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HomeMy WebLinkAbout05/03/2018 - Wilson's Request for Additional Time r Robert and Doravin Wilson (owners) 21703 60th St. E Lake Tapps, WA 98391 May 3, 2018 Mr. Phil Olbrechts Renton Hearing Examiner 1055 S. Grady Way Renton, WA 98057 Ref: (1) Request for Additional Extension Pursuant to Renton Municipal Code 4-7-080 (2) Wilson Park 1 Preliminary Plat LUA 09-140, PP, 12 lots (3) Wilson Park 2 Preliminary Plat LUA 12-013, PP, PUD, 10 lots Dear Sir: We are Robert and Doravin Wilson, owners of the referenced properties. We bought the property of Ref 2, built a home and lived there from 1977 to 2005, raised a family, and now are retired. We are requesting an 11 month extension to the period of validity for Wilson Park 1, from the current date of August 16, 2018 to July 5, 2019 per provisions of the Renton City Code 4-7-080, Paragraph L.2 "Additional Extensions." July 5, 2019 is the current ending date for the period of validity for Wilson Park 2, Ref 3. This extension would allow both projects, referenced above, to be completed and recorded concurrently as one total project, which has been the intent since final engineering approval by the City of Renton in the 2014 time period as one plat of 22 lots. The final engineering design is based on combined development of both plats. This letter explains the unusual circumstances surrounding the two separate preliminary plat applications and the need to combine the two preliminary plats into a single development proposal, thus satisfying the code requirements for an additional extension. The following timeline details the progress of the referenced project: 1. August , 2010— Hearing Examiner approval of Wilson Park 1 Preliminary Plat, City File No. LUA 09-140. This preliminary plat approval was based upon an access and utility easement across adjacent property. A copy of this easement is attached to this letter as Attachment A. 2. October, 2010—Trustee's deed transferring the adjacent property across which we had our access and utility easement pursuant to bank foreclosure. This foreclosure jeopardized access and utility easement rights and thus triggered the need to negotiate acquisition of the adjacent property from the bank to protect access. A copy of that Trustee deed to the bank is attached to this letter as Attachment B. 3. March, 2011—We purchased adjacent property from the bank. A copy of the Bargain and Sale deed to us from the bank is attached to this letter as Attachment C. This acquisition triggered both the need and the opportunity to re-evaluate plat design to develop both parcels with common access, utility and stormwater infrastructure and grading to maximize ability to balance cuts and fills on the combined property. 4. July, 2012— Hearing Examiner approval of Wilson Park 2 Preliminary Plat (the property we acquired from the bank), City File No. LUA 12-013. 5. June, 2014— City of Renton signed and stamped our Final Engineering drawings for Wilson Park 1 and 2 combined as one overall project. A copy of the final engineering drawings is attached as Attachment D. 6. December, 2014—Soos Creek Water District approved and signed design drawings for the overall 22 lot development. Attachment E. 7. July 26, 2015— City of Renton granted a one- year extension for Wilson Park 1 per our request. Attachment F. As this summary timeline and the attached documents demonstrate, we had to buy the Wilson Park 2 property in 2011 because a bank was foreclosing on the previous owner. We found out that our easement rights to put the road across the now Wilson Park 2 property to Wilson Park 1 would be eliminated by the foreclosure. 2 c. These circumstances delayed us in preparing final engineering for Wilson Park 1 for about a year and a half. We hired engineering to file a preliminary plat of the Wilson Park 2 property and began final engineering of the combined properties into one overall development. Combining development of the two parcels facilitated access, grading, utilities and stormwater design as an integrated project. The requested additional extension for Wilson Park 1 validity period will allow Wilson Park 1 and 2 to continue to be linked together for overall development. It has always been planned that the two properties will be constructed together, thereby allowing optimum grading of the roadway slopes and building pads without need for import or export of grading materials. A structural wall is required at the curve linking both properties, and the storm water vault serving both properties is located on Wilson Park 2. These are further illustrations the two properties are interdependent. The two properties have always been marketed together as one total package of 22 lots. Given the interrelated design, including the topographical challenges of the site, we have been unable to successfully market the plat in the original time periods for preliminary plat approval, despite dropping the selling price significantly over the past two years during a time when home and finished lot prices continue to rise dramatically. More interest is now being shown with our current land pricing plus the effect of rising home sales prices. Recent feedback from possible buyers, though, suggest that the timing of completion of the Wilson Park 1 portion of the development before the expiration date of August 16, 2018 is a real concern. We believe, with feedback from buyers, if Wilson Park 1 expiration date of Aug. 16, 2018 can be extended 11 months to July 5, 2019 coinciding with Wilson Park 2 validation, near term sale of the properties can be accomplished. This extension would allow development of both plats, as always intended. With the current lack of inventory of buildable land and new homes, the City of Renton will benefit sooner if we can make this happen. We have spent a very significant amount of time and effort and money to bring these two properties through preliminary plat approval at different times, and 3 then combining them into one project through final engineering and approval by the City of Renton. The unexpected risk to our original access easement caused by the 2010 foreclosure presents the type of unusual and unexpected circumstances that your code specifies for our additional extension request. Obviously, we do not want to lose our investment by allowing Wilson Park 1 period of validity to expire. If Wilson Park 1 expires, Wilson Park 2 can't be built either. The two parcels are combined into one project for final engineering and construction as described above. This linkage between the two plats, one that expires in 2019 and one that expires in 2018 also creates an unusual circumstance beyond our control. We are sincerely asking you for your consideration and approval of this request for an 11 month extension of the period of validity for Wilson Park 1 preliminary plat approval from August 16, 2018 to July 5, 2019. This will synch the deadlines for these two interrelated plats. If you require any of this information to be submitted in the form of a sworn declaration, we would be happy to work with our land use attorney, Jay Derr, to prepare one. However, he indicated that the city code provision for extensions does not require a new evidentiary hearing and thus suggested that for simplicity and because time is of the essence, we submit our request directly. Please let us know if you require any additional information to support our request. Thank You, Robert and Doravin Wilson— Owners (253-208-3263) i7 Cc: Jay P. Derr, C.E."Chip" Vincent, Jennifer T. Henning, Shane Moloney, Ed Prince, Ryan Mclrvin, Steve Beck Attachments: 6 4 q / jj _ �IIII ! 1 I „1 1, 11 11,1 ,111 AFTER RECORDING MAIL TO: 111 f I I ' 1, i Id 11r 1 1 11,1 IpS' ROBERT D.WISON 20080327002018 COMMONWEALTH L EAS 45.00 720 SO, 55TH ST. PROEM OF 004 03/27/2008 15:17 RENTON..WA 98055 KING COUNTY, WA E2338944 03/27/2008 15:06 KING COUNTY, WA TAX 81,429.00 SALE $80,000.00 PAGE001 OF 001 ROAD AND UTILITY EASEMENT - o45/ � ROAD AND UTILITY EASEMENT executed this 24th day of March, 20 8, by and between ERIK DORMAIER. a single man, (hereinafter referred to as "Grantor"), and ROBERT D. WILSON and DORAVIN A. WILSON, husband and wife, (hereinafter referred to as "Grantees"). WHEREAS: Grantor is the owner,in fee simple, of that certain real property situate in the City of Renton,King County,Washington,legally described as follows: The East 317 feet of the West 1,003 feet of the South 318 feet of the Southeast Quarter of the Southeast Quarter of Section 31, Township 23 North, Range 5 East, W.M., in King County, Washington; Said document(s) were filed for record EXCEPT County Road. by Commonwealth Land Title as accommodation (hereinafter referred to as "Parcel A") only. It has not been examined as to proper Tax Parcel Number: 312305-9119-00 execution or as to its effect upon title. AND WHEREAS; Grantees are the owners, in fee simple, of that certain real property commonly known as 720 South 55th Street,Renton,Washington,legally described as follows: Parcel 3, King County Short Plat No. 674217, recorded under Recording No. 7603170525, in King County,Washington. (hereinafter referred to as "Parcel B") Tax Parcel Number: 312305-9125-02 AND WHEREAS; the parties hereto do hereby desire to grant a non-exclusive easement for ingress, egress and utilities over, under, upon, across and through a portion of the said Parcel A, for the benefit of the said Parcel B; Road and Utility Easement-Page 1 44• I v?('..hyo' ,+ 0 r c WITNESSETH _ NOW, THEREFORE, IN CONSIDERATION of the sum of Eighty Thousand and No/100 Dollars, ($80,000.00), and the mutual promises, covenants and agreements contained herein, and the mutual benefits to be derived therefrom, the parties hereto do hereby promise, covenant and agree as follows: 1. Grantor does hereby grant and convey to the owners of the said Parcel B, their heirs, executors, successors and/or assigns, a non-exclusive easement for ingress, egress and utilities over,under, upon,across and through that portion of the said Parcel A, described as follows: An easement for ingress, egress and utilities lying 25 feet on each side of the following described centerline: Beginning at the Southeast Corner of the Southeast Quarter of the Southeast Quarter of Section 31,Township 23 North, Range 5 East,W.M., in King County,Washington; Thence North along the East Line of said Section 31 to the Northeast Corner of the South 318 feet of said Southeast Quarter of the Southeast Quarter of Section 31; Thence West along the North Line of the South 318.00 feet of the said Southeast Quarter of the Southeast Quarter of Section 31, a distance of 497.37 feet to the Point of Beginning of this description; Thence South along a line parallel with the East Line of the East 317.00 feet of the West 1003.00 feet of the Southeast Quarter of the Southeast Quarter of Section 31 to a point on the South Line of said Southeast Quarter of the Southeast Quarter of Section 31 and the terminus of this description, extending and shortening the side lines as to terminate at the property line; EXCEPT County Roads. (hereinafter referred to as "Road and Utility Easement") 2. The parties hereto acknowledge that both Parcel A and Parcel B are being marketed for sale. In the event that both Parcel A and Parcel B are sold to or acquired by the same party or related entities of the same party, then Erik Dormaier, a single man, shall refund to Robert D. Wilson and Doravin A. Wilson,husband and wife, all consideration paid for this Road and Utility Easement. 3. The owners of the said Parcels A and B shall be equally responsible for and shall each pay 50% of the costs and expenses of the installation, maintenance, repair, replacement and/or improvement said Road and Utility Easement until such time as said Road and Utility Easement becomes a dedicated City of Renton Street; provided, the owners of Parcel B shall have no obligation for such costs and expenses until said Road and Utility Easement is being used by them. and for the benefit of said Parcel B;provided further, in the event said Road and Utility Easement is used only for utility purposes, the obligation referred to herein above shall be limited to those related to the utility purposes and shall not include obligations, expenses etc., as relate to ingress and egress. The parties acknowledge their intent to make improvements to said Easement so that the City of Renton will accept said improved right of way as a city street; provided, Robert D. Road and Utility Easement-Page 2 it ac--4‘ Wilson and Doravin A.Wilson shall have no personal liability for any of the aforementioned costs and expenses. 4. The owners of Parcel B shall have the right to grant utility easements over, under and across said Easement to any and all providers including, but not limited to, electrical power, natural gas,water and sewer,cable and other or related utilities etc. 5. The parties hereto shall cooperate in taking all necessary steps in dedicating or otherwise transferring said roadway to the City of Renton as a public right of way as soon as the road improvements have been completed in accordance with the requirements of the City of Renton. And as part of the development of either of the parcels described hereinabove (Parcel A and/or Parcel B), when the said Easement has been dedicated to the City of Renton as a public right of way, then this Easement, with the exception of provisions contained in Paragraph 2 above, and the right of contribution contained in Paragraph 3 above, shall immediately terminate and shall be of no force and effect. 6. Covenant Running with Lands/Attorney's Fees. This Agreement shall be a covenant running with the lands described herein, and shall inure to the benefit of the parties hereto, their heirs, executors, successors and/or assigns. In the event that any party to this Agreement, their heirs, executors, successors and/or assign, retains the services of an attorney to enforce any provision of this Agreement,the prevailing party in such enforcement proceedings shall be entitled to recover their reasonable attorney's fees and costs incurred therein. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the date and year first above written. ERIK DORMAIER ---7?-444L ROBERT D.WILSON DORAVIN A. WILSON Road and Utility Easement-Page 3 • STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, a notary public, Erik Dormaier, to me known to be the individual described in and who executed the within instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes herein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of March, 2008. n * �ySIOkF�,4 y -: ►,.. V`a ,r0�'�q�i4y Print : Craig D. hielbar 4 1 r �� .. _ ca; NOTARY PUBLIC in and for the State of �� � .ov \G la...-; Washington; residing at Puyallup ��-¢�;�,,�8,3 �t�„t0 My Commission Expires: 8/30/2009 r-qi: 1tiwAs�` .: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me, a notary public, Robert D. Wilson and Doravin A. Wilson, to me known to be the individuals described in and who executed the within instrument and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes herein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this L day of March, 2008. V. r 1 .d A ' Printer z'!' rain D. ' uelbar NOTARY PUBLIC in and for the State of //�N9 �iRr'8 300 �'?� Washington,residing at Puyallup �iirFO" , N`�.Y My Commission Expires: 8/30/2009 Road and Utility Easement-Page 4 i III 1111111111 1111 After recording return to: 20101027000645 Patrick K.McKenzie MARSH MUNDORF TD 64.00 Marsh Mundorf Pratt Sullivan+McKenzie, Pie z�@zelrF1 0e 16504 9th Avenue SE, Suite 203 KING COUNTY, WA Mill Creek, WA 98012 E2464251 10/27/2010 12:00 KING COUNTY, WA TAX SALE $$0. 00 PAGE-001 OF 001 Document Title: Trustee's Deed Reference No. 20061229002003 Grantor: Marsh Mundorf Pratt Sullivan+McKenzie,P.S.C.,Trustee Grantee: Prime Pacific Bank N.A. Legal Des: PTN SEC 31, TWP23 N, R 5 E Assessor Parcel No. 312305-9119-00 TRUSTEE'S DEED The Grantor, Marsh Mundorf Pratt Sullivan + McKenzie, P.S.C., as successor Trustee under that Deed of Trust, as hereinafter particularly described, in consideration of the premises and payment recited below, hereby grants and conveys, without warranty, to Prime Pacific Bank, N.A., Grantee, that real property, situated in the County of King, State of Washington, legally described as follows: THE EAST 317 FEET OF THE WEST 1,003 FEET OF THE SOUTH 318 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31,TOWNSHIP 23 NORTH,RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT COUNTY ROAD 1. This Conveyance is made pursuant to the powers, including the power of sale, conferred upon said Trustee by that certain Deed of Trust between Eric Dormaier, as Grantor, to Prime Pacific Bank.N.A.,as Beneficiary,dated December 22,2006,and recorded on December 29, 2006 under King County Recording No.20061229002003,records of King County, Washington. 2. Said Deed of Trust was executed to secure, together with other undertakings, the payment of a promissory note in the principal sum of$785,000.00 with interest thereon, according to the terms thereof, in favor of Prime Pacific Bank, N.A. and to secure any other sums of money which might become due and payable under the terms of said Deed of Trust. 3. The described Deed of Trust provides that the real property conveyed therein is not used principally for agricultural or farming purposes. 4. Default having occurred in the obligations secured and/or covenants of the Grantor as set forth in "Notice of Trustee's Sale" described below, which by the terms of the Deed of Trust made operative the power to sell, the thirty day advance "Notice of Default" was transmitted to the Grantor, or his successor in interest, and a copy of said Notice was posted or served in accordance with law. 5. Prime Pacific Bank N.A., being the holder of the indebtedness secured by said Deed of Trust, delivered to said Trustee a request directing said Trustee to sell the described property in accordance with the law and the terms of said Deed of Trust. 6. The defaults specified in the "Notice of Default" not having been cured,the Trustee, in compliance with the terms of said Deed of Trust,executed and on June 28, 2010 recorded in the office of the King County Recorder, a "Notice of Trustee's Sale" of said property under recording No. 20100628000192. 7. The Trustee, in its aforesaid "Notice of Trustee's Sale" fixed the place of sale at the main entrance, King County Administration Building, 500 Fourth Avenue, Seattle, Washington on October 15,2010, at 10:00 o'clock a.m., and in accordance with law,caused copies of the statutory "Notice of Trustee's Sale" to be transmitted by mail to all persons entitled thereto and either posted or served prior to ninety days before the sale; further, the Trustee caused a copy of said "Notice of Trustee's Sale" to be published between the thirty-fifth and twenty-eighth day before the date of sale,and once between the fourteenth and seventh day before the date of sale; and further, included with this Notice, which was transmitted or served to or upon the Grantor or their successor in interest, a "Notice of Foreclosure" in substantially the statutory form, to which copies of the Grantor's Note and Deed of Trust were attached. 8. During foreclosure, no action was pending on an obligation secured by said Deed of Trust. 9. All legal requirements and all provisions of said Deed of Trust have been complied with,as to acts to be performed and notices to be given,as provided in Chapter 61.24 RCW. 10. The defaults specified in the"Notice of Trustee's Sale"not having been cured eleven days prior to the date of Trustee's Sale and said obligation secured by said Deed of Trust remaining unpaid, on October 15, 2010 the date of sale, which was not less than 190 days from the date of default in the obligation secured, the Trustee then and there sold at public auction to said Grantee, the highest bidder therefore,the property hereinabove described. DATED this 18th day of October,2010. MARSH MUNDORF PRATT SULLIVAN +MCKENZIE,P.S.C. C;30 -0. By:Patrick K.McKenzie,Secretary Trustee STATE OF WASHINGTON ) )ss COUNTY OF SNOHOMISH ) On this day personally appeared Patrick K. McKenzie, to me known to be the person described in and who executed the within and foregoing instrument as Secretary of Marsh Mundorf Pratt Sullivan +McKenzie, P.S.C. and on oath stated that he was authorized to execute said instrument on behalf of the corporation, and acknowledged the same to be the free and voluntary act of said entity,for the uses and purposes therein mentioned. GIVEN under my hand and official seal on October 18th,2010. SvsAN L. Q N07'4RY `m Print name: ,SJ,GS,94 ti) 'u i f� Notary Public in and for the State of o.?0j3 Washington,residing at ot,*tt _ GAO My commission expires: /1—In— /. le'ASHAN SKlwNPtae Pbd&BakWit K,ommiea�eeI Aee6Aee • A± 111111101111111120110317000 3 After recordingjreturn to: NORTH?OINT ESC 0 63.00 72 Robert Wilson and Doravin Wilson 03/17//22011F12:04 21703 60th Si E KING COUNTY, WA Lake Tapps,WA 98391 • E2482673 03/17/2011 12:02 • KING COUNTY, UA TAX $4,455.00 SALE $250,000.00 PAGE-001 OF 001 Reference: 30048506 -326-301 escrow+title order no. BARGAIN AND SALE DEED order �O p�[�,� (p��. THE GRANTORS) Prime Pacific Bank,N.A., a National banking association • for and in consideration of Two hundred fifty thousand and no/100 Dollars ($250,000.00), in hand paid, bargains, sells, and conveys to Robert Wilson and Doravin Wilson, husband and wife • the following described real estate, situated in the County of King,state of Washington: THE EAST 317 FEET OF THE WEST 1,003 FEET OF THE SOUTH 318 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M.,IN KING COUNTY,WASHINGTON; EXCEPT COUNTY ROAD; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. Abbreviated Legal: (Required if full legal not inserted above) PTN OF THE SOUTHEAST QUARTER OF SECTION 31,TOWNSHIP 23 NORTH, RANGE 5 EAST,W.M Tax Parcel Number(s): 3123059119 • • Bargain and Sale Deed Page 1 of 2 LPB-15-05(ltr) (rev. 4/2009) X rA e Dated: March':4. 2011 • Prime Pacific Bank, N.A. X By: 4r O.a- Its:Scn:.r (Jrw pre rti•t }- State of Washington �" County of 51.0[/Of'Y7/5 k' SS• n I certify that I know or have satisfactory evidence that ah'U(-x } is the person who,appeared before me, and said person acknowledged that(he/she) signed this instrument, on oath stated that(he/she) is authorized to execute the instrument and acknowledged it as the ep.160 E 192E.6 , of Prima Pacific Bank, N.A. to be the free and voluntary act of.such party for the uses and purposes mentioned In the instrument. Dated: . -if j O/r Given under my hand and official seal the day and year last above written. Notary Public in nd for the State of IN 1 Residing at o l ` LL 1,1101- My Appointment expires: r�& —// • C. M. PICKRELL NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES JUNE 9,2011 ro 0,n M " NY U 6,.* u°i� E e ) z ZNo '-'_ ::PA PA ¢z 1 c¢ F- zsW® wJNZ i _ o ( pro c'^` �, c,1--h--,:,--) 3oa9 zz53lm zF 3d w=c H t~ W zg $ �=33 � y< Ngj " o . V1 bFnU! 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I i,- ;,`-1, , :.-.,,_-k- ' ' _ -;, •! — ,-, -.1 I (/) '• -.'- ,,, ?- a. Ln i CO i , - w th Denis Law Mayor December 12,2016 Community&Economic Development C.E."Chip"Vincent,Administrator Robert Wilson 21730 60th Street East Lake Tapps,WA 98391 Via email: doravin@comcast.net SUBJECT: Expiration Dates for Wilson Park 1&2 Preliminary Plats(LUA 09-140,PP,and LUA 12-013,PP,PUD) Dear Mr.Wilson, You have requested a letter from the City indicating the period of validity for the Wilson Park 1 Preliminary Plat(LUA09-140)and the Wilson Park 2 Preliminary Plat and Planned Urban Development(PUD)(LUA12-013, PP,PUD). Wilson Park 1. Renton Municipal Code allows for a period of validity of 5 years for Preliminary Plats. However,the Washington State Legislature approved an extension to the period of validity to seven(7)years for plats approved on or after January 1, 2008 and before January 1, 2015. Wilson Park 1 Preliminary Plat was approved by the Hearing Examiner on August 16,2010 and because of the extension provided by the Washington State Legislature,was valid for a total of seven(7)years, until August 16, 2017. In addition,the applicant requested a one-time one- year extension to the preliminary plat,as provided for in Renton Municipal Code. This extension for Wilson Park 1 was granted on July 26,2015. Therefore,Wilson Park 1 Preliminary Plat is valid for a period of eight(8)years and will expire on August 16,2018. Wilson Park 2. Renton Municipal Code allows for a period of validity of 5 years for Preliminary Plats,and allows for applications submitted with the preliminary plat to expire at the same time as the preliminary plat. In addition,the Washington State Legislature approved an extension to the period of validity to seven (7)years for plats approved on or after January 1, 2008 and before January 1,2015. Because the Wilson Park 2 Preliminary Plat and PUD was approved by the Hearing Examiner on July 5,2012, both approvals are valid for a total of seven(7)years, until July 5,2019. The Final Plat and Final PUD must be submitted prior to the expiration of the preliminary approvals. Please also note that the Renton Municipal Code allows for the applicant to request an additional one-year extension if requested at least 30 days prior to expiration and provided the applicant demonstrates that he/she has attempted in good faith to submit the final plat within the approved time period. If you have further questions, please feel free to contact me at 425-430-7286 or jhenning@rentonwa.xov. 1055 South Grady Way,Renton,WA 98057. rentonwa.gov December 12,2016 Page 2 Sincerely, Jennifer T. Henning,AICP Planning Director cc: Chip Vincent,CED Administrator Brianne Bannwarth,Development Engineering Manager Vanessa Dolbee,Current Planning Manager Jan Illian,Plan Reviewer f C:\Userslsmirante\AppData\LocallMicrosoft\Windows\Temporary Internet Files`Content.Outlook\LAOR7PID\Wilson Park I f 1055 South Grady Way,Renton,WA 98057 . rentonwa.gov