The URL can be used to link to this page

Home My WebLink AboutLetter to Mr. Dees re Winsper HOAMarch 14, 2017 VIA US MAIL Mr. Rory Dees RAD Holdings, LLC 1040 W. Lake Sammamish Parkway S.E. Bellevue, WA 98008 Re: Winsper Community Homeowner's Association Dear Mr. Dees: We represent the Winsper Community Homeowner's Association ("Winsper HOA"). I understand that you have requested that the Winsper HOA convey to RAD Holdings LLC ("RAD") an emergency access easement upon the Winsper HOA's Tract H in order to satisfy one of the conditions of the Final Decision Upon Reconsideration by the City of Renton upon the Valley Vue Preliminary Short Plat dated July 11, 2016. 1 further understand that you have based your request upon a note on the face of the plat of Winsper Division 1, recorded on March 14, 1989 (the "Plat Note"). For a number of reasons, we believe that the Plat Note may not require the Winsper HOA to convey such an easement to RAD. Nonetheless, in order to avoid a protracted dispute, Winsper HOA is willing to convey an emergency access easement to RAD upon the following conditions: 1. The easement shall be for emergency access only and only upon Tract H. 2. The easement shall conform to applicable fire access standards of the City of Renton, but shall be constructed with a 12 -foot wide permeable surface material, within a total of 20 foot clearance area. RAD must engage the services of a project design specialist for a 12 foot wide permeable surface fire lane with a buffer zone on each side. The design elements must be consistent with the elements in the Winsper Community and must be presented to the Winsper HOA for approval prior to any construction. DGS or grass pavers are preferred. The emergency access must be at least 6 feet from the property line of tax lot 39 (618 S 32nd Place), which may result in the emergency access lane being 4516-6527-1876v3 0108583-000001 Anchorage I New York Seattle Bellevue Portland Shanghai Los Angeles San Francisco I Washington, D.C. 100% www.dwt.com Suite 2200 ■ DavisWright Third Avenue Ld Seattle, WA 98101-3045 eat Tremaine LLP James A. Greenfield 206.757.8055 tel 206.757.7055 fax Jimgreent7eld n dwt.com March 14, 2017 VIA US MAIL Mr. Rory Dees RAD Holdings, LLC 1040 W. Lake Sammamish Parkway S.E. Bellevue, WA 98008 Re: Winsper Community Homeowner's Association Dear Mr. Dees: We represent the Winsper Community Homeowner's Association ("Winsper HOA"). I understand that you have requested that the Winsper HOA convey to RAD Holdings LLC ("RAD") an emergency access easement upon the Winsper HOA's Tract H in order to satisfy one of the conditions of the Final Decision Upon Reconsideration by the City of Renton upon the Valley Vue Preliminary Short Plat dated July 11, 2016. 1 further understand that you have based your request upon a note on the face of the plat of Winsper Division 1, recorded on March 14, 1989 (the "Plat Note"). For a number of reasons, we believe that the Plat Note may not require the Winsper HOA to convey such an easement to RAD. Nonetheless, in order to avoid a protracted dispute, Winsper HOA is willing to convey an emergency access easement to RAD upon the following conditions: 1. The easement shall be for emergency access only and only upon Tract H. 2. The easement shall conform to applicable fire access standards of the City of Renton, but shall be constructed with a 12 -foot wide permeable surface material, within a total of 20 foot clearance area. RAD must engage the services of a project design specialist for a 12 foot wide permeable surface fire lane with a buffer zone on each side. The design elements must be consistent with the elements in the Winsper Community and must be presented to the Winsper HOA for approval prior to any construction. DGS or grass pavers are preferred. The emergency access must be at least 6 feet from the property line of tax lot 39 (618 S 32nd Place), which may result in the emergency access lane being 4516-6527-1876v3 0108583-000001 Anchorage I New York Seattle Bellevue Portland Shanghai Los Angeles San Francisco I Washington, D.C. 100% www.dwt.com March 14, 2017 Page 2 slightly off center within this easement. Construction of the emergency access improvements within the easement shall occur entirely within Tract H. The easement will convey no rights of use — temporary or otherwise — to any other property within the Winsper Community. 3. Proper drainage must be installed along the downward side of the easement abutting the property line of tax lot 39 and along the shared property line between tax lot 28 and Tract H. 4. RAD must install a fence at the property line dividing Tract H and the RAD property. The fence must have a lockable gate. The design of said fence, gate and lock must conform to Winsper HOA CC&Rs and Renton Regional Fire Authority ("RFA") standards and must be approved by the Winsper HOA and the RFA prior to construction. The gate must be locked at all times unless required temporarily by the RFA. The key is to be held by the RFA only. Winsper HOA, the RAD, or any other current or future owner of that RAD property or Winsper property shall not have or be given a copy of that access key. RAD will be responsible for and shall promptly pay all costs associated with the improvements, including design, development, permitting, legal fees (including reasonable Winsper HOA legal fees) and will pay Winsper HOA $15,000 to establish an endowment fund to cover the cost of future superficial maintenance and miscellaneous administrative fees which need to be paid by the Winsper HOA. RAD shall not allow any statutory liens to be placed on Tract H and shall have no authority to bind Tract H for purposes of any statutory liens. 6. RAD and its successors and assigns shall be solely responsible for the long term maintenance and repair, if necessary, of the emergency access improvements. RAD may request access periodically to inspect such improvements and, if necessary, make repairs. Winsper HOA shall not unreasonably deny such request. 7. RAD shall indemnify, defend and hold Winsper HOA harmless from and against any and all liens, claims, costs, expenses (including attorneys' and experts' fees), injuries or damages arising out of or involving any entry onto Tract H or any construction, use or maintenance activity allowed by the easement. RAD will at all times maintain adequate commercial general liability insurance and will name Winsper HOA as an additional insured. Any such activity shall be undertaken only after securing any necessary permits from the appropriate governmental agencies, if any, and providing Winsper HOA with appropriate certificates of insurance. 48 16-6527-1876v.3 0108583-000001 March 14, 2017 Page 3 8. RAD will preserve and protect all utilities currently occupying Tract H. These include, without limitation, telephone and cable utilities and the drainage system along tax lot 39. 9. RAD will relinquish all other real property interests it may have in the Winsper Community properties, including but not limited to Winsper Tracts H and G, by delivering a quit claim deed to the Winsper HOA. RAD shall also convey to the Winsper HOA a restrictive covenant upon the Valley Vue properties limiting subdivision to two lots as provided in the City of Renton Preliminary Short Plat LUA16-000272. If these conditions are acceptable to RAD, please let me know and I will prepare the necessary documents for your review. Very truly yours, Davis Wright Tremaine LLP G Ja es A. Greenfield cc: N. Lynn Rastelli -Lee, Winsper HOA President 4816-6527-18760 0108583-000001