HomeMy WebLinkAboutLUA-04-091SHEET 2 OF 4
BROOKEFIELD II LUA-03-001-FP
LND-XX-XXXX
A PORTION OF THE NW 1/4 AND THE NE 1/4 OF THE NE 1/4, SEC, 10, TWP, 2.3 N" RGE. 5 E" W.M"
CITY OF RENTON, KING COUNTY, WASHINGTON
~ OF BIARINGS
Ncxro2'42~ BE'J'\IItDt THE WONUWENTS FOUND AT lHE EAST QUARTER AND THE
NORTHEAST SECTION CtIINER OF SECTION 10, TOWNSHIP 23 NMTH. RANGE , EAST., W.W., PER REf'. 1
SURVEYOR'S NOTES
1. ALL nru INFORNA110N SHOWN ON THIS MAP HAS BEEN EXTRACTm FROM
ARST AMERICAN 'TIllE INSURANCE COt.IPANY a'OUtwENT ORD£R NO. "281-0415BOV OAlm .JJNE 24. 2004. IN PREPARING THIS MAP, CORE OESIGN. INC. HAS CONDUCTED NO INDEPENDENT TITLE SEARCH NOR IS CORE DESIGN, INC. AWARE OF' ANY TITlE ISSUES AFFECTlNG THE SUR'VEYEO PROPERTY OTHER THAN THOSE SHO ... ON mE MAP AND Olsa.osm BY REFERENCED FIRST AMERICAN TlTl.E INSURANCE COMP~Y CONWITWENT. ceRE DESIGN. INC. HAS REUED VtHct.LY a.. FIRST AWmCAN trn.E COMPANY REPRES04T"llCIIIS OF niE
lln.£S CO~mmON to PREPARE ntiS SUR'i'EY AND THEREFOR CORE DESIGN. INC. QUAUFIES THE NAP'S ACCURACY AND COMPLETENESS TO THAT EXTENT.
2) AREA OF ENllRE SITE: 2D2.115: s.f'. (4.I!U4± AC.)
3) AREA 01 OEDICATED RIGHT 01 WAY: 21,04&1: S.F. (o.483U: AC.)
... AU. MONUMENTS SHOWN AS FOUND itRE FIElD \/1Snm 1M .aJLY. 2001. UNLESS SHOWN OntERWS£.
4. AU. DISTANCES ARE IN FEET.
B. 'THIS IS A FlELD TRAVERSE SUR'JEY. A Sa<tOA A~ SECOND COYBINED ELECTRONIC TOTAl STAnON WAS USED TO MEASURE THE ANGULAR AND DtsTANCE RElAnONSHIPS BET\I£EN THE CONTROLUNO MONUNENTATlON AS
SHOVM. a.OSURE RATIOS Of THE TRA\'ERSE MET OR EXCEEDED tHOSE SPECIAED IN WAC 332-130-090. DISTANCE MEASURING EQUIPWENT HAS BEEN CCIt.IPARED TO AN N.c.s. BASEIJN[ MTHIN ONE 'I'£AR " THE DATE" THIS SUR'f£Y.
7. niE SECTlON SUBDI't'1S1ON SHO'IIN HEREON IS BASED ON THAT RECORD OF SUR'f£Y BY BUSH, R(E) AND HlTotINGS. RECORDED UNDER RECORDING NO.
98051490CM (REf'. NO.1).
REFERENCES
1. RECORD OF SUR\€Y BY BUSH, RCED AND HIT~INGS, REt. NO. 9805149004.
RESTRICTIONS
1. LOT 13 SHALL BE DEVELOPED WITH ITS fRONT YARD FACING NORlH AND LOTS I., 15 AND HI SHALL BE DE\UOPED WITH FRatH YARDS FACING YreT.
2. A 6 FOOT HIGH saJD FENCE SHALL BE CONS'TRUCTED AND MAINTAINED ALONG THE NORTH BOUNDARY ADJACENT TO NE 11 TH COURT. UNTIL SUCH llME THAT THE ADJOINING PARC[L TO THE NORTH IS DE'laOPED AND THE RDiAlNING HAI.f' STREET IMPROVDiENTS TO NE 11TH COURT ARE: CONSlRUCTEO.
3. ISAQUAH SCHOOl. DISlRICT J.lI1lGATlON FEE BASED ON S2,937.oo PER NEW SINGLE-FAMILY LOT (TOTAl OF' FOUR NEW LOTS) SHALL BE PAID PRIOR TO
BUILJ)ING PERMIT APPROVAl..
•. TRACT 9 !S RESlRICtm TO THOSE USES CONSlS1[NT 'MTH STORM
DRAINAGE OETENTl~ AND OPEN-SPACE, NO RESIDENTlAL D'AEWNG UNIT SHAll. BE CONSTRUCTm WITHIN SAID TRACT.
~ THIS SITE IS SUS.£CT TO THE TERMS AND CONDIT1ONS OF AN ~GNMENT
Of' lEASES AND/OR RENTS AS Dlsa.OSED BY INSTRUMENT RECORDED UNDER RECORDING NO. 20031010001598.
6. THIS SITE IS SUS.£CT TO THE lERMS AND PROV\SlONS OF' AN EAS£WENT TO 'MoillE RIVERS POW£R COWPANY FOR A POLE UNE RIGHT-Of-WAY AS D!Sa.OSED BY INSlRUNENT RECORDED UNDER RECORDING NO. 34779., THE LEGAL DES~lpnON CONTAINED WITHIN SAID INSTRUMENT IS INSUF'F1C1ENT TO DETEFWINE ITS EXACT LOCAnON 'MOON THIS SItE.
7. THIS SITE IS SUS.£CT TO THE TERNS AND PRO\1SONS OF AN EASENtHT
FOR GRADING AS DISO.OSEC BY INSTRUMENT RECORDED UNDER RECORDINO NO. 3263.78.
8. THIS SITE IS SUB.ECT TO THE TERMS AND PRO\1S1QHS OF AN AGREElIENT
AS DISa.OSED BY INSTRUNENT RECORDED UNDER RECORDING NO. !i192792.
9. THIS SITE !S SUBJECT TO THE 1!Rt.IS AND PR0\1S10NS CONTAINED IN CITY OF' RENTON ORDINANa:: NO. 402!5 AS DIsa.OSEO BY INSTRIAtENT RECORDED UNDER RECORDING NO. 8812031."-
10. THIS SITE IS SUB.£CT TO 'THE TERMS AND PRO\1S1ONS CONTAINED IN CITY
OF' RENTON ORDINANCE NO •• 21!5 AS D!Sa.OSED SY INSTRUMENT RECORDED UNDER RECORDING NO. 890504(21)5.
11. THts SITE IS SUS.£CT TO MATTERS Dtsa.OSED BY SURVEY RECORDED UNDER RECORDING NO. 9S10J30SlQll.
SCALE:
~ 50 I
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N. UNE OF' 'THE S. 10 AC. Of tHE N. 20 AC.
OF 'THE E. 1/2 or THE NE. 1/. SEC 10-25-5
UNPLATTED
18
UNPi..ATlED
100' 12 1.3
'j N. LINE SE 1/ •• NW 1/ •• NE 1/., SEC. 10-Z3-5 S. UNE OF THE N. 20 ACRES
or THE E. I/Z or THE NE. 1/4 SEC 10-25-5
N8814'1J·W ~t-~~==:--
OlY or RENTCH ceJlTRCl.
POHT NO. 1845 rout()." ~CR(1r W()IUM(NT 'flint
1/Z" CCJ'P[R PIN Dvm. 1.5
• CASE
DETAIL
~
fOUND 1/2" REBAR WITH RED PlASTIC CAP
STAMPED "PLS 10019".
O.Z·E. OF CORNER
N88'12'IT'tw Z6U.82 J 2
lJ24.10 lJ24.10
N8II'20'02"W 10 " fOUND 2" OIANETER CONCREn: t.4ONUIolENT
W/TACKO~.1.61N
CASE
SUBDIVISION DIAGRAM
N.T.S.
cORE ~DESIGN
Jon H.E. 29ff1 PI. SuIre JOI
8.a. ... , Wa.hIngton 98007
425.885.7877 Faa 425.885.7963
ENGINEERING, PLANNING, SURVEYING
.JOB NO. 03:1.00
SHEET 1 OF 4 BRG OKEFIELD II LUA-03-001-FP
LND-XX-XXXX
A PORTION OF THE NW 1/4 AND THE NE 1/4 OF THE NE 1/4, SEC. 10, TWP. 23 N., RGE. 5 E .. W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
LEGAL DESCRIPnON CITY OP RENTON APPROVAtB
PARCO. k CITY OF RENTON ~LANNINQ l 9UlLDING l PUBlIC WORKS DEPARTt.4ENT
THE SOUTH HAlF OF" THE NCRlHEAST QUARTER OF" THE NORTHYEST QUARTER OF THE NCATlfEAST QUARTER EXAN1NED AND APPRO~ THIS _ DAY OF' '00" 01 SECTION 10. TO\WIISHIP 23 NORTH, RANCE ~ EAST, W .... , IN KINO COUNTY, WASHINGTON.
EXCEPT lHE NDRTH lBS FEET THEREOF' ADWlNlSlRA TOR AND EXCEPT THE '«ST 30 FEET AS CON\£'YED TO KING COUNTY F'OR ROAD BY OEm RECORDED UNDER AUDITOR'S FlLE NO. 3283478. IN KINO COUNTY, WASHINGTON:
PARCO. III CITY OF' RENTON MAYOR
THAT PORlTON OF SEC'TION la, TO'MIISHlP 23 NORTH, RANCE S EAST, W.N., IN KINC COUNTY. WASHINGTON. EXAWINED AND APPRO\'£O THIS _ OAY aF ,004.
DESCRlBED AS FaJ.OYI'S:
~lTON OF mE SOUTH 10 A~ Of THE NORTH 20 AatES or THE EAST HALF OF' THE NORTHEAST QUARTER; L'l'lHC WEST or HONEY CREEK £STATtS. .... "'"
CITY OF RENTON
DEDICATION / CBRTIPICATION EXAMINED AND APPRO't£D THIS _ DAY OF 2004.
KHOW AU. PEOPLE BY 'THESE PRESENTS THAT YIE. THE UNDERSIGNED ONIIERS IN FEE SIMPlE OF' THE LAND HEREBY PlAnED, HEREBY DEa.ARE THIS PlAT AND DEDICATE TO THE USE OF THE PUBUC FORE'JER AU. SlREETS AND aTY CWO< A't'ENUES SHOWN HEREON AND THE USE THEREOF' FOR AU. PUBUC HIGHWAY PURPOSES: AlSO THE RlCHl TO MAKE AlL NECESSARY S1.oPES F'DR CUTS AND F'ILLS UPON THE LOTS AND BLOCKS SH.,... ON THIS PlAT IN THE ORIGINAL REASONABLE GRADING OF' THE STREETS AND A'VOWES SHo~ HEREON, AND FURTHER DEDICATE TO THE USE Of' THE puwe,· ALL THE EASEMENTS SHOYIN ON THIS PLAT F'OR ALL PUBUC PURPOSES AS INDlCA'JD) THEREON, INCLUDING BUT NOT UNITED TO U11U11ES AND DRAINAGE.
lRAtT A IS HEREBY GRANTED AND CONVEVm TO THE BROOKEFIE1.O D HOWEO~ERS ASSOCIATlDN (HOAl UPON CITY OP RENTON FINANCE DIRECTOR'S CERTIPICATE
RECORDING OF tHIS PLAT F~ AcctSS AND UTIUTY PURPOSES. oYltolER$HIP AND MAINTENANCE (INa.uDlNG AU. I HEREBY CERTIFY THAT T}lERE ARE NO OELINQUENT SPECIAl. ASSESSWENTS AND THAT All SPECIAL PRIVATE UTIUTY AND S~ DRAINAGE FAcaJllES) Of' SAID TRACT SHAlL BE THE RESPOHSIBIUTY OF' THE HO .... ~ENTS CERTIFIED TO THE CITY TREASURER FOR ca.LECTlON ON ANY PROPERlY HEREIN CONTAINED DEDl~TED FOR STREETS. AU.EYS OR OtHER PUBUC USES ARE PAID IN FULL.
lRACT B IS HEREBY GRANlED AND CON\iEY£D TO THE BROOKEFlELD II HOt.CEo"ERS ASSOQA nON (HOA) UPON THIS ____ DAY OF' 2004. RECORDING OF THIS PLAT FOR STORN DETENTION PURPOSES. OWNERSHIP AND WAiNTENANCE (INClUDING ALL
PRIVATE STORN DRAIN AND DETEN110N FAClUTlES) OF SAID TRACT SHAU. BE THE RESPONSIBiliTY OF THE HOA.
AN ACCESS EASDlENT OVER lRACT A AND TRACT B IS HEREBY DEOICA TED TO THE CITY OF RENTON fOR THE FINANCE DIRECTOR PURPOSE OF OBSERIJING AND INSPECTING THE PRIVATE DRAINAGE FADUTIES WITHIN SAID lRACTS TO ASSURE THAT THE o'ollHER(S). THDR SUCCESSORS AND ASSIGNS, ARE PRCF£R1.Y OPERATING AND UAiNTAINING SAID FAClUTlES PURSUANT TO AN EHGINE!RING PLAN APPRO\oB) BY THE CITY OF' RENTON FOR THE PROJECT OF BRc:n<EFlELD Il THE CITY OF RENTON SHALL HA\£ THE RIGHT TO ENTER SAID TRACTS TO REPAIR ANY DEFlCENDES Of' THE
DRAINAGE FAClUlY IN THE MNT THE oWNER(S) IS/ARE NEWGENT IN THE MAINTENANCE OF' THE DRAINAGE
FACUTIES. THESE REPAIRS SHALL BE AT THE OYlNER's COST. KING COUNTY FlNANCB DIVISION CBRTIPICATE
TRACT C IS HEREBY (;RANTED AND CONIiEYED TO THE SROOKEflElD a HOMEO~ERS ASSOCIATION (HoA) UPON , HEREBY CERTtFY THAT ALL PROPERTY TAXES ARE PAID. THAT THERE ARE NO DnJNQlJENT SPECIAL RECORDING OF THIS PLAT FDR OPEN SPACE AND VI£Tl.ANDS. oYt'NERSHIP AND MAINTENANCE OF SAID TRACT SHALL BE THE R£SPONSIBlUlY OF THE HO .... ASS[SSM£NTS CERT1F1ED TO THIS OFF'lCE FOR ca..LECTlDN AND. THAT AlL SPEDAL ASSESSWENTS CERTIFIED TO THIS DFACE FOR COLLECTION ON ANY or THE PROPERTY HEREIN CONTAINED. DEDICATED AS STREETS. Al.I..£YS DR FOR OTHER PUBUC USE ARE PAID IN FUU,. IN THE E\9IIT llfAT THE HOA IS DIS5a.vm DR OTHERWISE fAILS TO WEET ITS PROPERTY TAX DBUGATlQNS AS
~~~~ :J...:t~s~~~EN~DO~:~OP~raJ:r~~~N~I=~~:r=~trl::~TMI~~f :"'~TSE~~&l:y THIS ____ DAY IY' '004-
OWNED BY T}lE HoA AND HAI£ THE ATTENDANT FINANCIAL AND WAINTENANCE RESPDNSlBIU11ES.
ICNOW ALL PEOPLE BY THESE PRESENTS, THAT '1£ THE HEREIN BElOW SIGNED o .. ERS IN FEE SIMPLE OF' THE LAND
HEREBY SUBDlIJIDED. HERESY CERTIFY THAT WE HA\'E ESTASUSHED THE SROOKEFIELD a HCJtr,jE~ERS ASSOCIATloN MANAGER, FINANCE DI ... SlON [)[f>IJTY
IN ACCORDANCE WITH WASHINGTON STATE LAW 'I\tI10I IDENTlAES EACH LOT Of THIS PLAT AS A MOIBER OF SAID HOUEo~ERS ASSOCIA.TlON. SAID ASSOCIATION IS SUBLCT iO THE OECl.ARA nON Of COVENANTS AND
RESTRICTIONS FOR THE PlAT OF BRODKEflELD n. AS DlSa.OSED BY INSTRUUENT UNDER KING COUNTY RECORDING NO.
IN WITNESS YfiEREDr WE HAVE SET OUR HANDS AND SEALS. DBPT. OF ASSESSlIBNTS
LANGLEY DEVElOPMENT GROUP, INC. WASHINGTON FIRST INTERNA TlDHAL BANIC EXAUtNED AND APPROVED THIS _ DAY OF '004.
A WASHINGTON CORPORATION
KING COUNTY ASSESSOR OEPU TY ASSESSOR
BY: BY: TAX ACCOUNT Nos. 1023D59099 AND 1023M9198
ITS: ITS:
DECLARATION OP COVENANT
THE OIMiER OF THE LAND EMBRACED 'MlliiN TliIS LONG PlAT. IN RETURN FOR THE BENEFIT TO ACCRUE FROM RBCORDING CERTIPICATE THIS SUBDIVISION, BY SIGHING HEREDN COVENANTS AND HEREBY CON'v£YS THE BENEFICIAl. INTEREST IN THE NEW
EASEMENTS SHovtt ON mls L.ONG PlAT TO ANY AND AlL FU1\JRE PURCHASERS OF THE LOTS. DR Of ANY SUBDIVISION THEREOF. THE COVENANT SHALL RUN WITH THE LAND AS SHOWN ON THIS LONG PLAT. FILED FOR RECORD AT THE REQUEST OF CITY OF R~TON THIS ___ DAY OF' 2004. AT _ MINUTES PAST __ t.!. AND RECORDED IN VOLUME __ CI PLATS. PActS
____ RECORDS OF ICING COUNTY, WASHINGTDN.
DI~:SICl!t CE BECCBC:S !HtI EI £CIlC~:S -
ACKNOWLBDGMBNTS
STATE OF WASHINGTON ) MANAGER SUPERINTENDENT ry RECORDS
)SS COUNTY 01' ____ )
I CER11FY THAT 1 KNOW OR i-tAVE SA11SFACTORY EVIDENCE THAT IS 1HE PERSON 'THAT APPEARED BEFORE ME. AND SAID PERSON AClCNOYUDGED THAT HE/SHE SIGNED THIS
SURVBYOR'S CERTIPICATE INSTRUMENT: ON OAlH STATm THAT HE/SHE WAS AUT}lDRIZED TO EXECUTE THE INSTRUIliENT: AND ACkNOWlEDGED IT AS OF LANGLEY DEVELOPMENT GROUP. INC. A WASHINGTON CORPORATION. TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARlY FOR THE USES AND I. STEPHEN J. SOtRE!,:HEREBY CERTIFY THAT THIS PLAT OF BROOKEFIElD n IS BASED ON AN ACTUAL PURPOSES t.lENllONED IN THE INSTRUt.lENT. SUR\£Y IN SECTION 10. ·TQ'MrtSHIP 2J NDR'TH, RANGE 5 EAST. W ...... KING COUNTY WASHINGTQHj THAT THE COURSES AND DISTANCES ARE SHO'MII CORRE:CTI.Y HEREON, THAT THE MONUt.!ENTS 'Mu. BE SET AND THE LOT CORNERS STAKED CORRECTLY ON WE GROUND; AND THAT I HAVE FULLY COMPUED WITH THE ·. DAlEO: 2004. PROVISIONS OF THE PlATTING R£GULATlONS.
PRINTED NAME: NOTARY pueuc IN AND FDR THE STATE OF WASHINGTON STEPHEN J. sotREI 0.,. ;g~"::.~ RESIDING AT PROFESSIONAl LAND SURIJEYt1t MY APPQNlNENT EXPIRES UCENSE NO. J7555 ~~"~'i'" STATE OF WASHINGTON STATE Of WASHINGTON ) ~ \). )SS COUNTY OF ____ )
\. S1'III • .: :s~t:~~·~~t~=~~A~~~D~~c;ER~J AO<NOVUDCED THAT HE/SHE SIGNED THIS
\ .. ~~ .... ~~ . ..JJ ~~ .nNsTRUWENT:,·at OATH STATED THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT: AND' IIPIRIBs 4 nJoe AOcNO'M..EDG£O IT AS OF WASHINGTON FIRST INTERNATIONAl. BANK, CORE TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY fOR THE USES AND PURPOSES M[NnONED IN THE INSlRU~T. ., J47J J N.£ 29rt1 PI. Suite 10J
f: \~:' .!DATED1· 2004. 8.u.~ Waahlngton 98007
PRINTED NAUE: 425.88.5.7977 Fr:a 42.5.885.7963 NOTARY PUBUC IN AND FOR THE ~DES'GN STATE OF WASHINGTON
(l;l\F~;l' RESIDING AT MY APPOINTMENT EXPIRES ENGINEERING PlANNIN·G SURVEYING .
JOB NO. 03:1.00
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NEIGI-I60Rl-lOOD DETAIL MAP
BROOKEFIELD II
RENTON, WASI-IINGTON
CORE CE&\GN INC., ENGINEERINCi • ~lNCi • 6UR'YeY1NCi
c::oRE NO. 03100 JUl. Y I~. 2004
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BROOKEFIELD II
A PORTION OF THE NW 1/4 AND THE NE 1/4 OF THE NE 1/4, SEC. 10, TWP. 23 N., RGE. 5 E., W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
UNPLAnEO
/ N. LINE OF' THE S. 10 AC. OF THE N. 20 .I.e. OF' THE E. 1/2 OF THE NE. 1/4 SEC 1~-2S-S
NB8"12·'7'"W 3 013
84.72 I t ~ . 215.41
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E-I ~.. SEE DEDlCAnON, SHY. I S I Ul1UTY UoSDtEHT 755U SI. ~ N "... J8&7t SJ. ~ ':l;! SE£ NOT£ 1. ~
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TRACT C
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S0.02 55.02 110."
631.4B "'"' S LINE N. 1/2. SE 1/4, NW 1/4. NE 1/4 SEC 10-2.3-05
H88'4'IJ"W \ ~"l r'tOt-. \
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300.13
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LEGEND DATUM
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N. UNE SE 1/4. NW 1/4.
NE 1/4. SEC. 10-2J-5
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STAIoIPED "PLS IDOlS", o.n. OF' CORNER
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SHEET 4 OF 4
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LND-XX-XXXX
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ED ~~~D~:U~~TOiN R~NAS NAW 88 PER CITY or RENTON SCALE: 1" = 40' SHO .....
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o·
SET TACK IN LEAD W/SHINER "J7!5!5!5" ON PROPERTY LINE EXTENDED 4.7S FEET
I. IN UEU OF' FRONT LOT CORNERS UNLESS
,.' " '.' ' . NOTED OTHERVt1$E. '" @) "~TY' OF ~EN~ S1REET ADORESS
~". ~~~~o~;~~~~fo~'~~~~I~G . '. PLANS ...,' ~:~
aSBl BUIlDING SETBAQ( UNE
BENCHMARK
CITY Of RENTON POINT NO. ISl07, CHISElED SQUARE IN S.£. CORNER CONCRETE IoIAlLBO)( BASE. W. SIDE '42ND AVE". S.t., OPPOSITE HOUSE NO.
12014 EL 472.65 FEET OR (14 .. Ui IoIETER5o)
CITY Of RENTON POINT NO. 2119. BRASS SURF'ACE DISK AT THE INTERSECTION 01 S,t. 128TH ST. AND
t42NO A\fE. 50£. El.. 428.42 FEET OR (129.974
WETERS)
20 ',0 :
cORE ~DESIGN
80 !
lOI I N.E. 29rIJ PI. Sun. la'
s.lI...uor Washlngfan 98007
42.5.88.5.7877 Fax 42.5.885.7963
ENGINEERING. PLANNING· SURVEYING
JOB NO. 03:1..00
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BROOKEFIELD II
A PORTION OF THE NW 1/4 AND THE NE 1/4 OF THE NE 1/4, SEC. 10, TWP. 23 N., RGE. 5 E., W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
30' UNPLAntD
30.01 " / S UNE N. 165 FT OF 51/2. NE 1/4. NW 1/4. NE 1/4 SEC 10-23-05 S------8" ~ Naa,YOo·w 631.41 __ .. -515.22 __
30.01 " NSB"I,l'OO"W -~44.lJ2 -_
~ 514.81 __ -N N.E. 11TH CT. . • • • • 11;.,.." 44.58 ~O.02 50.02 50.02 • •
lP91"J9'J9--~O.02 5O.OJ 50.04 50.04 -•
SHEET 3 OF 4
LUA-03-001-FP
LND-XX-XXXX
:z: 0 ~ e ---~ . N • 50.05 I lo'PfIlVATE-r-lo'PftfYArE-r-VI ~. l-Z4.00
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5002 r ---~:.!~-~-~o~~Etnl I ---30.01 '0.02 50., 5M2 SHT.J I I 50.02 '--. 5O.OJ 50.0+ S' -I -50.04 --'--------r--T "'05 ,
Naar·13•W \ 631.48 -I
30' I I I
S LINE N. 1/2. SE 1/4, NW 1/4, HE 1/4 SEC 10-23-05
PENO'NG I PLATO' BRDOKEfljLD I I I I 27 26 " " I I I
EASIOO!NT NOTES
THE EASDIENTS OEPIClED ON THE MAP SHaTS OF' THIS F'lNAl Pl.A T ARE F'ae THE UWllED PURPOSED USTED BElOW
AND ARE HERmY CON\£YEO F'Cl.l.OWINQ THE RE~DlNG OF THIS ANAL PlAT AS SPEaFlED ACCORDINC TO THE R£S£RVATlQHS USTED BElOW.
THE CJTY OF RENTON SHAlL HA\€ THE RIGHT TO ENTER THE PRlVAlE DRAINAGE EASEWENTS SHO .... HEREON TO
REPAIR I>I4Y DEFlOENCIES OF' THE DRAlNAQ[ FAQUTY IN THE EVENT THE O..,..ER(S) IS/ARE NEQJGENT 1N THE
MAiNlENANCE OF THE DRAINAGE FAOUTlES. ruESE REPAIRS SHALL BE AT THE OIflttER'S COST.
1. AN ~SDlENT IS HEREBY RESER~D, GRANlU) AND CoN'¥'t'YED TO THE aTY rx RENTON, KING COUNTY WATER DlSlRICT NO. 90 AND THEIR RESPECl1VE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EX1[RIOR 10 FEET OF' All LOST AND TRACTS, PARAllEL WITH AND ADJOINING EXISTING DR PROPOSED PUBUC RlGHT-OF'-WAY IN 'Mfl(){ TO INSTALL., LAY, CDNSlRUCT, RENEW, OPERATE AND UAINTAIN UNDERGROUND DISTRIBUTlON SYSTEMS WITH NECESSARY F'ACIUTlES, SIDEWALKS AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY, 'NTH UlIUTY SER'JICES AND SIDEWAU<S. TOCE:1HER WITH THE RIGHT TO ENlER UPON THE LOTS AT All TU~ES FOR THE PURPOSES HEREIN TOGETHER STAlED, NO UNES OR 'MRES F'DR THE TRANSMISSION or ELLCTRIC aJRRENT. OR FOR TEL£PHONE USE. CABLE lELEVISlON, FIRE OR POUCE SIGNAL OR fOR OTHER PURPOSES, SHAlL BE PLACES UPON ANY LOT UNL£SS THE SAME SHAI.I. BE UND£RGROUND OR IN CONDUIT ATTACHED TO A BUILCING.
2. THE 10 F'ooT PRIVATE DRAINAGE EASEUENT SHOWN ON LOT 2 IS TO BE THE BENEFlT Of LOT 1. THE OWNER OF SAlO BENEfITED LOT SHAU. BE RESPC»ISl9l£ fOR THE t.lAlN1ENANCE OF THE PRIVAlE DRAINAGE fAOUTlES WITHIN SAID £ASDIDIT,
.1. THE 10 F'OOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 4 AND 5 IS TO BE THE BENEFIT OF LOTS 3 "NO 4-
TH! O~ERS OF SAID BENEF11lD LOTS SHAU. BE RESPONSIBLE F'OR THE t.lAlNTlNANCE OF' THE PRIVATE DRAINAGE F'AClUTlES MTHIN SAID EASEt.lENT.
4. THE 10 fOOT PRIVATE DRAINAGE EASEWENT SHOWN ON LOTS 7 AND 8 IS TO BE THE BENEfTT OF LOTS IS, 7 AND 9. THE ~ERS OF' SAID BENEF'lTm LOTS SHALL BE RESPONSIBLE fOR THE '-IAINTENANCE OF' THE PRIVATE DRAINAGE FAounES WITHIN SAID EAS£WENT,
5. THE 10 fOOT PRIVATE DRAINAGE (ASOIENT SHO\WII ON LOTS 11 AND 12 IS TO BE THE BENEFIT OF LOTS 10 AND
11. THE O~£RS OF' SAID BENEF'lTED LOTS SHAlL BE RESPONSIBLE FOR THE t.lAlNTENANct:: OF' THE PRIVAlE DRAINAGE F'AOUnES WITHIN SAID EASEMENT.
6. THE 15 fOOT SANITARY 5£WER EASEIroIENT SHOWN ON LOTS 9 AND 10 IS HEREBY RES[R\'(D FOR AND GRANlED TO
THE OTY OF RENTON FOR SANITARY SEWER FACIUTlES. THE CITY OF RENTON IS HEREBY RESPONSIBLE FOR THE MAINTENANCE OF THE PUBUC SANITARY SEYlER FAounES WllWlN SAID EASEMENT.
7. lWE 10 FOOT PRIVATE SANITARY SE'MR EASDIENT SHO .... ON LOT 10 IS TO BE THE BENEFIT OF LOT 11. THE OWNER OF SAID BENEFlTED LOT SHALL BE RESPONSIBLE fOR THE MAINTENANCE OF THE PRIVATE SANITARY SE'M:R fACIUTlES \lTHIN SAID EASDlENT.
8. THE WATER EASENENT 9tOWN ON LOTS 7, e. 9, 10. II, 12, 13 AND TRACT C IS HEREBY RE'5ER\oa) fOR AND GRANTED TO KING COUNTY WATER DISTRICT 90 FOR PUBUC WATER FAClunE5. SAID DISTRICT IS HEREBY RESPONSIBLE F'OR 'THE UAINTENANCE OF THE PUBUC WATER FAOUTlES WITHIN SAID EASOIENT.
9. THE 10 FOOT ACCESS EAS£MENT SHO ... ON LOT 13 IS HERES'f RESER\e) FOR AND GRANTED TO THE CITY Of . RENTON fOR ACCESS PURPOS£S. .
LEGEND
ED SET STANDARD CITY OF RENTON CON~ETE MONUMENT IN <;:ASE AS SHOWN.
SET t/2" )( 24", REeAR W~OW ~ Pl.ASTiC CAP ST ..... F!ED· "CORE 37555"
f.OUHD C<RIIER wa..ui.cM AS NOTED.
R SET TACK IN I..EAD W/SHINER "37S55-ON PROPERTY UNE EXTENDED 4.75 FEET IN UEU OF FRONT LOT CORNERS UNLESS
NOTED O"THERWISE.
@8) : OTY OF RENTON STREET ADDRESS
~ . ~~~~~~ ~~~~~Jk3: ~I~~~~~G '::Jj~ ; ,,,,~~, ~".'(, '.~ / ,';,!: (!:',
DATUM
NAVO 88 PER CITY OF RENTON
BENCHMARK
OTY OF RENTON POINT NO. 1907, CHJSEI..£D SQUARE IN s.£. CORNER CClllCRETE MAILBOX BASE. W. SlOE 142ND AV£..
S.E., OPPOSITE HOUSE NO. 12Q14 EL. 412.68 fEET OR (144.69 • .,ElERS.)
CITY OF RENTCH POINT NO. 2119, BRASS SURF'ACE DISK AT THE INTERSEcnON OF S.E. 128TH ST. AND 142ND AIJ£. S.£. EL. 428.42' FEET OR (129.914 IoCETERS)
I ~ I 22 ~ 20
A !i ~
SCALE: 1"
0 20 '" ! : :
cOilE ~DESIGN
=
"
,
40'
BO !
'471 , N.E. 29m PI. SuIht Jor
S.II • ...., WashIngrort t}8007
.425.885.7877 FaJC 425.885.7963
ENGINEERING PLANNING· SURVEYING
JOB NO. 03:1.00
Return Address:
City Clerk's Office
City of Renton
1055 South Grady Way
Renton, WA 98055
BILL OF SALE
Project File #:
o CITY OF RENTON as PAGE001 OF 002 11/22/2004 10:17 KING COUNTY, UA
Street Intersection:
The Grantor, as named above, for, and in consideration of mutual benefits, hereby grants, bargains, sells and delivers to
the Grantee, as named above, the following described personal property:
WATER SYSTEM: tensth Size ~
SANITARY SEWER SYSTEM:
STORM DRAINAGE SYSTEM:
Length
712.
L.F. of
L.F. of
L.F. of
ea!=h of
ea~h of
each of
L.F.of
L.F.of
L.F.of
each of
each of
each of
"
"
" .. Gate Valves .. Gate Valves
Fire Hydrant Assemblies
Size
8' "
Water Main
Water Main
WaterMaip
Sewer Main
" Sewer Main -,....---. " Sewer Main ==:9W::~~~'" Diameter Manholes
.. Diameter Manholes ---~.. Diameter Manholes
Size
/Z "
"
"
Storm Line
Storm Line
Storm Line
a
/0
L.P.of
L.F.of
L.F.of
each of
each of
each of
" Storm Inlet/Outlet '
Storm Catch Basin ~l~~i;,
STREET IMPROVEMENTS: (Including Curb, Gu~er, Sidewallc, Asphalt Pavement)
Cmb, Gutter, Sidewalk 7:LS L.F.
Asphalt Pavement: ;z.;z.60 SY or ____ L.F.of ____ Width
STREET LIGHTING:
# of Poles 5
By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person
or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, exec tors,
administrators and assigns forever. l/--tJ I G~
H:\FlLE.SYS\FRM\84HNDOUT\BILLSALE.DOC\MAB Page 1
·'
Form 84 OOOllbh
IN WITNESS WHEREOF, I have hereunto set my band and seal the day and year as written below. ~~4~4tZ;· __ . ____ _
IND1YIDUAL FORM OF ACIfNOWLEIX1MBNT
Notary Seal must be within box STATE O}7 WASliINOTON ) SS
COUNTY OF KING ).
I certify that I know or have satisfactory evidence that _______ _
_______________ signed this instnunent and
acknowledged it to be hislber/their free and voluntary act for the uses and purposes
mentioned in the instrument
Notary Public in and for the State of Washington Notary (Print)_. ___________ _
My appointment expires: ___________ _
Dated:
RBPRESENTATIYE FORM OF ACKNOWLEIX1MBNT
Notary Seal must be within box STATE OF WASHINGTON ) SS
Notary Seal must be within box
COUNTY OF KING )
I certify that I kno.w or have satisfactory evidence that _______ _
_ --::--:---:-~~--_:__-~__:__:--signed this instrument, on oath
stated that bclsbc/thcy waslwerc authorized to execute the instrument and
acknowledged it as the and ____ -:--__
of . to be the free and voluntary act of such
party/parties for the uses and purposes mentioned in the instrwnenl
Notary Public in and for the State of Washington
Notary (Print) _____________ _
My appointment expires: ___________ _
Dated:
CORPORATE FORM OF ACKNOWLEDGMENT
STATE OFWASHINOTON ) SS
COUNTY OF KING n) '1-O0~
On this 2=B~ day of (Ow W . t9 --' before me personally appeared
Th om tI. 50 FDste. r' to me known to
be Pr l s., a e,t\... t of the corporation that
executed the within instrument, and acknowledge the said instrument to be the free
and voluntary act and deed of said co~on, for the uses and purposes therein
mentioned, and each on oath stated th~e was authorized to execute said
instrument and that the seal affixed is the corporate seal of said corporation. .
Page 2
Return Address: .
City Clerk's Office
City of Renton
1055 S. Grady Way
Renton WA 98055
CITY OF RENTON COY PAGElll OF 127 11/05/2004 11:12 KING COUNTY, lolA
45."
IIU
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (ReW 6504)
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
1. ~~f~::/:£~~' 2.
3. 4.
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page ~ of document
Grantor(s) (Last name, first nJinitia~s) .
1. b~~ lLc.tebf"""· ~~u (!.Xp..
2.. ,
Additional names on page __ of document.
Gra~~(s),JLas~~t,djfust, then fust name and initials)
1. (l '0 :.-v.: 011 ,
2. v ,
I
Additional names on page __ of document. , ..
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
BrooL€CelJ Uti 'JI: Us l-it ,.
Additional legal is on page I of document.
0
Assessor's Property Tax ParceVAccount Number' o Assessor Tax # not yet assigned
lO:2.._~O ~ OfoCf9 0'3. .
/(92305 CJ19.8" oq
The AuditorlRecorder will rely on the uuonnation provided on the fonn. The staff will not read the document to.
verify the accuracy or completeness of the indexing irifonnation provided herein.
I am requesting an emergency nonstandard recording for an additional fee as provided III RCW
36.18.010. I understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
_______________________ Signature of Requesting Party
After Recording Return to:
C. Thomas Foster
6450 Southcenter Blvd. #106
Seattle, W A. 98188
DECLARATION
OF
COVENANTS, CONDITIONS,
AND RESTRICTIONS
FOR
THE PLAT OF
BROOKEFIELD DIV. II
-
1
DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS
FOR THE PLAT OF BROOKEFIELD DIV. II
THIS DECLARATION is made on this 21 sl day of July, 2004, by C. Thomas Foster,
President Langley Development Group, Inc., a Washington Corporation, as owner of the
property being subjected to this Declaration.
RECITALS
A. Declarant is the owner of that certain real property located in the City of
Renton, County of King, Washington, and more particularly described in Article 2 of this
Declaration.
B. Declarant desires to subject the real property described in Article 2 hereof to
the provisions of this Declaration to create a residential community of single-family housing
(as "single family" is defined below) and related uses as set forth in Section 6.2 hereof.
NOW, THEREFORE, Declarant hereby declares that the real property described in
Article 2 of this Declaration, including the improvements constructed or to be constructed
thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold,
transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the
covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth,
which are for the purpose of protecting the value and desirability of, and which shall run with
the title to, the real property hereby or hereafter made subject hereto, and shall be binding on
all persons having any right, title, or interest in all or any portion of the real property now or
hereafter made subject hereto, their respective heirs, legal representatives, successors,
successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or
any portion thereof.
ARTICLE 1
DEFINITIONS
1.1 Words Defined. The following words, when used in this Declaration or in any
Supplementary Declaration (unless the context shall prohibit), shall have the following
meanings:
1.1.1 "Association" shall mean Brookefield Div. II, Homeowners
Association, a Washington nonprofit corporation, its successors and assigns.
1.1.2 "Board of Directors" or "Board" of the Association shall be the
appointed or elected body, as applicable, having its normal meaning under Washington law.
1.1.3 "Bylaws" shall refer to the Bylaws of the Brookefield Div. II
Homeowners Association.
2'
1.1.4 "Common Areas" shall mean any and all real and personal property and
easements and other interests therein, together with the facilities and improvements located
thereon as designated on the final plat of the Community or as otherwise conveyed to the
Association for the common use and enjoyment of the Owners.
1.1.5 "Community" shall mean and refer to that certain real property and
interest therein described in Article 2, and such additions thereto as may be made by Declarant
by Supplementary Declaration.
1.1.6 "Community-Wide Standard" shall mean the standard of conduct,
maintenance, or other activity generally prevailing in the Community. Such standard may be
more specifically determined by the Board of Directors of the Association. Such
determination, however, shall generally be made with reference to the standards originally
established by the Declarant.
1.1.7. "Declarant" shall mean and refer to Langley Development Group, Inc.
and it's successors-in-title and assigns, provided any such successor-in-title or assign shall
acquire for the purpose of development or sale all or any portion of the remaining
undeveloped or unsold portions of the real property described in Article 2, and provided
further, in the instrument of conveyance to any such successor-in-title or assign, such
successor-in-title or assign is designated as the "Declarant" hereunder by the grantor of such
conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance;
provided, further, upon such designation of such successor Declarant, all rights of the former
Declarant in and to such status as "Declarant" hereunder shall cease, it being understood that
as to all of the property described in Article 2, which is now subjected to this Declaration,
there shall be only one "Declarant" hereunder at anyone point in time.
1.1.8 "Development Period" shall mean that period of time beginning on the
date this Declaration is recorded in the records of King County and ending on the earliest to
occur of (i) five (5) years from the date of recording of this Declaration; or (ii) the date
Declarant holds a special meeting of the Association, in accordance with the Bylaws, for the
purpose of transitioning the management of the Association from the Declarant to the Owners,
or (iii) the date 120 days after Declarant has conveyed 75% of the lots within the plat.
1.1.9 "Governing Documents" shall mean and refer to this Declaration, the
Articles of Incorporation (if any) and Bylaws ofthe Association, and rules and regulations (if
any) of the Community adopted by the Board, as any of the foregoing may be amended from
time to time.
1.1.10 "Lot" shall mean any plot ofland within the Community, whether or
not improvements are constructed thereon, which constitutes or will constitute, after the
construction of improvements, a residential dwelling site as shown on a plat recorded in the
records of King County.
1.1.11 "Mortgage" means any mortgage, deed of trust, and any and all other
similar instruments used for the purpose of encumbering real property in the Community as
security for the payment or satisfaction of an obligation.
1.1.12 "Mortgagee" shall mean the holder of a Mortgage.
3
1.1.13 "Occupant" shall mean any Person occupying all or any portion of a
residence or other property located within the Community for any period of time, regardless of
whether such Person is a tenant or the Owner of such property.
1.1.14 "Owner" shall mean and refer to the record owner, whether one or more
Persons, of the fee simple title to any Lot located within the Community, excluding, however,
any Person holding such interest merely as security for the payment or satisfaction of an
obligation.
1.1.15 "Person" means any natural person, as well as a corporation, joint
venture, partnership (general or limited), association, trust, or other legal entity.
1.1.16 "Single Family" shall mean a single housekeeping unit, without regard
to the construction type or ownership of such unit, that includes not more than four (4) adults
who are legally unrelated.
1.1.17 "Supplementary Declaration" means an amendment or supplement to
this Declaration which subjects additional property to this Declaration or that imposes,
expressly or by reference, additional or modified restrictions and obligations on the land
described therein.
1.1.18 "Total Association Vote" means all of the votes attributable to
members of the Association (including votes of Declarant).
ARTICLE 2
PROPERTY SUBJECT TO THIS DECLARATION
The real property which is, by the recording of this Declaration, subject to the
covenants and restrictions hereafter set forth and which, by virtue of the recording of this
Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or
otherwise encumbered subject to this DeClaration is the real property described as:
LOTS 1 THROUGH 16, INCLUSIVE, OF BROOKEFIELD DIV. II, ACCORDING TO
THEPLATTHEREOFRECORDEDINVOLUME~~YOFPLATSATPAGESBo-73
AND _ RECORDS OF KING COUNTY, WASHINGTON RECORDED UNDER
RECORDINGNUMBER..:;>ooSt' //o.s ooo:3'i").
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON
Common Areas: Any stormwater detention and drainage facilities, wetland tracts, and private
streets shown on the recorded plat as being maintained by the Association.
4
ARTICLE 3
BROOKEFIELD DIV. II HOMEOWNERS ASSOCIATION
3.1 Description of Association. The Association may, at the election of the
Declarant or the Association, be incorporated as a non-profit corporation organized and
existing under the laws of the State of Washington. The Association shall be charged with the
duties and vested with the powers prescribed by law and set forth in the Governing
Documents; provided, however, that no such Governing Documents, other than the
Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent
with this Declaration.
3.2 Board of Directors. Declarant shall have the right to appoint or remove any
member or members of the Board of Directors or any officer or officers of the Association
until termination ofthe Development Period. Each Owner, by acceptance of a deed to or
other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors
and officers ofthe Association during the Development Period. The directors selected by the
Declarant need not be Owners. The number of directors shall be as set forth in the Bylaws.
Following termination of the Development Period, the Board of Directors shall be elected by
the Owners in accordance with the Bylaws.
3.3 Membership. Every Owner of a fee interest in any Lot that is subject to this
Declaration shall be deemed to have a membership in the Association and membership in the
Association shall consist exclusively of such owners. The foregoing is not intended to include
Persons who hold an interest merely as security for the performance of an obligation, and the
giving of a security interest shall not terminate the Owner's membership. No Owner, whether
one or more Persons, shall have more than one (I) membership per Lot. Membership shall be
appurtenant to and may not be separated from ownership of any Lot. The rights and privileges
of membership, including the right to vote and to hold office, may be exercised by a member
or the member's spouse, but in no event shall more than one (I) vote be cast nor office held
for each Lot owned.
3.4 Voting. Members shall be entitled to one (1) vote for each Lot owned. When
more than one (1) Person holds an ownership interest in any Lot, the vote for such Lot shall be
exercised as those Owners themselves determine and advise the Secretary prior to any
meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more
than one (1) Person seeks to exercise it.
3.5 Architectural Control Committee. No construction, alteration, addition,
refurbishing, or erection of any structure or any nature whatsoever shall be commenced or
placed upon any part of the Community, except that which is installed by the Declarant, or is
approved in accordance with this Section, or as is otherwise expressly permitted herein. Any
such construction, alteration, addition, refurbishing, or erection shall not be made unless and
until plans and specifications showing the nature, kind, shape, size and height, architectural
design and detail, materials, workmanship, colors, location on site, improvement and site
grade elevations, and site landscaping shall have been submitted in writing to and approved by
the Architectural Control Committee (the "ACC") established pursuant to this Section 3.5.
The Board may employ architects, engineers, or other Persons as it deems necessary to enable
the ACC to perform its review. Written design guidelines and procedures ("Design
Guidelines") may be established by the Board for the exercise of this review, which Design
5
Guidelines may provide for a review fee. Copies of the Design Guidelines shall be available
to all Owners upon request for a reasonable fee.
3.5.1 The ACC shall consist of not less than one (1) nor more than three (3)
members, who need not be Owners. So long as the Declarant owns any property for
development and/or sale in the Community, the Declarant shall have the right'to appoint or
remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of
such right, the Board shall appoint the members of the ACC. The Declarant has named
____________________ as the sole member of the ACC.
3.5.2 Members of the ACC shall not be entitled to compensation for services
performed pursuantto this Section 3.5. The Association shall defend, indemnify, and hold
each members of the ACC harmless for any liability incurred while serving as a member of
the ACC.
3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may
withhold approval for any reason, including aesthetic considerations, and it shall be entitled to
stop any construction in violation of approved plans or this Declaration.
3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR
ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY
APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE
MEMBERS THEREOF, NOR THE ASSOCIATION ASSUMES LIABILITY OR
RESPONSffiILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE
CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER
DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, NOR THE OFFICERS,
DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL BE
LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS
TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY
AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT,
NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH
THE APPROVAL OR DISAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE
ANY SUCH PLANS OR SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS
OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR
OWNER WILL NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT, THE
ASSOCIATION, THE ACC, THE BOARD, OR THE OFFICERS, DIRECTORS,
MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY
DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS
NOT TO SUE FOR ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING
OUT OF OR IN CONNECTION WITH ANY JUDGMENT, NEGLIGENCE, OR
NONFEASANCE AND HEREBY W AWES THE PROVISIONS OF ANY LAW WHICH
PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS,
DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE
IS GWEN.
3.6 Bylaws, Rules and Regulations. The Board on behalf of the Association shall
have the power to adopt, modify, and amend bylaws, rules and regulations governing the
Community, provided that such bylaws, rules and regulations shall not be inconsistent with
this Declaration and shall apply uniformly to all Owners, except as specifically provided
-6
herein. The Board shall have the power to enforce the rules and regulations on behalf of the
Association and may prescribe penalties or fines for their violation. Any such bylaws, rules
and regulations shaH become effective thirty (30) days after promulgation and shall be mailed
to all Owners prior to their effective date. A copy of the bylaws, rules and regulations then in
force shall be retained by the secretary of the Association. The Declarant on behalf of the
Board may adopt the initial bylaws, rules and regulations.
ARTICLE 4
ASSESSMENTS
4.1 Purpose of Assessment. The assessments provided for herein shall be used
for the general purposes of promoting the recreation, health, safety, welfare, common benefit,
and enjoyment ofthe Owners and occupants of Lots, including the maintenance of real and
personal property, all as may be more specifically authorized from time to time by the Board
of Directors.
4.2 Creation of the Lien and Personal Obligation for Assessments. Each
Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in
such deed, covenants and agrees to pay to the Association: (i) annual assessments or charges;
(ii) special assessments, such assessments to be established and collected as hereinafter
provided; and (iii) specific assessments established pursuant to the terms ofthis Declaration,
including, but not limited to, reasonable fines imposed in accordance with the terms of this
Declaration.
4.2.1 All such assessments, together with (i) late charges, (ii) interest set by
the Board, not to exceed the maximum rate permitted by law (but not to exceed eighteen
percent (18%) per annum), and (iii) costs, including, without limitation, reasonable attorneys'
fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot
against which each assessment is made.
4.2.2 Each such assessment, together with late charges, interest, costs,
including, without limitation, reasonable attorneys' fees actually incurred, shall also be the
personal obligation of the person who was the Owner of such Lot at the time the assessment
fell due. Each Owner shall be personally liable for the portion of each assessment coming due
while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable
for such portion thereof as may be due and payable at the time of conveyance; provided,
however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to
any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure.
4.2.3 The Association shall, within five (5) days after receiving a written
request therefor and for a reasonable charge, furnish a certificate signed by an officer of the
Association setting forth whether the assessments on a specified Lot have been paid. Such
certificate shall be binding upon the Association as of the date of issuance.
4.2.4 Annual assessments shall be levied equally on all Lots. Assessments
shall be paid in such manner and on such dates as may be fixed by the Board. Unless
otherwise provided by the Board, the assessment shall be paid in annual installments.
7
4.3 Adoption of Budget. It shall be the duty of the Board to prepare and adopt a
budget covering the estimated costs of operating the Association during the coming year and
the assessments to be levied against each Lot, which may include an amount for capital
reserves in accordance with a capital budget separately prepared. The Board shall cause a
summary of the proposed operating and capital budgets and the proposed assessments against
each Lot for the following year to be mailed to each Owner. The Board shall set a date for a
special meeting of the Owners to consider ratification of the budget within thirty (30) days
after adoption by the Board and not less that fourteen (14) nor more than sixty (60) days after
the mailing of the proposed budgets and assessments. Unless at such meeting the budget is
rejected by at least seventy-five percent (75%) of the Total Association Vote, in person or by
proxy, the budget shall be ratified, whether or not a quorum is present. In the event the
proposed budget is rejected or the required notice is not given, the budget in effect for the then
current year shall continue in effect until the Owners ratify a subsequent budget.
4.4 Revised Budget. If the financial circumstances or needs of the Association
materially change during any year, the Board may prepare and adopt a revised budget and
assessments for the balance of the year. The Board shall cause a summary of the proposed
revised budget and assessments to be mailed to each Owner and shall set a date for a meeting
of the Owners to consider ratification ofthe revised budget and assessments in the same
manner as the regular annual budget as set forth in Section 4.3 above.
4.5 Special Assessments. In addition to the other assessments authorized herein,
the Association may levy special assessments for expenses such as, but not limited to, capital
improvements from time to time if approved at a meeting by two-thirds (2/3) of the Total
Association Vote. Special assessments shall be paid as determined by the Board, and the
Board may permit special assessments to be paid in installments extending beyond the fiscal
year in which the special assessment is imposed.
4.6 Lien for Assessments. All sums assessed against any LOt pursuant to this
Declaration, together with late charges, interest, costs, including, without limitation,
reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on
such Lot in favor of the Association. Such lien shall be superior to all other liens and
encumbrances on such Lot, except for (a) liens for ad valorem taxes; or (b) liens for all sums
unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of
King County and all amounts advanced pursuapt to such Mortgage and secured thereby in
accordance with the terms of such instrument. All other Persons acquiring liens or
encumbrances on any Lot after the recording of this Declaration shall be deemed to consent
that such liens or encumbrances shall be inferior to future liens for assessments, as provided
herein, whether or not prior consent is specifically set forth in the instruments creating such
liens or encumbrances.
4.7 Effect of Nonpayment of Assessments; Remedies of the Association. Any
assessment or installment thereof delinquent for a period of more than ten (10) days shall
incur a late charge in an amount as the Board may from time to time determine. The
Association shall cause a notice of delinquency to be given to any member who has not paid
within ten (10) days following the due date. If the assessment is not paid within thirty (30)
days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set
by the Board from time to time, on the principal amount due, late charges, costs of collection,
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including, without limitation, reasonable attorneys' fees actually incurred, and any other
amounts provided or permitted by law.
4.7.1 In the event that the assessment remains unpaid after sixty (60) days,
the Association may, as the Board shall determine, institute suit to collect such amounts
and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other
type of conveyance, vests in the Association or its agents the right and power to bring all
actions against such Owner personally, for the collection of such charges as a debt or to
foreclose the aforesaid lien in the same manner as other liens for the improvement of real
property.
4.7.2 The lien provided for in this Article shall be in favor of the Association
and shall be for the benefit of all other Owners. The Association, acting on behalf of the
Own,ers, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold,
lease, mortgage, or convey the same.
4.7.3 No Owner may waive or otherwise exempt himself from liability for
the assessments provided for herein, including, by way of illustration, but not limitation,
abandonment of the Lot.
4.7.4 All payments shall be applied first to costs, then to late charges, then to
interest and then to delinquent assessments.
4.8 Suspension for Nonpayment of Assessment. If an Owner shall be in arrears
in the payment of any assessment due, or shall otherwise be in default of the performance of
any terms ofthe Governing Documents of the Association for a period of thirty (30) days, said
Owner's voting rights shall, without the necessity of any further action by the Association, be
suspended (except as against foreclosing secured parties) and shall remain suspended until all
payments, including interest thereon, are brought current and any other default is remedied.
No Owner is relieved ofliability for assessments by non-use of the Common Areas or by
abandonment of a Lot.
4.9 Date of Commencement of Assessments. The assessments provided for
herein shall commence as to a Lot subject to this DeClaration on the first day of the month
following conveyance of such Lot to a Person other than Declarant. The first annual
assessment shall be adjusted according to the number of months then remaining in that fiscal
year.
4.10 Specific Assessments. In addition to the general and special assessments
outlined above, the Board shall have the power to levy such specific assessments pursuant to
this Section 4.10 as, in its discretion, it shall deem appropriate. All other terms and conditions
of this Article 4 relating to general and special assessments shall apply to the levy and
collection of the specific assessments covered hereby and the Association shall have all
powers and remedies for collection and enforcement of such assessments as are applicable to
the general and special assessments set forth above. Fines levied pursuant to Section 11.1 of
this Declaration and the costs of maintenance performed by the Association for which the
Owner is responsible under Sections 5.3 and 5.4 of this Declaration shall be specific
assessments.
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4.11 Common Areas Exempt. The Common Areas shall be exempt from
assessments by the Association.
ARTICLES
MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION
5.1 Association's Responsibility. The Association shall maintain and keep in
good repair the Common Areas described in Article 2 herein and any Common Areas acquired
by the Association in the future. The Association shall maintain all stormwater detention and
drainage facilities, wetland tract, and private streets as shown on the recorded plat. lfthe
streetlights are installed and there is no procedure for billing individual lot owners then the
Association shall pay the bills for the streetlights. The Association shall also maintain all other
facilities serving the Community not dedicated to or maintained by a public entity. The
foregoing maintenance shall be performed consistent with the Community-Wide Standard.
5.2 Property Not Owned by Association. The Association shall have the right,
but not the obligation, to maintain other propeT!y, whether or not owned by the Association
and whether within or without the Community, where the Board has determined that such
maintenance would benefit all Owners. The Association shall have the right, but not the
obligation, to maintain the property at such Lot Owners expense pursuant to the procedure in
Section 5.4 below. Without limitation of the foregoing, the Association may enter into ajoint
maintenance agreement with adjoining property owners or associations for the repair,
maintenance and replacement of any shared facilities or other property.
5.3 Damage Caused by Owner. In the event that the Association determines that
the need for maintenance, repair, or replacement, which is the responsibility of the
Association hereunder, is caused through the willful or negligent act of an Owner, or the
family, guests, lessees, or invitees of any Owner, the Association may perform such
maintenance, repair or replacement at such Owner's sole cost and expense, and all costs
thereof shall be added to and become a part of the assessment to which such Owner is subject
and shall become a lien against the Lot of such Owner.
5.4 Owner's Responsibility. Except as provided in Sections 5.1, 5.2 and 5.3
above, all maintenance of any Lot and all structures,parking areas, landscaping, and other
improvements thereon together with the landscaping and trees on any parking strip fronting
any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide
maintenance consistent with the Community-Wide Standard and this Declaration. The
perimeter fencing, if any, shall be maintained and repaired, in uniform appearance, by the
abutting lot owners. In the event that the Board of Directors of the Association determines that
any Owner has failed or refused to discharge properly any of such Owner's obligations with
regard to the maintenance, repair, or replacement of items for which such Owner is
responsible hereunder, the Association shall, except in an emergency situation, give the
Owner written notice of the Association's intent to provide such necessary maintenance,
repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with
reasonable particularity the maintenance, repairs, or replacement deemed necessary. The
Owner shall have ten (10) days after receipt of such notice within which to complete such
maintenance, repair, or replacement, or, in the event that such maintenance, repair, or
replacement is not capable of completion within a ten (10) day period, to commence such
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work which shall be completed within a reasonable time. If any Owner does not comply with
the provisions hereof, the Association may provide any such maintenance, repair, or
replacement at such Owner's sole cost and expense, and all costs shall be added to and
become a part of the assessment to which such Owner is subject and shall become a lien
against the Lot.
5.5 Conveyance of Common Areas by Declarant to Association. The Common
Areas were conveyed to the Association on the recorded plat. The Association accepted the
conveyance and the Common Areas are now to be maintained by the Association. The
Common Areas are subject to an easement of common use and enjoyment in favor of the
Association and every Owner, their heirs, successors and assigns in accordance with the terms
and conditions of the Governing Documents. Such rights to use the Common Areas are
appurtenant to and shall not be separated from ownership of any Lot and shall not be assigned
or conveyed by any Lot Owner in any way except upon the transfer of title to such Lot, and
then only to the transferee of such title and shall be deemed so conveyed whether or not it
shall be so expressed in the deed or other instrument conveying title. Certain rights of use,
ingz:ess, egress, occupation, and management authority in the Common Areas set forth
elsewhere in this Declaration shall be reserved to Declarant for the duration of the
Development Period. Declarant shall not be required to make any improvements whatsoever
to property to be conveyed and accepted pursuant to this Section.
5.6 If any Common Area is currently owned or is acquired in the future which is
designated as a steep slope, as a wetland, as a buffer, as a native growth protection area or as
any other type of sensitive area, then use of such Common Area shall be limited to activities
approved by the municipality which designated such Common Area as sensitive.
Notwithstanding the provisions in this Article 5, or in Section 10.1 below, or in any other
provision of this Declaration, there shall be no right or easement of ingress and egress, use and
enjoyment in or to such Common Area. Access shall be limited to maintenance activities
approved by the municipality.
ARTICLE 6
USE RESTRICTIONS AND RULES
6.1 General/Rnles and Regulations. This Article, beginning at Section 6.2, sets
out certain use restrictions which must be complied with by all Owners and Occupants. These
use restrictions may only be amended in the manner provided in Section 11.3 hereof regarding
amendment ofthis Declaration. In addition, the Board may, from time to time, without
consent of the Owners, promulgate, modify, or delete other use restrictions and rules and
regulations applicable to the Community. Such use restrictions and rules shall be distributed
to all Owners and Occupants prior to the date that they are to become effective and shall
thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or
modified in a regular or special meeting by a majority of the Total Association Vote and the
consent of Declarant during the Development Period.
6.2 Residential Use. Except as provided in this Section, all Lots shall be used for
single-family residential purposes exclusively with the exception that certain home
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occupations may be permitted, subject to the guidelines and rules established by the Board, if
any, and subject to approval by the Board. Such home occupations may be limited to certain
business uses, shall not create any disturbance, noise, or unsightliness, shall not unduly
increase traffic flow or parking congestion, and shall not be in violation of any of the
provisions of the Governing Documents. Use of the Lots shall in all cases be in compliance
with all applicable laws, ordinances, rules and regulations.
6.3 Building and Landscaping Requirements and Restrictions. Except as
provided in Section 6.4 below, all residences constructed within the Community by any
Person shall be subject to design review and approval by the ACC which may cover the
minimum size, architectural style, height, scope of improvements, quality of design, materials,
workmanship, and siting standards. Without restricting or limiting the authority of the ACC
pursuant to Section 3.5 in approving or disapproving of any specific proposal, the following
restrictions shall apply to the Community in general:
6.3.1 Only one Single Family home shall be permitted on each Lot. Two
story or split level homes shall include no less than 1,300 gross square feet of living space,
exclusive of one-story open porches and garages. One story homes shall include no less than
1,000 gross square feet of living space, exclusive of one-story open porches and garages.
6.3.2 After Declarant has completed construction of all houses in the .
Community, any remodeling or exterior addition to any residence or other structure erected or
placed on any Lot shall be completed as to external appearance, including finished painting,
within six (6) months after the date of commencement of construction. All front, side and rear
yard landscaping must be completed within six (6) months from the date of closing ofthe
purchase of the residence by the Owner from the Declarant. In the event that strict
enforcement of this provision would cause undue hardship due to weather conditions, this
provision may be extended for a reasonable length of time when approved by the ACC.
6.3.3 All homes within the Community shall contain a garage; carports shall
not be permitted. Unless otherwise approved by the ACC, all garages must be attached to, or
incorporated in and made a part of, the residence constructed upon a Lot. In granting waivers
to this requirement, the ACC will consider functional necessity and architectural desirability.
6.3.4 All driveways and parking areas shall be paved with material approved
by the ACe.
6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six (6)
feet high'or extending into the front yard of any residence shall be erected, allowed or
maintained upon any Lot, without the prior written consent of the ACC. All fences shall be
constructed of wood material unless approved by the ACC. Any such fence, barrier, row of
trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established by
the ACC, which standards may provide for limited acceptable styles and/or specifications.
6.3.6 Each home constructed on a Lot shall be built of new materials except,
with approval of the ACC, decorative items such as used brick, weathered planking, and
similar items. All visible masonry shall be native stone, brick or stucco. Types and colors of
exterior paint and stain must be submitted to the committee for approval. Any change to the
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exterior color of any improvement located on a Lot, including, without limitation, the
dwelling, must be approved by the ACe.
6.3.7 All roofs on dwellings and garages shall be of composite, tile or cedar
shake and shall have a minimum pitch of four/twelve.
6.4 Existing Residences. None
6.5 Signs. No sign of any kind shall be erected by an Owner or Occupant within
the Community without the prior written consent ofthe ACC. Notwithstanding the foregoing,
the Board and the Declarant shall have the right to erect reasonable and appropriate signs
including, without limitation, signs related to Declarant's development and marketing of
residences within the Community. In addition, "For Sale" signs and security signs consistent
with the Community-Wide Standard and any signs required by legal proceedings may be
erected upon any Lot.
6.6 Vehicles. The term "vehicles" as used herein shall include, without limitation,
automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, jet skis,
trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-carts, dune
buggies and any other towed or self propelled transportation type vehicle. The term
"passenger vehicles" as used herein shall include passenger automobiles, vans, small trucks,
motorcycles, and similar type vehicles used regularly and primarily as transportation for the
Occupants of the Lot. Vehicles used for commercial and recreational purposes are not
considered passenger vehicles. "Parking areas" shall refer to the number of garage parking
spaces and driveway areas in front of garages. However, driveway areas shall be considered
"parking areas" for passenger vehicles only.
6.6.1 No vehicles other than passenger vehicles in regular use may be parked
on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area
on a Lot, if such screened area is approved by the ACC. Any vehicle regularly parked in an
unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a
nuisance and may be removed from the Community.
6.6.2 No passenger vehicles may be parked on any Lot or portion ofthe
Community except in "parking areas" as defined in this Section.
6.6.3 Any passenger vehicle which is inoperable or unlicensed and not
capable of use on the public highways and which is parked on any parking area for a period of
more than forty-eight (48) hours shall be treated the same as a non-passenger vehicle and shall
be considered a nuisance and may be removed from the Community.
6.6.4 The Board may adopt and maintain current rules and regulations
concerning the parking and storage of vehicles on any Lot or any portion of the Community.
Said rules are to protect the Community from the potentially adverse impacts of vehicles on
the Community environment and to accommodate the evolving nature and use of such
vehicles. Such rules and regulations may provide for exceptions and/or modifications to the
conditions ofthis Section as determined in the sole discretion of the Board. The Board shall
rule on any dispute as to the interpretation or application of this Section and all rules and
regulations established by the Board with respect to vehicles.
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6.6.5 Off-street parking for at least three (3) passenger vehicles shall be
provided on each Lot. Covered enclosed parking shall be provided for one (1) or more
passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles, unless
approved by the ACC.
6.7 Vehicles on Common Areas. No motorized vehicles shall be permitted on
pathways or unpaved Common Areas except vehicles being used for the limited purpose of
operating and maintaining utilities.
6.8 Leasing. Lots may be leased for residential purposes. All leases shall have a
minimum term of at least three (3) months. All leases shall require, without limitation, that the
tenant acknowledge receipt of a copy of the Declaration, Bylaws, and rules and regulations of
the Association.
6.9 Occupants Bound. All provisions of the Declaration, Bylaws, and of any
rules and regulations, which govern the conduct of Owners and which provide for sanctions
against Owners shall also apply to all Occupants. Fines may be levied against Owners or
Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may
then be levied against the Owner.
6.10 Animals. No animals, livestock or poultry of any kind shall be raised, bred or
kept in the Community; provided, however, that conventional household pets may be kept on
a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any
commercial purposes. Owners shall be responsible for the immediate clean up and removal of
all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet.
Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible
person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board
shall have the authority to determine whether a particular pet is a nuisance or a source of
annoyance, and such determination shall be final and conclusive. Pets shall be attended at all
times and shall be registered, licensed and inoculated from time to time as required by law.
6.11 Mining Prohibited. No portion of the Community shall be used for the
purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons,
minerals, gravel, or earth.
6.12 Nuisance. Each Owner and Occupant shall prevent the developmerit of any
unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used,
in whole or in part, for the storage of any property or thing that will cause such Lot to appear
to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that
will emit foul or obnoxious odors or that will cause any noise or other condition that will or
might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding
property. No illegal, illicit, noxious or offensive activity shall be carried on within the
Community, nor shall anything be done tending to cause embarrassment, discomfort,
annoyance, or nuisance to any Person using any property within the Community. Without
limiting the generality of the foregoing, no speaker, hom, whistle, siren, bell, amplifier or
other sound device, except such devices as may be used exclusively for security purposes,
shall be located, installed or maintained upon the exterior of any Lot unless required by law or
unless specifically approved by the ACC.
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6.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities,
including specifically, without limiting the generality of the foregoing, the assembly of and
disassembly of motor vehicles and other mechanical devices, which might tend to cause
disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or
garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the
storage of equipment, machinery, construction supplies or any similar material on a Lot
outside of the home and garage constructed thereon is strictly prohibited except as required
during the remodeling or refurbishing of improvements on such Lot and then for not more
than sixty (60) days.
6.14 Antennas. No television or radio antenna, tower, satellite dish, or exterior
antenna of any kind shall be placed, allowed, or maintained upon any Lot or any portion of the
Community unless screened from view from the street without the prior written consent of the
ACe. Each Owner and Occupant acknowledges that this provision benefits all Owners and
Occupants and each Owner and Occupant agrees to comply with this provision despite the fact
that the erection of an outdoor antenna or similar device would be the most cost-effective way
to t~ansmit or receive the signals sought to be transmitted or received.
6.15 No Obstruction of Easements. Catch basins and drainage areas are for the
purpose of natural flow of water only. No obstructions or debris shall be placed in these
areas. No Owner or Occupant may obstruct or re-channel the drainage flows after location
and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves
for the benefit of Declarant and the Association and their respective successors and assigns a
perpetual easement across all Common Areas and Lots for the purpose of maintaining or
altering drainage and water flow. No structure, planting, or other material shall be placed or
permitted to remain upon any easement which may damage or interfere with the installation
and maintenance of any utilities, unless approved by the Board prior to installation.
6.16 Sight Distance at Intersections. All property located at street intersections
shall be landscaped so as to permit safe sight across the street comers. No fence, wall, hedge
or shrub planting shall be placed or permitted to remain where it would create a traffic or sight
problem as determined by the ACC in its sole discretion.
6.17 Garbage Cans, Woodpiles. Etc. All garbage cans, woodpiles, air-
conditioning compressors, machinery, equipment and other similar items related to the
operation of the residence shall be located or screened so as to be concealed from view from
the street abutting the Lot on which such items are located. All rubbish, trash, and garbage
shall be regularly removed and shall not be allowed to accumulate. Trash, garbage, debris, or
other waste matter of any kind may not be burned within the Community_
6.18 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed
except with the prior written approval ofthe Architectural Review Committee. Declarant,
however, hereby expressly reserves the right to re-plat any Lot or Lots owned by Declarant.
Any such division, boundary line change, or re-platting shall not be in violation of the
applicable subdivision and zoning regulations.
6.19 Guns. The use of firearms in the Community is prohibited. The term
"firearms" includes without limitation BB guns, pellet guns, and firearms of all types.
15
6.20 Utilities. Except as may be permitted by the ACC, no overhead utility lines,
including lines for cable television, shall be permitted within the Community, except for .
temporary lines as required during construction and except as such lines exist upon recording
of the plat of the Community or as required by utilities serving the Community.
6.21 Lighting. No colored lights (except holiday displays and yellow insect type
lights) shall be permitted at any location within the Community. All exterior fixtures that are
attached to the home shall be of compatible design and materials ofthe home. Any post
mounted exterior fixtures shall be of compatible design and materials as the fixtures attached
to the home. No fixtures which illuminate and excessively glare onto any other Lot shall be
permitted, and all exterior lights shall be screened to minimize impacts oflight and glare. No
unshielded spot/floodlight fixtures are permitted.
6.22 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial
vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard
of any Lot unless approved by the ACC.
6.23 Mailboxes. All mailboxes located on Lots shall be of a style approved by the
ACe. Mailboxes shall be attached only to stands provided and maintained by the Association
in designated locations.
6.24 Clotheslines. No exterior clotheslines of any type shall be permitted upon any
Lot unless entirely screened from view from other Lots.
6.25 Exterior Security Devices. No exterior security devices, including, without
limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot
or the exterior ofthe residence stating that such residence is protected by a security system are
permissible.
6.26 Construction and Sale Period. So long as Declarant owns any property in the
Community for development and/or sale, the restrictions set forth in this Article 6 shall not be
applied or interpreted so as to prevent, hinder or interfere with development, construction and
sales activities of Declarant or any builder or developer approv~d by Declarant.
ARTICLE 7
INSURANCE AND CASUALTY LOSSES
7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of
the Association shall have the authority to and shall obtain or cause to be obtained insurance
as follows:
7.1.1 The Board shall obtain insurance on all insurable buildings and, where
the Board deems there to be a reasonable risk, other substantial structures whether or not such
buildings or structures are located on the Common Areas and which the Association is
obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended
coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to
cover the full replacement cost of any repair or reconstruction in the event of damage or
16
destruction from any such hazard. Insurance on other substantial structures shall cover those
risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by
the Board. The Board may insure other types of improvements, including entry monuments,
landscaping, and the like, as it deems advisable. With respect to such other improvements,
the Board shall determine the risks to be insured and the amounts of insurance to be carried.
7.1.2 The Board shall obtain a public liability policy applicable to the
Common Areas covering the Association and its members for all damage or injury caused by
the negligence of the Association or any of its members or agents, and, if reasonably available,
directors' and officers' liability insurance. The public liability policy shall have a combined
single limit of at least One Million Dollars ($1,000,000.00) unless otherwise determined by
the Board.
7.1.3 The Board is hereby authorized to contract with or otherwise arrange to
obtain the insurance coverage required hereunder through the Declarant and to reimburse
Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to
purchase such insurance coverage for the benefit of the Association and the Owners upon
DeClarant and the Association agreeing upon the terms and conditions applicable to
reimbursement by the Association for costs incurred by Declarant in obtaining such coverage.
Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be
required to comply with the provisions ofthis Article ifthe Board has contracted for or
otherwise arranged to obtain the required insurance coverage through the Declarant.
7.1.4 Premiums for all insurance shall be common expenses of the
Association. The policies may contain a reasonable deductible, and the amount thereof shall
not be subtracted from the face amount of the policy in determining whether the insurance at
least equals the full replacement cost.
7.1.5 In the event insurance premiums in connection with the insurance
required by this Article 7 become prohibitively expensive, in the judgment of the Board, the
Board may with approval of seventy-five percent (75%) ofthe Total Association Vote reduce
the amount of the required insurance, self-insure itself, or discontinue the insurance all
together.
7.2 Policy Requirements. All such insurance coverage obtained by the Board of
Directors shall be written in the name of the Association, as trustee for the respective
benefited parties. Such insurance shall be governed by the provisions hereinafter set forth:
7.2.1 All policies shall be written with a company authorized to do business
in Washington.
7.2.2 Exclusive authority to adjust losses under policies obtained by the
Association shall be vested in the Association's Board of Directors; provided, however, no
Mortgagee having an interest in such losses may be prohibited from participating in the
settlement negotiations, if any, related thereto.
7.2.3 In no event shall the insurance coverage obtained and maintained by the
Association's Board of Directors hereunder be brought into contribution with insurance
purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by
the Association shall be primary.
17
,
7.2.4 All casualty insurance policies shall have an inflation guard
endorsement and an agreed amount endorsement if these are reasonably available and all
insurance policies shall be reviewed annually by one or more qualified persons, at least one of
whom must be in the real estate industry and familiar with construction in the City of Renton.
7.3 Other Insurance. In addition to the other insurance required by this Article 7,
the Board shall obtain worker's compensation insurance, if and to the extent necessary to
satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity
bond or bonds on directors, officers, employees, and other persons handling or responsible for
the Association's funds, if reasonably available. The Association shall obtain additional
insurance coverage, if and to the extent necessary to satisfy the requirements of the Federal
Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S.
Department of Veterans Affairs, or the U.S. Department of Housing and Urban Development.
7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of
this Declaration, each Owner acknowledges that the Association has no obligation to provide
any insurance for any portion of individual Lots, and each Owner covenants and agrees with
all other Owners and with the Association that each Owner shall at a minimum, carry fire and
extended coverage casualty insurance on the Lot and all structures constructed thereon in an
amount sufficient to cover the full replacement costs of any repair or reconstruction in the
event of damage or destruction from any such hazard.
7.5 Damage and Destruction -Insured by Association.
7.5.1 Immediately after damage or destruction by fire or other casualty to all
or any portion of any improvement covered by insurance written in the name of the
Association, the Board of Directors or its duly authorized agent shall proceed with the filing
and adjustment of all claims arising under such insurance and obtain reliable and detailed
estimates of the cost of repair or reconstruction ofthe damaged or destroyed property. Repair
or reconstruction, as used in this Section, means repairing or restoring the property to
substantially the same condition and location that existed prior to the fire or other casualty,
allowing for any changes or improvements necessitated by changes in applicable building
codes. The Board of Directors shall have the enforcement powers specified in this
Declaration necessary to enforce this provision.
7.5.2 Any damage or destruction to property covered by insurance written in
the name ofthe Association shall be repaired or reconstructed unless, within sixty (60) days
after the casualty, at least seventy-five percent (75%) of the Total Association Vote otherwise
agree. If for any reason either the amount of the insurance proceeds to be paid as a result of
such damage or destruction, or reliable and detailed estimates of the cost of repair or
reconstruction, or both, are not made available to the Association within such period, then the
period shall be extended until such information shall be made available; provided, however,
such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to
participate in the determination of whether damage or destruction shall be repaired or
reconstructed ...
7.5.3 If the damage or destruction for which the insurance proceeds are paid
is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost
thereof, the Board of Directors shall, without the necessity ofa vote of the Association's
18
members, levy a special assessment against all Owners in proportion to the number of Lots
owned by such Owners. Additional assessments may be made in like manner at any time
during or following the completion of any repair or reconstruction. If the funds available from
insurance exceed the costs of repair or reconstruction or if the improvements are not repaired
or reconstructed, such excess shall be deposited to the benefit of the Association.
7.5.4 In the event that it should be determined by the Association in the
manner described above that the damage or destruction shall not be repaired or reconstructed
and no alternative improvements are authorized, then and in that event the property shall be
restored to its natural state and maintained as an undeveloped portion of the Community by
the Association in a neat and attractive condition.
7.6 Damage and Destruction -Insured by Owners. The damage or destruction
by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by
the Owner thereof within seventy-five (75) days after such damage or destruction or, where
repairs cannot be completed within seventy-five (75) days, they shall be commenced within
such period and shall be completed within a reasonable time thereafter. Alternatively, the
Owner may elect to demolish all improvements on the Lot and remove all debris therefrom
within seventy-five (75) days after such damage or destruction. In the event of noncompliance
with this provision, the Board of Directors shall have all enforcement powers specified herein.
7.7 Insurance Deductible. The deductible for any casualty insurance policy
carried by the Association shall, in the event of damage or destruction, be allocated among the
Persons who are responsible hereunder, or be a common expense ofthe Association.
ARTICLES
CONDEMNATION
In the event of a taking by eminent domain of any portion of the Common Areas on
which improvements have been constructed, then, unless within sixty (60) days after such
taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise
agree, the Association shall restore or replace such improvements so taken on the remaining
land included in the Common Areas to the extent lands are available therefor. The provisions
of Section 7.5, above, applicable to Common Areas improvements damage, shall govern
replacement or restoration and the actions to be taken in the event that the improvements are
not restored or replaced.
ARTICLE 9
MORTGAGEE PROVISIONS
The following provisions are for the benefit of holders of first Mortgages on Lots in
the Community. The provisions of this Article apply to both this Declaration and to the
Bylaws, notwithstanding any other provisions contained therein.
9.1 Notices of Action. An institutional holder, insurer, or guarantor of a first
Mortgage, who provides a written request to the Association (such request to state the name
and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an
19
"eligible holder"), will be entitled to timely written report as to the current status of said Lot
with respect to the following:
9.1.1 Any condemnation loss or any casualty loss which affects a material
portion of the Community or which affects any Lot on which there is a first Mortgage held,
insured, or guaranteed by such eligible holder;
9.1.2 Any delinquency in the payment of assessments or charges owed by an
Owner of a Lot subject to the Mortgage of such eligible holder.
9.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be
construed as giving any Owner or other party priority over any rights ofthe first Mortgagee of
any Lot in the case of distribution to such Owner of insurance proceeds or condemnation
awards for losses to or a taking of the Common Areas.
9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to
furnish to the Association the name and address of the holder of any Mortgage encumbering
such Owner's Lot.
9.4 V AlHUD Approval. As long as the Declarant has the right to appoint and
remove the directors ofthe Association and so long as the project is approved by the
U.S. Department of Housing and Urban Development ("RUD") for insuring or the
U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the
Community the following actions shall require the prior approval of the VA and/or HUD as
applicable: dedication of Common Areas to any public entity; mergers and consolidations;
dissolution of the Association, and material amendment of the Declaration, Bylaws or Articles
of Incorporation.
9.5 Applicability of Article 9. Nothing contained in this Article shall be
construed to reduce the percentage vote that must otherwise be obtained under the
Declaration, Bylaws, or Washington law for any of the acts set out in this Article.
9.6 Amendments by Board. Should the Federal National Mortgage Association,
the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their
respective requirements which necessitate the provisions of this Article or make any such
requirements less stringent, the Board, without approval of the Owners, may cause an
amendment to this Article to be recorded to reflect such changes.
ARTICLE 10
EASEMENTS
10.1 Easements for Use and Enjoyment.
10.1.1 Every Owner of a Lot shall have a right and easement of ingress and
egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and
shall pass with the title to each Lot, subject to the following provisions:
10.1.1.1 the right of the Association to charge reasonable fees for
the use of any portion of the Common Areas, to limit the number of guests of Lot
20
Owners and tenants who may use the Common Areas, and to provide for the exclusive
use and enjoyment of specific portions thereof at certain designated times by an
Owner, his family, tenants, guests, and invitees;
10.1.1.2 the right of the Association to suspend the voting rights
of an Owner and the right of an Owner to use certain Common Areas for any period
during which any assessment against such Owner's Lot remains unpaid;
10.1.1.3 the right of the Association to borrow money for the
purpose of improving the Common Areas, or any portion thereof, or for construction,
repairing or improving any facilities located or to be located thereon, and to give as
security for the payment of any such loan a Mortgage conveying all or any portion of
the Common Areas; provided, however, the lien and encumbrance of any such
Mortgage given by the Association shall be subject and subordinate to any rights,
interests, options, easements and privileges herein reserved or established for the
benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage,
irrespective of when executed, given by Declarant or any Lot Owner encumbering any
Lot or other property located within the Community; and
10.1.1.4 the right of the Association to dedicate or transfer all or
any portion of the Common Areas subject to such conditions as may be agreed to by
the members of the Association. No such dedication or transfer shall be effective
unless an instrument agreeing to such dedication or transfer has been approved by the
affirmative vote of at least seventy-five percent (75%) of the Total Association Vote;
provided, however, that during the Development Period, Declarant may, on its sole
signature, dedicate or transfer portions of the Common Areas, so long as such transfer
or dedication does not materially and adversely affect the Association or any Lot
Owner.
10.1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment
in and to the Common Areas and facilities located thereon to the members of such Owner's
family and to such Owner's tenants and guests and shall be deemed to have made a delegation
of all such rights to the Occupants of such Owner's Lot, ifleased.
10.2 Easements for Utilities. There is hereby reserved to the Declarant, the
Association and any utility providers designated by either the Declarant or the Association
blanket easements upon, across, above and under all property within the Community for
access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving
the Community or any portion thereof, including, but not limited to, gas, water, sanitary
sewer, storm sewer, cable television, telephone and electricity. It shall be expressly
permissible for the Declarant, the Association, or the designee of either, as the case may be, to
install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and
. maintaining of such wires, conduits, cables and other equipment related to the providing of
any such utility or service. This easement shall be utilized so as to not unreasonably interfere
with improvements constructed upon any Lot and the building envelope for any unimproved
Lot. Should any party furnishing any such utility or service request a specific license or
easement by separate recordable document, the Board shall have the right to grant such
easement.
21
,
10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual
easement for the benefit of the Association across such portions of the Community,
determined in the sole discretion of the Association, as are necessary to allow for the
maintenance required under Article 5. Such maintenance shall be performed with a minimum
of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to
protect such property, and damage shall be repaired by the Person causing the damage at its
sole expense. .
10.4 Easement for Entry Features. If Declarant installs an entry feature, there is
hereby reserved to the Declarant and the Association an easement for ingress, egress,
installation, construction, landscaping and maintenance of entry features and similar street-
scapes for the Community, as more fully described on the recorded subdivision plat for the
Community or any other recorded instrument, easement or conveyance. The easement and
right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers
and other vegetation around such entry features and the right to grade the land under and
around such entry features.
10.5 Construction and Sale Period Easement. Notwithstanding any provisions
contained in this Declaration, the Bylaws, Articles of Incorporation, rules and regulations,
design guidelines, and any amendments thereto, so long as Declarant owns any property in the
Community for development and/or sale, Declarant reserves an easement across all
Community property for Declarant and any builder or developer approved by Declarant to
maintain and carry on, upon such portion of the Comrriunity as Declarant may reasonably
deem necessary, such facilities and activities as in the sole opinion of Declarant may be
required, convenient, or incidental to Declarant's and such builder's or developer's
development, construction, and sales activities related to property described above, including,
but without limitation: the right of access, ingress and egress for vehicular and pedestrian
traffic and construction activities over, under, on or in the Community, including, without
limitation, any Lot; the right to tie into any portion ofthe Community with driveways, parking
areas and walkways; the right to tie into and/or otherwise connect and use (without a tap-on or
any other fee for so doing), replace, relocate, maintain and repair any device which provides
utility or similar services including, without limitation, electrical, telephone, natural gas,
water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over
the Community; the right to carry on sales and promotional activities in the Community; and
the right to construct and operate business offices, signs, construction trailers, model
residences, and sales offices. Declarant and any such builder or developer may use residences,
offices, or other buildings owned or leased by Declarant or such builder or developer as model
residences and sales offices. Rights exercised pursmmt to such reserved easement shall be .
exercised with a minimum of interference to the quiet enjoyment of affected property,
reasonable steps shall be taken to protect such property, and damage shall be repaired by the
Person causing the damage at its sole expense. During the Development Period, this Section
shall not be amended without the Declarant's express written consent.
ARTICLE 11
GENERAL PROVISIONS
11.1 Enforcement. Each Owner and Occupant shall comply strictly with the
Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully
22
amended or modified from time to time, and with the covenants, conditions, and restrictions
set forth in this Declaration and in the deed to such Owner's Lot, if any. After notice and an
opportunity to be heard by the Board of Directors or by a representative designated by the
Board, and in accordance with rules and regulations adopted by the Board, the Board may levy
reasonable fines for violations of the above (in addition to any late charges that may be
assessed in connection with the late payment of assessments or other Association charges) in
accordance with a previously established schedule adopted by the Board and furnished to the
Owners, which fines shall be collected as provided herein for the collection of assessments.
Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be
grounds for an action to recover sums due for damages or injunctive relief, or both,
maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by
an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing
shall in no event be deemed a waiver of the right to do so thereafter. The City of Renton shall
have any and all authority to enforce this Declaration with respect to the maintenance required
in Section 5.1, including but not limited to the maintenance of the storm water detention and
drainage facilities, wetland tract, and private streets as shown on the plat.
11.2 Duration. This Declaration shall run with and bind the Community, and shall
inure to the benefit of and shall be enforceable by the Association or any Owner, their
respective legal representatives, heirs, successors, and assigns, perpetually to the extent
provided by law; provided, however, so long as and to the extent that Washington law limits
the period during which covenants restricting land to certain uses may run, any provisions of
this Declaration affected thereby shall run with and bind the land so long as permitted by such
law, after which time, any such provision shall be (a) automatically extended (to the extent
allowed by applicable law) for successive periods often (10) years, unless a written
instrument reflecting disapproval signed by the then Owners of at least seventy-five percent
(75%) of the Lots and the Declarant (so long as the Declarant owns any property for
development and/or sale in the Community) has been recorded within the year immediately
preceding the beginning of a ten (10) year renewal period agreeing to change such provisions,
in whole or in part, or to terminate the same, in which case this Declaration shall be modified
or terminated to the extent specified therein; or (b) extended as otherwise provided by law.
Every purchaser or grantee of any interest (including, without limitation, a security interest) in
any real property subject to this Declaration, by acceptance of a deed or other conveyance
therefor, thereby agrees that such provisions of this Declaration may be extended and renewed
as provided in this Section.
11.3 Amendments.
11.3.1 This Declaration may be amended unilaterally at any time and from
time to time by Declarant (i) if such amendment is necessary to bring any provision hereof
into compliance with any applicable governmental statute, rule, or regulation or judicial
determination which shall be in conflict therewith; (ii) if such amendment is necessary to
enable any title insurance company to issue title insurance coverage with respect to the Lots
. subject to this Declaration; (iii) if such amendment is required by an institutional or
governmental lender or purchaser of mortgage loans, including, for example, the Federal
National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such
lender or purchaser to make or purchase Mortgage loans on the Lots subject to this
Declaration; or (iv) if such amendment is necessary to enable any governmental agency or
private insurance company to insure or guarantee Mortgage loans on the Lots subject to this
23
Declaration; provided, however, any such amendment shall not adversely affect the title to any
Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as
. Declarant owns any property for development and/or sale in the Community, Declarant may
unilaterally amend this Declaration for any other purpose; provided, however, any such
amendment shall not materially adversely affect the substantive rights of any Lot Owners
hereunder, nor shall it adversely affect title to any Lot without the consent ofthe affected Lot
Owner. Notwithstanding the above, this Declaration shall not be amended with respect to the
maintenance requirements for the stormwater detention and drainage facilities, wetland tract,
or private roads as shown on the plat without prior written approval from the City of Renton.
11.3.2 This Declaration may also be amended upon the affirmative vote or
written consent, or any combination thereof, of the Owners of at least seventy-five percent
(75%) ofthe Total Association Vote and the consent of Declarant (so long as the Declarant
owns any property for development and/or sale in the Community) .. Amendments to this
Declaration shall become effective upon recordation, unless a later effective date is specified
therein.
11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any
other Person shall bring any action for partition or division of the whole or any part thereof
without the written consent of all Owners of all portions of the property located within the
Community and without the written consent of all holders of all Mortgages encumbering any
portion of the property, including, but not necessarily limited to, the Lots located within the
Community.
11.5 Gender and Grammar. The singular, wherever used herein, shall be
construed to mean the plural, when applicable, and the use ofthe masculine pronoun shall
include the neuter and feminine.
11.6 Severability. Whenever possible, each provision ofthis Declaration shall be
interpreted in such manner as to be effective and valid, but if the application of any provision
of this Declaration to any person or to any property shall be prohibited or held invalid, such
prohibition or invalidity shall not affect any other provision or the application of any provision
which can be given effect without the invalid provision or application, and, to this end, the
provisions of this Declaration are declared to be severable.
11.7 Captions. The captions of each Article and Section hereof, as to the contents
of each Article and Section, are inserted only for convenience and are in no way to be
construed as defining, limiting, extending, or otherwise modifying or adding to the particular
Article or Section to which they refer.
11.8 Perpetuities. If any of the covenants, conditions, restrictions, or other
provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule
against perpetuities, then such provisions shall continue only until twenty-one (21) years after
the death of the last survivor of the now-living descendants ofthe individuals signing this
Declaration.
11.9 Indemnification. To the fullest extent allowed by applicable Washington law,
the Association shall indemnify every officer and director against any and all expenses,
including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any
24
officer or director in connection with any action, suit, or other proceeding (including
settlement of any suit or proceeding, if approved by the then Board of Directors) to which
such officer or director may be a party by reason of being or having been an officer or director.
The officers and directors shall not be liable for any mistake of judgment, negligent or
otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or
bad faith. The officers and directors shall have no personal liability with respect to any
contract or other commitment made by them, in good faith, on behalf of the Association
(except to the extent that such officers or directors may also be members of the Association),
and the Association shall indemnify and forever hold each such officer and director free and
harmless against any and all liability to others on account of any such contract or commitment.
Any right to indemnification provided" for herein shall not be exclusive of any other rights to
which any officer or director, or former officer or director, may be entitled. The Association
may, at the discretion of the Board, maintain adequate general liability and officers' and
directors' liability insurance to fund this obligation, if such coverage is reasonably available.
11.10 Books and Records. This Declaration, the Articles of Incorporation, the
Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership
register, books of account, and minutes of meetings of the members of the Board and of
committees shall be made available pursuant to reasonable procedures established by the
Board for inspection and copying by any member of the Association or by the duly appointed
representative of any member and by holders, insurers, or guarantors of any first Mortgage at
any reasonable time and for a purpose reasonably related to such Person's interest as a
member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or
at such other reasonable place as the Board shall prescribe.
11.11 Financial Review. At least annually, the Board of Directors shall prepare, or
cause to be prepared, a financial statement of the Association. Upon written request of any
institutional holder of a first Mortgage and upon payment 'of all necessary costs, such holder
shall be entitled to receive a copy of such financial statement within ninety (90) days of the
date of the request.
11.12 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases
such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective
date of such sale or lease, the name of the purchaser or lessee of the Lot and such other
information as the Board may reasonably require. Upon acquisition of a Lot each new Owner
shall give the Association, in writing, the name and mailing address ofthe Owner and such
other information as the Board may reasonably require.
11.13 Agreements. Subject to the prior approval of Declarant (so long as Declarant
owns any property for development and/or sale in the Community or has the right to
unilaterally annex additional property to the Community) all agreements and determinations,
including settlement agreements regarding litigation involving the Association, lawfully
authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal
representatives, successors, assigns, and others having an interest in the Community or the
privilege of possession and enjoyment of any part of the Community.
11.14 Implied Rights. The Association may exercise any right or privilege given to
it expressly by this Declaration, the Bylaws, the Articles ofIncorporation, any use restriction
or rule or regulation, and every other right or privilege reasonably to be implied from the
25
.'
existence of any right or privilege given to it therein or reasonably necessary to effectuate any
such right or privilege.
11.15 Variances. Notwithstanding anything to the contrary contained herein, the
Board of Directors or its designee shall be authorized to grant individual variances from any
of the provisions of this Declaration, the Bylaws and any Design Guideline rule, regulation or
use restriction established pursuant thereto if it determines that waiver of application or
enforcement of the provision in a particular case would not be inconsistent with the overall
scheme of development for the Community.
11.16 Litigation. No judicial or administrative proceeding shall be commenced or
prosecuted by the Association unless approved by at least seventy-five percent (75%) ofthe
Total Association Vote. This Section shall not apply, however, to (i) actions brought by the
Association to enforce the provisions of this Declaration (including, without limitation, the
foreclosure of liens), (ii) the imposition and collection of assessments as provided in Article 4
hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims
brought by the Association in proceedings instituted against it. This Section shall not be
amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof,
or is approved by the percentage votes, and pursuant to the same procedures, necessary to
institute proceedings as provided above.
EXECUTED the day and year first above written.
Owner:
CThonulsFOs~
Langley Development Group, Inc. (Declarant)
State of Washington )
)ss.
County of King )
I certify that I know or .have satisfactory evidence that C. Thomas Foster as President of Langley
Development Group, Inc. a Washington Corporation is the person who appeared before me, and
said person acknowledged that he signed this instrument and acknowledged it to be his free and
voluntary act for the use~."'llld.p~oses mentioned in the instrument. ----~ NeU~..'\, . ; • .'),.<c,v, • ••••• "'4 ~ ", I..., Q I/'] II>()Li
(Seal Or Stamp) !f;~~s'ON ~~"':"., \, ~Dat~d: _. f'-~t-L-,-.tf;-"~Dt-y_~_,-,1 ____ _
~ i~ ~O"ARY ~.~ , /1 AI ~ ~ .0 ._ (J) • ~ ......... 'v-1\ ~ ·0 -.,. . ~" \. PUBL\G .... ./ J Not~ Public iN-and for the State of Washington
'. ~~ 9-19"\)"~.··; ResIdmg at: --!-:K..lA'l-:,-:-:..;.~.-:-..,-=---.-;--__ _ ",,'("OFWAS-"? Printed Name: Mtdle.le.. tJULvn&tVl.Vl
\""" ...... ----My Appointment Expires ct./lq I ZOVfS""N
DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
PLANNINGIBUILDINGIPUBLIC WORKS
MEMORANDUM
November 2, 2004
Gregg Zimmerman, Administrator
Arneta Henninger, Development Services
BROOKEFIELD II FINAL PLAT
LUA 04-091FP
NE 11 CT EAST OF HOQUIAM A VB NE
I am submitting the attached original final plat mylars for your signature.
Construction is complete and the inspector has signed off. Fire has signed off, Technical Services
has signed off and the Planner has signed off.
I have been the Plan Reviewer and Project Manager from civil plans to final plat and I recommend
that this plat be approved for recording.
The yellow file is attached for your use. If you have any questions please call me at X7298. Thank
you.
cc: Kayren K.
CITY OF RENTON, WASHINGTON
RESOLUTION NO. 3720
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
APPROVING FINAL PLAT (BROOKEFIELD ll; FILE NO. LUA-04-091FP).
WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract
ofland as hereinafter more particularly described, located within the City of Renton, has been duly
approved by the PlanninglBuildinglPublic Works Department; and
WHEREAS, after investigation, the Administrator ofthe PlanninglBuildinglPublic Works
Department has considered and recommended the approval of the final plat, and the approval is
proper and advisable and in the public interest; and
WHEREAS, the City Council has determined that appropriate provisions are made for
the public health, safety, and general welfare and for such open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and
recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that
assure safe walking conditions for students who walk to and from school; and
WHEREAS, the City Council has determined that the public use and interest will be
served by the platting ofthe subdivision and dedication;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
SECTIONll. The final plat approved by the PlanninglBuildinglPublic Works
Department pertaining to the following described real estate, to wit:
See Exhibit "A" attached hereto and made a part hereof as iffully set forth
1
RESOLUTION NO. 3720
(The property, consisting of approximately 4.65 acres, is located in the vicinity of
NE 11 th Ct. and Hoquiam Avenue NE)
is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and
subject to the findings, conclusions, and recommendation of the PlanninglBuildinglPublic Works
Department dated October 1,2004.
PASSED BY THE CITY COUNCIL this 11th day of_----=o.:::.c=to=b=e::.:r'---__ , 2004.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 11 th day of_--=o;....::c;....::tc.:;o.=b.=.e=-r ____ :, 2004.
(ll/~-J~
Kathy ~ olker-Wheeler, Mayor
Approved as to form:
RES. 1 074: 1 0/5/04:ma
2
CORE DESIGN, INC.
BELLEVUE WA 98007
Legal Description
Parcel A:
RESOLUTION NO. 3720
Core Project No: 03100
10/3/03
The south half of the northeast quarter of the northwest quarter of the northeast
quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County,
Washington.
Except the north 165 feet thereof
AND Except the west 30 feet as conveyed to King County for road by Deed
recorded under Auditor's File No. 3263478, in King County, Washington;
Parcel B:
That portion of Section 10, Township 23 North, Range 5 East, W.M., in King
County, Washington, described as follows:
Portion of the south 10 acres of the north 20 acres of the east half of the northeast
quarter; lying west of Honey Creek Estates.
03100LOllegal.doc, 7/15/04, page 1
5
~ ~£)ESIGN
RESOLUTION NO. 3720
4
RE.NTON
BROOK£FlELD
OIVo 1/
VICINITY MAP
NOT TO SCALE
'''.11.' HE ;m, Ploc~ •. #,ol
.s.no. ..... w""'l!>!i, .. : 9<1007
42S:,/I5.7B!7 "'~ .:n:iJ85.7963
15
f.NGfNEERiNG., Pl~NN1NG· SUifVEY/NG
JOSNO_ 03:LOO
11
October 11, 2004
Utilities Committee
CAG: 00-104, Business
Recycling Program, Cascadia
Consulting Group
Finance Committee
Finance: Vouchers
Finance: Petty Cash Funds,
Total Limit Increase
RESOLUTIONS AND
ORDINANCES
Resolution #3719
EDNSP: IKEA Commercial
District Designation
Resolution #3720
Plat: Brookefield II, NE 11 th
Ct & Hoquiam Ave NE, FP-
04-09L ~
Resolution #3721
Finance: Petty Cash Funds,
Total Limit Increase
NEW BUSINESS
Public Works: SW 7th St
Construction
Policy: Street Name Changes
Renton City Council Minutes Page 350
Utilities Committee Chair Clawson presented a report recommending
concurrence in the staff recommendation to approve Addendum #4 to CAG-OO-
104, contract with Cascadia Consulting Group, Inc., in the amount of $74,000
to continue the Business Recycling Program for 2004-2005 by revising the
scope of work, cost estimate, and schedule for the Business Assistance
Program. The Committee further recommended that the Mayor and City Clerk
be authorized to execute the addendum. MOVED BY CLAWSON,
SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE
REPORT. CARRIED.
Finance Committee Chair Corman presented a report recommending approval
of Claim Vouchers 230804 -231171 and two wire transfers totaling
$2,273,072.45; and approval of Payroll Vouchers 53736 -53974, one wire
transfer and 572 direct deposits totaling $1,812,438.50. MOVED BY
CORMAN, SECONDED BY LAW, COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED.
Finance Committee Chair Corman presented a report recommended approval of
the resolution updating Resolution 2614, which authorizes early payment of
claims and petty cash funds. The update increases the possible total amount of
petty cash Citywide to $25,000, and removes the requirement that the Finance
Director be bonded since the City carries insurance on all public officials. The
, Committee further recommended that the resolution regarding this matter be
presented for reading and adoption. MOVED BY CORMAN, SECONDED BY
LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED.
(See later this page for resolution.)
The following resolutions were presented for reading and adoptiori:
A resolution was read designating the IKEA Commercial District; SW 43rd St.
on the south, SW 41st St. on the north, East Valley Hwy. on the east, and
Oakesdale Ave. SW on the west. MOVED BY CLAWSON, SECONDED BY
PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED ..
A resolution was read approving the Brookefield II Final Plat; approximately
4.65 acres located in the vicinity ofNE 11th Ct. and Hoquiam Ave. NE (FP-04-
091). MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL
ADOPT THE RESOLUTION AS READ. CARRIED.
A resolution was read authorizing the Finance and Information Services
Department Administrator to make early payment of claims and authorizing
petty cash funds. MOVED BY LAW, SECONDED BY NELSON, COUNCIL
ADOPT THE RESOLUTION AS READ. CARRIED.
Councilwoman Palmer inquired as to when the construction on SW 7th St. will
be completed. Mayor Keolker-Wheeler replied that the Administration will
investigate.
MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL REFER
THE POLICY ON STREET NAME CHANGES TO THE
TRANSPORT A nON COMMITTEE. CARRIED.
October 11, 2004
CONSENT AGENDA
Council Meeting Minutes of
October 4, 2004
EDNSP: HoteVMotel Tax
Revenue Allocation to
Marketing Campaign, IKEA
10th Anniversary Promotion
EDNSP: IKEA Commercial
District Designation
Development Services:
Nicholson Short Plat, ROW
Dedication, NE 28th St
Plat: Brookefield n, NE 11th
Ct & Hoquiam Ave NE, FP-
04-091 -
Police: Jail Bookings and Fees
Separate Consideration
Item S.d.
Planning: South Lake
Washington Redevelopment
Conceptual Plan and Planned
Action
Renton City Council Minutes Page 348
City Attorney Larry Warren pointed out that any materials delivered to the City
are public record unless they fall within one of the exceptions to the Public
Records Act.
Continuing, Ms. Petersen requested that Section 1-5-2 of City Code be changed
to clearly place the content and subjects of requests for executive session under
the same level of confidentiality as the executive session itself.
Items on the consent agenda are adopted by one motion which follows the
listing. At the request of the Administration, item 8.d. was removed for
separate consideration.
Approval of Council meeting minutes of October 4, 2004. Council concur.
Economic Development, Neighborhoods and Strategic Planning Department
recommended approval of the Renton Lodging Tax Advisory Committee
recommendation to allocate up to an additional $12,000 of hotel/motel tax
revenues to the Renton Community Marketing Campaign for street banners and
other activities promoting IKEA's 10th Anniversary celebration. Council
concur.
Economic Development, Neighborhoods and Strategic Planning Department
recommended approval to designate the area bordered by SW 43rd St. on the
south, SW 41st St. on the north, East Valley Hwy, on the east,.and Oakesdale
Ave. SW on the west as the IKEA Commercial District. Council concur (See
page 350 fo~ resolution.)
Development Services Division recommended acceptance of thededic~tiol1 of
816.70 square feet of additional right-of-way to widen NE 28th St. as required
by the Nicholson Short Plat (SHP-02-111). Council concur.
Development Services Division recommended approval, with conditions, of the
Brookefield n Final Plat; 16 single-family lots on 4.65 acres located at NE 11 th
Ct. and Hoquiam Ave. NE (FP-04-091). Council concur. (See page 350 for
resolution.)
Police Department recommended approval of the following: accept jail
bookings from other municipalities on a space-available basis; set the jail
booking fee at $64.83 per day per inmate; and prepare and present for adoption
the necessary legislation to implement the contracts as part of the 2005 budget
process. Refer to Public Safety Committee.
MOVED BY PERSSON, SECONDED BY CORMAN, COUNCn.. APPROVE
THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 8. d. FOR
SEPARATE CONSIDERATION. CARRIED.
Economic Development, Neighborhoods and Strategic Planning Department
submitted a Conceptual Plan for the 46-acre surplus Boeing property in South
Lake Washington proposed by developer Center Oak Properties, and a Planned
Action requested by Center Oak Properties for its project. Refer the .
Conceptual Plan to Committee of the Whole; set public hearing on 10/25/2004
111812004 to consider the Planned Action.
MOVED BY PERSSON, SECONDED BY LAW, COUNCn.. APPROVE
CONSENT AGENDA ITEM 8.d. AS AMENDED TO CHANGE THE
PUBLIC HEARING DATE TO 1118/2004. CARRIED.
Cl" { OF RENTON COUNCIL AGENDA dILL
I AI #: 2? ~ c:-.
Submitting Data: Planning/Building/Public Works For Agenda of: October 11, 2004
Dept/Div/Board .. Development Services Division
Staff Contact ...... Arneta.Henninger X7298 Agenda Status
Consent. ............. X
Subject: Public Hearing ..
BROOKEFIELD n FINAL PLAT Correspondence ..
File NO.: LUA 04-091FP (Preliminary Plat LUA 03-Ordinance .............
001) Resolution ............ X
Old Business ........
Exhibits: New Business .......
1. Resolution and legal description Study Sessions ......
2. Staff report and Recommendation October 1, 2004 Information .........
Recommended Action: Approvals:
Council concur Legal Dept ......... X
Finance Dept. .... .
Other .............. .
Fiscal Impact: N/A
Expenditure Required ... Transfer/Amendment. ..... .
Amount Budgeted ...... . Revenue Generated ........ .
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
The recommendation for approval of the referenced fInal plat is submitted for Council action.
This fmal plat subdivides 4.65 acres into 16 single family residential lots with sanitary sewer,
storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design
and construction of utilities, lighting and pavement will be approved, accepted or deferred (and
a security device posted) as required through the Board of Public Works prior to recording the
plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to .
recording the plat.
STAFF RECOMMENDATION:
Approve the BrookefIeld II Final Piat, LUA 04-091FP, with the following conditions and adopt
the resolution.
1. All plat fees shall be paid prior to recording·the plat.
2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff
prior to recording the plat.
I:\Templates\AGNBHPII.doc/
CITY OF RENTON, WASHINGTON
RESOLUTION NO. ----
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
APPROVING FINAL PLAT (BROOKEFIELD H; FILE NO. LUA-04-091FP).
WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract
ofland as hereinafter more particularly described, located within the City of Renton, has been duly
approved by the PlanninglBuildinglPublic Works Department; and
WHEREAS, after investigation, the Administrator ofthe PlanninglBuildinglPublic Works
Department has considered and recommended the approval of the final plat, and the approval is
proper and advisable and in the public interest; and
I
WHEREAS, the City Council has determined that appropriate provisions are made for
the public health, safety, and general welfare and for such open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and
recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that
assure safe walking conditions for students who walk to and from school; and
WHEREAS, the City Council has determined that the public use and interest will be
served by the platting of the subdivision and dedication;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
SECTION II. The final plat approved by the PlanninglBuildinglPublic Works
Department pertaining to the following described real estate, to wit:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth
1
RESOLUTION NO. ---
(The property, consisting of approximately 4.65 acres, is located in the vicinity of
NE 11th Ct. and Hoquiam Avenue NE)
is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and
subject to the findings, conclusions, and recommendation of the PlanninglBuildinglPublic Works
Department dated October 1, 2004.
PASSED BY THE CITY COUNCIL this ___ day of _______ , 2004.
Bonnie 1. Walton, City Clerk
APPROVED BY THE MAYOR this ___ day of ________ , 2004.
Kathy Keolker-Wheeler, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES. 1 074: 10/5/04:ma
2
CORE DESIGN, INC.
BELLEVUE WA 98007
Legal Description
Parcel A:
Core Project No: 03100
10/3/03
The south half of the northeast quarter of the northwest quarter of the northeast
quarter of Section. 10, Township 23 North, Range 5 East, W.M., in King County,
Washington.
Except the north 165 feet thereof
AND Except the west 30 feet as conveyed to King County for road by Deed
recorded under Auditors File No. 3263478, in King County, Washington;
Parcel B:
That portion of Section 10, Township 23 North, Range 5 East, W.M., in King
County, Washington, described as follows:
Portion of the south 10 acres of the north 20 acres of the east half of the northeast
quarter; lying west of Honey Creek Estates.
03100LOllegal.doc, 7115/04, page 1
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9 I
R E ,N T ON
BROOK£FJELD
,01V. 1/
VICINITY MAP fo!OrTO~~
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ENGfNEERI~G, fl,i,NNING· SVil:VH'INQ
15
11
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DEVELOPMENT SERVICES DIVISION
BUILDINGIPLANNINGIPUBLIC WORKS
CITY OF RENTON
STAFF REPORT AND RECOMMENDATIONS
APPLICANT:
LOCATION:
SUMMARY OF REQUEST:
RECOMMENDATION:
Langley Development Group, Inc.
Brookefield n Final Plat
(preliminary Plat LUA 03-001PP)
File: LUA 04-091FP
NE 11th Ct and Hoquiam Ave NE
Section 10, Twp. 23 N. Rng. 5 E.
Final Plat for 16 single family residential lots
with sewer, storm, streets and lighting.
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, Langley Development Group, Inc., filed a request for approval of a 16 lot Final
Plat.
2. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA)
documentation and other pertinent materials was 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 February 25, 2003, 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 NE 11 Ct and Hoquiam Ave NE. The new plat is located in
Section 10, Twp. 23 N. Rng. 5 E.
6. The subject site is a 4.65 acre parcel.
7. The Preliminary Plat received City of Renton Council approval on October 13, 2003.
s. The property is located within the R-5 (single family - 5 dwelling units/acre) and R-S zoning
designation (single family -S dwelling units/acre).
9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan.
10. 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 conditions imposed by the ERe:
1. In order for conventional spread footings to be utilized, at the time of building construction
buried fill located beneath the building footprints and from a minimum of five feet beyond the
edges of the proposed building site shall be removed. If needed, the material removed may be
replaced with structural backfill.
This condition will be met by action taken by developer.
2. The lots (Lots 14 -16) located on the east parcel shall have a minimum 15 foot building
setbackfrom thefifty foot wetland buffer. This condition and the setback line shall be noted
on the final plat.
The building setback line has been shown on the Final Plat.
3. On site soils shall not be usedfor structuralfill or backfill. Fill shall be imported.
This condition will be met by action taken by developer.
4. The placement and compaction of structural fill and backfill shall be placed in horizontal
loose lifts not exceeding ten inches thick and compacted to 95 percent of the maximum
density.
This condition will be met by action taken by developer.
5. The applicant shall install a silt fence along the downslope perimeter of the area that is to be
disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall
be constructed in conformance with the specifications presented in the King County Surface
Water Design Manual (KCSWDM). This will be required during the construction of both off-
site and on-site improvements as well as building construction. .
This condition will be met by the completion of construction of the approved
engineering plans.
6. Shallow drainage swales shall be constructed to intercept surface water flow and route the
flow away from the construction area to a stabilized discharge point. Vegetation growth
shall be established in the ditch by seeding or placing sod Depending on site grades, it may
be necessary to line the ditch with rock to protect the ditchfrom erosion and to reduce flow
rates. The design and construction of drainage swales shall conform to the specifications
presented in the 1998 King County Surface Water Drainage Manual. Temporary pipe
systems can also be used to convey storm water across the site. This will be required during
the construction of both off-site and on-site improvements as well as building construction
This condition will be met by the completion of construction of the approved
engineering plans.
7. The project contractor shall perform daily review and maintenance of all erosion and
sedimentation control measures at the site during the construction of both off-site and on-site
improvements as well as building construction.
This condition will be met by action taken by developer.
8. Weekly reports on the status and condition of the erosion control plan with any
recommendations of change or revision to maintenance schedules or installation shall be
submitted by the project Engineer of record to the public works inspector for the construction
of the civil improvements of the plat.
This condition will be met by action taken by developer.
2
BROOKEFIELDIIFP.DOCI
9. The applicant shall be required to install silt fencing with brightly colored construction flags
to indicate the boundaries of the wetland area and buffer prior to the issuance of construction
permits.
This condition has been met by action taken by developer.
10. The applicant shall be required to install a split-rail fence or other approved barrier along
the entire edge of the wetland buffer to denote the critical area prior to recording of the final
plat.
This condition will be met by action taken by developer.
11. The applicant shall be required to design the project according to the 1998 King County
Surface Water Manual for water quality treatment and detention.
The approved engineering plans have been prepared according to the 1998 King County
Surface Water Manual.
12. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of$488.00 per
new single family lot with credit given for the existing single family lot. The fee shall be paid
prior to the recording of the final plat.
These fees shall be paid prior to the recording of the Final Plat.
13. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new
average daily trip associated with the project with credit given for the existing single family
lot. The fee shall be paid prior to the recording of the final plat.
These fees shall be paid prior to the recording of the Final Plat.
14. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new
single family lot with credit given for the existing single family lot. The fee shall be paid prior
to the recording of the final plat.
These fees shall be paid prior to the recording of the Final Plat.
11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary
Plat:
1. The applicant shall place a note on the final plat mylar stating that the front yard of Lot 13
shall face north toward the private street and the front yards of Lots 14 through 16 shall face
to the west.
This has been noted on the Final Plat.
2. The applicant shall obtain a demolition permit and complete all inspections and approvals
for demolition of the single family residence and all outbuildings (shop) located on the
property. The satisfaction of this requirement is subject to the review and approval of the
Development Services Project Manager prior to the recording of the final plat.
This condition has been met by action taken by the developer.
3. The applicant shall install a six (6) foot high solid fence along the north property line of the
R-8 zoned parcel. The fence shall remain until such time that the adjacent parcels to the north
are developed and the remaining half street improvements to NE 1 i h Court are constructed.
This shall be noted on the face of the final plat.
This condition will be met by the completion of construction of the approved
engineering plans and has been noted on the Final Plat.
3
BROOKEFIELDIIFP.DOC/
4. The applicant shall be required to install a "Private Road" sign with addresses being served
from the private access easement at the intersection of the public road and the private street.
The sign shall be installed at the time of building construction.
This condition will be met by the completion of construction of the approved
engineering plans.
5. A homeowner's association or maintenance agreement shall be created concu"ently with the
recording of the final plat in order to establish maintenance responsibilities for all private
drives. A draft of the document(s} shall be submitted to the City of Renton Development
Services Division for review and approval by the City Attorney and Property Services section
prior to the recording of the final plat.
This condition will be met by action taken by developer.
6. The applicant shall pay the appropriate Issaquah School District Mitigation Fee based on
$2,937.00 per new single family lot (total of four new lots). The fee shall be paid prior to
building permit approval.
These fees shall be paid prior to building permit approval.
7. The applicant shall incorporate language acceptable to the City Attorney limiting the use of
Tract A (now labeled Tract B on the drawing) to serving for storm water detention and open
space and precluding the development of the parcel with a residence.
This has been noted on the Final Plat.
8. The applicant shall comply with the conditions imposed by the ERe.
This condition will be met by action taken by developer.
The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and
therefore should be approved by the City Council.
RECOMMENDATION:
The City Council should approve the Final Plat with the following conditions:
1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior
to the recording of the plat.
2) All fees shall be paid prior to the recording ofthe plat.
SUBMITTED TIllS 1ST DAY OF OCTOBER, 2004
4
BROOKEFIELDIIFP.DOCI
~~ DEVELOPMENTSER~
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DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
November 2, 2004
Carrie
Ameta Henninger X7298
BROOKEFIELD n FINAL PLAT
The engineer has stated that the area of dedicated right of way is 21,045 square
feet or 0.4831 acres. Please update our data.
If you have any questions please call me.
Thank you.
cc: Kayren K.
I:\memo.doc\cor
Printed: 10-28-2004
Payment Made:
CITY OF RENTON
1055 S. Grady Way
Renton, WA 98055
Land Use Actions
RECEIPT
Permit#: LUA04-091
10/28/200410:27 AM Receipt Number:
Total Payment: 26,047.65 Payee: FOSTER, THOMAS
Current Payment Made to the Following Items:
Trans Account Code Description
3021 303.000.00.345.85 Park Mitigation Fee
5045 304.000.00.345.85 Fire Mitigation-SFR
5050 305.000.00.344.85 Traffic Mitigation Fee
Payments made for this receipt
Trans Method Description Amount
Payment Check #1504 26,047.65
Account Balances
Amount
7,961.40
7,320.00
10,766.25
Trans Account Code Description Balance Due
3021 303.000.00.345.85 Park Mitigation Fee
5006 000.345.81.00.0002 Annexation Fees
5007 000.345.81.00.0003 Appeals/Waivers
5008 000.345.81.00.0004 Binding Site/Short Plat
5009 000.345.81.00.0006 Conditional Use Fees
5010 000.345.81.00.0007 Environmental Review
5011 000.345.81.00.0008 Prelim/Tentative Plat
5012 000.345.81.00.0009 Final Plat
5013 000.345.81.00.0010 PUD
5014 000.345.81.00.0011 Grading & Filling Fees
5015 000.345.81.00.0012 Lot Line Adjustment
5016 000.345.81.00.0013 Mobile Home Parks
5017 000.345.81.00.0014 Rezone
5018 000.345.81.00.0015 Routine Vegetation Mgmt
5019 000.345.81.00.0016 Shoreline Subst Dev
5020 000.345.81.00.0017 Site Plan Approval
5021 000.345.81.00.0018 Temp Use or Fence Review
5022 000.345.81.00.0019 Variance Fees
5023 0
5024 000.345.81.00.0024 ,Conditional Approval Fee
5036 000.345.81.00.0005 Comprehensive Plan Amend
5045 304.000.00.345.85 Fire Mitigation-SFR
5050 305.000.00.344.85 Traffic Mitigation Fee
5909 000.341.60.00.0024 Booklets/EIS/Copies
5941 000.341.50.00.0000 Maps (Taxable)
5954 604.237.00.00.0000 Special Deposits
5955 000.05.519.90.42.1 Postage
5998 000.231.70.00.0000 Tax
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R0405829
Remaining Balance Due: $0.00
DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
PLANNING/BUILDING/PUBLIC WORKS
MEMORANDUM
October 28, 2004
JanC.
Arneta Henninger X7298
BROOKEFIELD II
Please review the attached plat for final review and acceptance.
Thank you.
cc: Kayren K.
I:\memo.doc\cor
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CITY OF RENTON
PLANNING / BUILDING / PUBLIC WORKS
MEMORANDUM
Date: October 4, 2004
To: City Clerk's Office
From: Patrick Roduin
Subject: Land Use File Closeout
Please complete the following information to facilitate project closeout and indexing by the City
Clerk's Office
Project Name: Brookefield II Final Plat
LUA (file) Number: LUA-04-091, FP
Cross-References:
AKA's:
Project Manager: Susan Fiala
Acceptance Date: August 6, 2004
Applicant: Langley Development Group, Inc.
Owner: Langley Development Group, Inc.
Contact: Stephen Schrei
PID Number: 1023059099, 1023059198
ERC Decision Date:
ERC Appeal Date:
Administrative Approval:
Appeal Period Ends:
Public Hearing Date:
Date Appealed to HEX:
By Whom:
HEX Decision: Date:
Date Appealed to Council:
By Whom:
Council Decision: Date:
Mylar Recording Number:
Project Description: Final plat to subdivide 4.65 acres into 16 single family lots. The plat includes
the installation of sanitary sewer mains, storm drainage, sidewalks, street lighting and street
paving.
Location: 1100 Hoquiam Ave. NE
Comments:
-,
I'
f
City of Renton InterOffice Memo
To:
From:
Date:
SUbject:
Larry Warren, City Attorney
Arneta Henninger t{ ~
October 1, 2004
Brookefield II Final Plat
LUA 04-091FP
Attached for your action are a copy of the agenda Bill and a draft version Resolution for the
Brookefield II Final Plat. The proposed date for consideration by the Council is
October 11,2004.
If I may be of assistance in expediting this request please call me at 430-7298. Thank you.
cc: Kayren Kittrick
Yellow File LUA 04-091FP
City of Renton InterOffice Memo
To:
From:
Date:
SUbject:
Larry Warren, City Attorney
Arneta Henninger ~ \\
October 1, 2004
Brookefield n Final Plat
LUA 04-09IFP
Please review the attached language on sheet 2 of the plat as to legal form. Per the Hearing
Examiner's report under Recommendation item 7, the applicant shall incorporate language
acceptable to the City Attorney for the use of the storm water detention Tract A. Please note that
this area is labeled Tract ~ on the current drawing. The proposed date for consideration by the
Council is October 11,2004.
If I may be of assistance in expediting this request please call me at 430-7298. Thank you.
cc: Kayren Kittrick
Yellow File LUA 04-091FP
DATE:
TO:
FROM:
SUBJECT:
CITY OF RENTON
PLANNlNGIBUlLDINGIPUBLIC WORKS
MEMORANDUM
September 20, 2004
Bob Mac Onie
Sonja Fesser, Technical Services I j,
Arneta Henninger, X7298 .4, 0
BROOKEFIELD II FINAL PLAT
LUA 04-091 FP
NE 11 CT AND HOQUIAM AVE NE
FINAL REVIEW & APPROVAL FORM
If all concerns have been addressed and you recommend recording of the mylar, please
sign this memo below and return to me.
Thank you.
Approval:
Approval:
cc: Yellow File
~0ihQQ~ qj~J=4
Robert T. Mac Onie, Jr. PLS
Name Title Date Mapping Coordinator
Name Title Date
CITY OF RENTON
MEMORANDUM
DATE: September 9, 2004
Arneta Henninger TO:
FROM: Susan Fiala x 738~
SUBJECT: Brookefield Final Plat (aka Honey Crest II PP)-LUA 04-091 FP
The following are my comments of the first review of the FINAL PLAT for the subject final plat for those
items deemed to be under Development Planning review.
ERC MITIGATION MEASURES
11. The applicant shall be required to install a split-rail fence or other approved barrier along the entire
edge of the wetland buffer to denote the critical area.
Staff conducted site visit to verify its completion. Is not completed as of date of this comment.
HEX CONDITIONS \
3. Solid Fencing: (6) foot high solid fence along the north property line of the R-8 zoned parcel The
fence shall remain until such time that the adjacent parcels to the north are developed and the
remaining half street improvements to NE 11th Court are constructed. This shall be noted on the face
of the final plat.
Staff conducted site visit to verify installation. Has not been completed as of date of this
comment. The note has been placed on the face of the final plat.
4. "Private Road": Install a sign with addresses being served from the private access easement at the
intersection of public road & private street.
The sign shall be installed at the time of building construction. The sign has not been installed
as of date of this comment.
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(SEE OETAIl SHEET C2.Jl)
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M»fJTirt 80rEIN TIC iiiIuEN/. TIC EAST ~1ER N«J TIC NOIIIIE. ct1IIEHIFSE1:I/aIHi -'1'2; _ 5 EAST. /lII. PER K.CA.~
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'fER FABHIC fENCE (7'IP.)
(SEE DETAIl. SHEET C2.Jl)
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M»fJTd£8£r/IEEN TIC IiiJriMENIs FIXHJ AT 11C FAST tJtJARlFR AID 111' NfJI1nr~cr --
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c(;wTT/ACTOR SHALL SCH£:DUL£ '" PERSONNa BY PHONING 425-4~
2. StJR'fO'ORS SHA1.1. STAKE ClF"AI1I
Project Name ~ ~ e.d;~n / -.P'P .
ProjectAddress 1\06 ~ Jl/lA x/t;;-(-wi ~ p~)
Contact Person 9~ f{ ~
Address ____________ _
Phone Number _--;-________ _
Permit Number 0( l/ A ():3 --00 / ??
Project Description . J(P J~ i~ jP~.M4-~p~~
Method of Calculation: ~and Use Type: fB"" Residential (B'" ITE Trip Generation Manual o Retail o Non-retail
o Traffic Study / ..A-J -J 1_ A -) o Other <.y l.A." ~~
Calculation: .,r
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• CIs") ('1,51):::. (43.5'5 .
($15) (//13.5""5) =--/5/01/,b. '25'
Transportation Mitigation Fee: i/o} .-z~ /pc ?5
;1,1 I '
Calculated by: I-t ~ Date:
Account Number: _________ _
Date of Payment _____ ----,. ____ _
(2/02 ~~
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City of Rer •• _., Department of Planning / Building / Public I/V",'(S
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: COMMENTS DUE: AUGUST 20, 2004
APPLICATION NO: LUA-04-091, FP DATE CIRCULATED: AUGUST 6,2004
PROJECT MANAGER: Arneta Hennin
PROJECT TITLE: Brookefield II Final Plat PLAN REVIEW: Susan Fiala
SITE AREA: 202,615 s uare feet BUILDING AREA ross:
LOCATION: HOquiam Ave NE, NE 11th CT I WORK ORDER NO: 77294
SUMMARY OF PROPOSAL: Final plat to subdivide 4.65 acres into 16 single family lots. The plat includes the installation of sanitary
sewer mains, storm drainage, sidewalks, street lighting and street paving.
A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
Environment Minor Major Information Environment Minor Major Information
Impacts Impacts Necessary Impacts Impacts Necessary
Earth Housina
Air Aesthetics
Water Light/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals TransDortation
Environmental Health Public Services
Energy/ Historic/Cultural
Natural Resources Preservation
Airport Environment
10,000 Feet
14,000 Feet
B. POLICY-RELATED COMMENTS
C. CODE-RELATED COMMENTS
City of Rel'llon Department of Planning / Building / Public VVvll'{S
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: n f\:....
APPLICATION NO: LUA-04-091, FP
APPLICANT: LanQley Development GroupJ Inc.
PROJECT TITLE: Brookefield II Final Plat
COMMENTS DUE: AUGUST 20, 2004
DATE CIRCULATED: AUGUST 6,2004
PROJECT MANAGER: Arneta He[n~er~ te;
PLAN REVIEW: Susan Fiala \~<
SITE AREA: 202,615 square feet BUILDING AREA (Qross): \ \ \ \
I u ...
LOCATION: Hoquiam Ave NE, NE 11th CT WORK ORDER NO: 77294
SUMMARY OF PROPOSAL: Final plat to subdivide 4.65 acres into 16 single family lots. The plat incluc~s the inst~l~foR~N~ditA~ sewer mains, storm drainage, sidewalks, street lighting and street paving. L.....:. __ 2~' ~, ~v:,::'_::':''::;' .::::..::::::.:.:.:.:~----
A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
Environment Minor Major Information
Impacts Impacts Necessary
Environment Minor Major Information Impacts Impacts Necessary
Earth Housing
Air Aesthetics
Water Light/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals Transportation
Environmental Health Public Services
Energy/ Historic/Cultural
Natural Resources PreseNation
Airport Environment
10,000 Feet
14,000 Feet
B. POLICY-RELATED COMMENTS
C.
i n with particular attention to those areas in which we have expertise and have identified areas of probable impact or
n is needed to properly assess this proposal. r/rf) /;J
=D~at~e-'(~~/~~~r-----------
CITY OF RENTON
CURRENT PLANNING DIVISION
AFFIDAVIT OF SERVICE BY MAILING
On the 9th day of August, 2004, I deposited in the mails of the United States, a sealed envelope
containing Acceptance Letter documents. This information was sent to:
Stephen Schrei Contact
Langley Development Group, Inc. Owner
& ~ "" ......... "",', rf .......... "N "A "~I (Signature of sender.~ --:~\..~ .... :~4tO~~II,
f ~\. .. ~\SSION·~.;;.: ~ ""
STATE OF WASHINGTON ) ; /8~ ~OTA.09I_~··'~\
) SS :: r tT\ ~ ~ ~ . ...~ 0: ~
COUNTY OF KING ) ~~ ~ \. ,oUSLlC .l i
'I -Y~"" 6. .... ~: I certify that I know or have satisfactory evidence that Stacy Tucker "" ~ ···:f.~:.9~····e" f'
signed this instrument and acknowledged it to be his/her/their free and voluntary act fo'llt~ ~~----
purposes mentioned in the instrument. ,,"', .............
Dated:
Notary (Print): __ --ilIB4[1011OAa~I~''''~N_1 KI~!!\I\IIIMGl6lliElEFFFF--------------
My appointment expires: MY APPOINTMENT EXPIRES 6-29-07
Brookefield II Final Plat
LUA04-091, FP
CITye.F RENTON
, Mayor
PlanniilgIBuildinglPublic Works Department
Gregg ZimmermanP.E., Administrator
August 9, 2004
Stephen J. Schrei
Core Design, Inc.
14711 NE 29th Place, Suite 101
Bellevue, WA 98007
Subject: Brookefield II Final Plat
LUA-04-091, FP .
Dear Mr. Schrei:
The Development Planning Section 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 Y()u have any questions .
. Sincerely,
IC~~··
ArriE)ta Henninger CJ .
Engineering Specialist
cc: Langley Development Group, Inc. / Owner
------l.,-OS--S--=S-ou-t-:-h-:"G-ra--=d-y -W,-ay---R-e-nt-o-n,-W,-a-sh--:in-g-to-n-9-g-0S-S------~ * This paper contains 50% recyded material, 30% post consumer AHEAD OF THE CURVE
WA04-OCft
City of Renton DEVELOPMENT
CITY OF RE~~NIN(
LAND USE PERMIT JUL 2 9\ 2004 .
MASTER APPLICATION ReCeIVeD
PROPERTY OWNER(S) PROJECT INFORMATION
NAME: C. Thomas Foster for Langley Development PROJECT OR DEVELOPMENT NAME: Brookefield II
flf1d Pid%
ADDRESS: 6450 Southcenter Blvd., #106
CITY: Seattle, WA ZIP:98188
PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: ~(X) H:~ ~ AlE 11256142N AVE. SE RENTON, WA. 98059)
TELEPHONE NUMBER: 206-244-0122 ext: 120 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):
1023059099 and 1023059198
APPLICANT (if other than owner)
NAME: EXISTING LAND USE(S): Single Family
COMPANY (if applicable): PROPOSED LAND USE(S): Single Family
ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION:
Residential single family
CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION
(if applicable): N/A
TELEPHONE NUMBER
EXISTING ZONING: R81 R5
CONTACT PERSON PROPOSED ZONING (if applicable): N/A
NAME: Stephen J. Schrei P.L.S. SITE AREA (in square feet): 202,615
SQUARE FOOTAGE OF ROADWAYS TO BE DEDICATED
COMPANY (if applicable): Core Design, Inc. FOR SUBDIVISIONS OR PRIVATE STREETS SERVING
THREE LOTS OR MORE (if applicable): 21,045
ADDRESS: 14711 NE 29th PI, Suite 101
PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET
CITY: Bellevue, WA ZIP:98007
ACRE (if applicable): 1.97 -R5 I 6.45-R8
NUMBER OF PROPOSED LOTS (if applicable): 16 ,
TELEPHONE NUMBER AND E-MAIL ADDRESS:
425-885-7877 e-mail sjs@coredesigninc.com NUMBER OF NEW DWELLING UNITS (if applicable): 16
Q:web/pw/devserv/fonns/planninglmasterapp.doc 07/07/04
~" PRO oCT INFORMATION (continL ') ,~----------------------,
NUMBER OF EXISTING DWELLING UNITS (if applicable): 1 PROJECT VALUE:
SQUARE FOOifAGE OF PROPOSED RESIDENTIAL
BUILDINGS (if applicable): N/A
IS THE SITE LOCATED IN ANY TYPE OF
ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE
SQUARE FOOTAGE (if applicable):
SQUARE FOOTAGE OF EXISTING RESIDENTIAL
BUILDINGS TO REMAIN (if applicable): N/A
SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL
BUILDINGS (if applicable): N/A
SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL
BUILDINGS TO REMAIN (if applicable): N/A
Q AQUIFER PROTECTION AREA ONE
Q AQUIFER PROTECTION AREA TWO
Q FLOOD HAZARD AREA
Q GEOLOGIC HAZARD
____ sq.ft.
____ sq.ft.
NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if Q HABITAT CONSERVATION sq. ft.
applicable): N/A )( SHORELINE STREAMS AND LAKES 8,040 _ sq. ft.
NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE
NEW PROJECT (if applicable): N/A ~ WETLANDS IfMI' C q,~f 2.3 sq. ft.
LEGAL DESCRIPTION OF PROPERTY
(Attach legal description on separate sheet with the following information included)
SITUATE IN THE NE QUARTER OF SECTION 10 , TOWNSHIP 23 , RANGE_5_, IN
THE CITY OF RENTON, KING COUNTY, WASHINGTON.
TYPE OF APPLICATION & FEES
List all land use applications being applied for:
1. Final Plat I~O'!Pt 3.
2. 4.
Staff will calculate applicable fees and postage: $ LtJlJlJ~
AFFIDAVIT OF OWNERSHIP
I, (Print Name/s) {l 7X::,n1&H &~ Pres LAtjg,./ey ~~~fr~t~a'rl am (please check one) ta<i the current owner of the property
involved in this application or the authbrized representative to act for a corporation (please attach proof 0 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.
I certify that I know or have satisfactory evidence thatC. :m0I774..J /OJ fer
~ , signed this instrument and acknowledged it to be his/her/their free and voluntary act for the
. '. S ~::tz::-uses and purposes mentioned in th~ instrument.
==-' '
(Signature of Owner/Representative) /
. ~. " '..' Notary lic in and for the State of Washington
/ .,\",,11111111"1/;,' . --------I--,·,-;?~,·-:~~..,.\=·,~·~1',',T'""~,::"f~ .. ~,. L '71; /
(SignatureOfowner/Representi(i~~~~"'.~~~.'P,~Fi~,t~,"""to,' . ~ . /h~/~' I
I i§ ...J: ~ I'<.<ft~ $ ~ ~.~ =-~tary (Print) -'j
1'/ -=, :::: Q l ~ ;: :r:f\ 'J ') ~O / /l r-'\' \'; .... \Z~~'.,~/ ':rPft~apPointmentexPires: Ic:;;I--//1 lULL ,
, \ ~""'O J ,!t..... ~ Jl:i I 7
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Q:web/pw/devserv/forms/planning/masterapp,doc 07/07/04
I., I ,
CORE DESIGN, INC.
BELLEVUE WA 98007
Legal Description
Parcel A:.
Core Project No: 03100
10/3/03
The south half of the northeast quarter ofthe northwest quarter of the northeast
quarter of Section 10, Township 23 North, Range 5 East, W.M., in King County,
Washington.
Except the north 165 feet thereof
AND Except the west 30 feet as conveyed to King County for road by Deed
recorded under Auditor's File No. 3263478, in King County, Washington;
Parcel B:
That portion of Section 10, Township 23 North, Range 5 East, W.M., in King
County, Washington, described as follows: '
Portion of the south 10 acres of the north 20 acres of the east half of the northeast
quarter; lying west of Honey Creek Estates.
03100LO 1 legal.doc, 7/15/04, page 1
,~ . :VELOPMENT SERVICES DIVISION I
WAIVER uF SUBMITTAL REQUIRE ENTS
FOR LAND USE APPLICATIONS
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Calculations 1
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Construction Mitigation Description 2 AND 4
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Drainage Control Plan 2
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Elevations, Architectural 3 AND 4
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Existing Covenants (Recorded Copy) 4
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Flood Hazard Data 4
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Geotechnical ReporhAND3
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Grading Plan, Detailed 2
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King County. Assessor's Map Indicating Site.4
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Legal Description 4
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Mailing Labels for Property Owners 4
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Master Application Form 4
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Neighborhood Detail Map 4 o...J tV \ G
This requirement may be waived by:
1. Property Services Section. PROJECT NAME:
2. Public Works Plan Review Section
3. Building Section
4 .. Development Planning Section
Q:\WEB\PW\DEVSERWorms\Planning\waiver.xls 01/06/2004
DEVELOPMENT SERVICES DIVISIO
WAIVER OF SUBMITTAL REQUIREMENTS
FOR LAND USE APPLICATIONS
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Parking, Lot Coverage & Landscaping Analysis 4 I
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Postage 4 I
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v'~ublic Works Approval Letter2 V I
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Screening Detail 4 I
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Street Profiles 2 I
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Topography Map3 I
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Tree Cutting/Land Clearing Plan 4 I
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Utilities Plan, Generalized 2 I
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I Wetlands Mitigation Plan, Preliminary 4 I
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Wireless: I
Applicant Agreement Statement 2 AND 3
Inventory of Existing Sites 2 AND 3
Lease Agreement, Draft 2 AND 3
Map of Existing Site Conditions 2 AND. 3
Map of View Area 2 AND 3
Photosimulations 2 AND 3
This requirement may be waived by:
1. Property Services Section /3rOo'r::.--ne/c? 2 f/~ /JIM-PROJECT NAME:
2. Public Works Plan Review Section
3. Building Section ..
4. Development Planning Section
DATE: _7-+!_ZJ_~+.6_()4-____ _
Q;\WEB\PW\DEVSERV\Forms\Planning\waiver.xls 01/06/2004
J: . ''i JUN. 9.2004 r· ~. 8: 56RM CORE DESIGN INC . NO. 456
MAILBOX REQUIREMENTS
NOTICE FOR ALL NI;W PLATS AND SHO~T PLATS
City. of Renton Development Servic~ Division
1055 South GradyWay-Renton, WA 98065
Phone: 425-430-7200 Fax: 425-430-7231
"'1: VI:LOPMENT
CITY OF RE~~NING
,JUL 29 2004 .
~::.stp= :~~ ::= :v;:~:. ~:~~~;; !,::,r:~~":'::~t~:J1!CEIVED
Office, 314 WHliams Avenue South. tor their sIgn-off. Please submit a signed copy of this form
with your appl~n. . =: UJ~r ,51 D~ ~"'&A.I~ ALIt! PC. e..11c... I/OU a~u..
Owner's Name: . ~~ Fas ret'l.. " Phone
Number: .aoc,. .. :l '1'1'" () , l.~
land Use Appl~on Number: J VVt "03-CIa I
Post Offi~ Approval: GtJ.'k \)~f\QN'-
Dam:. ________ --~---------------~-
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,.,1 /'" " Core Design, Inc.
CORE ~DESIGN
July 7,2004
Core No. 03100
City of Renton
Renton City Hall
1055 S Grady Way
Renton, W A 98055
Subject: Brookefield II Final Plat
Attention Final Plat Reviewer:
14711 NE 29th Place Suite #101
Bellevue, Washington 98007
425.885.7877 Fax 425.885.7963
DEVELOPMENT PLANNING
CITY OF RENTON
JUL 292004 .
RECEIVED
As a condition of Final Plat submittal, the following address the condition of approval
from the Hearing Examiner on the above referenced project.
1. The applicant shall place a note on the final plat mylar stating that the front yard of
Lot 13 shall face north toward the private street and the front yards of Lots 14 through
16 faces to the west.
This has been noted on the Final Plat
2. The applicant shall obtain a demolition permit and complete all inspections and
approvals for demolition of the single-family residence and all outbuildings (shop)
located on the property. The satisfaction of this requirement is subj ect to the review
and approval of the Development Services.
This condition has been met by action taken by the developer.
3. The applicant shall install a six (6) foot high solid fence along the north property line
of the R-8 zoned parcel. The fence shall remain until such time that the adjacent
parcels to the north are developed and the remaining half street improvement to NE
11 th Court are constructed. This shall be noted on the face of the final plat.
This condition will be met by the completion of construction of the approved
engineering plans and has been noted on the Final Plat.
4. The applicant shall be required to install a "Private Road" sign with addresses being
served from the private access easement at the intersection of the public road and
private street. The sign shall be installed at the time of building construction.
This condition will be met by the completion of construction of the approved
engineering plans.
ENGINEERING· PLANNING· SURVEYING
1:\2003\031 00\Docs\031 00Ltr02"Brookefield final plat.doc
• --'tJ , -7/7/04 City of Renton Pg:2
5. A homeowner's association or maintenance agreement shall be created concurrently
with the recording of the final plat in order to establish maintenance responsibilities
for all shared improvements. A draft of the document(s), if necessary, shall be
submitted tot he City of Renton Development Services Division for review and
approval by the City Attorney and Property Services section prior to recording of the
Final Plat.
This condition will be met by action taken by developer.
6. The applicant shall pay the appropriate Issaquah School District Mitigation Fee based
on $2,937.00 per new single-family lot (total of four new lots). The fee shall be paid
prior to building permit approval.
These fees shall be paid prior to building permit approval.
7. The applicant shall incorporate language acceptable to the City Attorney limiting the
use of Tract A to serving for storm water detention and open space and precluding the
development of the parcel with a residence.
This has been noted on the Final Plat.
8. The applicant shall comply with the conditions imposed by the ERC.
1. The applicant shall be required to remove existing fill soils and replace with
structural backfill in order for conventional spread footing foundations to be
utilized.
This condition will be met by action taken by developer.
2. The applicant shall be required to remove buried fill located beneath building
footprints and from a minimum of five feet beyond the edges of the proposed
building site.
This condition will be met by action taken by developer.
3. The lots (Lots 14 -16) located on the east parcel shall have a minimum 15-
foot building setback from the fifty-foot wetland buffer. This condition and
the setback line shall be noted on the final plat.
The building setback line has been shown on the Final Plat.
4. Onsite soils shall not be used for structural fill or backfill. Fill shall be
imported.
This condition will be met by action taken by developer.
:. 7/7/04 City of Renton Pg: 3
5. The placement and compaction of structural fill and backfill shall be placed in
horizontal loose lifts not exceeding ten inches thick and compacted to 95
percent of the maximum density.
This condition will be met by action taken by developer.
6. The applicant shall install a silt fence along the down slope perimeter of the
area that is to be disturbed. The silt fence shall be in place before clearing and
grading is initiated, and shall be constructed in conformance with the
specifications presented in the King County Surface Water Design Manual
(KCSWDM.) This will be required during the construction of both offsite and
onsite improvements as well as building construction.
This condition will be met by the completion of construction of the approved
engineering plans.
7. Shallow drainage swales shall be constructed to intercept surface water flow
and route the flow away from the construction area to a stabilized discharge
point. Vegetation growth shall be established in the ditch by seeding or
placing sod. Depending on site grades, it may be necessary to line the ditch
with rock to protect the ditch from erosion and to reduce flow rates. The
design and construction of drainage swales shall conform to the specifications
presented in the KSCWDM. Temporary pipe systems can also be used to
convey storm water across the site. This will be required during the
construction of both offsite and onsite improvement as well as building
construction.
This condition will be met by the completion of construction of the approved
engineering plans ..
8. The project contractor shall perform daily review and maintenance of all
erosion and sedimentation control measures at the site during the construction
of both offsite and on site improvements as well as building construction.
This condition will be met by action taken by developer.
9. Weekly reports on the status and condition of the erosion control plan with
any recommendations of change or revision to maintenance schedule or
installation shall be submitted by the project engineer of record to the public
works inspector for the construction of the civil improvements of the plat.
This condition will be met by action taken by developer.
10. The applicant shall be required to install silt fencing with brightly colored
construction flags to indicate the boundaries of the wetland area and buffer
prior to the issuance of construction permits.
This condition has been met by action taken by developer.
·, . ' 7/7/04 City of Renton Pg:4
11. The applicant shall be required to install a split-rail fence or other approved
barrier along the entire edge of the wetland puffer to denote the critical area
prior to recording the Final Plat. ..
This condition will be met by action taken by developer.
12. The applicant shall be required to design the project according to the 1998
King County Surface Water Manual for water quality treatment and detention.
The approved engineering plans have been prepared according to the 1998
King County Surface Water Manual
13. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of
$488,00 per new single-family lot with credit given for the existing single-
family lot. The fee shall be paid prior to the recording of the final plat.
These fees shall be paid prior to the recording of the final plat,
14. The applicant shall pay the appropriate Traffic Mitigation Fee based on
$75.00 per each new average daily trip associated with the project with credit
given for the existing single-family lot. The fee shall be paid prior to the
recording of the final plat.
·cr These fees shall be paid prior to the recordt!lg of the final plat.
15. The applicant shall pay the appropriate Parks Mitigation Fee based on a rate
of $530.76 per new single-family lot with credit given for the existing single-
family lot. The fee shall be paid prior to the recording of the final plat.
These fees shall be paid prior to the recording of the final plat
I trust this will satisfy the City's requirement for a compliance letter regarding
Brookefield II preliminary plat conditions. If you have any questions, please do not
hesitate to call.
Sincerely, ;J;Z
Stephen J. Schrei, PLS
Project Surveyor
.' 'I!,'
BROOKFIELD II
03100
Plat Map Checks
6/29/2004
SJS
Core Design, Inc.
14711 NE 29th Place
Suite 101
Bellevue, W A 98007
Lot Report OS/27/2004 11:31
CRD File> p:\2002\02055\carlson\02055.crd
LOT NE1/4 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
7006 186228.02 1676516.44 0.00
N 88°12'17" W 2644.82
7007 186310.88 1673872.92 2644.82
S 00°08'53" W 659.51
7017 185651.37 1673871.21 3304.33
S 00°08'53" W 659.51
7014 184991.85 1673869.51 3963.85
S 00°08'53" W 1319.03
7008 183672.83 1673866.10 5282.87
S 88°20'02" E 1324.70
7013 183634.32 1675190.24 6607.57
S 88°20'02" E 1324.70
7009 183595.80 1676514.37 7932.27
N 00°02'42" E 2632.22
7006 186228.02 1676516.44 10564.49
Closure Error Distance> 0.0097 Error Bearing> S 62°09'51" W
Closure Precision> 1 in 1084219.5 Totai Distance> 10564.49
LOT AREA: 6972643 SQ FT OR 160.0699 ACRES
Lot Report OS/27/200411:35
CRD File> p:\2002\02055\carlson\02055.crd
LOT NE1/4,NE1/4 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
7006 186228.02 1676516.44 0.00
N 88°12'17" W 1322.41
7010 186269.45 1675194.68 1322.41
S 00°05'48" W 658.78
501 185610.67 1675193.57 1981.19
S 00°05'48" W 658.78
7011 184951.88 1675192.46 2639.98
S 88°16'10" E 1323.55
7012 184911.91 1676515.41 3963.53
N 00°02'42" E 1316.11
7006 186228.02 1676516.44 5279.64
Closure Error Distance> 0.0108 Error Bearing> S 20°36'24" E
Closure Precision> 1 in 486867.1 Total Distance> 5279.64
LOT AREA: 1741393 SQ FT OR 39.9769 ACRES
Lot Report Oi/27/2004 11:08
CRD File> p:\2002\02055\carlson\02055.crd
LOT SE1/4, NE1/4 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
7012 184911.91 1676515.41 0.00
N 88°16'10" W 1323.55
7011 184951.88 1675192.46 1323.55
S 00°05'48" W 1317.57
7013 183634.32 1675190.24 2641.12
S 88°20'02" E 1324.70
7009 183595.80 1676514.37 3965.82 .
N 00°02'42" E 1316.11
7012 184911.91 1676515.41 5281. 93
Closure Error Distance> 0.0059 Error Bearing> N 47°58'11" W
Closure Precision> 1 in 898774.1 Total Distance> 5281.93
LOT AREA: 1742954.SQ FT OR 40.0127 ACRES
BLOCK 1 TOTAL AREA: 1742954 SQ FT OR 40.0127 ACRES
Lot Report OS/27/200~ 11:39
CRD File> p:\2002\02055\carlson\02055.crd
LOT SW1/4, NE1/4 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
7011 184951.88 1675192.46 0.00
N 88°16'10" W 661.78
7015 18497i.87 1674530.98 661.78
N 88°16'10" W 661.78
7014 184991.85 1673869.51 1323.55
S 00°08'53" W 1319.03
7008 183672.83 1673866.10 2642.58
S 88°20'02" E 1324.70
7013 183634.32 1675190.24 3967.28
N 00°05'48" E 1317.57
7011 184951.88 1675192.46 5284.84
Closure Error Distance> 0.0032 Error Bearing> N 35°57'i4" E
Closure Precision> 1 in 1662360.0 Total Distance> 5284.84
LOT AREA: 1744929 SQ FT OR 40.0581 ACRES
Lot Report
CRD File> p:\2002\02055\carlson\02055.crd
LOT SE1/4,NW1/4, OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING
7011 184951.88 1675192.46
N 88°16'10" W 661.78
7015 184971.87 1674530.98
N 00°07'20" E 659.15
7016 185631.02 1674532.39
S 88°14'13" E 661.49
501 185610.67 1675193.57
S 00°05'48" W 658.78
7011 184951.88 1675192.46
Closure Error Distance> 0.0074 Error Bearing>S 64°44'52" E
Closure Precision> 1 in 357499.0 Total Distance> 2641.20
LOT AREA: 435816 SQ FT OR 10.0050 ACRES
BLOCK 1 TOTAL AREA: 435816 SQ FT OR 10.0050 ACRES
OS/27/2004 11: 12
STATION
0.00
661.78
1320.92
1982.42
2641.20
Lot Report OS/27/2004 11:13
CRD File> p:\2002\02055\carlson\02055.crd
LOT SW1/4,NW1/4, OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
7015 184971.87 1674530.98 0.00
N 88°16'10" W 661.78
7014 184991.85 1673869.51 661.78
N 00°08'53" E 659.51
7017 185651.37 1673871.21 1321.29
S 88°14'13" E 661. 49
7016 185631.02 1674532.39 1982.78
S 00°07'20" W 659.15
7015 184971.87 1674530.98 2641.93
Closure Error Distance> 0.0077 Error Bearing> N 24°28'19" E
Closure Precision> 1 in 344088.0 Total Distance> 2641.93
LOT AREA: 436063 SQ FT OR 10.0106 ACRES
BLOCK 1 TOTAL AREA: 436063 SQ FT OR 10.0106 ACRES
Lot Report OS/27/2004 11:14
CRD File> p:\2002\02055\carlson\02055.crd
LOT NW1/4,NW1/4, OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
7016 185631.02 1674532.39 0.00
N 88°14'13" W 661. 49
7017 185651.37 1673871.21 661.49
N 00°08'53" E 659.51
7007 186310.88 1673872.92 1321.00
S 88°12'17" E 661. 21
7018 186290.16 1674533.80 1982.21
S 00°07'20" W 659.15
7016 185631.02 1674532.39 2641.36
Closure Error Distance> 0.0077 Error Bearing> N 60°43'47" W
Closure Precision> 1 in 343267.8 Total Distance> 2641.36
LOT AREA: 435868 SQ FT OR 10.0061 ACRES
BLOCK 1 TOTAL AREA: 435868 SQ FT OR 10.0061 ACRES
Lot Report OS/27/2004 11:15
CRD File> p:\2002\02055\carlson\02055.crd
LOT NE1/4,NW1/4, OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
7018 186290.16 1674533.80 0.00
S 88°12'17" E 661.20
7010 186269.45 1675194.68 661. 20
S 00°05'48" W 658.78
501 185610.67 1675193.57 1319.99
N 88°14'13" W 661. 49
7016 185631.02 1674532.39 1981. 48
N 00°07'20" E 659.15
7018 186290.16 1674533.80 2640.63
Closure Error Distance> 0.0095 Error Bearing> S 45°23'44" E
Closure Precision> 1 in 277123.3 Total Distance> 2640.63
LOT AREA: 435621 SQ FT OR 10.0005 ACRES
BLOCK 1 TOTAL AREA: 435621 SQ FT OR 10.0005 ACRES
LOT BOUNDARY OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
500 185630.09 1674562.39 0.00
N 00°07'20" E 164.54
509 185794.63 1674562.74 164.54
S 88°13'00" E 631. 41
510 185774.99 1675193.85 795.95
N 00°05'48" E 164.96
10019 185939.94 1675194.12 960.91
S 88°12'17" E 300;13
10020 185930.54 1675494.11 1261. 04
S 00°05'48" W 329.43
10014 185601.11 1675493.55 1590.47
N 88°12'17" W 300.13
10015 185610.51 1675193.57 1890.61
N 00°05'48" E 0.15
501 185610.67 1675193.57 1890.76
N 88°14'13" W 631. 48
500 185630.09 1674562.39 2522.24
Closure Error Distance> 0.0034 Error Bearing> N 66°41'28" E
Closure Precision> 1 in 742197.6 Total Distance> 2522.24
LOT AREA: 202615 SQ FT OR 4.6514 ACRES
CRD File> P:\2003\03100\CARLSON\03100.crd
LOT CENTER LINE OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
10000 185781.56 1674532.71 0.00
S 88°13'00" E 544.82
10001 185764.61 1675077.27 544.82
N 01°47'00" E 14.00
3101 185778.60 1675077.71 558.82
N 88°13'00" W 515.22
509 185794.63 1674562.74 1074.04
N 88°13'00" W 30.01
10002 185795.57 1674532.74 1104.05
S 00°07'20" W 14.01
10000 185781.56 1674532.71 1118.06
Closure Error Distance> 0.0057 Error Bearing> N 45°07'27" E
Closure Precision> 1 in 197724.9 Total Distance> 1118.06
LOT AREA: 7630 SQ FT OR 0.1752 ACRES
Lot Report
CRD File> P:\2003\03100\CARLSON\03100.crd
LOT ROW OF BLOCK 1
PNT# BEARING DISTANCE NORTHING
509 185794.63
S 88°13'00" E 515.22
EASTING
1674562.74
'06/29/2004 13:56
STATION
0.00
2032 185778.60 1675077.7l 515.22
S 88°13'00" E 55.00
558 185776.89 1675l32.68 570.22
RADIUS: 55.00 LENGTH: 27.08 CHORD: 26.81 DELTA: 28°12'41"
CHORD BRG: S 15°53'20" W PC-R: N 88°13'00" W PT-R: N 60°00'19" W
RADIUS POINT: 2032 185778.60,1675077.71 TANGENT: 13.82
553 185751.11 1675125.34 597.30
RADIUS: 55.00 LENGTH: 27.72 CHORD: 27.43 DELTA: 28°52'31"
CHORD BRG: S 44°25'57" W PC-R: N 60°00'19" W PT-R: N 31°07'48" W
RADIUS POINT: 2032 185778.60,1675077.71 TANGENT: 14.16
552 185731.52 1675106.14 625.02
RADIUS: 55.00 LENGTH: 34.93 CHORD: 34.34 DELTA: 36°23' 12"
CHORD BRG: S 77°03'48" W PC-R: N 31°07'48" W PT-R: N 05°15'24" E
RADIUS POINT: 2032 185778.60,1675077.71 TANGENT: 18.08
551 185723.83 1675072.67 659.94
RADIUS: 55.00 LENGTH: 36.42 CHORD: 35.75 DELTA: 37°56'11"
CHORD BRG: N 65°46'31" W PC-R: N 05°15'24" E PT-R: N 43°11'34" E
RADIUS POINT: 2032 185778.60,1675077.71 TANGENT: 18.90
10025 185738.50 1675040.06 696.36
RADIUS: 25.00 LENGTH: 18.07 CHORD: 17.68 DELTA: 4P24'35"
CHORD BRG: N 67°30'43" W PC-R: S 43°11'34" W PT-R: S 01°47'00" W
RADIUS POINT: 10024 185720.28,1675022.95 TANGENT: 9.45
10023 185745.27 1675023.73 714.43
N 88°13'00" W 1.02
10022 185745.30 1675022.7l 7l5.44
N 88°13'00" W 50.05
549 185746.85 1674972.69 765.49
N 88°13'00" W 50.04
548 185748.41 1674922.67 815.54
N 88°13'00" W 50.04
547 185749.97 1674872.66 865.58
N 88°13'00" W 50.03
546 185751.53 1674822.65 915.61
N 88°13'00" W 50.02
545 185753.08 1674772.65 965.63
N 88°13'00" W 50.02
544 185754.64 1674722.66 1015.65
N 88°13'00" W 50.02
543 185756.20 1674672.66 1065.67
N 88°13'00" W 50.02
542 185757.75 1674622.66 1115.69
N 88°13'00" W 44.58
10026 185759.14 1674578.10 1160.27
RADIUS: 15.00 LENGTH: 24.00 CHORD: 21.52 DELTA: 9P39'39"
CHORD BRG: S 45°57'10" W PC-R: S 01°47'00" W PT-R: S 89°52'40"E
RADIUS POINT: 10027 185744.15,1674577.63 TANGENT: 15.44
10028 185744.18 1674562.63 1184.27
N 00°07'20" E 36.45
10003 185780.63 1674562.7l
N 00°07'20" E 14.01
509 185794.63 1674562.74
Closure Error Distance> 0.0110 Error Bearing> N 79°32'44" W
Closure Precision> 1 in 111898.6 Total Distance> 1234.73
LOT AREA: 21045 SQ FT OR 0.4831 ACRES
BLOCK 1 TOTAL AREA: 21045 SQ FT OR 0.4831 ACRES
1220.72
1234.73
Lot Report
CRD File> P:\2003\03100\Carlson\03100.crd
LOT 1 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING
513 185628.25
N 88°14'13" W 60.02
500 185630.09
N 00°07'20" E 114.09
3165 185744.18
EASTING
1674622.39
1674562.39
1674562.63
06/16/2004 07:45
STATION
0.00
60.02
174.11
RADIUS: 15.00 LENGTH: 24.00 CHORD: 21.52 DELTA: 9P39'39"
CHORD BRG: N 45°57'10" E PC-R: S 89°52'40" E PT-R: SOl°47'OO" W
RADIUS POINT: 3166 185744.15,1674577.63 TANGENT: 15.44
3167 185759.14 1674578.10 198.11
S 88°13'00" E 44.58
542 185757.75 1674622.66
S 00°07'20" W 129.51
513 185628.25 1674622.39
Closure Error Distance> 0.0021 Error Bearing> S 58°31'55" W
Closure Precision> 1 in 176968.9 Total Distance> 372.20
LOT AREA: 7719 SQ FT OR 0.1772 ACRES
242.69
372.20
LOT 2 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
514 185626.71 1674672.38 0.00
N 88°14'13" W 50.02
513 185628.25 1674622.39 50.02
N 00°07'20" E 129.51
542 185757.75 1674622.66 179.53
S 88°13'00" E 50.02
543 185756.20 1674672.66 229.55
S 00°07'20" W 129.49
514 185626.71 1674672.38 359.04
Closure Error Distance> 0.0024 Error Bearing> S 12°21'25" E
Closure Precision> 1 in 152112.5 Total Distance> 359.04
LOT AREA: 6475 SQ FT OR 0.1486 ACRES
LOT 3 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
515 185625.17 1674722.38 0.00
N 88°14'13" W 50.02
514 185626.71 1674672.38 50.02
N 00°07'20" E 129.49
543 185756.20 1674672.66 179.51
S 88°13'00" E 50.02
544 185754.64 1674722.66 229.53
S 00°07'20" W 129.47
515 185625.17 1674722.38 359.00
Closure Error Distance> 0.0024 Error Bearing> S .12°21'25" E
Closure Precision> 1 in 152097.4 Total Distance> 359.00
LOT AREA: 6474 SQ FT OR 0.1486 ACRES
LOT 4 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
516 185623.63 1674772.38 0.00
N 88°14'13" W 50.02
515 185625.17 1674722.38 50.02
N 00°07'20" E 129.47
544 185754.64 1674722.66 179.49
S 88°13'00" E 50.02
545 185753.08 1674772.65 229.51
S 00°07'20" W 129.45
516 185623.63 1674772.38 358.97
Closure Error Distance> 0.0024 Error Bearing> S 12°21'25" E
Closure Precision> 1 in 152082.4 Total Distance> 358.97
LOT AREA: 6473 SQ FT OR 0.1486 ACRES
LOT 5 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING· STATION
517 185622.09 1674822.37 0.00
N 88°14'13" W 50.02
516 185623.63 1674772.38 50.02
N 00°07'20" E 129.45
545 185753.08 1674772.65 179.47
S 88°13'00" E 50.02
546 185751.53 1674822.65 229 .. 49
S 00°07'20" W 129.44
517 . 185622.09 1674822.37 358.93
Closure Error Distance> 0.0077 Error Bearing> N 03°54'51" E
Closure Precision> 1 in 46539.9 Total Distance> 358.93
LOT AREA: 6472 SQ FT OR 0.1486 ACRES
LOT 6 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
518 185620.55 1674872.38 0.00
N 88°14'13" W 50.03
517 185622.09 1674822.37 50.03
N 00°07'20" E 129.44
546 185751.53 1674822.65 179.47
S 88°13'00" E 50.03
547 185749.97 1674872.66 229.50
S 00°07'20" W 129.42
518 185620.55 1674872.38 358.91
Closure Error Distance> 0.0024 Error Bearing> S 12°22'41" E
Closure Precision> 1 in 152281.8 Total Distance> 358.91
LOT AREA: 6473 SQ FT OR 0.1486 ACRES
LOT 7 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
519 185619.01 1674922.40 0.00
N 88°14'13" W 50.04
518 185620.55 1674872.38 50.04
N 00°07'20" E 129.42
547 185749.97 1674872.66 179.46
S 88°13'00" E 50.04
3162 185748.41 1674922.67 229.50
S 00°07'20" W 129.40
519 185619.01 1674922.40 358.90
Closure Error Distance> 0.0024 Error Bearing> S 12°23'57" E
Closure Precision> 1 in 152497.3 Total Distance> 358.90
LOT AREA: 6473 SQ FT OR 0.1486 ACRES
LOT 8 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
520 185617.47 1674972.41 0.00
N 88°14'13" W 50.04
519 185619.01 1674922.40 50.04
N 00°07'20" E 129.40
3162 185748.41 1674922.67 179.44
S 88°13'00" E 50.04
3160 185746.85 1674972.69 229.48
S 00°07'20" W 129.38
520 185617.47 1674972.41 358.86
Closure Error Distance> 0.0024 Error Bearing> S 12°23'57" E
Closure Precision> 1 in 152482.2 Total Distance> 358.86
LOT AREA: 6472 SQ FT OR 0.1486 ACRES
LOT 9 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
521 185615.93 1675022.44 0.00
N 88°14'13" W 50.05
520 185617.47 1674972.41 50.05
N 00°07'20" E 129.38
3160 185746.85 1674972.69 179.43
S 88°13'00" E 50.05
3158 185745.30 1675022.71 229.48
S 00°07'20" W 129.36
521 185615.93 1675022.44 358.85
Closure Error Distance> 0.0024 Error Bearing> S 12°25'13" E
Closure Precision> 1 in 152698.2 Total Distance> 358.85
LOT AREA: 6472 SQ FT OR 0.1486 ACRES
Lot Report
CRD File> P:\2003\03100\Carlson\03100.crd
LOT 10 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING
551 185723.83
S 00°07'20" W 109.44
522 185614.39
N 88°14'13" W 50.02
521 185615.93
N 00°07'20" E 129.36
10022 185745.30
S 88°13'00" E 1. 02
EASTING
1675072.67
1675072.43
1675022.44
1675022.71
06/29/2004 13:30
STATION
0.00
109.44
159.46
288.82
10023 185745.27 1675023.73
RADIUS: 25.00 LENGTH: 18.07 CHORD: 17.68
289.84
DELTA: 41°24'35"
CHORD BRG: S 67°30'43" E PC-R: S 01°47'00" W PT-R: S 43°11'34" W
RADIUS POINT: 10024 185720.28,1675022.95 TANGENT: 9.45
10025 185738.50 1675040.06 307.91
RADIUS: 55.00 LENGTH: 36.42 CHORD: 35.75 DELTA: 37°56'11"
CHORD BRG: S 65°46'31" E PC-R: N 43°11'34" E PT-R: N 05°15'24" E
RADIUS POINT: 2032 185778.60,1675077.71 TANGENT: 18.90
551 185723.83 1675072.67 344.32
Closure Error Distance> 0.0052 Error Bearing> N 38°16'35" W
Closure Precision> 1 in 65707.1 Total Distance> 344.32
LOT AREA: 5937 SQ FT OR 0.1363 ACRES
LOT 11 OF
PNT# BEARING
523
N 88°14'13" W
522
N 00°07'20" E
BLOCK 1
DISTANCE NORTHING
185612.70
55.02
185614.39
109.44
EASTING
1675127.43
1675072.43
STATION
0.00
55.02
551 185723.83 1675072.67
RADIUS: 55.00 LENGTH: 34.93 CHORD: 34.34
164.46
DELTA: 36°23'12"
CHORD BRG: N 77°Q3'48" E PC-R: N 05°15'24" E PT-R: N 31°07'48" W
RADIUS POINT: 3101 185778.60,1675077.71 TANGENT: 18.08
552 185731.52 1675106.14 199.39
S 35°45'27" E 36.76
524 185701.69 1675127.62
S 00°07'20" W 88.99
523 185612.70 1675127.43
Closure Error Distance> 0.0010 Error Bearing> N 84°05'41" E
Closure Precision> 1 in 316683.5 Total Distance> 325.14
LOT AREA: 5975 SQ FT OR 0.1372 ACRES
236.15
325.14
Lot Report
CRD File> P:\2003\03100\Carlson\03100.crd
LOT 12 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING
501 185610.67
N 88°14'13" W 66.18
523 185612.70
N 00°07'20" E 88.99
524 185701.69
N 35°45'27" W 36.76
EASTING
1675193.57
1675127.43
1675127.62
06/29/2004 13:38
STATION
0.00
66.17
155.16
552 185731.52 1675106.14
RADIUS: 55.00 LENGTH: 27.72 CHORD: 27.43
191.92
DELTA: 28 ° 52 ' 3 1 "
CHORD BRG: N 44°25'57" E PC-R: N 31°07'48" W PT-R: N 60°00'19" W
RADIUS POINT: 2032 185778.60,1675077.71 TANGENT: 14.16
553 185751.11 1675125.34 219.64
S 88°13'00" E 68.49
554 185748.97 1675193.80
S 00°05'48" W 138.32
501 185610.67 1675193.57
Closure Error Distance> 0.0040 Error Bearing> S 57°58'38" E
Closure Precision> 1 in 106015.4 Total Distance> 426.44
LOT AREA: 9668 SQ FT OR 0.2219 ACRES
288.13
426.44
Lot Report 06/29/2004 13:42
CRD File>p:\2003\03100\Carlson\0310~.crd
LOT 13 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
10018 185607.44 1675291.69 0.00
N 88°12'17" W 98.17
10015 185610.51 1675193.57 98.17
N 00°05'48" E 104.20
556 185714.71 1675193.74 202.37
S 88°14'13" E 42.01
525 185713.42 1675235.74 244.38
S 27°50'03" E 119.85
10018 185607.44 1675291.69 364.23
Closure Error Distance> 0.0038 Error Bearing> N 77°47'56" W
Closure Precision> 1 in 94932.8 Total Distance> 364.23
LOT AREA: 7302 SQ FT OR 0.1676 ACRES
LOT 14 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING .EASTING STATION
532 185744.99 1675359.16 0.00
S 19°31'44" E 16.48
531 185729.46 1675364.67 16.48
N 88°14'13" W 144.96
555 185733.92 1675219.78 161. 44
N 00°05'48" E 45.02
557 185778.94 1675219.85 206.46
N 54°17'47" E 24.66
541 185793.33 1675239.88 231.12
S 88°14'13" E 92.81
534 185790.47 1675332.64 323.92
S 15°30'34" E 15.66
533 185775.38 1675336.83 339.58
S 36°18'24" E 37.71
532 185744.99 1675359.16 377.30
Closure Error Distance> 0.0051 Error Bearing> S 05°20'54" W
Closure Precision> 1 in 73533.9 Total Distance> 377.30
LOT AREA: 7559 SQ FT OR 0.1735 ACRES
LOT 15 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
535 185824.71 1675323.14 0.00
S 15°30'34" E 35.53
534 185790.47 1675332.64 35.53
N 88°14'13" W 92.81
541 185793.33 1675239.88 128.34
S 54°17'47" W 24.66
557 185778.94 1675219.85 153.00
N 00°05'48" E 75.03
540 185853.97 1675219.98 228.03
S 88°14'13" E 85.39
537 185851.34 1675305.33 313 .42
S 09°28'02" E 2.04
536 185849.33 1675305.66 315.46
S 35°22'19" E 30.19
535 185824.71 1675323.14 345.65
Closure Error Distance> 0.0026 Error Bearing> S 65°20'15" E
Closure Precision> 1 in 133231.7 Total Distance> 345.65
LOT AREA: 6261 SQ FT OR 0.1437 ACRES
Lot Report 06/28/2004 14:55
CRD File> P:\2003\03100\Carlson\03100.crd
LOT 16 OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
538 185879.85 1675300.57 0.00
S 09°28'02" E 28.90
537 185851.34 1675305.33 28.90
N 88°14'13" W 85.39
540 185853.97 1675219.98 114.29
S 00°05'48" W 55.02
559 185798.95 1675219.89 169.31
N 88°14'.13" W 26.01
560 185799.75 1675193.89 195.32
N 00°05'48" E 140.20
10019 185939.94 1675194.12 335.52
S 88°12'17" E 84.72
10021 185937.29 1675278.80 420.24
S 17°18'10" W 17.07
10004 185920.99 1675273.73 437.31
S 20°40'37" E 34.41
10005 185888.80 1675285.88 471.72
S 58°39'24" E 17.21
538 185879.85 1675300.57 488.93
Closure Error Distance> 0.0036 Error Bearing> S 00°35'44" W
Closure Precision> 1 in 134387.7 Total Distance> 488.93
LOT AREA: 9445 SQ FT OR 0.2168 ACRES
Lot Report
CRD File> P:\2003\03100\Carlson\03100.crd
LOT TRACT A OF BLOCK 1
PNT# BEARING DISTANCE NORTHING
558 185776.89
S 88°13'00" E 61.19
510 185774.99
N 00°05'48" E 24.76
560 185799.75
S 88°14'13" E 26.01
559 185798.95
S 00°05'48" W 85.04
561 185713.91
N 88°14'13" W 26.01
556 185714.71
N 00°05'48" E 34.27
554 185748.97
N 88°13'00" W 68.49
553 185751.11
EASTING
1675132.68
1675193.85
1675193.89
1675219.89
1675219.74
1675193.74·
1675193.80
1675125.34
06/16/2004 09:25
STATION·
0.00
61.19
85.95
111.96
197.00
223.01
257.28
325.77
RADIUS: 55.00 LENGTH: 27.08 CHORD: 26.81 DELTA: 28°12'41"
CHORD BRG: N 15°53'20" E PC-R: N 60°00'19" W PT-R: N 88°13'00" W
RADIUS POINT: 3101 185778.60,1675077.71 TANGENT: 13.82
558 185776.89 1675132.68 352.85
Closure Error Distance> 0.0030 Error Bearing> S 09°43'37" E
Closure Precision> 1 in 119041.5 Total Distance> 352.85
LOT AREA: 3867 SQ FT OR 0.0888 ACRES
LOT TRACT B OF BLOCK 1
PNT# BEARING DISTANCE NORTHING EASTING STATION
528 185638.90 1675399.20 0.00
S 27°50'50" E 40.06
10017 185603.48 1675417.91 40.06
N 88°12'17" W 126.28
10018 185607.44 1675291.69 166.34
N 27°50'03" W 119.85
525 185713.42 1675235.74 286.19
N 88°14'13" W 16.00
561 185713.91 1675219.74 302.19
N 00°05'48" E 20.01
555 185733.92 1675219.78 322.19
S 88°14'13" E 144.96
531 185729.46 1675364.67 467.15
S 19°31'44" E 41. 07
530 185690.75 1675378.39 508.22
S 44°48'06" E 19.85
529 185676.67 1675392.38 528.07
S 10°13'42" E 38.38
528 185638.90 1675399.20 566.45
Closure Error Distance> 0.0010 Error Bearing> N 45°53'59" E
Closure Precision> 1 in 543157.4 Total Distance> 566.45
LOT AREA: 16669 SQ FT OR 0.3827 ACRES
.'
LOT TRACT C OF BLOCK 1
PNT#· BEARING DISTANCE NORTHING EASTING STATION
10014 185601.11 1675493.55 0.00
N 88°12'17" W 75.68
10017 185603.48 1675417.9l 75.68
N 27°50'50" W 40.06
528 185638.90 1675399.20 115.74
N 10°13'42" W 38.38
529 185676.67 1675392.38 154.12
N 44°48'06" W 19.85
530 185690.75 1675378.39 173.97
N 19°31'44" W 57.55
532 185744.99 1675359.16 231.52
N 36°18'24" W 37.71
533 185775.38 1675336.83 269.23
N 15°30'34" W 51.19
535 185824.71 1675323.14 320.42
N 35°22'19" W 30.19
536 185849.33 1675305.66 350.61
N 09°28'02" W 30.94
538 185879.85 1675300.57 381.55
N 58°39'24" W 17.21
10005 185888.80 1675285.88 398.76
N 20°40'37" W 34.41
10004 185920.99 1675273.73 433,17
N 17°18'10" E 17.07
10021 185937.29 1675278.80 450.24
S 88°12'17" E 215.41
10020 185930.54 1675494.11 665.65
S 00°05'48" W 329.43
10014 185601.11 1675493.55 995.08
Closure Error Distance> 0.0021 Error Bearing> S 33°47'26" E
Closure Precision> 1 in 484328.3 Total Distance> 995.08
LOT AREA: 49383 SQ FT OR 1.1337 ACRES
BLOCK 1 TOTAL AREA: 261443 SQ FT OR 6.0019 ACRES
JVL-14-04 14:06 FROM-Seattle Mortlale S. Center. 2D6 244 1438 T-493 P.003/01D F-573
ferm No. 1068-2
ALTA !'tilln Lan!Jl.laga CClmmitment
~ 'C •• C.,... I {$ First American
Rrst American Title Insurance CDmpany
2101 Fourth Ave, Ste 800, Seattle, WA 98121
To:
(253) 471-1234 -(800) 238-8810' FAX (253) 671-5808
Sl~ttl. Mortgage
. EsgtOW COMPANY tNFORMADQNj
Esaow Offlcer. KIM MlUER
Icmiller@firstam.com
First American Title Insuranee Company
3866 5 7"M:h St, Taam1a, WA 9&t09
Phone: (253) 471-1234 -Fax: (253) 471-5540
Developer 5erviClllS
fax No. (Z53) 671-580:1
Shari Workman
(253) 671-5834
sworlanan@firstam.com
6.450 SoutMenter Blvd Suite 106 l'! !
Seattle, WA 98188
Attn: Tom Foster
Re: Property Address: To Be Determined" WA
COMMITMENT FOR TITLE INSURANCE
Issued by
File No.: 4261 .. 415609
Your Ref No.:
FIRST AMERICAN TZTLE INSURANCE CDMPANY
Agreement to Issue Poli~
Wfl agre! to issue is policy to you aa:ording to the terms r:I this Commitment.
When we shdN the policy amount and your name as the proposed insured in Schedule A, this
Commitn,ent becomes effective as of the Comrmlment Date shewn In. Schedule A.
i. If the P.equirernenls shown in this Commitment have not been met within six months after the
Col'T'llTlltrnenl: Date, our oblIgation under this COmmitment will end. Also, our ObligatIon under this
COlT\f1'litrnent wnt end when the Policy is issued and then our obligation to you will be under the Policy.
Our obll!~tion under thIs COmmitment Is limIted by the following:
The Provisions in Schedule A.
The Requirements in Schedule B-1.
The Exceptions in Schedule. B-2.
The Conditions.
This Commitment is not valid without schedule A and Section 1 and 2 d Schedule B.
FlISl A/nt!TfCiII 111116
JUL-14-04 14:07 FROM-Seattle Mort,a,e s.' Center 206 244 1438 T-493 P.004/010 F-573
Fam No. 1068-2-
ALTA Plain Unnuaga Camn'lltrnent
SCHEDULE A
1. COlnmftment Date: June 24, 2004 at 7:30 A.M.
'2. II Potie{ or Pal ides to be isSued:
Bu!lder's Rate
Ccmrnitrne:nt No.: 4261-4J5609
Pilge201'S
AMOUNT PREMIUM TAX
Owner's Standard Ccwerage
Proposed Insured;
SOLlndbuilt Homes
$ 2,320,000.00 $ 923.00 $ 81.23
Simultaneous Issue Rate
~tended Mortgagee's Coverage
Pr-;)Jlosed Insured:
se:attlc Mortgage
$ ToFoilow $
·3. (ft,) The sate or interest in the land desaibed in this COmmlment is:
A fee simple.
(El) Title to said estate or interest at the date hereof is vested in:
li:mgley Development Group, Inc., a Washington Corporation
4. The land referred to in this Commitment is described as follo.Ns:
0.00 $
Real property in the County r:I King, State cI Washington, desaibecl as follows:
parcel A:
The South half ex the Northeast Quarter d the NoJthwest Quarter cK the Northeast QuaJter eX
Section 10, To.Nnship 23 North, Range 5 East, W.M., in King County, Washington; except the
North 165 feet there<i; And except the west. 30 fea: as amveyed to King County for road by
[)eed retaded under Auditor's File Number 3263478, in King Countv, Washington.
Parcel B:
0.00
"rhat portion of Section 10, Township 23 North, R.ange 5 Ea., W.M., in King County, WashingtOn,
lsa;bed as follows:
Portion d the South 10 aaes d the North 20 acre; of the East half d the Northeast Quarter
lying West r:I Honey Creek Estates.
APN; 10230S-909~09
APN: 102305-9198-09
JUL-14-04 14:07 FROM-Seattle Martlale S. Center
Fcrm No. 1068-2
ALTA Plain I.an~JUage Canmltmant
The foJlONing requirements must be met:
SCHEDULES
SECDONI
REQUIREMENTS
Z06 Z44 1438 T-493 P.00S/010 F-S73
Carmltment No.: 4261-4J.1i609
Page3afB
(A) Pa'f the agreed amounts for the interest in the land and/or the mortgage to be insured.
(8) Pa,. us the premiums, fees and dtarges for the policy.
(C) DClCUments satisfactory to US aegting the interest in the land and/or the mortgage to be insured
mlJst be signed, delivered and recorded:
(D) You mu~ tell us in writing the name d anyone net referred to in this Commitment who will get
arl interest in the land or who will make iii loan on the land. We may then make additional
requirements or exceptions.
eE) Rj~leases(s) or Reconveyanc:e(s) rI Rem(s):
(F) other.
(G) You must give us the follONing information:
1. Any off record leases, SUIVeyS, etc.
2. statement(s) ci Identity, all parties.
3. Other.
I1fStAmtrTall TllIe
JOL~14-04 14:07 FROM-Seattle Mortlale S. Center
fCrm NI). L068-2-
. ALT.A Plain ~JUage c:cmrnltment
SCHEDULEB
SEcnONJI
EXCEPTIONS
20S 244 1439 T-493 P.00S/010 F-573
Ccrnmitment No.: 42.61-4115fi09
Page" r1f 8
My policy we issue will have the follONing exceptions unless they are taken care «to our satisfattion.
The printed exceptions and exduslons from the CCJYerage d the policy or polides are set forth in EXhibit A
attached. Copies eX the policy forms should be read. They are available from the office which issued this
Commitment.
1. Lien of the Real Estate ExCise Sales iax and Surcharge upon any sale, d said premises, if
ur.paid. As d the date herein, the excise tax rate for the CitYat' is at 1.78%.
LEW'//Area Code: 2146
2. Glmeral Taxes for the year 2004. !he ftf!;t half becomes delinquent after April 30th. The second
half becomes delinquent after ottober 31st.
T,~x ACCDUnt No.: 10230S-90~09
Amount Billed:
Amount Paid:
Amount Due:
Assessed Land Value:
Assessed Improvement Value:
~.mount Billed:
Amount Paid:
Amount Due:
l.ssessed Land Value:
J~essed Improvement Value:
(Affects Parcel A)
1St Half
$ 1,410.08
$ .. O.~O
$ 1,410.08
$ 120,000.00
$ 123,000.00
ZndHalf
$ 1,410.07
$ O~OO
$ 1,410.07
$ 120,000.00
$ 123,000.00
3. (3eneral Taxes for the year 2004. The first half becomes delinquent after Apnl 30th. The second
11alf beaxnes delinquent after October 31st.
'rax Acmunt No.: 102305-9198*09
. Amount Silled:
Amount Paid:
Amount Due:
Assessed Land Value:
Assessed Improvement Value:
Amount Billed:
Amount Paid:
Amount Due~
Assessed Land Value:
AsseSSed Improvement Value:
(Affects parcel B)
:1st Half
$ 585.93
$ 0.00
$ 585.93
$ 101,000.00
$ 0.00
2nd Half
$ 585.93
$ 0.00
$ 585.93
$ 101,ODO.00
$ 0.00
JUL-14-04 14:09 FROM-Seattle Mort,a,e S. Center 206 244 1439 T-493 P.007/010 F-573
Fo1n NO. 1.068-2 Ccmmitment NO.: 42&1-415609
PageS or 8 ALiA PlaIn lat.:JUage Ccmmltment
4. De:!d ct Trust and the terms and conditions thereof.
5.
6.
7.
8.
Grantorrrrustor: Langley Development Group, Inc.
Gr.mtee/Beneficiary: Washington First International Bank
Tmstee: Washington Title Company
Amount: $1,440,000.00
Recorded: Odober 10, 2003
Recording Information: 20031010001597
Ncte: This Oeed of Trust contains Line fA Credit privileges.
It the c;urrent balance owing on said obligation is to be paid in full in the forthcoming transaction,
ccrnfirmation should be made that the benefidary will issue a proper request for full
reconveyance.
A!;signment d leases and/or rents and the terms and conditions thereof:
A!>"Signor: Langley Development Group, Inc.
A:ssfgnee: WashIngton Rrst International Bank
Recorded: Odober 10, 2003
Recording Information: 20031010001598
Evidence d the authority d the officers fA Langley Development Group, Inc. , to exeQJte the
f4lrthcoming instrument, c;gpiE!5 d the current Artides fA Incorporation, By~Laws and certified
copies c:I appropriate resolutIons should be submitted grior to dosing.
Easement, induding terms and~. i5ian'~ntalned therein:
Recording Information: ( ,.Jg794_J
In Fa'lor d: White RIvers Power Company, a CorporatIon
f:or: Pole line right of w~
I~ecording Information:
I~:
9. The terms and provisions contained In the document entitled "COnsent to the Natural Flcm d
Surface Water" .
Recorded: August 18, 1960
Recording No.: 5192792
10. The terms and prOll'isions contained in the document entllled "Ordinance No • .q()2S"
Recorded: December 3, 1986
Recording No.: 8612031455
11. The terms and provisions contained In the document entitled '"Ordinance No. 4215"
Recorded: May 4, 1989
Recording No.: 8905040205
12. Matters dlsda&ed by Survey l'ea)rtied under Ret»rding Number 9903309011.
JUL-14-04 14:08 FROM-Seattle Mortlale S. Center 206 244 1438 T-493 P.DD8/DID F-573
Fcrm No. 106&·2
ALTA Platn Uln9\lage CcmmItment
INFORMA'nONALNOTES
C«ntnIrmei'lt No.: 4261-415609
Page 6 CIt 8
A. EffectiVe January 1, 1997, and pursuant to amendment d Washington state Statutes relating to
stclTldardization d reccrded doaJments, the following fonnatand content requirements must be
rn~!t. Fanure to comply may result in rejettlon of the dorument by the recorder.
B. Any sketd'l attached hereto is done so as a courtesy only and is net part of any title commitment
or policy. It is furnished solely for the purpose d assisting in.loc;ating the premIses and First
ArneriCQTJ expressly disdaims any liabnitY which may result from reliance made upon it.
Ci The desaiption can be abbreviated as suggeited below if necessary to meet standardization
requirements. The f1.IJI ted d the description must appear in thedOOJment(s) to be insured.
S~!ction 10, TONnship 23 1'4., Range 5 E., NE Quarter, NW Quarter.
AI~: 102305-9099-09
A~N: 102305-9198-09
D. The following deeds affecting the property herein described have been remrded within 24
months d the effec%fve date eX thIs commitment: 20021120000880 and 20031010001596
E. JI,a;crding to the application for title insurance, title is to vest in.
Soundbullt Homes. .
F. All matters regarding extended coverage have been deared for mortgagee's policy. The
[;overage (;OOtemplated by this paragraph will nd: be ilfoided in any forthcoming ONner's
~tandard awerage policy to be is5ued.
Propeny Address: To Be Determined" WA
JDL-14-04 14:08 FROM-Seattle Martlale S. Center 206 244 1438
(i
T-493 P.OD9/DID F-573
F<rm No. 1.06S-2
~LTA Plain La/lguage Canmlvnent
CCmmltmenl No.: 4161-415609
Page 1 at 8
CONDmONS
1. DEFINmONS
(a)"Mortgflge" means mortgage, deed gftru5t: or other seQ,lnly instrument.
(b)"PubliC Records" means title records that giVe . cXlnstruc1lve notIce of matters affea:lng the title
a(a,rding to the state law where the land is located. .
Z. LATE'~ DEfEcts
The exCEptions in Schedule B -Section 11 may be amended to shON any defects. liens or encumbrances
that appe.Elr for the fJr!it ttme in the public recordS or are aeated or attached between the Commitment
Date and the date on which all d the Requirements (a) and (e) d Schedule B -5ec:tion I are met. We
shall have no liability to you because ct this amendment.
3. EXIS1lNG DEFECTS
If any detects, liens or encurnbranO!S existing at Commitment Date are nat shawn In Schedule B, we may
amend Schedule B to show them. If we do amend Schedule B to shaw these dEfed:s, liens or
encumbr<lnces, we shall be liable to you acmrding to Paragraph 4 below unless you knew cI this
informiltiq)n and did net tell us about it in wnling.
4. UMrrA"f10N OF OUR LIABtLIlY
Our only obligation is to IssUe to you the Polley referred to In this CommItment, when you have met Its
Requirements. If we have any liability to you for any 10$ you incur because d an error in this
Commitrnent, our liability wnl be limited to your actual loss caused by your relying on thIs Commitment
when YOIJ acted In good faith to:
comply with the ReqUirements shONn in Schedule B -Section I
or
,~liminate with our wnlten c;onsent any Exceptions shown in Schedule B -Sedion n.
y.te shall not be liable for more than the Poli~ Amount shown in Sdlec:lule A of this Commitment and our
lIa~illty I!i subject to the terms rI the Policy fom to be Issued to you.
S. ClAl:MS MUST BE BASED ON THIS COMMITMENT
Any dall'Tl, whether or net based on negligente, which you may helVe against us concerning the title to
the land must be based on this cgmmitment and is s~bject to itS terms. . .
. ;
,.
fIfsr Am6fCil1 "lie
JDL-14-04 14:09 FROM-Seattle Martlale S. Center 206 244 1438 T-493 P.010/010 F-573
f«m 1'10. 10~·2
ALiA Plain LarguagB Ccmmltment
CcrrImitment No.: 4261-4:&5609
PitgB 8 of 8
-II
~ .-"., ~ First American
First American Title Insurance Company
2101 Fourth Ave, Ste 800, Seattle, WA 98121
(253) 471-1234 -(SOD) 238-8810 FAX (253) 671-5808
PRIVACY POUCY
We Are Committed to Safeguarding Customer Information
In order to bette!r serve your needs now and In the future, we may ask you to Prwlde us with certain Information. We underStand that you may bli: conc:emed about what we will do with suchlnl'ormatlon -paruOJlarly any personal or tlnanclallrtormatlon. We agree that you~e a right to know how we win utilize the pe,rsonal Irfonnatlon you prOllde to us. 'Ther.tore, tog~er with our parent CClmpal1\'. The Arst Arnerk:8n Corporation, we halfe adopted tnIs PrIVaty poUcy to govern the use and handling c:l your
personal inform;rtlon.
Applicability
This Privacy Polley governs our use d the information which you provide to us. It·does net govern the manner In which we may use InI'ormatJon we have obtained ftqm ,any ather source, such as frtormaHon obtained from a public record or from another person or entity. First American has also aC!OJlted broader gUIdelines that gcwern aur use tI ~nallnforrnatlon regardless d ItS source.
First American ~:2IIIs th~ guidelines Its Felr Infol77lilflDn ValUes, 8 copy of Which can be found on our website at W'tyW.nmam.cpm.
1'Ipes til Information
Depending upon which a aur services yau are utllIlIng, the types rt nonpubllr: personal InformatIOn that we may coiled: Indude;
,. Information we receIve from you on appllc:atlons, farms and In ather communlc:atlOI"l!l to us, whether In writing, In person,
by te~!phone or any other means; . .
d ,. InforrnaUon about your transactions with us, our affiliated CDrnpanles, or others; and
• Irtorrnation we receive from a consumer reporting agency •.
Use til Inforrnatlon
We request IrtOlTl'lStlon from you for our OlIn legitimate business purposes and not for the benefit d any nonaffiliated party. Therefore, we will not release your Information to nonafflUated. parties except: (1) as necess,ary for us to prOVIde the p'rodlKt or service you hllVe requested a us; or (2) as permitted bY law. We may, however; :rtore such information Indefinitely, lndudlng the period after which any QlStcmer relatFoilshlp has ceased. Such lrfonMtJon may be used for al11 Internal purpose, such as quaUty control efforts or customer anaJysIs. We ~ also provide all d the types d rionpubliC ~nBllnformation Irsted above to one or more of our affiliated CXlmpanles. Such affiliated CDmpanles Indude flriandal senilce pn7llders, such as title Insurers, property and casualty Insurers, and truSt and Irwestment advIsory companies, or companies involVed In real estate services, such as appraisal compariles, htlme warral'lty CIOm~nles, and esaow c:ompanles. FurthermOre, we may also ~deall me lnI'ormatlon we coiled, as described abell/e, to cam~nles that perform m~ ServiCES on our beti81f, on behalf d our affiliated companies, or to other financiBllnstitLJtlans with whom we or our aft'IIlatecI oompenles have 'oint marketing agreements.
Former CUstomers
Even If you are nO langer our customer, our Prtwc:y PoUc:y will ~nue to apply to ygu.
Confidentialiity and security
We will use clur best efforts to ensure that no unauthoJ1Zed parties have access to any d your lnI'onnation. We resb1c:.t access to
nonpubllc peJ50nai InformatIOn about you to those Individuals and entities who need to knCIN that Irtormatlon to provide products or
SeJ'VlCES to you, We wiD use our best efforts to train and CllferseeDUr employees and agents 1;g ensure that your Information will be handled resp:JIlslbly and In aaDrdance with this Privacy PoIICf,and Flnot American's Fair Inrtmnatbn ValUes. We wrrently maintain
physical, electronic:, and procedural safeguards that comply with federal regulations to guard your nonpubllc personal InformatIon.
@ 2001..lhe Rni American COl1)araion • All Rights Reserved
;
i'
. DEVELOPMENT P
CITY OF AENT~~N'NG
JUL 2 9 2(104· .
. ReCEIVED
First American Title Company
. f
COPIES
OF
--
... DOCUMENTS ..
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Ittl"""""" ~=rNGTON TIT D~0001597 2e/le'11 OF ees ze.ee
kING coBarv3 13.5'7 I lolA
('if ~~)jtf(~~~~'"'
"" \, ,if ,,' ~:~~~ :;':~~;~eoorder'S u ..
When Recorded'l\;;rur;;';"" / / .,l /i./'/)"'
'j /" :.:er!:!!!~).(:;}
Grantor(s) Langley Development Gtbup, I~c . ..:'./ .:,/ \:,,;: :,/":":\:
Grantee(s) Washtngton FIrst Intematlonal'B;lIlli' :·:·.f ·:"i.: :/ :./' """ ..
Legal Descnl?~lon Parcel A Ptn nw 114 Sec'{O, t:wn 2~~:::.Rng 5.q~· Pa~iel ~····Ptii·S~ .. lO, Twn;:~~;N, Rng
5E ./' ':":'.::. ":':. . "\:. /. ./ ;\,;,. ."""" .... ,. :.'/
Assesso(s Properly.:Tax Parcel or Account Number lQ~05-Q,()'99 .• b9/1J)2305:9t'9S-09·: :;', ;/: /'
Refer:'J"i' N1~ ~ Documents AssIgned or Releasea'""~" (".,; ,i //:"~:::"-" "i ,/ /
/. 0\ ~o-;;. :. "'/.' ,.i'
.:.f ./.;; :'/: :' ........ , ...... :. ·;:··.'··'''·''·:·Z~i: :.::.'" .;'
"ATE:'ANI):PA~T~S. The '$te of thiS Deed Of Trust (Security Instrument}"1s . ctoQer 9, 2003
:'p¥ttes aiitr'thelr a.ddtesses.!l-X~ . ::: .. :. ,/
':':ciRANroi:': // .:i/·:"'· ... I :/ ... / ..... , ... : .. :.... .:.
LANGLE)" D!VJ.;LO~M:ENT GROuP, INC.
A Corpor~.tIon .: ..... , .f· ./ ..... :::
6450 SouthCeJlter B1y~f, #106.i :\...;.: ...... .
Seattle, Washlngto!f·981.:S8 ./ ':'.;; .' ':". ::. .' .:, •••.• -=: .•
TRU~~~~GTON TITL~::~OMP~~·:: .' .' .'
a Corporation
15 S Grady Way, SUIte 120
Renton, Washmgton 98055
.'
.... .' ......... / .. :. .'
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LENDER: ':"" ::.
WASHINGTON FIRST INTERNATIONAL BANK:"
Orgamzed and eXistIng under the laws of Washmgton
9709 Third Ave N E
Seattle, Washmgton 98115
Langley Development Group. lnl:
'::"::'.::.
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....
.; .... ::
Washmgton Deed Of Trust
WAl4XXXXXSLLOO7044000041600ISI00803Y 101996 Bankers Systems, Inc, Sl Cloud. MN 64iej1!~
The
.:.
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....
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. 1./CONVEYANCE. For good and valuable conslderatlOn, the receIpt and sufficIency of whIch IS
.' ¥kn~wit:lilg~~, and to secure the Secured Debts and Grantor's performance under thiS Secunty Instrument,
'c :\::",./" ;.Gr~ntor jFrev~bly grants, conveys and sells to Trustee, m trust for the benefIt of Lender, wIth power of \\:.~,.,., ..... " ... ,"//":*' ~"ft~ ~'.:~ p~y £A
r .::PA~:tEL;:A' .. /' .. :..... ~
J: ;.:' ;:." J: /" ."":. ':'. ". :./"""""""'). *
::·:c.Th.e so¢h naI(bf th~"ilo~eas.t Cl.¥arter oJ,,$,e northwest quarter of SectIon 10, Township 23 North, Range 5
'East, W M-.:', m KI~ CQUnty/Washmgtcm,' ":pf"'tl1~ Northeast quarter
ExciJit::~e :~oJl<i~~t~er:bf., ./j:,:,/' " .. ,,:./'./:::c",{l
AND EXCEPt:,the west.,W fe¢t as Cf6~te.ied to Klyg CO.~y for road by Deed recorded under AudItor's Ftle
Number 3263478:i:'IP.J~rfig CQlinty,)Wash~gton ,/ ./.c:".::,·'·
PARCEL B .,.=": ././. .' :,' /// ... Ci: /.." ,;./:'"
That portion of Section :~~"'fow~s~IP 7'~ Nb~~/R~~~'-'~'~'~i>. W M·l:;}~ng County, Washmgton,
descnbed as follows ::c' .. " .. /: .... :'::' /: .. ""'.'.::~~;.. :: :/.c:' .. :::' .. ·.:·
Portion of the south 10 acres of the n~rth:~o..~c~e$rOf~; east '~t; f!i·:th~:,c~ort)le~"quarter, lymg west of
Honey Cre~.~,~~~tes .:: :,.\. '\,.".,.::. .J: .:" .:;." ,::,::::\ /::"':::,
The pro~~y IS l~~t'e9 m King County at 1100 HOqUl;riiAve'N~~.::'en~6~, .~~;;;~~:::98~~9 :.//./F
Togeth¥.f wltb~:all nihts, easements, appurtenances, royaltIes/~¢'ral:/~lghts," .. o.l and:/ga~/~Igtrt~, crops, tunbe~.;· all 4.1vergJon payments or third party payments made to etap pioduQ~rs ;md all" eXlStmg(and future
unpr,9veme,Jiis, s~ctu~s, fixtures. and replacements that may now, or al an:Y""time 18jhe.:futur,e~ be part of
the:.teal e~tate d~cn¥.J (aU referred to as Property) ThIs Secunty InstrufuenJ.,.W}l1 rttma!Ji 18 ¢frect until the
S¢Ured .Debts .and alFunqu-lytng agreements have been ternunated m wntmg by ·t&n~er .. { ,:::
$.:' SEct"mE6'DE~fs:','Tlns s;~unty Instrument Will secure the follow18g Secure~I"Dehts .;/
\A. Specific ~~. The':fQllo~mg debts and all extensIOns, renewals, refmancmg~>~lOdlficatlons and
repl~~em~ntS' f.. prqrtllssgCy note, q~ted9ctober 9,2003, from Grantor to Lender, WIth a loan amount of
$l.44~;OOO 00 ,:.WI~:: an ,;i:iIterl;!st :cite based .. on the then current mdex value as the promtssory note
prescnbes and ~anih~g':on ¥ay: 1, 2QQ,5 ()~e or more of the debts secured by thiS Secunty Instrument
contams a future::~dvance p~6,,:lSlon :.,...' '::':. :j ::::.' ...... .
B. Sums Adva~~eQ" .. , .. ..Aii s.hms ::~dvanc~d,;im({ ex~nse!l,. mcurred by Lender under the terms of thIS
Secunty Instrument :'::~. .:c· ::.'. .;.:' ""<.
3. PAYMENTS. Grantor agreis. th~~'·~i;·:p~ym,e'~ts :U~der:,:jhe S~ied.:pebts WIll be paId when due and m
accordance WIth the terms of the SecU,fed pebts.,:and ~lS s¢cunlj InS~~nt.,.
4. WARRANTY OF TITLE. Gr~~~~;' warfants ;that;.'brarit~r::.i~ or ':~'~1l ~::jawfu1lY seIzed of the estate
conveyed by thIS Secunty Instrument and has c·me rt@J to uievocabl:(~t, cdh:veY'lijld sell the Property to
Trustee, 18 trust, WIth power of sale Grantoi"'also'~~arrMts .that the J>J::Pper;y.}S unei¥:umbered, except for
encumbrances of record .:. " ... .:' .:' ,.::: .:' ":: ::
5. PRIOR SECURITY INTERESTS. With regard to'~~y 6~e~:~or~~ge/~ee.i of ~~(';~~:~"agreement
or other hen document that created a prIor secunty mterest or eitCumoran~e on .the ProPerty, .Grantor. agr~es
A. To make all payments when due and to perform or comply Wlth.;i.Ir:~ov..¢han~· ./:,....c'.:::··::) ,} ./'::"}"
B. To promptly delIver to Lender any notices that Grantor recelves from:,~~}Ol~er {, .... ·.::· ... '.c:.:.'.ii"::,:· ::' ,,:~.:,... ....... ,.:./',:,/ ..... ,"}.:.
" ":'" :: ,:' :':"
Langley Development Group, Inc
WaibUlglOJl Deed Of Trust
WA/4XXXXXSLLOO7044000041600IS lOO803Y
.::. .".". ,,:';lUt~ .:' /" {, ..
.,"' ..... ,-, "" • & "'"'. MN .!: ..... /:"~' . ,,/> /l' .... /'·
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:: :::. A::~ ... Not to allow any modification or extension of, nor to request any future advances under any note or
.... ./ agr~~ent secured by the hen document Without Lender's pnor WrItten consent ~i::\ ... /""l.CLAWS··AGAINST TITLE. Grantor will pay all taxes, assessments, hens, encumbrances, lease
". /·paYmeJlts.. ground rents, UtihtIes, and other charges relatmg to the Property when due Lender may reqUIre
'\. .,:.::' Gran!pr t~: prov~de t~J,~~nder copies of all notices that such amounts are due and the receipts eVldencmg
'":,,:." ...... ~ .. / .::Grautor's:paymen~:/Graiitor. wIll defen~ .. 9Jle to the Property agamst any clalDlS that would lffipalr the hen of
::: thl~::Sec~ilty JnstiUment Gra.Dtor a&~es to:,~SSlgn to Lender, as requested by Lender, any nghts, claims or
::" dtienscS' Gt:ant6r ma-i 'b,ave ':flga~ partl~ who supply labor or matenals to mamtam or Improve the ·'··p'tope~. .:': ::.': ./ .:.' ::./ {"':.,: ............. ".:.
7. Dfu; .bN /SALk. ,{en~r "~ay, at~lis:·o~lon, ';c;1~'I'~ the entire balance of the Secured Debts to be
Immedrntely ci.i,le aiitl"payat?ie upOn ~.:¢~~tlon of,"'6r .¢bn~ct for the creation of, a transfer or sale of all or
any part of the ... Property/ '(hIS nght I~.~subjeci)o .. thi;' .. r,estnctlons lffiposed by federal law govemmg the
preemptlon of statiNlue::On-sa.1e la~, as ~pphCllb~~ ./:':"':::,.
8. TRANSFER OF AN INrnRisT:ifi TJiitGRANTOR. If Grantor ls..an entity other than a natural
person (such as a corporati6n9{other:orgaqfutlpn), I;~n4.e{maY'·d~mand I~~d!ate payment If
A. A beneficIal Interest m Grantr'ls ~?jd i:tra~f9'r'ed ., .... :: '\':. .. .. {:: .. ,/:
B. There IS a change m eIther the-··I~~~tlty:.or n?m¥r of,me~~rs ~f ~;.paEq).ershlp or slmtlar entity
C. There IS a change m ownershIp of m<i~etl,Iful25 pe,tcent of'~ v.ohng.:§tock of a corporation or suntlar
entIty '::':,. . ".:.J i:.. \, ..... .;,.. ,/: :./' ,./ .. , .... :, ...... ,; .. :\.:. /::"::: ..
However, L;ende~may not demand payment m the a~ve SituatiOns Jf It Ifpronlp.1t~.d..1?y laW as o(~e .~ate of
thIS Secur~tY Ins~~t .; ... ,::,:,'" ..... : ... ,/. :::/ ::.'.'. , ..... ,.,.~:~~~ ...... > \) / .. ",/
9. WA:Q:lMNlms AND REPRESENTATIONS. Grantor llllIkes t~' Wider the foIlow.fug Warr;:ihtles and repres~.iitatlo~ W~lch WIll contmue as long as thIS Secunty Instnifue~f IS ~ effee(",}: /-" /" /:
A{Pow~r. drantot IS duly organIZed, and validly eXlStmg and m iPod·:Sta'ndmg.tit all,JUfiSdlctlOns m
winch ¢rantQf ope~tes Grantor has the power and authonty to enter mtQ,,@.s.~tra~c~n and to carry on
:.'brant~r's buSmes~;or a~tly~~ as It IS now bemg conducted and, as applicable/is qJiahfied t6 do so m each
:/. Jun!idlctlo~:in w4~c1}di:antoh:)perates ":':"'':' /' .:':'
':'."': B. Ari'tti~ritY.:/·r:h~ ex~ll.tlon>::dehvery and performance of thiS SecurIty Instrum'~nt ... a'hd the obhgatlon
::eYldenced by.,··'thfo Se9unty. Ins(iument are wlthm Grantor's powers, have been duly' authOrIzed, have
re2elY.%talfne~ssag gmfe~~.appro.yal, will not Violate any provIsion of law, or order of court or
governmental agenci, a~ wllt~ot VIolate any agreement to which Grantor IS a party or to whIch Grantor
18 or any of Gra,ntor'·s'properW.ts subJ~. '::'. .
C. Name and Pi~~~ of B~!l~:~S. ,;6thei~:~a* P~~~lO~SIY disclosed m wrItmg to Lender, Grantor has not
changed Grantor's rtame'or PtInClpal place 6f b1Jsm~S WltpP.1 the last 10 years and has not used any other
trade or fiCtItIOus name Wli)lout)Jep'-~er's pI:I0r whtteI!.'··coii~nt, Grantor does not and Will not use any
other name and wlll preserve ·G.rantor·'s·:e~st~ ~e, tf.ide ~m~:~.nd franchiSes
10. PROPERTY CONDITION, ALmATI(5NS ;A~:'1NSPECtIO~""G~antor wdl keep the Property m
good condition and make all repaIrs that are :ieasoi4l~.li: ne~essa.ry Grantor~lll not commit or allow any
waste, Impamnent, or detenoratlOn of the Prt?perty Grantor will k.eep·~e Pn>pe'fty. . .free of noXIous weeds
and grasses Grantor agrees that the nature of.·.tb.~.·d¢cu~ncy.::and lise ~111 not subs~ttally change Without
Lender'S pnor wntten consent Grantor wlll not ·pet.gl1t:·any::·cha~ge In::'imy)ic~pse, restrIctive covenant or
easement WIthOut Lender's prIor wntten consent Grantor .~lll !:K>tlfy:.'Lenaer o! all.de~aticts;'··p.r.oceedmgs.
clalDls, and actIOns agamst Grantor, and of any loss or damage,.to.:the Propeity .:',: .:'. ".:
No portIon of the Property will be removed, demohshed or mai~f1allY al!f~ed :.Vittho~tiend~es: pneSt \Ytl~en
consent except that Grantor has the right to remove Items of persbn;ij pro.perty: c.6mpt!I;s~t~ a p~h .:of t1\e ...... .
Property that become worn or obsolete. proVided that such personal proper~~ IS rep{aced::'wlth"Qthef persoriar
property at least equal m value to the replaced personal property, free rrom a*y till .. re~ention··· dey'lce.~. .... '\" .:' " ::
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Wasblll8ton Deed or Trust WAl4XXXXXSLLOO7044000041600IS lOO803Y
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se~.iln~y agreement or other encumbrance Such replacement of personal property will be deemed subject to ." tbe slitil'lty mterest created by thiS Secunty Instrument Grantor will not partItion or subdlVlde the Property
.' ~ltij6ut ~.nde( s prIor wntten consent
':,. \:: ... ,,/ /L~ilder or' Lend~' s agents may, at Lender's opnon, enter the Property at any reasonable time for the purpose
'\:., ... ,:,.. ./i ?,( mSpi!ctinw·.g th~!:Prop!'rty h Lender will SlAve Grantor noncef that thPre tune of 0Ilr bebefOre anI mfispeLecnodD specbelfymfi
g
./' .a reasona e PllfPOs~hUn4e mspectIon ny mspecllon 0 e operty WI entire y or n er s ne It
.,',', ..... , .:·and.Gran¢r will ~'no way 'tely on Lepder·'s:J.DSpectlOn .
. /:. l1(AlJtHO~rtv TO'P,ERkO~{'If Grati~or falls to perform any duty or any of the covenants contaIned
"'iIf tht~:::Seq,Ji'ltY IIl$hun~t, te~er mat"'Wlthpl:lt"no~lce, perform or cause them to be performed Grantor appoult~. ~en~r a~' att9fuey)n'f~ct to s~~:"gf.mtor'.f·~~ or pay any amount necessary for performance
Lenderfs"'ngIU to performJor .Gran~o.r!i~lIl not"eteat.¢ a~;.obhgatlon to perform, and Lender's faIlure to
perform Will ri~.! preclud~,.(enger fr9m"'et~rclsmg:iffiy:Of.yender's other nghts under the law or thIS Secunty
Instrument If any591lSlruc~on o~f the ~foperty;;i}s:::dl~pOiJ.tmued or not camed on m a reasonable manner,
Lender may take all steP!i': nec¢Ssary /to p~~cr Le~der's secunty mterest 10 the Property, mcludmg
completion of the construct~(:m./ ..='. ./ :i"./ ...... ii::.
12. DEFAULT. Grantor ~~lHk 10 de·~ult·::~~:of,th~.f61i~w~~:6c.cur./ ')
A. Payments. Grantor faIls to m'ake iPay,fuentl~:fun wJlen:due :~. :.: .. ':::::/"
B.lnsolvency or Bankrnptcy. Ariyile~i entity 4bhgilt~ oh:t]1~:S~br~a..'"Debts makes an assignment for
the benefit of creditors or become msolv"en~1 ilth~r be¢ause Its 11abl~jtles ;exce~d"Its.Jlssets or It IS ~lflable to
pay Its d~t.s as they become due, or It peuttom)or Pro.te.~tlon W,ider .fCde.rhl. state:Qf local b~ptcy,
msolveijcy Or'4ebtor rehef laws, or IS the subJecf-qf a petlti~ o~"act1q1i unde~ ~cQ. IaW"~ and fills t6 have
the pe~ihon or a~~~n dismIssed wlthm a reasonable'~od.,9{t1l}1'e n~:to ~;lt~i.ir60 ~ays!! ,/:/
C. ~tisin~ .. Tenrilnat1on. Grantor merges, dlssolve'~:"~eor~ruz~, (;?nds Its bmines~::or ~Ist¢i~e, or a
parpier o~.:.maJ.(;)f1ty pwner dies or IS declared legally mcompetent/ :I .:, ........... ~; /:./ ./:
D./FaiIufe to!!Perfqrm. Grantor falls to perform any condltlo~ or f9 k~~p·an:y pr~ffit.$~ or.:fovenant of
9lls Se~nty Jnstru.$ent': ................ :. /:.,,: co::
/E. Other nkumehts .... A~.fault occurs under the terms of any other transaction ~ix:ilinen{
.,/ F. df:tt~J:,Agreerri~n'~. Gr~tor IS m default on any other debt or agreement Ocihtof" ~Avlth Lender
':'\0. Mi~repr~~~~tion.'···\9ra~10r makes any verbal or written statement or p~~~&es any fmancla!
Uifw'1ll8tlon.,thatls ~~fue, .:Inacq.Urat~, . .arJ:onceals a materIal fact at the tlme It IS made or prOVided
H. i~(tgM·ent. iGra$or (~~Is t~' 5.{Iti~fy or '~pPeal any Judgment agamst Grantor
I. Forfeiture. :'The ·:proPert~/;.~:~Sed,,'Hl::~ m3~et: .. pr for a purpose that threatens confiscatlOn by a legal
authonty '::'" .. / f ... ·:· .::.. ;: :r····· .'
J. Name Chang~~':':"Gr~tori~~es Gr~~t6~'s···na~ or:~~sumes an additional name WIthout notlfymg
Lender before malong such a :.charige .<. / ./::' "'\
K. Property Transfer. Grarilpr t~~f~ts atr"~r ~::~ub~tint13i':paii0(Grantor's money or property ThIs
condItIon of default, as It relate~·:,~9. th~"fran.Sfer 9f the . .J)ropertY:~· IS ~bJCC.t to the restrIctIOns contamed m the DUE oN SALE section .... "... ..' :: .' .:' .' .~./ ":;.
L. Property Value. The value of the Pro~rty d~i~es 9f l~:hnp;.i:i'ed" ';.,., .......... : ..
M. Material Change. Without fIrst not1tYfug .. L~der./th~e lS':'~ matenal . .C,llange··in Grantor's busmess,
mcludmg ownership, management. and finanCial COnqJtlOJ1S .. ' :i' ....::
N.lnsecurity. Lender reasonably belIeves that Lend~r 1~.Jns(!bure :./ .. ' ./ /" .// ... " .. , .... ,:: ..... .
13. REMEDIES. Lender may use any and all remedies L~rid~r h~ wider .i~te.:·~/fede~rlaw ~r 1!l"'~ny
mstrument eVldencmg or pertammg to the Secured Debts Any ani6uij~ adVime<;d.On q,a~fot"s b~h~lf w~i ...... .
be ImmedIately due and may be added to the balance owmg under the Secl,ired .De~ts .:Leride~ II\/ly. make·.a· ....
claun for any and all msurance benefits or refunds that may be available on Gi'antor~~ defa,~,l~:. ':'.:,:: .:':' :~" . .... .' ;:' ..•.... : .
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Suliject to any nght to cure, required time schedules or any other notice nghts Grantor may have under
f~der.ii·:cwd state law, Lender may make all or any part of the amount owmg by the terms of the Secured
:' l,Debts ~.~ately due and foreclose thiS SecurIty Instrument m a manner prOVided by law upon the
.'=: .... /. /-oc~urreric~ of a:.default or anytlme thereafter
.... J' Ail remed~~s ar~:dlstmct, cumulatlve and not exclUSive, and the Lender IS entitled to all remedies prOVided at .\:~, ,/.' Jawor eq4Ity, :Whet9.er"oJ not expressly set forth The acceptance by Lender of any sum In payment or
"'. ".,,," ,.,' .::Partllll p~erit prl' the Sec)lred Deb~,,~er the balance IS due or IS accelerated or after foreclosure
.,: proceedthgs :neJiled w~ nof.constlt;Ute a w~lver of Lender's fight to reqUlre fun and complete cure of any
::.: .... ex.lstm&':def~W.~/ B~.,rio(exer~lst#g'~ny ,~.~:?iedy, Lender does not waIve Lender's nght to later consIder the
"event .Il de(aul~'If It,ContU,iuesor)iappens.;Mam ."""'"''''':'''
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14. roItEqTION F;XPE~SE$ AND.ArrbRl~~i~tFlf,ES. On or after Default, to the extent permitted
by law, Gran~9r agi'~es to . .'pay ,all e~pei!~es of c.~llec~~n, ,¢nforcement or protection of Lender's fights and
remedies undet·,·.tlus secyrity .ristru~ent ·\~Orantoi:iagrebs .. Jo pay expenses for Lender to Inspect and preserve
the Property and·'for.,anY rec(irdatI9D. cosf$" of r~l~.lrig··~e Property from thiS Secuflty Instrument Expenses
Include, but are not hmlted,to, a~orney$.· fees.r~t)l,lrt cq,sts and other legal expenses These expenses are due
and payable nnmedlately 'U not:-'Pald Immeqiately'; the.se expens~ wIll bear IJltqest from the date of payment
untIl paid In full at the higIiest/interest rate::m ~ffec~:lis pri)Vlde(f~r mtheJerri;lS of the Secured Debts To
the extent permItted by the Uruted $iates.,J3aJU,!upt~Y f!ode, grantor; agreeiq9,;.Pay the reasonable attorneys'
fees Lender mcurs to collect the Secured Debts as l\ward¢ by anY: court·.~xercIsmg JUrIsdICtiOn under the ::~:!~~NTAL LAWS A: ~i~ul's.~~f~~E$?· /is'''used: .. m thIs se~~lon, (1) Environme~ili}:·~w means, WIthout hmitatlon, the 't;:ompi'eii~~Ive .eIlVl~6nm~~tal ResP6ijSe, CoJ.fipeh,satlon
and LIabll,t'y Act::\CERCLA), all other federal, state,.and locanaws, retulatloli&,-"orGJnaribes, c.0urt .6rders,
attorney general oPlmons or mterpretIve letters concerrullg . .the':pubhc h~~lt~··~fety •. ~lfa~¢, e~~lro~ent or
a hazar\!ous Sl;ll!stance; and (2) Hazardous Substance means any toJtic,tadloactlve or Mzardous/matenal,
waste, .pollutailt'(>.r con~mmant WhICh has charactenstlcs which r~nd:~r th¢ suQ.staiic~ dang-er~us ot:-::IlotentIally
dang~ous tg the ;pubhg health, safety, welfare or enVIronment The te$ uitlude's, w;tho1.1t lI~tatlOn, any
subs~ces ,defmed as "hazardous materIal," "toXiC substance," "hazardous-::waste," "hatar4ous sUbstance," or
"regulate¢:8ubst;(nce" .,tinder any EnVIronmental Law ······" .. ,,·~r .} ::: ,f'
GAmto~ .. :fq,re~nts, Wagaiii~'~nd .. ~grees that "'::':":;:: :',:" ,.'
::~:. A. E~eePt as pi~yi~usly ~Iscl~~d and acknowledged m wntIng to Lender, no Haiar~9hs Substance has ':::~en, IS, or ~iltbe 1(,)C'ai~, uiinsported, manufactured, treated, refmed, or handled 'by any person on,
Wider or ~.b6ut -the P,fope~, ~itcept.IIHh~ ordInary course of busmess and In strict complIance With all
applicab1e' Envttoru*-ntakLaw/ // .. : .....
B. Except as p~~vI~fisI~/dIScJb~ an\i·afknoi...ledged In wrItmg to Lender, Grantor has not and Will not
cause, contribute:,1o, or pen.rlltjhe r~rease;. of MY fiiiZ3~dous Substance on the Property
c. Grantor WIll ;irime.4lat~ly ~otIfl Lend~ri (1.)' a r6Iease.. or threatened release of Hazardous Substance
occurs on, under or about th~ PrOperty or mIijrates:··'or thiea~ to mIgrate from nearby property, or (2)
there IS a VIolation of any En.Vlroriifi~i$1 La~ c~ce~~ng ili,e 119perty In such an event, Grantor Will
take all necessary remedIal action m accoidaJlce with EnvlTonine.iital-J.,aw
D. Except as preVIOusly dlSClosciI:·a-nd·'~~~wl~ged.:i~ wl'i~g' to L~der;:. Grantor has no knowledge of
or reason to beheve there IS any pendmg::or thieatened Jnv~tlga99!l' clal~".9.r. proceedmg of any kInd
relatmg to (1) any Hazardous Substance loc;lted qn. unger gk' abQutthe Property~···-o.r (2) any ViolatIon by
Grantor or any tenant of any Environmentaf-LaW'./ Gr~i1tot wIWlIJlIlledIat~).y notIfy. Lender ID WrItmg as
soon as Grantor has reason to beheve there IS ahy, siich':Penqing oj' tJu:eatened m:vestIg~non. claIm, or
proceedmg In such an event, Lender has the rI~M~ ~#t n,?t: the ..iiblIgiitlo~; to .parutipat~··lQ any such
proceedmg Includmg the rIght to receIve COpIes of any doCu~ents r~latlng to);uch::pr6ceectmgs .::;
E. Except as prevIously dIsclosed and acknowledged m wrlt;~g tJ·Lerider,.:·.OraJitq; and ti.ib-teUandmv..e
been, are and WIll remam m full complIance with any apphcable En¥ttonqiimtafI:;aw / ... ~ .... ,:,;, .::./ .,i· ,""".,
.. ' ,:' ': ;. " .~;: .' ,:; ",:;, -:,~ '".~ley-:De=ve':':'lop"'m"'ent=Gr"'ou"'p-:, ,...------------------.......:, .. -:-. ---::-., -,.--H.I'f-*-. ... -:.f-. ,",::,,;"-'-"'''-..... ;." ...... " • .' ... '.
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JF .. )~xcept as prevIOusly dIsclosed and acknowledged m wntmg to Lender, there are no underground
/: stbrig~ tanks, pnvate dumps or open wells located on or wider the Property and no such tank, dump or
,~. ':':. ,f·./ .;~ell~.llrbe.~dded UIiless Lender first consents m wntmg
':. .... /' .i·G. Qrantor ~dl regularly mspect the Property, morutor the actlVltles and operations on the Property, and
'\"'_ .' ;:' .:: coiifnm that all pemllts, licenses or approvals required by any apphcable Environmental Law are
. "'. ,."", . Qbtamed and' compfie<hv.lth . ;"".,.' .. .R. Oi~ntot\vlii penmt, cit cause Jlny"t~ti~nt to perout, Lender or Lender's agent to enter and mspect the
": ;"Property.an,d' rev~ew"~U r~orQ;S":at any . .r~sonable time to determme (1) the eXistence, location and nature
'~'.:.,:' of:iiny Jia~rdq:us S~bsta~c~i;on, un4et' or",abotltJ~le Property, (2) the eXIstence, location, nature, and
magru~de.:of a~y lfcizar40lis·:;Substari(!c;J~lat has ~A released on, under or about the Property, or (3)
wheth~r 0(·. notG.raritor ~lid ~iiy ten~~~re'; m c,ornph!lDC~,'WIth appbcable Envrronmental Law
I. Upon L~der's reqli~st ~hd a~';'~;y6Ime, d~!lnt&:~gfees, at Grantor's expense, to engage a qualIfied
envlronmentah~!)gmeer to' prepare a~.::envlropin¢~",audlt of the Property and to submit the results of
such audIt to Lender 'Qie chQice of,ilie e~V'lio.PIne~1 engmeer who wIll perform such audIt IS subject to
Lender's approval ;!:..... ::/ ,,/ l :/: :./ / ... ,,", .. ,.... . ;/':::::.
J. Lender has the nght, buf'not the obl~att9n, tQ:·~rt6rm any"Qf GrantQt's pbbgations under thiS sectIon
at Grantor's expense /':' :< ,.:'c·;:" .... ". '::, '\:::/
K. As a consequence of any br~i6h;6f apy re.pte.~~ntat;w~, ~~~ty:4~·pf.~~mse made m thIs sectIOn, (1)
Grantor wIll mdemrufy and hold Lender:!~~d ,J:;en~er's~{8uccess(ji't Ol::·assl~ ha~~ss from and agamst all
losses, C~~.IffiS, demands, ltablhtIes, damages, ~lean~p, .Jespons~:::and,.:reII)etllatlon.:,~osts, pen1il'1W~s and
expense~'; "i~Judmg Without hmltatton all cost( of lltigat19n ~d a~torntys' ..f<:es, \~'hlch ~-end~r and
Lende(ts succe~rs or aSSIgns may sustam, and"~(2) at I,..ti:l.4,er's .discretIdftf' I1irtdei~'.may . .j·el~se thIS
Secuqty Instrument and m return Grantor wIll provlde'l.en:der,:wIth.¢on~teal'(:)fat.i~ast~q~f va~:tie to the
Prop,erty s.¢e.~red by thiS Security Instrument WIthOut preJ~~lce .. cto .any ot~nder'{ngfits llnder thIS
SeQlinty lri.stri:iment':~ .... :./ i~ ;:-"'-.:: ,{./ i
I4···Notwitltst$dmg!.imy of the language contalned lD tlus Security Insth.m~ri:('i~·the .~n~ry,,.:the terms of
.lhIS se.ehon .~11l s#mve any foreclosure or satlsfactlon of thIS Secui'lty".lJJ,Strut;ient:,c·reg~dless of any
.. /passage of}'itle t9':Le.pder.,o.~. any dispoSItion by Lender of any or all of thee:r.roPertY Any claImS and
J'c' def~es lei' the c;on~~rry are her.eby waIved ".,;: /' .,.
i6':.:~ONDEMl'{A1fuN .. ,/Gt;antoi: WIll gIve Lender prompt notice of any pendmg o~"tihi;atened actton by
pnvate,. or pu~.hc eiltltIe~' to purcliase o.r.,l!lJ<e any or all of the Property through condemnatIon, emment
domam;"'onl'ny otijec ~ans;/ Graittqr'authoiizes Lender to mtervene m Grantor's name m any of the above
descnbed actIOns 6,r claw{ Gf.i~tor ass~gns t~ Lender the proceeds of any award or claun for damages
connected With a cQ.ndemnat1o~""o.i other'"takmg :of l\ll·.·.qr any part of the Property Such proceeds wIll be
conSIdered paymentS:·.:~d ~lli Qe aruShed ·'iis ... pi-ovided:;:m thiS Security Instrument ThIS aSSIgnment of
proceeds IS subject to"'tltederrn!,i of i~~my prIOl~·sm~rtg~e, dee4. of trust, securIty agreement or other hen
document ·:C. '\'''';<:'' .::' .:': ;: ":.
17.lNSURANCE. Grantor agr~.to kee;':ihe:Proi~y ~~~d:a~~~'tthe nsks reasonably associated WIth
the Property Grantor wIll mamtalil''thlHnsur.ance ~n th~·.''amQiints.:Le~g~'fequlfes ThIs lDsurance wlll last
untIl the Property IS released from thiS Secuniy Insttument .. :Wh~t ~~~~r reqti¥,~~.l>~suant to the precedmg
two sentences can change durmg the term ~f the .,~ecur~d Debts.' Grantor' maY:.choose the lflSurance
company, subject to Lender's approval, whIch iVIU,.n6t'be uill'e~soI1l!-bly ,¥'ithhe!!t .:::
All msurance polICies and renewals will mclude a si~.~d:"'inor:l~age::flau~~"~d, ~her~ .. appl.!cable, "loss
payee clause" If reqwred by Lender, Grantor agrees to mii,JDtam coI#preliensl.ye g~fierai ltablllty·.lflSurance
and rental loss or busmess mterruptlon msurance 1D amounts"and un~er pObcle~ acceptable ~Q Len~er . The
comprehenSive general babIhty msurance must name Lender as an;:ad<JitlOnal msiil'M Til(~";rentill~'~Qr
_ busmess mterruptlon lflSurance must be m an amount equal to at leas(eov~fage ~('one .iear·;'§ de~.f ~rvIC,((.···· ...
and reqwred escrow account depoSIts (If agreed to separately m wntmg ) .' :" :' . '··,c: .. / :.:' .",' ...... ;:" " .::: .::~ ., .... " .. : .
Langley Developmem Group, Inc
Washmgton Deed or Trust WAl4XXXXXSLLOO7044000041600ISIOO803Y
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Gr.antor wtll gIve Lender and the msurance company Immediate notice of any loss All msurance proceeds
. ""iiI \i~:applled to restoration or repair of the Property or to the Secured Debts, at Lender's option If Lender
.' ,; .:' !fcql.iires.ili~·P~operty In damaged condition, Grantor's fights to any msurance poliCies and proceeds Will pass
,~. \:: .... ,/ /io Lender'to thftextent of the Secured Debts .
:.:. .:./ Ofantof'w,tU InUnedlately notify Lender of cancellation or termmatlon of msurance If Grantor falls to keep
'\.,,,. . ... f" .the pro~rty 11l~ur~d·-LeJ:!,der may obtam msurance to protect Lender's mterest m the Property Tlus
"~." ...... /' .. :·lOsllrance,:inay::inclUde CQverllges not <?.rJ1Ju1.\lPY requITed of Grantor, may be wntten by a company other than
.. ,. on¢' Gnmtor:.\v.OUld c"~se, ·:~~ndm.aY be ~fltten at a higher rate than Grantor could obtam If Grantor
;:·:: .. pyrC~~d ~~urr~e \: ,:; /,.~,;. "".,j ........
IS. ~C~OvY FQ.R T~E$.·~ INSVRANCE:"~q~tor Will not be required to pay to Lender funds for
taxes ail4-jns~.rand¢}~iscr~w }'. ./ /·~t .... ,;.l :/::::'}; .
19. Co-SIGNJi:RS. If oiant9f slgU~'fut~ security In~~ent but does not sign the Secured Debts, Grantor
does so only to·tO.11-y'~y.,dran~6r's I~terest}h the pfo~y.:to secure payment of the Secured Debts and Grantor
does not agree to be personally Ifclble o~ the$eeurtld J;kbts If thIs SecurIty Instrument secures a guaranty
between Lender and Gran~r. Gr~ntor ~gree{to w.'lllve::,~ny n,w.ts that may pr~yent Lender from brmgmg any
actIon or claIm agalDSt Grant9~.:·br any'.:party.:md~bted:i:inder'·the·obllgatlon ',f'hes.e nghts may Include, but are
not hmtted to, any anti-defIciency o~,one-a,CtlO~:laws:' ,," "'::.:< /'
20. SUCCESSOR TRUSTEE. L~dei~ at.:"Len.d~d· opt.t6~::;~maY\froll'tt~~ to tllDe remove Trustee and
appomt a successor WIthOUt any other:: fo~ahtj th3n ~ deslgn~oJl/m ~rltmg The successor trustee,
WIthOut conveyance of the Property, wtll stic~ to;;:~111 me title, pow~i afl(Fdut~,(~s"con(~rred upon TJUstee by
this Secunty;ln~trument and apphcable law .' .' ':'.:,.,,;": .... ':::./ .. ;:' . ":'::. ./ .:':::<
21. USE OF pi()~RTY. The real property con~~~ by ~ ~~~unt; I~~ent'::,s ~&1 usef.i'·"~ru4~lpallY for agncu1tural purpi:jses .::,.: ... " .. ,.... ..': .: " ...... :" .. ,., ...... ", .. :' .(f / ).
22. CQ~STl~UCTIO~ LOAN. ThIS Secunty Instrument secur~~!llJ'·~bli'atu,)D·lncurred.,f~r.~~ c¢~tructl0n
of an riDproy~m~t on ijle Property ":,:. (: :: ...... ' ."" //':'
23 .... APpl1iC~iE L~ W. Thts Secunty Instrument IS governed by th~::la\Y,~".Ot' W¥~1J?,g~on,.,"~xcePt to the
e~ent o$erwI~~ required ~:x,:~e laws of the JUrISdICtIOn where the Property IS I~at~, a.iid th.e Umted States otAmetica ,:' .:. .,.,. . ... ,.. ";':,,:: .' :: i~, JO~·i~.,~~UA~···LIABILITY AND SUCCESSORS. Each Grant~rl{ObJj~~tlOns under trus
SeClt1Jty InstT\lIllendlre lJide¢ndeiit of the obhgatlons of any other Grantor Lender may sue each Grantor
mdlVldually-.er·'·tog¢the~}wlth.::any .6th~t:·oriint<?r Lender may release any part of the Property and Grantor
WIll stIll be obltgated ~der:,:fll1s $e~u'nty Instrument for the remammg Property The duties and benefits of
thiS Security Instn$en(wlfi bmd ~d be~fi.t the'~'successors and assigns of Lender and Grantor
25. AMENDMENt·,. INTEG~TI(,N' Ju> §EviRABILITY. ThIs SecurIty Instrument may not be
amended or modlfied"'by"o~al ~greep1ent No" a~en~ent.:o~ .. modification of thIs Secunty Instrument IS
effecttve unless made m WTltui$ aJid" .. ~;l\.~cuted .:by qi'ant<?t ait~ Lender This Security Instrument IS the
complete and fmal expression of the agreelii~nt Jf any proytslo~.:of thl~. SecurIty Instrument IS unenforceable,
then the unenforceable prOVISion ~l be se~re~ran4::ihe r¢inal1~lng'prov~l~ms wIll still be enforceable
26. INTERPRETATION. Whene~~;"~sed;:;'the ~mmii~r .lfi~ll,lJes tti{pI~~.t and the plural mcludes the
smgular The section headmgs are for converu~nce only and:Are not to'be·.used !6'1iiterpret or deflDe the terms
of thiS Secunty Instrument .: ............ j;;. ./ /. /';; .\
27. NOTICE, FINANCIAL REPORTS AND ADnmriNAi Dbc~NTS~ U~~ss o.thepvlse reqwred
by law, any notice wtll be gIven by delIvenng It or mil1l~g It:'by b9ih fitst cfass an~, .. eithedegtstered or
certified mall, return receipt requested, to the appropnate:.:party.!:s ag{ires{ hs~i(;r m the DATE AND
PARTIES section, or to any other address deSignated m wntlng . ~ot1c.e· to one ~y wIW;6e·~:dee~ed.:fu:.!?e
notice to all parties Grantor will IDform Lender ill wntmg of anY--cliimge::m Orahto(s·.~~ame, a.dctiess or .. ,.,'.
other apphcatlon informatIOn Grantor wIll prOVide Lender any fmanclal s~teo.ieIits Ol( onnat.loI),:Lend«£ '.:.
Langley Development Group. Inc
Washlllgton Deed or Trust
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" ./ requests All fmanclal statements and mformatlon Grantor gIves Lender will be correct and complete
.:'; Qr.ml6i'··agrees to sIgn, delIver, and file any addltlOnai docwnents or certificatIons that Lender may conslder
!' ,: /. ~ec~ssary:" ~o·perfect. contmue. and preserve Grantor's oblIgations under thIs Secunty Instrument and to
(.~. .\".. ...... )to~flfm 1;~ndei:~ lIen status on any Property TIme IS of the essence
;.:. ..' .'
.. \\... ..f·'····· SlGN~~ES/ ~Y-·-slgmng. Grantor agrees to the terms and covenants contamed m thIS Secunty
",-" ...... ". jnstriimeni' GtantOt also acknowledges. receIpt of a copy of thIS Secunty Instrument
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".' GRANT OJ{' . ..' .. .... " .. ···'~.·.~.·~ .. ·D :::.· ... e,.~Jme ... ,.. {G.·.·::'t.~.~.~up .•........ I ... n .... ·.~.:.~.··:·.·.·t"://..... .~{ .,,'::":.
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I certIfy !hat'·l.know or have satisfactory ev;cienc~ .. thaic.;··:.Thomai Fost~ .a~d Gecild.. StumP. Js'lare the
person(s) ~.iio a:p~ared before me. and saId person($tacknowl~:ctg~ th~~:'he/s'fiel:~:~Ign~ tlus;fostIjilnent,
on oath s~ted that '~/she/they was/were authonzed t()::,e.~e.~ute t)je I~ru~nt.anl,1,.~kno~le~.ged }i as the
PresIdeqf and s.~retaiy of Langley Development Group. Inc to;:'be th .ee and voluntarY' acrof s.lich party
for the .... tises a.J1d Pprpos~s mentIoned m the tnstrument '~\:"} t/' 'f"'-"},1 f" ;./ ./ .. : . . ' 10' q ··O? . " .' " , .' Dateq" :: ~i J :~ .' ......... /' :/ . . /' ./: .J' .: ....
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Langley Development Group, Inc
Washlllglon Deed Of Trust
WA/4XXXXXSLL00704400004I 6OOISIOO803Y
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01996 Bankers Systems. Inc • St Cloud, MN e"·::1<f.' 5liii~"/ :.,'-'::·Im:;~.I~· .:' " >~ . )"
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.. ~\,;:;,. :", . .-.. "." ,to tRUsTEE./" ..... w.,., . :.:Th~;~ddsl~:'I{fue hoiJei;.ofthe I\Dt~·{JN!.otes secured by thiS Secunty Instrument SaId note or notes,
/' togethet:'wlth"aU' othepngebt~ne~iecuredJ;y thIS Secunty Instrument, have been paid In full You are
': ,~erebY"dlreCted to <;ancefthlsiSe~iuity Instriune~~,.,~P.lCh IS dehvered hereby, and to reconvey, Without
warr~ty ,jill:lhe e$iate .now h.eld. by yoJu,nde~,·'tills S~ty Instrument to the person or persons legally entltied,tlier~~. ;'\:" ... /.:' ... /./ .:' .}: ./.: .. ,J~',/;~~'. <:.:.:.l.:;('::·)i
(Authonzed L;~der,.sl~tur~) I.) .://·"·,,.::'~bate)
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Washmgton Deed or Trust
WAl4XXXXXSLL0070440000416001S100803Y
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(/11996 BankeR Systems, Inc • SI Cloud, MN <:,. /.' Page 9 ,-:/'
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..... < .. / ...t;,): ;:' <:". /' t .:.:::. PAGie e~gr 1~1~
·'::.n."'· ./.... j: .... ..)~,</." ,t':} .:/. J~~G ~UNTV. IlA
'\,:. :././ 'UlIS Sp~e Prov)de4 "fori'Recorder's Use
When Recorded ~turil"to .:' .' i: .' ://'::"/./:':.'''':.;~.::'
AS'SIG~Nf O~ tEASES::AND ItEms <. (With futuriAdvanc~qausi) .".':\.:/'
Assignor(s) Langley Development <'irorip, I.nc ::.,·:t .f' ':':". ;;: /'::::
28 e0
Lender(s) Washmgton First InternatIonal ~Jlk./ ::' / "':",:;,/ :./
Legal DescrlP~on Parcel APtn nw 114 Sec"'W, TWIt 2~N,JU1g 5E,;/Par~1 ~;.,'''pur'Se~.10, Twn 1o~N. Rng 5E ./ .... : .. ::.. ";" ·.:.n·· ... :,.... :.:" /' :i.'. '\:. ,/ .. >
Assessor'{Prope~{y::1;'ax Parcel or Account Number 'lQf305-9999-9~)J1oi305-9i98::0!}\ ":. ./'./
Referen~e Numbers OJ Documents ASSIgned or Released:':"'''''''' .:" ./ .' ." :. .... :, .. , .... ,,: .. : } /. :." ... / t'k-loWroer--o-<'ii :;':) /zi./'
lI~TEknp~nk:n;date of this ASS13=' ofu.ses and ~(:;;,t.h~~ 9,2003
Tlle parti'es'and tb.elr .. 1iddres~~s are:: <.. .: ':":~SIGNOl(" :,/ ./:"""): ) ........ ,:..... ":.,:'
LANGLEY DlVEtoPMENT GRok, INC. A Corpor~tlon ··::.n.·· /: :f ,.: ..... \ :::
6450 SOuth~~ter BlvsI-< #106.:'/ '\...:: ./ ...... ::
Seattle, WashiitgtcR'981~8 :.;' ':':iJ .:' '.".
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LENDER: ':~" ':':;:-.:." ./ .::" .. ,:' ./":".:.
WASHINGTON FIRST INTE.}.{NA'Q0N.L B~NK:::)' :j.:: ........ ..
Orgaruzed and eXIstmg under the laws: of W-a.~~!Jigtolr :,' ....
9709 Thlrd Ave N E ":.':' : /""' ..
Seattle, WashIngton 98115 .: ............... :,:y. .....,
TIN '::.., .... ."~"
1. SECURED DEBTS. Tlus ASSIgnment WIll secure J;'~ followili~ Se.6~rei:Deti~ .:' ./' .... , .. , .. : .. , ....
A. Specific Debts. The followmg debts and all exte~~B~, reh~w!ti~, ~~fm~ri'~nigs, I}lq,dlfl~t1~ and
replacements A promlssory note, dated October 9, 2003, frorlAs~lgno.tto L;ender,.W1Qi.::'-:a lo~n ambu!)t
of $1,440,00000 With an mterest rate based on the then current" md~ valu.~ as ,.:tfio::pronu,Ssoiy D9~~""""" ~r::t~:::~::c:;~=~o~n May 1, 2005 One or more of the debts sec~.~~ bi:. thIS\~~~:~~e'n:~.:co~~,~ '-::. /\./' .. " .... /: .
Langley DevelopmeDl Group, Inc
WaslungtOn AssIgnment of Leases and Rents
W Al4XXXXXSLL007044000041600ISlOO803Y
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01996 Bankers SYstems, Inc ,St Cloud, MN E.":'I(l"";eni: . par 1').
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,;. ..' ./ specifiQaIly referenced, or If the future debt IS unrelated to or of a different type than thls debt If more
":. ,....../ ritan ®e'per~n signs this ASSIgnment, each agrees that It Will secure debts mcurred eIther mdlVldually or
.;. ./ .::wIth others Villo may not Sign thiS ASSignment Nothmg m thiS ASSignment constltutes a conumtment to
,'. ../' .: . make"aodillonal or future loans or advances Any such commitment must be m wrItmg In the event that
\:.,.,:, . .,,/.: Lender.:'faJ1~::to proVidt; any reqUIred notice of the rIght of reSCISSion, Lender waives any subsequent
'"", ... " ~cur~~ m~r~sfm the AS~l.gnor's ~.rmelp~~ dwellmg that IS created by thiS ASSignment ThiS ASSignment
.: fwJlI ~ot s¢C~e any. .. ~bt fO.r ~w.9-h a noo/possessory, non-purchase money secunty mterest IS created m
.:, ..... :. "hotiseho1d}goods" nt: coniieQtioft WtJh..,j\ "consumer loan, II as those terms are defined by federal law
'. gQYem!Jlg :Unfa~i an9/dec~t~e credit .. !pra~~fces'··"'··J1u.s ASSignment WIll not secure any debt for WhICh a
seciin~y miereSt. Is"creat¢ uf.:llmargm,~toCk· an4' Itn~~r does not obtam a "statement of purpose," as
dermed and.. requifect by}fedcifalla)V; .. gQvermng.~.~ecu~iites/'
C. Sums A:dr.ance~/'· All:' SUll}~' ad~¥lced ~~ ;.!:~PerlSes mcurred by Lender under the terms of thIS
ASSignment ",.: .. , .. " ./:' }{' .f·:· .. :./.;,:/ // "'':;'':
2. ASSIGNMENT OF LJ,l:AS$S AND ~NT$; F:6r good .. and valuableiwnslderatlon, the receipt and
suffiCiency of whlch IS ackiiowiedge(,t;' and·.::to ~cure/th~'S'ecured·.Debts and' ASsIgnor's performance under
thiS ASSignment, ASSIgnor aSSIgns, QirgaQis, griints ~n~h::onvels to Lender ~s:.a~tIOnal security all tlte nght,
tItle and mterest m the folIowmg (ali"-r.e.feired"tb as,Pr9.Pefo/)J· ,\, :: /'::;: '.,,'
A. EXlStmg or future leases, suble~es,4Ice~es/'gua~t1e~::iinqFani o~~i: WTltten or verbal agreements
for the use and occupancy of tlte Pro~y, :'lnc1li,dmg any exiensIPDs, .,renew-!lls, modlfica,tlons or replacem.~h~:.(all referred to as Leases) . .\ "::"":"::":'" :/:.. .:f· ,/,' ':\.::, /":"::=;,
B. Rents, Issues,. and profits (all referred to asR.~nts), Illdu4fug ~~t not"fufiitett. to':§ecul1tSr d¢'PoSltS,
nururnhm rent, per~entage rent, additIonal rent, cOnllnon,afea .mam~enane·irchargesf parkmg.;:6har:ges, real
esta~ tax~';,:.other:: applIcable taxes, msurance premIUm c6.ntrt~ut1oils, hqW9llted ¢images jolIowmg
de.fBu1t, ~ikce~latlori. prenuums, "loss of rents" Insurance, gU~sd'ec~pts,;::iev~nues,:r0y.~ttles/proceeds,
~nus~/ accqimts, J:ontract nghts, general mtanglbles, and all ngh~s and··clatms ,wh~~h As'slgnor may
have r~~ardl~ the.1'roperty ~:: .. ; .. ,,,,,, .... ~ .:/ .,...' ./' /e. ~,~~T ... se1~ dus ""'-,ban mc_ ilie ~7'reoIProperty
·:··PARCEL A:'';: ...... ". :.,: . .' " ::"':, . : ... : .... , .......... ' :.:: .,:'. ., .::: ,,'.......... *
The so't1lh half 9f the nOl:theas~:·qlJ.atter of'the nortltwest quarter of Section 10, Township 23 North, Range
5 East, W M , '~n Ki~g,.eountY,.;Wash~gton;:··. *of the Northeast quarter
EXCEPT tlte n~~l65 fe~i~;eo(:."'·'·· '\;: .. : . ./ :,i:";":;:
AND EXCEPT the"\V~si' 30 ~eet ~s conveyea tfiKI~ Count.).' for road by Deed recorded under AudItor's
FIle Number 3263478, m KUlg C6unl)\.washUigto~:· ... .
PARCEL B ... \ ...... ::,:, .. :,,, ... ,.,,,:,.:> .:/,,:. ,.:::.; .... ..... .. / .. :,),., ............ .
That portion of SectIon 10, Townshtp 2~Nor~:·'·t&ng/5 .::tkst/.>w:.M , i~,Kmg County, Washmgton,
deSCrIbed as follows .: ............ ,'/ .... ..' .' .~! ':.
Portion of the south 10 acres of tlte north 20 acr~~··,oitlt~··: east/half .~f th~:'~~~ea~~:: qu.arter·dymg west of
Honey Creek Estates "'.. .:' .' ./ .. ' :.,:'./ ,,'. ".;.
The property IS located ill Kmg County at 1100 HoqUiam ~:~nuiNoi~eaS{ R~t6~, W~~~gtoJ ~.g6~9> ...... .
In the event any Item hsted as Leases or Rents IS determmed to be personiil p~p~rty, itll1s"AS!ll~~nt Wiii "\
also be regarded as a secunty agreement ...... :: '::. ':':,.,,:5:. ':" .:': ::' "'. :;
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Langley Development Group, Inc
Waslungron Assignment of Leases and Rents
WA/4XXXXXSLLOO704400~1600tS100803Y
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4:11996 Bankers Systems. Inc • St Cloud, MN f5M.~~ Pa~n
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:: 3.JWY!tlENTS. Assignor agrees that all payments under the Secured Debts will be paid when due and m
.,' a~to~.danc.~ ~~th the terms of the Secured Debts and this Assignment .-::' .' ..... . A. ~oLiicTiQN OF RENTS. Assignor may collect, receive, enJoy and use the Rents so long as Assignor
.:"'" t{ IS.not l.frdeJault :; Assignor will not collect In advance any Rents due m future lease perIods, unless ASSignor
\".,,:,. ,,/ first obtam$ Lender's,wJt1tten consent
""' .. _"." .:trporl·defaWt, A~~~or Wlil:'~elVe anyRen~ In trust for Lender and ASSignor will not commmgle the Rents
:/ With any:oth~t-:·tiIDds ., ..... ::. '::: ,:., :,/ /
"\~;$~lgnQr agie~§" tha~'-:tius :AssI~~t IS ~~I~.tely., .. ~ffectlve between ASSIgnor and Lender and effective as
to thll:d parties"on tJle re¢<>rdlug i'>f thIS A§~lgru.uent)· ..
TIlls A~~~~nt ,*lU..,r~ma~ e~~ctlv~. ~ri~ any..,~'t¥t~tx; redemptIOn pertod until the Secured Debts are
satisfied '\. .,.,/ ,,." ./: .. ,;:./ ':"':.': /::;../
When the Property,Js ... riot faim lahd or )ihe hom~stea(("of ASSIgnor or ASSIgnor's successor m mterest,
ASSIgnor agrees that Lender-i'is e~iitled t6 nou.r,;Afoslgnpr or AssIgnor's tenants to make payments of Rents
due or to become due dI.~tly.:· to Lender/aft~t: suSh re~9tqp1g, howevet")~ender agrees not to notify
ASSIgnor's tenants Until AsSignbr de;fdultsjind LeneJ,er p6hfies 'A§slgnor q/ tli¢ default and demands that
ASSIgnor and ASSIgnor's tenants pay.aU Re.rits gfie or.-:~::tiecome due'~lfectly~~w lJender ASSignor consents to
ASSIgnor's tenants paymg all Rents· ... ~u~· o~ .. 'to t#OO,me <\u(n~,.1recd.y tg":I,ifttler after Lender makes thIS
notIfication and demand to ASSignor . ':"Vh~ th!'·· PropeI1Y IS tar,m.dand or}the homestead of Asslgnor or
AssIgnor's successor m mterest, Lender lhay jlot,:~:enf,*ce thiS Ass'Wnn~t by.,talq~g possessIon of the
Property for,.'Il).~ purpose of collectmg Rents,but Lende'r::.Illl!Y see~:ithe a~~mtment ··6(,.a recelv¢.r:l9 take
charge of 1fie Prqperty, collect the Rents for non41Omestead·:.,Pr\>Pefo/;' an(L.~pply: the:J~.ents . ..:i~nd~ thiS
ASSlgnm~~i . ":::\'" ":.':::,::,:,,,,,, .. ,./" ./:': :./: .i •...•. ,,, ... ,.::: ... : ....... ) ':! ::/' j/
s. CO~LECrlQN EXPENSES AND ATTORNEYS' FEES. pn ~t' a4er Defa,lJl~, to tl).e e~ent permltted
by law./Asslghor:;!lgree~ to pay all expenses of collectIon, enford~ffl:¢nt cit prdfectlQn of,Lender's;':nghts and
reme91es ~er ~ A~lgnment ASSIgnor agrees to pay expenses for ·~end~r-··to mspect ,:and preserve the
Property a,ria for;;'any ~cordatlon costs of releasmg the Property from this..AssIgnme¢ .,Expenses mclude,
bur:are ~~t 1l1'l¥ied tq-j' at~m~y's' fees, court costs and other legal expenseS·"· .. ·~~es~·· ex.Pens~ are due and
p(1Yable.j~nm~~tately'r Jf'not pihQ .. lmmedtately, these expenses Will bear mteresf:fro~·lhe .date of payment
llD,tll palil':m"full at:'~e highest mt~fest rate m effect as prOVIded for ill the tenns of thtt$e¢ured Debts To
th~::~~tent perml~tt!dJ)y th!>·tJ"Ii:lted ~tates Bankruptcy Code, ASSignor agrees to pay the relf~Onable attorneys'
fees te~~er IJIC~lfS)O cgfiect.{the ~·ecu~~d .. D.~bts as awarded by any court exerclsmg JUrISdictIOn under the
Bankruptcy'Code.: t t: .:' .. " '.' ....
6. ENVIRONMENTAh .. LAW§/A~.,·HAZARnQUS SUBSTANCES. As used m tlus sectlon, (1)
EnVIronmental Law'~'~eans, ~Ith~t h¥i'ltat18~h ti.'ie ¢omprehenslve EnVIronmental Response, CompensatIon
and LiabIlIty Act (e'EReLM, a~t oth.~r fedeflll/s~te a~d loe,a, laws, regulatIOns, ordmances, court orders,
attorney general opmIOns or mteq,retiy'e tetters copcerIJ,ing the pap1tc health, safety, welfare, enVlfonment or
a hazardous substance, and (2) 1;Jazaid'o~:·.~ub~func~·· mearis a~ tox.l~, radIoactIve or hazardous materIal,
waste, pollutant or contammant wlltRh has ~hara¢ter1~hcs whlch.:ren~er ili.e substance dangerous or potentially
dangerous to the publtc health, safetY~"welfa~e' or ~nVIrqhmt:rii }'he tcinl'in~ludes, WIthOut lImitatIOn, any
substances defmed as "hazardous matenal," "t:pXlC substlince/ "~rdpus waste, '~_.~~azardous substance," or
"regulated substance" under any Envlfonmenuii.Law .... :.:.' ::: / ..... \ :;,." ..... :.
ASSIgnor represents, warrants and agrees that ........... .:'./ :,;. .:: .' .' .. :: ...... ,... .:
A. Except as preVIously dISclosed and acknowledg~d::~nc~rlt1.rg to :iend.e~, *' Hl:.l~ar~ouS··S\1,bstance has
been, IS, or WIll be located, transported, manufactured;\tre~:ied, refin~d, of" han.dled' by any"p.l;rson on,
under or about the Property, except m the ordmary course:':of bu~mesii and' m st~Jtt cotppJ~ance. WIth all
apphcable Envrronmental Law :~ ..... ::o" ,.:.: ,,:: ,/ '.:' .:::,,:/: .:: :.:: .. ' ...... ;.
B. Except as preVIously dIsclosed and acknowledged m wntmg to Gnd~, M.~linor.:~~~::n9~ ~ .~lll n6t .. ·····,·····.:.
cause, contnbute to, or penrut the release of any Hazardous Substance OI{tQ~.'Pr9.perty. .<. • '\,;"-, / .' y, ........... ;: .
• ' ··l.O." • • • ::' •••••• .' :t'::::t~~" ~ .
Langley Development Group. Inc
Waslungton AssIgnment of Leases and Rents
WA/4XXXXXSLLOO704400004 160015 lOO803Y
. :::~mual!l .. ::O ~ .f· ./' !::::1..l.:: '':\: .. "1996 Bankers SYSlems. Inc • Sl Cloud, MN Exf~J1' ./' .:/ Pag~.:·3 .,' :~ •. ::'
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.:t: ... ,Asslgnor wIll unmedlately notIfy Lender If (1) a release or threatened release of Hazardous Substance
./09t:ui's,.on, under or about the Property or migrates or threatens to migrate from nearby property, or (2) :; ./'" f ~ere.·:1·~·a:··v19Iatlon of any EnVIronmental Law concerrung the Property In such an event, ASSIgnor will
.\..... :;' :take iilI necessary remedIal actIon m accordance WIth EnVIronmental Law ':~\::,:., ... ,.. .;// ::. D.)~·xC¢pt as.:prevlOuSlY dIsclosed and acknowledged In writIng to Lender, ASSignor has no knowledge of ,. ., .. ",. .." ot rea~n to::belleve"~Je IS any pendmg or threatened mvestlgatlon, claim, or proceedmg of any kmd
.",.... :: ielatl~g to,ll) .. any Hazard9us Sub~rtte'19cated on, under or about the Property, or (2) any vIolation by
.' ,:"AssIgnor .or ~ny t~na~ of any l4ty'ironmtiital Law ASSignor WIll Immediately notify Lender m wntmg as
:':,:."':-soo~ as AsSigno.t"has::·reasDn .. io behe:va,:ther~ .. lS,.any such pendmg or threatened Investigation, claw, or
.' pr.¢cee41ng::· lIt' suc~' an.¢v~t, Lende,r hal'the ~tht) but not the obbgatlon, to partICIpate In any such
proe~Ing mciil.dI9~ the.:nghi::to rece;v.~:'e6plesJ)(1il1}fdqcuments relatIng to such proceedmgs
E. Except··:a.s pr~~lOu~§ d~~~lose.d'1iltd ackndWi'~dg~djh wntmg to Lender, ASSIgnor and every tenant
bave been, it~,.and \ViiI remam ,it fuli'~-ompha~~.:.~ldi':iiny applicable EnVironmental Law
F. Except as ~~~;;;~usly'/dlsc¥>~ed ~d a«I<n6wt~g~d m wrItmg to Lender, there are no underground
storage tanks, private 4~p~/or o~ii we~fs IqCilte~ion ~~.).IP,der the Pro~~y and no such tank, dump or
well wIll be added unlesS"4itder fJist c9,l\sent8 m yintptg ""::.. ./.':it
G. ASSignor Will regularly mspe~ the ?rop¢tty,.;nqrutor th~. actl~~tles arid,p~ratlons on the Property, and
confirm that all permits, hcen~es. ot api>ro~~ls trequ~ \by any ;;tp~~cable EnVIronmental Law are
obtamed and comphed WIth .,,: .. (' ./' /. ./: .::, .... :,,/ .. / ,?
H. AssIgI10r wIll perrott, or cause any terian,t:to perm\t, Lender orLenru.!r's ,~eilt'to.:~nter and ~pect the
Property':ai'id .. ~evlew all records at any reasonable. t1m~:t[{de!erm¢e n)' th(t~xlstence>~pcatlon .~nd'~nature
of any ... Hazard~s Substance on, under or abou(,.the Prop¢y /(2) .the exi§le.nCe}; .. lociUIon, .nature, and
magmi~de of anY,·.,Hazardous Substance that bas lien,relcased' on,::"lDQer''Ol''.'about th~i PrQPerty{ or (3)
whether Or:ll91 As~ignor and any tenant are m comphance wItl.f·applica,-"ie Envlronmentai ~\V ./
I .. p~n ¥~nd:e.r'S r~uest and at any'}Ime, ASSIgnor agrees, ~t"'~~I~or's;;:e~~rl'se, t¥' e~age::1 qualIfied
epvlrom,nentaWengJi!.eer to prepare an envIronmental audit of the Property"and to}u~rfut !pi:: results of
sucb a).itht to.:Lend~r The chOIce of the envIronmental engmeer who wm.mi.r.fprm.~uclf audit IS subject to :/:'Len~~t' s arPfovay' .,>".""':"".:. ,<:,: ... :.::-Ji' J<
.:':: J. U~nde.r-has the right, but n6t.the obbgatIon, to perform any of ASSIgnor's obhgat;bns under thiS sectIon ". ';':",.:;' '.. . "':',:' ····:::,at ASSignor S ~xp¢nse .:_ .... ::. .:: .... :.,) .
·'({.:.As a co!)S~q~~nce,;:bf ally bI~ach <?!.!lDy representatIon, warranty or promIse made m thiS section, (1)
Assl~n(])l"'w'lll ~de~fy .~nd hP1d):.ender-·3.J1d Lender's successors or assigns harmless from and agaInst
all losses, c1a~, de1lll\rids, Uil\>ihtles, damages, cleanup, response and remedIatIon costs, penalties and
expenses, lDcIUqmgwlthou.{Jjmlta\JOii'::,all Costs::.qf htlgatlon and attorneys' fees, which Lender and
Lender's succes~(l~S or ~sigris ma'y suSt~\ln~; and (2) at Lender's dIscretion, Lender may release thIS
ASSignment and lii"'ret\l1'D ~slgn6r WIll proVide L~nder.'~lth collateral of at least equal value to the
Property secured by thiS Assignm~t :W.Jthout prejudice to;:lmy~f Lender's rights under thIS ASSignment
L. Notwlthstandmg any of uie. lan;agi;):on.~mc;d· In ~~s A~'slgtUn~~t to the contrary, the terms of thIS
section WIll survive any forecloS\l,\'~ ~r.,~UsractIqil of ~s t\Sslgfune~(reg~dless of any passage of tItle to
Lender or any dispoSItion by Lender of .any oi:. allj'of t~e ~ropertY Any claws and defenses to the
contrary are hereby waIved ';". "." .. ,' :.,:' / ::' ... ".... ''i; .. ,_ ......... .
7. CONDEMNATION. ASSignor wtll gIve teooef;proIri~t~~tlclof driy ~~~bng 6~ threatened actIon by
pnvate or public entitles to purchase or take anyo" .. a~io.f the,J'roptirty .~oagh conden..m!ltIon, emment
domam, or any other means ASSignor authorizes Urtde( to ~terv<?he 111' AS$ignoi" S .. dame ·'liI .... any of the
above descnbed actIons or claImS ASSignor aSSIgns to Leru.Jer thi proeeeqs of :anY award or ':~lalm for
damages connected WIth a condemnatIon or other takmg of aU'or ~tiy p.art ofthe)!bperty;':':~uch'::pr~s
Wlll be conSIdered payments and w1l1 be appbed as prOVided 10 ···thls· AS~Ignn'ieiit J:b.ls:: .. assl~ent ~''''''''
proceeds IS subject to the terms of any prior mortgage, deed of trust, s~ur.iiy.:;agr~m~ilt .. :or/o~er lkif .'.::: ,;too"""".:,:'
document ....... ;,. :::" ".:,.:' .::': / .. ,..... .' ./~,:/ ..
Langley Development Group, Inc
Washmgton Assignment or Leases and Rents WAl4XXXXXSLL0070440000416001'IOO803Y
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C>19!l6 Bankers Systems, Inc ,St Cloud, M~:"'CJQ~"" ;';,~ "" :;
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. 8. ;.~PqINTMENT OF A RECEIVER. On or after an Assignor's default, Assignor agrees to Lender
.; .,' ~g a'lj a,pphcahon to the court for an appomtment of a receiver for the benefit of Lender to take
.;':" .. /' 'pos~s10nt;f ih~ Property and the Leases, with the power to receive, collect and apply the Rents Any Rents
';,. /coJrecte~ .. ;.vlll be·.~pphed as the court authonzes to pay taxes, to proVide lOsurance, to make repairs and to
'\.. ./", pay CQSts '01' any .Other expenses relatmg to the Property, the Leases and Rents, and any remammg sums shall
:", '.,. . . .. ,.,.. be applIed ,to t4!!!' S~Cifrea' D~bts Assignor agrees that thiS appo1Otment of a receiver may be Without glvmg
.... " .;:·bon~, WIthout :reference to the then-e!.dstiIilr value of the Property, and Without regard to the msolvency of
:::. any.' persOn h~bl.e: for lj.l'IY'9f th~: S~~ed Deb~
. "~f nut o~ $ALll~' Jndd f.tl~y, at·l~)opt,.l6n;···Cl~lare the entIre balance of the Secured Debts to be unme(haJ~Y due a~ p~yabl~::hpO~ the cr~a~ of, orji:oiit(~ct for the creation of, a transfer or sale of all or
any part "of t~ Pr6peity ;.1'hI8.··: flght·~.~· ,~ubJect .~(o:·'tlt¢ re~T1CtlODS Imposed by federal law govermng the
preemption of s~.~e due-~!l~sale.:laws,/its aPplicable) .' ':'\"':{
10. TRANSFER":Oli"'AN ~RJiST :U~{TIlEJ~IGNOR. If ASSignor IS an entity other than a natural
person (such as a corporatl9,ii or Qi'her o~gam~tloni, Lepder may demand 11'Dll1,~~tate payment If
A. A benefiCial mterest ~ii·A.i~lgnot;·:~s sQld o~::fran~ien;f:{"" """:'\. . / .::)
B. There IS a change 10 eIther th~;lden~~y 0~"'n~6ef:of m~m,~rs' ~f a partn~r~hlp or SImIlar entity
C. There IS a change m ownersh{p"of,-htore-thai' 2'$' perqe~t &.thei~ourii·~~k of a corporation or slffillar
entity . ..r ... ,.,,::-",ii ./' ":'.:,,/ ./". ",/ .. _ ...... ,: ..
However, ~ng~r may not demand payment m 'the a~ve :S~w.a~IOns If ~i IS pfohl,ljited by:la}V as of ~:4:~te of
thts AssIgnql~m(·:,:. '::. ":":...;:'./ :\::. . .... ,.. \. ./ /
11. wA~kmi::~ REPRESENTATIONS. l~SlgnOr'f~~bs tQ:.tel}der'~~~foiibw~ w~hant{~s and
represenlatloDS"whlch ,fall contmue as long as tillS ASSignment IS ui eff~t :,' .:. /' ./
A • .t~wer./: A:s.slgncir IS duly organtzed, and valIdly eXlstlOg:~d?:~ ~od ;$ta~4ihg lJi~lduns4~ctlons m
w~ch A~lgno.f. ope~iltes ASSignor has the power and authonty to ent~r mtO··thls tra~sa~tion .and to carry
Qft Ass~gnor';;busm¢ss or actlVlty as It IS now bemg conducted and, as ·app.IAca~le, ~ qpahfI~d to do so In
.,tach J.~rIsdIt;:tion 1Jr:wh1~h,A~slgnor operates·i.,:,. .t :/. :-,'
./,. B. A'~h~riiy. Th~.e~~cutlO~~>4ehvery and perfonnance of thIS ASSignment and:lli€lf:Obh~tlon eVidenced
':':::py thlS'Xsslgng1ent: are ~lth,m ~slgnor's powers, have been duly authorIZed, have receiVed all necessary
. goy.ernmental:~ppTova~{ Will no~::v101ate any prOVISion of law, or order of court or governmental agency,
anct';'wul-llOt Violate ..:~ny ,~greyine!)1>··to'\v~l~h AsSIgnor IS a party or to whIch ASSignor IS or any of
ASSignor's pro~rty i~ sUJiject :;: .:/ ".: ..
C. Name and place ~fBusin~. ~ei\~han;prev~llsly disclosed m wntmg to Lender, ASSignor has not
changed Asslgnot·~I> .. name ,.& prmcwal pi~~ :!Pf bUsllj,eSS wlthm the last 10 years and has not used any
other trade or flctltloUs"name i: W It{'iout Lender' ~ii)f1Qi wn~elJ. consent, ASSignor does not and wIll not use
any other name and Will presefye A~!.Il8n.or' s el!ilstmg' nam¢', tr~~e names and franchtses
D. Title. ASSignor has good ti* to the tease~, R~nts ~d Pr~Peri}i:'and the nght to asSign, bargam, grant
and convey to Lender as addlt10nal.~~~~rlty t.he L~'ases .~nd Rent.s·; ·anfnootber person has any fight In the
Leases and Rents ':: \.:: .:' .:' .,,; '.
E. Recordation. ASSignor has recorded tlie Lea~~;' as Jqun:ed .6Y·1~w or ~foiherwlse prudent for the
type and use of the Property····· ..... ,,'· .. '.;; .=' / :.:.' J: ."'. .~::
F. Default. No default exISts under the Leases, ·:~ln(tthej)arqci~ su~j~ct~;; t~ Le.a~~)uwe .. :1lot Violated
any applicable law on leases, lIcenses and landlords and :~na~ts A.isslg~or, ~t Its:.:5<?le cost ant:l ... expense,
w1l1 keep, observe and perform, and reqUire all other partles.to th~"Lell.'i'es to'·coniP.l5' wlthJhe L~ses .and
any appbcable law If ASSIgnor or any party to the Lease default(or .fiuls .to o1?s~iVe an;;3Pphc~ple.:iiiw •.
ASSignor wlll promptly noufy Lender "' .. :" .:" :.:' :':' .J:':"::" '.,: /./ :/ ............ .
G. Lease Modification. ASSIgnor has not sublet, modified, extended, cik~.~l~,{or o~e~~'se:I~it¢fed tii~' "::.' ...... /.\,/' ..... "'):.
Leases, or accepted the surrender of the Property covered by the Leases (unless t~e Leases·So.requlfeV··'··\ .'
LangJey Developmenr Group. Inc
Washtngton Assignment or Leases and Rents
WA/4XXXXXSLLOO704400004 16001 5100803Y
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4>1996 Bankers Sysrems, Inc ,Sl Cloud, MN IJ<''-''~ '\'.:,:.:/' Pag? 5 :///:. / .. ; .. /
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::,'H.)i:ncumbrance. Asslgnor has not asslgned, compromlsed, subordmated or encumbered the Leases and
f' /" ~e·riis>.".,
'\,., ,/ /12:,;~COVENAm.S. Assignor agrees to the followmg covenants
:;. .{ ,:' A. Reut Abatement and Insurance. When any Lease provIdes for an. abatement of Rents due to fire, ':\;~"" ,/:.", fl~ ~ othe,r cas~Uy., Assignor will msure agamst thlS nsk of loss wlth a pollcy satisfactory to Lender
"", •• ",.,f ." .t,\SSlgnOr may.:,choose,·:,,9te msurance. company, subject to Lender's approval, which wlll not be
,;: ,;unr~ona,l;iY:''''lthheld '::', """"""'"";:,;'
:\ ,/B. ¢opi~ of Le~es;):, As~~~i"~lll v.r,¢nptly provide Lender With copies of the Leases and w1l1 certlfy
";.:: tht:Se Uas.i:s a~e tru,(i and ~rrect @ptes ",·The',,~.x1Stmg Leases w111 be provided on executIOn of the
A~sw~e~t, a~ al~d'ut~~ :Ce~ses an4!~X:.()ther #o~uon Wlth respect to these Leases will be provided
lDlDlcihately after .. tfiey ~re eJ!;ecute~ ,ii /" ",.,,} / ':,i
C. Right 14>. Rents. ,Ifumedlate~"~ftfr the ek~tiblil. qf this ASSignment, ASSignor w1l1 notify all current
and future te'iian~,.arid others o}jhgat~' under.':th~··~ses of Lender's nghts to the Leases and Rents, and
w1l1 reqliest that they Imfuedl~iely IW all,.~¢ Re#ts directly to Lender when ASSignor or Lender asks
them to do so Howev~~, A~.Slgnor"does ,~ot n¢ed t~' prov~~~, thiS notice wlte.n the Property IS farm land or
the homestead of ASSIgllClr.,.¢ Asst8rior'~;:suc~ssor-:"mJliteresf'\, .f ">
D. Accounting. When Lend~{ req~sts,,/' AS$i~; Wlll.,.provi~e toL~1?cier an accountmg of Rents,
prepared m a form acceptable tci"'I.~cnder,..subJ~t to geoo.tiilty acc:epte~r~~ountmg prmclples and certified
by Asslgnor or ASSignor's account'int tp' be ,¢untnt, ;~ccurafe'.:~d ~mprete as of the date requested by
Lender ':"",.,,:." :::' :~~ './ /. ."."'" "', .. :, ,',
E. LeaslMQdification. ASSignor Will not subl~t, mOtlltYi,,:extend; cari~eli~r othe~se alter the't.-eases,
or ac~pt the::&Y,rrender of the Property covere& .. ,by the L,el\s~S (U1Jl'ess ilie",];.~'B's~s S~. requlfe) ,Without
Lend,!!'f's wntteli';~nsent .:':""", ...... /' ,:,:.',' :,/ ,t·'·""""'·'·""''':..'' H ",/ .J.'
F. Encum.br.~ce"':~Asslgnor Will not aSSIgn, compromlse, subord~tiat~"or encmt;lber ~'~es.ind Rents
wlUiout I,.fnd~' s pilor wrItten consent """"'/ [f ,;",.-} /: /' ,/' (i Fuq;l.e I#ases~:~ ASSignor will not enter mto any future Leases ~\Vlth6u(prtOr ,:wntf~n ~6nsent from
:tender" ASS'tgnOl:;::wIll execute and dehver such further assurances an<l,,~Sl~~nt&':as to these future
,/'Leas¢$ as Under,tequJres,(rom time to time ' ,( ,.::"/ ,/
/" B. P~rs()ri'~l ~pett~. A~~ignor Will not sell or remove any personal pro~rl:i' oithe::l>roperty, unless
"",:::, ASSignor repl¢e{thls ptlrs.onaLproperty With bke kind for the same or better value """',:",/
't:,:Prosecu.i6~ :futd p~fe~se of Cla~~. . ASSignor Will appear m and prosecute ItS ci~tms or defend Its
tltle"'to,-1l1e l4ases/and)Rent~ againsC"any clatms that would Impalf ASSignor's mterest under thiS
ASSignment an4, OIL~eP:der'&/r!:quest, Asslihor wlll also appear m any actIOn or proceedmg on behalf of
Lender AssIgn.or agrees td'isslgI\..:t6:,J.end~r, .~. requested by Lender, any nght, clauns or defenses
which Assignor:':~ay hav,,e" l!-gamsf' pariic,~ ~ho:,.':supply labor or materials to Improve or mamtam the
leaseholds subject 't(Y'1he'l.ea~es a~d/or the Pfop¢rty f :'::',.
J. Liability and Indemni~catj~.,.<:~.Lendt!l dO,~ nOf: as~me or become hable for the Property's
mamtenance, depreclanon, ol':,other loS$~S ot dan,iages:,wheq·'LC;iitlj:).r acts to manage, protect or preserve
the Property, except for losse~. or ~amages dhe to': LeQder:s gr9s~ .. ~eghgence or mtenttonal torts
Otherwise, ASSignor WIll mdemni'ty'lendef and:hold:Lender harmI6ss"for'all hablhty, loss or damage that
Lender may mcur when Lender opts to ex~rcIse'iini:of l~ refued~.e~,~gamst;,:~y..party obhgated under the
Leases '<"" ..... <,:' ,,.::' ,J ,',":-!! ,,' "':':-,
K. Leasehold Estate. ASSIgnor WIll not cause Q,'r petillltthe ~¢aseh91d ~tat~ under the Leases to merge
With ASSignor's reversIOnary mterest, and agrees"'tbilt the Lt~ases"::shall" remam 1ii fuU-fm:ce and effect
regardless of any merger of the ASSIgnor's mterests an~,of.iny nlerger otfue uft~rests of ASSIgnor and
any party obhgated under the Leases "".:,::' ,.' .,:: ,/. :,:~' ,/ '~~, , " ::" <;'): j: ::: ... ,
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,L.lQsolvency. Lender wlll be the credItor of each tenant and of anyone else obhgated under the Leases
c: .,: ./·wlio 'iif:subJect to an assIgnment for the benefit of credItors, an Insolvency, a dIssolution or a receIvershIp
:: ,:." / piocee~Jt'ig;·.9r a bankruptcy
':',,, \:".. ."A~,,:DEF~JJLT. \Asslgnor WIll be m default If any of the followmg occur
\. .,i:·.:· A ... :Pa~ent~: As.s.lgtlQr falls to make a payment In full when due
':, ., "'. ,~ ... ' : ~( Insolve",~y:.6~' Bank~Ptcy. Al}Y'legal entIty oblIgated on the Secured Debts makes an aSSIgnment for
.... the benefi.f:of:·credltGlS or ~com~:·\'insolve~i, either because Its hablittles exceed ItS assets or It IS unable to
":', ... ::·pay.:iis debtS as tl'i~y flec~mediie, Of.-lt.,PetItIons for protectlon under federal, state or local bankruptcy,
,. ~~lveiY :~r d¢'btor.iehef·l$.s. or I~.t.he s~t)j~~r\jf a petltlon or actIon under such laws and falls to have
the"~~jhori. or g9t10J!"dISII,iissea Wllhl11<;a}eisonablsh)~hQ(,i of tlme not to exceed 60 days
C. Busin~. Te~ina~~. )\SSI~of~therges/;~;;s~yes/ reorgamzes, ends Its busmess or eXIstence, or a
partner or niil.Jgnty Qwner !lies of IS d~ared lejallY mcompetent
D. Failure to Perf~rm.:.:::AssIgrior fa.-iis to .. .peff~·'~y condItion or to keep any promIse or covenant of
thIs ASSIgnment .:,' /. .,:" ,/ ./' j: :':.,
E. Other Documents. A"default ~curs.:tind.~& 1he:len.Il{~f'~ri~· pther tra~acfion document
F. Other Agreements. AsSIgnOr,'IS In:.aef~tiit 0~.:'~Y' other.4.ebt ~r agree'~n{ ASSIgnor has WIth Lender
G. Misrepresentation. Asslgn6r.,Jhak~ anj' v'~rbak'~r w.ntt~h s.~t~~nt or provIdes any fmanclal
mformatlon that IS untrue, Inaccurate, oI"i~.on~al~~:a m~tenal faedlt lh'e tll,tie It IS made or provIded
H. JudgJJl~t. ASSIgnor falls to satIsfy or~~pea(anY:klJ8Jllent a~~t.Asslgf~;"'··'··::\.. .r:,::.
I. For(~ttu~~>',The Property IS used m a mannef:.;,Or for ~'Pur~~e ~t lhf~t~,,~o~catlO~}by .llegal
autho~ity ':\. . . ',:;,:""""., .. / :/. ./: " ....... ,",.::: .. ,.".:? !; .. / /!
J. Nairne <fh~ge.'::";Assignor changes ASSIgnor's name or a~me..s'· an.f~ddItl?~1 nam~':wI~ouVhottfymg
Le~der be,for~)na~g such a change .: .... ,./ ~: Y"';': .,': f :/
Kl' Pro~rty .Tran~fer. ASSIgnor transfers all or a substantIal' part\)f ASS'l~or'sAnori~y 9f property
trus gjndlt1Qtt of )lefault, as It relates to the transfer of the Pro~j:ty. .... lS·.;subj~t."to tbe restnctlons
/:'con~ed ll,l:'the I?tJ~PN·.S~LE sectIon :<,,: .. ,/ .,/' ./:
::." L. Pt<.~riy Va.fu~./ The vahi·lt.of the Property declmes or IS nnpalred ....,( .:.:'
":::,:~. Material.¢b~ge •.. ,.w\thou~, fIrst notlfymg Lender. there IS a matenal change I~'As~lgnor' s busmess, lliC!~d1Dg o.wIlersiup, .:thana:~em~t, ~d,f.U,Ulnclal conditIons
N. fusecU'~ity •. ienaer ~sonibl'y·b~heve's·tI;lat Lender IS msecure
14. REMEDIES. '\. A~e{' As~tf~~r ~efa~ts, . ~d ;:after Lender gIves any legally requIred notice and
opportunIty to cure ~ defau~l(L.ende~·:inay·~tL¢ndC!.r' s"qptlon do anyone or more of the followmg
A. Acceleration. 'bt1a~r ~y ~e all·~i'·an~ part of.th~. amount owmg by the terms of the Secured
Debts nnmedIately due ":'. .:.:, ... : .. ::.... / J f ":i'
B. Additional Security. Leri<:l~r may 4~a.rid a~ltlo~l seiur~ty·:or,.addltlonal parnes to be obhgated to
pay the Secured Debts .. ,:,:, .. "" .. , ... " :i:: ;( :/. /" .f· .;(, ..... , ....... ;.
C. Sources. Lender may use any and all remediCs.lend~ hali under Wasrupg!,?n or federal law or many
mstrument eVIdenCIng or pertammg to the ~cureq"PebtS::' .::' t·,·,,;: ;:,.... ..... :.
D. Insurance Benefits. Lender may make ~··cr~;.rh fot:ilOy'an4":;;1l ~uranc~benei~ts or refunds that may
be avaIlable on ASSIgnor's default ., .... , ... / :,' :.:' .:': .:":~ ,:. ".''''''''
E. Payments Made On Assignor's Behalf. Amounts ad?(an~~d o~;··Ass.i~ois re.hlUt~Ill be 'ftn,medtately
due and may be added to the Secured Debts "::,: .,: :.:' ....... :.:' / ..... :. ',: .'
F. Rents. Lender may termInate ASSignor's nght to collect Reri~:and dl~ct1ic6ilect .. ~ridjetan{ Re~lhn
Lender's name WIthout takmg possessIon of the Property and to demandicol~eci~ req!hv~j.~nd .$ite:'for .the··· ..... .
Rents, gIvmg proper receIpts and releases In addItIon. after deduct11).g· aI1: ... r~sp.~~~~~·:i~~ns~~ ... ~: .' /, .. ~,:,/'''''''''?~'
Langley Developmenl Group. Inc
WaslllnglOn AssIgnment of·Leases Bnd Rents WAl4XXXXXSLLOO7044000041600ISlOO803Y
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.~., :.Collectlon from any collected and retuned Rents, Lender may apply the balance as provIded for by the
,/ Seciireg Debts .:.: ,~ .
. \::, .. ,::./ .~. ~~trY·;ak···~ender may seek the apPdomtment of II a receIver to efxehrcIpse the followmg poodwefyrs and~ dulles
';,. ./ .:·to enter, t e.possesslon, manage an operate a or any part 0 t e roperty, make, m I ,enlorce or
\'" .. /' .' caneel-or acc.ept the surrender of any Leases, obtam or eVIct any tenants or itcensees, mcrease or reduce
'::",:, . //.-Rents, .decot:ate, .dean--l!nd make repaIrs or do any other act or mcur any other cost Lender deems proper
,." .... ,/ .' 16 protect #tt::t>roperty ~Ii. fully ~.AS-Slgnor could do Any funds collected from the operatIon of the
.. :. :="Pro~rty !i1ay'be a'ppl~~d m::su~lJ.,:9fder as/Lender may deem proper, mcludmg, but not ItmIted to, payment
: .... ,. ,: of the f611~wmg.-· operatI~g¢xpens~;::/manag~ment, brokerage, attorneys' and accountants' fees, the
.-S~<iUre~:~bts,)ind t6wru:~ t6'e mamt~anc~"of res~es for repair or replacement Lender may take such actio~6vI~out t.eg:pid to jhe ~dequac1~f:the sec~lIti;::Vi,lth or WIthout any actIon or proceedmg, through
any persor(!>r ageilt, or . ..fecewer 19··li .. ippomt~·'i5y.:i colrt, and IrrespectIve of ASSIgnor's posseSSIOn
The collectibQ,.and appilcat10n qi'the~nts or,ili~;~iitri upon and takmg possessIon of the Property as set
out m thIS sectioi'i' shall ~t cure' or w~lve ap.~·fngtlce:'pf default under the Secured Debts, thIS ASSIgnment,
or mvahdate any act .purs~i1t to .:Such )iOtl~ .,The enforcement of ~ch remedy by Lender, once
exercised, shall contmue· .. fOT so lOng a~ ~iIder.:;·shall'-~Iect; .. notwI~ihpg that such collectIon and
applIcation of Rents may hllve cur-ed th~i··oflglnal.~~fatiit ...... ' ./ /
H. Waiver. Except as otherwls~.r.eq~~red:.:by lllw,/by cl)eo~pg ~y o~e .. ~t~ore of these remedIes you do
not gIve up any other remedy 1(ju d9· not,:waive !!/defaiilt It" yo~ chi.rose not to use a remedy By
electmg not to use any remedy, you do"nQt ::walye yo.tir rtght i6;lat.er conslder .. l.M event a default and to
use any ~~Q!.edles If the default contmues or\:;ccut:s ag~~JL'::.. /: .. : ::.... . .... :.,::.. f:'·::
IS. TE~~ ~fS .. :,ASSlgnment Will remam m ful{::f9rce a~~;':e~'~t ~~Il ~~:,:seCilr~::~ebts ;j~e i~d or
otherwlS~'dlscharged':flnd Lender IS no longer obhgatedlo,adV'anc~ funds und~f"lmy,loan o~: cre(:fit agreement
whIch ~~. a P!ltt,. of ~ Secured Debts If any or all paym~ls of th~" Secu~~~. Debti' arl su\)Sequently
mvahcliited, .l'1ecl~edv:pld or VOIdable, or set aSide and are req'iH~¢d t9 be :tepa~~ to ;( trlJ.$tee/·custodlan,
rece1.ver or/any ~iher party under any bankruptcy act or other state or fu.<!ecil . .law, th~ ~he S~cured Debts
wIWbe revived and will contmue In full force and effect as If thIS payment'lul~ nQt..bee~'m3de ::'
l(i~: Co.:~IGl~:Eits.,:I~ ¥Sign0f:.S1gns thIS ASSIgnment but does not SIgn the S~ri;~.d;~~f~, A~lgnor does so
.~il.ly to"a~~H~lf AsSJ8It9t;S mteresf".JIl the Property to secure payment of the Secured:'D~ts arid ASSIgnor does
D01. agree to be per~naIly. .. ll~ble '.1)0 the Secured Debts If thts ASSIgnment secures"'''',iguaranty between
Leritle,r and AS.~I~n~r, A§Slgn9r agrees to waIve any nghts that may prevent Lender from bnngmg any actIon
or claiiil"agamst A~sIgn9r or)lDypafo/''iiideo~~ under the obhgatlon These flgbts may Include, but are not
lmllted to, any anti~derI(;leItcy or:.0n.e~actlon laW$.
17. CONSTRUCrtPN 'LoAJi:'>·hIS.;,:A'~·~:ignm~nt ~cu:res an obligatIOn mcurred for the constructIon of an
tmprovement on the .~~". ::. .J' '::"::"/ .::' /"
18. APPLICABLE LA;~ nk A~~~ent IS .g~vetried ~:~~ laws of Washmgton, except to the extent
otherwIse reqUIred by the laws :b.f the JUrisdlct~n where .:the ~op.~rty IS located, and the Umted States of
Amenca "::::":",,,., .. ,..-,/.' /:': /:.-, ,i"': .==-.: /,,:' :/:., .......... :.
19. JOINT AND INDIVIDUAL LIABll.,IT:Y ANJ.?.$UCC:;:ESBORS; EacJt. ASSIgnor's obhgatIons under
thIS ASSIgnment are mdependent of the obh~tIOns of any :.oth~t A~J"gn9r Unaer-·may sue each ASSIgnor
mdIvidually or together WIth any other ASSIgn6r .... J~~der :may.:rel~ase ~y part of the'::Property and ASSignor
WIll stIll be oblIgated under thts ASSIgnment for the .. re.maIJ,lingPropeiiy /fiie dutIes and benefIts of thIS
ASSIgnment wdl bmd and benefit the successors and assigns .:Of L~der ~nd AssIg~or ::'" ...... ""' ... ,:.
20. AMENDMENT, INTEGRATION AND SEVERABalTY. Tb~s A:~sl~ent\fu~~ nOl.be ~inended or
modified by oral agreement No amendment or modIficatlon of thl~.A$Signnient.Is3~ffectli/.~\Ulles~ ~de.Jl1
wntmg and executed by ASSIgnor and Lender ThIS ASSIgnment IS the:'complete.!·and tmal·.~ipres~io~:· of th~··· .. · ..
agreement If any prOVISIon of thIS ASSIgnment IS unenforceable, then th{.l:lIwnf&cea~le prOv.~~·ib~· wdl";6e" ." ..
severed and the remammg prOVISIons Will still be enforceable .... :: '::: '.:""'::::':.'1' .::' ,:'" .•.. "... ' . .-./\,/ .... " .. ,/
Langley Development Group, Inc
Washlllglon AssIgnment or Leases and Rents
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.,' s¢gufur "the sectlOn headmgs are for convernence only and are not to be used to mterpret or defme the terms
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'.". .//22~· NOTI(;E, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise reqUIred
'\,.,":,.. ../ ~ laW, an~ not,ice ':Y.lll,,~. given by dellvermg It or mailmg It by both first class and either registered or
• , ..... ,..... ..:cert~fied ~fulll •. ;·r~ruin receipt request~dy."t!? the appropnate party's address lIsted m the DATE AND
.,:" PA,RTIES' section, or tQJmy ~er.a4dress d~slgnated m writIng Notice to one party will be deemed to be ·:';·.:~Q.tlce t~ all.:Pa.ittes .:,··As~gnot wJfi~fufoqn..J!.ender m wntmg of any change m ASSignor's name, address or
other IIPph<;.iitl.6nl1?o.form~tlon i' #sslgnot.~~ill P.rov'ii:rc'Lender any fmanc131 statements or mfonnatlon Lender reque~t$,. :::AW fm$clar'stat¢in~s and ~r.~tlon fis~lg1:10r gives Lender will be correct and complete
AssIgno{agr~s toil1gtl, del.i\leriimd fll~{a.ny·addltIoriataociiments or certificatIOns that Lender may consider
necessary to ~fect, continue/and A)r~fVe AS~lgnot\ obhgatlons under thiS ASSignment and to conftrm
Lender's hen staiils.Q.P,afly Pl:6pertf Tmje IS of ~e .. ess~~~e
SIGNATURES. By Sl~~' ~~~lgno/agt:i~~·'~/~e/·~1'II!S.,aP,d covenants i.<::ontamed m thiS AssIgmnent
ASSIgnor also acknowledges' receipt ora copyof,fulS ~ssigrilneni""'\ /'>
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Gaor~ '\OJ }~er!"'1ck and Y.1ttieH. ~!"tr:1ck ~j, ~ v.1' c:(' :::enton in K '=0 'Vi !ll'ld also
o;t' ~u::tt;1n,S 01' ~!i!':ne8ota to Snoq,uQ. .1!l1c:t ~r\lls ('~ .'el.1te i'iTsr
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& eJt undo the 13\1'8 o! the a o1W
i p clo hensby den 8 S Q.I~d eon v to II P 1 ta S \I: and a a pe .rl18 tu.Cll
e.~.;rt!"1t ~ cv t:hl' ::UUlC a cart strip ot lBlld in K Co ~d &ta.'lt, ~. ~~lOe h~ .,t"ol,to-"ttj./ _. -.
. I I'~r~ Wi of liEi; a..--td wt ot SYt; ot ~e c 10 'Ill 23 N it-5 :S.bei~ tor Q. t 4 'I r:' 0 t w 10 t t wide in o-r t...v 'a~ ac t!lt ti dla.,.,da anci '!Irhe re the pre
\ If,·lnt In 1s conatr'and now erected' and ex,··· -,' '1
it.)S wit.!! the rt. to a..~t. thereon and l!Ia!ntai.""l a. pole In ov ~c ~.
iallri thr ad. lan4 . and to rem'" Cl.nd J.ll-O,P ca.re of ~d lr. as M~r be -J') I
inBC rtOL.~~1ma to t11:le. . . .. ~o h-8:1(\ to h unto II P 1 ta8uc and aa~ a perpetua 1 eUfJ!'1nt C&:l
iii reinba t l!laD
2 wita .. -, . .. Ga arp W Jaerrick (seal..) .
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rl!t8 ·at· AUburn in Bei Sta1B Se~ .-
Is ot· ·)(11111 C ot l!owor)s8 .
, 1111:1' 'I ~04 by It H }! '!I't 0 t G " ~1 be:r 'M!l l~lioW3 j~ P
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Dtei Jan 20,05 C ~ $2000
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;;iinl'11l j4 Glucott :!.."\d. William Y fJl~dcott
her hl18Q or t~ c ~!. r:?llcat!o,(;ook -Jt:
Co, S ~f III to .b T~s L~chsi:1r.dr t'!' t:'e c ot
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SEP-2~-D3 lD:28AM FROM-Seattle Mortaa(eS, Center , . '206 244 1438 T-666 P,017/019 F-9B3 I
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D I S:ept 9 1'14-2
~el1t 8 1942 ,.1 aAd benefits
!1GJi:'bert G Emery a sngl ~e,[l i to C01:n~Y' o1"Kln.~. st ,=,t'wn.
fp 01' rel end Q C 'lio.sp 1'or use of the .}Jut. .forever ~~ a i1llc roa'.! and
highway all 1nt the, !'d11 in kcw;
ttEI west )0 tt a1' theI,I!i:. 0:' the N';i~ c; thei·"E~ ot' sea 10 ~wp2j n r 5 ElwtIl lubJ to easem.ent: toC.!.I.!".S •. ~ F • R.R. C1.. otg 0.45 aores
In clr 1 r/w All'srlieSohewe rOAd ~xtD
J top the :right ~o mako ell o.eae8S slopes I'orouts and l'ills upon
t~t. abutting )t~8nd oii eaohside CIt sd Ilea rrw in ooDIorwi tywillh
ut(lndard plells 6,[l.! speoitioations for h1gh1llay purps . I Herbert G EmerY'
:=clIfSept S 1942, by :gBrbertG Emery 8 ang1111s'l ;,etJ !'C1'oolt .D p .for
-i,eastRenton n 8 De. 9 1942 tld by ... road ~
nlSept 9 1942 ./ 3263~?9J
'.Auf' 26 19~2 "l 8nd benerits ' ""'~ 11 Wt' ~~lingtoA G :Peak / --:-to COWltJ' otKing, at ot 1m . ?"
r 07 rel end q 0 --8m as 478 a bov8---, . ~ al:L that portll or the east 60 tt ot lo't 47 of ,he Aba..,ndoned
Ml;Lita%'J' resYn II!. seo 1 twp 21 D l' 20'II'1II1 lying w1thin I!I ."rip or land
6b tt 111 width, 30 ft of suoh 1I1dlb. belnaol1 each side or the tolg tel' oenter liDe; .' .-. '. I ooa at a pt 01' ou~ve oD~h~F Ratah roadrev1~n ~o 1 in 8e02.
il~21 n l' 2ewm sdpt be1Dgengrs ate 51.;).~ 01' theM FHatoh road
1" 'rian No 1 e8 esteb Sep7 )0 1919 (Hesln 4291 tll 81 the tangent
p ,dtloed ao )4 deg ~?I"E. 10.99 ttto thet1"ue pob; 1;11 no 66 deg 37')0"
e .3t 180.84 1't; th on 8 aurve to ::'L~e 1"1ghthsv lng 8 re,.ius ot 2)8.73
B 41st 01' 169.48 tt; tll 80 72 des 42' E2II% 207.8) ft .
,OD. ,80U1'Ye .to the lett, ha:ving a 1"adius ot9SS.37 1"t a41st ot
S:L. 80 -'1"; ·:th· 80' 87 '4e8 ,.8' ~")O" : 8ast '267.44n; ,: 'til. 0 n. II curte to
IS 1'i~t baving 8 l"&dius 01' 5729.65 tt', adi&t ot21).~) tt; t11 80 S deg 4-0'30,," 'B ~ 171.)5 n to end at o·pt·on the east
111e ot the SWt or the sw:l; ot sed 1 twp 21 n'l" 2 811m
. otg 0.10 aores IlL or 1 r/wBatohelol:road
It 1s lILutllol1'.~eed tbet KiD8 CO'lDty sbell not be held liable
tor'thertoonstr-uotion or ruture mS.&.D.tenano,e g:t e%:Ls~J1g tlumee 01" ~gr"E:meDt: -'.',
thor wat~1" sUP.l.;lT oonveJ'enoes '
I togw the right --'ba1 tozm --
I Wall1ngto~GFeQk
kcw Aug 26 19~2, by W~ll1ngtoDG PaGk bet N C Anderson .D p torwn
res at s os Oct 26l94~ t1d by 00 road engr , . . It I -~-
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D Sept 9 1942
Se,pt ~ 1942 $10 '6.05 irs x -is.50 at :x ~u~e8 I Nedreau and Gwrald1ne ~ Nadreau hwt.
'I toRGreentle1cl
t'll 07 endwar to =:p tdldin ::'09; ,
)26)4.80
~ ;. I
1"t 20 blk if, tit Be~erP8rlc add to the 0.', kn as 2807318t 80
~' J'uleaV Nedresu.
. Geraldine :u Nedreeu
e·w Sept 8 1942, ... y .T\ll.esV Ned.reau.and Gersld.-ina ~Na.:lreau. aNt", oat' ~ D L~ah7 n p tar ~ res 8t__ Ds~un 619~3
1'J.d '01 H L Onst;od, :_1000 A1es~G bldg
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SEP-Z,!I-03 , , , 10 :Z9AM FROM-Seattle Mortl' e S. :enter, . . . _.~~~. Z44 1438 T-666 P.018/019
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TRIS ACRBIII!IIT, _d. at SeatUe.1JaIlb1qtoD GIl U. lStb· day or
AUgust.. 19l1O, by ~ bet .... a IV!Il II. GD.BDl'f aDd CURB I. 1D.II!B'f. '
HUSBAND AJIt) WIPE, HmEIIIAPT!R CAIJ,BD 'lIB P'lRSt PART:ar:s, II!ld 1VDl N. GIUtmT
and CLARE II. GTt8ER'f, hb .u. REUlI'AnIR CALUD TR!S!COJD PARTY, aDd
WBm.&AS, nret ~g't1 •• l'OpZ'dent IUlIi warrazst. tbat. tt\-y are the
owners (, •.•• ', ••• ".,.. or· tbat certaia parcel or land de3cribnd aa
follow I
'!'be 'F.llt. 300 reet or the, lIarth 2D aCre. ot Di ill ia See. 10,
T01lD.tIlp 23 ]I Iaap S B. 1f. L lD !1Dg Count7'. 'lJallbtagtOlm
Sllbject to a.Q eUfIMJlt tor e1eotrl0 tnmDiIalC1l,l1De all
granted by 1JI8tndieat ucc:ll'C!8I! October 17, 1918 UDder 4IJd1tor'B
rUe Ro.12S3714. Hid ..... at attect. that: portion or !lll1d
prell!e •• lyiAc 'II"1'..h1n the Rartb 10 act'ea.
aM WBmEAS, the aecODd par-t)" ball TtICGl"ded a plat mo.. 'lie HOlEY r:REEI
ESTATES wberei.n the utural dna1Dq. n.". "_'Oil add plat. :lJI at.. t.bsea aC!"01I1I
the property of tII,e F:lret Pllrtie., DOW, thet"ei"ore '
IT rSIfDTlJALLY ACREP.D AS I'OIJD'SI tbat the edd Flret Pilrt.1ell
hereby coft.!lent to the nat.Qral. now o~ surface ,...t.er f'roca said p!:at to b'!
carried in 1 U Mt1Jnl chamlel aero •• the ProP"r"t7.of, the rJr"t, Parties ,
fmd ho~C! IVF.R ~. Gn.BmTaud CURE II. GIJ.BD'f ,blamelees tor IID1' dam'llite
ths t. I1IIlY b~ caused by-"dd drahaga flow.
IN ~TRZSS 1HEBECP' the partie. hereto ba_ hereunt.o IIP-t. their
hand and $eal.!! at t.h~ "S7 and )"Bill" tirllt above wr'1tten.
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Partie. ot 'the rirst P~t
CLl.'! M. GILBERT
Pltr~ie~ c! the Secon~ Part
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I I'·' 9,,..n,)' "f King ____ -,
I en thi. _.-t.:! 7 H d.,. .. f __ .J!.)li" at ----A D. 19. 6,0 ~ belorelll". th .. under.i ... ..d. _ NIOta.,.
f1uf II .. U\ and fo, IheStau! of _~agtgn ._-dul" com.ru.ioncd and ~o'n penon'a!l" appcared
1. .I'!..er M. CillReJ::t..i.ASl..CliLa:. M Gilbe.rL. hiB wile... ___ ..... __ • ,_ u. __ _
I;' r, .. k,,"';"" 10 ~e Ihe i"dividWlI &I dncriJ,ed in and ",ho "secu,ed th .. for"lloia8 ·'II<1t."""",, ..... "rt ackno .. l .. dlt .. d I., ,"" ,!". t.hcV-N&1Ied and sCIII.,Ilh,,: ... id in"Nmen'" •. J~u _fr ...... r.d volu~ID'" "~I a"eI d«d Inr 'h~ a .... "n,l'parpn ....
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WASHINGTON. DO
sewer,
, Honeycreek Intercept0r.I:
,of Renton which area ie;~f.,
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of,
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su,bCllIil,tr ict wi thin the'
~~!S~~~'f~;~I~~:~ ssment District Interceptor"
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'oRDINANCE NO.
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ORDINANCE NO, I.)~j
AREA CHARGES
/' PH!:i:!l of land sftuated In Sections 2. 3, 4, 9, 10 and 11 of Towr.shlp 23 ~;,_,'th
and 5ections 33 and 34 ::If TilWfIshf!> 24 Ncrth, all in Rang!! S East. , •. M •• rr.c·ro:
particularly described as follows:
BEGiNNING at a point on the North ITII:rgln of N.E. 27th St., also icno ... n as S.~.
97th St. 1n said Section 4. distant 386.4 feet ea~tof the ~est line ::If S3j~
Sectio" 4; th"nce North parallel b said west hne alit! fts exteuion intr· s,nd
SectlO" 33 to the Thread of May Creek; thence Easterly along the Thread of Ma~
Creek tllrough said Sections 33. 34 and 3 to the west IIIIrgin of 14Btl: "'ie. 5,;"E.;
ther.ce South alo~g said West mlr£ .1 to the North line of State Sign Route JUC.
also known as S.E. Renten Issaquah Road; thence Easterly along said road to the
i"ltersecUon of the' East Hneof the Vest quarter of s~id Section 2; thenef
South a~ong said East line through Section 2 and said Section 11 to the So.uth
linp. of the North half of sai~ Sectionll. thence west alQng said Sou~ l1ne
through .Section lito the center of said ~ection 10 .. then.:e continuir.s West
alortg said South l1ne of the North half, to the Eastllllrgin of 138th Ave. S.L,
also Known as Duvall Ave. H.E.;thence Northerly along said East Nrgin to the ~orth 11'1e of the South quarter of the"North half of said Section 10; th;:nce
West along said Harth line to the East' .. rgin of 132nd Ave_ S.E •• also known as
/Jnion Ave. N.E. j thence North along said East margin to the center 1 ine of S. E.
116th St •• also known as H.E. 10th St. and the Easterly extension of the Sou~h
line of the Plat of Bren~I"ooct. Otvision 2. as recorded in Volume 72. pagt: 46.
records of King County. Wa.; thence West along said.SOuth line to the South~.st
comer of Lot 16. Block 6 of said plat •. thence Northi!rly along the East! ines of
lots 16 through 11 Inclusive to the SOuth margfn of N.E. 11th St.; thence
/lorthwesterly to the SOutheast, corner of-lot 10 in Block 3 of saio p!at; thence
Northerly along the East 1 ines of lot lO-Ulrough 1 Jnclusive! anc! its e ·t~ns ion
to the North Margin'of N.E. 12th St •• thence West along saiO North mal'gin to en;:
Southeast comer of' the Plat of Pomarc-'as recorded'in Volume 59. page 69.
recoros of said count,y. thencelorth a,o.as the Eas~jUile l.hereof to the North-
east corner of said,plat; th~, West "l~g the No~:lfne tht~t!of 157.71 feet
to the SoUtheast corner of Queen Ave. ~ght-o'f-way ;~':. descri:lpin Volume 3~3B
of CeedS:,1)fI page 76~.rec;ords of,· said ~nt1; then~:,conttnue"est along sald
North l1~;~Of said ~l.t 170.0 feet. t~ North "'~"'llel with)the centerline of ~aid Queen:Ave. and:,Us extension to the'. North IIilrgln-of State Sign Route gOO.
alsu ~n'*9i'as N.E. Sunset Bhd'~; thentei~~'!Sterly along saie! North lllargi"l to the
loIest line.of the Ea~t 484.f2 feet of the Southwest 1/4 of the Southeast 1/4 of
said section 4. thence North along sald":liest Hne to'the South I1ne of the Plat
of Honey Creek Park' as recorded in VolLa! 59 of Plats on Pdge 57. records of
~aid county; thence East along the South' line thereo~ to the Southeast c~rner of
Lot 9. in Block 2 of said plat; thence North and West along t~e East and North
lines of,:lot 9 to the right-of-way 1i~:C!f N.E. 17th Pl.; thence Northeas~ dr,d
Northwes.t;.along the,~outhelStan~ NorUIf~~t margin of ·said N.E •. 17th Pl. to the Southeasterly corne~'of Lot' nr In Bloc.It'l of said~plat; thence Northeasterly
along the Southeasterly line thereof to:,.tt.e Northeast corner of said Lot 11; thence Northwesterly along the. Northeasterl;,' lines .,f lots 11 through 7 ;,;clu-
she to the North Hne of saldpht. thence West along the North line the~of to
the Northwest corner of said plat; thence South ~long the West lfne thereot t.o
the Southeast corner of the liorthellst 1/4 of th~ Southwest 1/4 of said :)ecticn 4; thence West along the South Hne of said Northeast 1/4 of the Southwest 1/4,
a distance of 320.12 feet. thence North 1307.0 feet. to the North line of said
Scothwest 1/4 distant 322.20 feet West of the Northeast corner thereuf; thence
~est al~ng the South line of the Southeast 1/4 of the Northwest 1/4 to the
Southwest corner thereof; !hence North along the West line of said subdivisitr,
to the Northeast corner of the Plat of Aloha Ranch NO.2 as recorded in Vol~r.l€
SZ, j)ageJ. recOrds of said coilnty; thence West along the North line the-ec·z t::>
the Northeast corner of tha Plat of Aloha Ranch as recorded in Volume 77, page
7, records of sa1d county; thence OIest along the Horth line thereof tv the
Southerly elltens10n of tt,e East lin~ of the ?Iat of Sandee Terrace as recoraed
in Volu~~ 67. pagE 2. records of said county; thence North along said Southerly
extension to the Southeast corner of said plat. thence continue North along the
fast if"e of said plat an~ the Northerly extension of said East line to the
South ~argln of S.E. 97th St •• also known as H.E. 27th St.; thence Northeasterly
to a point on the North margin "f said 'street distant 386.4 feet East of the
west Hneof said Section 4 and POINT OF BEGHINING of this description.
_ ,. i~ .' :.,J 4 1
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APIA C:tARGES
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FII!!IT FOOTAGE ~
~2ifCorth. Range 5 East. II.M ••
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ORDINA.'lCE NO. ~
E IH I • I T -0-
FIDIIT FOOT_ CifARliES
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'.-:0.:. • RLED FOR P.ECORD AT REQUEST OF OFFlCE"OF mE 'Ci1tCIBtit' .-. i .
RENTON MUNICIPAL BLDG.
mG&AVtSO. as 411\ 98055 10205 D
REa> F 11.00
CASHSL *"'* 11. 00 WASHINGTON
ORDINANC8 NO. 4215
All OIlDIIIAHCI OF. TO CITY OF RBII'1'ON, MASHIIIG!'ON AHNBXllfCJ
ClRTAIH TBRRITORr OF THB CIT! OF RBllfON (F'B'n'ERLr
AIINBXATIOR -FILB A-DOS-8B).
33
WBBRBAS, under the provisions of RCH 35A.14.120 as 4IRended, a
petition in writing requesting that certain territory contiguous ·to
the City of Renton, liS described below, be annexed to tho City of
Renton, was presented and filed with the city clerk on Qr about Hay
4, 1988; and
WHBRBAS, prior to t~e filing and circulation of said petition
for annexation to the City of Renton, the petitioning owners
notified the city council of their intention to commence such
proceedings liS provided by law, and as more particularly specified
in RCW 35.13.125, Bnd upon public hearing thereon, it having been
determined and the petitioning owners having agreed to assume the
pre-existing bonded indebtedness of the City of Renton as it
pertains to the territory petitioned to be annexed; and to accept
that portion of the city's eomprehensive plan as it pertains to the
territory including the applicable zoning code relating thereto; and
WHEREAS, the Planning Oi'lision has examined and verified the
signatures on the petition for annexation and determined the
assened valuation of all the properties, the some being in excess
of seventy-five percent (75\> of the area to be annexed, in value,
as provided by law, and the petition also setting forth the legal
description of the property according to government legal
subdivision or plat, and the ?lanning Division of the City of Renton
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ORDINANCE NO. 4215
having considered and r8c0llllll8nded the annexing of said property to
the City of Renton, and
KIBRBAS, the city counr.il fixed October 17, 1'88, at 7:30 p •••
as the tille and place for public hearing in the City Council
Chambers, City Hall, Renton, Washington, upon the petition and
notice thereof having been given as provided by law; and
HBBREAS, pursuant to .said notice ~ public hearing has been held
at the time and place specUied in the notice, and the council
having cons.ldered all matters in connection with the petition and
further determined that all legal requiraments and rrocedures of tha
law applicable to tha petition method for annexation as srccified in
RCW 35.13.130 et seq. bave been complied with; and
HBEREAS, a "Notice of Intention· having been filed with the
King County Boundary Review Board as required by law, and the
Boundary Review Board having waived its jurisdiction as per its
letter dated March 22, 1989,
HOW, 'lBBRBFORB, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SBCnOIt I : The findings, recitals, and determinations are
hereby found to be true and correct in all respects; all
requirements of the law in regard to tbe annexation by petition
method, includi~g the provi&ions. of RCW 35.13.125, 130, 140, 150 and
Chapter !89, Session Laws of 1967/ have been·complied with. It is
further determined that the petition for annexation to the City of
Renton of the property and territory described below is hereby
approved and granted; the following described property bei~g
2
1-.. •........•. _ ..•••.. "
_____ , ___________ . ______________ ~~,l~---
r
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f
ORDINANCE NO. 4215
contiguous to the city lilaits of the City of Renton is hereby
annexed to the City of Renton, and such annexation to be effective
on and after the approval, passage, and publication of ~his
Ordinance; and on and after said date the property shall constitute
a part of the City of Renton and shall be subject to all its laws
and ordinances then and thereafter in force and effect; the property
being described as follows:
See EXhibit MAo attached hereto and made a part hereo~ as if fully set forth be rein
(Said property, apprcximately 5.51 acres, is located south of the existing Renton corporate limits in the vicinity of S.B. 116th Street aDd 142nd Avenue S.B.)
and tbe owners-petitioners of the .!;troperty shall assume the pre-
existin9 bonded indebtednoss of the City of Renton as prescribed in
RCW 35.13.126 as it pertains to the property, and the property to be
subject to the city's comprehensive plan and zoning code.
SIC'rIDR U: Thia Ordinance sball be effective upon its
passage, appro\'al, and thirty days after its publication.
A certified copy of this Ordinance shall be filed with the King
County Council, State of Washington, and as otberwise provided by
law.
SECTION III: Tbe annexed pr.operty, contiguous to Precinct No.
41-7 of the City of Renton, shall be and constitute a part
. of the Precinct No. 41-7 of said city.
3
! .. . _ .. __ ...... _.-... -.-.. -.-------------~...:~---
ORDINANCE NO. 421S
PASSID BY THB CI'1'f COUlfCIL this ~ day of ____ -'Ma~y ...... _
U89.
APPROVED B1' 'l'HI MAYOR thb ..!!!. day of _____ ......:Ma~y~ __
1989.
Sa r, ~r
Appro~8 to form I
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j
ORDINANCE NO. 4215
Exhibit "A"
Tbat portion of section 10, Township 23 Nortb, Ranqe 5
East, W.H., King CDunty, Washington, more particularly
described as followsr
Beginning at the intersection of the Northerly Rigbt-
or-Way Line of S.B. 116th street said light-or-Way being 60
feat in width, 30 feat aach side of canterline, with the
Westerly Right-of-Hay Line of 142nd Ave. S.E., said Right-
of-way behg 60 teet in width, 30 feet aach sieSe of
centerline:
Thance Northerly ~long said WestRr1y Right-or-Way Line,
said line also being the existing Halts of the City or
Renton, as annexed undQ~ Ordinance No. 2945, to en
intersection with the North Line of said section lOr
Thence East aleng saieS North line to an intersection
witb the Northerly extension of the Easterly Right-ot-way
Line of said 142nd Ava. S.E., a distance of 60 feet more or
less:
Thence Southerly along said Northerly extena.lon and
said Easterly Right-of-way Line tD an intersection with the
South Right-of-Way Line of S.S. 1l8th St. produced Easterly,
said Right-of-Way being 60 feet in width, 30 feet each side
of centerliner
Thence North 88'18'03" West along said Easterly
production and said south Right-at-way Line to a point ot
curvature concave to the Southeast, said curve having a
radius of 20 feet and a center that bears South 01'41'S7"
westr
Thence Southerly along said curve an arc length
distance of 31.96 feet to a point of tangency on the East
Right-of-Way Line of 141st Avenue S.B., said Right-of-way
being 60 feet, 30 fset each side of centerline,
'thence North 00' 08' 10" East along said East Right-of-
Way Line and its Northerly production to an intersection
Page 1 of 3
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ORDINANCE NO. 4215
E);hibit "1\" (Continued)
with the North Boundary line of the Plat ot Lesh's Church
Par~ as recorded in Volume 77 of Plats, Page 37, Records of
ltin9 County, washin9ton a distance of 380.19 feet,
'thence North 88'17'04" west along Sllid North bouru!ary
line and its Nesterly production to an intersection with the
west Right-of-Way Line of 140th Avenue S. E., saia Right-ot-
way being 60 teet in width, 30 feet each side of centerline;
Thence Northerly along said west Right-at-Way Line to a
point at curvature, said curve being concave to the
Southwest with a radius of 25 feet. and a center which bears
North 89'51'03" West;
Thence Northwesterly along said c~rve an are length
distance of 38.68 feet to a point of tang_nel on the South
Right-ot-Way Line of S.B. 115th st., said Right-at-Way being
50 feet in width, 3D feet each side at centerline,
Thence North 88'29'36" West along said South Right-of-
Way Line a distance of 97.1:L feett
Thence North 00'49'33" West a distance ot 30.02 feat;
Thonce North 88'29'33" Wast along the South Right-of-
Way Line of said S.E. 116th st., said Right-of-Way now being
30 feet in width, a distance at 271.15 teet;
Thence South 00'49'33" East a distance of 30.02 feet;
Thence North 88'29'36" West along the south Right-of-
Way Line of said S.E. 116th st., said Right-ot-Way now being
50 teet in width, 30 feet each side at centerline, a
distance of 165.49 feet to a point of curvature, said curve
being concave to the Southeast, having a,radius of 25 feet
and a center which huors South 01'30'24" West;
Thence southerly alol,g said curve an arc length
distance of 39.93 feet to a point ot tangency on the East
Right-ot-way Line of 138th Ave. S.E. (DUvall Ave. N.B.),
said Right-of-Way being 84 teet in width, 43 feet each side
of centerline;
page 2 of J
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ORDINANCE NO. 4215
Exhibit "A" ( Continued)
Thence North along said East Right-of-way Line and its
Northerly production to an intersection with the Northerly
RightMof-Way Line of S.B. 116tb St., said line alsa being
the exist~ng limits af the City of Renton as annexed under
Ordinance 110. 2945,
Thence Beat along said Northerly Right-of-Way Line and
said existing City of Renton Limits to an intersection with
tbe Westerly Right-of-Way Line of 142n4 Ave. C.B. and the
Point of Beginning, a distance of 1245.78 feet more or les8.
Page 3 of 3
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After Recording Return to:
C. Thomas Foster
6450 Southcenter Blvd. #106
Seattle, WA. 98188
DECLARATION
OF
COVENANTS, CONDITIONS,
AND RESTRICTIONS
FOR
THE PLAT OF
BROOKEFIELD DIV. II
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DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS
FOR THE PLAT OF BROOKE FIELD DIV. II
THIS DECLARATION is made on this 21 51 day of July, 2004, by C. Thomas Foster,
President Langley Development Group, Inc., a Washington Corporation, as owner of the
property being subjected to this Declaration.
RECITALS
A. Declarant is the owner of that certain real property located in the City of
Renton, County of King, Washington, and more particularly described in Article 2 of this
Declaration.
B. Declarant desires to subject the real property described in Article 2 hereof to
the provisions of this Declaration to create a residential community of single-family housing
(as "single family" is defined below) and related uses as set forth in Section 6.2 hereof.
NOW, THEREFORE, Declarant hereby declares that the real property described in
Article 2 of this Declaration, including the improvements constructed or to be constructed
thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold,
transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the
covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth,
which are for the purpose of protecting the value and desirability of, and which shall run with
the title to, the real property hereby or hereafter made subject hereto, and shall be binding on
all persons having any right, title, or interest in all or any portion of the real property now or
hereafter made subject hereto, their respective heirs, legal representatives, successors,
successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or
any portion thereof.
ARTICLE 1
DEFINITIONS
1.1 Words Defined. The following words, when used in this Declaration or in any
Supplementary Declaration (unless the context shall prohibit), shall have the following
meanmgs:
1.l.1 "Association" shall mean Brookefield Div. II, Homeowners
Association, a Washington nonprofit corporation, its successors and assigns.
1.1.2 "Board of Directors" or "Board" of the Association shall be the
appointed or elected body, as applicable, having its normal meaning under Washington law.
1.1.3 "Bylaws" shall refer to the Bylaws of the Brookefield Div. II
Homeowners Association.
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1.1.4 "Common Areas" shall mean any and all real and personal property and
easements and other interests therein, together with the facilities and improvements located
thereon as designated on the final plat of the Community or as otherwise conveyed to the
Association for the common use and enjoyment of the Owners.
1.1.5 "Community" shall mean and refer to that certain real property and
interest therein described in Article 2, and such additions thereto as may be made by Declarant
by Supplementary Declaration. .
1.1.6 "Community-Wide Standard" shall mean the standard of conduct,
maintenance, or other activity generally prevailing in the Community. Such standard may be
more specifically determined by the Board of Directors of the Association. Such
determination, however, shall generally be made with reference to the standards originally
established by the Declarant.·
1.1.7 "Declarant" shall mean and refer to Langley Development Group, Inc.
-and it's successors-in-title and assigns, provided any such successor-in-title or assign shall
acquire for the purpose of development or sale all or any portion of the remaining
undeveloped or unsold portions of the real property described in Article 2, and provided
further, in the instrument of conveyance to any such successor-in-title or assign, such
successor-in-title or assign is designated as the "Declarant" hereunder by the grantor of such
conveyance, which grantor shall be the "Declarant" hereunder at the time of such conveyance;
provided, further, upon such designation of such successor Declarant, all rights of the former
Declarant in and to such status as "Declarant" hereunder shall cease, it being understood that
as to all of the property described in Article 2, which is now subjected to this Declaration,
there shall be only one "Declarant" hereunder at anyone point in time.
1.1.8 "Development Period" shall mean that period of time beginning on the
date this Declaration is recorded in the records of King County and ending on the earliest to
occur of (i) five (5) years from the date of recording of this Declaration; or (ii) the date
Declarant holds a special meeting of the Association, in accordance with the Bylaws, for the
purpose oftransitioning the management of the Association from the Declarant to the Owners,
or (iii) the date 120 days after Declarant has conveyed 75% of the lots within the plat.
1.1.9 "Governing Documents~' shall mean and refer to this Declaration, the
Articles of Incorporation (if any) and Bylaws of the Association, and rules and regulations (if
any) of the Community adopted by the Board, as any of the foregoing may be amended from
time to time.
1.1.10 "Lot" shall mean any plot of land within the Community, whether or
not improvements are constructed thereon, which constitutes or will constitute, after the
construction of improvements, a residential dwelling site as shown on a plat recorded in the
records of King County.
1.1.11 "Mortgage" means any mortgage, deed of trust, and any and all other
similar instruments used for the purpose of encumbering real property in the Community as
security for the payment or satisfaction of an obligation.
1.1.12 "Mortgagee" shall mean the holder of a Mortgage.
I
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1.1.13 "Occupant" shall mean any Person occupying all or any portion of a
residence or other property located within the Community for any period oftime, regardless of
whether such Person is a tenant or the Owner of such property.
1.1.14 "Owner" shall mean and refer to the record owner, whether one or more
Persons, of the fee simple title to any Lot located within the Community, excluding, however,
any Person holding such interest merely as security for the payment or satisfaction of an
obligation.
1.1.15 "Person" means any natural person, as well as a corporation, joint
venture, partnership (general or limited), association, trust, or other legal entity.
1.1.16 "Single Family" shall mean a single housekeeping unit, without regard
to the construction type or ownership of such unit, that includes not more than four (4) adults
who are legally unrelated.
1.1.17 "Supplementary Declaration" means an amendment or supplement to
this Declaration which subjects additional property to this Declaration or that imposes,
expressly or by reference, additional or modified restrictions and obligations on the land
descriQed therein.
1.1.18 "Total Association Vote" means all of the votes attributable to
members of the Association (including votes of Declarant).
ARTICLE 2
PROPERTY SUBJECT TO THIS DECLARATION
The real property which is, by the recording of this Declaration, subject to the
covenants and restrictions hereafter set forth and which, by virtue of the recording of this
Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or
otherwise encumbered subject to this Declaration is the real property described as:
LOTS 1 THROUGH 16, INCLUSIVE, OF BROOKEFIELD DIV. II, ACCORDING TO
THE PLAT THEREOF RECORDED IN VOLUME OF PLATS AT PAGES
AND _ RECORDS OF KING COUNTY, WASHINGTON RECORDED UNDER
RECORDING NUMBER ________ _
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON
Common Areas: Any stormwater detention and drainage facilities, wetland tracts, and private
streets shown on the recorded plat as being maintained by the Association.
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ARTICLE 3
BROOKEFIELD DIV. II HOMEOWNERS ASSOCIATION
3.1 Description of Association. The Association may, at the election of the
Declarant or the Association, be incorporated as a non-profit corporation organized and
existing under the laws of the State of Washington. The Association shall be charged with the
duties and vested with the powers prescribed by law and set forth in the Governing
Documents; provided, however, that no such Governing Documents, other than the
Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent
with this Declaration.
3.2 Board of Directors. Declarant shall have the right to appoint or remove any
member or members of the Board of Directors or any officer or officers of the Association
until termination of the Development Period. Each Owner, by acceptance of a deed to or
other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors
and officers of the Association during the Development Period. The directors selected by the
Declarant need not be Owners. The number of directors shall be as set forth in the Bylaws.
Following termination of the Development Period, the Board of Directors shall be elected by
the Owners in accordance with the Bylaws.
3.3 Membership. Every Owner of a fee interest in any Lot that is subject to this
Declaration shall be deemed to have a membership in the Association and membership in the
Association shall consist exclusively of such owners. The foregoing is not intended to include
Persons who hold an interest merely as security for the performance of an obligation, and the
giving ofa security interest shall not terminate the Owner's membership. No Owner, whether
one or more Persons, shall have more than one (1) membership per Lot. Membership shall be
appurtenant to and may not be separated from ownership of any Lot. The rights and privileges
of membership, including the right to vote and to hold office, may be exercised by a member
or the member's spouse, but in no event shall more than one (1) vote be cast nor office held
for each Lot owned.
3.4 Voting. Members shall be entitled to one (1) vote for each Lot owned. When
more than one (1) Person holds an ownership interest in any Lot, the vote for such Lot shall be
exercised as those Owners themselves determine and advise the Secretary prior to any
meeting. In the absence of such advice, the Lot's vote shall be suspended in the event more
than one (1) Person seeks to exercise it.
3.5 Architectural Control Committee. No construction, alteration, addition,
refurbishing, or erection of any structure or any nature whatsoever shall be commenced or
placed upon any part of the Community, except that which is installed by the Declarant, or is
approved in accordance with this Section, or as is otherwise expressly permitted herein. Any
such construction, alteration, addition, refurbishing, or erection shall not be made unless and
until plans and specifications showing the nature, kind, shape, size and height, architectural
design and detail, materials, workmanship, colors, location on site, improvement and site
grade elevations, and site landscaping shall have been submitted in writing to and approved by
the Architectural Control Committee (the "ACC") established pursuant to this Section 3.5.
The Board may employ architects, engineers, or other Persons as it deems necessary to enable
the ACC to perform its review. Written design guidelines and procedures ("Design
Guidelines") may be established by the Board for the exercise of this review, which Design
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Guidelines may provide for a review fee. Copies of the Design Guidelines shall be available
to all Owners upon request for a reasonable fee.
3.5.1 The ACC shall consist of not less than one (1) nor more than three (3)
members, who need not be Owners. So long as the Declarant owns any property for
development and/or sale in the Community, the Declarant shall have the right to appoint or
remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of
such right, the Board shall appoint the members of the ACe. The Declarant has named
___________________ as the sole member of the ACC.
3.5.2 Members of the ACC shall not be entitled to compensation for services
performed pursuant to this Section 3.5. The Association shall defend, indemnify, and hold
each members of the ACC harmless for any liability incurred while serving as a member of
the ACe.
3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may
withhold approval for any reason, including aesthetic considerations, and it shall be entitled to
stop· any construction in violation of approved plans or this Declaration.
3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR
ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND BY
APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE
MEMBERS THEREOF, NOR THE ASSOCIATION ASSUMES LIABILITY OR
RESPONSIBILITY THEREFOR, NOR FOR ANY DEFECT IN ANY STRUCTURE
CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER
DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, NOR THE OFFICERS,
DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL BE
LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND SPECIFICATIONS
TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF PROPERTY
AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN JUDGMENT,
NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH
THE APPROVAL OR DISAPPROVAL OR FAILURE TO APPROVE OR DISAPPROVE
ANY SUCH PLANS OR SPECIFICATIONS. EVERY PERSON WHO SUBMITS PLANS
OR SPECIFICATIONS AND EVERY OWNER AGREES THAT SUCH PERSON OR
OWNER WILL NOT BRING ANY ACTION OR SUIT AGAINST DECLARANT, THE
ASSOCIATION, THE ACC, THE BOARD, OR THE OFFICERS, DIRECTORS,
MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM TO RECOVER ANY
DAMAGES AND HEREBY RELEASES, REMISES, QUITCLAIMS, AND COVENANTS
NOT TO SUE FOR ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION ARISING
OUT OF OR IN CONNECTION WITH ANY JUDGMENT, NEGLIGENCE, OR
. NONFEASANCE AND HEREBY WAIVES THE PROVISIONS OF ANY LAW WHICH
PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS,
DEMANDS, AND CAUSES OF ACTION NOT KNOWN AT THE TIME THE RELEASE
IS GIVEN.
3.6 Bylaws, Rules and Regulations. The Board on behalf ofthe Association shall
have the power to adopt, modify, and amend bylaws, rules and regulations governing the
Community, provided that such bylaws, rules and regulations shall not be inconsistent with
this Declaration and shall apply uniformly to all Owners, except as specifically provided
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herein. The Board shall have the power to enforce the rules and regulations on behalf of the
Association and may prescribe penalties or fines for their violation. Any such bylaws, rules
and regulations shall become effective thirty (30) days after promulgation and shall be mailed
to all Owners prior to their effective date. A copy of the bylaws, rules and regulations then in
force shall be retained by the secretary of the Association. The Declarant on behalf of the
Board may adopt the initial bylaws, rules and regulations.
ARTICLE 4
ASSESSMENTS
4.1 Purpose of Assessment. The assessments provided for herein shall be used
for the general purposes of promoting the recreation, health, safety, welfare, common benefit,
and enjoyment of the Owners and occupants of Lots, including the maintenance of real and
personal property, all as may be more specifically authorized from time to time by the Board
of Directors.
4.2 Creation of the Lien and Personal Obligation for Assessments. Each
Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in
such deed, covenants and agrees to pay to the Association: (i) annual assessments or charges;
(ii) special assessments, such assessments to be established and collected as hereinafter
provided; and (iii) specific assessments established pursuant to the terms of this Declaration,
including, but not limited to, reasonable fines imposed in accordance with the terms of this
Declaration.
4.2.1 All such assessments, together with (i) late charges, (ii) interest set by
the Board, not to exceed the maximum rate permitted by law (but not to exceed eighteen
percent (18%) per annum), and (iii) costs, including, without limitation, reasonable attorneys'
fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot
against which each assessment is made.
4.2.2 Each such assessment, together with late charges, interest, costs,
including, without limitation, reasonable attorneys' fees actually incurred, shall also be the
personal obligation of the person who was the Owner of such Lot at the time the assessment
fell due. Each Owner shall be personally liable for the portion of each assessment coming due
while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable
for such portion thereof as may be due and payable at the time of conveyance; provided,
however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to
any first Mortgagee taking title through foreclosure proceedings or deed in lieu of foreclosure.
4.2.3 The Association shall, within five (5) days after receiving a written
request therefor and for a reasonable charge, furnish a certificate signed by an officer of the
Association setting forth whether the assessments on a specified Lot have been paid. Such
certificate shall be binding upon the Association as of the date of issuance.
4.2.4 Annual assessments shall be levied equally on all Lots. Assessments
shall be paid in such manner and on such dates as may be fixed by the Board. Unless
otherwise provided by the Board, the assessment shall be paid in annual installments.
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4.3 Adoption of Budget. It shall be the duty of the Board to prepare and adopt a
budget covering the estimated costs of operating the Association during the coming year and
the assessments to be levied against each-Lot, which may include an amount for capital
reserves in accordance with a capital budget separately prepared. The Board shall cause a
summary of the proposed operating and capital budgets and the proposed assessments against
each Lot for the following year to be mailed to each Owner. The Board shall set a date for a
special meeting of the Owners to consider ratification of the budget within thirty (30) days
after adoption by the Board and not less that fourteen (14) nor more than sixty (60) days after
the mailing of the proposed budgets and assessments. Unless at such meeting the budget is
rejected by at least seventy-five percent (75%) of the Total Association Vote, in person or by
proxy, the budget shall be ratified, whether or not a quorum is present. In the event the
proposed budget is rejected or the required notice is not given, the budget in effect for the then
current year shall continue in effect until the Owners ratify a subsequent budget.
4.4 Revised Budget. If the financial circumstances or needs of the Association
materially change during any year, the Board may prepare and adopt a revised budget and
assessments for the balance of the year. The Board shall cause a summary of the proposed
revised budget and assessments to be mailed to each Owner and shall set a date for a meeting
of the Owners to consider ratification of the revised budget and assessments in the same
manner as the regular annual budget as set forth in Section 4.3 above.
4.5 Special Assessments. In addition to the other assessments authorized herein,
the Association may levy special assessments for expenses such as, but not limited to, capital
improvements from time to time if approved at a meeting by two-thirds (2/3) ofthe Total
Association Vote. Special assessments shall be paid as determined by the Board, and the
Board may permit special assessments to be paid in installments extending beyond the fiscal
year in which the special assessment is imposed.
4.6 Lien for Assessments. All sums assessed against any Lot pursuant to this
Declaration, together with late charges, interest, costs, including, without limitation,
reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien on
such Lot in favor of the Association. Such lien shall be superior to all other liensand
encumbrances on such Lot, except for (a) liens for ad valorem taxes; or (b) liens for all sums
unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the records of
King County and all amounts advanced pursuant to such Mortgage and secured thereby in
accordance with the terms of such instrument. All other Persons acquiring liens or
encumbrances on any Lot after the recording of this Declaration shall be deemed to consent
. that such liens or encumbrances shall be inferior to future liens for assessments, as provided
herein, whether or not prior consent is specifically set forth in the instruments creating such
liens or encumbrances.
4.7· Effect of Nonpayment of Assessments; Remedies of the Association. Any
assessment or installment thereof delinquent for a period of more than ten (10) days shall
incur a late charge in an amount as the Board may from time to time determine. The
Association shall cause a notice of delinquency to be given to any member who has not paid
within ten (10) days following the due date. If the assessment is not paid within thirty (30)
days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set
by the Board from time to time, on the principal amount due, late charges, costs of collection,
-8
including, without limitation, reasonable attorneys' fees actually incurred, and any other
amounts provided or permitted by law.
4.7.1 In the event that the assessment remains unpaid after sixty (60) days,
the Association may, as the Board shall determine, institute suit to collect such amounts
and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other
type of conveyance, vests in the Association or its agents the right and power to bring all
actions against such Owner personally, for the collection of such charges as a debt or to
foreclose the aforesaid lien in the same manner as other liens for the improvement of real
property.
4.7.2 The lien provided for in this Article shall be in favor of the Association
and shall be for the benefit of all other Owners. The Association, acting on behalf of the
Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold,
lease, mortgage, or convey the same.
4.7.3 No Owner may waive or otherwise exempt himself from liability for
the assessments provided for herein, including, by way of illustration, but not limitation,
abandonment of the Lot.
4.7.4 All payments shall be applied first to costs, then to late charges, then to
interest and then to delinquent assessments.
4.8 Suspension for Nonpayment of Assessment. If an Owner shall be in arrears
in the payment of any assessment due, or shall otherwise be in default of the performance of
any terms of the Governing Documents of the Association for a period of thirty (30) days, said
Owner's voting rights shall, without the necessity of any further action by the Association, be
suspended (except as against foreclosing secured parties) and shall remain suspended until all
payments, including interest thereon, are brought current and any other default is remedied.
No Owner is relieved ofliability for assessments by non-use of the Common Areas or by
abandonment of a Lot.
4.9 Date of Commencement of Assessments. The assessments provided for
herein shall commence as to a Lot subject to this Declaration on the first day of the month
following conveyance of such Lot to a Person other than Declarant. The first annual
assessment shall be adjusted according to the number of months then remaining in that fiscal
year.
4.10 Specific Assessments. In addition to the general and special assessments
outlined above, the Board shall have the power to levy such specific assessments pursuant to
this Section 4.10 as, in its discretion, it shall deem appropriate. All other terms and conditions
of this Article 4 relating to general and special assessments shall apply to the levy and
collection of the specific assessments covered hereby and the Association shall have all
powers and remedies for collection and enforcement of such assessments as are applicable to
the general and special assessments set forth above. Fines levied pursuant to Section 11.1 of
this Declaration and the costs of maintenance performed by the Association for which the
Owner is responsible under Sections 5.3 and 5.4 of this Declaration shall be specific
assessments.
9
4.11 Common Areas Exempt. The Common Areas shall be exempt from
assessments by the Association.
ARTICLES
MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION
5.1 Association's Responsibility. The Association shall maintain and keep in
good repair the Common Areas described in Article 2 herein and any Common Areas acquired
by the Association in the future. The Association shall maintain all stormwater detention and
drainage facilities, wetland tract, and private streets as shown on the recorded plat. If the
streetlights are installed and there is no procedure for billing individual lot owners then the
Association shall pay the bills for the streetlights. The Association shall also maintain all other
facilities serving the Community not dedicated to or maintained by a public entity. The
foregoing maintenance shall be performed consistent with the Community-Wide Standard.
5.2 Property Not Owned by Association. The Association shall have the right,
but not the obligation, to maintain other property, whether or not owned by the Association
and whether within or without the Community, where the Board has determined that such
maintenance would benefit all Owners. The Association shall have the right, but not the
obligation, to maintain the property at such Lot Owners expense pursuant to the procedure in
Section 5.4 below. Without limitation of the foregoing, the Association may enter into ajoint
maintenance agreement with adjoining property owners or associations for the repair,
maintenance and replacement of any shared facilities or other property.
5.3 Damage Caused by Owner. In the event that the Association determines that
the need for maintenance, repair, or replacement, which is the responsibility of the
Association hereunder, is caused through the willful or negligent act of an Owner, or the
family, guests, lessees, or invitees of any Owner, the Association may perform such
maintenance, repair or replacement at such Owner's sole cost and expense, and all costs
thereof shall be added to and become a part of the assessment to which such Owner is subject
and shall become a lien against the Lot of such Owner.
5.4 Owner's Responsibility. Except as provided in Sections 5.1, 5.2 and 5.3
above, all maintenance of any Lot and all structures, parking areas, landscaping, and other
improvements thereon together with the landscaping and trees on any parking strip fronting
any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide
maintenance consistent with the Community-Wide Standard and this Declaration. The
perimeter fencing, if any, shall be maintained and repaired, in uniform appearance, by the
abutting lot owners. In the event that the Board of Directors of the Association determines that
any Owner has failed or refused to discharge properly any of such Owner's obligations with
regard to the maintenance, repair, or replacement of items for which such Owner is
responsible hereunder, the Association shall, except in an emergency situation, give the
Owner written notice of the Association's intent to provide such necessary maintenance,
repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with
reasonable particularity the maintenance, repairs, or replacement deemed necessary. The
Owner shall have ten (10) days after receipt of such notice within which to complete such
maintenance, repair, or replacement, or, in the event that such maintenance, repair, or
replacement is not capable of completion within a ten (10) day period, to commence such
10
work which shall be completed within a reasonable time. If any Owner does not comply with
the provisions hereof, the Association may provide any such maintenance, repair, or
replacement at such Owner's sole cost and expense, and all costs shall be added to and
become a part of the assessment to which such Owner is subject and shall become a lien
against the Lot.
5.5 Conveyance of Common Areas by Declarant to Association. The Common
Areas were conveyed to the Association on the recorded plat. The Association accepted the
conveyance and the Common Areas are now to be maintained by the Association. The
Common Areas are subject to an easement of common use and enjoyment in favor of the
Association and every Owner, their heirs, successors and assigns in accordance with the terms
and conditions of the Governing Documents. Such rights to use the Common Areas are
appurtenant to and shall not be separated from ownership of any Lot and shall not be assigned
or conveyed by any Lot Owner in any way except upon the transfer of title to such Lot, and
then only to the transferee of such title and shall be deemed so conveyed whether or not it
shall be so expressed in the deed or other instrument conveying title. Certain rights of use,
in~ess, egress, occupation, and management authority in the Common Areas set forth
elsewhere in this Declaration shall be reserved to Declarant for the duration of the
Development Period. Declarant shall not be required to make any improvements whatsoever
to property to be conveyed and accepted pursuant to this Section.
5.6 If any Common Area is currently owned or is acquired in the future which is
designated as a steep slope, asa wetland, as a buffer, as a native growth protection area or as
any other type of sensitive area, then use of such Common Area shall be limited to activities
approved by the municipality which designated such Common Area as sensitive.
Notwithstanding the provisions in this Article 5, or in Section 10.1 below, or in any other
provision ofthis Declaration, there shall be no right or easement of ingress and egress, use and
enjoyment in or to such Common Area. Access shall be limited to maintenance activities
approved by the municipality.
ARTICLE 6
USE RESTRICTIONS AND RULES
6.1 General/Rules and Regulations. This Article, beginning at Section 6.2, sets
out certain use restrictions which must be complied with by all Owners and Occupants. These
use restrictions may only be amended in the manner provided in Section 11.3 hereof regarding
amendment of this Declaration. In addition, the Board may, from time to time, without
consent of the Owners, promulgate, modify, or delete other use restrictions and rules and
regulations applicable to the Community. Such use restrictions and rules shall be distributed
to all Owners and Occupants prior to the date that they are to become effective and shall
thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or
modified in a regular or special meeting by a majority of the Total Association Vote and the
consent of Declarant during the Development Period.
6.2 Residential Use. Except as provided in this Section, all Lots shall be used for
single-family residential purposes exclusively with the exception that certain home
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occupations may be permitted, subject to the guidelines and rules established by the Board, if
any, and subject to approval by the Board. Such home occupations may be limited to certain
business uses, shall not create any disturbance, noise, or unsightliness, shall not unduly
increase traffic flow or parking congestion,and shall not be in violation of any of the
provisions of the Governing Documents. Use of the Lots shall in all cases be in compliance
. with all applicable laws, ordinances, rules and regulations.
6.3 Building and Landscanine Requirements and Restrictions. Except as
provided in Section 6.4 below, all residences constructed within the Community by any
Person shall be subject to design review and approval by the ACC which may cover the
minimum size, architectural style, height, scope of improvements, quality of design, materials,
workmanship, and siting standards. Without restricting or limiting the authority of the ACC
pursuant to Section 3.5 in approving or disapproving of any specific proposal, the following
restrictions shall apply to the Community in general:
6.3.1 Only one Single Family home shall be permitted on each Lot. Two
story or split level homes shall include no less than 1,300 gross square feet of living space,
exclusive of one-story open porches and garages. One story homes shall include no less than
1,000 gross square feet of living space, exclusive of one-story open porches and garages.
6.3.2 After Declarant has completed construction of all houses in the
Community, any remodeling or exterior addition to any residence or other structure erected or
placed on any Lot shall be completed as to external appearance, including finished painting,
within six (6) months after the date of commencement of construction. All front, side and rear
yard landscaping must be completed within six (6) months from the date of closing of the
purchase of the residence by the Owner from the Declarant. In the event that strict
enforcement of this provision would cause undue hardship due to weather conditions, this
provision may be extended for a reasonable length of time when approved by the ACC.
6.3.3 All homes within the Community shall contain a garage; carports shall
not be permitted. Unless otherwise approved by the ACC, all garages must be attached to, or
incorporated in and made a part of, the residence constructed upon a Lot. In granting waivers
to this requirement, the ACC will consider functional necessity and architectural desirability.
6.3.4 All driveways and parking areas shall be paved with material approved
by the ACC.
6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six (6)
feet high or extending into the front yard of any residence shall be erected, allowed or
maintained upon any Lot, without the prior written consent of the ACC. All fences shall be
constructed of wood material unless approved by the ACC. Any such fence, barrier, row of
trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established by
the ACC, which standards may provide for limited acceptable styles and/or specifications"
6.3.6 Each home constructed on a Lot shall be built of new materials except,
with approval of the ACC, decorative items such as used brick, weathered planking, and
similar items. All visible masonry shall be native stone, brick or stucco. Types and colors of
exterior paint and stain must be submitted to the committee for approval. Any change to the
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exterior color of any improvement located on a Lot, including, without limitation, the
dwelling, must be approved by the ACC.
6.3.7 All roofs on dwellings and garages shall be of composite, tile or cedar
shake and shall have a minimum pitch of four/twelve.
6.4 Existing Residences. None
6.5 Signs. No sign of any kind shall be erected by an Owner or Occupant within
the Community without the prior written consent of the ACC. Notwithstanding the foregoing,
the Board and the Declarant shall have the right to erect reasonable and appropriate signs
including, without limitation, signs related to Declarant's development and marketing of
residences within the Community. In addition, "For Sale" signs and security signs consistent
with the Community-Wide Standard and any signs required by legal proceedings may be
erected upon any Lot.
6.6 Vehicles. The term "vehicles" as used herein shall include, without limitation,
automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, jet skis,
trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-carts, dune
buggies and any other towed or self propelled transportation type vehicle. The term
"passenger vehicles" as used herein shall include passenger automobiles, vans, small trucks,
motorcycles, and similar type vehicles used regularly and primarily as transportation for the
Occupants of the Lot. Vehicles used for commercial and recreational purposes are not
considered passenger vehicles. "Parking areas" shall refer to the number of garage parking
spaces and driveway areas in front of garages. However, driveway areas shall be considered
"parking areas" for passenger vehicles only.
6.6.1 No vehicles other than passenger vehicles in regular use may be parked
on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area
on a Lot, if such screened area is approved by the ACC. Any vehicle regularly parked in an
unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a
nuisance and may be removed from the Community.
6.6.2 No passenger vehicles may be parked on any Lot or portion of the
Community except in "parking areas" as defined in this Section.
6.6.3 Any passenger vehicle which is inoperable or unlicensed and not
capable of use on the public highways and which is parked on any parking area for a period of
more than forty-eight (48) hours shall be treated the same as a non-passenger vehicle and shall
be considered a nuisance and may be removed from the Community.
6.6.4 The Board may adopt and maintain current rules and regulations
concerning the parking and storage of vehicles on any Lot or any portion of the Community.
Said rules are to protect the Community from the potentially adverse impacts of vehicles on
the Community environment and to accommodate the evolving nature and use of such
vehicles. Such rules and regulations may provide for exceptions and/or modifications to the
conditions of this Section as determined in the sole discretion of the Board. The Board shall
rule on any dispute as to the i~terpretation or application of this Section and all rules and
regulations established by the Board with respect to vehicles.
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6.6.5 Off-street parking for at least three (3) passenger vehicles shall be
provided on each Lot. Covered enclosed parking shall be provided for one (1) or more
passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles, unless
approved by the ACe.
6.7 Vehicles on Common Areas. No motorized vehicles shall be permitted on
pathways or unpaved Common Areas except vehicles being used for the limited purpose of
operating and maintaining utilities.
6.8 Leasing. Lots may be leased for residential purposes. All leases shall have a
minimum term of at least three (3) months. All leases shall require, without limitation, that the
tenant acknowledge receipt of a copy of the Declaration, Bylaws, and rules and regulations of
the Association.
6.9 Occupants Bound. All provisions of the Declaration, Bylaws, and of any
rules and regulations, which govern the conduct of Owners and which provide for sanctions
against Owners shall also apply to all Occupants. Fines may be levied against Owners or
Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may
then be levied against the Owner.
6.10 Animals. No animals, livestock or poultry of any kind shall be raised, bred or
kept in the Community; provided, however, that conventional household pets may be kept on
a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any
commercial purposes. Owners shall be responsible for the immediate clean up and removal of
all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet.
Pets shall be confined in the Owner's Lot unless on a leash and accompanied by a responsible
person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board
shall have the authority to determine whether a particular pet is a nuisance or a source of
annoyance, and such determination shall be final and conclusive. Pets shall be attended at all
times and shall be registered, licensed and inoculated from time to time as required by law.
6.11 Mining Prohibited. No portion of the Community shall be used for the
purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons,
minerals, gravel, or earth.
6.12 Nuisance. Each Owner and Occupant shall prevent the development of any
unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used,
in whole or in part, for the storage of any property or thing that will cause such Lot to appear
to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that
will emit foul or obnoxious odors or that will cause any noise or other condition that will or
might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding
property. No illegal, illicit, noxious or offensive activity shall be carried on within the
Community, nor shall anything be done tending to cause embarrassment, discomfort,
annoyance, or nuisance to any Person using any property within the Community. Without
limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or
other sound device, except such devices as may be used exclusively for security purposes,
shall be located, installed or maintained upon the exterior of any Lot unless required by law or
unless specifically approved by the ACC.
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6.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities,
including specifically, without limiting the generality of the foregoing, the assembly of and
disassembly of motor vehicles and other mechanical devices, which might tend to cause
disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or
garages. Garage doors shall be kept closed at all times unless they arerin use. In addition, the.
storage of equipment, machinery, construction supplies or any similar material on a Lot
outside of the home and garage constructed thereon is strictly prohibited except as required
during the remodeling or refurbishing of improvements on such Lot and then for not more
than sixty (60) days. .
6.14 Antennas. No television or radio antenna, tower, satellite dish, or exterior
antenna of any kind shall be placed, allowed, or maintained upon any Lot or any portion of the
Community unless screened from view from the street without the prior written consent of the
ACC. Each Owner and Occupant acknowledges that this provision benefits all Owners and
Occupants and each Owner and Occupant agrees to comply with this provision despite the fact
that the erection of an outdoor antenna or similar device would be the most cost-effective way
to transmit or receive the signals sought to be transmitted or received.
6.15 No Obstruction of Easements. Catch basins and drainage areas are for the
purpose of natural flow of water only. No obstructions or debris shall be placed in these
areas. No Owner or Occupant may obstruct or re-channel the drainage flows after location
and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves
for the benefit of Declarant and the Association and their respective successors and assigns a
perpetual easement across all Common Areas and Lots for the purpose of maintaining or
altering drainage and water flow. No structure, planting, or other material shall be placed or
permitted to remain upon any easement which may damage or interfere with the installation
and maintenance of any utilities, unless approved by the Board prior to installation.
6.16 Sight Distance at Intersections. All property located at street intersections
shall be landscaped so as to permit safe sight across the street comers. No fence, wall, hedge
or shrub planting shall be placed or permitted to remain where it would create a traffic or sight
problem as determined by the ACC in its sole discreti~n.
6.17 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, air-
conditioning compressors, machinery, equipment and other similar items related to the
operation of the residence shall be located or screened so as to be concealed from view from
the street abutting the Lot on which such items are located. All rubbish, trash, and garbage
shall be regularly removed and shall not be allowed to accumulate. Trash, garbage, debris, or
other waste matter of any kind may not be burned within the Community.
6.18 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed
except with the prior written approval of the Architectural Review Committee. Declarant,
however, hereby expressly reserves the right to re-plat any Lot or Lots owned by Declarant.
Any such division, boundary line change, or re-platting shall not be in violation of the
applicable subdivision and zoning regulations.
6.19 Guns. The use of firearms in the Community is prohibited. The term
"firearms" includes without limitation BB guns, pellet guns, and firearnis of all types.
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6.20 Utilities. Except as may be permitted by the ACC, no overhead utility lines,
including lines for cable television, shall be permitted within the Community, except for
temporary lines as required during construction and except as such lines exist upon recording
of the plat of the Community or as required by utilities serving the Community.
6.21 Lighting. No colored lights (except holiday displays and yellow insect type
lights) shall be permitted at any location within the Community. All exterior fixtures that are
attached to the home shall be of compatible design and materials of the home. Any post
mounted exterior fixtures shall be of compatible design and materials as the fixtures attached
to th~ home. No fixtures which illuminate and excessively glare onto any other Lot shall be
permitted, and all exterior lights shall be screened to minimize impacts of light and glare. No
unshielded spotlfloodlight fixtures are permitted.
6.22 Artificial Vegetation, Exterior Sculpture, ,and Similar Items. No artificial
vegetation, exterior SCUlpture, fountains, and similar items shall be permitted in the front yard
of ~ny Lot unless approved by the ACC.
6.23 Mailboxes. All mailboxes located on Lots shall be of a style approved by the
ACC. Mailboxes shall be attached only to stands provided and maintained by the Association
in designated locations.
6.24 Clotheslines. No exterior clotheslines of any type shall be permitted upon any
Lot unless entirely screened from view from other Lots.
6.25 Exterior Security Devices. No exterior security devices, including, without
limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot
or the exterior of the residence stating that such residence is protected by a security system are
permissible.
6.26 Construction and Sale Period. So long as Declarant owns any property in the
Community for development and/or sale, the restrictions set forth in this Article 6 shall not be
applied or interpreted so as to prevent, hinder or interfere with development, construction and
sales activities of Declarant or any builder or developer approved by Declarant.
ARTICLE 7
INSURANCE AND CASUALTY LOSSES
7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of
the Association shall have the authority to and shall obtain or cause to be obtained insurance
as follows:
7.1.1 The Board shall obtain insurance on all insurable buildings and, where
the Board deems there to be a reasonable risk; other substantial structures whether or not such
buildings or structures are located on the Common Areas and which the Association is
obligated to maintain. Insurance on buildings shall provide, at minimum, fire and extended
coverage, including vandalism and malicious mischief, and shall be in an amount sufficient to
cover the full replacement cost of any repair or reconstruction in the event of damage or
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destruction from any such hazard. Insurance on other substantial structures shall cover those
risks deemed advisable by the Board and shall be in such amounts as are deemed advisable by
the Board. The Board may insure other types of improvements, including entry monuments,
landscaping, and the like, as it deems advisable. With respect to such other improvements,
the Board shall determine the risks to be insured and the amounts of insurance to be carried.
7.1.2 The Board shall obtain a public liability policy applicable to the
Common Areas covering the Association and its members for all damage or injury caused by
the negligence of the Association or any of its members or agents, and, if reasonably available,
directors' and officers' liability insurance. The public liability policy shall have a combined
single limit of at least One Million Dollars ($1,000,000.00) unless otherwise determined by
the Board.
7.1.3 The Board is hereby authorized to contract with or otherwise arrange to
obtain the insurance coverage required hereunder through the Declarant and to reimburse
Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to
purchase such insurance coverage for the benefit of the Association and the Owners upon
DeClarant and the Association agreeing upon the terms and conditions applicable to
reimbursement by the Association for costs incurred by Declarant in obtaining such coverage.
Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be
required to comply with the provisions of this Article if the Board has contracted for or
otherwise arranged to obtain the required insurance coverage through the Declarant.
7.1.4 Premiums for all insurance shall be common expenses of the
Association. The policies may contain a reasonable deductible, and the amount thereof shall
not be subtracted from the face amount of the policy in determining whether the insurance at
least equals the full replacement cost.
7.1.5 In the event insurance premiums in connection with the insurance
required by this Article 7 become prohibitively expensive, in the judgment of the Board, the
Board may with approval of seventy-five percent (75%) of the Total Association Vote reduce
the amount of the required insurance, self-insure itself, or discontinue the insurance all
together.
7.2 Policy Requirements. All such insurance coverage obtained by the Board of
Directors shall be written in the name of the Association, as trustee for the respective
benefited parties. Such insurance shall be governed by the provisions hereinafter set forth:
7.2.1 All policies shall be written with a company authorized to do business
in Washington.
7.2.2 Exclusive authority to adjust losses under policies obtained by the
Association shall be vested in the Association's Board of Directors; provided, however, no
Mortgagee having an interest in such losses may be prohibited from participating in the
settlement negotiations, if any, related thereto.
7.2.3 In no event shall the insurance coverage obtained and maintained by the
Association's Board of Directors hereunder be brought into contribution with insurance
purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by
the Association shall be primary.
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7.2.4 All casualty insurance policies shall have an inflation guard
endorsement and an agreed amount endorsement if these are reasonably available and all
insurance policies shall be reviewed annually by one or more qualified persons, at least one of
whom must be in the real estate industry and familiar with construction in the City of Renton.
7.3 Other Insurance. In addition to the other insurance required by this Article 7,
the Board shall obtain worker's compensation insurance, if and to the extent necessary to
satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity
bond or bonds on directors, officers, employees, and other persons handling or responsible for
the Association's funds, if reasonably available. The Association shall obtain additional
insurance coverage, if and to the extent necessary to satisfy the requirements of the Federal
Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S.
Department of Veterans Affairs, or the U.S. Department of Housing and Urban Development.
7.4 Individual Insurance. Byvirtue of taking title to a Lot subject to the terms of
this Declaration, each Owner acknowledges that the Association has no obligation to provide
any insurance for any portion of individual Lots, and each Owner covenants and agrees with
all other Owners and with the Association that each Owner shall at a minimum, carry fire and
extended coverage casualty insurance on the Lot and all structures constructed thereon in an
amount sufficient to cover the full replacement costs of any repair or reconstruction in the
event of damage or destruction from any such hazard.
7.5 Damage and Destruction -Insured by Association.
7.5.1 Immediately after damage or destruction by fire or other casualty to all
or any portion of any improvement covered by insurance written in the name of the
Association, the Board of Directors or its duly authorized agent shall proceed with the filing
and adjustment of all claims arising under such insurance and obtain reliable and detailed
estimates of the cost of repair or reconstruction qfthe damaged or destroyed property. Repair
or reconstruction, as used in this Section, means repairing or restoring the property to
substantially the same condition and location that existed prior to the fire or other casualty,
allowing for any changes or improvements necessitated by changes in applicable building
codes. The Board of Directors shall have the enforcement powers specified in this
Declaration necessary to enforce this provision.
7.5.2 Any damage or destruction to property covered by insurance written in
the name of the Association shall be repaired or reconstructed unless, within sixty (60). days
after the casualty, at least seventy-five percent (75%) of the Total Association Vote otherwise
agree. If for any reason either the amount of the insurance proceeds to be paid as a result of
such damage or destruction, or reliable and detailed estimates of the cost of repair or
reconstruction, or both, are not made available to the Association within such period, then the
period shall be extended until such information shall be made available; provided, however,
such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to
participate in the determination of whether damage or destruction shall be repaired or
reconstructed.
7.5.3 If the damage or destruction for which the insurance proceeds are paid
is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost
thereof, the Board of Directors shall, without the necessity of a vote of the Association's
18
members, levy a special assessment against all Owners in proportion to the number of Lots
owned by such Owners. Additional assessments may be made in like manner at any time
during or following the completion of any repair or reconstruction. If the funds available from
insurance exceed the costs of repair or reconstruction or if the improvements are not repaired
or reconstructed, such excess shall be deposited to the benefit of the Association.
7.5.4 In the event that it should be determined by the Association in the
manner described above that the damage or destruction shall not be repaired or reconstructed
and no alternative improvements are authorized, then and in that event the property shall be
restored to its natural state and maintained as an undeveloped portion of the Community by
the Association in a neat and attractive condition.
7.6· Damage and Destruction -Insured by Owners. The damage or destruction
by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by
the Owner thereof within seventy-five (75) days after such damage or destruction or, where
repairs cannot be completed within seventy-five (75) days, they shall be commenced within
such period and shall be completed within a reasonable time thereafter. Alternatively, the
Owner may elect to demolish all improvements on the Lot and remove all debris therefrom
within seventy-five (75) days after such damage or destruction. In the event of noncompliance
with this provision, the Board of Directors shall have all enforcement powers specified herein.
7.7 Insurance Deductible. The deductible for any casualty insurance policy
carried by the Association shall, in the event of damage or destruction, be allocated among the
Persons who are responsible hereunder, or be a common expense of the Association.
ARTICLE 8
CONDEMNATION
In the event of a taking by eminent domain of any portion of the Common Areas on
which improvements have been constructed, then, unless within sixty (60) days after such
taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise
agree, the Association shall restore or replace such improvements so taken on the remaining
land included in the Common Areas to the extent lands are available therefor. The provisions
of Section 7.5, above, applicable to Common Areas improvements damage, shall govern
replacement or restoration and the actions to be taken in the event that the improvements are
not restored or replaced.
ARTICLE 9
MORTGAGEE PROVISIONS
The following provisions are for the benefit of holders of first Mortgages on Lots in
the Community. The provisions of this Article apply to both this Declaration and to the
Bylaws, notwithstanding any other provisions contained therein.
9.1 Notices of Action. An institutional holder, insurer, or guarantor of a first
Mortgage, who provides a written request to the Association (such request to state the name
and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an
19
"eligible holder"), will be entitled to timely written report as to the current status of said Lot
with respect to the following:
9.1.1 Any condemnation loss or any casualty loss which affects a material
portion of the Community or which affects any Lot on which there is a first Mortgage held,
insured, or guaranteed by such eligible holder;
9.1.2 Any delinquency in the payment of assessments or charges owed by an
Owner of a Lot subject to the Mortgage of such eligible holder.
9.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be
construed as giving any Owner or other party priority over any rights of the first Mortgagee of
any Lot in the case of distribution to such Owner of insurance proceeds or condemnation
awards for losses to or a taking of the Common Areas.
9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to
furnish to the Association the name and address of the holder of any Mortgage encumbering
such Owner's Lot.
9.4 V AlHUD Approval. As long as the Declarant has the right to appoint and
remove the directors of the Association and so long as the project is approved by the
U.S. Department of Housing and Urban Development ("HUD") for insuring or the
U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the
Community the following actions shall require the prior approval of the VA and/or HUD as
applicable: dedication of Common Areas to any public entity; mergers and consolidations;
dissolution of the Association, and material amendment of the Declaration, Bylaws or Articles
of Incorporation.
9.S Applicability of Article 9. Nothing contained in this Article shall be
construed to reduce the percentage vote that must otherwise be obtained under the
Declaration, Bylaws, or Washington law for any of the acts set out in this Article.
9.6 Amendments by Board. Should the Federal National Mortgage Association,
the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their
respective requirements which necessitate the provisions ofthis Article or make any such
requirements less stringent, the Board, without approval of the Owners, may cause an
amendment to this Article to be recorded to reflect such changes.
ARTICLE 10
EASEMENTS
10.1 Easements for Use and Enjoyment.
10.1.1 Every Owner of a Lot shall have a right and easement of ingress and
egress,use and enjoyment in and to the Common Areas which shall be appurtenant to and
shall pass with the title to each Lot, subject to the following provisions:
10.1.1.1 the right of the Association to charge reasonable fees for
the use of any portion of the Common Areas, to limit the number of guests of Lot
20
Owners and tenants who may use the Common Areas, and to provide for the exclusive
use and enjoyment of specific portions thereof at certain designated times by an
Owner, his family, tenants, guests, and invitees;
10.1.1.2 the right of the Association to suspend the voting rights
of an Owner and the right of an Owner to use certain Common Areas for any period
during which any assessment against such Owner's Lot remains unpaid;
10.1.1.3 the right of the Association to borrow money for the
purpose of improving the Common Areas, or any portion thereof, or for construction,
repairing or improving any facilities located or to be located thereon, and to give as
security for the payment of any such loan a Mortgage conveying all or any portion of
the Common Areas; provided, however, the lien and encumbrance of any such
Mortgage given by the Association shall be subject and subordinate to any rights,
interests, options, easements and privileges herein reserved or established for the
benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage,
irrespective of when executed, given by Declarant or any Lot Owner encumbering any
Lot or other property located within the Community; and
10.1.1.4 the right of the Association to dedicate or transfer all or
any portion of the Common Areas subject to such conditions as may be agreed to by
the members of the Association. No such dedication or transfer shall be effective
unless an instrument agreeing to such dedication or transfer has been approved by the
affirmative vote of at least seventy-five percent (75%) of the Total Association Vote;
provided, however, that during the Development Period, Declarant may, on its sole
signature, dedicate or transfer portions of the Common Areas, so long as such transfer
or dedication does not materially and adversely affect the Association or any Lot
Owner.
10.1.2 Any Lot Owner may delegate such Owner's right of use and enjoyment
in and to the Commpn Areas and facilities located thereon to the members of such Owner's
family and to such Owner's tenants and guests and shall be deemed to have made a delegation
of all such rights to the Occupants of such Owner's Lot, if leased.
10.2. Easements for Utilities. There is hereby reserved to the Declarant, the
Association and any utility providers designated by either the Declarant or the Association
blanket easements upon, across, above and under all property within the Community for
access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving
the Community or any portion thereof, including, but not limited to, gas, water, sanitary
sewer, storm sewer, cable television, telephone and electricity. It shall be expressly
permissible for the Declarant, the Association, or the designee of either, as the case may be, to
install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and
maintaining of such wires, conduits, cables and other equipment related to the providing of
any such utility or service. This easement shall be utilized so as to not unreasonably interfere
with improvements constructed upon any Lot and the building envelope for any unimproved
Lot. Should any party furnishing any such utility or service request a specific license or
easement by separate recordable document, the Board shall have the right to grant such
easement.
21
10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual
easement for the benefit of the Association across such portions of the Community,
determined in the sole discretion of the Association, as are necessary to allow for the
maintenance required under Article 5. Such maintenance shall be performed with a minimum
of interference to the quiet enjoyment of Owner's property, reasonable steps shall be taken to
protect such property, and damage shall be repaired by the Person causing the damage at its
sole expense.
10.4 Easement for Entry Features. If Declarant installs an entry feature, there is
hereby reserved to the Declarant and the Association an easement for ingress, egress,
installation, construction, landscaping and maintenance of entry features and similar street-
scapes for the Community, as more fully described on the recorded subdivision plat for the
Community or any other recorded instrument, easement or conveyance. The easement and
right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers
and other vegetation around such entry features and the right to grade the land under and
around such entry features.
10.5 Construction and Sale Period Easement. Notwithstanding any provisions
contained in this Declaration, the Bylaws, Articles of Incorporation, rules and regulations,
design guidelines, and any amendments thereto, so long as Declarant owns any property in the
Community for development and/or sale, Declarant reserves an easement across all
Community property for Declarant and any builder or developer approved by Declarant to
maintain and carry on, upon such portion of the Community as Declarant may reasonably
deem necessary, such facilities and activities as in the sole opinion of Declarant may be
required, convenient, or incidental to Declarant's and such builder's or developer's
development, construction, and sales activities related to property described above, including,
but without limitation: the right of access, ingress and egress for vehicular and pedestrian
traffic and construction activities over, under, on or in the Community, including, without
limitation, any Lot; the right to tie into any portion of the Community with driveways, parking
areas and walkways; the right to tie into and/or otherwise connect and use (without a tap-on or
any other fee for so doing), replace, relocate, maintain and repair any device which provides
utility or similar services including, without limitation, electrical, telephone, natural gas,
water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over
the Community; the right to carry on sales and promotional activities in the Community; and
the right to construct and operate business offices, signs, construction trailers, model
residences, and sales offices. Declarant and any such builder or developer may use residences,
offices, or other buildings owned or leased by Declarant or such builder or developer as model
residences and sales offices. Rights exercised pursuant to such reserved easement shall be
exercised with a minimum of interference to the quiet enjoyment of affected property,
reasonable steps shall be taken to protect such property, and damage shall be repaired by the
Person causing the damage at its sole expense. During the Development Period, this Section
shall not be amended without the Declarant's express written consent.
ARTICLE 11
GENERAL PROVISIONS
11.1 Enforcement. Each Owner and Occupant shall comply strictly with the
Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully
22
amended or modified from time to time, and with the covenants, conditions, and restrictions
set forth in this Declaration and in the deed to such Owner's Lot, if any. After notice and an
opportunity to be heard by the Board of Directors or by a representative designated by the
Board, and in accordance with rules and regulations adopted by the Board, the Board may levy
reasonable fines for violations of the above (in addition to any late charges that may be
assessed in connection with the late payment of assessments or other Association charges) in
accordance with a previously established schedule adopted by the Board and furnished to the
Owners, which fines shall be collected as provided herein for the collection of assessments.
Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be
grounds for an action to recover sums due for damages or injunctive relief, or both,
maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by
an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing
shall in no event be deemed a waiver of the right to do so thereafter. The City of Renton shall
have any and all authority to enforce this Declaration with respect to the maintenance required
in Section 5.1, including but not limited to the maintenance of the stormwater detention and
drainage facilities, wetland tract, and private streets as shown on the plat.
,11.2 Duration. This Declaration shall run with and bind the Community, and shall
inure to the benefit of and shall be enforceable by the Association or any Owner, their
respective legal representatives, heirs, successors, and assigns, perpetually to the extent
provided by law; provided, however, so long as and to the extent that Washington law limits
the period during which covenants restri~ting land to certain uses may run, any provisions of
this Declaration affected thereby shall run with and bind the land so long as permitted by such
law, after which time, any such provision shall be (a) automatically extended (to the extent
allowed by applicable law) for successive periods often (10) years, unless a written
instrument reflecting disapproval signed by the then Owners of at least seventy-five percent
(75%) of the Lots and the Declarant (so long as the Declarant owns any property for
development and/or sale in the Community) has been recorded within the year immediately
preceding the beginning of a ten (10) year renewal period agreeing to change such provisions,
in whole or in part, or to terminate the same, in which case this Declaration shall be modified
or terminated to the extent specified therein; or (b) extended as otherwise provided by law.
Every purchaser or grantee of any interest (including, without limitation, a security interest) in
any real property subject to this Declaration, by acceptance of a deed or other conveyance
therefor, thereby agrees that such provisions of this Declaration may be extended and renewed
as provided in this Section.
11.3 Amendments.
11.3.1 This Declaration may be amended unilaterally at any time and from
time to time by Declarant (i) if such amendment is necessary to bring any provision hereof
into compliance with any applicable governmental statute, rule, or regulation or judicial
determination which shall be in conflict therewith; (ii) if such amendment is necessary to
enable any title insurance company to issue title insurance coverage with respect to the Lots
subject to this Declaration; (iii) if such amendment is required by an institutional or
governmental lender or purchaser of mortgage loans, including, for example, the Federal
National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such
lender or purchaser to make or purchase Mortgage loans on the Lots subject to this
Declaration; or (iv) if such amendment is necessary to enable any governmental agency or
private insurance company to insure or guarantee Mortgage loans on the Lots subject to this
23
Declaration; provided, however, any such amendment shall not adversely affect the title to any
Owner's Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as
Declarant owns any property for development and/or sale in the Community, Declarant may
unilaterally amend this Declaration for any other purpose; provided, however, any such
. amendment shall not materially adversely affect the substantive rights of any Lot Owners
hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot
Owner. Notwithstanding the above, this Declaration shall not be amended with respect to the
maintenance requirements for the stormwater detention and drainage facilities, wetland tract,
or private roads as shown on the plat without prior written approval from the City of Renton.
11.3.2 This Declaration may also be amended upon the affirmative vote or
written consent, or any combination thereof, of the Owners of at least seventy-five percent
(75%) of the Total Association Vote and the consent of Declarant (so long as the Declarant
owns any property for development and/or sale in the Community). Amendments to this
Declaration shall become effective upon recordation, unless a later effective date is specified
therein.
11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any
other Person shall bring any action for partition or division of the whole or any part thereof
without the written consent of all Owners of all portions of the property located within the
Community and without the written consent of all holders of all Mortgages encumbering any
portion of the property, including, but not necessarily limited to, the Lots located within the
Community.
11.5 Gender and Grammar. The singular, wherever used herein, shall be
construed to mean the plural, when applicable, and the use of the masculine pronoun shall
include the neuter and feminine.
11.6 Severability. Whenever possible, each provision of this Declaration shall be
interpreted in such manner as to be effective and valid, but if the application of any provision
of this Declaration to any person or to any property shall be prohibited or held invalid, such
prohibition or invalidity shall not affect any other provision or the application of any provision
which can be given effect without the invalid provision or application, and, to this end, the
provisions of this Declaration are declared to be severable.
11.7 Captions. The captions of each Article and Section hereof, as to the contents
of each Article and Section, are inserted only for convenience and are in no way to be
construed as defining, limiting, extending, or otherwise modifying or adding to the particular
Article or Section to which they refer.
11.8 Perpetuities. If any of the covenants, conditions, restrictions, or other
provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule
against perpetuities, then such provisions shall continue only until twenty-one (21) years after
the death of the last survivor of the now-living descendants of the .individuals signing this
Declaration. .
11.9 Indemnification. To the fullest extent allowed by applicable Washington law,
the Association shall indemnify every officer and director against any and all expenses,
including, without limitation, attorneys' fees, imposed upon or reasonably incurred by any
24
officer or director in connection with any action, suit, or other proceeding (including
settlement of any suit or proceeding, if approved by the then Board of Directors) to which
such officer or director may be a party by reason of being or having been an officer or director.
The officers and directors shall not be liable for any mistake of judgment, negligent or
otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or
bad faith. The officers and directors shall have no personal liability with respect to any
contract or other commitment made by them, in good faith, on behalf of the Association
(except to the extent that such officers or directors may also be members of the Association),
and the Association shall indemnify and forever hold each such officer and director free and
harmless against any and all liability to others on account of any such contract or commitment.
Any right to indemnification provided for herein shall not be exclusive of any other rights to
which any officer or director, or former officer or director, may be entitled. The Association
may, at the discretion of the Board, maintain adequate general liability and officers' and
directors' liability insurance to fund this obligation, if such coverage is reasonably available.
11.10 Books and Records. This Declaration, the Articles of Incorporation, the
Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership
register, books of account, and minutes of meetings of the members of the Board and of
committees shall be made available pursuant to reasonable procedures established by the
Board for inspection and copying by any member of the Association or by the duly appointed
representative of any member and by holders, insurers, or guarantors of any first Mortgage at
any reasonable time and for a purpose reasonably related to such Person's interest as a
member or holder, insurer, or guarantor of a first Mortgage at the office of the Association or
at such other reasonable place as the Board shall prescribe.
11.11 Financial Review. At least annually, the Board of Directors shall prepare, or
cause to be prepared, a financial statement of the Association. Upon written request of any
institutional holder of a first Mortgage and upon payment of all necessary costs, such holder
shall be entitled to receive a copy of such financial statement within ninety (90) days of the
date of the request.
11.12 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases
such Owner's Lot, the Owner shall give to the Association, in writing, prior to the effective
date of such sale or lease, the name of the purchaser or lessee of the Lot and such other
information as the Board may reasonably require. Upon acquisition of a Lot each new Owner
shall give the Association, in writing, the name and mailing address of the Owner and such
other information as the Board may reasonably require.
11.13 Agreements. SUbject to the prior approval of Declarant (so long as Declarant
owns any property for development and/or sale in the Community or has the right to
unilaterally annex additional property to the Community) all agreements and determinations,
including settlement agreements regarding litigation involving the Association, lawfully
authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal
representatives, successors, assigns, and others having an interest in the Community or the
privilege of possession and enjoyment of any part of the Community.
11.14 Implied Rights. The Association may exercise any right or privilege given to
it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction
or rule or regulation, and every other right or privilege reasonably to be implied from the
25
existence of any right or privilege given to it therein or reasonably necessary to effectuate any
such right or privilege.
11.15 Variances. Notwithstanding anything to the contrary contained herein, the
Board of Directors or its designee shall be authorized to grant individual variances from any
of the provisions of this Declaration, the Bylaws and any Design Guideline rule, regulation or
use restriction established pursuant thereto if it determines that waiver of application or
enforcement of the provision in a particular case would not be inconsistent with the overall
scheme of development for the Community.
11.16 Litigation. No judicial or administrative proceeding shall be commenced or
prosecuted by the Association unless approved by at least seventy-five percent (75%) of the
Total Association Vote. This Section shall not apply, however, to (i) actions brought by the
Association to enforce the provisions of this Declaration (including, without limitation, the
foreclosure ofliens), (ii) the imposition and collection of assessments as provided in Article 4
hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims
brought by the Association in proceedings instituted against it. This Section shall not be
amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof,
or is approved by the percentage votes, and pursuant to the same procedures, necessary to
institute proceedings as provided above.
EXECUTED the day and year first above written.
Owner:
C. Thomas Foster, President
Langley Development Group, Inc. (Declarant)
State of Washington )
)ss.
County of King )
I certify that I know or have satisfactory evidence that C. Thomas Foster as President of Langley
Development Group, Inc. a Washirigton Corporation is the person who appeared before me, and
said person acknowledged that he signed this instrument and acknowledged it to be his free and
voluntary act for the uses and purposes mentioned in the instrument.
(Seal Or Stamp) Dated: ________ ~_
Notary Public in and for the State of Washington
Residing at: ________ _
Printed Name: ---------
My Appointment Expires _____ _
26
Printed: 07-29-2004
Payment Made:
',-,ITY OF RENTON
1055 S. Grady Way
Renton, WA 98055
Land Use Actions
RECEIPT
Permit#: LUA04-091
07/29/2004 09:31 AM
, ')
Receipt Number: R0404107
Total Payment: 1,000.00 Payee: THOMAS FOSTER AND GERALD
STUMP
Current Payment Made to the Following Items:
Trans Account Code Description Amount
5012 000.345.81.00.0009 Final Plat 1,000.00
Payments made for this receipt
Trans Method Description Amount
Payment Check #1473 1,000.00
Account Balances
Trans Account Code Description Balance Due
3021 303.000.00.345.85
5006 000.345.81.00.0002
5007 000.345.81.00.0003
5008 000.345.81.00.0004
5009 000.345.81.00.0006
5010 000.345.81.00.0007
5011 000.345.81.00.0008
5012 000.345.81.00.0009
5013 000.345.81.00.0010
5014 000.345.81.00.0011
5015 000.345.81.00.0012
5016 000.345.81.00.0013
5017 000.345.81.00.0014
5018 000.345.81.00.0015
5019 000.345.81.00.0016
5020 000.345.81.00.0017
5021 000.345.81.00.0018
5022 000.345.81.00.0019
5023 0
5024 000.345.81.00.0024
5036 000.345.81.00.0005
5909 000.341.60.00.0024
5941 000.341.50.00.0000
5954 604.237.00.00.0000
5955 000.05.519.90.42.1
5998 000.231.70.00.0000
Park Mitigation Fee
Annexation Fees
Appeals/Waivers
Binding Site/Short Plat
Conditional Use Fees
Environmental Review
Prelim/Tentative Plat
Final Plat
PUD
Grading & Filling Fees
Lot Line Adjustment
Mobile Home Parks
Rezone
Routine Vegetation Mgmt
Shoreline Subst Dev
Site Plan Approval
Temp Use or Fence Review
Variance Fees
Conditional Approval Fee
Comprehensive Plan Amend
Booklets/EIS/Copies
Maps (Taxable)
Special Deposits
Postage
Tax
.00
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cORE ~DESIGN
ENGINEERING· PLANNING· SURVEYING
TRANSIVIITTAL
Core DesIgn. Inc.
14711 N.E. 29th Place Suite #101
Bellevue, Washington 98007
425.885.7877 Fox. 425.885.7963
Langley Development Group 7/23/04 03100 TO ............................................................... .-................................................................... DATE ...................................................... JOB NO .. , ............................................ .
6450 Southceriter Blvd, Suite 106 Tom Foster . ........................................................................................................ , .................................. ATIN: ......................................................................................................................... .
Seattle, WA 98188 Plat of Brookefield ........................................................................................................................................... REF: .............................................................................................................................. .
X 2-hour
MAIL ............................................................................. DELIVER ......................................................................... PICKUP ............................................................................ .
X
TRANSMITIED FOR: YOUR USE ............................................ PER REQUEST ............................................ INFORMATION ONLy .......................................... .
X ACTION REQUIRED: PROCESSING .................................... REPLy ....................................... RETURN ....................................... NONE .................................... .
QUANTITY DATED
1
DESCRIPTION
Final Plat submittal pakcage
COMMENTS .................................................................................................................................... : ....................................................................................................................... .
I ................ __ . __ ..................................... __ ....... __ . __ ............................................................................... __ ........................................... __ . __ ............................... -..................... -....... -............... .
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BROOI<EFIELD II
RENTON, WA51-11NG T ON
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CONFORMED COPY
20041105000381 CITY OF RENTON PLAT 85 00 PAGE00! OF 004 . 11/05/2004 11:02 KING COUNTY, UA
SHEET :1. OF 4
BROOKEFIELD II LUA-04-081-FP
LND-l0-04-03
A PORTION OF THE NW 1/4 AND THE NE 1/4 OF THE NE 1/4, SEC. 10, TWP. 23 N., RGE. 5 E., W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
LEGAL DBSCRIPTION
PARCEL A:
THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTH~ST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 10, TO"MIISHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THE NORTH 165 FEET THEREOF;
AND EXCEPT THE WEST 30 FEET AS CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER
AUDITOR'S FILE NO. 3263478. IN KING COUNTY, WASHINGTON.
PARCEL B:
THAT PORTION OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
PORllON OF THE SOUTH 10 ACRES OF THE NORTH 20 ACRES OF THE EAST HALF OF THE NORTHEAST QUARTER
LYING WEST OF HONEY CREEK ESTA TIES.
DEDICATION / CER'l'D'lCATION
KNOW ALL PEOPLE BY THESE PRESENTS THAT WE. THE UNDERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY
PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND
AVENUES SHO"WN HEREON AND THE USE THEREOF FOR ALL PUBLIC HIGHWAY PURPOSES; ALSO THE RIGHT TO MAKE
ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND BLOCKS SHOWN ON THIS PLAT IN THE
ORIGINAL REASONABLE GRADING OF THE SllREETS AND AVENUES SHOWN HEREON. AND FURTHER DEDICATE TO THE
USE OF THE PUBLIC. ALL THE EASEMENTS SHOWN ON THIS PLAT FOR ALL PUBLIC PURPOSES AS INDICA TED
THEREON. INCLUDING BUT NOT LlMITIED TO UTILITIES AND DRAINAGE.
TRACT A IS HEREBY GRANllED AND CONVEYED TO THE BROOKEFIELID II HOMEOWNERS ASSOCIAllON (HOA) UPON
RECORDING OF THIS PLAT FOR ACCESS AND UllLlTY PURPOSES. OWNERSHIP AND MAINllENANCE (INCLUDING ALL
PRIVATE UTILITY AND STORM DRAINAGE FACILITIES) OF SAID llRACT SHALL BE THE RESPONSIBILITY OF THE HOA.
TRACT B IS HEREBY GRANllED AND CONVEYED TO THE BROOKEFIELD II HOMEOWNERS ASSOCIATION (HOA) UPON
RECORDING OF THIS PLAT FOR STORM DEllENTION PURPOSES. OWNERSHIP AND MAINllENANCE (INCLUDING ALL
PRIVATE STORM DRAIN AND DETENllON FACILIllES) OF SAID llRACT SHALL BE THE' RESPONSIBILITY OF THE HOA.
AN ACCESS EASEMENT OVER TRACT A AND TRACT B IS HEREBY DEDICATED TO THE CITY OF RENTON FOR THE
PURPOSE OF OBSERVING AND INSPECTING THF PRIVA llE DRAINAGE FACILITIES 'MTHIN SAID llRACTS TO ASSURE THAT
THE OWNER(S), THEIR SUCCESSORS AND ASSIGNS. ARE PROPERLY OPERAllNG AND MAINTAINING SAID FACILITIES
PURSUANT TO AN ENGINEERING PLAN APPROVED BY THE CITY OF RENTON FOR THE PROJECT OF BROOKEFIELD IL
THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENllER SAID TRACTS TO REPAIR ANY DEFICIENCIES OF THE
DRAINAGE FACILITY IN THE EVENT THE OWNER(S) IS/ARE NEGLIGENT IN THE MAINTENANCE OF THE DRAINAGE
FACILITIES. THESE REPAIRS SHALL BE AT THE OWNER'S COST.
TRACT C IS HEREBY GRANllED AND CONVEYED TO THE BROOKEFIELID II HOMEOWNERS ASSOCIA nON (HOA) UPON
RECORDING OF THIS PLAT FOR OPEN SPACE AND WETILANDS. OWNERSHIP AND MAINTENANCE OF SAID llRACT
SHALL BE THE RESPONSIBILITY OF THE HOA.
!N THE EVENT THAT THE HOA IS DISSOlVED OR OTHERWISE FAILS TO MEET ITS PROPERTY TAX OBLIGA nONS AS
EVIDENCED BY NON-PAYMENT OF PROPERTY TAXES FOR A PERIOD OF EIGHllEEN (18) MONTHS, THEN EACH LOT IN
THIS PLAT SHALL ASSUME AND HAVE AN EQUAL AND UNDIVIDED OWNERSHIP INTEREST iN THE TRACTS PREVIOUSLY
OWNED BY THE HOA AND HAVE THE ATTENDANT FINANCIAL AND MAINllENANCE RESPONSIBILITIES.
KNOW ALL PEOPLE 8Y THESE PRESENTS. THAT 'ME THE HERE!N BELOW SIGNED OWNERS IN FFE SIMPlE OF THF l.AN!)
HEREBY SUBDIVIDED. HEREBY CERTIFY THAT WE HAVE ESTABLISHED THE BROOKt:FIELD II HO'~EOWNt:RS ASSOCIATION
IN ACCORDANCE 'MTH WASHINGTON STATIE LAW WHICH IDENnFIES EACH LOT OF THIS PLAT AS A MEMBER OF SAID
HOMEOWNERS ASSOCIATION. SAID ASSOCIATION IS SUBJECT TO THE DECLARATION OF COVENANTS AND
~~~T~~~~OfLg'l~tkt~lI_.!.<tI51~~=.o_~L AS DISCLOSED BY INSTRUMENT UNDER KING COUNTY RECORDING
IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS.
LANGLEY DEVELOPMENT GROUP, INC.
A WASHINGTON CORPORA nON
.··~L.6>O
DECLARATION OF COVENANT
WASHINGTON FIRST INTERN A nONAL BANK
//
ITS: "';::.6(;lc¥t U t(£ pv2iS.
THE OWNER OF THE LAND EMBRACED 'o'oIITHIN THIS LONG PLAT. IN RETIURN FOR THE BENEFIT TO ACCRUE FROM
THIS SUBDIVISION. BY SIGNING HEREON COVENANTS AND HEREBY CONVEYS THE BENEFICIAL INTEREST IN THE NEW
EASEMENTS SHOWN ON THIS LONG PLAT TO ANY AND ALL FUTIURE PURCHASERS OF THE LOTS, OR OF ANY
SUBDIVISION THEREOF. THE COVENANT SHALL RUN 'MTH THE LAND AS SHOWN ON THIS LONG PLAT.
ACKNOWLEDGMENTS
STATE OF WASHINGTON' )
)SS
CO:' :HY OF t< .. "1r )
I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT C ..... =:1b01!\A..~ t=l>S~_
IS THE PERSON THAT APPEARED BEFORE ME, AND SAID PERSON ACKNOYlliDGED THAT HE/SHE SIGNED THIS
INSTRUMENT; ON OATH STA'LW ~T. 'J"~~Hl WAS AUTHORIZED TO EXECUllE THE INSllRUMENT; AND
ACKNOWlEDGED IT AS ___ ~_ ... __ OF LANGLEY DEVELOPMENT GROUP. INC.
A WASHINGTON CORPORATION, TO BE THE FREE AND VOlUNTARY ACT OF SUCH PART'(, FOR THE USES AND
PURPOSES MENTIONED IN THE INSTRUMENT. I
DA ;ED: _LlIO~(1 ..... 3.L-. __ 2004.
STATE OF WASHINGTON )
PRINTED NAt.AE:_~ b~Av{\D
NOTARY PUBUC IN A FOR THE
STAllE OF WASHIN~...1~ "'.
RESIDING AT Y\'?l\~+ UI~
MY APPOINTMENT EXPIRES _t-j;IIC(.·:ro:-3~-
K )SS
COUNTY OF ~0-..p)
I CERTIFY THAT I KNOW t HAVE SATISFACTORY EVIDENCE THAT <(AU l-f(;wr,-. ___ _
IS THE PERSON THAT APPEARED BEFORE ME, AND SAID PERSON ACKNO'Wl.EDGED THAT HE/SHE SIGNED THIS
INSTRUMENT; ON OATH STAllED THAT .HEJ.sHE~&.S_"'Um~ TO EXECUllE THE INSTRUMENT; AND
ACKNOYlliDGEO IT AS ~'Z.. VIC/'L y't.eI>l ~S OF WASHINGTON FIRST INTERNATIONAL BANK,
TO BE THE FREE AND VOlUNTARY ACT Of SUCH PARTY F THE USES AND PURPOSES NTIONED IN THE
INSTRUMENT. •
10 J, ... DA TED: -~-'!.!~d1--~ 2004.
PRINllED AME: ~ "\ 'YL 1:>. 4 ... ~, "'_
NOTARY PUBLIC INW FOR THE
STATE OF WASHI~TON _\.... ..
RESIDING AT ~~ lU .....
MY APPOINTMENT EXPIRES ~7J=tL:".&2"'~"':C=-
CITY OF RENTON APPROVALS
CITY OF RENTON PLANNING / BUILD~G / PUBLIC WORKS DEPARTMENT
EXAMINED AND APPROVED THIS .~ DAY OF .NoveA112eJl!.._ 2004.
-~;.f~~4 4uuu~~:::--_.
ADMINISllRATOifi "7
CITY OF RENTON MAYOR rtf.
EXAMINED AND APPROVED THIS ~_ DAY OF _tJb~.k~ __ ~
_ +</I~" ~ / tJ~. QI M~~~T
CI TY OF REN TON ,r:(
EXAMINED AND APPROVED THIS.3 __ DAY OF _~ _~ 2004.
___ ~~_Lii~ _____________________ _
CITY CLERK
CITY OF RENTON FINANCE DIRECTOR'S CERTIFICATE
I HEREBY CERTIFY THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS AND THAT ALL SPECIAL
ASSESSMENTS CERTIFIED TO THE CITY llREASURER FOR COLLECTION ON ANY PROPERTY HEREIN CONTAINED
DEDICATIED FOR SllREETS, ALLEYS OR OTHER PUBLIC USES ARE PAID IN FULL.
THIS --d.tt.----DAY OF _i!2e.;rJt6eP. . 2004.
--f)..!.rih~~.£l~-------FINANCE DIRECTOR
KING COUNTY FINANCE DMSION CERTIFICATE
I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID. THAT THERE ARE NO DELINQUENT SPECIAL
ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND. THAT ALL SPECIAL . .o,SSESSMENTS CERTIFIED
TO THIS OFFICE FOR COLLEcnoN ON ANY OF THE PROPERTY HEREIN CONTAINED. DEDICA llED AS SllREETS,
ALLEYS OR FOR OTHER PUBLIC USE; ARE PAID IN FULL.
THIS _2':/.:}.~ ___ DAY OF _1..'l..Q:!..~~4~ ___________ , 2004.
____ 5~ __ C~y __________ (~£~
MANAGER. f !NANCE OlVI5iON / DEPUTY ,
, (
DEPT. OF ASSESSMENTS
EXAMINED AND APPROVED THIS 1Ji. DAY OF :Jh~ _____ . 2004.
~~tj: __ tJoJal~_. --------~-~~--KING COUNTY ASSESSOR DEPUTY ASSESSOR
TAX ACCOUN T NOS. 1023059099 AND 1023059198
RECORDING CERTIFICATE
FILED FOR RECORD AT THE REQUEST OF CITY OF RENTON THIS _____ DAY Of ____________ ~
2004, AT ____ MINUTES PAST ____ .M. AND RECORDED IN VOLUME __ OF PLATS. PAGES
_________ RECORDS OF KING COUNTY, WASHINGTON.
DIVISION OF RECORDS AND ELECTIONS
MANAGER SUPERINllENDENT OF RECORDS
SURVEYOR'S CERTIFICATE
I, SllEPHEN J. SCHREI. HEREBY CERTIFY THAT THIS PLAT OF BROOKEFIELID Il IS BASED ON AN ACTlUAL
SURVEY IN SECTION 10. TOI'tNSHIP 23 NORTH. RANGE 5 EAST, W.M., KING COUNTY WASHINGTON; THAT THE
COURSES AND DISTANCES ARE SHO"WN CORRECTIL Y HEREON. THAT THE MONUt.AENTS WILL BE SET AND THE
LOT CORNERS STAKED CORRECTILY ON THE GROUND; AND THAT I HAVE FULLY COMPLIED 'o'oIITH THE
PROVISIO S OF THE PLA NG REGULATIONS.
SllEPHEN J. SCHREI DA TE
PROFESSIONAL LAND SURVEYOR
LICENSE NO. 37555
STAllE OF WASHINGTON
coIlE
\,; /DESIGN
ENGINEERING·
1471 1 N.E. 29m PI. Suite 101
Bellevue, Washington 98007
425.885.7877 Fa)( 425.885.7963
PLANNING· SURVEYING
..JOB NO. 03:1..00
SHEET 2 OF 4
BROOKEFIELD II LUA-M-OtU-rP
LND-lO-OooW3
A PORTION OF THE NW 1/4 AND THE NE 1/4 OF THE NE 1/4, SEC. 10, TWP. 23 N., RGE. 5 L, W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
BA.SIS OP BDRINGS
NOO'02'42-E BET\II£EN THE MONUMENTS FOUND AT THE EAST QUARTER AND THE
NORTHEAST SECTION CORNER Of SECTION 10, TOYINSHIP 23 NORTH. RANGE 5
EAST., W..... PER REF. 1
SURnYOR'S NOTIS
1. All. TITlE INFOR .. ATION SHOWN ON THIS ... AP HAS BEEN EXTRACTED FRON
FIRST AMERICAN TITlE INSURANCE COMPANY COhIWITMENT ORDER NO.
4261-415609 DATED JUNE 24. 2004. IN PREPARING THIS MAP, CORE DESIGN.
INC. HAS CONDUCTED NO INDEPENDENT TITlE SEAROi NOR IS CORE DESIGN,
INC. AW/4RE Of ANY TITlE ISSUES AFFECTING THE SUR'vt:YEO PROPERTY OTHER
THAN THOSE SHOWN ON THE ... AP AND DISClOSED BY REFERENCED FIRST
AMERICAN TITlE INSURANCE CONPANY Cot.tMTWENT. CORE DESIGN. INC. HAS
REUED WHa..lY ON FIRST A .. ERlCAN TITlE COMPANY REPRESENTATIONS Of THE
TITlE'S CONDITION TO PREPARE THIS SUR'vt:Y AND THEREFOR CORE DESIGN,
INC. QUAlIFIES THE MAP'S ACCURACY AND CONPlEl[NESS TO THAT EXTENT.
2) AREA OF ENTIRE SITE: 202.615:*: S.f. (4.651H AC.)
3) AREA OF DEDICATED RIGHT OF WAY: 21,045:*: S.f. (0.4831± AC.)
4. All. ... ONUMENTS SHOWN AS fOUND YIERE FIELD VISITED IN JUL Y, 2001,
UNLESS SHOWN OTHERWISE.
4. All. DISTANCES ARE IN FEET.
6. THIS IS A FIELD TRAVERSE SUR~Y. A SOKKIA FI'vt: SECOND COt.I8INED
ELECTRONIC TOTAl STATION WAS USED TO MEASURE THE ANGULAR AND
DISTANCE RELATIONSHIPS BET'A£EN THE CONTROWNG MONUMENTA TION AS
SHO... CLOSURE RATIOS Of THE TRAVERSE MET OR EXCEEDED THOSE
SPECIFIED IN WAC 332-130-090. DISTANCE MEASURING EQUIPMENT HAS BEEN
COMPARED TO AN N.G.S. BASEUNE WITHIN ONE YEAR Of THE DATE OF THIS
SUR'vt:y.
7. THE SECTION SUBDIVISION SHO .. HEREON IS BASED ON THAT RECORD Of
SUR'vt:y BY BUSH, ROED AND HITCHINGS, RECORDED UNDER RECORDING NO.
9805149004 (REf. NO.1).
1. RECORD OF SURVEY BY BUSH, ROED AND HITCHINGS. REC. NO. 9805149004.
RESTRICTIONS
1. LOT 13 SHALL BE DEVELOPED WITH ITS FRONT YARD FACING NORTH AND
LOTS 14, 15 AND 16 SHAll. BE DEVELOPED WITH FRONT YARDS FACING 't'f£ST.
2. A 6 FOOT HIGH SOUD FENCE SHAll. BE CONSTRUCTED AND MAINTAINED
ALONG THE NORTH BOUNDARY ADJACEN T TO NE 11 TH COURT. UN TIL SUCH
TiME TriAT THE ADJOINING PARCEL TO THE NORTH IS DEVELOPED AND THE
REMAINING HALF STREET IMPROVEMENTS TO NE 11 TI-i COURT ARE
CONSTRUCTED.
3. ISAQUAH SCHOOL DISTRICT MITIGATION FEE BASED ON $2,937.00 PER NEW
SINGLE-FAMILY LOT (TOTAL Of FOUR NEW LOTS) SHALL BE PAID PRIOR TO
BUILDING PERMIT APPROVAL.
4. TRACT B IS RESTRICTED TO THOSE USES CONSISTENT WITH STORM
DRAINAGE DETENTION AND OPEN-SPACE, NO RESIDENTIAL DWEWNG UNIT
SHAll. BE CONSTRUCTED WITHIN SAID TRACT.
5. THIS SITE IS SUBJECT TO THE TER~S AND CONDITIONS OF AN ASSIGN~ENT
OF LEASES AND/OR RENTS AS DISCLOSED BY INSTRUMENT RECORDED UNDER
RECORDING NO. 20031010001598.
6. THIS SITE IS SUB.ECT TO THE TER~S AND PROVISIONS OF AN EASE~ENT TO
WHITE RIVERS PO't'f£R COMPANY FOR A POLE LINE RIGHT-Of-WAY AS
DISCLOSED BY INSTRUt.lENT RECORDED UNDER RECORDING NO. 347794, THE
LEGAL DESCRIPTION CONTAINED WITHIN SAID INSTRUMENT IS INSUFFICIENT TO
DETERMINE ITS EXACT LOCATION WITHIN THIS SITE.
7. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN EASEMENT
FOR GRADING AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NO.
3263478.
8. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS OF AN AGREEMENT
AS DISCLOSED BY INSTRUt.lENT RECORDED UNDER RECORDING NO. 5192792.
9. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN CITY
OF RENTON ORDINANCE NO. 4025 AS DISCLOSED BY INSTRUMENT RECORDED
UNDER RECORDING NO. 8612031455.
10. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN CITY
OF RENTON ORDINANCE NO. 4215 AS DISCLOSED BY INSTRUMENT RECORDED
UNDER RECORDING NO. 8905040205.
11. THIS SITE IS SUBJECT TO ~ATTERS DISCLOSED BY SURVEY RECORDED
UNDER RECORDING NO, 9903309011.
5 4
GREENWOOO
CEMETERY
16
R E N TON
15
VICINITY MAP ,iI = JOOOr
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I
16
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23 22 I 21 I 20 I 19 I TRACT A / :g: S. L!NE OF THE N. 20 ACRES
I FOUND 1/2" REBAR PENplNG PLAT OF BROOKEFIELD /1 ~ ~ OF THE E 1/2 OF THE NE. 1/4
WITH RED PLASTIC CAP : I I I I ' 0 SEC 10-25-5
2
11
14
(UNREADABLE), 0.2 E. :<
0.3'S. OF CORNER
SCALE:
0 50
! I
1"
100
I
FOUND 1/2" REBAR ----./ .-
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STAMPED "PLS 10019", (/)
0.21. OF CORNER -<t'
SEE DETAIL BELOW ""
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w Z
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Ln ;-S. LINE OF THE N. 20 ACRES
P OF THE E. 1/2 OF THE NE. 1/4 g SEC 10-25-5
----------~ __ ~z
CITY OF RENTON CONTROL
POINT NO. 1845 FOUND 4"
CONCRETE MONUMENT 'MTH
1/2" COPPER PIN D'M'l. 1.5
IN CASE
J,.... .. _._-N~~:I..t.!.t~. 2644.82 3 2
M('NUMENT NOT 1,~ 661.21 b 661.20 cx:>T--"-"lj'2Z',h--ml
SEARCHED FOR \'" ;:.:: '!!::;;' / :
HELD LOCATION \5"; p oi ~ LU ,/ 'I! ,ill 0 L.C1 : ,..
PER REF. NO.1 i 66149 §:; , ~ ~ i
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, ~.)'l ~,,,. J:.,/'/ II.;:;!
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CONTROL "OINT o~! _ FOUND 2" ~IM~ETER
NO. 1848 ~l:ri CONCRETE MONU~ENT
MONUMENT NOT Pi~ W/TACK D~. 16 IN
SEARCHED FOR 8 i ('oJ CASE
HELD LOCA nON Z 1
PER REF. NO. 1 J.-MONUMENT NOT
10 SEARCHED FOR
..... HELD LOCA nON
15 PER REF. NO. 1
SUBDIVISION
DIAGRAM
N.T.S.
N88'14'1 J"W
DETAIL
N.T.S.
li)r-~....I.,-----c:i , \ N88'12'17"W : \
I ~. \,---rOUND 1/2" REBAR
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wO z~
..Ju
W
ill Ul
coRE
\,; /DESIGN
14711 N,E. 29t1t PI, Suite 101
a.'levw, Woshlng1of1 98007
425.885.7877 Fax 425.885J963
ENGINEERING· PLANNING· SURVEYING
..JOB NO. 03:1..00
BROOKEFIELD II
SHEET 3 OF 4
LUA-O"-OS .. -J"P
LND-10-0403
A PORTION OF THE NW 1/4 AND THE NE 1/4 OF THE NE 1/4, SEC. 10, TWP. 23 N., RGE. 5 E., W.M.,
CITY OF RENTON, KING COUNTY, WASHINGTON
/
I 30' UNPLATTED tD 0
I I'")
.......... ""
30.01 r -/ S LINE N. 155 FT OF Sl/2, NE 1/4, NW 1/4, NE 1/4 SEC 10-23-05 ;0.------· I ~ 0 -
0 8--,,-N8813'OO"W ~ --<t-11--~ -515.22
30.01 , -N88'13'00"W 544.82 --------
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--~ 514.81 "" N.E. 11TH CT. ~ ~ Ji( i<)
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1;:'15.00 44.58 50.02 ~ ~ 50.02 -50.02 50.02
I tF9r39'39"
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10' PRIVATE -r L=24.00 ---~ -
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27 26 25 24
I I I
EASDINT NOTES
THE EASE~ENTS DEPICTED ON THE MAP SHEETS OF THIS FINAL PLAT ARE FOR THE LIMITED PURPOSED LISTED BELOW
AND ARE HEREBY CONVEYED FOlLOWING THE RECORDING OF THIS FINAL PLAT AS SPECIFIED ACCORDING TO THE
RESERVATIONS LISTED BELOW.
THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER THE PRIVATE DRAINAGE EASEMENTS SHOWN HEREON TO
REPAIR ANY DEFICIENCIES OF THE DRAINAGE FACILITY IN THE EVENT THE OWNER(S) IS/ARE NEGLIGENT IN THE
MAINTENANCE OF THE DRAINAGE FACILITlES. THESE REPAIRS SHALL BE AT THE OWNER'S COST.
1. AN EASE~ENT IS HEREBY RESERVED, GRANTED AND CONVEYED TO THE CITY OF RENTON, PUGH SOUND ENERGY,
Q~ST CO~~UNICATIONS. COMCAST, KING COUNTY WATER DISTRICT NO. 90 AND THEIR RESPECTIVE SUCCESSORS AND
ASSIGNS, UNDER AND UPON THE EXTERIOR 10 FEET OF ALL LOST AND TRACTS, PARALLEL WITH AND ADJOINING
EXISTING OR PROPOSED PUBLIC RIGHT-OF-WAY IN 'MilCH TO INSTALL, LAY, CONSTRUCT, RENEW. OPERATE AND
MAINTAIN UNDERGROUND DISTRIBUTlON SYSTE~S WITH NECESSARY FACILITIES, SIDEWALKS AND OTHER EQUIPMENT FOR
THE PURPOSE OF SERVlNG THIS SUBDIVlSION AND OTHER PROPERTY, WITH UTILITY SERVICES AND SIDEWALKS,
TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSES HEREIN TOGETHER STATED.
NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC CURRENT. OR FOR TELEPHONE USE, CABLE TELEVISION, FIRE
OR POLICE SIGNAL OR FOR OTHER PURPOSES, SHALL BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE
UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING.
2. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOT 2 IS FOR THE BENEFIT OF LOT 1. THE OWNER OF SAID
BENEFITED LOT SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE FACILITIES WITHIN SAID
EASE~ENT.
3. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 4 AND 5 IS FOR THE BENEFIT OF LOTS 3 AND 4.
THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE
FACILITIES WITHIN SAID EASE~ENT.
4. THE 10 FOOT PRIVATE DRAINAGE EASEMENT SHOWN ON LOTS 7 AND 8 IS FOR THE BENEFIT OF LOTS 6, 7 AND 9.
THE OWNERS OF SAID BENEFITED LOTS SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE
FACILITIES WITHIN SAID EASEMENT.
5. THE 10 FOOT PR1VATE DRAINAGE EASE~ENT SHOWN ON LOTS 11 AND 12 IS FOR THE BENEFIT OF LOTS 10 AND 11.
THE OWNERS OF SAID BENEFITED LOTS SHAlL BE RESPONSIBLE FOR THE MAINTENANCE OF THE PRIVATE DRAINAGE
FACILITIES WITHIN SAID EASE~ENT.
6. THE 15 FOOT SANITARY SE't\£R EASE~ENT SHOWN ON LOTS 9 AND 10 IS HEREBY RESERVED FOR AND GRANTED TO
THE CITY OF RENTON FOR SANITARY SEWER FACILITIES. THE CITY OF RENTON IS HEREBY RESPONSIBLE FOR THE
MAINTENANCE OF THE PUBLIC SANITARY SEWER FACILITIES WITHIN SAID EASE~ENT.
7. THE 10 FOOT PRIVATE SANITARY SEVf£R EASEMENT SHOWN ON LOT 10 IS FOR THE BENEFIT OF LOT 11. THE OWNER
OF SAID BENEFITED LOT SHALL BE RESPONSIBLE FOR THE ~AINTENANCE OF THE PRIVATE SANITARY SEVf£R FACILITIES
WITHIN SAID EASE~ENT.
8. THE WATER EASEMENT SHOVttl ON LOTS 7, 8, 9. 10, 11. 12, 13 AND TRACT C IS HEREBY RESERVED FOR AND
GRANTED TO KING COUNTY WATER DISTRICT 90 FOR PUBLIC WATER FACILITIES, SAID DISTRICT IS HEREBY RESPONSIBLE
FOR THE ~AINTENANCE OF THE PUBLIC WATER FACILITIES WITHIN SAID EASE~ENT.
9. THE 10 FOOT ACCESS EASE~ENT SHOWN ON LOT 13 IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF
RENTON FOR ACCESS PURPOSES.
LEGEND
•
SET STANDARD CITY OF RENTON
CONCRElE MONUMENT IN CASE AS
SHOVtN.
SET 1/2-X 24-REBAR WjYELLOW
PLASTIC CAP STAMPED -CORE 37555-
o FOUND CORNER MONUMENT AS NOTED.
c: SET TAct< IN LEAD W/SHINER -37555-
ON PROPERTY LINE EXTENDED 4.75 FEET
IN LIEU OF FRONT LOT CORNERS UNLESS
NOlED OTHER'MSE.
GOloD CITY OF RENTON STREET ADDRESS
~INIMU" FINISHED FLOOR ELEVATION
REQUIRED BY APPROVED ENGINEERING
PLANS
DATUM
NAVD 88 PER CITY OF RENTON
BENCHMARK
CITY OF RENTON POINT NO. 1907, CHISELED SQUARE IN S.E.
CORNER CONCRETE ~AILBOX BASE, W. SIDE 142ND AVE.
S.E., OPPOSIlE HOUSE NO. 12014 EL. 472.66 FEET OR
(144.69 MElERS.)
CITY OF RENTON POINT NO. 2119. BRASS SURFACE DISI< AT
THE INlERSECTlON OF S.E. 128TH ST. AND 142ND AVE. S.E.
EL. 426.42 FEET OR (129.974 ~ElERS)
S LINE N. 1/2, SE 1/4,
I I P[NDING PLA T OF BROOKEFIELD
I 23 . 22
631.41
~
~ ----
-~
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50.04 50.04 50.05 I -
10' PRIVATE -r ---I-~ I
DRAINAGE I I
EASEN£NT SEE I I NOTE 4, SHT. 3 I I
I I 7 ,.... 8 I,.... ,.... 9 I 0 0 N 0 co l?l 64?3± S.F. .... r-.. 6472± S.F. N ..., ~I r-.. 6472± SF C> 0> a; ~~D 0 ~ 0 r--0> @l) ~ Ig 0 0 ~ ~I z 0 z I~ 1467.01 1465.0/ 1465.5/ I
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NW 1/4. NE 1/4 SEC 10-23-05
21 20 19
SCALE: 1" 40'
o 20 4.0 80 ... ' .'-'-_.'
CORE
\; /DESIGN
14711 N.E. 29th PI. Suite 10J
Bellevue, Washington 98007
425.885.7877 Fax 425.885.7963
ENGINEERING· PLANNING· SURVEYING
.JOB NO. 03:1..00
BROOKEFIELD II
A PORTION OF THE NW 1/4 AND THE NE 1/4 OF THE NE 1/4. SEC. 10. TWP. 23 N., RGE. 5 E.. W.M .•
CITY OF RENTON, KING COUNTY. WASHINGTON
L() o
1 n
N
1 o
u w Vl 84.72
UNPLATTED
LINE OF THE S. 10 AC. OF THE N. 20 AC. OF THE E. 1/2 OF THE NE. 1/4 SEC 10-25-5
}<J f:;
.? ",'
N88" 12'1 rw 300.13
215.41
SHEET 4 OF 4
LUA-CM-OiU-rP
LND-l0-0403
15
16
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f-10' WATER EASEMENT \;:: 'a J
: SEE NOTE 8, SHT. 3 ",\.,. '{. ~_ 15' WATER EASEMENT
1 .~ ~y SEE NOTE 8, SHT. 3
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",':lb.. 92.81
26.01 r S LINE N. 165 FT OF SI/2, NE 1/4, NW 1/4, NE 1/4 SEC 10-23-05 ;;
I - -N88'13'OO"W 631.41 N -----:~~-~-~5TII5r22:2Z-------~8r---~~55~.~00~~~~~~61~.1~9----~~-~'J
---N88'13'OO"W 544.82 ;:: N01'47'OO"E TRACT A
QQ 'l.b...
I 14
514.81 SEE DEDICATION, SHl 1
3867± S.F.
-10' PUBLIC
W 8 I UTILITY EASEMENT 7:';'~'
OJ :;;, SEE NOTE I, 1.::>.3J..0
I,W o 9 1;-::
, '" 18 12
7.5 1
1 5' SANIT AR Y :::l
SEWER EASEMENT 1
:EE NOTE 6,
SHI. 3 !
--------1--,
10
S937± ST.
la' PRIVATE
DRAINAGE
EASEMENT SEE
.w ~OTIE 5, SHT. 3
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PLASTIC CAP STAMPED ·CORE 37555" BENCHMARK o 20 40 80
o FOUND CORNER MONUMENT AS NOTED.
n SET TACK IN LEAD W/SHINER "37555·
ON PROPERTY LINE EXTENDED 4,75 FEET
IN LIEU Of FRONT LOT CORNERS UNLESS
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! 442 0 I REOUIRED BY APPROVED ENGINEERING
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CITY OF RENTON POINT NO. 1907, CHISELED
SQUARE IN S.E. CORNER CONCRETE MAILBOX BASE.
W. SIDE 142ND AVE. S,E" OPPOSITE HOUSE NO.
12014 El, 472.66 FEET OR (14-4,69 METERS.)
CITY OF RENTON POINT NO. 2119, BRASS SURFACE
DISK AT THE INTERSECTION Of S,E, 128TH ST, AND
142ND AVE. S.E, EL. "'26,42 FEET OR (129.974
METERS)
... ' .'-'-_ .. '
CORE
\,; /DESIGN
14771 N.E. 29th PI. Suite J 0 J
Bellevue. Wothington 98007
425.885.7877 Fax 425.885.7963
ENGINEERING" PLANNING" SURVEYING
JOB NO. 03100