is retained by Declarant; and (d) all Lots owned by a Participating Builder for the period which is prior to the earlier of(i) the date of the Close of Escrow for the Participating Builder's sale of the Lot with a completed Residence, or (ii) upon the occupancy of such Residence, but in no event later than one hundred twenty (120) days after the date that the Participating Builder has completed construction of such Residence and/or obtained a certificate of occupancy for the Residence. 5.8 Rights of Board-Waiver of Lot Owners. Each Owner hereby vests in and delegates to the Board or its duly authorized representatives, the right and power to bring all actions at law, including lien foreclosures, whether judicially or by power of sale or otherwise, against any Owner for collection of the delinquent assessments in accordance herewith. Each Owner hereby expressly waives any objection to the enforcement in accordance with this Declaration, of the obligation to pay Assessments as set forth herein. ARTICLE 6. 6.1 EASEMENTS, DEDICATIONS, AND RIGHTS OF ENTRY Easements. (a) Access. Declarant expressly reserves for the benefit of the Association and for the Owners of the Property reciprocal, non-exclusive easements over all of the Common Areas for access to the Lots and other Common Areas. Subject to the provisions of this Declaration and the Plat governing use and enjoyment thereof, such easements may be used by Declarant, its successors, the Owners, and any guests, tenants, and invitees residing upon or temporarily visiting the Property, for walkways, vehicular access, parking, drainage and such other purposes reasonably necessary for use and enjoyment of any Lot in the Property. In addition to the foregoing, each Lot is subject to an easement for encroachments created by construction, settlement, and overhangs as designed or constructed by the Declarant. (b) Maintenance and Repair. Declarant expressly reserves for the benefit of the Association and all agents, officers and employees of the Association non- exclusive easements over the Common Areas and the Lots necessary to maintain and repair the Page 17 Common Areas and to perform all other tasks in accordance with the provisions of this Declaration. There are specifically reserved for the benefit of the Owners easements for the utility services and the repair, replacement and maintenance of the same over all of the Common Areas. Such easements shall be established and used so as not to unreasonably interfere with the use and enjoyment by the Owners of their Lots and the Common Areas. All such easements shall be appurtenant to and shall pass with the title to every Lot conveyed. (c) Utility Easements. Various easements are reserved on the Lots, as provided by the Plat and applicable laws, ordinances and other governrnental rules and regulations for utility installation and maintenance, including but not limited to, underground electric power, telephone, cable television, digital information, water, sewer, gas and drainage and accessory equipment, together with the right to enter upon the Lots at all times for said purposes. Within these easements, no structure, planting, or other material shall be placed or permitted to remain that may damage, interfere with the installation and maintenance of utilities, that may change the direction of flow of drainage channels in the easements, or that may obstruct or retard the flow of water through drainage channels in the easements. Each Owner hereby agrees not to place locks on structures enclosing utility meters or interfere with the access of utility representatives to said meters or easements. The easement area of each Lot, and all improvements thereon, shall be maintained continuously by the Owner of each Lot, except for those improvements for which a public authority, utility company or the Association is responsible within the easement areas. The Owner shall maintain the portion of any utility on the Owner's Lot, or within a private easement for the Owner's Lot, that serves only the Owner's Lot to the point of connection to the portion of the system that serves more than one Lot. The Association shall have an easement for the maintenance, repair, replacement, and restoration of the portions of the easements that serve more than one Lot up to the point of connection to the public system. (d) Walkways and Driveways. There shall be no obstruction, including, but not limited to obstruction by basketball hoops or other similar sporting equipment, of any Streets, walkways, or driveways on or located within the Property which would interfere with the free circulation of foot, bicycle or automotive traffic, except such obstruction as may be reasonably required in connection with repairs of such Streets, walkways, and driveways. Use of all Streets, walkways, and driveways within the Property shall be subject to the reasonable rules and regulations adopted by the Association. The Association may, but shall not be obligated to, take such action as may be necessary to abate or enjoin any interference with or obstruction of Streets, walkways, and driveways, and shall have the right of entry for purposes of removing said interference or obstruction including towing of vehicles that are parked on Streets, driveways or walkways for extended periods or in violation of rules and regulations adopted by the Association or set forth in this Declaration. Any costs incurred by the Association in connection with such abatement, injunction, or corrective work shall be deemed to be a Special Assessment of the Owner responsible for the interference or obstruction. Free use of the Streets, walkways, and driveways and free circulation of foot, bicycle and vehicular traffic are essential elements of Declarant's plan for development of the Property. Page 18 (e) Landscaping Maintenance Easement. Declarant expressly reserves for the benefit of the Association and all agents, officers and employees of the Association non- exclusive easements over the Common Areas and the Lots to perform maintenance of landscaping, including the trimming, watering and fertilization of all grass, ground cover, shrubs or trees, removal of dead or waste materials, or replacement of any dead or diseased grass, ground cover, shrubs or trees, and also including any yard maintenance pursuant to Section 7.3. Notwithstanding the foregoing, each Owner shall be primarily responsible for maintaining the landscaping and yard areas on their respective Lot, as provided in this Declaration. (f) Association's Authority to Grant Easements. The Association, through approval by the Board, shall have the right to grant necessary easements and rights-of- way over the Common Areas to any Person. Further, the Property is subject to any and all easements shown on the face of the Plat. 6.2 Right of Entry. The Association, the Committee and Declarant shall have a limited right of entry in and upon the exterior of all improvements located on any Lot for the purpose of inspecting the same, and taking whatever corrective action may be deemed necessary or proper, consistent with the provisions of this Declaration. However, nothing herein shall be construed to impose an obligation upon the Association, the Committee, or Declarant to maintain or repair any portion of any Lot or any Improvement thereon which is to be maintained or repaired by the Owner. Nothing in this Article shall in any manner limit the right of any Owner to the exclusive occupancy and control over the Improvements located upon his Lot. However, each Owner shall permit access to such Owner's Lot or Improvements thereon by any Person authorized by this Association, the Committee, or Declarant as reasonably necessary, much as in case of any emergency originating on or threatening such Lot or Improvements, whether or not such Owner is present. ARTICLE 7. REPAIR AND MAINTENANCE 7. I Repair and Maintenance Duties of the Association. Following their initial installation, the Association shall maintain, repair, replace, resurface and make necessary improvements to the Common Areas, or shall contract for such maintenance, repair, replacement, resurfacing, and improvements, to keep the Common Areas, including without limitation all improvements thereon, in a good, sanitary, and attractive condition. Such maintenance, repairs, replacement, resurfacing, and improvements shall include, without limitation, maintenance and replacement oflighting, shrubs, trees, vegetation, irrigation systems (if any), Signs, play structures, picnic facilities, playfields and appurtenances and other landscaping improvements located on the Common Areas, repair of and payment for all centrally metered utilities, mechanical and electrical equipment in the Common Areas, to include care and upkeep of any median within the public street rights-of way, repair and maintenance of storm water facilities and equipment (to the extent such maintenance is not performed by the municipality or any utility service provider), and repair and maintenance of all parking areas, walks, and other means of ingress and egress within the Common Areas. All such maintenance, repairs and improvements to the Common Areas shall be paid for as a Common Expense. The Association shall pay all real and personal property taxes and Assessments which shall constitute Page 19 a lien upon any portion of the Common Areas. The Board shall use reasonable efforts to require compliance with all provisions of this Declaration. 7.2 ARTICLE 8. 8.1 COMMON AREA PROTECTION Association Control. The Association shall own fee title to the Common Areas. The Association's appurtenant rights and duties with respect to the Common Areas shall include, without limitation, the following: (a) Limits. The right of the Association to reasonably limit the number of guests, patrons and invitees of Owners using the Common Areas. (b) Rules. The right of the Association to establish uniform rules and regulations pertaining to the use of the Common Areas. (c) Borrowings. The right of the Association in accordance with the Articles, Bylaws and this Declaration, with a Majority Vote of the Owners, to borrow money for the purpose of maintaining and preserving the Common Areas, and in aid thereof to Mortgage any or all of its real or personal property as security for money borrowed or debts incurred, provided that the right of any such Mortgagee of the Association shall be subordinated to the rights of the Owners. ( d) Voting Rights. The right of the Association to suspend the voting rights and right to use the Common Areas by an Owner for any period during which any Assessment against the Owner and his Lot remains unpaid and delinquent for a period not to exceed thirty (30) days for any single infraction of the published rules and regulations of the Association, provided that any suspension of such voting rights or rights to use the Common Areas shall be made only by the Board, after notice and an opportunity for a hearing, if any, as provided in the Bylaws. ( e) Reconstruction. The right of the Association (by action of the Board) to reconstruct, replace or refinish any Improvement or portion thereof upon the Common Areas, in accordance with the original design, finish or standard construction of such Improvement, or of the general Improvements within the Property, as the case may be; and not in accordance with such original design, finish or standard of construction only with a Majority Vote of each Class of Members. ( f) Replacement. The right of the Association to replace destroyed trees or other vegetation and plant trees, shrubs and ground cover, upon any portion of the Common Areas. 8.2 Reserved Rights. Declarant shall have as a Development Right, the right to the nonexclusive use of the Common Areas without charge, for sales and marketing Page 20 purposes, display, advertising, access, ingress, egress and exhibit purposes, which right Declarant hereby expressly reserves for itself and its sales agents and representatives. 8.3 Easements for City and County Use. In addition to the foregoing there shall be, and Declarant hereby reserves and covenants for itself and all future Owners within the Property, easements for public services and utilities, including without limitation, the right of the City of Renton, King County, or other recognized governmental entity or utility purveyors to install, maintain and repair public Streets, Street lights, curbs, gutters and sidewalks, sanity sewer, storm water facilities and water systems, and the right of the police and other emergency and public safety personnel to enter upon any part of the Common Areas for the purpose of enforcing the law. 8.4 Waiver of Use. No Owner may exempt himself from personal liability for Assessments duly levied by the Association, nor release the Lot or other property owned by him from the liens and charges hereof, by waiver of the use and enjoyment of the Common Areas or by abandonment of his Lot or any other property in the Property. 8.5 Trash and Other Debris. No trash, debris, waste, grass clippings, or hazardous waste shall be dumped, deposited, or placed in any Common Areas by any Owner or Occupant. 8.6 Fires. There shall be no fires permitted within the Common Areas except in designated barbeque pits or fire circles while attended and in full compliance with local laws and ordinances. 8.7 Taxes. Each Owner shall execute such instruments and take such action as may reasonably be specified by the Association to obtain a separate real estate tax assessment of each Lot. If any such taxes or assessments may, in the opinion of the Association, nevertheless be a lien on the Common Areas, or any part thereof, they shall be paid by the Association and each Owner shall be obligated to pay or to reimburse the Association for, as the case may be, the taxes and assessments assessed by the County Assessor or other taxing authority against the Common Areas and attributable to such Owner's Lot and interest in the Common Areas. 8.8 Permissive Use. Any Owner may permit an Occupant to use the Common Areas in the same manner as an Owner. All Owners shall be responsible for informing any Occupants of the contents of this Declaration and the rules regarding the Common Areas, and shall be responsible for requiring its Occupants to comply with this ARTICLE 8. No Owner, guest, Occupant, invitee, or licensee shall conduct or allow others to conduct any offensive or obnoxious activities within the Common Areas. ARTICLE 9. ARCHITECTURAL CONTROL COMMITTEE 9.1 Committee. An Architectural Control Committee ("Committee") consisting of three (3) Committee members is hereby created with the rights and powers set forth in this Declaration; provided, however, that at Declarant's sole discretion until the Turnover Page 21 Date, the Committee may consist of fewer than three (3) members to be appointed by the Declarant until the Turnover Date. Committee members shall not be entitled to compensation for their services hereunder unless authorized by vote of two-thirds (2/3) of the Board. Declarant shall have the right and power at all times to appoint or remove the Committee members or to fill any vacancy on such Committee until the Turnover Date; provided, however, that Declarant may earlier surrender Declarant's rights of appointment to the Board. Any surrender ofDeclarant's rights of appointment shall not be effective until a written notice of such transfer is Recorded. After the Turnover Date, the Board shall have the power to appoint and remove the Committee members. 9.2 Residential Development. Notwithstanding any provision of this Declaration, the approval of the Committee shall not be required for action taken by the Declarant to develop the Property as a residential subdivision, including the initial construction of the Residences and other Improvements. 9.3 Guidelines. The Committee shall have the authority (but shall not be required) to adopt and amend written guidelines to be applied in its review of Plans (defined below) in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering the Property. If such guidelines are adopted, they shall be available to all Members upon request. Approval by the Committee of any Plans shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification, or matter submitted for approval. 9.4 Liability. Neither the Committee nor any of its members (past, present or future) shall be liable to the Association or to any Owner for any damage, loss or prejudice resulting from any action taken in good faith on a matter submitted to the Committee for approval or for failure to approve any matter submitted to the Committee. The Committee or its members may consult with the Association or any Owner with respect to any Plans or any other proposal submitted to the Committee. 9.5 Appeals. After the Development Period, the Board shall serve as an appellate panel to review Committee decisions upon the request of any aggrieved Member. The Board shall develop a procedure by which decisions of the Committee may be appealed. The Board may choose to limit the scope of such appeals and provide time limitations therefore. ARTICLE 10. CONSTRUCTION OF IMPROVEMENTS 10.1 Approval of Plans Required. (a) Plan Submission and Approval. No Improvements shall be erected, placed, altered, maintained or permitted to remain on any Lot by any Owner until final plans and specifications ("Plans") shall have been submitted to and approved by the Committee. Such Plans shall be submitted by the authorized agent, by the builder of such Improvements, or by the Lot Owner. The following information shall be a part of such Plans submitted to the Committee: (a) the location of the proposed structure upon the Lot, (b) the elevation of the structure with reference to the existing and finished Lot grades, ( c) the general design, ( d) the Page 22 interior layout, (e) the exterior finish materials and color, including roof materials, (f) the landscape and exterior lighting plan and (g) any other information required to determine whether the structure conforms with Community standards. (b) Contents of Plans. The Plans shall be of such form and content as may be required by the Committee, but shall in any event include the following: description and sketches of the architectural design concept, including intended character and materials. The design concept, including the size, shape, and character of Improvements, shall be consistent with the Community. In addition, materials in all residential buildings shall be of equal or better quality than those of the other residential buildings in the Community. (c) Requirements. Where applicable, the Plans shall contain no less detail than required by the appropriate governmental authority for the issuance of a building permit. Each Lot must have a private enclosed car shelter for not less than two (2) cars. No Residences shall be altered to provide residence for more than one (1) family per Lot. All roofs must be finished with a minimum thirty (30) year composition material, the color of which shall be approved by the Committee. The exterior finishes on the front of any structures, as well as any paints or stains applied thereto, shall be approved by the Committee. All Residences and other Improvements shall be constructed of new materials, with the exception of "decor" items, such as weathered brick, approved in advance by the Committee in its sole discretion. Fencing, if any, shall be in conformance with the Fence Requirements, a copy of which is attached hereto as Exhibit B unless otherwise approved in writing by the Committee, Lot Owners are allowed to maintain fencing on their lots that was installed by Developer and fences shall be erected so as to not interfere with or obstruct any easements established in this Declaration or on the Plat, unless such interference or obstruction is expressly approved in writing by all beneficiaries of the applicable easement. Front yards of a Lot shall be landscaped in accordance with King County standards and the standards established by the Committee. No structure shall be located on any Lot nearer to the front Lot line or nearer to any side street than the minimum building setback lines adopted by local governmental authorities. Material changes in approved Plans must be similarly submitted to and approved by the Committee. 10.2 Basis for Approval. Approval shall be based upon the conditions of approval for the Plat and the restrictions set forth in this Declaration. The Committee shall not arbitrarily or unreasonably withhold its approval of any Plans so long as they are in compliance with the Plat and the restrictions set forth in this Declaration. The Committee shall have the right to disapprove any Plans submitted hereunder on any reasonable grounds including, but not limited to, any one or more of the following: (a) forth in this Declaration. Restrictions. Failure to comply with any of the restrictions set (b) Information. Failure to include information in such Plans as may have been reasonably requested by the Committee. (c) Code Compliance. Failure to comply with any state or local building codes or rules and regulations for the installation of electric wires and equipment. Page 23 ( d) Guidelines. Failure to comply with any design guidelines adopted by the Board. (e) Incompatibility. Objection on the grounds of incompatibility of any proposed structure or use with existing structures or the surrounding natural environment. (f) Landscaping. Objection to the grading or landscaping plan for any Lot. (g) Design. Objection to the color scheme, finish, proportions, style or architecture, height, bulk or appropriateness of any Improvement. (h) Parking. Objection to the number or size of parking spaces, or to the design of any parking area. (i) Other. Any other matter which, in the judgment of the Committee, would render the proposed Improvements or use inharmonious with the general plan for improvement of the Property or with Improvements located upon other Lots or other Property in the Community. 10.3 Result oflnaction. If the Committee fails to take action (approve, disapprove, comment, request changes, and/or conditionally approve) with respect to Plans submitted to it within sixty (60) days after the same have been submitted, it shall be conclusively presumed that the Committee has approved said Plans; provided, however, that if within the sixty (60) day period the Committee gives written notice of the fact that more time is required for the review of such Plans, there shall be no presumption that the Plans are approved until the expiration of such reasonable period of time as is set forth in the notice. 10.4 Variances. The Committee shall have the authority in its sole discretion to approve Plans which do not conform to the restrictions described herein to (a) overcome practical difficulties, or (b) prevent undue hardship from being imposed on an Owner. However, such variation shall only be approved in the event that the variation will not (a) detrimentally impact the Community or its attractive development, or (b) adversely affect the character of nearby Lots. Granting such a waiver shall not constitute a waiver of the restrictions described herein. I 0.5 Approval. The Committee may approve Plans as submitted, or as altered or amended, or it may grant its approval to the same subject to specific conditions. Upon approval or conditional approval by the Committee of any Plans submitted, a copy of such Plans, bearing such approval together with any conditions, shall be returned to the applicant submitting the same. The Declarant shall have the right to waive the requirement that Plans be reviewed for any Improvements to be constructed by the Declarant. 10.6 Proceeding with Work. Upon receipt of approval of the Plans from the Committee, the Owner to whom approval is given shall, as soon as practicable, satisfy any and all conditions of such approval and shall diligently proceed with the commencement and Page 24 completion of all approved excavation, construction, refinishing and alterations. In all cases, work shall commence within one(!) year from the date of approval, and if work is not so commenced, approval shall be deemed lapsed and revoked unless the Committee, pursuant to written request made and received prior to the expiration of said one (I) year period, extends the period of time within which work must be commenced. 10.7 Completion of Work. Any Improvement commenced pursuant hereto shall be completed within nine (9) months from the date on which the construction of said Improvement began (in accordance with Section I 0.6 above), but such period shall be extended for the period that completion is rendered impossible or would impose an unreasonable hardship due to strike, fire, national emergency, natural disaster or other supervening force beyond the control of the Owner and/or its builder. The Committee may, upon written request made and received prior to the expiration of the nine (9) month period, extend the period of time within which work must be completed. Failure to comply with this Section 10.7 shall constitute a breach of the Declaration and subject the party in breach to the enforcement procedures set forth herein. 10.8 Committee and Declarant Not Liable. Neither the Committee nor the Declarant (nor any officer, director, member, shareholder, partner, employee, agent or representative of the Declarant) shall be liable for any damage, loss or prejudice suffered or claimed by any person on account of: the approval, conditional approval, or disapproval of any Plans, whether or not in any way defective; the construction of any Improvements, or performance of any work, whether or not pursuant to approved Plans; or the development of any Lot within the Property. 10.9 Compliance with Codes/Environmental Laws. Ultimate responsibility for satisfying all state or local building codes or environmental laws shall rest with the Owner and his contractor. The Committee is not responsible for ensuring that Plans it reviews comply with state or local building codes. The Owner shall hold the Committee, its members, and the Declarant harmless from any claims based on (i) the failure of an Improvement constructed based on approved Plans to meet any applicable governmental requirements, (ii) any structural failure of an Improvement constructed based on approved Plans, or (iii) the failure of the Owner or his contractor, by construction undertaken in accordance with approved Plans, to comply with any environmental laws, including, but not limited to, those relating to hazardous waste or underground storage tanks. 10.10 Construction Without Approval. If any Improvement shall be altered, erected, placed or maintained upon any Lot, or any new use commenced upon any Lot, other than in accordance with the approval of the Committee pursuant to the provisions of the Declaration, such alteration, erection, placement, maintenance or use shall be deemed to have been undertaken in violation of this Declaration, and upon written notice from the Committee any such improvement so altered, erected, placed, maintained or used upon any Lot in violation of this Declaration shall be removed or altered, and/or such use shall have ceased, so as to conform to this Declaration. Should such removal or alteration not be accomplished within thirty (30) days after receipt of such notice, then the party in breach of this Declaration shall be Page 25 subject to the enforcement procedures set forth in this Declaration, including those set forth in Section 19.1 below. ARTICLE 11. REGULATION OF OPERATIONS AND USES 11.1 Prohibited Uses. The Property is being developed as a residential development for Residences. No Lot shall be used except for residential purposes; provided, however, that upon written request by an Owner, the Board may allow an Owner to conduct an "in-home business", provided that all business activities are carried on within the Residence and that there are no employees, clients, customers, tradesmen, student, suppliers, or others that come to the Residence in connection with such business. Notwithstanding the foregoing, to the extent required under RCW 64.38.060, operation of an "adult family home" on a Lot shall not be prohibited. No building shall be erected, altered, placed or permitted on the Lots other than Residences, which shall be designed in accordance with the standards set forth in ARTICLE I 0, and which shall not unreasonably interfere with any other Owner's right to enjoy his Lot. The following operations and uses shall not be permitted on any portion of the Property: (a) Single Family Residence. Only one(!) single-family residence ("Residence") may be constructed or permitted to remain on a Lot. (b) Nuisance. No noxious or offensive activity shall be carried on upon any Lot or Common Area, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the Community. (c) Other Items. No structure ofa temporary character, trailer, recreational vehicle, boat, boat trailer, panel truck, bus, camper or camping trailer, tent, shed, shack, basement of any incomplete building, barn or other outbuilding shall be either used or located on any Lot, or on any Street, at any time or used as a residence either temporarily or permanently. No prefabricated buildings or structures of any nature, specifically including mobile homes, shall be moved, placed, constructed or otherwise located on any Lot for any period of time unless approved by the Committee. Temporary buildings or structures allowed during construction shall be removed immediately after construction or upon request of the Committee, whichever occurs first. Notwithstanding the foregoing, Declarant may place construction and sales trailers on any Lot which Declarant owns. Notwithstanding the foregoing, a trailer, boat, RV, camper, shed or other outbuilding may be located on a Lot if screened or located such that it is not visible from the street and approved in advance by the Committee, which approval shall be in the sole discretion of the Committee. (d) Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot except dogs, cats, or other household pets; provided that they are not kept, bred or maintained for commercial purposes; provided further that no more than two (2) dogs or two (2) cats shall be allowed per Lot. Dogs shall be restrained to the Owner's Lot and shall not be allowed to run at large. All animals must be kept as domestic, indoor pets. Leashed animals are permitted within rights-of-way when accompanied by their Owners. Owners shall be responsible for cleaning up any and all of their animals' waste on the Property, including on the respective Owner's Lot. If an Owner fails to clean up their animals' waste, the Association may, Page 26 but shall not be obligated to, take such action as may be necessary to clean up the animals' waste and shall have the right of entry for such purposes. Any costs incurred by the Association in connection with such action shall be deemed to be a Special Assessment of the Owner whose animal(s) created the waste. No animal shall be allowed to make an unreasonable amount of noise or become a nuisance as determined by the Board, at its sole discretion. After notice and an opportunity to be heard, the Board shall have the right to require the removal of any animal from the Lot which it finds in its sole discretion to violate this subsection ( d). (e) Parking. No vehicles shall be permitted to park on the Streets within the Property for a period exceeding twenty-four (24) hours without the prior written permission of the Association. No vehicle may be parked on any Lot, except on designated and approved driveways or parking areas, which areas shall be hard-surfaced. Any additional parking added after the initial landscaping shall be hard surfaces and constructed only in accordance with a site plan approved by the Committee. Only the cars of guests and visitors may be parked on the Streets. All other vehicles shall be parked in garages or on driveways located entirely on a Lot. No vehicle may be parked on a Street ifit interferes with or impedes the flow of traffic and use of the Street by others. (f) Construction. No dirt, debris, or other materials shall be allowed to come off of any Lot onto any Streets, Common Areas, other Lots, or other parts of the Property as a result of any construction or other activities. All Buildings shall be of new construction. No previously used houses or other Buildings shall be moved onto a Lot. The Lot shall be kept clean and clear of debris during construction. No house may be constructed on any Lot by other than a contractor licensed as a general contractor under the statutes of the State of Washington without the prior approval of the Committee. (g) Fences. Fences must comply with all applicable laws and regulations. Fences may be erected on property lines, except that (a) no fence shall be erected between the front of the house and the street. Nothing in this ARTICLE 11 or Section 11.l(g) shall prevent the erection of a necessary retaining wall. No fence, wall, hedge or mass planting shall at any time extend higher than six feet (6') above the ground, except for necessary retaining walls or rockeries which conform to the King County Building Codes. Fences shall conform to the specifications set forth on Exhibit B and incorporated herein by this reference, unless otherwise approved in writing by the Committee. Lot Owners are allowed to maintain fencing that does not comply with Exhibit B, if it was originally installed by Developer. No wire fences shall be used unless approved by the Committee. (h) Lighting. All area lighting shall be designed and positioned to ensure that the light source is not visible from any other house in the development. Decorative holiday lighting shall be removed no later than thirty (30) days after the date of the holiday. (i) Yard Art. No yard pieces or yard art, including but not limited to sculptures, statues, and other freestanding or attached works, whether for decoration or otherwise, more than twelve inches (12") tall or twelve inches (12") wide shall be permitted Page 27 outside of the Residences and within view from the Street without prior written approval of the Committee. 11.2 Condition of Property. Each Owner, at its own expense and at all times, shall keep such Owner's Lot, including the Improvements and appurtenances thereon, in a safe, clean and wholesome condition and shall comply in all respects with applicable governmental, health, fire and safety ordinances, regulations, requirements and directives. The Owner shall at regular and frequent intervals remove at its own expense any rubbish of any character whatsoever that may accumulate upon such Lot. No Improvement upon any Lot shall be permitted to fall into disrepair, and each such Improvement shall at all times be kept in good condition and repair and adequately painted or otherwise finished. 11.3 Nuisances; Hazardous Activities. No odors or loud noises shall be permitted to arise or emit from any Lot or Common Areas so as to render any such property or portion thereof, or activity thereon, unsanitary, offensive or detrimental to any other property in the vicinity thereof or to the Occupants of such property. No other nuisance or unsafe or hazardous activity shall be permitted to exist or operate upon any Lot so as to be offensive or detrimental to any other Lot or to its Owner or Occupants. No firearms shall be discharged within the Property and no explosives of any kind shall be discharged or stored upon any of the Lots or permitted within the Property. No open fires shall be lighted or permitted on the Lots, except in a contained outdoor fireplace or barbeque pit while attended and in full compliance with local laws and ordinances. 11.4 Unsightly Conditions. No Owner shall permit any unsightly condition to exist on his/her Lot. Unsightly conditions shall include, without limitation, litter, trash, junk or other debris; unrepaired vehicles, boats, boat trailers or other trailers; inappropriate, broken, damaged or ugly furniture or plants; non-decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and air conditioning units or other projections placed on the exterior walls of any Building. The Committee, in its sole discretion, may grant a written waiver of this Section, upon written application by an Owner as provided in this Declaration and may require Owner to remove, screen or take other action to remedy conditions deemed unsightly. 11.5 Storage. No storage under decks or overhangs or anywhere else on any Lot which is visible from any point outside the Lot shall be permitted. 11.6 Machinery and Equipment. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot except such machinery or equipment as is usual and customary in connection with the construction (during residential construction only) of an Improvement, appurtenant structure or improvement on a Lot, and machinery and equipment customarily used in the maintenance oflandscaping. 11.7 Signs. No Sign of any kind shall be displayed to the public view on any Lot without the prior written approval of the Board, except (a) customary name and address signs, (b) "For Sale" or "For Rent" signs ofno more than six (6) square feet in size advertising the Lot for sale or rent, which signs must be removed promptly after sale or lease of Page28 the residence, (c) signs required by legal proceedings (and then the sign shall be no larger than eighteen inches (18") by twenty-four inches (24"), unless mandated by statute or court order), ( d) temporary signs for political advertising, garage sales, etc. (and then the sign shall be no larger than four (4) square feet and shall be in place no longer than sixty (60) days), (e) promotional sales signs of the Declarant and/or its agents, and (f) permanent monuments (entry signage) and Common Areas identification signs. 11.8 Grounds; Maintenance of Grounds. The entire front landscaping for each Lot with a Residence thereon shall be installed prior to occupancy in accordance with the Plan submitted to the Committee. The entire landscaping, including the remaining portions of the side and rear yard, shall be installed within six (6) months of the Close of Escrow for the first conveyance. Each Owner shall be responsible for removing the PVC pipe containing the cable connection wires located on their Lot and either burying the cable wires or installing a landscape box and landscaping to screen the cable connection wires and box. Each Owner shall be responsible for the maintenance and repair of all parking areas, driveways, walkways, and landscaping on his Lot as well as maintenance of the landscape strip and street trees adjacent to his Lot. Nothing contained herein shall preclude an Owner from recovering from any person liable therefore damages to which such Owner might be entitled for any act or omission to act requiring an expenditure by the Owner for the maintenance and repair of the parking area, driveway, walkway, and/or landscaping on Owner's Lot. Such maintenance and repair shall include, without limitation: (a) Parking and Other Areas. Maintenance of all parking areas, driveways and walkways in a clean and safe condition, including paving and repairing or resurfacing of such areas when necessary with the type of material originally installed thereon or such substitute therefore as shall, in all respects, be equal in quality, appearance and durability; the removal of debris and waste material and the washing and sweeping of paved areas as required. (b) Lighting. Cleaning, maintaining and relamping of any external lighting fixtures, except such fixture as may be the property of any public utility or government body. (c) Landscaping. Landscaping shall emphasize plantings and other features which compliment and enhance the existing character of Liberty Gardens. Maintenance of all landscaping, including the trimming, watering and fertilization of all grass, ground cover, shrubs or trees, removal of dead or waste materials, and replacement of any dead or diseased grass, ground cover, shrubs or trees. ( d) Drainage. Maintenance of all storm water drainage systems, yard drains, and catch basins in their originally designed condition, and in accordance with any governmental requirements. Further, no Owner shall take any action which would interfere with surface water drainage across his Lot either through natural drainage or by drainage easements. The topographic conditions of any Lot shall not be altered in any way that would adversely affect Page 29 or obstruct the approved and constructed storm drain system and surface flows without the written consent of the Committee. (e) Hillsides and Other. Maintenance of all hillsides, slopes and swales in their as designed and completed condition, and which shall not be changed or interfered with without the prior written consent of the Board. 11.9 Remedies for Failure to Maintain and Repair. (a) Remedies. If any Owner shall fail to perform the maintenance and repair required by this Declaration, then the Board after fifteen (15) days' prior written notice to such delinquent Owner, shall have the right, but not the obligation, to perform such maintenance and repair and to charge the delinquent Owner and his Lot with a Special Assessment for the cost of such work together with interest thereon at a rate to be set by the Board from the date of the Association's advancement of funds for such work to the date ofreimbursement of the Association by Owner. If the delinquent Owner fails to reimburse the Association for such costs within ten (l 0) days after demand therefore, the Association may, at any time after such advance, record a claim oflien (which shall be an Association Lien) signed by an authorized agent of the Association for the amount of such charge together with interest thereon and enforce the Association Lien in accordance with the provisions of this Declaration. (b) Nonexclusive Remedy. The foregoing Association Lien and the rights to foreclose thereunder shall be in addition to all other rights and remedies which the Board may have hereunder or in equity or at law, including any suit to recover a money judgment for unpaid Assessments. If any Owner fails to perform such maintenance and repair and, notwithstanding such failure, the Board should fail to exercise its rights and remedies hereunder, then any other Owner, after fifteen (15) days' prior written notice to the Board and such delinquent Owner, shall have the right, but not the obligation, to perform such maintenance and repair and shall have the same rights and remedies with respect thereto as are provided herein to the Board, including the right to Record and enforce a lien in the same manner as the Association. 11.10 Refuse; Storage Areas. No refuse, garbage, rubbish, cuttings or debris of any kind shall be left or deposited upon any Lot unless placed in an attractive container. All outdoor refuse storage areas on each Lot shall be visually screened so as not to be visible from neighboring Lots, Streets, or other Common Areas. 11.11 Utility Lines and Facilities and Satellite Dishes. No facilities, antennae, equipment, wires or other devices for the communication or transmission of signals, power, electrical current, or any other electronic transmission, including without limitation telephone, television, microwave or radio signals, shall be constructed, placed or maintained anywhere in or upon any portion of a Lot, other than within buildings or enclosed structures unless the same shall be contained in conduits or cables constructed, placed or maintained underground or concealed in or under buildings or other enclosed structures; provided, however, that satellite dishes not exceeding twenty-four inches (24") in diameter may be allowed on buildings with the prior written approval of the Committee, and provided, further, that any Page 30 approved satellite dish is placed on the building so as to meet the following standards: (a) the satellite dish is placed in the most discreet location practical as determined by the Committee; (b) the satellite dish is screened from view from adjacent Lots to the extent feasible; and (c) the satellite dish is not visible from the Street in front of the Owner's Lot to the extent possible. Nothing contained herein shall be deemed to forbid the erection or use of temporary power or telephone facilities incidental to the construction or repair of buildings on a Lot. If the provisions of this Section conflict with the provisions of 4 7 CFR Section 1.4000 or other applicable Federal, state or local law, ordinance or rule, the terms of such law, ordinance or rule shall prevail, but the conditions and limitations set forth in this Section shall be enforced o the maximum extent permitted by law. 11.12 Mechanical Equipment; Vehicles. All mechanical equipment, utility meters, storage tanks, air conditioning equipment and similar items shall be screened with landscaping or attractive architectural features integrated into the structure itself, as approved by the Committee. No unlicensed motor vehicles, such as motorcycles; dirt bikes, scooters, and ATV's, shall be permitted to operate on any Street or Lot. No major automotive repairs shall be permitted except for within enclosed garages which are kept closed. The only repairs permitted are occasional casual repairs and maintenance activities such as oil changes. 11.13 Mineral Exploration. No portion of the Property shall be used in any manner to explore for or to remove any steam, heat, oil or other hydrocarbons, gravel, earth, or any earth substances or other minerals of any kind. No excavation or fill shall be made nor shall any dirt be removed from any Lot; provided, however, that this shall not prevent the excavation of the earth in connection with the grading or construction of Improvements within a Lot. Water may be extracted to the extent permitted by all applicable governmental agencies. 11.14 Occupants. Any Owner may delegate to any Occupant the right to enjoy the Owner's Lot. All Owners shall be responsible for informing any Occupants of the contents of this Declaration and the rules regarding the use of such Lot, and shall be responsible for requiring its Occupants to comply with this ARTICLE 11. ARTICLE 12. DAMAGE OR LOSS TO IMPROVEMENTS 12.1 Restoration of Common Areas. Except as otherwise provided in this Declaration, in the event of any destruction of any portion of the Common Areas or any other Improvements insured by the Association, the Association shall restore and repair the same to its former condition, as promptly as practical. The proceeds of any insurance shall be used for such purpose. The Board is authorized to have the necessary documents prepared and executed, and to take such other action so as to effect such reconstruction as promptly as practical. The Common Areas and all other Improvements shall be constructed or rebuilt substantially in accordance with the original construction plans available, with such changes as are recommended by the Committee. In the event that the amount available from the proceeds of such insurance policies for such restoration and repair shall be less than the estimated cost of restoration and repair, a Reconstruction Assessment may be levied by the Board upon the Owners and their Lots in order to provide the necessary funds for such reconstruction over and Page 31 above the amount of any insurance proceeds available for such purpose. Reconstruction Assessments shall be borne by the Owners in the same proportions as their Prorata Share of General Assessments. If, prior to the end of the Development Period, the Common Areas or Improvements thereon are destroyed and the insurance proceeds are less than the estimated cost of repair or reconstruction, the Declarant may elect not to restore or rebuild some or all of the Improvements or Common Areas or may elect to restore or rebuild only those for which the Declarant has received insurance proceeds sufficient to pay all costs associated therewith. Reconstruction Assessments shall be approved and levied in the same manner as Capital Improvement Assessments as set forth in Section 4.4. 12.2 Restoration Obligations of Owners. In the event of the damage or destruction of any portion of a Lot or the Improvements thereon, it shall be the duty of the Owner of such Lot, as soon as may be practical, to repair or replace the damage or destruction or such portion thereof as will render such damage or destruction indiscernible from the exterior of the Lot. Any reconstruction, replacement or repair required by this section shall be in accordance with the original plans and specifications of the Lot or plans and specifications approved by both the Committee and the holders ofMortgage(s) of Record which encumber(s) the Lot. 12.3 Condemnation. In the event that all or any portion of the Common Areas shall be taken or condemned by any authority exercising the power of eminent domain, the condemnation award shall be used to restore the remaining Common Areas, and any balance shall be turned over to the Association. The Board shall have the exclusive right to prosecute any such proceedings; provided, however, that nothing contained herein to the contrary shall prevent an Owner from joining in the proceeding for purposes of claiming that the condemnation action has materially affected said Owner's property. The entire award shall be paid to the Association in trust for the benefit of the Owners. The Board shall distribute the portion of the award not used to restore the Common Areas to the Owners in proportion to their Prorata Share of General Assessments; provided, however, that if a Lot is encumbered by a Mortgage or Mortgages which has or have a provision relating to condemnation, then in-lieu-of distributing the award to the Owner of said Lot, the Board shall distribute the award directly to the Mortgagee of the Mortgage with the highest priority and seniority for distribution or payment in accordance with the terms and conditions of said Mortgagee's Mortgage. ARTICLE 13. PROTECTION OF MORTGAGEES 13.1 Mortgagee Provisions. A breach of any of the provisions, covenants, restrictions or limitations hereof or the Recordation of any Association Lien or the pursuit of any remedy hereunder shall not defeat or render invalid the lien of any Mortgage of Record. The Owners and their Mortgagees may examine the books and records of the Association during all normal business hours, upon serving written notice of such examination on the Board. All of the provisions herein shall be binding upon and effective against any Owner whose title to said Lot is hereafter acquired through foreclosure or trustee's sale. The Mortgagee of any Mortgage of Record on any Lot may file with the Board a written request for written notification from the Association of any default by the Mortgagor of such Lot in the performance Page 32 of such Mortgagor's obligations under this Declaration which is not cured within thirty (30) days, and the Board shall give notice thereof to each such Mortgagee. Each Institutional Lender which holds a Mortgage encumbering any Lot in the Property which obtains title to such Lot pursuant to the remedies provided in such Mortgage, by judicial or non-judicial foreclosure or by deed in lieu of foreclosure, shall take title to such Lot free and clear of any claims for unpaid Assessments or charges against such Lot which accrued prior to the time such holder acquires title to such Lot. The Association shall treat such unpaid Assessments and charges as a Common Expense. ARTICLE 14. DURATION AND AMENDMENT 14.1 Duration. This Declaration shall continue in full force until fifty (50) years from the date hereof unless a Declaration of Termination or Declaration of Renewal is Recorded meeting the requirements of an amendment to this Declaration as set forth in Section 14.2. There shall be no severance by sale, conveyance, encumbrance or hypothecation of an interest in any Lot from the appurtenant Membership as long as this Declaration shall continue in full force and effect. 14.2 Amendment. Notice of the subject matter of a proposed amendment to this Declaration in reasonably detailed form shall be included in the notice of any meeting of the Association at which a proposed amendment is to be considered. The amendment shall be adopted if approved by the vote, in person or by proxy, or written consent, of sixty seven percent (67%) or more of the total voting power of the Association; provided, however, that until the Turnover Date no termination or other amendment shall be effective without the written approval ofDeclarant, in Declarant's sole discretion; and provided further, that no amendment to Section 19.3 below shall be made at any time without the written approval of Declarant, in Declarant's sole discretion. A copy of each amendment which has been properly adopted shall be certified by at least two (2) officers of the Association and the amendment shall be effective when the Certificate of Amendment is Recorded. Notwithstanding the foregoing, any of the following amendments, to be effective, must be approved in writing by the record holders of one-hundred percent (100%) of the aggregate value of Mortgages encumbering the Property at the time of such amendment (provided that any Mortgage holder that falls to submit written notice of approval or disapproval of any such amendment within sixty (60) days of notice from the Association, sent via certified or registered mail with return receipt requested, regarding such amendment shall be deemed to have consented to such amendment): (a) Lien Rights. Any amendment which affects or purports to affect the validity or priority of encumbrances or the rights or protections granted to Mortgagees as provided in ARTICLE 13 or which seeks to modify Section 14.2 hereof. (b) Assessments. Any amendment which would necessitate a Mortgagee after it has acquired a Lot through foreclosure to pay more than its Prorata Share of any Assessments accruing after such foreclosure. ( c) Cancellation. Any amendment which would or could result in a Mortgage being cancelled by forfeiture. Page 33 ( d) Mortgagees. Any amendment which would have a material, adverse effect on any Mortgagee. 14.3 Amendments and Modifications by Declarant. For so long as there is a Class B Member, Declarant acting alone shall have as a Development Right, the right to modify or amend this Declaration or any design guidelines adopted by the Committee; provided, however, that (i) any such modification or amendment of the design guidelines must be within the spirit and overall intention of the Community as set forth herein; (ii) prior to any such modification or amendment Declarant shall obtain the approval of any governmental agency to such modification or amendment where such approval is necessary; and (iii) any modification or amendment shall not provide for any type of non-residential use not presently permitted by this Declaration. Within thirty (30) days after any such modification or amendment by Declarant, Declarant shall deliver a written notice of such modification or amendment to each Owner, which notice shall include a copy of the executed, acknowledged and recorded modification or amendment. ARTICLE 15. LIMITATION OF LIABILITY 15.1 Limitation of Liability. So long as a member of the Board, the Committee, any of the Board's other committees, Declarant or any agent of the foregoing has acted in good faith, without willful or intentional misconduct, upon the basis of information possessed by such person, then that person shall not be personally liable to any Owner, the Association, or to any other person for any damage, loss, or claim on account of any, omission, error, or negligence of such person, except this article shall not apply to the extent such acts, omissions or errors are covered by the Association's insurance. In connection with all reviews, acceptances, inspections, permissions, consents or approvals required or permitted by or from either the Declarant, the Association or the Committee under this Declaration, neither Declarant, the Association, nor the Committee shall be liable to any Owner or to any other person on account of any claim, liability, damage or expense suffered or incurred by or threatened against any Owner or such other person and arising out of or in any way relating to the subject matter of any such review, acceptance, inspection, permission, consent or approval, whether given, granted, withheld or denied. ARTICLE 16. INSURANCE; LOSSES. 16.1 Insurance. The Board shall procure for the Association, and continuously maintain, as a Common Expense, one or more policies of insurance as follows: (a) insurance against property loss or damage by fire or 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, or such other fire and casualty insurance as the Board determines will give substantially equal or greater protection, (b) commercial general liability insurance for the use and ownership of the Common Areas, (c) worker's compensation insurance to the extent required by applicable law, (d) insurance against loss of personal property to the Association by fire, theft, and other losses with deductible provisions as the Association deems advisable, and (e) any other insurance the Board Page 34 deems advisable including, but not by way of limitation, directors' and officers' liability coverage. Such insurance policies shall meet the insurance and fidelity bond requirements for similar projects established by Federal National Mortgage Association, Government 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 by any of the foregoing. All policies shall include an endorsement providing coverage for Directors and Officers of the Association. 16.2 Casualty Losses. In the event of substantial damage or destruction of any Common Area, all applicable insurance proceeds for such damage or destruction shall be paid to the Association for repair, replacement, or other disbursement as determined by the Board. ARTICLE 17. INTENTIONALLY OMITTED ARTICLE 18. INTENTIONALLY OMITTED ARTICLE 19. GENERAL PROVISIONS 19.1 Legal Proceedings. Failure to comply with any of the terms of this Declaration, the Articles, the Bylaws, or any regulations by an Owner or Occupant, his guests, employees, invitees or tenants, shall be grounds for relief which may include, without limitation, an action to recover sums due for damages, injunctive relief, foreclosure of lien, lien, or any combination thereof, which relief may be sought by Declarant, the Association, the Board, or, if appropriate, by an aggrieved Owner. Failure to enforce any provision thereof shall not constitute a waiver of the right to enforce said provision, or any other provision thereof. The Association, the Board, any Owner (so long as such Owner is not at that time in default hereunder), or Declarant shall be entitled to bring an action for damages against any defaulting Owner, and in addition may enjoin any violation of this Declaration by any Owner. Any judgment rendered in any action or proceeding pursuant thereto shall include a sum for attorneys' fees, including attorneys' fees incurred on appeal, in such amount as the Court may deem reasonable in favor of the prevailing party, as well as the amount of any delinquent payment, together with interest thereon at the rate established by the Board therefore from time to time, costs of collection and court costs. Each remedy provided for in this Declaration shall be cumulative and not exclusive or exhaustive. 19.2 Arbitration. Except with respect to the foreclosure ofliens pursuant to this Declaration, any dispute or claim by a party hereto arising under or in connection with this Declaration shall be settled by arbitration in King County, Washington, as set forth in this Section 19.2. Each party will have full access to the courts to compel compliance with these arbitration provisions, or to enforce an arbitration award. In addition, either party may seek injunctive relief, whether or not arbitration is available or under way. The parties to this Declaration acknowledge and agree that the provisions of this Declaration may be specifically enforced. The arbitration will take place pursuant to the arbitration rules and procedures set forth in RCW 7 .04, with a single arbitrator. In any arbitration, the prevailing party shall be entitled to Page 35 reimbursement of its costs, witness fees, and attorneys' fees. The fees charged by the arbitrator and the costs of the proceeding shall be paid by the non-prevailing party. 19.3 Special Declarant Provisions. (a) Arbitration. Any claim by the Association, any Owner, or any Occupant against the Declarant shall be settled by arbitration in King County, Washington, as set forth in this Section 19.3. Such parties shall have full access to the courts to compel compliance with this arbitration provision, or to enforce an arbitration award. The arbitration will take place pursuant to the arbitration rules and procedures set forth in RCW 7.04, with a single arbitrator. In any such arbitration, each party will pay its own costs, witness fees, and attorneys' fees. The fees charged by the arbitrator and the costs of such proceeding shall be borne equally. (b) Amendments. Notwithstanding Section 14.2 above, the following provisions may not be amended at any time without the Declarant's prior written consent: (a) Section 10.8, (b) Section 10.9, (c) Section 19.3, (d) Section 19.8, or (e) ARTICLE 15. In addition to the foregoing, no amendment to this Declaration shall be effective without the Declarant's prior written consent if the effect of the amendment would be to increase any obligation or liability of Declarant to the Owners, Occupants, Members, the Association, or the Board; or to lessen or decrease the Development Rights or any other rights of the Declarant under this Declaration; or revoke, reduce, amend or modify any waivers or releases given in favor of the Declarant under this Declaration. 19 .4 Severability. The provisions hereof shall be deemed independent or severable, and a determination of invalidity or partial invalidity or enforceability of any one provision or portion hereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof. 19.5 Interpretation. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the creation and operation of the Community and for the maintenance of the Common Areas, and any violation of this Declaration shall be deemed to be a nuisance. The article and section headings, titles and captions have been Inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. Unless the context otherwise requires, as used herein, the singular and the plural shall each include the other and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the Person or Persons may require. 19.6 Construction and Sales by Declarant. Nothing in this Declaration shall limit, and no Owner shall do anything which shall interfere with, the right of Declarant to reasonably subdivide or resubdivide any portion of the Property owned by Declarant, or to complete any construction of Improvements on the Lots owned by Declarant and the Common Areas, or to alter the foregoing and its construction plans and designs, or to construct such additional Improvements on such Lots and Common Areas as Declarant deems advisable prior to completion and sale of the last Lot owned by Declarant. Each Owner, by Page 36 accepting a deed of a Lot from Declarant, hereby acknowledges that the activities of Declarant may constitute a temporary inconvenience or nuisance to the Owners, but nonetheless shall be permitted. Such right shall include, but shall not be limited to, erecting, construction and maintaining on the Property such structures and displays as may be reasonably necessary for the conduct ofDeclarant's business or completing the work of disposing of the Lots by sale, lease or otherwise. Declarant may at any time use any Lots owned by Declarant as models or real estate sales or leasing and renting offices. This Declaration shall not limit the right ofDeclarant at any time prior to conveyance of title by deed to the last Lot owned by Declarant to establish on the Lots owned by Declarant and the Common Areas additional easements, reservations and rights- of-way to itself, to utility companies, or to other Persons as may from time to time be reasonably necessary to the property development and disposal of the Lots owned by Declarant. Such easements may be created for the construction, installation, maintenance, removal, replacement, operation and use of utilities, including without limitation sewers, water and gas pipes and systems, drainage lines and systems, electric power and conduit lines and wiring, television, internet, telecommunication, and telephone conduits, lines and wires, and other utilities, public or private, beneath the ground surface ( except vaults, vents, access structures and other facilities required to be above ground surface by good engineering practice), including the right to dedicate, grant or otherwise convey easements for rights-of-way to any public utility or governmental entity for such purposes. In the performance of any work in connection with such utilities, Declarant shall not unreasonably interfere with or disrupt the use of the Common Areas or the facilities located thereon and shall replace and restore the areas and facilities as nearly as possible to the condition in which they were prior to the performance of such work. All or any portion of the rights ofDeclarant hereunder, including but not limited to the Development Rights, may be assigned to any successor or successors to all or part ofDeclarant's respective interest in the Property, by an express written Recorded assignment. 19.7 Owner Liability and Dnty. Each Owner shall indemnify and hold harmless the Association for any injury to any person or damage to the Common Areas or any equipment thereon which may be sustained by reason of the negligence of said Owner or of his guests, employees, invitees or tenants. The damage and costs incurred by the Association as a result thereof shall become a Special Assessment against such Owner and his Lot, and shall be subject to levy, enforcement and collection in accordance with the Association Lien procedure provided for in this Declaration. The Association reserves the right to charge a Special Assessment to such Owner equal to the increase, if any, in the insurance premium directly attributable to the damage or injury caused by such Owner or by the use of the Lot of such Owner. The Association shall hold each Owner harmless from liability for loss or injuries that are covered by insurance then maintained by the Association. 19.8 Association Waiver. Notwithstanding anything herein to the contrary, to the extent that any Owner waives any claims against Declarant, or releases the Declarant from any claim with respect to a Lot, the Common Areas, the Improvements, and/or the Community, then the Association shall be deemed to have likewise released Declarant (and its officers, directors, shareholders, members, partners, employees, agents and representatives) from any claim with respect to such Lot, the Common Areas, the Improvements, and/or the Community on a pro rata basis applicable to each such Lot. Page 37 19.9 No Public Right or Dedication. Nothing contained in this Declaration shall be deemed to be a gift or dedication of all or any part of the Property to the public, or for any public use. 19. IO Indemnification. Each officer of the Association, and each member of the Board, the Committee and any of the Board's other committees, and any agents thereof, shall be indemnified by the Association against all expenses and liabilities (including attorneys' fees and costs) reasonably incurred by or imposed in connection with any litigation or other proceeding by reason of such individual holding a position or office, whether or not such person holds that position at the time the expense or liability is incurred, except to the extent such expenses or liabilities are covered by insurance and except where such person is adjudged guilty of willful misfeasance in the performance of his/her duties. However, that in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interests of the Association. 19.11 Access to Lots. The Declarant, the Committee, the Board, and the Association (and, as applicable, any of their officers, directors, shareholders, members, partners, employees, agents and representatives) may enter upon any Lot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this Declaration. 19 .12 No Third Party Rights. This Declaration is made for the exclusive benefit of the Association, the Board, the Owners, the Members, the Declarant and their successors. This Declaration is expressly not intended for the benefit of any other Person besides the Association, the Board, the Owners, the Members, the Declarant and their successors. No third party shall have any rights under this Declaration against any of the Association, the Board, the Owners, the Members, the Declarant and their successors. 19.13 Notices. Except as otherwise provided in this Declaration, in each instance in which notice is to be given to an Owner, the same shall be in writing and may be delivered personally to the Owner, in which case personal delivery of such notice to one or more Co-Owners of a Lot or to any general partner of a partnership owning a Lot shall be deemed delivery to all Co-Owners or to the partnership, as the case may be. Personal delivery of such notice to any officer or agent for the service of process on a corporation shall be deemed delivery to the corporation. In lieu of the foregoing, such notice may be delivered by regular United States mail, postage prepaid, addressed to the Owner at the most recent address furnished by such Owner to the Association or, if no such address shall have been furnished, to the street address of such Lot. Such notice shall be deemed delivered forty-eight ( 48) hours after the time of such mailing, except for notice of a meeting of Members or of the Board in which case the notice provisions of the Bylaws shall control. Any notice to be given to the Association may be delivered personally to any member of the Board, or sent by United States mail, postage prepaid, addressed to the Association at such address as shall be fixed from time to time and circulated to all Owners. Dated: __________ _ Page 38 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) Declarant: SSHI LLC, a Delaware limited liability company dba DR Horton By: SHLR of Washington, Inc., a Washington corporation, its manager By: ____________ _ Tia Brotherton Heim, Vice President THIS IS TO CERTIFY that on this __ day of , 2014, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came Tia Brotherton Heim, personally known or having presented satisfactory evidence to be Vice President ofSHLR of Washington Inc., the Washington corporation that is the manager ofSSHI LLC, a Delaware limited liability company dba DR Horton, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS MY HAND and official seal the day and year in this certificate first above written. Print Name: ------------ Notary Public in and for the State of Washington, residing at Expiration Date: __________ _ Page 39 Exhibit A Legal Description to Declaration TRACTS 5 AND 6, BLOCK 4, CEDAR PARK FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 91, RECORDS OF KING COUNTY, WASHINGTON. Page40 I e'-o" o.c. CHAf.jFERED Exhibit B Fence Specifications 6' TYPICAL FENCE I I l l I -POST CAP i t± I = ~ I ' C: 0 v I ;,, ? 1 I - II ~ ~ I I ·i .·:.t ,- -PROVIDE SPACE FOR SOIL ·-. CLEARANCE BASED ON /. -: .. ,i _.,. .. FINISH GRADE ., L----f"INISH GRADE /'.'. •i "' _----,, FENCE POST w / ---·-· !.IINIMUM 24" BURIAL -- g• -12" DIAMETER CONCRETE FOOTING t,lQIES;_ L TIGHT KNOT CEDAR 2. ALL HARDWARE/FASTENERS TO BE NON-FERROUS • .,. "' 2x4 TOP 1'6 FEN 4x4 TRE CEDAR RAIL OR 1x4 CE BOARD PRESSURE ATE[) POST 2,4 CEDAR TIOM RAIL BO _j < ii: :, ro z: ~ 3. Tl-IE FINISHED SIDE OF Tl-IE FENCE SHALL FACE THE EXTERIOR OF THE LOT 4. ALL FENCES STAINED WITH SHERWIN WILLIAMS WOODSCAPES SEMI-TRANSPARENT CUSTOM COLOR #8086-23490 OR SHALL BE STAINED '111TH AN ALTERNATIVE BRAND AND COLOR AS APPROVED BY THE BOARD DR THE ACC DA TE: 9/23/13 Page 41 ~-- I I I : i\ 2 I I 500! g- I I l! 3 ' "'""' ,1, I\! --;----' I L..____--!f!I_ 'I' I I '!! 4 '"""' ,------~ ~ 5 ""'"' 'I' I I I I I l! 6 I """' ' 'I' I ' ,i 7 I I SX1I SF I 111 I I I :It 8 ..,, " I I I ll! g .. ,,, l! 10 ""' " 111 I i! I I -U' 11 ""' " 'I' -~J .J...._ -JII' :;t T-,t--. -1------+----i~-•OO • ,,. --,-.. ,----~,.-----.!!_ -~ ~ lit T I : : ·1 I I 35 '• 34 A25SF IT .w1!15F ')!, i ~ I .[ ,lf,, --: t "21 -~ , ott I -" I '7 ';Pt ___ ,,__ • I -f60'------- I ~ I I ----~ :-----·1 • 32 • _,,, 'l ' I 11 ~-::----.__ & ____ , H l ~, 1" ·;.-~ 33 !!OM Sf --fOB' ---r I • ft,~\ I I I ' ' ~ ~ ~ j 29 -" . ff/11------ ' _,., -1~ 22 -~-~ I ' ~l 28 1 t 23 (-t __ .,.,, ___ , ___ ""'" -I ·r ,., 1+ "" -I I ~ 27 I 24 ,oooSF I . ~SF" i•t ~ ----. ----------+--- ---" __ .,. I I l I i-~\ '\.\\ ~~ I I \ ', ', I J i I ',\ \\~"' \\'\ \ RECREATION TRACT 17,IWJ SF ,#, "' PROPOSED MAI. 90X LOCA 710N I i \ I I \ l~ .. ~~ I I 11 ,. ' ... \~\ -. '!> 051 STORM TRACT ,..,. " 1.11' m· -------NB8"2~ 110.56" 1i ' I- t, _p·_ " I ~: I -~---:. 13 ,,,,,,,, I I -108'--- 14 ""'" I ________ _J ---~---~ J ~ : l _,, I ~r --_,,.._ _ 16 """ ----KlP'-- 17 .... " ! I I I __ J roo'---- 20 77411 SF _L .=: ff__-· ---~ pi -TY 8'IJf<MRY (rrP.) I /"° • !-~ _I" -1 i~ g " " I~ ,~ a G ' " ,~ ,--\) ' ~ "i, ' I '-~ ·\>\c,Hl,;,i.,d (~:-~· }~Jo ·9§)? / / _ _.,, J BRASS DISK IN ccwc:RfT[ AKXWWENT 1H 1HE Jl,IJERS[CJlC,. MERIDIAN, HPGH BJ/91 PfR KING COUNTY SURVEY CCWTRCl 8ASIS OF BEARJNt;S: TH£ S. t.n. CE TH£ S£ 1/4, SEC. 14-r2JN-RSE, W.M BfAR UGAL DESCRIPTION:. TRACTS 5 AAD 6, BLOCK 4 CEDAR PAAK FIi£ .4CR£ TRACi 15 OF PU.15, PAGE 91, r~ KING COUNTY. WASHINGTON. f\ -j. r: .... .) . .,/'. -:; ...-,_; "· ~ ~( le ,--:· '>-r r ,/ --· (': ,--,,. I". "• c;., f:, ~ ,· ( ~ ? ). ~ __, '1 J (' ,,~ tf \y RECEIPT EG00029706 BILLING CONTACT Kyle Lublin DR Horton 12910 TOTEM LAKE BLVD NE, 220 KIRKLAND, WA 98034 REFERENCE NUMBER FEE NAME LUA14-001417 PLAN -Final Plat Fee Technology Fee Printed On: 10116/2014 Prepared By: Rohini Nair TRANSACTION TYPE Fee Payment Fee Payment :<T-":~\ :;· I', + . V/ /) Transaction Date: October 16, 2014 PAYMENT METHOD Credit Card Credit Card SUBTOTAL TOTAL AMOUNT PAID $1,500.00 $45.00 $1,545.00 $1,545.00 Page 1 of 1